Skip to main content

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

See other formats 


LAWS 


OF  THE 

STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1941 

LEGISLATURE  CONVENED  JANUARY  1, 
ADJOURNED  JUNE  13. 


CONCORD,  N.  H. 
1941 


N  53 


Printed  by 

The  Granite  State  Press 

Manchester,  N.  H. 


Bound  by 

Neal  Printing  and  Binding  Co. 

Dover,  N.  H. 


STATE  OFFICERS 


Governor    Robert  0.  Blood 

"George  D.  Roberts 
Ansel  N.  Sanborn 
Thomas  A.  Murray 


Councilors    < 


William  A.  Molloy 
Harold  G.  Fairbanks 


Education,  State  Board  of < 


Adjutant  General  Charles  F.  Bowen 

Agriculture,  Commissioner  of Andrew  L.  Felker 

Bank  Commissioner  Clyde  M.  Davis 

Comptroller   Stephen  B.  Story 

Orton  B.  Brown 
Joseph  W.  Epply 
Alice  S.  Harriman 
Robert  T.  Kingsbury 
Ruth  S.  Kirk 
James  J.  Powers 
^James  A.  Wellman 

Commissioner  of James  N.  Pringle 

Fish  and  Game  Department,  Director  Ralph  G.  Carpenter,  2nd 
Forester,  State   John  H.  Foster 

Forestry  and  Recreation  Com-  fW.  Robinson  Brown 

tnission   ■<  Owen  Johnson 

L  Harry  K.  Rogers 

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

Highway  Commissioner Frederic  E.  Everett 

Insurance  Commissioner Arthur  J.  Rouillard 

Labor  Commissioner    John  S.  B.  Davie 

State  Board  of  Conciliation  and    fWalter  F.  Duffy 

Arbitration    <  Karl  E.  Dowd 

LKarl  E.  Merrill 

Librarian,  State    Thelma  Brackett 

{Arthur  L.  Carpenter 
William  A.  Jackson 
Leo  L.  Osborne 

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 George  A.  Colbath 

f  William  H.  Barry 

Public  Service  Commission <  Edgar  H.  Hunter 

Lciaude  H.  Swain 

{Charles  E.  Green 
John  J.  Hallihan 
Frank  C.  Remick 

Commissioner    Harry  0.  Page 

Purchasing  Agent Harold  Cheney 

Secretary  of  State Enoch  D.  Fuller 

Deputy    Harry  E.  Jackson 

{John  G.  Marston 
Dudley  W.  Orr 
John  R.  Spring 

Treasurer,  State  F.  Gordon  Kimball 

Acting  Deputy Ann  N.  Durepo 

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


SUPREME  COURT 

Chief  Justice  John  E.  Allen 

"Oliver  W.  Branch 
Associate  Justices 


A 


Henri  A.  Burque 
Thomas  L.  Marble 
Elwin  L.  Page 

Attorney  General   Frank  R.  Kenison 

Assistant  Attorney  General Ernest  R.  D'Amours 

State  Reporter Crawford  D.  Hening 

Clerk  of  the  Supreme  Court George  0.  Shovan 


SUPERIOR  COURT 

Chief  Justice Oscar  L.  Young 

'Amos  N.  Blandin,  Jr. 
Aloysius  J.  Connor 

Associate  Justices ^  Warren  W.  James 

Francis  W.  Johnston 
H.  Thornton  Lorimer 


THE  LEGISLATURE  OF  1941 


SENATE 

President — William  M.  Cole,  Derry,  r. 
Clerk — Benjamin  F.  Greer,  Grasmere,  r. 
Assistant  Clerk — Frank  M.  Ayer,  Alton,  r. 
S erg cant-at- Arms — Raymond  B.  Lakeman,  Laconia,  r. 
Messenger — Paul  Amos  Mansur,  Concord,  r. 
Assistant  Messenger — Henry  Phelps,  Concord,  r. 
Doorkeeper — William  W.  Allen,  Concord,  r. 
Teleplione  Messenger — Chester  Jewell,  Concord,  r. 


SENATORS 


Emmet  J.  Kelley,  Berlin,  d. 
Blake  T.  Schurman,  Lancaster,  r. 
Earl  V.  Howard,  Piermont,  r. 
Elmer  H.  Downs,  Conway,  r. 
Joseph  B.    Perley,   Lebanon,   r. 
Curtis  H.  Page,  Gilmanton,  r.  and  d. 
Anson  C.  Alexander,  Boscawen,  r. 
John  H.  Leahy,  Claremont,  r. 
George  Azro  Maxham,  Concord,  r  and  d. 
Benjamin  H.  Bragg,  Alstead,  r. 
William  Weston,  Hancock,  r. 
Philip  C.  Heald,  Wilton,  r.  and  d. 


Arthur  J.  Renaud,  Nashua,  d. 
Clarence  J.  Avery,  Goffstown,  r. 
Charles  W.  Howard,  Concord,  r. 
Joseph  H.  Geisel,  Manchester,  r. 
John  J.  O'Reilly,  Manchester,  d. 
J.  Vincent  Moran,  Manchester,  d. 
Charles  O.  Lamy,  Manchester,  d. 
Edmond  J.  Marcoux,  Rochester, 
Carroll  E.  Hall,  Dover,  d. 
William  M.  Cole,  Derry,  r. 
Renfrew  A.  Thomson,  Exeter,  r. 
Arthur  J.  Reinhart,  Portsmouth, 


HOUSE  OF  REPRESENTATIVES 

Speaker — Charles  H.  Barnard,  Manchester,  r. 

Clerk — Cyril  J.  Fretwell,  Concord,  r. 

Assistant  Clerk— Robert  L.  Stark,  Goffstown,  r. 

Sergeant-at-Arms — Guy  S.  Neal,  Acworth,  r. 

Chaplain — Edwin  B.  Young,  Hillsborough,  r. 

Custodian  of  Mail  and  Supplies — Harold  Fournier,  Concord,  r. 

Doorkeeper — Lenne  C.  Twombly,  Hill,  r. 

Doorkeeper — Harry  S.  Yeaton,  New  Castle,  r. 

Doorkeeper — Sherman  L.  Greer,  Manchester,  r. 

Doorkeeper — George  Knowlton,  Keene,  r. 

ROCKINGHAM  COUNTY 


Atkinson,  Harry  B.  Tuttle,  r. 
Auburn,  Harvey  F.  Stowe,  r.  and  d. 
Brentwood,  LeRoy  M.  Lake,  r. 
Candia,  Eliot  U.  Wyman,  r.  and  d. 
Chester,  Preston  E.  Goodrich,  r. 
Danville,  Mahlon  C.  Currier,  r. 
Deerfield,  Carl  M.  Fogg,  d. 


Derry,  Edward  E.  Berthiaume,  r. 

Harold  W.  Corson,  r.  and 

George  H.  Grinnell,  r. 

Robert  Morrison,  r.  and  d. 
Epping,  Thomas  W.  Fecteau,  d. 
Exeter,  Helen  D.  Bourn,  r. 

Frank  M.  Cilley,  r. 


VI 


The  Legislature  of  1941 


Rockingham   County — Continued 
Exeter,  Frank  R.  Goodale,  r. 
Walter  O.  Pennell,  r. 
Fremont,  John  E.  Robbins,  r. 
Hampstead,  Doris  M.  SpoUett,  r. 
Hampton,  Dean  B.  Merrill,  r.  and  d. 
Kensington,  Horace  O.  Evans,  d. 
Kingston,  Warren  S.  Keay,  r. 
Londonderry,  Frank  A.  Nesmith,  r. 
New  Castle,  James  W.  Pridham,  d. 
Newfields,  Eugene  C.  Patridge,  r. 
Newington,  Charles  W.  Coleman, 

r.  and  d. 
Nezvmarket,  Arthur  A.  Labranche,  d. 

Eugene  Rousseau,  d. 
Newton,  Robert  S.  Prescott,  r. 
North  Hampton,  Paul  W.  Hobbs, 

r.  and  d. 
Northwood,  Robert  A.  Johnson,  r.  and  d. 
Nottingham,  Waldo  H.  Sanborn,  r. 
Plaistow,  John  A.  Palmer,  r. 


Portsmouth, 

Ward  1,  Andrew  J.  Barrett,  d. 
Mary  C.  Dondero,  d. 
Patrick  J.  Kittredge,  d. 
Ward  2,  Harry  H.  Foote,  r. 
Edwin  W.  Gray,  r. 
Alvin  F.  Redden,  r. 
John  H.  Yeaton,  r. 
Ward  3,  William  S.  Canty,  d. 
James  R.  McNeil,  d. 
Ward  4,  Frederick  Schlegel,  r.  and  d. 
Ward  5,  John  Burkhardt,  r. 

Patrick  E.  Kane*,  d. 
Raymond,  Lewis  W.  Holmes,  r.  and  d. 
Rye,  Ernest  A.  Tucker,  r. 
Salem,  William  Barron,  r. 

Leonard  B.  Peever,  r. 
Seahrook,  Lucien  W.  Foote,  d. 
Stratham,  Fred  L.  Jewell,  r. 


STRAFFORD  COUNTY 


Barring  ton.  Jack  G.  Hayes,  r. 
Dover, 

Ward  1,  Clifton  R.  Hayes,  r. 
James  M.  Jackson,  d. 
Thomas  H.  Keenan,  r. 
Ward  2,  Albert  Courchene,  d. 
Daniel  J.  Cronin,  d. 
William  N.  Shaheen,  d. 
Ward  3,  H.  Howard  Hartford,  r. 

A.  Ray  Kennard,  r. 
Ward  4,  Edward  J.  Ackroyd,  d. 
George  L  Leighton,  r. 
Ernest  L.  Lucas,  r. 
Ward  5,  George  E.  Brennan,  d. 
Durham,  J.  Guy  Smart,  r. 
Farmington,  Carl  C.  Blanchard,  r. 
Frank  E.  Webster,  r. 
Lee,  David  B.  Bartlett,  r. 
Milton,  George  W.  Longley,  r. 
New  Durham,  William  Smith,  r.  and  d. 


Rochester, 

Ward  1,  George  C.  Nadeau,  d. 
Ward  2,  John  F.  Conrad,  d. 

George  Y.  Emerson*, 
Ward  3,  Samuel  Hale,  d. 
Ward  4,  Aurelle  Beaudoin,  d. 
George  J.  Potvin,  d. 
Ward  5,  Joshua  Studley,  r. 
Ward  6,  Llewellyn  F.  Fernald, 
O.  William  Hayes,  r. 
Rollinsford,  Forrest  L.  Nutter,  d. 
Soinersworth, 

Ward  1,  Albert  Hamel,  d. 
Ward  2,  Napoleon  A.  Habel,  d. 
Ward  3,  Alfred  J.  Boucher,  d. 
Ward  4,  Edmond  G.  Hebert,  d. 

Albert  J.  Nadeau,  d. 
Ward  5,  Fred  J.  Coffin,  d. 
Strafford,  Ellsworth  H.  Berry,  r. 


Alton,  Charles  A.  Rollins,  r. 
Barnstead,  Joseph  H.  Cotton,  r. 
Belmont,  Samuel  P.  Philbrick,  r. 
Center  Harbor,  Clarence  E.  Nichols, 


BELKNAP  COUNTY 

Gilford,  Arthur  H.  Lord,  r.  and  d. 
Gilmanton,  Morse  E.  Brown,  d.  and  r. 
Laconia, 

U^ard  1,  David  O'Shan,  r. 


r.  and  d. 


George  W.  Tarlson,  r.  and  d. 


*  Died. 


The  Legislature  of  1941 


Vll 


Belknap  County — Continued 
Laconia — Continued 

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

Leonel  C.  Langlois,  d. 
U'ard  3,  Elmer  S.  Tilton,  r.  and  d. 
Ward  4,  Joseph  H.  Roucher,  r. 

Frederick  A.  Tilton,  r. 
Ward  5,  Arthur  R.  Merrill,  r. 

Harry  J.  Rivers*,  r.  and  d. 


Ward  6,  John  M.  Ewing,  r. 

Charles  O.  Hopkins,  r. 
Meredith,  J.  Frank  Neal,  r. 

Leander  G.  Pynn,  r. 
New  Hampton,  Joseph  W.  Smith,  d. 
Sanhornton,  Walter  D.  Woodman, 

d.  and  r. 
Tilton,  Ned  C.  Rogers,  d. 


CARROLL  COUNTY 


Bartlett,  Scott  C.  W.  Simpson,  r. 
Comvay,  Ralph  L.  Grindle,  r. 

Leslie  C.  Hill,  r. 

Chester  M.  Wiggin,  Jr.  r. 
Freedoni,  Fred  Huntress,  d. 
Madison,  Guy  W.  Nickerson,  r. 
Moiiltonhoroiigh,  Edith  D.  Banfield,  r. 


Ossipcc,  Harry  P.  Smart,  r. 
Sandivich,  Perley  C.  Knox,  r. 
Tamworth,  Leonard  H.  Vittum,  r.  and  d. 
Tiiftonboro,  Carl  D.  Hayes,  r. 
If 'ake field,  Alden  N.  Young,  r. 
Wolfehoro,  Raymond  E.  Jewell,  r.  and  d. 
George  F.  Thibodeau,  r. 


MERRIMACK  COUNTY 


Ward 
Ward 
Ward 


Allenstown,  Narcisse  V.  Guilbeault,  d. 
Andover,  Victor  E.  Phelps,  d. 
Boscawen,  Harry  W.  Carter,  d. 
Bow,  Asa  H.  Morgan,  r.  and  d. 
Bradford,  Reuben  S.  Moore,  r. 
Canterbury,  Frank  L.  Laird,  d. 
Chichester,  Leon  A.  Sanborn,  r. 
Concord, 

Ward  1,  Charles  P.  Coakley,  d.  and  r. 

William  J.  Veroneau,  d. 

John  E.  Davis,  r. 

Arthur  F.  Henry,  r.  and  d. 

Albert  S.  Baker,  r. 

Sara  E.  Otis,  r. 

Robert  W.  Potter,  r. 
Ward  5,  William  H.  Fletcher,  r. 

George  H.  Nash,  r. 
Ward  6,  John  S.  Clinton,  r. 

Winslow  H.  Osborne,  r. 

Arthur  F.  Sturtevant,  r. 

John  C.  Tilton,  r. 
Ward  7 ,  Shirley  Brunei,  r.  and  d. 

John  E.  Bunton,  r. 

Donald  G.  Matson,  r. 

Richard  F.  Upton,  r.  and  d. 
Ward  8,  John  H.  Mayo,  d. 


Ward  9,  Joseph  J.  Conii,  r. 
J.  Russ  Sullivan,  d. 
Danbury,  John  O.  Ford,  r. 
Dunbarton,  Henry  Milburn,  r. 
Epsom,  Edwin  L.  Bunker,  r.  and  d. 
Franklin, 

Ward  1,  Lester  C.  Maxfield,  r. 
Ward  2,  Eusebe  P.  Lemire,  d. 

J.  Charles  Riel,  d. 

Ward  3,  Louis  H.  Douphinett,  d. 

Charles  D.  Whittier,  d. 

Hcnniker,  Diamond  A.  Maxwell,  r. 

Hill,  Ruth  M.  Rounds,  r.  and  d. 

Hooksctt,  Edward  M.  DuDevoir,  d. 

Alphonse  LaFond,  d. 
Hopkinton,  Lewis  A.  Nelson,  r. 
Loudon,  Martyn  B.  Kenney,  r. 
Nezu  London,  Herbert  D.  Swift,  r.  andd. 
Northfield,  Albert  A.  Carr,  r. 
Pembroke,  Oscar  I.  Boisvert,  d. 

Antonio  A.  Dupont,  d. 
Pittsficld,  George  E.  Freese,  r. 
John  H.  Perkins,  d. 
Sutton,  William  B.  Connor,  r. 
Warner,  Alfred  S.  Clones,  r. 
Webster,  Adam  E.  Mock,  r.  and  d. 
Wilmot,  Ernest  Stuart,  r. 


*  Died. 


Vlll 


The  Legislature  of  1941 


HILLSBOROUGH  COUNTY 


Amherst,  Ralph  C.  Bills,  r.  and  d. 
Antrim,  Hugh  M.  Graham,  r. 
Bedford,  Ralph  M.  Wiggin,  r.  and  d. 
Bennington,  George  E.  Edwards, 

r.  and  d. 
Brookline,  Grover  C.  Farwell,  d. 
Francestown,  Carroll  F.  Clark,  d.  and  r. 
Goffstown,  F.  Arthur  Bartlett,  d. 
John  W.  Brown,  r. 
Ralph  E.  Wakefield,  r. 
Greenfield,  George  A.  Reynolds,  r. 
Greenville,  Bernadette  E.  Charois,  d. 
Hancock,  Frederic  W.  Gleason,  r.  and  d. 
Hillsborough,  George  W.  Boynton,  r. 

Frank  D.  Gay,  r.  and  d. 
Hollis,  Edward  Lievens,  r. 
Hudson,  Roland  W.  Abbott,  r.  and  d. 

Edwin  H.  Morrill,  d. 
Lyndeborough,  Erwin  E.  Cummings, 

r.  and  d. 
Manchester, 

Ward    1,  Stoddard  B.  E.  Chase,  r. 
Joel  S.  Daniels,  Sr.,  r. 
Edward  T.  Knowlton,  r. 
J.  Walker  Wiggin,  r. 
Ward    2,  Wayne  D.  Anderson,  r. 
Charles  H.  Barnard,  r. 
Robert  E.  Carter,  r. 
Perley  W.  Gage,  r. 
Charles  E.  Woodbury,  r. 
Ward    3,  Joseph  M.  Barry,  d. 

Patrick  F.  Bresnahan,  d. 
Timothy  F.  Dowd,  d. 
Timothy  J.  Shea,  d. 
Walter  P.  Sullivan,  d. 
Ward    4,  John  J.  Frain,  d. 

Dominick  J.  Kean,  d. 
Thomas  J.  McGowan,  d. 
D.  Frank  O'Neil,  d. 
Ward    5,  Joseph  J.  Betley,  d. 

Patrick  J.  Creighton,  d. 
Napoleon  Dulac,  d. 
Joseph  P.  Healy,  d. 
Arthur  J.  Lacroix,  d. 
Martin  L.  Mahoney,  d. 
John  C.  O'Brien,  d. 
Ward    6,  William  J.  Booth,  d. 
John  G.  Clancy,  d. 
Thomas  J.  Connolly,  d. 


Frank  M.  Fox,  Jr.,  d. 

Patrick  J.  O'Connell,  Jr.,  d. 

James  E.  Slowey,  d. 
Ward    7 ,  Armand  J.  Benoit,  d. 

Joseph  C.  Gaumont,  d. 

Mark  J.  Gorham,  d. 

Arthur  J.  Jean,  d. 

Alonzo  J.  Tessier,  d. 

Gedeon  A.  Turcotte,  d. 
Ward    8,  Edmond  Benoit,  d. 

Joseph  Chevrette,  d. 

George  N.  Constant,  d. 

Eugene  Delisle,  Jr.,  d. 

Michael  S.  Donnelly,  d. 

John  J.  Kane,  d. 

Leonard  L.  Provencher,  d. 

Pete  H.  Roy,  d. 
Ward    9,  Clarence  F.  Adams,  d. 

John  F.  DriscoU,  d. 

Patrick  J.  Egan,  d. 
Ward  10,  Marye  L.  Caron,  d. 

Oscar  E.  Getz,  d. 

Medora  Gilmartin,  d. 

William  F.  Stewart,  d. 
Ward  11,  Hubert  T.  Carroll,  d. 

Thomas  J.  Conway,  Jr.,  d. 

Francis  P.  Grady,  d. 

Joseph  J.  Roukey,  d. 
Ward  12,  Joseph  P.  Aubin,  d. 

J.  Charles  Durette,  d. 

Henry  Huard,  d. 

Albert  H.  Prince,  d. 

Hector  J.  Rousseau,  d. 
Ward  13,  Charles  E.  Daniel,  d. 

Adolphe  Duval,  d. 

Origene  E.  Lesmerises,  d. 

Arthur  Thibodeau,  d. 

Roland  M.  Turgeon,  d. 
Merrimack,  Edward  W.  Carter,  r. 
Milford,  George  L.  Ellison,  r.  and  d. 
George  F.  Jewett,  r. 
Fred  T.  Wadleigh,  r. 
Nashua, 

Ward  1,  Blaylock  Atherton,  r. 

Mabel  Thompson  Cooper,  r. 
Walter  N.  Davis,  r. 
Charles  I.  Woodbury,  r. 
Ward  2,  Fred  E.  Landry,  d. 
John  L.  Sweeney,  d. 


The  Legislature  of  1941 


IX 


Hillsborough  County — Continued 
Manchester — Continued 
Ward  3,  Emile  Carrier,  d. 

Octave  J.  Goulet,  d. 

Hector  Trombley,  d. 
Ward  4,  George  D.  Spalding,  d. 

Timothy  J.  Sullivan,  d. 
Ward  5,  Arthur  Bilodeau,  d. 

Amedee  Plourde,  d. 

Leonard  G.  Velishka, 

d.  and  r. 
Ward  6,  Louis  W.  Paquett,  d. 

Frank  B.  Shea,  d. 

Robert  St.  Francois,  d. 
Ward  7,  Alfred  Betters,  d. 

Aimable  B.  Goyette,  d.  and  r. 


Dennis  F.  Sweeney,  d. 
Ward  8,  Rodolphe  Cormier,  d. 

Wilfred  J.  Grandmaison,  d. 
Honore  D.  LeBlanc,  d. 
John  D.  Wilcox,  d. 
Ward  9,  Paul  E.   Bouthillier,  d. 
Auguste  Senechal,  d. 
New  Boston,  Albert  E.  Shedd,  r.  and  d. 
Nezv  Ipswich,  William  T.  Thompson, 

r.  and  d. 
Pelham,  Ernest  Q.  Bigelow,  r.  and  d. 
Peterborough,  Perkins  Bass,  r. 

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


CHESHIRE  COUNTY 


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

Charles  M.  Mills,  r. 
Keene, 

Ward  1,  Ben  O.  Aldrich,  r.  and  d. 

Francis  P.  Callahan,  r. 

Eugene  J.  Pelletier,  d. 

Russell  F.  Batchelor,  r. 
Ward  2,  Sidney  S.  Frissell,  r. 

Guy  F.  Lombard,  r. 


Ward  3,  James  Cowling  Hiltonf,  r. 

Wallace  E.  Mason,  r. 
JVard  4,  Harry  C.  Lichman,  r. 
Robert  M.  Sayers,  r. 
Ward  5,  John  M.  Duffy,  d. 

Lawrence  M.  Pickett,  d. 
Marlborough,  Ray  E.  Tarbox,  r.  and  d. 
Rindge,  Henry  M.  Hale,  r.  and  d. 
Swanzey,  Ralph  A.  Blake,  r.  and  d. 

Bert  W.  Wheeler,  r.  and  d. 
Troy,  John  N.  Grimes,  d. 
Walpole,  Francis  Doucette,  d. 
Harold  O.  Pierce,  r. 
Westmoreland,  Earl  Brennan,  r.  and  d. 
Winchester,  Frederick  H.  Ingham,  r. 
Luman  R.  Nelson,  r. 


SULLIVAN  COUNTY 


Acworth,  Ellis  E.  Higley,  r.  and  d. 
Charlestown,  Frank  W.  Hamlin,  r. 
Clareniont,  Arthur  W.  Barrows,  d. 

Louis  A.  Beland,  d. 

James  D.  Daly,  d. 

Minnie  C.  Decker,  d. 

Harry  J.  Delorier,  d. 

William  L.  Gaffnej',  d. 

Alfred  J.  Marcotte,  d. 

Edward  J.  Mercier,  Jr.,  d. 

Owen  J.  Murphy,  d. 


Cornish,  Harry  D.  Witherill,  r. 
Goshen,  Lester  E.  Brigham,  r.  and  d. 
Lempster,  Fred  A.  Barton,  r.  and  d. 
Newport,  Elsie  C.  Bailey,  d. 

John  J.  Condon,  d. 

Leon  E.  Kempton,  d. 

Edward  J.  Maley,  d. 
Plain  field,  Fred  A.  Mark,  r. 
Springfield,  Seely  W.  Philbrick,  r.  and  d. 
Sunapee,  Leo  L.  Osborne,  d.  and  r. 
Unity,  George  B.  Cram,  d. 


t  Resigned. 


The  Legislature  of  1941 


GRAFTON  COUNTY 


Alexandria,  Harry  D.  Rollins,  r.  and  d. 
Ashland,  William  A.  Brown,  d. 
Bath,  Amos  N.  Blandin,  d. 
Bethlehem,  George  T.  Noyes,  r. 
Bristol,  John  W.  Coolidge,  r.  and  d. 
Camp  ton,  Bertram  W.  Pulsifer,  r.  and  d. 
Canaan,  Frank  B.  Clarke,  r. 
Enfield,  Isaac  H.  Sanborn,  r. 
Franconia,  William  P.  Hodge,  r.  and  d. 
Grafton,  Henry  M.  Valia,  r.  and  d. 
Hanover,  Archie  B.  Gile,  r. 

Charles  A.  Holden,  r. 

Edgar  H.  Hunter,  r. 
Haverhill,  Alec  J.  Cryan,  r. 

Lewis  E.  Davison,  r.  and  d. 

Frank  R.  Dean,  r. 
Holderness,  Harold  E.  Haley,  r.  and  d. 
Landaff,  Roscoe  J.  Oakes,  d. 
Lebanon,  Earl  T.  Burby,  d. 

Daniel  E.  Butler,  d. 

Matthew  S.  Gile,  d. 


Frank  X.  Guay,  d. 

Napoleon  A.  Jette,  d. 

Frank  Kelley,  d. 
Lincoln,  Sherman  Adams,  r. 
Lisbon,  James  E.  Collins,  r. 

Arthur  L.  Hamilton,  r, 
Littleton,  Clare  R.  Blount,  r. 

Lawrence  W.  Collins,  r. 

Mabel  M.  Downing,  r. 

Henry  F.  Whitcomb,  r. 
Lyme,  Frank  H.  Bailey,  r.  and  d. 
Monroe,  Harlan  J.  Johnson,  r. 
Or  ford,  Charles  L.  Cushman,  r. 
Piernwnt,  Ernest  D.  Day,  r. 
Plymouth,  Kenneth  G.  Bell,  r.  and  d. 

Harry  A.  Merrill,  d. 
Rumney,  Jesse  A.  Barney,  r.  and  d. 
Thornton,  Kenneth  Robbins,  r. 
Warren,  Ira  H.  Morse,  r.  and  d. 
Wentworth,  Charles  A.  Gilbert,  d. 
Woodstock,  Harry  D.  Sawyer,  d.  and  r. 


COOS  COUNTY 


Berlin, 

Ward  1,  Peter  Collette,  d. 

Edward  F.  Hinchey,  d. 

Elisabeth  H.  Mason,  d.  andr. 

Henry  M.  Moffett,  d.  and  r. 

Henry  A.  Smith,  d. 
Ward  2,  Mark  E.  Evans,  d. 

Clara  A.  Lazure,  d. 

Ovila  Lemieux,  r. 

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

Marie  A.  Christiansen,  r. 

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

Alphonsine  M.  Efugas, 

d.  and  r. 

Rebecca  Gagnon,  d. 

Fred  G.  Hayes,  Jr.,  d. 


Carroll,  Joseph  A.  Seymour,  d. 
Colebrook,  Clark  Fuller,  r. 

Samuel  A.  Weeks,  r. 
Columbia,  Albion  Parkhurst,  r. 
Dalton,  William  O.  Emerson,  r. 
Gorham,  Charles  A.  Chandler,  d. 

James  A.  Eraser,  d. 
Jefferson,  Raymond  G.  Kimball,  r.  and  d. 
Lancaster,  Arthur  C.  Cryan,  r. 
Lula  J.  A.  Morris,  r. 
Milan,  Lloyd  E.  Fogg,  r.  and  d. 
Northumberland,  William  H.  Ashe,  Jr.,  d. 
Donald  W.  Marshall,  d. 
Pittsburg,  Frank  W.  Baldwin,  r. 
Stczvartstown,  George  M.  Weeks, 

r.  and  d. 
Stratford,  Ralph  M.  Hutchins,  d. 
Whitefield,  Carl  E.  Taylor,  r.  and  d. 


LAWS 

OF  THE 

STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1941 


CHAPTER  1. 


AN  ACT  RELATIVE  TO     THE    OATH    TO    BE    TAKEN    BY    ABSENTEE 

VOTERS. 

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

1.  Absent  Voting.  Amend  the  paragraph  relative  to  the 
form  of  oath  to  be  taken  by  an  absent  voter,  being  a  part  of 
paragraph  III  of  section  61  of  chapter  26  of  the  Public  Laws 
(commissioners'  report  paragraph  III,  section  61,  chapter  34) 
by  striking  out  the  words  "personally  known  to  me"  so  that 
said  paragraph  shall  read  as  follows:     Subscribed  and  sworn 

to  before  me  by  the  above  affiant  this day 

of ,    19 ,   in   the   city   or   town   of 

,  State  of ,  and  I 

hereby  certify  that  when  I  was  alone  with  the  affiant,  the 
affiant  in  my  presence  marked  the  ballot  without  my  seeing 
how  he  marked  it,  after  which  he  sealed  said  ballot  in  this 
envelope.  I  had  no  communication  with  the  affiant  as  to  how 
he  was  to  vote.     (Seal,  if  any) 

Name 

Official  Title  

Residence  

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

[Approved  February  11,  1941.] 


2  Chapters  2, 3  [1941 

CHAPTER  2. 

AN  ACT  RELATING  TO  ZONING. 

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

1.  Powers  of  Zoning  Board.  Amend  paragraph  V  of  sec- 
tion 60,  chapter  42  of  the  Pubhc  Laws  (paragraph  V  of 
section  60,  chapter  51  of  the  Revised  Laws,  commissioners' 
report)  by  striking  out  said  paragraph  V  and  inserting  in  its 
place  the  following:  V.  The  concurring  vote  of  three  mem- 
bers of  the  board  shall  be  necessary  to  reverse  any  action  of 
such  administrative  official,  or  to  decide  in  favor  of  the 
applicant  on  any  matter  upon  which  it  is  required  to  pass 
under  any  such  ordinance,  or  to  effect  any  variation  in  such 
ordinance. 

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

[Approved  February  11,  1941.] 


CHAPTER  3. 


AN  ACT  RELATIVE  TO  STATEMENTS  OF  COUNTY  COMMISSIONERS 
TO  THE  CONVENTION. 

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

1.  Date  for  Filing.  Amend  section  11  of  chapter  35  of  the 
Public  Laws,  as  amended  by  chapter  18  of  the  Laws  of  1931 
(section  13,  chapter  44,  commissioners'  report)  by  striking  out 
in  the  third  line  the  words  "fourth  Wednesday"  and  inserting 
in  place  thereof  the  words,  last  day  of  February,  so  that  said 
section  as  amended  shall  read  as  follows:  11.  Commission- 
ers' Statement.  The  county  commissioners  shall  send  to  the 
secretary  of  state,  prior  to  the  last  day  of  February  of  each 
biennial  session  of  the  legislature,  a  statement  of  the  condition 
of  the  county  treasury  on  the  preceding  December  thirty-first, 
accompanied  by  their  recommendation  of  the  sums  necessary 
to  be  raised  for  the  county  in  each  of  the  two  years  next  en- 
suing, stating  therein  in  detail  the  objects  for  which  the 
money  is  required ;  and  the  secretary  of  state  shall  deliver  the 
same  to  the  clerk  of  the  convention,  upon  request. 


1941]  Chapters  4, 5  3 

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

[Approved  February  20,  1941.] 


CHAPTER  4. 

AN  ACT  RELATIVE  TO  COMMITMENT  TO  THE  STATE  HOSPITAL. 

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

1.  Commitment  to  the  State  Hospital.  Amend  section  11 
of  chapter  11  of  the  Public  Laws,  as  amended  by  chapter  63, 
Laws  of  1935  (section  11,  chapter  17,  of  the  commissianers' 
report)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  11.  Authority  to  Cause  Commitment. 
Subject  to  the  provisions  of  section  18,  the  parent,  guardian 
or  friends  of  any  insane  person  or  the  board  of  selectmen  in 
towns  or  chief  of  police  or  his  deputy  in  cities  or  board  of 
county  commissioners  in  counties  may  cause  said  insane  per- 
son to  be  committed  to  the  hospital,  with  the  consent  of  the 
trustees,  and  there  supported  on  such  terms  as  they  may 
agree. 

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

[Approved  February  20,  1941.] 


CHAPTER  5. 


AN    ACT    RELATIVE    TO    TOWN    CONTRIBUTIONS    TO    SECONDARY 

HIGHWAYS.* 

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

1.  Secondary  Highway  System.  Amend  section  4  of 
chapter  67  of  the  Laws  of  1937  (section  38,  chapter  100,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  4.  Completion.  No  town 
through  which  highways  included  in  said  system,  designated 
as  2A  or  Orange  system,  pass  shall  receive  any  state  aid  for 
highway  improvements  except  on  said  highways  until  said  im- 


*See  also  chapter  40,  post. 


4  Chapter  6  [1941 

provements  thereon  shall  have  been  completed  within  such 
town.  Provided,  however,  that  towns  having  five  miles  or 
more  of  said  2A  road  still  to  build,  shall  be  exempt  from  the 
provisions  hereof;  and  such  towns  may  choose  either  town 
road  aid  or  state  aid  in  construction  or  both  at  their  option. 
The  provisions  of  section  18  of  chapter  84  of  the  Public  Laws, 
as  amended  by  section  3  of  chapter  17  of  the  Laws  of  1935 
are  suspended  so  far  as  they  conflict  with  the  provisions 
hereof. 

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

[Approved  February  26,  1941.] 


CHAPTER  6. 


AN    ACT    RELATING    TO    THE    INCORPORATION    AND    POWERS    OF 
INSURANCE  COMPANIES. 

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

1.  Purposes  for  Which  Companies  May  Insure.  Amend 
paragraph  I,  section  1  of  chapter  272  of  the  Public  Laws 
(commissioners'  report,  chapter  313,  section  1,  paragraph  I) 
as  amended  by  chapter  135  of  the  Laws  of  1931  and  chapter 
128  of  the  Laws  of  1937,  by  inserting  after  the  word 
"vehicles"  in  the  seventh  line  the  words  breakage  or  leakage 
of  water  pipes  or  other  conduits  or  containers  or  against  loss 
or  damage  by  water  entering  through  leaks  or  openings  in 
buildings;  so  that  said  paragraph  as  amended  shall  read  as 
follows:  L  On  property  and  rents  and  use  and  occupancy, 
against  loss  or  damage  by  fire,  smoke,  smoke  smudge,  and 
lightning  (whether  such  loss  or  damage  is  caused  by  burning 
or  otherwise) ;  against  loss  or  damage  by  earthquake,  hail, 
flood,  rain,  or  drouth,  rising  of  the  waters  of  the  ocean  or  its 
tributaries,  windstorm,  or  other  action  of  the  elements; 
against  loss  or  damage  from  insects,  diseases,  or  other  causes 
to  trees,  crops,  or  other  products  of  the  soil;  explosion  (other 
than  the  explosion  of  steam  boilers  or  flywheels) ;  riot,  strike, 
or  civil  commotion;  war,  sabotage,  bombardment,  invasion, 
military  or  usurped  power;  vandalism  or  malicious  mischief; 
impact  by  aircraft  or  vehicles;  breakage  or  leakage  of  water 
pipes   or   other   conduits   or   containers   or   against   loss   or 


1941]  Chapteks  7, 8  5 

damage  by  water  entering  through  leaks  or  openings  in  build- 
ings ;  breakage  or  leakage  of  apparatus  erected  for  extinguish- 
ing fires  and  on  such  apparatus  against  loss  or  damge  by- 
accidental  injury  and  against  liability  of  the  insured  for  loss 
or  damage  to  property  caused  thereby. 

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

[Approved  February  26,  1941.] 


CHAPTER  7. 


AN    ACT    DEFINING    THE    TERM    DISTRIBUTOR    UNDER    THE    PRO- 
VISIONS RELATIVE  TO  MILK  CONTROL. 

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

1.  Milk  Control  Act.  Amend  section  1  of  chapter  107  of 
the  Laws  of  1937  (commissioners'  report,  chapter  192)  by 
striking  out  the  definition  of  the  term  distributor  and  insert- 
ing in  place  thereof  the  following:  "Distributor,"  means  any 
person  who  produces  and  sells,  who  purchases  for  sale  or  sells, 
or  who  receives  on  consignment  for  sale,  more  than  two  quarts 
of  milk  daily  within  the  state  for  consumption,  disposition  or 
use  within  the  state,  except  those  who  sell  milk  for  con- 
sumption on  the  premises.  A  producer  who  delivers  or  sells 
milk  to  a  distributor  only  shall  not  be  deemed  a  distributor. 

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

[Approved  February  26,  1941.] 


CHAPTER  8. 


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. 

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, 
chapter  1,  Laws  of  1937,  and  chapter  38,  Laws   of   1939,  by 


6  Chapter  9  [1941 

striking  out  said  section  and  inserting  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  payment  of  loans  made  by  virtue  of  such 
certificates  shall  continue  for  the  term  of  ten  years  from  the 
date  of  the  passage  of  this  act,  but  all  other  provisions  of  this 
act  shall  remain  in  force  until  the  loans  authorized  by  this  act 
have  been  fully  paid. 

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

[Approved  February  26,  1941.] 


CHAPTER  9. 


AN    ACT    RELATIVE    TO    LABELING  COMMERCIAL  FEEDING-STUFFS, 
FOR  FARM  LIVE  STOCK. 

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

1.  Commercial  Foods.  Amend  section  1  of  chapter  184  of 
the  Public  Laws,  as  amended  by  chapter  72,  Laws  of  1929 
(section  1,  chapter  218,  commissioners'  report)  by  striking  out 
the  words  "the  minimum  percentage  only  of  carbohydrates" 
so  that  said  section  as  amended  shall  read  as  follows: 
1.  Labeling.  Every  person  who  shall  sell,  offer  or  expose  for 
sale  or  for  distribution  in  this  state  any  concentrated  com- 
mercial feeding-stuff  used  for  feeding  farm  live  stock  shall 
furnish  with  each  car  or  other  quantity  shipped  in  bulk,  and 
shall  affix  to  every  package  of  such  feeding-stuff,  in  a  con- 
spicuous place  on  the  outside  thereof,  a  plainly  printed  state- 
ment clearly  and  truly  certifying  the  number  of  net  pounds  in 
the  package  sold  or  offered  for  sale,  the  name  or  trademark 
under  which  the  article  is  sold,  the  name  of  the  manufacturer, 
shipper,  or  for  whom  the  product  is  manufactured,  the  place 
of  manufacture,  the  place  of  business,  and  a  chemical  analysis 
stating  the  minimum  percentages  only  which  it  contains  of 
crude  protein  (allowing  one  per  cent  of  nitrogen  to  equal  six 
and  one-fourth  per  cent  of  protein),  the  minimum  percentage 
only  of  crude  fat,  and  the  maximum  percentage  only  of  crude 
fibre,  each  constituent  to  be  determined  by  the  methods  pre- 
scribed by  the  association  of  official  agricultural  chemists,  and 
shall  state  in  bold  type  upon  the  container  or  a  tag  attached 


1941]  Chapters  10,  11  7 

thereto,  if  a  compounded  feed,  the  names  of  the  several  in- 
gredients therein  contained. 

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

[Approved  February  26,  1941.] 


CHAPTER  10. 

AN  ACT  RELATING  TO  TOWN  AUDITORS. 

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

1.  Town  Auditors.  Amend  section  26,  chapter  47  of  the 
Public  Laws  (section  26,  chapter  59,  commissioners'  report) 
by  striking  out  the  whole  section  and  inserting  in  place  there- 
of the  following:  26.  Choice;  Duties.  All  towns  may,  and 
all  towns  except  those  requesting  an  audit  by  the  municipal 
accounting  division  of  the  state  tax  commission  or  which  em- 
ploy a  certified  public  accountant  for  the  purpose,  shall  at  the 
annual  meeting  choose  one  or  more  auditors  who  shall  care- 
fully examine  the  accounts  of  the  selectmen,  town  treasurer, 
town  clerk,  clerk  or  other  person  acting  as  clerk  of  a  muni- 
cipal court,  collector  of  taxes  and  any  other  officer  or  agent 
handling  funds  of  a  town,  at  the  close  of  each  fiscal  year  and 
at  other  times  whenever  necessary,  and  report  to  the  town 
whether  the  same  are  correctly  cast  and  well  vouched. 

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

[Approved  February  27,  1941.] 


CHAPTER  11. 


AN   ACT    INCREASING     FEES     OF    TOWN     CLERKS     FOR   SERVICES 
RELATIVE  TO  VITAL  STATISTICS. 

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

1.  Town  Clerk.  Amend  section  11,  chapter  285,  Public 
Laws,  as  amended  by  chapter  61  of  the  Laws  of  1929  (section 
11,  chapter  328,  commissioners'  report)  by  striking  out  in 
the  fourth  line  the  word  "twenty-five"  and  inserting  in  place 


8  Chapter  12  [1941 

thereof  the  word,  fifty,  so  that  said  section  as  amended  shall 
read  as  follows:  11.  Fees.  The  town  shall  pay  the  follow- 
ing fees  for  services  required  by  this  chapter:  To  a  person 
who  makes  return  of  a  birth,  marriage  or  death,  twenty-five 
cents;  to  the  town  clerk  for  receiving,  recording  and  return- 
ing the  facts,  fifty  cents. 

2.  Change  in  Fees.  Amend  section  14  of  said  chapter  285 
(section  14  of  said  chapter  328)  by  striking  out  in  lines  one 
and  two  the  word  "twenty-five"  and  inserting  in  place  thereof 
the  word  fifty,  so  that  said  section  as  amended  shall  read  as 
follows:  14.  Unreported  Facts.  The  clerk  of  each  town 
shall  be  paid  fifty  cents  for  obtaining,  recording  and  returning 
the  facts  relating  to  each  birth,  marriage  or  death,  which  has 
not  been  officially  reported  to  him;  and  a  like  sum  for  obtain- 
ing and  properly  inserting  in  the  records  and  returns  the 
name  of  any  child  which  may  have  been  omitted  from  the 
official  return  of  a  birth  made  to  such  town. 

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

[Approved  February  27,  1941.] 


CHAPTER  12. 


AN  ACT  RELATING  TO  REPORTS  ON  THE  OPERATION  OF  COLD 
STORAGE  WAREHOUSES. 

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

1.  Repeal.    Section  5  of  chapter  138  of  the  Public  Laws, 

(section  5,  chapter  161,  commissioners'  report)  requiring 
quarterly  reports  from  cold  storage  licensees,  is  hereby  re- 
pealed. 

2.  Repeal.  Section  15  of  chapter  138  of  the  Public  Laws, 
(section  15,  chapter  161,  commissioners'  report)  requiring 
reports  on  extensions  of  period  of  storage  in  certain  cases  to 
be  included  in  the  biennial  report  of  the  state  board  of  health, 
is  hereby  repealed. 

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

[Approved  March  4,  1941.] 


1941]  Chapters  13,  14  9 

CHAPTER  13. 

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

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

1.  Insurance  Department.  Amend  section  22  of  chapter 
271  of  the  Public  Laws,  as  inserted  by  section  1  of  chapter  24, 
Laws  of  1939,  (section  24,  chapter  312,  commissioners'  report) 
by  striking  out  the  words  "of  insurance  companies  which 
have  been  filed  with"  in  the  third  line,  and  inserting  in  place 
thereof  the  word  in,  and  by  striking  out  the  word  **and"  in  the 
fourth  line,  so  that  said  section  as  amended  shall  read  as 
follows:  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  in  the  insurance  department 
which,  in  his  opinion,  are  no  longer  of  any  value  to  the  state. 

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

[Approved  March  4,  1941.] 


CHAPTER  14. 


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

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

1.  Salaries,  Justices  Municipal  Courts.  Amend  para- 
graph I,  section  32,  chapter  323  of  the  Public  Laws,  as  in- 
serted by  chapter  47  and  amended  by  chapter  154  of  the  Laws 
of  1933  and  chapter  87  of  the  Laws  of  1935  and  chapter  18  of 
the  Laws  of  1939  (section  31,  chapter  367,  commissioners'  re- 
port) by  adding  at  the  end  thereof  the  following:  In  Derry, 
six  hundred  dollars,  so  that  said  paragraph  as  amended  shall 
read  as  follows : 

I.    In  Manchester,  two  thousand  four  hundred  dollars; 
In  Nashua,  two  thousand  dollars; 
In  Concord,  one  thousand  eight  hundred  dollars; 
In  Portsmouth,  one  thousand  eight  hundred  dollars; 
In  Dover,  one  thousand  five  hundred  dollars ; 


10  Chapter  15  [1941 

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; 

In  Derry,  six  hundred  dollars. 

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

[Approved  March  4,  1942.] 


CHAPTER  15. 


AN    ACT    RELATIVE    TO    MANAGEMENT    OF    THE    STATE    PRISON 

INDUSTRIES. 

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

1.  Authority  of  Trustees  of  the  State  Prison.  Amend 
section  8  of  chapter  400  of  the  Public  Laws  (section  8, 
chapter  453,  commissioners'  report)  by  adding  at  the  end 
thereof  the  following  new  paragraph:  IX.  It  shall  be  the 
duty  of  the  warden  to  conduct  and  manage,  under  the  direct 
supervision  of  the  trustees  of  the  prison,  the  industries  at  the 
prison. 

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

[Approved  March  6,  1941.] 


1941]  Chapters  16,  17  11 

CHAPTER  16. 

AN  ACT  RELATING  TO  COST  OF  BRIEFS  IN  THE  SUPREME  COURT. 

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

1.  Amendment.  Amend  section  28,  chapter  315  of  the 
Public  Laws,  (section  25,  chapter  359,  commissioners'  report) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following  new  section:  28.  Briefs.  The  prevailing  party- 
shall  be  entitled  to  tax  and  recover  of  the  adverse  party  for 
the  preparation  and  printing  of  the  briefs  of  his  counsel,  the 
sum  of  ten  dollars  together  with  the  actual  cost  of  printing 
not  more  than  twenty-five  copies  of  the  briefs,  to  be  allowed 
by  said  court,  if  copies  thereof  have  been  furnished,  as  pro- 
vided in  section  11,  within  the  time  limited  by  rules  of  the 
court  or  any  special  order  made  in  the  case. 

2.  Takes  Effect.    This  act  shall  take  effect  April  1,  1941. 
[Approved  March  13,  1941.] 


CHAPTER  17. 

AN  ACT  FOR  RELIEF  ON  BANK'S  PETITION. 

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

1.  Inactive  Accounts  in  Savings  Banks.  Amend  chapter 
261  of  the  Public  Laws  by  inserting  after  section  41  (section 
26,  chapter  300,  commissioners'  report)  the  following  new 
section:  41-a.  Relief  on  Bank's  Petition.  Upon  petition  by 
or  in  behalf  of  any  savings  bank  desiring,  for  any  reason,  to 
pay  any  deposit  and  unable  to  locate  the  owner  thereof,  the 
superior  court  may,  upon  such  notice  to  the  bank  commis- 
sioner, the  attorney-general  and  other  interested  parties  as 
it  may  order,  and  upon  satisfactory  evidence  that  diligent 
effort  has  been  made  to  locate  such  owner,  decree  that  such 
deposit  shall  be  paid  into  the  state  treasury. 

2.  Payments  into  State  Treasury.  Amend  section  42  of 
chapter  261,  Public  Laws  (section  27,  chapter  300,  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  42.  Disposition.  The  state 
treasurer  shall  receive  and  receipt  for  all  deposits  paid  into 


12  Chapter  18  [1941 

the  treasury  under  any  decree  made  under  sections  41  or  41-a, 
and  shall  dispose  of  them  as  provided  for  the  disposition  of 
unclaimed  dividends  of  insolvent  institutions  by  chapter  268. 

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

[Approved  March  13,  1941.] 


CHAPTER  18. 

AN  ACT  RELATIVE  TO  REINSTATEMENT  OF  STATE  OFFICIALS  AND 

EMPLOYEES  WHO  ENTER  INTO  THE  MILITARY  OR  NAVAL 

SERVICE  OF  THE  UNITED  STATES  FOR  NATIONAL 

DEFENSE  IN  THE  PRESENT  EMERGENCY. 

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

1.  Reinstatement  of  Officials  and  Employees.  Any  state 
official  or  employee  who  is  ordered  into  or  enlists  in  the 
military  or  naval  service  of  the  United  States  in  connection 
with  the  strengthening  of  the  national  defense  in  the  present 
emergency  shall  at  the  completion  of  such  emergency  plus 
such  time  as  he  is  retained  in  the  service  under  the  terms  of 
the  National  Defense  Act,  provided  he  makes  application  for 
reinstatement  within  forty  days  after  he  is  relieved  from  such 
service,  be  reinstated  in  the  state  service  in  the  position  he 
held  at  the  time  of  entering  such  federal  service  with  the 
same  status  and  compensation,  or  to  a  position  of  like  status 
and  compensation.  If  during  the  absence  of  said  official  or 
employee  from  the  state  service  there  has  been  any  change  in 
the  status  or  compensation  of  the  position  which  he  formerly 
held  the  governor  and  council  shall  determine  to  what  position 
he  shall  be  assigned  and  they  may  make  rules  and  regulations 
to  effectuate  the  purposes  of  this  act. 

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

[Approved  March  13,  1941.] 


1941]  Chapters  19,  20  13 

CHAPTER  19. 

AN    ACT    RELATING    TO    SMOKING    IN    THE    WHITE    MOUNTAIN 
NATIONAL  FOREST. 

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

1.  White  Mountain  National  Forest.  Amend  section  40-a, 
chapter  191,  Public  Laws,  as  inserted  by  chapter  110,  Laws 
of  1939  (section  42,  chapter  225,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  40-a.  Trespass  and  Smoking-  Prohibited.  It 
shall  be  unlawful  for  any  person  to  enter  upon,  or  to  smoke 
upon,  lands  of  the  United  States  of  America  known  as  the 
White  Mountain  National  Forest,  as  now  or  hereafter  con- 
stituted, at  any  time  when  such  entry  or  smoking  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. 

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

[Approved  March  13,  1941.] 


CHAPTER  20. 

AN  ACT  RELATING  TO  THE  OFFICE  OF  ATTORNEY-GENERAL. 

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

1.  Salaries;  Expenses;  Offices.  Amend  section  4  of  chapter 
16  of  the  Public  Laws  (section  4,  chapter  24,  commissioners' 
report)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  4.  Salaries;  Expenses;  Offices.  The 
annual  salary  of  the  attorney-general  shall  be  six  thousand 
dollars  and  that  of  the  assistant  attorney-general  shall  be  four 
thousand  dollars.  They  shall,  in  addition,  be  paid  their 
reasonable  expenses  incurred  in  the  performance  of-  their 
duties,  to  be  audited  and  allowed  by  the  governor  and  council. 
Their  offices  shall  be  in  Concord,  and  the  reasonable  expenses 
thereof,  including  suitable  furniture,  equipment  and  supplies, 
shall  be  paid  by  the  state  upon  approval  by  the  governor  and 
council. 


14  Chapter  21  [1941 

2.  Repeal.  Section  6  of  chapter  16  of  the  Public  Laws 
(section  6,  chapter  24,  commissioners'  report)  relative  to  the 
right  of  the  attorney-general  to  engage  in  private  practice,  is 
hereby  repealed. 

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

[Approved  March  13,  1941.] 


CHAPTER  21. 

AN  ACT  RELATING  TO  INVESTMENT  OF  TRUST  FUNDS  OF  TOWNS. 

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

1.  Town  Trust  Funds.  Amend  section  22,  chapter  42, 
Public  Laws,  as  amended  by  chapter  100,  Laws  of  1929, 
chapter  46,  Laws  of  1933  and  section  11,  chapter  72,  Laws  of 
1939  (section  22,  chapter  51,  commissioners'  report)  by  add- 
ing after  the  word  "state"  in  the  eleventh  line  the  words,  and 
such  stocks  and  bonds  as  are  legal  for  investment  by  New 
Hampshire  savings  banks,  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  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,  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  such  stocks  and 
bonds  as  are  legal  for  investment  by  New  Hampshire  savings 
banks;  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. 

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

[Approved  March  18,  1941.] 


1941]  Chapter  22  15 

CHAPTER  22. 

AN    ACT    RELATIVE     TO     DISTRIBUTION     OF    SESSION     LAWS     TO 
LIBRARIES  OUTSIDE  OF  THE  STATE. 

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

1.  Free  Distribution.  Amend  section  10,  chapter  5, 
Public  Laws,  as  amended  by  section  3,  chapter  28,  Laws  of 
1931  (commissioners'  report,  section  11,  chapter  10)  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 10.  Distribution  of  Acts,  Resolves,  etc.  One  copy  of 
each  publication  provided  for  in  sections  2,  5,  6,  and  8  shall  be 
sent  by  the  department  responsible  for  its  issue,  free  of 
charge  except  as  hereinafter  provided,  to  each  of  the  follow- 
ing officers  and  bodies :  Governor,  each  member  of  the  coun- 
cil, each  department  and  institution  of  the  state,  the  justices 
and  clerks  of  the  supreme  and  superior  courts,  each  free 
public  library  established  under  the  laws  of  the  state,  the 
town  clerk  of  each  town,  the  library  of  Congress,  and  the  state 
or  territorial  library  of  each  state  and  territory  in  the  United 
States.  Provided,  that  in  case  any  state  or  territory  makes 
a  charge  to  the  New  Hampshire  state  library  for  copies  of  its 
laws  the  secretary  of  state  is  hereby  authorized  to  make  the 
proper  charge  for  copies  of  the  laws  of  New  Hampshire  when 
forwarded  to  the  state  or  territorial  library  of  such  state  or 
territory.  Said  departments  may  make  such  further  free  dis- 
tribution of  such  publications  as  they  may  deem  wise,  or  as 
the  governor  and  council  may  direct ;  provided  that  each  mem- 
ber of  the  legislature  shall  be  furnished  one  copy  of  the 
manual  and  of  the  session  laws  and  one  copy  of  each  depart- 
mental and  institutional  report  on  application. 

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

[Approved  March  18,  1941.] 


16  Chapters  23,  24  [1941 

CHAPTER  23. 

AN  ACT  RELATIVE  TO  THE  STATE  FOREST  RESERVATION  AND  PARK 
ESTABLISHED  IN  THE  TOWN  OF  PITTSBURG. 

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

1.  Name  Given.  The  state  forest  reservation  and  park 
established  in  the  town  of  Pittsburg  under  the  provisions  of 
chapter  92  of  the  Laws  of  1935  in  connection  with  the  gift  of 
land  to  the  state  from  the  New  Hampshire-Vermont  Lumber 
Company  and  the  construction  of  a  road  to  the  Canadian 
border  is  hereby  designated  and  named  The  George  D.  Roberts 
Park. 

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

[Approved  March  19,  1941.] 


CHAPTER  24. 


AN  ACT  TO  REGULATE  THE  PAYMENT  OF  DIVIDENDS  BY  GUARANTY 

SAVINGS  BANKS. 

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

1.  Guaranty  Savings  Banks.  Amend  chapter  261  of  the 
Pubhc  Laws  by  adding  after  section  25  (section  17,  chapter 
300,  commissioners'  report)  the  following  new  section:  26. 
Interest  Rates.  All  savings  banks  incorporated  and  doing 
business  upon  the  guaranty  system  shall,  subject  to  the  pro- 
visions of  section  19  of  this  chapter,  pay  such  rate  of  interest 
on  general  deposits  as  the  trustees  or  directors  thereof  may 
vote  from  time  to  time. 

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

[Approved  March  19,  1941.] 


1941]  Chapter  25  17 

CHAPTER  25. 

AN  ACT  RELATING  TO  BUILDING  AND  LOAN  ASSOCIATIONS. 

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

1.  Building  and  Loan  Associations.  Amend  chapter  266 
of  the  Pubhc  Laws  (chapter  305  of  the  commissioners'  report) 
by  inserting  after  section  9-b,  inserted  by  section  1,  chapter 
106,  Laws  of  1937,  the  following  new  sections :  9-c.  Limita- 
tion on  Loans.  Not  more  than  ten  thousand  dollars  shall  be 
loaned  on  the  security  of  a  first  lien  upon  any  property.  9-d. 
Applications  for  Mortgage  Loans.  No  mortgage  loan  shall  be 
made  except  upon  written  application  showing  the  date,  name 
of  applicant,  amount  asked  for  and  security  offered,  and  upon 
report  of  not  less  than  two  members  of  the  board  of  directors 
who  shall  certify  on  said  appHcation,  according  to  their  best 
judgment,  the  value  of  the  premises  to  be  mortgaged;  and 
such  application  shall  be  filed  and  preserved  with  all  other 
papers  relating  to  the  loan. 

2.  Borrowers  as  Members.  Amend  section  7  of  said 
chapter  266  (section  7,  chapter  305,  commissioners'  report) 
by  adding  at  the  end  thereof  the  words :  A  borrower  who  is 
not  a  shareholder  shall  be  a  member  and  shall  be  entitled  to 
vote  in  the  same  manner  as  a  shareholder,  so  that  said  section 
as  amended  shall  read  as  follows:  7.  Voting.  Each  share- 
holder shall  be  entitled  to  give  one  vote  upon  any  proposition 
brought  before  a  meeting  of  shareholders,  and  no  more;  and 
no  shareholder  shall  vote  by  proxy.  A  borrower  who  is  not 
a  shareholder  shall  be  a  member  and  shall  be  entitled  to  vote 
in  the  same  manner  as  a  shareholder. 

3.  Investment  Share  Certificates.  Amend  section  25  of 
chapter  266  of  the  Public  Laws  as  amended  by  section  2, 
chapter  82,  Laws  of  1935,  section  5,  chapter  106,  Laws  of 
1937,  and  section  7,  chapter  72,  Laws  of  1939  (section  33, 
chapter  305,  commissioners'  report)  by  striking  out  the  follow- 
ing: "The  amount  of  investment  share  certificates  which 
may  be  issued  shall  not  exceed  twenty  per  cent  of  other 
liabilities,"  so  that  said  section  as  amended  shall  read  as 
follows:  25.  Investment  Share  Certificates.  For  the  pur- 
pose 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 


18  Chapter  26  [1941 

annum  payable  semi-annually.  No  person  shall  hold  more 
than  two  thousand  dollars  in  these  share  certificates.  With- 
drawal of  investment  share  certificates  shall  be  subject  to  the 
same  provisions  as  apply  to  paid-up  share  certificates. 

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

[Approved  March  20,  1941.] 


CHAPTER  26. 


AN  ACT  RELATIVE   TO  EXPENDITURES   OF  STATE   AID   FOR  RURAL 
POST  ROADS  AND  CLASS  V  HIGHWAYS. 

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

1.  Rural  Post  Roads  and  Class  V  Highways.  Amend  sec- 
tion 26-c,  chapter  84,  Public  Laws,  as  inserted  by  section  9, 
chapter  17,  Laws  of  1935  (section  26,  chapter  100,  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  26-c.  Expenditures.  The  sum 
set  apart  by  a  city,  town,  or  unincorporated  place  under  the 
provisions  of  section  26-a,  together  with  the  amount 
apportioned  by  the  highway  commissioner  as  provided  by 
section  26,  shall  constitute  a  joint  fund  to  be  expended  for  the 
improvement  and  maintenance  of  rural  post  roads  and  class  V 
highways  under  the  supervision  of,  and  on  locations  approved 
by,  the  highway  commissioner.  Such  improvement  and 
maintenance  shall  be  under  the  direction  of  a  person  or  per- 
sons appointed  by  the  selectmen  of  a  town,  or  by  such  board 
as  has  jurisdiction  over  highway  expenditures  in  a  city,  sub- 
ject to  approval  by  the  highway  commissioner.  Not  more 
than  fifteen  hundred  dollars  shall  be  expended  for  each  mile 
of  road  improved  in  any  one  year  from  funds  provided  here- 
under, except  by  viritten  permission  of  the  commissioner. 

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

[Approved  March  20,  1941.] 


1941]  Chapter  27  19 

CHAPTER  27. 
AN  ACT  RELATIVE  TO  TAKING  LOBSTER  AND  CRABS. 

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

1.  Regulations  for  Taking  Crabs.  The  provisions  of  sec- 
tions 41  to  53,  inclusive,  of  chapter  201  of  the  Public  Laws, 
as  inserted  by  chapter  169,  Laws  of  1939  (sections  41  to  53, 
inclusive  of  chapter  236,  commissioners'  report)  and  as  here- 
inafter amended,  relative  to  taking  lobster,  shall  apply  to  the 
taking  of  crabs  in  any  manner  from  any  waters  under  the 
jurisdiction  of  the  state. 

2.  Taking  Crabs.  Amend  section  43  of  said  chapter  201 
(section  43  of  said  chapter  236)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  43.  Who  May 
Take  Lobsters  and  Crabs.  No  person  shall  take  lobsters  or 
crabs  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  and  has  not  during  that  time  claimed  a 
residence  in  any  other  state  for  any  purpose. 

3.  Search  and  Seizure.  Amend  section  52  of  said  chapter 
201  (section  52  of  said  chapter  236)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following :  52.  Search 
and  Seizure.  Any  conservation  officer  shall  have  power :  I.  To 
search  without  a  warrant  and  examine  any  person  or  any 
boat,  conveyance,  vehicle,  box,  bag,  locker,  traps,  crate  or 
other  receptacle  or  container,  for  lobsters  or  crabs,  when  he 
has  reasonable  cause  to  believe  that  lobsters  or  crabs  taken 
contrary  to  the  provisions  hereof  are  concealed  thereon  or 
therein.  II.  To  secure  and  execute  search  warrants  and  in 
pursuance  thereof  to  enter  any  building,  enclosure,  vehicle, 
or  car  and  to  break  open  any  apartment,  chest,  locker,  box, 
trunk,  crate,  basket,  bag,  package  or  container  and  to  ex- 
amine the  contents  thereof.  III.  To  seize  and  take  posses- 
sion of  any  lobsters  or  crabs  which  have  been  caught,  taken 
or  killed  or  had  in  possession  or  under  control  or  which  have 
been  shipped  or  are  about  to  be  shipped  at  any  time,  in  any 
manner,  or  for  any  purpose,  contrary  to  the  laws  of  this  state. 
IV.  To  seize  all  pots,  traps,  cars  or  other  receptacles  or  con- 
tainers or  contrivances,  except  boats,  used  in  violation  of  any 


20  Chapter  28  [1941 

law,  rule  or  regulation  relating  to  lobsters  or  crabs,  when 
making  an  arrest,  or  found  in  the  execution  of  a  search 
warrant,  and  hold  the  same  until  the  fine  and  costs  imposed 
for  such  violation  have  been  paid  in  full,  or  in  the  event  that 
the  owner  cannot  be  apprehended  such  receptacles,  containers 
or  contrivances  may  be  sold  to  pay  the  costs. 

4.  Prohibition.  Amend  chapter  201  of  the  Public  Laws, 
as  amended  by  chapters  169  and  194  of  the  Laws  of  1939 
(said  chapter  236  of  the  commissioners'  report)  by  adding 
after  section  49  the  following  new  section :  50.  Prohibition. 
If  a  conservation  officer  shall  inform  a  person  that  his  boat 
and  its  contents  are  about  to  be  inspected  it  shall  be  unlawful 
for  said  person  to  throw  overboard  or  destroy  any  pot,  trap, 
car,  contrivance,  bag,  box  or  other  receptacle  used  for  storing 
or  catching  lobsters  or  crabs,  or  the  contents  thereof,  prior 
to  such  inspection.  Any  person  violating  the  provisions  of 
this  section  shall  be  fined  not  exceeding  one  hundred  dollars 
or  imprisoned  for  not  exceeding  sixty  days  or  both,  and  the 
director,  in  his  discretion,  after  hearing,  may  suspend  the 
license  of  such  person  to  take  lobsters  and  crabs,  for  such 
time  as  the  director  may  determine. 

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

[Approved  March  25,  1941.] 


CHAPTER  28. 

AN  ACT  RELATIVE  TO  HUNTING  ON  SUNDAY. 

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

1.  Sunday  Observance.  Section  4,  chapter  385  of  the 
Public  Laws  (section  4,  chapter  438,  commissioners'  report) 
relative  to  use  of  firearms  on  Sunday,  is  hereby  repealed. 

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

[Approved  March  25,  1941.] 


1941]  Chapters  29,  30  21 

CHAPTER  29. 

AN  ACT   PROHIBITING  THE   JACKING   OF   WILD   BIRDS  AND  WILD 

ANIMALS. 

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

1.  Prohibition.  Amend  section  5  of  chapter  198  of  the 
Public  Laws,  as  inserted  by  section  2,  chapter  124,  Laws  of 
1935  (section  5,  chapter  233,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  5.  Possession  of  Jacks,  etc.  No  person  shall 
have  in  his  possession  any  jack  or  artificial  light,  swivel,  pivot 
or  set  gun  while  hunting  wild  birds  or  wild  animals,  including 
unprotected  birds  and  wild  animals  on  which  a  bounty  may  be 
paid.  Any  person  convicted  of  illegal  night  hunting  shall  for- 
feit such  firearms,  jacks,  or  any  other  equipment  used  or 
usable  in  the  illegal  night  hunting  at  the  time  of  such  viola- 
tion, including  any  vehicle  in  which  the  same  is  being  trans- 
ported. Nothing  herein  contained  shall  be  construed  to 
prohibit  the  use  of  lights  for  hunting  raccoon  as  permitted  in 
section  3,  chapter  200  of  the  Public  Laws. 

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

[Approved  March  25,  1941.] 


CHAPTER  30. 

AN  ACT  RELATING  TO  INVESTMENTS  OF  SAVINGS  BANKS. 

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

1.  Legal  Investments  for  Savings  Banks.  Amend  para- 
graph XVII  of  section  12  of  chapter  262  of  the  Public  Laws 
(paragraph  XVI,  section  12,  chapter  301,  commissioners'  re- 
port) by  adding  after  the  words  "New  York"  in  the  third  line 
the  following:  the  stock  of  any  national  bank  or  trust  com- 
pany in  the  United  States,  being  a  member  of  the  federal  re- 
serve system,  located  in  a  city  having  a  population  of  five 
hundred  thousand  or  more,  whose  capital  stock,  surplus  and 
undivided  profits  shall  total  at  least  fifteen  million  dollars  and 
whose  surplus  and  undivided  profits  are  at  least  equal  to  fifty 


22  Chapter  31  [1941 

per  cent  of  its  capital  stock,  and  which  has  paid  dividends  in 
cash  in  each  of  the  last  four  of  its  fiscal  years  on  its  capital 
stock  at  the  rate  of  at  least  four  per  cent  on  the  par  or  stated 
value  of  the  shares,  so  that  said  section  as  amended  shall  read 
as  follows:  XVII.  Other  Banks,  etc.  The  stock  of  any 
national  bank  or  trust  company  located  in  the  New  England 
states  outside  of  New  Hampshire,  or  in  the  state  of  New 
York ;  the  stock  of  any  national  bank  or  trust  company  in  the 
United  States,  being  a  member  of  the  federal  reserve  system, 
located  in  a  city  having  a  population  of  five  hundred  thousand 
or  more,  whose  capital  stock,  surplus  and  undivided  profits 
shall  total  at  least  fifteen  million  dollars  and  whose  surplus 
and  undivided  profits  are  at  least  equal  to  fifty  per  cent  of  its 
capital  stock,  and  which  has  paid  dividends  in  cash  in  each 
of  the  last  four  of  its  fiscal  years  on  its  capital  stock  at  the 
rate  of  at  least  four  per  cent  on  the  par  or  stated  value  of  the 
shares;  but  not  exceeding  ten  per  cent  of  the  deposits  of  a 
savings  bank  shall  be  invested  in  such  stock.  The  amount  of 
such  stock  which  may  be  held  by  any  savings  bank  as  an  in- 
vestment and  as  collateral  security  for  loans  shall  not  exceed 
ten  per  cent  of  the  total  capital  stock  of  such  national  bank 
or  trust  company. 

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

[Approved  March  25,  1941.] 


CHAPTER  31. 

AN  ACT  RELATING  TO  DEPARTMENTAL  EXPENDITURES. 

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

1.     Mileage  Expenditures  of  Heads  of  State  Departments. 

Amend  section  11  of  chapter  19  of  the  Public  Laws  as 
amended  by  chapter  131  of  the  Laws  of  1927  (section  17, 
chapter  27,  commissioners'  report)  by  striking  out  the  words 
in  the  last  sentence  thereof  "except  upon  regulation  issued  by 
the  governor,  with  the  advice  of  the  council"  so  that  said 
section  as  amended  shall  read  as  follows :  11.  Departmental 
Expenditures.  The  expenditure  of  any  moneys  appropriated 
or  otherwise  provided  to  carry  on  the  work  of  any  department 
of  the  state  government  shall  be  subject  to  the  approval  of 


1941]  Chapter  32  23 

the  governor,  with  the  advice  of  the  council,  under  such 
general  regulations  as  the  governor  and  council  may  pre- 
scribe with  reference  to  all  or  any  of  such  departments,  for 
the  purpose  of  securing  the  prudent  and  economical  expendi- 
tures of  the  moneys  appropriated.  Heads  of  departments, 
assistants  and  employees  thereof  shall  not  be  allowed  as  ex- 
penses travel  between  their  places  of  residence  and  their  de- 
partment offices,  nor  shall  they  be  allowed  board  or  lodging 
while  in  the  place  in  which  their  offices  are  located. 

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

[Approved  March  26,  1941.] 


CHAPTER  32. 


AN  ACT  RELATIVE  TO  THE   PURCHASE   OF   MILK  FOR  RESALE   OR 

MANUFACTXJRE. 

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

1.  Purchase  of  Milk  for  Resale  or  Manufacture.  Amend 
section  1  of  chapter  164  of  the  Public  Laws,  as  amended  by 
chapter  4  of  the  Laws  of  1931  (commissioners'  report,  chapter 
191,  section  1)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following :  1.  License.  Every  person  who 
purchases  milk  or  cream  within  this  state,  to  be  either  resold 
as  milk  or  cream,  or  manufactured  into  other  dairy  products, 
shall  first  obtain  a  license  and  give  security  in  accordance  with 
sections  4  and  5 ;  provided  that  no  resident  person,  association 
or  corporation,  making  such  purchases  and  sales,  shall  be  re- 
quired to  obtain  a  license  as  long  as  payment  for  such  pur- 
chases is  made  on  or  before  the  tenth  day  of  each  calendar 
month  for  milk  and  cream  purchased  and  delivered  during  the 
first  half  of  the  previous  month  and  on  or  before  the  twenty- 
fifth  day  of  each  calendar  month  for  milk  and  cream  pur- 
chased and  delivered  during  the  last  half  of  the  previous 
month;  and  provided  further  that  the  provisions  of  this  sec- 
tion shall  not  apply  to  persons  making  such  purchases  from 
less  than  two  producers  within  this  state. 

2.  Commissioner  of  Agriculture.  Amend  section  4  of  said 
chapter  164  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :     4.     Issue  of  License.     Upon  the  filing 


24  Chapter  32  [1941 

of  the  statement  required  by  section  2  hereof,  power  of 
attorney,  if  any  is  required,  the  depositing-  of  bond,  mortgage 
or  other  security  and  the  payment  of  a  license  fee  of  five 
dollars  the  commissioner  of  agriculture  shall  license  such 
applicant  to  make  such  purchases  within  the  state  until  the 
first  day  of  the  next  April  if  the  applicant  shall  be  found  by 
the  commissioner  to  have  sufficient  real  estate  within  the 
state  or  shall  have  filed  sufficient  other  security,  for  the  pro- 
tection of  those  from  whom  such  applicant  purchases  the 
aforesaid  products.  Annually  thereafter  on  April  first  such 
license  may  upon  application  be  renewed  upon  payment  of  a 
like  fee  and  filing  of  such  bond,  mortgage  or  other  security  as 
the  commissioner  deems  necessary. 

3.  Bond.  Amend  section  5  of  said  chapter  164  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 5.  Security.  Any  applicant  not  having  sufficient  real 
estate  shall  be  permitted  to  furnish  security  by  a  bond  signed 
by  such  applicant  and  some  surety  company  authorized  to  do 
business  in  the  state  or  such  other  security  as  the  commis- 
sioner of  agriculture  may  approve,  in  such  sum  and  upon  such 
conditions  as  the  commissioner  may  require. 

4.  Amendment.  Amend  said  chapter  164  (commissioners' 
report,  chapter  191)  by  striking  out  all  of  said  chapter  after 
section  9  and  inserting  in  place  thereof  the  following: 
10.  Forfeiture  of  Security.  If  such  licensee  for  the  space  of 
fifteen  days  after  the  date  upon  which  the  payment  of  the 
several  amounts  due  his  vendors  becomes  due,  shall  without 
the  consent  of  such  creditor,  fail  to  pay  the  amount  due  for 
milk  or  cream  delivered  or  furnished  by  such  creditor  such 
licensee  shall  by  reason  of  such  nonpayment  be  in  default  as 
to  all  patrons  whose  accounts  shall  then  remain  unpaid,  and 
the  bond  or  other  security  hereinbefore  provided  for  shall  be 
forfeited  to  the  extent  of  all  sums  then  due  from  such  licensee 
to  his  several  patrons  in  this  state  and  by  virtue  of  such  de- 
fault the  conditions  of  such  bond  or  other  securities  shall  be 
deemed  to  be  broken.  11.  Commissioner  to  be  Trustee.  All 
bonds,  mortgages  or  other  securities  required  and  furnished 
under  the  provisions  hereof  shall  be  given  to  the  commissioner 
as  trustee  of  the  person  furnishing  the  same,  for  each  and  all 
of  the  patrons  in  this  state  and  shall  be  conditioned  for  the 
faithful  performance  of  such  person  of  all  the  acts  prescribed 
for,  and  all  the  conditions  imposed  upon,  such  person  by  this 


1941]  Chapter  32  25 

act.  12.  Proceedings  for  Recovery.  Upon  breach  of  the 
condition  of  a  bond,  mortgage  or  other  security  the  commis- 
sioner may  upon  apphcation  by  a  patron  of  a  person  whose 
account  for  products  furnished  such  person  remains  unpaid 
as  hereinbefore  provided,  institute  appropriate  proceedings 
thereon  in  his  name  as  trustee  for  the  benefit  of  all  of  the 
patrons  of  such  person  in  this  state  to  whom  such  person  may 
be  indebted  at  the  time  such  proceedings  shall  be  instituted. 
Such  proceedings  may  be  commenced  in  any  county  in  this 
state  where  a  patron  of  such  person  resides.  13.  Service. 
Whenever  suit  is  instituted  upon  any  such  bond,  service  shall 
be  made  upon  the  secretary  of  state,  as  the  resident  agent  of 
nonresident  and  bonded  resident  licensees  and  there  shall  be 
given  to  him,  by  the  sheriff  serving  the  same,  an  extra  copy 
of  the  writ  or  document  served,  together  with  twenty-five 
cents  for  filing  and  docketing  the  same.  14.  Suspension  of 
License.  Upon  breach  of  the  condition  of  a  bond,  mortgage 
or  other  security,  as  provided  in  section  12,  the  commissioner 
of  agriculture  may  suspend  the  license  of  such  licensee  for 
such  time  as  he  may  deem  necessary.  15.  Penalty.  Who- 
ever makes  a  false  statement  to  secure  a  license,  purchases 
milk  or  cream  within  this  state  in  violation  of  the  provisions 
hereof,  or  having  obtained  a  license  shall  continue  to  do  such 
business  after  being  notified  by  the  commissioner  that  such 
license  has  been  suspended,  and  before  permission  to  resume 
such  business  has  been  granted,  shall  be  fined  not  more  than 
five  hundred  dollars,  or  imprisoned  not  more  than  one  year, 
or  both.  Municipal  courts  shall  have  concurrent  jurisdiction 
with  superior  court  of  prosecutions  hereunder. 

5.  Repeal.  Section  5-a  of  said  chapter  164  (commission- 
ers' report,  chapter  191,  section  6)  relative  to  waiver  of  bond 
is  hereby  repealed. 

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

[Approved  March  27,  1941.] 


26  Chapters  33,  34  [1941 

CHAPTER  33. 

AN  ACT  RELATIVE  TO  TAXATION  OF  POULTRY. 

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

1.  Taxation  of  Poultry.  Amend  paragraph  VII  of  sec- 
tion 14  of  chapter  60  of  the  PubHc  Laws  (paragraph  VII, 
section  15,  chapter  73  of  the  commissioners'  report)  by  strik- 
ing out  the  word  "two"  in  the  first  line  and  inserting  in  place 
thereof  the  word  four,  so  that  said  paragraph  as  amended 
shall  read  as  follows :  VII.  Poultry.  Poultry  of  every  de- 
scription over  four  months  old  in  excess  of  the  aggregate 
value  of  fifty  dollars. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  April  1, 
1941. 

[Approved  March  27,  1941.] 


CHAPTER  34. 

AN  ACT  RELATING  TO  INTRA-STATE  FRESH  PURSUIT  OF  CRIMINALS. 

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

1.  Authority  Granted  to  Make  Arrest.  Any  peace  officer 
of  this  state  or  other  person  authorized  to  make  arrests  in  a 
criminal  case  in  this  state,  in  fresh  pursuit  of  a  person  who 
is  reasonably  believed  by  him  to  have  committed  a  felony  in 
this  state  or  has  committed,  or  attempted  to  commit,  any 
criminal  offense  in  this  state  in  the  presence  of  such  officer, 
or  for  whom  such  officer  holds  a  warrant  of  arrest  for  a 
criminal  offense,  shall  have  the  authority  to  arrest  and  hold  in 
custody  such  person  anywhere  in  this  state. 

2.  Court  Hearing.  If  such  an  arrest  is  made  in  obedience 
to  a  warrant,  the  disposition  of  the  prisoner  shall  be  as  in 
other  cases  of  arrest  under  a  warrant ;  if  the  arrest  is  without 
a  warrant,  the  prisoner  shall  without  unnecessary  delay  be 
taken  before  a  municipal  court  or  a  justice  of  the  peace  or 
other  magistrate  of  the  county  wherein  such  an  arrest  was 
made,  and  such  court  shall  admit  such  person  to  bail,  if  the 
offense  is  bailable,  by  taking  security  by  way  of  recognizance 


1941]  Chapter  35  27 

of  the  appearance  of  such  prisoner  before  the  court  having 
jurisdiction  of  such  criminal  offense. 

3.  What  Constitutes  Fresh  Pursuit.  The  term  "fresh 
pursuit"  as  used  in  this  act  shall  include  fresh  pursuit  as  de- 
fined by  the  common  law  and  also  the  pursuit  of  a  person  who 
has  committed  a  felony  or  is  reasonably  suspected  of  having 
committed  a  felony  in  this  state,  or  who  has  committed  or 
attempted  to  commit  any  criminal  offense  in  this  state  in  the 
presence  of  the  arresting  officer  referred  to  in  section  1  of 
this  act  or  for  whom  such  officer  holds  a  warrant  of  arrest 
for  a  criminal  offense.  It  shall  also  include  the  pursuit  of  a 
person  suspected  of  having  committed  a  supposed  felony  in 
this  state,  though  no  felony  has  actually  been  committed,  if 
there  is  reasonable  ground  for  so  believing.  Fresh  pursuit 
as  used  herein  shall  not  necessarily  imply  instant  pursuit,  but 
pursuit  without  unreasonable  delay. 

4.  Limitation.  Section  1  of  this  act  shall  not  make  un- 
lawful an  arrest  which  would  otherwise  be  lawful. 

5.  Short  Title.  This  act  may  be  cited  as  the  "Uniform  Act 
on  Intra-State  Fresh  Pursuit." 

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

[Approved  March  27,  1941.] 


CHAPTER  35. 


AN    ACT    RELATIVE    TO    OPERATION    OF    TRAFFIC    DEVICES    AND 
SIGNALS  IN  CITIES  AND  TOWNS. 

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

1.  Powers  of  City  Councils.  Amend  paragraph  Vll-a  of 
section  12  of  chapter  54  of  the  Public  Laws,  as  inserted  by 
section  2,  chapter  117,  Laws  of  1935  (commissioners'  report, 
paragraph  VIII,  section  12,  chapter  66)  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following: 
Vll-a.  Traffic  Devices  and  Signals.  To  make  special 
regulations  as  to  the  use  of  vehicles  upon  particular  high- 
ways, except  as  to  speed,  and  to  exclude  such  vehicles 
altogether  from  certain  ways;  to  establish  stop  intersections, 
erect,  and  provide  for  the  control  of  traffic  by,  stop  signs  or 
other  traffic  devices  or  signals  which  shall  conform  to  stand- 


28  Chapter  36  [1941 

ards  set  by  the  highway  commissioner  and  shall  be  approved 
by  him  as  to  type,  size,  installation  and  method  of  operation. 

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

[Approved  March  27,  1941.] 


CHAPTER  36. 


AN  ACT  PROVIDING  FOR  A  FISCAL   AGENT  FOR  THE   COUNTY   OF 

COOS. 

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

1.  Fiscal  Agent.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  is  hereby  authorized  to  appoint  a  fiscal 
agent  for  the  county  of  Coos.  He  shall  serve  during  the 
pleasure  of  the  governor  and  council  and  shall  have  the 
powers  and  duties  set  forth  in  this  act,  provided,  however, 
that  such  powers  shall  not  extend  to  expenditures  now  sub- 
ject to  the  approval  of  the  superior  court  under  general  law. 

2.  Qualifications;  Salary;  Bond.  The  fiscal  agent  shall  be 
a  citizen  of  the  state  of  New  Hampshire.  Before  entering 
upon  his  duties  he  shall  give  such  bond  in  the  penal  sum  of 
ten  thousand  dollars  as  the  governor  and  council  shall 
approve.  He  shall  be  paid  such  salary,  not  exceeding  thirty- 
five  hundred  dollars  per  annum,  as  the  governor  and  council 
shall  prescribe  and,  in  addition,  shall  be  allowed  his  necessary 
traveling  expenses  while  engaged  in  official  business,  provided, 
however,  that  he  resides  in  Coos  county  during  his  term  of 
office.  His  salary  and  expenses  shall  be  paid  by  the  county  of 
Coos. 

3.  Powers  and  Duties.  The  fiscal  agent  shall  supervise 
and  direct  the  incurring  of  obligations  against  and  the  ex- 
penditure of  all  funds  which  may  be  raised  and  appropriated 
for  the  benefit  of  said  county.  No  obligation  of  said  county 
shall  be  incurred  by  an  officer  thereof  and  no  funds  of  said 
county  shall  be  expended  without  the  approval  of  said  fiscal 
agent.  He  shall  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.    The  fiscal  agent  shall  have  all  powers  and  duties 


1941]  Chapter  36  29 

of  the  county  commissioners  of  Coos  county  and  he,  with  the 
approval  of  the  superior  court  (a)  may  borrow  such  sums  as 
shall  be  deemed  necessary  to  meet  the  demands  upon  the 
county  treasury  and  give  the  note  of  the  county  therefor, 
provided,  however,  that  if  the  sum  borrowed  under  the  pro- 
visions hereof,  when  added  to  the  taxes  of  the  same  fiscal 
year  that  shall  have  been  collected,  shall  be  in  excess  of  one 
hundred  and  ten  per  cent  of  the  total  appropriations  made  for 
such  year  by  the  county  convention,  the  authorization  of  the 
county  convention,  in  addition  to  the  approval  of  the  superior 
court,  shall  be  required  for  such  excess  borrowings;  (b)  may 
borrow  from  time  to  time  such  sums  as  he  shall  deem 
necessary  for  the  purpose  of  refunding  existing  notes  and 
issue  in  place  thereof  serial  notes  payable  within  seven  years 
from  their  respective  dates  of  issue.  All  notes  issued  under 
the  provisions  of  this  act  shall  be  signed  by  the  fiscal  agent 
and  countersigned  by  the  county  treasurer.  The  clerk  of  the 
superior  court  for  the  county  of  Coos  shall  attest  and  record 
all  such  notes. 

4.  Reports.  The  fiscal  agent  shall  submit  a  quarterly  re- 
port in  writing  to  the  chairman  of  the  county  convention  and 
to  each  member  of  the  delegation  covering  all  financial  trans- 
actions including  an  itemized  account  of  all  personal  expenses 
for  the  preceding  quarter. 

5.  County  Commissioners.  The  fiscal  agent  shall  use  the 
services  of  the  county  commissioners  so  far  as  it  shall  be 
practicable  and  advisable  in  the  carrying  on  of  the  affairs  of 
the  county.  No  moneys,  however,  shall  be  paid  out  except  on 
the  warrant  or  order  of  the  fiscal  agent. 

6.  Inconsistent  Laws.  All  powers  and  duties  of  county 
commissioners  and  county  treasurers  granted  and  imposed  by 
any  other  acts  or  parts  of  acts  which  are  inconsistent  with 
the  provisions  of  this  act  are  made  inoperative  so  far  as  they 
apply  to  the  county  commissioners  and  the  county  treasurer 
of  the  county  of  Coos. 

7.  Takes  Effect;  Referendum.  This  act  shall  be  effective 
from  April  1,  1941  to  April  1,  1943,  provided  that  said  fiscal 
agent  may  be  appointed  upon  the  passage  of  this  act.  The 
secretary  of  state  is  hereby  directed  to  insert  on  the  official 
ballots  for  the  city  and  towns  in  Coos  county,  at  the  election 
in  November,  1942,  the  following  question:  "Do  you  approve 
of  having  the  legislature  extend  the  provisions  of  law  relative 


30  Chapter  37  [1941 

to  a  fiscal  agent  for  the  county  of  Coos  ?"  The  clerks  of  said 
city  and  towns  are  hereby  directed  to  forward  to  the  secre- 
tary of  state  within  two  days  after  said  election  the  result  of 
the  vote  on  the  above  question  in  their  respective  towns  or 
city.  The  secretary  of  state  shall  canvass  the  votes  as  re- 
turned to  him  and  shall  report  to  the  legislature  of  1943  the 
result  of  the  voting  on  said  question. 
[Approved  March  27,  1941.] 


CHAPTER  37. 


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

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,  $118.17 

Atkinson,  seventy-eight  cents  $0.78 

Auburn,  one  dollar  and  nineteen  cents 1.19 

Brentwood,  seventy-three  cents   .73 

Candia,  one  dollar  and  nineteen  cents 1.19 

Chester,  one  dollar  and  twenty-five  cents 1.25 

Danville,  fifty-five  cents  .55 

Deerfield,  one  dollar 1.00 

Derry,  nine  dollars  and  three  cents 9.03 

East  Kingston,  fifty-eight  cents .58 

Epping,  one  dollar  and  sixty  cents 1.60 

Exeter,  thirteen  dollars  and  twenty-five  cents 13.25 

Fremont,  ninety-four  cents  .94 

Greenland,  ninety-six  cents   .96 

Hampstead,  one  dollar  and  thirty  cents 1.30 

Hampton,  nine  dollars  and  eighty-four  cents 9.84 

Hampton  Falls,  one  dollar  and  thirty-three  cents  ...  1.33 

Kensington,  sixty-six  cents   .66 

Kingston,  one  dollar  and  thirty-eight  cents 1.38 

Londonderry,  one  dollar  and  seventy-eight  cents  ...  1.78 


1941]                                Chapter  37  31 

New  Castle,  one  dollar  and  forty-seven  cents $1.47 

Newfields,  sixty-seven  cents    .67 

Newington,  eighty  cents .80 

Newmarket,  two  dollars  and  sixty-four  cents 2.64 

Newton,  one  dollar  and  seven  cents 1.07 

North  Hampton,  three  dollars  and  forty-seven  cents  3.47 

North  wood,  one  dollar  and  thirty-eight  cents 1.38 

Nottingham,  ninety  cents .90 

Plaistow,  one  dollar  and  seventy-four  cents 1.74 

Portsmouth,  thirty-seven  dollars  and  twelve  cents . .  37.12 

Raymond,  one  dollar  and  eighty-four  cents 1.84 

Rye,  five  dollars  and  nine  cents 5.09 

Salem,  five  dollars  and  thirty-nine  cents 5.39 

Sandown,  thirty-seven  cents  .37 

Seabrook,  one  dollar  and  fifty-six  cents 1.56 

South  Hampton,  forty-four  cents .44 

Stratham,  one  dollar  and  thirteen  cents 1.13 

Windham,  one  dollar  and  seventy-five  cents   1.75 

Strafford  County,  $72.48 

Barrington,  one  dollar  and  twenty  cents $1.20 

Dover,  twenty-seven  dollars  and  nineteen  cents  ....  27.19 

Durham,  three  dollars  and  sixty-eight  cents 3.68 

Farmington,  three  dollars  and  eighty-one  cents  ....  3.81 

Lee,  seventy-six  cents .76 

Madbury,  sixty-six  cents   .66 

Middleton,  twenty  cents  .20 

Milton,  two  dollars  and  seventy-two  cents 2.72 

New  Durham,  sixty-nine  cents  .69 

Rochester,  nineteen  dollars  and  eighty  cents 19.80 

Rollinsford,  two  dollars  and  two  cents  2.02 

Somersworth,  eight  dollars  and  sixty-two  cents  ....  8.62 

Strafford,  one  dollar  and  thirteen  cents 1.13 

Belknap  County,  $51.49 

Alton,  three  dollars  and  thirty-seven  cents $3.37 

Barnstead,  one  dollar  and  thirteen  cents 1.13 

Belmont,  one  dollar  and  sixty-nine  cents 1.69 

Center  Harbor,  one  dollar  and  thirty-three  cents ...  1.33 

Gilford,  two  dollars  and  eighty-five  cents 2.85 

Gilmanton,  one  dollar  and  twenty-four  cents 1.24 

Laconia,  twenty-six  dollars  and  thirty-five  cents .  . .  26.35 


32                                    Chapter  37  [1941 

Meredith,  five  dollars  and  twenty-four  cents $5.24 

New  Hampton,  two  dollars  and  sixty  cents 2.60 

Sanbornton,  one  dollar  and  thirty-nine  cents 1.39 

Tilton,  four  dollars  and  thirty  cents 4.30 

CarroU  County,  $34.31 

Albany,  thirty-one  cents $0.31 

Bartlett,  one  dollar  and  seventy-three  cents 1.73 

Brookfield,  forty-four  cents  .44 

Chatham,  thirty-one  cents .31 

Conway,  five  dollars  and  eighty-four  cents 5.84 

Eaton,  thirty-eight  cents  .38 

Effingham,  sixty-four  cents  .64 

Freedom,  ninety-eight  cents  .98 

Hart's  Location,  ten  cents .10 

Jackson,  one  dollar  and  twenty-two  cents 1.22 

Madison,  one  dollar  and  thirteen  cents 1.13 

Moultonborough,  three  dollars  and  thirty  cents  ....  3.30 

Ossipee,  two  dollars  and  forty-nine  cents 2.49 

Sandwich,  two  dollars  and  twenty-seven  cents 2.27 

Tamworth,  two  dollars  and  forty-seven  cents 2.47 

Tuftonboro,  two  dollars  and  twenty-five  cents 2.25 

Wakefield,  two  dollars  and  thirty-nine  cents 2.39 

Wolfeboro,  six  dollars  and  six  cents 6.06 

Merrimack  County,  $127.92 

Allenstown,  two  dollars  and  thirty  cents $2.30 

Andover,  two  dollars  and  thirty-nine  cents 2.39 

Boscawen,  two  dollars  and  forty-three  cents 2.43 

Bow,  two  dollars  and  forty-eight  cents 2.48 

Bradford,  one  dollar  and  forty-eight  cents 1.48 

Canterbury,  one  dollar  and  four  cents 1.04 

Chichester,  eighty-six  cents .86 

Concord,  sixty-seven  dollars  and  thirty-four  cents.  .  67.34 

Danbury,  seventy-three  cents  .73 

Dunbarton,  ninety-one  cents  .91 

Epsom,  one  dollar  and  thirty-seven  cents 1.37 

Franklin,  twelve  dollars  and  ninety-eight  cents  ....  12.98 

Henniker,  two  dollars  and  sixty-four  cents 2.64 

Hill,  one  dollar  and  ten  cents 1.10 

Hooksett,  three  dollars  and  eleven  cents 3.11 

Hopkinton,  three  dollars  and  thirty-five  cents 3.35 


1941]                               Chapter  37  33 

Loudon,  one  dollar  and  twenty-seven  cents $1.27 

Newbury,  two  dollars  2.00 

New  London,  three  dollars  and  fifty-three  cents  ....  3.53 

Northfield,  one  dollar  and  ninety-nine  cents 1.99 

Pembroke,  three  dollars  and  forty-eight  cents 3.48 

Pittsfield,  three  dollars  and  fifty-one  cents 3.51 

Salisbury,  eighty  cents  .80 

Sutton,  one  dollar  and  three  cents 1.03 

Warner,  two  dollars  and  three  cents 2.03 

Webster,  one  dollar  and  seventeen  cents 1.17 

Wilmot,  sixty  cents .60 

Hillsborough  County,  $289.28 

Amherst,  two  dollars  and  five  cents $2.05 

Antrim,  two  dollars  and  twenty-three  cents 2.23 

Bedford,  two  dollars  and  eighty-five  cents  2.85 

Bennington,  one  dollar  and  seventy-five  cents 1.75 

Brookline,  seventy-nine  cents   .79 

Deering,  sixty-four  cents  .64 

Francestown,  ninety-two  cents   .92 

Goffstown,  six  dollars  and  fifty-six  cents 6.56 

Greenfield,  ninety-seven  cents .97 

Greenville,  one  dollar  and  eighty-eight  cents 1.88 

Hancock,  one  dollar  and  ninety-six  cents 1.96 

Hillsborough,  four  dollars  and  sixty-two  cents 4.62 

Hollis,  one  dollar  and  eighty  cents 1.80 

Hudson,  three  dollars  and  thirty-six  cents 3.36 

Litchfield,  seventy-two  cents .72 

Lyndeborough,  ninety-five  cents .95 

Manchester,    one    hundred    fifty-nine    dollars    and 

eighty-eight  cents  159.88 

Mason,  forty-five  cents  .45 

Merrimack,  two  dollars  and  fifty-two  cents 2.52 

Milford,  seven  dollars  and  sixty-nine  cents 7.69 

Mont  Vernon,  eighty-four  cents .84 

Nashua,  sixty-five  dollars  and  twenty-three  cents  .  .  65.23 

New  Boston,  one  dollar  and  thirty-four  cents 1.34 

New  Ipswich,  one  dollar  and  sixty-two  cents 1.62 

Pelham,  one  dollar  and  fifty-three  cents 1.53 

Peterborough,  eight  dollars  and  fifteen  cents 8.15 

Sharon,  nineteen  cents  .19 

Temple,  fifty-three  cents  .53 


34                                   Chapter  37  [1941 

Weare,  one  dollar  and  ninety-four  cents $1.94 

Wilton,  three  dollars  and  twenty-two  cents 3.22 

Windsor,  ten  cents .10 

Cheshire  County,  $77.39 

Alstead,  one  dollar  and  twenty-six  cents $1.26 

Chesterfield,  two  dollars  and  twenty-four  cents  ....  2.24 

Dublin,  three  dollars  and  forty-six  cents 3.46 

Fitz William,  one  dollar  and  forty-three  cents 1.43 

Gilsum,  forty-seven  cents .47 

Harris ville,  one  dollar  and  fifty-seven  cents 1.57 

Hinsdale,  five  dollars  and  fifty-nine  cents 5.59 

Jaffrey,  six  dollars  and  thirty  cents 6.30 

Keene,  thirty-two  dollars  and  forty-seven  cents  ....  32.47 

Marlborough,  two  dollars  and  thirty  cents 2.30 

Marlow,  forty-seven  cents   .47 

Nelson,  fifty-nine  cents  .59 

Richmond,  thirty-nine  cents   .39 

Rindge,  one  dollar  and  sixty-nine  cents 1.69 

Roxbury,  nineteen  cents .19 

Stoddard,  sixty-eight  cents .68 

Sullivan,  thirty  cents .30 

Surry,  sixty-one  cents .61 

Swanzey,  two  dollars  and  sixty-six  cents 2.66 

Troy,  one  dollar  and  seventy-eight  cents 1.78 

Walpole,  six  dollars  and  sixty-five  cents 6.65 

Westmoreland,  ninety-six  cents .96 

Winchester,  three  dollars  and  thirty-three  cents . .  .  3.33 

SuUivan  County,  $48.43 

Acworth,  fifty-seven  cents $0.57 

Charlestown,  three  dollars  and  thirteen  cents 3.13 

Claremont,    twenty-four    dollars    and    ninety-eight 

cents  24.98 

Cornish,  one  dollar  and  sixty-seven  cents 1.67 

Croydon,  sixty-seven  cents .67 

Goshen,  forty-four  cents   .44 

Grantham,  thirty-six  cents   .36 

Langdon,  thirty-six  cents .36 

Lempster,  thirty-six  cents .36 

Newport,  eight  dollars  and  sixty  cents 8.60 

Plainfield,  one  dollar  and  sixty-five  cents 1.65 


1941]                                Chapter  37  35 

Springfield,  seventy-nine  cents $0.79 

Sunapee,  three  dollars  and  fifty-six  cents 3.56 

Unity,  fifty-three  cents   .53 

Washington,  seventy-six  cents   .76 

Grafton  County,  $104.64 

Alexandria,  eighty-two  cents $0.82 

Ashland,  two  dollars  and  eighty-three  cents 2.83 

Bath,  one  dollar  and  forty-five  cents 1.45 

Benton,  nineteen  cents   .19 

Bethlehem,  four  dollars  and  seventy-three  cents  . . .  4.73 

Bridge  water,  one  dollar  and  one  cent 1.01 

Bristol,  four  dollars  and  forty-seven  cents 4.47 

Campton,  two  dollars  and  fourteen  cents 2.14 

Canaan,  two  dollars  and  two  cents 2.02 

Dorchester,  twenty-five  cents   .25 

Easton,  twenty-one  cents .21 

Ellsworth,  five  cents  .05 

Enfield,  two  dollars  and  twenty-six  cents 2.26 

Franconia,  one  dollar  and  sixty  cents 1.60 

Grafton,  seventy-five  cents .75 

Groton,  fifty-eight  cents .58 

Hanover,  ten  dollars  and  thirty-eight  cents 10.38 

Haverhill,  six  dollars  and  seventy-seven  cents 6.77 

Hebron,  ninety-two  cents .92 

Holderness,  three  dollars  and  eight  cents   3.08 

Landaff ,  forty-two  cents   .42 

Lebanon,  thirteen  dollars  and  twenty-seven  cents  .  .  13.27 

Lincoln,  two  dollars  and  six  cents 2.06 

Lisbon,  four  dollars  and  seventy-five  cents 4.75 

Littleton,  eight  dollars  and  thirty-five  cents 8.35 

Lyman,  forty-three  cents -43 

Lyme,  one  dollar  and  forty-two  cents 1.42 

Monroe,  thirteen  dollars  and  ninety  cents 13.90 

Orange,  twenty  cents -20 

Orford,  one  dollar  and  seventeen  cents 1.17 

Piermont,  one  dollar  and  two  cents 1.02 

Plymouth,  five  dollars  and  fifty-eight  cents 5.58 

Rumney,  one  dollar  and  forty-two  cents 1.42 

Thornton,  seventy  cents •'^0 

Warren,  ninety-seven  cents  -97 

Waterville,  thirteen  cents -13 


36                                    Chapter  37  [1941 

Wentworth,  seventy-nine  cents $0.79 

Woodstock,  one  dollar  and  fifty-five  cents 1.55 

Coos  County,  $73.07 

Berlin,  twenty-eight  dollars  and  fifty  cents $28.50 

Carroll,  one  dollar  and  ninety-nine  cents 1.99 

Clarksville,  eighty  cents .80 

Colebrook,  three  dollars  and  eighty-six  cents 3.86 

Columbia,  eighty-one  cents   .81 

Dalton,  seventy-six  cents .76 

Dummer,  sixty-five  cents .65 

Errol,  one  dollar  and  three  cents 1.03 

Gorham,  seven  dollars  and  sixty-seven  cents 7.67 

Jefferson,  one  dollar  and  fifty-one  cents 1.51 

Lancaster,  six  dollars  and  fifty-seven  cents 6.57 

Milan,  one  dollar  and  thirteen  cents 1.13 

Northumberland,  four  dollars  and  twenty  cents  . .  .  4.20 

Pittsburg,  three  dollars  and  eighty-nine  cents  ....  3.89 

Randolph,  eighty-eight  cents .88 

Shelburne,  ninety-five  cents .95 

Stark,  fifty-nine  cents .59 

Stewartstown,  one  dollar  and  twenty-four  cents  ....  1.24 

Stratford,  one  dollar  and  ninety-six  cents 1.96 

Wentworth's  Location,  twenty-four  cents   .24 

Whitefield,  three  dollars  and  eighty-four  cents  ....  3.84 

Unincorporated  Places,  $2.82 

Cambridge,  sixty-four  cents   $0.64 

Crawford's  Purchase,  four  cents .04 

Dixville,  sixty-six  cents   .66 

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-eight  cents .38 

Odell,  twenty-seven  cents .27 

Pinkham's  Grant,  one  cent .01 

Sargent's  Purchase,  twelve  cents .12 

Second  College  Grant,  twelve  cents  .12 

Success,  twenty-five  cents   .25 

Thompson  and  Meserve  Purchase,  ten  cents .10 


1941]  Chapters  38,  39  37 

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  April  1,  1941.] 


CHAPTER  38. 


AN  ACT  RELATIVE  TO  TAKING  BROOK  TROUT  IN  PONDS  AND  LAKES 
IN  COOS  COUNTY.* 

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

1.  Brook  Trout.  Amend  chapter  201  of  the  Public  Laws, 
as  inserted  by  chapter  169  of  the  Laws  of  1939  (chapter  236, 
commissioners'  report)  by  inserting  after  section  1  the  follow- 
ing new  section :  1-a.  Coos  County.  Brook  trout  may  be 
taken  and  possessed  from  May  fifteenth  to  September  first, 
and  during  the  month  of  September  by  the  use  of  artificial 
flies  only,  in  the  ponds  and  lakes  in  Coos  county. 

2.  Application.  Such  provisions  of  section  1  of  chapter 
201  of  the  Public  Laws  (chapter  236,  commissioners'  report) 
as  are  inconsistent  with  the  provisions  of  this  act  hereby  are 
repealed. 

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

[Approved  April  2,  1941.] 


CHAPTER  39. 

AN  ACT  NAMING  DEERING  LAKE  IN  THE  TOWN  OF  DEERING. 

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

1.  Deering  Lake.  On  and  after  the  passage  of  this  act  the 
body  of  water  in  the  town  of  Deering  known  as  Deering  Reser- 
voir or  Gregg  lake  shall  be  called  Deering  lake. 

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

[Approved  April  2,  1941.] 


*  See  also  chapters  50  and  83,  post. 


38  Chapters  40,  41  [1941 

CHAPTER  40. 

AN  ACT  RELATIVE    TO    STATE    AID    FOR    CLASS    V    HIGHWAYS    IN 

CERTAIN  TOWNS. 

Whereas,  an  act  was  passed  at  the  present  session  requir- 
ing certain  towns  to  complete  2A  or  Orange  system  highways 
in  said  town  before  said  towns  would  be  entitled  to  apply  for 
state  aid  for  class  V  highways,  being  chapter  5  of  the  Laws  of 
1941,  and 

Whereas,  said  act  did  not  become  a  law  until  after  the 
town  warrants  were  posted  and  therefore  the  votes  taken  in 
certain  towns  relative  to  highway  appropriations  did  not  con- 
form to  the  changes  made  by  said  chapter  5,  now  therefore 

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

1.  Town  Aid  for  Highways.  The  highway  commissioner 
is  hereby  authorized,  in  his  discretion,  to  furnish  state  aid  for 
class  V  highways  in  such  towns  as  have  voted  at  the  March, 
1941,  annual  meetings  to  apply  for  such  aid.  For  the  year 
1941  the  provisions  of  chapter  5  of  the  Laws  of  1941  shall  not 
apply  to  any  towns  for  which  the  highway  commissioner  may 
make  an  exception  as  provided  for  herein. 

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

[Approved  April  2,  1941.] 


CHAPTER  41. 

AN  ACT  RELATIVE  TO  ENCROACHMENTS  ON  HIGHWAYS. 

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

1.  Highway  Encroachments.  Amend  section  13  of  chap- 
ter 92  of  the  Public  Laws  (section  13,  chapter  108,  commis- 
sioners' report)  by  striking  out  said  section  and  mserting  in 
place  thereof  the  following:  13.  Obstructing  Water; 
Penalty.  If  any  person  shall  place,  or  suffer  to  be  placed  or 
to  remain,  any  logs,  earth  or  other  substances  within  the 
limits  of  a  highway,  or  upon  land  in  the  vicinity  of  a  highway 
by  which  the  water  in  a  stream,  pond  or  ditch  is  turned  upon 


1941]  Chapter  42  39 

the  highway  and  injures  or  renders  it  unsuitable  for  pubHc 
travel,  he  shall  be  fined  not  more  than  one  hundred  dollars. 
If  such  highway  is  maintained  by  the  town,  the  fine  shall  be 
for  the  use  of  the  town  and  if  such  highway  is  maintained  by 
the  state,  the  fine  shall  be  for  the  use  of  the  state  highway 
department.  Nothing  in  this  section  shall  be  construed  as 
prohibiting  the  placing  of  snow  within  the  limits  of  a  highway 
for  the  purpose  of  crossing  or  recrossing  by  sleds,  logging  or 
farming  equipment. 

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

[Approved  April  2,  1941.] 


CHAPTER  42. 


AN    ACT    RELATIVE    TO    THE    PROTECTION  OF  STATE  AND  OTHER 

HIGHWAYS. 

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

1.  Highway  Traffic  Regulations.  Amend  section  6,  chap- 
ter 91,  Public  Laws,  as  amended  by  chapter  117,  Laws  of  1935 
and  chapter  25,  Laws  of  1937  (section  7,  chapter  107,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  6.  Posting;  Return.  Regu- 
lations controlling  traffic  by  such  stop  signs,  devices,  or  signals 
shall  be  posted  on  each  trunk  line  and  state-aided  highway 
and  a  return  thereof  shall  be  filed  with  the  state  highway  de- 
partment to  be  kept  in  a  special  book  which  shall  be  open  to 
public  inspection.  A  copy  of  such  return  shall  be  filed  with 
the  town  clerk  for  information. 

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

[Approved  April  3,  1941.] 


40  Chapter  43  [1941 

CHAPTER  43. 

AN  ACT  RELATING  TO  TRUST  FUNDS. 

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

1.  Town  Trusts.  Amend  section  18  of  chapter  42  of  the 
Public  Laws  (commissioners'  report,  chapter  51)  by  inserting 
after  the  word  "reading-rooms"  in  the  third  line  thereof  the 
words,  schools  and  other  educational  facilities,  so  that  said 
section  as  amended  shall  read  as  follows:  18.  In  General. 
Towns  may  take  and  hold  in  trust  gifts,  legacies  and  devises 
made  to  them  for  the  establishment,  maintenance  and  care  of 
libraries,  reading-rooms,  schools  and  other  educational 
facilities,  parks,  cemeteries  and  burial  lots,  the  planting  and 
care  of  shade  and  ornamental  trees  upon  their  highways  and 
other  public  places,  and  for  any  other  public  purpose  that  is 
not  foreign  to  their  institution  or  incompatible  with  the 
objects  of  their  organization. 

2.  Trust  Funds  for  Districts.  Amend  said  chapter  42 
(said  chapter  51)  by  inserting  after  section  22  the  following 
new  section:  22-a.  Custody;  Expenditure.  Except  where 
otherwise  specifically  provided  in  the  charter  of  a  city  or  by 
special  act  of  the  legislature  whenever  a  gift,  legacy  or  devise 
shall  be  made  in  trust  to  a  school  district,  village  district  or 
any  subdivision  of  a  town  and  accepted  by  it,  the  same  shall 
be  held  in  custody  and  administered  by  the  trustees  of  trust 
funds  of  such  town  or  in  case  of  districts  embracing  two  or 
more  towns  by  the  trustees  of  trust  funds  of  that  town  which 
the  voters  of  said  district  may  elect.  The  governing  body  of 
any  such  district  or  subdivision  shall  expend  such  district  or 
subdivision  trust  funds,  or  the  income  thereof  to  be  expended, 
consistently  with  the  terms  of  the  trust.  The  provisions  of 
section  23  shall  not  apply  to  expenditures  of  district  or  sub- 
division trust  funds. 

3.  Trustees  of  Trust  Funds.  Further  amend  said  chapter 
42  by  striking  out  section  27  and  inserting  in  place  thereof 
the  following:  27.  Bond.  The  trustees  shall  give  bond  in 
such  amount  and  in  such  form  as  the  state  tax  commission 
shall  prescribe,  and  any  trustee  who  shall  make  any  payment 
of  income  or  principal  from  trust  funds  before  the  approval 
of  his  bond  in  writing  by  the  tax  commission  shall  be  person- 
ally liable  to  the  town  for  any  loss  resulting  from  such  pay- 


1941]  Chapter  44  41 

ment,  to  be  recovered  for  the  town  at  the  suit  of  any  citizen. 
The  expenses  of  said  trustees  and  the  expense  of  their  bond 
shall  be  charged  as  incidental  town  charges. 

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

[Approved  April  3,  1941.] 


CHAPTER  44. 


AN  ACT  RELATING  TO  THE  EXPIRATION   DATE   OF   PERMITS   AND 
LICENSES  ISSUED  BY  THE  STATE  LIQUOR  COMMISSION. 

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

1.  Date  of  Expiration  of  Permits  and  Licenses  for  the  Sale 
of  Beverages  and  Liquor.  All  permits  issued  under  the  pro- 
visions of  chapter  99  of  the  Laws  of  1933,  as  amended,  other 
than  special  permits,  which  otherwise  would  expire  as  of 
April  thirtieth,  1941,  are  hereby  extended  and  made  effective 
until  May  thirty-first,  1941,  unless  sooner  revoked,  and  there- 
after all  permits  issued  under  the  provisions  of  said  chapter, 
other  than  special  permits,  shall  expire  May  thirty-first  of 
each  year  unless  sooner  revoked  for  cause  by  the  commission- 
ers. All  licenses  issued  under  the  provisions  of  chapter  3  of 
the  Laws  of  the  special  session  of  1934,  as  amended,  in  force 
at  the  time  of  the  passage  of  this  act  shall  expire  May  thirty- 
first,  1941,  unless  sooner  revoked  for  cause,  and  thereafter  all 
licenses  issued  under  the  provisions  of  said  chapter  shall  ex- 
pire May  thirty-first  of  each  year  unless  sooner  revoked  for 
cause  by  the  commissioners.  All  parts  of  acts  inconsistent 
with  the  provisions  hereof  are  hereby  repealed  as  to  such  in- 
consistencies. 

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

[Approved  April  3,  1941.] 


42  Chapter  45  [1941 

CHAPTER  45. 

AN  ACT  PROVIDING  FOR  A  STATE  COUNCIL  OF  DEFENSE. 

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

1.  Authority.  The  governor  is  hereby  authorized  and 
empowered,  in  time  of  emergency  or  pubHc  need  in  the  nation 
or  the  state,  to  create  by  proclamation  a  state  council  of  de- 
fense, hereinafter  designated  as  the  "council,"  for  the  general 
purpose  of  assisting  in  the  mobilization  of  the  civilian  effort, 
and  in  the  coordination  of  state  and  national  activities  related 
to  defense  other  than  those  of  a  strictly  military  or  naval 
character.  Whenever  he  deems  it  expedient,  the  governor 
may  by  proclamation  dissolve,  or  suspend,  such  council,  or  re- 
establish it  after  any  such  dissolution  or  suspension. 

2.  Composition  of  Council.  The  council  shall  consist  of 
twenty-five  members,  ten  of  whom  shall  be  the  respective 
chairmen  of  the  county  cooperating  committees,  and  eleven 
of  whom  shall  be  the  respective  chairmen  of  the  advisory 
committees,  described  hereinafter,  and  the  governor,  the 
president  of  the  senate,  the  speaker  of  the  house  of  represen- 
tatives, and  the  adjutant  general  as  coordinator,  ex  offlciis. 

3.  Officers.  The  governor  shall  serve  as  chairman,  and 
the  president  of  the  senate  and  the  speaker  of  the  house  of 
representatives  shall  each  serve  as  a  vice-chairman  of  the 
council. 

4.  Executive  Committee.  The  governor,  together  with 
two  of  the  chairmen  of  county  cooperating  committees  and 
two  of  the  chairmen  of  the  advisory  committees,  appointed  in 
each  case  by  the  governor  with  the  advice  and  consent  of  the 
executive  council,  shall,  with  the  adjutant  general,  constitute 
the  executive  committee  of  the  council.  The  executive  com- 
mittee is  authorized  to  act  in  the  name  of  the  council  between 
its  sessions  and  to  assume  such  duties  and  responsibilities  as 
the  council  may  entrust  to  it. 

5.  Executive  Secretary.  The  council  is  authorized  to  em- 
ploy an  executive  secretary  and  such  clerical  and  other  per- 
sonnel as  it  may  deem  necessary,  to  fix  their  compensations, 
to  establish  an  office,  and  to  make  such  expenditures,  within 
the  limits  of  the  appropriation  made  for  the  purpose  or  out  of 
other  funds  made  available  to  the  council,  as  may  be  necessary 
to  carry  out  the  purposes  of  this  act. 


1941]  Chapter  45  43 

6.  County  Cooperating  Committees.  There  shall  be 
appointed  by  the  governor  with  the  advice  and  consent  of  the 
executive  council  and  without  reference  to  political  affiliations, 
in  each  county  within  the  state,  a  county  cooperating  com- 
mittee composed  of  two  citizens,  one  of  whom  shall  be  a  man 
and  one  a  woman,  from  each  town  and  city  ward  in  the  county. 
One  member  of  each  such  committee  shall  be  designated  by 
the  governor  and  the  executive  council  to  serve  as  chairman 
and  as  member  of  the  council  and  one  as  vice-chairman.  Said 
members  shall  serve  without  compensation  during  the  pleas- 
ure of  the  governor  and  the  executive  council.  The  county 
cooperating  committees  shall  perform  such  functions  and  have 
such  duties  as  may  be  assigned  to  them  by  the  council. 

7.  Advisory  Committees.  There  shall  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  executive  coun- 
cil, eleven  advisory  committees  representative  of  each  of  the 
following  eleven  general  interests,  or  groups,  the  number  of 
members  to  be  such  as  combined  will  adequately  represent 
the  different  interests  concerned:  (1)  health,  welfare, 
hospitals,  medical,  religious,  charitable,  relief,  recreation, 
morale,  sanitation;  (2)  agriculture,  food  supply,  land  use;  (3) 
housing,  public  works,  and  related  facilities;  (4)  consumers' 
interest  and  protection,  clothing,  fuel;  (5)  industrial  re- 
sources, production,  manufacturing  facilities,  materials;  (6) 
human  resources,  educational  facilities,  professions,  labor 
supply  and  training,  employment,  labor  relations,  trades, 
skills;  (7)  finances;  (8)  law;  (9)  telephones,  telegraphs, 
radio,  railroads,  busses,  highways,  motor  traffic,  airplanes, 
electricity,  water,  sewer  facilities,  gas;  (10)  public  safety,  in- 
cluding emergency  activities  of  state  and  local  police,  sheriffs, 
allied  law  enforcement  agencies,  American  Red  Cross,  war 
veterans;  (11)  planning,  statistical,  promotional  and  public 
relations.  For  each  of  the  advisory  committees  the  governor 
and  executive  council  shall  designate  one  member  thereof  to 
serve  as  its  chairman  and  member  of  the  council.  Members 
of  the  advisory  committees  shall  serve  without  compensation 
during  the  pleasure  of  the  governor  and  the  executive  council. 
The  council  shall  give  the  advisory  committees  appropriate 
titles  and  the  advisory  committees  shall  perform  such  duties 
as  may  be  assigned  them  by  the  council. 

8.  Powers  and  Duties  of  the  Council.  The  council  shall 
have  the  following  powers  and  duties : 


44  Chapter  45  [1941 

I.  To  adopt,  amend,  and  repeal  rules,  regulations,  and 
by-laws  governing  its  procedure  and  activities. 

II.  To  cooperate  with  the  advisory  commission  to  the 
council  of  national  defense,  or  with  any  similar  federal 
agencies  hereafter  created,  and  with  any  other  federal 
agencies  engaged  in  promoting  or  assisting  in  the  national 
defense. 

III.  To  cooperate  with  councils  of  defense  or  recognized 
groups  performing  corresponding  service  in  other  states. 

IV.  To  supervise  and  direct  investigations,  and  rec- 
ommend to  the  governor  such  legislation,  or  other  appropriate 
action,  as  it  may  deem  necessary  with  respect  to  any  of  the 
services,  interests,  or  facilities  listed  in  section  7  hereof,  so 
far  as  they  are  or  may  be  related  to  defense,  other  than 
matters  of  a  purely  military  or  naval  character. 

V.  To  create  sub-committees,  either  within  or  without 
its  membership,  or  within  the  membership  of  its  county  co- 
operating or  advisory  committees,  to  aid  it  in  the  discharge  of 
its  powers  and  duties. 

VI.  To  request  the  cooperation  and  assistance  of  state 
and  local  governmental  agencies  and  officials. 

9.  Utilization  of  Existing  Facilities.  In  order  to  avoid 
duplication  of  existing  services  and  facilities  the  council,  and 
any  of  its  sub-committees,  are  authorized  and  directed  to 
utilize  the  services  and  facilities  of  existing  offices,  depart- 
ments, commissions,  boards,  bureaus,  institutions  and  other 
agencies  of  the  state,  and  all  such  officers  and  agencies  are 
required  to  cooperate  with  and  extend  their  services  and 
facilities  to  the  council. 

10.  Separability  of  Provisions.  If  any  provision  of  this 
act  or  the  application  of  such  provision  to  any  person  or  cir- 
cumstance is  held  invalid  the  remainder  of  this  act  and  the 
application  of  such  provision  to  other  persons  or  circum- 
stances shall  not  be  affected  thereby. 

11.  Appropriation.  The  sum  of  fifteen  hundred  dollars  is 
hereby  appropriated  for  the  use  of  the  council  for  the  period 
ending  June  30,  1941 ;  five  thousand  dollars  for  the  fiscal  year 
1941-1942 ;  five  thousand  dollars  for  the  fiscal  year  1942-1943. 
The  governor,  with  the  advice  and  consent  of  the  executive 
council,  is  authorized  to  draw  his  warrant  for  said  sums  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 

12.  Other  Funds.    The  council  is  authorized  to  accept,  re- 


1941]  Chapter  46  45 

ceive  and  use,  for  furthering  the  provisions  of  this  act,  grants 
of  federal  funds  or  gifts  of  private  funds.  Such  funds  shall 
be  held  by  the  state  treasurer  in  a  special  fund,  to  be  expended 
for  the  purposes  of  this  act  alone. 

13.  Short  Title.     This  act  may  be  cited  as  the  "State  Coun- 
cil of  Defense  Act." 

14.  Effective  Date.     This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  4,  1941.] 


CHAPTER  46. 

AN  ACT  ESTABLISHING  A  STATE  GUARD. 

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

1.  Authority.  Whenever  any  part  of  the  New  Hampshire 
national  guard  is  in  the  active  service  of  the  United  States, 
the  governor  is  hereby  authorized  to  organize  and  maintain 
within  this  state  during  such  period,  under  such  regulations 
as  the  secretary  of  war  of  the  United  States  may  prescribe  for 
discipline  in  training,  and  otherwise  in  general  conformity 
with  existing  law,  regulations,  rules  and  practices  pertaining 
to  the  national  guard,  such  military  forces  as  he  may  deem 
necessary  to  defend  this  state  from  invasion,  rebellion,  riot  or 
reasonable  apprehension  thereof,  provided,  however,  that  such 
forces  shall  not  be  ordered  into  a  community  where  a  strike 
or  lockout  exists  for  purposes  connected  with  such  strike  or 
lockout  unless  the  governor  shall  have  investigated  the  need 
thereof  through  the  local  public  authorities  and  employer  and 
employee  representatives  of  the  industries  involved  in  such 
strike  or  lockout. 

2.  Composition.  Such  military  forces  shall  be  composed 
of  commissioned  officers  and  such  able-bodied  male  citizens  of 
the  state  as  shall  volunteer  for  service  therein  supplemented, 
if  necessary,  by  men  of  the  unorganized  militia  enrolled  by 
draft  and  subject  to  military  duty  as  provided  by  chapter  124 
of  the  Public  Laws  of  New  Hampshire,  as  amended,  and,  in 
addition  to  active  units,  may  include  inactive  and  reserve 
components. 

3.  Name.  Such  military  forces  shall  be  additional  to  and 
distinct   from  the   New  Hampshire  national  guard;  shall  be 


46  Chapter  46  [1941 

armed  and  uniformed;  shall  be  known  as  the  New  Hampshire 
State  Guard;  and  are  hereinafter  referred  to  as  the  state 
guard. 

4.  Uniform.  The  uniforms,  the  insignia  of  rank  and 
grade,  the  devices,  buttons,  emblems  and  decorations  of  the 
state  guard  shall  be  distinctive,  specifications  as  to  design  and 
manner  of  wearing  the  same  to  be  as  prescribed  in  regulations 
to  be  issued  by  the  adjutant  general. 

5.  Protection  of  Uniform.  No  person  shall  wear  or  ex- 
hibit the  uniform,  insignia,  device,  button,  emblem  or  deco- 
ration of  the  state  guard,  or  shall  wear  or  exhibit  a  uniform, 
insignia,  device,  button,  emblem  or  decoration  so  nearly  like 
that  of  the  state  guard  as  might  reasonably  cause  it  to  be  mis- 
taken therefor.  Any  person  violating  the  provisions  of  this 
section  shall  be  fined  not  more  than  three  hundred  dollars,  or 
imprisoned  not  more  than  six  months,  or  both. 

6.  Organization;  Rules  and  Regulations.  The  provisions 
of  chapter  124  of  the  Public  Laws  of  New  Hampshire,  as 
amended,  authorizing  the  enlistment,  organization,  adminis- 
tration, equipment,  maintenance,  training,  discipline  and  other 
matters  pertaining  to  the  military  department  of  the  state, 
the  unorganized  militia,  and  the  national  guard  when  not  in 
the  service  of  the  United  States,  except  as  otherwise  provided 
in  this  act,  are  hereby  extended  in  each  instance  where  appro- 
priate to  include  and  are  made  applicable  to  the  state  guard 
authorized  under  the  provisions  of  this  act;  provided,  that 
regulations  hereby  authorized  to  be  issued  by  the  adjutant 
general  relative  to  the  state  guard  shall  conform  in  matters 
of  training  and  discipline  to  policies  and  instructions  promul- 
gated by  the  secretary  of  war  of  the  United  States. 

7.  Pay  and  Allowances.  The  provisions  of  section  60, 
chapter  124  of  the  Public  Laws  of  New  Hampshire,  shall  not 
apply  to  the  state  guard  which  shall  be  compensated  as 
follows:  For  each  day's  service  in  complete  uniform,  when 
ordered  out  for  duty  by  command  of  the  governor,  except  for 
annual  inspection,  drill,  target  practice  or  special  service,  each 
commissioned  officer  of  the  state  guard  shall  be  paid  at  the 
same  rate,  base  pay,  as  an  officer  of  like  grade  in  the  United 
States  Army;  and  each  enlisted  man  of  the  state  guard  shall 
be  paid  at  the  rate,  base  pay,  prescribed  in  federal  pay  tables 
for  an  enlisted  man  of  like  grade  in  the  United  States  Army. 

8.  Equipment  and  Supplies.     For    the   use   of   the    state 


1941]  Chapter  46  47 

guard,  the  adjutant  general,  with  the  approval  of  the  gover- 
nor and  council,  is  hereby  authorized  to  purchase  such  equip- 
ment and  supplies  as  may  be  necessary  for  the  purposes  of 
this  act  and  the  governor  is  hereby  authorized  to  requisition, 
as  free  issues  or  loans,  or,  if  necessary,  to  purchase  outright, 
from  the  secretary  of  war  of  the  United  States,  or  from  such 
agency  of  the  war  department  as  may  by  law  be  designated, 
such  arms,  equipment,  supplies,  and  ammunition  as  may  be  in 
the  possession  of  and  can  be  spared  by  the  United  States 
government. 

9.  Use  of  Armories.  The  adjutant  general  is  authorized 
to  make  available  to  the  state  guard  the  facilities  of  the  state 
armories  and  military  reservations  and  their  equipment  and 
such  other  state  premises  and  property  as  may  be  available. 

10.  Other  Buildings.  Whenever  it  shall  become  necessary, 
for  reasons  of  public  safety,  all  state,  county  and  municipal 
authorities  are  authorized  and  the  owners  of  suitable  private 
facilities  are  urged  to  place  their  buildings  or  other  facilities 
at  the  disposal  of  the  adjutant  general  for  military  purposes. 

11.  Use  Outside  of  New  Hampshire.  The  state  guard 
shall  not  be  required  to  serve  outside  the  boundaries  of  the 
state  of  New  Hampshire  except: 

I.  Upon  the  request  of  the  governor  of  another  state, 
the  governor  of  this  state  may  in  his  discretion  order  any 
portion  or  all  of  the  state  guard  to  assist  the  military  or 
police  forces  of  such  other  state  who  are  actually  engaged  in 
defending  such  other  state.  The  state  guard  may  be  recalled 
from  such  service  by  the  governor  at  his  discretion. 

II.  Any  unit  or  detachment  of  the  New  Hampshire 
national  guard  when  not  in  active  federal  service,  or  of  the 
state  guard,  upon  order  of  the  adjutant  general  or  the  officer 
in  immediate  command  thereof,  of  such  unit  or  detachments, 
may  continue  in  fresh  pursuit  of  insurrectionists,  saboteurs, 
enemies  or  enemy  forces  beyond  the  borders  of  this  state  in- 
to another  state  until  they  are  apprehended  or  captured  by 
such  organization,  unit  or  detachment  or  until  the  military 
or  police  forces  of  the  other  state  or  the  forces  of  the  United 
States  have  had  a  reasonable  opportunity  to  take  up  the  pur- 
suit or  to  apprehend  or  capture  such  persons:  Provided, 
such  other  state  shall  have  given  authority  by  law  for  such 
pursuit  by  national  guard  or  the  state  guard  of  this  state. 
Any  such  person  who  shall  be  apprehended  or  captured  in  such 


48  Chapter  46  [1941 

other  state  by  an  organization,  unit  or  detachment  of  the  such 
mihtary  forces  of  this  state  shall  without  unnecessary  de- 
lay be  surrendered  to  the  military  or  police  forces  of  the  state 
in  which  he  is  taken  or  to  the  United  States,  but  such  sur- 
render shall  not  constitute  a  waiver  by  this  state  of  its  right 
to  extradite  or  prosecute  such  person  for  any  crime  committed 
in  this  state. 

12.  Permission  to  Forces  of  Other  States.  Any  military 
forces  or  organization,  unit  or  detachment  thereof,  of  another 
state  who  are  in  fresh  pursuit  of  insurrectionists,  saboteurs, 
enemies  or  enemy  forces  may  continue  such  pursuit  into  this 
state  until  the  military  or  police  forces  of  this  state  or  the 
forces  of  the  United  States  have  had  a  reasonable  opportunity 
to  take  up  the  pursuit  or  to  apprehend  or  capture  such  per- 
sons and  are  hereby  authorized  to  arrest  or  capture  such  per- 
sons within  this  state  while  in  fresh  pursuit.  Any  such 
person  who  shall  be  captured  or  arrested  by  the  military 
forces  of  such  other  state  while  in  this  state  shall  without 
unnecessary  delay  be  surrendered  to  the  military  or  police 
forces  of  this  state  to  be  dealt  with  according  to  law.  This 
section  shall  not  be  construed  so  as  to  make  unlawful  any 
arrest  in  this  state  which  would  otherwise  be  lawful,  and 
nothing  contained  in  this  section  shall  be  deemed  to  repeal 
any  of  the  provisions  of  chapter  54,  Laws  of  1937,  relating  to 
the  fresh  pursuit  of  criminals. 

13.  Federal  Service.  Nothing  in  this  act  shall  be  con- 
strued as  authorizing  the  state  guard,  or  any  part  thereof  to 
be  called,  ordered,  or  in  any  manner  drafted,  as  such,  into  the 
military  service  of  the  United  States,  but  no  person  shall  by 
reason  of  his  enlistment  or  commission  in  any  such  forces  be 
exempted  from  military  service  under  any  law  of  the  United 
States. 

14.  Enlistment  of  Civil  Groups.  No  civil  organization, 
society,  club,  post,  order,  fraternity,  association,  brotherhood, 
body,  union,  league,  or  other  combination  of  persons  or  civil 
group  shall  be  enlisted  in  the  state  guard  as  an  organization 
or  unit. 

15.  Armed  Civilian  Groups.  No  organization,  society, 
club,  post,  order,  league  or  other  combination  of  persons,  or 
civil  group,  or  any  members  thereof,  are  authorized  to  assume 
any  semblance  of  military  organization  or  character  by  bear- 
ing or  possessing  rifles,   pistols,   sabres,  clubs,   or  military 


1941]  Chapter  46  49 

weapons  of  any  kind,  or  wearing  a  military  uniform  of  any 
kind.  Any  person  violating  any  of  the  provisions  of  this  sec- 
tion or  taking  part  in  such  military  organization  shall  be  fined 
not  less  than  three  hundred  dollars  or  imprisoned  not  less  than 
six  months,  or  both,  and  any  rifles,  pistols,  sabres,  clubs  or 
other  military  weapons  used  in  violation  hereof  shall  be  for- 
feited. This  section  shall  not  apply  to  regularly  constituted 
military  units  under  state  or  federal  laws,  and  nothing  in  this 
section  shall  be  construed  as  forbidding  the  possession  and 
use  of  rifles  for  color  guards  or  firing  squad  purposes,  or  the 
wearing  of  uniforms  of  a  military  character,  by  an  organi- 
zation composed  wholly  of  veteran  soldiers  who  participated 
in  any  war  of  the  United  States,  or  by  any  other  recognized 
fraternal  group  of  long-standing  in  the  community  which  uses 
rifles  or  sabres  merely  as  a  part  of  its  ritualistic  exercises  and 
which  is  not  specifically  disapproved  by  the  President  of  the 
United  States,  the  war  department,  or  the  governor. 

16.  Disqualification  for  Service.  No  person  shall  be  com- 
missioned or  enlisted  in  the  state  guard  who  is  not  a  citizen 
of  the  United  States  or  who  has  been  expelled  or  dishonorably 
discharged  from  any  military  or  naval  organization  of  this 
state  or  of  another  state,  or  of  the  United  States,  or  who  has 
been  convicted  of  felony. 

17.  Oath  of  Officers.  The  oath  to  be  taken  by  officers  com- 
missioned in  such  forces  shall  be  substantially  in  the  form 
now  prescribed  for  officers  of  the  national  guard,  substituting 
the  words  "New  Hampshire  State  Guard"  where  necessary. 

18.  Enlistments.  In  peace  time,  no  person  shall  be  en- 
listed in  the  state  guard  for  more  than  one  year  but,  in  the 
event  that  prior  to  the  expiration  of  such  term  of  enlistment 
the  United  States  becomes  involved  in  war,  such  enlistments 
shall  be  for  the  duration  of  the  emergency,  subject  to  such 
regulations  to  the  contrary  as  may  be  promulgated  by  the 
adjutant  general. 

19.  Oath  of  Enlisted  Men.  The  oath  to  be  taken  upon  en- 
listment in  the  state  guard  shall  be  substantially  in  the  form 
now  prescribed  for  enlisted  men  of  the  national  guard,  sub- 
stituting the  words  "New  Hampshire  State  Guard"  where 
necessary. 

20.  AppUcation  of  Articles  of  War.  Whenever  the  state 
guard  or  any  part  thereof  shall  be  ordered  out  for  active 
service,  the  articles  of  war  of  the  United  States  applicable  to 


50  Chapter  46  [1941 

members  of  the  national  guard  of  this  state  in  relation  to 
court  martial,  their  jurisdiction  and  the  limits  of  punishment 
and  the  rules  and  regulations  prescribed  thereunder  shall  be 
in  full  force  and  effect  with  respect  to  the  state  guard. 

21.  Freedom  from  Arrest.  No  officer  or  enlisted  man  of 
the  state  guard  shall  be  arrested  on  any  warrant,  except  for 
treason  or  felony,  while  going  to,  remaining  at,  or  returning 
from  a  place  where  he  is  ordered  to  attend  for  military  duty. 

22.  Exemption  from  Jury  Duty.  Every  officer  and  en- 
listed man  of  the  state  guard  shall,  during  his  service  there- 
in, be  exempt  from  jury  duty. 

23.  Acceptance  of  Gifts  Prohibited.  The  acceptance  of 
gifts,  donations,  gratuities  or  anything  of  value  by  the  state 
guard  or  by  any  member  of  such  forces  from  any  individual, 
firm,  association,  or  corporation,  by  reason  of  such  member- 
ship is  prohibited.  Violation  of  this  section  may  be  cause  for 
dishonorable  discharge  from  further  service  as  a  member  of 
the  state  guard. 

24.  Termination  of  Service.  Upon  the  termination  of  the 
period  of  federal  service  of  the  New  Hampshire  national 
guard,  as  hereinafter  ascertained,  the  state  guard  shall  be  dis- 
banded and  its  property  accounted  for  in  such  manner  and 
order  as  the  adjutant  general  shall  prescribe,  and  each  com- 
missioned officer  and  enlisted  man  thereof  shall  be  given  an 
honorable  discharge,  suitably  inscribed,  from  the  military 
service  of  the  state.  Provided,  however,  that  the  state  guard 
shall  not  be  disbanded  until  the  release  of  the  national  guard 
or  a  part  thereof  from  federal  service  makes  it  no  longer 
necessary  for  said  state  guard  to  be  retained,  in  the  opinion 
of  the  governor. 

25.  Severability.  If  any  provision  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, such  invalidity  shall  not  affect  other  provisions  or 
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.  If  any  provision  of 
chapter  124  of  the  Public  Laws  of  New  Hampshire,  which,  in 
accordance  with  section  6  hereof,  are  extended  so  far  as  is 
appropriate  to  the  state  guard,  as  well  as  the  national  guard 
and  the  unorganized  militia,  is  found  legally  inapplicable,  such 
inapplicability  shall  not  affect  the  validity  of  that  act  in  any 
way  nor  shall  it  affect  the  other  provisions  of  this  act  and  to 


1941]  Chapter  46  51 

that  extent  the  provisions  of  this   act  are  declared  to  be 
severable. 

26.  Appropriation.  For  the  purposes  of  this  act  there  is 
appropriated  the  sum  of  fifty  thousand  dollars  for  the  period 
from  the  date  of  the  passage  of  this  act  to  June  30,  1943, 
provided,  however,  that  when  the  state  guard  is  disbanded 
and  discharged  from  the  active  service  of  the  state  by  reason 
of  the  release  of  the  national  guard  or  a  part  thereof  from 
federal  service  as  provided  in  section  24,  the  unexpended 
balance  of  funds  hereby  appropriated  shall  no  longer  be  avail- 
able save  for  the  purpose  of  liquidating  outstanding  accounts 
and  claims  involving  the  state  guard ;  storing,  selling  or  other- 
wise disposing  of  state  property  in  its  possession;  returning 
or  otherwise  caring  for  federal  property  pertaining  to  it; 
making  such  alterations  or  restorations  in  state  armories  as 
may  be  necessary  for  reoccupancy  by  the  national  guard ;  pro- 
viding additional  storage  space  for  state-owned  property  of 
the  state  guard ;  and  such  other  expenses  as  may  be  incidental 
to  the  disbandment  of  such  forces. 

27.  Bonds  and  Notes  Authorized.  For  the  purpose  of  pro- 
viding funds  for  the  appropriation  provided  for  by  section  26, 
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  fifty  thousand  dollars,  and  for 
that  purpose  may  issue  bonds  and  notes  in  the  name  of 
and  on  behalf  of  the  state  of  New  Hampshire  at  a  rate  of 
interest  to  be  determined  by  the  governor  and  council  at  the 
time  of  approval  of  the  issue.  Such  bonds  and  notes  shall  be 
in  such  form  and  such  denominations  and  with  such  pro- 
visions for  call  or  redemption  as  the  governor  and  council  may 
determine,  may  be  registerable  as  to  both  principal  and  inter- 
est, and  shall  be  countersigned  by  the  governor  and  shall  be 
deemed  a  pledge  of  the  faith  and  credit  of  the  state. 

28.  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  re- 
ceived for  the  same,  the  date  of  the  sale  and  the  date  of 
maturity. 


52  Chapter  47  [1941 

29.  Sale;  Disposition  of  Proceeds.  The  treasurer  may 
negotiate  and  sell  such  bonds  and  notes  by  direction  of,  and 
in  such  manner  as,  the  governor  and  council  deem  most  ad- 
vantageous to  the  state.  The  proceeds  of  the  sale  of  such 
bonds  and  notes  shall  be  held  by  the  treasurer  and  paid  by 
him  upon  warrants  drawn  by  the  governor  for  the  purposes 
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. 

30.  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  fifty  thousand  dollars. 

31.  Short  Title.  This  act  may  be  cited  as  The  State  Guard 
Act. 

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

[Approved  April  4,  1941.] 


CHAPTER  47. 

AN  ACT  TO  PEOTECT  AGAINST  SABOTAGE. 

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

1.     Definitions.     As  used  in  this  act : 

I.  "Highway"  includes  any  private  or  public  street,  way 
or  other  place  used  for  travel  to  or  from  property. 

II.  "Highway  commissioner"  means  the  state  highway 
commissioner,  the  city  council  of  a  city  or  board  of  selectmen 
of  a  town  having  authority  under  then  existing  law  to  dis- 
continue the  use  of  the  highway  which  it  is  desired  to  restrict 
or  close  to  public  use  and  travel. 

III.  "Public  utility"  includes  any  pipe  line,  gas,  electric, 
heat,  water,  oil,  sewer,  telephone,  telegraph,  radio,  railway, 
railroad,  airplane,  transportation,  communication  or  other 
system,  by  whomsoever  owned  or  operated  for  public  use. 


1941]  Chapter  47  53 

2.  Intentional  Injury  to  or  Interference  with   Property. 

Whoever  intentionally  destroys,  impairs,  injures,  interferes 
or  tampers  with  real  or  personal  property  with  reasonable 
grounds  to  believe  that  such  act  will  hinder,  delay  or  interfere 
with  the  preparation  of  the  United  States  or  of  any  of  the 
states  for  defense  or  for  war,  or  with  the  prosecution  of  war 
by  the  United  States,  or  by  any  country  with  which  the 
United  States  shall  then  maintain  friendly  relations,  shall  be 
punished  by  imprisonment  for  not  more  than  ten  years,  or  by 
a  fine  of  not  more  than  ten  thousand  dollars,  or  both:  Pro- 
vided, if  such  person  so  acts  with  the  intent  to  hinder,  delay 
or  interfere  with  the  preparation  of  the  United  States  or  of 
any  of  the  states  for  defense  or  for  war,  or  with  the  prosecu- 
tion of  war  by  the  United  States  or  by  any  country  with 
which  the  United  States  shall  then  maintain  friendly  rela- 
tions, the  minimum  punishment  shall  be  imprisonment  for  not 
less  than  one  year. 

3.  Intentionally  Defective  Workmanship.  Whoever  in- 
tentionally makes  or  causes  to  be  made  or  omits  to  note  on 
inspection  any  defect  in  any  article  or  thing  with  reasonable 
grounds  to  believe  that  such  article  or  thing  is  intended  to  be 
used  in  connection  with  the  preparation  of  the  United  States 
or  any  of  the  states  for  defense  or  for  war,  or  for  the  prose- 
cution of  war  by  the  United  States,  or  by  any  country  with 
which  the  United  States  shall  then  maintain  friendly  relations, 
or  that  such  article  or  thing  is  one  of  a  number  of  similar 
articles  or  things,  some  of  which  are  intended  so  to  be  used, 
shall  be  punished  by  imprisonment  for  not  more  than  ten 
years,  or  a  fine  of  not  more  than  ten  thousand  dollars,  or  both : 
Provided,  if  such  person  so  acts  or  so  fails  to  act  with  the  in- 
tent to  hinder,  delay  or  interfere  with  the  preparation  of  the 
United  States  or  of  any  of  the  states  for  defense  or  for  war, 
or  with  the  prosecution  of  war  by  the  United  States  or  by  any 
country  with  which  the  United  States  shall  then  maintain 
friendly  relations,  the  minimum  punishment  shall  be  im- 
prisonment for  not  less  than  one  year. 

4.  Attempts.  Whoever  attempts  to  commit  any  of  the 
crimes  defined  by  this  act  shall  be  liable  to  one-half  the 
punishment  prescribed  for  the  completed  crime.  In  addition 
to  the  acts  which  constitute  an  attempt  to  commit  a  crime 
under  the  law  of  this  state,  the  solicitation  or  incitement  of 
another  to  commit  any  of  the  crimes  defined  by  this  act  not 


54  Chapter  47  [1941 

followed  by  the  commission  of  the  crime,  the  collection  or 
assemblage  of  any  materials  with  the  intent  that  the  same 
are  to  be  used  then  or  at  a  later  time  in  the  commission  of 
such  crime,  or  the  entry,  with  or  without  permission,  of  a 
building,  enclosure  or  other  premises  of  another  with  the  in- 
tent to  commit  any  such  crime  therein  or  thereon  shall  con- 
stitute an  attempt  to  commit  such  crime. 

5.  Conspirators.  If  two  or  more  persons  conspire  to  com- 
mit any  crime  defined  by  this  act,  each  of  such  persons  is 
guilty  of  conspiracy  and  subject  to  the  same  punishment  as 
if  he  had  committed  the  crime  which  he  conspired  to  commit, 
whether  or  not  any  act  be  done  in  furtherance  of  the  con- 
spiracy. It  shall  not  constitute  any  defense  or  ground  of 
suspension  of  judgment,  sentence  or  punishment  on  behalf  of 
any  person  prosecuted  under  this  section,  that  any  of  his 
fellow  conspirators  has  been  acquitted,  has  not  been  arrested 
or  convicted,  is  not  amenable  to  justice  or  has  been  pardoned 
or  otherwise  discharged  before  or  after  conviction. 

6.  Witnesses'  Privileges.  No  person  shall  be  excused  from 
attending  and  testifying,  or  producing  any  books,  papers,  or 
other  documents  before  any  court,  magistrate,  referee  or 
grand  jury  upon  any  investigation,  proceeding  or  trial,  for  or 
relating  to  or  concerned  with  a  violation  of  any  section  of  this 
act  or  attempt  to  commit  such  violation,  upon  the  ground  or 
for  the  reason  that  the  testimony  or  evidence,  documentary  or 
otherwise,  required  of  him  by  the  state  may  tend  to  convict 
him  of  a  crime  or  to  subject  him  to  a  penalty  or  forfeiture; 
but  no  person  shall  be  prosecuted  or  subjected  to  any  penalty 
or  forfeiture  for  or  on  account  of  any  transaction,  matter  or 
thing  concerning  which  he  may  so  testify  or  produce  evidence, 
documentary  or  otherwise,  and  no  testimony  so  given  or  pro- 
duced shall  be  received  against  him,  upon  any  criminal  in- 
vestigation, proceeding  or  trial,  except  upon  a  prosecution  for 
perjury  or  contempt  of  court  based  upon  the  giving  or  pro- 
ducing of  such  testimony. 

7.  Unlawful  Entry  on  Property.  Any  individual,  partner- 
ship, association,  corporation,  municipal  corporation  or  state 
or  any  political  subdivision  thereof  engaged  in,  or  preparing  to 
engage  in,  the  manufacture,  transportation  or  storage  of  any 
product  to  be  used  in  the  preparation  of  the  United  States  or 
of  any  of  the  states  for  defense  or  for  war  or  in  the  prose- 
cution of  war  by  the  United  States,  or  by  any  country  with 


1941]  Chapter  47  55 

which  the  United  States  shall  then  maintain  friendly  re- 
lations, or  the  manufacture,  transportation,  distribution  or 
storage  of  gas,  oil,  coal,  electricity  or  water,  or  any  of  said 
natural  or  artificial  persons  operating  any  public  utility, 
whose  property,  except  where  it  fronts  on  water  or  where 
there  are  entrances  for  railway  cars,  vehicles,  persons  or 
things,  is  surrounded  by  a  fence  or  wall,  or  a  fence  or  wall  and 
buildings,  may  post  around  his  or  its  property  at  each  gate, 
entrance,  dock  or  railway  entrance  and  every  one  hundred  feet 
of  water  front  a  sign  reading  "No  Entry  Without  Permission." 
Whoever  without  permission  of  such  owner  shall  wilfully  en- 
ter upon  premises  so  posted  shall  be  punished  by  imprison- 
ment for  not  more  than  ten  days,  or  a  fine  of  not  more  than 
fifty  dollars,  or  both. 

8.  Questioning  and  Detaining  Suspected  Persons.  Any 
peace  officer  or  any  person  employed  as  watchman,  guard,  or 
in  a  supervisory  capacity  on  premises  posted  as  provided  in 
section  7  may  stop  any  person  found  on  any  premises  to 
which  entry  without  permission  is  forbidden  by  section  7  and 
may  detain  him  for  the  purpose  of  demanding,  and  may  de- 
mand, of  him  his  name,  address  and  business  in  such  place.  If 
said  peace  officer  or  employee  has  reason  to  believe  from  the 
answers  of  the  person  so  interrogated  that  such  person  has 
no  right  to  be  in  such  place,  said  peace  officer  shall  forthwith 
release  such  person  or  he  may  arrest  such  person  without  a 
warrant  on  the  charge  of  violating  the  provisions  of  section  7 ; 
and  said  employee  shall  forthwith  release  such  person  or  turn 
him  over  to  a  peace  officer,  who  may  arrest  him  without  a 
warrant  on  the  charge  of  violating  the  provisions  of  section  7. 

9.  Closing  and  Restricting  Use  of  Highway.  Any  in- 
dividual, partnership,  association,  corporation,  municipal 
corporation  or  state  or  any  political  subdivision  thereof  en- 
gaged in  or  preparing  to  engage  in  the  manufacture,  trans- 
portation or  storage  of  any  product  to  be  used  in  the  prepara- 
tion of  the  United  States  or  any  of  the  states  for  defense  or 
for  war  or  in  the  prosecution  of  war  by  the  United  States,  or 
by  any  country  with  which  the  United  States  shall  then  main- 
tain friendly  relations,  or  in  the  manufacture,  transportation, 
distribution  or  storage  of  gas,  oil,  coal,  electricity  or  water,  or 
any  of  said  natural  or  artificial  persons  operating  any  public 
utility,  who  has  property  so  used  which  he  or  it  believes  will 
be  endangered  if  public  use  and  travel  is  not  restricted  or  pro- 


56  Chapter  47  [1941 

hibited  on  one  or  more  highways  or  parts  thereof  upon  which 
such  property  abuts,  may  petition  the  appropriate  highway 
commissioner  to  close  one  or  more  of  said  highways  or  parts 
thereof  to  pubhc  use  and  travel  or  to  restrict  by  order  the  use 
and  travel  upon  one  or  more  of  said  highways  or  parts 
thereof.  Upon  receipt  of  such  petition,  the  highway  commis- 
sioner shall  set  a  day  for  hearing  and  give  notice  thereof  by 
publication  in  a  newspaper  having  general  circulation  in  the 
city,  town  or  county  in  which  such  property  is  located,  such 
notice  to  be  at  least  seven  days  prior  to  the  date  set  for  hear- 
ing. If  after  hearing  the  highway  commissioner  determines 
that  the  public  safety  and  the  safety  of  the  property  of  the 
petitioner  so  require,  they  shall  by  suitable  order  close  to 
public  use  and  travel  or  reasonably  restrict  the  use  of  and 
travel  upon  one  or  more  of  said  highways  or  parts  thereof: 
Provided,  the  highway  commissioner  may  issue  written  per- 
mits to  travel  over  the  highways  so  closed  or  restricted  to 
responsible  and  reputable  persons  for  such  term,  under  such 
conditions  and  in  such  form  as  said  commissioner  may  pre- 
scribe. Appropriate  notices  in  letters  at  least  three  inches 
high  shall  be  posted  conspicuously  at  each  end  of  any  high- 
way so  closed  or  restricted  by  such  order.  The  highway  com- 
missioner may  at  any  time  revoke  or  modify  any  order  so 
made. 

10.  Penalty  for  Going  upon  Closed  or  Restricted  Highway. 
Whoever  violates  any  order  made  under  section  9  shall  be  im- 
prisoned for  not  more  than  ten  days,  or  fined  not  more  than 
fifty  dollars,  or  both. 

11.  Rights  of  Labor.  Nothing  in  this  act  shall  be  con- 
strued to  impair,  curtail  or  destroy  the  rights  of  employees 
and  their  representatives  to  self -organization,  to  form,  join, 
or  assist  labor  organizations,  to  bargain  collectively  through 
representatives  of  their  own  choosing,  and  to  engage  in  con- 
certed activities,  for  the  purpose  of  collective  bargaining  or 
other  mutual  aid  or  protection  nor  to  make  strikes  illegal. 

12.  Severability.  If  any  provision  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, such  invalidity  shall  not  affect  other  provisions  or 
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. 


1941]  Chapter  48  57 

13.  Short  Title.  This  act  may  be  cited  as  the  Sabotage 
Prevention  Act. 

14.  Relation  to  Other  Statutes.  All  acts  and  parts  of  acts 
inconsistent  with  this  act  are  hereby  suspended  in  their 
application  to  any  proceedings  under  this  act.  If  conduct 
prohibited  by  this  act  is  also  made  unlawful  by  another  or 
other  laws,  the  offender  may  be  convicted  for  the  violation  of 
this  act  or  of  such  other  law  or  laws. 

15.  When  this  Act  is  in  Force.  This  act  shall  take  effect 
upon  its  passage  and  it  and  all  orders  made  under  it  shall  be 
in  force  until  May  15,  1945,  and  thereafter  whenever  the 
United  States  is  at  war:  Provided,  any  violation  of  this  act, 
committed  while  the  act  is  in  force,  may  be  prosecuted  and 
punished  thereafter,  whether  or  not  this  act  is  in  force  at  the 
time  of  such  prosecution  and  punishment. 

[Approved  April  4,  1941.] 


CHAPTER  48. 

AN  ACT  RELATING  TO  EXPLOSIVES. 

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

1.    Definitions.    As  used  in  this  act : 

I.  "Explosives"  means  gunpowders,  powders  used  for 
blasting,  high  explosives,  blasting  materials,  fuses  (other  than 
electric  circuit  breakers),  detonators  and  other  detonating 
agents,  smokeless  powder  and  any  chemical  compound  or  any 
chemical  mixture  containing  any  oxidizing  and  combustible 
units,  or  other  ingredients  in  such  proportions,  quantities,  or 
packing  that  ignition  by  fire,  friction,  concussion,  percussion 
or  detonation  of  any  part  thereof  may  and  is  intended  to  cause 
an  explosion  but  shall  not  include  petroleum  products,  turpen- 
tine, acetone,  ethyl,  ether  and  benzol.  Fixed  ammunition  for 
small  arms,  firecrackers  or  matches  shall  not  be  held  to  be  ex- 
plosives when  the  individual  units  contain  any  of  the  above- 
mentioned  articles  in  such  limited  quantity  or  of  such  nature 
and  in  such  packing  that  it  is  impossible  to  produce  an  ex- 
plosion of  such  units  to  the  injury  of  life,  limb  or  property. 

II.  "Person"  includes  any  natural  person,  partnership, 
association  or  corporation. 


58  Chapter  48  [1941 

III.  "Manufacturer"  means  any  person  who  is  engaged 
in  the  manufacture  of  explosives  or  who  otherwise  produces 
any  explosive. 

IV.  "Dealer"  means  any  person,  not  a  manufacturer,  en- 
gaged in  the  business  of  buying  and  selling  explosives. 

2.  License.  No  person  shall  manufacture,  possess  or  deal 
in  explosives  unless  he  has  obtained  a  license  therefor  pur- 
suant to  the  provisions  of  section  3  of  this  act. 

3.  Applications  for  Licenses. 

I.  An  application  for  a  license  to  manufacture,  possess, 
or  deal  in  explosives  shall  be  made  to  the  commissioner  of 
weights  and  measures,  hereinafter  referred  to  as  the  com- 
missioner, and  shall  state,  among  other  things:  (1)  the 
name  and  address  of  the  applicant,  (2)  the  reason  for  desiring 
to  manufacture,  possess,  or  deal  in  explosives,  (3)  his  citizen- 
ship, if  the  applicant  is  an  individual,  (4)  if  the  applicant  is  a 
partnership,  the  names  and  addresses  of  the  partners  and 
their  citizenship,  and  (5)  if  the  applicant  is  an  association  or 
corporation,  the  names  and  addresses  of  the  officers  and 
directors  thereof  and  their  citizenship. 

4.  Notification  to  Adjutant  General.  Upon  receipt  of  an 
application,  the  commissioner  shall  notify  the  adjutant  gen- 
eral of  New  Hampshire  in  writing  of  such  application. 

5.  Issuance  of  License.  The  commissioner  shall  issue  the 
license  applied  for  unless  he  finds  that  either  the  applicant,  or 
the  officers,  agents  or  employees  of  the  applicant,  is  not 
sufficiently  experienced  in  the  manufacture  or  handling  of  or 
business  of  dealing  in  explosives,  lacks  suitable  facilities 
therefor,  has  been  convicted  of  a  crime  involving  moral 
turpitude,  or  is  disloyal  to  the  United  States. 

6.  Records.  Manufacturers  and  dealers  shall  keep  a 
record  of  all  explosives  shipped,  purchased  or  sold  by  them, 
which  records  shall  include  the  name  and  address  of  each 
consignee,  vendor  or  vendee,  the  date  of  each  shipment,  sale 
or  purchase  and  the  amount  and  kind  of  explosives  shipped, 
sold  or  purchased.  Such  record  shall  be  open  for  inspection 
by  duly  authorized  agents  of  the  licensing  authority  and  by 
all  federal,  state  and  local  law  enforcement  officers  at  all 
times. 

7.  Sale  to  Unlicensed  Persons.  No  dealer  shall  sell,  barter, 
give  or  dispose  of  explosives  to  any  person  who  does  not  hold 


1941]  Chapter  48  59 

a  license  to  possess  explosives  issued  under  the  provisions  of 
this  act. 

8.  Revocation;  Term  of  License;  Fees. 

I.  Any  license  issued  hereunder  may  be  revoked  by  the 
commissioner  on  any  ground  specified  herein  as  a  ground  for 
denying  an  application  for  such  license. 

II.  All  licenses  issued  hereunder  shall  expire  on  the 
thirty-first  of  December  of  each  year,  unless  sooner  revoked. 

III.  Each  application  for  a  license  hereunder  shall  be 
accompanied  by  the  fee  hereinafter  prescribed,  which  fee  shall 
be  returned  in  the  event  such  application  is  denied.  The 
license  fees  shall  be  as  follows:  Manufacturer's  license,  ten 
dollars;  dealer's  license,  five  dollars;  possessor's  license,  one 
dollar,  provided,  however,  that  no  fee  shall  be  required  of 
possessors  holding  explosives  for  agricultural  use. 

9.  Appeals.  Any  person  who  has  been  denied  a  license  or 
whose  license  has  been  revoked  by  the  commissioner  shall 
have  the  same  remedy  by  way  of  appeal  as  is  provided  under 
the  provisions  of  sections  14  to  33,  inclusive,  chapter  107  of 
the  Laws  of  1937. 

10.  Rules  and  Regulations.  The  commissioner  may  pre- 
scribe such  rules  and  regulations  as  he  may  deem  necessary 
and  proper  for  carrying  out  the  provisions  of  this  act. 

11.  Penalties.  Any  person  who  violates  any  provision  of 
this  act,  or  any  rule  or  regulation  made  hereunder,  shall,  up- 
on conviction,  be  imprisoned  for  a  term  of  not  more  than  six 
months,  or  shall  be  fined  not  more  than  one  hundred  dollars, 
or  both. 

12.  Exceptions.  The  provisions  of  this  act  shall  not  apply 
to  the  armed  forces  of  the  United  States,  the  national  guard, 
the  state  guard,  or  to  officers  or  employees  of  the  United 
States  or  of  this  state  or  its  political  subdivisions  who  are 
authorized  by  the  United  States  or  the  state  to  handle  ex- 
plosives. 

13.  Application  of  Laws.  Nothing  herein  contained  shall 
be  construed  as  repealing  the  provisions  of  or  rules  and  regu- 
lations made  under  the  authority  of  chapter  148  of  the  Public 
Laws. 

14.  Severability.  If  any  provision  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, such  invalidity  shall  not  affect  other  provisions  or 
applications  of  the  act  which  can  be  given  effect  without  the 


60  Chapter  49  [1941 

invalid  provision  or  application,    and   to   this   end   the   pro- 
visions of  this  act  are  declared  to  be  severable. 

15.  Repeal.  All  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  and  not  expressly  repealed  herein 
are  hereby  repealed. 

16.  Short  Title.  This  act  may  be  cited  as  the  Explosives 
Act. 

17.  Time  of  Taking  Effect.  This  act  shall  take  eifect 
April  1,  1941. 

[Approved  April  4,  1941.] 


CHAPTER  49. 

AN  ACT  RELATING  TO  FISH   AND  GAME. 

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

1.  Director  of  Fish  and  Game.  Amend  section  10  of 
chapter  196  of  the  Public  Laws  as  inserted  by  section  1, 
chapter  123  of  the  Laws  of  1935  and  amended  by  chapter  188 
of  the  Laws  of  1937  (section  10  of  chapter  231  of  the  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  10.  Powers  and  Duties.  It 
shall  be  the  duty  of  the  director  to  protect,  propagate  and 
preserve  the  fish,  game,  bird  and  wild  life  resources  of  the 
state  and  to  protect  and  conserve  the  non-game  birds  of  the 
state.  He  shall,  subject  to  the  limitations  hereinafter  set 
forth,  have  the  power  and  authority  to  make  and  enforce  rules 
and  regulations  to  make  adequate  and  effective  the  control, 
management,  restoration,  conservation  and  regulation  of  the 
fish,  game,  bird  and  wild  life  resources  of  the  state.  Such 
power  and  authority  shall  include  the  right  to  open  and  close 
the  season  for  taking  fish,  the  right  to  fix  the  size,  number 
and  weight  limits  for  fish,  and  other  conditions  governing  the 
method  and  manner  of  taking  the  same.  Such  power  and 
authority  may  be  exercised  with  reference  to  the  state  as  a 
whole,  or  for  any  specified  county  or  part  thereof,  or  for  any 
lake,  pond,  stream  or  part  thereof.  Such  power  and  authority 
shall  not  extend  to  the  regulation  of  the  seasons  for  the  tak- 
ing of  game,  birds  or  other  wild  life  or  the  bag  limit  of  the 
same. 


1941]  Chapter  49  61 

2.  Amendment.  Further  amend  said  chapter  196  of  the 
Public  Laws  by  adding  after  section  10  thereof  the  following 
new  sections: 

10-a.  Hearings;  Rules  and  Regulations.  In  each  odd 
numbered  year  the  director  shall  hold  public  hearings  for  the 
purpose  of  hearing  interested  parties  with  respect  to  his 
duties,  as  set  forth  in  this  title.  Such  hearings  shall  be  held 
at  the  superior  court  house  in  Concord  commencing  at  10  a.  m. 
on  the  first  Monday  after  the  fourth  of  July,  and  at  the 
superior  court  house  at  Lancaster,  commencing  at  10  a.  m. 
on  the  first  Friday  following  the  first  Monday  after  the  fourth 
of  July.  It  shall  be  the  duty  of  the  members  of  the  commis- 
sion to  be  in  attendance  at  such  hearings.  In  the  event  of 
the  illness  of  the  director,  or  a  majority  of  the  comanission 
not  being  present,  or  other  unforeseen  contingency,  such  hear- 
ings shall  be  adjourned  or  postponed.  In  the  event  of  such 
adjournment  or  postponement  notice  of  the  time  of  sub- 
sequent hearing  shall  be  posted  at  such  court  house  and  given 
such  other  publicity  as  the  director  shall  deem  proper  to  give 
adequate  notice  thereof  to  interested  parties.  The  director 
may  in  his  discretion  conduct  other  public  or  private  hearings 
throughout  the  year  upon  petition  of  interested  parties.  At 
the  biennial  hearings  held  at  Concord  and  Lancaster  and  at 
other  public  hearings  that  the  director  shall  hold  in  accord- 
ance with  the  provisions  of  this  section,  any  person  having 
any  testimony  to  present  which  bears  upon  the  power  and 
authority  of  the  director  under  the  provisions  of  this  title, 
shall  be  given  full  opportunity  to  be  heard,  and  the  director 
shall  cause  a  complete  stenographic  record  to  be  kept  of  all 
testimony  taken. 

10-b.  Promulgation  of  Rules  and  Regulations.  Following 
the  public  hearings  at  Concord  and  Lancaster  as  provided  in 
section  10-a,  the  director,  with  the  approval  of  the  commis- 
sion, shall  promulgate  such  rules  and  regulations,  in  accord- 
ance with  the  authority  contained  in  section  10,  as  he  shall 
deem  suitable  in  the  accomplishment  of  the  purposes  of  said 
section  10.  All  such  rules  and  regulations  shall  be  published 
at  least  once  a  week  for  three  successive  weeks  in  at  least 
two  newspapers  having  general  circulation  throughout  the 
state,  and  in  such  other  newspapers,  magazines,  or  cii'culars 
as  the  director  may  in  his  discretion  deem  desirable  to  fairly 
appraise  the  public  of  the  same,  the  date  of  the  first  publi- 


62  Chapter  49  [1941 

cation  to  be  not  later  than  September  first  following  said  hear- 
ings. An  attested  copy  of  said  rules  and  regulations  shall  also 
be  sent,  not  later  than  said  first  day  of  September,  to  each 
town  or  city  clerk,  to  the  office  of  each  county  solicitor,  to 
each  conservation  officer,  and  shall  be  filed  in  the  office  of  the 
secretary  of  state.  Copies  thereof  shall  also  be  made  avail- 
able at  the  office  of  the  director  for  distribution  to  applicants 
therefor. 

10-c.  Effective  Date  of  Rules  and  Regulations.  Such  rules 
and  regulations  shall  take  effect  on  January  first  of  the  year 
following  their  promulgation,  and  shall  remain  in  effect  until 
altered  or  revoked  by  the  director,  with  the  approval  of  the 
commission,  in  the  manner  hereinbefore  provided  for  the 
initial  promulgation  of  rules  and  regulations. 

10-d.  Areas  Closed  Temporarily  to  Hunting.  Notwith- 
standing the  other  provisions  of  this  chapter,  the  director 
shall  have  the  power  and  authority  to  close  to  hunting  any 
area  in  which  it  is  in  his  opinion  dangerous  to  human  life  to 
hunt  thereon  because  of  people  working  therein,  and  he  shall 
have  the  power  and  authority  to  close  any  season  for  the 
taking  of  fish  in  any  area  for  not  over  thirty  days  in  any 
calendar  year  when  in  his  opinion  such  action  shall  be  neces- 
sary for  the  protection  or  preservation  of  the  fish  in  such 
area.  Any  rule,  regulation  or  order  of  the  director  issued 
pursuant  to  this  section  shall  take  effect  at  such  time  as  shall 
be  stated  therein  and  shall  be  given  such  publication  as  the 
director  may  in  his  discretion  deem  proper  to  fairly  acquaint 
the  residents  of  the  locality  affected  thereby  of  the  provisions 
thereof. 

10-e.  Severability.  The  rules  and  regulations  of  the 
director  promulgated  under  the  provisions  of  this  chapter 
shall  be  deemed  to  be  severable  and  if  any  provision  or  the 
application  thereof  shall  be  held  invalid,  the  remainder  shall 
not  be  affected  thereby. 

10-f.  Penalties.  Whenever  the  director  shall  by  rule  or 
regulation,  pursuant  to  the  provisions  of  this  chapter,  alter 
existing  provisions  of  law,  the  penalties  applicable  in  cases  of 
violation  of  such  provisions  of  law  as  shall  be  changed  by  such 
action  of  the  director,  shall  apply  to  violations  of  the  rules  and 
regulations  of  the  director  amendatory  to  or  substituted  for 
such  changed  provisions  of  law. 


1941]  Chapter  50  63 

3.  Release  of  Information.  Amend  section  11  of  said 
chapter  196  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following  new  section:  11.  Release  of  Infor- 
mation. The  fish  and  game  commission  or  the  director  shall 
release  at  such  time  as  they  deem  advisable  for  newspaper 
and  other  publications  the  number  and  size  of  fish  planted, 
but  in  no  instance  shall  any  employee  of  the  fish  and  game  de- 
partment disclose  where  or  when  they  were  or  will  be  planted. 
The  director  may  penalize  any  employee  who  violates  the  pro- 
visions of  this  section  as  he  deems  reasonable  and  just. 

4.  Violation  of  Rules  and  Regulations.  Amend  said 
chapter  196  by  striking  out  section  12  and  inserting  in  place 
tliereof  the  following  new  section:  12.  Violation  of  Rules 
and  Regulations.  Whoever  violates  any  rule,  regulation  or 
order  of  the  director  issued  pursuant  to  the  authority  con- 
tained in  the  preceding  sections  of  this  chapter,  for  which 
violation  no  specific  penalty  is  provided,  shall  be  fined  not 
more  than  fifty  dollars  or  imprisoned  not  more  than  thirty 
days,  or  both. 

5.  Continuation  of  Laws.  Existing  laws  relating  to  the 
opening  and  closing  of  seasons  for  taking  fish,  the  size,  num- 
ber and  weight  limits  of  fish,  and  other  conditions  governing 
the  method  and  manner  of  taking  fish,  shall  be  continued  in 
full  force  and  effect  until  altered  by  rule  or  regulation  of  the 
director  as  provided  in  this  act. 

6.  T^es  Effect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  8,  1941.] 


CHAPTER  50. 

AN  ACT  RELATIVE  TO  TAKING  BROOK  TROUT.* 

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

1.  Provisions  for  Taking  Brook  Trout.  Amend  chapter  201 
of  the  Public  Laws,  as  inserted  by  chapter  169,  Laws  of  1939, 
and  as  amended  by  chapters  192  and  193  of  the  Laws  of  1939 
(chapter  236,  commissioners'  report)  and  as  further  amended 
by  chapter  38,  Laws  of  1941,  by  striking  out  sections  1  to  9, 
inclusive,    and    inserting    in    place    thereof    the    following: 


*  See  also  chapters  83,  94,  95.  96  and  167,  post. 


64  Chapter  50  [1941 

1.  Brook  Trout.  Brook  trout  not  less  than  six  inches  in 
length  may  be  taken  and  possessed  from  May  first  to  Septem- 
ber first  in  all  waters  of  the  state  and  by  the  use  of  artificial 
flies  only  in  lakes  and  ponds  during  the  month  of  September, 
except  in  those  waters  closed  to  all  fishing  and  except  as 
specifically  provided  in  the  following  three  sections.  2.  Fly 
Fishing  Only.  In  the  following  waters  brook  trout  not  less 
than  six  inches  in  length  may  be  taken  from  May  first  to 
October  first  by  the  use  of  artificial  flies  only.  During  said 
period  in  said  waters  no  fish  of  any  kind  may  be  taken  except 
by  the  use  of  artificial  flies.  I.  Clarksville  pond,  Clarksville; 
Inlet  and  tributaries  to  the  Second  Connecticut  lake,  Pitts- 
burg; Coon  Brook  Bog,  Pittsburg.  II.  Echo  lake,  Conway; 
Glen  Ellis  river,  between  covered  bridge  in  Jackson  and  Good- 
rich Falls  dam  in  Bartlett;  Hunkins  pond,  Sanbornton;  James 
pond,  Tam worth.  III.  March  pond,  Hill;  Little  Millsfield 
pond,  Millsfield;  Moody  pond,  Weare;  Moose  pond,  Millsfield; 
Newfound  river,  from  the  dam  at  the  foot  of  Newfound  lake 
to  the  Dodge  and  Davis  woolen  mill  in  Bristol;  Profile  lake, 
Franconia.  IV.  Scobie's  pond,  Derry;  Scott's  Bog,  Pitts- 
burg; Shaw  pond,  Franklin;  Stirrup  Iron  pond,  Salisbury; 
Stonehouse  pond,  Barrington;  Swift  river,  Tam  worth;  White 
pond,  Ossipee.  In  the  waters  named  in  this  section  no  fish  of 
any  kind  shall  be  taken  in  any  manner  from  October  first  to 
May  first.  3.  Coos  County.  Brook  trout  not  less  than  six 
inches  in  length  may  be  taken  and  possessed  from  May 
fifteenth  to  September  first,  and  during  the  month  of 
September  by  the  use  of  artificial  flies  only,  in  the  ponds  and 
lakes  in  Coos  county.  4.  Ten-Iinch  Trout.  Brook  trout 
not  less  than  ten  inches  in  length  may  be  taken  with  and 
by  the  use  of  artificial  flies  only  in  Big  Brook,  Big  Brook 
Bog,  and  their  tributaries  north  of  the  highway  leading 
from  the  First  to  the  Second  Connecticut  lake  from  May  fiirst 
to  September  first.  In  Big  Brook  Bog  said  trout  may  be 
taken  during  the  month  of  September  by  the  use  of  artificial 
flies  only.  5.  Limits.  During  the  open  season  therefor  as 
provided  in  the  preceding  sections  of  this  chapter  no  person 
may  take  more  than  fifteen  brook  trout  or  more  than  five 
pounds  in  weight  in  one  day,  provided  that  so  long  as  he  has 
taken  less  than  fifteen  in  number  and  less  than  five  pounds 
in  weight  he  shall  be  entitled  to  take  one  additional  fish.  No 
person  shall  have  in  his  possession  at  one  time  more  than  two 
days'  catch  of  brook  trout. 


1941]  Chapters  51,  52  65 

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

[Approved  April  8,  1941.] 


CHAPTER  51. 


AN  ACT  RELATIVE  TO  DUTIES  OF  TOWN  CLERKS  AND  SUPERVISORS 
OF  THE  CHECKLISTS. 

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

1.  Supervisors  of  Checklists.  Amend  chapter  24  of  the 
Public  Laws  (chapter  32,  commissioners'  report)  by  inserting 
after  section  12  the  following  new  section:  12-a.  Reports 
from  Town  Clerks.  Whenever  there  is  filed  in  his  office  an 
official  notice  of  the  death  of  any  person  or  persons  of  the  age 
of  twenty-one  years  or  over,  the  town  clerk  shall  notify  the 
supervisors  of  the  checklist  of  said  deaths  by  submitting  a  list 
of  same  to  the  supervisors  at  their  next  regular  meeting.  Up- 
on receipt  of  such  notice  the  board  of  supervisors  shall  ex- 
amine the  checklist  and  if  the  name  of  said  deceased  person 
appears  thereon  it  shall  be  removed  prior  to  the  next  election. 
Any  supervisor  who  shall  neglect  or  refuse  to  erase  the  name 
of  such  deceased  voter  from  the  checklist  after  receiving  such 
notice  from  the  town  clerk  shall  be  fined  not  more  than  fifty 
dollars.  The  words  town  clerk  shall  also  be  construed  to  in- 
clude city  clerk  and  the  words  supervisors  of  the  checklist 
shall  also  be  construed  to  include  registrars  of  voters. 

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

[Approved  April  8,  1941.] 


CHAPTER  52. 


AN  ACT  RELATIVE  TO  FILING  OF  DECLARATIONS  AS  TO  QUALIFI- 
CATIONS FOR  HOLDING  OFFICE  OF  REPRESENTATIVE  OR 
SENATOR. 

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

1.     Nomination   of   Candidates.     Amend  chapter  25  of  the 
Public  Laws   (commissioners'  report,  chapter  33)  by  adding 


66  Chapter  53  [1941 

after  section  6  the  following  new  section:  6-a.  Affidavit. 
It  shall  be  the  duty  of  the  secretary  of  state  to  prepare  forms 
for  affidavit  to  be  sworn  to  by  a  candidate  for  nomination  for 
the  office  of  representative  or  senator  covering  his  qualifica- 
tions as  to  age  and  residence  for  said  office.  The  secretary  of 
state  shall  not  print  upon  the  primary  ballot  of  any  party  the 
name  of  any  person  unless  there  is  filed  with  him  such  an 
affidavit.  After  the  publication  of  the  canvass  of  returns  as 
provided  by  section  44  the  secretary  shall  require  the  filing 
with  him  of  like  affidavits  from  nominees  for  such  offices  who 
have  not  previously  filed  such  affidavits  and  in  case  such 
affidavit  is  not  filed  the  secretary  of  state  may  declare  a 
vacancy  upon  the  party  ticket  so  resulting,  which  said 
vacancy  shall  be  filled  as  provided  by  section  47.  The  secre- 
tary of  state  is  hereby  authorized  to  determine,  by  regulation, 
when  the  affidavits  required  hereunder  shall  be  filed  with  him 
but  no  affidavits  shall  be  accepted  which  are  filed  with  the 
secretary  of  state  later  than  the  time  provided  for  filing 
nominations. 

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

[Approved  April  8,  1941.] 


CHAPTER  53. 


AN    ACT    RELATIVE    TO    REGISTRATION    OF    MOTOR    VEHICLES    BY 

PERSONS  ENTERING  THE  MILITARY  SERVICE  OF  THE 

UNITED  STATES  FOR  NATIONAL  DEFENSE. 

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

1.  Motor  Vehicle  Registration.  Any  person  who  is 
ordered  into  or  enlists  in  the  military  or  naval  service  of  the 
United  States  in  connection  with  the  strengthening  of  the 
national  defense  in  the  present  emergency  may  make 
application  to  the  motor  vehicle  commissioner  stating  the  fact 
of  such  service  and  requesting  suspension  of  registration  of 
any  motor  vehicle  owned  by  him  during  such  service.  Upon 
receipt  of  such  application  the  motor  vehicle  commissioner  is 
hereby  authorized  to  suspend  registration  of  such  motor 
vehicle  for  such  time  and  to  reimburse  said  person  a  portion 


1941]  Chapter  54  67 

of  the  registration  fees  paid  by  him  for  the  current  year  on 
a  pro  rata  basis  according  to  the  number  of  months  said  motor 
vehicle  is  unused.  Any  refunds  made  under  the  provisions 
hereof  shall  be  a  charge  upon  the  funds  of  the  motor  vehicle 
department.  Upon  the  termination  of  such  service,  upon 
application,  the  motor  vehicle  commissioner  shall  reregister 
said  vehicle  for  the  then  current  year  upon  payment  of  a  like 
pro  rata  fee. 

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

[Approved  April  8,  1941.] 


CHAPTER  54. 


AN  ACT  LIMITING  THE  CLAIMS  OF  CREDITORS  AGAINST  THE  REAL 
ESTATE  OF  DECEASED  PERSONS. 

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

1.  Limitation  of  Claims.  Amend  chapter  302  of  the  Public 
Laws  (chapter  346  of  the  Revised  Laws,  commissioners'  re- 
port) by  adding  after  section  28  the  following  new  sections: 

29.  Two- Year  Limitation.  If  no  administration  shall  have 
been  granted  upon  the  estate  of  a  deceased  person  within  two 
years  from  the  date  of  death,  no  creditor  of  the  deceased  shall 
thereafter  be  entitled  to  maintain  any  action  or  proceeding  in 
any  court  to  appropriate  the  real  estate  or  interests  therein 
of  which  the  deceased  died  seized,  to  the  payment  or  satis- 
faction in  whole  or  in  part  of  his  claim  against  the  estate. 

30.  Estates  of  Presently  Deceased  Persons.  The  provisions 
of  section  29  shall  not  apply  to  the  estate  of  a  person  de- 
ceased prior  to  the  date  this  act  takes  effect  until  two  years 
from  said  date. 

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

[Approved  April  8,  1941,  5:00  o'clock  p.  m.] 


68  Chapter  55  [1941 

CHAPTER  55. 

AN  ACT  TO  MAKE  UNIFORM  THE  LAW  WITH  REFERENCE  TO  DIS- 
POSITION OF  PROPERTY  WHERE  THERE  IS  NO  SUFFICIENT 
EVIDENCE  THAT  PERSONS  HAVE  DIED  OTHERWISE 
THAN  SIMULTANEOUSLY, 

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

1.  No  Sufficient  Evidence  of  Survivorship.  Where  the 
title  to  property  or  the  devolution  thereof  depends  upon 
priority  of  death  and  there  is  no  sufficient  evidence  that  the 
persons  have  died  otherwise  than  simultaneously,  the  property 
of  each  person  shall  be  disposed  of  as  if  he  had  survived,  ex- 
cept as  provided  otherwise  in  this  act. 

2.  Beneficiaries  of  Another  Person's  Disposition  of 
Property.  Where  two  or  more  beneficiaries  are  designated  to 
take  successively  by  reason  of  survivorship  under  another  per- 
son's disposition  of  property  and  there  is  no  sufficient  evidence 
that  these  beneficiaries  have  died  otherwise  than  simultane- 
ously, the  property  thus  disposed  of  shall  be  divided  into  as 
many  equal  portions  as  there  are  successive  beneficiaries  and 
these  portions  shall  be  distributed  respectively  to  those  who 
would  have  taken  in  the  event  that  each  designated  beneficiary 
had  survived. 

3.  Joint  Tenants  or  Tenants  by  the  Entirety.  Where  there 
is  no  sufficient  evidence  that  two  joint  tenants  or  tenants  by 
the  entirety  have  died  otherwise  than  simultaneously  the 
property  so  held  shall  be  distributed  one-half  as  if  one  had 
survived  and  one-half  as  if  the  other  had  survived.  If  there 
are  more  than  two  joint  tenants  and  all  of  them  have  so  died 
the  property  thus  distributed  shall  be  in  the  proportion  that 
one  bears  to  the  whole  number  of  joint  tenants. 

4.  Insurance  Policies.  Where  the  insured  and  the  bene- 
ficiary in  a  policy  of  life  or  accident  insurance  have  died  and 
there  is  no  sufficient  evidence  that  they  have  died  otherwise 
than  simultaneously  the  proceeds  of  the  policy  shall  be  dis- 
tributed as  if  the  insured  had  survived  the  beneficiary. 

5.  Act  Not  Retroactive.  This  act  shall  not  apply  to  the 
distribution  of  the  property  of  a  person  who  has  died  before 
it  takes  effect. 

6.  Act  Does  Not  Apply  if  Decedent  Provides  Otherwise. 
This  act  shall  not  apply  in  the  case  of  wills,   living  trusts, 


1941]  Chapter  56  69 

deeds,  or  contracts  of  insurance  wherein  provision  has  been 
made  for  distribution  of  property  different  from  the  provisions 
of  this  act. 

7.  Uniformity  of  Interpretation.  This  act  shall  be  so  con- 
strued and  interpreted  as  to  effectuate  its  general  purpose  to 
make  uniform  the  law  in  those  states  which  enact  it. 

8.  Short  Title.  This  act  may  be  cited  as  the  Uniform 
Simultaneous  Death  Act. 

9.  Repeal.  All  laws  or  parts  of  laws  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

10.  Severability.  If  any  of  the  provisions  of  this  act  or 
the  application  thereof  to  any  persons  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  provisions  or  application,  and  to  this  end  the  pro- 
visions of  this  act  are  declared  to  be  severable. 

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

[Approved  April  8,  1941,  5:00  o'clock  p.  m.] 


CHAPTER  56. 

AN  ACT  RELATIVE  TO  OFFICE  HOURS  FOR  STATE  EMPLOYEES. 

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

1.  State  Offices  and  Departments.  Amend  section  13  of 
chapter  19  of  the  Public  Laws  (section  19,  chapter  27,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  13.  Office  Hours.  All  state 
offices  and  departments  shall  be  open  continuously  for  the 
transaction  of  public  business  between  the  hours  of  eight- 
thirty  o'clock  in  the  forenoon  and  five  o'clock  in  the  afternoon 
each  day  of  the  week  except  Sunday;  provided,  that  such 
offices  and  departments  may  be  closed  on  legal  holidays,  on 
Saturday  afternoons  throughout  the  year  and  on  Saturday 
forenoons  during  the  months  of  July  and  August,  if  not  in- 
compatible with  public  business. 

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

[Approved  April  8,  1941.] 


70  Chapters  57,  58  [1941 

CHAPTER  57. 

AN  ACT    RELATIVE    TO    THE    PROTECTION    OF    STATE    AND    OTHER 

HIGHWAYS. 

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

1.  Protection  of  Highways.  Amend  chapter  91  of  the 
Public  Laws  (chapter  107,  commissioners'  report)  by  adding 
after  section  1  the  following  new  section:  1-a.  Snow 
Obstruction.  It  shall  be  unlawful  to  put  or  place  or  cause  to 
be  put  or  placed  any  snow  or  ice  upon  the  surface  of  the 
traveled  portion  of  state,  state-aided,  secondary  or  trunk  line 
highways  for  any  purpose,  except  to  provide  a  place  neces- 
sary for  crossing,  recrossing  and  traveling  upon  said  highways 
by  sleds,  logging  or  farm  equipment.  The  provisions  of  this 
section  shall  not  apply  where  snow  or  ice  is  pushed  across  the 
traveled  surface  of  said  highways  for  the  purpose  of  snow  re- 
moval from  land  adjoining  said  highways. 

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

[Approved  April  8,  1941.] 


CHAPTER  58. 

AN  ACT  PROHIBITING  THE  OBSTRUCTING  OF  DRIVEWAYS. 

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

1.  Obstructing  Access  to  Highways.  Amend  chapter  378 
of  the  Public  Laws  by  inserting  after  section  10  (chapter  430, 
section  9  of  the  commissioners'  report)  the  following  new  sec- 
tions: 10-a.  Prohibition.  No  person  shall  obstruct  the 
highway  by  parking  an  automobile,  other  vehicle  or  object  in 
or  in  front  of  a  driveway  to  any  dwelling,  store,  shop  or  other 
place  of  business,  factory,  field  or  forest  so  as  to  obstruct  the 
passage  of  vehicles  from  the  highway  into  such  driveway  or 
from  such  driveway  into  the  highway.  10-b.  Removal  of 
Obstruction;  Lien.  Any  inspector  of  the  motor  vehicle  de- 
partment, police  officer,  sheriff,  deputy  sheriff  or  selectman  is 
hereby  authorized,  if  in  his  opinion  the  same  is  necessary,  to 
employ  a  wrecker  or  other  apparatus  to  remove  such  obstruc- 
tion at  the  expense  of  the  owner  or  operator  of  said  obstruct- 


1941]  Chapter  59  71 

ing  vehicle  or  object  and  the  owner  or  operator  of  the  wrecker 
or  apparatus  used  in  said  removal  shall  have  a  lien  upon  the 
vehicle  or  object  so  removed  for  his  fee  or  charge  for  said  re- 
moval. 

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

[Approved  April  8,  1941.] 


CHAPTER  59. 

AN  ACT  RELATING  TO  KENNEL  LICENSES. 

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

1.  Owners  of  Dogs  Under  Kennel  Licenses.  Amend  sec- 
tion 10  of  chapter  150  of  the  Public  Laws,  as  amended  by 
chapter  61,  Laws  of  1927  (section  10,  chapter  176,  commis- 
sioners' report)  by  adding  after  the  word  "dollars"  in  the 
ninth  line  the  words,  provided  that  if  the  number  of  dogs 
owned  by  such  licensee  exceeds  twenty-five  there  shall  be  an 
additional  fee  of  one  dollar  for  each  dog  in  excess  of  twenty- 
five,  so  that  said  section  as  amended  shall  read  as  follows: 
10.  Kennels;  Breeders.  The  owner  or  keeper  of  five  or  more 
dogs,  and  any  breeder  of  dogs,  shall  annually  on  or  before 
April  thirtieth  procure  a  license  authorizing  him  to  keep  such 
dogs  upon  the  premises  described  in  the  license  or  off  the 
premises  while  under  his  control.  If  the  number  of  dogs  does 
not  exceed  five,  the  fee  for  such  license  shall  be  twelve  dollars ; 
if  the  number  exceeds  five  and  does  not  exceed  ten,  the  fee 
shall  be  twenty  dollars,  and  if  the  number  exceeds  ten,  the 
fee  shall  be  twenty-five  dollars,  provided  that  if  the  number 
of  dogs  owned  by  such  licensee  exceeds  twenty-five  there  shall 
be  an  additional  fee  of  one  dollar  for  each  dog  in  excess  of 
twenty-five.  No  fee  shall  be  required  for  the  dogs  of  such 
owner  or  keeper  which  are  under  the  age  of  three  months; 
and  for  dogs  becoming  three  months  of  age  after  May  first, 
or  which  may  be  brought  from  without  the  state  after  May 
first,  the  fee  shall  be  such  proportionate  sum  for  licenses  as 
the  remaining  portion  of  the  year  bears  to  the  sum  required 
for  a  license  for  a  whole  year.  The  provisions  of  sections  6, 
7  and  9  hereof  shall  not  apply  to  licenses  under  the  provisions 
of  this  section. 


72  Chapters  60,  61  [1941 

2.    Takes   Effect.     This   act   shall  take   effect   as   to   the 
licensing  of  dogs  on  or  before  April  thirtieth,  1942. 
[Approved  April  8,  1941.] 


CHAPTER  60. 


AN  ACT  RELATIVE  TO  INVESTMENTS  BY  SAVINGS  BANKS  IN  FIRE 
INSURANCE  STOCK. 

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

1.  Legal  Investments  for  Savings  Banks.  Amend  sec- 
tion 12,  chapter  262,  Public  Laws  (section  12,  chapter  301, 
commissioners'  report)  by  adding  after  paragraph  XIV,  as 
amended  by  section  22,  chapter  122,  Laws  of  1929,  the  follow- 
ing new  paragraph :  XlV-a.  Fire  Insurance  Stock.  The 
dividend-paying  capital  stock  of  senior  preference  of  any  fire 
insurance  company  incorporated  in  the  United  States  outside 
of  New  Hampshire,  and  licensed  to  do  business  as  a  fire  in- 
surance company  under  the  laws  of  this  state,  having  a  total 
capital  stock  of  not  less  than  two  million  dollars  and  surplus 
of  not  less  than  one  and  one-half  times  the  amount  of  the  un- 
earned premiums ;  provided  that  such  company  has  been  doing 
business  at  least  ten  years  and  has  paid  a  dividend  in  each  of 
the  five  years  next  preceding  such  investment.  If  any  such 
company  has  only  one  class  of  stock  outstanding  that  class 
shall  be  considered  stock  of  senior  preference  for  the  purposes 
hereof. 

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

[Approved  April  10,  1941.] 


CHAPTER  61. 

an  act  relating  to  trust  companies. 

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

1.  Trust  Companies.  Amend  section  6  of  chapter  264  of 
the  Public  Laws  (section  6  of  chapter  303  of  the  commission- 
ers' report)  by  striking  out  the  whole  of  said  section  and  in- 


1941]  Chapter  62  73 

serting  in  place  thereof  the  following :  6.  Reserves.  Every 
such  corporation  shall  at  all  times  maintain  as  a  reserve  an 
amount  equal  to  at  least  fifteen  per  cent  of  the  aggregate 
amount  of  the  demand  deposits  in  its  commercial  department 
plus  an  amount  equal  to  at  least  five  per  cent  of  the  time  de- 
posits in  said  department.  Such  reserve  shall  consist  of  law- 
ful money  of  the  United  States  or  balances  due  from  other 
banks.  The  board  of  trust  company  incorporation  created 
under  chapter  265  of  the  Public  Laws  (chapter  304  of  the 
commissioners'  report)  may  change  the  reserve  requirements, 
provided  that  said  board  shall  not  increase  the  reserve  re- 
quirements for  any  bank  in  excess  of  the  percentages  pre- 
scribed for  banks  located  in  this  state  which  are  members  of 
the  Federal  Reserve  System.  No  new  loan  or  investment  shall 
be  made  by  such  corporation  when  its  reserve  is  not  in  accord- 
ance with  the  requirements  of  this  section. 

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

[Approved  April  10,  1941.] 


CHAPTER  62. 


AN    ACT    RELATING    TO    POWER    OF    COUNTY    DELEGATIONS    TO 

INVESTIGATE. 

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

1.  Powers  of  County  Conventions.  Amend  section  7, 
chapter  35  of  the  Public  Laws  (section  9,  chapter  44,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  7.  Investigations.  The 
county  convention  by  a  vote  of  a  majority  of  all  its  members 
may  appoint  a  committee  of  its  own  members,  not  to  exceed 
five,  and  not  over  three  to  be  of  either  of  the  two  major 
political  parties,  to  investigate  conditions  pertaining  to  the 
conduct  of  county  affairs  by  any  county  officer  or  any  person 
appointed  or  employed  by  such  officer,  which  committee  shall 
have  power  to  summon  witnesses,  examine  them  under  oath, 
secure  a  transcript  of  the  testimony  and  do  other  necessary 
acts  to  conduct  such  an  investigation. 


74  Chapter  63  [1941 

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

[Approved  April  10,  1941.] 


CHAPTER  63. 


AN  ACT  RELATING  TO  PROOF  OF  FINANCIAL  RESPONSIBILITY  BY 
OWNERS  AND  OPERATORS  OF  MOTOR  VEHICLES. 

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

1.  Motor  Vehicle  Financial  Responsibility.  Amend  sec- 
tion 3  of  chapter  161  of  the  Laws  of  1937  (section  3,  chapter 
122,  commissioners'  report)  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  3.  Proof  Required 
Upon  Conviction  for  Motor  Vehicle  Law  Violations.  Upon 
receipt  of  an  abstract  of  the  record  in  case  of  conviction  of 
any  person  for  a  violation  of  such  of  the  provisions  of  any 
state  law  relative  to  motor  vehicles  as  the  commissioner  shall 
determine  the  commissioner  may  forthwith  suspend  the 
license  of  the  person  so  convicted  and  the  registration  cer- 
tificates of  any  motor  vehicle,  trailer  or  semi-trailer  registered 
in  the  name  of  such  person  and  require  the  surrender  of  the 
registration  plates  of  any  such  vehicle,  unless  and  until  such 
person  gives  and  thereafter  maintains  proof  of  his  financial 
responsibility  in  the  future.  The  commissioner  shall  take 
action  as  required  in  this  section  upon  receiving  proper 
evidence  of  any  such  conviction  of  any  person  in  another 
state. 

2.  Exceptions.  Amend  section  9  of  said  chapter  161 
(section  8  of  said  chapter  122)  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  9.  Limitation. 
The  provisions  of  section  6  shall  not  apply :  (a)  to  the  owner 
of  a  motor  vehicle,  trailer  or  semi-trailer  operated  by  one 
having  obtained  possession  or  control  thereof  without  his  ex- 
press or  implied  consent;  (b)  to  either  the  owner  or  operator 
of  a  motor  vehicle,  trailer  or  semi-trailer  involved  in  an 
accident  when  the  commissioner  shall  be  satisfied  that  neither 
caused  nor  contributed  to  cause  the  accident;  (c)  to  either 
the  owner  or  operator  of  a  motor  vehicle,  trailer  or  semi- 
trailer involved  in  an  accident  that  was  caused  by  the  criminal 


1941]  Chapter  64  75 

act  of  a  third  party,  for  which  criminal  act  such  other  party 
has  been  convicted;  (d)  to  either  the  owner  or  operator  of  a 
motor  vehicle,  trailer  or  semi-trailer  involved  in  an  accident 
wherein  no  damage  or  injury  was  caused  to  other  than  the 
person  or  property  of  such  owner  or  operator. 

3.  Takes  Effect.  This  act  shall  take  effect  at  12:01  a.  m. 
of  the  day  following  its  passage.  The  exemptions  added  by 
this  act  shall  apply  in  cases  of  accidents  that  shall  have 
occurred  since  September  1,  1937. 

[Approved  April  10,  1941.] 


CHAPTER  64. 


AN  ACT  RELATING  TO  THE  REGULATION,  AT  CERTAIN  RAILROAD 

CROSSINGS,  OF  MOTOR  VEHICLES  CARRYING  PASSENGERS 

FOR  HIRE. 

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

1.  Operation  of  Motor  Vehicles  Carrying  Passengers  for 
Hire.  Amend  Public  Laws,  chapter  258,*  section  4  (chapter 
295,  section  4  of  the  commissioners'  report)  by  adding  to  the 
end  thereof  the  following:  provided,  however,  that  the  com- 
mission, after  such  investigation  as  it  deems  proper,  may  by 
order  exempt  from  the  provisions  of  this  section  the  oper- 
ations of  such  motor  vehicles  at  designated  railroad  crossings 
subject  to  such  terms  and  conditions,  if  any,  as  it  shall  specify 
in  said  order,  so  that  said  section  as  amended  shall  read:  4. 
Crossing  Railroads.  When  a  highway  crosses  the  tracks  of  a 
steam  railroad  at  grade  every  operator  of  such  a  motor 
vehicle  upon  the  highway  shall,  when  approaching  the  point 
of  intersection,  stop  said  motor  vehicle  not  more  than  fifty 
nor  less  than  twenty  feet  from  the  crossing  and,  before  at- 
tempting to  cross,  shall  carefully  examine  for  approaching 
trains,  and  shall  not  proceed  to  cross  until  he  has  ascertained 
that  no  trains  are  approaching;  provided,  however,  that  the 
commission,  after  such  investigation  as  it  deems  proper,  may 
by  order  exempt  from  the  provisions  of  this  section  the 
operations  of  such  motor  vehicles  at  designated  railroad  cross- 
ings subject  to  such  terms  and  conditions,  if  any,  as  it  shall 
specify  in  said  order. 


*  Repealed  as  of  April  1,  1942,  see  chapter  224,  post. 


76  Chapter  65  [1941 

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

[Approved  April  15,  1941.] 


CHAPTER  65. 


AN    ACT    TO    AUTHORIZE    TOWNS    TO    APPROPRIATE    MONEY    FOR 
FLOOD  CONTROL  PURPOSES. 

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

1.  Town  Appropriations.  Amend  chapter  42  of  the  Public 
Laws  (chapter  51,  commissioners'  report)  by  adding  after 
paragraph  XXX  of  section  4,  as  inserted  by  section  1, 
chapter  20,  Laws  of  1939,  the  following  new  paragraph: 
XXXI.  Flood  Control.  To  defray  the  expense  of  acquir- 
ing, constructing,  controlling,  operating  and  maintaining  flood 
control  dams  at  any  point  in  the  state  on  any  stream  or  tribu- 
tary thereof,  whose  waters  ultimately  flow  through  the  town 
in  whole  or  in  part;  provided,  however,  that  no  town  during 
any  one  year  may  appropriate  for  such  purposes  more  than 
one-quarter  of  one  per  cent  of  the  assessed  valuation  of  the 
taxable  property  therein. 

2.  Payment  in  Lieu  of  Taxes.  Amend  section  10,  chapter 
60  of  the  Public  Laws  (section  11,  chapter  73,  commissioners' 
report)  by  adding  after  the  word  "supply"  in  the  second  line 
thereof  the  words,  or  flood  control,  so  that  said  section  as 
amended  shall  read  as  follows:  10.  Water  Works;  Flood 
Control.  Property  held  by  a  city,  town  or  district  in  another 
city  or  town  for  the  purpose  of  a  water  supply  or  flood  con- 
trol, if  yielding  no  rent,  shall  not  be  liable  to  taxation  therein, 
but  the  city,  town  or  district  so  holding  it  shall  annually  pay 
to  the  city  or  town  in  which  such  property  lies  an  amount 
equal  to  that  which  such  place  would  receive  for  taxes  upon 
the  average  of  the  assessed  value  of  such  land,  without  build- 
ings or  other  structures,  for  the  three  years  last  preceding 
legal  process  to  acquire  the  same,  or  other  acquisition  thereof, 
the  valution  for  each  year  being  reduced  by  all  abatements 
thereon;  but  any  part  of  such  land  or  buildings  from  which 
any  revenue  in  the  nature  of  rent  is  received  shall  be  subject 
to  taxation. 


1941]  Chapters  66,  67  77 

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

[Approved  April  15,  1941.] 


CHAPTER  66. 


AN     ACT     RELATIVE     TO     TOWN     APPROPRIATIONS     FOR     THE 
ACQUISITION  OF  CERTAIN  REAL  ESTATE. 

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

1.  Town  Appropriations.  Amend  chapter  42  of  the  Public 
Laws  (chapter  51  of  the  commissioners'  report)  by  adding 
after  section  17  the  following  new  section:  17-a.  Isolated 
Dwellings.  Whenever  a  town  may  find  that  real  estate  in 
said  town  is  in  an  isolated  location  and  is  uneconomic  for 
farm  or  home  use  said  town  may  at  any  legal  meeting  grant 
and  vote  such  sums  as  it  may  judge  necessary  to  purchase 
said  property.  The  property  acquired  under  the  provisions 
hereof  may  be  used  or  disposed  of  for  such  recreational, 
forestry  or  other  purposes  as  the  town  may  deem  to  be  in  the 
public  interest. 

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

[Approved  April  15,  1941.] 


CHAPTER  67. 

AN  ACT  RELATING  TO  SALT  WATER  SMELT. 

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

1.  Salt  Water  Smelt.  Amend  section  1  of  chapter  203  of 
the  Public  Laws  as  inserted  by  section  7,  chapter  124,  Laws 
of  1935,  and  as  amended  by  section  25,  chapter  188  of  the 
Laws  of  1937  (section  1,  chapter  238,  commissioners'  report) 
by  adding  after  the  word  "fish"  in  the  third  line  thereof,  the 
words,  salt  water  smelt,  so  that  said  section  as  amended  shall 
read  as  follows:  1.  License  Required,  etc.  No  person, 
except  as  hereinafter  provided,  shall  at  any  time  fish,  hunt, 
trap,  shoot,  pursue,  take  or  kill  fresh  water  fish,  salt  water 


78  Chapter  67  [1941 

smelt,  wild  birds  or  wild  animals  in  this  state,  without  first 
procuring  a  license  so  to  do,  and  then  only  in  accordance  with 
the  terms  of  such  license  and  subject  to  all  the  provisions  of 
this  title.  The  licensee  shall  wear  such  license,  prominently 
displayed,  on  the  front  of  the  outer  garment,  in  a  metal  case, 
furnished  by  the  department  at  the  time  such  license  is  issued, 
or  a  license  button  as  the  case  may  be,  and  the  same  shall  be 
subject  to  inspection  on  demand  by  any  person. 

2.  Licenses  for  Residents.  Amend  paragraph  I  of  sec- 
tion 5,  chapter  203,  Public  Laws,  as  inserted  by  section  7, 
chapter  124,  Laws  of  1935,  and  as  amended  by  section  1, 
chapter  156,  Laws  of  1937  (section  6,  chapter  238,  commis- 
sioners' report)  by  striking  out  the  word  "and"  in  the  sixth 
line,  and  by  inserting  after  the  word  "fish"  in  the  same  line 
the  words,  and  salt  water  smelt,  so  that  said  paragraph  as 
amended  shall  read  as  follows :  I.  If  the  applicant  is  a  resi- 
dent of  this  state  and  wishes  to  hunt  and  fish,  two  dollars  and 
thirty-five  cents,  and  the  agent  shall  thereupon  issue  a  resi- 
dent hunting  and  fishing  license,  which  shall  entitle  the 
licensee  to  hunt,  shoot,  kill  or  take,  except  by  the  use  of  traps, 
and  to  transport  game  birds,  game  animals,  fish  and  salt 
water  smelt,  under  the  restrictions  of  this  title. 

3.  Licenses  for  Nonresidents.  Amend  paragraph  IV  of 
section  5,  of  said  chapter  203  (section  6  of  said  chapter  238) 
by  striking  out  said  paragraph  and  inserting  in  place  thereof 
the  following:  IV.  If  the  applicant  is  a  nonresident  and 
wishes  to  take  fresh  water  fish  or  salt  water  smelt  only,  three 
dollars  and  eighty-five  cents,  and  the  agent  shall  thereupon 
issue  a  nonresident  fishing  license  which  shall  entitle  the 
licensee  to  kill,  take  and  transport  fresh  water  fish  and  salt 
water  smelt  under  the  restrictions  of  this  title,  provided  that 
if  said  applicant  wishes  to  take  said  fish  or  smelt  for  three 
consecutive  days,  one  dollar  and  thirty-five  cents,  and  the 
agent  shall  thereupon  issue  a  nonresident  fishing  license  for 
said  time  only,  under  the  restrictions  of  this  title. 

4.  Takes  Effect.  This  act  shall  take  effect  January  1, 
1942. 

[Approved  April  15,  1941.] 


1941]  Chapters  68,  69  79 

CHAPTER  68. 

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

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

1.  Nominees.  Amend  chapter  264  of  the  PubHc  Laws 
(chapter  303  of  the  commissioners'  report)  by  inserting  after 
section  17  the  following  new  section:  17-a.  Nominees. 
Any  trust  company  or  similar  corporation,  incorporated  under 
the  laws  of  this  state,  and  any  national  bank  duly  authorized 
and  located  within  the  state,  when  acting  in  a  fiduciary 
capacity,  either  alone  or  jointly  with  an  individual  or  in- 
dividuals, may,  with  the  consent  of  the  individual  fiduciary  or 
fiduciaries,  if  any,  who  are  hereby  authorized  to  give  such 
consent,  cause  any  stock  or  other  securities  to  be  registered 
and  held  in  the  name  of  a  nominee  without  mention  of  the 
fiduciary  relationship,  provided  that  (1)  the  records  of  the 
fiduciary  and  all  accounts  rendered  by  it  clearly  show  the 
ownership  of  the  stock  or  other  securities,  and  (2)  the 
nominee  shall  not  have  possession  of  the  stock  certificate  or 
other  security  or  access  thereto  except  under  immediate 
supervision  of  the  fiduciary.  The  fiduciary  shall  be  liable  for 
any  loss  resulting  from  any  act  of  such  nominee  in  connection 
with  such  stock  or  other  securities  so  held. 

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

[Approved  April  15,  1941.] 


CHAPTER  69. 

AN  ACT  RELATING  TO  INVESTMENTS  BY  GUARDIANS. 

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

1.  Investments  by  Guardians.  Amend  section  22  of 
chapter  290  of  the  Public  Laws,  as  amended  by  chapter  71  of 
the  Laws  of  1931,  by  chapter  8  of  the  Laws  of  1937,  section  10 
of  chapter  72  of  the  Laws  of  1939  (section  22,  chapter  333  of 
the  commissioners'  report)  by  adding  at  the  end  thereof  the 


80  Chapter  70  [1941 

following  new  paragraph:  IV.  With  the  consent  of  the 
judge  of  probate  having  jurisdiction,  in  life,  endowment  and 
annuity  contracts  of  life  insurance  companies  authorized  to 
do  business  in  this  state,  so  that  said  section  as  amended  shall 
read  as  follows :  22.  Approved  Classes.  Every  guardian  of 
a  minor  shall  invest,  in  the  name  of  his  ward,  or  in  his  own 
name  as  guardian,  the  money  and  the  proceeds  of  all  real  and 
personal  property  of  his  ward  not  required  for  the  ward's 
support  in  the  following  described  classes  of  property  only : 

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

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

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

IV.  With  the  consent  of  the  judge  of  probate  having 
jurisdiction,  in  life,  endowment  and  annuity  contracts  of  life 
insurance  companies  authorized  to  do  business  in  this  state. 

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

[Approved  April  15,  1941.] 


CHAPTER  70. 

AN  ACT  RELATING  TO  TEMPORARY  INSURANCE  LICENSES. 

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

1.  Insurance  Agents.  Amend  section  14-e  of  chapter  273 
of  the  Public  Laws,  as  inserted  by  section  2  of  chapter  124  of 
the  Laws  of  1933,  (commissioners'  report,  chapter  314, 
section  20)  by  adding  at  the  end  thereof  the  following: 
Whenever  an  agent  licensed  under  this  subdivision  shall  be 
drafted  or  volunteer  for  service  in  the  armed  forces  of  the 


1941]  Chapter  71  81 

United  States,  the  commissioner  may  issue  to  a  suitable  per- 
son without  examination  a  license  for  such  period  of  time  as 
in  the  opinion  of  the  commissioner  is  necessary  for  the  con- 
tinuation of  the  business  of  the  agency  thereby  affected,  so 
that  said  section  as  amended  shall  read  as  follows:  14-e. 
Temporary  Licenses.  Upon  the  death  or  disability  of  a 
licensed  agent,  or  the  termination  of  an  agency  the  commis- 
sioner may  issue  to  a  suitable  person  without  examination  a 
license  for  a  limited  period  of  time  not  exceeding  six  months, 
if  in  his  opinion  such  temporary  license  is  necessary  for  the 
continuation  of  the  business  of  the  agency  thereby  affected. 
Whenever  an  agent  licensed  under  this  subdivision  shall  be 
drafted  or  volunteer  for  service  in  the  armed  forces  of  the 
United  States,  the  commissioner  may  issue  to  a  suitable  per- 
son without  examination  a  license  for  such  period  of  time  as 
in  the  opinion  of  the  commissioner  is  necessary  for  the  con- 
tinuation of  the  business  of  the  agency  thereby  affected. 

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

[Approved  April  15,  1941.] 


CHAPTER  71. 


AN  ACT  PROVIDING  FOR  THE  CHANGING  OF  A  CLASS  2-B  HIGHWAY 
TO  A  CLASS  V  HIGHWAY. 

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

1.  Marston  Hill  Road,  Andover.  On  and  after  the 
passage  of  this  act  Marston  Hill  road,  so  called,  in  the  town 
of  Andover  shall  be  classified  as  a  class  V  road  and  no  longer 
be  deemed  to  be  in  the  secondary  highway  system  as  a  class 
2-B  road. 

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

[Approved  April  15,  1941.] 


82  Chapters  72,  73  [1941 

CHAPTER  72. 

AN  ACT  RELATING  TO  A  PUBLIC    PARK  AND  RECREATIONAL  AREA 
ON  LONG  ISLAND  IN  THE  TOWN  OF  MOULTONBOROUGH. 

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

1.  Town  of  Moultonborough.  Amend  section  2  of 
chapter  191  of  the  Laws  of  1939  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  2.  Transfer 
of  Land.  When  said  property  has  been  acquired  as  provided 
by  section  1  hereof  the  governor  and  council  shall  transfer 
the  title  thereof  to  the  town  of  Moultonborough  and  said 
property  shall  thereafter  be  held  and  maintained  as  a  public 
park  and  recreational  area  by  said  town. 

2.  Extension  of  Time.  The  appropriation  provided  for  by 
section  3  of  chapter  191  of  the  Laws  of  1939  shall  not  lapse 
until  June  15,  1943. 

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

[Approved  April  16,  1941.] 


CHAPTER  73. 

AN  ACT  PROVIDING  FOR  THE  ACCEPTANCE  OF  A  GIFT  OF  LAND  AND 

BUILDINGS    ON    MOUNT    PROSPECT    IN    THE    TOWN 

OF    LANCASTER    AS    A    MEMORIAL    TO 

JOHN  WINGATE  WEEKS. 

Whereas,  Sinclair  Weeks  and  Katherine  W.  Davidge,  chil- 
dren of  the  late  John  Wingate  Weeks,  a  native  of  the  town 
of  Lancaster,  in  consideration  of  his  outstanding  interest  in 
the  promotion  of  forestry  not  only  in  this  state  but  through- 
out the  nation,  including  his  sponsorship  of  the  original  law 
(the  Weeks  Law  of  1911)  providing  for  the  purchase  of 
national  forests  and  for  cooperation  with  the  states  in  forest 
fire  protection,  have  offered  to  give  and  grant  certain 
premises  on  Mount  Prospect  in  the  town  of  Lancaster  com- 
prising about  three  hundred  and  fifty  acres  with  the  build- 
ings thereon  to  the  state  as  memorial  to  their  father  upon  the 
following  conditions: 


1941]  Chapter  73  83 

I.  Said  land  shall  be  forever  maintained  by  the  state  for 
the  practice  and  demonstration  of  forestry  and  for  the  use 
and  enjoyment  of  the  people  of  New  Hampshire  and  its 
visitors  under  the  supervision  of  the  forestry  and  recreation 
commission,  or  other  similar  state  board ; 

II.  The  entrance  roadway  leading  from  the  Whitefield- 
Lancaster  highway  to  the  summit  of  Mount  Prospect,  being 
within  the  boundaries  of  said  premises,  shall  be  maintained 
by  the  state  highway  department  in  a  serviceable  condition 
for  public  travel  during  the  months  of  June  to  October  in- 
clusive each  year; 

III.  The  stone  tower  with  such  alterations  as  are 
necessary  may  be  maintained  and  used  for  services  in  forest 
fire  protection  and  as  an  observatory  by  the  public; 

IV.  The  buildings,  including  the  residence,  caretaker's 
cottage  and  garage,  shall  serve  such  purposes  as  the  said  com- 
mission may  deem  desirable  or  may  be  razed  if  found  to  serve 
no  useful  purpose  for  the  state,  but  these  buildings  shall  not 
be  rented  or  leased  for  any  private  occupancy  or  private  com- 
mercial purposes;  providing  that  nothing  in  this  clause  shall 
prohibit  the  commission  from  conducting  under  its  own 
auspices  or  by  lease  to  others  the  sale  of  light  refreshments, 
smoking  material  or  other  items  for  the  convenience  of  the 
public,  such  use  of  the  premises,  however,  to  be  conducted 
only  at  the  top  of  the  mountain  and  not  in  any  event  in  the 
main  residence,  and  in  such  manner  as  to  minimize  any  com- 
mercial aspects  of  such  conduct  of  business.  The  state  may 
enter  into  agreement  with  other  public  agencies  or  with 
societies  and  organizations  of  a  semi-public  nature  for  the 
operation,  management  and  occupancy  of  the  buildings  and 
their  use  by  the  public. 

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

1.  Gift  Accepted.  The  state  of  New  Hampshire  gratefully 
accepts  the  gift  of  Sinclair  Weeks  and  Katherine  W.  Davidge 
for  a  memorial  to  John  Wingate  Weeks  upon  the  terms  and 
conditions  hereinbefore  set  forth  and  the  governor  and  council 
are  hereby  empowered  to  accept  on  behalf  of  the  state  a  deed 
from  said  grantors  of  said  tract  of  land  subject  to  said  terms 
and  conditions. 


84  Chapters  74,  75  [1941 

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

[Approved  April  16,  1941.] 


CHAPTER  74. 


AN    ACT    AUTHORIZING    TOWNS    TO     APPROPRIATE    MONEY    FOR 
PUBLIC  PARKING  AREAS. 

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

1.  Town  Appropriations.  Amend  paragraph  III  of  sec- 
tion 4  of  chapter  42  of  the  Public  Laws  (paragraph  III, 
section  4,  chapter  51,  commissioners'  report)  by  striking  out 
the  next  to  the  last  word  of  said  paragraph,  inserting  a  comma 
in  its  place  and  adding  at  the  end  thereof  the  following;  and 
public  parking  areas,  so  that  said  paragraph  as  amended  shall 
read  as  follows:  III.  Highways.  To  lay  out,  build  and 
repair  highways,  sidewalks,  bridges  and  public  parking  areas. 

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

[Approved  April  16,  1941.] 


CHAPTER  75. 


AN    ACT    RELATIVE    TO    MUNICIPAL    PERMIT    FEES    FOR    CERTAIN 
AGRICULTURAL  VEHICLES. 

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

1.  Motor  Vehicle  Municipal  Permits.  Amend  section  14, 
chapter  100,  Public  Laws,  as  amended  by  section  1,  chapter  12, 
Laws  of  1927,  and  chapter  29,  Laws  of  1933  (section  20, 
chapter  116,  commissioners'  report)  by  adding  at  the  end  of 
said  section  the  following:  Provided,  however,  that  the  fee 
collected  hereunder  for  a  commercial  vehicle  or  truck,  used 
for  agricultural  purposes  only  and  used  on  the  public  high- 
ways within  a  radius  of  five  miles  from  the  main  entrance  of 
the  farm  upon  which  said  vehicle  is  operated  which  said  com- 
mercial vehicle  or  truck  is  not  used  for  the  purpose  of  trans- 


1941]  Chapter  76  85 

porting  produce  or  goods  for  sale  or  for  hire,  shall  be  two 
dollars,  so  that  said  section  as  amended  shall  read  as  follows: 
14.  Fees.  The  treasurer  of  each  city,  or  such  other  person 
as  the  city  government  may  designate,  and  the  town  clerk  of 
each  town  shall  collect  fees  for  such  permits  as  follows:  On 
each  motor  vehicle  offered  for  registration  a  sum  equal  to 
seventeen  mills  on  each  dollar  of  the  maker's  list  price  for  the 
current  year  of  manufacture,  twelve  mills  for  the  first 
succeeding  year,  nine  mills  for  the  second  succeeding  year, 
five  mills  for  the  third  succeeding  year,  three  mills  for  the 
fourth  and  succeeding  years,  provided,  however,  that  the  fee 
collected  hereunder  for  a  commercial  vehicle  or  truck,  used 
for  agricultural  purposes  only  and  used  on  the  public  high- 
ways within  a  radius  of  five  miles  from  the  main  entrance  of 
the  farm  upon  which  said  vehicle  is  operated  which  said  com- 
mercial vehicle  or  truck  is  not  used  for  the  purpose  of  trans- 
porting produce  or  goods  for  sale  or  for  hire,  shall  be  two 
dollars. 

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

[Approved  April  17,  1941.] 


CHAPTER  76. 


AN  ACT  RELATIVE  TO  TAKING  BROOK  TROUT  IN  PARTRIDGE  LAKE 

IN  LITTLETON. 

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

1.  Temporary  Open  Season.  For  the  period  from  April 
fifteenth  to  May  first,  1941,  brook  trout  not  less  than  seven 
inches  in  length  may  be  taken  by  the  use  of  either  bait  or 
artificial  flies  from  Partridge  lake  in  Littleton. 

2.  Application  of  Laws.  The  provisions  of  law  relative  to 
creel  limit,  possession  and  transportation  of  brook  trout  shall 
apply  to  brook  trout  taken  under  the  provisions  hereof  and 
also  penalties  for  illegal  taking.  Such  of  the  provisions  of 
chapter  201  of  the  Public  Laws,  as  inserted  by  chapter  169, 
Laws  of  1939,  and  as  amended  by  chapter  50  of  the  Laws  of 
1941,  as  are  inconsistent  with  the  provisions  of  this  act  are 


86  Chapters  77,  78  [1941 

hereby  suspended  for  the  period  from  April  fifteenth  to  May 
first,  1941. 

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

[Approved  April  17,  1941.] 


CHAPTER  77. 

AN  ACT  RELATING  TO  THE  TAXATION  OF  PERSONAL  PROPERTY. 

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

1.  Taxation  of  Personal  Property.  Amend  section  5  of 
chapter  61  of  the  Public  Laws  (section  5,  chapter  74,  commis- 
sioners' report)  by  striking  out  the  words  "September  first" 
in  the  fourth  line  and  inserting  in  place  thereof  the  words, 
December  thirty-first,  so  that  said  section  as  amended  shall 
read  as  follows:  5.  Removal.  Any  person  going  into  any 
town  in  this  state,  and  taking  with  him  any  property  upon 
which  a  tax  has  not  been  assessed  and  paid  elsewhere  for  that 
year,  and  doing  business  therein  with  such  property  after 
April  first  and  before  December  thirty-first  of  any  year,  shall 
be  taxed  on  such  property  in  such  town  as  in  the  cases  of 
persons  who  have  escaped  taxation. 

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

[Approved  April  17,  1941.] 


CHAPTER  78. 

AN  ACT  RELATING  TO  INSURANCE  COMPANIES. 

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

1.  Fees.  Amend  section  58  of  chapter  275  of  the  Public 
Laws  as  amended  by  section  2  of  chapter  32  of  the  Laws  of 
1933  (commissioners'  report,  chapter  316,  section  62)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  58.  Fees.  Every  such  company  desiring  to  do 
an  insurance  business  herein,  may  do  so  upon  complying  with 


1941]  Chapter  79  87 

the  requirements  of  this  chapter  and  paying  one  hundred  fifty 
dollars  to  the  commissioner  on  or  before  April  first  of  each 
year.  Said  sum  shall  cover  all  fees,  including  that  for  filing, 
charter  and  by-laws,  annual  statement,  application  for  license, 
including  renewal  thereof,  and  all  other  statements,  bonds, 
documents  or  papers;  in  addition  such  company  shall  pay  to 
the  commissioner  for  each  agent's  license  and  renewal  thereof 
the  sum  of  two  dollars.  The  foregoing  fees  shall  accompany 
each  application  for  agent's  license  and  a  company's  applica- 
tion to  do  business.  Every  such  company  may  do  such  busi- 
ness in  the  year  beginning  April  1,  1941  by  paying  to  the  com- 
missioner upon  receiving  notice  of  the  amount  due  the  sum 
of  one  hundred  fifty  dollars  less  any  proper  credits  for  filing 
fees  paid  prior  to  the  passage  of  this  act. 

2.  Acts  Repealed.  Amend  sections  17,  18  and  19  of 
chapter  70  of  the  Public  Laws  (commissioners'  report,  chapter 
85,  sections  17,  18  and  19)  by  striking  out  said  sections. 

3.  Constitutionality.  If  any  provisions  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, the  remainder  of  the  act  and  the  application  of  such 
provisions  to  other  persons  and  circumstances  shall  not  be 
affected  thereby. 

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

[Approved  April  22,  1941.] 


CHAPTER  79. 


AN  ACT  RELATIVE  TO  THE  TERMS  OP  OFFICE  OF  THE  BOARD  OF 

PROBATION. 

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

1.  Filling  Vacancies  in  the  Board.  Amend  section  1  of 
chapter  143  of  the  Laws  of  1937  (section  1,  chapter  369,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  1.  Board  of  Probation. 
There  shall  be  a  board  of  probation  consisting  of  three  mem- 
bers, not  more  than  two  of  whom  shall  be  from  any  one  major 
political  party,  to  be  appointed  by  the  governor  and  council 
for  a  three-year  term,  each  of  whom  shall  continue  in  office 


88  Chapter  80  [1941 

until  his  successor  has  been  appointed  and  qualified.  If  a 
vacancy  shall  occur  in  said  board  it  shall  be  filled  for  the  re- 
mainder of  the  term.  All  members  of  the  board  shall  serve 
without  pay,  but  shall  be  reimbursed  by  the  state  for  the 
necessary  expenses  incurred  in  the  performance  of  their 
duties.  Any  member  of  the  board  may  be  removed  for  cause 
by  the  governor,  with  the  advice  and  consent  of  the  council. 
The  board  shall  elect  a  chairman  and  clerk. 

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

[Approved  April  22,  1941.] 


CHAPTER  80. 


AN  ACT  RELATING  TO  DEFINITIONS  AND  STANDARDS  UNDER  THE 
FOOD  AND  DRUG  LAW. 

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

1.  Regulations  of  State  Board  of  Health.  Amend  sec- 
tion 12  of  chapter  139,  Public  Laws,  as  amended  by  chapter 
45,  Laws  of  1929  (section  12,  chapter  162,  commissioners'  re- 
port) by  striking  out  the  words  "including  the  adoption  of 
such  definitions  and  standards  of  purity  as  may  from  time  to 
time  be  promulgated  by  the  secretary  of  agriculture  of  the 
United  States"  and  substituting  therefor  the  following:  in- 
cluding as  a  part  of  said  rules  and  regulations,  when  not  in- 
consistent with  existing  laws,  the  adoption  of  such  definitions 
and  standards  of  identity  as  may  from  time  to  time  be  pro- 
mulgated under  the  federal  food,  drug  and  cosmetic  act,  also 
similar  adoption  of  regulations  promulgated  under  the  federal 
meat  inspection  act,  so  that  said  section  as  amended  shall  read 
as  follows:  12.  Enforcement;  Rules;  Inspections.  The  state 
board  of  health  is  charged  with  the  enforcement  of  this 
chapter.  Said  board  may  make  rules  and  regulations  for  the 
proper  enforcement  thereof,  including  as  a  part  of  said  rules 
and  regulations,  when  not  inconsistent  with  existing  laws,  the 
adoption  of  such  definitions  and  standards  of  identity  as  may 
from  time  to  time  be  promulgated  under  the  federal  food, 
drug  and  cosmetic  act,  also  similar  adoption  of  regulations 
promulgated  under  the  federal  meat  inspection  act.     It  shall 


1941]  Chapter  81  89 

cause  inspections  to  be  made  of  the  quality,  condition  and 
branding  of  foods  and  drugs  found  on  sale,  possessed  for  sale, 
or  in  process  of  manufacture  or  distribution,  and  shall  collect 
samples  for  analysis  at  its  laboratories.  All  inspectors  and 
other  employees  appointed  by  said  board  shall  be  permitted 
access  at  all  reasonable  hours  to  all  places  of  business  con- 
cerned in  the  manufacture,  production,  transportation,  dis- 
tribution and  sale  of  foods  and  drugs;  shall  have  power  to 
open  and  examine  any  package  or  container  of  any  kind  con- 
taining, or  believed  to  contain,  any  article  of  food  or  drugs 
which  may  be  manufactured,  distributed,  sold  or  possessed 
for  sale  in  violation  of  the  provisions  of  this  chapter  and  to 
take  samples  therefrom  for  analysis,  tendering  to  the  manu- 
facturer, distributor  or  vendor  the  value  thereof. 

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

[Approved  April  22,  1941.] 


CHAPTER  81. 

AN  ACT  RELATING  TO  REIMBURSEMENT  OF  TOWNS. 

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

1.  Flood  Control  Projects.  Amend  section  1,  chapter  204, 
Laws  of  1939  (commissioners'  report,  section  4,  chapter  3) 
by  striking  out  the  word  ''three"  in  line  fourteen  and  insert- 
ing in  its  place  the  word,  five,  so  that  said  section  as  amended 
shall  read  as  follows :  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  construction,  maintenance  and  operation  of  flood  con- 
trol 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 


90  Chapter  82  [1941 

year  1939,  for  a  period  of  five  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 
taxable  valuation,  the  amount  of  said  payment  to  be  de- 
termined 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  otherwise  appropriated.  Provided,  however,  that  no  pay- 
ments shall  be  made  or  required  hereunder  on  account  of  re- 
imbursement 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  tax- 
able property  in  said  town  when  relocated. 

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

[Approved  April  22,  1941.] 


CHAPTER  82. 


AN  ACT  RELATING  TO  THE  REGISTER   OF  DEEDS   FOR   STRAFFORD 

COUNTY. 

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

1.  Register  of  Deeds,  Strafford  County.  Amend  section  14 
of  chapter  40  of  the  Public  Laws  (section  16,  chapter  49,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  14.  Compensation.  The 
register  of  deeds  for  Strafford  county  shall  receive  as  compen- 
sation the  full  amount  of  all  fees  received  by  him  by  virtue 
of  his  office,  and  shall  not  be  entitled  to  other  compensation 
from  the  county  for  himself  or  his  office  assistant,  on  account 
of  said  office. 

2.  Repeal.  Sections  15,  16  and  17  of  said  chapter  40  (sec- 
tions 17,  18  and  19  of  said  chapter  49)  relative  to  disposition 
of  fees  and  salary  of  office  assistant,  are  hereby  repealed. 


1941]  Chapters  83,  84  91 

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

[Approved  April  29,  1941.] 


CHAPTER  83. 


AN    ACT    RELATIVE    TO    TAKING    BROOK    TROUT    FROM    CERTAIN 
LAKES  AND  PONDS  IN  COOS  COUNTY. 

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

1.  Repeal.  Section  3  of  chapter  201  of  the  Public  Laws  as 
inserted  by  chapter  50,  Laws  of  1941,  relative  to  taking  brook 
trout  in  certain  lakes  and  ponds  in  Coos  county  is  hereby  re- 
pealed. 

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

[Approved  April  29,  1941.] 


CHAPTER  84. 

AN  ACT  RELATING  TO  SUPPORT  OF  CHILDREN. 

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

1.  Divorce  Proceedings.  Amend  section  15  of  chapter  287 
of  the  Public  Laws  (section  15,  chapter  330,  commissioners' 
report)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  15.  Support  of  Children.  In  all 
cases  where  there  shall  be  a  decree  of  divorce  or  nullity,  the 
court  shall  make  such  further  decree  in  relation  to  the 
support,  education  and  custody  of  the  children  as  shall  be 
most  conducive  to  their  benefit,  and  may  order  a  reasonable 
provision  for  their  support  and  education. 

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

[Approved  April  29,  1941.] 


92  Chapters  85,  86  [1941 

CHAPTER  85. 

AN  ACT  TO  PREVENT  PUBLIC  OFFICIALS  FROM  BUYING  PROPERTY 
FROM  THEMSELVES  FOR  THE  CITY,  COUNTY  OR  STATE. 

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

1.  Public  Officials  Barred  from  Certain  Private  Dealings. 

No  person  holding  a  public  office,  excepting  only  members  of 
the  general  court,  as  such,  for  which  remuneration  in  the 
form  of  wages,  salary  or  per  diem  is  paid,  in  city,  county  or 
state  governmental  service  shall,  by  contract  or  otherwise, 
except  by  open  competitive  bidding,  sell  or  buy  goods,  com- 
modities, or  other  personal  property  of  a  value  in  excess  of 
twenty-five  dollars  at  any  one  sale  to  or  from  the  city,  county 
or  state  by  which  said  official  is  paid. 

2.  Penalty.  Anyone  violating  the  provisions  of  the  fore- 
going section  shall  be  fined  not  more  than  five  thousand 
dollars,  and  upon  conviction  there  shall  automatically  be  a 
vacancy  in  the  office  held  by  the  person  convicted,  which  shall 
be  filled  as  otherwise  provided  by  law. 

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

[Approved  April  29,  1941.] 


CHAPTER  86. 

AN    ACT    PROVIDING    FOR    THE    CONSTRUCTION    OF    A    SEA    WALL 

SITUATED    IN    THE    TOWN    OF    HAMPTON    BETWEEN 

HAVERHILL   STREET   AND  A  POINT   OPPOSITE 

THE  ASHWORTH  HOTEL. 

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

1.  Governor  and  Council  Empowered.  The  governor,  with 
the  advice  of  the  council,  is  hereby  authorized  and  empowered 
to  construct  such  sea  wall  or  walls  or  other  structures  as  may 
be  necessary  or  desirable  to  protect  the  beach  and  state  high- 
way situated  in  the  town  of  Hampton  between  Haverhill  street 
and  a  point  opposite  the  Ashworth  Hotel. 


1941]  Chapter  86  93 

2.  Appropriation.  A  sum  not  exceeding  one  hundred 
seventy-five  thousand  dollars  ($175,000)  is  hereby  appro- 
priated for  the  purposes  set  forth  in  section  1. 

3.  Construction.  The  work  of  construction  shall  be  under 
the  supervision  and  direction  of  the  state  highway  com- 
missioner. 

4.  Cost.  One-half  the  cost  of  the  aforesaid  construction 
shall  be  a  charge  upon  the  state  highway  fund. 

5.  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 
eighty-seven  thousand  five  hundred  dollars  ($87,500)  to  pro- 
vide the  funds  for  the  balance  of  the  aforesaid  construction 
cost  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.  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. 

6.  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 
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  de- 
termine most  advantageous  for  the  state  and  shall  hold  the 
proceeds  thereof  subject  to  the  provisions  of  this  act. 

7.  Short-Term  Notes.  Prior  to  the  issuance  of  the  bonds 
above  described  the  state  treasurer,  upon  the  direction  of  the 
governor  and  council,  is  hereby  authorized  for  the  purposes  of 
this  act  to  borrow  money  from  time  to  time  on  short-term 
loans  to  be  refunded  by  the  issuance  of  the  bonds  above  de- 
scribed. The  provisions  of  section  34  of  chapter  15  of  the 
Public  Laws  as  amended  by  chapter  9  of  the  Laws  of  1927 
and  chapter  97  of  the  Laws  of  1929  shall  not  operate  to  limit 
the  time  within  which  said  short-term  loans  may  be  made. 


94  Chapter  87  [1941 

8.  Payment  of  Funds.  The  proceeds  from  the  sale  of  the 
bonds  or  short-term  notes  authorized  by  this  act  and  the  other 
funds  herein  appropriated  shall  be  paid  by  the  state  treasurer 
upon  warrant  drawn  by  the  governor  with  the  advice  and  con- 
sent of  the  council  for  the  purposes  of  this  act  alone. 

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

[Approved  April  29,  1941.] 


CHAPTER  87. 


AN  ACT  RELATING  TO  THE  RECONSTRUCTION  OF  A  TOLL  BRIDGE 
AT   HAMPTON   HARBOR.* 

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

1.  Hampton  Harbor  Toll  Bridge.  Amend  section  1  of 
chapter  207  of  the  Laws  of  1939  by  striking  out  the  words 
and  figures  "three  hundred  and  fifty  thousand  dollars 
($350,000)"  and  inserting  in  place  thereof  the  words  and 
figures,  four  hundred  and  fifty  thousand  dollars  ($450,000), 
so  that  said  section  as  amended  shall  read  as  follows:  I. 
Appropriation.  A  sum  not  exceeding  four  hundred  and  fifty 
thousand  dollars  ($450,000)  is  hereby  appropriated  for  the 
purpose  of  rebuilding  the  Hampton  Harbor  toll  bridge,  pro- 
viding for  new  approaches  thereto  and  removing  the  present 
bridge  structure  to  be  expended  under  the  direction  of  the 
governor  and  council. 

2.  Condition  Removed.  Further  amend  said  chapter  207 
by  striking  out  section  3  thereof. 

3.  Amendment.  Further  amend  said  chapter  207  by  strik- 
ing out  the  words  "three  hundred  and  fifty  thousand  dollars" 
in  section  4  and  inserting  in  place  thereof  the  words,  four 
hundred  and  fifty  thousand  dollars,  so  that  said  section  as 
amended  shall  read  as  follows:  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  four  hundred  and  fifty  thou- 
sand dollars  to  provide  the  funds  herein  appropriated  and  for 


*  See  also  chapter  161,  post. 


1941]  Chapter  87  95 

that  purpose  may  issue  bonds  at  such  times,  in  such  denomi- 
nations and  with  such  rates  of  interest,  dates  of  maturity  and 
other  provisions  as  the  governor  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  here- 
in 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. 

4.  Tolls.  Further  amend  said  chapter  207  by  striking  out 
section  8  and  inserting  in  place  thereof  the  following  new  sec- 
tion: 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  (a)  the  bonds  issued  under  the 
provisions  of  said  chapter  159  of  the  Laws  of  1933,  those 
issued  under  the  provisions  of  said  chapter  50  of  the  Laws  of 
1935,  and  those  issued  under  the  provisions  of  this  chapter 
have  been  paid  or  until  sufficient  money  shall  have  accumu- 
lated to  pay  said  bonds  and  the  interest  thereon  at  maturity, 
and  (b)  sufficient  funds  shall  have  accumulated  from  net  toll 
receipts  to  reimburse  the  state  with  respect  to  principal  and 
interest  for  any  funds  paid  upon  warrant  of  the  governor  and 
council  by  reason  of  insufficient  sinking  fund  balances  to  meet 
principal  and  interest  payments  on  said  bonds,  and  (c)  the 
state  shall  have  been  reimbursed  as  to  principal  and  interest 
for  all  sums  that  may  be  appropriated  and  spent  under  the 
provisions  of  an  act  of  the  1941  session  of  the  legislature  en- 
titled "An  Act  providing  for  the  construction  of  a  sea  wall 
situated  in  the  town  of  Hampton  between  Haverhill  street  and 
a  point  opposite  the  Ashworth  Hotel."* 

5.  Deficiency.  Further  amend  said  chapter  207  by  adding 
the  following  new  section  at  the  end  of  section  9  thereof:  9-a. 
Deficiency.  In  the  event  that  there  shall  be  insufficient  money 
in  any  year  from  the  sinking  fund  applicable  to  said  recon- 
structed toll  bridge  to  meet  the  requirements  of  any  accrued 
installment  of  interest   or   principal   upon   the   bonds   issued 


*  See  also  chapter  86,  ante. 


96  Chapter  88  [1941 

under  the  provisions  of  this  chapter  the  governor  with  the 
advice  and  consent  of  the  council  shall  draw  his  warrant  for 
the  payment  of  any  such  deficiency  out  of  any  money  in  the 
treasury  not  otherwise  appropriated.  The  general  funds  shall 
be  reimbursed  for  such  payments  from  net  toll  receipts  as 
provided  in  section  8. 

6.  Takes  E£fect.  This  act  shall  take  effect  upon  its 
passage. 

[Approved  April  29,  1941.] 


CHAPTER  88. 


AN  ACT  TO  AUTHORIZE  BANKS  AND  OTHER  INSTITUTIONS  TO  ACT 

AS  AGENTS  FOR  THE  SALE  OF  UNITED  STATES 

DEFENSE  BONDS. 

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

1.  Institutions  Under  Supervision  of  Bank  Commissioner. 

Amend  chapter  260  of  the  Public  Laws  (chapter  299,  commis- 
sioners' report)  by  adding  at  the  end  thereof  the  following 
new  section:  27.  Authority  to  Act  as  Agent  and  to  Pledge 
Collateral.  Any  state  bank,  trust  company,  mutual  savings 
bank,  guaranty  savings  bank,  building  and  loan  association  or 
any  other  institution  under  the  supervision  of  the  bank  com- 
missioner is  hereby  authorized  to  act  as  fiscal  or  financial 
agent  of  the  United  States  government,  or  of  any  instru- 
mentality thereof,  in  the  sale  and  issue  of  United  States  De- 
fense Savings  Bonds  and  other  similar  bonds  and  Defense 
Postal  Savings  Stamps  and  other  similar  savings  stamps  and 
may  pledge  its  assets  to  the  United  States  in  connection  with 
the  sale  of  such  bonds  or  stamps  and  do  any  and  all  things 
incidental  or  necessary  to  give  effect  to  this  section.  Nothing 
contained  herein  shall  be  construed  as  authorizing  such  bank 
or  other  institution  to  pledge  its  assets  to  secure  deposits 
except  for  the  purposes  hereof. 

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

[Approved  April  29,  1941.] 


1941]  Chapters  89,  90  97 

CHAPTER  89. 

AN  ACT  RELATING  TO  EXEMPTION  OF  MEMBERS  OF  THE  LEGISLA- 
TURE FROM  PAYING  BRIDGE  TOLL. 

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

1.  Toll  Exemption.  Amend  chapter  64,  Laws  of  1933,  by 
inserting  after  section  9  the  following  new  section:  9-a. 
Toll  Exemption.  Members  and  attaches  of  the  general  court 
shall  be  exempt  from  paying  tolls  while  going  to  and  from 
legislative  sessions. 

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

[Approved  April  29,  1941.] 


CHAPTER  90. 


AN  ACT  RELATING  TO  THE  SALE  OF  BEVERAGES  ON  ELECTION 
DAYS  AFTER  THE  POLLS  ARE  CLOSED. 

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

1.  Sale  of  Liquor  and  Beverages  on  Election  Days.  Amend 
section  12  of  chapter  3  of  the  Laws  of  1934,  as  amended  by 
chapters  13  and  68,  Laws  of  1935  (section  12,  chapter  167, 
commissioners'  report)  by  inserting  after  the  words  "election 
days"  where  they  occur  in  the  fifth  and  ninth  lines  the  words, 
while  the  polls  are  open,  so  that  said  section  as  amended  shall 
read  as  follows :  12.*  Rules  and  Regulations.  Said  commis- 
sion shall  have  power  to  make  all  necessary  and  proper  rules 
and  regulations  for  carrying  out  the  provisions  of  this  act, 
and  such  rules  and  regulations  shall  have  the  effect  of  law. 
No  sale  of  liquor  or  beverages  shall  be  made  on  Sundays  or 
election  days  while  the  polls  are  open  except  by  persons  hold- 
ing licenses  under  the  provisions  of  sections  19,  21,  22  and  23, 
provided  that  persons  holding  licenses  under  the  provisions  of 
section  19  when  making  sales  of  beverages  on  Sundays  or 
election  days  while  the  polls  are  open  shall  sell  only  to  bona 
fide  guests  with  meals  in  the  dining  room  or  in  the  rooms  of 
the  guests.     Liquor  or  beverages  shall   not   be   sold   in   any 


*  See  also  chapter  208,  post. 


98  Chapter  91  [1941 

establishment  where  booths  that  are  not  open  at  the  end  or 
that  are  more  than  forty-two  inches  high  are  used  for  serving 
patrons.  Costumers  may  be  erected  and  attached  to  the  ends 
of  booths.  Such  costumers  shall  be  of  such  design  and  con- 
structed in  such  manner  as  approved  by  the  commission. 

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

[Approved  April  29,  1941.] 


CHAPTER  91. 

AN  ACT  RELATING  TO  THE  STATE  BOARD  OF  ACCOUNTANCY. 

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

1.  Certified  Public  Accountants.  Amend  section  8  of 
chapter  270  of  the  Public  Laws,  as  inserted  by  chapter  112 
of  the  Laws  of  1937  (section  8,  chapter  311,  commissioners' 
report)  by  striking  out  in  the  first  three  lines  the  words,  "All 
such  certified  public  accountants  shall  practice  in  this  state 
for  one  year  after  admission  thereto"  so  that  said  section  as 
amended  shall  read  as  follows:  8.  Annual  Registration. 
Annually,  each  certified  public  accountant  shall  register  at  the 
ofiice  of  the  board  of  accountancy  giving  his  then  residence 
and  place  of  business  and  such  other  information  as  the  board 
may  require.  The  annual  fee  for  such  registration  shall  be 
five  dollars,  to  be  paid  to  said  board.  Said  board  shall  there- 
upon file  a  duplicate  of  the  registration  in  the  office  of  the 
secretary  of  state.  Said  accountant  shall  be  entitled  to  a 
certificate  from  said  board  setting  forth  the  fact  of  the  annual 
registration,  payment  of  the  fee  and  recording  thereof.  The 
fees  collected  under  this  chapter  shall  be  paid  into  the  state 
treasury,  and  the  state  treasurer,  on  warrant  of  the  governor, 
shall  pay  out  of  the  funds  so  paid  into  the  treasury  all  ex- 
penses incident  to  the  examinations,  the  expenses  of  issuing 
certificates  and  fees  and  expenses  of  the  members  of  the  board 
while  performing  their  duties  under  this  chapter,  and  shall 
also  place  in  the  hands  of  the  board  of  accountancy  as  a  work- 
ing fund  such  sums  as  the  governor  may  approve,  the  same 
to  be  advanced  out  of  the  fees  paid  into  the  treasury  by  the 
board.      An    account    thereof    shaH    be    made    to    the    state 


1941]  Chapter  92  99 

treasurer  monthly,  or  as  much  oftener  as  the  governor  and 
council  shall  direct.  No  expenses  incurred  under  this  chapter 
shall  be  a  charge  against  the  general  funds  of  the  state.  The 
board  shall  annually  report  the  number  of  certificates  issued 
and  the  receipts  and  expenses  under  this  chapter  during  each 
fiscal  year  to  the  governor  and  council. 

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

[Approved  April  30,  1941.] 


CHAPTER  92. 

AN  ACT  DEFINING  AND  PROHIBITING  UNFAIR  SALES  PRACTICES, 
WITH  A  VIEW  TO  PREVENTING  THE  ADVERTISING  OR  OFFER- 
ING FOR  SALE   OR  THE  SELLING,  BELOW  COST,   OF 
MERCHANDISE  FOR  THE  PURPOSE  OF  INJUR- 
ING COMPETITORS  OR  DESTROYING 
COMPETITION. 

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

1.     Definitions. 

I.  The  term  "cost  to  the  retailer"  shall  mean  the  invoice 
cost  of  the  merchandise  to  the  retailer,  or  the  replacement 
cost  of  the  merchandise  to  the  retailer,  within  thirty  days 
prior  to  the  date  of  sale,  in  the  quantity  last  purchased,  which- 
ever is  lower;  less  all  trade  discounts  except  customary  dis- 
counts for  cash;  to  which  shall  be  added  (1)  freight  charges 
not  otherwise  included  in  the  cost  of  the  merchandise  (2) 
cartage  to  the  retail  outlet  if  performed  or  paid  for  by  the 
retailer,  which  cartage  cost  shall  be  deemed  to  be  three- 
fourths  of  one  per  cent  of  the  cost  of  the  merchandise  to  the 
retailer,  unless  said  retailer  claims  and  proves  a  lower  cartage 
cost,  and  (3)  a  mark-up  to  cover  in  part  the  cost  of  doing 
business,  which  mark-up,  in  the  absence  of  proof  of  a  lesser 
cost,  shall  be  six  per  cent  of  the  total  cost  at  the  retail  out- 
let; except  as  hereinafter  provided  in  paragraph  VIII. 

II.  The  term  "cost  to  the  wholesaler"  shall  mean  the  in- 
voice cost  of  the  merchandise  to  the  wholesaler,  or  the  re- 
placement cost  of  the  merchandise  to  the  wholesaler,  within 
thirty  days  prior  to  the  date  of  sale,  in  the  quantity  last  pur- 


100  Chapter  92  [1941 

chased,  whichever  is  lower;  less  all  trade  discounts  except 
customary  discounts  for  cash;  to  which  shall  be  added  (1) 
freight  charges  not  otherwise  included  in  the  cost  of  the 
merchandise,  and  (2)  cartage  to  the  retail  outlet  if  performed 
or  paid  for  by  the  wholesaler,  which  cartage  cost  shall  be 
deemed  to  be  three-fourths  of  one  per  cent  of  the  cost  of  the 
merchandise  to  the  wholesaler,  unless  said  wholesaler  claims 
and  proves  a  lower  cartage  cost,  and  (3)  a  mark-up  to  cover 
in  part  the  cost  of  doing  business,  which  mark-up,  in  the 
absence  of  proof  of  a  lesser  cost,  shall  be  two  per  cent  of  the 
total  cost  at  the  wholesale  establishment. 

III.  Where  two  or  more  items  are  advertised,  offered 
for  sale  or  sold  at  a  combined  price,  the  price  of  each  such 
item  shall  be  determined  in  the  manner  set  forth  in  para- 
graphs I  and  II. 

IV.  The  terms  "cost  to  the  retailer"  and  "cost  to  the 
wholesaler"  as  defined  in  said  paragraphs  I  and  II  shall  mean 
boTia  fide  costs;  and  sales  to  consumers,  retailers  and  whole- 
salers at  prices  which  cannot  be  justified  by  existing  market 
conditions  within  this  state  shall  not  be  used  as  a  basis  for 
computing  replacement  costs  with  respect  to  sales  by  retail- 
ers and  wholesalers. 

V.  The  terms  "sell  at  retail",  "sales  at  retail"  and  "retail 
sale"  shall  mean  and  include  any  transfer  of  title  to  tangible 
personal  property  for  a  valuable  consideration  made,  in  the 
ordinary  course  of  trade  or  in  the  usual  prosecution  of  the 
seller's  business,  to  the  purchaser  for  consumption  or  use 
other  than  resale  or  further  processing  or  manufacturing. 
The  terms  "sell  at  wholesale",  "sales  at  wholesale"  and 
"wholesale  sale"  shall  mean  and  include  any  such  transfer  of 
title  to  tangible  personal  property  for  the  purpose  of  resale 
or  further  processing  or  manufacturing.  In  this  and  in  the 
preceding  paragraph  the  above-mentioned  terms  shall  include 
any  such  transfer  of  property  where  title  is  retained  by  the 
seller  as  security  for  the  payment  of  the  purchase  price. 

VI.  The  term  "retailer"  shall  mean  and  include  every 
person,  copartnership,  corporation  or  association  engaged  in 
the  business  of  making  sales  at  retail  within  this  state;  pro- 
vided, that  in  the  case  of  a  retailer  engaged  in  the  business  of 
making  sales  both  at  retail  and  at  wholesale  such  term  shall 
be  applied  only  to  the  retail  portion  of  such  business. 


1941]  Chapter  92  101 

VII.  The  term  "wholesaler"  shall  mean  and  include 
every  person,  copartnership,  corporation  or  association  en- 
gaged in  the  business  of  making  sales  at  wholesale  within  this 
state;  provided,  that  in  the  case  of  a  wholesaler  engaged  in 
the  business  of  making  sales  both  at  wholesale  and  at  retail 
such  term  shall  be  applied  only  to  the  wholesale  portion  of 
such. 

VIII.  Where  a  retailer  sells  at  retail  any  merchandise 
which  is  the  product  of  his  or  its  own  manufacture,  or  which 
has  been  purchased  by  him  or  it  at  the  purchase  price  or 
prices  available  to  wholesalers,  both  the  wholesale  mark-up  of 
two  per  cent  and  the  retail  mark-up  of  six  per  cent  shall  be 
added  in  determining  the  "cost  to  the  retailer"  of  such 
merchandise. 

2.  Prohibition.  Any  retailer  who,  with  intent,  or  effect, 
of  injuring  competitors  or  destroying  competition,  advertises, 
offers  to  sell  or  sells  at  retail  any  item  of  merchandise  at  less 
than  cost  to  the  retailer,  or  any  wholesaler  who,  with  intent 
or  effect  as  aforesaid,  advertises,  offers  to  sell  or  sells  at 
wholesale  any  item  of  merchandise  at  less  than  cost  to  the 
wholesaler,  shall  be  fined  not  more  than  three  hundred  dollars. 
Evidence  of  any  advertisement,  offer  to  sell  or  sale  of  any 
item  of  merchandise  by  any  retailer  or  wholesaler  at  less  than 
cost  to  him,  as  herein  defined,  shall  be  prima  facie  evidence 
of  a  violation  of  this  act. 

3.  Exceptions.  Sections  1  and  2  and  sections  4  to  7,  in- 
clusive, shall  not  apply  with  respect  to  advertising  or  offering 
to  sell,  or  selling,  at  retail  or  at  wholesale,  as  the  case  may  be, 
if  done  (a)  in  an  isolated  transaction  and  not  in  the  usual 
course  of  business;  (b)  where  merchandise  is  sold  in  bona 
fide  clearance  sales,  if  advertised  or  offered  for  sale  as  such 
or  marked  and  sold  as  such,  or  where  merchandise  is  marked 
down  in  an  effort  to  sell  the  same  after  bona  fide  efforts  to 
sell  the  same  prior  to  such  markdown;  (c)  where  perishable 
merchandise  must  be  sold  promptly  in  order  to  forestall  loss ; 
(d)  where  merchandise  is  imperfect  or  damaged  or  its  sale  is 
being  discontinued,  if  advertised  or  offered  for  sale  as  such  or 
marked  and  sold  as  such;  (e)  where  merchandise  is  advertised 
or  offered  for  sale  or  sold  upon  the  final  liquidation  of  any 
business;  (f)  where  merchandise  is  advertised  or  offered  for 
sale  or  sold  for  charitable   purposes    or   to   relief   agencies; 


102  Chapter  93  [1941 

(g)  where  merchandise  is  sold  on  contract  to  any  department, 
board  or  commission  of  the  state  or  of  any  political  sub- 
division thereof,  or  to  any  institution  maintained  thereby; 
(h)  where  the  price  of  merchandise  is  made  in  good  faith  to 
meet  legal  competition;  or  (i)  where  merchandise  is  ad- 
vertised or  offered  for  sale  or  sold  by  any  fiduciary  or  other 
officer  acting  under  the  order  or  direction  of  any  court. 

4.  Superior  Court  Jurisdiction.  Upon  complaint  of  any 
person,  the  superior  court  shall  have  jurisdiction  to  restrain 
and  enjoin  any  act  forbidden  or  declared  illegal  by  any  pro- 
vision of  this  act;  and  it  shall  be  the  duty  of  the  several 
county  solicitors,  in  their  respective  counties,  to  enforce,  and 
restrain  the  violation  of,  this  act. 

5.  Conflicting  Laws.  Whenever  the  application  of  any 
provision  of  any  other  law  of  this  state  conflicts  with  the 
application  of  any  provision  of  this  act,  this  act  shall  prevail, 

6.  Constitutionality.  If  any  provision  of  this  act,  or  the 
application  of  such  provision  to  any  person  or  circumstance, 
shall  be  held  invalid,  the  remainder  of  said  sections,  or  the 
application  of  such  provisions  to  persons  or  circumstances 
other  than  those  as  to  which  it  is  held  invalid,  shall  not  be 
affected  thereby. 

7.  Act  Named.  This  act  shall  be  known,  and  may  be  cited, 
as  the  "Unfair  Sales  Act". 

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

[Approved  May  1,  1941.] 


CHAPTER  93. 


AN  ACT  RELATING  TO  SALES,  INVESTMENTS  BY  TRUSTEES  OF 

ESTATES. 

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

1.  Trustees  of  Estates.  Amend  section  17  of  chapter  309 
of  the  Public  Laws  (section  17,  chapter  353  of  the  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  17.  Investments.  Trustees  of 
estates,  unless  it  is   otherwise   provided   by   the   instrument 


1941]  Chapter  94  103 

creating  the  trust,  shall  invest  the  assets  of  the  trust  in  the 
following  described  classes  of  property  only: 

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

II.  By  deposit  in  some  incorporated  savings  bank  in  this 
state,  or  in  the  savings  department  of  a  national  bank  or  trust 
company  located  in  this  state,  or  in  shares  of  any  building 
and  loan  association  or  cooperative  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. 

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

IV.  In  such  bonds  or  stocks  or  other  securities  as  a 
prudent  man  would  purchase  for  his  own  investment  having 
primarily  in  view  the  preservation  of  the  principal  and  the 
amount  and  regularity  of  the  income  to  be  derived  therefrom ; 
provided  however,  that  not  less  than  fifty  per  cent  of  the  in- 
ventory or  the  cost  value  of  the  assets  of  the  trust  shall  be 
invested  in  classes  of  property  which  qualify  under  para- 
graphs I,  II,  and  III  of  this  section. 

2.  Sales.  Amend  said  chapter  309  (chapter  353)  by  in- 
serting after  section  17  the  following  section:  17-a.  Sales. 
Trustees  shall  be  accountable  for,  and  may  be  licensed  to  sell, 
stocks,  bonds  and  other  written  evidence  of  debt. 

3.  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  May  1, 1941.] 


CHAPTER  94. 


AN  ACT  RELATING  TO  THE  TAKING  OF  FISH  IN  CERTAIN  STREAMS 
IN  JACKSON  AND  VICINITY. 

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

1.*     Brook  Trout,  Fly  Fishing.     Amend  paragraph  II  of 
section  2  of  chapter  201  of  the  Public  Laws,  as  inserted  by 


*  See  also  chapter  167,  post. 


104  Chapter  94  [1941 

chapter  50  of  the  Laws  of  1941  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following:  11.  Echo  lake, 
Conway ;  Ellis  river  beginning  at  the  south  side  of  the  covered 
bridge  at  Jackson  village  thence  upstream  to  the  junction  of 
the  Wildcat  and  Ellis  rivers;  the  Wildcat  river  from  its 
junction  with  the  Ellis  river  upstream  to  a  marker  one  hun- 
dred yards  south  of  the  Fairview  bridge,  so  called,  at  the  head 
of  Jackson  Falls;  the  Wildcat  river  from  a  marker  two  hun- 
dred yards  north  of  Fairview  bridge,  so  called,  upstream  to  a 
cement  bridge  commonly  known  as  Gill  bridge  on  the  so-called 
Five  Mile  Circuit  road;  Hunkins  pond,  Sanbornton;  James 
pond,  Tam worth. 

2.  Closed  to  all  Fishing.  Amend  paragraph  III  of  sec- 
tion 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:  IIL  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  high- 
est point  of  the  Big  Pitch  to  the  First  Connecticut  lake  level, 
all  tributaries  of  Dead  Diamond  river  in  Dartmouth  College 
Grant,  Ellis  river  from  its  junction  with  the  Wildcat  river  up- 
stream to  a  marker  two  hundred  yards  above  Granite  Faced 
bridge  on  route  16  in  Jackson  village. 

3.  Closed  to  all  Fishing.  Amend  paragraph  X  of  sec- 
tion 30  of  said  chapter  201  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following:  X.  The  inlet  of 
Little  Diamond  pond  in  Stewartstown  for  a  distance  of  one 
hundred  feet  from  the  inlet  out  into  said  pond  and  fifty  feet 
on  each  side  of  said  inlet,  and  Wildcat  river  from  a  marker 
one  hundred  yards  south  of  Fairview  bridge,  so  called,  in  Jack- 
son, to  a  point  two  hundred  yards  north  of  said  Fairview 
bridge. 

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

[Approved  May  1,  1941.] 


1941]  Chapters  95,  96  105 

CHAPTER  95. 

AN  ACT  RELATING  TO  THE  TAKING  OF  BROOK  TROUT  FROM   SKY 
POND  IN  NEW  HAMPTON.* 

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

1.  Taking  Brook  Trout  from  Sky  Pond.  Amend  para- 
graph IV  of  section  2  of  chapter  201  of  the  Public  Laws,  as 
inserted  by  chapter  50  of  the  Laws  of  1941  by  inserting  after 
the  word  "Franklin"  the  words,  Sky  pond,  New  Hampton,  so 
that  said  paragraph  as  amended  shall  read  as  follows:  IV. 
Scobie's  pond,  Derry;  Scott's  Bog,  Pittsburg;  Shaw  pond, 
Franklin;  Sky  pond,  New  Hampton;  Stirrup  Iron  pond,  Salis- 
bury; Stonehouse  pond,  Barrington;  Swift  river,  Tam worth; 
White  pond,  Ossipee. 

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

[Approved  May  1,  1941.] 


CHAPTER  96. 


AN  ACT  RELATIVE  TO  TAKING  BROOK  TROUT  IN  SUNAPEE  LAKE 

AND  CERTAIN  WATERS  IN  THE  TOWNS  OF  PITTSBURG  AND 

CLARKSVILLE.* 

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

1.  Seven  Inch  Trout.  Brook  trout  not  less  than  seven 
inches  in  length  may  be  taken  with  and  by  the  use  of  artificial 
flies  only  from  May  first  to  October  first  in  Coon  Brook  Bog 
and  its  tributaries;  Round  pond  and  its  tributaries;  Scott's 
Bog  and  its  tributaries;  East  Inlet  to  the  Second  Connecticut 
lake  and  its  tributaries,  all  in  the  town  of  Pittsburg,  and 
Clarksville  pond  in  Clarksville. 

2.  Sunapee  Lake.  Brook  trout  not  less  than  ten  inches  in 
length  may  be  taken  in  Sunapee  lake  from  May  first  to 
September  first  and  by  artificial  flies  only  during  the  month  of 
September. 

3.  Limits.  During  the  open  season  therefor  as  provided 
in  sections  1  and  2  hereof  no  person  may  take  more  than  ten 


*  See  also  chapter  167,  post. 


106  Chapter  97  [1941 

brook  trout  or  more  than  five  pounds  in  weight  in  one  day, 
provided  that  so  long  as  he  has  taken  less  than  ten  in  number 
and  less  than  five  pounds  in  weight  he  shall  be  entitled  to  take 
one  additional  fish. 

4.  Amendment.  Such  of  the  provisions  of  chapter  50  of 
the  Laws  of  1941,  approved  April  8,  1941,  as  are  inconsistent 
with  the  provisions  hereof  are  hereby  repealed. 

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

[Approved  May  1,  1941.] 


CHAPTER  97. 

AN  ACT  TO  MAKE  UNIFORM  THE  LAW  OF  WAREHOUSE  RECEIPTS. 

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

The  Issue  of  Warehouse  Receipts 

1.  Persons  Who  May  Issue  Receipts.  Warehouse  receipts 
may  be  issued  by  any  warehouseman. 

2.  Form  of  Receipts;  Essential  Terms.  Warehouse  re- 
ceipts need  not  be  in  any  particular  form,  but  every  such 
receipt  must  embody  within  its  written  or  printed  terms : 

(a)  The  location  of  the  warehouse  where  the  goods  are 
stored, 

(b)  The  date  of  issue  of  the  receipt, 

(c)  The  consecutive  number  of  the  receipt, 

(d)  A  statement  whether  the  goods  received  will  be  de- 
livered to  the  bearer,  to  a  specified  person,  or  to  a  specified 
person  or  his  order, 

(e)  The  rate  of  storage  charges, 

(f)  A  description  of  the  goods  or  of  the  packages  con- 
taining them, 

(g)  The  signature  of  the  warehouseman,  which  may  be 
made  by  his  authorized  agent, 

(h)  If  the  receipt  is  issued  for  goods  of  which  the  ware- 
houseman is  owner,  either  solely  or  jointly  or  in  common  with 
others,  the  fact  of  such  ownership,  and 

(i)  A  statement  of  the  amount  of  advances  made  and 
of  liabilities  incurred  for  which  the  warehouseman  claims  a 
lien.     If  the  precise  amount  of  such  advances  made  or  of  such 


1941]  Chapter  97  107 

liabilities  incurred  is,  at  the  time  of  the  issue  of  the  receipt, 
unknown  to  the  warehouseman  or  to  his  agent  who  issues  it, 
a  statement  of  the  fact  that  advances  have  been  made  or 
liabilities  incurred  and  the  purpose  thereof  is  sufficient. 

A  warehouseman  shall  be  liable  to  any  person  injured 
thereby,  for  all  damage  caused  by  the  omission  from  a 
negotiable  receipt  of  any  of  the  terms  herein  required. 

3.  What  Terms  May  be  Inserted.  A  warehouseman  may 
insert  in  a  receipt,  issued  by  him,  any  other  terms  and  con- 
ditions, provided  that  such  terms  and  conditions  shall  not: 

(a)  Be  contrary  to  the  provisions  of  this  act, 

(b)  In  any  wise  impair  his  obligation  to  exercise  that 
degree  of  care  in  the  safe-keeping  of  the  goods  entrusted  to 
him  which  a  reasonably  careful  man  would  exercise  in  regard 
to  similar  goods  of  his  own. 

4.  Definition  of  Non-Negotiable  Receipt.  A  receipt  in 
which  it  is  stated  that  the  goods  received  will  be  delivered  to 
the  depositor,  or  to  any  other  specified  person,  is  a  non- 
negotiable  receipt. 

5.  Definition  of  Negotiable  Receipt.  A  receipt  in  which 
it  is  stated  that  the  goods  received  will  be  delivered  to  the 
bearer,  or  to  the  order  of  any  person  named  in  such  receipt, 
is  a  negotiable  receipt.  No  provision  shall  be  inserted  in  a 
negotiable  receipt  that  it  is  non-negotiable.  Such  provision, 
if  inserted,  shall  be  void. 

6.  Duplicate  Receipts  Must  be  so  Marked.  When  more 
than  one  negotiable  receipt  is  issued  for  the  same  goods,  the 
word  "duplicate"  shall  be  plainly  placed  upon  the  face  of  every 
such  receipt,  except  the  one  first  issued.  A  warehouseman 
shall  be  liable  for  all  damage  caused  by  his  failure  so  to  do  to 
any  one  who  purchased  the  subsequent  receipt  for  value 
supposing  it  to  be  an  original,  even  though  the  purchase  be 
after  the  delivery  of  the  goods  by  the  warehouseman  to  the 
holder  of  the  original  receipt. 

7.  Failure  to  Mark  "Not  Negotiable."  A  non-negotiable 
receipt  shall  have  plainly  placed  upon  its  face  by  the  ware- 
houseman issuing  it  "non-negotiable,"  or  "not  negotiable."  In 
case  of  the  warehouseman's  failure  so  to  do,  a  holder  of  the  re- 
ceipt who  purchased  it  for  value  supposing  it  to  be  negotiable, 
may,  at  his  option,  treat  such  receipt  as  imposing  upon  the 
warehouseman  the  same  liabilities  he  would  have  incurred  had 
the  receipt  been  negotiable.      This  section  shall  not  apply, 


108  Chapter  97  [1941 

however,  to  letters,  memoranda,  or  written  acknowledgments 
of  an  informal  character. 

Obligations  and  Rights  of  Warehousemen  Upon  Their  Receipts 

8.  Obligation  of  Warehouseman  to  Deliver.  A  warehouse- 
man, in  the  absence  of  some  lawful  excuse  provided  by  this 
act,  is  bound  to  deliver  the  goods  upon  a  demand  made  either 
by  the  holder  of  a  receipt  for  the  goods  or  by  the  depositor, 
if  such  demand  is  accompanied  with: 

(a)  An  offer  to  satisfy  the  warehouseman's  lien, 

(b)  An  offer  to  surrender  the  receipt  if  negotiable,  with 
such  indorsements  as  would  be  necessary  for  the  negotiation 
of  the  receipt,  and 

(c)  A  readiness  and  willingness  to  sign,  when  the  goods 
are  delivered,  an  acknowledgment  that  they  have  been  de- 
livered, if  such  signature  is  requested  by  the  warehouseman. 

In  case  the  warehouseman  refuses  or  fails  to  deliver  the 
goods  in  compliance  with  a  demand  by  the  holder  or  depositor 
so  accompanied,  the  burden  shall  be  upon  the  warehouseman 
to  establish  the  existence  of  a  lawful  excuse  for  such  refusal. 

9.  Justification  of  Warehouseman  in  Delivering.  A  ware- 
houseman is  justified  in  delivering  the  goods,  subject  to  the 
provisions  of  the  three  following  sections,  to  one  who  is: 

(a)  The  person  lawfully  entitled  to  the  possession  of 
the  goods,  or  his  agent, 

(b)  A  person  who  is  either  himself  entitled  to  delivery 
by  the  terms  of  a  non-negotiable  receipt  issued  for  the  goods, 
or  who  has  written  authority  from  the  person  so  entitled 
either  indorsed  upon  the  receipt  or  written  upon  another 
paper,  or 

(c)  A  person  in  possession  of  a  negotiable  receipt  by 
the  terms  of  which  the  goods  are  deliverable  to  him  or  order, 
or  to  bearer,  or  which  has  been  indorsed  to  him  or  in  blank  by 
the  person  to  whom  delivery  was  promised  by  the  terms  of 
the  receipt  or  by  his  mediate  or  immediate  indorsee. 

10.  Warehouseman's  Liability  for  Misdelivery.  Where  a 
warehouseman  delivers  the  goods  to  one  who  is  not  in  fact 
lawfully  entitled  to  the  possesssion  of  them,  the  warehouse- 
man shall  be  liable  as  for  conversion  to  all  having  a  right  of 
property  or  possession  in  the  goods  if  he  delivered  the  goods 
otherwise  than  as  authorized  by  paragraphs  (b)  and  (c)  of  the 


1941]  Chapter  97  109 

preceding  section  and  though  he  delivered  the  goods  as 
authorized  by  said  paragraphs  he  shall  be  so  liable,  if  prior 
to  such  delivery  he  had  either: 

(a)  Been  requested,  by  or  on  behalf  of  the  person  law- 
fully entitled  to  a  right  of  property  or  possession  in  the  goods, 
not  to  make  such  delivery,  or 

(b)  Had  information  that  the  delivery  about  to  be  made 
was  to  one  not  lawfully  entitled  to  the  possession  of  the  goods. 

11.  Negotiable  Receipts  Must  be  Canceled  When  Goods 
Delivered.  Except  as  provided  in  section  36,  where  a  ware- 
houseman delivers  goods  for  which  he  had  issued  a  negotiable 
receipt,  the  negotiation  of  which  would  transfer  the  right  to 
the  possession  of  the  goods,  and  fails  to  take  up  and  cancel 
the  receipt,  he  shall  be  liable  to  any  one  who  purchases  for 
value  in  good  faith  such  receipt,  for  failure  to  deliver  the 
goods  to  him,  whether  such  purchaser  acquired  title  to  the 
receipt  before  or  after  the  delivery  of  the  goods  by  the  ware- 
houseman. 

12.  Negotiable  Receipts  Must  be  Canceled  or  Marked 
When  Part  of  Goods  Delivered.  Except  as  provided  in  sec- 
tion 36,  where  a  warehouseman  delivers  part  of  the  goods  for 
which  he  had  issued  a  negotiable  receipt  and  fails  either  to 
take  up  and  cancel  such  receipt,  or  to  place  plainly  upon  it  a 
statement  of  what  goods  or  packages  have  been  delivered 
he  shall  be  liable,  to  any  one  who  purchases  for  value  in  good 
faith  such  receipt,  for  failure  to  deliver  all  the  goods  specified 
in  the  receipt,  whether  such  purchaser  acquired  title  to  the 
receipt  before  or  after  the  delivery  of  any  portion  of  the 
goods  by  the  warehouseman. 

13.  Altered  Receipts.  The  alteration  of  a  receipt  shall  not 
excuse  the  warehouseman  who  issued  it  from  any  liability  if 
such  alteration  was : 

(a)  Immaterial, 

(b)  Authorized,  or 

(c)  Made  without  fraudulent  intent. 

If  the  alteration  was  authorized,  the  warehouseman  shall 
be  liable  according  to  the  terms  of  the  receipt  as  altered.  If 
the  alteration  was  unauthorized,  but  made  without  fraudulent 
intent,  the  warehouseman  shall  be  liable  according  to  the 
terms  of  the  receipt,  as  they  were  before  alteration. 


110  Chapter  97  [1941 

Material  and  fraudulent  alteration  of  a  receipt  shall  not 
excuse  the  warehouseman  who  issued  it  from  liability  to  de- 
liver, according  to  the  terms  of  the  receipt  as  originally 
issued,  the  goods  for  which  it  was  issued,  but  shall  excuse 
him  from  any  other  liability  to  the  person  who  made  the 
alteration  and  to  any  person  who  took  with  notice  of  the  alter- 
ation. Any  purchaser  of  the  receipt  for  value  without  notice 
of  the  alteration  shall  acquire  the  same  rights  against  the 
warehouseman  which  such  purchaser  would  have  acquired  if 
the  receipt  had  not  been  altered  at  the  time  of  the  purchase. 

14.  Lost  or  Destroyed  Receipts.  Where  a  negotiable  re- 
ceipt has  been  lost  or  destroyed,  the  superior  court  may  order 
the  delivery  of  the  goods  upon  satisfactory  proof  of  such  loss 
or  destruction  and  upon  the  giving  of  a  bond  with  sufficient 
sureties  to  be  approved  by  the  court  to  protect  the  warehouse- 
man from  any  liability  or  expense  which  he  or  any  person  in- 
jured by  such  delivery  may  incur  by  reason  of  the  original 
receipt  remaining  outstanding.  The  delivery  of  the  goods 
under  an  order  of  the  court  as  provided  in  this  section  shall 
not  relieve  the  warehouseman  from  liability  to  a  person  to 
whom  the  negotiable  receipt  has  been  or  shall  be  negotiated 
for  value  without  notice  of  the  proceedings  or  of  the  delivery 
of  the  goods. 

15.  Effect  of  Duplicate  Receipts.  A  receipt  upon  the  face 
of  which  the  word  "duplicate"  is  plainly  placed  is  a  represen- 
tation and  warranty  by  the  warehouseman  that  such  receipt 
is  an  accurate  copy  of  an  original  receipt  properly  issued  and 
uncanceled  at  the  date  of  the  issue  of  the  duplicate,  but  shall 
impose  upon  him  no  other  liability. 

16.  Warehouseman  Cannot  Set  up  Title  in  Himself.  No 
title  or  right  to  the  possession  of  the  goods,  on  the  part  of  the 
warehouseman,  unless  such  title  or  right  is  derived  directly 
or  indirectly  from  a  transfer  made  by  the  depositor  at  the 
time  of  or  subsequent  to  the  deposit  for  storage,  or  from  the 
warehouseman's  lien,  shall  excuse  the  warehouseman  from 
liability  for  refusing  to  deliver  the  goods  according  to  the 
terms  of  the  receipt. 

17.  Interpleader  of  Adverse  Claimants.  If  more  than  one 
person  claims  the  title  or  possession  of  the  goods,  the  ware- 
houseman may,  either  as  a  defense  to  an  action  brought 
against  him  for  nondelivery  of  the  goods,  or  as  an  original 


1941]  Chapter  97  111 

suit,  whichever  is  appropriate,  require  all  known  claimants  to 
interplead. 

18.  Warehouseman  has  Reasonable  Time  to  Determine 
Validity  of  Claims.  If  some  one  other  than  the  depositor  or 
person  claiming  under  him  has  a  claim  to  the  title  or 
possession  of  the  goods,  and  the  warehouseman  has  informa- 
tion of  such  claim,  the  warehouseman  shall  be  excused  from 
liability  for  refusing  to  deliver  the  goods,  either  to  the  de- 
positor or  person  claiming  under  him  or  to  the  adverse 
claimant,  until  the  warehouseman  has  had  a  reasonable  time 
to  ascertain  the  validity  of  the  adverse  claim  or  to  bring  legal 
proceedings  to  compel  all  claimants  to  interplead. 

19.  Adverse  Title  is  no  Defense  Except  as  Above  Provided. 
Except  as  provided  in  the  two  preceding  sections  and  in  sec- 
tions 9  and  36,  no  right  or  title  of  a  third  person  shall  be  a 
defense  to  an  action  brought  by  the  depositor  or  person  claim- 
ing under  him  against  the  warehouseman  for  failure  to  de- 
liver the  goods  according  to  the  terms  of  the  receipt. 

20.  Liability  for  Non-Existence  or  Misdescription  of 
Goods.  A  warehouseman  shall  be  liable  to  the  holder  of  a 
receipt,  issued  by  him  or  on  his  behalf  by  an  agent  or  em- 
ployee the  scope  of  whose  actual  or  apparent  authority  in- 
cludes the  issuing  of  warehouse  receipts,  for  damages  caused 
by  the  non-existence  of  the  goods  or  by  the  failure  of  the 
goods  to  correspond  with  the  description  thereof  in  the  receipt 
at  the  time  of  its  issue.  If,  however,  the  goods  are  described 
in  a  receipt  merely  by  a  statement  of  marks  or  labels  upon 
them,  or  upon  packages  containing  them,  or  by  a  statement 
that  the  goods  are  said  to  be  goods  of  a  certain  kind,  or  that 
the  packages  containing  the  goods  are  said  to  contain  goods 
of  a  certain  kind,  or  by  words  of  like  purport,  such  state- 
ments, if  true,  shall  not  make  liable  the  warehouseman  issuing 
the  receipt,  although  the  goods  are  not  of  the  kind  which  the 
marks  or  labels  upon  them  indicate,  or  of  the  kind  they  were 
said  to  be  by  the  depositor. 

21.  Liability  for  Care  of  Goods.  A  warehouseman  shall 
be  liable  for  any  loss  or  injury  to  the  goods  caused  by  his  fail- 
ure to  exercise  such  care  in  regard  to  them  as  a  reasonably 
careful  owner  of  similar  goods  would  exercise,  but  he  shall  not 
be  liable,  in  the  absence  of  an  agreement  to  the  contrary,  for 
any  loss  or  injury  to  the  goods  which  could  not  have  been 
avoided  by  the  exercise  of  such  care. 


112  Chapter  97  [1941 

22.  Goods  Must  be  Kept  Separate.  Except  as  provided  in 
the  following  section,  a  warehouseman  shall  keep  the  goods  so 
far  separate  from  goods  of  other  depositors,  and  from  other 
goods  of  the  same  depositor  for  which  a  separate  receipt  has 
been  issued,  as  to  permit  at  all  times  the  identification  and  re- 
delivery of  the  goods  deposited. 

23.  Fungible  Goods  May  be  Commingled,  if  Warehouseman 
Authorized.  If  authorized  by  agreement  or  by  custom,  a 
warehouseman  may  mingle  fungible  goods  with  other  goods 
of  the  same  kind  and  grade.  In  such  case  the  various  de- 
positors of  the  mingled  goods  shall  own  the  entire  mass  in 
common  and  each  depositor  shall  be  entitled  to  such  portion 
thereof  as  the  amount  deposited  by  him  bears  to  the  whole. 

24.  Liability  of  Warehouseman  to  Depositors  of  Com- 
mingled Goods.  The  warehouseman  shall  be  severally  liable 
to  each  depositor  for  the  care  and  re-delivery  of  his  share  of 
such  mass  to  the  same  extent  and  under  the  same  circum- 
stances as  if  the  goods  had  been  kept  separate. 

25.  Attachment  or  Levy  Upon  Goods  for  Which  Negotiable 
Receipt  Has  Been  Issued.  If  goods  are  delivered  to  a  ware- 
houseman by  the  owner  or  by  a  person  whose  act  in  convey- 
ing the  title  to  them  to  a  purchaser  in  good  faith  for  value 
would  bind  the  owner,  and  a  negotiable  receipt  is  issued  for 
them,  they  cannot  thereafter,  while  in  the  possession  of  the 
warehouseman,  be  attached  by  trustee  proceedings  or  other- 
wise, or  be  levied  upon  under  an  execution,  unless  the  receipt 
be  first  surrendered  to  the  warehouseman,  or  its  negotiation 
enjoined.  The  warehouseman  shall  in  no  case  be  compelled 
to  deliver  up  the  actual  possession  of  the  goods  until  the  re- 
ceipt is  surrendered  to  him  or  impounded  by  the  court. 

26.  Creditors'  Remedies  to  Reach  Negotiable  Receipts.  A 
creditor  whose  debtor  is  the  owner  of  a  negotiable  receipt 
shall  be  entitled  to  such  aid  from  the  superior  court,  by  in- 
junction and  otherwise,  in  attaching  such  receipt  or  in  satisfy- 
ing the  claim  by  means  thereof  as  is  allowed  at  law  or  in 
equity,  in  regard  to  property  which  cannot  readily  be  attached 
or  levied  upon  by  ordinary  legal  process. 

27.  What  Claims  are  Included  in  the  Warehouseman's 
Lien.  Subject  to  the  provisions  of  section  30,  a  warehouse- 
man shall  have  a  lien  on  goods  deposited  or  on  the  proceeds 
thereof  in  his  hands,  for  all  lawful  charges  for  storage  and 


1941]  Chapter  97  113 

preservation  of  the  goods ;  also  for  all  lawful  claims  for  money 
advanced,  interest,  insurance,  transportation,  labor,  weighing, 
coopering  and  other  charges  and  expenses  in  relation  to  such 
goods ;  also  for  all  reasonable  charges  and  expenses  for  notice, 
and  advertisements  of  sale,  and  for  sale  of  the  goods  where 
default  has  been  made  in  satisfying  the  warehouseman's  lien, 

28.  Against  What  Property  the  Lien  May  be  Enforced. 
Subject  to  the  provisions  of  section  30  a  warehouseman's  lien 
may  be  enforced: 

(a)  Against  all  goods,  whenever  deposited,  belonging  to 
the  person  who  is  liable  as  debtor  for  the  claims  in  regard  to 
which  the  lien  is  asserted,  and 

(b)  Against  all  goods  belonging  to  others  which  have 
been  deposited  at  any  time  by  the  person  who  is  liable  as 
debtor  for  the  claims  in  regard  to  which  the  lien  is  asserted 
if  such  person  had  been  so  entrusted  with  the  possession  of 
the  goods  that  a  pledge  of  the  same  by  him  at  the  time  of  the 
deposit  to  one  who  took  the  goods  in  good  faith  for  value 
would  have  been  valid. 

29.  How  the  Lien  May  be  Lost.  A  warehouseman  loses 
his  lien  upon  goods: 

(a)  By  surrendering  possession  thereof,  or 

(b)  By  refusing  to  deliver  the  goods  when  a  demand  is 
made  with  which  he  is  bound  to  comply  under  the  provisions 
of  this  act. 

30.  Negotiable  Receipt  Must  State  Charges  for  Which 
Lien  is  Claimed.  If  a  negotiable  receipt  is  issued  for  goods, 
the  warehouseman  shall  have  no  lien  thereon,  except  for 
charges  for  storage  of  those  goods  subsequent  to  the  date  of 
the  receipt,  unless  the  receipt  expressly  enumerates  other 
charges  for  which  a  lien  is  claimed.  In  such  case  there  shall  be 
a  lien  for  the  charges  enumerated  so  far  as  they  are  within  the 
terms  of  section  27,  although  the  amount  of  the  charges  so 
enumerated  is  not  stated  in  the  receipt. 

31.  Warehouseman  Need  Not  Deliver  Until  Lien  is 
Satisfied.  A  warehouseman  having  a  lien  valid  against  the 
person  demanding  the  goods  may  refuse  to  deliver  the  goods 
to  him  until  the  lien  is  satisfied. 

32.  Warehouseman's  Lien  Does  Not  Preclude  Other 
Remedies.  Whether  a  warehouseman  has  or  has  not  a  lien 
upon  the  goods,  he  is  entitled  to  all  remedies  allowed  by  law 


114  Chapter  97  [1941 

to  a  creditor  against  his  debtor,  for  the  collection  from  the 
depositor  of  all  charges  and  advances  which  the  depositor  has 
expressly  or  impliedly  contracted  with  the  warehouseman  to 
pay. 

33.  Satisfaction  of  Lien  by  Sale.  A  warehouseman's  lien 
for  a  claim  which  has  become  due  may  be  satisfied  as  follows : 
The  warehouseman  shall  give  a  written  notice  to  the  per- 
son on  whose  account  the  goods  are  held,  and  to  any  other 
person  known  by  the  warehouseman  to  claim  an  interest  in 
the  goods.  Such  notice  shall  be  given  by  delivery  in  person 
or  by  registered  letter  addressed  to  the  last  known  place  of 
business  or  abode  of  the  person  to  be  notified.  The  notice 
shall  contain : 

(a)  An  itemized  statement  of  the  warehouseman's 
claim,  showing  the  sum  due  at  the  time  of  the  notice  and  the 
date  or  dates  when  it  became  due, 

(b)  A  brief  description  of  the  goods  against  which  the 
lien  exists, 

(c)  A  demand  that  the  amount  of  the  claim  as  stated 
in  the  notice,  and  of  such  further  claim  as  shall  accrue,  shall 
be  paid  on  or  before  a  day  mentioned,  not  less  than  ten  days 
from  the  delivery  of  the  notice  if  it  is  personally  delivered,  or 
from  the  time  when  the  notice  should  reach  its  destination, 
according  to  the  due  course  of  post,  if  the  notice  is  sent  by 
mail,  and 

(d)  A  statement  that  unless  the  claim  is  paid  within 
the  time  specified  the  goods  will  be  advertised  for  sale  and 
sold  by  auction  at  a  specified  time  and  place. 

In  accordance  with  the  terms  of  a  notice  so  given,  a  sale 
of  the  goods  by  auction  may  be  had  to  satisfy  any  valid  claim 
of  the  warehouseman  for  which  he  has  a  lien  on  the  goods. 
The  sale  shall  be  had  in  the  place  where  the  lien  was  acquired, 
or,  if  such  place  is  manifestly  unsuitable  for  the  purpose,  at 
the  nearest  suitable  place.  After  the  time  for  the  payment 
of  the  claim  specified  in  the  notice  to  the  depositor  has 
elapsed,  an  advertisement  of  the  sale,  describing  the  goods  to 
be  sold,  and  stating  the  name  of  the  owner  or  person  on  whose 
account  the  goods  are  held,  and  the  time  and  place  of  the  sale, 
shall  be  published  once  a  week  for  two  consecutive  weeks  in  a 
newspaper  published  in  the  place  where  such  sale  is  to  be  held. 
The  sale  shall  not  be  held  less  than  fifteen  days  from  the  time 


1941]  Chapter  97  115 

of  the  first  publication.  If  there  is  no  newspaper  published  in 
such  place,  the  advertisement  shall  be  posted  at  least  fifteen 
days  before  such  sale  in  not  less  than  two  conspicuous  places 
therein. 

From  the  proceeds  of  such  sale  the  warehouseman  shall 
satisfy  his  lien,  including  the  reasonable  charges  of  notice, 
advertisement  and  sale.  The  balance,  if  any,  of  such  pro- 
ceeds shall  be  held  by  the  warehouseman,  and  delivered  on  de- 
mand to  the  person  to  whom  he  would  have  been  bound  to 
deliver  or  justified  in  delivering  the  goods. 

At  any  time  before  the  goods  are  so  sold  any  person 
claiming  a  right  of  property  or  possession  therein  may  pay 
the  warehouseman  the  amount  necessary  to  satisfy  his  lien 
and  to  pay  the  reasonable  expenses  and  liabilities  incurred  in 
serving  notices  and  advertising  and  preparing  for  the  sale  up 
to  the  time  of  such  payment.  The  warehouseman  shall  de- 
liver the  goods  to  the  person  making  such  payment  if  he  is  a 
person  entitled,  under  the  provisions  of  this  act,  to  the 
possession  of  the  goods  on  payment  of  charges  thereon. 
Otherwise  the  warehouseman  shall  retain  possession  of  the 
goods  according  to  the  terms  of  the  original  contract  of  de- 
posit. 

34.  Perishable  and  Hazardous  Goods.  If  goods  are  of  a 
perishable  nature,  or  by  keeping  will  deteriorate  greatly  in 
value,  or  by  their  odor,  leakage,  inflammability  or  explosive 
nature,  will  be  liable  to  injure  other  property,  the  warehouse- 
man may  give  such  notice  to  the  owner,  or  to  the  person  in 
whose  name  the  goods  are  stored,  as  is  reasonable  and  possible 
under  the  circumstances,  to  satisfy  the  lien  upon  such  goods, 
and  to  remove  them  from  the  warehouse,  and  in  the  event  of 
the  failure  of  such  person  to  satisfy  the  lien  and  to  remove 
the  goods  within  the  time  so  specified,  the  warehouseman 
may  sell  the  goods  at  public  or  private  sale  without  advertis- 
ing. If  the  warehouseman  after  a  reasonable  eflfort  is  unable 
to  sell  such  goods,  he  may  dispose  of  them  in  any  lawful 
manner,  and  shall  incur  no  liability  by  reason  thereof. 

The  proceeds  of  any  sale  made  under  the  terms  of  this 
section  shall  be  disposed  of  in  the  same  way  as  the  proceeds 
of  sales  made  under  the  terms  of  the  preceding  section. 

35.  Other  Methods  of  EnforcinT^  Liens.  The  remedy  for 
enforcing  a  lien  herein  provided  does  not  preclude  any  other 


116  Chapter  97  [1941 

remedies  allowed  by  law  for  the  enforcement  of  a  lien  against 
personal  property  nor  bar  the  right  to  recover  so  much  of  the 
warehouseman's  claim  as  shall  not  be  paid  by  the  proceeds  of 
the  sale  of  the  property. 

36.  Effect  of  Sale.  After  goods  have  been  lawfully  sold 
to  satisfy  a  warehouseman's  lien,  or  have  been  lawfully  sold 
or  disposed  of  because  of  their  perishable  or  hazardous  nature, 
the  warehouseman  shall  not  thereafter  be  liable  for  failure 
to  deliver  the  goods  to  the  depositor,  or  owner  of  the  goods, 
or  to  a  holder  of  the  receipt  given  for  the  goods  when  they 
were  deposited,  even  if  such  receipt  be  negotiable. 

Negotiation  and  Transfer  of  Receipts 

37.  Negotiation  of  Negotiable  Receipts  by  Delivery.     A 

negotiable  receipt  may  be  negotiated  by  delivery: 

(a)  Where,  by  the  terms  of  the  receipt,  the  warehouse- 
man undertakes  to  deliver  the  goods  to  the  bearer,  or 

(b)  Where,  by  the  terms  of  the  receipt,  the  warehouse- 
man undertakes  to  deliver  the  goods  to  the  order  of  a  specified 
person,  and  such  person  or  a  subsequent  indorsee  of  the 
receipt  has  indorsed  it  in  blank  or  to  bearer. 

Where,  by  the  terms  of  a  negotiable  receipt,  the  goods 
are  deliverable  to  bearer  or  where  a  negotiable  receipt  has  been 
indorsed  in  blank  or  to  bearer,  any  holder  may  indorse  the 
same  to  himself  or  to  any  other  specified  person,  and  in  such 
case  the  receipt  shall  thereafter  be  negotiated  only  by  the  in- 
dorsement of  such  indorsee. 

38.  Negotiation  of  Negotiable  Receipts  by  Indorsement. 
A  negotiable  receipt  may  be  negotiated  by  the  indorsement  of 
the  person  to  whose  order  the  goods  are,  by  the  terms  of  the 
receipt,  deliverable.  Such  indorsement  may  be  in  blank,  to 
bearer  or  to  a  specified  person.  If  indorsed  to  a  specified  per- 
son, it  may  be  again  negotiated  by  the  indorsement  of  such 
person  in  blank,  to  bearer  or  to  another  specified  person. 
Subsequent  negotiation  may  be  made  in  Hke  manner. 

39.  Transfer  of  Receipts.  A  receipt  which  is  not  in  such 
form  that  it  can  be  negotiated  by  delivery  may  be  transferred 
by  the  holder  by  delivery  to  a  purchaser  or  donee.  A  non- 
negotiable  receipt  cannot  be  negotiated,  and  the  indorsement 
of  such  a  receipt  gives  the  transferee  no  additional  right. 


1941]  Chapter  97  117 

40.  Who  May  Negotiate  a  Receipt.  A  negotiable  receipt 
may  be  negotiated  by  any  person  in  possession  of  the  same, 
however  such  possession  may  have  been  acquired  if,  by  the 
terms  of  the  receipt,  the  warehouseman  undertakes  to  deliver 
the  goods  to  the  order  of  such  person,  or  if  at  the  time  of 
negotiation  the  receipt  is  in  such  form  that  it  may  be 
negotiated  by  delivery. 

41.  Rights  of  Person  to  Whom  a  Receipt  Has  Been 
Negotiated.  A  person  to  whom  a  negotiable  receipt  has  been 
duly  negotiated  acquires  thereby: 

(a)  Such  title  to  the  goods  as  the  person  negotiating  the 
receipt  to  him  had  or  had  ability  to  convey  to  a  purchaser  in 
good  faith  for  value,  and  also  such  title  to  the  goods  as  the 
depositor  or  person  to  whose  order  the  goods  were  to  be  de- 
livered by  the  terms  of  the  receipt  had  or  had  ability  to  con- 
vey to  a  purchaser  in  good  faith  for  value,  and 

(b)  The  direct  obligation  of  the  warehouseman  to  hold 
possession  of  the  goods  for  him  according  to  the  terms  of  the 
receipt  as  fully  as  if  the  warehouseman  had  contracted 
directly  with  him. 

42.  Rights  of  Person  to  Whom  a  Receipt  has  Been  Trans- 
ferred. A  person  to  whom  a  receipt  has  been  transferred  but 
not  negotiated  acquires  thereby,  as  against  the  transferor,  the 
title  of  the  goods,  subject  to  the  terms  of  any  agreement  with 
the  transferor. 

If  the  receipt  is  non-negotiable  such  person  also  acquires 
the  right  to  notify  the  warehouseman  of  the  transfer  to  him 
of  such  receipt,  and  thereby  to  acquire  the  direct  obligation 
of  the  warehouseman  to  hold  possession  of  the  goods  for  him 
according  to  the  terms  of  the  receipt. 

Prior  to  the  notification  of  the  warehouseman  by  the 
transferor  or  transferee  of  a  non-negotiable  receipt,  the  title 
of  the  transferee  to  the  goods  and  the  right  to  acquire  the 
obligation  of  the  warehouseman  may  be  defeated  by  the  levy 
of  an  attachment  or  execution  upon  the  goods  by  a  creditor  of 
the  transferor,  or  by  a  notification  to  the  warehouseman  by 
the  transferor  or  a  subsequent  purchaser  from  the  transferor 
of  a  subsequent  sale  of  the  goods  by  the  transferor. 

43.  Transfer  of  Negotiable  Receipt  Without  Indorsement. 
Where  a  negotiable  receipt  is  transferred  for  value  by  de- 
livery, and  the  indorsement  of  the  transferor  is  essential  for 


118  Chapter  97  [1941 

negotiation,  the  transferee  acquires  a  right  against  the  trans- 
feror to  compel  him  to  indorse  the  receipt,  unless  a  contrary- 
intention  appears.  The  negotiation  shall  take  effect  as  of 
the  time  when  the  indorsement  is  actually  made. 

44.  Warranties  on  Sale  of  Receipt.  A  person  who  for 
value  negotiates  or  transfers  a  receipt  by  indorsement  or  de- 
livery, including  one  who  assigns  for  value  a  claim  secured  by 
a  receipt,  unless  a  contrary  intention  appears,  warrants : 

(a)  That  the  receipt  is  genuine, 

(b)  That  he  has  a  legal  right  to  negotiate  or  transfer  it, 

(c)  That  he  has  knowledge  of  no  fact  which  would  im- 
pair the  validity  or  worth  of  the  receipt,  and 

(d)  That  he  has  a  right  to  transfer  the  title  to  the  goods 
and  that  the  goods  are  merchantable  or  fit  for  a  particular 
purpose  whenever  such  warranties  would  have  been  implied, 
if  the  contract  of  the  parties  had  been  to  transfer  without  a 
receipt  the  goods  represented  thereby. 

45.  Indorser  Not  a  Guarantor.  The  indorsement  of  a 
receipt  shall  not  make  the  indorser  liable  for  any  failure  on 
the  part  of  the  warehouseman  or  previous  indorsers  of  the 
receipt  to  fulfil  their  respective  obligations. 

46.  No  Warranty  Implied  From  Accepting  Payment  of  a 
Debt.  A  mortgagee,  pledgee  or  holder  for  security  of  a  re- 
ceipt who  in  good  faith  demands  or  receives  payment  of  the 
debt  for  which  such  receipt  is  security,  whether  from  a  party 
to  a  draft  drawn  for  such  debt  or  from  any  other  person,  shall 
not  by  so  doing  be  deemed  to  represent  or  to  warrant  the 
genuineness  of  such  receipt  or  the  quantity  or  quality  of  the 
goods  therein  described. 

47.  When  Negotiation  Not  Impaired  by  Fraud,  Mistake,  or 
Duress.  The  validity  of  the  negotiation  of  a  receipt  is  not  im- 
paired by  the  fact  that  such  negotiation  was  a  breach  of  duty 
on  the  part  of  the  person  making  the  negotiation,  or  by  the 
fact  that  the  owner  of  the  receipt  was  deprived  of  the 
possession  of  the  same  by  loss,  theft,  fraud,  accident,  mistake, 
duress,  or  conversion,  if  the  person  to  whom  the  receipt  was 
negotiated,  or  the  person  to  whom  the  receipt  was  sub- 
sequently negotiated,  paid  value  therefor,  in  good  faith,  with- 
out notice  of  the  breach  of  duty  or  loss,  theft,  fraud,  accident, 
mistake,  duress,  or  conversion. 


1941]  Chapter  97  119 

48.  Subsequent  Negotiation.  Where  a  person  having  sold, 
mortgaged  or  pledged  goods  which  are  in  a  warehouse  and  for 
which  a  negotiable  receipt  has  been  issued,  or  having  sold, 
mortgaged  or  pledged  the  negotiable  receipt  representing  such 
goods,  continues  in  possession  of  the  negotiable  receipt,  the 
subsequent  negotiation  thereof  by  that  person  under  any  sale, 
or  other  disposition  thereof  to  any  person  receiving  the  same 
in  good  faith,  for  value  and  without  notice  of  the  previous 
sale,  mortgage  or  pledge,  shall  have  the  same  effect  as  if  the 
first  purchaser  of  the  goods  or  receipt  had  expressly  author- 
ized the  subsequent  negotiation. 

49.  Negotiation  Defeats  Vendor's  Lien.  Where  a  negoti- 
able receipt  has  been  issued  for  goods,  no  seller's  lien  or  right 
of  stoppage  in  transitu  shall  defeat  the  rights  of  any  pur- 
chaser for  value  in  good  faith  to  whom  such  receipt  has  been 
negotiated,  whether  such  negotiation  be  prior  or  subsequent 
to  the  notification  to  the  warehouseman  who  issued  such 
receipt  of  the  seller's  claim  to  a  lien  or  right  of  stoppage  in 
transitu.  Nor  shall  the  warehouseman  be  obliged  to  deliver 
or  justified  in  delivering  the  goods  to  an  unpaid  seller  unless 
the  receipt  is  first  surrendered  for  cancellation. 

Criminal  Offenses 

50.  Issue  of  Receipt  for  Goods  Not  Received.  A  ware- 
houseman, or  any  officer,  agent  or  servant  of  the  warehouse- 
man, who  issues  or  aids  in  issuing  a  receipt  knowing  that  the 
goods  for  which  such  receipt  is  issued  have  not  been  actually 
received  by  such  warehouseman,  or  are  not  under  his  actual 
control  at  the  time  of  issuing  such  receipt,  shall  be  guilty  of 
an  offense  and  upon  conviction  shall  be  punished  for  each  such 
offense  by  imprisonment  not  exceeding  three  years,  or  by  a 
fine  not  exceeding  five  thousand  dollars,  or  both. 

51.  Issue  of  Receipt  Containing  False  Statement.  A  ware- 
houseman, or  any  officer,  agent  or  servant  of  a  warehouseman, 
who  fraudulently  issues  or  aids  in  fraudulently  issuing  a  re- 
ceipt for  goods  knowing  that  it  contains  any  false  statement, 
shall  be  guilty  of  an  offense,  and  upon  conviction  shall  be 
punished  for  each  offense  by  imprisonment  not  exceeding  one 
year,  or  by  a  fine  not  exceeding  five  hundred  dollars,  or  both. 

52.  Issue  of  Duplicate  Receipts  Not  so  Marked.  A  ware- 
houseman, or  any  officer,  agent  or  servant  of  a  warehouseman, 


120  Chapter  97  [1941 

who  issues  or  aids  in  issuing  a  duplicate  or  additional  negoti- 
able receipt  for  goods,  knowing  that  a  former  negotiable  re- 
ceipt for  the  same  goods  or  any  part  of  them  is  outstanding 
and  uncancelled,  without  plainly  placing  upon  the  face  thereof 
the  word  "duplicate"  except  in  the  case  of  a  lost  or  destroyed 
receipt  after  proceedings  as  provided  for  in  section  14,  shall 
be  guilty  of  an  offense,  and  upon  conviction  shall  be  punished 
for  each  such  offense  by  imprisonment  not  exceeding  three 
years,  or  by  a  fine  not  exceeding  five  thousand  dollars,  or  both. 

53.  Issue  for  Warehouseman's  Goods  of  Receipts  Which  Do 
Not  State  That  Fact.  Where  there  are  deposited  with  or  held 
by  a  warehouseman  goods  of  which  he  is  owner,  either  solely 
or  jointly  or  in  common  with  others,  such  warehouseman,  or 
any  of  his  officers,  agents  or  servants  who,  knowing  this 
ownership,  issues  or  aids  in  issuing  a  negotiable  receipt  for 
such  goods  which  does  not  state  such  ownership,  shall  be 
guilty  of  an  offense,  and  upon  conviction,  shall  be  punished 
for  each  such  offense  by  imprisonment  not  exceeding  one  year, 
or  by  a  fine  not  exceeding  five  hundred  dollars,  or  both. 

54.  Delivery  of  Goods  Without  Obtaining  Negotiable 
Receipt.  A  warehouseman,  or  any  officer,  agent  or  servant  of 
a  warehouseman  who  delivers  goods  out  of  the  possession  of 
such  warehouseman,  knowing  that  a  negotiable  receipt  the 
negotiation  of  which  would  transfer  the  right  to  the 
possession  of  such  goods  is  outstanding  and  uncancelled,  with- 
out obtaining  the  possession  of  such  receipt  at  or  before  the 
time  of  such  delivery,  shall  except  in  the  cases  provided  for 
in  sections  14  and  36  be  guilty  of  an  offense,  and  upon  con- 
viction shall  be  punished  for  each  such  offense  by  imprison- 
ment not  exceeding  one  year,  or  by  fine  not  exceeding  five 
hundred  dollars,  or  both. 

55.  Negotiation  of  Receipt  for  Mortgaged  Goods.  Any 
person  who  deposits  goods  to  which  he  has  not  title,  or  upon 
which  there  is  a  lien  or  mortgage,  and  who  takes  for  such 
goods  a  negotiable  receipt  which  he  afterwards  negotiates  for 
value  with  intent  to  deceive  and  without  disclosing  his  want 
of  title  or  the  existence  of  the  lien  or  mortgage  shall  be 
guilty  of  an  offense,  and  upon  conviction  shall  be  punished 
for  each  such  offense  by  imprisonment  not  exceeding  one  year, 
or  by  a  fine  not  exceeding  five  hundred  dollars,  or  both. 


1941]  Chapter  97  121 

Interpretation 

56.  Cases  Not  Provided  for  in  Act.  In  any  case  not  pro- 
vided for  in  this  act,  the  rules  of  law  and  equity,  including  the 
law  merchant,  and  in  particular  the  rules  relating-  to  the  law 
of  principal  and  agent  and  to  the  effect  of  fraud,  misrepresen- 
tation, duress  or  coercion,  mistake,  bankruptcy  or  other  in- 
validating cause,  shall  govern. 

57.  Interpretation  Shall  Give  Effect  to  Purpose  of  Uni- 
formity. This  act  shall  be  so  interpreted  and  construed  as  to 
effectuate  its  general  purpose  to  make  uniform  the  law  of 
those  states  which  enact  it. 

58.  Definitions.  (1)  In  this  act,  unless  the  context  or 
subject  matter  otherwise  requires: 

"Action"  includes  counterclaim,  set-off,  and  suit  in 
equity. 

"Delivery"  means  voluntary  transfer  of  possession  from 
one  person  to  another. 

"Fungible  goods"  means  goods  of  which  any  unit  is,  from 
its  nature  or  by  mercantile  custom,  treated  as  the  equivalent 
of  any  other  unit. 

"Goods"  means  chattels  or  merchandise  in  storage,  or 
which  has  been  or  is  about  to  be  stored. 

"Holder"  of  a  receipt  means  a  person  who  has  both  actual 
possession  of  such  receipt  and  a  right  of  property  therein. 

"Order"  means  an  order  by  indorsement  on  the  receipt. 

"Owner"  does  not  include  mortgagee  or  pledgee. 

"Person"  includes  a  corporation  or  partnership  or  two  or 
more  persons  having  a  joint  or  common  interest. 

To  "purchase"  includes  to  take  as  mortgagee  or  as 
pledgee. 

"Purchaser"  includes  mortgagee  and  pledgee. 

"Receipt"  means  a  warehouse  receipt. 

"Value"  is  any  consideration  sufficient  to  support  a  simple 
contract.  An  antecedent  or  pre-existing  obligation,  whether 
for  money  or  not,  constitutes  value  where  a  receipt  is  taken 
either  in  satisfaction  thereof  or  as  security  therefor. 

"Warehouseman"  means  a  person  lawfully  engaged  in  the 
business  of  storing  goods  for  profit. 

(2)  A  thing  is  done  "in  good  faith"  within  the  meaning 
of  this  act,  when  it  is  in  fact  done  honestly,  whether  it  be  done 
negligently  or  not. 


122  Chapters  98,  99  [1941 

59.  Act  Does  Not  Apply  to  Existing  Receipts.  The  pro- 
visions of  this  act  do  not  apply  to  receipts  made  and  delivered 
prior  to  the  taking  effect  of  this  act. 

60.  Inconsistent  Legislation  Repealed.  All  acts  or  parts 
of  acts  inconsistent  with  this  act  are  hereby  repealed. 

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

62.  Name  of  Act.  This  act  may  be  cited  as  the  Uniform 
Warehouse  Receipts  Act. 

[Approved  May  6,  1941,  1 :30  o'clock,  p.  m.] 


CHAPTER  98. 

AN  ACT  RELATIVE  TO  THE  DEFINITION  OF  CHAUFFEUR. 

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

1.  Definition.  Amend  paragraph  III,  section  1,  chapter  99, 
Public  Laws  (paragraph  III,  section  1,  chapter  115,  commis- 
sioners' report)  by  striking  out  said  paragraph  and  inserting 
in  place  thereof  the  following:  III.  "Chauffeur,"  every  per- 
son who  is  employed  for  the  principal  purpose  of  operating  a 
motor  vehicle,  and  every  person  who  drives  a  motor  vehicle, 
other  than  his  own,  while  in  use  as  a  public,  common  or  con- 
tract carrier  of  persons  or  property. 

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

[Approved  May  6,  1941.] 


CHAPTER  99. 


AN  ACT  RELATIVE  TO  THE  OPERATION  OF  NONRESIDENT  PLEASURE 

MOTOR  VEHICLES. 

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

1.  Motor  Vehicles  of  Nonresidents.  Amend  section  26  of 
chapter  100  of  the  Public  Laws,  as  amended  by  section  3, 
chapter  190,  Laws  of  1939  (section  34,  chapter  116,  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 


1941]  Chapter  100  123 

place  thereof  the  following:  26.  Operation  Without  Regis- 
tration. A  motor  vehicle,  trailer,  or  semi-trailer,  owned  by  a 
nonresident,  used  solely  for  pleasure  and  duly  registered  for 
the  current  year  in  the  state,  district,  or  country  of  which  the 
owner  is  a  resident,  may  be  operated  upon  the  ways  of  this 
state  without  registration  provided  said  state,  district  or 
country  grants  like  privileges  to  residents  of  this  state. 

2.  Nonresident  Operators.  Amend  chapter  101,  Public 
Laws,  by  inserting  after  section  12,  (section  13,  chapter  117, 
commissioners'  report)  the  following  new  section:  12-a, 
Special  License  Not  Required.  A  nonresident  operator  of  a 
motor  vehicle,  who  is  the  holder  of  a  license  to  operate  a 
motor  vehicle  in  the  state,  district  or  country  in  which  he  re- 
sides, shall  not  be  required  to  obtain  a  license  to  operate  any 
pleasure  vehicle  within  this  state,  provided  he  does  not  re- 
ceive pay  for  such  operation. 

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

[Approved  May  6,  1941.] 


CHAPTER  100. 

AN  ACT  RELATIVE  TO  LICENSES  TO  OPERATE  MOTOR  VEHICLES. 

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

1.  Operators  Licenses.  Amend  section  10,  chapter  101, 
Public  Laws  (section  10,  chapter  117,  commissioners'  report) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  10.  Exception.  The  provisions  of  the  preceding 
section  shall  not  prevent  the  operation  of  a  motor  vehicle  by 
unlicensed  persons,  while  being  taught  to  operate,  when  ac- 
companied by  a  licensed  chauffeur  or  operator  who  is  actually 
occupying  seat  beside  the  person  who  is  being  taught  to 
ope:  ate,  excepting  only  persons  who  have  been  licensed  and 
whose  licenses  have  been  suspended  for  cause  and  persons  less 
than  sixteen  years  of  age;  but  said  licensed  chauffeur  or 
operator  shall  be  liable  for  the  violation  of  any  provision  of 
this  title  or  any  regulations  made  in  accordance  therewith 
committed  by  such  unlicensed  operator. 


124  Chapters  101,  102  [1941 

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

[Approved  May  6,  1941.] 


CHAPTER  101. 

AN  ACT  RELATING  TO  ATTACHING  OF  MOTOR  VEHICLE  PLATES. 

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

1.  Motor  Vehicle  Number  Plates.  Amend  section  1, 
chapter  103,  Public  Laws,  as  amended  by  chapter  94,  Laws  of 
1933,  and  chapter  68,  Laws  of  1939  (section  1,  chapter  119, 
commissioners'  report)  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  1.  How  Attached. 
Every  motor  vehicle  operated  in  or  on  any  way  in  this  state 
shall  have  displayed  conspicuously  thereon  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  twelve  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  May  6,  1941.] 


CHAPTER  102. 

AN  ACT  RELATING  TO  LUCAS  POND  IN  THE  TOWN  OP  NORTH  WOOD. 

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

1.  Lucas  Pond  in  Northwood.  No  person  shall  operate  up- 
on the  waters  of  Lucas  pond  in  the  town  of  Northwood  any 
boat  propelled  by  electric,  naphtha,  gasoline,  steam  or  other 
mechanical  power,  including  boats  propelled  by  so-called  out- 


1941]  Chapter  103  125 

board  motor.  Any  person  who  operates  a  boat  in  violation 
of  this  section  shall  be  fined  not  more  than  twenty-five  dollars. 
Any  fines  collected  under  the  provisions  hereof  shall  be  for 
the  use  of  the  town  of  Northwood. 

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

[Approved  May  9,  1941.] 


CHAPTER  103. 

AN  ACT  RELATIVE  TO  UNEMPLOYMENT  COMPENSATION. 

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  Public  Laws  (chapter  211  of  commissioners'  report),  as 
inserted  by  chapter  178,  Laws  of  1937  and  as  amended  by 
chapter  138,  Laws  of  1939,  by  striking  out  the  whole  of  the 
same  and  inserting  in  place  thereof  the  following: 

A.  "Base  Period"  means  the  calendar  year  immediately 
preceding  any  benefit  year,  except  that  the  base  period  for  an 
individual  who  is  inducted  into  compulsory  military  service  or 
who  volunteers  for  induction  under  the  terms  of  the  Selective 
Service  and  Training  Act  after  July  1,  1940  and  is  accepted 
shall  be  determined  in  accordance  with  the  provisions  of  sec- 
tion 2-D  of  this  chapter. 

2.  Employer.  Amend  section  1-H  (2)  of  said  chapter 
179-A  by  striking  out  the  words  "Title  IX  of  the  Social 
Security  Act"  and  inserting  in  place  thereof  the  words  the 
Federal  Unemployment  Tax  Act,  so  that  as  amended  said 
section  shall  read  as  follows : 

(2)  Any  other  employing  unit  subject  for  either  the 
current  or  preceding  calendar  year  to  the  tax  levied  by  the 
Federal  Unemployment  Tax  Act  as  amended. 

3.  Employment  Inclusions.  Amend  section  l-I  (1)  of  the 
Public  Laws,  chapter  179-A  as  inserted  by  chapter  178,  Laws 
of  1937,  and  as  amended  by  chapter  138,  Laws  of  1939,  by 
striking  out  the  phrase  "or  any  service  required  by  statute," 
so  that  as  amended  the  same  shall  read  as  follows : 

I.  "Employment"  (1)  subject  to  the  other  provisions  of 
this  subsection  means  service,  including  service  in  interstate 


126  Chapter  103  [1941 

commerce,  performed  for  wages  or  under  any  contract  of  hire, 
written  or  oral,  expressed  or  implied.  The  term  "employ- 
ment" shall  include  an  individual's  entire  service  performed 
within  or  both  within  and  without  this  state : 

(a)  If  all  or  the  greater  part  of  such  services  are  per- 
formed within  this  state;  or 

(b)  If  that  fact  is  not  readily  determinable  by  the  com- 
missioner, if  some  part  of  such  service  is  performed  in  this 
state  and  the  individual's  base  of  operations  or  place  from 
which  his  services  are  directed  or  controlled  is  in  this  state ;  or 

(c)  If  neither  of  the  foregoing  facts  are  readily 
determinable  by  the  commissioner,  if  some  part  of  such 
services  are  performed  in  this  state  and  the  individual's 
residence  is  in  this  state. 

4.  Employment  Exclusions.  Amend  section  l-I  (4)  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following: 

(4)     The  term  "employment"  shall  not  include: 

(a)  Agricultural  labor; 

(b)  Domestic  service  in  a  private  home,  local  college 
club  or  local  chapter  of  a  college  fraternity  or  sorority; 

(c)  Casual  labor  not  in  the  course  of  the  employer's 
trade  or  business; 

(d)  Service  performed  by  an  individual  in  the  employ 
of  his  son,  daughter,  or  spouse,  and  service  performed  by  a 
child  under  the  age  of  twenty-one  in  the  employ  of  his  father 
or  mother ; 

(e)  Service  performed  as  an  officer  or  member  of  the 
crew  of  a  vessel  on  the  navigable  waters  of  the  United  States ; 

(f)  Service  performed  in  the  employ  of  the  United 
States  government  or  of  an  instrumentality  of  the  United 
States  which  is  (A)  wholly  owned  by  the  United  States,  or 
(B)  exempt  from  the  tax  imposed  by  section  sixteen  hundred 
of  the  Federal  Internal  Revenue  Code  by  virtue  of  any  other 
provision  of  law;  provided,  that  if  this  state  should  not  be 
certified  by  the  federal  social  security  board  under  section  six- 
teen hundred  and  three  of  the  United  States  Internal  Revenue 
Code  for  any  year,  then  the  contributions  required  of  any  in- 
strumentalities of  the  United  States  government  under  this 
chapter  with  respect  to  such  year  shall  be  deemed  to  have 
been  erroneously  collected  within  the  meaning  of  section  11-F 


1941]  Chapter  103  127 

of  this  chapter  and  shall  be  refunded  by  the  commissioner 
from  the  fund  in  accordance  with  the  provisions  of  said 
section  11-F; 

(g)  Service  performed  in  the  employ  of  this  state  or 
any  other  state  or  of  any  of  the  political  subdivisions  thereof 
or  of  any  instrumentality  of  this  state  or  any  other  state  or 
any  of  the  political  subdivisions  thereof; 

(h)  Service  performed  in  the  employ  of  a  corporation, 
community  chest,  fund,  or  foundation,  organized  and  operated 
exclusively  for  religious,  charitable,  scientific,  literary,  or 
educational  purposes,  or  for  the  prevention  of  cruelty  to  chil- 
dren or  animals,  and  service  performed  in  the  employ  of 
fraternal  organizations  operating  under  the  lodge  system,  no 
part  of  the  net  earnings  of  which  inures  to  the  benefit  of  any 
private  shareholder  or  individual;  and  no  substantial  part  of 
the  activities  of  which  is  carrying  on  propaganda  or  otherwise 
attempting  to  influence  legislation; 

(i)  Service  performed  in  the  employ  of  a  fraternal 
beneficiary  society,  order,  or  association,  (a)  operating  under 
the  lodge  system  or  for  the  exclusive  benefit  of  the  members 
of  a  fraternity  itself  operating  under  the  lodge  system;  and 
(b)  providing  for  the  payment  of  life,  sick,  accident,  or  other 
benefits  to  the  members  of  such  society,  order,  or  association 
or  their  dependents; 

(j)  Service  performed  in  the  employ  of  a  cemetery  com- 
pany owned  and  operated  exclusively  for  the  benefit  of  its 
members  or  which  is  not  operated  for  profit;  and  any  corpo- 
ration chartered  solely  for  burial  purposes  as  a  cemetery 
corporation  and  not  permitted  by  its  charter  to  engage  in  any 
business  not  necessarily  incident  to  that  purpose,  no  part  of 
the  net  earnings  of  which  inures  to  the  benefit  of  any  private 
shareholder  or  individual ; 

(k)  Service  performed  in  the  employ  of  a  business 
league,  chamber  of  commerce,  real  estate  board,  or  board  of 
trade,  not  organized  for  profit  and  no  part  of  the  net  earnings 
of  which  inures  to  the  benefit  of  any  private  shareholder  or 
individual ; 

(1)  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; 


128  Chapter  103  [1941 

(m)  Service  performed  by  an  individual  for  a  person  as 
an  insurance  agent  or  as  an  insurance  solicitor,  if  all  such 
service  performed  by  such  individual  for  such  person  is  per- 
formed for  remuneration  solely  by  way  of  commission; 

(n)  Service  performed  by  an  individual  under  the  age 
of  eighteen  in  the  delivery  or  distribution  of  newspapers  or 
shopping  news,  not  including  delivery  or  distribution  to  any 
point  for  subsequent  delivery  or  distribution. 

(5)  Included  and  Excluded  Service.  If  the  services 
performed  during  one-half  or  more  of  any  pay  period  by  an 
employee  for  the  person  employing  him  constitute  employ- 
ment, all  the  services  of  such  employee  for  such  period  shall 
be  deemed  to  be  employment;  but  if  the  services  performed 
during  more  than  one-half  of  any  such  pay  period  by  an  em- 
ployee for  the  person  employing  him  do  not  constitute  employ- 
ment, then  none  of  the  services  of  such  employee  for  such 
period  shall  be  deemed  to  be  employment.  As  used  in  this 
subsection  the  term  "pay  period"  means  a  period  (of  not  more 
than  thirty-one  consecutive  days)  for  which  a  payment  of 
remuneration  is  ordinarily  made  to  the  employee  by  the  per- 
son employing  him.  This  subsection  shall  not  be  applicable 
with  respect  to  services  performed  in  a  pay  period  by  an  em- 
ployee for  the  person  employing  him,  where  any  of  such 
service  is  excepted  by  subsection  l-I  (4)   (1). 

5.  Most  Recent  Employer.  Amend  section  1-L  of  said 
chapter  179-A  by  striking  out  the  whole  of  said  section  and 
substituting  in  place  thereof  the  following:  L.  Most  Recent 
Employer.  The  last  employer  from  whom  an  individual  in 
any  one  week  has  earned  wages  computed  to  the  nearest  dollar 
equal  to  or  in  excess  of  two  dollars  more  than  his  weekly 
benefit  amount. 

6.  State.  Amend  section  1-M  of  said  chapter  179-A  by 
striking  out  the  whole  of  said  section  and  inserting  in  place 
thereof  the  following:  M.  "State"  includes,  in  addition  to 
the  states  of  the  United  States  of  America,  Alaska,  Hawaii, 
and  the  District  of  Columbia. 

7.  Total  and  Partial  Unemployment.  Amend  section  1-N 
of  said  chapter  179-A  by  striking  out  the  whole  of  the  same 
and  substituting  in  place  thereof  the  following:  N.  "Total 
and  Partial  Unemployment"  (1)  An  individual  shall  be  deemed 
"totally  unemployed"  in  any  week  with  respect  to  which  no 


1941]  Chapter  103  129 

wages  are  payable  to  him  and  during  which  he  performs  no 
services. 

(2)  An  individual  shall  be  deemed  to  be  "partially  un- 
employed" in  any  week  of  less  than  full  time  work  if  the 
wages  computed  to  the  nearest  dollar  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. 

8.  Unemployment  Compensation  and  Employment  Service 
Administration  Account.  Amend  section  1-0  of  said  chapter 
179-A  by  striking  out  the  whole  of  the  same  and  substituting 
in  place  thereof  the  following :  0.  "Unemployment  Compen- 
sation and  Employment  Service  Administration  Account" 
means  the  account  set  up  for  the  purpose  of  meeting  the  ex- 
penses of  administration  under  this  chapter. 

9.  Wages.  Amend  section  1-P  of  said  chapter  179-A  by 
striking  out  the  whole  of  the  same  and  substituting  in  place 
thereof:  P.  "Wages"  means  every  form  of  remuneration 
for  personal  services  paid  or  payable  to  a  person  directly  or 
indirectly,  by  his  employer,  including  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  commis- 
sioner. 

(1)     The  term  "wages"  shall  not  include: 

(a)  For  the  purposes  of  paragraph  (2)  of  this  section, 
section  2-B,  section  3-D,  and  section  6,  of  this  act,  that  part  of 
remuneration  which,  after  remuneration  equal  to  three  thou- 
sand dollars  has  been  paid  to  an  individual  by  an  employer  with 
respect  to  employment  during  any  calendar  year,  is  paid  to 
such  individual  by  such  employer  with  respect  to  employment 
occurring  during  such  calendar  year  and  after  December  31, 
1940. 

(b)  The  amount  of  any  payment  made  to,  or  on  behalf 
of,  an  individual  in  its  employ  under  a  plan  or  system 
established  by  an  employing  unit  which  makes  provisions  for 
individuals  in  its  employ  generally  or  for  a  class  or  classes 
of  individuals  in  its  employ  (including  any  amount  paid  by 
an  employer  for  insurance  or  annuities,  or  into  a  fund,  to  pro- 
vide for  any  such  payment),  on  account  of  (A)  retirement, 
or    (B)    sickness   or   accident  disability,  or  (C)  medical  and 


130  Chapter  103  [1941 

hospitalization  expenses  in  connection  with  sickness  or 
accident  disability,  or  (D)  death,  provided  the  individual  in  its 
employ  (i)  has  not  the  option  to  receive,  instead  of  provision 
for  such  death  benefit,  any  part  of  such  payment  or,  if  such 
death  benefit  is  insured,  any  part  of  the  premiums  (or  con- 
tributions to  premiums)  paid  by  the  employing  unit,  and  (ii) 
has  not  the  right,  under  the  provisions  of  the  plan  or  system 
or  policy  of  insurance  providing  for  such  death  benefit,  to 
assign  such  benefit,  or  to  receive  a  cash  consideration  in  lieu 
of  such  benefit  either  upon  his  withdrawal  from  the  plan  or 
system  providing  for  such  benefit  or  upon  termination  of  such 
plan  or  system  or  policy  of  insurance  or  of  his  employment 
with  such  employing  unit; 

(c)  Dismissal  payments  which  the  employing  unit  is  not 
legally  required  to  make; 

(d)  Any  amounts  paid  by  an  employing  unit  under  the 
provisions  of  section  fourteen  hundred  of  the  Internal 
Revenue  Code  without  having  deducted  the  same  from  the 
remuneration  of  individuals  in  its  employ. 

(2)  "Annual  Earnings."  The  commissioner  shall  com- 
pute annual  earnings  for  each  individual  by  crediting  him  to 
the  nearest  dollar  with  the  wages  paid  him  for  employment 
during  each  base  period  in  accordance  with  such  rules  and 
regulations  as  the  commissioner  may  prescribe. 

10.  Week.  Amend  section  1-Q  of  said  chapter  179-A  by 
striking  out  the  whole  of  the  same  and  inserting  in  place 
thereof  the  following:  Q.  "Week"  means  such  period  of 
seven  consecutive  calendar  days  as  the  commissioner  may  by 
regulations  prescribe. 

11.  Weekly  Benefit  Amount.  Amend  section  1  of  said 
chapter  179-A  by  inserting  the  following  new  section  R  after 
section  1-Q:  R.  "Weekly  Benefit  Amount."  An  individual's 
"weekly  benefit  amount"  means  the  amount  of  benefits  he 
would  be  entitled  to  receive  for  one  week  of  total  unemploy- 
ment. 

12.  Payment  of  Benefits,  Amend  section  2-A  of  said 
chapter  179-A  by  striking  out  "(g)"  after  l-I  (4)  and  insert- 
ing in  place  thereof  (1),  so  that  as  amended  said  section  shall 
read  as  follows:  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)   (1) 


1941]  Chapter  103  131 

of  this  chapter,  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  employ- 
ment offices  in  accordance  with  such  regulations  as  the  com- 
missioner may  prescribe. 

13.  Weekly  Benefit  Amount  for  Total  Unemployment. 
Amend  section  2-B  of  said  chapter  179-A  by  striking  out  the 
whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 2-B.  Weekly  Benefit  Amount  for  Total  Unemployment. 
Each  eligible  individual  who  is  totally  unemployed  in  any  week 
shall  be  paid  with  respect  to  such  week  benefits  in  the  amount 
shown  in  column  B  of  the  schedule  below  on  the  line  on  which 
in  column  A  there  is  indicated  the  individual's  annual  wage 
class.  The  maximum  total  amount  of  benefits  payable  to  any 
eligible  individual  during  any  benefit  year  shall  be  the  amount 
shown  in  column  C  of  the  schedule  below  on  the  line  on  which 
in  column  A  there  is  indicated  the  individual's  annual  wage 
class. 


A 
Fotal  Annual  Earnings 
In  Base  Period 

B 

Weekly  Benefit 
Amount 

C 

Maximum 
Benefits 

$200.00-    399.99 

$6 

$84 

400.00-    499.99 

7 

98 

500.00-    599.99 

8 

112 

600.00-    699.99 

9 

144 

700.00-    799.99 

10 

160 

800.00-    899.99 

11 

176 

900.00-    999.99 

12 

192 

1000.00  - 1149.99 

13 

208 

1150.00  - 1299.99 

14 

224 

1300.00  and  over 

15 

240 

14.  Weekly  Benefit  for  Partial  Unemployment.  Amend 
section  2-C  of  said  chapter  179-A  by  substituting  N  for  "M" 
in  the  last  sentence,  so  that  as  amended  said  section  shall  read 
as  follows:     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  near- 


182  Chapter  103  [1941 

est  dollar  which,  if  added  to  his  wages,  as  used  in  section  1-N 
(3),  for  such  week,  would  equal  his  weekly  benefit  amount. 

15.  Persons  Affected  by  Selective  Service  and  Training 
Act.  Amend  section  2-D  of  said  chapter  179-A  by  striking 
out  the  whole  of  said  section  and  inserting  in  place  thereof 
the  following:  D.  Computation  of  Weekly  Benefits  for  Per- 
sons Affected  by  the  Selective  Service  and  Training  Act.  An 
individual  who  is  inducted  into  compulsory  military  service  or 
who  volunteers  for  induction  under  the  terms  of  the  Selective 
Service  and  Training  Act  after  July  1,  1940  and  is  accepted 
shall,  at  the  time  of  his  honorable  discharge,  provided  he  is 
otherwise  eligible,  receive  whichever  is  the  greater  of: 

(1)  the  unused  benefits  based  on  earnings  in  the 
calendar  year  immediately  preceding  induction,  or 

(2)  the  unused  benefits  based  on  earnings  in  the 
calendar  year  in  which  inducted;  provided  that  benefits  based 
on  earnings  in  such  calendar  year  are  or  have  been  available 
to  all  claimants  generally  under  this  chapter. 

If  such  an  inducted  individual  has  not  exhausted  the 
benefits  to  which  he  is  thus  entitled  at  the  close  of  the 
benefit  year  in  which  discharged,  then  he  shall,  if  otherwise 
eligible,  receive  in  the  next  benefit  year  whichever  is  the 
greater  of: 

(a)  the  balance  of  the  unused  benefits  to  which  he  was 
entitled  under  (1)  or  (2)  above  or 

(b)  the  unused  benefits  based  on  earnings  in  the  base 
period  for  that  benefit  year. 

16.  Benefit  Eligibility  Conditions.  Amend  section  3-D  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following:  D.  Prior  to  any 
week  for  which  he  receives  benefits,  he  must  have  been  totally 
unemployed  (and  for  the  purposes  of  this  subsection  an  in- 
dividual shall  be  deemed  totally  unemployed  in  any  week  in 
which  he  earns  no  wages  in  excess  of  two  dollars)  for  a  wait- 
ing period  of  two  weeks,  except  as  provided  in  the  following 
sentence,  within  the  same  benefit  year  and  fulfilled  the  other 
requirements  of  this  section.  If  the  unemployment  compen- 
sation fund  shall  have  reached  the  amount  of  eight  million 
dollars  and  shall  have  been  maintained  at  that  figure  for  the 
next  two  succeeding  full  months,  the  initial  waiting  period 
from  the  end  of  said  two  months  to  April  1,  1943,  shall  be  one 


1941]  Chapter  103  133 

week  and  after  said  date  shall  be  two  weeks.  No  individual 
shall  be  required  to  accumulate  more  than  two  waiting  period 
weeks  during  any  benefit  year,  and  further  provided  that  this 
requirement  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  became  payable  to  any  individual  under  this 
chapter;  (3)  Unless  he  has  annual  earnings  of  two  hundred 
dollars  within  the  base  period  in  accordance  with  section 
1-P  (2). 

17.  Disqualifications  for  Benefits.  Amend  section  4-A  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following: 

4.  Disqualifications  for  Benefits.  An  individual  shall  be 
disqualified  for  benefits: 

A.  For  the  period  of  unemployment  next  ensuing  after 
an  individual  has  left  his  work  voluntarily  without  good  cause 
in  accordance  with  rules  and  regulations  of  the  commissioner; 
and  no  waiting  period  may  be  served  during  such  period.  For 
the  purposes  of  this  section  the  "period  of  unemployment" 
shall  continue  until  the  individual  has  earned  in  any  one  week 
wages  equal  to  or  in  excess  of  two  dollars  more  than  his 
weekly  benefit  amount. 

18.  Disqualifications  for  Benefits.  Amend  section  4-B  of 
said  chapter  179-A  by  adding  the  following  paragraph  after 
the  word  "deduction":  It  is  further  provided  that  an  un- 
employed individual  who  has  been  discharged  for;  arson,  re- 
peated intoxication,  sabotage,  felony,  or  dishonesty,  connected 
with  his  work,  shall  not  be  entitled  to  any  benefits  that  have 
accrued  under  this  chapter  prior  to  such  dismissal,  so  that 
as  amended  said  section  shall  read  as  follows: 

B.  For  the  week  in  which  he  has  been  discharged  for 
misconduct  connected  with  his  work,  if  so  found  by  the  com- 
missioner, and  for  the  three  weeks  which  immediately  follow 
such  week,  in  addition  to  the  waiting  period.     Whichever  is 


134  Chapter  103  [1941 

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. 

It  is  further  provided  that  an  unemployed  individual  who  has 
been  discharged  for;  arson,  repeated  intoxication,  sabotage, 
felony,  or  dishonesty,  connected  with  his  work,  shall  not  be 
entitled  to  any  benefits  that  have  accrued  under  this  chapter 
prior  to  such  dismissal. 

19.  Disqualifications  for  Benefits.  Amend  section  4-D  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following : 

D.  For  any  week  with  respect  to  which  the  commis- 
sioner finds  that  his  total  or  partial  unemployment  is  due  to  a 
stoppage  of  work  which  exists  because  of  a  labor  dispute  at 
the  factory,  establishment,  or  other  premises  at  which  he  is 
or  was  last  employed,  provided  that  this  subsection  shall  not 
apply  if  it  is  shown  to  the  satisfaction  of  the  commissioner 
that: 

Either,  (1)  He  is  not  participating  in  or  financing  or 
directly  interested  in  the  labor  dispute  which  caused  the  stop- 
page of  work ;  and 

(2)  He  does  not  belong  to  a  grade  or  class  of  workers  of 
which,  immediately  before  the  commencement  of  the 
stoppage,  there  were  members  employed  at  the  premises  at 
which  the  stoppage  occurs,  any  of  whom  are  participating  in 
or  financing  or  directly  interested  in  the  dispute;  provided 
that  if  in  any  case  separate  branches  of  work  which  are 
commonly  conducted  as  separate  businesses  in  separate 
premises  are  conducted  in  separate  departments  of  the  same 
premises  each  such  department  shall,  for  the  purposes  of  this 
subsection,  be  deemed  to  be  a  separate  factory,  establishment, 
or  other  premises;  or 

(3)  The  stoppage  of  work  was  due  solely  to  the  failure 
of  the  employer  to  live  up  to  the  provisions  of  any  contract 
entered  into  between  the  employer  and  his  employees. 

20.  Disqualifications  for  Benefits.  Amend  section  4-E  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following : 


1941]  Chapter  103  135 

E.  For  any  week  with  respect  to  which  he  is  receiving 
or  has  received  remuneration  in  the  form  of : 

(1)  Wages  in  lieu  of  notice; 

(2)  A  sickness  or  separation  allowance;  or 

(3)  Benefits  from  a  pension  plan  operated  by  the  em- 
ployer; or 

(4)  Compensation  for  temporary  partial  disability  under 
the  workmen's  compensation  law  of  any  state  or  under  a 
similar  law  of  the  United  States ;  or 

(5)  Primary  insurance  payments  under  Title  II  of  the 
Social  Security  Act  as  amended  or  similar  payments  under 
any  act  of  Congress  or  old-age  assistance  payments  under  any 
state  laws;  or 

(6)  Any  payments,  upon  his  discharge  from  military 
service,  from  either  the  state  or  federal  government,  or  both ; 

Provided  that  if  such  remuneration  is  less  than  the  bene- 
fits which  would  otherwise  be  due  under  this  chapter,  he  shall 
be  entitled  to  receive  for  such  week,  if  otherwise  eligible, 
benefits  reduced  by  the  amount  of  such  remuneration. 

21.  Initial  Determination.  Amend  section  5-B  of  said 
chapter  179-A  by  adding  the  phrase,  or  any  part  thereof, 
after  the  word  "decision"  in  the  third  sentence  of  said  section 
and  substituting  the  words,  the  change,  for  the  words  "his 
amended  decision"  in  the  same  sentence.  Further  amend  this 
section  by  adding  the  following  sentence  after  the  third 
sentence:  No  such  redetermination  shall  be  made  after  six 
months  from  the  date  of  the  original  determination,  so  that 
as  amended  said  section  shall  read  as  follows:  B.  Initial 
Determination.  A  representative  designated  by  the  commis- 
sioner, and  hereinafter  referred  to  as  a  deputy,  shall  promptly 
examine  the  claim  of  an  individual,  and  on  the  basis  of  the 
facts  found  by  him,  shall  either  determine  whether  or  not 
such  claim  is  valid,  and  if  valid,  the  week  with  respect  to 
which  benefits  shall  commence,  the  weekly  benefit  amount 
payable  and  the  maximum  duration  thereof,  or  shall  refer 
such  claim  or  any  question  involved  therein  to  an  appeal 
tribunal,  which  shall  make  its  decision  with  respect  thereto 
in  accordance  with  the  procedure  described  in  subsection  C  of 
this  section.  The  deputy  shall  promptly  notify  the  claimant 
and  any  other  interested  parties  of  the  decision  and  the 
reasons  therefor.     The  deputy  may  for  good  cause  reconsider 


136  Chapter  103  [1941 

his  decision  or  any  part  thereof  and  shall  promptly  notify  the 
claimant  and  such  other  interested  parties  of  the  denial  of 
such  application  or  of  the  change  and  the  reasons  therefor, 
as  the  case  may  be.  No  such  redetermination  shall  be  made 
after  six  months  from  the  date  of  the  original  determination. 
Unless  the  claimant  or  any  such  interested  party,  within  five 
calendar  days  after  the  delivery  of  the  deputy's  notification, 
or  within  seven  calendar  days  after  such  notification  was 
mailed  to  his  last  known  address,  files  an  appeal  from  such  de- 
cision, such  decision  shall  be  final  and  benefits  shall  be  paid 
or  denied  in  accordance  therewith.  If  an  appeal  is  duly  filed, 
benefits  with  respect  to  the  period  prior  to  the  final  decision 
of  the  appeal  tribunal  or  commissioner  shall  be  paid  only  after 
such  decision;  provided  that  if  an  appeal  tribunal  affirms  a 
decision  of  a  deputy,  or  the  commissioner  affirms  a  decision  of 
an  appeal  tribunal  or  deputy  allowing  benefits,  such  benefits 
shall  be  paid  regardless  of  any  appeal  which  may  thereafter 
be  taken,  but  if  such  decision  is  finally  reversed,  no  employer's 
account  shall  be  charged  with  benefit  so  paid. 

22.  Appeal.  Amend  section  5-C  of  said  chapter  179-A  by 
striking  out  the  capital  letter  "F"  in  body  of  said  section  and 
substituting  in  place  thereof  the  capital  letter  G,  so  that  as 
amended  the  same  shall  read  as  follows:  C.  Appeals. 
Unless  such  appeal  is  withdrawn,  an  appeal  tribunal,  after 
affording  the  parties  reasonable  opportunity  for  fair  hearing, 
shall  affirm  or  modify  the  findings  of  fact  and  decision  of  the 
deputy.  The  parties  shall  be  duly  notified  of  such  tribunal's 
decision,  together  with  its  reasons  therefor.  Such  decision 
shall  be  deemed  to  be  the  final  decision  of  the  commissioner, 
unless  within  ten  days  after  the  date  of  notification  or  mailing 
of  such  decision,  further  appeal  is  initiated  pursuant  to  sub- 
section G  of  this  section. 

23.  Repeal.  Amend  section  5-F  of  said  chapter  179-A  by 
striking  out  the  whole  of  said  section  and  renumbering  5-G 
to  5-F,  and  5-H  to  5-G. 

24.  Payment  of  Contributions.  Amend  section  6-A  of  said 
chapter  179-A  by  striking  out  the  whole  of  said  section  and  in- 
serting in  place  thereof  the  following:  A.  Payment  of  Con- 
tributions. Contributions  shall  accrue  and  become  payable  by 
each  employer  for  each  calendar  year  in  which  he  is  subject 
to  this  chapter  with  respect  to  wages  for  employment  paid 


1941]  Chapter  103  137 

during  such  calendar  year,  provided  that  contributions,  on 
account  of  wages  in  excess  of  three  thousand  dollars  which 
have  been  paid  to  an  individual  in  any  calendar  year,  shall  be 
paid  only  so  long  as  such  contributions  may  be  credited  by  any 
employer  against  the  tax  imposed  by  the  Federal  Unemploy- 
ment Tax  Act,  as  amended.  Such  contributions  shall  become 
due  and  be  paid  by  each  employer  to  the  commissioner  for 
the  fund  in  accordance  with  such  regulations  as  the  commis- 
missioner  may  prescribe,  and  shall  not  be  deducted,  in  whole 
or  in  part,  from  the  wages  of  individuals  in  such  employer's 
employ;  provided  that  the  contributions  of  an  employer  be- 
coming subject  to  the  law  within  any  calendar  year  shall  be 
first  due  and  payable  after  such  employer  has  satisfied  the 
conditions  with  respect  to  becoming  an  employer. 

In  the  payment  of  any  contributions,  a  fractional  part 
of  a  cent  shall  be  disregarded  unless  it  amounts  to  one-half 
cent  or  more  in  which  case  it  shall  be  increased  to  one  cent. 

25.  Rate  of  Contribution.  Amend  section  6-B  of  said 
chapter  179-A  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  B.  Rate  of  Contribution.  (1) 
Each  employer  shall  pay  contributions  equal  to  the  following 
percentages  of  wages  payable  by  him  with  respect  to  em- 
ployment : 

(a)  1  per  centum  with  respect  to  employment  during 
the  calendar  year  1936; 

(b)  2  per  centum  with  respect  to  employment  during 
the  period  between  January  1,  1937  and  September  30,  1937; 

(c)  1.8  per  centum  with  respect  to  employment  during 
the  calendar  year  1937  subsequent  to  September  30,  1937; 

(d)  With  respect  to  employment  after  December  31, 
1937,  2.7  per  centum,  except  as  otherwise  prescribed  in  sub- 
sections D  and  E  of  this  section. 

(2)  Each  employer  shall  submit  contributions  equal  to 
2.7  per  centum  of  the  wages  paid  by  him  with  respect  to  em- 
ployment after  December  31,  1940,  except  as  otherwise  pre- 
scribed in  subsections  D  and  E  of  this  section. 

26.  Separate  Accounts.  Amend  section  6-C  of  said 
chapter  179-A  by  inserting  the  following  after  the  first  para- 
graph of  said  section:  If  it  is  proven  to  the  satisfaction  of 
the  commissioner  that  an  individual  after  voluntarily  leaving 
the  employment  of  an  employer,  without  good  cause  attribut- 


138  Chapter  103  [1941 

able  to  such  employer,  but  before  the  beginning  of  a  com- 
pensable week,  works  within  or  without  the  state  and  earns 
in  employment  not  subject  to  this  chapter  in  any  one  week 
wages  computed  to  the  nearest  dollar  equal  to  or  in  excess 
of  two  dollars  more  than  his  weekly  benefit  amount  and  that 
such  subsequent  employment  was  not  given  expressly  for  the 
purpose  of  evading  the  benefit  charges,  then  there  shall  be  no 
charge  against  that  last  employer,  and  benefits  paid  to  the  in- 
dividual shall  be  charged  against  the  fund,  so  that  as  amended 
said  section  shall  read  as  follows:  C.  Separate  Accouiits. 
The  commissioner  shall  maintain  a  separate  account  for  each 
employer  and  shall  credit  his  account  with  all  contributions 
paid  by  him  or  on  his  behalf.  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  in- 
dividuals. Benefits  paid  to  an  eligible  individual  shall  be 
charged  against  the  account  of  his  most  recent  employer. 
If  it  is  proven  to  the  satisfaction  of  the  commissioner  that  an 
individual  after  voluntarily  leaving  the  employment  of  an  em- 
ployer, without  good  cause  attributable  to  such  employer,  but 
before  the  beginning  of  a  compensable  week,  works  within  or 
without  the  state  and  earns  in  employment  not  subject  to  this 
chapter  in  any  one  week  wages  computed  to  the  nearest  dollar 
equal  to  or  in  excess  of  two  dollars  more  than  his  weekly 
benefit  amount  and  that  such  subsequent  employment  was  not 
given  expressly  for  the  purpose  of  evading  the  benefit 
charges,  then  there  shall  be  no  charge  against  that  last  em- 
ployer, and  benefits  paid  to  the  individual  shall  be  charged 
against  the  fund.  Any  charges  which  are  made  against  the 
account  of  any  employer  under  this  section,  of  which  the  em- 
ployer has  been  notified,  shall  be  considered  correct  for  all 
purposes  unless  objections  to  such  charges  are  received  with- 
in 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  said  charges  are 
received  within  six  months  after  the  effective  date  of  this 
section. 


1941]  Chapter  103  139 

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  employment  at 
the  same  time. 

27.  General  Experience  Rating.  Amend  section  6-D  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  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  contribution  rates  for 
individual  employers  not  exceeding  2.7  per  centum  which  shall 
yield  an  amount  equal  to  or  in  excess  of  the  benefits  to  be  paid. 

In  assessing  the  individual  employer  rate  under  this  sub- 
section the  commissioner  shall  classify  employers  in  accord- 
ance with  their  actual  experience  in  the  payment  of  contri- 
butions on  their  own  behalf  and  with  respect  to  benefits 
charged  against  their  accounts  with  a  view  to  fixing  an  in- 
dividual contribution  rate  which  will  reflect  the  employment 
experience  of  the  individual  employer. 

If  on  July  1  of  any  calendar  year  it  is  determined  that 
the  contribution  rates  thus  established  will  not  maintain  or 
will  unduly  increase  the  established  reserve  the  commissioner 
may  redetermine  the  individual  contribution  rate  previously 
determined  under  this  subsection  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  determin- 
ing the  contribution  rates  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  unemployment  compensation  fund  as  of 
January  1  of  such  calendar  year  equals  or  exceeds  five  million 
dollars;  and  further  provided  that  no  employer  shall  be 
entitled  to  the  experience  rating  granted  under  this  section 


140  Chapter  103  [1941 

unless  and  until  there  shall  have  been  three  consecutive 
calendar  years  immediately  preceding  the  computation  date 
throughout  which  the  account  of  such  employer  was  charge- 
able with  benefits. 

Should  the  commissioner  determine  at  any  time  that  the 
solvency  of  the  fund  would  not  permit  the  adoption  of  in- 
dividually reduced  contribution  rates  under  this  subsection  he 
shall,  for  the  purposes  of  this  subsection,  set  a  standard  rate 
for  all  employers  of  2.7  per  centum  per  annum. 

28.  Merit  Ratings.  Amend  section  6-E  (1)  of  said 
chapter  179-A  by  striking  out  the  whole  of  the  same  and  in- 
serting in  place  thereof  the  following:  (1)  Each  employ- 
er's rate  shall  be  the  amount  determined  under  subsection  D 
of  this  section  except  as  otherwise  provided  in  the  following 
provisions.  No  employer's  rate  shall  be  less  than  the  amount 
determined  in  accordance  with  subsection  D  of  this  section 
unless  and  until  there  shall  have  been  three  consecutive 
calendar  years  immediately  preceding  the  computation  date 
throughout  which  the  account  of  such  employer  was  charge- 
able with  benefits. 

29.  Merit  Ratings.  Amend  section  6-E  (4)  of  said  chapter 
179-A  by  striking  out  the  words  "including  interest"  and  "in- 
cluding interest  at  such  time,"  so  that  as  amended  said  sec- 
tion shall  read  as  follows: 

(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  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  calendar  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  established  in  accord- 
ance with  subsection  D  of  this  section  unless  such  contri- 
butions were  at  least  twice  the  total  benefits  paid  from  the 
fund  and  chargeable  to  his  account  within  the  last  preceding 
year. 

30.  Merit  Ratings.  Amend  section  6-E  (6)  of  said  chapter 
179-A  by  striking  out  the  whole  of  the  same  and  inserting  in 
place  thereof  the  following:  (6)  As  used  in  this  section 
after  December  31,  1940  the  term  "annual  pay  roll"  means 


1941]  Chapter  103  141 

the  total  amount  of  wages  paid  by  an  employer  (regardless  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. 

31.  Unemployment  Compensation  Fund.  Section  8-E  of 
said  chapter  179-A  relative  to  transfer  of  funds  is  hereby  re- 
pealed. 

32.  Records  and  Reports.  Amend  section  9-G  of  said 
chapter  179-A  by  striking  out  the  entire  section  and  inserting 
in  place  thereof :  G.  Records  and  Reports.  Each  employing 
unit  shall  keep  true  and  accurate  work  records,  containing  such 
information  as  the  commissioner  may  prescribe.  Such  records 
shall  be  open  to  inspection  and  be  subject  to  being  copied  by 
the  commissioner  or  his  authorized  representatives  at  any 
reasonable  time  and  as  often  as  may  be  necessary.  The  com- 
missioner may,  at  his  discretion,  notify  any  employer  of  the 
prospective  benefit  rights  of  any  employee.  The  commissioner 
and  the  chairman  of  any  appeal  tribunal  may  require  from 
any  employing  unit  any  sworn  or  unsworn  reports,  with  re- 
spect to  persons  employed  by  it,  which  either  of  them  deems 
necessary  for  the  effective  administration  of  this  chapter. 
Information  thus  obtained  or  obtained  from  any  individual 
pursuant  to  the  administration  of  this  chapter  shall  be  held 
confidential  and  shall  not  be  published  or  be  open  to  public  in- 
spection (other  than  to  employers  and  public  employees  in  the 
performance  of  their  public  duties)  in  any  manner  revealing 
the  individual's  or  employing  unit's  identity,  but  any  claimant 
(or  his  legal  representative)  at  a  hearing  before  an  appeal 
tribunal  or  the  commissioner  shall  be  supplied  with  infor- 
mation from  such  records  to  the  extent  necessary  for  the 
proper  presentation  of  his  claim.  Any  employee  or  member 
of  an  appeal  tribunal  or  any  employee  of  the  commissioner 
who  violates  any  provision  of  this  section  shall  be  fined  not 
less  than  twenty  dollars  nor  more  than  two  hundred  dollars, 
or  imprisoned  for  not  more  than  ninety  days,  or  both. 

(1)  Destruction  of  Records.  The  commissioner  may  by 
regulation  order  the  destruction  of  any  and  all  records  kept 
pursuant  to  the  administration  of  the  unemployment  com- 
pensation law  which  are  not  considered  by  him  as  necessary 
to  the  administration  of  this  chapter. 


142  Chapter  103  [1941 

33.  Unemployment  Compensation  and  Employment  Service 
Administration  Fund.  Amend  section  10-A  of  said  chapter 
179-A  by  striking  out  the  whole  of  the  same  and  inserting  in 
place  thereof  the  following: 

10.     The  Unemployment  Compensation  and  Employment 
Service  Administration  Fund. 

A.  Special  Fund.  There  is  hereby  created  in  the  state 
treasury  a  special  fund  to  be  known  as  the  unemployment 
compensation  and  employment  service  administration  fund. 
All  moneys  which  are  deposited  or  paid  into  this  fund  shall  be 
continuously  available  to  the  commissioner  for  expenditure  in 
accordance  with  the  provisions  of  this  act,  and  shall  not  lapse 
at  any  time  or  be  transferred  to  any  other  fund.  All  moneys 
in  this  fund  which  are  received  from  the  federal  government 
or  any  agency  thereof  or  which  are  appropriated  by  this  state 
for  the  purposes  described  in  section  9  of  this  act  shall  be 
expended  solely  for  the  purposes  and  in  the  amounts  found 
necessary  by  the  Social  Security  Board  for  the  proper  and 
efficient  administration  of  this  act.  The  fund  shall  consist  of 
all  moneys  appropriated  by  this  state,  all  moneys  received 
from  the  United  States  of  America,  or  any  agency  thereof, 
including  the  Social  Security  Board,  and  all  moneys  received 
from  any  other  source  for  such  purpose,  and  shall  also  include 
any  moneys  received  from  any  agency  of  the  United  States 
or  any  other  state  as  compensation  for  services  or  facilities 
supplied  to  such  agency,  any  amounts  received  pursuant  to 
any  surety  bond  or  insurance  policy  or  from  other  sources  for 
losses  sustained  by  the  unemployment  compensation  and  em- 
ployment service  administration  fund  or  by  reason  of  damage 
to  equipment  or  supplies  purchased  from  moneys  in  such  fund, 
and  any  proceeds  realized  from  the  sale  or  disposition  of  any 
such  equipment  or  supplies  which  may  no  longer  be  necessary 
for  the  proper  administration  of  this  act.  Such  moneys  shall 
be  secured  by  the  depositary  by  collateral  in  the  full  amount 
of  the  funds  on  deposit.  Such  security  shall  consist  of  (a) 
United  States  government  obligations,  direct  or  guaranteed 
and  (b)  direct  obligations  of  the  state  of  New  Hampshire. 
Such  collateral  security  shall  be  pledged  at  not  to  exceed  the 
face  value  of  the  obligation,  and  shall  be  kept  separate  and 
distinct  from  any  collateral  security  pledged  to  secure  other 
funds  of  the  state.    The  state  treasurer  shall  be  liable  on  his 


1941]  Chapter  103  143 

official  bond  for  the  faithful  performance  of  his  duties  in  con- 
nection with  the  unemployment  compensation  and  employ- 
ment service  administration  fund  provided  for  under  this  act. 
Such  liability  on  the  official  bond  shall  be  effective  immediately 
upon  the  enactment  of  this  provision,  and  such  liability  shall 
exist  in  addition  to  any  liability  upon  any  separate  bond 
existent  on  the  effective  date  of  this  provision,  or  which  may 
be  given  in  the  future.  All  sums  recovered  on  any  surety 
bond  for  losses  sustained  by  the  unemployment  compensation 
and  employment  service  administration  fund  shall  be  de- 
posited in  said  fund. 

34.  Reimbursement  of  Fund.  Amend  section  10-B  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same 
and  inserting  in  place  thereof  the  following:  B.  Reimburse- 
ment of  Fund.  If  any  moneys  received  after  June  30, 
1941,  from  the  Social  Security  Board  under  Title  III  of  the 
Social  Security  Act,  or  any  unencumbered  balances  in 
the  unemployment  compensation  administration  fund  as  of 
that  date,  or  any  moneys  granted  after  that  date  to  this 
state  pursuant  to  the  provisions  of  the  Wagner-Peyser  Act, 
or  any  moneys  made  available  by  this  state  or  its  political 
subdivisions  and  matched  by  such  moneys  granted  to  this 
state  pursuant  to  the  provisions  of  the  Wagner-Peyser  Act, 
are  found  by  the  Social  Security  Board,  because  of  any  action 
or  contingency,  to  have  been  lost  or  been  expended  for  pur- 
poses other  than,  or  in  amounts  in  excess  of,  those  found 
necessary  by  the  Social  Security  Board  for  the  proper  admin- 
istration of  this  act,  it  is  the  policy  of  this  state  that  such 
moneys  shall  be  replaced  by  moneys  appropriated  for  such 
purpose  from  the  general  funds  of  this  state  to  the  unemploy- 
ment compensation  administration  fund  for  expenditure  as 
provided  in  section  10-A.  Upon  receipt  of  notice  of  such  a 
finding  by  the  Social  Security  Board,  the  commissioner  shall 
promptly  report  the  amount  required  for  such  replacement  to 
the  governor  and  the  governor  shall  at  the  earliest  oppor- 
tunity, submit  to  the  legislature  a  request  for  the  appro- 
priation of  such  amount.  This  subsection  shall  not  be  con- 
strued to  relieve  this  state  of  its  obligation  with  respect  to 
funds  received  prior  to  July  1,  1941,  pursuant  to  the  provisions 
of  Title  III  of  the  Social  Security  Act. 


144  Chapter  103  [1941 

35.  Collection,  Civil  Action.  Amend  section  11-B  of  said 
chapter  179-A  by  adding  a  letter  "s"  to  the  word  "cost"  in  the 
first  sentence.  Further  amend  said  section  by  adding  "as  in 
all  other  civil  actions"  at  the  end  of  the  first  sentence,  so  that 
as  amended  said  section  shall  read  as  follows:  B.  Collection, 
Civil  Action.  If,  after  due  notice,  any  employer  defaults  in 
any  payment  of  contributions  or  interest  thereon,  the  amount 
due  shall  be  collected  by  civil  action  in  the  name  of  the  com- 
missioner and  the  employer  adjudged  in  default  shall  pay  the 
costs  of  such  action  as  in  all  other  civil  actions.  Civil  actions 
brought  under  this  section  to  collect  contributions  or  interest 
thereon  from  an  employer  shall  be  heard  by  the  court  at  the 
earliest  possible  date  and  shall  be  entitled  to  preference  upon 
the  calendar  of  the  court  over  all  other  civil  actions  except 
petitions  for  judicial  review  under  this  chapter  and  cases  aris- 
ing under  the  workmen's  compensation  law  of  this  state. 

36.  Collection,  Distraint.  Amend  section  11-C  of  said 
chapter  179-A  by  striking  out  the  whole  of  the  same  and  in- 
inserting  in  place  thereof  the  following:  C.  Collection, 
Distraint.  If,  after  due  notice,  any  employer  shall  fail  to 
make  any  payment  of  contributions  or  interest  thereon,  the 
amount  due,  with  interest  thereon  pursuant  to  subsection  A 
hereof,  shall  be  collectible  by  any  means  provided  by  law  for 
the  collection  of  any  tax  due  to  the  state  of  New  Hampshire 
or  to  any  subdivision  thereof,  (including  any  means  provided 
by  section  2,  chapter  66,  New  Hampshire  Public  Laws  as 
amended).  Tax  warrants  referred  to  in  said  chapter  66  may 
be  signed  either  by  the  administrator  or  the  duly  authorized 
counsel  for  the  unemployment  compensation  division. 

37.  Priorities  Under  Legal  Dissolution  or  Distributions. 
Amend  section  11-D  of  said  chapter  179-A  by  striking  out  the 
whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing :  D.  Priorities  Under  Legal  Dissolution  or  Distributions. 
In  the  event  of  any  distribution  of  an  employer's  assets  pur- 
suant to  an  order  of  any  court  under  the  laws  of  this  state, 
or  any  receivership,  assignment  for  benefit  of  creditors, 
adjudicated  insolvency,  composition,  or  similar  proceeding, 
contributions  then  or  thereafter  due  shall  be  paid  in  full  prior 
to  all  other  claims  except  taxes  and  claims  for  wages  of  not 


1941]  Chapter  103  145 

more  than  two  hundred  and  fifty  dollars  to  each  claimant, 
earned  within  six  months  of  the  commencement  of  the  pro- 
ceeding. In  the  event  of  an  employer's  adjudication  in 
bankruptcy,  judicially  confirmed  extension  proposal,  or  com- 
position, under  the  Federal  Bankruptcy  Act  of  1898,  as 
amended,  contributions  then  or  thereafter  due  shall  be  en- 
titled to  such  priority  as  is  provided  in  section  64  (b)  of  that 
act,  U.  S.  C,  title  11,  section  104  (b),  as  amended. 

38.  Adjustment  of  Contribution  by  Compromise.  Amend 
section  11  of  said  chapter  179-A  by  adding  the  following  new 
section  E  after  section  11-D:  E.  Adjustment  of  Contri- 
bution by  Compromise.  The  commissioner  may,  with  the 
approval  of  the  attorney  general,  effect  by  written  stipulation 
such  settlement  of  the  contribution  or  interest  due  under  the 
provisions  of  this  chapter  as  he  may  deem  to  be  for  the  best 
interests  of  the  state,  and  the  payment  of  the  sum  so  agreed 
upon  shall  be  a  full  satisfaction  of  such  contribution  and 
interest. 

39.  Adjustments  and  Refunds.  Amend  section  11  of  said 
chapter  179-A  by  adding  the  following  section  F  after  section 
E:  F.  Adjustments  and  Refunds.  If  not  later  than  one 
year  after  the  date  on  which  any  contributions  or  interest 
thereon  became  due,  an  employer  who  has  paid  such  contri- 
butions or  interest  thereon  shall  make  application  for  an 
adjustment  thereof  in  connection  with  subsequent  contri- 
bution payments,  or  for  a  refund  thereof  because  such  adjust- 
ment cannot  be  made,  and  the  commissioner  shall  determine 
that  such  contributions  or  interest  or  any  portion  thereof  was 
erroneously  collected,  the  commissioner  shall  allow  such  em- 
ployer to  make  an  adjustment,  without  interest,  in  connection 
with  subsequent  contribution  payments  by  him,  or  if  such 
adjustment  cannot  be  made  the  commissioner  shall  refund 
said  amount,  without  interest,  from  the  fund.  For  like  cause 
and  within  the  same  period,  adjustment  or  refund  may  be  so 
made  on  the  commissioner's  own  initiative. 

40.  Failure  of  Employer  to  File  Report  of  Contributions 
Due.  Amend  section  11  of  said  chapter  179-A  by  adding  the 
following  new  section  G  after  section  11-F:  G.  Failure  of 
Employer  to  File  Report  of  Contributions  Due.  If  an  em- 
ployer shall  fail  to  file  a  report  for  the  purpose  of  determin- 


146  Chapter  103  [1941 

ing  the  amount  of  contributions  due  under  this  chapter,  or  if 
such  report  when  filed  shall  be  incorrect  or  insufficient  and 
the  employer  shall  fail  to  file  a  correct  or  sufficient  report 
within  twenty  days  after  the  administrator  shall  have  re- 
quired the  same  by  written  notice,  the  administrator  shall 
determine  the  amount  of  contribution  due,  with  interest  there- 
on pursuant  to  subsection  A  hereof,  from  such  employer  on  the 
basis  of  such  information  as  he  may  be  able  to  obtain  and  he 
shall  give  written  notice  of  such  determination  to  the  em- 
ployer. Such  determination  shall  finally  fix  the  amount  of 
contribution  unless  the  employer  shall,  within  thirty  days 
after  the  giving  of  such  notice,  appeal  to  the  superior  court 
for  Merrimack  county  or  for  the  county  in  which  the  em- 
ployer's principal  place  of  business  is  located.  Such  appeal 
shall  set  forth  in  detail  each  ground  upon  which  it  is  claimed 
that  the  administrator's  determination  is  in  error,  and  a  copy 
thereof  shall  be  sent  to  the  administrator  at  the  time  such 
appeal  is  filed.  Said  court  shall  give  notice  of  a  time  and  place 
of  hearing  thereon  to  the  parties.  At  such  hearing  the  de- 
termination of  the  administrator  shall  be  deemed  to  be 
prima  facie  correct  and  the  burden  of  proving  error  therein 
on  such  appeal  shall  be  upon  the  employer.  The  court  shall 
not  consider  any  ground  of  error  not  set  forth  in  the  appeal 
except  for  good  cause  shown. 

If  on  appeal  the  determination  of  the  administrator  shall 
be  confirmed,  or  the  amount  of  the  contribution  originally 
determined  by  the  administrator  shall  be  increased,  the  cost 
of  such  proceedings,  as  in  civil  actions,  shall  be  assessed 
against  the  employer.  No  costs  shall  be  assessed  against  the 
state  on  such  appeal. 

41.  Collection  of  State  Contributions.  Amend  section  11 
of  said  chapter  179-A  by  adding  the  following  new  section  H 
after  section  11-G:  H.  Collection  of  State  Contributions. 
Wherever  used  in  this  section,  unless  the  context  shall  other- 
wise require,  the  word  "contribution"  shall  include  not  only 
the  principal  of  any  contribution  but  also  all  interest,  penal- 
ties, fees  and  other  charges  added  thereto  by  law;  and  the 
term  "serving  officer"  shall  include  any  sheriff,  deputy  sheriff, 
constable  or  other  officer  authorized  to  serve  any  civil  process. 
Upon  the  failure  of  any  person  to  pay  any  contribution  due  to 
the  state  within  thirty  days  from  its  due  date,  the  commis- 


1941]  Chapter  103  147 

sioner  or  his  duly  authorized  representative  charged  by  law 
with  its  collection  shall  add  thereto  such  penalty  or  interest 
or  both  as  shall  be  prescribed  by  law.  The  attorney  general  may 
collect  any  such  contribution  by  a  civil  action,  or  the  commis- 
sioner or  his  duly  authorized  representative  charged  by  law 
with  the  collection  of  such  contribution  may  make  out  and 
sign  a  warrant  directed  to  any  serving  officer  for  distraint  up- 
on the  goods,  realty  or  body  of  such  person.  Each  serving 
officer  so  receiving  a  warrant  shall  make  return  to  the  party 
making  out  such  warrant  within  a  period  of  thirty  days  from 
its  receipt  by  him.  To  each  warrant  placed  in  the  hands  of 
any  serving  officer  shall  be  attached  an  itemized  bill,  certified 
by  the  party  making  out  such  warrant  to  be  a  true  and  correct 
statement  of  the  total  amount  of  contribution  due  from  such 
person.  Any  serving  officer  deputed  to  serve  a  warrant  drawn 
under  the  provisions  of  this  law  shall,  so  far  as  such  warrant 
is  concerned,  have,  mutatis  mutandis,  all  the  powers  vested  in 
tax  collectors  and  sheriffs  under  the  provisions  of  the  New 
Hampshire  Public  Laws,  chapter  66,  as  amended;  shall  pro- 
ceed pursuant  to  the  terms  of  one  or  more  of  said  statutes; 
shall  make  return  to  the  party  making  out  such  warrant  with- 
in ten  days  of  the  completion  of  service  and  shall  collect  from 
such  person,  in  addition  to  the  amount  shown  on  such  warrant, 
his  fees  and  charges,  which  shall  be  those  authorized  by 
statute  for  serving  officers,  as  in  all  other  civil  actions. 

42.  Collection  of  Contributions.  Amend  section  11  of  said 
chapter  179-A  by  adding  the  following  new  section  I  after 
section  11-H:  I.  Secretary  of  State  Their  Attorney.  Any 
nonresident  employer  who  acquires  the  status  of  an  employer 
under  the  provisions  of  this  chapter  shall  be  deemed  to  have 
appointed  the  secretary  of  state  or  his  successor  in  office  to  be 
his  true  and  lawful  attorney  upon  whom  may  be  served  all 
lawful  processes  in  any  action  or  proceeding  against  him  under 
the  provisions  of  this  chapter  and  such  acquirement  shall  be  a 
signification  of  his  agreement  that  any  such  process  against 
him  which  is  so  served  shall  be  of  the  same  legal  force  and 
validity  as  if  served  on  him  personally.  Service  of  such 
process  shall  be  made  by  leaving  a  copy  of  the  process  in  the 
hands  of  the  secretary  of  state  or  in  his  office,  and  such  service 
shall  be  sufficient  service  upon  said  nonresident ;  provided,  that 
notice  of  such  service  and  a  copy  of  the  process  are  forthwith 


148  Chapter  103  [1941 

sent  by  registered  mail  by  the  plaintiff  to  the  defendant,  and 
the  defendant's  return  receipt  and  the  plaintiff's  affidavit  of 
compliance  therewith  are  appended  to  the  writ  and  entered 
therewith.  The  secretary  of  state  shall  keep  a  record  of  all 
such  processes,  which  shall  show  the  date  and  hour  of  service. 

43.  Continuance  of  Action.  Amend  section  11  of  said 
chapter  179-A  by  adding  the  following  new  section  J  after 
section  ll-I:  J.  Continuance  of  Action.  The  court  in  which 
the  action  is  pending  may  order  such  continuances  as  may  be 
necessary  to  afford  the  defendant  reasonable  opportunity  to 
defend  the  action. 

44.  Penalties.  Amend  section  13-B  of  said  chapter  179-A 
by  striking  out  this  entire  section  and  inserting  in  place  there- 
of the  following:  B.  Any  employing  unit  or  any  officer  or 
agent  of  an  employing  unit,  who  knowingly  makes  a  false 
statement  or  representation  or  who  knowingly  fails  to  dis- 
close a  material  fact  to  avoid  becoming  or  remaining  subject 
hereto  or  to  avoid  or  prevent  or  reduce  any  contribution  or 
other  payment  required  of  such  employing  unit  under  this 
chapter,  or  to  deny  or  reduce  payments  of  benefits  to  any  in- 
dividual, or  who  knowingly  fails  or  refuses  to  make  any  such 
contribution,  or  other  payment  or  to  furnish  any  reports  re- 
quired hereunder  or  to  testify  or  to  permit  inspection  of  rec- 
ords or  produce  records  as  required  hereunder,  or  who  makes, 
permits  or  requires  any  deduction  from  wages  to  pay  all  or 
any  portion  of  the  contributions  required  from  employers,  or 
who  attempts  to  induce  any  individual  to  waive  any  right  under 
this  chapter,  shall,  upon  conviction,  be  fined  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars,  or  imprisoned 
not  more  than  six  months,  or  both;  and  each  such  violation 
shall  constitute  a  separate  and  distinct  offense. 

45.  Penalties.  Amend  section  14-B  of  said  chapter  179-A 
by  adding  the  words,  by  counsel  for  the  unemployment  com- 
pensation division,  after  the  word  "direction,"  so  that  as 
amended  said  section  shall  read  as  follows:  B.  All  criminal 
actions  for  violation  of  any  provisions  of  this  chapter,  or  of 
any  rule  or  regulation  issued  pursuant  thereto,  shall  be  prose- 
cuted by  the  attorney  general  of  the  state  or,  at  his  request 
and  under  his  direction,  by  counsel  for  the  unemployment 
compensation  division  or  by  the  county  solicitor  of  any  county 
in  which  the  employer  has  a  place  of  business  or  the  violator 
resides. 


1941]  Chapter  103  149 

46.  Other  States.  Amend  section  15  of  said  chapter  179-A 
by  striking  out  the  whole  of  the  same  and  inserting  in  place 
thereof  the  following:     15.     Reciprocal  Arrangements. 

A.  The  commissioner  is  hereby  authorized  to  enter  into 
arrangements  with  the  appropriate  agencies  of  other  states 
or  the  federal  government  whereby  individuals  performing 
services  in  this  and  other  states  for  a  single  employing  unit 
under  circumstances  not  specifically  provided  for  in  section  1 
of  this  chapter  or  under  similar  provisions  in  the  unemploy- 
ment compensation  laws  of  such  other  states,  shall  be  deemed 
to  be  engaged  in  employment  performed  entirely  within  this 
state  or  within  one  of  such  other  states  and  whereby  potential 
rights  to  benefits  accumulated  under  the  unemployment  com- 
pensation laws  of  several  states  or  under  such  a  law  of  the 
federal  government,  or  both,  may  constitute  the  basis  for  the 
payment  of  benefits  through  a  single  appropriate  agency 
under  terms  which  the  commissioner  finds  will  be  fair  and 
reasonable  as  to  all  affected  interests  and  will  not  result  in 
any  substantial  loss  to  the  fund. 

B.  Wages  or  services,  upon  the  basis  of  which  an  in- 
dividual may  become  entitled  to  benefits  under  an  unemploy- 
ment compensation  law  of  another  state  or  of  the  federal 
government,  shall  be  deemed  to  be  wages  for  insured  work 
for  the  purpose  of  determining  his  rights  to  benefits  under 
this  chapter,  and  wages  for  insured  work,  on  the  basis  of 
which  an  individual  may  become  entitled  to  benefits  under 
this  chapter  shall  be  deemed  to  be  wages  or  services  on  the 
basis  of  which  unemployment  compensation  under  such  law 
of  another  state  or  of  the  federal  government  is  payable,  but 
no  such  arrangement  shall  be  entered  into  unless  it  contains 
provisions  for  reimbursements  to  the  fund  for  such  of  the 
benefits  paid  under  this  chapter  upon  the  basis  of  such  wages 
or  services,  and  provisions  for  reimbursements  from  the  fund 
for  such  of  the  compensation  paid  under  such  other  law  upon 
the  basis  of  wages  for  insured  work,  as  the  commissioner  finds 
will  be  fair  and  reasonable  as  to  all  affected  interests. 

C.  Contributions  due  under  this  chapter  with  respect  to 
wages  for  insured  work  shall  for  the  purposes  of  section  11 
of  this  chapter  be  deemed  to  have  been  paid  to  the  fund  as  of 
the  date  payment  was  made  as  contributions  therefor  under 
another  state  or  federal  unemployment  compensation  law,  but 


150  Chapter  103  [1941 

no  such  arrangement  shall  be  entered  into  unless  it  contains 
provisions  for  such  reimbursement  to  the  fund  of  such  con- 
tributions and  the  actual  earnings  thereon  as  the  commis- 
sioner finds  will  be  fair  and  reasonable  as  to  all  affected  in- 
terests. 

D.  Reimbursements  paid  from  the  fund  pursuant  to  any- 
reciprocal  arrangement  authorized  by  the  provisions  of  this 
chapter  shall  be  deemed  to  be  benefits  for  the  purposes  of 
sections  2  and  8  of  this  chapter.  The  commissioner  is  author- 
ized to  make  to  other  state  or  federal  agencies  and  to  receive 
from  such  other  state  or  federal  agencies,  reimbursements 
from  or  to  the  fund,  in  accordance  with  arrangements  entered 
into  pursuant  to  subsection  A  of  this  section. 

47.  Separability  of  Provisions.  Amend  section  16  of  said 
chapter  179-A  by  striking  out  the  whole  of  the  same  and  in- 
serting in  place  thereof  the  following:  16.  Separability  of 
Provisions.  If  any  provision  of  this  chapter  or  the  appli- 
cation thereof  to  any  person  or  circumstances,  is  held  invalid, 
the  remainder  of  this  chapter  and  the  application  of  such  pro- 
vision to  other  persons  or  circumstances  shall  not  be  affected 
thereby. 

48.  Suspension  and  Termination.  Amend  section  17  of 
said  chapter  179-A  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following :  17.  Suspension  and 
Termination.  If  at  any  time  the  governor  shall  find  (1)  that 
the  provisions  of  this  chapter  requiring  the  payment  of  con- 
tributions and  benefits  have  been  held  invalid  under  the  con- 
stitution of  this  state  by  the  supreme  court  of  this  state  or 
under  the  United  States  constitution  by  the  supreme  court  of 
the  United  States  in  such  manner  that  any  person  or  concern 
required  to  pay  contributions  under  this  chapter  might  secure 
a  similar  decision,  or  (2)  that  the  tax  imposed  by  the  Federal 
Unemployment  Tax  Act,  as  amended,  or  any  other  federal  tax 
against  which  contributions  under  this  chapter  may  be 
credited,  has  been  amended  or  repealed  by  Congress  or  has 
been  held  unconstitutional  by  the  supreme  court  of  the  United 
States  with  the  result  that  no  portion  of  the  contribution  re- 
quired by  this  chapter  may  be  credited  against  such  federal 
tax,  the  governor  shall  publicly  so  proclaim,  and  upon  the  date 
of  such  proclamation  the  provisions  of  this  chapter  requiring 
the  payment  of  contributions  and  benefits  shall  be  suspended. 


1941]  Chapter  103  151 

The  commissioner  shall  thereupon  requisition  from  the  un- 
employment trust  fund  all  moneys  therein  standing  to  its 
credit  and  shall  direct  the  state  treasurer  to  deposit  such 
moneys,  together  with  any  other  moneys,  in  the  fund,  as  a 
special  fund  in  any  bank  or  public  depositories  in  this  state  in 
which  general  funds  of  the  state  may  be  deposited,  and  to 
hold  such  moneys  for  such  disposition  as  the  legislature  may 
prescribe. 

49.  Saving  Clause.  Amend  section  18  of  said  chapter 
179-A  by  striking  out  the  whole  of  the  same  and  inserting  in 
place  thereof  the  following:  18.  Saving  Clause.  The  legis- 
lature reserves  the  right  to  amend  or  repeal  all  or  any  part 
of  this  chapter  at  any  time;  and  there  shall  be  no  vested 
private  right  of  any  kind  against  such  amendment  or  repeal. 
All  the  rights,  privileges,  or  immunities  conferred  by  this 
chapter  or  by  acts  done  pursuant  thereto  shall  exist  subject  to 
the  power  of  the  legislature  to  amend  or  repeal  this  chapter 
at  any  time. 

50.  Powers  of  Commissioner.  Amend  said  chapter  179-A 
by  inserting  after  section  18  the  following:  19.  Federal 
Minimum  Standards.  In  the  event  that  the  Congress  of  the 
United  States  should  pass  any  legislation  establishing  certain 
minimum  standards  directing  the  states  to  make  such  changes 
in  their  various  laws  as  may  be  necessary  to  bring  them  in 
conformity  with  such  minimum  standards,  the  commissioner, 
or  his  duly  authorized  representative,  is  hereby  authorized  to 
make  such  revision  as  may  be  necessary  to  cause  the  pro- 
visions of  this  chapter  to  conform  with  such  minimum 
standards.  If  any  of  the  provisions  of  this  section  or  the 
application  thereof  to  any  persons  or  circumstances  are  held 
invalid,  the  remainder  of  this  chapter  in  the  application  of  this 
section  to  other  persons  or  circumstances  shall  not  be  affected 
thereby. 

51.  Eifective  Date.  This  act  shall  take  effect  upon  its 
passage  provided  that  sections  3,  4,  9,  24  and  30  shall  be 
deemed  effective  as  of  January  1,  1941,  and  further  provided 
that  benefits  for  all  payable  weeks  ending  after  the  date  of 
the  passage  of  this  act  shall  be  paid  and  treated  in  all  respects 
in  accordance  with  the  provisions  of  the  unemployment  com- 
pensation law  as  amended  by  this  act. 

[Approved  May  10,  1941.] 


152  Chapter  104  [1941 

CHAPTER  104. 

AN  ACT  PROVIDING  FOR  ALTERNATE  JURORS  IN  CERTAIN  CASES. 

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

1.  Superior  Court  Cases.  Amend  chapter  321  of  the 
Public  Laws  (chapter  365,  commissioners'  report,  revising 
laws  of  New  Hampshire)  by  adding  at  the  end  thereof  the 
following  new  section :  32.  Alternate  Juror.  In  the  trial  in 
the  superior  court  of  any  case,  civil  or  criminal,  when  it 
appears  to  the  presiding  justice  that  the  trial  is  likely  to  be 
protracted,  upon  direction  of  the  presiding  justice  after  the 
jury  has  been  duly  impaneled  and  sworn  an  additional  or 
alternate  juror  shall  be  selected  in  the  same  manner  as  the 
regular  jurors  in  said  case  were  selected,  but  each  party  shall 
be  entitled  to  one  peremptory  challenge  as  to  such  alternate 
juror;  such  additional  or  alternate  juror  shall  likewise  be 
sworn  and  seated  near  the  jury,  with  equal  opportunity  for 
seeing  and  hearing  the  proceedings  and  shall  attend  at  all 
times  upon  the  trial  with  the  jury  and  shall  obey  all  orders 
and  admonitions  of  the  court  to  the  jury  and,  when  the  jurors 
are  ordered  kept  together  in  any  case,  said  alternate  juror 
shall  be  kept  with  them.  Such  alternate  juror  shall  be  liable 
as  a  regular  juror  for  failure  to  attend  the  trial  or  to  obey  any 
order  or  admonition  of  the  court  to  the  jury,  shall  receive  the 
same  compensation  as  other  jurors,  and  except  as  hereinafter 
provided  shall  be  discharged  upon  the  final  submission  of  the 
case  to  the  jury.  If  before  the  final  submission  of  the  case 
to  the  jury  a  juror  becomes  incapacitated  or  disqualified  or 
dies,  his  place  shall  be  taken,  upon  the  order  of  the  court,  by 
said  alternate  juror  who  shall  become  one  of  the  jury  and 
serve  in  all  respects  as  though  selected  as  an  original  juror. 

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

[Approved  May  14,  1941.] 


1941]  Chapter  105  153 

CHAPTER  105. 

AN  ACT  RELATING  TO  THE  ANNUAL  REPORT  OF  THE  INSURANCE 
COMMISSIONER  TO  THE  SECRETARY  OF  STATE. 

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

1.  Insurance  Commissioner.  Amend  section  21  of  chapter 
271  of  the  PubUc  Laws  (commissioners'  report,  chapter  312, 
section  23)  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  21.  Reports.  He  shall,  on  or  before 
November  first  in  each  year,  file  with  the  secretary  of  state 
his  annual  report.  He  shall  give  therein  the  following 
statistics  relating  to  each  domestic  company :  The  amount  of 
its  capital  stock,  premium  notes,  risks,  losses  during  the  pre- 
ceding year,  indebtedness  for  borrowed  money,  indebtedness 
for  losses,  expenses  in  adjusting  losses,  assessments,  collec- 
tions upon  assessments,  expense  of  making  such  collections, 
payments  to  agents  for  applications  for  insurance,  and  such 
other  statistics  as  will  give  full  information  in  regard  to  the 
management  of  the  company  and  its  financial  standing.  He 
shall  give  therein  an  abstract  of  the  annual  reports  made  to 
him  by  foreign  insurance  companies  doing  business  in  the 
state.  He  shall  include  therein  an  account  of  all  sums 
collected  by  him  for  the  use  of  the  state  during  the  year,  and 
of  the  expenses  of  his  office.  He  shall  also  give  such  further 
information,  and  make  such  recommendations  in  relation  to 
the  subject  of  insurance,  as  he  shall  deem  to  be  of  use  to  the 
legislature  and  the  people  of  the  state. 

2.  Statistics  on  File.  Amend  said  chapter  271  by  insert- 
ing after  section  21  the  following  new  section:  21 -a. 
Reports  from  Companies.  He  shall  annually  secure  from  each 
domestic  company  and  keep  on  file  in  his  office  the  following 
statistics  relating  to  such  companies,  payments  to  each  of  its 
officers  for  services,  indebtedness  to  each  officer  for  services, 
the  sum  allowed  to  ofliicers  and  agents  for  travel  and  for 
services  while  adjusting  losses,  and  such  other  facts  as  he 
may  require. 

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

[Approved  May  14,  1941.] 


154  Chapter  106  [1941 

CHAPTER  106. 

AN  ACT  RELATIVE  TO  GRADING  OF  EGGS. 

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

1.  Grading  of  Eggs.  Amend  section  1  of  chapter  60  of 
the  Laws  of  1935  (section  1,  chapter  194,  commissioners'  re- 
port) by  striking  out  paragraphs  V,  VI  and  VII  and  inserting 
in  place  thereof  the  following:  V.  "Large"  eggs  shall  mean 
eggs  having  an  average  weight  of  not  less  than  twenty-four 
ounces  per  dozen  with  no  egg  or  eggs  below  the  rate  of  twenty- 
three  ounces  per  dozen.  A  tolerance  of  not  more  than  one 
egg  per  dozen  shall  be  allowed  in  this  classification,  but  eggs 
under  this  tolerance  shall  weigh  not  less  than  at  the  rate  of 
twenty-two  ounces  per  dozen.  VI.  "Medium"  eggs  shall 
mean  eggs  having  an  average  weight  of  not  less  than  twenty- 
one  ounces  per  dozen  with  no  egg  or  eggs  below  the  rate  of 
twenty  ounces  per  dozen.  A  tolerance  of  not  more  than  one 
egg  per  dozen  shall  be  allowed  in  this  classification,  but  eggs 
under  this  tolerance  shall  weigh  not  less  than  at  the  rate  of 
nineteen  ounces  per  dozen.  VII.  "Pullet"  or  "small"  eggs 
shall  mean  eggs  having  an  average  weight  of  not  less  than 
eighteen  ounces  per  dozen  with  no  egg  or  eggs  below  the  rate 
of  eighteen  ounces  per  dozen.  A  tolerance  of  not  more  than 
one  egg  per  dozen  shall  be  allowed  in  this  classification,  but 
eggs  under  this  tolerance  shall  weigh  not  less  than  at  the  rate 
of  seventeen  ounces  per  dozen. 

2.  Definition.  Amend  section  1  of  chapter  60  of  the  Laws 
of  1935  by  striking  out  paragraph  IX  and  inserting  in  place 
thereof  the  following:  IX.  "Unclassified"  or  "not  sized" 
eggs  shall  mean  eggs  which  have  not  been  sorted  or  graded  to 
size. 

3.  Repeal.  Paragraph  II  of  section  6  of  chapter  60  of  the 
Laws  of  1935  (paragraph  II  of  section  6,  chapter  194,  com- 
missioners' report)  relative  to  tolerance  as  to  size  of  eggs,  is 
hereby  repealed. 

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

[Approved  May  14,  1941.] 


1941]  Chapter  107  155 

CHAPTER  107. 

AN  ACT  RELATING  TO  PUBLIC  WELFARE. 

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

1.  Old  Age  Assistance.  Amend  section  8  of  chapter  202 
of  the  Laws  of  1937  (chapter  126  of  the  commissioners'  re- 
port) by  adding  after  the  word  ''settlement"  the  words,  or  be 
prevented  from  gaining  one,  so  that  said  section  as  amended 
shall  read  as  follows:  8.  Settlement.  No  person  shall  lose 
his  settlement  or  be  prevented  from  gaining  one  because  of 
receiving  old  age  assistance  under  the  provisions  of  this  sub- 
division. 

2.  Rules  and  Regulations.  Amend  section  3  of  said  chapter 
202  of  the  Laws  of  1937  by  striking  out  the  last  sentence  of 
said  section  and  inserting  in  place  thereof  the  following :  Said 
board  shall  establish  and  enforce  reasonable  rules  and 
regulations  governing  the  custody,  use  and  preservation  of 
the  records,  papers,  files  and  communications  relating  to  the 
department.  The  rules  and  regulations  of  the  board  shall  be 
binding  upon  counties  and  towns,  so  that  said  section  as 
amended  shall  read  as  follows:  3.  Duties  of  the  Board.  It 
shall  be  the  duty  of  the  board  to  supervise  and  direct  the  de- 
partment that  its  duties  herein  defined  be  effectuated,  and  to 
make  such  rules  and  regulations,  and  take  action  necessary  or 
desirable  to  carry  out  the  provisions  of  this  subdivision.  Said 
board  shall  establish  and  enforce  reasonable  rules  and  regu- 
lations governing  the  custody,  use  and  preservation  of  the 
records,  papers,  files  and  communications  relating  to  the  de- 
partment. The  rules  and  regulations  of  the  board  shall  be 
binding  upon  counties  and  towns. 

3.  Public  Assistance  Records.  Amend  said  chapter  202  of 
the  Laws  of  1937  by  inserting  after  section  35  the  following 
new  sections: 

35-a.  Confidential  Character  of.  Whenever  under  pro- 
visions of  law  names  and  addresses  of  recipients  of  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  bhnd  are 
furnished  to  or  held  by  any  other  agency  or  department  of 
government,  such  agency  or  department  of  government  shall 
be  required  to  adopt  regulations  necessary  to  prevent  the 
publication  of  lists  thereof  or  their  use  for  purposes  not 
directly  connected  with  the  administration  of  this  chapter. 


156  Chapter  108  [1941 

35-b.  Misuse  of  Lists  and  Records.  It  shall  be  unlaw- 
ful except  for  purposes  directly  connected  with  the  adminis- 
tration of  old  age  assistance,  aid  to  the  blind,  aid  to  dependent 
children,  and  in  accordance  with  regulations  prescribed  by  the 
board  for  any  person,  to  solicit,  disclose,  receive,  make  use 
of  or  to  authorize,  knowingly  permit,  participate  in  or 
acquiesce  in  the  use  of,  any  list  of  or  names  of,  or  any  in- 
formation concerning  persons  applying  for  or  receiving  such 
assistance  directly  or  indirectly  derived  from  the  records, 
papers,  files  or  communications  of  the  department  of  public 
welfare  or  agencies  thereof,  or  acquired  in  the  course  of  the 
performance  of  official  duties. 

35-c.  Penalties.  Any  person  who  shall  violate  the  pro- 
visions of  section  35-b  shall  be  fined  not  exceeding  twenty-five 
dollars. 

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

[Approved  May  14,  1941.] 


CHAPTER  108. 

AN  ACT  RELATIVE  TO  PURCHASES  BY  COUNTIES. 

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

1.  Purchases  by  County.  Amend  chapter  38  of  the  Public 
Laws  (chapter  47,  commissioners'  report)  by  inserting  after 
section  7  the  following  new  section:  7-a.  Competitive  Bid- 
ding. Any  purchase  of  equipment  or  materials  made  by  a 
county  in  an  amount  exceeding  fifty  dollars  shall  be  by  com- 
petitive bidding,  provided  that  the  county  commissioners  by 
unanimous  vote  may  waive  the  provisions  for  such  bidding. 
In  case  the  commissioners  so  vote  a  copy  of  such  action  shall 
be  recorded  in  their  offices  with  a  statement  of  the  reasons 
therefor  and  such  record  shall  be  open  to  public  inspection. 
Orders  for  equipment  or  material  to  be  delivered  at  different 
times  where  the  single  delivery  may  be  less  than  fifty  dollars 
but  the  total  order  exceeds  that  amount  shall  be  construed 
as  coming  within  the  provisions  hereof  requiring  competitive 
bidding. 


1941]  Chapter  109  157 

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

[Approved  May  14,  1941.] 


CHAPTER  109. 

AN  ACT  RELATIVE  TO  LEGAL  INVESTMENTS  FOR  SAVINGS  BANKS. 

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

1.  Legal  Investments,  Savings  Banks.  Amend  section  8 
of  chapter  262  of  the  Public  Laws,  as  amended  by  section  4, 
chapter  89,  Laws  of  1927,  section  10,  chapter  122,  Laws  of 
1929  and  section  5,  chapter  67,  Laws  of  1933  (section  8, 
chapter  301,  commissioners'  report)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following :  8.  Limita- 
tions. Not  exceeding  sixty-five  per  cent  of  the  deposits  shall 
be  invested  in  securities  authorized  under  sections  9  to  12  in- 
clusive; not  exceeding  five  per  cent  of  the  deposits  shall  be 
invested  in  the  securities  of  any  one  company;  and  not  ex- 
ceeding ten  per  cent  of  the  deposits  shall  be  invested  in 
securities  authorized  by  sections  9  to  12  inclusive  other  than 
bonds,  notes,  equipment  securities  and  receivers'  certificates 
provided  that  whenever  ten  per  cent  of  the  deposits  is  in- 
vested in  stocks  an  additional  five  per  cent  may  be  invested  in 
stocks  of  senior  preference  which  qualify  as  aforesaid  and 
provided  further  that  the  issuing  company  thereof  has  had 
earnings  applicable  to  dividends  on  such  stock  in  each  of  the 
five  years  next  preceding  such  investment  equal  to  at  least 
two  and  one  half  times  the  dividend  requirements  of  such 
stock.  No  investment  shall  be  made  in  the  securities  of  a 
corporation  authorized  by  paragraphs  VIII,  IX  and  X  of 
section  12  unless  at  least  sixty-five  per  cent  of  the  gross  in- 
come of  such  corporation  is  derived  from  the  direct  operation 
of  its  water,  heat,  ice,  gas,  electric  light  or  electric  power 
business,  or  a  combination  of  two  or  more  of  the  foregoing 
described  businesses. 

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

[Approved  May  15,  1941.] 


158  Chapter  110  [1941 

CHAPTER  110. 

AN     ACT     RELATING     TO     ACCIDENT     AND     HEALTH     INSURANCE 

POLICIES. 

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

1.  Policies.  Amend  section  22  of  chapter  281  of  the  PubHc 
Laws  (chapter  322,  section  22,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  22.  Blanket  Policies.  This  chapter  shall  not 
apply  to  or  affect  any  policies  of  liability  or  workmen's  com- 
pensation insurance,  and  the  provisions  of  sections  4  to  15,  in- 
clusive, of  this  chapter  shall  not  apply  to  or  affect  any  gen- 
eral or  blanket  policy  of  insurance  issued  to  any  municipal 
corporation  or  department  thereof,  or  to  any  employer,  in- 
stitution devoted  to  educational  or  instructional  purposes, 
police  or  fire  department,  underwriters'  corps,  salvage  bureau 
or  like  associations  or  organizations,  where  the  officers,  mem- 
bers, students  or  employees  or  classes  or  departments  thereof 
are  insured  for  their  individual  benefit  against  specified 
accidental  bodily  injuries  or  sickness  while  exposed  to  the 
hazards  of  the  occupation  or  otherwise  in  consideration  of  a 
premium  intended  to  cover  the  risks  of  all  the  persons  insured 
under  such  policy. 

2.  Provisions  Governing.  Amend  said  chapter  281  of  the 
Public  Laws  (chapter  322,  commissioners'  report)  by  insert- 
ing after  section  25  the  following  new  section :  25-a.  Group 
or  Blanket  Policy  Provisions.  I.  No  policy  of  group  or 
blanket  accident  or  health  insurance,  or  accident  and  health 
insurance,  and  no  certificate  thereunder  shall,  except  as  pro- 
vided in  paragraph  III  hereof,  be  delivered  or  issued  for  de- 
livery in  this  state  unless  the  policy  contains  in  substance  each 
and  all  of  the  provisions  set  forth  in  the  following  paragraphs 
or  provisions  which  in  the  opinion  of  the  commissioner  are 
more  favorable  to  the  holders  of  such  certificates  or  not  less 
favorable  to  the  holders  of  such  certificates  and  more  favor- 
able to  policyholders: 

(a)  A  provision  that  no  statement  made  by  the  applicant 
for  insurance  shall  avoid  the  insurance  or  reduce  benefits 
thereunder  unless  contained  in  the  written  application  signed 
by  the  applicant ;  and  a  provision  that  no  agent  has  authority 
to  change  the  policy  or  to  waive  any  of  its  provisions;  and 


1941]  Chapter  110  159 

that  no  change  in  the  poHcy  shall  be  valid  unless  approved  by 
an  officer  of  the  insurer  and  evidenced  by  endorsement  on  the 
policy,  or  by  amendment  to  the  policy  signed  by  the  policy- 
holder and  the  insurer. 

(b)  A  provision  that  all  statements  contained  in  any 
such  application  for  insurance  shall  be  deemed  representations 
and  not  warranties. 

(c)  A  provision  that  all  new  employees  or  new  members, 
as  the  case  may  be,  in  the  groups  or  classes  eligible  for  such 
insurance  must  be  added  to  such  groups  or  classes  for  which 
they  are  respectively  eligible. 

(d)  A  provision  that  all  premiums  due  under  the  policy 
shall  be  remitted  by  the  employer  or  employers  of  the  persons 
insured  or  by  some  other  designated  person  acting  on  behalf 
of  the  association  or  group  insured,  to  the  insurer  on  or  be- 
fore the  due  date  thereof,  with  such  period  of  grace  as  may 
be  specified  therein. 

(e)  A  provision  stating  the  conditions  under  which  the 
insurer  may  decline  to  renew  the  policy. 

(f)  A  provision  that  the  insurer  shall  issue  to  the  em- 
ployer or  other  person  or  association  in  whose  name  such 
policy  is  issued,  for  delivery  to  each  member  of  the  insured 
group,  an  individual  certificate  setting  forth  in  summary  form 
a  statement  of  the  essential  features  of  the  insurance  coverage 
of  such  employee  or  such  member,  to  whom  the  benefits  there- 
under are  payable,  and  in  substance  the  provisions  of  para- 
graphs (g)  to  (n)  inclusive. 

(g)  A  provision  specifying  the  ages,  if  any  there  be,  to 
which  the  insurance  provided  therein  shall  be  limited ;  and  the 
ages,  if  any  there  be,  for  which  additional  restrictions  are 
placed  on  benefits,  and  the  additional  restrictions  placed  on 
the  benefits  at  such  ages. 

(h)  A  provision  that  written  notice  of  sickness  or  of  in- 
jury must  be  given  to  the  insurer  within  twenty  days  after 
the  date  when  such  sickness  or  injury  occurred.  Failure  to 
give  notice  within  such  time  shall  not  invalidate  nor  reduce 
any  claim  if  it  shall  be  shown  not  to  have  been  reasonably 
possible  to  give  such  notice  and  that  notice  was  given  as  soon 
as  was  reasonably  possible. 

(i)  A  provision  that  in  the  case  of  claim  for  loss  of 
time   for   disability,    written   proof   of   such    loss   must    be 


160  Chapter  110  [1941 

furnished  to  the  insurer  within  thirty  days  after  the  com- 
mencement of  the  period  for  which  the  insurer  is  Hable,  and 
that  subsequent  written  proofs  of  the  continuance  of  such  dis- 
abihty  must  be  furnished  to  the  insurer  at  such  intervals  as 
the  insurer  may  reasonably  require,  and  that  in  the  case  of 
claim  for  any  other  loss,  written  proof  of  such  loss  must  be 
furnished  to  the  insurer  within  ninety  days  after  the  date  of 
such  loss.  Failure  to  furnish  such  proof  within  such  time  shall 
not  invalidate  nor  reduce  any  claim  if  it  shall  be  shown  not  to 
have  been  reasonably  possible  to  furnish  such  proof  and  that 
such  proof  was  furnished  as  soon  as  was  reasonably  possible. 

(j)  A  provision  that  the  insurer  will  furnish  to  the 
policyholder  such  forms  as  are  usually  furnished  by  it  for 
filing  proof  of  loss.  If  such  forms  are  not  furnished  before 
the  expiration  of  fifteen  days  after  the  insurer  receives  notice 
of  any  claim  under  the  policy,  the  person  making  such  claim 
shall  be  deemed  to  have  complied  with  the  requirements  of  the 
policy  as  to  proof  of  loss  upon  submitting  within  the  time  fixed 
in  the  policy  for  filing  proof  of  loss,  written  proof  covering 
the  occurrence,  character  and  extent  of  the  loss  for  which 
claim  is  made. 

(k)  A  provision  that  the  insurer  shall  have  the  right 
and  opportunity  to  examine  the  person  of  the  insured  when 
and  so  often  as  it  may  reasonably  require  during  the  pendency 
of  claim  under  the  policy  and  also  the  right  and  opportunity 
to  make  an  autopsy  in  case  of  death  where  it  is  not  pro- 
hibited by  law. 

(1)  A  provision  that  all  benefits  payable  under  the 
policy  other  than  benefits  for  loss  of  time  will  be  payable  not 
more  than  sixty  days  after  receipt  of  proof,  and  that,  sub- 
ject to  due  proof  of  loss  all  accrued  benefits  payable  under 
the  policy  for  loss  of  time  will  be  paid  not  later  than  at  the 
expiration  of  each  period  of  thirty  days  during  the  continu- 
ance of  the  period  for  which  the  insurer  is  liable,  and  that 
any  balance  remaining  unpaid  at  the  termination  of  such 
period  will  be  paid  immediately  upon  receipt  of  such  proof. 

(m)  A  provision  that  indemnity  for  loss  of  life  of  the 
insured  is  payable  to  the  beneficiary  if  surviving  the  in- 
sured, and  otherwise  to  the  estate  of  the  insured;  and  that 
all  other  indemnities  of  the  policy  are  payable  to  the  insured ; 
and  that  if  a  beneficiary  is  designated,  the  consent  of  the 


1941]  Chapter  110  161 

beneficiary  shall  not  be  requisite  to  change  of  beneficiary,  or 
to  any  other  changes  in  the  policy  or  certificate,  except  as 
may  be  specifically  provided  by  the  policy. 

(n)  A  provision  that  no  action  at  law  or  in  equity  shall 
be  brought  to  recover  on  the  policy  prior  to  the  expiration  of 
sixty  days  after  proof  of  loss  has  been  filed  in  accordance 
with  the  requirements  of  the  policy  and  that  no  such  action 
shall  be  brought  at  all  unless  brought  within  two  years  from 
the  expiration  of  the  time  within  which  proof  of  loss  is  re- 
quired by  the  policy. 

II.  Any  portion  of  any  such  policy,  delivered  or  issued  for 
delivery  in  this  state,  which  purports,  by  reason  of  the  cir- 
cumstances under  which  a  loss  is  incurred,  to  reduce  any 
benefits  promised  thereunder  to  an  amount  less  than  that  pro- 
vided for  the  same  loss  occurring  under  ordinary  circum- 
stances, shall  be  printed,  in  such  policy  and  in  each  certificate 
issued  thereunder,  in  bold  face  type  and  with  greater  promi- 
nence than  any  other  portion  of  the  text  of  such  policy  or 
certificate,  respectively;  and  all  other  exceptions  of  the  policy 
shall  be  printed  in  the  policy  and  in  the  certificate,  with  the 
same  prominence  as  the  benefits  to  which  they  apply.  If  any 
such  policy  contains  any  provision  which  affects  the  liability 
of  the  insurer  because  of  any  violation  of  law  by  the  insured 
during  the  term  of  the  policy,  it  shall  be  in  the  following  form  : 
The  insurer  shall  not  be  liable  for  death,  injury  incurred  or 
disease  contracted,  to  which  a  contributing  cause  was  the  in- 
sured's commission  of,  or  attempt  to  commit,  a  felony,  or 
which  occurs  while  the  insured  is  engaged  in  an  illegal 
occupation.  If  any  such  policy  contains  any  provision  which 
affects  the  liability  of  the  insurer  because  of  the  insured's  use 
of  intoxicating  liquor  or  narcotics  during  the  term  of  the 
policy,  it  shall  be  in  the  following  form:  The  insurer  shall 
not  be  liable  for  death,  injury  incurred  or  disease  contracted 
while  the  insured  is  intoxicated  or  under  the  influence  of  nar- 
cotics unless  administered  on  the  advice  of  a  physician. 

III.  The  commissioner  may  approve  any  form  of  blanket 
accident  or  health  or  accident  and  health  insurance  policy,  or 
any  form  of  certificate  to  be  issued  under  such  policy,  which 
omits  or  modifies  any  of  the  provisions  hereinbefore  required, 
if  he  deems  such  omission  or  modification  suitable  for  the 
character  of  such  insurance  and  not  unjust  to  the  persons  in- 
sured thereunder. 


162  Chapter  111  [1941 

IV.  Any  such  general  or  blanket  policy  may  include  bene- 
fits payable  on  account  of  hospital  or  medical  or  surgical  aid 
for  an  employee  or  other  member  of  the  group  insured  by 
such  policy,  his  or -her  spouse,  child  or  children  or  other  de- 
pendents. 

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

[Approved  May  15,  1941.] 


CHAPTER  111. 


AN     ACT    RELATIVE    TO    LIGHTS    AND    REFLECTORS     ON     MOTOR 
VEHICLES,   TRACTORS,    TRAILERS    AND   SEMI-TRAILERS. 

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

1.  Definitions.  Amend  section  1,  chapter  99,  Public  Laws, 
(section  1,  chapter  115,  commissioners'  report)  by  inserting 
after  paragraph  XXVIII,  as  inserted  by  section  5,  chapter  189, 
Laws  of  1939,  the  following  new  paragraph :  XXIX.  "Bus" 
any  motor  vehicle  with  a  width  in  excess  of  eighty  inches 
designed  or  adapted  and  used  for  the  transportation  of 
passengers. 

2.  Reflectors.  Amend  section  6,  chapter  103,  Public  Laws, 
as  amended  by  section  2,  chapter  105,  Laws  of  1933  (section  8, 
chapter  119,  commissioners'  report)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  6.  Tail 
Lamps  and  Reflectors.  Every  motor  vehicle,  tractor,  trailer 
and  semi-trailer,  when  on  the  highways  of  this  state  at  night, 
shall  have  on  the  rear  thereof,  and  to  the  left  of  the  axis 
thereof,  one  lamp  displaying  a  red  light  visible  for  a  distance 
of  at  least  one  hundred  feet  behind  such  vehicle,  and  a  white 
light  illuminating  the  registration  plate  of  such  vehicle  so 
that  the  characters  thereon  shall  be  visible  for  a  distance  of  at 
least  fifty  feet.  Every  such  device  shall  be  approved  by  the 
motor  vehicle  commissioner.  Application  for  such  approval, 
accompanied  by  a  fee  of  fifty  dollars,  may  be  made  to  the 
motor  vehicle  commissioner  by  any  manufacturer  thereof  or 
dealer  therein.  Every  lamp,  bulb  or  light  used  in  any  tail 
lamp  shall  be  of  such  candle  power  as  may  be  specified  for  the 


1941]  Chapter  111  163 

approved  device  in  the  certificate  approving  the  use  thereof. 
Provided  every  bus,  motor  truck,  trailer  or  semi-trailer  shall, 
in  addition  to  such  rear  lamps  be  equipped  with  two  red  re- 
flectors on  the  rear  thereof,  one  at  each  side,  of  such  a  type 
and  size  as  shall  be  approved  by  the  motor  vehicle  commis- 
sioner. Such  reflectors  shall  be  located  not  less  than  twenty- 
four  nor  more  than  forty-eight  inches  above  the  ground,  and 
shall  be  placed  in  such  manner  as  to  indicate  the  extreme 
width  of  the  vehicle  and  load  and  to  reflect  rays  of  light 
thrown  upon  such  reflector.  The  visibility  of  such  reflector 
shall  not  be  impaired  at  any  time. 

3.  Requirements  for  Bus,  Motor  Truck,  etc.  Amend  sec- 
tion 6-a,  chapter  103,  Public  Laws,  as  inserted  by  section  1, 
chapter  134,  Laws  of  1933  (section  9,  chapter  119,  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  6-a.  Clearance  Lamps.  Every 
bus,  motor  truck,  trailer  or  semi-trailer,  having  a  width  in- 
cluding load  in  excess  of  eighty  inches,  when  on  the  highways 
of  this  state  at  night,  shall  have  displayed  on  the  front  there- 
of, in  addition  to  the  front  lights  provided  for  in  section  5,  two 
amber  clearance  lamps.  Every  such  vehicle  shall  have  dis- 
played on  the  rear  thereof,  in  addition  to  the  tail  lamp  and  re- 
flectors provided  for  in  section  6,  two  red  clearance  lamps.  All 
clearance  lamps  shall  be  located  on  the  permanent  part  of  the 
body,  as  high  as  possible  thereon,  one  at  the  extreme  left  and 
one  at  the  extreme  right,  to  indicate  the  extreme  width  of 
said  vehicle  and  load.  Those  on  the  front  shall  be  visible, 
when  lighted,  for  a  distance  of  at  least  five  hundred  feet  from 
the  front  and  the  side  and  those  at  the  rear  shall  be  visible, 
when  lighted,  for  a  distance  of  at  least  five  hundred  feet  from 
the  rear  and  the  side,  of  said  vehicle.  However,  in  the  case 
of  vehicles  and  loads  in  excess  of  forty-five  feet  in  length, 
the  rear  most  clearance  lamp  arrangement  shall  be  mounted 
on  each  side  on  the  rear  most  support  for  the  load,  one  com- 
bination marker  lamp  showing  amber  to  the  front  and  red  to 
the  side  and  rear,  mounted  to  indicate  the  maximum  width  of 
the  vehicle  and  load.  Said  clearance  lamps  shall  be  of  such 
type,  size  and  color  as  shall  be  approved  by  the  motor  vehicle 
commissioner. 

4.  Additionai  Reflectors.     Amend  section  6-b,  chapter  103, 
Public  Laws,  as  inserted  by  section  1,  chapter  44,  Laws  of 


164  Chapter  112  [1941 

1935  (section  10,  chapter  119,  commissioners'  report)  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 6-b.  Requirements.  Every  bus,  motor  truck,  and 
every  trailer  and  semi-trailer,  provided  the  weight  of  said 
trailer  or  semi-trailer,  including  load,  is  three  thousand 
pounds  or  more,  shall  in  addition  to  reflectors  required  in  sec- 
tion 6,  when  operated  upon  the  highways  of  this  state  at 
night,  have  displayed  on  the  body  or  load  carrying  portion  of 
said  vehicle,  the  following;  on  each  side  one  amber  reflector, 
located  at  or  near  the  front,  and  one  red  reflector  located  at 
or  near  the  rear.  Such  reflectors  shall  be  of  such  a  type  and 
size  as  shall  be  approved  by  the  motor  vehicle  commissioner 
and  shall  be  located  not  less  than  twenty-four  nor  more  than 
forty-eight  inches  from  the  ground.  The  visibility  of  any 
such  reflector  shall  not  be  impaired  at  any  time. 

5.  Repeal.  Section  27  of  chapter  103,  Public  Laws  (sec- 
tion 39,  chapter  119,  commissioners'  report)  relative  to  lights, 
is  hereby  repealed. 

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

[Approved  May  15,  1941.] 


CHAPTER  112. 

AN  ACT  RELATING  TO  SANITARY  INSPECTORS. 

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

1.  Employees  of  State  Board  of  Health.  Amend  section  1 
of  chapter  136,  Public  Laws,  (section  1,  chapter  159,  commis- 
sioners' report)  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  1.  Employment.  For  the  pur- 
pose of  carrying  out  the  provisions  of  this  chapter  and  of 
other  statutes  the  enforcement  of  which  rests  with  the  state 
board  of  health,  said  board  may  employ  persons  to  be  known 
as  inspectors,  sanitarians,  sanitary  engineers  and  other  agents. 
The  salaries  of  such  employees  shall  be  fixed  by  the  board 
with  the  approval  of  the  governor  and  council  and  such  em- 
ployees shall  be  paid  their  actual  expenses  legally  incurred 
when  engaged  in  the  performance  of  their  duties.  All  powers 
and  duties  imposed  on  inspectors  by  the  provisions  of  this 


1941]  Chapter  113  165 

chapter  may  be  imposed  on  sanitarians,  sanitary  engineers 
and  other  agents  in  so  far  as  the  board  shall  determine. 

2.  Powers.  Amend  said  chapter  136  (said  chapter  159) 
by  inserting  after  section  5  the  following  new  section:  5-a. 
Authority  to  Seize;  Embargo.  Said  inspectors,  sanitarians, 
sanitary  engineers  and  other  agents  are  hereby  authorized 
and  empowered  to  seize  for  use  as  evidence  and  without 
warrant  any  article  or  commodity  found  being  sold,  dis- 
tributed, or  used  in  violation  of  the  laws  relative  to  public 
health  matters;  also  to  embargo  the  further  sale,  distribution 
or  use  of  said  articles  or  commodities,  provided,  however,  that 
in  the  collection  of  samples  of  commodities  for  investigation 
the  retail  price  thereof  shall  be  tendered. 

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

[Approved  May  16,  1941.] 


CHAPTER  113. 


AN  ACT  FOR  THE  BENEFIT  OF  CLUBS  AFFILIATED  WITH  NATIONAL 

ORGANIZATIONS. 

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

1.  Liquor  Licenses.  Amend  chapter  3  of  the  Laws  of  the 
special  session  of  1934  (chapter  167,  commissioners'  report) 
by  inserting  after  section  22  the  following  new  section :  22-a. 
Clubs  Aflaiiated  with  National  Organizations.  In  towns  and 
cities  which  have  accepted  the  provisions  of  this  act,  clubs 
affiliated  with  a  national  fraternal  organization  and  being 
established  for  not  less  than  one  year,  may  be  entitled  to  a 
license  for  the  sale  of  liquor  by  glass  only  to  members  and 
bona  fide  guests  in  said  club  under  rules  laid  down  by  said 
commission. 

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

[Approved  May  16,  1941.] 


166  Chapter  114  [1941 

CHAPTER  114. 

AN  ACT  PROVIDING  FOR  AN  OPEN  SEASON  FOR  TAKING  ELK. 

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

1.  Prohibition.  Amend  section  1  of  chapter  198  of  the 
Public  Laws,  as  inserted  by  section  2,  chapter  124,  Laws  of 
1935  (section  1,  chapter  233,  commissioners'  report)  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 1.  Moose,  Caribou,  Elk.  No  person  shall  at  any  time 
hunt,  take  or  have  in  his  possession  any  moose,  caribou  or  any 
part  of  the  carcass  thereof,  taken  in  this  state.  No  person 
shall  at  any  time  hunt,  take  or  have  in  his  possession  any  elk 
or  any  part  of  the  carcass  thereof,  taken  in  this  state,  except 
as  is  provided  in  section  13-a  of  this  chapter. 

2.  Open  Season  for  Elk;  Limitation.  Amend  chapter  198 
of  the  Public  Laws,  as  inserted  by  chapter  124,  Laws  of  1935 
(chapter  233,  commissioners'  report)  by  inserting  after  sec- 
tion 13  the  following  new  section:  13-a.  Taking  Elk.  Dur- 
ing the  last  fifteen  days  of  December  of  any  year  the  director 
may  at  his  discretion  declare  an  open  season  on  elk  to  be  taken 
in  the  towns  of  Acworth,  Unity,  Washington,  Lempster, 
Goshen,  Stoddard  and  immediate  vicinity  under  the  conditions 
hereinafter  set  forth. 

I.  Not  more  than  one  hundred  and  twenty-five  elk  shall 
be  taken  in  any  one  year. 

II.  No  person  shall  take  elk  in  this  state  without  pro- 
curing a  special  license  therefor  in  addition  to  the  regular 
resident  fishing  and  hunting  license.  The  fee  for  such  special 
license  shall  be  five  dollars. 

III.  No  person  shall  take  elk  other  than  upon  the  two 
days  in  any  year  as  specified  in  his  license.  On  the  specified 
days  elk  may  be  taken  under  the  terms  hereof  from  sunrise  to 
sunset  only. 

IV.  No  person  may  make  more  than  one  application  in 
one  year  for  an  elk  license  and  all  applications  for  such  license 
shall  be  accompanied  by  the  required  fee. 

V.  No  application  for  a  special  elk  license  shall  be 
accepted  by  the  department  later  than  November  thirtieth  of 
the  year  in  which  elk  hunting  is  permitted. 


1941]  Chapter  114  167 

VI.  Not  more  than  six  hundred  licenses  shall  be  issued 
in  any  one  year.  The  procedure  for  ascertaining  to  whom 
licenses  shall  be  issued  shall  be  as  follows :  On  the  first  Mon- 
day of  December  of  the  year  elk  hunting  is  permitted,  the 
names  of  applicants,  who  have  paid  the  required  fee,  shall  be 
typewritten  on  separate  pieces  of  paper  and  placed  by  the 
director,  in  the  presence  of  the  attorney  general,  or  his  official 
representative,  one  member  of  the  state  senate  and  one  mem- 
ber of  the  house  of  representatives,  chosen  by  the  attorney 
general,  in  a  bowl  of  at  least  twelve  inches  in  depth  with  an 
opening  not  exceeding  six  inches.  The  contents  of  the  bowl 
shall  thoroughly  be  mixed  and  names  shall  then  be  drawn 
from  the  bowl  by  one  of  the  three  above-named  persons,  as 
determined  by  the  attorney  general.  The  person  so  drawing 
out  the  names  shall  be  blindfolded  when  so  drawing  out  said 
names.  The  names  as  drawn  out  shall  be  recorded  in  the 
order  of  being  drawn.  If  necessary  the  drawing  may  be  made 
on  more  than  one  day,  at  the  discretion  of  the  director. 

VII.  Licenses  bearing  the  effective  dates  stamped  with 
indelible  ink  shall  be  issued  in  the  order  drawn  to  those  per- 
sons whose  names  were  drawn  as  herein  provided.  The  num- 
ber of  licenses  issued  per  day  shall  be  such  as  the  director 
may  determine  commensurate  with  the  public  safety  but  in 
no  case  shall  over  six  hundred  licenses  be  issued  and  after 
one  hundred  and  twenty-five  elk  have  been  taken  no  further 
licenses  shall  be  issued. 

VIII.  Any  applicant  for  an  elk  license  to  whom  a  license 
is  not  issued  shall  be  refunded  the  amount  of  four  dollars  and 
seventy-five  cents,  not  later  than  December  twenty-sixth  of 
the  year  such  application  is  received.  The  fish  and  game  de- 
partment is  hereby  authorized  to  make  the  refunds  author- 
ized hereunder.  Any  applicant  whose  name  has  been  drawn 
as  above  provided  but  to  whom  no  license  has  been  issued  may 
between  the  first  Monday  of  December  and  the  twenty-sixth 
of  December  withdraw  his  application  and  the  fee  shall  be 
refunded  as  herein  provided.  Any  person  to  whom  a  license 
has  been  issued  and  is  unable  to  use  such  license  because  the 
maximum  number  of  elk  allowed  to  be  killed  have  been  killed 
shall  be  refunded  the  fee  as  herein  provided. 

IX.  Every  holder  of  an  elk  license  shall  report  within 
six  hours  after  the  expiration  of  his  license  in  person  to  a 
checking  station  specified  on  his  license  if  he  has  been  success- 


168        Journal  of  the  Senate. 

An  act  in  amendment  of  sections  2  and  3  of  chapter   188  of 
the  General  Laws,  in  relation  to  adoption  of  children. 

An  act  in  amendment  of  chapter  145,  relating  to  floating  tim- 
ber and  damage  thereon. 

An  act  in  amendment  of  chapter  80,  Laws  of  1883,  in  relation 
to  the  settlement  of  paupers. 

An  act  in  amendment  of  chapter  83,  section  14,  of  the  General 
Laws,  relating  to  the  support  of  county  paupers. 

An  act  in  addition  to  chapter  139  of  the  General  Laws,  relat- 
ing to  liens. 

To  the  Committee  on  Railroads : 

An  act  relating  to  the  annual  returns  of  railroad  corporations. 

An  act  relating  to  the  powers  and  duties  of  the  board  of  rail- 
road commissioners. 

To  the  Committee  on  Banks  : 

An  act  to  incorporate  the  Lisbon  Savings  Bank  and  Trust  Com- 
pany. 

To  the  Committee  on  Incorporations : 

An  act  to  incorporate  the  Nute  High  School  and  Library  in 
the  town  of  Milton. 

An  act  to  incorporate  W.  W.  Brown  Camp,  Sons  of  Veterans, 
New  Hampshire  Division. 

An  act  to  incorporate  the  Ancient  Order  of  United  Workmen's 
Building  Association,  of  Manchester,  New  Hampshire. 

An  act  to  incorporate  the  Home  Mutual  Aid  Society,  at  Sea- 
brook. 

An  act  to  confirm  and  continue  the  organization   of  the  Citi- 
zens' Fire  Insurance  Company. 

To  the  Committee  on  Agriculture  : 

An  act  for  the  protection  of  deer  in  Cheshire  county. 

An  act  for  the  protection  of  horse  owners  and  breeders. 


Wednesday,  July  31,  1889.  169 

An  act  for  the  protection  of  pickerel  in  Lake  Warren. 

An  act  for  the  encouragement  of  the  dairy  interests  in  New 
Hampshire. 

.    An  act  to  prohibit  fishing  in  certain  tributaries  of  Newfound 
Lake. 

The  following  joint  resolutions,  sent  up  from  the  House  of 
Representatives,  were  severally  read  a  first  and  second  time  and 
referred  : 

To  the  Committee  on  Towns  and  Parishes : 

Joint  resolution  in  relation  to  supplying  the  town  of  Temple 
with  certain  New  Hampshire  Law  Reports  lost  by  fire. 

Joint  resolution  in  relation  to  the  procuring  of  the  first  four- 
teen New  Hampshire  Reports  for  the  town  of  Alstead. 

To  the  Committee  on  Agriculture  : 

Joint  resolution  in  relation  to  the  fish  commission,  and  for  a 
fish-hatching  house  at  Newfound  Lake. 

Joint  resolution  in  relation  to  a  fish-hatching  house  in  Cheshire 
county. 

Joint  resolution  in  relation  to  a  fish-hatching  house  at  La- 
conia. 

Senator  Willard,  under  suspension  of  the  rules,  sixteen  senators 
actually  voting  in  favor  thereof,  introduced  a  bill  entitled  "An 
act  to  incorporate  the  Crystal  Lake  Water  Company,"  which  was 
read  a  first  and  second  time  and  referred  to  the  Committee  on 
Incorporations. 

On  motion  of  Senator  Moses,  the  Senate  adjourned. 
AFTERNOON. 

(The  president  in  the  chair.) 
(Senator  Willson  in  the  chair.) 
On  motion  of  Senator  Eastman,  the  rules  were  so  far  suspended 


170  Chapter  118  [1941 

Provided  that  in  case  improvements  have  been  made  on  said 
property  between  April  1,  1940,  and  the  date  when  acquired 
for  aeronautical  facilities,  the  payments  to  the  city  or  town 
in  which  such  property  or  rights  are  located  shall  be  based 
upon  the  assessed  value  as  of  April  first  following  such  im- 
provements. 

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

[Approved  May  20,  1941.] 


CHAPTER  118. 


AN  ACT  RELATING  TO  THE  PREDETERMINATION  BY  THE  COMMIS- 
SIONER OF  LABOR  OF  THE  MINIMUM  WAGES  OF  EMPLOYEES 
IN  PUBLIC  WORKS. 

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

1.  Regulation  by  the  Commissioner  of  Labor.  The  rate 
per  hour  of  the  wages  paid  to  mechanics,  teamsters, 
chauffeurs,  and  laborers  employed  in  the  construction  of 
public  works  by  the  state  of  New  Hampshire,  or  by  a  county 
or  town,  or  by  persons  contracting  or  sub-contracting  for  such 
work  shall  not  be  less  than  the  rate  or  rates  of  wages  to  be 
determined  by  the  commissioner  of  labor  as  hereinafter  pro- 
vided; provided,  that  the  wages  paid  to  mechanics,  teamsters, 
chauffeurs,  and  laborers  employed  on  said  works  shall  not  be 
less  than  the  wages  paid  to  said  employees  in  the  municipal 
service  of  the  town  or  towns  where  said  works  are  being  con- 
structed; provided,  further,  that  where  the  same  public  work 
is  to  be  constructed  in  two  or  more  towns,  the  wages  paid  to 
said  employees  shall  not  be  less  than  the  wages  paid  to  said 
employees  in  the  municipal  service  of  the  town  paying  the 
highest  rate;  provided,  further,  that  if,  in  any  of  the  towns 
where  the  works  are  to  be  constructed,  a  wage  rate  or  wage 
rates  have  been  established  in  certain  trades  and  occupations 
by  collective  agreements  or  understandings  between  organized 
labor  and  employers,  the  rate  or  rates  to  be  paid  on  said  works 
shall  not  be  less  than  the  rates  so  established;  provided, 
further,  that  in  towns  where  no  such  rate  or  rates  have  been 
so  established,  the  wages  paid  to  said  employees  on  public 


1941]  Chapter  118  171 

works,  shall  not  be  less  than  the  wages  paid  in  said  towns  to 
the  employees  in  the  same  trades  and  occupations  by  private 
employers  engaged  in  the  construction  industry.  This  section 
shall  also  apply  to  regular  employees  of  the  state,  or  of  the 
county  or  town  when  such  employees  are  employed  in  the  con- 
struction, addition  to,  or  alteration  of  said  works  for  which 
special  appropriations  are  provided. 

2.  Determination  of  Wages,  Enforcement,  and  Penalties. 
The  commissioner  shall  prepare,  for  the  use  of  such  public 
officials  or  public  bodies  whose  duty  it  shall  be  to  cause  public 
works  to  be  constructed,  a  list  of  the  several  jobs  usually  per- 
formed on  various  types  of  public  works  upon  which 
mechanics,  teamsters,  chauffeurs,  and  laborers  are  employed. 
The  commissioner  shall  classify  said  jobs,  and  he  may  revise 
such  classification  from  time  to  time,  as  he  may  deem  ad- 
visable. Prior  to  awarding  a  contract  for  the  construction  of 
public  works,  said  public  official  or  public  body  shall  submit 
to  the  commissioner  a  list  of  the  jobs  upon  which  mechanics, 
teamsters,  chauffeurs,  and  laborers  are  to  be  employed,  and 
shall  request  the  commissioner  to  determine  the  rate  of  wages 
to  be  paid  on  each  job.  The  commissioner,  subject  to  the 
provisions  of  the  preceding  section,  shall  proceed  forthwith  to 
determine  the  same,  and  shall  furnish  said  official  or  public 
body  with  a  schedule  of  such  rate  or  rates  of  wages  as  soon 
as  said  determination  shall  have  been  made.  In  advertising 
or  calling  for  bids  for  said  works,  the  awarding  official  or 
public  body  shall  incorporate  said  schedule  in  the  advertise- 
ment or  call  for  bids  by  an  appropriate  reference  thereto,  and 
shall  furnish  a  copy  of  said  schedule,  without  cost,  to  any  per- 
son requesting  the  same.  Said  schedule  shall  be  made  a  part 
of  the  contract  for  said  works  and  shall  continue  to  be  the 
minimum  rate  or  rates  of  wages  for  said  employees  during 
the  life  of  the  contract.  Any  person  engaged  in  the  con- 
struction of  said  works  shall  cause  a  legible  copy  of  said 
schedule  to  be  kept  posted  in  a  conspicuous  place  at  the  site 
of  said  works  during  the  life  of  the  contract.  Whoever  shall 
pay  less  than  said  rate  or  rates  of  wages  to  an  employee 
on  said  works  shall  forfeit  to  the  commissioner  a  sum  equal 
to  twice  the  difference  between  said  rate  or  rates  and  the  wages 
actually  paid  to  said  employee,  said  sum  to  be  recovered  by  the 
commissioner  in  an  action  of  contract  for  the  benefit  of  the 


172  Chapter  118  [1941 

employee;  and  whoever,  for  himself,  or  as  representative, 
agent  or  officer  of  another,  shall  withhold,  take,  or  receive  for 
his  own  use  or  the  use  of  any  other  person,  as  a  rebate,  refund, 
or  gratuity,  or  in  any  other  guise,  any  part  or  portion  of  the 
wages  paid  to  any  employee  for  work  done  or  service  rendered 
on  said  public  works,  shall  be  punished  for  each  offense  by  a 
fine  of  not  less  than  one  hundred  nor  more  than  three  hun- 
dred dollars,  or  by  imprisonment  for  not  more  than  six 
months,  or  both. 

3.  Appeal.  Within  three  days  from  the  date  of  the  first 
advertisement  or  call  for  bids,  two  or  more  employers  of  labor, 
or  two  or  more  members  of  a  labor  organization,  or  the 
awarding  officer  or  official,  or  five  or  more  residents  of  any 
town  in  which  the  public  works  are  to  be  constructed,  may 
appeal  to  the  board  of  appeal,  which  shall  be  composed  of 
the  commissioner  of  labor,  the  highway  commissioner,  and 
the  employment  director,  from  a  wage  determination,  or  a 
classification  of  employment  as  made  by  the  commissioner,  by 
serving  on  the  commissioner  a  written  notice  to  that  effect. 
Thereupon  the  commissioner  shall  immediately  cause  the 
board  of  appeal  to  hold  a  public  hearing  on  the  commission- 
er's action  appealed  from.  The  board  of  appeal  shall  render 
its  decision  not  later  than  three  days  after  the  closing  of  the 
hearing.  The  decision  of  a  majority  of  the  board  of  appeal 
shall  be  final  and  notice  thereof  shall  be  given  forthwith  to 
the  appellants  and  the  awarding  official  or  public  body. 

4.  Records.  Every  contractor,  sub-contractor  or  public 
body  engaged  in  said  public  works  to  which  the  two  preceding 
sections  apply,  shall  keep  true  and  accurate  registers  of  all 
mechanics,  teamsters,  chauffeurs,  and  laborers  employed 
thereon,  showing  the  name,  address,  and  occupation  classi- 
fication of  each  employee  on  said  works,  and  the  hours  worked 
by,  and  the  wages  paid  to,  each  such  employee,  and  shall 
furnish  to  the  commissioner  upon  his  request  a  true  state- 
ment of  the  same.  Such  records  shall  be  kept  in  such  manner 
as  the  commissioner  shall  prescribe,  and  shall  be  open  to  in- 
spection by  any  authorized  representative  of  the  department 
of  labor  at  any  reasonable  time  and  as  often  as  may  be 
necessary. 

5.  Penalties.  Whoever,  either  by  himself  or  an  agent, 
superintendent,  or  foreman  for  another,  violates  any  provision 


1941]  Chapter  119  173 

of  the  four  preceding  sections,  where  no  other  penalty  has 
been  provided  for,  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  nor  more  than  three  hundred  dollars  for  each 
offense,  or  by  imprisonment  for  not  more  than  three  months, 
or  both.  Whoever  shall  have  been  convicted  of  a  second  viola- 
tion of  any  of  said  provisions  shall  be  prohibited  from  con- 
tracting, directly  or  indirectly,  with  the  state,  or  any  county, 
or  town  for  the  construction  of  any  public  works,  or  from 
performing  any  work  on  the  same  as  contractor  or  sub- 
contractor for  a  period  of  two  years  from  the  date  of  said 
conviction. 

6.  Definitions.  Wherever  used  in  sections  one  to  five,  in- 
clusive, the  words  ''construction"  and  "constructed",  as 
applied  to  public  works,  shall  include  additions  to  and  altera- 
tions of  public  works. 

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

[Approved  May  20,  1941.] 


CHAPTER  119. 

AN  A€T  RELATIVE  TO  WORKMEN'S  COMPENSATION. 

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

1.  Determination  of  Questions  by  the  Court.  Amend  sec- 
tion 29  of  chapter  178  of  the  Public  Laws  (section  33,  chapter 
209,  commissioners'  report)  by  inserting  after  the  word 
"chapter"  in  the  second  line  the  words,  or  any  injured  work- 
man coming  under  the  compensation  features  of  this  chapter, 
so  that  said  section  as  amended  shall  read  as  follows:  29. 
Petition.  Any  employer  who  has  declared  his  intention  to  act 
under  the  compensation  features  of  this  chapter,  or  any  in- 
jured workman  coming  under  the  compensation  features  of 
this  chapter,  shall  have  the  right  to  apply  by  similar  proceed- 
ings to  the  superior  court,  or  to  any  justice  thereof,  for  a 
determination  of  the  amount  of  the  weekly  payments,  or  of  a 
lump  sum  in  lieu  of  such  weekly  payments,  to  be  paid  the  in- 
jured workman. 

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

[Approved  May  20,  1941.] 


174  Chapter  120  [1941 

CHAPTER  120. 

AN  ACT  TO  CREATE  DISTRICT  FOREST  ADVISORY  BOARDS. 

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

1.  Declaration  of  Policy.  It  is  hereby  recognized  and  de- 
clared that  the  public  welfare  of  this  state  requires  the  main- 
tenance, protection,  and  rehabilitation  of  forest  lands,  soils 
and  cover,  for  the  purpose  of  conserving  the  ground  waters, 
springs,  streams  and  public  water  supplies,  maintaining  forest 
industries  in  rural  communities  and  providing  thereby  addi- 
tional employment  and  revenue  to  farmers  and  other  workers, 
promoting  healthful  surroundings,  recreational  opportunities 
and  scenic  values,  improving  conditions  for  wild  life,  and  pro- 
viding all  other  benefits  accruing  to  the  public  as  the  result 
of  perpetuating  a  proper  forest  cover  on  forest  land.  It  is 
further  recognized  and  declared  that  accurate  and  detailed  in- 
formation concerning  the  state's  timber  resources  and  uses 
is  essential  to  planning  for  the  wise  use  and  perpetuation  of 
those  resources  and  that  the  welfare  of  the  state  will  be 
served  by  making  such  information  as  complete  as  possible. 

2.  Definition.  "Forest  land"  as  used  in  this  act  shall  in- 
clude all  lands  in  this  state,  except  those  owned  by  the  United 
States  of  America,  which  by  reason  of  their  location  and 
character  of  soil  have  their  principal  use  as  wood  or  timber 
producing  areas,  and  other  lands  the  continuance  of  which 
under  forest  cover  is  of  substantial  importance  to  the  public 
interest. 

3.  Forest  Districts.  The  state  forester  shall  designate 
within  the  state  districts  convenient  for  the  purpose  of  ad- 
ministering forest  laws,  which  shall  be  known  as  forest  dis- 
tricts. 

4.  District  Forest  Advisory  Boards.  The  forestry  and 
recreation  commission  shall  appoint  district  forest  advisory 
boards  in  each  forest  district,  of  such  number,  not  less  than 
three,  as  it  may  determine,  composed  of  citizens  who  reside 
in  such  districts  and  who  are  interested  in  forest  conservation. 
The  duties  of  said  advisory  boards  shall  be  to  collect  data, 
study  the  forest  conditions  in  their  respective  districts,  and 
formulate  proposals  for  legislative  action  when,  as,  and  if,  in 
their  judgment,  such  action  is  advisable  to  conserve  the  public 


1941]  Chapter  121  175 

interest  in  forest  land.  Such  boards  shall  meet  from  time  to 
time  as  recommended  by  the  state  forester  and  shall  advise 
and  assist  him  in  the  duties  of  his  office.  Each  board  shall 
organize  by  choosing  annually  one  of  its  number  as  chair- 
man; and  the  district  forester  or  fire  chief  in  each  district 
shall  act  as  secretary  and  keep  true  records  of  their  proceed- 
ings. In  appointing  such  boards,  said  commission  shall  fix 
the  term  of  office  of  each  member  thereof  so  that  the  term  of 
office  of  one  or  more  thereof  shall  expire  annually.  Vacancies 
in  said  boards  shall  be  filled  by  said  commission.  The  mem- 
bers shall  receive  no  compensation  for  their  services. 

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

[Approved  May  20,  1941.] 


CHAPTER  121. 


AN  ACT  AUTHORIZING  A  STATE  BOND  ISSUE  TO  REIMBURSE  THE 
STATE  TREASURY  FOR  CERTAIN  RELIEF  EXPENDITURES. 

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

1.  Bond  Issue  Authorized.  The  state  treasurer  is  hereby 
authorized,  under  the  direction  of  the  governor  and  council, 
to  borrow  upon  the  credit  of  the  state  an  amount  not  exceed- 
ing five  hundred  thousand  dollars,  to  reimburse  the  state 
treasury  for  sums  heretofore  appropriated  by  chapter  20  of 
the  Laws  of  1935  and  expended,  but  not  heretofore  raised  by 
loan  or  otherwise,  for  grants  and  reimbursements  to  counties, 
cities  and  towns  on  account  of  moneys  expended  by  them  for 
direct  relief,  and  for  that  purpose  to  issue  and  sell  bonds  in 
such  form  and  with  such  provisions  as  the  governor  and 
council  shall  determine. 

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

[Approved  May  20,  1941.] 


176  Chapter  122  [1941 

CHAPTER  122. 

AN  ACT  RELATING  TO  THE  ISSUE  OF  NON-ASSESSABLE   POLICIES 
BY    MUTUAL   FIRE   AND   CASUALTY   INSURANCE    COMPANIES. 

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

1.  Non-assessable  Policies,  Domestic  Companies.  Amend 
section  2  of  chapter  273  of  the  Public  Laws,  as  amended  by 
section  1  of  chapter  104,  Laws  of  1929,  (section  2,  chapter  314, 
commissioners'  report)  by  adding  at  the  end  of  said  section 
the  following:  Any  such  mutual  fire  insurance  company, 
from  and  after  the  effective  date  of  this  act,  and  any  such 
mutual  casualty  insurance  company,  from  and  after  Janu- 
ary 1,  1943,  may  issue  non-assessable  policies  in  this  state  up- 
on compliance  with  the  following  requirements:  (a)  It 
shall  have  and  at  all  times  maintain  a  surplus  to  policyholders 
as  determined  from  its  latest  annual  statement  on  file  which, 
together  with  ten  per  cent  of  its  unearned  premium  reserve 
is  at  least  equal  to  the  minimum  capital  required  for  the 
organization  of  a  domestic  stock  insurance  company  to  do  the 
same  kind  or  kinds  of  insurance,  (b)  Mutual  companies 
formed  to  do  business  under  paragraphs  I  and  II  of  section  1, 
chapter  272  of  Public  Laws,  shall  maintain  a  deposit  with  the 
insurance  commissioner  of  one  hundred  and  fifty  thousand 
dollars  and  mutual  companies  formed  to  do  business  under 
paragraphs  IV,  V,  VI,  or  VII  of  said  section  shall  maintain  a 
deposit  with  the  insurance  commissioner  of  two  hundred  and 
fifty  thousand  dollars  in  cash  or  in  securities  which  are  legal 
investments  for  savings  banks  and  in  such  other  investments 
as  may  be  approved  by  the  insurance  commissioner,  (c)  A 
mutual  fire  or  casualty  insurance  company  shall  issue  non- 
assessable policies  only  so  long  as  it  maintains  these  financial 
requirements  and  if  it  fails  to  maintain  these  requirements 
it  shall  not  thereafter  issue  non-assessable  pohcies  in  this 
state  for  one  year  from  the  time  when  its  surplus,  unearned 
premium  reserve  and  deposit  again  meet  the  financial  require- 
ments of  this  section,  (d)  Every  policy  issued  by  any  such 
company  shall  clearly  state  whether  or  not  the  holder  of  such 
policy  is  subject  to  liability  for  assessment.  Any  policy 
issued  by  any  such  company  which  subjects  the  policyholder 
to  liability  for  assessment  shall  contain  a  clear  statement  of 


1941]  Chapter  122  177 

the  liability  of  the  policyholder  for  the  payment  of  his  pro- 
portionate share  of  any  deficiency  or  impairment  as  provided 
by  law  within  the  limit  established  by  the  policy,  and  shall 
further  state  that  any  assessment  shall  be  for  the  exclusive 
benefit  of  holders  of  policies  which  provide  for  such  contingent 
liability;  and  the  holders  of  such  policies  shall  not  be  liable  to 
assessment  in  an  amount  greater  in  proportion  to  the  total 
deficiency  than  the  ratio  that  the  deficiency  attributable  to 
the  assessable  business  bears  to  the  total  deficiency,  so  that 
said  section  as  amended  shall  read  as  follows :  2.  Contingent 
Liability.  Any  mutual  fire  or  casualty  insurance  company 
organized  under  the  laws  of  this  state,  which  charges  a  full 
cash  premium,  may  limit  the  liability  of  policyholders  to 
assessment  by  a  stipulation  in  the  policy,  which  shall  have  the 
same  effect  as  a  deposit  note  signed  by  the  insured;  but  such 
contingent  liability  of  a  member  shall  not  be  less  than  an 
amount  equal  to  and  in  addition  to  the  cash  premium  written 
in  his  policy.  Any  such  mutual  fire  insurance  company,  from 
and  after  the  effective  date  of  this  act,  and  any  such  mutual 
casualty  insurance  company,  from  and  after  January  1,  1943, 
may  issue  non-assessable  policies  in  this  state  upon  compliance 
with  the  following  requirements:  (a)  It  shall  have  and  at 
all  times  maintain  a  surplus  to  policyholders  as  determined 
from  its  latest  annual  statement  on  file,  which  together  with 
ten  per  cent  of  its  unearned  premium  reserve  is  at  least  equal 
to  the  minimum  capital  required  for  the  organization  of  a 
domestic  stock  insurance  company  to  do  the  same  kind  or 
kinds  of  insurance,  (b)  Mutual  companies  formed  to  do 
business  under  paragraphs  I  and  II  of  section  1,  chapter  272 
of  Public  Laws,  shall  maintain  a  deposit  with  the  insurance 
commissioner  of  one  hundred  and  fifty  thousand  dollars  and 
mutual  companies  formed  to  do  business  under  paragraphs  IV, 
V,  VI,  or  VII  of  said  section  shall  maintain  a  deposit  with  the 
insurance  commissioner  of  two  hundred  and  fifty  thousand 
dollars  in  cash  or  in  securities  which  are  legal  investments 
for  savings  banks  and  in  such  other  investments  as  may  be 
approved  by  the  insurance  commissioner,  (c)  A  mutual  fire 
or  casualty  insurance  company  shall  issue  non-assessable 
policies  only  so  long  as  it  maintains  these  financial  require- 
ments and  if  it  fails  to  maintain  these  requirements  it  shall 
not  thereafter  issue  non-assessable  policies  in  this  state  for 


178  Chapter  122  [1941 

one  year  from  the  time  when  its  surplus,  unearned  premium 
reserve  and  deposit  again  meet  the  financial  requirements  of 
this  section,  (d)  Every  policy  issued  by  any  such  company 
shall  clearly  state  whether  or  not  the  holder  of  such  policy  is 
subject  to  liability  for  assessment.  Any  policy  issued  by  any 
such  company  which  subjects  the  policyholder  to  liability  for 
assessment  shall  contain  a  clear  statement  of  the  liability  of 
the  policyholder  for  the  payment  of  his  proportionate  share 
of  any  deficiency  or  impairment  as  provided  by  law  within 
the  limit  established  by  the  policy,  and  shall  further  state 
that  any  assessment  shall  be  for  the  exclusive  benefit  of  hold- 
ers of  policies  which  provide  for  such  contingent  liability ;  and 
the  holders  of  such  policies  shall  not  be  liable  to  assessment 
in  an  amount  greater  in  proportion  to  the  total  deficiency 
than  the  ratio  that  the  deficiency  attributable  to  the  assessable 
business  bears  to  the  total  deficiency. 

2.  Non-assessable  Policies;  Foreign  Companies.  Amend 
chapter  275,  Public  Laws  (chapter  316,  commissioners'  re- 
port) by  adding  after  section  5  the  following  new  section: 
5-a.  Non-assessable  Policies.  Any  mutual  fire  or  casualty 
insurance  company  now  or  hereafter  admitted  to  transact 
business  in  this  state  may  issue  non-assessable  policies  in 
compliance  with  the  requirements  of  section  2  of  chapter  273, 
except  that  the  deposit  required  by  said  section  may  be  made 
in  the  home  state  of  such  admitted  company  in  cash  or 
securities  legal  for  investments  by  such  companies  in  such 
home  state.  Any  deposit  required  for  the  purposes  specified 
in  this  section  shall  be  inclusive  of  any  deposit  required  by 
any  other  state,  provided  that  such  deposit  is  for  the  benefit 
of  all  policyholders  in  the  United  States. 

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

[Approved  May  20,  1941.] 


1941]  Chapter  123  179 

CHAPTER  123. 

AN    ACT    RELATING    TO    THE    CARE    AND    CUSTODY    OF    FEMALE 

CONVICTS. 

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

1.  Care  and  Custody  of  Female  Convicts.  Amend  chapter 
400  of  the  Public  Laws  (chapter  453,  commissioners'  report) 
by  adding  at  the  end  thereof  the  following  new  subdivision : 

Care  and  Custody  of  Female  Convicts 

33.  Contracts  Authorized.  The  trustees  of  the  state 
prison  are  authorized  to  contract  with  the  authorities  of 
other  states  having  penal  institutions  in  which  female  con- 
victs are  kept  separate  or  apart  from  male  convicts,  for  the 
care,  custody,  maintenance  and  confinement  in  such  institu- 
tions of  females  convicted  under  the  laws  of  this  state  of 
offenses  punishable  by  imprisonment  in  the  state  prison.  Such 
contracts  shall  be  approved  by  the  governor  and  council. 

34.  Transfer  of  Prisoners.  After  making  a  contract 
authorized  by  the  preceding  section  any  female  sentenced  to 
imprisonment  in  the  state  prison,  including  those  who  may  at 
the  date  of  such  contract  be  confined  therein  may,  upon 
direction  of  said  trustees,  be  conveyed  to  the  institution 
named  in  such  contract  by  the  warden  of  the  state  prison  or 
his  assistant,  there  to  be  confined  until  her  sentence  shall  have 
expired  or  she  shall  have  been  discharged  by  law,  or  until  she 
shall  have  been  returned  to  the  state  prison  or  delivered  to 
some  other  penal  institution  under  a  contract  authorized  by 
this  act. 

35.  Good  Behavior.  The  law  of  this  state  with  respect 
to  diminution  of  the  length  of  a  sentence  for  good  behavior 
or  other  cause  shall  apply  to  all  sentences  served  in  whole  or 
in  part  in  such  out-of-state  institutions. 

36.  Return  or  Transfer  of  Convicts.  Upon  the  termina- 
tion of  any  contract  entered  into  in  accordance  with  the  pro- 
visions of  this  act,  or  when  the  terms  of  any  such  contract 
shall  so  provide,  convicts  confined  in  such  out-of-state  insti- 
tutions shall  be  returned  by  the  warden  or  his  assistant  to  the 
state  prison  or  shall  be  delivered  to  such  other  penal  institu- 
tion as  the  trustees  shall  have  contracted  with  under  the  pro- 


180  Chapter  124  [1941 

visions  of  this  act.  The  trustees  shall  provide  for  the  return 
to  this  state  of  all  such  convicts,  as  shall  desire  to  return  upon 
the  expiration  of  their  sentences  or  other  discharge  by  law. 

37.  Cost.  The  cost  of  maintenance  of  such  convicts  and 
the  expenses  incident  to  their  transfer  shall  be  payable  out 
of  the  funds  provided  for  the  maintenance  of  the  state  prison. 

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

[Approved  May  22,  1941.] 


CHAPTER  124. 


AN    ACT    RELATIVE    TO    THE    ADMITTANCE    OF    FEEBLE-MINDED 

PERSONS  TO  LACONIA  STATE  SCHOOL. 

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

1.*  Dormitory  at  Laconia  State  School.  Amend  section  1 
of  chapter  221  of  the  Laws  of  1939  by  striking  out  the  word 
"adults"  where  it  occurs  in  the  twenty-first  line  and  inserting 
in  place  thereof  the  words,  persons  within  the  age  limits  pro- 
vided by  section  1  of  chapter  112  of  the  Public  Laws,  and  by 
striking  out  the  word  "adults"  in  the  twenty-fourth  line 
thereof  and  inserting  in  place  thereof  the  words,  persons 
within  said  age  limits,  so  that  said  section  as  amended  shall 
read  as  follows:  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  governor  and  council  may  approve :  (a) 
to  cover  the  cost  to  change  the  electric  system  from  D.  C.  to 
A.  C.  current,  including  wiring,  motors  and  equipment;  (b) 
power  plant  equipment ;  (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 


*  See  also  chapter  181,  post. 


1941]  Chapter  124  181 

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  council;  said  dormitory  upon  completion 
shall  be  under  the  jurisdiction  and  control  of  the  trustees  of 
said  school;  feeble-minded  persons  within  the  age  limits  pro- 
vided by  section  1  of  chapter  112  of  the  Public  Laws  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  persons  within 
said  age  limits  may,  with  the  approval  of  the  trustees  and 
superintendent  of  said  school,  be  committed  thereto,  as  now 
b}"^  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  depart- 
ment. The  appropriation  hereby  made  shall  be  expended  by 
the  trustees  of  the  state  hospital  except  the  dormitory  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.  Laconia  State  School.  Amend  chapter  112  of  the  Public 
Laws  (chapter  129,  commissioners'  report)  by  inserting  after 
section  8  the  following  new  section:  8-a.  Commitment  and 
Transfer.  Feeble-minded  persons  within  the  age  limits  pro- 
vided by  section  1  may,  with  the  approval  of  the  trustees  and 
superintendent  of  said  school,  be  transferred  from  the  state 
hospital  by  its  superintendent  to  the  dormitory  erected  at  said 
school  under  the  provisions  of  chapter  221  of  the  Laws  of 
1939,  and  other  feeble-minded  persons  within  said  age  limits 
may,  with  the  approval  of  the  trustees  and  superintendent  of 
said  school,  be  committed  thereto,  as  by  law  permitted. 

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

[Approved  May  22,  1941.] 


182  Chapter  125  [1941 

CHAPTER  125. 

AN  ACT  MAKING  PROVISION  FOR  THE  STATE  TO  COOPERATE 

AND    PARTICIPATE    IN    THE    ADMINISTRATION    OF    THE 

SO-CALLED  STAMP  PLAN  AND  SCHOOL  LUNCH 

PROGRAM  OF  THE  FEDERAL  GOVERNMENT. 

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

1.  Powers  and  Duties  of  the  PubKc  Welfare   Department. 

Amend  section  6  of  chapter  202  of  the  Laws  of  1937  (sec- 
tion 6,  chapter  126,  commissioners'  report)  by  adding  after 
paragraph  XII  the  following:  XIII.  May  cooperate  and 
participate  in  the  administration  of  the  stamp  plan  and  school 
lunch  program  of  the  United  States  department  of  agriculture, 
or  any  agency  thereof  and,  when  in  its  judgment  it  appears  to 
be  for  the  best  interest  of  the  welfare  of  the  people  of  the 
state,  may  enter  into  and  execute  all  necessary  agreements 
with  the  United  States  department  of  agriculture  or  any  other 
agency  of  the  federal  government,  in  connection  with  its  co- 
operation and  participation  in  the  administration  of  said 
stamp  plan  and  school  lunch  program.  The  provisions  of  this 
paragraph  shall,  however,  not  be  construed  as  affecting  the 
present  administration  of  direct  relief  by  towns  and  counties. 
XIV.  May,  in  carrying  out  the  purposes  set  forth  in  the  pre- 
ceding paragraph,  enter  into  agreements  with  the  town  or 
counties  whereby  eligible  cases  may  participate  in  the  stamp 
plan. 

2.  Funds  Provided.  Amend  said  chapter  202  (said 
chapter  126)  by  inserting  after  section  37  the  following  new 
section:  37-a.  Appropriation.  For  the  purpose  of  pro- 
viding funds  for  the  administration  of  the  stamp  plan  and 
school  lunch  program  in  cooperation  with  the  federal  govern- 
ment there  is  hereby  appropriated  the  sum  of  not  exceeding 
one  hundred  thousand  dollars  to  be  used  to  set  up  a  revolving 
fund,  under  the  direction  of  the  governor  and  council.  The 
state  treasurer,  with  the  consent  of  the  governor  and  council, 
may  from  time  to  time  borrow  upon  the  credit  of  the  state 
money  on  short-term  loans  for  the  purpose  of  providing  funds 
for  said  revolving  fund,  provided,  however,  that  at  no  one 
time  shall  the  indebtedness  of  the  state  on  such  short-term 
loans  exceed  the  sum  of  one  hundred  thousand  dollars. 


1941]  Chapter  126  183 

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

[Approved  May  22,  1941.] 


CHAPTER  126. 


AN  ACT  RELATIVE  TO  THE  FISH  AND  GAME  DEPARTMENT  AND 
ACTIVITIES   THEREOF. 

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

1.  Powers  of  Conservation  Officers.  Amend  paragraph  VI 
of  section  18,  chapter  196,  PubHc  Laws,  (paragraph  VI,  sec- 
tion 18,  chapter  231,  commissioners'  report)  as  inserted  by- 
section  1,  chapter  123,  Laws  of  1935,  by  striking  out  the 
whole  of  said  paragraph  and  inserting  in  place  thereof  the 
following:  VI.  To  search  without  a  warrant  and  examine 
in  the  field,  in  the  highway  or  on  the  stream,  any  person,  or 
any  boat,  conveyance,  vehicle,  game  bag,  game  coat,  creel, 
crate,  box,  locker,  or  other  receptacle,  in  the  presence  of  the 
owner  if  reasonably  possible,  or  any  so-called  fish  house  or 
bob  house,  in  the  presence  of  the  occupant,  for  fish,  game,  or 
fur-bearing  animals,  when  he  has  reasonable  cause  to  believe 
that  any  fish,  game,  or  fur-bearing  animals  subject  to  for- 
feiture, are  concealed  thereon  or  therein. 

2.  Taking  Fish;  Number  of  Lines.  Amend  the  definition 
of  angling  in  section  1  of  chapter  197,  Public  Laws,  as  inserted 
by  section  1,  chapter  124,  Laws  of  1935,  (part  of  section  1, 
chapter  232,  commissioners'  report)  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  Anghng:  The 
taking  of  fish  by  line  in  hand,  or  rod  in  hand  to  which  is 
attached  a  cast  of  artificial  flies,  or  an  artificial  bait,  or  one 
hook  for  bait.  A  person  may  have  in  use  not  more  than  one 
such  line  at  one  time  except  while  fishing  from  a  boat,  canoe 
or  other  craft  or  through  the  ice,  when  two  lines  maybe  used. 
Nothing  in  this  title  shall  prohibit  the  use  of  a  rod-holder  in 
a  boat. 

3.  Definition  of  Fish.  Amend  the  definition  of  fish  in 
section  1  of  said  chapter  197  by  adding  after  the  word  "shad" 
in  the  seventh  line  the  words  cusk;  minnow,  so  that  said 
definition  as  amended  shall  read  as  follows:     Fish:     Charr, 


184  Chapter  126  [1941 

commonly  called  brook  trout;  all  species  of  trout,  including 
lake  trout,  and  the  salmon  family;  muscallonge;  pickerel,  in- 
cluding the  great  northern  pike,  pond  pickerel,  grass  pickerel, 
chain  pickerel  or  banded  pickerel;  pike  perch,  including  wall- 
eyed pike  or  yellow  pike ;  white  perch ;  yellow  perch ;  black  bass, 
including  Oswego  or  large-mouthed  bass,  and  small-mouthed 
bass;  horned  pout;  shad;  cusk;  minnow;  and  smelt. 

4.  Set  Line  Defined.  Amend  said  section  1  of  said  chapter 
197  by  adding  after  the  definition  of  angling  the  following 
new  definition:     Set  Line:     A  set  line  is  an  unattended  line. 

5.  Repeal.  The  paragraph  in  said  section  1  of  said 
chapter  197  relative  to  definition  of  vermin  is  hereby  re- 
pealed. 

6.  Spruce  Grouse.  Amend  the  definition  of  game  birds  in 
section  1  of  said  chapter  197,  by  adding  after  the  word 
"partridge"  in  the  first  line  the  words,  spruce  grouse 
commonly  called  spruce  partridge,  so  that  said  definition  shall 
read  as  follows:  Game  Birds:  Ruffed  grouse  or  partridge, 
spruce  grouse  commonly  called  spruce  partridge,  woodcock, 
snipe,  pheasant,  quail,  European  partridge,  chukar  partridge, 
plover  of  all  kinds,  all  shore  birds,  rail,  coot,  gallinule,  ducks, 
brant  and  geese. 

7.  Wild  Animals  Defined.  Amend  said  section  1  of  said 
chapter  197  by  adding  after  the  definition  of  Wild  Birds  the 
following  definition :  Wild  Animals :  All  animals  other  than 
domestic  animals. 

8.  Open  Season.  Amend  chapter  201  of  the  Public  Laws, 
as  inserted  by  chapter  169,  Laws  of  1939  (chapter  236,  com- 
missioners' report)  by  adding  after  section  31  the  following 
new  section:  31-a.  Cusk.  Cusk  of  any  size  and  in  any 
quantity  may  be  taken  and  possessed  at  any  time,  where  fish- 
ing is  permitted. 

9.  Wild  Deer.  Amend  section  2,  chapter  198,  Public 
Laws,  as  inserted  by  section  2,  chapter  124,  Laws  of  1935, 
and  as  amended  by  section  1,  chapter  136,  Laws  of  1937  and 
chapter  95,  Laws  of  1939,  (section  2,  chapter  233,  commis- 
sioners' report)  by  striking  out  the  words  "after  six  a.  m. 
and  before  five  p.  m."  and  inserting  in  place  thereof  the  words, 
from  one-half  hour  before  sunrise  to  one-half  hour  after  sun- 
set, so  that  said  section  as  amended  shall  read  as  follows :  2. 
Taking,  Time.    Wild  deer,  outside  game  preserves,  may  be 


1941]  Chapter  126  185 

hunted  and  taken  from  one-half  hour  before  sunrise  to  one- 
half  hour  after  sunset  in  the  counties  of  Carroll  and  Grafton 
from  November  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,  Jefferson,  Ran- 
dolph, Gorham  and  Shelburne  from  October  fifteenth  to  De- 
cember first,  in  the  remainder  of  Coos  county  from  November 
first  to  December  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. 

10.  Hunting  Deer.  Amend  section  12  of  chapter  198, 
Public  Laws,  as  inserted  by  section  2,  chapter  124,  Laws  of 
1935  (section  13,  chapter  233,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  12.  By  Nonresidents.  Each  hunting  license  shall 
be  provided  with  a  coupon  which  shall  be  divided  into  two 
sections,  1  and  2.  The  holder  of  a  nonresident  license  shall, 
upon  killing  his  deer,  fill  out  and  attach  to  the  carcass,  by 
means  of  a  string  or  wire,  section  2  of  the  coupon,  by  insert- 
ing said  string  or  wire  through  the  part  marked  X  on  said 
coupon.  Within  ten  days  after  the  killing,  he  shall  fill  out 
and  mail  to  the  office  of  the  director  section  1  of  the  coupon. 
Section  2  shall  remain  attached  to  the  deer,  or  carcass  thereof, 
as  long  as  said  deer  or  carcass  shall  remain  in  the  state,  and 
the  owner  shall  be  entitled  to  transport  the  same  or  have  it 
transported  as  provided  in  section  9  hereof. 

11.  Prohibition.  Amend  said  chapter  198  by  adding  after 
section  12  the  following  new  section:  12-a.  Detaching 
Coupons.  No  person  shall  detach  any  coupon  from  his  hunt- 
ing and  fishing  license  until  he  has  killed  a  deer.  A  person 
possessing  a  detached  coupon  with  any  perforation  therein, 
during  the  open  season  on  deer  shall  deliver  the  same  to  any 
conservation  officer  on  request. 

12.  Extending  the  Season.  Amend  section  2,  chapter  199, 
Public  Laws,  as  inserted  by  chapter  124,  Laws  of  1935  (sec- 
tion 2,  chapter  234,  commissioners'  report)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  2. 
Pheasants.  Male  pheasants  may  be  taken  and  possessed  ex- 
cept in  the  county  of  Coos  from  November  first  to  November 


186  Chapter  126  [1941 

sixteenth.     No  person  shall  take  more  than  one  male  pheasant 
in  one  day  nor  more  than  four  male  pheasants  in  one  season. 

13.  Carroll  County.  Amend  section  1,  chapter  200,  Public 
Laws,  as  inserted  by  section  4,  chapter  124,  Laws  of  1935, 
and  as  amended  by  section  1,  chapter  52,  Laws  of  1937  (sec- 
tion 1,  chapter  235,  commissioners'  report)  by  adding  after 
the  word  "Coos"  the  word,  Carroll,  so  that  said  section  as 
amended  shall  read  as  follows:  1.  Otter,  Mink,  etc.  Otter, 
mink,  skunk,  or  muskrat  may  be  taken  and  possessed  from 
October  twentieth  to  February  first  in  the  counties  of  Coos, 
Carroll  and  Grafton,  and  from  November  first  to  February 
first  in  all  other  counties. 

14.  Trapping.  Amend  section  7  of  chapter  200,  Public 
Laws,  as  inserted  by  section  4,  chapter  124,  Laws  of  1935,  and 
as  amended  by  section  15,  chapter  188,  Laws  of  1937  (section 
13,  chapter  235,  commissioners'  report)  by  striking  out  the 
word  "before"  where  it  occurs  the  second  time  in  said  section 
and  inserting  in  place  thereof  the  word,  after,  so  that  said 
section  as  amended  shall  read  as  follows:  7.  Visiting.  A 
person  shall  visit  his  traps  at  least  once  in  each  calendar  day 
but  such  visiting  hours  shall  be  between  one-half  hour  before 
sunrise  and  one-half  hour  after  sunset  only. 

15.  Methods  of  Taking  Fish.  Amend  section  34,  chapter 
201,  Public  Laws,  as  inserted  by  chapter  169,  Laws  of  1939 
(section  34,  chapter  236,  commissioners'  report)  by  adding 
after  the  word  "diameter"  in  the  third  line  the  words,  or  a 
square  net  of  equal  area,  so  that  said  section  as  amended  shall 
read  as  follows:  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,  or  a  square  net  of  equal  area,  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  there- 
in for  the  entrance  of  fish  shall  not  exceed  one  inch  in 
diameter. 

16.  Night  Fishing.  Amend  section  31  of  said  chapter  201 
by  striking  out  the  word  "two"  in  the  fourth  line  and  insert- 
ing in  place  thereof  the  word,  one,  so  that  said  section  as 
amended  shall  read  as  follows:     31.     Closed  to.    No  person 


1941]  Chapter  126  187 

shall  fish  in  the  Androscoggin  river  from  the  head  of  Pontook 
Flowage  at  the  foot  of  Mile  and  One-half  Falls,  so  called,  in 
the  town  of  Dummer,  to  the  foot  of  Errol  dam  during  the 
period  from  one  hour  after  sunset  to  one  hour  before  sunrise. 

17.  Fines  and  Costs.  Amend  section  11  of  chapter  203  of 
the  Public  Laws,  as  inserted  by  section  7,  chapter  124,  Laws 
of  1935  (section  12,  chapter  238,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  11.  Hunting,  etc.,  After  Revocation;  Eligibility 
for  License.  No  person  shall  hunt,  fish  or  trap  in  this  state 
after  the  suspension  or  revocation  of  his  license  until  the  same 
has  been  restored  by  the  director.  No  person  shall  be  eligible 
to  receive  any  license  issued  by  the  fish  and  game  department 
if  he  is  in  arrears  for  any  fines  or  costs  for  a  violation  of  the 
laws  relative  to  fish  and  game. 

18.  Bounties.  Amend  section  36,  chapter  197,  Public 
Laws,  as  inserted  by  section  1,  chapter  124,  Laws  of  1935 
(section  36,  chapter  232,  commissioners'  report)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
36.  Bobcats  and  Lynxes.  Any  person  who  shall  kill  in  this 
state  any  wild  cat  of  the  species  known  as  bobcat,  or  lynx, 
may  deliver  the  carcass  thereof,  in  the  same  condition  as  when 
killed,  to  any  conservation  officer  or  the  director,  with  a  sworn 
statement  that  it  was  killed  in  this  state  within  forty-eight 
hours,  and  giving  the  date  and  place  of  the  killing  thereof,  and 
upon  request,  shall  accompany  the  officer  to  the  precise  spot 
where  the  same  was  killed.  Said  fish  and  game  officer  shall 
thereupon  report  to  the  director,  who,  being  satisfied  that  the 
same  was  killed  in  this  state,  shall  certify  the  killing  to  the 
governor.  The  governor  is  hereby  authorized  to  draw  his 
warrant  upon  the  fish  and  game  fund  for  the  payment  of 
twenty  dollars  for  each  bobcat  or  lynx  so  killed,  reported  and 
certified.  The  ears  of  such  animal  shall  be  punched  by  said 
fish  and  game  officer  with  a  punch  to  be  furnished  to  him  for 
the  purpose  by  the  director.  If  the  animal  is  a  lynx,  the  car- 
cass with  the  pelt  thereon  shall  be  returned  to  its  killer.  If 
the  animal  is  a  bobcat,  the  officer  shall  cause  the  skin  to  be 
removed  from  the  carcass  and  shall  forward  the  skin  to  the 
director.  The  director  shall  sell  such  skins  and  return  all 
moneys  received  therefor  to  the  state  treasurer  to  be  credited 
to  the  fish  and  game  fund. 


188  Chapter  127  [1941 

19.  Takes  Effect.  The  provisions  of  section  10  hereof 
shall  take  effect  as  of  January  1,  1942,  and  all  other  provisions 
hereof  shall  take  effect  upon  the  passage  of  this  act. 

[Approved  May  22,  1941.] 


CHAPTER  127. 

AN  ACT  RELATING  TO  THE  POLL  TAX  OF  SOLDIERS  AND  SAILORS. 

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

1.  Definitions.  The  term  "person  in  military  service",  as 
used  in  this  act,  shall  include  the  following  persons  and  no 
others:  All  members  of  the  army  of  the  United  States,  the 
United  States  navy,  the  marine  corps,  the  coast  guard,  and  all 
officers  of  the  public  health  service  detailed  by  proper  author- 
ity for  duty  either  with  the  army  or  the  navy.  The  term 
"military  service"  as  used  in  this  act,  shall  signify  federal 
service  on  active  duty  with  any  branch  of  service  heretofore 
referred  to  or  mentioned,  as  well  as  training  or  education  un- 
der the  supervision  of  the  United  States  preliminary  to  in- 
duction into  the  military  service.  The  terms  "active  service" 
or  "active  duty"  shall  include  the  period  during  which  a  person 
in  military  service  is  absent  from  duty  on  account  of  sickness, 
wounds,  leave,  or  other  lawful  cause.  The  term  "period  of 
military  service",  as  used  in  this  act,  shall  include  the  time  be- 
tween the  following  dates:  For  persons  in  active  service  at 
the  date  of  the  approval  of  this  act  it  shall  begin  with  the  date 
of  approval  of  this  act;  for  persons  entering  active  service 
after  the  date  of  this  act,  with  the  date  of  entering  active 
service.  It  shall  terminate  with  the  date  of  discharge  from 
active  service  or  death  while  in  active  service,  but  in  no  case 
later  than  the  date  when  this  act  ceases  to  be  in  force. 

2.  Poll  Tax  Exemption.  Any  person  in  the  military 
service  shall  be  exempt  from  any  poll,  whether  falling  due 
prior  to  or  during  his  period  of  military  service. 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage  and  remain  in  effect  until  May  15,  1945. 

[Approved  May  23,  1941.] 


1941]  Chapters  128,  129  189 

CHAPTER  128. 

AN   ACT   RELATING   TO    WEARE   RESERVOIR,    DEERING   LAKE   AND 
TRICKLING  FALLS  RESERVOIR. 

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

1.  Exemption.  The  New  Hampshire  water  resources 
board  is  hereby  exempted  from  the  annual  payments  pre- 
scribed by  section  12,  chapter  121,  Laws  of  1935,  on  all  real 
property  and  rights  and  easements  therein  acquired  by  the 
board  for  The  State  of  New  Hampshire  in  connection  with 
and  comprising  the  Weare  Reservoir  on  the  Piscataquog  river 
in  the  towns  of  Weare  and  Deering,  Deering  lake  on  the  Pis- 
cataquog river  in  the  town  of  Deering,  and  Trickling  Falls 
Reservoir  on  the  Powwow  river  in  the  towns  of  Kingston  and 
East  Kingston;  provided,  however,  if  any  revenues  from  the 
sale  of  stored  water  released  from  Weare  Reservoir  or  Deer- 
ing lake  or  Trickling  Falls  Reservoir  shall  hereafter  accrue  to 
the  New  Hampshire  water  resources  board,  such  revenues 
shall  be  used  so  far  as  possible  to  make  the  annual  payments 
which  would  be  due  under  the  provisions  of  section  12, 
chapter  121,  Laws  of  1935,  but  for  the  passage  of  this  act. 

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

[Approved  May  23,  1941.] 


CHAPTER  129. 

AN  ACT  RELATING  TO  THE  CHALLENGE  OF  VOTERS. 

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

1.  Elections.  Amend  sections  16  and  17  of  chapter  33  of 
the  Public  Laws  (sections  16  and  17,  chapter  41,  commission- 
ers' report)  by  striking  out  said  sections  and  inserting  in  place 
thereof  the  following:  16.  Challenge  of  Voter.  Any  voter, 
at  any  town-meeting,  city  election,  primary  or  general  elec- 
tion, may  challenge  any  other  voter  offering  to  vote  therein, 
and  the  moderator  shall  not  receive  the  vote  of  the  person  so 
challenged  until  he  shall  subscribe,  make  and  tender  to  the 


190  Chapter  129  [1941 

clerk  or  moderator  an   affidavit   in   form   and    substance   as 

follows:     I,     ,  do  solemnly  swear   (or  affirm) 

that  I  am  the  identical  person  whom  I  represent  myself  to  be ; 
that  I  am  a  duly  qualified  voter  of  this  town  (or  ward)  and 
have  a  legal  voting  residence  therein ;  and  that  I  can  read  and 
write  or  was  a  legal  voter  of  this  state  on  January  1,  1904. 
So  help  me  God.  17.  Receiving  Vote.  In  case  any  voter  so 
challenged  shall  not  make  and  subscribe  such  affidavit,  he 
shall  be  denied  the  right  of  voting  at  such  town-meeting,  city 
election,  primary  or  general  election,  and  any  moderator  who 
shall  receive  the  vote  of  a  voter  so  challenged  and  not  making 
and  subscribing  such  affidavit,  shall  be  fined  not  more  than 
one  hundred  dollars. 

2.  Records  of  Challenges.  Amend  section  19  of  chapter  33 
of  the  Public  Laws  (section  19,  chapter  41,  commissioners'  re- 
port) by  striking  out  said  section  and  inserting  in  place  there- 
of the  following:  19.  Affidavits  Recorded.  The  town  and 
ward  clerks  of  each  town  and  city  shall  be  provided  by  the 
secretary  of  state  with  blanks  for  making  affidavits  as  re- 
quired by  section  16,  and  shall  furnish  the  same  to  any  voter 
on  request  therefor  at  any  town-meeting,  city  election, 
primary  or  general  election.  The  town  and  ward  clerks  shall 
record  the  name  and  residence  of  all  voters  making  such 
affidavits,  the  name  of  the  person  challenging  and  the  cause 
assigned  therefor,  and  shall  keep  the  affidavits  on  file  for  at 
least  one  year  following  the  meeting  or  election  at  which  such 
voter  is  challenged. 

3.  Political  Committees  May  Appoint.  Amend  chapter  33 
of  the  Public  Laws  (chapter  41,  commissioners'  report)  by 
adding  after  section  19  the  following  new  section:  19-a. 
Challengers.  The  state  committee  of  a  political  party  may 
appoint  a  person  to  act  as  challenger  of  voters  at  any  polling 
place  in  the  state  at  a  general  election,  and  a  city  or  town 
committee  of  such  a  party  may  appoint  a  person  to  act  as 
such  challenger  at  any  polling  place  in  such  city  or  town  at  a 
town-meeting  or  city  election.  A  statement  signed  by  the 
chairman  of  the  committee  appointing  him  shall  be  sufficient 
evidence  of  the  authority  of  any  such  challenger.  He  may  be 
reasonably  compensated  for  his  services  by  the  political  party 
whose  committee  appointed  him.  He  shall  be  assigned  by  the 
moderator  or  other  election  officer   presiding   at   the   polling 


1941]  Chapter  130  191 

place  to  such  position  within  the  polHng  place  as  will  enable 
him  to  see  and  hear  each  voter  as  he  offers  to  vote.  Nothing 
herein  contained  shall  deprive  any  other  person  of  the  right  to 
challenge  a  voter  as  provided  by  law. 

4.  Repeal;  Takes  Effect.  This  act  shall  apply  to  all  cities, 
towns  and  polling  places  in  the  state ;  and  all  acts  and  parts  of 
acts,  special  or  general,  inconsistent  with  this  act  are  hereby 
repealed.    This  act  shall  take  effect  upon  its  passage. 

[Approved  May  27,  1941.] 


CHAPTER  130. 

AN  ACT  RELATIVE  TO  THE  TIME  OF  CLOSING  THE  POLLS. 

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

1.  Town  Meetings.  Amend  chapter  45  of  the  Public  Laws 
(chapter  57,  commissioners'  report)  by  striking  out  section  2 
thereof  and  inserting  in  place  thereof  the  following:  2. 
Warrant.  The  warrant  for  any  town  meeting  shall  be  under 
the  hands  of  the  selectmen,  and  shall  prescribe  the  place,  day 
and  hour  of  the  meeting,  and,  if  there  is  an  election  at  said 
meeting,  in  which  an  official  printed  ballot  containing  more 
than  one  name  is  used,  the  warrant  therefor  shall  prescribe 
the  time  the  polls  are  to  open  and  also  an  hour  before  which 
the  polls  may  not  close.  A  town  meeting  may  vote  to  keep 
the  polls  open  to  a  later  hour  but  may  not  vote  to  close  the 
polls  at  an  earlier  hour  than  that  prescribed  by  the  selectmen 
hereunder.  The  subject  matter  of  all  business  to  be  acted 
upon  at  the  town  meeting  shall  be  distinctly  stated  in  the 
warrant,  and  nothing  done  at  any  meeting,  except  the  election 
of  any  town  officer  required  by  law  to  be  made  at  such  meet- 
ing, shall  be  valid  unless  the  subject  thereof  is  so  stated. 

2.  Biennial  Elections  and  Primaries.  Amend  section  36  of 
chapter  26  of  the  Public  Laws  (section  36,  chapter  34,  com- 
missioners' report)  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following:  36.  Time  Polls  Open. 
At  all  biennial  elections  and  primaries  in  towns  the  polls  shall 
be  open  not  later  than  ten  o'clock  in  the  forenoon,  and  shall 
not  be  closed  earlier  than  three  o'clock  in  the  afternoon.  The 
selectmen,  in  the  warrants  for  the  biennial  elections,  and  the 


192  Chapters  131,  132  [1941 

town  clerk  in  the  notices  for  primaries,  may  prescribe  a  time 
later  than  three  o'clock  in  the  afternoon  before  which  the  polls 
shall  not  close  and  if  the  selectmen,  or  town  clerk,  as  herein 
provided,  prescribe  such  a  time  the  meeting  may  vote  to  keep 
the  polls  open  to  a  later  hour  but  may  not  vote  to  close  the 
polls  at  an  earlier  hour  than  that  so  prescribed  by  the  select- 
men or  town  clerk. 

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

[Approved  May  27,  1941.] 


CHAPTER  131. 


AN  ACT  RELATIVE  TO  CARE  OF  DESERTED  AND  ABANDONED 
CEMETERIES. 

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

1.  Town  Appropriations.  Amend  chapter  55  of  the  Public 
Laws  (chapter  68,  commissioners'  report)  by  adding  after 
section  3  the  following  new  section:  3-a.  Uncared  for 
Cemeteries.  Every  town  may  raise  and  appropriate  annually 
a  sum,  not  to  exceed  three  hundred  dollars,  to  provide  for  the 
suitable  care  and  maintenance  of  deserted  and  abandoned 
cemeteries  within  its  confines  which  are  not  otherwise  pro- 
vided for.  Such  appropriation  shall  be  expended  under  the 
direction  of  the  selectmen  of  the  town. 

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

[Approved  May  27,  1941.] 


CHAPTER  132. 

AN  ACT  RELATING  TO  THE  ADMISSIBILITY  OF  EVIDENCE. 

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

1.  Amendment.  Amend  section  28  of  chapter  336  of  the 
Public  Laws  (section  28  of  chapter  382,  commissioners'  re- 
port) by  striking  out  said  section  and  inserting  in  place  there- 


1941]  Chapter  133  193 

of  the  following  new  section:  28.  Exception.  If  the  court 
finds  that  injustice  may  be  done  without  the  testimony  of  the 
party,  the  court  may,  in  its  discretion,  allow  such  party  to 
testify. 

2.  Application.     This  act  shall  not  apply  to  actions  pend- 
ing at  the  date  of  its  passage. 

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

[Approved  May  27,  1941.] 


CHAPTER  133. 


AN  ACT  RELATING  TO  THE  ELECTION  OF  REPRESENTATIVES  TO 
THE  GENERAL  COURT. 

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

1.  Amendment.  Amend  chapter  32  of  the  Public  Laws, 
as  amended  by  chapter  145,  Laws  of  1931  (chapter  40,  com- 
missioners' report)  by  striking  out  the  whole  of  sections  3 
and  4  and  inserting  in  place  thereof  the  following:  3. 
Apportionment.  Until  another  general  census  of  the  state  is 
taken  and  officially  promulgated,  the  following  named  towns 
and  wards  may  send  representatives  to  the  general  court  un- 
der the  authority  of  the  constitution,  as  follows : 

One  representative  each  from  Allenstown,  Alstead,  Alton, 
Amherst,  Andover,  Antrim,  Ashland,  Auburn,  Barnstead, 
Barrington,  Bartlett,  Bath,  Bedford,  Belmont,  Bennington, 
Bethlehem,  Boscawen,  Bow,  Bradford,'  Brentwood,  Bristol, 
Campton,  Canaan,  Candia,  Canterbury,  Charlestown,  Chester, 
Concord  ward  2,  Concord  ward  3,  Cornish,  Dalton,  Deerfield, 
Dover  ward  5,  Dublin,  Durham,  Enfield,  Epping,  Epsom,  Fitz- 
william,  Fremont,  Gilford,  Gilmanton,  Greenland,  Greenville, 
Hampstead,  Hancock,  Henniker,  Hinsdale,  Holderness,  Hollis, 
Hopkinton,  Jefferson,  Kingston,  Laconia  ward  3,  Lincoln, 
Londonderry,  Loudon,  Lyme,  Marlborough,  Merrimack,  Milan, 
Milton,  Moultonborough,  New  Boston,  New  Hampton,  New 
Ipswich,  New  London,  Newton,  Northfield,  North  Hampton, 
Northwood,  Orford,  Ossipee,  Pelham,  Pittsburg,  Plainfield, 
Plaistow,  Portsmouth  ward   5,  Raymond,   Rindge,   Rochester 


194  Chapter  133  [1941 

ward  1,  Rochester  ward  3,  Rollinsford,  Rumney,  Rye,  Sanborn- 
ton,  Sandwich,  Seabrook,  Somersworth  ward  1,  Somersworth 
ward  2,  Somersworth  ward  3,  Somersworth  ward  5,  Stewarts- 
town,  Strafford,  Stratford,  Stratham,  Sunapee,  Sutton,  Tam- 
worth,  Tilton,  Troy,  Unity,  Wakefield,  Warner,  Warren, 
Weare,  Westmoreland,  Windham,  Woodstock. 

Two  representatives  each  from  Colebrook,  Concord  ward 
1,  Concord  ward  5,  Concord  ward  8,  Concord  ward  9,  Dover 
ward  3,  Franklin  ward  1,  Franklin  ward  2,  Franklin  ward  3, 
Gorham,  Hampton,  Hillsborough,  Hooksett,  Jaffrey,  Keene 
ward  2,  Keene  ward  3,  Keene  ward  4,  Keene  ward  5,  Laconia 
ward  1,  Laconia  ward  2,  Laconia  ward  4,  Laconia  ward  5, 
Laconia  ward  6,  Lisbon,  Meredith,  Nashua  ward  4,  Nashua 
ward  9,  Newmarket,  Northumberland,  Pembroke,  Peter- 
borough, Pittsfield,  Plymouth,  Portsmouth  ward  3,  Ports- 
mouth ward  4,  Rochester  ward  2,  Rochester  ward  4,  Rochester 
ward  5,  Rochester  ward  6,  Somersworth  ward  4,  Swanzey, 
Walpole,  Whitefield,  Wilton,  Winchester,  Wolfeboro, 

Three  representatives  each  from  Berlin  ward  3,  Concord 
ward  4,  Conway,  Dover  ward  1,  Dover  ward  2,  Dover  ward  4, 
Farmington,  Hanover,  Haverhill,  Hudson,  Keene  ward  1,  Lan- 
caster, Manchester  ward  9,  Manchester  ward  14,  Milford, 
Nashua  ward  2,  Nashua  ward  3,  Nashua  ward  5,  Nashua 
ward  6,  Nashua  ward  7,  Portsmouth  ward  1,  Salem. 

Four  representatives  each  from  Berlin  ward  2,  Berlin 
ward  4,  Exeter,  Goffstown,  Littleton,  Manchester  ward  1, 
Manchester  ward  4,  Manchester  ward  10,  Manchester  ward  11, 
Nashua  ward  1,  Newport,  Portsmouth  ward  2. 

Five  representatives  each  from  Berlin  ward  1,  Concord 
ward  6,  Concord  ward  7,  Derry,  Manchester  ward  2,  Manches- 
ter ward  3,  Manchester  ward  7,  Manchester  ward  8,  Manches- 
ter ward  12,  Manchester  ward  13,  Nashua  ward  8. 

Six  representatives  each  from  Lebanon,  Manchester 
ward  6. 

Seven  representatives  from  Manchester  ward  5. 

Ten  representatives  from  Claremont. 

4.    ,  Part  Time.    The  following  named  towns,  not 

having  six  hundred  inhabitants  according  to  the  census  of 
1940  and  having  a  right  under  the  constitution  to  elect  a 
representative  such  proportional  part  of  the  time  as  the  num- 
ber of  their  inhabitants,  according  to  such  census,  bears  to  six 


1941]  Chapter  133  195 

hundred,  may  elect  one  representative  in  each  of  the  years  set 
opposite  their  names  in  the  following  list : 


Brookline 

1942 

1944 

1946 

1948 

Carroll 

1942 

1944 

1948 

1950 

Chesterfield 

1942 

1944 

1946 

1948 

Chichester 

1942 

1944 

1946 

1948 

Columbia 

1942 

1944 

1948 

1950 

Danbury 

1942 

1944 

1946 

1948 

Dunbarton 

1942 

1944 

1946 

1948 

Franconia 

1942 

1944 

1946 

1948 

Gilsum 

1942 

1944 

1948 

1950 

Grafton 

1944 

1946 

1948 

1950 

Hampton  Falls 

1942 

1944 

1946 

1948 

Harrisville 

1942 

1944 

1948 

1950 

Hill  . 

1942 

1944 

1946 

1948 

Lee 

1942 

1944 

1946 

1948 

Madison 

1944 

1946 

1948 

1950 

Newbury 

1942 

1944 

1946 

1948 

New  Castle 

1942 

1944 

1946 

1948 

Piermont 

1942 

1944 

1946 

1948 

Thornton 

1942 

1944 

1946 

1948 

Tuftonboro 

1944 

1946 

1948 

1950 

Wentworth 

1942 

1944 

1946 

1948 

Acworth 

1942 

1946 

1950 

Alexandria 

1942 

1946 

1950 

Atkinson 

1942 

1946 

1950 

Danville 

1942 

1946 

1950 

Deering 

1942 

1946 

1950 

East  Kingston 

1942 

1946 

1950 

Effingham 

1942 

1946 

1950 

Grantham 

1942 

1946 

1950 

Greenfield 

1942 

1946 

1950 

Jackson 

1942 

1946 

1950 

Kensington 

1942 

1946 

1950 

Landaff 

1942 

1946 

1950 

Lyman 

1942 

1946 

1950 

Lyndeborough 

1942 

1946 

1950 

Madbury 

1942 

1946 

1950 

Monroe 

1942 

1946 

1950 

New  Durham 

1942 

1946 

1950 

Newfields 

1942 

1946 

1950 

196 

Chapter  133 

Newington 

1942 

1946 

1950 

Nottingham 

1942 

1946 

1950 

Salisbury 

1942 

1946 

1950 

Springfield 

1942 

1946 

1950 

Wilmot 

1942 

1946 

1950 

Benton 

1944 

1948 

Center  Harbor 

1944 

1948 

Croydon 

1944 

1948 

Dummer 

1944 

1948 

Francestown 

1944 

1948 

Freedom 

1944 

1948 

Goshen 

1944 

1948 

Langdon 

1944 

1948 

Lempster 

1944 

1948 

Litchfield 

1944 

1948 

Marlow 

1944 

1948 

Mason 

1944 

1948 

Mont  Vernon 

1944 

1948 

Nelson 

1944 

1948 

Richmond 

1944 

1948 

Sandown 

1942 

1948 

South  Hampton 

1944 

1948 

Stark 

1944 

1948 

Sullivan 

1944 

1948 

Temple 

1944 

1948 

Washington 

1944 

1948 

Webster 

1944 

1948 

Albany 

1946 

Bridgewater 

1946 

Brookfield 

1946 

Chatham 

1946 

Clarksville 

1946 

Dorchester 

1946 

Easton 

1946 

Eaton 

1946 

Errol 

1946 

Groton 

1946 

Hebron 

1946 

Middleton 

1946 

Millsfield 

1942 

Orange 

1942 

[1941 


1941] 

Chapter 

Randolph 

1950 

Roxbury 

1944 

Sharon 

1946 

Shelburne 

1946 

Stoddard 

1946 

Surry 

1946 

197 


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

[Approved  May  27,  1941.] 


CHAPTER  134. 


AN    ACT    RELATING    TO    SPECIAL    MEETINGS    OF    COUNTY 
CONVENTIONS. 

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

1.  Special  Meetings  of  County  Conventions.  Amend  sec- 
tion 15  of  chapter  35  of  the  Public  Laws,  as  amended  by 
section  3,  chapter  120  of  the  Laws  of  1933  (section  17,  chapter 
45,  commissioners'  report)  by  striking  out  the  whole  of  said 
section  and  inserting  in  place  thereof  the  following:  15. 
How  Called.  The  chairman  of  the  convention  upon  the 
written  request  of  the  county  commissioners  shall,  and  a 
majority  of  the  members  of  the  convention  may,  call  a  special 
meeting  of  the  convention,  to  be  held  at  any  time  except  on  a 
day  on  which  there  is  a  meeting  of  the  house  of  represen- 
tatives, and  at  any  place  in  the  county,  by  mailing  a  notice, 
stating  the  time,  place  and  purpose  of  the  meeting,  to  each 
member  of  the  convention  at  least  seven  days  before  the  day 
of  meeting  and  by  publishing  a  like  notice  at  least  seven  days 
before  the  day  of  meeting  in  any  newspaper  of  general  circu- 
lation in  the  county. 

2.  Meetings  During  Session.  Amend  said  chapter  35  by 
adding  after  section  17  the  following:  17-a.  Calling.  The 
chairman  of  the  convention  or  a  majority  of  the  members  of 
the  convention  may  call  a  special  meeting  of  the  convention, 
to  be  held  at  any  time  on  a  day  on  which  there  is  a  meeting 
of  the  house  of  representatives,  and  at  any  place  in  the  city 
or  town  in  which  such  meeting  of  the  house  of  representatives 


198  Chapter  135  [1941 

is  held,  by  causing  a  notice  stating  the  time,  place  and  purpose 
of  the  meeting  to  be  read  to  the  house  of  representatives  not 
later  than  the  day  before  the  day  of  meeting.  A  copy  of  such 
notice  with  a  notation  that  it  was  read  shall  be  entered  on  the 
journal  of  the  house  of  representatives  and  such  entry  shall 
be  conclusive  evidence  of  such  reading. 

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

[Approved  May  27,  1941.] 


CHAPTER  135. 

AN  ACT  RELATIVE  TO  A  COMPACT  BETWEEN  CERTAIN  STATES  TO 

PROMOTE  THE  BETTER  UTILIZATION  OF  THE  FISHERIES, 

MARINE,  SHELL  AND  ANADROMOUS  OF  THE 

ATLANTIC    SEABOARD. 

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

1.  Compact.  The  governor  of  this  state  is  hereby  author- 
ized and  directed  to  execute  a  compact  on  behalf  of  the  state 
of  New  Hampshire  with  any  one  or  more  of  the  states  of 
Maine,  Massachusetts,  Connecticut,  Rhode  Island,  New  York, 
New  Jersey,  Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  Georgia  and  Florida  and  with  such  other 
states  as  may  enter  into  the  compact,  legally  joining  therein 
in  the  form  substantially  as  follows: 

Atlantic  States  Marine  Fisheries  Compact 

The  contracting  states  solemnly  agree: 

ARTICLE  I 

The  purpose  of  this  compact  is  to  promote  the  better  utili- 
zation of  the  fisheries,  marine,  shell  and  anadromous,  of  the 
Atlantic  seaboard  by  the  development  of  a  joint  program  for 
the  promotion  and  protection  of  such  fisheries,  and  by  the  pre- 
vention of  the  physical  waste  of  the  fisheries  from  any  cause. 
It  is  not  the  purpose  of  this  compact  to  authorize  the  states 
joining  herein  to  limit  the  production  of  fish  or  fish  products 
for  the  purpose  of  establishing  or  fixing  the  price  thereof,  or 
creating  and  perpetuating  monopoly. 


1941]  Chapter  135  199 

ARTICLE  II 

This  agreement  shall  become  operative  immediately  as  to 
those  states  executing  it  whenever  any  two  or  more  of  the 
states  of  Maine,  New  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  New  Jersey,  Delaware,  Mary- 
land, Virginia,  North  Carolina,  South  Carolina,  Georgia  and 
Florida  have  executed  it  in  the  form  that  is  in  accordance 
with  the  laws  of  the  executing  state  and  the  Congress  has 
given  its  consent.  Any  state  contiguous  with  any  of  the 
aforementioned  states  and  riparian  upon  waters  frequented 
by  anadromous  fish,  flowing  into  waters  under  the  jurisdiction 
of  any  of  the  aforementioned  states,  may  become  a  party 
hereto  as  hereinafter  provided. 

ARTICLE  III 

Each  state  joining  herein  shall  appoint  three  represen- 
tatives to  a  commission  hereby  constituted  and  designated  as 
the  Atlantic  States  Marine  Fisheries  Commission.  One  shall 
be  the  executive  officer  of  the  administrative  agency  of  such 
state  charged  with  the  conservation  of  the  fisheries  resources 
to  which  this  compact  pertains  or,  if  there  be  more  than  one 
ofl[icer  or  agency,  the  official  of  that  state  named  by  the  gov- 
ernor thereof.  The  second  shall  be  a  member  of  the  legis- 
lature of  such  state  designated  by  the  commission  or  commit- 
tee on  interstate  cooperation  of  such  state,  or  if  there  be 
none,  or  if  said  commission  on  interstate  cooperation  cannot 
constitutionally  designate  the  said  member,  such  legislator 
shall  be  designated  by  the  governor  thereof;  provided,  that  if 
it  is  constitutionally  impossible  to  appoint  a  legislator  as  a 
commissioner  from  such  state,  the  second  member  shall  be 
appointed  by  the  governor  of  said  state  in  his  discretion.  The 
third  shall  be  a  citizen  who  shall  have  a  knowledge  of  and 
interest  in  the  marine  fisheries  problem  to  be  appointed  by  the 
governor.  This  commission  shall  be  a  body  corporate  with 
the  powers  and  duties  set  forth  herein. 

ARTICLE  IV 

The  duty  of  the  said  commission  shall  be  to  make  inquiry 
and  ascertain  from  time  to  time  such  methods,  practices,  cir- 
cumstances and  conditions  as  may  be  disclosed  for  bringing 
about  the  conservation  and  the  prevention  of  the  depletion 


200  Chapter  135  [1941 

and  physical  waste  of  the  fisheries,  marine,  shell  and  anadro- 
mous,  of  the  Atlantic  seaboard.  The  commission  shall  have 
power  to  recommend  the  coordination  of  the  exercise  of  the 
police  powers  of  the  several  states  within  their  respective 
jurisdictions  to  promote  the  preservation  of  those  fisheries 
and  their  protection  against  overfishing,  waste,  depletion  or 
any  abuse  whatsoever  and  to  assure  a  continuing  yield  from 
the  fisheries  resources  of  the  aforementioned  states. 

To  that  end  the  commission  shall  draft  and,  after  consul- 
tation with  the  advisory  committee  hereinafter  authorized, 
recommend  to  the  governors  and  legislatures  of  the  various 
signatory  states  legislation  dealing  with  the  conservation  of 
the  marine,  shell  and  anadromous  fisheries  of  the  Atlantic  sea- 
board. The  commission  shall,  more  than  one  month  prior  to 
any  regular  meeting  of  the  legislature  in  any  signatory  state, 
present  to  the  governor  of  the  state  its  recommendations  re- 
lating to  enactments  to  be  made  by  the  legislature  of  that 
state  in  furthering  the  intents  and  purposes  of  this  compact. 

The  commission  shall  consult  with  and  advise  the  pertinent 
administrative  agencies  in  the  states  party  hereto  with  regard 
to  problems  connected  with  the  fisheries  and  recommend  the 
adoption  of  such  regulations  as  it  deems  advisable. 

The  commission  shall  have  power  to  recommend  to  the 
states  party  hereto  the  stocking  of  the  waters  of  such  states 
with  fish  and  fish  eggs  or  joint  stocking  by  some  or  all  of  the 
states  party  hereto  and  when  two  or  more  of  the  states  shall 
jointly  stock  waters  the  commission  shall  act  as  the  co- 
ordinating agency  for  such  stocking. 

ARTICLE  V 

The  commission  shall  elect  from  its  number  a  chairman 
and  a  vice  chairman  and  shall  appoint  and  at  its  pleasure  re- 
move or  discharge  such  officers  and  employees  as  may  be  re- 
quired to  carry  the  provisions  of  this  compact  into  effect  and 
shall  fix  and  determine  their  duties,  qualifications  and  com- 
pensation. Said  commission  shall  adopt  rules  and  regulations 
for  the  conduct  of  its  business.  It  may  establish  and  main- 
tain one  or  more  offices  for  the  transaction  of  its  business  and 
may  meet  at  any  time  or  place  but  must  meet  at  least  once  a 
year. 


1941]  Chapter  135  201 

ARTICLE  VI 

No  action  shall  be  taken  by  the  commission  in  regard  to  its 
general  affairs  except  by  the  affirmative  vote  of  a  majority  of 
the  whole  number  of  compacting  states  present  at  any  meet- 
ing. No  recommendation  shall  be  made  by  the  commission 
in  regard  to  any  species  of  fish  except  by  the  affirmative  vote 
of  a  majority  of  the  compacting  states  which  have  an  inter- 
est in  such  species.  The  commission  shall  define  what  shall 
be  an  interest. 

ARTICLE  VII 

The  fish  and  wildlife  service  of  the  department  of  the  in- 
terior of  the  government  of  the  United  States  shall  act  as  the 
primary  research  agency  of  the  Atlantic  States  Marine  Fish- 
eries Commission  cooperating  with  the  research  agencies  in 
each  state  for  that  purpose.  Representatives  of  the  said  fish 
and  wildlife  service  shall  attend  the  meetings  of  the 
commission. 

An  advisory  committee  to  be  representative  of  the  com- 
mercial fishermen  and  the  salt  water  anglers  and  such  other 
interests  of  each  state  as  the  commission  deems  advisable 
shall  be  established  by  the  commission  as  soon  as  practicable 
for  the  purpose  of  advising  the  commission  upon  such  recom- 
mendations as  it  may  desire  to  make. 

ARTICLE  VIII 

When  any  state  other  than  those  named  specifically  in 
article  II  of  this  compact  shall  become  a  party  thereto  for  the 
purpose  of  conserving  its  anadromous  fish  in  accordance  with 
the  provisions  of  article  II  the  participation  of  such  state  in 
the  action  of  the  commission  shall  be  limited  to  such  species 
of  anadromous  fish. 

ARTICLE  IX 

Nothing  in  this  compact  shall  be  construed  to  limit  the 
powers  of  any  signatory  state  or  to  repeal  or  prevent  the  en- 
actment of  any  legislation  or  the  enforcement  of  any  require- 
ment by  any  signatory  state  imposing  additional  conditions 
and  restrictions  to  conserve  its  fisheries. 


202  Chapter  135  [1941 

ARTICLE  X 

Continued  absence  of  representation  or  of  any  represen- 
tative on  the  commission  from  any  state  party  hereto  shall  be 
brought  to  the  attention  of  the  governor  thereof. 

ARTICLE  XI 

The  states  party  hereto  agree  to  make  annual  appropri- 
ations to  the  support  of  the  commission  in  proportion  to  the 
primary  market  value  of  the  products  of  their  fisheries,  ex- 
clusive of  cod  and  haddock,  as  recorded  in  the  most  recent 
published  reports  of  the  fish  and  wildlife  service  of  the  United 
States  department  of  the  interior,  provided  no  state  shall  con- 
tribute less  than  two  hundred  dollars  per  annum  and  the 
annual  contribution  of  each  state  above  the  minimum  shall  be 
figured  to  the  nearest  one  hundred  dollars. 

The  compacting  states  agree  to  appropriate  initially  the 
annual  amounts  scheduled  below,  which  amounts  are  cal- 
culated in  the  manner  set  forth  herein,  on  the  basis  of  the 
catch  record  of  1938.  Subsequent  budgets  shall  be  recom- 
mended by  a  majority  of  the  commission  and  the  cost  thereof 
allocated  equitably  among  the  states  in  accordance  with  their 
respective  interests  and  submitted  to  the  compacting  states. 

Schedule  of  Initial  Annual  State  Contributions 


New  Hampshire 

200 

Massachusetts 

2300 

Rhode  Island 

300 

Connecticut 

400 

New  York 

1300 

New  Jersey 

800 

Delaware 

200 

Maryland 

700 

Virginia 

1300 

North  Carolina 

600 

South  Carolina 

200 

Georgia 

200 

Florida 

1500 

1941]  Chapter  135  203 

ARTICLE  XII 

This  compact  shall  continue  in  force  and  remain  binding 
upon  each  compacting  state  until  renounced  by  it.  Renunci- 
ation of  this  compact  must  be  preceded  by  sending  six  months' 
notice  in  writing  of  intention  to  withdraw  from  the  compact 
to  the  other  states  party  hereto. 

2.  Commission.  In  pursuance  of  Article  III  of  said  com- 
pact there  shall  be  three  members,  hereinafter  called  commis- 
sioners, of  the  Atlantic  States  Marine  Fisheries  Commission, 
hereinafter  called  commission,  from  the  state  of  New  Hamp- 
shire. The  first  commissioner  from  the  state  of  New  Hamp- 
shire shall  be  fish  and  game  director,  ex  officio,  and  the  term 
of  any  such  ex-officio  commissioner  shall  terminate  at  the  time 
he  ceases  to  hold  said  office  of  fish  and  game  director  and  his 
successor  as  commissioner  shall  be  his  successor  as  such 
director.  The  second  commissioner  from  the  state  of  New 
Hampshire  shall  be  a  legislator  and  member  of  the  commis- 
sion on  interstate  cooperation  of  the  state  of  New  Hampshire, 
ex  officio,  designated  by  said  commission  on  interstate  co- 
operation, and  the  term  of  any  such  ex-officio  commissioner 
shall  terminate  at  the  time  he  ceases  to  hold  said  legislative 
office  or  said  office  as  commissioner  on  interstate  cooperation, 
and  his  successor  as  commissioner  shall  be  named  in  like 
manner.  The  governor,  with  the  advice  and  consent  of  the 
council,  shall  appoint  a  citizen  as  a  third  commissioner  who 
shall  have  a  knowledge  of  and  interest  in  the  marine  fisheries 
problem.  The  term  of  said  commissioner  shall  be  three  years 
and  he  shall  hold  office  until  his  successor  shall  be  appointed 
and  qualified.  Vacancies  occurring  in  the  office  of  such  com- 
missioners from  any  reason  or  cause  shall  be  filled  by  appoint- 
ment by  the  governor  with  the  advice  and  consent  of  the 
council  for  the  unexpired  term.  The  director  of  fish  and 
game  may  delegate,  from  time  to  time  to  any  assistant  in  his 
office  the  power  to  be  present  and  participate,  including  vot- 
ing, as  his  representative  at  any  meeting  of  or  hearing  by  or 
other  proceeding  of  the  commission.  The  terms  of  each  of 
the  initial  three  members  shall  begin  at  the  date  of  the 
appointment  of  the  appointive  commissioner,  provided  the  said 
compact  shall  then  have  gone  into  effect  in  accordance  with 
article  II  of  the  compact ;  otherwise  they  shall  begin  upon  the 


204  Chapter  135  [1941 

date  upon  which  said  compact  shall  become  effective  in  accord- 
ance with  said  article  II. 

Any  commissioner  may  be  removed  from  office  by  the  gov- 
ernor upon  charges  and  after  a  hearing. 

3.  Powers  and  Duties.  There  is  hereby  granted  to  the 
commission  and  the  commissioners  thereof  all  the  powers  pro- 
vided for  in  the  said  compact  and  all  the  powers  necessary  or 
incidental  to  the  carrying  out  of  said  compact  in  every 
particular.  All  officers  of  the  state  of  New  Hampshire  are  here- 
by authorized  and  directed  to  do  all  things  falling  within  their 
respective  provinces  and  jurisdiction  necessary  or  incidental 
to  the  carrying  out  of  said  compact  in  every  particular ;  it  be- 
ing hereby  declared  to  be  the  policy  of  the  state  of  New 
Hampshire  to  perform  and  carry  out  the  said  compact  and  to 
accomplish  the  purposes  thereof.  All  officers,  bureaus,  depart- 
ments and  persons  of  and  in  the  state  government  or  adminis- 
tration of  the  state  of  New  Hampshire  are  hereby  authorized 
and  directed  at  convenient  times  and  upon  request  of  the  said 
commission  to  furnish  the  said  commission  with  information 
and  data  possessed  by  them  or  any  of  them  and  to  aid  said 
commission  by  loan  of  personnel  or  other  means  lying  within 
their  legal  rights  respectively. 

4.  Application  of  Laws.  Any  powers  herein  granted  to 
the  commission  shall  be  regarded  as  in  aid  of  and  supple- 
mental to  and  in  no  case  a  limitation  upon  any  of  the  powers 
vested  in  said  commission  by  other  laws  of  the  state  of  New 
Hampshire  or  by  the  laws  of  the  states  of  Maine,  Massa- 
chusetts, Connecticut,  Rhode  Island,  New  York,  New  Jersey, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Caro- 
lina, Georgia  and  Florida  or  by  the  Congress  or  the  terms  of 
said  compact. 

5.  Accounts ;  Reports.  The  commission  shall  keep  accurate 
accounts  of  all  receipts  and  disbursements  and  shall  report  to 
the  governor  and  the  legislature  of  the  state  of  New  Hamp- 
shire biennially  on  or  before  the  tenth  day  of  December  of  the 
year  prior  to  each  session  of  the  legislature,  setting  forth  in 
detail  the  transactions  conducted  by  it  during  the  twenty- 
four  months  preceding  December  first  of  that  year  and  shall 
make  recommendations  for  any  legislative  action  deemed  by 
it  advisable,  including  amendments  to  the  statutes  of  the  state 
of  New  Hampshire  which  may  be  necessary  to  carry  out  the 


1941]  Chapter  136  205 

intent  and  purposes  of  the  compact  between  the  signatory 
states.  The  comptroller  of  the  state  of  New  Hampshire  is 
hereby  authorized  and  empowered  from  time  to  time  to  ex- 
amine the  accounts  and  books  of  the  commission,  including 
its  receipts,  disbursements  and  such  other  items  referring  to 
its  financial  standing  as  such  comptroller  may  deem  proper 
and  to  report  the  results  of  such  examination  to  the  governor 
of  such  state. 

6.  Appropriation.  The  sum  of  two  hundred  dollars  for  the 
fiscal  year  1941-1942  and  a  like  sum  for  the  fiscal  year  1942- 
1943,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  for  the  purposes  of  expenses  of  the  commission 
created  by  this  act.  The  governor  is  hereby  authorized  to 
draw  his  warrant  for  said  sums  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

7.  Constitutionality.  If  any  provision  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, such  invalidity  shall  not  affect  other  provisions  or 
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. 

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

[Approved  May  27,  1941.] 


CHAPTER  136. 

AN  ACT  PROVIDING  FOR  PURCHASES  FOR  CITIES. 

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

1.  Authority  of  Purchasing  Agent.  Amend  section  11  of 
chapter  9  of  the  Public  Laws  (section  11,  chapter  14,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  11.  Purchases  for  Counties, 
Institutions  and  Cities.  He  shall  purchase  all  materials  and 
supplies  for  county  institutions,  whenever  the  commissioners 
of  any  county  desire  to  avail  themselves  of  that  privilege,  and 
for  the  New  Hampshire  College  of  Agriculture  and  the 
Mechanic  Arts,  the  University  of  New  Hampshire  and  the 
Soldiers'  Home,  whenever  the  trustees  thereof  so  desire,  and 


206  Chapters  137,  138  [1941 

he  may  purchase  any  materials  and  supplies  for  any  city, 
whenever  the  governing  body  thereof  so  desires  and  the  pur- 
chasing agent  can  do  so  advantageously. 

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

[Approved  May  28,  1941.] 


CHAPTER  137. 

AN  ACT  RELATING  TO  TOWN  OFFICES. 

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

1.  Town  Offices.  Amend  section  37,  chapter  47  of  the 
Public  Laws  (section  43,  chapter  59,  commissioners'  report) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  37.  Incompatibility.  No  person  shall  hold  any 
two  of  the  following-named  town  offices  at  the  same  time, — 
selectman,  treasurer,  collector  of  taxes,  and  auditor;  no  per- 
son shall  at  the  same  time  hold  the  office  of  highway  agent 
and  selectman  and  no  person  shall  at  the  same  time  hold  the 
office  as  head  of  any  police  department,  on  full  time  duty,  and 
selectman. 

2.  Takes  Effect.  This  act  shall  take  effect  on  the  second 
Tuesday  in  March,  1942. 

[Approved  June  4,  1941.] 


CHAPTER  138. 


AN  ACT  RELATIVE  TO  SERVICE  OF  PROCESS  IN  SMALL  CLAIMS 

COURT. 

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

1.  Litigation  of  Small  Claims.  Amend  section  6,  chapter 
179,  Laws  of  1939  (chapter  368,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  6.  Notice  to  Defendant.  The  justice  shall  cause 
notice  of  the  claim  and  the  substance  thereof  to  be  given  to 
the  defendant  by  sending  a  written  statement  to  the  defend- 


1941]  Chapter  138  207 

ant  by  postpaid  registered  mail  addressed  to  the  defendant 
at  his  last  known  post  office  address  and  directing  the  defend- 
ant 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.  If  service  cannot  be  effected  by  registered  mail 
as  aforesaid,  then  the  court  may  direct  that  service  on  the 
defendant  be  completed  as  in  all  other  actions  at  law. 

2.  Change  in  Amount  of  Entry  Fee.  Amend  section  3  of 
chapter  179  of  the  Laws  of  1939  (section  3,  chapter  368,  com- 
missioners' report)  by  inserting  after  the  word  "seventy"  in 
the  sixth  line  the  word,  one,  so  that  said  section  as  amended 
shall  read  as  follows ;  3.  Process.  A  plaintiff  or  his  author- 
ized attorney  hereunder  shall  state  the  substance  of  his  claim 
to  the  justice  or  clerk  of  the  municipal  court  having  jurisdic- 
tion 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-one  cents. 

3.  Amount  to  Justice.  Amend  section  4  of  said  chapter 
179  (section  4  of  chapter  368,  commissioners'  report)  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  4.  Disposition  of  Fees.  Of  the  amount  of  the 
entry  fee  the  justice  shall  be  allowed  the  sum  of  one  dollar 
for  his  services,  twenty-one  cents  to  be  used  for  postage  for 
notice  to  the  defendant,  twenty-five  cents  for  the  use  of  the 
town  in  which  the  court  is  established  and  twenty-five  cents 
for  the  clerk  of  the  court,  provided  that  in  towns  where  there 
is  no  clerk  of  the  municipal  court  in  addition  to  the  one  dollar 
the  justice  shall  be  allowed  twenty-five  cents  for  his  services 
as  such  clerk. 

4.  Takes  Effect.    This  act  shall  take  effect  July  1,  1941. 
[Approved  June  4,  1941.] 


208  Chapter  139  [1941 

CHAPTER  139. 

AN   ACT  RELATIVE   TO   ADJUSTMENT    OF   CERTAIN    INHERITANCE 
TAXES  BY  COMPROMISE. 

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

1.  Taxation  of  Legacies  and  Successions.  Amend  chapter 
72  of  the  PubHc  Laws  (chapter  87,  commissioners'  report)  by 
inserting  after  section  64  the  following  new  section:  64-a. 
Dispute  as  to  Domicile.  Where  the  state  treasurer  claims 
that  a  decedent  was  an  inhabitant  in  this  state  at  the  time  of 
his  death  and  the  taxing  authorities  of  another  state  or  states 
make  a  similar  claim  with  respect  to  their  state  or  states,  the 
state  treasurer,  with  the  approval  of  the  assistant  attorney 
general,  may  enter  into  a  written  agreement  with  such  taxing 
officials  and  with  the  executor  or  administrator  that  a  certain 
sum  shall  be  accepted  in  full  payment  of  the  tax,  together 
with  interest  and  penalties,  imposed  by  this  chapter,  provided 
that  said  agreement  also  fixes  the  amount  to  be  paid  to  such 
other  state  or  states  in  full  payment  of  the  legacy  and  succes- 
sion taxes  thereof.  Full  power  and  authority  is  hereby  con- 
ferred upon  the  executor  or  administrator  to  enter  into  the 
agreement  provided  for  herein.  Upon  the  filing  of  such  agree- 
ment or  duplicate  thereof  with  the  probate  court  which  would 
have  jurisdiction  over  the  estate  if  said  decedent  had  died  an 
inhabitant  of  this  state,  an  order  fixing  the  tax  shall  be  made 
in  accordance  with  such  agreement,  and  such  order  shall 
finally  and  conclusively  fix  and  determine  the  amount  of  tax 
imposed  by  this  chapter.  The  provisions  of  this  section  shall 
apply  only  to  cases  in  which  all  the  states  involved  have  sub- 
stantially similar  laws. 

2.  Estate  Taxes.  Amend  section  12  of  chapter  72-A  of 
the  Public  Laws,  as  inserted  by  chapter  125,  Laws  of  1931 
(chapter  88,  commissioners'  report)  by  adding  after  the  word 
"Laws,"  in  the  second  line  the  words,  and  any  amend- 
ments thereto,  so  that  said  section  as  amended  shall  read  as 
follows:  12.  Provisions  Applicable.  The  provisions  of 
chapter  72  of  the  Public  Laws,  and  any  amendments  thereto 
relating  to  the  tax  on  legacies  and  successions,  shall  apply  to 
the  taxes  imposed  by  this  act  in  so  far  as  the  same  are 
applicable  and  not  in  conflict  with  the  provisions  hereof. 


1941]  Chapters  140,  141  209 

3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage  and  shall  apply  to  estates  of  decedents  dying  before  or 
after  the  enactment  hereof. 

[Approved  June  4,  1941.] 


CHAPTER  140. 

AN  ACT  DEFINING  A  PRESCRIPTION. 

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

1.  Definitions.  Amend  chapter  210,  section  1  of  the 
Public  Laws  (chapter  247,  section  1  of  the  commissioners'  re- 
port) by  adding  after  the  last  paragraph  in  said  section  the 
following  new  paragraph:  XIII.  Prescription  means  an 
order  for  drugs,  medicines  and  devices,  written  by  a  legally 
competent  practitioner  of  medicine,  dentistry,  or  veterinary 
medicine,  to  be  compounded  and  dispensed  by  a  registered 
pharmacist  in  a  duly  registered  pharmacy,  and  to  be  kept  on 
file  for  a  period  of  two  years.  Term  prescriptions  may  apply 
to  the  finished  products  dispensed  by  the  registered  pharma- 
cist in  the  registered  pharmacy,  on  order  of  a  legally  compe- 
tent practitioner  as  previously  defined. 

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

[Approved  June  4,  1941.] 


CHAPTER  141. 


AN  ACT  RELATING  TO  THE  REPORTING  OF  THE  EXPENSES  OF  THE 
JUSTICES  OF  THE  SUPERIOR  COURT. 

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

1.  Justices,  Superior  Court.  Amend  section  5,  chapter 
316,  Public  Laws,  as  amended  by  chapter  57,  Laws  of  1927 
and  chapter  159,  Laws  of  1929  (section  5,  chapter  360,  com- 
missioners' report)  by  adding  at  the  end  thereof  the  follow- 
ing words:  Each  justice  of  the  superior  court  shall  forward 
his  monthly  expense  account  directly  to  the  comptroller  who 


210  Chapter  142  [1941 

shall  prepare  the  manifest  for  payment  of  said  accounts,  so 
that  said  section  as  amended  shall  read  as  follows:  5. 
Salaries;  Expenses.  The  annual  salary  of  the  chief  justice 
and  the  associate  justices  of  the  superior  court  shall  be  seven 
thousand  dollars  each.  Actual  expenses  and  office  rent  shall 
be  allowed  the  justices  as  provided  for  justices  of  the  supreme 
court.  Each  justice  of  the  superior  court  shall  forward  his 
monthly  expense  account  directly  to  the  comptroller  who  shall 
prepare  the  manifest  for  payment  of  said  accounts. 

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

[Approved  June  4,  1941.] 


CHAPTER  142. 

AN  ACT  RELATING  TO  THE  TRANSPORTATION  OF  EXPLOSIVES. 

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

1.  Transportation  of  Explosives.  Amend  chapter  103  of 
the  Public  Laws  by  adding  after  section  34,  as  inserted  by  sec- 
tion 1,  chapter  72,  Laws  of  1935  (section  47,  chapter  119,  com- 
missioners' report)  the  following  new  section:  35.  Trans- 
portation of  Explosives.  Any  person  operating  any  motor 
vehicle  transporting  any  explosives  as  a  cargo  or  part  of  a 
cargo  upon  a  public  highway  shall  at  all  times  comply  with  the 
following  provisions : 

I.  Daylight  Transportation.  Explosives,  when  possible, 
shall  be  transported  during  daylight.  When  artificial  lights 
are  necessary,  only  electric  lights  or  electric  lanterns  may  be 
used. 

IL  Blasting  Caps.  Detonators,  blasting  caps  or  other 
dangerous  devices  used  to  set  off  dynamite  and  other  ex- 
plosives shall  not  be  carried  in  the  same  vehicle  with  said  ex- 
plosives. 

III.  Marking.  Said  vehicle  when  operated  from  one- 
half  hour  before  sunrise  to  one-half  hour  after  sunset  shall  be 
marked  or  placarded  on  each  side  and  the  rear  with  the  word 
"Explosives"  in  letters  not  less  than  three  inches  high,  on  a 
background  of  sharply  contrasting  color,  and  there  shall  be 
displayed  on  the  rear  of  such  vehicle  a  red  flag  not  less  than 


1941]  Chapter  142  211 

twenty-four  inches  square  marked  with  the  word  "Danger" 
in  white  letters  six  inches  high  with  a  one  inch  stroke. 

IV.  Fire  Precautions.  No  person  while  on  or  near  any- 
motor  vehicle  containing  any  explosive  shall  smoke,  carry 
matches  or  any  other  flame-producing  device,  firearms,  or 
loaded  cartridges.  Motor  vehicles  transporting  any  explosive 
must  not  pass  fires  of  any  kind  burning  on  or  near  the  public 
highway,  unless  after  proper  investigation  it  is  found  to  be 
safe.  Every  said  vehicle  shall  be  equipped  with  not  less  than 
two  fire  extinguishers,  filled  and  ready  for  immediate  use,  and 
placed  at  a  convenient  point  on  the  vehicle  so  used. 

V.  Loading  and  Unloading.  Explosives  for  transpor- 
tation must  be  loaded  into  and  transported  in  the  body  only 
of  the  motor  vehicles.  Motor  vehicles  must  not  be  loaded 
with  explosives  beyond  their  manufacturer's  rated  carrying 
capacities.  Packages  of  explosives  must  not  be  placed  where 
they  are  likely  to  fall  oflf  motor  vehicles;  tail  boards  must  be 
closed  and  securely  fastened  during  transportation;  and  the 
sides  and  ends  of  open-bodied  vehicles  must  also  be  high 
enough  to  prevent  any  such  package  from  falling  off  motor 
vehicles.  Bale  hooks  or  metal  tools  must  not  be  used  for  load- 
ing, unloading  or  other  handling  of  explosives.  Motor  vehicles 
with  an  open  body  must  have  explosives  loaded  therein  com- 
pletely covered  with  tarpaulin  to  protect  them  from  the 
weather  and  from  fire  or  sparks.  Before  any  explosive  is 
loaded  into  or  unloaded  from  any  motor  vehicle  the  engine  of 
the  motor  vehicle  must  be  stopped  and  the  brakes  set. 

VI.  Leaving  Driver's  Seat.  No  driver  of  any  motor 
vehicle  containing  any  explosive  shall  leave  the  driver's  seat 
until  the  motor  of  the  vehicle  is  stopped  and  the  brakes  are 
set. 

VII.  Stops  at  Crossings.  Motor  vehicles  transporting 
any  explosive  must  come  to  a  full  stop  before  crossing  any 
railroad  track  at  grade,  and  must  not  cross  the  track  until  it 
is  definitely  known  that  the  way  is  clear,  and  that  no  train, 
engine,  motor,  or  car  is  approaching.  Such  motor  vehicles 
must  also  come  to  a  full  stop  before  crossing  any  main  public 
highway,  and  must  then  proceed  with  caution. 

VIII.  Disabled  Vehicles.  Said  vehicle  in  compliance  with 
chapter  103,  section  16-c  of  the  Public  Laws  shall  display  two 
electric  flares. 


212  Chapter  142  [1941 

IX.  Trailers.  No  explosives  may  be  transported  in  any 
trailer,  nor  shall  any  trailer  be  attached  to  any  motor  vehicle 
transporting  any  explosive. 

X.  Congestion  Avoided;  Parking.  In  transporting  by 
motor  vehicle  any  explosive  all  congested  thoroughfares, 
places  where  crowds  are  assembled,  street  car  tracks,  tunnels, 
viaducts,  and  dangerous  crossings  should  be  avoided  as  much 
as  possible.  No  motor  vehicle  transporting  any  explosive 
shall  be  parked  on  any  public  street  adjacent  to  or  in  close 
proximity  to  any  dwelling  or  building  or  place  where  persons 
work,  congregate,  or  assemble.  This  does  not  apply  to  per- 
sons assisting  in  the  loading  or  unloading  of  any  motor 
vehicle. 

XI.  Additional  Regulations.  The  commissioner  is  here- 
by authorized  and  directed  to  promulgate  such  additional 
regulations  governing  the  transportation  of  explosives  and 
other  dangerous  articles  by  motor  vehicles  upon  the  highways 
as  he  shall  deem  advisable  for  the  protection  of  the  public. 

2.  Definition.  Amend  section  1,  chapter  99  of  the  Public 
Laws  (chapter  114,  commissioners'  report)  by  inserting  after 
paragraph  XXIX,  as  inserted  by  section  1,  chapter  111,  Laws 
of  1941,  the  following  new  paragraph:  XXX.  "Explosives" 
means  any  chemical  compound  or  mechanical  mixture  that  is 
commonly  used  or  intended  for  the  purpose  of  producing  an 
explosion  and  which  contains  any  oxidizing  and  combustive 
units  or  other  ingredients  in  such  proportions,  quantities,  or 
packing  that  on  ignition  by  fire,  by  friction,  by  concussion,  by 
percussion,  or  by  detonation  of  any  part  of  the  compound  or 
mixture  may  cause  such  a  sudden  generation  of  highly  heated 
gases  that  the  resultant  gaseous  pressures  are  capable  of  pro- 
ducing destructive  effects  on  contiguous  objects  or  of  destroy- 
ing life  or  limb,  but  shall  not  include  petroleum  products, 
turpentine,  acetone,  ethyl,  ether  and  benzol. 

3.  Application  of  Laws.  Whenever  the  provisions  of  this 
act  or  any  regulations  promulgated  by  the  commissioner  of 
motor  vehicles  (under  authority  hereof),  relative  to  trans- 
portation of  explosives,  shall  differ  or  be  inconsistent  with  the 
provisions  of,  or  regulations  promulgated  by  local  officials  un- 
der chapter  148  of  the  Public  Laws,  the  provisions  hereof  and 
regulations  hereunder  shall  control. 


1941]  Chapter  143  213 

4.  Exceptions.  Nothing  in  this  act  shall  be  construed  as 
affecting  the  transportation  of  military  or  naval  forces  or 
their  equipment  by  the  federal  or  the  state  government. 
Fixed  ammunition  for  small  arms,  firecrackers  or  matches 
shall  not  be  held  to  be  explosives  when  the  individual  units 
contain  any  of  the  above-mentioned  articles  in  such  limited 
quantity  or  of  such  nature  and  in  such  packing  that  it  is  im- 
possible to  produce  an  explosion  of  such  units  to  the  injury  of 
life,  limb  or  property. 

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

[Approved  June  4,  1941.] 


CHAPTER  143. 


AN  ACT  RELATIVE  TO  TERMS  OF  COURT  FOR  THE  COUNTY  OF 

CARROLL. 

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

1.  Terms  of  Superior  Court  for  Carroll  County.  Amend 
the  paragraph  relative  to  the  terms  of  the  superior  court  for 
the  county  of  Carroll,  being  a  part  of  section  1  of  chapter  318 
of  the  Public  Laws,  as  amended  by  section  1,  chapter  158, 
Laws  of  1929,  and  section  1,  chapter  121,  Laws  of  1933  (sec- 
tion 1,  chapter  362,  commissioners'  report)  by  striking  out 
the  words  "second  Tuesday  of  November"  and  inserting  in 
place  thereof  the  words,  third  Tuesday  of  October,  so  that  said 
paragraph  as  amended  shall  read  as  follows :  For  the  county 
of  Carroll :  At  Ossipee  on  the  third  Tuesday  of  May  and  the 
third  Tuesday  of  October. 

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

[Approved  June  4,  1941.] 


214  Chapters  144,  145  [1941 

CHAPTER  144. 

AN  ACT  RELATIVE  TO  DESTRUCTION  OF  CERTAIN  RECORDS  IN  THE 
DEPARTMENT  OF  THE  STATE  BOARD  OF  HEALTH. 

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

1.  State  Board  of  Health.  Amend  chapter  125  of  the 
Public  Laws  (chapter  145,  commissioners'  report)  by  insert- 
ing after  section  8  the  following  new  section:  8-a.  Destruc- 
tion of  Certain  Records.  The  state  board  of  health  may  de- 
stroy, at  the  end  of  ten  years  from  the  date  of  filing,  reports, 
records  and  other  documents  in  its  office  which  in  its  opinion 
are  no  longer  of  any  value  to  the  state,  provided  that  records 
relative  to  births,  marriages,  divorces,  deaths,  lunacy,  feeble- 
minded and  tuberculosis  shall  not  be  destroyed  under  the  pro- 
visions hereof. 

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

[Approved  June  4,  1941.] 


CHAPTER  145. 

AN  ACT  PROVIDING  FOR  AIRPORT  ZONING. 

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

1.    Definitions.    As  used  in  this   act,   unless  the   context 
otherwise  requires: 

I.  "Airport"  means  any  area  of  land  or  water  designed 
for  the  landing  and  taking-off  of  aircraft  and  utilized  or  to  be 
utilized  by  the  public  as  a  point  or  arrival  or  departure  by  air. 

II.  "Airport  hazard"  means  any  structure  or  tree  which 
obstructs  the  aerial  approaches  of  a  publicly-owned  airport. 

III.  An  airport  is  "publicly-owned"  if  the  portion  there- 
of used  for  the  landing  and  taking-off  of  aircraft  is  owned  by 
a  governmental  body,  political  subdivision,  public  agency,  or 
other  public  corporation. 

IV.*     "Director"  means  the  state  director  of  aeronautics. 

V.     "Person"  means  any  individual,  firm,  co-partnership, 

corporation,  company,  association,  joint  stock  association  or 


*  Amended  by  section  40,  chapter  199,  post. 


1941]  Chapter  145  215 

body  politic,  and  includes  any  trustee,  receiver,  assignee,  or 
other  similar  representative  thereof. 

VI.  "Structure"  means  any  object  constructed  or  in- 
stalled by  man,  including  such  objects  although  regulated  or 
licensed  by  other  provisions  of  law. 

VII.  "Tree"  means  any  object  of  natural  growth. 

2.  Airport  Hazards  Not  in  Public  Interest.  It  is  hereby 
found  and  declared  that  an  airport  hazard  endangers  the  lives 
and  property  of  users  of  the  airport  and  of  occupants  of  land 
in  its  vicinity,  and  also,  if  of  the  obstruction  type,  in  effect 
reduces  the  size  of  the  area  available  for  the  landing,  taking- 
off  and  maneuvering  of  aircraft,  thus  tending  to  destroy  or 
impair  the  utility  of  the  airport  and  the  public  investment 
therein,  and  is  therefore  not  in  the  interest  of  the  public 
health,  public  safety,  or  general  welfare. 

3.  Preparation  of  Airport  Approach  Plans.  The  director 
is  hereby  empowered  and  directed  to  formulate  and  adopt, 
and  from  time  to  time  as  may  be  necessary  revise,  an  airport 
approach  plan  for  each  publicly-owned  airport  in  the  state. 
Each  such  plan  shall  indicate  the  circumstances  in  which 
structures  and  trees  are  or  would  be  airport  hazards,  the  area 
within  which  measures  for  the  protection  of  the  airport's 
aerial  approaches  should  be  taken,  and  what  the  height  limits 
and  other  objectives  of  such  measures  should  be.  In  adopt- 
ing or  revising  any  such  plan,  the  director  shall  consider, 
among  other  things,  the  character  of  the  flying  operations  ex- 
pected to  be  conducted  at  the  airport,  the  nature  of  the 
terrain,  the  height  of  existing  structures  and  trees  above  the 
level  of  the  airport,  and  the  practicability  of  lowering  or  re- 
moving existing  obstructions,  and  all  other  material  matters, 
and  the  director  may  obtain  and  consider  the  views  of  the 
agency  of  the  federal  government  charged  with  the  fostering 
of  civil  aeronautics,  as  to  the  aerial  approaches  necessary  to 
safe  flying  operations  at  the  airport. 

4.  Adoption  of  Airport  Zoning  Regulations. 

I.  Every  town  having  within  its  territorial  limits  an 
area  within  which,  according  to  an  airport  approach  plan 
adopted  by  the  director,  measures  should  be  taken  for  the  pro- 
tection of  airport  approaches,  shall  adopt,  administer,  and  en- 
force, under  the  police  power  and  in  the  manner  and  upon  the 


216  Chapter  145  [1941 

conditions  hereinafter  prescribed,  airport  zoning  regulations 
applicable  to  such  area,  which  regulations  shall  divide  the 
area  into  zones,  and,  within  such  zones,  specify  the  land  uses 
permitted,  and  regulate  and  restrict  the  height  to  which 
structures  and  trees  may  be  erected  or  allowed  to  grow,  as 
may  be  necessary  to  effectuate  the  director's  approach  plan 
for  the  airport. 

II.  In  the  event  that  a  town  has  adopted,  or  hereafter 
adopts,  a  general  zoning  ordinance  regulating,  among  other 
things,  the  height  of  buildings,  any  airport  zoning  regulations 
adopted  for  the  same  area  or  portion  thereof  under  this  act, 
may  be  incorporated  in  and  made  a  part  of  such  general  zon- 
ing regulations,  and  be  administered  and  enforced  in  con- 
nection therewith,  but  such  general  zoning  regulations  shall 
not  limit  the  effectiveness  or  scope  of  the  regulations  adopted 
under  this  act. 

III.  Any  zoning  or  other  regulations  applicable  to  any 
area  within  which,  according  to  an  airport  approach  plan 
adopted  by  the  director,  measures  should  be  taken  for  the  pro- 
tection of  airport  approaches,  including  not  only  any  airport 
zoning  regulations  adopted  under  this  act  but  any  zoning  or 
other  regulations  dealing  with  the  same  or  similar  matters, 
that  have  been  or  may  be  adopted  under  authority  other  than 
that  conferred  by  this  act,  shall  be  consistent  with,  and  con- 
form to,  the  director's  approach  plan  for  such  area,  and  shall 
be  amended  from  time  to  time  as  may  be  necessary  to  conform 
to  any  revision  of  the  plan  that  may  be  made  by  the  director. 

IV.  All  airport  zoning  regulations  adopted  under  this 
act  shall  be  reasonable,  and  none  shall  require  the  removal, 
lowering,  or  other  change  or  alteration  of  any  structure  or 
tree  not  conforming  to  the  regulations  when  adopted  or 
amended,  or  otherwise  interfere  with  the  continuance  of  any 
non-conforming  use,  except  as  provided  in  paragraph  I  of 
section  5. 

V.  If  any  city  or  town  fails  to  adopt  within  a  reasonable 
time  airport  zoning  regulations  the  director  may,  for  the 
protection  of  the  public  safety,  adopt  and  from  time  to  time  as 
may  be  necessary  amend  or  repeal  such  regulations  for  such 
city  or  town  until  airport  zoning  regulations  herein  provided 
for  are  adopted  by  such  city  or  town. 


1941]  Chapter  145  217 

5.    Permits  and  Variances. 

I.  Permits.  Where  advisable  to  facilitate  the  enforce- 
ment of  zoning  regulations  adopted  pursuant  to  this  act,  a 
system  may  be  established  for  granting  permits  to  establish 
or  construct  new  structures  and  other  uses  and  to  replace  ex- 
isting structures  and  other  uses  or  make  substantial  changes 
therein  or  substantial  repairs  thereof.  In  any  event,  before 
any  non-conforming  structure  or  tree  may  be  replaced,  sub- 
stantially altered  or  repaired,  rebuilt,  allowed  to  grow  higher, 
or  replanted,  a  permit  must  be  secured  from  the  adminis- 
trative agency  authorized  to  administer  and  enforce  the 
regulations,  authorizing  such  replacement,  change  or  repair. 
No  such  permit  shall  be  granted  that  would  allow  the  struc- 
ture or  tree  in  question  to  be  made  higher  or  become  a  greater 
hazard  to  air  navigation  than  it  was  when  the  applicable 
regulation  was  adopted;  and  whenever  the  administrative 
agency  determines  that  a  non-conforming  structure  or  tree 
has  been  abandoned  or  more  than  eighty  per  cent  torn  down, 
destroyed,  deteriorated,  or  decayed:  (a)  no  permit  shall  be 
granted  that  would  allow  said  structure  or  tree  to  exceed  the 
applicable  height  limit  or  otherwise  deviate  from  the  zoning 
regulations  but  a  permit  shall  be  issued  as  of  right  if  the 
structure  as  erected  or  altered  is  in  conformance  with  the 
regulations  or  will  not  constitute  a  greater  hazard  than  the 
structure  that  is  replaced  or  altered;  and  (b)  whether  appli- 
cation is  made  for  a  permit  under  this  paragraph  or  not,  the 
said  agency  may  by  appropriate  action  compel  the  owner  of 
the  non-conforming  structure  or  tree  to  lower,  remove,  re- 
construct, or  equip  such  object  as  may  be  necessary  to  con- 
form to  the  regulations.  Except  as  indicated,  all  applications 
for  permits  for  replacement,  change  or  repair  of  non-conform- 
ing uses  shall  be  granted. 

II.  Variances.  Any  person  desiring  to  erect  any 
structure,  or  increase  the  height  of  any  structure,  or  permit 
the  growth  of  any  tree,  or  otherwise  use  his  property,  in 
violation  of  airport  zoning  regulations  adopted  under  this  act, 
may  apply  to  the  board  of  appeals,  as  provided  herein,  for  a 
variance  from  the  zoning  regulations  in  question.  Such 
variances  shall  be  allowed  where  a  literal  application  or  en- 
forcement of  the  regulations  would  result  in  practical  difficulty 
or  unnecessary  hardship  and  the  relief  granted  would  not  be 


218  Chapter  145  [1941 

contrary  to  the  public  interest  but  do  substantial  justice  and 
be  in  accordance  with  the  spirit  of  the  regulations. 

Ill,  Obstruction  Marking  and  Lighting.  In  granting 
any  permit  or  variance  under  this  section,  the  administrative 
agency  or  board  of  appeals  may,  if  it  deems  such  action  advis- 
able to  effectuate  the  purposes  of  this  act  and  reasonable  in 
the  circumstances,  so  condition  such  permit  or  variance  as  to 
require  the  owner  of  the  structure  or  tree  in  question  to  per- 
mit the  political  subdivision,  at  its  own  expense,  to  install, 
operate,  and  maintain  suitable  obstruction  markers  and 
obstruction  lights  thereon. 
6.     Procedure. 

I.  Adoption  of  Zoning  Regulations.  No  airport 
zoning  regulations  shall  be  adopted,  amended,  or  changed  un- 
der this  act  except  by  action  of  the  legislative  body  of  the 
town  in  question,  after  a  public  hearing  in  relation  thereto,  at 
which  parties  in  interest  and  citizens  shall  have  an  oppor- 
tunity to  be  heard.  At  least  fifteen  days'  notice  of  the  hearing 
shall  be  published  in  an  official  paper,  or  a  paper  of  general 
circulation,  in  the  political  subdivision. 

II.  Administration  of  Zoning  Regulations  ;  Adminis- 
trative Agency.  The  legislative  body  of  any  town  adopting 
airport  zoning  regulations  under  this  act  may  delegate  the 
duty  of  administering  and  enforcing  such  regulations  to  any 
administrative  agency  under  its  jurisdiction,  but  such  ad- 
ministrative agency  shall  not  be  or  include  any  member  of  the 
board  of  appeals.  The  duties  of  such  administrative  agency 
shall  include  that  of  hearing  and  deciding  all  permits  under 
paragraph  I  of  section  5,  but  such  agency  shall  not  have  or 
exercise  any  of  the  powers  delegated  to  the  board  of  appeals. 

III.  Board  of  Appeals.  Airport  zoning  regulations 
adopted  under  this  act  shall  provide  for  appointment  of  a 
board  of  appeals  to  have  and  exercise  the  following  powers: 

(a)  To  hear  and  decide  appeals  from  any  order,  require- 
ment, decision,  or  determination  made  by  the  administrative 
agency  in  the  enforcement  of  this  act  or  of  any  ordinance 
adopted  pursuant  thereto; 

(b)  To  hear  and  decide  special  exceptions  to  the  terms 
of  the  ordinance  upon  which  such  board  may  be  required  to 
pass  under  such  ordinance; 

(c)  To  hear  and  decide  specific  variances  under  para- 
graph II  of  section  5. 


1941]  Chapter  145  219 

Where  a  zoning  board  of  adjustment  already  exists,  it 
may  be  appointed  as  the  board  of  appeals.  Otherwise,  the 
board  of  appeals  shall  consist  of  five  members,  each  to  be 
appointed  for  a  term  of  three  years  and  to  be  removable  for 
cause  by  the  appointing  authority  upon  written  charges  and 
after  public  hearing. 

7.  Applications  of  Laws.  The  powers  and  duties  of  the 
board  of  adjustment  as  set  forth  in  sections  56  to  65  of  chapter 
42  of  the  Public  Laws,  inclusive,  as  amended  by  section  2, 
chapter  36  of  the  Laws  of  1933,  shall  apply  to  the  board  of 
appeals  hereunder  and  the  procedure  for  appeals  as  set  forth 
in  said  sections  shall  be  applicable  to  appeals  under  the  pro- 
visions hereof. 

8.  Enforcement  and  Remedies.  Each  violation  of  this  act 
or  of  any  regulation,  order,  or  ruling  promulgated  or  made 
pursuant  to  this  act,  shall  constitute  a  misdemeanor  and  shall 
be  punishable  by  a  fine  of  not  more  than  twenty-five  dollars 
or  imprisonment  for  not  more  than  sixty  days  or  by  both  such 
fine  and  imprisonment,  and  each  day  a  violation  continues  to 
exist  shall  constitute  a  separate  offense.  In  addition,  either 
the  town  within  which  the  property  is  located  or  the  director 
may  institute  in  any  court  of  competent  jurisdiction,  an  action 
to  prevent,  restrain,  correct  or  abate  any  violation  of  this  act, 
or  of  airport  zoning  regulations  adopted  under  this  act,  or  of 
any  order  or  ruling  made  in  connection  with  their  administra- 
tion or  enforcement,  and  the  court  shall  adjudge  to  the  plain- 
tiff such  relief,  by  way  of  injunction  (which  may  be  manda- 
tory) or  otherwise,  as  may  be  proper  under  all  the  facts  and 
circumstances  of  the  case,  in  order  fully  to  effectuate  the  pur- 
pose of  this  act  and  of  the  regulations  adopted  and  orders  and 
rulings  made  pursuant  thereto. 

9.  Acquisition  of  Air  Rights.  In  any  case  in  which:  (1) 
it  is  desired  to  remove,  lower,  or  otherwise  terminate  a  non- 
conforming use;  or  (2)  the  approach  protection  necessary 
according  to  the  director's  airport  approach  plan  cannot,  be- 
cause of  constitutional  limitations,  be  provided  by  airport 
zoning  regulations  under  this  act;  or  (3)  it  appears  advisable 
that  the  necessary  approach  protection  be  provided  by 
acquisition  of  property  rights  rather  than  by  airport  zoning 
regulations,  the  town  within  which  the  property  or  non-con- 
forming use  is  located,  the  town  owning  the  airport  or  served 


220  Chapter  146  [1941 

by  it,  or  the  governor  and  council,  upon  recommendation  of 
the  director,  may  acquire,  by  purchase,  grant,  or  condemnation 
in  the  manner  provided  by  law  by  which  towns  or  the  gov- 
ernor and  council  are  authorized  to  acquire  real  property  for 
public  purposes,  such  an  air  right,  easement,  or  other 
estate  or  interest  in  the  property  or  non-conforming  use  in 
question,  and  so  may  acquire  a  substitute  property,  structure 
and  easement  and  convey  the  same  to  anyone  whose  struc- 
tures, easements  and  property  are  or  may  be  a  non-con- 
forming use,  as  may  be  necessary  to  effectuate  the  purposes  of 
this  act. 

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

11.  Short  Title.  This  act  shall  be  known  and  may  be  cited 
as  the  "Model  Airport  Zoning  Act". 

12.  Time  of  Taking  Effect.  This  act  shall  take  effect  upon 
its  passage. 

[Approved  June  4,  1941.] 


CHAPTER  146. 

AN  ACT  CREATING  A  COMMISSION  TO  STUDY  THE  ELECTION  LAWS. 

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

1.  Organization.  There  is  hereby  created  an  interim  com- 
mission on  election  laws  consisting  of  five  members  to  be 
appointed  by  the  governor  with  the  advice  and  consent  of  the 
council.  No  more  than  three  of  said  members  shall  belong  to 
thB  same  political  party,  and  the  chairman  of  said  commission 
shall  be  designated  by  the  governor.  Vacancies  shall  be  filled 
in  the  same  manner  as  the  original  appointments.  It  shall  be 
the  duty  of  the  commission  to  investigate,  study  and  examine 
the  existing  primary  and  election  laws,  the  laws  relating  to 
the  registration  of  voters,  and  the  operation  of  such  laws, 
and  to  recommend  such  changes  and  revision  of  said  laws  as 
appear  desirable.     The  report  of  the  commission  shall  be  filed 


1941]  Chapter  147  221 

with  the  secretary  of  state  prior  to  the  biennial  legislative 
session  of  1943  and  such  distribution  of  said  report  shall  be 
made  as  the  governor  may  order.  The  authority  of  the  com- 
mission shall  terminate  upon  the  filing  of  said  report.  The 
members  of  the  commission  shall  serve  without  pay  but  shall 
be  allowed  actual  expenses  incurred  in  the  performance  of 
their  duties. 

2.  Appropriation.  There  is  hereby  appropriated  for  the 
purposes  hereof  the  sum  of  five  hundred  dollars  or  so  much 
thereof  as  may  be  necessary  and  the  governor  is  hereby 
authorized  to  draw  his  warrant  for  said  sum  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

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

[Approved  June  5,  1941.] 


CHAPTER  147. 


AN     ACT     RELATING     TO     THE    DISCONTINUANCE     OF     RAILROAD 

SERVICE. 

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

1.  Powers  of  Public  Service  Commission.  Amend  chapter 
238  of  the  Public  Laws  (chapter  278,  commissioners'  report) 
by  inserting  after  section  22  the  following  new  section :  22-a. 
Railroads,  Service.  No  railroad  shall  discontinue  or  curtail 
any  part  of  its  service  to  the  public  afforded  by  its  regular 
passenger  trains  or  at  its  stations  without  notice  to  the  com- 
mission and  such  notice  to  the  public  as  the  commission  may 
direct.  Upon  complaint,  or  upon  its  own  motion,  the  commis- 
sion may  investigate  the  reasonableness  of  the  proposed 
change  in  service  and,  after  hearing,  may  determine  whether 
the  proposed  change  in  service  is  consistent  with  the  public 
good,  and  may  by  order  prescribe  the  service  which  shall 
thereafter  be  rendered.  If  the  commission  so  directs,  no 
change  in  the  service  rendered  by  the  railroad  shall  be  made 
pending  the  decision  of  the  commission  in  any  such  proceed- 
ings; provided,  however,  that  such  obligation  to  continue  the 
service  shall  be  operative  for   a  period   not   exceeding   sixty 


222  Chapter  148  [1941 

days  after  the  close  of  such  hearings  as  may  be  held  by  the 
commission. 

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

[Approved  June  5,  1941.] 


CHAPTER  148. 


AN    ACT    CONFERRING    AUTHORITY    UPON    THE    PUBLIC    SERVICE 
COMMISSION  TO  ESTABLISH  TEMPORARY  RATES. 

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

1.  Temporary  Rates.  In  any  proceeding  involving  the 
rates  of  a  public  utility  brought  either  upon  motion  of  the 
public  service  commission  or  upon  complaint,  the  commission 
may,  after  reasonable  notice  and  hearing,  if  it  be  of  the 
opinion  that  the  public  interest  so  requires,  immediately  fix, 
determine,  and  prescribe  for  the  duration  of  said  proceeding, 
reasonable  temporary  rates;  provided  however  that  such 
temporary  rates  shall  be  sufficient  to  yield  not  less  than  a 
reasonable  return  on  the  cost  of  the  property  of  the  utility 
used  and  useful  in  the  public  service  less  accrued  depreciation, 
as  shown  by  the  reports  of  the  utility  filed  with  the  com- 
mission. 

2.  Adjustment.  Temporary  rates  so  fixed,  determined, 
and  prescribed  under  this  act  shall  be  effective  until  the  final 
determination  of  the  rate  proceeding,  unless  terminated 
sooner  by  the  commission.  In  every  proceeding  in  which 
temporary  rates  are  fixed,  determined,  and  prescribed  under 
this  act,  the  commission  shall  consider  the  effect  of  such  rates 
in  fixing,  determining,  and  prescribing  rates  to  be  thereafter 
demanded  or  received  by  such  public  utility  on  final  determi- 
nation of  the  rate  proceeding.  If,  upon  final  disposition  of 
the  issues  involved  in  such  proceeding,  the  rates  as  finally 
determined,  are  in  excess  of  the  rates  prescribed  in  such 
temporary  order,  then  such  public  utility  shall  be  permitted 
to  amortize  and  recover,  by  means  of  a  temporary  increase 
over  and  above  the  rates  finally  determined,  such  sum  as  shall 
represent  the  difference  between  the  gross  income  obtained 
from  the  rates  prescribed  in  such  temporary  order  and  the 


1941]  Chapters  149,  150  223 

gross  income  which  would  have  been  obtained  under  the  rates 
finally  determined  if  applied  during  the  period  such  temporary- 
order  was  in  effect. 

3.  Appeals.  Procedure  to  be  followed  in  connection  with 
appeals  shall  be  in  accordance  with  Public  Laws,  chapter  239 
and  amendments  thereto. 

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

[Approved  June  5,  1941.] 


CHAPTER  149. 


AN   ACT  RELATIVE  TO  THE  SALARY  OF  THE   SECRETARY   OF  THE 
STATE  BOARD  OF  HEALTH. 

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

1.  Secretary  of  State  Board  of  Health.  Amend  section  12 
of  chapter  125  of  the  Public  Laws  (section  13,  chapter  145, 
commissioners'  report)  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  12.  Salary.  The 
salary  of  the  secretary  shall  be  four  thousand  dollars  a  year. 
Notwithstanding  the  provisions  of  any  other  law  said  secre- 
tary shall  not  be  entitled  to  any  other  state  compensation  for 
official  duties  as  such  secretary  or  for  duties  in  connection 
with  the  board  of  registration  in  medicine  or  any  other  state 
board  of  which  he  may  be  an  appointive  or  ex-officio  member. 

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

[Approved  June  5,  1941.] 


CHAPTER  150. 


AN  ACT  ABOLISHING  CAUSES  OF  ACTION  FOR  BREACH  OF  CONTRACT 

TO  MARRY. 

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

1.  Limitation  of  Actions.  Amend  chapter  329  of  the 
Public  Laws  (chapter  375,  commissioners'  report)  by  adding 
at  the  end  thereof  the  following  new  section :     11.     Breach  of 


224  Chapter  151  [1941 

Contract  to  Marry.  Breach  of  contract  to  marry  shall  not 
constitute  an  injury  or  wrong  recognized  by  law,  and  no  action, 
suit,  or  proceeding-  shall  be  maintained  therefor. 

2.  Takes  Effect;  Application.  This  act  shall  take  effect 
October  1,  1941,  but  shall  not  affect  any  action  to  recover 
damages  for  breach  of  contract  to  marry  which  shall  have 
been  commenced  prior  to  said  date,  nor  shall  it  affect  any 
other  cause  of  action  to  recover  damages  as  aforesaid  which 
shall  have  accrued  prior  to  said  date  if  action  to  recover  the 
same  is  commenced  prior  to  the  expiration  of  ninety  days 
after  said  date,  nor  shall  it  affect  any  cause  of  action  accruing 
on  or  after  said  date  to  recover  damages  for  breach  of  any 
contract  to  marry  entered  into  prior  to  said  date  if  action  to 
recover  the  same  is  commenced  prior  to  the  expiration  of 
ninety  days  after  the  accrual  of  the  cause  of  action. 

[Approved  June  5,  1941.] 


CHAPTER  151. 

AN  ACT  RELATING  TO  THE  PRACTICE  OF  DENTISTRY. 

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

1.  Dentistry.  Amend  section  18,  chapter  205,  Public 
Laws  (section  17,  chapter  242,  commissioners'  report)  by  add- 
ing at  the  end  thereof  the  following:  or  a  general  hospital 
and  under  the  supervision  of  a  registered  dentist,  so  that  said 
section  as  amended  shall  read  as  follows:  18.  Practice.  A 
person  shall  be  regarded  as  practicing  dentistry  within  the 
meaning  of  this  chapter  who  shall  treat  or  profess  to  treat 
any  of  the  diseases  or  lesions  of  human  teeth  or  jaws,  or  ex- 
tract human  teeth,  or  shall  prepare  or  fill  cavities  in  human 
teeth,  or  correct  the  malposition  of  human  teeth,  or  supply 
artificial  teeth  as  substitutes  for  natural  human  teeth,  or 
administer  anaesthetics  or  use  or  prescribe  drugs  and  other 
remedies  in  connection  with  any  such  work;  provided,  that 
nothing  herein  shall  prevent  regularly  licensed  physicians  or 
surgeons  from  extracting  human  teeth  or  administering 
anaesthetics,  or  using  or  prescribing  drugs  and  other 
remedies;  nor  shall  it  prevent  students  from  performing 
dental   operations   under   the   supervision   of   competent    in- 


1941]  Chapter  152  225 

structors  within  a  dental  school,  college  or  dental  department 
of  a  university  recognized  by  said  board  or  a  general  hospital 
and  under  the  supervision  of  a  registered  dentist. 

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

[Approved  June  5,  1941.] 


CHAPTER  152. 


AN  ACT  RELATIVE  TO  PAYMENT  OF  FINES  AND  COSTS  IN  MOTOR 
VEHICLE  VIOLATIONS,  AND  CERTAIN  OTHER  VIOLATIONS 

OF  LAW. 

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

1.  Municipal  Courts.  Amend  section  11  of  chapter  134  of 
the  Laws  of  1937,  as  amended  by  chapter  198,  Laws  of  1939 
(section  10,  chapter  144,  commissioners'  report)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
11.  Disposition  of  Rewards.  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  prop- 
erty, received  by  or  payable  to  any  employee,  shall  be  paid  by 
him  to  the  commissioner  of  motor  vehicles  who  shall  im- 
mediately forward  the  same  to  the  state  treasurer.  All  fines 
and  costs  assessed  against  any  violator  of  law  apprehended 
or  prosecuted  by  a  police  employee,  except  such  as  may  be 
assessed  against  persons  committing  or  attempting  to  commit 
a  felony  and  except  such  costs  as  may  be  assessed  under 
section  20,  chapter  322  of  the  Public  Laws,  shall  be  sent, 
except  as  hereinafter  provided,  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  in- 
formation as  he  may  direct  relative  to  said  fees,  fines  and 
costs.  In  case  of  fines  collected  hereunder  by  a  municipal 
court  which  would  under  the  provisions  hereof  be  payable  to 
the  commissioner  of  motor  vehicles  the  municipal  court  shall, 
before  forwarding,  deduct  therefrom  ten  per  cent  of  said  fines 
and  shall  forward  the  same  to  the  town  treasurer  of  the  town 


226  Chapter  153  [1941 

wherein  said  court  is  located.  The  sums  so  paid  into  the 
town  treasury  shall  be  used  for  expenses  of  the  municipal 
court  and  any  balance  thereof  shall  be  for  the  use  of  the  town. 

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

[Approved  June  6,  1941.] 


CHAPTER  153. 


AN    ACT    RELATING    TO    THE    NOMINATION    OF    CANDIDATES    BY 

PETITION. 

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

1.  Elections.  Amend  section  57,  chapter  25  of  the  Public 
Laws  (section  61,  chapter  33,  commissioners'  report)  by  strik- 
ing out  the  entire  section  and  inserting  in  place  thereof  the 
following:  57.  Nomination  Papers.  The  nomination  of  a 
candidate  may  be  made  by  petition,  styled  nomination  papers. 
Such  papers  shall  contain  the  name  and  residence  of  the  candi- 
date, the  office  for  which  he  is  nominated,  the  political  party 
or  principles  he  represents,  and  shall  be  signed  by  such  per^ 
sons  only  as  are  qualified  to  vote  at  the  election  of  the  candi- 
dates named  in  the  petition.  No  voter  shall  sign  more  than 
one  nomination  paper  for  each  officer  to  be  voted  for,  and  no 
nomination  paper  shall  contain  the  names  of  more  candidates 
than  there  are  offices  to  be  filled.  Each  voter  shall  sign  an 
individual  petition  and  directly  above  the  place  for  signature 
of  the  voter  there  shall  appear  in  heavy  black  type,  the  follow- 
ing affidavit:  I  do  solemnly  affirm  under  the  penalties  of 
perjury  that  I  have  read  this  petition  or  that  it  has  been  read 
to  me,  and  that  I  understand  the  contents  thereof.  The  signa- 
ture of  the  voter  to  such  petition  and  affidavit  shall  have  the 
same  effect  as  if  the  affidavit  had  been  made  in  the  presence 
of  an  officer  authorized  to  administer  oaths. 

2.  Duty  of  Supervisors.  Amend  section  58  of  chapter  25 
of  the  Public  Laws  (section  62,  chapter  33,  commissioners' 
report)  by  striking  out  the  entire  section  and  inserting  in 
place  thereof  the  following:  58.  Certification.  Each  nomi- 
nation paper  shall  be  submitted  to  a  majority  of  the  super- 
visors of  the  check-list  of  the  town  or  ward  in  which  the 


1941]  Chapters  154,  155  227 

signer  resides,  and  they  shall  certify  whether  or  not  the  signer 
is  a  legal  voter  in  said  town  or  ward. 

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

[Approved  June  6,  1941.] 


CHAPTER  154. 

AN  ACT  RELATING  TO  MUNICIPAL  FINANCES. 

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  payable 
on  demand,  overdue  notes  issued  in  anticipation  of  taxes,  or 
which  has  used  the  principal  of  trust  funds  and  has  not  re- 
stored 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  1941  and  1942,  and  shall  borrow  not  exceed- 
ing in  the  aggregate  the  amount,  if  any,  required  for  paying 
the  balance  of  such  notes  and  restoring  the  balance  of  such 
trust  funds,  and  issue  bonds  or  notes  therefor  payable  serially 
in  the  manner  provided  in  chapter  59  of  the  Public  Laws 
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  1941  or  1942. 

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

[Approved  June  10,  1941.] 


CHAPTER  155. 

AN  ACT  RELATIVE  TO  PARI  MUTUEL  POOLS. 

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

1.  Extension  of  Act.  Amend  section  14,  chapter  27,  Laws 
of  1935,  as  amended  by  section  1,  chapter  15,  Laws  of  1939 
(section  15,  chapter  168,  commissioners'  report)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 


228  Chapter  156  [1941 

14.  Pari  Mutuel  Pools.  Within  the  enclosure  of  any  race 
track  where  is  held  a  race  or  race  meet  licensed  and  con- 
ducted under  this  chapter,  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  author- 
ized during  the  calendar  years  1941  to  1944,  inclusive.  Com- 
missions on  such  pools  shall  in  no  event  and  at  no  track  ex- 
ceed eleven  per  cent  of  each  dollar  wagered,  plus  the  odd  cents 
of  all  redistribution  to  be  based  on  each  dollar  wagered  ex- 
ceeding 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  treas- 
urer for  the  use  of  the  state  in  accordance  with  the  provisions 
of  section  2.  Said  maximum  shall  include  the  four  and  one- 
half  per  cent  tax  hereinafter  prescribed. 

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

[Approved  June  10,  1941.] 


CHAPTER  156. 


AN  ACT  RELATIVE  TO  THE  SERVICE  OF  PROCESS  AGAINST  MOTOR 
VEHICLE  OPERATORS. 

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

1.  Motor  Vehicle  Operators.  Amend  section  33,  chapter 
100,  Public  Laws,  as  amended  by  section  1,  chapter  73,  Laws 
of  1929,  section  2,  chapter  104,  Laws  of  1933,  (section  42, 
chapter  116,  commissioners'  report)  by  adding  thereto  the 
following:  In  the  event  that  the  notice  and  copy  of  the 
process  are  not  delivered  to  the  defendant  the  superior  court 
may  order  such  additional  notice,  if  any,  as  justice  may  re- 
quire; so  that  said  section  as  amended  shall  read  as  follows: 
42.  [33]  Service  of  Process.  Service  of  such  process  shall 
be  made  by  leaving  a  copy  thereof  with  a  fee  of  two  dollars  in 
the  hands  of  the  commissioner  or  in  his  office,  and  such 
service  shall  be  sufficient,  provided  that  notice  thereof  and  a 
copy  of  the  process  are  forthwith  sent  by  registered  mail  by 
the  plaintiff  or  his  attorney  to  the  defendant,  and  the  de- 
fendant's return  receipt  and  the  affidavit  of  the  plaintiff  or 


1941]  Chapter  157  229 

his  attorney  of  compliance  therewith  are  appended  to  the  writ 
and  entered  therewith.  In  the  event  that  the  notice  and  copy 
of  the  process  are  not  dehvered  to  the  defendant  the  superior 
court  may  order  such  additional  notice,  if  any,  as  justice  may 
require. 

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

[Approved  June  10,  1941.] 


CHAPTER  157. 

AN  ACT  RELATING  TO  SERVICE  EXEMPTIONS. 

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

1.  Taxation.  Amend  section  26,  chapter  60,  Public  Laws 
(section  28,  chapter  73,  commissioners'  report)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
26.  Service  Exemption.  Every  soldier,  sailor  or  marine  who 
is  a  resident  of  this  state  and  who  served  for  thirty  days  or 
more  in  any  war  in  which  the  United  States  has  been  engaged 
and  received  an  honorable  discharge  from  the  service  of  the 
United  States  in  such  war,  and  the  wife  or  widow  of  any  such 
soldier,  sailor  or  marine,  in  consideration  or  recognition  of 
such  service,  shall  be  exempt  each  year  from  taxation  upon 
his  taxable  property  to  the  value  of  one  thousand  dollars; 
provided  that  before  April  fifteenth  of  each  year  he  shall  file 
with  the  selectmen  or  assessors  his  application  therefor,  un- 
der oath,  on  blanks  prescribed  by  the  state  tax  commission, 
showing  that  he  and  his  wife  do  not  own  property,  exclusive 
of  any  bona  fide  encumbrances  thereon,  to  the  value  of  five 
thousand  dollars.  In  case  such  soldier,  sailor  or  marine  shall 
satisfy  the  selectmen  or  assessors  that  he  was  prevented  from 
filing  said  statement  through  accident,  mistake  or  misfortune, 
said  selectmen  or  assessors  may  receive  such  statement  at  a 
later  date  and  grant  an  exemption  thereunder.  In  case  such 
soldier,  sailor  or  marine  shall  own  taxable  property  in  more 
than  one  town  he  shall  take  his  exemption  first  in  the  town 
where  he  resides.  If  he  does  not  own  one  thousand  dollars  in 
value  of  taxable  property  in  the  town  where  he  resides,  he 


230  Chapters  158,  159  [1941 

shall  be  entitled  to  take  the  balance  of  such  exemption  in  any 
other  town  in  the  state  where  he  owns  taxable  property. 

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

[Approved  June  10,  1941.] 


CHAPTER  158. 

AN  ACT  RELATING  TO  WORKMEN'S  COMPENSATION. 

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

1.  Workmen's  Compensation.  Amend  section  13  of 
chapter  178  of  the  Public  Laws,  as  amended  by  chapter  40  of 
the  Laws  of  1933  (section  14,  chapter  209,  commissioners'  re- 
port) by  striking  out  the  word  "thirty"  and  inserting  in  place 
thereof  the  word,  sixty,  so  that  said  section  as  amended  shall 
read  as  follows;  13.  Remedial  Care.  During  the  first  sixty 
days  after  an  injury  to  an  employee,  an  employer  who  has 
accepted  the  compensation  provisions  of  this  chapter  shall 
furnish  to  the  employee,  or  cause  to  be  furnished,  free  of 
charge,  reasonable  medical  and  hospital  services  or  other 
remedial  care  when  needed,  unless  the  injured  employee  shall 
decline  or  refuse  to  allow  them  to  be  furnished.  Such  aid  shall 
not  be  considered  under  the  provisions  of  section  22. 

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

[Approved  June  10,  1941.] 


CHAPTER  159. 


AN  ACT  PROHIBITING  CERTAIN   EMPLOYMENT   OF  ELECTED  CITY 

OFFICIALS. 

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

1.  City  Officials.  Amend  chapter  54  of  the  Public  Laws 
(chapter  66,  commissioners'  report)  by  inserting  after  sec- 
tion 2  the  following  new  section:  2-a.  Prohibition.  No 
publicly  elected  official  of  a  city,  except  school  district  officers, 
who   as   such   official  is  authorized  to  appropriate  or  expend 


1941]  Chapter  160  231 

public  funds  shall  be  employed  during  the  term  for  which  he 
is  elected  by  any  department,  board  or  commission  of  the  city 
in  any  other  capacity  or  in  any  other  position  of  employment 
where  compensation  is  allowed,  except  as  justice  or  clerk  of 
the  municipal  court;  provided  that  in  case  any  city  charter, 
at  the  time  this  act  takes  effect,  provides  specifically  that  cer- 
tain elected  officials  may  be  employed  in  other  specified  em- 
ployments, or  positions,  contrary  to  the  provisions  of  this 
section,  the  provisions  of  said  charter  shall  prevail.  Upon 
the  acceptance  of  any  such  prohibited  employment  by  a 
pubhcly  elected  official,  as  prohibited  herein,  the  elective  office 
shall  forthwith  become  vacant  and  shall  be  filled  as  provided 
by  law. 

2.  Saving  Clause.  This  act  shall  not  affect  any  present 
publicly  elected  city  official  until  the  term  of  office  for  which 
such  official  has  been  elected  expires. 

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

[Approved  June  10,  1941.] 


CHAPTER  160. 

AN  ACT  RELATING  TO  THE  SUPERVISION  OF  NAVIGATION. 

Be  it  enacted  hij  the  Senate  and  HoiLse  of  Representatives  in 
General  Court  convened: 

1.  Supervision  of  Navigation.  Amend  chapter  151,  Public 
Laws,  as  amended  by  chapters  6,  84  and  111  of  the  Laws  of 
1929,  chapters  29,  93  and  147  of  the  Laws  of  1931,  chapters 
30,  71  and  72  of  the  Laws  of  1933,  sections  2  and  2-a,  chapter 
115,  Laws  of  1935,  chapter  120,  Laws  of  1937  and  chapter 
121,  Laws  of  1939  (chapter  177,  commissioners'  report)  by 
striking  out  said  chapter  and  inserting  in  place  thereof  the 
following  new  chapter: 

CHAPTER  151 

1.  Declaration  of  Policy,  In  the  interest  of  public  safety 
and  the  protection  of  property,  it  shall  be  the  duty  of  the 
public  service  commission,  in  all  cases  not  provided  for  by  the 
United  States  inspection  laws  and  in  all  cases  where  in- 
spections are  not  regularly  made  thereunder,  to  provide  for 


232  Chapter  160  [1941 

the  inspection  on  any  public  waters  of  the  state  of  all  com- 
mercial and  private  boats  and  the  machinery,  appliances  and 
equipment  thereof,  such  inspections  to  be  performed  by  the 
commission  or  its  duly  authorized  representative.  The  com- 
mission shall  also  supervise  the  safety  of  navigation  and  the 
establishment  of  aids  to  navigation,  and  all  lights  and  buoys 
maintained  at  public  expense  on  the  inland  waters  of  the  state 
shall  be  under  the  jurisdiction  of  the  commission.  The  com- 
mission shall  make  such  alterations  and  improvements  in 
existing  lights  and  buoys  as  may  be  desirable,  place  additional 
lights  and  buoys  where  required  to  promote  the  safety  of 
navigation,  remove  obstructions  tending  to  impede  navigation, 
and  maintain  all  lights  and  buoys  under  its  jurisdiction. 

2.  Definitions  and  Classifications.  The  following  words 
and  phrases  as  used  in  this  act  shall  have  the  following  mean- 
ings, unless  the  context  clearly  requires  otherwise: 

I.  The  term  "commission"  means  the  public  service  com- 
mission. 

II.  The  term  "person"  means  any  individual,  firm,  co- 
partnership, corporation,  company,  association  or  joint-stock 
association,  including  any  trustee,  administrator,  executor, 
receiver,  assignee  or  other  personal  representative  thereof. 

III.  The  term  "common  carrier"  means  any  person  who 
undertakes,  directly,  or  by  his  agent  or  under  a  lease  or  any 
other  arrangement,  to  transport  passengers  or  property  on 
the  public  waters  of  the  state  operating  on  a  regular  schedule, 
for  compensation. 

For  the  purpose  of  this  act,  boats  shall  be  classified  in 
accordance  with  the  following  definitions: 

IV.  The  term  "commercial  boat"  shall  mean  any  boat  used 
as  a  common  carrier  of  passengers  or  property  operating  on  a 
regular  schedule,  any  boat  propelled  by  electric  or  mechanical 
power  carrying  passengers  or  property  for  hire,  or  any  such 
boat  or  outboard  motor  when  rented  either  separately  or  in 
connection  with  camps,  cottages,  or  other  real  estate,  and  any 
such  boat  or  outboard  motor  used  by  the  proprietor  of  any 
school  or  camp  in  which  minors  are  received  for  compensation, 
or  by  any  officer,  agent,  or  employee  of  such  proprietor,  for 
the  transportation  of  minors. 

V.  The  term  "private  boat"  shall  mean  any  boat,  not  a 
commercial  boat,  propelled  by  electric  or  mechanical  power 


1941]  Chapter  160  233 

used  exclusively  for  pleasure  purposes  by  its  owner,  or  others 
with  his  permission. 

VI.  The  term  "manufacturer  or  dealer"  shall  mean  any 
person  engaged  in  the  business  of  manufacturing  or  dealing 
in  boats  or  outboard  motors. 

3.  Registration.  No  person  shall  operate  upon  any  of  the 
waters  of  the  state,  except  tidal  waters,  a  commercial  or 
private  boat  unless  said  boat  has  been  registered  as  provided 
herein.  In  case  of  boats  propelled  by  outboard  motors  the 
motor  itself  shall  be  registered  and  not  the  boat.  The 
presence  of  an  outboard  motor  in  condition  for  operation, 
attached  to  a  hull  afloat  on  the  public  waters  of  the  state,  shall 
be  prima  facie  evidence  that  such  boat  or  motor  requires 
registration.  No  boat  or  outboard  motor  brought  into  the 
state  for  the  purpose  of  taking  part  in  a  race,  which  has  not 
been  within  the  state  in  excess  of  ten  days,  shall  be  required 
to  be  registered  as  provided  herein  if  the  commission  shall 
have  issued  a  special  authorization  permitting  it  to  be  used 
for  racing  purposes.  No  such  racing  permit  shall  be  for  a 
period  longer  than  ten  days  from  the  time  said  boat  or  motor 
is  brought  into  the  state. 

4.  Application.  Every  person  owning  any  commercial  or 
private  boat  shall  annually,  before  operating  the  same,  apply 
in  writing  to  the  commission  for  registration  thereof.  Such 
application  may  be  made  to  a  duly  authorized  representative 
of  the  commission  or  by  mail  addressed  to  the  commission, 
and  shall  be  in  such  form  and  contain  such  information  as  the 
commission  may  require.  In  the  case  of  private  boats  the 
proper  fee  shall  accompany  the  application.  In  the  case  of 
commercial  boats  the  proper  fee  shall  be  paid  at  the  time  of 
inspection.  Such  fees  shall  be  paid  before  the  issuance  of  a 
certificate  and  number  plate. 

5.  Fees.     The  commission  shall  collect  fees  as  follows: 

I.  Commercial  Boats.  There  shall  be  paid  to  the  com- 
mission for  every  such  boat  inspected,  as  to  which  a  certificate 
is  given  by  said  commission,  a  fee  based  upon  the  following 
schedule:  Boats  used  for  passengers  only,  or  for  passengers 
and  freight,  permitted  to  carry  a  maximum  of  not  exceeding 
ten  persons,  six  dollars  for  the  first  boat  and  four  dollars  for 
each  additional  boat  belonging  to  the  same  owner  and  kept  at 
the  same  place ;  boats  permitted  to  carry  a  maximum  of  more 


234  Chapter  160  [1941 

than  ten  and  not  exceeding  twenty-five  persons,  eleven  dollars 
for  the  first  boat  and  four  dollars  for  each  additional  boat  be- 
longing to  the  same  owner  and  kept  at  the  same  place;  boats 
permitted  to  carry  a  maximum  of  more  than  twenty-five  and 
not  exceeding  one  hundred  and  fifty  persons,  sixteen  dollars 
for  the  first  boat  and  six  dollars  for  each  additional  boat  be- 
longing to  the  same  owner  and  kept  at  the  same  place;  boats 
permitted  to  carry  over  one  hundred  and  fifty  persons,  twenty- 
six  dollars  for  the  first  boat  and  six  dollars  for  each  additional 
boat  belonging  to  the  same  owner  and  kept  at  the  same  place ; 
boats  used  exclusively  for  towing  freight,  eleven  dollars. 

II.  Operators'  Licenses.  There  shall  be  paid  to  the  com- 
mission for  every  general  certificate  of  captain,  master,  pilot 
or  engineer,  two  dollars;  and  for  every  limited  certificate  of 
captain,  master,  pilot  or  engineer,  one  dollar.  A  general  cer- 
tificate shall  entitle  the  holder  thereof  to  act  in  the  capacity 
named  on  any  boat  of  the  class  described  in  the  certificate;  a 
limited  certificate  shall  entitle  him  to  act  in  such  capacity  only 
on  a  particular  boat  named  in  the  certificate.  Only  one  cer- 
tificate shall  be  required  to  entitle  the  holder  thereof  to  act 
in  any  or  all  the  above  capacities  on  any  motor  boat  permitted 
to  carry  a  maximum  of  twenty-five  persons. 

III.  Private  Boats.  There  shall  be  paid  to  the  commis- 
sion for  each  private  boat  three  dollars. 

IV.  Dealer's  Registrations.  There  shall  be  paid  to  the 
commission  by  a  manufacturer  or  dealer  for  a  registration 
certificate,  as  provided  by  section  19,  five  dollars.  Those  re- 
quiring more  than  one  number  plate  shall  pay  to  the  commis- 
sion three  dollars  for  each  additional  plate. 

6.  Disposition  of  Revenues.  All  fees  and  fines  collected 
hereunder  shall  be  made  available  to  the  commission  for  the 
promotion  of  the  safety  of  navigation  and  the  administration 
and  enforcement  of  this  act. 

7.  Common  Carriers,  Applications,  Orders.  No  person 
shall  engage  in  the  business  of  operating  a  boat  as  a  common 
carrier  of  passengers  or  property  operating  on  a  regular  route 
and  schedule  between  points  on  the  public  waters  of  the  state 
unless  upon  order  of  the  commission  authorizing  such  opera- 
tions; provided  however,  that  if  he  or  his  predecessor  in  in- 
terest was  engaged  in  bona  fide  operation  as  a  common  carrier 
on  September  1,  1940,  the  commission  shall  issue  such  order 


1941]  Chapter  160  235 

without  requiring  further  proof  that  the  public  convenience 
and  necessity  will  be  served  by  such  operation,  and  without 
further  proceeding,  if  application  for  such  order  is  made  to 
the  commission  on  or  before  September  1,  1941.  Application 
for  authorization  required  herein  shall  be  made  in  writing  to 
the  commission  and  shall  contain  such  information  as  the 
commission  shall  require.  A  commission  order  will  issue  to 
any  qualified  applicant  therefor,  authorizing  the  whole  or  any 
part  of  the  operations  covered  by  the  application,  if  it  is 
found  that  the  applicant  is  fit,  willing  and  able  properly  to 
perform  the  service  proposed  and  to  conform  to  the  provisions 
of  this  act  and  the  rules  and  regulations  issued  by  the  com- 
mission thereunder,  and  that  the  proposed  service  is  or  will 
be  required  by  the  present  or  future  public  convenience  and 
necessity;  otherwise  such  application  shall  be  denied. 

8.  Rates,  Charges,  Schedules.  Every  common  carrier  by 
water  shall  establish  and  charge  just  and  reasonable  rates  for 
the  transportation  of  passengers  or  property  on  the  public 
waters  of  the  state.  Such  rates,  tariffs,  together  with  a 
schedule  of  the  service  offered  shall  be  published,  filed  with 
the  commission  and  kept  open  to  public  inspection,  and  no 
common  carrier  shall  demand  or  collect  or  receive  a  greater 
or  less  or  different  compensation  for  transportation  than  the 
rates  specified  in  the  tariff  in  effect  at  the  time.  Any  person, 
organization,  or  body  politic  may  make  complaint  in  writing 
to  the  commission  that  any  rate,  fare,  or  charge  in  effect  or 
proposed  to  be  put  in  effect,  is  or  will  be  unjust  or  unreason- 
able. Whenever,  after  hearing,  upon  complaint  or  in  an  in- 
vestigation on  its  own  initiative,  the  commission  shall  be  of 
the  opinion  that  any  rate,  fare,  or  charge  in  effect  or  proposed 
to  be  put  in  effect  is  unjust  or  unreasonable,  the  commission 
shall  determine  and  prescribe  the  lawful  rate,  fare,  or  charge 
thereafter  to  be  observed. 

9.  Reports,  Accounts,  Records.  The  commission  is  hereby 
authorized  to  require  annual  reports  from  all  common  carriers 
by  water,  to  prescribe  the  manner  and  form  in  which  such 
reports  shall  be  made,  and  to  require  from  such  carriers 
specific  answers  to  all  questions  upon  which  the  commission 
may  deem  information  to  be  necessary.  The  commission  may, 
in  its  discretion,  prescribe  the  forms  of  any  and  all  accounts, 
records  and  memoranda  to  be  kept  by  such  carriers  and  the 


236  Chapter  160  [1941 

length  of  time  that  such  accounts,  records  and  memoranda 
shall  be  preserved,  including  those  of  the  movement  of  traffic 
as  well  as  of  the  receipts  and  expenditures  of  money.  The 
commission  or  its  duly  authorized  representatives  shall  at  all 
reasonable  times  have  access  to  all  accounts  and  records,  in- 
cluding all  documents,  papers  and  correspondence  now  or  here- 
after existing,  and  kept  or  required  to  be  kept  by  common 
carriers  by  water  subject  to  this  act. 

10.  Regulations.  Consistent  with  the  policy  of  this  act, 
the  commission  may  from  time  to  time  make  rules  and  regu- 
lations relative  to  the  equipment  and  operation  of  all  boats, 
including  rafts  and  floats,  of  whatever  kind,  type  or  character, 
operated  or  used  on  any  public  waters  in  this  state,  and  the 
classification,  examination  and  certification  of  captains, 
masters,  engineers,  and  pilots  of  all  such  boats.  Such  rules 
and  regulations  shall  be  binding  on  the  persons  owning,  leas- 
ing, or  operating  such  boats,  rafts  and  floats.  It  shall  be  the 
duty  of  the  commission  to  enforce  the  provisions  of  this  act 
and  the  rules  and  regulations  issued  thereunder,  and  in  such 
enforcement  the  commission  and  its  duly  authorized  represen- 
tatives shall  have  all  the  powers  of  a  deputy  sheriff  in  any 
county  of  the  state. 

11.  Commercial  Boats,  Penalty.  The  commission,  after 
hearing,  may  revoke  or  suspend  the  certificate  of  any  captain, 
master,  pilot  or  engineer  of  any  commercial  boat  for  violation 
of  any  section  of  this  act  or  the  rules  and  regulations  pre- 
scribed thereunder.  Any  person  who  shall  use  any  commercial 
boat  or  outboard  motor  on  any  public  waters  in  this  state 
without  a  certificate  of  inspection,  or  shall  act  as  captain, 
master,  pilot,  engineer  or  operator  on  any  such  boat  or  launch 
without  having  been  examined  and  certified  in  that  capacity, 
or  shall  so  act  when  his  certificate  has  been  revoked  or 
suspended,  or  who  shall  violate  any  rule  or  regulation  pre- 
scribed by  the  commission  with  reference  to  the  inspection, 
equipment,  or  operation  of  such  boats  or  launches,  shall  be 
fined  not  more  than  five  hundred  dollars,  or  imprisoned  not 
more  than  one  year,  or  both. 

12.  Expiration  of  Licenses,  etc.  All  licenses  and  certifi- 
cates issued  hereunder  shall  expire  with  December  thirty- 
first  next  following  the  date  of  issuance. 


1941]  Chapter  160  237 

13.  Plates,  Certificates.  Each  boat  registered  by  the  com- 
mission shall  be  given  a  distinguishing  number.  A  plate  bear- 
ing the  number  shall  be  furnished  the  boat  owner  and  be 
attached  to  the  boat  in  such  manner  as  the  commission  shall 
prescribe.  The  commission  shall  issue  to  the  boat  owner  a 
certificate  that  the  boat  has  been  legally  registered.  Such 
certificate  shall  at  all  times  be  kept  upon  said  boat  while  in 
operation,  and  upon  request  shall  be  open  to  examination  by 
any  duly  authorized  representative  of  the  commission. 

14.  Revocation  of  Registration.  The  commission,  after 
hearing,  may  revoke  the  registration  of  any  boat  or  outboard 
motor  issued  pursuant  to  the  provisions  of  this  act  for 
violation  of  any  section  of  this  act  or  the  rules  and  regulations 
hereunder  prescribed  by  the  commission,  or  whenever  it  shall 
appear  upon  complaint  of  the  selectmen  or  any  tax  collector 
of  any  town  that  the  owner  has  failed,  after  demand,  to  pay 
any  property  tax  upon  the  same  which  shall  be  due  the  town. 

15.  Transfer  of  Registration.  Upon  the  change  of  owner- 
ship of  a  boat  of  the  classes  hereinbefore  described  or  of  an 
outboard  motor,  the  registration  certificate  and  number  plate 
may  be  transferred  to  such  new  owner.  The  person  in  whose 
name  said  boat  or  outboard  motor  is  registered  shall  return 
the  certificate  of  registration  forthwith  to  the  commission 
with  a  written  notice  containing  the  date  of  such  transfer  of 
ownership  and  the  name,  residence  and  address  of  the  new 
owner.  A  fee  of  one  dollar  shall  be  paid  to  the  commission 
for  such  transfer. 

16.  Penalty.  If  any  person  shall  operate  any  boat  re- 
quired to  be  registered  hereunder  without  registration,  or 
shall  violate  any  rule  or  regulation  prescribed  by  the  commis- 
mission  relating  to  the  equipment  or  operation  of  such  boats, 
or  shall  refuse  or  fail  when  requested  to  exhibit  to  any  duly 
authorized  representative  of  the  commission  the  certificate  of 
registration  of  such  boat,  he,  and  the  owner  of  said  boat  if  the 
same  is  operated  with  his  permission  or  assent,  shall  be  fined 
not  more  than  one  hundred  dollars,  or  imprisoned  not  more 
than  one  year,  or  both. 

17.  Agent's  Liability.  If  any  such  boat  is  owned  by  a 
corporation,  sentence  may  also  be  imposed  upon  any  officer  or 
agent  of  said  corporation  having  the  custody  and  control  of 


238  Chapter  160  [1941 

said  boat  and  committing,  or  permitting  or  assenting  to  the 
violation  of  section  16  hereof. 

18.  Dealer's  Registration.  A  manufacturer  or  dealer  of 
boats  and  outboard  motors  may  make  application  to  the  com- 
mission, upon  blanks  furnished  by  it  for  that  purpose,  for  a 
general  distinguishing  number  plate  for  his  boats  and  motors. 

19.  Dealer's  Registration  Certificate  and  Number  Plates. 
The  commission  may,  if  it  is  satisfied  of  the  facts  stated  in 
the  application,  issue  to  the  applicant  for  a  dealer's  registra- 
tion a  certificate  containing  the  name,  residence,  and  address 
of  such  applicant  and  the  general  distinguishing  number 
assigned  together  with  such  other  provisions  as  the  commis- 
sion 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,  provided  the  number  plate  issued  by 
the  commission  be  attached  thereto.  The  commission  shall, 
at  the  time  of  issuing  a  certificate  to  a  manufacturer  or  dealer, 
furnish  him  with  a  number  plate  of  such  design  and  color  as 
it  may  determine,  and  such  further  number  plates  and  tempo- 
rary certificates  as  he  may  require. 

20.  Use  of  Dealers'  Number  Plates.  A  manufacturer  or 
dealer  shall  not  loan  number  plates  which  have  been  assigned 
to  him  hereunder  to  a  sub-agent  or  to  any  other  person.  Such 
plates  may  be  used  on  boats  and  motors  when  used  in  connec- 
tion with  said  manufacturer's  or  dealer's  business  or  for 
pleasure  purposes,  but  in  no  case  shall  they  be  used  on  boats 
carrying  persons  or  property  for  hire  or  compensation. 

21.  Temporary  Registration.  A  person  upon  purchasing 
a  private  boat  or  outboard  motor  from  a  duly  registered  manu- 
facturer or  dealer  shall  immediately  apply  for  registration  of 
such  boat  or  motor  and  pay  the  required  registration  fee  to 
said  manufacturer  or  dealer.  Upon  receipt  of  such  applica- 
tion and  fee  the  dealer  or  manufacturer  may  issue  to  the  pur- 
chaser a  receipt  for  such  payment  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  commission  by  mail  or 
otherwise  and  furnish  such  further  information  as  the  com- 
mission may  require  with  respect  thereto.  The  temporary 
certificate  or  plate  shall  be  evidence  that  application  has  been 


1941]  Chapter  160  239 

made  for  registration  and  such  boat  or  motor  may  be  operated 
for  a  period  of  not  more  than  four  consecutive  days  there- 
after. Permanent  number  plates  when  received  shall  be 
attached  immediately  by  the  purchaser. 

22.  Suspension  of  Dealer's  Registration.  The  commission 
shall  have  authority  to  suspend  or  revoke  the  registration  of 
any  manufacturer  or  dealer  who  violates  any  of  the  provisions 
of  sections  19  to  21.  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. 

23.  Muffling  Devices.  It  shall  be  unlawful  to  use  within 
the  jurisdiction  of  this  state  a  boat  propelled,  in  whole  or  in 
part,  by  gas,  gasoline  or  naphtha,  unless  the  same  is  provided 
with  an  under-water  exhaust  or  other  muffling  device  so  con- 
structed and  used  as  to  muffle  the  noise  of  the  explosion. 
Boats  operating  in  a  race  under  the  auspices  of  a  recognized 
boat  club  shall  not  be  subject  to  this  restriction,  provided  such 
club  shall  have  obtained  special  license  to  hold  such  race  from 
the  commission. 

24.  Injuring  Buoys,  Obstructions.  If  any  person  shall  wil- 
fully remove,  destroy  or  injure  any  buoy,  beacon,  floating 
guide  or  other  light  placed  in  any  of  the  public  waters  of  the 
state  for  the  purpose  of  guiding  and  protecting  navigation 
and  boating  thereon,  or  shall  moor  or  make  fast  thereto  any 
vessel,  boat,  scow  or  raft,  or  shall  wilfully  place  an  obstruc- 
tion dangerous  to  navigation  in  any  of  the  navigable  waters 
of  the  state  without  reasonable  precaution  to  protect  the 
public  from  such  obstruction,  he  shall  be  fined  not  more  than 
one  hundred  dollars,  or  imprisoned  not  more  than  one  year,  or 
both. 

25.  Boat  Racing.  No  commercial  boat,  private  boat  or 
sail  boat  shall  race  with  another  such  boat  over  a  pre- 
determined course  on  any  of  the  public  waters  of  the  state  un- 
less the  course  is  laid  out  and  marked  in  a  manner  satisfactory 
to  the  commission  and  said  race  is  held  under  a  permit  issued 
by  said  commission  to  a  recognized  sponsoring  organization 
stating  the  date  and  place  of  the  race. 

26.  Prohibition.  While  motor  boats  are  racing  on  a  course 
as  described  in  section  25,  no  aircraft  in  landing  or  taking  off 
from  the  water  and  no  boat  however  propelled  shall  traverse 
or  cross  said  course  within  one  half  mile  of  an  approaching 


240  CHA.PTER  161  [1941 

boat,  except  in  an  emergency  or  when  engaged  in  the  common 
carriage  of  passengers  or  freight  operating  on  a  regular 
schedule. 

27.  Separability  of  Provisions.  If  any  provision  of  this 
act,  or  the  application  thereof  to  any  person,  commerce,  or  cir- 
cumstance, is  held  invalid,  the  remainder  of  this  act  and  the 
application  of  such  provisions  to  other  persons,  or  commerce, 
or  circumstances,  shall  not  be  affected  thereby. 

2.  Repeal.  Section  10,  chapter  152,  Public  Laws  (section 
10,  chapter  178,  commissioners'  report) ;  section  38,  chapter 
380,  Public  Laws  (section  37,  chapter  432,  commissioners'  re- 
port) and  chapter  108,  Laws  of  1933  are  hereby  repealed. 

3.  Takes  Effect.    This  act  shall  take  effect  July  1,  1941. 
[Approved  June  10,  1941.] 


CHAPTER  161. 

AN  ACT  PROVIDING  FOR  THE  IMPROVEMENTS  AT  RYE  HARBOR. 

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

1.  Improvements  at  Rye  Harbor.  Amend  section  1  of 
chapter  218  of  the  Laws  of  1939  by  striking  out  the  following 
words  "provided  a  grant  is  made  by  the  federal  government 
or  any  agency  thereof  in  connection  therewith,"  so  that  said 
section  1  shall  read  as  follows :  1.  Appropriation.  There  is 
hereby  appropriated  a  sum  not  exceeding  one  hundred  thou- 
sand dollars  for  the  purpose  of  developing  and  improvement 
of  Rye  Harbor. 

2.  Conditions.  Amend  said  chapter  218  by  striking  out 
section  2  and  inserting  in  place  thereof  the  following:  2. 
Expenditure.  The  appropriation  made  by  section  1  shall  be 
expended  by  the  highway  department,  under  the  direction  of 
the  governor  and  council  for  the  purpose  of  (1)  improvement 
of  the  area  between  the  present  location  of  the  Ocean  Boule- 
vard at  Rye  Harbor  and  its  proposed  new  location,  and  (2) 
for  dredging  and  improvement  of  Rye  Harbor  and  no  funds 
shall  be  expended  for  the  second  purpose  until  the  improve- 
ment provided  for  by  (1)  has  been  completed,  except  to  the 
extent  that  both  (1)  and  (2)  may  be  accomplished  together 
through  dredging  of  Rye  Harbor.     The  appropriation  made 


1941]  Chapter  162  241 

by  section  1  shall  not  be  available  unless  and  until  the  town 
of  Rye  appropriates  the  sum  of  ten  thousand  dollars  for  im- 
provements and  dredging  at  Rye  Harbor. 

3.  Payment  of  Bond  Issue.  Amend  said  chapter  218  by 
inserting  after  section  6  the  following  new  section :  6-a.  Con- 
tinuance of  Tolls  on  Hampton  Harbor  Toll  Bridge.  Tolls 
shall  be  collected  upon  the  reconstructed  Hampton  Harbor 
toll  bridge,  as  provided  by  sections  6  and  8  of  chapter  159  of 
the  Laws  of  1933,  as  amended  by  chapter  50  of  the  Laws  of 
1935,  and  as  further  amended  by  section  4  of  an  act*  passed  at 
the  present  session  of  the  general  court,  entitled  "An  Act  re- 
lating to  the  reconstruction  of  a  toll  bridge  at  Hampton 
Harbor,"  until  the  state  shall  have  been  reimbursed  as  to 
principal  and  interest  for  all  sums  that  may  be  appropriated 
and  spent  under  the  provisions  of  this  chapter  218.  The 
charge  against  said  tolls  hereby  provided  shall  be  in  addition 
to  that  provided  in  the  above  mentioned  acts. 

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

[Approved  June  10,  1941.] 


CHAPTER  162. 

AN  ACT  RELATING  TO   BEDDING   AND   UPHOLSTERED   FURNITURE. 

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

1.  Manufacture  and  Sale  of  Bedding,  Pillows,  Upholstered 
Furniture,  etc.  Amend  section  58,  chapter  162,  Public  Laws 
(section  58,  chapter  189,  commissioners'  report)  by  striking 
out  the  whole  of  said  section  and  inserting  in  place  thereof 
the  following:  58.  Labels;  Use  of  Undisinfected  Second 
Hand  Materials  Prohibited.  No  person  shall  manufacture  for 
purposes  of  sale,  sell,  offer  or  expose  for  sale,  or  have  in 
possession  with  intent  to  sell,  any  mattress,  pillow,  cushion, 
muff  bed,  quilt,  upholstered  furniture  or  similar  article  having 
a  filling  of  hair,  down,  feathers,  wool,  cotton,  kapok  or  other 
material,  unless  there  is  plainly  marked  upon  each  such 
article,  or  upon  a  tag  of  some  durable  substance  sewed  there- 

*  See  chapter  87,  ante. 


242  Chapter  163  [1941 

on,  or  otherwise  securely  attached  thereto,  a  statement  of  the 
kind  of  material  used  for  filling  in  the  manufacture  of  such 
article,  the  name  of  the  manufacturer  or  vendor,  and  also,  if 
the  material  has  been  previously  used,  the  words,  second  hand. 
Provided,  that  no  second  hand  materials,  the  use  of  which  is 
not  prohibited  under  section  61  hereof  and  which  may  be 
deemed  by  the  state  board  of  health  suitable  for  re-use,  shall 
be  used  unless  the  same  have  been  disinfected  by  a  method  or 
methods  approved  by  the  said  board. 

2.  Sale  or  Distribution  of  Undisinfected  Second  Hand 
Material  Prohibited.  Amend  section  62  of  chapter  162  of  the 
Public  Laws  (section  62,  chapter  189,  commissioners'  report) 
by  striking  out  the  whole  of  said  section  and  inserting  in  place 
thereof  the  following:  62.  Labeling  Material.  No  person 
engaged  in  the  business  of  selling  any  hair,  down,  feathers, 
wool,  cotton,  kapok  or  other  materials  commonly  used  for  fill- 
ing such  articles,  shall  ship  any  box,  crate,  package  or  other 
container  in  which  is  placed  any  such  hair  or  other  such 
material  unless  there  is  attached  thereto  a  tag  containing  a 
statement  of  the  contents  of  the  package  together  with  the 
name  of  the  vendor,  and,  if  the  material  has  been  used  before, 
with  the  words,  second  hand.  Provided,  that  no  person  shall 
ship,  sell  or  use  for  the  purposes  named  in  this  subdivision 
any  second  hand  materials,  not  being  prohibited  under  section 
61  hereof  and  deemed  by  the  state  board  of  health  suitable  for 
re-use,  which  have  not  been  disinfected  by  a  method  or 
methods  approved  by  the  said  board. 

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

[Approved  June  10,  1941.] 


CHAPTER  163. 

AN  ACT  RELATING  TO  ARRESTS. 

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

1.    Definitions.    As  used  in  this  act: 

"Arrest"  is  the  taking  of  a  person  into  custody  in  order 
that  he  may  be  forthcoming  to  answer  for  the  commission  of 
a  crime. 


1941]  Chapter  163  243 

"Felony"  is  any  crime  that  may  be  punished  by  death  or 
imprisonment  in  the  state  prison.  Other  crimes  are  "mis- 
demeanors." 

"Peace  officer"  is  any  sheriff  or  deputy  sheriff,  mayor  or 
city  marshal,  constable,  police  officer  or  watchman,  or  other 
person  authorized  to  make  arrests  in  a  criminal  case. 

2.  Questioning  and  Detaining  Suspects. 

(a)  A  peace  officer  may  stop  any  person  abroad  whom 
he  has  reason  to  suspect  is  committing,  has  committed  or  is 
about  to  commit  a  crime,  and  may  demand  of  him  his  name, 
address,  business  abroad  and  whither  he  is  going. 

(b)  Any  person  questioned  as  provided  in  subsection 
(a)  who  fails  to  identify  himself  and  explain  his  actions  to 
the  satisfaction  of  the  peace  officer  stopping  him  may  be  de- 
tained and  further  questioned  and  investigated. 

(c)  In  no  case  shall  the  total  period  of  detention  pro- 
vided for  by  subsections  (a)  and  (b)  exceed  four  hours.  Such 
detention  shall  not  constitute  an  arrest  and  shall  not  be 
recorded  as  such  in  any  official  record.  At  the  end  of  any 
such  detention  period  the  person  so  detained  shall  be  released 
unless  arrested  and  charged  with  a  crime. 

3.  Searching  for  Weapons.  A  peace  officer  may  search  for 
a  dangerous  weapon  any  person  whom  he  is  questioning  or 
about  to  question  as  provided  in  section  2,  whenever  he 
reasonably  believes  that  he  might  be  in  danger  if  such  person 
possessed  a  dangerous  weapon.  If  the  officer  finds  a  weapon, 
he  may  take  and  keep  it  until  the  completion  of  the  question- 
ing, when  he  shall  either  return  it  or  arrest  the  person. 

4.  Arrest;  Permissible  Force. 

(a)  No  unnecessary  or  unreasonable  force  or  means  of 
restraint  may  be  used  in  detaining  or  arresting  any  person. 

(b)  A  peace  officer  is  justified  in  using  force  dangerous 
to  human  life  in  making  an  arrest  only  when : 

(1)  The  arrest  is  lawful, 

(2)  The  arrest  is  on  a  charge  of  felony, 

(3)  There  is  no  other  apparently  possible  means  of 
effecting  the  arrest,  and 

(4)  The  officer  has  made  every  reasonably  possible 
effort  to  advise  the  person  to  be  arrested  that  he  is  a  peace 
officer  and  is  attempting  to  make  an  arrest  and  has  reasonable 
ground  to  believe  that  the  person  is  aware  of  the  fact. 


244  Chapter  163  [1941 

5.  Resisting  Arrest.  If  a  person  has  reasonable  ground  to 
believe  that  he  is  being  arrested  and  that  the  arrest  is  being 
made  by  a  peace  officer,  it  is  his  duty  to  submit  to  arrest  and 
refrain  from  using  force  or  any  weapon  in  resisting  it  regard- 
less of  whether  there  is  a  legal  basis  for  the  arrest. 

6.  Arrest  Without  a  Warrant. 

(a)  An  arrest  by  a  peace  officer  without  a  warrant  on 
a  charge  of  misdemeanor  is  lawful  whenever  he  has  reasonable 
ground  to  believe  that  the  person  to  be  arrested  has  committed 
a  misdemeanor  in  his  presence. 

(b)  An  arrest  by  a  peace  officer  without  a  warrant  on  a 
charge  of  felony  is  lawful  whenever: 

(1)  A  felony  has  actually  been  committed  by  the  person 
arrested,  regardless  of  the  reasons  which  led  the  officer  to 
make  the  arrest. 

(2)  The  officer  has  reasonable  ground  to  believe  that 
the  person  arrested  has  committed  a  felony. 

7.  Arrest  on  Improper  Grounds.  If  a  lawful  cause  of 
arrest  exists,  the  arrest  will  be  lawful  even  though  the  officer 
charged  the  wrong  offense  or  gave  a  reason  that  did  not 
justify  the  arrest. 

8.  Arrest  by  Virtue  of  a  Warrant  Not  in  Officer's  Posses- 
sion. An  arrest  by  a  peace  officer  acting  under  a  warrant  is 
lawful  even  though  the  officer  does  not  have  the  warrant  in 
his  possession  at  the  time  of  the  arrest,  but,  if  the  person 
arrested  so  requests,  the  warrant  shall  be  shown  to  him  as 
soon  as  practicable. 

9.  Summons  Instead  of  Arrest.  In  any  case  in  which  it  is 
lawful  for  a  peace  officer  to  arrest  without  a  warrant  a  person 
for  a  misdemeanor,  he  may  instead  issue  to  him  a  summons 
in  substantially  the  following  form : 

The  State  of  New  Hampshire 

To  

You  are  hereby  notified  to  appear  before  the  municipal 

court  of  the  town  (city)  of ,  in  the 

State  of  New  Hampshire,  to  be  holden  on  the day 

of 19 at o'clock 

in  the  forenoon   (afternoon)   to  answer  to  a  complaint 

(to  be  filed  in  said  court)  charging  you  with 

in  violation  of  the  laws  of 

the  State  of  New  Hampshire. 


1941]  Chapter  163  245 

Hereof  fail  not,  as  you  will  answer  your  default  under 
the  penalty  of  the  law  in  that  behalf  made  and  provided. 
Dated  at  

Name 
the day  of 19 ... .         

Title 

Upon  failure  to  appear,  a  warrant  of  arrest  may  issue. 
Wilful  failure  to  appear  in  answer  to  such  summons  may  be 
punished  by  a  fine  of  not  over  one  hundred  dollars  or  im- 
prisonment for  not  over  thirty  days. 

10.  Release  of  Persons  Arrested.  When  a  peace  officer 
makes  an  arrest  without  a  warrant,  either  he  or  his  superior 
officer  may  release  the  person  arrested  instead  of  taking  him 
before  a  magistrate  if  satisfied  either  that  there  is  no  ground 
for  making  a  criminal  complaint  against  such  person  or  that 
such  person  has  been  arrested  for  drunkenness  and  no  further 
proceedings  are  necessary.  A  person  released  as  above  pro- 
vided shall  have  no  right  to  sue  any  peace  officer  on  the  ground 
that  he  was  released  without  being  brought  before  a  magis- 
trate. 

11.  Length  of  Detention.  If  not  otherwise  released,  every 
person  arrested  shall  be  brought  before  a  magistrate  within 
twenty-four  hours  from  the  time  of  his  arrest,  Sundays  and 
holidays  excepted,  unless  a  justice  of  the  municipal  court  of 
the  town  or  city  where  he  is  detained  or  of  the  town  or  city 
where  the  crime  was  committed  for  good  cause  shown  orders 
that  he  be  held  for  a  further  period  of  not  exceeding  forty- 
eight  hours. 

12.  Severability.  If  any  provision  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, such  invalidity  shall  not  affect  other  provisions  or 
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. 

13.  Repeal;  Takes  Effect.  Such  parts  of  chapter  364  of 
the  Public  Laws  (chapter  413,  commissioners'  report)  and 
such  acts  or  parts  of  acts  inconsistent  with  the  provisions 
hereof  are  hereby  repealed  to  the  extent  of  such  inconsisten- 
cies and  this  act  shall  take  effect  upon  its  passage. 

[Approved  June  10,  1941.] 


246  Chapters  164,  165  [1941 

CHAPTER  164. 

AN  ACT  RELATING  TO  THE  ELECTION  OF  COUNTY  OFFICERS. 

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

1.  Term  of  County  Officers.  Amend  section  1,  chapter  36, 
of  the  Public  Laws,  as  amended  by  section  1,  chapter  166, 
Laws  of  1933  and  section  1,  chapter  107,  Laws  of  1939  (sec- 
tion 1,  chapter  45,  commissioners'  report)  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following: 
1.  Election,  Term.  There  shall  be  chosen  at  each  biennial 
election,  by  ballot,  by  the  inhabitants  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  January  first  next  succeeding  his 
election,  and  shall  hold  the  same  for  two  years  and  until  his 
successor  is  chosen  and  qualified. 

2.  Present  Officers  Not  Affected.  The  present  county 
officers  shall  hold  their  respective  offices  for  the  term  for 
which  they  were  elected.  The  county  officers  elected  at  the 
November  election,  1942,  shall  take  office  at  the  expiration  of 
the  term  of  their  predecessors  and  in  cases  where,  by  the  pro- 
visions hereof,  that  term  begins  on  April  first  said  county 
officers  shall  only  hold  office  from  April  1,  1943,  to  January  1, 
1945. 

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

[Approved  June  10,  1941.] 


CHAPTER  165. 


AN  ACT  ESTABLISHING  A  COMMISSION  TO  STUDY  THE  PROBLEM 

OF  ESTABLISHING  A  RETIREMENT  PLAN  FOR  STATE 

EMPLOYEES. 

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

1.  Organization;  Compensation.  There  is  hereby  created 
a  retirement  plan  commission  consisting  of  five  members,  of 
which  the  comptroller  shall  be  chairman  and  the  insurance 


1941]  Chapter  165  247 

commissioner  a  member.  The  remaining  three  members  shall 
be  appointed  by  the  governor  with  the  advice  and  consent  of 
the  council.  Vacancies  shall  be  filled  in  the  same  manner  as 
the  original  appointments.  The  members  of  the  commission 
shall  serve  without  pay  but  shall  be  allowed  actual  expenses 
incurred  in  the  performance  of  their  duties. 

2.  Duties.  It  shall  be  the  duty  of  the  commission  to  make 
a  study  of  the  desirability  of  establishing  a  retirement  plan 
for  state  employees  and  a  study  of  state  participation  in  any 
present  or  proposed  retirement  plan  for  other  public  em- 
ployees, including  employees  of  towns,  cities  or  other  municipal 
subdivisions.  The  findings  and  report  of  the  commission  shall 
be  filed  prior  to  the  next  legislative  session  with  the  secre- 
tary of  state,  who  shall  make  such  distribution  thereof  as  the 
governor  may  order.  The  report  shall  include  a  draft  of  any 
appropriate  legislation  which  the  commission  may  recommend. 

3.  Power  to  Collect  Data.  The  commission  is  hereby 
authorized  and  empowered  to  collect  such  data  from  depart- 
ments and  institutions  of  the  state  and  from  towns,  cities  or 
other  municipal  subdivisions,  as  may  appear  to  be  necessary 
for  the  purposes  hereof. 

4.  Assistants.  The  commission  may  employ  and  fix  the 
compensation  of  such  assistants  and  technical  advisers  as  may 
be  necessary  for  the  purposes  hereof  within  the  limitations  of 
the  appropriations  made  hereunder. 

5.  Terms  of  Office.  The  authority  of  the  commission  shall 
terminate  upon  order  of  the  governor  at  such  time  as  he  shall 
determine  after  the  filing  of  the  report  required  by  section  2. 

6.  Appropriations.  There  is  hereby  appropriated  for  the 
purposes  hereof  the  sum  of  five  thousand  dollars  or  so  much 
thereof  as  may  be  necessary,  and  the  governor  is  hereby 
authorized  to  draw  his  warrant  for  said  sum  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

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

[Approved  June  11,  1941.] 


248  Chapter  166  [1941 

CHAPTER  166. 

AN  ACT  CREATING  A  RETIREMENT  SYSTEM  FOR  POLICEMEN. 

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

1.  Declaration  of  Policy.  The  public  welfare  requires  that 
a  system  of  retirement  benefits  shall  be  established  to  com- 
pensate the  permanent  policemen  of  this  state  for  their  future 
public  services  rendered  in  the  performance  of  their  duties  of 
protecting  life  and  property  within  this  state;  and  that  suit- 
able compensation  shall  be  provided  for  the  policemen  of  this 
state  or  their  dependents  whenever  such  policemen  shall  be 
permanently  disabled  or  killed  in  line  of  duty. 

2.  Definition.  The  words  "permanent  policemen"  as  used 
herein  shall  mean  any  chief,  deputy  chief,  marshal,  deputy 
marshal,  colonel,  major,  captain,  lieutenant,  sergeant,  officer 
of  other  rank,  inspector,  chief  clerk,  clerk,  radio  dispatcher, 
radio  engineer  or  operator,  patrolman,  trooper,  policewoman, 
detective,  investigator,  mechanic,  electrician,  laboratory 
worker  or  other  technical  expert  regularly  employed  on  full 
time  duty  by  a  police  department  or  police  force  of  the  state, 
any  city,  town,  village  or  precinct  in  the  state. 

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  New  Hampshire  police  retirement  board, 
hereinafter  called  the  board,  consisting  of  seven  members. 
The  comptroller  and  the  state  treasurer  shall  be  ex-officio 
members  of  the  board,  and  are  hereby  empowered  to  perform 
the  same  duties  as  other  members  of  the  board.  The  remain- 
ing five  members  shall  be  appointed  by  the  governor  with  the 
advice  and  consent  of  the  council  not  later  than  June  15,  1941, 
as  follows :  Two  members  shall  be  appointed  for  terms  of  two 
years,  each,  three  members  for  terms  of  three  years  each, 
and  thereafter  the  governor  and  council  shall  appoint  said 
members  for  a  term  of  three  years,  each,  and  said  members 
shall  serve  until  their  successors  are  appointed  and  qualified. 
Two  members  of  the  board  shall  be  prominent  citizens,  but 
not  of  the  same  political  party.  The  three  remaining 
appointive  positions  on  the  board  shall  be  filled  in  the  follow- 
ing manner :  The  permanent  policemen  of  the  state  who  have 
accepted  the  provisions  of  this  act  shall  biennially  nominate 


1941]  Chapter  166  249 

from  their  members  a  panel  of  five  persons  a  list  of  whom 
shall  be  filed  with  the  secretary  of  state.  From  this  panel  the 
governor  with  the  advice  and  consent  of  the  council  shall 
appoint  said  three  members  of  the  board.  Whenever  a 
vacancy  shall  occur  in  the  membership  of  the  board  it  shall  be 
filled  for  the  unexpired  term  by  the  governor  with  the  advice 
and  consent  of  the  council  in  the  same  manner.  The  mem- 
bers of  the  board  shall  serve  without  compensation  but  shall 
be  reimbursed  for  actual  and  necessary  expenses  incurred  by 
them  in  the  discharge  of  their  official  duties. 

4.  Acceptance  of  Act.  All  permanent  policemen  in  this 
state  who  accept  the  provisions  of  this  act  by  making  applica- 
tions to  the  board  and  by  agreeing  to  abide  by  such  rules  and 
regulations  as  it  may  prescribe  pursuant  hereto,  are  entitled 
to  the  benefits  of  this  act.  Each  permanent  policeman  accept- 
ing the  provisions  hereof  shall  give  notice  of  such  acceptance 
to  the  treasurer  or  other  disbursing  officer  of  the  state,  city, 
town,  village  or  precinct  which  employs  him.  All  applications 
to  the  board  must  be  made  within  twelve  months  after  the 
passage  of  this  act;  provided,  however,  that  any  person  not  a 
permanent  policeman  at  the  date  of  the  passage  of  this  act  but 
who  thereafter  becomes  a  permanent  policeman  shall  make 
application  to  the  board  not  later  than  six  months  after  be- 
coming a  permanent  policeman.  Any  policeman  accepting  the 
benefits  of  this  act  shall  pay  back  assessments,  with  interest 
at  five  percent  from  the  date  this  act  becomes  effective  until 
his  acceptance  of  the  act,  or  if  he  becomes  a  permanent  police- 
man subsequent  to  the  enactment  of  this  act  the  back  assess- 
ments shall  cover  the  period  from  his  appointment  as  a 
permanent  policeman  until  his  acceptance  of  the  act.  No  new 
permanent  policeman  added  to  a  police  force  after  the  enact- 
ment of  this  act  shall  be  eligible  to  the  benefits  hereunder  who 
is  over  thirty-five  years  of  age  at  the  time  he  so  becomes  a 
permanent  policeman. 

5.  Duties  of  Retirement  Board.  The  board  shall  supervise 
the  collection  of  assessments  on  all  permanent  policemen 
accepting  the  provisions  hereof,  and  the  payment  of  retire- 
ment benefits  and  other  compensation  under  this  act.  To 
carry  out  the  purposes  hereof  the  board  may  make  all  manner 
of  reasonable  rules  and  regulations  not  inconsistent  with  the 
provisions  hereof.    The  board  shall  employ  a  secretary  at  a 


250  Chapter  166  [1941 

salary  to  be  approved  by  it,  whose  duty  it  shall  be  to  keep  a 
record  of  all  its  proceedings  and  to  perform  such  administra- 
tive duties  as  it  may  direct.  The  expenses  of  administration 
of  this  act  shall  be  paid  out  of  the  retirement  fund  hereinafter 
provided. 

6.  Individual  Accounts.  The  board  shall  establish  and 
keep  a  record  of  the  individual  account  of  each  permanent 
policeman  accepting  the  provisions  hereof.  Each  individual 
account  shall  state  the  policeman's  age,  annual  salary,  length 
of  service,  date  of  acceptance  of  act,  date  of  retirement,  pay- 
ments to  the  retirement  funds,  and  the  benefits  or  compensa- 
tion received  by  such  policeman. 

7.  Retirement  Fund;  Assessments  on  Salaries.  The  re- 
tirement and  other  compensation  provided  for  by  this  act 
shall  be  paid  out  of  a  retirement  fund,  which  shall  consist  of 
all  moneys  collected  from  assessments  or  appropriations  or 
gifts  provided  for  herein.  At  the  beginning  of  each  fiscal 
year  the  board  shall  fix  a  uniform  rate  of  assessment  upon 
the  annual  salaries  of  all  permanent  policemen  who  accept  the 
provisions  hereof,  which  shall  be  four  per  cent  of  each  police- 
man's annual  salary.  The  board  shall,  in  such  manner  as  it 
may  prescribe,  give  notice  of  the  rate  and  amount  of  assess- 
nient  on  each  permanent  policeman's  salary  to  the  treasurer 
or  other  disbursing  officer  of  the  state,  city,  town,  village  or 
precinct  where  such  permanent  policeman  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  treasurer  or  other  dis- 
bursing officer  of  the  state,  city,  town,  village  or  precinct,  em- 
ploying permanent  policemen,  who  accept  the  provisions  here- 
of, to  withhold  from  the  monthly  salary  of  each  such  perma- 
nent policeman  and  to  pay  the  board  an  amount  equal  to  the 
monthly  assessment  against  such  permanent  policeman's 
salary,  as  before  provided.  All  permanent  policemen  who 
shall  accept  the  provisions  hereof  by  such  acceptance  agree 
that  the  treasurer  or  other  disbursing  officer  of  the  state,  city, 
town,  village  or  precinct  who  employs  them  shall  have  the 
power  to  withhold  from  their  monthly  salaries  the  amounts 
as  aforesaid.  However,  no  assessment  shall  be  made  upon 
that  part  of  any  policeman's  annual  salary  in  excess  of  two 
thousand  four  hundred  dollars. 


1941]  Chapter  166  251 

8.  Assessments  on  State,  Towns,  Cities  and  Precincts.     At 

the  beginning  of  each  fiscal  year  the  retirement  board  shall 
assess  upon  the  various  cities,  towns,  villages  or  precincts  in 
the  state  employing  permanent  policemen  who  have  made 
application  for  benefits  hereunder,  and  upon  the  state  for  the 
employees  of  the  state  police  department  who  have  made 
application  for  benefits  hereunder,  two  per  cent  of  the  annual 
payroll  of  such  permanent  policemen  in  such  city,  town, 
village  or  precinct,  or  the  state,  provided  that  if  the  board 
finds  that  all  assessments  made  under  the  provisions  of  this 
act  together  with  the  annual  appropriation  by  the  state,  as 
provided  in  section  9,  will  not  be  sufficient  to  keep  this  retire- 
ment system  in  a  sound  financial  condition  the  board  may 
assess  such  further  sums  against  said  cities,  towns,  villages 
and  precincts,  and  the  state,  as,  in  the  judgment  of  the  board, 
may  be  necessary  for  said  purpose.  It  shall  be  the  duty  of 
the  treasurer  or  other  disbursing  officer  to  pay  to  the  retire- 
ment board  the  sum  assessed  against  said  city,  town,  village 
or  precinct,  and  said  city,  town,  village  or  precinct  is  hereby 
authorized  and  directed  to  appropriate  the  sums  necessary  for 
said  assessments. 

9.  Contribution  by  State.  There  is  hereby  appropriated 
for  the  purposes  of  this  act  the  sum  of  thirty  thousand  dollars 
annually,  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  for  said  sum  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  Of  the  assessments  made  upon  the 
state  on  account  of  employees  of  the  state  police  department, 
under  the  provisions  of  section  8,  eighty-five  per  cent  thereof 
shall  be  a  charge  upon  the  revenues  of  the  motor  vehicle  de- 
partment from  motor  vehicle  registration,  and  the  balance 
shall  be  a  charge  upon  the  general  funds  of  the  state  and  the 
governor  is  hereby  authorized  to  draw  his  warrant  for  said 
balance  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

10.  Administration  of  Retirement  Fund.  I.  All  moneys 
collected  by  the  board  hereunder  shall  be  forthwith  remitted 
to  the  state  treasurer  who  shall  act  as  custodian  of  the  retire- 
ment fund.  Donations  to  the  retirement  fund  may  be 
accepted  by  the  state  treasurer.  With  the  exception  of  such 
moneys  as  may  be  required  for  current  disbursement,  the 
state  treasurer  shall  invest  and  reinvest  the  retirement  funds 


252  Chapter  166  [1941 

in  accordance  with  the  laws  governing  the  investments  of 
savings  banks.  The  fiscal  year  of  the  board  shall  begin  July 
first,  unless  otherwise  established  by  the  board.  II.  Upon 
the  receipt  of  an  order  from  the  board,  it  shall  be  the  duty  of 
the  state  treasurer  to  pay  out  of  the  retirement  fund  to  such 
person  as  may  be  entitled  thereto  such  benefits  or  compen- 
sation as  the  board  may  find  due  upon  the  provisions  hereof. 
III.  On  or  before  the  first  day  in  August  in  each  year,  the 
state  treasurer  shall  file  with  the  secretary  of  the  board  a 
sworn  statement  exhibiting  the  financial  condition  of  the  re- 
tirement fund  as  of  the  thirtieth  day  of  June  of  such  year. 
Such  statement  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  board  and  the  books  and 
accounts  of  the  state  treasurer  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. 

11.  Retirement.  No  retirement  hereunder  shall  take  place 
before  January  first,  1942  and  no  voluntary  retirement  may 
take  place  before  January  first,  1944.  Any  permanent  police- 
man who  accepts  the  provisions  hereof  may  retire  from  active 
service  after  reaching  the  age  of  sixty-five,  provided  he  has 
served  as  a  permanent  policeman  for  a  period  of  thirty  con- 
tinuous years,  except  as  hereinafter  provided.  All  permanent 
policemen  who  accept  the  provisions  hereof  and  who  have 
served  as  permanent  policemen  for  thirty  continuous  years 
shall  retire  from  active  service  at  the  age  of  seventy.  Any 
permanent  policeman  accepting  the  provisions  hereof  and  hav- 
ing served  for  thirty  continuous  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  policeman  shall  no  longer  be  obligated  to  pay 
assessments  to  the  retirement  fund.  The  board  may,  if  it 
deems  proper,  in  case  of  a  break  in  a  policeman's  continuous 
service  of  not  more  than  three  years,  construe  as  a  period  of 
continuous  service  the  total  service  of  such  policeman,  by  add- 
ing his  service  before  the  break  to  his  service  after  the  break. 

12.  Retirement  Benefits.  Any  permanent  policeman  who 
retires  or  is  dismissed  from  service  as  provided  in  section  11, 
and  who  shall  have  complied  with  all  the  provisions  hereof 
and  with  the  rules  and  regulations  of  the  board,  shall  be  en- 


1941]  Chapter  166  253 

titled  to  receive  from  the  retirement  fund,  for  each  year  dur- 
ing the  remainder  of  his  life,  a  sum  equal  to  one  half  of  his 
average  annual  salary  for  the  five  years  next  preceding  his 
retirement  as  determined  by  the  board,  but  in  no  event  shall 
this  sum  exceed  twelve  hundred  dollars  per  year.  This  shall 
be  paid  to  him  in  equal  monthly  installments  on  the  first  busi- 
ness day  of  each  calendar  month. 

13.  Compensation  in  Case  of  Death  or  Permanent  Dis- 
ability. Any  permanent  policeman  accepting  the  provisions 
hereof  who  shall  have  become  permanently  and  totally  dis- 
abled to  perform  useful  service,  because  of  injury  received  in 
the  actual  performance  of  his  duty,  may  be  retired  by  the 
board,  and  shall  be  entitled  to  the  benefits  hereunder  and  shall 
receive  an  annual  sum  equal  to  one  half  his  annual  salary  at 
the  date  of  his  disability,  for  the  duration  of  such  disability, 
as  determined  by  the  board,  but  in  no  case  shall  such  pay- 
ment exceed  twelve  hundred  dollars  per  year.  Any  perma- 
nent policeman  accepting  the  provisions  hereof,  who  has  per- 
formed faithful  service  in  his  department  for  twenty  years 
and  who  shall  become  permanently  and  totally  incapacitated 
from  performing  useful  service,  either  mentally  or  physically, 
may  be  retired  and  shall  be  entitled  to  the  benefits  hereof  and 
shall  receive  an  annual  sum  equal  to  one  half  of  his  average 
annual  salary  for  the  five  years  next  preceding  the  date  of 
such  permanent  and  total  incapacity  as  determined  by  the 
board,  but  in  no  case  shall  such  payment  exceed  twelve  hun- 
dred dollars  per  year  for  the  duration  of  such  incapacity.  The 
fact  of  such  disability  or  such  incapacity  shall  be  established 
from  time  to  time  as  the  board  may  require  by  a  certificate 
of  a  physician  designated  by  the  board.  In  case  a  permanent 
policeman,  accepting  the  provisions  hereof,  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  annual  salary  of  such  deceased  policeman  at 
the  time  of  his  death  until,  in  the  case  of  a  widow,  she  dies, 
or  remarries,  or  in  the  case  of  a  minor  child  or  children,  they 
die  or  reach  the  age  of  eighteen  years,  but  if  there  is  no  wife, 
child,  or  children  under  the  age  of  eighteen  years,  surviving 
such  policeman,  then  to  his  totally  dependent  father  or  mother, 
or  both,  or  the  survivor  of  them,  as  the  board  shall  determine, 
during  dependency,  but  in  no  case  shall  such  payment  exceed 


254  Chapter  166  [1941 

twelve  hundred  dollars  per  year.  Said  sums  shall  be  paid  in 
equal  monthly  installments  on  the  first  business  day  of  each 
calendar  month.  In  case  the  widow  dies  without  remarrying 
and  leaves  a  minor  child  or  children  the  payment  shall  con- 
tinue until  such  minor  child  or  children  die  or  reach  the  age 
of  eighteen  years. 

14.  Resignation,  Dismissal  and  Reinstatement.  Any 
permanent  policeman  accepting  the  provisions  hereof  who 
shall  resign  or  be  dismissed  from  service  before  becoming 
eligible  for  retirement,  and  the  estate  of  any  such  permanent 
policeman  who  may  die  before  becoming  eligible  for  retire- 
ment, not  as  the  result  of  an  injury  received  in  line  of  duty, 
shall  be  entitled  to  receive  from  the  retirement  fund  all  pay- 
ments made  thereto  by  him,  without  interest,  and  minus  a 
fixed  charge  as  the  board  may  prescribe.  Upon  resignation 
or  dismissal  from  service  a  permanent  policeman  shall  no 
longer  be  obligated  to  pay  assessments  to  the  retirement  fund. 
Any  permanent  policeman,  resigned  or  dismissed  from  service 
as  aforesaid  may,  if  he  thereafter  reenters  service  as  a  perma- 
nent policeman,  be  reinstated  to  the  benefits  of  this  act  upon 
payment  to  the  board  of  all  assessments  which  might  have 
been  assessed  against  him  from  the  date  of  his  original 
acceptance  hereof  to  his  resignation  or  dismissal  and  upon  re- 
instatement he  shall  thereafter  make  the  payments  to  the  re- 
tirement fund  prescribed  by  the  board  under  section  7. 

15.  Exemption.  The  payments  made  by  permanent  police- 
men to  the  board  and  the  benefits  or  compensation  received 
hereunder  shall  be  exempt  from  taxation,  attachment,  and  the 
operation  of  laws  relating  to  insolvency  or  bankruptcy.  No 
assignment  of  benefits  or  compensation  due  hereunder  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  11,  1941.] 


1941]  Chapter  167  255 

CHAPTER  167. 

AN  ACT  RELATIVE  TO  TAKING  BROOK  TROUT. 

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

1.  Brook  Trout.  Amend  sections  1  to  9,  inclusive,  of 
chapter  201,  Public  Laws  (sections  1  to  9,  inclusive,  chapter 
236,  commissioners'  report)  as  inserted  by  chapter  169,  Laws 
of  1939,  and  as  amended  by  section  3,  chapter  192,  Laws  of 
1939  and  chapters  38,  50,  83,  95,  96  and  section  1  of  chapter 
94,  Laws  of  1941,  by  striking  out  said  sections  and  inserting 
in  place  thereof  the  following:  1.  General  Provisions. 
Brook  trout  not  less  than  six  inches  in  length  may  be  taken 
and  possessed  from  May  first  to  September  first  in  all  waters 
of  the  state,  and  by  the  use  of  artificial  flies  only  in  lakes  and 
ponds  during  the  month  of  September,  except  in  those  waters 
closed  to  all  fishing  and  except  as  specifically  provided  in  the 
following  five  sections.  2.  Fly  Fishing  Only,  Six  Inch  Trout. 
Brook  trout  not  less  than  six  inches  in  length  may  be  taken 
and  possessed  from  May  first  to  October  first  by  the  use  of 
artificial  flies  only  from  the  following  waters:  Echo  lake, 
Conway ;  Ellis  river  beginning  at  the  south  side  of  the  covered 
bridge  at  Jackson  village  thence  upstream  to  the  junction  of 
the  Wildcat  and  Ellis  rivers;  the  Wildcat  river  from  its 
junction  with  the  Ellis  river  upstream  to  a  marker  one  hun- 
dred yards  south  of  the  Fairview  bridge,  so  called,  at  the  head 
of  Jackson  Falls;  the  Wildcat  river  from  a  marker  two  hun- 
dred yards  north  of  Fairview  bridge,  so  called,  upstream  to  a 
cement  bridge  commonly  known  as  Gill  bridge  on  the  so- 
called  Five  Mile  Circuit  road;  Hunkins  pond,  Sanbornton; 
James  pond,  Tamworth;  March  pond.  Hill;  Little  Millsfield 
pond,  Millsfield;  Moody  pond,  Weare;  Moose  pond,  Millsfield; 
Newfound  river,  from  the  dam  at  the  foot  of  Newfound  lake 
to  the  Dodge  and  Davis  woolen  mill  in  Bristol;  Profile  lake, 
Franconia;  Scobie's  pond,  Derry;  Shaw  pond,  Franklin;  Sky 
pond.  New  Hampton;  Stirrup  Iron  pond,  Salisbury;  Stone- 
house  pond,  Barrington;  Swift  river,  Tamworth;  White  pond, 
Ossipee.  3.  Fly  Fishing  Only,  Seven  Inch  Trout.  Brook 
trout  not  less  than  seven  inches  in  length  may  be  taken  and 
possessed  from  May  first  to  October  first  by  the  use  of 
artificial  flies  only  from  the  following  waters:      Coon   Brook 


256  Chapter  167  [1941 

Bog  and  its  tributaries,  Round  pond  and  its  tributaries,  Scott's 
Bog  and  its  tributaries.  East  Inlet  to  Second  Connecticut  lake 
and  its  tributaries,  all  in  Pittsburg,  and  Clarksville  pond  in 
Clarksville.  4.  Ten  Inch  Trout.  Brook  trout  not  less  than 
ten  inches  in  length  may  be  taken  with  and  by  the  use  of 
artificial  flies  only  in  Big  Brook,  Big  Brook  Bog  and  their 
tributaries  north  of  the  highway  leading  from  the  First  to 
the  Second  Connecticut  lake  from  May  first  to  September  first. 
In  Big  Brook  Bog  said  trout  may  also  be  taken  during  the 
month  of  September  by  the  use  of  artificial  flies  only. 
5.  Limitation.  During  the  period  from  May  first  to  October 
first  in  the  waters  named  in  sections  2,  3  and  4  no  fish  of  any 
kind  may  be  taken  except  by  the  use  of  artificial  flies  and  dur- 
ing the  period  from  October  first  to  May  first  in  said  waters 
no  fish  of  any  kind  shall  be  taken  in  any  manner.  6.  Suna- 
pee  Lake.  Brook  trout  not  less  than  ten  inches  in  length  may 
be  taken  and  possessed  in  Sunapee  lake  from  May  first  to 
September  first  and  by  the  use  of  artificial  flies  only  during 
the  month  of  September.  7.  Limits.  During  the  open 
season  therefor  as  provided  in  sections  1,  2  and  4  no  person 
may  take  more  than  fifteen  brook  trout  or  more  than  five 
pounds  in  weight  in  one  day.  During  the  open  season  there- 
for as  provided  in  sections  3  and  6  no  person  may  take  more 
than  ten  brook  trout  or  more  than  five  pounds  in  weight  in 
one  day.  8.  Exception.  During  the  open  season  therefor 
as  provided  in  the  preceding  sections  if  a  person  has  taken 
less  than  the  legal  number  of  brook  trout  and  less  than  five 
pounds  in  weight  he  shall  be  entitled  to  take  one  additional 
fish.  9.  Bag  Limit.  No  person  shall  have  in  his  possession 
at  one  time  more  than  two  days'  catch  of  brook  trout. 

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

[Approved  June  11,  1941.] 


1941]  Chapter  168  257 

CHAPTER  168. 

AN    ACT    RELATIVE    TO    SEWERAGE    SYSTEMS    IN    THE    CITIES    OP 
CONCORD,  LACONIA  AND  PORTSMOUTH. 

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

1.  Sewerage  System.  For  the  defraying  of  the  cost  of 
construction,  management,  maintenance,  operation,  recon- 
struction, replacement  and  repair  of  city  sewers  and  sewer 
systems,  including  treatment  and  disposal  works,  and  for  the 
payment  of  the  interest  and  principal  on  any  debt  incurred  to 
pay  such  costs,  the  mayor  and  aldermen  may  establish  a  scale 
of  rents,  to  be  called  sewer  rents,  which  shall  be  paid  by  the 
owner  or  owners  of  real  estate  connected  by  sewage  drains 
with  city  sewers  and  sewer  systems,  or  whose  real  estate  re- 
ceives special  benefit  therefrom  in  any  way.  The  mayor  and 
aldermen  may  prescribe  the  manner  in  which  and  the  time  at 
which  such  rents  are  to  be  paid  and  collected  and  may  change 
the  scale  of  rents  from  time  to  time  as  may  be  deemed 
advisable.  Such  rents  may  be  based  upon  the  metered  con- 
sumption of  water  on  the  premises  connected  with  the  sewer 
system,  the  number  and  kind  of  plumbing  fixtures  connected 
with  the  sewer  system,  the  number  of  persons  served  by  the 
sewer  system  or  upon  any  other  equitable  basis.  Funds  raised 
from  sewer  rents  shall  be  used  only  for  the  purposes  pre- 
scribed in  this  section. 

2.  Notice.  Notice  of  the  charges  for  sewer  rents  shall  be 
given  to  the  owner  or  owners  of  real  estate  chargeable  there- 
for in  such  manner  as  the  mayor  and  aldermen  shall  pre- 
scribe. The  procedure  for  the  abatement  of  sewer  rents  and 
for  appeals  in  case  of  neglect  or  refusal  to  abate  shall  be  as 
prescribed  by  sections  8,  9  and  10,  chapter  95,  Public  Laws. 

3.  Lien.  All  charges  for  sewer  rents  shall  become  a  lien 
upon  the  real  estate  served  by  the  city  sewer  system  or  the 
real  estate  on  account  of  which  they  are  charged.  Such  lien 
shall  continue  for  one  year  from  the  last  item  charged  in  said 
sewer  rents  and  may  be  enforced  by  suit  in  behalf  of  the  city 
against  the  owner  or  owners  of  such  real  estate.  In  case  an 
appeal  has  been  taken  and  the  charges  sustained  in  whole  or 
in  part,  such  lien  shall  continue  until  the  expiration  of  one 
year  from  such  decision.     The  record  of  the  charge  for  sewer 


258  Chapter  169  [1941 

rents  made  by  the  city  shall  be  sufficient  notice  to  maintain 
suit  upon  such  lien  against  subsequent  purchasers  or  attach- 
ing creditors  of  such  real  estate. 

4.  Rules  and  Regulations.  The  mayor  and  aldermen  may 
adopt  rules  and  regulations  pertaining  to  the  use  of  the 
sewerage  system  and  other  regulations  relating  to  the  system 
as  in  their  judgment  the  sewerage  system,  pumping  station, 
treatment  plant  or  other  structure  demands  for  proper 
maintenance  or  operation.  Any  person  wilfully  violating  such 
regulations  shall  be  fined  not  more  than  ten  dollars  for  each 
day  of  neglect  or  refusal  after  written  notice  has  been  given. 

5.  Application.  This  act  shall  apply  only  to  the  cities  of 
Concord,  Laconia  and  Portsmouth;  and  sections  5,  5-a,  5-b,  6, 
7  and  11,  chapter  95,  Public  Laws,  as  amended  by  chapter  98, 
Laws  of  1933  (sections  5  to  9,  inclusive,  and  13,  chapter  111, 
commissioners'  report)  shall  not  apply  to  said  cities. 

6.  Repeal.  Section  6  of  chapter  241  of  the  Laws  of  1893, 
relative  to  the  city  of  Laconia,  is  hereby  repealed  so  far  as 
the  same  is  inconsistent  herewith. 

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

[Approved  June  11,  1941.] 


CHAPTER  169. 


AN   ACT  RELATIVE  TO  THE  GROSS   WEIGHT   OF   MOTOR  VEHICLES 
HAVING  TWO  AXLES. 

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

1.  Motor  Vehicles,  Maximum  Weight  of  Vehicles  Having 
Two  Axles.  Amend  section  22  of  chapter  103,  Public  Laws, 
as  amended  by  chapter  77,  Laws  of  1927,  chapter  33,  Laws  of 
1929,  chapter  157,  Laws  of  1933,  chapter  133,  Laws  of  1935, 
chapter  82,  Laws  of  1937  and  chapter  131,  Laws  of  1939 
(section  37,  chapter  119,  commissioners'  report)  by  striking 
out  the  words  "twenty-eight  thousand"  and  by  substituting 
therefor  the  words,  thirty  thousand,  so  that  as  amended  said 
section  22  shall  read  as  follows:  22.  Weight.  No  vehicle 
having  two  axles  whose  gross  weight,  including  load,  is  more 
than  thirty  thousand  pounds,  no  vehicle  having  three  axles 


1941]  Chapter  170  259 

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  having  a  load  of  over  eight 
hundred  pounds  per  inch  width  of  tire  concentrated  on  the 
surface  of  the  highway,  said  width  in  the  case  of  rubber  tires 
to  be  measured  between  the  flanges  of  the  rim,  shall  be 
operated  on  the  highways  of  this  state;  provided  that  this 
shall  not  prohibit  the  operation  of  road  rollers  used  in  the 
construction  or  maintenance  of  highways.  The  state  highway 
commissioner  and  the  motor  vehicle  commissioner  shall  jointly 
have  the  power  to  grant  permits  upon  proper  application  in 
writing  to  move  objects  or  a  vehicle  and  load  having  a  weight, 
width  or  length  greater  than  as  herein  prescribed,  upon  such 
highways  and  at  such  seasons  of  the  year  as  in  their  opinion 
will  not  be  detrimental  to  the  preservation  of  said  highways 
and  the  public  use  thereof,  provided  that  said  commissioners 
may  require  a  hearing  before  granting  said  permit  and  that 
said  commissioners  may  withhold  said  permit  until  applicant 
has  filed  a  bond  to  cover  any  possible  damage  to  the  highways 
or  to  the  bridges  over  which  the  object  to  be  moved  may  pass 
and  to  fulfill  such  rules  and  regulations  as  are  prescribed  by 
said  commissioners.  This  act  shall  not  be  construed  to  limit 
the  powers  of  the  highway  commissioner,  selectmen  of  towns 
and  city  council  of  cities,  to  make  rules  and  regulations  for  the 
protection  and  to  prevent  the  abuse  of  highways  and  bridges 
as  provided  by  chapter  117,  Laws  of  1935,  which  is  an  amend- 
ment 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  June  12,  1941.] 


CHAPTER  170. 

AN  ACT  RELATING  TO  THE  USE  OF  COMMERCIAL  MOTOR  VEHICLES. 

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    (chapter   119,   commissioners'   report)    as 


260  Chapter  171  [1941 

amended  by  chapter  142,  Laws  of  1941,  by  adding  at  the  end 
thereof  the  following  new  subdivision: 

Trucks;  Carrying  Passengers  Prohibited 

36.  Use  Prohibited.  No  person,  firm,  association  or  corpo- 
ration shall  operate  or  permit,  allow  or  cause  to  be  operated, 
any  motor  vehicle  designed  or  constructed  by  the  manu- 
facturer exclusively  for  the  transportation  of  goods, 
materials,  commodities,  freight  or  merchandise,  for  the  pur- 
pose of  carrying  passengers  for  a  consideration  express  or 
implied. 

37.  Exceptions.  Nothing  in  section  36  shall  be  construed 
to  prevent  the  transportation  of  those  enrolled  at  summer 
camps  or  students,  teachers  or  employees  of  colleges  and 
schools  when  it  is  for  recreational  or  religious  purposes ;  or  of 
employees  of  any  town,  city,  county  or  the  state,  federal  gov- 
ernment, or  any  agency  thereof,  or  of  employees  of  the  owner 
of  any  such  vehicle  when  in  the  course  of  going  to  or  from 
their  place  of  employment;  or  when  transportation  is  in  a 
vehicle  approved  by  the  motor  vehicle  commissioner  under  sec- 
tion 8-c  hereof,  as  inserted  by  chapter  69,  Laws  of  1939. 

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

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

[Approved  June  12,  1941.] 


CHAPTER  171. 

AN  ACT  TO  PROVIDE  FOR  RESEARCH  ON  WOOD  WASTE  UTILIZATION. 

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

1.  Duties  of  Commission  on  Research.  It  shall  be  the 
duty  of  the  state  planning  and  development  commission  to 
arrange  for  the  continuation  of  research  work  recently  under- 
taken by  the  engineering  experiment  station  of  the  University 
of  New  Hampshire  for  the  purpose  of  developing  low  cost 
plastics  from  wood  waste  materials;  to  arrange  to  apply  for 


1941]  Chapter  172  261 

and  to  obtain  patents  upon  any  processes,  apparatus,  devices 
or  product,  consistent  with  the  patent  policies  of  the  Uni- 
versity of  New  Hampshire,  which  may  be  developed  as  a  re- 
sult of  such  research  and  to  license  the  use  of  such  patents 
to  such  persons  and  on  such  terms  as  said  commission  may 
consider  in  the  public  interest,  preference  to  be  given  to  New 
Hampshire  industries  and  special  preference  to  be  given  to 
contributors  to  the  fund,  as  provided  in  section  2  hereof.  All 
patents  shall  be  taken  in  the  name  of  or  assigned  to  The  State 
of  New  Hampshire.  All  royalties  or  other  revenues  received 
from  patent  licenses  shall  be  made  available  to  said  commis- 
sion for  conducting  further  research  work  at  said  engineering 
experiment  station  on  the  utilization  of  the  forest  products  of 
this  state. 

2.  Appropriation;  Contingency.  The  sum  of  twenty-five 
hundred  dollars  is  hereby  appropriated  to  be  expended  by  the 
state  planning  and  development  commission  for  the  purpose 
of  paying  one  half  of  the  cost  of  the  continuation  of  the  re- 
search work  on  plastics,  including  the  cost  of  procuring 
patents,  as  specified  in  section  1 ;  provided  and  not  until  there 
is  paid  into  the  state  treasury  by  subscription  from  the  wood- 
working industry  of  this  state  and  other  interested  sub- 
scribers a  like  sum  for  the  same  purposes.  The  sums  so  paid 
into  the  state  treasury  shall  be  held  in  a  separate  account  for 
the  purposes  of  this  act  alone  and  the  governor  is  hereby 
authorized  to  draw  his  warrant  for  the  sum  appropriated  by 
the  state,  or  so  much  thereof  as  may  be  necessary,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

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

[Approved  June  12,  1941.] 


CHAPTER  172. 


AN  ACT  RELATING  TO  A  LICENSE  TO  CARRY  A  LOADED  PISTOL  OR 

REVOLVER. 

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

1.     Pistols  and  Revolvers.     Amend  section  6  of  chapter  149, 
Pubhc  Laws   (section  6,  chapter  175,  commissioners'  report) 


262  Chapter  173  [1941 

by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  6.  License  to  Carry.  The  selectmen  of  a  town 
or  the  mayor  or  chief  of  police  of  a  city,  upon  application  of 
any  resident  of  said  town  or  city,  or  the  superintendent  of  the 
state  police  or  some  person  designated  by  him,  upon  applica- 
tion of  a  nonresident,  may  issue  a  license  to  such  applicant 
authorizing  him  to  carry  a  loaded  pistol  or  revolver  in  this 
state,  for  not  more  than  one  year  from  the  date  of  issue,  if  it 
appears  that  the  applicant  has  good  reason  to  fear  an  injury 
to  his  person  or  property  or  has  any  proper  purpose,  and  that 
he  is  a  suitable  person  to  be  licensed.  The  license  shall  be  in 
duplicate  and  shall  bear  the  name,  address,  description  and 
signature  of  the  licensee.  The  original  thereof  shall  be  de- 
livered to  the  licensee  and  the  duplicate  shall  be  preserved  by 
the  person  issuing  the  same  for  one  year.  The  fee  for  licenses 
issued  to  residents  of  the  state  shall  be  fifty  cents,  which  fee 
shall  be  for  the  use  of  the  law  enforcement  department  of  the 
town  granting  said  licenses;  the  fee  for  licenses  granted  to 
out  of  state  residents  shall  be  one  dollar,  which  fee  shall  be 
for  the  use  of  the  state. 

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

[Approved  June  12,  1941.] 


CHAPTER  173. 


AN  ACT  RELATIVE  TO  ENFORCEMENT  OF  THE  PROVISIONS  OF  THE 

BARBER  LAW. 

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

1.  Practice  of  Barbering.  Amend  section  21  of  chapter 
163  of  the  Laws  of  1937  (section  19  of  chapter  156  of  the 
commissioners'  report)  by  striking  out  said  section  and  insert- 
ing in  the  place  thereof  the  following:  21.  Penalties.  The 
violation  of  or  wilful  failure  to  comply  with  any  of  the  pro- 
visions hereof  or  of  any  rule  or  regulation  lawfully  made  here- 
under shall  constitute  a  misdemeanor  punishable  by  a  fine  of 
not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars.  In  towns  and  cities  having  a  full-time  health  officer 
it  shall  be  the  duty  of  said  health  officer,  with  the  cooperation 


1941]  Chapter  174  263 

of  the  state  board  of  health,  to  enforce  the  provisions  of  this 
chapter  by  inspections  of  all  barber  shops  therein  periodically, 
to  prosecute  in  the  courts  any  violations  discovered  and  to  re- 
port such  violations  to  the  examining-  and  licensing  board.  In 
towns  and  cities  not  having  a  full-time  health  officer,  it  shall 
be  the  duty  of  the  examining  and  licensing  board  to  enforce, 
with  the  cooperation  of  the  state  board  of  health,  the  pro- 
visions of  this  chapter  by  inspections  of  all  barber  shops 
therein  periodically  and  to  prosecute  in  the  courts  any  viola- 
tions discovered.  In  connection  with  the  carrying  out  of  said 
inspections  the  rules  and  regulations  promulgated  by  the  state 
board  of  health  under  authority  of  section  2  of  chapter  140, 
Public  Laws,  shall  govern. 

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

[Approved  June  12,  1941.] 


CHAPTER  174. 

AN  ACT  RELATING  TO  EXEMPTIONS  FROM  TAXATION. 

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

1.  Property  Taxation.  Amend  section  22  of  chapter  60 
of  the  Public  Laws,  as  amended  by  chapter  4,  Laws  of  1930 
(section  23,  chapter  73,  commissioners'  report)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
22.  Institutional  Exemptions.  The  personal  property  of  in- 
stitutions devoted  to  educational  purposes,  charitable  and  re- 
ligious societies,  and  of  temperance  societies,  incorporated  or 
organized  within  this  state,  and  the  real  estate  owned  and 
occupied  by  them,  their  officers,  or  their  students  for  the  pur- 
poses for  which  they  are  established,  parsonages  occupied  by 
pastors  of  churches,  and  personal  property  owned  and  real 
estate  owned  and  occupied  by  the  Grand  Army  of  the  Republic, 
the  United  Spanish  War  Veterans,  Veterans  of  Foreign  Wars, 
the  American  Legion,  or  the  American  National  Red  Cross, 
shall  be  exempt  from  taxation,  provided  none  of  the  income  or 
profits  of  the  business  of  such  corporations  or  institutions  is 
divided  among  the  stockholders  or  members,  or  is  used  or 
appropriated    for    other    than    educational,  charitable  or  re- 


264  Chapter  174  [1941 

ligious  purposes.  No  institution  shall  be  deemed  an  edu- 
cational institution  for  the  purpose  hereof  unless  it  conducts 
regular  courses  of  instruction,  under  a  curriculum  approved 
by  the  state  board  of  education,  for  at  least  six  months  of 
each  calendar  year ;  and  no  institution,  except  it  be  a  regularly 
recognized  and  constituted  denomination,  sect,  or  creed,  shall 
be  deemed  a  religious  institution  for  the  purpose  hereof,  un- 
less it  conducts  religious  services  in  this  state  for  at  least  six 
months  of  each  calendar  year.  This  limitation,  however, 
does  not  apply  to  property  of  any  institution  or  organization 
exempted  from  taxation  by  special  act  of  the  legislature. 

2.  Application  of  Provisions.  Amend  section  25-a  of 
chapter  60,  Public  Laws,  as  inserted  by  chapter  148,  Laws  of 
1931,  and  amended  by  chapter  175,  Laws  of  1937  (section  27, 
chapter  73,  commissioners'  report)  by  adding  after  the  word 
"Legion"  the  words,  the  American  National  Red  Cross,  so 
that  said  section  shall  read  as  follows :  25-a.  Improvements 
Only  Exempted;  Limitations.  The  exemptions  referred  to  in 
sections  22,  24  and  25  of  this  chapter,  as  regards  real  estate 
hereafter  acquired  by  such  institutions,  shall  apply  only  to 
subsequent  improvements  therein  and  thereon,  and  the  real 
estate  so  acquired  shall  be  assessed  and  taxed  as  other  similar 
land  and  real  estate  in  the  vicinity  is  assessed  and  taxed. 
This  section  shall  not  apply  to  real  estate  owned  by  religious 
societies  incorporated  or  organized  within  this  state  and 
occupied  by  their  pastors  or  clergy  in  active  service  or  to 
real  estate  owned  and  occupied  by  the  Grand  Army  of  the 
Republic,  the  United  Spanish  War  Veterans,  Veterans  of 
Foreign  Wars,  the  American  Legion,  the  American  National 
Red  Cross,  or  to  real  estate  acquired  and  used  in  substitution 
for  property  in  this  state  theretofore  exempt  from  taxation. 

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

[Approved  June  12,  1941.] 


1941]  Chapters  175,  176  265 

CHAPTER  175. 

AN  ACT  RELATING  TO  UNINCORPORATED  SOCIETIES  OR  LODGES. 

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

1.  Fraternal  Organizations.  Amend  chapter  223  of  the 
PubHc  Laws  (chapter  263,  commissioners'  report)  by  adding 
at  the  end  thereof  the  following  new  subdivision: 

Fraternal  Organizations 

12.  Holding  Property.  Unincorporated  societies  or  lodges 
of  Elks,  Knights  of  Columbus,  Knights  of  Pythias,  Masons, 
Moose  and  Odd  Fellows,  or  other  similar  fraternal  organi- 
zations shall  be  corporations  so  far  as  may  be  necessary  to 
take,  hold,  manage  and  use  any  gift  or  grant  made  to  them 
as  such  and  any  gifts  or  grants  heretofore  made  to  any  such 
societies  or  lodges  are  hereby  fully  ratified  and  confirmed  to 
them  in  their  aforesaid  corporate  capacity,  and  said  societies, 
lodges,  and  organizations  may  sue  and  be  sued  in  regard  to 
such  property  in  said  corporate  capacity. 

13.  Deemed  Corporations  for  What  Purposes.  The 
trustees  or  other  similar  officers  of  such  societies  or  lodges 
shall  be  deemed  bodies  corporate  for  the  purpose  of  taking 
and  holding  in  succession  grants  and  gifts  whether  of  real  or 
personal  estate  made  either  to  them  and  their  respective 
societies  or  lodges  and  said  trustees  or  other  similar  officers 
with  the  consent  of  the  societies  or  lodges  may  convey  the 
lands  or  other  property  of  such  societies  or  lodges. 

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

[Approved  June  12,  1941.] 


CHAPTER  176. 


AN  ACT   PROVIDING  A  DEFICIENCY  APPROPRIATION   FOR  CERTAIN 
STATE  DEPARTMENTS. 

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

1.     Appropriation.     The  sum  of  seventy-four  thousand  one 
hundred  twenty-five  dollars  and  three  cents   ($74,125.03)   is 


266  Chapter  177  [1941 

hereby  appropriated  to  meet  deficits  in  certain  state  depart- 
ments, as  follows:  For  the  tax  commission,  tobacco  products 
tax  division,  for  the  fiscal  year  ending-  June  30,  1940,  twenty- 
eight  thousand  five  hundred  four  dollars  and  sixty-three  cents 
($28,504.63) ;  for  the  fiscal  year  ending  June  30,  1941,  ten 
thousand  nine  hundred  fifty-four  dollars  and  thirty-seven 
cents  ($10,954.37) ;  for  the  adjutant  general's  department, 
national  guard,  for  the  fiscal  year  ending  June  30,  1940,  eight 
thousand  nine  hundred  seven  dollars  and  sixty-nine  cents 
($8,907.69)  ;  for  the  fiscal  year  ending  June  30,  1941,  six 
thousand  five  hundred  eighty-three  dollars  and  eighty-seven 
cents  ($6,583.87) ;  for  the  cancer  commission,  for  the  fiscal 
year  ending  June  30,  1940,  six  thousand  dollars  and  ninety- 
seven  cents  ($6,000.97) ;  for  the  secretary  of  state,  Australian 
ballot,  for  the  fiscal  year  ending  June  30,  1941,  thirteen  thou- 
sand one  hundred  seventy-three  dollars  and  fifty  cents 
($13,173.50) .  The  governor  is  hereby  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  12,  1941.] 


CHAPTER  177. 

AN  ACT  TO  EXTEND  THE  COMMISSION  ON  DISABILITY  BENEFITS. 

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

1.  Commission  on  Disability  Benefits.  The  members  of 
the  commission  on  disability  benefits  constituted  under  the 
provisions  of  chapter  206  of  the  Laws  of  1939  shall  continue 
as  such  commission  for  a  period  of  two  years  each  from  the 
date  of  the  passage  of  this  act.  Said  commission  shall  com- 
pile a  further  report  on  the  possibility  of  protecting  in- 
dividuals unemployed  because  of  sickness  or  ill  health  and 
shall  file  said  report  in  the  office  of  the  secretary  of  state.  Any 
balance  of  the  appropriation  for  the  purposes  of  said  com- 
mission made  by  said  chapter  206  shall  not  lapse  until  two 
years  from  the  date  of  the  passage  of  this  act. 


1941]  Chapters  178,  179  267 

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

[Approved  June  12,  1941.] 


CHAPTER  178. 

AN  ACT  RELATING  TO  NONRESIDENT  PRIVILEGES. 

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

1.  Operation  of  Motor  Vehicles.  Amend  chapter  100  of 
the  Public  Laws  by  inserting  after  section  23  (section  31, 
chapter  116,  commissioners'  report)  the  following  new  section: 
23-a.  Vehicles  Carrying  Farm  Products.  Provided  like 
privileges  are  found  by  the  commissioner  to  be  granted  to 
residents  of  this  state  a  nonresident  who  has  complied  with 
the  laws  of  his  state,  district  or  country  relating  to  registra- 
tion and  licensing  of  motor  vehicles  may  operate  without  regis- 
tration upon  the  ways  of  this  state  a  motor  vehicle  used  by 
him  for  carrying  any  farm  products  grown  or  raised  upon  his 
own  farm  and  the  restrictions  as  to  twenty-day  use  as  pro- 
vided in  section  22  hereof  shall  not  apply  to  such  vehicles. 

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

[Approved  June  12,  1941.] 


CHAPTER  179. 


AN  ACT  MAKING  APPROPRIATIONS  FOR  CERTAIN   STATE  DEPART- 
MENTS OF  THE  STATE  OF  NEW  HAMPSHIRE  FOR  THE 
YEAR  ENDING  JUNE  30,  1942. 

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  revenues  specially  designated 
for  the  departments  and  functions  for  the  fiscal  year  ending 
June  30,  1942,  to  wit: 


268  Chapter  179  [1941 

For  state  liquor  commission: 
Liquor  administration 

Salaries   of   commissioners,   one 

half  $6,000.00 

Other  salaries 43,977.50 

Current  expenses 25,900.00 

Total  $75,877.50 

Beer  administration 

Salaries   of   commissioners,    one 

half  $6,000.00 

Other  salaries   51,340.00 

Current  expenses 44,500.00 

Total  101,840.00 

Liquor  enforcement 

Salaries   $13,787.50 

Current  expenses 8,515.00 

Total 22,302.50 

Store  division 

Salaries   $234,890.00 

Current  expenses 135,450.00 

Total  370,340.00 

Warehouse  division 

Salaries   $25,525.00 

Current  expenses    14,850.00 

Total  40,375.00 

Total  state  liquor  commission  $610,735.00 

For  board  of  registration  of  hairdressers  : 

Per  diem,  board  members $2,575.00 

Clerical  services  1,320.00 

Current  expenses    3,840.00 

Total  hairdressers'  board $7,735.00 


1941]  Chapter  179  269 

For  barbers'  board: 

Per  diem,  board  members $1,500.00 

Salary  of  secretary 300.00 

Clerical  expenses 830.00 

Extra  help 25.00 

Current  expenses 1,762.00 

Total  barbers'  board $4,417.00 

For  board  of  accountancy $830.00 

For  dental  board $675.00 

For  motor  vehicle  department: 
Administration 

Salary  of  commissioner $4,000.00 

Salary  of  assistant  to  commis- 
sioner         3,000.00 

Clerical  services  75,450.00 

Current  expenses 103,650.00 

Total $186,100.00 

Motor  vehicle  patrol 

Salaries  of  inspectors $27,331.50 

Extra  help   4,150.00 

Current  expenses    21,350.50 

Total  52,832.00 

Gasoline  toll  division 

Salaries   $2,184.00 

Current  expenses 2,816.00 

Total 5,000.00 


Total  motor  vehicle  department $243,932.00 

For  highway  department : 
Administration 

Salaries  and  wages $46,555.00 

Current  expenses 68,445.00 

Total  $115,000.00 


270                                  Chapter  179  [1941 

Engineering    $338,000.00 


Total  highway  department $453,000.00 

The  above  appropriation  for  the  highway  department  shall 
be  for  the  fiscal  year  ending  January  31,  1942. 

For  department  of  agriculture: 

Licensing  live  poultry  dealers $157.00 

For  racing  commission: 

Salaries  of  commissioners $3,600.00 

Temporary  employees 16,500.00 

Chemist  and  laboratory 6,000.00 

Clerical  services 1,650.00 

Current  expenses 4,350.00 

Total  racing  commission  $32,100.00 

For  aerial  tramway  commission: 

Expenses  of  commissioners $2,000.00 

Salary  of  director  .  .• 4,000.00 

Other  salaries 50,440.00 

Current  expenses 36,920.00 

Improvements  15,000.00 

Total  tramway  commission $108,360.00 

For  board   of   registration   of   funeral 
directors  and  embalmers: 

Personal  services $1,265.00 

Current  expenses   3,010.00 

Total  $4,275.00 

For  board  of  registration  in  chiropody $357.00 

For  board  of  registration  in  medicine : 

Personal  services $560.00 

Current  expenses 818.00 

Total  $1,378.00 

2.    Takes  Effect.    This  act  shall  take  effect  July  1,  1941. 
[Approved  June  13,  1941.] 


1941]  Chapter  180  271 

CHAPTER  180. 

AN  ACT  MAKING  APPROPRIATIONS  FOR  CERTAIN   STATE  DEPART- 
MENTS OF  THE  STATE  OF  NEW  HAMPSHIRE  FOR  THE 
YEAR  ENDING  JUNE  30,  1943. 

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

1.  Appropriations.  The  sums  hereinafter  mentioned  are 
appropriated  to  be  paid  out  of  revenues  specially  designated 
for  the  departments  and  functions  for  the  fiscal  year  ending 
June  30,  1943,  to  wit : 

For  state  liquor  commission: 

Liquor  administration 
Salaries   of  commissioners,   one 

half $6,000.00 

Other  salaries 44,902.50 

Current  expenses 25,900.00 

Total  $76,802.50 

Beer  administration 

Salaries   of   commissioners,    one 

half  $6,000.00 

Other  salaries  51,615.00 

Current  expenses  44,500.00 

Total  102,115.00 

Liquor  enforcement 

Salaries   $13,837.50 

Current  expenses    8,515,00 

Total 22,352.50 

Store  division 

Salaries   $234,890.00 

Current  expenses 136,450.00 

Total  371,340.00 


272  Chapter  180  [1941 

Warehouse  division 

Salaries   $25,805.00 

Current  expenses 14,850.00 

Total  40,655.00 


Total  state  liquor  commission   $613,265.00 

For  board  of  registration  of  hairdressers : 

Per  diem,  board  members $2,575.00 

Clerical  services 1,370.00 

Current  expenses 3,840.00 

Total  hairdressers'  board $7,785.00 

For  barbers'  board: 

Per  diem,  board  members $1,500.00 

Salary  of  secretary 300.00 

Clerical 830.00 

Extra  help 25.00 

Current  expenses  1,762.00 

Total  barbers'  board $4,417.00 

For  board  of  accountancy $830.00 

For  dental  board $680.00 

For  motor  vehicle  department: 
Administration 

Salary  of  commissioner $4,000.00 

Salary  of  assistant  to  the  com- 
missioner         3,000.00 

Clerical  services 77,300.00 

Current  expenses 103,650.00 

Total $187,950.00 

Motor  vehicle  patrol 

Salaries  of  inspectors $27,331.50 

Extra  help   4,880.00 

Current  expenses 21,350.50 

Total  53,562.00 


1941]  Chapter  180  273 

Gasoline  toll  division 

Salaries   $2,184.00 

Current  expenses 2,816.00 

Total  5,000.00 

Total  motor  vehicle  department $246,512.00 

For  highway  department: 
Administration 

Salaries  and  wages  $46,555.00 

Current  expenses  68,445.00 

Total  $115,000.00 

Engineering 331,000.00 

Total  highway  department  $446,000.00 

The  above  appropriation  for  the  highway  department  shall 
be  for  the  fiscal  year  ending  January  31,  1943. 

For  department  of  agriculture: 

Licensing  live  poultry  dealers   $162.00 

For  racing  commission : 

Salaries  of  commissioners $3,600.00 

Temporary  employees 16,500.00 

Chemist  and  laboratory    6,000.00 

Clerical  services   1,650.00 

Current  expenses  4,150.00 

Total  racing  commission  $31,900.00 

For  aerial  tramway  commission: 

Expenses  of  commissioners $2,000.00 

Salary  of  director 4,000.00 

Other  salaries  50,440.00 

Current  expenses 36,545.00 

Improvements   15,000.00 

Total  tramway  commission $107,985.00 


274  Chapter  181  [1941 

For  board   of   registration   of  funeral 
directors  and  embalmers: 

Personal  services $1,375.00 

Current  expenses  3,085.00 

Total  $4,460.00 

For  board  of  registration  in  chiropody $361.00 

For  board  of  registration  in  medicine: 

Personal  services $560.00 

Current  expenses 752.00 

Total  $1,312.00 

2.     Takes  Effect.     This  act  shall  take  effect  July  1,  1942. 
[Approved  June  12,  1941.] 


CHAPTER  181. 


AN  ACT  MAKING  APPROPRIATIONS  FOR  CAPITAL  IMPROVEMENTS 

AND  LONG  TERM  REPAIRS  FOR  THE  STATE  OF 

NEW  HAMPSHIRE. 

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

1.  State  Hospital.  I.  Amend  paragraph  (j)  of  section  1, 
chapter  221,  Laws  of  1939,  as  amended  by  chapter  124,  Laws 
of  1941,  by  striking  out  said  paragraph  and  inserting  in  place 
thereof  the  following:  (j)  the  construction  and  equipment 
of  an  addition  to  the  Brown  building  at  the  state  hospital  to 
accommodate  approximately  one  hundred  twenty  patients. 
II.  In  view  of  the  change  in  one  of  the  projects  named  in 
said  section  1  of  said  chapter  221,  provided  for  by  this  section, 
there  is  hereby  appropriated  for  the  purposes  set  forth  in 
said  section  1  of  said  chapter  221  the  sum  of  one  hundred 
thousand  dollars,  which  appropriation  is  in  addition  to  the 
appropriations  made  by  said  chapter  221. 

2.  Appropriation.  The  sum  of  two  hundred  sixteen  thou- 
sand dollars  is  hereby  appropriated  for  the  purposes  and  in 
the  amounts  listed  below,  which  purposes  include  such  related 
improvements,  facilities,  equipment  and  furnishings  as  are 
necessary  to  complete  the  same: 


1941]  Chapter  181  275 

(a)  to  construct  and  equip  a  new  carpenter 

shop  at  the  state  hospital $10,000 

(b)  to  enlarge  the  dining  rooms  and  kitchen 
space  and  facilities  and  to  construct  a  vegetable 
greenhouse  at  the  Laconia  State  School $50,000 

<c)  to  make  general  repairs  to  the  Clare- 
mont  armory $13,500 

(d)  to  make  general  repairs  to  the  Ports- 
mouth armory $10,500 

(e)  to  construct  a  house  for  the  superinten- 
dent of  the  fish  hatchery  at  Whitefield $3,500 

(f)  to  acquire  and  construct  a  rearing 
station  for  fish  at  Sumner  Brook  in  Ossipee.  . .  .     $14,500 

(g)  to  reconstruct  the  front  entrance  and 
guard  room  at  the  state  prison  and  to  complete 
the  kitchen  and  dining  room  equipment  of  the 
new  cell  block,  and  erect  steel  grills  along  tier 

walks   $37,500 

(h)  to  make  alterations  in  the  women's  sec- 
tion of  the  state  prison $11,400 

(i)  to  make  improvements  at  the  state  sana- 
torium, Glencliff,  consisting  mainly  of  altera- 
tions at  the  heating  plant,  a  new  chimney,  and 
the  replacement  of  a  portion  of  the  main  sewer       $9,600 

(j)  to  make  alterations  in  the  state  house  to 
enlarge  the  seating  capacity  of  representatives 
hall  and  renovate  the  senate  and  council 
chambers $10,500 

(k)  to  acquire,  construct  and  maintain  a 
parking  area  upon  land  at  the  corner  of  North 
State  and  Center  Streets  in  Concord $6,000 

(1)  to  acquire,  alter  and  equip  a  state  storage 
warehouse $35,000 

(m)  for  the  completion  of  the  New  Hamp- 
shire bird  life  exhibit  situated  in  the  basement 

of  the  state  house  $4,000 

The  appropriation  hereby  made  shall  be  expended  by  the 
institutions  and  departments  referred  to  herein  under  the 
direction  of  the  governor  and  council  and  in  accordance  with 
plans  and  specifications  approved  by  said  governor  and 
council. 


276  Chapter  181  [1941 

3.  Bonds  or  Notes  Authorized.  To  provide  funds  for  the 
appropriations  made  by  sections  1  and  2  hereof,  the  state 
treasurer  is  hereby  authorized  under  the  direction  of  the  gov- 
ernor and  council  to  borrow  upon  the  credit  of  the  state  not 
exceeding  the  sum  of  three  hundred  and  sixteen  thousand 
dollars,  and  for  that  purpose,  may  issue  bonds  or  notes  in  the 
name  and  on  the  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  counter- 
signed 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  ex- 
pended or  due  for  the  purposes  herein  authorized.  Such 
bonds  or  notes  may  be  negotiated  and  sold  by  the  treasurer  by 
direction  of  the  governor  and  council  as  they  deem  to  be  most 
advantageous  to  the  state. 

4.  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 
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. 

5.  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  how- 
ever that  at  no  one  time  shall  the  indebtedness  of  the  state 
on  such  short-term  loans  exceed  the  sum  of  three  hundred 
sixteen  thousand  dollars. 

6.  Federal  Assistance.  The  governor  and  council  are  here- 
by authorized  to  cooperate  with  and  enter  into  such  agree- 


1941]  Chapter  182  277 

ments  with  the  federal  government,  or  any  agency  thereof,  as 
they  may  deem  advisable  to  secure  federal  funds  for  the  pur- 
poses hereof. 

7.  Transfer  of  Funds.  In  the  event  any  one  of  the 
projects  listed  herein  is  completed  at  a  cost  less  than  the 
amount  appropriated  therefor,  the  surplus  therefrom  may  be 
transferred  to  any  of  the  other  projects  under  direction  of 
the  governor  and  council. 

8.  Repeal.  Sections  2,  3,  4,  5  and  6  of  chapter  225  of  the 
Laws  of  1939  are  hereby  repealed. 

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

[Approved  June  12,  1941.] 


CHAPTER  182. 


AN  ACT  RELATIVE  TO  THE  RAYMOND  ROAD  IN  THE  TOWN  OF 
NOTTINGHAM. 

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

1.  Change  in  Classification.  On  and  after  the  date  of  the 
passage  of  this  act  the  road  in  Nottingham  running  from  the 
Nottingham-Raymond  town  line  to  the  Northwood  to  New- 
market road  route  152,  known  as  the  Raymond  road,  shall  be 
classified  and  become  a  part  of  the  secondary  system  of  high- 
ways as  established  by  section  1,  chapter  67,  Laws  of  1937 
(section  35,  chapter  100,  commissioners'  report)  and  shall  be 
improved  under  the  direction  of  the  highway  commissioner 
and  the  expense  of  such  improvement  shall  be  borne  by  the 
state  and  the  town  of  Nottingham  in  the  proportion  required 
by  chapter  84,  Public  Laws,  as  amended.  Said  highway  and 
any  bridges  thereon  constructed  under  the  provisions  hereof 
shall  be  maintained  by  the  state. 

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

[Approved  June  12,  1941.] 


278  Chapters  183,  184  [1941 

CHAPTER  183. 

AN  ACT  RELATIVE  TO  THE  OPEN  SEASON  FOR  TAKING  SALT 
WATER  SMELT. 

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

1.  Closed  Season.  Amend  section  54  of  chapter  201  of  the 
Public  Laws,  as  inserted  by  chapter  169  of  the  Laws  of  1939 
(section  54,  chapter  236,  commissioners'  report)  by  striking 
out  the  word  "fifteenth"  in  the  fourth  line  and  inserting  in 
place  thereof  the  word,  twentieth,  so  that  said  section  as 
amended  shall  read  as  follows:  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  twentieth  to  July 
first.  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  June  12,  1941.] 


CHAPTER  184. 

AN  ACT  RELATIVE  TO  THE  MUNICIPAL  BUDGET  LAV\^. 

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

1.  Municipal  Budget  Act.  Amend  section  4  of  chapter  9 
of  the  Laws  of  1935  (section  4,  chapter  52,  commissioners'  re- 
port) by  adding  at  the  end  thereof  the  following:  provided, 
however,  that  the  budget  committee  may  also  submit,  with- 
out approval,  items  which  they  do  not  wish  to  recommend 
but  which  they  believe  the  voters  should  be  allowed  to  con- 
sider and  act  upon,  either  favorably  or  unfavorably.  Money 
may  be  raised  and  appropriated  for  such  items,  but  not  to  an 
amount  which  would  increase  the  total  appropriations,  as 
recommended  by  the  budget  committee,  by  more  than  the  ten 
per  cent  allowed  hereunder,  so  that  said  section  as  amended 
shall  read  as  follows:  4.  Limitation.  So  long  as  the  pro- 
visions of  this  act  shall  remain  in  force  in  any  town  the  total 


1941]  Chapter  185  279 

amount  appropriated  at  any  annual  town  or  school  meeting 
shall  not  exceed  by  more  than  ten  per  cent  the  total  amount 
specified  in  the  budget  for  town  or  school  purposes  and  no 
appropriation  shall  be  made  for  any  purpose  not  included  in 
said  budget,  provided,  however,  that  the  budget  committee 
may  also  submit,  without  approval,  items  which  they  do  not 
wish  to  recommend  but  which  they  believe  the  voters  should 
be  allowed  to  consider  and  act  upon,  either  favorably  or  un- 
favorably. Money  may  be  raised  and  appropriated  for  such 
items,  but  not  to  an  amount  which  would  increase  the  total 
appropriations,  as  recommended  by  the  budget  committee,  by 
more  than  the  ten  per  cent  allowed  hereunder. 

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

[Approved  June  13,  1941.] 


CHAPTER  185. 

AN  ACT  RELATING  TO  BOXING  AND  WRESTLING. 

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

1.  State  Athletic  Commission.  Amend  section  3,  chapter 
132  of  the  Laws  of  1929  (section  3,  chapter  169,  commission- 
ers' report)  by  inserting  in  the  fifth  line  after  the  word  "re- 
ceive" the  words,  five  dollars  a  day,  so  that  said  section  as 
amended  shall  read  as  follows:  3.  Compensation.  The 
chairman-secretary  shall  receive  six  dollars  a  day  when  en- 
gaged in  the  performance  of  his  duties  under  the  provisions 
of  this  act,  together  with  his  actual  traveling  and  other 
necessary  expenses.  The  other  two  commissioners  shall  re- 
ceive five  dollars  a  day,  traveling  and  other  necessary  ex- 
penses incurred  when  engaged  in  the  actual  performance  of 
their  duties  at  the  call  of  the  chairman.  Said  compensation 
and  expenses  shall  be  paid  out  of  the  athletic  fund. 

2.  Licenses  and  Permits.  Amend  section  16  of  said  chapter 
132,  as  inserted  by  chapter  179,  Laws  of  1937  (section  15, 
chapter  169,  commissioners'  report)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  16.  Fees. 
With  the  approval  of  the  governor  and  council  the  commis- 
sion may  annually  set  such  fees  for  permits  as  it  shall  con- 


280  Chapter  186  [1941 

sider  adequate  and  proper.  Such  fees  may  be  set  for  permits 
for  one  show  only  for  promoter,  boxer,  wrestler,  timekeeper, 
second  and  manager,  with  graduated  fees  for  preliminary 
bout,  semi-final  or  main  bout,  or  all  star  exhibition,  and  annual 
fees  may  be  set  for  licenses  for  such  promoter,  boxer,  wrestler, 
manager,  referee,  second  and  timekeeper.  The  commission 
may  issue  to  an  amateur  boxer  or  wrestler  an  amateur  card 
which  shall  be  valid  for  one  year  and  the  fee  for  such  amateur 
card  shall  be  twenty-five  cents. 

3.  Boxing  Bouts.  Amend  section  21  of  said  chapter  132, 
as  amended  by  chapter  179,  Laws  of  1937  (section  21,  chapter 
169,  commissioners'  report)  by  striking  out  in  the  second  line 
the  word  "ten"  and  inserting  in  place  thereof  the  word, 
fifteen,  so  that  said  section  as  amended  shall  read  as  follows: 
21.  Time  Limit.  No  boxing  bout  shall  consist  of  more  than 
fifteen  rounds  and  each  round  shall  not  be  more  than  three 
minutes'  duration  with  at  least  one  minute's  rest  between  the 
rounds.  No  wrestling  bout  shall  last  more  than  ninety 
minutes  in  all. 

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

[Approved  June  13,  1941.] 


CHAPTER  186. 


AN  ACT  DESIGNATING  FOR  IMPROVEMENT  A  NEW  DEFENSE 

HIGHWAY. 

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

1.  Highway  Designated.  For  the  purpose  of  relieving 
congestion  on  the  Daniel  Webster  highway  and  to  provide 
further  highway  facilities  which  may  be  needed  in  connection 
with  defense  projects  by  the  federal  and  state  governments, 
the  highway  commissioner,  with  the  approval  of  the  governor 
and  council,  may  designate  for  improvement  by  suitable 
description  a  continuous  state  highway  from  the  Londonderry 
Turnpike,  in  the  town  of  Hooksett,  northerly  on  the  east  side 
of  the  Merrimack  river  and  to  the  east  of  the  Daniel  Webster 
highway,  through  the  towns  of  Allenstown  and  Pembroke  to 
the  Sheep-Davis  road,  so  called,  in  the  city  of  Concord  to  the 


1941]  Chapter  187  281 

junction  of  the  Dover  and  Loudon  roads,  or  such  part  thereof 
as  may  be  best  for  the  pubHc  good. 

2.  Changes  in  Routes.  Said  commissioner  is  authorized  to 
recommend  to  the  governor  and  council  such  changes  in  the 
routes  of  existing  highways  over  which  said  designated  high- 
way may  pass  as  he  shall  think  expedient.  The  making  of 
changes  in  the  routes  of  such  highways  and  the  taking  of  land 
necessary  for  the  proposed  new  highway  shall  be  by  proceed- 
ings as  for  the  laying-out  of  highways  to  public  waters. 

3.  Expenditures.  The  cost  of  the  layout  and  improvement 
of  the  highway  designated  in  section  1,  so  far  as  expenditures 
by  the  state  are  concerned,  shall  be  a  charge  upon  the  highway 
funds. 

4.  Contingency.  The  layout  and  improvement  of  the  high- 
way designated  in  section  1  shall  be  contingent  upon  the 
granting  of  assistance  by  the  federal  government  to  the  state, 
for  the  purposes  hereof,  of  such  funds  or  labor  or  other 
facilities  as  shall  appear  to  the  highway  commissioner  to  be 
sufficient,  with  the  contribution  from  state  highway  funds  as 
provided  in  section  3,  for  the  carrying  out  of  the  purposes 
hereof. 

5.  Federal  Assistance.  The  governor  and  council  are 
hereby  authorized  to  cooperate  with  and  enter  into  such  agree- 
ments with  the  federal  government,  or  any  agency  thereof, 
as  they  may  deem  advisable  to  secure  federal  assistance  for 
the  purposes  hereof. 

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

[Approved  June  13,  1941.] 


CHAPTER  187. 


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

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

1.  Temporary  Salary  Increase.  For  each  of  the  periods 
from  April  1,  1941,  to  April  1,  1942,  and  from  April  1,  1942, 
to  April  1,  1943,  each  county  commissioner  of  the  county  of 
Rockingham,  in  addition  to  the  salary  provided  for  by  section 


282  Chapters  188,  189  [1941 

28,  chapter  38,  Public  Laws  as  amended  (section  28,  chapter 
47,  commissioners'  report)  shall  be  allowed  and  paid  by  the 
county  the  sum  of  three  hundred  dollars,  and  the  commis- 
sioner of  said  county  who  serves  as  clerk  of  the  board  shall 
for  each  of  said  periods  receive  an  additional  sum  of  one  hun- 
dred dollars. 

2.  Ratification.  The  action  of  the  Rockingham  county  con- 
vention in  giving  the  commissioners  of  said  county  a  tempo- 
rary salary  increase  for  the  years  1937  to  1941  is  hereby 
ratified  and  confirmed. 

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

[Approved  June  13,  1941.] 


CHAPTER  188. 

AN  ACT  NAMING  CALEF  LAKE. 

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

1.  Name  Given.  Hereafter  the  body  of  water  in  the  town 
of  Auburn,  formed  by  the  dam  on  Minter  brook,  shall  be 
known  and  called  Calef  lake. 

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

[Approved  June  13,  1941.] 


CHAPTER  189. 


AN  ACT  RELATIVE  TO  THE  PRACTICE  OF  HAIRDRESSING  AND 

MANICURING. 

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

1.  Definition.  Amend  paragraph  IV  of  section  2,  chapter 
162,  Laws  of  1937  (section  1,  chapter  155,  commissioners'  re- 
port) by  striking  out  the  same  and  inserting  in  place  thereof 
the  following:  IV.  "Hairdressing,"  arranging,  dressing, 
curling,  waving,  cleansing,  cutting,  singeing,  bleaching,  color- 
ing, or  similarly  treating  the  hair  of  any  person,  and  perform- 
ing work  as  a  cosmetologist  and  manicurist,  but  not  including 


1941]  Chapter  189  283 

the  removal  of  superfluous  hair  or  skin  blemishes  by  direct 
appHcation  of  an  electric  current. 

2.  Repeal.  Paragraph  V  of  section  1  [2]  of  said  chapter 
162  (said  chapter  155)  defining  the  word  operator  is  hereby 
repealed.  Said  chapter  162  is  further  amended  by  striking 
out  the  word  "operator"  wherever  it  occurs  in  said  chapter. 

3.  Definition.  Amend  paragraph  VI  of  section  2,  chapter 
162,  Laws  of  1937  (section  1,  chapter  155,  commissioners'  re- 
port) by  striking  out  the  same  and  inserting  in  place  thereof 
the  following:  VI.  "Manicurist,"  any  person  who  engages 
in  manicuring  for  compensation,  except  a  person  engaged  in 
the  practice  of  manicuring  in  a  charitable  or  benevolent  in- 
stitution, where  such  practice  is  carried  on  solely  for  the 
benefit  of  the  residents  of  such  institution. 

4.  Definition  of  Shop.  Amend  paragraph  IX  of  section  2 
of  said  chapter  162  (section  1  of  said  chapter  155)  by  strik- 
ing out  the  same  and  inserting  in  place  thereof  the  following : 
IX.  "Shop,"  a  beauty  shop  or  other  place  kept  open  for  the 
business  of  hairdressing  or  manicuring. 

5.  Manicuring.  Amend  section  11  of  said  chapter  162 
(section  10  of  said  chapter  155)  by  striking  out  the  words 
"and  beauty  culture"  in  the  second  and  third  lines  and  insert- 
ing in  place  thereof  the  words,  or  manicuring,  so  that  said 
section  as  amended  shall  read  as  follows:  11.  License  and 
Registration  Required.  It  shall  be  unlawful  for  any  person 
(a)  to  practice  hairdressing  or  manicuring  in  this  state  un- 
less he  shall  first  have  obtained  a  license  as  provided  by  this 
act,  and  (b)  to  operate  or  work  in  a  shop,  school  or  other 
establishment,  even  though  licensed,  unless  said  shop,  school 
or  establishment  is  registered  as  provided  by  this  act. 

6.  Qualifications  for  Licenses.  Amend  section  12  of  said 
chapter  162  (section  11  of  said  chapter  155)  by  striking  out 
paragraphs  I  (a)  to  (d)  inclusive  and  inserting  in  place 
thereof  the  following:  I.  Applicants.  Upon  payment  of 
the  fee  provided  by  this  act  applicants  shall  be  eligible  to 
obtain  licenses  as  follows:  (a)  Hairdresser.  Any  person 
who  is  (1)  at  least  sixteen  years  of  age,  (2)  who  is  of  good 
moral  character  and  temperate  habits,  (3)  who  shall  have  had 
an  education  equivalent  to  the  completion  of  the  second  grade 
in  the  public  high  schools  of  this  state,  (4)  who  has  had  train- 
ing of  at  least  one  thousand  hours  extending  over  a  school 


284  Chapter  189  [1941 

term  of  at  least  six  months  in  a  school  of  cosmetology, 
approved  by  the  board,  (5)  and  who  has  passed  the  hair- 
dresser's examination  or  any  person  who  has  complied  with 
the  requirements  of  (1),  (2),  (3)  and  (5),  and  (6)  who  has 
served  at  least  one  year  in  this  state  as  an  apprentice  in  a 
hairdresser's  shop,  or  any  person  who  has  complied  with  the 
requirements  of  (1),  (2),  (3)  and  (5)  and  either  (4)  or  (6) 
for  a  like  period  in  a  state  whose  requirements  are  sub- 
stantially the  same  as  in  this  state  and  in  which  hairdressers 
licensed  in  this  state  are  given  like  recognition.  On  and  after 
April  1,  1940  a  person  not  previously  licensed  by  the  board 
shall  be  entitled  to  a  license  without  examination  only  if  said 
person  can  furnish  proof  of  having  been  actively  engaged  in 
the  practice  of  hairdressing  in  this  state  for  a  continuous 
period  of  at  least  two  years  during  the  period  from  Septem- 
ber 1,  1930  to  September  1,  1937.  (b)  Manicurist.  Any  per- 
son who  has  complied  with  the  requirements  of  (1),  (2)  and 
(3)  as  above  set  forth  and  in  addition  thereto  (4)  has  com- 
pleted a  course  of  at  least  six  weeks,  including  at  least  one 
hundred  and  fifty  hours  of  professional  training  in  manicur- 
ing in  a  school  approved  by  the  board  and  (5)  who  has  passed 
the  manicurist's  examination  or  any  person  who  has  complied 
with  the  requirements  of  said  (1),  (2),  (3)  and  (5)  and  as 
(6)  an  apprentice  in  a  shop  has,  in  the  opinion  of  the  board, 
received  the  equivalent  of  the  course  specified  in  (4)  hereof, 
or  any  person  who  has  complied  with  the  requirements  of  (1), 
(2),  (3)  and  (5)  and  either  (4)  or  (6)  for  a  like  period  in  a 
state  whose  requirements  are  substantially  the  same  as  in 
this  state  and  in  which  manicurists  licensed  in  this  state  are 
given  like  recognition.  On  and  after  April  1,  1940  a  person 
not  previously  licensed  by  the  board  as  a  manicurist  may  be 
entitled  to  a  license  without  examination  only  if  such  person 
can  furnish  proof  of  having  actively  been  engaged  in  the 
practice  of  manicuring  in  this  state  for  a  continuous  period  of 
at  least  two  years  during  the  period  from  September  1,  1930 
to  September  1,  1937. 

7.  Renumbering.  Renumber  paragraph  (e)  of  section  12 
of  said  chapter  162  (section  11  of  said  chapter  155)  to  read 
paragraph  (c). 

8.  Requirements.  Amend  section  13  of  said  chapter  162 
(section  12  of  said  chapter  155)  by  striking  out  the  same  and 


1941]  Chapter  189  285 

inserting  in  place  thereof  the  following:  13.  Approved 
Schools.  No  school  of  hairdressing  in  this  state  shall  be 
approved  by  said  board  unless  it  has  minimum  requirements 
of  a  continuous  course  of  study  of  one  thousand  hours  dis- 
tributed over  a  period  of  not  less  than  six  months,  including 
practical  demonstrations,  written  and  oral  tests,  and  theoreti- 
cal and  practical  instruction  in  sanitation,  sterilization  and  the 
use  of  antiseptics  and  disinfectants,  cosmetics  and  electrical 
appliances,  which  course  of  study  and  instruction  shall  be 
subject  to  the  approval  of  said  board.  Schools  must  provide 
a  separate  room  for  class  work  and  instruction  and  at  least 
one  separate  room  for  supervised  practice.  Each  school  shall 
have  in  good  working  order  all  apparatus  and  equipment 
necessary  for  the  full  and  ready  teaching  of  all  subjects  in- 
cluded in  the  required  curriculum.  Schools  must  keep  daily 
record  of  attendance  and  study  of  each  student,  of  the  hours 
spent  in  each  practical  operation,  and  the  number  of  tests 
given.  A  monthly  report  of  such  attendance,  study,  practice 
and  hours,  attested  to  be  correct  by  the  signature  of  both  the 
student  and  instructor,  shall  be  mailed  to  the  board  at  the 
end  of  each  month.  All  records  of  a  student's  progress  in 
the  school  shall  be  open  for  inspection  by  members  of  the 
board  at  any  time  during  class  hours.  All  brushes,  combs, 
towels,  instruments,  and  applicators  must  be  cleaned  and  dis- 
infected by  a  method  approved  by  the  board's  rules  and 
regulations,  after  each  use.  All  students  must  wear  clean 
and  washable  uniforms  during  class  hours.  Suitable  contain- 
ers for  soiled  towels,  brushes,  combs,  and  other  soiled  instru- 
ments must  be  provided,  and  suitable  containers  must  be 
supplied  for  freshly  laundered  towels,  and  air-tight  cabinets 
for  disinfected  utensils.  Floors  must  have  washable  cover- 
ings. No  person  shall  be  engaged  to  instruct  in  any  of  the 
branches  of  hairdressing,  and  cosmetology  or  manicuring  as 
defined  in  this  act  unless  approved  and  licensed  as  a  hair- 
dresser instructor  by  the  board  after  having  passed  an  ex- 
amination as  such  instructor  and  having  paid  the  required 
fee,  except  that  occasional  lecturers  on  specialized  subjects 
shall  not  require  such  examination,  approval  or  license. 

9.  Students  and  Apprentices.  Amend  section  15  of  said 
chapter  162  (section  14  of  said  chapter  155)  by  striking  out 
the    same    and    inserting    in    place    thereof    the    following: 


286  Chapter  189  [1941 

15.  Registration;  Compensation.  All  students  enrolled  in 
registered  schools  shall,  within  fifteen  days  after  entering 
upon  their  course  of  study,  be  registered  with  the  board  by 
such  school.  Students  at  registered  schools  may,  within  such 
fifteen-day  period,  register  with  the  board.  Every  apprentice 
must,  within  fifteen  days  after  the  beginning  of  his  appren- 
ticeship, file  with  the  board  the  name  and  place  of  business  of 
his  employer,  the  date  and  commencement  of  such  apprentice- 
ship, and  the  full  name,  age  and  address  of  said  apprentice. 
No  fee  shall  be  required  for  registration  of  students  and 
apprentices.  Students  may  practice  on  paying  customers  but 
only  under  the  direct  supervision  of  an  instructor,  and  with 
the  full  understanding  by  the  customer  that  the  work  is  to  be 
done  by  a  student,  and  at  a  reduced  price.  An  apprentice  may 
practice  on  a  paying  customer  after  three  months  from  en- 
rollment date,  but  only  under  the  direct  supervision  of  his 
employer,  and  with  the  full  understanding  by  the  customer 
that  the  work  is  to  be  done  by  an  apprentice,  and  at  a  reduced 
rate.  A  school  or  shop  may  pay  a  student  or  apprentice  for 
any  services  rendered  by  him. 

10.  Practical  Experience.  Amend  section  16  of  said 
chapter  162  (section  15  of  said  chapter  155)  by  striking  out 
the    same    and    inserting    in    place    thereof    the    following: 

16.  Credit  for.  Any  student  or  apprentice  eligible  to  take 
examination  for  a  license  as  a  hairdresser  or  manicurist  may 
apply  to  said  board  for  a  permit  to  operate  temporarily  as 
such  pending  the  holding  of  such  examination.  Such  applica- 
tion shall  be  accompanied  with  a  payment  of  ten  dollars  which 
shall  be  credited  as  the  required  examination  fee.  There- 
upon, the  board  shall  issue  a  permit  to  the  applicant  to  engage 
temporarily  in  the  practice  of  hairdressing  or  manicuring 
under  the  supervision  of  a  licensed  hairdresser  and  in  a 
registered  shop  of  this  state.  If,  upon  notice  from  the  board, 
the  applicant  fails  without  just  cause  to  take  the  examina- 
tion, said  permit  shall  terminate.  If  the  applicant  fails  to 
pass  the  examination,  the  board  in  its  discretion  may  grant  a 
second  temporary  permit,  under  like  conditions,  which  permit 
in  all  circumstances  shall  expire  upon  the  holding  of  the  next 
successive  examination,  unless  just  cause  for  failure  to  take 
the  examination  shall  be  shown  to  the  satisfaction  of  the 
board.     The  work  done  by  any  student  or  apprentice  under  a 


1941]  Chapter  189  287 

temporary  permit  shall  be  accredited  by  the  board  as  practical 
experience  hereinafter  required  relative  to  the  issuance  of  a 
shop  license. 

11.  Shops  and  Establishments.  Amend  section  17  of  said 
chapter  162  (section  16  of  said  chapter  155)  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following: 
17.  Registration  of.  Any  licensed  hairdresser  or  manicurist 
who  has  obtained  a  license  as  such,  as  above  provided,  and 
who  has  completed  three  months  of  actual  employment  in  a 
shop  either  after  receiving  such  license  or  while  operating 
under  a  temporary  permit,  shall  upon  written  application, 
accompanied  by  the  required  fees,  receive  a  license  to  operate 
a  shop  in  this  state,  provided  said  shop  shall  fulfill  all  require- 
ments set  forth  in  the  rules  and  regulations  of  the  board. 
Such  license  may  thereafter  be  renewed  upon  payment  of  the 
renewal  fee.  In  lieu  of  the  practical  experience  herein  re- 
quired, the  board  may  issue  a  shop  license  to  any  licensed 
applicant  who  had  satisfactorily  passed  a  special  shop  manage- 
ment examination  given  by  the  board.  A  shop  license  as 
herein  provided  may  be  issued  for  short  terms  not  exceeding 
three  months,  upon  payment  of  the  required  fee.  Booths 
attached  to  or  within  a  shop  that  are  operated  independently 
thereof  shall  be  subject  to  registration  fees  in  the  same 
manner  as  an  independent  shop. 

12.  Fees.  Amend  section  19  of  said  chapter  162  (section 
18  of  said  chapter  155)  by  striking  out  the  same  and  inserting 
in  place  thereof  the  following :  19.  Fees.  Except  as  herein 
otherwise  provided,  the  fees  established  hereunder  to  be  paid 
to  said  board  shall  be  as  follows: 

Applicant  Original      Renewal 

School  $25.00  $25.00 

Shop    (hairdresser)    if  application   is 

made  originally  between  April  first 

and  June  thirtieth  of  any  year 7.00  5.00 

Shop  (hairdressing)    10.00  5.00 

Short-term     shop      (hairdressing     or 

manicuring)    5.00  5.00 

Manicuring  shop  5.00  3.00 

Hairdresser   " 5.00  2.00 

Nonresident  hairdresser 10.00  10.00 


288  Chapter  189  [1941 

(After  issuance  of  nonresident  hair- 
dresser's license  if  applicant  sub- 
sequently becomes  a  bona  fide 
resident  of  this  state)  renewal  fee  $2.00 

Manicurist $3.00  2.00 

Nonresident  manicurist  5.00  5.00 

(After  issuance  of  nonresident 
manicurist's  license  if  applicant 
subsequently  becomes  a  bona  fide 
resident  of  this  state)  renewal  fee  2.00 

Examination,  including  original  license : 

Hairdresser 10.00  2.00 

Manicurist   10.00  2.00 

Hairdresser  instructor 5.00  2.00 

Shop  management 10.00  5.00 

13.  Health  Standards.  Amend  section  21  of  said  chapter 
162  (section  20  of  said  chapter  155)  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  21.  Re- 
quired Certificates.  Before  engaging  in  hairdressing  or  mani- 
curing on  paying  customers  every  hairdresser,  manicurist, 
student  or  apprentice  shall  secure  from  a  physician  a  certifi- 
cate stating  that  such  person  is  not  afflicted  with  tuberculosis, 
venereal  disease  in  a  communicable  form,  or  with  any  other 
communicable  disease.  The  original  examination  by  the 
physician  for  such  certificate  shall  include  a  Wasserman  or 
similar  blood  test.  When  applying  for  renewal  of  any  such 
license  the  applicant  shall  furnish  from  a  physician  a  new 
certificate  stating  that  such  person  is  then  free  from  any  com- 
municable disease.  The  board  may,  at  any  time  require  from 
any  licensee  a  Wasserman  or  similar  blood  test.  Said  health 
certificates  shall  be  on  forms  furnished  by  the  board  and  shall 
be  kept  conspicuously  posted  with  the  license  certificate  pro- 
vided under  section  18  hereof. 

14.  Takes  Effect;  Exceptions.  This  act  shall  take  effect 
upon  its  passage,  provided,  however,  that  any  students  or 
apprentices  already  enrolled  as  such  or  any  person  holding  an 
operator's  license,  under  the  provisions  of  chapter  162,  Laws 
of  1937,  at  the  time  of  the  passage  of  this  act,  shall  not  be 
required  to  have  the  additional  educational  or  other  qualifica- 
tions herein  provided,  before  receiving  a  hairdresser's  license 
hereunder. 

[Approved  June  13,  1941.] 


1941]  Chapter  190  289 

CHAPTER  190. 

AN  ACT  RELATING  TO  THE  CONSTRUCTION   OF  AN  AERIAL 

TRAMWAY  ON  MT.  SUNAPEE  IN  THE  TOWN  OF 

NEWBURY. 

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

1.  Declaration  of  Purpose.  It  is  hereby  declared  that  the 
purposes  of  this  act  are  to  develop,  promote  and  enhance  the 
recreational  resources  of  the  state  and  further  the  public  in- 
terest thereby. 

2.  Aerial  Tramway.  There  shall  be  constructed  on  Mt. 
Sunapee  in  the  town  of  Newbury  an  aerial  tramway  under  the 
supervision  of  the  New  Hampshire  aerial  tramway  commis- 
sion. 

3.  Powers.  The  commission  shall  have  power  (1)  to  con- 
struct, maintain,  reconstruct  and  operate  an  aerial  tramway 
on  Mt.  Sunapee  in  the  town  of  Newbury ;  (2^  to  acquire,  hold, 
and  dispose  of  personal  property  for  the  purposes  hereof;  (3) 
to  acquire  in  the  name  of  the  state  by  purchase,  condemnation, 
lease  or  otherwise,  real  property  and  rights  or  easements 
therein,  deemed  by  it  necessary  or  desirable  for  the  purposes 
hereof,  and  to  use  such  property;  (4)  to  acquire  any  such  real 
property  by  the  exercise  of  the  power  of  condemnation  in  the 
manner  provided  in  sections  18  to  28  of  chapter  19  of  the 
Public  Laws;  (5)  to  charge  and  collect  fees,  fares  and  tolls 
for  carriage  and  other  services  made  available  in  connection 
with  the  tramway;  (6)  to  make  contracts  on  behalf  of  the 
state,  with  the  United  States,  other  states,  public  corporations 
or  bodies  existing  therein,  and  private  corporations  and  in- 
dividuals; (7)  to  accept  grants,  permits  and  cooperation  from 
the  United  States  or  any  agency  thereof  in  the  construction, 
maintenance,  reconstruction,  operation,  and  financing  of  the 
tramway  and  its  appurtenances  and  to  do  any  and  all  things 
necessary  in  order  to  avail  itself  of  such  aid  and  cooperation ; 
(8)  to  employ  such  assistants,  agents  and  servants  as  it  shall 
deem  necessary  or  desirable  for  its  purpose;  (9)  to  exercise 
any  of  its  powers  in  the  public  domain  of  the  United  States, 
unless  the  exercise  of  such  powers  is  not  permitted  by  the 
laws  of  the  United  States;  and  (10)  to  do  all  things  necessary 
or  incidental  to  the  foregoing  powers. 


290  Chapter  190  [1941 

4.  Plans  to  be  Submitted  and  Approved.  Plans  and 
specifications  for  the  location  and  construction  of  such  tram- 
way, termini  and  appurtenances  shall  be  submitted  to  the 
forestry  and  recreation  commission  and  the  governor  and 
council  and  approved  by  them  before  construction  thereof 
shall  be  commenced.  No  changes  shall  be  made  in  such  plans 
and  specifications  so  approved  until  such  changes  have  been 
likewise  submitted  to  the  forestry  and  recreation  commission 
and  the  governor  and  council  and  so  approved  by  them. 
Nothing  herein  shall  be  construed  to  restrict  in  any  way  the 
authority  of  the  tramway  commission  in  the  management, 
operation  and  control  of  the  tramway,  nor  to  limit  the  right 
of  the  tramway  commission  to  enter  into  contracts  for  con- 
struction or  for  any  other  purposes.  But  the  time  for  under- 
taking the  construction  of  said  tramway  project  shall  be  and 
hereby  is  left  to  the  sole  discretion  and  judgment  of  the  gov- 
ernor and  council. 

5.  Control  of  Public  Lands.  To  the  extent  that  it  may  be 
necessary  to  carry  out  the  provisions  of  this  act,  the  commis- 
sion shall  have  power  to  use  and  control  public  lands  of  the 
state.  Forthwith  upon  the  acquisition  by  the  commission  in 
the  name  of  the  state  through  purchase,  condemnation  or 
otherwise  of  any  real  property  or  interest  or  easement  there- 
in, such  property  or  rights  shall,  without  further  action,  and 
by  virtue  of  this  act,  be  and  become  dedicated  to  the  uses  and 
purposes  of  the  commission. 

6.  Appropriation.  A  sum  not  exceeding  three  hundred 
seventy-five  thousand  dollars  is  hereby  raised,  as  hereinafter 
provided,  and  appropriated  for  the  purposes  aforementioned. 

7.  Bonds  or  Notes  Authorized.  The  state  treasurer  is 
hereby  authorized,  under  the  direction  of  the  governor  and 
council,  to  borrow  upon  the  credit  of  the  state,  not  exceeding 
three  hundred  and  seventy-five  thousand  dollars  for  the  pur- 
pose of  carrying  into  effect  the  provisions  of  this  act  and  for 
that  purpose  may  issue  bonds  or  notes  in  the  name  and  on  be- 
half of  the  state  of  New  Hampshire  at  a  rate  of  interest  to  be 
determined  by  the  governor  and  council.  The  maturity  dates 
of  such  bonds  or  notes  shall  be  determined  by  the  governor 
and  council  but  in  no  case  shall  they  be  later  than  twenty 
years  from  the  date  of  issue.  Such  bonds  or  notes  may  be 
renewed  from  time  to  time  by  the  issuance  of  other  such 


1941]  Chapter  190  291 

bonds  or  notes  in  the  same  manner  but  the  maturity  dates  of 
such  renewed  bonds  or  notes  shall  not  be  later  than  twenty 
years  from  the  date  of  the  issue  of  the  original  bond  or  note 
renewed  thereby.  All  such  bonds  or  notes  shall  contain  an 
express  guarantee  which  shall  be  deemed  a  contract  on  the 
part  of  the  state  that  fees,  fares  and  tolls  will  be  collected  in 
accordance  with  the  provisions  hereof  until  the  date  of 
maturity  of  said  bonds  or  notes,  or  the  renewals  thereof,  or 
until  sufficient  money  shall  have  accumulated  to  pay  said  notes 
or  bonds  and  the  interest  thereon  at  the  dates  of  maturity, 
shall  be  in  such  form  and  such  denominations  as  the  governor 
and  council  shall  determine,  may  be  registerable  as  to  both 
principal  and  interest,  shall  be  countersigned  by  the  governor 
and  shall  be  deemed  a  pledge  of  the  faith  and  credit  of  the 
state.  The  secretary  of  state  shall  keep  an  account  of  all 
such  bonds  or  notes  countersigned  by  the  governor,  showing 
the  number  and  amount  of  each  bond  or  note,  the  time  of 
countersigning,  the  date  of  delivery  to  the  treasurer  and  the 
date  of  maturity.  The  state  treasurer  shall  keep  an  account 
of  each  bond  or  note  showing  the  number  thereof,  the  name 
of  the  person  to  whom  sold,  the  amount  received  for  the  same, 
the  date  of  the  sale  and  the  date  of  maturity.  The  treasurer 
may  negotiate  and  sell  such  bonds  or  notes  by  direction  of  the 
governor  and  council  in  such  manner  as  they  may  determine 
most  advantageous  to  the  state.  The  proceeds  of  the  sale  of 
such  bonds  or  notes  shall  be  held  by  the  treasurer  and  paid 
out  by  him  upon  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  ex- 
pended or  due  for  the  purposes  herein  authorized. 

8.  Short-Term  Notes.  Prior  to  the  issuance  of  bonds  or 
notes  hereunder  the  treasurer,  under  the  direction  of  the  gov- 
ernor and  council,  shall  for  the  purposes  hereof  borrow  money 
from  time  to  time  on  short-term  loans  to  be  refunded  by  the 
issuance  of  the  bonds  or  notes  hereunder. 

9.  Revenue.  There  shall  be  collected  for  carriage  upon 
the  tramway  provided  for  herein  and  for  other  services  made 
available  therewith  such  fares,  tolls  and  charges  as  the  com- 
mission shall  deem  reasonable.  Such  sums  as  are  so  collected 
shall  be  deposited  with  the  state  treasurer  who  shall  keep  the 


292  Chapter  190  [1941 

same  in  a  separate  account.  Operating  expenses,  depreciation 
and  upkeep  of  said  tramway  and  services  shall  be  charged  to 
or  paid  from  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  interest  and  bond  or  note  charges,  a  sum  not 
to  exceed  ten  thousand  dollars  for  each  of  the  fiscal  years 
ending  June  30,  1943,  1944,  1945,  and  1946  may  be  retained 
in  said  account  and  paid  out  by  the  commission,  with  the 
approval  of  the  governor  and  council,  for  permanent  improve- 
ments 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  accord- 
ance with  the  provisions  hereof,  but  reimbursement  for  such 
payments  shall  be  made  to  the  general  fund  from  revenue  in 
the  special  fund  herein  created.  When  the  principal  and  in- 
terest of  all  notes  and  bonds  authorized  hereunder  have  been 
paid,  or  sufficient  money  has  accumulated  in  said  special  fund 
to  pay  the  same,  the  balance  of  the  special  fund  herein  pro- 
vided, 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. 

10.  Separability  Clause.  If  any  provision  of  this  act,  or 
the  application  thereof  to  any  person  or  circumstance,  is  held 
invalid,  the  remainder  of  the  act,  and  the  application  of  such 
provision  to  other  persons  or  circumstances,  shall  not  be 
affected  thereby. 

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

[Approved  June  13,  1941.] 


1941]  Chapters  191,  192  293 

CHAPTER  191. 

AN   ACT  RELATING  TO  LEGACY  RECEIPTS. 

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

1.  Minors  not  Under  Legal  Guardianship.  Amend  section 
18-a  of  chapter  307  of  the  Public  Laws,  as  inserted  by  chapter 
37  of  the  Laws  of  1937  (section  20,  chapter  351,  commission- 
ers' report)  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  18-a.  Probate  Receipts.  Whenever 
any  minor  not  being  under  legal  guardianship  shall  be  entitled 
to  receive  from  any  administrator  or  executor  any  distribu- 
tive share  as  heir  or  next  of  kin,  or  any  legacy,  the  full 
amount  of  which  share  or  legacy  is  not  more  than  two  hun- 
dred dollars,  said  administrator,  or  executor,  upon  petition  to 
and  approval  of  the  probate  court  shall  pay  said  sum  to  the 
parents  of  said  minor,  if  both  are  living,  or  to  the  surviving 
parent,  if  one  parent  is  deceased,  or  to  the  parent,  or  other 
person,  having  custody  of  said  minor,  if  the  parents  are 
divorced,  and  the  receipt  of  said  parents  or  parent  or  other 
person  shall  be  filed  and  accepted  by  the  probate  court  in  dis- 
charge of  the  administrator's  or  executor's  liability  therefor  in 
the  same  manner  and  effect  as  though  said  parents  or  parent 
or  other  person  had  been  legally  appointed  guardian  by  the 
probate  court.  Publication  of  notice  upon  the  petition  to  the 
probate  court  shall  not  be  required  unless  ordered  by  the 
court. 

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

passage. 

[Approved  June  13,  1941.] 


CHAPTER  192. 

AN  ACT  RELATIVE  TO  THE  RETIREMENT  SYSTEM  FOR  FIREMEN. 

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

1.  Firemen's  Retirement  System.  Amend  section  1  of 
chapter  154  of  the  Laws  of  1939  (chapter  213,  commissioners' 
report)  by  striking  out  the  word  "permanent"  in  the  third 
line  and  by  inserting  after  the  word  "permanently"  in  the 


294  Chapter  192  [1941 

ninth  line  the  words,  and  totally,  so  that  said  section  as 
amended  shall  read  as  follows:  1.  Declaration  of  Policy. 
The  public  welfare  requires  that  a  system  of  retirement  bene- 
fits shall  be  established  to  compensate  the  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  fire- 
men of  this  state  or  their  dependents  whenever  such  firemen 
shall  be  permanently  and  totally  disabled  or  killed  in  line  of 
duty. 

2.  Definitions.  Amend  paragraph  II  of  section  2  of  said 
chapter  154  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following:  II.  "Association"  shall  mean 
the  New  Hampshire  State  Permanent  Firemen's  Association. 

3.  State  Association.  Amend  section  3  of  said  chapter  154, 
by  inserting  after  the  word  "Hampshire"  in  the  eighth  line 
the  word.  State,  so  that  said  section  as  amended  shall  read  as 
follows:  3.  Retirement  Board.  The  administration  of  the  re- 
tirement system  created  by  this  act  is  hereby  vested  in  a  board 
to  be  known  as  The  Permanent  Firemen's  Retirement  Board, 
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  State  Permanent  Firemen's  Association  shall 
annually  nominate  from  their  number  a  panel  of  five  persons, 
a  list  of  which  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.  Mem- 
bers of  the  association  appointed  to  the  board  in  the  manner 
aforesaid  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 
association  to  the  board,  the  ex-officio  members  of  the  board 
are  hereby  empowered  to  perform  all  the  duties  of  the  full  re- 
tirement board.  Whenever  a  vacancy  occurs  in  the  retirement 
board  by  the  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 


1941]  Chapter  192  295 

by  appointing  one  person  from  the  panel  hereinbefore  men- 
tioned to  serve  for  the  unexpired  term  created  by  said 
vacancy.  The  members  of  the  retirement  board  shall  serve 
without  compensation,  but  shall  be  reimbursed  for  actual  and 
necessary  expenses  incurred  by  them  in  the  discharge  of  their 
official  duties. 

4.  Amendment.  Amend  section  4  of  said  chapter  154  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  4.  New  Hampshire  State  Permanent  Firemen's 
Association.  All  permanent  firemen  in  this  state  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  except  as  pro- 
vided in  section  4-a.  All  applications  to  the  retirement  board 
must  be  made  within  thirty  days  after  the  passage  of  this 
act,  provided,  however,  that  all  persons  who  are  not 
permanent  firemen  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  be- 
coming permanent  firemen.  All  permanent  firemen  who  fail 
to  accept  this  act  within  the  time  limits  specified  shall  be  in- 
eligible to  receive  the  benefits  of  this  act.  Permanent  fire- 
men 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.  Age  Limitation.  Amend  said  chapter  154  by  inserting 
after  section  4  the  following  new  section:  4-a.  Exception. 
No  person  becoming  a  permanent  fireman  at  or  after  the  time 
this  section  takes  effect  shall  be  entitled  to  the  benefits  under 
said  chapter  154  unless  he  is,  at  least,  of  an  age  thirty  years 
less  than  the  optional  age  of  retirement  in  effect  at  the  time 
of  his  application. 

6.  Amendment.  Amend  section  5,  of  said  chapter  154,  by 
striking  out  after  the  word  "all"  in  the  second  line  the  word, 
permanent,  so  that  said  section  as  amended  shall  read  as 
follows:  5.  Duties  of  the  Retirement  Board.  The  retire- 
ment board  shall  supervise  the  collection  of  assessments  on  all 
firemen  accepting  the  provisions  of  this  act,  and  the  payment 
of  retirement  benefits  and  other  compensation  under  this  act. 


296  Chapter  192  [1941 

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 
secretary  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 
administrative  duties  as  it  may  direct.  The  expenses  of  ad- 
ministration of  this  act  shall  be  paid  out  of  the  retirement 
fund  hereinafter  provided  for. 

7.  Amendment.  Amend  section  6  of  said  chapter  154,  by 
striking  out  after  the  word  "each"  in  the  second  line  the  word, 
permanent,  so  that  said  section  as  amended  shall  read  as 
follows:  6.  Individual  Accounts.  The  retirement  board 
shall  establish  and  keep  a  record  of  the  individual  account  of 
each  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 
retirement  fund,  and  total  benefits  or  compensation  received 
by  such  fireman. 

8.  Retirement  Fund.  Amend  section  7  of  said  chapter 
154,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  7.  Retirement  Fund.  The  retirement  bene- 
fits and  other  compensation  provided  for  by  this  act  shall  be 
paid  out  of  a  retirement  fund  which  shall  be  made  up  from  the 
funds  available  from  the  following  sources:  I.  The  moneys 
heretofore  or  hereafter  appropriated  by  the  legislature  to 
carry  out  the  provisions  hereof.  II.  The  moneys  received 
from  assessments  from  firemen  as  provided  in  section  7-a. 
III.  The  moneys  received  from  assessment  from  towns,  cities 
or  precincts  as  provided  in  section  7-b.  IV.  Any  donations 
made  to  said  fund  as  provided  in  section  8. 

9.  Additional  Assessments.  Amend  said  chapter  154  by 
inserting  after  section  7  the  following  new  sections: 
7-a.  Assessments  from  Firemen.  At  the  beginning  of  each 
fiscal  year  the  retirement  board  shall  fix  the  assessment  upon 
the  annual  salaries  of  all  permanent  firemen  who  accept  the 
provisions  of  this  act.  The  rate  of  assessment  shall  be  four 
per  cent  of  each  permanent  fireman's  annual  salary.  The 
board  shall,  in  such  manner  as  it  may  prescribe,  give  notice 
of  the  amount  of  assessment  on  each  permanent  fireman's 
salary  to  the  treasurer  or  other  disbursing  officer  of  the  city, 
town  or  precinct  where  such  permanent  fireman  is  employed. 


1941]  Chapter  192  297 

All  assessments  under  this  section  and  the  following  section 
shall  be  payable  in  equal  monthly  installments  on  the  last  busi- 
ness day  of  each  calendar  month.  It  shall  be  the  duty  of  the 
treasurer  or  other  disbursing  officer  of  a  city,  town  or  precinct 
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  hereof,  by  such  accept- 
ance agree  that  the  treasurer  or  other  disbursing  officer  shall 
have  the  power  to  withhold  from  their  monthly  salaries  the 
amounts  as  aforesaid.  7-b.  Assessments  from  Towns,  Cities 
or  Precincts.  At  the  beginning  of  each  fiscal  year  the  retire- 
ment board  shall  assess  upon  the  various  cities,  towns  or  pre- 
cincts in  the  state  employing  permanent  firemen,  who  have 
made  application  to  the  benefits  of  this  act,  two  per  cent  of 
the  payroll  of  the  permanent  firemen  of  such  city,  town  or 
precinct  who  are  entitled  to  such  benefits,  provided  that,  if 
the  board  finds  that  the  assessment  upon  each  permanent  fire- 
man's annual  salary  together  with  the  assessment  upon  the 
towns,  cities  and  precincts  and  the  contribution  from  the 
state  will  not  be  sufficient  to  keep  this  retirement  system  in 
a  sound  financial  condition  the  board  may  assess  such  further 
sum  against  said  cities,  towns  and  precincts  as,  in  the  judg- 
ment of  the  board,  may  be  necessary  for  said  purpose.  It 
shall  be  the  duty  of  the  treasurer  or  other  disbursing  officer 
to  pay  to  the  retirement  board  the  sum  assessed  against  said 
city,  town  or  precinct,  and  said  city,  town  or  precinct  is  here- 
by authorized  and  directed  to  appropriate  the  sums  necessary 
for  said  assessments. 

10.  Change  in  Dates.  Amend  section  10  of  said  chapter 
154  by  striking  out  in  the  third  line  the  word  and  figure 
"January  1"  and  inserting  in  place  thereof  the  word  and 
figure,  July  1,  and  by  inserting  after  the  word  "of"  in  the 
tenth  line  the  words,  his  chief  and  the  recommendation  of,  so 
that  said  section  as  amended  shall  read  as  follows:  10.  Re- 
tirement. No  retirement  under  this  act  may  take  place  be- 
fore January  1,  1940,  and  no  voluntary  retirements  may  take 
place  before  July  1,  1942.  Any  permanent  fireman  who 
accepts  the  provisions  of  this  act  may  retire  from  active  serv- 


298  Chapter  192  [1941 

ice  at  the  age  of  sixty-five  provided  he  has  served  as  a  perma- 
nent 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  recom- 
mendation of  his  chief  and  the  recommendation  of  the  asso- 
ciation that  any  permanent  fireman,  who  has  accepted  this 
act,  is  capable  of  further  rendering  satisfactory  service,  the 
retirement  board  may  extend  the  age  of  compulsory  retire- 
ment for  such  fireman  for  five  years.  Any  permanent  fire- 
man 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  assessments  to  the  re- 
tirement 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  retire- 
ment shall  have  been  permanent  services.  The  probationary 
periods  of  permanent  firemen  shall  be  counted  as  part  of  their 
term  of  service. 

11.  Application.  Amend  said  chapter  154  by  adding  after 
section  10  the  following  new  section  10-a:  10-a.  Limitation. 
The  provisions  of  section  10  relative  to  credits  for  probation- 
ary periods  and  call  firemen  service  shall  be  effective  only  in 
case  of  firemen  who  applied  for  benefits  under  this  act  prior 
to  August  1,  1939,  and  shall  not  apply  to  firemen  who  became 
entitled  to  such  benefits  after  that  date. 

12.  Computation  of  Benefits.  Amend  section  11  of  said 
chapter  154  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  11.  Retirement  Benefits.  Any 
permanent  fireman  who  retires  or  is  dismissed  from  active 
service  as  provided  in  section  10,  and  who  shall  have  complied 
with  all  provisions  of  this  act  and  with  the  rules  and  regula- 
tions of  the  board,  shall  be  entitled  to  receive  from  said  board 
for  each  year  during  the  remainder  of  his  natural  life,  a  sum 
equal  to  one-half  the  average  actual  salary,  based  upon  the 
total  salary  earned  over  the  period  of  years  of  service  begin- 
ning with  the  date  this  section  becomes  effective  to  the  date 
of  retirement  or  dismissal  as  determined  by  the  board ;  but  at 


1941]  Chapter  192  299 

no  time  shall  retirement  benefits  exceed  one  thousand  two 
hundred  fifty  dollars  per  year,  based  upon  a  maximum  assess- 
able yearly  salary  of  two  thousand  five  hundred  dollars.  The 
maximum  yearly  assessable  salary  shall  not  apply  to  those 
members,  who  as  of  the  date  this  section  becomes  effective 
earned  a  yearly  salary  above  two  thousand  five  hundred 
dollars  and  were  applicants  to  the  act  at  that  time;  their  re- 
tirement benefits  shall  be  based  as  above  upon  one-half  their 
total  salary  earned  to  the  date  of  their  retirement.  This  sum 
shall  be  paid  to  the  retired  member  in  as  nearly  equal  monthly 
installments  on  the  first  business  day  of  each  calendar  month. 
No  permanent  fireman,  who  has  been  retired  under  the  pro- 
visions of  this  act,  shall  be  paid  for  any  service  performed  in 
the  fire  department  during  the  time  of  his  retirement  unless 
it  be  for  specific  duty  during  a  period  of  public  emergency. 

13.  Compensation.  Amend  section  12  of  said  chapter  154 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  12.  In  Case  of  Death  or  Total  and  Permanent 
Disability.  A  fireman  accepting  the  provisions  of  this  act, 
who  shall  have  become  totally  and  permanently  disabled  be- 
cause of  injury  received  in  line  of  duty,  shall  receive  in  case 
of  a  permanent  fireman  an  annual  sum  equal  to  one-half  his 
annual  salary  at  the  date  of  his  disability  and  in  case  of  a  call, 
volunteer,  or  substitute  fireman,  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,  for 
the  duration  of  such  permanent  disability,  provided  that  at 
any  time  such  sum  shall  not  exceed  one  thousand  two  hundred 
fifty  dollars  per  year.  Firemen  shall  be  acknowledged  as  per- 
forming their  duty  when  they  are  going  to,  returning  from  or 
working  at  a  fire  or  other  public  emergency ;  when  performing 
all  work  within  the  scope  of  employment  of  the  firemen  under 
the  express  or  implied  authority  of  a  superior  officer;  and  in 
such  other  cases  as  the  board  may  from  time  to  time  decide 
to  be  for  the  public  interest.  The  fact  of  permanent  dis- 
ability may  be  established  by  the  certificate  of  a  physician 
designated  by  the  board.  In  case  a  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  the  compensation  allowed 


300  Chapter  192  [1941 

under  permanent  and  total  disability  for  either  permanent 
or  call  fireman,  as  the  case  may  be,  until  in  case  of  a  widow, 
she  dies  or  remarries,  or,  in  case  of  minor  child  or  children, 
the  board  in  its  discretion  shall  pay  such  sum  as  a  joint  and 
survivor  annuity,  until  such  child  dies  or  attains  the  age  of 
eighteen  years,  and  in  case  there  is  no  wife,  child,  or  children 
under  the  age  of  eighteen  surviving  such  member,  then  to  his 
totally  dependent  father  or  mother,  or  both,  and  the  survivor 
of  either  one  of  them,  as  the  board  in  its  discretion  shall  de- 
termine, during  dependency,  and  until  remarriage  of  either. 
14.  Call,  Volunteer  and  Substitute  Firemen.  Amend  sec- 
tion 13  of  said  chapter  154  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  13.  Eligibility  and 
Application  for  the  Benefits  of  this  Act.  Call,  volunteer  or 
substitute  firemen  to  be  eligible  to  the  benefits  of  this  act 
must  be  accepted  by  their  respective  city,  town,  precinct  or 
organized  volunteer  company.  All  call,  volunteer  or  substi- 
tute firemen  who  desire  the  benefits  of  this  act  shall  make 
application  to  the  retirement  board  and  pay  the  sum  of  three 
dollars  per  year,  said  amount  to  be  paid  in  one  sum,  and  shall 
give  notice  of  their  application  for  the  benefits  of  this  act  to 
the  treasurer  or  other  disbursing  officer  of  the  city,  town  or 
precinct  which  employs  them.  The  chief,  clerk  or  other  re- 
sponsible officer  of  a  fire  company  whose  members  have 
applied  for  the  benefits  of  this  act  shall  forward  to  the  secre- 
tary of  the  board,  on  a  form  approved  by  the  board,  the  num- 
ber and  the  names  of  such  members  as  of  July  first  of  every 
year  and  shall  also  notify  the  board  of  any  dismissals,  resig- 
nations or  deaths  during  the  year  of  any  of  its  members  who 
were  eligible  to  the  benefits  of  this  act.  New  members  apply- 
ing for  the  benefits  of  this  act  during  the  fiscal  year,  who  are 
not  replacing  former  members  of  their  company  who  had 
applied  for  benefits  of  this  act,  shall  be  assessed  the  full 
amount  as  stated  above,  if  their  applications  are  received  on 
or  before  December  thirty-first  of  any  year,  but  their  pro- 
tection under  the  act  shall  run  only  to  June  thirtieth  of  the 
following  year  or  to  the  beginning  of  the  new  fiscal  year.  All 
new  members  who  are  not  replacing  former  members  during 
the  fiscal  year  whose  applications  are  received  on  or  after 
January  first  of  any  year  shall  be  assessed  one-half  the 
amount  stated  above  and  shall  be  protected  only  to  June 


1941]  Chapter  192  301 

thirtieth  of  the  same  year  or  to  the  beginning  of  the  new 
fiscal  year.  Members,  who  during  the  fiscal  year,  are  replac- 
ing members  who  had  accepted  the  benefits  of  this  act  but  who 
are  no  longer  members  of  the  fire  department,  shall  not  be 
assessed,  but  shall  be  entitled  to  the  benefits  of  this  act  to 
June  thirtieth  of  the  same  fiscal  year  for  which  the  member 
whom  they  are  replacing,  was  eligible.  All  assessments  from 
call,  volunteer  or  substitute  firemen,  for  any  fiscal  year  be- 
ginning July  first  to  June  thirtieth  of  the  following  year,  shall 
be  paid  on  or  before  June  thirtieth  of  that  fiscal  year  in  which 
application  or  renewal  of  application  is  received  by  the  board ; 
with  the  exception,  that,  in  case  of  total  and  permanent  dis- 
ability or  accidental  death  of  any  member,  who  has  made 
application  for  the  benefits  of  this  act,  benefits  accruing  to 
such  member  or  to  his  beneficiary  shall  not  be  paid  until  his 
assessment  for  that  fiscal  year  has  first  been  received  by  the 
board. 

15.  Change  of  Status.  Amend  section  14  of  said  chapter 
154  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  14.  Resignation,  Dismissal,  Reinstatement 
and  Withdrawal.  Any  permanent  fireman  accepting  the  pro- 
visions of  this  act  who  shall  retire,  withdraw  or  be  dismissed 
from  service,  and  the  personal  representatives  of  any  such 
permanent  fireman  who  may  die  while  in  active  service  from 
causes  not  due  to  fire  duty  as  described  in  section  12,  shall  be 
entitled  to  receive  from  the  board  all  payments  made  thereto 
by  him  with  interest  at  such  rate  as  the  board  may  prescribe. 
The  estate  of  any  retired  permanent  fireman  who  may  die 
while  in  retirement,  and  whose  retirement  benefits  to  the  time 
of  death  should  be  less  than  his  total  payments,  plus  interest, 
to  the  board,  shall  be  entitled  to  receive  from  the  board  an 
amount  which  shall  be  the  difference  if  such  exists,  between 
such  fireman's  total  payments,  plus  interest,  to  the  board  and 
his  total  benefits  received  while  on  retirement  to  the  time  of 
his  death.  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  plus 


302  Chapter  193  [1941 

accumulated  interest,  at  such  rate  as  the  retirement  fund  is 
earning  on  its  own  investments  for  the  year  previous  to  the 
date  of  reinstatement,  from  the  date  of  his  original  accept- 
ance of  this  act  to  the  date  of  his  reinstatement  to  the  bene- 
fits of  this  act.  Notice  of  dismissal  or  death,  not  due  to  fire 
duty  as  described  in  section  12,  of  a  permanent  fireman,  who 
has  accepted  the  provisions  of  this  act,  shall  be  sent  to  the 
board  by  the  chief,  clerk  or  other  responsible  officer  of  city, 
town  or  precinct  by  whom  said  fireman  was  employed. 

16.  Exemptions;  Exceptions.  Amend  section  15  of  said 
chapter  154  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  15.  Exemption;  Exception.  The 
payments  made  by  permanent  firemen  to  the  retirement  board 
and  the  benefits  or  compensation  received  under  this  act  shall 
be  exempt  from  taxation,  attachment  and  the  operation  of 
laws  relating  to  insolvency  or  bankruptcy.  No  assignment  or 
compensation  due  under  this  act  shall  be  valid  unless  approved 
by  the  board.  No  claim  for  total  and  permanent  disability 
under  this  act  shall  be  valid  unless  such  disability  shall  be 
immediate  and  continuous  from  the  date  of  injury  received 
in  line  of  duty,  and  no  claim  for  death  shall  be  valid  unless 
such  death  shall  be  immediate  or  preceded  by  total  and  con- 
tinuous disability  from  such  date. 

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

[Approved  June  13,  1941.] 


CHAPTER  193. 


AN  ACT  TO  PROVIDE  FOR  THE  PUBLICATION  AND  DISTRIBUTION  OF 
THE  REVISED  LAWS  OF  THE  STATE  OF  NEW   HAMPSHIRE. 

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

1.  Preparation  for  Publication.  The  commission  appointed 
under  the  provisions  of  chapter  214,  Laws  of  1939,  to  revise, 
codify  and  amend  the  Public  Laws  is  authorized  and  directed 
to  prepare  for  publication,  and  to  publish,  the  act  passed  at 
this  session  entitled,  "An  Act  to  revise,  codify  and  amend  the 
Public  Laws  of  The  State  of  New  Hampshire."  In  such 
preparation  it  is  authorized  to  make  corrections  in  the  num- 


1941]  Chapter  193  303 

bering  and  headings  of  the  titles  and  chapters ;  in  the  number- 
ing and  sub-titles  of  sections  and  in  the  references  thereto; 
to  correct  errors  in  typography  and  punctuation;  to  insert  in 
the  appropriate  place  in  the  act  such  parts  of  the  Public  Laws 
as  have  been  incorporated  by  reference;  to  insert  in  the 
appropriate  place  in  the  act  any  legislation  of  this  session 
which  has  not  been  included  in  the  body  of  the  act  and  to 
make  such  changes  in  the  body  of  the  act  as  are  required 
thereby.  The  constitution  of  the  state  and  amendments 
thereto  shall  be  inserted  in  the  publication.  The  commission 
shall  cause  to  be  prepared  by  such  means  as  it  shall  judge 
suitable,  and  to  be  inserted  in  the  publication,  a  complete  in- 
dex of  all  the  subjects  embraced  therein. 

2.  Publication.  The  whole  act  together  with  the  changes, 
additions  and  corrections  authorized  by  section  1  shall  be 
published  in  one  or  more  volumes  as  the  commission  shall 
determine,  having  the  same  size  of  page  and  general  style  of 
printing  as  the  commissioners'  report.  The  complete  publi- 
cation shall  be  entitled  and  cited  as  "Revised  Laws  of  The 
State  of  New  Hampshire." 

3.  Number  Issued,  Distribution.  The  commission  shall 
contract  for  the  printing  of  an  edition  of  three  thousand 
copies  and  for  the  binding  of  fifteen  hundred  copies  in  good 
law  buckram.  The  bound  volumes  and  unbound  sheets  shall 
be  delivered  to  the  secretary  of  state  for  distribution  by  him. 

4.  Appropriation.  For  the  completion,  printing,  and  publi- 
cation of  said  act,  the  reimbursement  of  the  commissioners 
for  their  reasonable  expenses,  including  stenographic  services, 
and  the  compensation  of  the  commissioners  for  their  services 
in  carrying  out  the  provisions  of  this  act,  the  sum  of  twenty- 
five  thousand  dollars  is  hereby  appropriated  for  the  fiscal  year 
beginning  July  1,  1941,  and  the  sum  of  five  thousand  dollars, 
or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated for  the  fiscal  year  beginning  July  1,  1942,  and  any 
sum  not  expended  in  the  first  fiscal  year  may  be  added  to  the 
appropriation  for  the  succeeding  fiscal  year.  The  commission 
may  also  use  any  sum  which  may  remain  unexpended  from 
the  sums  appropriated  by  chapter  214  of  the  Laws  of  1939. 

5.  Sales.  The  secretary  of  state  shall  sell  bound  copies  of 
the  volumes  comprising  the  Revised  Laws  to  those  applying 
therefor  at  prices  to  be  fixed  by  the  governor  and  council  and 


304  Chapter  194  [1941 

may  sell  to  dealers  buying  for  resale  at  such  discount  from 
the  general  retail  price  as  the  governor  and  council  may 
approve;  but  such  sales  shall  not  exceed  twenty-five  volumes 
or  sets  in  a  single  sale  and  shall  be  made  only  to  dealers  who 
agree  to  resell  such  volumes  at  retail  at  the  general  retail 
price  established  by  the  governor  and  council.  When  the 
supply  of  bound  volumes  is  exhausted,  the  secretary  of  state 
shall  cause  additional  copies  to  be  bound  in  the  manner 
usually  employed  by  him  in  the  binding  of  the  session  laws. 

6.  Laws  of  1941.  The  public  and  private  acts  and  resolves 
of  the  session  of  1941  shall  be  published  in  a  separate  volume 
by  the  secretary  of  state.  This  volume  shall  not  include  "An 
Act  to  revise,  codify  and  amend  the  Public  Laws  of  The  State 
of  New  Hampshire,"  the  publication  of  which  is  herein  author- 
ized to  be  published  as  the  Revised  Laws. 

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

[Approved  June  13,  1941.] 

CODE  OF  REVISED  LAWS 

The  Revised  Laws,  effective  January  1,  1942,  publication  of 
which  is  provided  for  in  the  above  Chapter  193,  were  an  act 
of  the  Legislature  of  1941  approved  June  13,  and  omitted 
from  this  volume. 


CHAPTER  194. 


AN  ACT  AUTHORIZING  THE  STATE  OF  NEW  HAMPSHIRE  TO  TAKE 

OVER  THE  WARREN-WOODSTOCK  ROAD  IN  THE  TOWNS   OF 

WARREN  AND  WOODSTOCK  FOR  THE  PURPOSE  OF 

MAINTENANCE. 

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

1.  Highway  Maintenance.  That  the  Warren-Woodstock 
road,  from  its  junction  with  the  road  leading  to  the  C.  C.  C. 
Camp  at  East  Warren  to  its  junction  with  the  Lost  River  road 
in  North  Woodstock,  a  distance  of  approximately  ten  and  one- 
half  miles,  shall  hereafter  be  maintained  by  the  state  of  New 
Hampshire  under  the  direction  of  the  state  highway  commis- 
sioner and  the  expense  shall  be  a  charge  upon  the  highway 


1941]  Chapter  195  305 

funds.  This  highway  shall  be  called  The  Sawyer  Highway  in 
honor  of  Harry  Sawyer  of  Woodstock. 

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

[Approved  June  13,  1941.] 


CHAPTER  195. 

AN   ACT   PROVIDING  FOR  THE  ACCEPTANCE   OF  A   GIFT   OF  LAND 

FROM  THE  ST.  REGIS  PAPER  COMPANY  AND  THE  CONNECTICUT 

RIVER  POWER  COMPANY  FOR  THE  PURPOSE  OF  A  STATE 

FOREST  RESERVATION. 

Whereas,  the  St.  Regis  Paper  Company  and  the  Connecti- 
cut River  Power  Company  have  agreed  to  transfer  to  the  state 
of  New  Hampshire  for  the  consideration  of  ten  dollars,  all 
their  right,  title  and  interest  in  and  to  a  tract  of  land  one 
thousand  feet  in  width  from  a  point  near  the  Second  Lake 
dam  in  the  town  of  Pittsburg  and  continuing  southerly 
through  said  town  for  approximately  four  miles  to  the  Bald- 
win estate,  so  called,  subject  to  the  following  conditions, 
namely : 

I.  No  buildings  or  structures  shall  be  erected  on  the 
deeded  area,  except  there  shall  be  allowed  to  be  erected  on 
said  strip  any  necessary  official  state  buildings. 

H.  The  said  land  shall  be  maintained  as  a  state  forest 
reservation  and  park. 

HI.  The  area  deeded  shall  be  suitably  policed  and  patrolled 
for  fire  protection. 

IV.  The  St.  Regis  Paper  Company  and  the  Connecticut 
River  Power  Company  reserve  the  right  to  cross  and  recross 
this  deeded  area  at  points  where  in  their  opinion  it  is 
necessary  in  order  to  properly  operate  their  respective  sur- 
rounding timber  limits. 

V.  No  signs  shall  appear  on  the  deeded  area,  except  state 
direction  or  protective  signs. 

VI.  In  the  event  that  the  area  is  abandoned  by  the  state 
as  a  forest  reservation  and  park  it  shall  revert  to  the  St. 
Regis  Paper  Company  and  the  Connecticut  River  Power  Com- 
pany, respectively,  as  their  interests  in  said  area  now  exist. 
Now  Therefore 


306  Chapter  196  [1941 

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

1.  Gift  Accepted.  The  governor  and  council  are  hereby 
empowered  to  accept  on  behalf  of  the  state  deeds  from  the 
St.  Regis  Paper  Company  and  the  Connecticut  River  Power 
Company  of  their  respective  interests  in  the  tract  of  land  in 
the  town  of  Pittsburg,  hereinbefore  described,  subject  to  said 
conditions  and  reservations,  for  the  purpose  of  a  state  forest 
reservation  and  park.  Said  tract  of  land  when  acquired  by 
the  state  shall  be  a  continuation  of  the  state  forest  reservation 
and  park  acquired  by  the  state  from  the  New  Hampshire- 
Vermont  Lumber  Company,  under  the  provisions  of  chapter 
92  of  the  Laws  of  1935,  and  the  maintenance  of  said  forest 
reservation  and  park  area  shall  be  under  the  supervision  of 
the  forestry  and  recreation  commission. 

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

[Approved  June  13,  1941.] 


CHAPTER  196. 

AN  ACT  RELATIVE  TO  WARD  14  IN    THE    CITY    OF    MANCHESTER. 

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

1.  Ward  14,  City  of  Manchester.  Amend  section  18  [19] 
of  chapter  22  of  the  Public  Laws  (section  18,  chapter  30,  com- 
missioners' report)  by  striking  out  the  words  "and  eleven" 
and  inserting  in  place  thereof  the  words,  eleven  and  fourteen, 
so  that  said  section  as  amended  shall  read  as  follows: 
18.  [19].  Senatorial  District  18.  Senatorial  district  num- 
ber eighteen  contains  Wards  five,  seven,  eight,  eleven  and 
fourteen  of  Manchester. 

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

[Approved  June  13,  1941.] 


1941]  Chapter  197  307 

CHAPTER  197. 

AN  ACT  PROVIDING    FOR    THE    OPERATION    AND    REGULATION    OF 

PIPE  LINES  FOR  THE  TRANSPORTATION  OF  PETROLEUM 

AND  ITS  BY-PRODUCTS. 

Whereas  the  present  emergency  has  created  a  shortage  in 
tank  cars,  tank  ships  and  other  facilities  for  the  transporta- 
tion of  petroleum  and  its  by-products  for  domestic  and 
national  defense  purposes  with  the  result  that  the  safety  and 
economic  welfare  of  the  citizens  of  this  state  and  of  the  nation 
are  being  jeopardized,  and 

Whereas  the  construction  of  pipe  lines  for  the  transporta- 
tion of  such  petroleum  and  its  by-products  in  and  through  this 
■  state  will  tend  to  alleviate  the  ill  effects  of  such  shortage  and 
promote  the  interests  of  national  defense  and  the  safety  and 
welfare  of  the  citizens  of  this  state;  now  therefore, 

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

1.  Definition.  Amend  section  4  of  chapter  236  of  the 
Public  Laws,  as  amended  by  chapter  114,  Laws  of  1935  (sec- 
tion 4  of  chapter  276  of  the  commissioners'  report)  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing :  4.  Public  Utility.  The  term  public  utility  shall  include 
every  corporation,  company,  association,  joint  stock  associa- 
tion, partnership  and  person,  their  lessees,  trustees  or  re- 
ceivers appointed  by  any  court,  except  municipal  corporations, 
owning,  operating  or  managing  any  plant  or  equipment  or 
any  part  of  the  same  for  the  conveyance  of  telephone  or 
telegraph  messages  or  for  the  manufacture  or  furnishing  of 
light,  heat,  power  or  water  for  the  public,  or  in  the  gener- 
ation, transmission  or  sale  of  electricity  ultimately  sold  to 
the  public,  or  owning  or  operating  any  toll  bridge  or  toll 
road,  or  owning  or  operating  any  steam  or  other  power  boat 
engaged  in  the  common  carriage  of  passengers  or  freight 
or  owning  or  operating  any  pipe  line,  including  pumping 
stations,  storage  depots  and  other  facilities,  for  the  trans- 
portation of  crude  petroleum  and  refined  petroleum  products 
or  combinations  thereof. 

2.  Taxation.  Amend  section  7  of  chapter  60  of  the  Public 
Laws  (section  8  of  chapter  73  of  the  commissioners'  report)  by 


308  CHiVPTER  197  [1941 

striking  out  said  section  and  inserting  in  place  thereof  the 
following :  7.  Electric  Plants  and  Pipe  Lines.  Lands,  dams, 
canals,  water  power,  pipe  lines,  buildings,  structures, 
machinery,  dynamos,  apparatus,  poles,  wires,  fixtures  of  all 
kinds  and  descriptions  owned,  operated  and  employed  by  any 
one  other  than  a  municipal  corporation  in  generating,  pro- 
ducing, supplying  and  distributing  electric  power  or  light,  or 
in  transporting  crude  petroleum  and  refined  petroleum 
products  or  combinations  thereof,  shall  be  taxed  as  real  estate 
in  the  town  in  which  said  property  or  any  part  of  it  is 
situated. 

3.  Eminent  Domain  Proceedings.  Amend  chapter  244  of 
the  Public  Laws  by  inserting  after  section  7  (section  14, 
chapter  285,  commissioners'  report)  the  following  new  sec- 
tion: 7-a.  Pipe  Line  Companies.  Whenever  any  pipe  line 
company,  from  any  cause,  shall  be  unable  to  acquire  lands 
necessary  to  its  purposes  by  purchase,  lease  or  otherwise,  it 
may  institute  proceedings  for  condemnation  thereof  in  the 
manner  herein  provided  in  lieu  of  the  proceedings  provided 
in  sections  1  to  7,  inclusive,  of  this  chapter. 

I.  Said  pipe  line  company  shall  cause  a  plan  or  location 
of  the  real  estate  proposed  to  be  taken  to  be  prepared  and  a 
copy  thereof  filed  with  the  clerk  of  the  superior  court  for  each 
county  in  which  any  of  such  real  estate  is  located  and 
shall  apply  by  petition  to  the  superior  court  for  the 
county  in  which  such  real  estate  is  located,  to  acquire  said 
real  estate  for  the  purposes  of  such  pipe  line  and  to  have 
assessed  the  damages  occasioned  by  the  taking.  Such  petition 
shall  state  the  name  and  residence  so  far  as  known  to  said 
pipe  line  company  of  all  persons  claiming  ownership  of  or  in- 
terest in  the  real  estate  proposed  to  be  taken.  Where  such 
real  estate  is  located  in  more  than  one  county  the  petition  may 
be  filed  in  either  county. 

II.  The  superior  court,  upon  the  filing  of  any  such 
petition,  shall  order  notice  thereof  to  be  given  to  all  persons 
claiming  ownership  of  or  interest  in  such  real  estate  to  appear 
and  present  their  claims  at  a  time  and  place  to  be  stated  in 
the  notice,  by  publication,  and  an  attested  copy  of  such  notice 
shall  be  given  in  hand  to,  left  at  the  usual  place  of  residence 
or  business  of,  or  sent  by  registered  mail  to  the  last  known 
address  of  all  claimants  whose  names  appear  in  the  petition, 


1941]  Chapter  197  309 

fourteen  days  at  least  before  the  said  date  of  hearing.  The 
superior  court,  after  notice  to  all  parties  interested,  shall  hear 
the  preliminary  questions,  if  any,  and  all  issues  relating  to 
title,  and  shall  determine  the  rights  and  interests  of  any  and 
all  parties,  and  the  findings  and  decree  relating  to  such  issues 
shall  be  final  and  subject  to  review  only  upon  questions  of 
law. 

III.  Upon  final  determination  of  any  and  all  of  said 
questions,  the  superior  court  shall  unless  the  parties  elect  a 
trial  by  jury,  appoint  a  commission  consisting  of  three  suit- 
able persons  to  assess  the  damages  occasioned  by  the  taking. 
The  commissioners,  upon  reasonable  notice  to  all  interested 
parties  and  after  hearing,  shall  assess  the  damages  and  make 
report  of  such  assessment  to  the  superior  court,  and  such 
action  shall  be  taken  thereon  as  justice  may  require.  If 
either  party  shall  so  elect,  before  reference  of  such  petition 
to  a  commission,  the  damages  occasioned  by  the  taking  shall 
be  assessed  by  jury. 

IV.  In  trying  any  question  of  damages  before  said  com- 
missioners or  by  jury,  the  appraisal  for  taxation  of  such  real 
estate,  and  in  cases  where  less  than  the  whole  interest  in  real 
estate  is  sought  to  be  acquired,  the  appraisal  for  taxation  of 
such  whole  interest,  by  the  selectmen  or  tax  assessors  for  the 
tax  year  in  which  such  application  shall  have  been  filed,  and 
for  as  many  preceding  years  as  the  commissioners  or  the 
court  may  consider  relevant,  shall  be  competent  as  evidence 
of  value.  The  damages  as  determined  shall  be  awarded  to 
the  owner  or  apportioned  among  the  several  owners  in  accord- 
ance with  their  several  interests  as  determined  and  judgment 
shall  be  entered  accordingly. 

V.  Said  pipe  line  company  at  any  time  after  filing  such 
petition  may  enter  upon  and  take  possession  of  the  real  estate 
upon  providing  such  security  as  justice  may  require,  to  pay 
any  damages  occasioned  by  the  entry  or  to  satisfy  any  judg- 
ment which  may  be  rendered  on  the  petition.  The  amount  of 
the  security  and  all  questions  relating  thereto  may  be  de- 
termined by  the  superior  court  upon  application  of  either 
party.  The  title  to  the  real  estate  shall,  upon  payment  or 
tender  of  the  damages  occasioned  by  the  taking,  be  vested  in 
the  pipe  line  company.  For  purposes  of  surveying  and  other 
investigation,  said  pipe  line  company  shall  be  entitled  to  enter 
upon  any  real  estate,  doing  no  unnecessary  damage,  and  the 


310  Chapter  198  [1941 

owner  thereof  may,  if  the  parties  are  unable  to  agree,  re- 
cover any  damages  sustained  by  him  by  reason  of  any  pre- 
liminary entry  authorized  by  this  section,  by  action  at  law 
against  said  pipe  line  company. 

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

[Approved  June  13,  1941.] 


CHAPTER  198. 

AN  ACT  RELATING  TO  LIABILITY  INSURANCE. 

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

1.  Motor  Vehicle  Liability  Insurance.  Amend  section  17 
of  chapter  161  of  the  Laws  of  1937  (commissioners'  report, 
chapter  122,  section  16)  by  striking  out  the  same  and  insert- 
ing in  place  thereof  the  following :  17.  Required  Provisions. 
A  motor  vehicle  liability  policy  shall  be  subject,  with  respect 
to  accidents  which  occur  in  New  Hampshire  and  within  limits 
of  liability  required  by  this  chapter,  to  the  following  pro- 
visions which  need  not  be  contained  therein: 

I.  The  liability  of  any  company  under  a  motor  vehicle 
liability  policy  shall  become  absolute  whenever  loss  or  damage 
covered  by  said  policy  occurs,  and  the  satisfaction  by  the  in- 
sured of  a  final  judgment  for  such  loss  or  damage  shall  not 
be  a  condition  precedent  to  the  right  or  duty  of  the  company 
to  make  payment  on  account  of  said  loss  or  damage.  No 
agreement  between  the  company  and  the  insured  after  the 
insured  has  incurred  liability  for  loss  or  damage  covered  by 
the  policy  shall  operate  to  defeat  the  company's  liability  to 
pay  for  such  loss  or  damage.  Upon  the  recovery  of  a  final 
judgment  against  any  person  for  any  loss  or  damage  specified 
in  this  section,  if  the  judgment  debtor  was,  at  the  accrual  of 
the  cause  of  action,  protected  against  liability  therefor  under 
a  motor  vehicle  liability  policy,  the  judgment  creditor  shall  be 
entitled  to  have  the  insurance  money  applied  to  the  satis- 
faction of  the  judgment. 

IL  The  policy,  the  written  application  therefor,  if  any, 
and  any  rider  or  indorsement,  which  shall  not  conflict  with 
the  provisions  of  this  chapter,  shall  with  the  provisions  of 


1941]  Chapter  198  311 

this  section  and  any  other  appHcable  statutes  constitute  the 
entire  contract  between  the  parties. 

III.  With  respect  to  accidents  which  occur  within  this 
state  and  subject  to  the  minimum  limits  of  habihty  vahdly 
made  under  the  authority  of  paragraph  VII  of  section  1  of 
this  chapter  the  pohcy  is  to  be  interpreted  with  reference 
hereto  and  the  liabihty  of  the  company  under  the  pohcy  shall 
thereby  become  absolute  upon  the  occurrence  of  such  an 
accident;  no  statement  made  by  the  insured  or  on  his  behalf, 
and  no  violation  of  exclusions,  conditions,  other  terms  or 
language  contained  in  the  policy,  and  no  unauthorized  or  un- 
lawful use  of  the  vehicle  except  as  provided  in  paragraph  VI 
of  this  section,  whether  or  not  a  premium  charge  has  been 
made  and  paid,  shall  operate  to  defeat  or  avoid  the  policy  so 
as  to  bar  recovery  for  such  accidents  within  said  limits  of 
liability. 

IV.  If  the  death,  insolvency  or  bankruptcy  of  the 
insured  shall  occur  within  the  policy  period,  the  policy 
during  the  unexpired  portion  of  such  period  shall 
cover  the  person  or  persons  entitled  to  possession  of  the 
vehicle  of  the  insured.  Such  policy  shall  contain  such  pro- 
visions, not  inconsistent  with  this  chapter,  as  shall  be  re- 
quired by  the  insurance  commissioner. 

V.  Damages  shall  not  be  assessed  except  by  special  order 
of  the  court  in  an  action  of  tort,  payment  of  the  judgment 
wherein  is  secured  by  a  motor  vehicle  liability  policy  or  a 
motor  vehicle  liability  bond,  as  defined  in  section  1,  and  where- 
in the  defendant  has  been  defaulted  for  failure  to  enter  an 
appearance  until  the  expiration  of  thirty  days  after  the  plain- 
tiff has  given  notice  of  such  default  to  the  company  issuing 
or  executing  such  policy  or  bond  and  has  filed  an  affidavit 
thereof.  Such  notice  may  be  given  by  mailing  the  same, 
postage  prepaid,  to  the  said  company  or  to  its  agent  who 
issued  or  executed  such  policy  or  bond.  Upon  receipt  of  in- 
formation and  having  become  satisfied  that  the  insured  has 
failed  to  comply  with  the  terms  of  his  policy  in  regard  to 
notice  to  the  company  of  an  accident,  the  commissioner  shall 
revoke  his  license  and  registration  for  such  period  as  the 
commissioner  shall  determine. 

VI.  The  insurance  applies  to  any  person  who  has 
obtained  possession  or  control  of  the  motor  vehicle  of  the  in- 


312  Chapter  198  [1941 

sured  with  his  express  or  impHed  consent  even  though  the 
use  in  the  course  of  which  liability  to  pay  damages  arises  has 
been  expressly  or  impliedly  forbidden  by  the  insured  or  is 
otherwise  unauthorized.  This  provision,  however,  shall  not 
apply  to  the  use  of  a  motor  vehicle  converted  with  the  intent 
wrongfully  to  deprive  the  owner  of  his  property  therein. 

2.  Prohibition.  Amend  section  19  of  chapter  161  of  the 
Laws  of  1937  (commissioners'  report,  chapter  122,  section  18) 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  19.  Prohibition.  No  motor  vehicle  liability 
policy  other  than  that  defined  in  section  1  shall  be  issued  or 
delivered  in  this  state,  either  before  or  after  requirement  of 
security  and  proof,  by  any  authorized  insurance  company, 
except  that  such  an  authorized  insurance  company  may  issue 
and  deliver  what  is  known  as  a  Standard  Automobile  Liability 
Policy  by  having  attached  thereto  an  indorsement  meeting  the 
requirements  of  this  chapter,  such  indorsement  to  be  in  such 
form  as  the  insurance  commissioner  shall  prescribe  and  to  be 
known  as  the  New  Hampshire  Statutory  Motor  Vehicle 
Liability  Policy  Indorsement.  The  insurance  commissioner 
shall  approve  such  policy,  indorsements  and  binders  as  shall 
meet  the  requirements  of  this  chapter,  and  may,  from  time  to 
time  as  he  may  find  the  public  good  requires,  change  the  form 
and  provisions  in  policies,  indorsements  and  binders  and  the 
terms  and  conditions  thereof. 

3.  Accidents  in  the  State.  Amend  section  20  of  chapter 
161  of  the  Laws  of  1937  (commissioners'  report,  chapter  122, 
section  19)  by  inserting  after  the  word  "incurred,"  in  the 
third  line,  the  words,  as  a  result  of  accidents  which  occur  in 
New  Hampshire,  so  that  said  section  as  amended  shall  read 
as  follows:  20.  Amount  of  Proof  Required.  Proof  of 
financial  responsibility  shall  mean  proof  of  ability  to  respond 
in  damages  for  any  liability  thereafter  incurred,  as  a  result  of 
accidents  which  occur  in  New  Hampshire,  arising  out  of  the 
ownership,  maintenance,  control  or  use  of  a  motor  vehicle, 
trailer  or  semi-trailer  in  the  amount  of  five  thousand  dollars 
because  of  bodily  injury  or  death  to  any  one  person,  and  sub- 
ject to  said  limit  respecting  one  person,  in  the  amount  of  ten 
thousand  dollars  because  of  bodily  injury  to  or  death  to  two 
or  more  persons  in  any  one  accident,  and  in  the  amount  of  one 
thousand  dollars  because  of  injury  to  and  destruction  of  prop- 


1941]  Chapter  198  313 

erty  in  any  one  accident.  Whenever  required  under  this 
chapter  such  proof  in  such  amounts  shall  be  furnished  for 
each  motor  vehicle,  trailer  or  semi-trailer  registered  by  such 
person. 

4.  Definitions.  Amend  section  1  of  chapter  161  of  the 
Laws  of  1937  (commissioners'  report,  section  1,  chapter  122) 
by  striking  out  in  the  said  section  1,  paragraphs  VI,  VII  and 
VIII,  and  inserting  in  place  thereof,  the  following:  VI.  "Cer- 
tificate," the  certificate  of  an  insurance  company  authorized 
to  transact  the  business  specified  in  chapter  279  of  the  Public 
Laws  that  it  has  issued  to  or  for  the  benefit  of  the  defendant 
a  motor  vehicle  liability  policy  as  hereinafter  defined  cover- 
ing the  use  of  the  motor  vehicle,  trailer  or  semi-trailer  in- 
volved in  the  accident  as  a  result  of  which  the  action  at  law 
to  recover  damages  referred  to  in  section  6  was  commenced 
as  respects  such  accident;  or  the  certificate  of  a  surety  com- 
pany authorized  to  transact  business  under  chapter  282  of  the 
Public  Laws  that  it  has  issued  to  or  for  the  benefit  of  the  de- 
fendant a  motor  vehicle  liability  bond  as  hereinafter  defined 
covering  the  use  of  the  motor  vehicle,  trailer  or  semi-trailer 
involved  in  the  accident  as  a  result  of  which  the  action  at  law 
to  recover  damages  referred  to  in  section  6  was  commenced 
as  respects  such  accident.  VII.  "Motor  Vehicle  Liability 
Policy,"  a  policy  of  liability  insurance  which  provides:  (a) 
indemnity  for  or  protection  to  the  insured  and  any  person 
responsible  to  him  for  the  operation  of  the  insured's  motor 
vehicle,  trailer  or  semi-trailer  who  has  obtained  possession  or 
control  thereof  with  his  express  or  implied  consent,  against 
loss  by  reason  of  the  liability  to  pay  damages  to  others  for 
damage  to  property,  except  property  of  others  in  charge  of 
the  insured  or  his  employees,  or  bodily  injuries,  including 
death  at  any  time  resulting  therefrom,  accidentally  sustained 
during  term  of  said  policy  by  any  person  other  than  the  in- 
sured, or  employees  of  the  insured  actually  operating  the 
motor  vehicle  or  of  such  other  person  responsible  as  aforesaid 
who  are  entitled  to  payments  or  benefits  under  the  provisions 
of  any  workmen's  compensation  act,  arising  out  of  the  owner- 
ship, operation,  maintenance,  control  or  use  within  the  limits 
of  the  United  States  of  America  or  the  Dominion  of  Canada 
of  such  motor  vehicle,  trailer  or  semi-trailer,  to  the  amount  or 
limit  of  at  least  five  thousand  dollars  on  account  of  injury  to 


314  Chapter  198  [1941 

or  death  of  any  one  person,  and  subject  to  such  limits  as  re- 
spects injury  to  or  death  of  one  person,  of  at  least  ten  thou- 
sand dollars  on  account  of  any  one  accident  resulting  in  in- 
jury to  or  death  of  more  than  one  person,  and  of  at  least  one 
thousand  dollars  for  damage  to  property  of  others,  as  herein 
provided,  or  a  binder  pending  the  issue  of  such  a  policy,  or  an 
indorsement  to  an  existing  policy,  as  defined  in  sections  16,  17 
and  19,  and  (b)  which  further  provides  indemnity  for  or  pro- 
tection to  the  named  insured  and  to  the  spouse  of  such  named 
insured  as  insured  if  a  resident  of  the  same  household,  or  the 
private  chauffeur  or  domestic  servant  acting  within  the  scope 
of  the  employment  of  any  such  insured  with  respect  to  the 
presence  of  any  such  insured  in  any  other  motor  vehicle,  from 
liability  as  a  result  of  accidents  which  occur  in  New  Hamp- 
shire due  to  the  operation  of  any  motor  vehicle,  trailer  or 
semi-trailer  not  owned  in  whole  or  in  part  by  such  insured, 
provided,  however,  the  insurance  afforded  under  this  sub- 
paragraph (b)  applies  only  if  no  other  valid  and  collectible  in- 
surance is  available  to  the  insured.  VIII.  "Motor  Vehicle 
Liability  Bond,"  a  bond  conforming  to  the  provisions  of  sec- 
tion 18  and  conditioned  that  the  obligor  shall  within  thirty 
days  after  the  rendition  thereof  satisfy  all  judgments 
rendered:  (a)  against  him  or  against  any  person  responsible 
to  him  for  the  operation  of  the  obligor's  motor  vehicle,  trailer 
or  semi-trailer  who  has  obtained  possession  or  control  thereof 
with  his  express  or  implied  consent,  in  actions  to  recover 
damages  for  damage  to  property  of  others  or  bodily  injuries, 
including  death  at  any  time  resulting  therefrom,  accidentally 
sustained  during  the  term  of  said  bond  by  any  person  other 
than  the  insured  employees  of  the  obligor  actually  operating 
the  motor  vehicle  or  of  such  other  person  responsible  as  afore- 
said who  are  entitled  to  payments  or  benefits  under  the 
provisions  of  any  workmen's  compensation  act,  arising  out 
of  the  ownership,  operation,  maintenance,  control,  or  use  with- 
in the  limits  of  the  United  States  of  America  or  the  Dominion 
of  Canada  of  such  motor  vehicle,  trailer  or  semi-trailer,  to 
the  amount  or  limit  of  at  least  one  thousand  dollars  on 
account  of  damage  to  property  and  at  least  five  thousand 
dollars,  on  account  of  injury  to  or  death  of  any  one  per- 
son, and,  subject  to  such  limits  as  respects  injury  to 
or    death    of    one  person,    at    least    ten    thousand    dollars 


1941]  Chapter  198  315 

on  account  of  any  one  accident  resulting  in  injury  to  or 
death  of  more  than  one  person,  and  (b)  which  further  pro- 
vides indemnity  for  or  protection  to  the  obHgor  and  to  the 
spouse  of  such  obhgor  if  a  resident  of  the  same  household,  a 
private  chauffeur  or  domestic  servant  in  the  employ  of  any 
such  obligor  and  with  respect  to  the  presence  of  any  of  said 
persons  in  any  other  automobile,  from  liability  as  a  result  of 
accidents  which  occur  in  New  Hampshire  due  to  the  operation 
of  any  motor  vehicle,  trailer  or  semi-trailer  not  owned  in 
whole  or  in  part  by  said  persons,  provided,  however,  the  pro- 
tection afforded  under  this  sub-paragraph  (b)  applies  only  if 
no  other  valid  and  collectible  security  is  available  to  said 
persons. 

5.  Policy,  Form.  Amend  section  16  of  chapter  161  of  the 
Laws  of  1937  (commissioners'  report,  chapter  122,  section  15) 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  16.  Policy,  Form.  No  motor  vehicle  liability 
policy,  as  defined  in  section  1,  shall  be  issued  or  delivered  in 
the  state  until  a  copy  of  the  form  of  the  policy  has  been  on 
file  with  the  insurance  commissioner  for  at  least  thirty  days, 
unless,  during  said  period,  the  commissioner  shall  have 
approved  in  writing  the  form  of  the  policy,  nor  shall  such 
policy  be  issued  if  the  commissioner  notifies  the  insurance 
company  in  writing  that,  in  his  opinion,  the  form  of  the  policy 
does  not  comply  with  the  laws  of  the  state.  Notification  of 
his  approval  or  disapproval  shall  be  given  in  writing  within 
said  period.  The  commissioner  shall  approve  a  form  of  policy 
which  contains  the  name,  address  and  business  of  the  insured, 
a  description  of  the  motor  vehicles  and  trailers  or  semi-trailers 
covered,  with  the  premium  charges  therefor,  the  policy  period, 
the  limits  of  liability  as  between  the  insured  and  the  insurance 
company,  and  an  agreement  that  insurance  is  provided  in 
accordance  with  and  subject  to  the  provisions  of  this  chapter. 

The  policy  may  provide  that  the  insured,  or  any  other  per- 
son covered  by  the  policy  shall  reimburse  the  insurance 
carrier  for  payment  made  on  account  of  any  loss  or  damage 
claim  or  suit  involving  a  breach  of  the  terms,  provisions  or 
conditions  of  the  policy;  and  further,  if  the  policy  shall  pro- 
vide for  limits  in  excess  of  the  limits  specified  in  this  chapter, 
the  insurance  carrier  may  plead  against  any  plaintiff,  with  re- 
spect to  the  amount  of  such  excess  limits  of  liability,  any  de- 


316  Chapter  199  [1941 

fenses  which  it  may  be  entitled  to  plead  against  the  insured, 
and  any  such  policy  may  further  provide  for  the  pro-rating  of 
the  insurance  thereunder  with  other  applicable  valid  and 
collectible  insurance. 

6.  Constitutionality.  If  any  provision  of  this  act  or  the 
application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, the  remainder  of  the  act  and  the  application  of  such 
provisions  to  other  persons  and  circumstances  shall  not  be 
affected  thereby. 

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

[Approved  June  13,  1941.] 


CHAPTER  199. 

AN  ACT  RELATING  TO  THE  DEVELOPMENT  OF  AERONAUTICS. 

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

General  Provisions 

1.  Name  of  Act.  This  act  shall  be  known  and  may  be 
cited  as  the  New  Hampshire  Aeronautics  Act  of  1941. 

2.  Declaration  of  Purpose.  It  is  hereby  declared  that  the 
purpose  of  this  act  is  to  further  the  public  interest  by : 

(a)  The  revision  of  existing  statutes  relative  to  aviation 
in  order  to  centralize  all  aeronautical  activities  in  a  single 
state  agency  authorized  to  participate  in  any  activity  essential 
to  progress  in  aeronautics. 

(b)  Making  available  for  the  development  of  aeronautics 
the  funds  now  received  for  the  registration  of  airmen,  air- 
craft, and  landing  areas,  and  providing  new  sources  of 
revenue. 

(c)  Effecting  a  uniformity  in  the  regulations  pertaining 
to  the  operation  of  aircraft  by  authorizing  the  adoption  of 
uniform  regulations  consistent  with  federal  regulations  and 
making  non-compliance  with  federal  regulations  a  violation  of 
the  state  law,  thereby  enabling  the  law  enforcement  agencies 
of  the  state  to  enforce  the  laws  regulating  the  operation  of 
aircraft. 


1941]  Chapter  199  317 

3.     Definitions. 

I.  "Aeronautics"  means  the  act  or  practice  of  the  art 
and  science  of  transportation  by  aircraft,  and  operation,  con- 
struction, repair  or  maintenance  of  aircraft,  airports,  land- 
ing fields,  air  navigation  facilities  or  air  instruction. 

II.  "Air  carrier"  means  any  person  who  undertakes, 
whether  directly  or  indirectly  or  by  a  lease  or  any  other 
arrangement,  to  engage  in  scheduled  intrastate  air  transpor- 
tation which  at  any  time  or  in  any  manner  is  not  subject  to 
the  interstate  scheduled  airline  rules  of  the  civil  air  regula- 
tions. 

III.  "Air  commerce"  means  the  carriage  by  aircraft  of 
persons  or  property  for  compensation  or  hire,  or  the  opera- 
tion or  navigation  of  aircraft  in  the  conduct  or  furtherance 
of  a  business  or  vocation. 

IV.  "Aircraft"  means  any  contrivance  now  known  or 
hereafter  invented,  used,  or  designed  for  navigation  of  or 
flight  in  the  air,  except  a  parachute  or  other  contrivance 
designed  for  such  navigation  but  used  primarily  as  safety 
equipment. 

V.  "Airman"  means  any  individual  who  engages,  as 
the  person  in  command  or  as  pilot,  mechanic,  or  member  of 
the  crew,  in  the  navigation  of  aircraft  while  under  way;  and 
any  individual  who  is  directly  in  charge  of  the  inspection, 
maintenance,  overhauling,  or  repair  of  aircraft,  aircraft  en- 
gines, propellers,  or  appliances. 

VI.  "Air  navigation  facility"  means  any  facility  used 
in,  available  for  use  in,  or  designed  for  use  in,  aid  of  air 
navigation,  including  landing  areas,  lights,  any  apparatus  or 
equipment  for  disseminating  weather  information,  for  signal- 
ing, for  radio-directional  finding,  or  for  radio  or  other  electri- 
cal 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. 

VII.  "Airport"  means  a  landing  area  providing  certain 
specified  facilities  and  services  for  use  in  connection  with  air 
transportation. 

VIII.  "Air  transportation"  means  the  transportation  of 
persons,  property,  or  mail  by  aircraft. 

IX.  "Authority"  means  the  civil  aeronautics  authority 


318  Chapter  199  [1941 

of  the  United  States,  or  any  federal  agency  superseding  the 
civil  aeronautics  authority. 

X.  "Certificate,  airworthiness"  is  a  document  issued  by 
the  authority  to  the  registered  owner  of  an  aircraft,  certify- 
ing that  the  aircraft  is  airworthy  when  operated  and  main- 
tained in  accordance  with  the  terms  of  said  certificate. 

XL  "Certificate,  experimental"  is  a  document  issued  by 
the  authority  to  the  registered  owner  of  an  aircraft,  certify- 
ing that  the  aircraft  is  an  experimental  aircraft  and  specify- 
ing such  operation  limitations  as  are  deemed  necessary  by  the 
authority. 

XII.  "Certificate  of  competency"  is  a  document  issued  by 
the  authority  to  airmen  specifying  the  kind  of  aeronautical 
activity  for  which  they  are  deemed  competent. 

XIII.  "Certificate,  registration  (federal) "  is  a  document, 
together  with  an  identification  mark,  issued  by  the  authority 
to  the  owner  of  an  aircraft  for  purposes  of  identifying  the 
aircraft  and  determining  its  nationality. 

XIV.  "Certificate,  registration  (state)"  is  a  document 
issued  by  the  commission  for  airmen,  aircraft,  landing  areas 
and  air  carriers,  specifying  the  aeronautical  activities  in 
which  the  holder  thereof  may  engage. 

XV.  "Civil  aircraft"  means  any  aircraft  other  than  a 
public  aircraft. 

XVI.  "Civil  air  regulations"  means  the  regulations  of 
the  civil  aeronautics  authority  issued  under  the  authority  of 
the  "Civil  Aeronautics  Act  of  1938,"  or  any  federal 
regulations  superseding  those  issued  under  the  authority  of 
that  act. 

XVII.  "Commission"  means  the  New  Ham.pshire  aero- 
nautics commission  created  by  this  act. 

XVIII.  "Director"  means  the  New  Hampshire  director 
of  aeronautics  authorized  by  this  act. 

XIX.  "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  dis- 
charging passengers  or  cargo. 

XX.  "Navigable  air  space"  means  air  space  above  the 


1941]  Chapter  199  319 

minimum    altitudes    of    flight    prescribed    by    the    civil    air 
regulations. 

XXI.  "Navigation  of  aircraft"  or  "navigate  aircraft" 
includes  the  piloting  of  aircraft. 

XXII.  "Operation  of  aircraft,"  or  "operate  aircraft" 
means  the  use  of  aircraft,  for  the  purpose  of  air  navigation 
and  includes  the  navigation  of  aircraft.  Any  person  who 
causes  or  authorizes  the  operation  of  aircraft,  whether  with 
or  without  the  right  of  legal  control  (in  the  capacity  of  owner, 
lessee,  or  otherwise)  of  the  aircraft,  shall  be  deemed  to  be 
engaged  in  the  operation  of  aircraft  within  the  meaning  of 
this  act. 

XXIII.  "Person"  means  an  individual,  a  partnership,  or 
two  or  more  individuals  having  a  joint  or  common  interest,  or 
a  corporation. 

XXIV.  "Private  landing  area"  means  any  landing  area 
other  than  a  public  landing  area. 

XXV.  "Public  aircraft"  means  an  aircraft  used  ex- 
clusively in  the  service  of  any  government  or  of  any  political 
subdivision  thereof,  including  the  government  of  any  state, 
territory,  or  possession  of  the  United  States,  or  the  District 
of  Columbia,  but  not  including  any  government-owned  aircraft 
engaged  in  carrying  persons  or  property  for  commercial  pur- 
poses. 

XXVI.  "Public  landing  area"  means  a  landing  area 
owned,  occupied,  or  leased  by  the  federal  government,  the 
state,  counties,  or  towns.  In  the  case  of  landing  areas  on  the 
inland  waters,  ownership,  use,  or  lease  of  the  ramp  or  other 
beaching  and  terminal  facilities  will  be  considered  as  owner- 
ship, occupation,  or  lease  of  the  landing  as  a  private  area. 

XXVII.  "Resident"  means  a  person  who  has  resided  and 
made  his  home  not  less  than  six  months  next  prior  to  his 
application  for  registration  continuously  within  the  state. 

State  Aeronautics  Commission 

4.  Commission  Created.  The  governor,  with  the  advice 
and  consent  of  the  council,  shall  appoint  a  commission  of  five 
members  to  be  known  as  the  New  Hampshire  Aeronautics 
Commission,  not  more  than  three  of  whom  shall  be  members 
of  the  same  political  party.  He  shall  designate  one  member 
as  chairman.    Three  members  shall  be  responsible  citizens  of 


320  Chapter  199  [1941 

the  state  not  directly  connected  with  aviation  and  two  mem- 
bers shall  be  responsible  citizens  of  the  state  directly 
connected  with  aviation  either  as  private  or  commercial  pilots, 
airport  managers  or  members  of  municipal  airport  commis- 
sions. 

5.  Compensation.  All  the  commissioners  shall  serve  with- 
out salary,  but  they  may  be  reimbursed  for  expenses  incurred 
in  the  performance  of  their  duties. 

6.  Term.  The  first  commissioner  shall  be  appointed 
initially  for  five  years,  the  second  for  four  years,  the  third  for 
three  years,  the  fourth  for  two  years,  the  fifth  for  one  year, 
and  thereafter  as  their  terms  expi:-e  each  shall  be  appointed 
for  five  years.  Each  shall  hold  office  until  his  successor  shall 
be  appointed  and  qualified.  Vacancies  shall  be  filled  for  the 
unexpired  term. 

7.  Quorum.  A  majority  of  the  members  shall  constitute 
a  quorum  for  the  transaction  of  any  business,  for  the  per- 
formance of  any  duty,  or  for  the  exercise  of  any  power,  except 
that  in  any  action  upon  the  appointment  or  removal  of  the 
director,  a  majority  of  the  commission  must  act  affirmatively. 

8.  Powers  and  Duties.  The  commission  is  hereby 
authorized  in  the  name  of  the  state  to  engage  in  any  aero- 
nautical activity  essential  to  the  progress  of  aeronautics  in- 
cluding the  purchase  and  sale  of  equipment  and  supplies 
necessary  for  or  incidental  to  any  of  its  functions,  the  furnish- 
ing of  services  and  accommodations  in  connection  with  the 
maintenance  of  airports  or  airport  services,  the  operation  of 
aeronautical  schools,  the  rendering  of  essential  services  on  air- 
ports maintained  by  the  state  in  connection  with  the  state 
airways  system;  may  engage  in  such  activities  jointly  with 
the  United  States,  other  states,  and  with  political  sub- 
divisions or  other  agencies  of  the  state,  and  may  charge 
reasonable  fees  for  such  operations.  The  commission  is  em- 
powered to  perform  such  acts,  to  conduct  such  investigations, 
to  issue  and  amend  such  orders,  and  to  make  and  amend  such 
rules,  regulations,  and  procedure,  pursuant  to  and  not  in- 
consistent with  the  provisions  of  this  act  and  the  then  cur- 
rent federal  legislation  governing  aeronautics  and  the  regu- 
lations duly  promulgated  thereunder,  as  it  shall  deem 
necessary  to  carry  out  such  provisions  and  to  exercise  and 
perform  its  powers  and  duties  under  this  act.     In  administer- 


1941]  Chapter  199  321 

ing  this  act  the  commission,  or  the  director,  when  authorized 
by  the  commission,  shall  have  the  power  to  conduct  hearings, 
subpoena  and  examine  under  oath  airmen,  aircraft  and  land- 
ing area  owners  and  operators,  their  books,  records,  docu- 
ments, correspondence  and  accounts  and  any  other  person  it 
deems  necessarj^  to  carry  out  the  purpose  and  intent  of  this 
act.  The  commission  shall  for  such  time  and  over  such  areas, 
as  may  be  directed  by  the  governor  and  council,  suspend  the 
right  of  all  airmen,  subject  to  the  jurisdiction  of  said  commis- 
sion, to  operate. 

Director  of  Aeronautics 

9.  Director.  A  director  of  aeronautics  shall  be  appointed 
by  the  commission,  who  shall  serve  for  an  indefinite  term,  at 
the  pleasure  of  the  commission.  Said  director  shall  be 
appointed  with  due  regard  to  his  fitness,  by  aeronautical  edu- 
cation, by  knowledge  of  and  recent  practical  experience  in 
aeronautics,  for  the  efficient  dispatch  of  the  powers  and  duties 
vested  in  and  imposed  upon  him  by  this  act. 

10.  Compensation.  The  director  shall  receive  such  com- 
pensation as  the  commission  may  determine,  subject  to  the 
approval  of  the  governor  and  council,  and  shall  be  reimbursed 
for  all  traveling  and  other  expenses  incurred  by  him  in  the 
discharge  of  his  official  duties. 

11.  Powers  and  Duties  of  Director.  The  director  shall  be 
the  executive  officer  of  the  commission,  and  under  the  super- 
vision of  the  commission,  shall  administer  the  provisions  of 
this  act  and  all  the  laws  of  the  state  relative  to  aeronautics. 
The  director,  with  the  approval  of  the  commission,  and  within 
the  limits  of  the  appropriation,  may  hire  field  and  office  assist- 
ants necessary  for  the  proper  execution  of  his  duties.  The 
director  shall  exercise  general  supervision,  control,  and 
direction  on  behalf  of  the  state,  over  all  matters  pertaining  to 
the  location,  construction,  and  maintenance  of  all  air  naviga- 
tion 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  acquire  land,  easements,  and  rights  of  way  for 
the  establishment  of  air  navigation  facilities.  Such  land, 
easements,  and  rights  of  way  may  be  acquired  by  purchase, 
grant  or  condemnation  in  the  manner  provided  by  law  by 


322  Chapter  199  [1941 

which  the  governor  and  council  are  authorized  to  acquire  real 
property  for  public  purposes,  and  property  so  acquired  may 
be  conveyed  to  a  town  for  use  in  connection  with  the  establish- 
ment of  air  navigation  facilities  for  such  a  consideration  as 
the  governor  and  council  may  determine. 

State  Airways  System 

12.  State  Airways  System.  The  commission  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  supple- 
mentary to  the  federal  airways  system  and  such  parts  of  it 
as  are  provided  and  maintained  by  the  civil  aeronautics 
authority  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  commission. 

13.  Public  Ownership.  The  state  and  the  towns  are  here- 
by authorized  to  acquire,  construct,  maintain,  and  operate, 
any  air  navigation  facility,  and  may  do  so  jointly  with  the 
United  States,  other  states,  or  with  each  other. 

14.  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,  super- 
intendence, or  management  of  any  air  navigation  facility. 

15.  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. 

16.  Use  of  Air  Navigation  Facilities.  There  shall  be  no 
exclusive  right  for  the  use  of  any  landing  area  or  air  navi- 
gation facility  upon  which  state  or  federal  funds  have  been 
expended.  Provided,  that  the  state  or  a  town  acquiring  air 
navigation   facilities   under   the   provisions    of   this    act,    is 


1941]  Chapter  199  323 

authorized  to  contract  for  or  lease  to  any  person  the  use  of 
the  facilities,  and  may  estabhsh  reasonable  rent  or  fees 
therefor. 

State  Registration  Certificates 

17.  State  Registration  Certificates.  The  commission  is 
empowered  to  issue  registration  certificates  for  airmen,  air- 
craft, landing  areas,  and  air  carriers  and  establish  the  re- 
quirements for  and  the  terms,  conditions  and  limitations  of 
such  certificates. 

18.  Aircraft  Title  Transfer.  On  the  date  of  transfer  of 
title  of  an  aircraft  registered  with  the  commission,  the  owner 
in  writing  shall  report  the  transaction  to  the  commission,  and 
shall  surrender  the  registration  certificate  for  said  aircraft, 
properly  executed  as  to  transfer  of  title,  to  the  purchaser.  The 
purchaser  may  operate  such  aircraft  in  conformity  with  the 
terms  of  this  certificate  pending  issuance  of  a  registration 
certificate  provided  that  on  the  date  of  transfer  of  title  the 
proper  application  form  shall  have  been  either  mailed  to  the 
commission  or  delivered  to  its  representative. 

19.  Application  for  Registration  Certificates.  An  applica- 
tion for  a  registration  certificate  shall  be  made  on  a  form 
supplied  by  the  commission  for  that  purpose,  and  shall  be 
accompanied  by  the  prescribed  fee  if  any  is  required  by  law. 

20.  Effective  Date  of  Certificates.  A  state  registration 
certificate  shall  not  be  effective  until  in  actual  possession  of 
the  applicant. 

21.  Duration  of  Certificates.  A  state  registration  certifi- 
cate shall  remain  in  force  until  the  first  day  of  April  next 
following  the  date  of  its  issue,  or  until  sooner  suspended,  re- 
voked, or  cancelled. 

22.  Non-Transferability  of  Certificates.  A  state  registra- 
tion certificate  shall  not  be  transferable,  except  as  provided  in 
section  18. 

23.  Suspension  or  Revocation.  A  state  registration  certifi- 
cate may  be  suspended  or  revoked  if  the  holder  thereof : 

I.  Makes   any   false    statement    in    an   application   for 
a  certificate  or  in  any  report  required  by  the  commission. 

II.  Is  convicted  of  a  violation  of  federal  law  or  rules  or 
regulations  relating  to  civil  aeronautics. 


324  Chapter  199  [1941 

III.  Is  in  unsound  physical  or  mental  condition,  in  the 
case  of  a  pilot. 

IV.  Violates  any  provision  of  this  act  or  any  rule  or 
regulation  duly  issued  hereunder. 

24.  Surrender  of  Certificates.  Upon  notice  from  a  duly 
authorized  representative  of  the  commission  of  the  suspension 
or  revocation  of  a  state  registration  certificate,  the  holder 
thereof  shall  immediately  surrender  the  same.  A  certificate 
not  so  surrendered  shall  be  deemed  cancelled  and  of  no  further 
force  or  effect. 

25.  Exceptions.  No  provision  of  this  act  relating  to 
registration  by  the  commission  shall  be  so  construed  as  to  re- 
quire : 

I.  The  registration  of  airmen  acting  as  such  in  the 
authorized  performance  of  their  duties  with  any  branch  of 
the  military  forces  of  the  United  States  or  with  scheduled  air 
carriers  engaged  in  interstate  commerce. 

II.  The  registration  of  nonresident  airmen,  aircraft,  or 
air  carriers  engaged  exclusively  in  air  commerce  constituting 
an  act  of  interstate  or  foreign  commerce. 

III.  The  registration  of  any  landing  area  owned  or 
operated  by  the  government  of  the  United  States. 

Prohibitions  and  Penalties 

26.  Prohibitions.     It  shall  be  unlawful : 

I.  For  any  person  to  operate  or  authorize  the  operation 
of  any  civil  aircraft  which  is  not  possessed  of  a  valid  identifi- 
cation mark  assigned  or  approved  therefor  by  the  authority, 
or  if  owned  by  a  resident  of  the  state,  is  not  also  possessed  of 
a  currently  effective  airworthiness  or  experimental  certificate 
and  a  state  registration  certificate. 

II.  For  any  person  to  operate  or  authorize  the  operation 
of  any  civil  aircraft  in  air  commerce  within  the  state  which  is 
not  possessed  of  a  currently  effective  airworthiness  certificate 
and  a  state  registration  certificate. 

III.  For  any  person  to  serve  in  any  capacity  as  an  air- 
man in  connection  with  any  civil  aircraft  without  an  airman 
certificate  issued  by  the  authority  authorizing  him  to  serve  in 
such  capacity,  and  if  a  resident,  or  a  nonresident  engaged  in 
air  commerce  within  the  state,  unless  possessed  of  such  cer- 


1941]  Chapter  199  325 

tificate  issued  by  the  authority  and  an  appropriate  state 
registration  certificate.  Provided,  however,  that  such  state 
registration  certificate  shall  not  be  required  of  a  person  re- 
ceiving a  demonstration  flight  or  dual  flying  instruction 
carried  out  in  accordance  with  the  civil  air  regulations. 

IV.  For  any  person  to  employ  for  service  in  connection 
with  any  civil  aircraft  an  airman  who  does  not  have  the  cer- 
tificates required  by  III  above,  authorizing  him  to  serve  in  the 
capacity  for  which  he  is  employed. 

V.  For  any  person  to  operate  as  an  air  carrier  without 
an  air  carrier  registration  certificate. 

VI.  For  any  person  to  designate  any  area  of  land  or  of 
the  inland  waters  as  a  landing  area  by  markings,  the  display 
of  a  wind  direction  indicator,  or  otherwise,  or  operate  or  per- 
mit operation  of  aircraft  on  or  from  any  area  for  compensa- 
tion or  hire,  unless  such  area  is  registered  with  the  commis- 
sion. For  the  purpose  of  this  section,  an  area  used  either  as 
the  point  of  departure  or  as  the  destination  of  an  aircraft 
operation,  but  not  as  both,  shall  not  be  considered  a  landing 
area. 

VII.  For  any  person  to  operate  or  authorize  the  opera- 
tion of  aircraft  in  violation  of  any  other  rule  or  regulation,  or 
in  violation  of  the  terms  of  any  certificate,  issued  under  the 
authority  of  this  act. 

VIII.  For  any  person  to  operate  or  authorize  the  opera- 
tion of  aircraft  for  compensation  or  hire  from  any  of  the 
public  inland  waters  or  ice  areas  of  the  state  unless  each  such 
area  is  registered  with  the  commission.  Applications  for  such 
registration  shall  contain  such  details  with  respect  to  the 
areas  from  which  flights  are  to  be  made  as  the  commission 
may  from  time  to  time  require. 

27.  Penalties.  Violation  of  any  provision  of  this  act  or 
rules  and  regulations  made  hereunder  shall  be  punishable  as 
follows : 

I.  Any  person  who  violates  any  provisions  of  this  act 
pertaining  to  registration  or  the  air  traffic  rules,  or  who 
violates  any  provisions  of  an  order,  rule  or  regulation  made 
hereunder,  or  fails  to  answer  a  subpoena  or  to  testify  before 
the  commission,  shall  be  fined  not  exceeding  five  hundred 
dollars  or  imprisoned  for  not  more  than  six  months,  or  both. 

II.  Any   person   who   fraudulently  forges,  counterfeits, 


326  Chapter  199  [1941 

alters,  or  falsely  makes  any  certificate  authorized  under  this 
act,  or  any  person  who  knowingly  uses  or  attempts  to  use  any 
such  fraudulent  certificate,  shall  be  fined  not  exceeding  one 
thousand  dollars  or  be  imprisoned  for  not  more  than  three 
years,  or  both. 

III.  Any  person  who  displays  any  false  light,  signal,  or 
air  marking,  or  who  moves,  defaces,  obstructs,  or  otherwise 
interferes  with  the  use  of  any  airport  or  airway  light  or  mark- 
ing, any  air  navigation  facility,  or  any  device  or  equipment 
used  in  connection  with  air  navigation,  shall  be  fined  not  ex- 
ceeding five  thousand  dollars  or  imprisoned  for  not  more  than 
five  years,  or  both. 

28.  Disposition  of  Fines.  The  court  imposing  any  penalty 
authorized  by  this  act,  within  five  days  of  the  receipt  of  such 
fine,  shall  forward  the  same  to  the  commission  with  an 
abstract  of  the  record  of  any  conviction  of  a  violation  of  any 
provision  of  this  act. 

Revenue 

29.  Fees.  The  commission  is  hereby  authorized  to  collect 
the  following  fees  for  the  issuance  of  registration  certificates : 

I.  For  each  resident  airman,  three  dollars. 

II.  For  each  nonresident  airman,  five  dollars. 

III.  For  each  aircraft,  other  than  an  unpowered  glider, 
owned  by  a  resident,  ten  dollars. 

IV.  For  each  aircraft  owned  by  a  nonresident,  fifteen 
dollars. 

V.  For  each  unpowered  glider  owned  by  a  resident,  three 
dollars. 

VI.  For  each  private  landing  area,  ten  dollars. 

VIL  For  each  transfer  of  an  aircraft  registration  cer- 
tificate from  an  aircraft  sold  or  destroyed  to  another  aircraft 
owned  by  the  same  person,  two  dollars. 

VIII.  For  each  registration  certificate  issued  during  the 
period  beginning  with  December  first  and  ending  with  March 
thirty-first,  one-third  of  the  above  fees. 

30.  Exceptions.  No  provision  of  the  preceding  section 
shall  be  so  construed  as  to  require: 

I.  More  than  one  fee  from  an  airman  possessed  of  more 
than  one  type  of  certificate  of  competency  issued  by  the 
authority,  provided,  however,  that  such  an  airman  shall  file 


1941]  Chapter  199  327 

an  application  including  the  pertinent  information  for  each 
type  of  certificate  issued  by  the  authority  under  which  the 
applicant  proposes  to  act  as  an  airman. 

II.  An  additional  fee  for  the  change  of  rating  of  an  air- 
man registered  with  the  commission. 

III.  A  fee  for  the  registration  of  a  public  landing  area. 

IV.  An  additional  fee  for  the  registration  of  more  than 
one  private  landing  area  by  the  same  person. 

V.  A  fee  for  the  registration  of  an  aircraft  owned  by  a 
nonresident  engaged  in  air  commerce  within  the  state,  when 
waiver  of  such  fee  is  requested  in  writing  by  a  commercial  air- 
craft operator  operating  in  the  state.  Such  request  shall 
state  specific  dates,  location  and  justification  for  the  waiver, 
and  the  duration  of  the  period  for  which  such  waiver  is 
granted  shall  not  exceed  two  days. 

31.  Disposition  of  Revenue.  All  fees,  fines  or  other  income 
received  under  the  provisions  of  this  act  shall  be  paid  by  the 
commission  to  the  state  treasurer  and  be  credited  to  the  aero- 
nautical fund. 

32.  Aeronautical  Fund.  There  is  hereby  established  in 
the  state  treasury  a  fund  to  be  known  as  the  aeronautical 
fund.  All  fees  and  fines  or  other  income  received  by  the  com- 
mission under  the  provisions  hereof;  any  funds  received  from 
the  state  treasurer  as  unrefunded  tolls  under  the  provisions 
of  an  act  passed  at  the  present  session  entitled  "An  Act  re- 
lating to  income  from  motor  vehicle  road  tolls;"  any  un- 
expended balance  of  appropriation  made  available  for  the 
public  service  commission  in  the  exercise  of  its  duties  under 
chapter  182  of  the  Laws  of  1929;  any  unexpended  balance  of 
appropriation  made  available  to  the  office  of  the  director  of 
aeronautics  created  by  chapter  224  of  the  Laws  of  1939 ;  and 
moneys  herein  or  hereafter  appropriated  to  carry  out  the 
provisions  hereof  shall  be  kept  by  the  state  treasurer  in  said 
aeronautical  fund  to  be  paid  out  by  him  upon  warrants  drawn 
by  the  governor  with  the  advice  and  consent  of  the  council 
for  the  purpose  of  this  act. 

33.  Appropriation.  If  during  either  of  the  fiscal  years 
ending  June  30,  1942,  or  June  30,  1943,  the  proceeds  of  the 
aeronautical  fund  shall  amount  to  less  than  eight  thousand 
five  hundred  dollars  a  sum  equal  to  said  deficit,  but  in  no  event 
to  exceed  eight  thousand  five  hundred  dollars  a  year,  is  here- 


328  Chapter  199  [1941 

by  appropriated  for  the  purposes  hereof  and  the  governor  is 
hereby  authorized  to  draw  his  warrant  for  said  sum  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

Procedure  for  Appeal 

34.  Appeal.  Any  person  whose  registration  certificate 
has  been  suspended  or  revoked,  or  who  has  been  denied  such 
a  certificate,  by  the  commission,  shall  have  the  right  to  file  a 
petition,  within  thirty  days  thereafter,  for  a  hearing  in  the 
matter  in  the  superior  court  in  the  county  wherein  such  per- 
son resides  and  such  court  is  hereby  vested  with  jurisdiction 
and  it  shall  be  its  duty  to  set  the  matter  for  hearing  upon 
fourteen  days'  notice  to  the  commission  and  the  petitioner  and 
thereupon  to  take  testimony  and  examine  into  the  facts  of  the 
case  and  to  determine  whether  the  petitioner  is  entitled  to  a 
certificate  or  is  subject  to  suspension  or  revocation  of  certifi- 
cate under  the  provisions  of  this  act. 

Miscellaneous 

35.  Records  Transferred  to  Commission.  All  files  and 
records  of  the  public  service  commission  which  relate  solely 
to  aeronautics,  and  all  files  and  records  of  the  office  of  the 
director  of  aeronautics  shall  be  transferred  and  delivered  to 
the  commission. 

36.  Hazards  to  Air  Navigation.  The  commission  shall,  by 
rules  and  regulations,  or  by  order  where  necessary,  require 
all  persons  to  give  adequate  public  notice,  in  the  form  and 
manner  prescribed  by  the  commission,  of  the  construction  or 
alteration,  or  the  proposed  construction  or  alteration,  of  any 
structure  where  such  notice  will  promote  safety  in  air  navi- 
gation. 

37.  Effect  on  Existing  Certificates.  Registration  cer- 
tificates heretofore  issued  under  the  authority  of  chapter  86 
of  the  Laws  of  1931  now  in  force  shall  continue  in  force  until 
April  1,  1942  unless  sooner  suspended,  revoked,  or  cancelled. 

38.  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. 

39.  Repeal.  Chapter  182,  Laws  of  1929,  as  amended  by 
chapter  60,  Laws  of  1931,  and  section  4,  chapter  115,  Laws  of 


1941]  Chapter  200  329 

1935,  relative  to  the  regulation  of  aviation  in  the  state,  and 
chapter  36,  Laws  of  1931,  as  amended  by  chapter  100,  Laws 
of  1933,  (chapter  297,  commissioners'  report)  relative  to 
registration  of  aircraft,  airmen  and  airports,  and  chapter  224, 
Laws  of  1939,  (chapter  6,  commissioners'  report)  relating  to 
the  development  of  aeronautical  facilities  are  hereby  repealed. 
The  repeal  of  the  foregoing  chapters  and  parts  of  chapters 
shall  in  no  case  affect  any  eminent  domain  proceeding  had  or 
commenced  in  any  case  before  the  time  when  the  repeal  shall 
take  elf  ect,  and  any  such  proceeding  may  be  prosecuted  to  its 
conclusion  by  any  of  the  parties  to  such  proceeding  in  accord- 
ance with  the  provisions  of  the  chapters  or  parts  of  chapters 
hereby  repealed. 

40.  Definition.  Amend  paragraph  IV  of  section  1  of 
chapter  145  of  the  Laws  of  1941  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following :  IV.  "Director" 
means  the  New  Hampshire  aeronautics  commission  created 
by  an  act  passed  at  the  1941  session  of  the  legislature. 
All  powers  and  duties  conferred  by  this  chapter  upon  the  state 
director  of  aeronautics  shall  be  transferred  to  the  aeronautics 
commission  created  by  said  act. 

41.  Takes  Effect.  This  act  shall  take  effect  fifteen  days 
after  the  date  of  passage. 

[Approved  June  13,  1941.] 


CHAPTER  200. 


AN  ACT  PROVIDING  FOR  REGISTRATION  PLATES  FOR  CERTAIN 

VEHICLES. 

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

1.  American  Legion.  The  commissioner  of  motor  vehicles 
is  hereby  authorized  to  issue  registration  number  plates  to  the 
New  Hampshire  State  Voitures  of  La  Societe  Des  40  Hommes 
et  8  Chevaux  for  use  on  their  motorized  locomotives. 

2.  Fees  for  Number  Plates.  For  each  set  of  plates  so 
issued  the  commissioner  shall  charge  a  fee  of  five  dollars. 

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

[Approved  June  13,  1941.] 


330  Chapters  201,  202  [1941 

CHAPTER  201. 

AN    ACT    RELATING    TO    REGULATIONS    FOR    CERTAIN    SEWERAGE 

SYSTEMS. 

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

1.  Powers  of  Mayor  and  Aldermen.  Amend  chapter  95  of 
the  PubHc  Laws  by  adding  after  section  4  (section  4,  chapter 
111,  commissioners'  report)  the  following  new  section: 
4-a.  By-Laws  and  Ordinances.  In  cities  where  the  sewage 
is  pumped  or  treated  the  mayor  and  aldermen  may  adopt  such 
ordinances  and  by-laws  relating  to  the  system,  pumping 
station,  treatment  plant  or  other  appurtenant  structure  as  are 
required  for  proper  maintenance  and  operation.  Any  person 
wilfully  violating  such  ordinances  or  by-laws  shall  be  fined 
not  more  than  ten  dollars  for  each  day  of  violation  after 
written  notice  to  desist  has  been  given. 

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

[Approved  June  13,  1941.] 


CHAPTER  202. 


AN  ACT  RELATIVE  TO  GUARANTY  AGREEMENTS  PROVIDED  IN  CASE 
OF  THE  SALE  OF  LIGHTNING  RODS. 

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

1.  The  Sale  of  Lightning  Rods.  Amend  section  2  of 
chapter  160  of  the  Public  Laws  (section  2,  chapter  187,  com- 
missioners' report)  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  2.  Prerequisites.  No  such 
license  shall  be  issued  until  the  insurance  commissioner  has 
approved  of  the  material  made  by  such  manufacturer  for  the 
purpose  of  protecting  from  lightning,  and  the  manner  and 
system  of  installing  such  material,  nor  until  the  applicant  has 
filed  a  bond  with  the  commissioner  in  the  sum  of  five  thou- 
sand dollars,  with  security  satisfactory  to  him,  to  cover  the 
guaranty  agreement  referred  to  in  the  following  section,  to- 
gether with  a  written  stipulation  that  legal  process  affecting 


1941]  Chapter  203  331 

such  applicant  or  his  agent,  served  upon  the  commissioner  for 
the  time  being,  shall  have  the  same  effect  as  if  personally 
served  upon  such  applicant  or  his  agent  within  the  state. 

2.  Requirements  of  Agreement.  Amend  section  3,  chapter 
160  (section  3,  chapter  187,  commissioners'  report)  by  strik- 
ing out  the  whole  of  said  section  and  inserting  in  place  thereof 
the  following:  3.  Guaranty.  When  the  commissioner  is 
satisfied  that  the  manufacturer  has  complied  with  such  re- 
quirements and  is  safe  and  reliable  as  to  assets,  business 
standing  and  methods,  and  is  entitled  to  confidence,  he  shall 
require  to  be  filed  with  him  a  copy  of  the  guaranty  agreement 
issued  by  such  manufacturer,  which  agreement  must  provide 
that,  in  the  event  of  damage  by  lightning  to  property  rodded 
by  said  manufacturer  or  his  agent  the  owner  thereof  shall  be 
reimbursed,  by  said  manufacturer,  for  said  loss  in  an  amount 
not  to  exceed  twice  the  cost  of  installation  of  said  rodding. 
The  form  of  such  guaranty  agreement  shall  be  approved  by 
the  commissioner  before  the  issuance  thereof.  Nothing  in 
this  act  shall  be  construed  as  taking  away  a  property  owner's 
right  to  recover  damages  for  negligent  installation  of  said 
rodding. 

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

[Approved  June  13,  1941.] 


CHAPTER  203. 


AN  ACT  RELATING  TO  THE  SALARY  OF  THE  DEPUTY  INSURANCE 

COMMISSIONER. 

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

1.  Deputy  Insurance  Commissioner.  Amend  section  7  of 
chapter  271  of  the  Public  Laws,  as  amended  by  chapter  165 
of  the  Laws  of  1929  and  chapter  137  of  the  Laws  of  1931,  by 
striking  out  the  words  "eighteen  hundred"  in  the  third  line 
and  inserting  in  place  thereof  the  words,  twenty-two  hundred, 
so  that  said  section  as  amended  shall  read  as  follows: 
7.  Compensation.  The  annual  salary  of  the  commissioner 
shall  be  five  thousand  dollars,  and  of  the  deputy  commissioner 


332  Chapter  204  [1941 

twenty-two  hundred  dollars,  and  shall  be  full  compensation 
for  their  services.  A  temporary  commissioner  shall  be  paid 
five  dollars  a  day  for  the  time  actually  spent  in  the  discharge 
of  his  duties;  and  the  governor  and  council  shall  audit  and 
allow  his  account  therefor. 

2.    Takes  Effect.     This  act  shall  take  effect  July  1,  1941. 

[Approved  June  13,  1941.] 


CHAPTER  204. 

AN  ACT  RELATING  TO  INCOME  FROM  MOTOR  VEHICLE  ROAD  TOLLS. 

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

1.  Retail  Dealer  Record.  Amend  section  2  of  chapter 
104  of  the  Public  Laws  (chapter  120,  commissioners'  report) 
by  inserting  at  the  end  the  following:  Every  retail  dealer 
who  sells  and  delivers  any  such  fuel  directly  into  the  fuel 
tanks,  or  supplementary  fuel  tanks,  of  boats  or  outboard 
motors  upon  the  inland  public  waters  for  use  in  such  boats 
or  outboard  motors,  or  into  the  fuel  tanks  of  aircraft,  shall 
keep  such  record  of  such  sales  as  the  state  treasurer  may  pre- 
scribe, so  that  said  section  as  amended  shall  read  as  follows: 
2.  Records.  Every  distributor  shall  keep  such  record  of  im- 
portations and  sales  of  fuels  as  the  commissioner  may  pre- 
scribe. Such  records  shall  be  preserved  by  the  distributor  for 
two  years,  and  shall  be  offered  for  inspection  upon  verbal  or 
written  demand  of  the  commissioner  or  his  inspector.  Every 
retail  dealer  who  sells  and  delivers  any  such  fuel  directly  into 
the  fuel  tanks,  or  supplementary  fuel  tanks,  of  boats  or  out- 
board motors  upon  the  inland  public  waters  for  use  in  such 
boats  or  outboard  motors,  or  into  the  fuel  tanks  of  aircraft, 
shall  keep  such  record  of  such  sales  as  the  state  treasurer  may 
prescribe. 

2.  Reports  by  Retail  Dealer.  Amend  said  chapter  104  by 
adding  after  section  3  the  following  new  section:  3-a.  Re- 
ports by  Retail  Dealer.  Every  retail  dealer  in  this  state  keep- 
ing a  record  of  sales  as  prescribed  by  the  state  treasurer 
under  section  2  hereof  shall,  on  or  before  the  fifteenth  day 
of  each  month,  render  a  separate  report  to  the  state  treasurer 


1941]  Chapter  204  333 

on  forms  to  be  furnished  by  his  department  stating  the  num- 
ber of  gallons  of  such  fuel  sold  and  delivered  by  him  during 
the  preceding  month  directly  into  the  fuel  tanks,  or  supple- 
mentary fuel  tanks,  of  boats  or  outboard  motors  upon  the  in- 
land public  waters  for  use  in  such  boats  or  outboard  motors, 
and  into  the  fuel  tanks  of  aircraft,  and  such  other  information 
as  the  state  treasurer  shall  prescribe. 

3.  Fuels  for  Other  Uses.  Amend  section  7,  chapter  104 
of  the  Public  Laws  as  amended  by  section  8,  chapter  73,  Laws 
of  1935,  by  inserting  after  the  word  "purposes"  in  the  ninth 
line  the  words,  and  said  road  toll  has  actually  been  paid,  so 
that  said  section  as  amended  shall  read  as  follows :  7.  Fuels 
for  Other  Uses.  Whenever  any  person  shall  purchase  any 
such  fuels  for  any  purpose  other  than  for  the  propulsion  of 
motor  vehicles  upon  highways  he  may,  within  ninety  days 
after  date  of  such  purchase,  present  to  the  state  treasurer, 
on  blanks  furnished  by  him,  a  statement  under  oath  as  to  the 
number  of  gallons  used  for  such  other  purposes  and  the  name 
of  the  person  from  whom  purchased.  The  state  treasurer, 
upon  satisfying  himself  that  said  fuel  was  actually  used  for 
such  other  purposes,  and  said  road  toll  has  actually  been  paid, 
shall  refund  the  road  toll  to  said  purchaser. 

4.  Disposal  of  Revenue.  Amend  said  chapter  104  by  add- 
ing after  section  11  the  following  new  section:  11-a.  Ex- 
ception. Annually  on  or  before  June  one  the  state  treasurer 
shall  compare  the  number  of  gallons  on  which  refunds  have 
been  made  for  the  preceding  calendar  year  for  fuel  used  in 
the  propulsion  of  boats  on  inland  public  waters  of  the  state, 
and  for  the  propulsion  of  aircraft,  with  the  number  of  gallons 
of  such  fuel  sold  and  delivered  directly  into  the  fuel  tanks,  or 
supplementary  fuel  tanks,  of  boats  or  outboard  motors  upon 
the  inland  public  waters  for  use  in  such  boats  or  outboard 
motors,  and  into  the  fuel  tanks  of  aircraft,  as  reported  to  him, 
and  if  there  be  any  balance  of  unrefunded  tolls  so  collected, 
the  state  treasurer  shall,  on  July  one,  next  following,  credit 
such  balances  respectively  to  the  public  service  commission  or 
such  other  commission  as  may  exercise  jurisdiction  over  the 
navigation  of  power  boats  or  aircraft.  Funds  so  credited  shall 
be  used  for  the  promotion  of  the  safety  of  such  navigation 
and  any  balances  remaining  in  said  funds  at  the  end  of  each 
fiscal  year  shall  not  lapse. 


334  Chapter  205  [1941 

5.  Safety  of  Navigation.  Amend  section  6  of  chapter  160 
of  the  Laws  of  1941  by  inserting  after  the  word  "hereunder" 
the  words,  and  all  sums  received  from  the  state  treasurer  on 
account  of  the  unrefunded  motor  vehicle  road  tolls,  so  that 
said  section  as  amended  shall  read  as  follows:  6.  Dis- 
position of  Revenues.  All  fees  and  fines  collected  hereunder, 
and  all  sums  received  from  the  state  treasurer  on  account  of 
the  unrefunded  motor  vehicle  road  tolls,  shall  be  made  avail- 
able to  the  commission  for  the  promotion  of  the  safety  of 
navigation  and  the  administration  and  enforcement  of  this 
act. 

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

[Approved  June  13,  1941.] 


CHAPTER  205. 

AN  ACT  RELATIVE   TO  EMERGENCY  APPROPRIATIONS. 

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

1.  Authority  Conferred.  In  case  the  appropriations  for 
the  ensuing  biennium  for  the  state  prison,  the  industrial 
school,  the  Laconia  state  school,  the  state  hospital,  the  state 
sanatorium,  the  state  teachers  colleges,  the  university  of  New 
Hampshire  and  the  soldiers'  home  for  foodstuffs,  clothing, 
fuel  and  other  necessities  should  be  insufficient  for  the  needs 
of  said  institutions  because  of  an  increase  in  the  prices  of  said 
commodities  the  governor  and  council  are  hereby  authorized 
to  provide  for  such  necessities  for  said  institutions  in  an 
amount  not  to  exceed  two  hundred  and  fifty  thousand  dollars, 
and  the  governor  is  hereby  authorized  to  draw  his  warrants 
for  said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated.  The  sums  which  may  be  allowed  to  any  such 
institution  under  the  provisions  hereof  shall  be  in  addition  to 
appropriations  otherwise  made  for  said  institution. 

2.  Takes  Effect.      This  act  shall  take  effect  July  1,  1941. 
[Approved  June  13,  1941.] 


1941]  Chapter  206  335 

CHAPTER  206. 

AN  ACT  AUTHORIZING  APPLICATION  TO  THE  SUPERIOR  COURT  BY 
FIDUCIARIES  OR  BENEFICIARIES  OF  TRUST  FUNDS. 

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

1.  Funds.  Amend  chapter  317,  Public  Laws,  by  inserting 
after  section  3  (section  3,  chapter  361,  commissioners'  report) 
the  following  new  section :  3-a.  Deviation  from  Terms  of 
Trust.  In  all  cases  where  by  reason  of  a  change  of  circum- 
stances which  has  occurred,  shall  occur,  or  is  reasonably  fore- 
seeable, subsequent  to  the  creation,  heretofore  or  hereafter, 
of  a  trust  by  any  deed,  will  or  other  instrument,  compliance 
by  the  trustee  or  trustees  with  the  terms  of  the  trust  relating 
to  the  property  or  the  kinds  or  classes  of  property  which  may 
be  held  under  the  trust,  would  defeat  or  substantially  impair 
the  accomplishment  of  the  purposes  of  the  trust,  the  court 
may,  upon  the  filing  by  the  trustee  of  a  bill  in  equity  for  in- 
structions and  upon  notice  to  all  parties  in  interest,  enter  a 
decree  permitting  the  trustee  to  deviate  from  such  terms 
of  the  trust  and  directing  the  trustee,  if  necessary  to  carry 
out  the  purposes  of  the  trust,  to  sell  all  or  any  part  of  the 
property  held  under  the  trust  and  to  invest  the  proceeds  of 
such  sale  in  kinds  or  classes  of  property  which  are  lawful  in- 
vestments for  trustees  of  estates.  No  such  decree,  after  its 
entry,  shall  thereafter  operate  to  relieve  any  trustee  of  any 
duty  imposed  by  law  relating  to  the  investment  of  trust  funds 
and  the  exercise  of  reasonable  care  for  the  preservation  there- 
of. This  section  shall  not  be  construed  to  limit  or  restrict 
the  general  equitable  jurisdiction  of  the  court  over  trustees, 
trusts  or  trust  funds. 

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

[Approved  June  13,  1941.] 


336  Chapters  207,  208  [1941 

CHAPTER  207. 

AN  ACT  RELATING  TO  THE  SALE  OF  DRUGS. 

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

1.  Dealing  in  Drugs.  Amend  paragraph  II  of  section  43 
of  chapter  210  of  the  Public  Laws,  as  amended  by  section  5  of 
chapter  123,  Laws  of  1931,  by  striking  out  said  paragraph  and 
substituting  therefor  the  following:  11.  This  shall  not  pre- 
vent the  sale  of  aspirin,  whether  simple  or  in  mixtures,  nor 
that  of  compounds  of  acetanilid  or  acetphenetidin,  except 
compounds  of  these  with  derivatives  of  barbituric  acid,  and 
except  when  not  in  proper  dosages  and  with  adequate  caution- 
ary directions  for  using,  conforming  with  the  federal  food, 
drug  and  cosmetic  act,  or  when  not  so  conforming,  with 
directions  whose  adequacy  shall  be  subject  to  determination 
by  the  State  Board  of  Health ;  nor  shall  it  prevent  the  sale  of 
other  proprietary  medicines  except  those  other  so-called 
ethical  proprietary  medicines  of  potent  character  which  in 
their  complete  form  are  listed  by  whatever  name  in  any  one 
of  the  standard  compendiums  known  as  United  States 
Pharmacopoeia,  National  Formulary  and  New  and  Non- 
Official  Remedies,  in  their  latest  editions  and  supplements 
thereof,  and  except  any  compounds  or  mixtures  of  said  so- 
called  ethical  proprietary  medicines,  or  of  mixtures  or  com- 
pounds of  them  with  other  substances. 

2.  Takes  Effect.  This  act  shall  take  effect  on  October  1, 
1941. 

[Approved  June  13,  1941.] 


CHAPTER  208. 

AN  ACT  RELATING  TO  THE  SALE  AND  DELIVERY  OF  BEVERAGES. 

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

1.  State  Liquor  Commission.  Amend  section  12  of  chapter 
3  of  the  Laws  of  the  special  session  of  1934,  as  amended  by 
chapters  13  and  68  of  the  Laws  of  1935  (section  12,  chapter 
167,    commissioners'    report)    and    as    further    amended    by 


1941]  Chapter  209  337 

chapter  90,  Laws  of  1941,  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  12.  Rules  and 
Regulations.  Said  commission  shall  have  power  to  make  all 
necessary  and  proper  rules  and  regulations  for  carrying  out  the 
provisions  of  this  act,  and  such  rules  and  regulations  shall  have 
the  effect  of  law.  No  sale  of  liquor  or  beverages  shall  be  made 
on  Sundays  or  election  days  while  the  polls  are  open  except 
by  persons  holding  licenses  under  the  provisions  of  sections 
19,  21,  22  and  23,  provided  that  persons  holding  licenses  under 
the  provisions  of  section  19  when  making  sales  of  beverages 
on  Sundays  or  election  days  while  the  polls  are  open  shall 
sell  only  to  bona  fide  guests  with  meals  in  the  dining  room  or 
in  the  rooms  of  the  guests  and  except  that  a  wholesale  per- 
mittee may  sell  and  deliver  beverages  at  any  time  on  election 
days  for  resale  only.  Liquor  or  beverages  shall  not  be  sold 
in  any  establishment  where  booths  that  are  not  open  at  the 
end  or  that  are  more  than  forty-two  inches  high  are  used  for 
serving  patrons.  Costumers  may  be  erected  and  attached  to 
the  ends  of  booths.  Such  costumers  shall  be  of  such  design 
and  constructed  in  such  manner  as  approved  by  the  com- 
mission. 

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

[Approved  June  13,  1941.] 


CHAPTER  209. 

AN  ACT  RELATIVE  TO  THE  AUDIT  OF  MUNICIPAL  ACCOUNTS. 

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

1.  Municipal  Accounts.  Amend  chapter  68  of  the  Public 
Laws,  as  amended  by  chapter  165,  Laws  of  1933  and  chapter 
211,  Laws  of  1939  (chapter  82,  commissioners'  report)  by 
striking  out  sections  26,  27,  28  and  29  and  inserting  in  place 
thereof  the  following:  26.  Petition  for  Audit.  Any  town, 
school  district,  village  district  or  precinct,  at  the  annual  meet- 
ing or  special  meeting  legally  called  therefor,  the  selectmen 
of  any  town,  school  board  of  any  school  district  and  commis- 
sioners of  any  village  district  or  precinct,  may  petition  the 


338  Chapter  210  [1941 

commission  for  an  audit  of  the  accounts  of  their  respective 
unit  of  government  and  said  commission,  as  soon  as  possible 
after  the  receipt  of  such  petition,  shall  cause  such  audit  to  be 
made.  27.  Audit  on  Motion  of  Commission.  The  commis- 
sion may  cause  an  audit  to  be  made  of  the  accounts  of  any 
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.  The  commission  shall  cause  an  audit  to 
be  made  of  the  accounts  of  each  county  as  often  as  once  in 
two  years,  or  more  often  when  conditions  appear  to  warrant 
such  audit,  unless  an  audit  of  the  accounts  of  such  county  has 
been  made  during  said  period  by  a  certified  public  accountant 
in  a  manner  prescribed  by  the  tax  commission  and  said  certi- 
fied public  accountant's  complete  report  is  available  to  the 
public. 

2.  Division  of  Expenses.  Amend  section  32,  chapter  68, 
Public  Laws,  as  inserted  by  chapter  211,  Laws  of  1939  (sec- 
tion 30,  chapter  82,  commissioners'  report)  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 
32.  Expenses.  All  expenses  incurred  in  conducting  an  audit 
shall  be  paid  in  the  first  instance  from  the  appropriation  for 
the  commission,  but  each  county,  city,  town,  school  district, 
village  district  or  precinct  shall,  upon  notification  by  the  com- 
mission of  the  amount  due,  reimburse  it  for  all  such  expenses 
incurred  in  the  audit  including  one-half  of  the  salaries  of  mem- 
bers of  the  division  for  such  time  as  said  members  have  spent 
in  said  audit.  Said  reimbursement  shall  be  credited  to  the 
appropriation  for  the  commission. 

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

[Approved  June  13,  1941.] 


CHAPTER  210. 


AN  ACT  RELATIVE  TO  POWER  OF  TOWNS  TO   MAKE  BY-LAWS   OR 
ORDINANCES  LICENSING  HAWKERS  AND  PEDDLERS. 

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

1.     Hawkers  and  Peddlers.     Amend    chapter    157    of   the 
Public   Laws,   as   inserted   by   chapter    102,    Laws    of    1931 


1941]  Chapter  210  339 

(chapter  184,  commissioners'  report)  by  striking  out  sections 
3,  4,  6,  7,  10,  12,  14  and  16  and  inserting  in  place  thereof  the 
following  new  sections:  3.  Exceptions.  The  provisions  of 
this  chapter  relating  to  hawkers  and  peddlers  shall  not  apply 
to  wholesalers  or  jobbers  selling  to  dealers  only,  nor  to  com- 
mercial agents  or  other  persons  selling  by  sample,  lists,  or 
catalogues,  nor  to  any  person  selling  agricultural  implements, 
fruit  trees,  vines,  shrubs,  books,  newspapers,  pamphlets,  the 
products  of  his  own  labor  or  the  labor  of  his  family  and  the 
product  of  his  own  farm  or  the  one  he  tills,  the  manufacturers 
of  furniture  and  ladders  excepted.  4.  Applications.  The 
clerk  of  any  town  or  city  shall  grant  a  local  license  to  any  per- 
son who  files  in  his  office  a  certificate,  signed  by  the  mayor  of 
said  city,  a  majority  of  the  selectmen  of  said  town,  stating 
that,  to  their  best  knowledge  and  belief,  the  applicant  therein 
named  is  of  good  moral  character;  and  is,  or  has  declared  his 
intention  to  become,  a  citizen  of  the  United  States.  Such 
license  shall  not  be  granted  to  any  other  person.  6.  Local 
Licenses.  The  local  license  shall  include  a  synopsis  of  this 
chapter  and  the  name  of  the  city  or  town  within  which  said 
license  is  effective  and  shall  also  contain  such  other  in- 
formation as  said  clerk  may  deem  necessary.  An  applicant 
shall  take  out  a  separate  license  in  each  town  or  city  wherein 
he  desires  to  offer  or  expose  for  sale  goods,  wares  or  merchan- 
dise under  the  provisions  hereof,  except  when  he  has  secured 
a  state  license  as  provided  in  section  8  hereof.  7.  Fees. 
Every  person  licensed  under  the  provisions  relative  to  local 
licenses  shall  pay  to  the  clerk  of  the  city  or  town  granting 
such  license  the  following  sums  before  offering  or  exposing 
for  sale  any  goods,  wares  or  merchandise  therein :  For  every 
town  of  not  more  than  one  thousand  inhabitants,  according  to 
the  census  next  preceding  the  date  of  his  license,  five  dollars; 
for  a  town  of  more  than  one  thousand  and  less  than  two  thou- 
sand inhabitants,  eight  dollars;  for  a  town  of  more  than  two 
thousand  and  not  more  than  three  thousand  inhabitants,  ten 
dollars ;  and  for  every  thousand  inhabitants  in  excess  of  three 
thousand,  one  dollar.  The  clerk  shall  certify  on  the  face  of 
such  license  the  sum  so  paid  and  shall  forward  all  fees 
collected  hereunder  to  the  treasurer  of  said  city  or  town  which 
fees  shall  be  for  the  use  of  said  city  or  town.  10.  Record. 
The  secretary  of  state  and  the  clerks  of  cities  and  towns  shall 


340  Chapter  210  [1941 

keep  records  of  all  licenses  issued  by  them,  respectively,  with 
the  number  of  each,  the  names  and  residences  of  the  persons 
licensed  and  the  sums  received  therefor  and  all  such  records 
shall  be  open  for  public  inspection.  12.  Endorsing  License; 
Exhibiting  License;  Use  of  Badges.  Every  person  licensed  as 
a  hawker  or  peddler  shall  endorse  his  usual  signature  upon  his 
license.  When  his  license  is  demanded  of  him  by  a  mayor, 
selectman,  alderman,  city  or  town  clerk,  sheriff  or  his  deputy, 
any  constable  or  police  officer  or  the  person  to  whom  he  sells 
or  offers  or  exposes  for  sale  his  wares,  he  shall  forthwith  ex- 
hibit the  same,  and  if  he  neglect  or  refuse  so  to  do  he  shall 
be  liable  to  the  same  penalty  as  if  he  had  no  license.  The 
secretary  of  state  and  the  clerks  of  cities  and  towns  shall,  at 
the  expense  of  the  licensee,  provide  a  badge  for  each  peddler, 
and  such  badges  shall  bear  the  number  of  the  license,  the  word 
"peddler"  and  such  other  information  as  the  secretary  of  state 
or  said  clerk  may  deem  necessary.  Each  peddler  shall  wear 
his  badge  or  badges  in  a  conspicuous  place.  14.  Revocation 
of  Licenses.  Any  special  state  license  granted  by  the  secre- 
tary of  state  to  a  hawker  or  peddler  may  be  revoked  by  him 

(1)  upon  conviction  of  the  licensee  of  any  offense  which  in 
the  judgment  of  the  secretary  warrants  such  revocation,  or 

(2)  upon  the  submission  to  the  secretary  of  evidence  satis- 
factory to  him  that,  during  the  term  of  the  license,  and  acting 
under  cover  thereof,  the  licensee  has  accepted  or  solicited 
money  otherwise  than  through  a  bona  fide  sale  or  barter  of 
goods,  wares  or  merchandise,  or  has  in  any  manner  begged 
or  solicited  alms  from  the  public,  or  (3)  for  any  other 
sufficient  cause.  Whenever  any  person  is  convicted  of  a 
violation  of  any  provision  of  this  chapter,  relative  to  hawk- 
ers and  peddlers,  the  clerk  of  the  court  in  which  or  the  trial 
justice  by  whom,  such  person  was  convicted  shall  notify  the 
secretary  of  state  or  the  clerk  of  any  city  or  town  which  has 
granted  a  local  license  hereunder  to  said  person.  Any  local 
license  granted  by  the  clerk  of  any  city  or  town  may  be  re- 
voked by  said  clerk  for  like  causes  and  in  case  of  any  re- 
vocation of  a  state  license  by  the  secretary  of  state  all  local 
licenses  held  by  said  licensees  shall  be  revoked  by  said  clerks. 
16.  Assistance.  The  secretary  of  state  is  authorized  to  em- 
ploy such  assistance  and  to  incur  such  expense  for  the 
issuance  of  state  licenses  hereunder  as  the  governor  and  coun- 


1941]  Chapter  211  341 

cil  may  approve,  and  the  governor  is  authorized  to  draw  his 
warrant  therefor. 

2.  Application.  The  provisions  of  this  act  shall  not  affect 
the  validity  of  hawkers  and  peddlers  licenses  in  force  at  the 
time  this  act  takes  effect,  but  said  licenses,  unless  sooner  re- 
voked for  cause,  shall  remain  in  effect  until  the  expiration 
date  thereof. 

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

passage. 

[Approved  June  13,  1941.] 


CHAPTER  211. 


AN   ACT   MAKING  APPROPRIATIONS   FOR  THE   EXPENSES   OF   THE 

STATE   OF  NEW   HAMPSHIRE  FOR  THE  YEAR  ENDING 

JUNE  80,   1942. 

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,  1942, 
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  . .  .     $125,000 

Council  of  state  governments $250 

For  the  executive  department: 
Office  of  the  governor: 

Salary  of  governor   $5,000 

Salary  of  governor's  secretary  3,000 

Clerical  expenses 4,800 

Current  expenses  4,500 

Total $1'7,300 

Council  per  diem  and  expenses  6,500 

Contingent  fund    5,000 


342  Chapter  211  [1941 

Emergency  fund  for  protection  of  interests 

of  the  state $45,000 


Total  executive  department   $73,800 

For  judicial  branch: 
Supreme  court: 

Salaries     of     supreme     court 

justices $35,000 

Salary  of  clerk  of  court 2,000 

Salary  of  court  reporter  ....       1,800 

Other  clerical  expenses 1,650 

Current  expenses 3,800 

Printing     and     binding     New 

Hampshire  reports   3,500 

Total    $47,750 

Less  revenue 130 

Net  appropriation  $47,620 

Superior  court: 

Salaries     of     superior     court 

justices $42,000 

Other  personal  services 200 

Current  expenses 8,300 

Referees  and  masters 6,000 

Expenses     of     referees     and 

masters   1,000 

Total    57,500 

Probate  court: 

Salaries    of     probate     court 

justices    $17,600 

Salaries     of     registers     and 

deputies 20,300 

Total  37,900 


Total  judicial  branch   $143,020 


1941]  Chapter  211  343 

For  adjutant  general's  department: 
Office  of  adjutant  general: 

Salary  of  adjutant  general. .  .     $3,000* 

Clerical  expenses 3,600 

Current  expenses 1,200 

Total    $7,800 

National  guard : 

Salaries $25,000 

Current  expenses  —  national 

guard 8,125 

Current  expenses — state  guard       4,900 

Total 38,025 

Armories : 

Salaries   $16,540 

Current  expenses    19,050 

Total    35,590 

Rifle  ranges   960 

War  service  recognition 600 


Total  adjutant  general's  department.  .       $82,975 

For  department  of  agriculture: 
Office  of  commissioner : 

Salary  of  commissioner $3,500 

Salary     of     deputy     commis- 
sioner         2,750 

Clerical  expenses 4,290 

Current  expenses 1,558 

Total  $12,098 

Institutes  and  public  meetings 1,060 

Granite  State  Dairymens'  Association  ....  500 
New  Hampshire  Horticultural  Society  ....  1,000 
New    Hampshire    Sheep    Breeders'    Asso- 
ciation     250 

*The  above  appropriation  of  $3,000  for  the  adjutant  gen- 
eral's salary  shall  not  be  transferred  to  or  used  for  any 
other  state  function. 


344  Chapter  211  [1941 

Nursery  inspection  $1,000 

Feeding  stuffs  inspection 5,000 

Fertilizer  inspection  1,864 

Seed  inspection   1,057 

Insecticides  and  fungicides 200 

Apiary  law  300 

Insect  supression : 

Salary  of  deputy  commissioner     $1,600 

Salaries  of  clerks  and  assist- 
ants           8,450 

Current  expenses 2,500 

Total    12,550 

Dairy  inspection: 

Salary  of  inspector $2,750 

Current  expenses    1,105 

Total    3,855 

Licensing  milk  dealers 500 

Fair  exhibits   450 

Eastern  States  Exposition 1,500 

Egg  inspection 2,935 

Bureau  of  markets; 

Salaries   $3,237 

Current  expenses 775 

Total 4,012 

Crop  reporting  service 1,000 

Printing  and  mailing  bulletins 6,400 

Labeling  services 500 

Apple  grading  1,100 

Division  of  animal  industry: 
Office  of  veterinarian: 

Salary  of  state  veterinarian    $3,500 

Clerical  expenses 10,376 

Current  expenses    4,075 

Total    17,951 


1941]  Chapter  211  845 

Field  expenses: 

Salary  of  appraiser $2,500 

Tubercular  testing  50,000 

Other  testing  fees 2,850 

Current  expenses 3,000 

Total    58,350 

Testing  fees 15,000 


Total  department  of  agriculture $150,432 

For  attorney  general's  department: 

Salary  of  attorney  general  ....  $6,000 
Salary    of    assistant     attorney 

general    4,000 

Salary  of  chief  clerk  2,000 

Salary  of  research  clerk 2,000 

Salary  of  law  clerk    1,800 

Salary  of  chief  accountant  ....  1,500 

Clerical  expenses 4,800 

Current  expenses    3,800 

Fees  to  registers  of  probate ....  4,250 

Legacy  tax  expenses 1,100 

Total  attorney  general's  department.  .       $31,250 

For  comptroller's  department: 

Salary  of  comptroller $5,000 

Salary  of  assistant  comptroller  3,300 

Clerical  expenses   18,425 

Current  expenses  2,900 

Total  $29,625 

G.  A.  R 600 

Granite  State  Deaf  Mute  Mission 150 

Old  Home  Week  Association  300 

New  Hampshire  Historical  Society 500 

Military  organizations   200 

Firemen's  Relief  Association  4,000 


346  Chapter  211  [1941 

Prisoners'  Aid  Association $600 

New  Hampshire  Veterans'  Association  ....  1,500 

Total  comptroller's  department   $37,475 

For  forestry  and  recreation  department: 
Administration : 

Salary  of  state  forester   ....  $3,500 
Salary     of     assistant     state 

forester   2,500 

Clerical  expenses 8,150 

Current  expenses    4,585 

Total $18,735 

Nursery : 

Salaries   $5,000 

Current  expenses 2,440 

Total 7,440 

Reforestation : 

Salaries   $1,000 

Current  expenses  900 

Total    1,900 

District  fire  supervision: 

Salaries   $5,265 

Current  expenses    2,650 

Total    7,915 

Lookout  stations   12,280 

Prevention  of  fires: 

Salaries   $950 

Current  expenses    4,050 

Total 5,000 

Forest  fire  bills  to  towns 7,500 

White  pine  blister  rust  eradication: 

Salaries   $3,795 

Current  expenses    295 

Total    4,090 


1941]  Chapter  211  347 

Recreation : 

Salary  of  director $2,200 

Seasonal  personnel 21,790 

Clerical  expenses 850 

Current  expenses    13,160 

Total    $38,000 

Less  estimated  revenue  . .  .     18,548 

Net  appropriation  19,452 

Federal  emergency  project: 

Salaries   $1,500 

Current  expenses    3,500 

Total 5,000 


Total  forestry  and  recreation  depart- 
ment           $89,312 

For  insurance  department: 

Salary  of  commissioner $5,000 

Salary  of  deputy  commissioner  2,200 

Clerical  expenses 13,100 

Current   expenses 5,440 

Total  insurance  department  $25,740 

For  bureau  of  labor : 

Office  of  commissioner: 

Salary  of  commissioner $4,000 

Clerical  expenses 5,700 

Current  expenses 3,370 

Total  $13,070 

Minimum  wage  division: 

Salaries  of  investigators  ....     $6,000 

Clerical  expenses 2,000 

Current  expenses   3,950 

Total 11,950 


348  Chapter  211  [1941 

Factory  inspection: 

Salaries  of  inspectors $6,300 

Clerical  expenses 1,350 

Current  expenses 3,575 

Total    11,225 

•     National  employment  office 15,000 


Total  bureau  of  labor $51,245 

For  purchasing  agent: 

Salary  of  purchasing  agent  ....  $4,000 

Clerical  expenses 8,850 

Current  expenses 2,160 

Total  purchasing  agent  $15,010 

For  state  department: 
Office  of  secretary: 

Salary  of  secretary    $4,000 

Salary  of  deputy  secretary  . .  2,700 

Clerical  expenses 9,075 

Current  expenses 2,535 

Total  $18,310 

Indexing  state  papers 400 

State  and  provinical  records 3,740 

Direct  primary    450 

Australian  ballot 550 

Photostat  department : 

Salary  of  technician $1,950 

Current  expenses    625 

Total    2,575 

Total  state  department  $26,025 

For  department  of  buildings  and  grounds : 

Salary  of  superintendent $2,500 

Other  salaries    57,740 

Current  expenses  50,600 


1941]  Chapter  211  349 

Franklin  Pierce  homestead  main- 
tenance           $560 

Daniel  Webster  birthplace  main- 
tenance      500 

Total    department    of    buildings    and 

grounds  $111,900 

For  mailing  department: 

Clerical  expenses $2,330 

Current  expenses 450 

Total  mailing  department $2,780 

For  state  library : 

Salary  of  librarian $2,500 

Clerical  expenses 10,361 

Current  expenses 12,385 

Total  state  library  $25,246 

For  state  police: 

Salary  of  superintendent   $4,000 

Salary  of  deputy  superinten- 
dent     3,500 

Other  salaries    118,025 

Current  expenses 69,475 

Total    $195,000 

Less  revenue   175,000 

Net  appropriation $20,000 

Of  the  above  appropriation  the  sum  of  $175,000  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  $20,000  shall  be  a  charge  upon  the  general  funds  of  the 
treasury. 

For  treasury  department: 
Office  of  treasurer: 

Salary  of  treasurer $4,000 

Salary  of  deputy  treasurer  . .       2,700 


350  Chapter  211  [1941 

Clerical  expenses $12,500 

Current  expenses 6,035 

Total    $25,235 

Highway  expenses : 

Clerical  expenses $3,350 

Current  expenses    1,990 

Total    $5,340 

Less  highway  funds 5,340 

Net  appropriation 00 

Intangible  tax  division: 

Clerical  expenses $1,950 

Current  expenses 528 

Total    $2,478 

Less  revenue 2,478 

Net  appropriation 00 

Collection  of  gasoline  tax: 

Clerical  expenses $3,000 

Current  expenses  895 

Total    $3,895 

Less  revenue    3,895 

Net  appropriation  00 

Trust  fund  obligations 40,802 

Bounties    3,500 

Burial  of  soldiers  and  sailors 5,000 


Total  for  treasury  department $74,537 

For  department  of  weights  and  measures : 

Salary  of  commissioner $3,000 

Salaries  of  four  inspectors 8,000 

Clerical   expenses    1,940 

Current  expenses 6,935 

Total    department    of     weights     and 

measures $19,875 


1941]  Chapter  211  351 

For  University  of  New  Hampshire : 

Maintenance  chapter  180,  sec- 
tion 18 $552,478.47 

Extension      work      under      the 

Smith-Lever  act 36,000.00 

Total  University  of  New  Hampshire   .  .     $588,478.47 

Section  23,  chapter  180  of  the  Pubhc  Laws 
is  hereby  suspended  for  the  fiscal  year  ending 
June  30,  1942. 

For  industrial  school: 
Administration : 

Salary  of  superintendent  ....     $4,000 
Salary  of  assistant  superinten- 
dent           2,600 

Clerical  expenses 2,800 

Current  expenses 2,180 

Total  $11,580 

Instruction : 

Salaries   $5,080 

Current  expenses 900 

Total  5,980 

Custodial  care: 

Salaries   $21,150 

Current  expenses 17,270 

Total    38,420 

Auxiliary  to  custodial  care 590 

Operation  of  plant : 

Salaries   $1,710 

Current  expenses    15,050 

Total    16,760 

Maintenance  of  plant: 

Salaries   $3,180 

Current  expenses 1,550 

Total  4,730 


352  Chapter  211  [1941 

Agriculture : 

Salaries   $2,655 

Current  expenses 8,575 

Total    11,230 

Parole  office: 

Salaries   $1,010 

Current  expenses 1,300 

Total 2,310 

Total  industrial  school $91,600 

For  Laconia  state  school : 
Administration : 

Salary  of  superintendent $4,000 

Clerical  expenses 8,030 

Current  expenses 2,703 

Total    $14,733 

Professional  care  and  treatment: 

Salaries   $46,155 

Current  expenses 3,515 

Total 49,670 

Custodial  care: 

Salaries   $12,396 

Current  expenses 50,025 

Total    62,421 

Operation  of  plant: 

Salaries   $4,600 

Current  expenses 26,125 

Total  30,725 

Maintenance  of  plant: 

Salaries   $7,610 

Current  expenses 4,775 

Total    12,385 


1941]  Chapter  211  353 

Agriculture : 

Salaries   $21,521 

Current  expenses 19,367 


Total  $40,J 

Less  revenue 1,000 


Net  appropriation  39,888 


Total  Laconia  state  school $209,822 

For  New  Hampshire  state  hospital: 
Administration : 

Salary  of  superintendent  ....     $5,000 
Salary    of    assistant    superin- 
tendent         3,600 

Other  salaries 26,660 

Current  expenses 8,380 


Total    $43,640 

Professional  care  and  treatment: 

Salaries   $239,324 

Current  expenses 31,360 


Total  $270,684 

Less  revenue 350 


Net  appropriation 270,334 

Custodial  care: 

Salaries   $72,491 

Current  expenses 260,820 


Total $333,311 

Less  revenue   5,000 


Net  appropriation 328,311 


354  Chapter  211  [1941 

Operation  of  plant: 

Salaries   $27,374 

Current  expenses 90,648 

Total  $118,022 

Less  revenue 350 

Net  appropriation  117,672 

Maintenance  of  plant: 

Salaries   $49,000 

Current  expenses 12,000 

Total 61,000 

Agriculture : 

Salaries   $15,879 

Current  expenses 35,614 

Total  $51,493 

Less  revenue   1,500 

Net  appropriation  49,993 

New  medical  and  surgical  building: 

Salaries   $18,051 

Current  expenses 2,220 

Total  20,271 


Total  state  hospital $889,221 

For  soldiers'  home: 

Office  of  commandant: 

Salaries   $2,000 

Current  expenses 370 

Total  $2,370 

Custodial  care: 

Salaries   $5,200 

Current  expenses 8,100 

Total 13,300 


1941]  Chapter  211  355 

Professional  care  and  treatment: 

Salaries   $3,000 

Current  expenses 560 

Total  3,560 

Operation  of  plant: 

Salaries $1,455 

Current  expenses 4,540 

Total  5,995 

Maintenance  of  plant: 

Salaries   $    75 

Current  expenses 1,165 

Total  1,240 

Agriculture : 

Salaries   $1,055 

Current  expenses 488 

Total  1,535 

Total  soldiers'  home $28,000 

For  state  prison: 
Administration : 

Salary  of  warden $3,250 

Clerical  expenses 3,050 

Current  expenses 1,475 

Total  $7,775 

Instruction 2,000 

Custodial  care: 

Salaries   $40,760 

Current  expenses 46,875 

Total  97,635 

Auxiliary  to  custodial  care 8,650 


356       •  Chapter  211  [1941 

Operation  of  plant: 

Salaries   $2,982 

Current  expenses 5,850 

Total 8,832 

Maintenance  of  plant 3,000 

Prison  farm: 

Salaries   $1,955 

Current  expenses 8,545 

Total   $10,500 

Less  revenue 10,500 

Net  appropriation  00 

Parole  officer: 

Salaries   $4,740 

Current  expenses 3,910 

Total  8,650 

Prison  industries : 

Personal  services $41,400 

Current  expenses  66,060 

Total  requirements $107,460 

Less  estimated  revenue ....   107,460 

Net  appropriation 00 


Total  state  prison $126,540 

For  state  sanatorium: 
Administration : 

Salaries   $5,525 

Current  expenses  1,535 

Total  $7,060 

Professional  care  and  treatment : 

Salaries   $18,675 

Current  expenses  6,500 

Total  25,175 


1941]  Chapter  211  357 

Custodial  care: 

Salaries   $10,255 

Current  expenses 24,325 

Total  34,580 

Operation  of  plant : 

Salaries   $8,940 

Current  expenses 10,756 

Total 19,696 

Maintenance  of  plant: 

Salaries   $1,100 

Current  expenses 2,900 

Total    4,000 

Agriculture : 

Salaries   $3,050 

Current  expenses 2,300 

Total  5,350 


Total  state  sanatorium $95,861 

For  milk  control  board : 

Salaries   $8,269 

Current  expenses 4,606 

Total  milk  control  board $12,875 

For  probation  department: 

Salary  of  director $3,200 

Salaries     of     seven     probation 

officers 14,300 

Other  personal  services 9,494 

Current  expenses  10,997 

Total  probation  department $37,991 


358  Chapter  211  [1941 

For  water  resources  board: 
Administration  : 

Salaries   $17,400 

Current  expenses 2,350 

Total $19,750 

Less  income  2,500 

Total  administration $17,250 

Water  control  commission: 

Salaries   $3,450 

Current  expenses 790 

Total  4,240 

Stream  flow  gauging*       $7,250 

Less     transfer     from     highway 
funds   2,750 

Total  4,500 


Total  water  resources  board   $25,990 

For  state  board  of  education: 
Administration : 

Salaries   $40,325 

Current  expenses  13,650 

Total  $53,975 

Equalization — state  aid   350,000 

Superintendents'  salaries  (state  share)    . .  .       196,500 

Education  of  deaf 16,000 

Vocational  education  (Smith-Hughes) : 

Salaries   $3,675 

Current  expenses  1,100 

Total  4,775 

*  Of  the  sum  herein  appropriated  for  stream  flow  gauging 
stations,  the  sum  of  $2,750  shall  be  a  charge  upon  the  high- 
way funds. 


1941]  Chapter  211  359 

George  Deen  Act : 

Salaries   $2,450 

Current  expenses 2,000 

Total  4,450 

Vocational  rehabilitation : 

Salaries   $2,525 

Current  expenses 5,900 

Total    8,425 

Keene  teachers  college: 

Salaries   $125,159 

Current  expenses  67,400 

Total 192,559 

Plymouth  teachers  college: 

Salaries   $68,750 

Current  expenses 43,300 

Total 112,050 

Total  appropriation   available   for   ex- 
penditure        $938,734 

The  revenues,  estimated  as  follows,  shall  be  applied  to  the 
above  appropriation: 

Per  capita  tax  $155,774 

Literary  fund 37,000 

Unorganized  places 7,000 

Rebate  ($3.50  tax)   8,000 

Keene  teachers  college: 

(tuition  and  board)    110,200 

Plymouth  teachers  college: 

(tuition  and  board)  52,050 

Excess  superintendents'  salaries     95,000 

Total  estimated  revenue $465,024 

Total    net    estimated    appropriation 

state  board  of  education $473,710 

In  addition  to  the  above  appropriaton  said  department  shall 
receive  for  disbursement  the  income  of  the  teachers'  colleges' 


360  Chapter  211  [1941 

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 1,500 

Current  expenses 3,460 

Total  $8,960 

Vital  statistics : 

Salaries $4,810 

Current  expenses  800 

Total 5,610 

Public  health  nursing: 

Salaries  $13,000 

Current  expenses 4,340 

Total 17,340 

Control  of  venereal  diseases: 

Salaries   $7,050 

Current  expenses 3,000 

Total  10,050 

Purchases  of  antitoxin 1,200 

Maternal  and  child  health: 

Salaries   $2,175 

Current  expenses 800 

Total 2,975 

Crippled  childrens'  services : 

Salaries   $3,600 

Current  expenses 8,100 

Total 11,700 


1941]  Chapter  211  361 

Laboratory  of  hygiene : 

Salaries   $16,850 

Current  expenses 4,725 

Total  21,575 

Sanitation : 

Salaries   $8,700 

Current  expenses 3,100 

Total 11,800 

Total  board  of  health $91,210 

For  department  of  public  welfare: 
Administration : 

Salary  of  director $4,000 

Salary  of  assistant 2,200 

Other  salaries 35,097 

Current  expenses  15,690 

Total $56,987 

State  services: 

Salaries   $6,970 

Current  expenses 3,160 

Total  10,130 

Field  services: 

Salaries   $141,010 

Current  expenses 58,836 

Total 199,846 

Blind  administration  and  services: 

Salaries   $10,375 

Current  expenses 7,520 

Total 17,895 

Aid  to  tuberculous  persons  (teacher)   780 

Share  of  merit  system  council 3,600 


362  Chapter  211  [1941 

Civilian  conservation  corps: 

Salaries   $3,180 

Current  expenses 2,160 

Total  5,340 

Old  age  assistance 2,368,979 

Aid  to  dependent  children   435,380 

Aid  to  needy  blind 99,174 

Sight  conservation 5,000 

Workshop  for  the  blind 16,000 

Aid  to  tuberculous  persons 80,000 

Education  of  the  blind 9,000 

John  Nesmith  Fund 3,700 

Total  department  of  public  welfare  . .  .$3,311,811 
Less  income   2,045,499 

Net      appropriation      department      of 

public  welfare $1,266,312 

In  this  department  any  balances  which  may  be  unexpended 
shall  not  lapse,  but  shall  be  for  the  further  use  of  the  depart- 
ment. 

For  bank  commission: 

Salary  of  commissioner $5,000 

Salary  of  deputy  commissioners  6,000 

Clerical  expenses 19,425 

Current  expenses 11,333 

Total  $41,758 

Less  estimated  revenue  . . .       2,000 

Total  bank  commission $39,758 

For  cancer  commission: 

Personal  services $18,200 

Current  expenses 46,275 

Total  $64,475 

Less  estimated  revenue  ....     15,475 


Net  appropriation  cancer  commission  . .       $49,000 


1941]  Chapter  211  363 

For  state  planning  and  development 
commission : 
Development  division: 

Salary  of  director $4,000 

Clerical  expenses 12,216 

Current  expenses 46,265 

Total    $62,481 

Less  estimated  revenue 2,500 

Total  development  division $59,981 

Planning  division: 

Salary  of  director $4,000 

Clerical  expenses 17,572 

Current  expenses    6,100 

Total  $27,672 

Less  estimated  revenue  . . .  200 

Total  planning  division 27,472 

Division  of  industrial  promotion: 

Salaries   $6,450 

Current  expenses 3,950 

Total  10,400 

Investigation  of  mineral  resources 1,500 

Land  use  board 250 

Tourist  service 4,000 

Regional  associations*   12,500 

For  survey  of  Mt.  Sunapee 5,000 

The  above  appropriation  of  $5,000  for  survey 
of  Mt.  Sunapee  shall  not  be  transferred  to  any 
other  function  and  shall  not  lapse. 


Total  planning  and  development  com- 
mission       $121,103 


*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  asso- 
ciation 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. 


364  Chapter  211  [1941 

For  public  library  commission: 
Office  of  commission : 

Salary  of  secretary $2,000 

Clerical  expenses 7,500 

Current  expenses 950 

Total $10,450 

Traveling  libraries    3,675 

Institutes  500 

Field  work 3,054 

State  aid 1,000 


Total  public  library  commission $18,679 

For  public  service  commission: 

Salaries  of  three   commissioners  $15,000 
Engineers,    legal    fees,    experts 

and  clerical  services 44,530 

Current  expenses 29,075 

Total $88,605 

Less  estimated  revenue  . .  .     24,065 

Total  public  service  commission $64,540 

For  tax  commission : 

Office  of  commission : 

Salaries  of  three  commission- 
ers     $10,000 

Clerical  expenses 9,500 

Current  expenses 8,450 

Total  tax  commission $27,950 

Municipal  accounting  division : 

Salary  of  accountant $3,250 

Clerical  expenses 11,725 

Current  expenses  3,900 

Total $18,875 

Less  estimated  revenue  . . .       5,000 

Net  appropriation 13,875 


1941]  Chapter  211  365 

Assessment  of  intangible  tax: 

Salary  of  director $2,750 

Clerical  expenses 5,300 

Current  expenses    2,500 

Total $10,550 

Less  estimated  revenue  . . .     10,550 

Net  appropriation  00 

Tobacco  products  tax  division : 

Salary  of  director $2,500 

Clerical  expenses 15,950 

Current  expenses 27,250 

Total 45,700 

Assessment  of  gas  and  electric  utilities  tax : 

Clerical  expenses $1,950 

Current  expenses 225 

Total $2,175 

Less  estimated  revenue  . . .       2,175 

Net  appropriation 00 


Total  tax  commission $87,525 

For  pharmacy  commission   $3,000 

For  board  of  optometry $725 

For  board  of  chiropractic  examiners $850 

For  registration  of  veterinary  surgeons $100 

For  commission  of  arts  and  crafts  .  . .  ,  ;t $10,000 

For  teachers'  retirement  board $20,000 

For  firemen's  retirement  board $20,000 

For  fish  and  game  department $235,000 

Less  estimated  revenue 235,000 

Net  appropriation 00 

In  addition  to  the  above  appropriation  the  fish  and  game  de- 
partment shall  receive  for  disbursement  any  income  of  the 
fish  and  game  fund,  in  excess  of  the  above  estimate ;  provided, 
however,  that  if  said  income  of  the  fish  and  game  fund  is  less 


366  Chapter  212  [1941 

than  the  above  estimate  of  $235,000  a  sum  sufficient  to  make 
the  total  equal  to  $235,000  is  hereby  appropriated  from  the 
general  funds. 

In  addition  to  the  sums  hereinbefore  appropriated  there  is 
hereby  appropriated  the  sum  of  thirty  thousand  dollars,  or 
such  part  of  said  sum  as  maj"  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  appro- 
priation shall  lapse  and  shall  not  be  transferred  to  any  other 
state  appropriation. 

Total  appropriation   $5,510,764.47 

2.     Takes  Effect.     This  act  shall  take  effect  July  1,  1941. 

[Approved  June  13,  1941.] 


CHAPTER  212. 


AX  ACT  MAKING  APPROPRIATIONS  FOR  THE  STATE  OF  NEW 
HAMPSHIRE  FOR  THE  YEAR  ENDING  JUNE  30,   1943. 

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,  1943, 
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.  . .     $125,000 

Council  of  state  governments $250 

For  the  executive  department: 
Office  of  the  governor: 

Salary  of  governor $5,000 

Salary  of  governor's  secretary  3,000 

Clerical  expenses 4,850 

Current  expenses 4,500 

Total  office  of  governor $17,350 

Council  per  diem  and  expenses 7,500 


1941]  Chapter  212  367 

Contingent  fund: 

July  1  to  Dec.  31,  1942 $2,500 

Jan.  1  to  June  30,  1943 2,500 

Total  contingent  fund 5,000 

Emergency  fund  for  protection  of  interests 

of  the  state: 

July  1  to  Dec.  31,  1942 $22,500 

Jan.  1  to  June  30, 1943 22,500 

Total  emergency  fund 45,000 

Total  executive  department $74,850 

For  judicial  branch: 
Supreme  court: 

Salaries     of     supreme     court 

justices $35,000 

Salary  of  clerk  of  court 2,000 

Salary  of  court  reporter  ....       1,800 

Clerical  expenses 1,650 

Current  expenses 3,800 

Total  $44,250 

Less  estimated  revenue  ....  130 

Net  appropriation   supreme   court   ex- 
penses         $44,120 

Printing    and    binding    New    Hampshire 

reports 3,500 

Total  supreme  court $47,620 

Superior  court: 

Salaries     of     superior     court 

justices $42,000 

Other  personal  services 200 

Current  expenses 8,300 

Referees  and  masters 6,000 

Expenses     of     referees    and 

masters   1,000 

Total  superior  court 57,500 


368  Chapter  212  [1941 

Probate  court: 

Salaries    of    probate    court 

justices $17,600 

Salaries    of   probate    court 

registers  and  deputies 20,300 

Total  probate  court 37,900 


Total  judicial  branch $143,020 

For  adjutant  general's  department: 
Office  of  adjutant  general: 

Salary  of  adjutant  general  . .     $4,000* 

Clerical  expenses 3,600 

Current  expenses 1,200 

Total  $8,800 

National  guard : 

Salaries   $45,000 

Current  expenses  —  national 

guard 12,750 

Current    expenses    —    state 

guard 2,900 

Total  60,650 

Armories : 

Salaries   $16,540 

Current  expenses 19,800 

Total  36,340 

Rifle  ranges   960 

Officers'  uniforms   2,500 

War  service  recognition 600 


Total  adjutant  general's  department. .     $108,850 

*  The  above  appropriation  of  $4,000  for  the  adjutant 
general's  salary  shall  not  be  transferred  to  or  used  for  any 
other  state  function. 


1941]  Chapter  212  369 

For  department  of  agriculture: 
Office  of  commissioner: 

Salary  of  commissioner $3,500 

Salary     of    deputy     commis- 
sioner         2,750 

Clerical  expenses 4,390 

Current  expenses 1,993 


Total  $12,633 

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   1,000 

Feeding  stuffs  inspection 5,000 

Fertilizer  inspection 1,864 

Seed  inspection 1,057 

Insecticides  and  fungicides 200 

Apiary  law 300 

Insect  suppression : 

Salary  of  deputy  commissioner     $1,600 

Salaries  of  clerks  and  assist- 
ants         8,450 

Current  expenses 2,500 


Total 12,550 

Dairy  inspection: 

Salary  of  inspector $2,750 

Current  expenses 1,105 


Total 3,855 

Licensing  milk  dealers 500 

Fair  exhibits 450 

Egg  inspection 2,935 

Eastern  States  Exposition 1,500 

Bureau  of  markets : 

Salaries   $3,237 

Current  expenses 825 

Total  4,062 


370  Chapter  212  [1941 

Crop  reporting  service $1,000 

Printing  and  mailing  bulletins 6,400 

Labeling  service 500 

Apple  grading  law 1,100 

Division  of  animal  industry: 
Office  of  veterinarian: 

Salary  of  state  veterinarian     $3,500 

Clerical  expenses 10,676 

Current  expenses 4,075 

Total 18,251 

Field  expenses: 

Salary  of  appraiser $2,500 

Tubercular  testing 50,000 

Other  testing  fees 2,850 

Current  expenses  3,000 

Total  58,350 

Testing  fees  15,000 


Total  department  of  agriculture $151,317 

For  attorney  general's  department: 

Salary  of  attorney  general   . . .  $6,000 
Salary  of  assistant  attorney  gen- 
eral     4,000 

Salary  of  chief  clerk 2,000 

Salary  of  research  clerk 2,000 

Salary  of  law  clerk 1,800 

Salary  of  chief  accountant  ....  1,500 

Clerical  expenses 4,800 

Current  expenses 3,955 

Fees  to  registers  of  probate  . .  .  4,250 

Legacy  tax  expenses 1,100 


Total  attorney  general's  department.  .       $31,405 


1941]  Chapter  212  371 

For  comptroller's  department: 
Administration : 

Salary  of  comptroller   $5,000 

Salary     of     assistant    comp- 
troller         3,300 

Clerical  expenses 18,550 

Current  expenses 2,900 

Total 29,750 

G.  A.  R 600 

Granite  State  Deaf  Mute  Mission 150 

Old  Home  Week  Association 300 

New  Hampshire  Historical  Society 500 

Military  organizations   200 

Firemen's  Relief  Association 4,000 

Prisoners'  Aid  Association 600 

New  Hampshire  Veterans'  Association  ....  1,500 


Total  comptroller's  department   $37,600 

For  forestry  and  recreation  department: 
Administration : 

Salary  of  state  forester $3,500 

Salary  of  assistant   forester..       2,500 

Clerical  expenses 8,300 

Current  expenses 4,585 

Total  $18,885 

Nursery : 

Salaries   $5,000 

Current  expenses  2,440 

Total  7,440 

Reforestation : 

Salaries   $1,000 

Current  expenses 900 

Total  1,900 


372  Chapter  212  [1941 

District  fire  supervision: 

Salaries   $5,265 

Current  expenses    2,650 

Total  7,915 

Lookout  stations :   12,280 

Prevention  of  fires: 

Salaries   $950 

Current  expenses 4,050 

Total 5,000 

Forest  fire  bills  to  towns 7,500 

White  pine  blister  rust  eradication : 

Salaries   $3,845 

Current  expenses 250 

Total  4,095 

Recreation : 

Salary  of  director $2,200 

Other  salaries 22,900 

Current  expenses 12,900 

Total  $38,000 

Less  revenue 18,998 

Net  appropriation 19,002 

Federal  emergency  project: 

Salaries   $1,500 

Current  expenses 3,500 

Total 5,000 


Total  forestry  and  recreation  depart- 
ment          $89,017 

For  insurance  department : 

Salary  of  commissioner $5,000 

Salary  of  deputy  commissioner.  2,200 

Clerical  expenses 13,200 

Current  expenses 5,440 

Total  insurance  department   $25,840 


1941]  Chapter  212  373 

For  bureau  of  labor: 

Office  of  commissioner: 

Salary  of  commissioner $4,000 

Clerical  expenses 5,800 

Current  expenses 3,570 

Total  $13,370 

Minimum  wage  division: 

Salaries  of  investigators $6,000 

Clerical  expenses 2,100 

Current  expenses  3,950 

Total    12,050 

Factory  inspection: 

Salaries  of  inspectors   $6,300 

Clerical  expenses 1,400 

Current  expenses  3,575 

Total 11,275 

New  Hampshire  employment  office 15,000 


Total  bureau  of  labor $51,695 

For  purchasing  agent : 

Salary  of  purchasing  agent  ....  $4,000 

Clerical  expenses 8,950 

Current  expenses  2,160 

Total  purchasing  agent  ,  . .       $15,110 

For  state  department: 
Office  of  secretary: 

Salary  of  secretary  $4,000 

Salary  of  deputy  secretary  .  .  2,700 

Clerical  expenses 9,175 

Current  expenses  2,535 

Total  $18,410 

Indexing  state  papers 400 

State  and  provincial  records 3,740 

Direct  primary 12,250 

Australian  ballot 17,700 


374  Chapter  212  [1941 

Photostat  department : 

Salary  of  technician $1,950 

Current  expenses   625 

Total 2,575 


Total  state  department   $55,075 

For  department  of  buildings  and  grounds : 

Salary  of  superintendent $2,500 

Other  salaries  59,090 

Current  expenses 50,600 

Franklin       Pierce       homestead 

maintenance   410 

Daniel  Webster  birthplace  main- 
tenance    500 

Total    department    of    buildings    and 

grounds  $113,100 

For  mailing  department: 

Salaries   $2,400 

Current  expenses 450 

Total  mailing  department  $2,850 

For  state  library: 

Salary  of  librarian  $2,500 

Clerical  expenses 10,525 

Current  exj)enses 12,185 

Total  state  library   $25,210 

For  state  police : 

Salary  of  superintendent    $4,000 

Salary  of  deputy  superintendent  3,500 

Other  salaries 121,675 

Current  expenses 67,825 

Total $197,000 

Less  highway  funds 175,000 

Net  appropriation  for  state  police $22,000 


1941]  Chapter  212  375 

Of  the  above  appropriation  the  sum  of  $175,000  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  $22,000  shall  be  a  charge  upon  the  general  funds  of  the 
treasury. 

For  treasury  department: 
Office  of  treasurer: 

Salary  of  treasurer  $4,000 

Salary  of  deputy  treasurer  .  .  2,700 

Clerical  expenses   12,850 

Current  expenses 3,667 

Total $23,217 

Highway  expenses: 

Clerical  expenses $3,500 

Current  expenses 1,450 

Total $4,950 

Less  highway  funds 4,950 

Net  appropriation  00 

Intangible  tax  division: 

Clerical  expenses $1,950 

Current  expenses 428 

Total $2,378 

Less  revenue 2,378 

Net  appropriation  00 

Collection  of  gasoline  tax: 

Clerical  expenses $3,050 

Current  expenses 1,045 

Total $4,095 

Less  highway  funds 4,095 

Net  appropriation  00 


376  Chapter  212  [1941 

Trust  fund  obligations $40,802 

Bounties 3,500 

Burial  of  soldiers  and  sailors 5,000 

Total  treasury  department $72,519 

For  department  of  weights  and  measures: 

Salary  of  commissioner $3,000 

Salaries  of  four  inspectors 8,000 

Clerical  expenses 1,990 

Current-  expenses 5,660 

Total  weights  and  measures  department      $18,650 

For  University  of  New  Hampshire: 

Maintenance,  chapter  180,  sec- 
tion 18 $552,478.47 

Extension  work  under  the  Smith- 
Lever  act 36,000.00 

Total  University  of  New  Hampshire. .  .     $588,478.47 

Section   23,   chapter   180   of  the   Public   Laws   is   hereby 
suspended  for  the  fiscal  year  ending  June  30,  1943. 

For  industrial  school: 
Administration : 

Salary  of  superintendent  ....     $4,000 
Salary    of    assistant    superin- 
tendent         2,600 

Clerical  expenses 2,800 

Current  expenses  2,380 

Total  $11,780 

Instruction : 

Salaries   $5,130 

Current  expenses 900 

Total  6,030 


1941]  Chapter  212  377 

Custodial  care: 

Salaries   $21,460 

Current  expenses 17,270 

Total 38,730 

Auxiliary  to  custodial  care 590 

Operation  of  plant: 

Salaries   $1,710 

Current  expenses    15,050 

Total  16,760 

Maintenance  of  plant: 

Salaries   $3,180 

Current  expenses 1,550 

Total 4,730 

Agriculture : 

Salaries   $2,715 

Current  expenses 8,575 

Total  11,290 

Parole  office: 

Salaries   $1,010 

Current  expenses 1,300 

Total  2,310 

Total  industrial  school $92,220 

For  Laconia  state  school: 
Administration : 

Salary  of  superintendent $4,000 

Clerical  expenses 8,134 

Current  expenses 2,803 

Total $14,937 

Professional  care  and  treatment : 

Salaries   $46,255 

Current  expenses  3,515 

Total 49,770 


378  Chapter  212  [1941 

Custodial  care: 

Salaries   $12,396 

Current  expenses 53,325 

Total 65,721 

Operation  of  plant: 

Salaries   $4,760 

Current  expenses 26,125 

Total  30,885 

Maintenance  of  plant: 

Salaries   $7,610 

Current  expenses  4,775 

Total  12,385 

Agriculture : 

Salaries   $21,521 

Current  expenses 19,367 


Total $40,^ 

Less  revenue 1,000 

Net  appropriation 39,888 

Maintenance      and      operation      of      new 

dormitory   47,650 


Total  Laconia  state  school $261,236 

For  New  Hampshire  state  hospital : 
Administration : 

Salary  of  superintendent  ....     $5,000 
Salary    of    assistant    superin- 
tendent         3,600 

Other  salaries  26,760 

Current  expenses 8,680 

Total $44,040 


1941]  Chapter  212  379 

Professional  care  and  treatment: 

Salaries   $235,574 

Current  expenses 31,360 

Total  $266,934 

Less  revenue 350 

Net  appropriation   266,584 

Custodial  care : 

Salaries   $72,811 

Current  expenses 271,920 

Total  $344,731 

Less  revenue   5,000 

Net  appropriation  339,731 

Operation  of  plant: 

Salaries   $27,424 

Current  expenses  91,598 

Total  $119,022 

Less  revenue 350 

Net  appropriation 118,672 

Maintenance  of  plant : 

Salaries   $49,000 

Current  expenses 12,000 

Total    61,000 

Agriculture : 

Salaries $15,879 

Current  expenses 34,864 

Total  $50,743 

Less  revenue 1,500 

Net  appropriation 49,243 


380  Chapter  212  [1941 

New  medical  and  surgical  building : 

Salaries   $22,728 

Current  expenses 2,220 

Total 24,948 


Total  state  hospital $904,218 

For  soldiers'  home: 

Office  of  the  commandant: 

Salaries   $2,000 

Current  expenses 370 

Total  $2,370 

Custodial  care: 

Salaries $5,200 

Current  expenses 8,100 

Total  13,300 

Professional  care  and  treatment: 

Salaries $3,000 

Current  expenses 560 

Total 3,560 

Operation  of  plant: 

Salaries   $1,455 

Current  expenses 4,540 

Total  5,995 

Maintenance  of  plant: 

Salaries   $  75 

Current  expenses 1,165 

Total  1,240 

Agriculture : 

Salaries   $1,055 

Current  expenses 480 

Total 1,535 


Total  soldiers'  home $28,000 


1941]  Chapter  212  381 

For  state  prison : 
Administration : 

Salary  of  warden $3,250 

Clerical  expenses 3,050 

Current  expenses 1,625 


Total  $7,925 

Instruction 2,000 

Custodial  care: 

Salaries   $40,760 

Current  expenses 46,875 


Total  87,635 

Auxiliary  to  custodial  care 8,650 

Operation  of  plant: 

Salaries   $2,982 

Current  expenses 5,850 


Total 8,832 

Maintenance  of  plant 3,000 

Prison  farm : 

Salaries   $1,955 

Current  expenses 8,545 

Total   $10,500 

Less  revenue 10,500 

Net  appropriation 00 

Parole  officer: 

Salaries   $4,790 

Current  expenses 3,910 

Total  8,700 


382  Chapter  212  [1941 

Prison  industries: 

Personal  services $41,400 

Current  expenses 66,060 

Total  requirements   $107,460 

Less  estimated  revenue 107,460 

Net  appropriation 00 


Total  state  prison $126,742 

For  state  sanatorium: 
Administration : 

Salary  of  superintendent  ....     $4,000 

Clerical  expenses 1,575 

Current  expenses    1,685 

Total  $7,260 

Professional  care  and  treatment: 

Salaries    $18,675 

Current  expenses 6,500 

Total   25,175 

Custodial  care: 

Salaries   $10,265 

Current  expenses 23,325 

Total  33,590 

Operation  of  plant: 

Salaries   $8,940 

Current  expenses 10,756 

Total  19,696 

Maintenance  of  plant: 

Salaries   $1,100 

Current  expenses 2,100 

Total  3,200 


1941]  Chapter  212  383 

Agriculture : 

Salaries   $3,050 

Current  expenses 2,300 

Total  5,350 


Total  state  sanatorium  $94,271 

For  milk  control  board: 

Salaries   $8,344 

Current  expenses 4,406 

Total  milk  control  board  $12,750 

For  probation  department: 

Salary  of  director $4,000 

Salaries     of     seven     probation 

officers  14,300 

Other  personal  services 9,894 

Current  expenses 11,297 

Total  probation  department  $39,491 

For  water  resources  board: 
Administration : 

Salaries   $18,050 

Current  expenses 2,350 

Total   $20,400 

Less  estimated  revenue  .  . .       2,600 

Net  appropriation    $17,800 

Water  control  commission: 

Salaries   $3,500 

Current  expenses 790 

Total  4,290 


384  Chapter  212  [1941 

Stream  flow  gauging* $7,250 

Less   transfer   from   highway 
funds   2,750 

Total  4,500 


Total  water  resources  board $26,590 

For  state  board  of  education: 
Administration : 

Salaries   $40,400 

Current  expenses 13,650 

Total  $54,050 

Equalization — state  aid 350,000 

Superintendents'  salaries 196,500 

Education  of  deaf 16,000 

Vocational  education  (Smith-Hughes) : 

Salaries   $3,725 

Current  expenses 1,100 

Total  4,825 

George  Deen  Act: 

Salaries   $2,450 

Current  expenses 2,000 

Total  4,450 

Vocational  rehabilitation : 

Salaries   $2,550 

Current  expenses    5,900 

Total  8,450 

Keene  teachers  college: 

Salaries   $122,159 

Current  expenses 62,200 

Total  184,359 

*  Of  the  sum  herein  appropriated  for  stream  flow  gauging 
stations,  the  sum  of  $2,750  shall  be  a  charge  upon  the  liigh- 
way  funds. 


1941]  Chapter  212  385 

Plymouth  teachers  college : 

Salaries $71,450 

Current  expenses 46,870 

Total  118,320 


Total    appropriation    available    for    ex- 
penditures       $936,954 

The  revenues,  estimated  as  follows,  shall  be 
applied  to  the  above  appropriation: 

Per  capita  tax $154,174 

Literary  fund 37,000 

Unorganized  places 7,000 

Rebate  ($3.50  tax)    8,000 

Keene  teachers   college,  tuition 

and  board 100,200 

Plymouth  teachers  college,  tui- 
tion and  board 62,050 

Excess  superintendents'  salaries     95,000 

Total  estimated  revenue 463,424 


Total  net  estimated  appropriation  board 

of  education  $473,530 

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 1,500 

Current  expenses 3,460 

Total  $8,960 


386  Chapter  212  [1941 

Vital  statistics: 

Salaries   $4,910 

Current  expenses  800 

Total  5,710 

Public  health  nursing: 

Salary  of  director $2,400 

Salaries  of  nurses 8,800 

Clerical  expenses 1,800 

Current  expenses 4,340 

Total  17,340 

Control  of  venereal  diseases : 

Salaries   $7,100 

Current  expenses 3,000 

Total  10,100 

Purchase  of  antitoxin 1,200 

Maternal  and  child  health: 

Salaries   $2,225 

Current  expenses 800 

Total 3,025 

Crippled  children's  services: 

Salaries   $3,600 

Current  expenses  8,100 

Total 11,700 

Laboratory  of  hygiene: 

Salary  of  director $4,000 

Other  salaries   12,950 

Current  expenses  4,725 

Total  21,675 

Sanitation : 

Salaries   $8,700 

Current  expenses  3,100 

Total  11,800 


Total  board  of  health $91,510 


1941]  Chapter  212  387 

For  department  of  public  welfare: 
Administration : 

Salary  of  director $4,000 

Salary  of  assistant  director  .  .  2,200 

Other  salaries  35,707 

Current  expenses 16,700 

Total  $58,607 

State  services: 

Salaries   $7,120 

Current  expenses 2,950 

Total 10.070 

Field  services: 

Salaries   $158,520 

Current  expenses  62,971 

Total  221,491 

Blind  administration  and  services : 

Salaries   $10,575 

Current  expenses  6,620 

Total 17,195 

Aid  to  tuberculous  persons  (teacher) 780 

Share  of  merit  system  council 3,600 

Civilian  conservation  corps: 

Salaries   $3,230 

Current  expenses 1,800 

Total  5,030 

Old  age  assistance 2,790,825 

Aid  to  dependent  children 486,030 

Aid  to  needy  blind 105,607 

Sight  conservation 5,000 

Workshop  for  the  blind 16,000 

Aid  to  tuberculous  persons 80,000 


388  Chapter  212  [1941 

Education  of  the  blind $9,000 

John  Nesmith  fund 3,700 

Total  department  of  public  welfare $3,812,935 

Less  estimated  revenue 2,388,596 

Net  appropriation  department  of  public 

welfare  $1,424,339 

In  this  department  any  balances  which  may  be  unexpended 
shall  not  lapse,  but  shall  be  for  the  further  use  of  the  depart- 
ment. 

For  bank  commission: 

Salary  of  commissioner $5,000 

Salaries  of  deputy  commissioners  6,000 

Clerical  expenses 19,475 

Current  expenses 11,283 

Total $41,758 

Less  estimated  revenue  . . .       2,000 

Net  appropriation  bank  commission . .  .       $39,758 

For  cancer  commission: 

Salaries   $18,200 

Current  expenses 47,275 

Total $65,475 

Less  estimated  income  ....     15,475 

Net  appropriation  cancer  commission. .       $50,000 

For  state    planning   and   development   commis- 
sion: 
Development  division: 

Salary  of  director $4,000 

Clerical  expenses 12,616 

Current  expenses 46,265 

Total  $62,881 

Less  estimated  revenue  .  . .       2,500 

Net  appropriation  development  division      $60,381 


1941]  Chapter  212  389 

Planning  division: 

Salary  of  director $4,000 

Clerical  expenses 17,922 

Current  expenses 6,100 


Total  $28,022 

Less  estimated  revenue  ....  200 


Net  appropriation  planning-  division . ,  .       $27,822 
Division  of  industrial  promotion: 

Salaries   $6,500 

Current  expenses 3,950 

Total 10,450 

Land  use  board  250 

Tourist  service 4,000 

Regional  Associations* 12,500 


Total  planning  and  development  com- 
mission       $115,403 

For  public  library  commission: 
Office  of  commission : 

Salary  of  secretary   $2,000 

Clerical  expenses 7,600 

Current  expenses 1,100 

Total  $10,700 

Traveling  libraries  3,675 

Institutes  500 

Field  work   2,504 

State  aid  1,000 


Total  public  library  commission $18,379 

*  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. 


390  Chapter  212  [1941 

For  public  service  commission: 

Salaries  of  three  commissioners  $15,000 
Engineers,    legal    fees,    experts 

and  clerical  services 47,230 

Current  expenses  29,175 

Total $91,405 

Less  estimated  revenue  ....     24,700 

Total  public  service  commission $66,705 

For  tax  commission: 

Office  of  commission: 

Salaries  of  three  commission- 
ers       $10,000 

Clerical  expenses 9,500 

Current  expenses 7,650 

Total $27,150 

Municipal  accounting  division : 

Salary  of  accountant $3,250 

Clerical  expenses 11,775 

Current  expenses 3,900 

Total $18,925 

Less  estimated  revenue 5,000 

Net  appropriation    13,925 

Assessment  of  intangible  tax: 

Salary  of  director $2,750 

Clerical  expenses 5,400 

Current  expenses 2,500 

Total $10,650 

Less  estimated  revenue  ....     10,650 

Total  net  appropriation 00 


1941]  Chapter  212  391 

Tobacco  products  tax  division: 

Salary  of  director  $2,500 

Clerical  expenses 16,050 

Current  expenses 27,250 

Total  45,800 

Assessment  of  gas  and  electric  utilities  tax : 

Clerical  expenses $1,950 

Current  expenses 225 

Total  $2,175 

Less  estimated  revenue  , .  .       2,175 

Net  appropriation 00 


Total  tax  commission $86,875 

For  pharmacy  commission $3,000 

For  board  of  optometry $725 

For  board  of  chiropractic  examiners  $850 

For  registration  of  veterinary  surgeons $100 

For  commission  of  arts  and  crafts $10,000 

For  teachers'  retirement  board $20,000 

For  liremen's  retirement  board $20,000 

For  fish  and  game  department  ....  $235,000 
Less  estimated  revenue 235,000 

Net  appropriation  00 

In  addition  to  the  above  appropriation  the  fish  and  game  de- 
partment shall  receive  for  disbursement  any  income  of  the 
fish  and  game  fund,  in  excess  of  the  above  estimate ;  provided, 
however,  that  if  said  income  of  the  fish  and  game  fund  is  less 
than  the  above  estimate  of  $235,000  a  sum  sufficient  to  make 
the  total  equal  to  $235,000  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, 


392  Chapter  213  [1941 

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. 

Total  appropriation   $5,789,528.47 

2.     Takes  Effect.     This  act  shall  take  effect  July  1,  1942. 

[Approved  June  13,  1941.] 


CHAPTER  213. 

AN  ACT  RELATING  TO  HOUSING. 

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

1.  Finding  and  Declaration  of  Necessity.  It  is  hereby 
found  and  declared  that  the  national-defense  program  involves 
large  increases  in  the  military  forces  and  personnel  in  this 
state,  a  great  increase  in  the  number  of  workers  in  already 
established  manufacturing  centers  and  the  bringing  of  a  large 
number  of  workers  and  their  families  to  new  centers  of  de- 
fense industries  in  the  state;  that  there  is  an  acute  shortage 
of  safe  and  sanitary  dwellings  available  to  such  persons  and 
their  families  in  this  state  which  impedes  the  national-defense 
program;  that  it  is  imperative  that  action  be  taken  immedi- 
ately to  assure  the  availability  of  safe  and  sanitary  dwellings 
for  such  persons  to  enable  the  rapid  expansion  of  national- 
defense  activities  in  this  state  and  to  avoid  a  large  labor  turn- 
over in  defense  industries  which  would  seriously  hamper  their 
production;  that  the  provisions  hereinafter  enacted  are 
necessary  to  assure  the  availability  of  safe  and  sanitary  dwell- 
ings for  persons  engaged  in  national-defense  activities  which 
otherwise  would  not  be  provided  at  this  time;  and  that  such 
provisions  are  for  the  public  use  and  purpose  of  facilitating 
the  national-defense  program  in  this  state.  It  is  further  de- 
clared to  be  the  purpose  of  this  act  to  authorize  housing 
authorities  to  do  any  and  all  things  necessary  or  desirable  to 
secure  the  financial  aid  of  the  federal  government,  or  to  co- 
operate with  or  act  as  agent  of  the  federal  government,  in  the 
expeditious  development  and  the  administration  of  projects  to 
assure  the  availability  when  needed  of  safe  and  sanitary 
dwellings  for  persons  engaged  in  national-defense  activities. 


1941]  Chapter  213  393 

2.  Defense  Housing  by  Housing  Authorities.  Any  housing 
authority  may  undertake  the  development  and  administration 
of  projects  to  assure  the  availabihty  of  safe  and  sanitary 
dwellings  for  persons  engaged  in  national-defense  activities 
whom  the  housing  authority  determines  would  not  otherwise 
be  able  to  secure  safe  and  sanitary  dwellings  within  the 
vicinity  thereof,  but  no  housing  authority  shall  initiate  the 
development  of  any  such  project  pursuant  to  this  act  after 
December  31,  1943. 

In  the  ownership,  development  or  administration  of  such 
projects,  a  housing  authority  shall  have  all  the  rights,  powers, 
privileges  and  immunities  that  such  authority  has  under  any 
provision  of  law  relating  to  the  ownership,  development  or 
administration  of  slum  clearance  and  housing  projects  for  per- 
sons of  low  income,  in  the  same  manner  as  though  all  the 
provisions  of  law  applicable  to  slum  clearance  and  housing 
projects  for  persons  of  low  income  were  applicable  to  projects 
developed  or  administered  to  assure  the  availability  of  safe 
and  sanitary  dwellings  for  persons  engaged  in  national-defense 
activities  as  provided  in  this  act,  and  housing  projects  de- 
veloped or  administered  hereunder  shall  constitute  "housing 
projects"  under  the  housing  authorities  law,  as  that  term  is 
used  therein;  provided,  that  during  the  period  (herein  called 
the  "national-defense  period")  that  a  housing  authority  finds 
(which  finding  shall  be  conclusive  in  any  suit,  action  or  pro- 
ceeding) that  within  its  area  of  operation  (as  defined  in  the 
housing  authorities  law),  or  any  part  thereof,  there  is  an 
acute  shortage  of  safe  and  sanitary  dwellings  which  impedes 
the  national-defense  program  in  this  state  and  that  the 
necessary  safe  and  sanitary  dwellings  would  not  otherwise 
be  provided  when  needed  for  persons  engaged  in  national- 
defense  activities,  any  project  developed  or  administered  by 
such  housing  authority  (or  by  any  housing  authority  cooperat- 
ing with  it)  in  such  area  pursuant  to  this  act,  with  the  financial 
aid  of  the  federal  government  (or  as  agent  of  the  federal 
government  as  hereinafter  provided),  shall  not  be  subject  to 
the  limitations  on  rentals  and  tenant  selection  provided  in  the 
housing  authorities  law;  and  provided  further,  that,  during 
the  national-defense  period,  a  housing  authority  may  make 
payments  in  such  amounts  as  it  finds  necessary  or  desirable 


394  Chapter  213  [1941 

for  any  services,  facilities,  works,  privileges  or  improvements 
furnished  for  or  in  connection  with  any  such  projects.  After 
the  national-defense  period,  any  such  projects  owned  and  ad- 
ministered by  a  housing  authority  shall  be  administered  for 
the  purposes  and  in  accordance  with  the  provisions  of  the 
housing  authorities  law. 

3.  Acting  for  Federal  Government  on  Defense  Housing. 
A  housing  authority  may  exercise  any  or  all  of  its  powers  for 
the  purpose  of  cooperating  with,  or  acting  as  agent  for,  the 
federal  government  in  the  development  or  administration  of 
projects  by  the  federal  government  to  assure  the  availability 
of  safe  and  sanitary  dwellings  for  persons  engaged  in  national- 
defense  activities  and  may  undertake  the  development  or 
administration  of  any  such  project  for  the  federal  govern- 
ment. In  order  to  assure  the  availability  of  safe  and  sanitary 
housing  for  persons  engaged  in  national-defense  activities,  a 
housing  authority  may  sell  (in  whole  or  in  part)  to  the  federal 
government  any  housing  project  developed  for  persons  of 
low  income  but  not  yet  occupied  by  such  persons;  such  sale 
shall  be  at  such  price  and  upon  such  terms  as  the  housing 
authority  shall  prescribe  and  shall  include  provision  for  the 
satisfaction  of  all  debts  and  liabilities  of  the  authority  relating 
to  such  project. 

4.  Cooperation  by  Municipalities  on  Defense  Housing.  Any 
municipality,  as  defined  in  the  housing  authorities  law,  shall 
have  the  same  rights  and  powers  to  cooperate  with  the  hous- 
ing authorities,  or  with  the  federal  government,  with  respect 
to  the  development  or  administration  of  projects  to  assure  the 
availability  of  safe  and  sanitary  dwellings  for  persons  engaged 
in  national-defense  activities  that  such  municipality  has  pur- 
suant to  such  law  for  the  purpose  of  assisting  the  develop- 
ment or  administration  of  slum  clearance  or  housing  projects 
for  persons  of  low  income. 

5.  Bonds  for  Defense  Housing  Legal  Investments.  Bonds 
or  other  obligations  issued  by  a  housing  authority  for  a  project 
developed  or  administered  pursuant  to  this  act  shall  be 
security  for  public  deposits  and  legal  investments  to  the  same 
extent  and  for  the  same  persons,  institutions,  associations, 
corporations,  bodies  and  officers  as  bonds  or  other  obligations 
issued  pursuant  to  the  housing  authorities  law  for  the  develop- 


1941]  CHAPTER  213  395 

ment  of  a  slum  clearance  or  housing  project  for  persons  of  low 
income. 

6.  Removal  of  Restrictions  for  Defense  Housing.  This  act 
shall  constitute  an  independent  authorization  for  a  housing 
authority  to  undertake  the  development  or  administration  of 
projects  to  assure  the  availability  of  safe  and  sanitary  dwell- 
ings for  persons  engaged  in  national-defense  activities  as  pro- 
vided in  this  act  and  for  a  housing  authority  to  cooperate 
with,  or  act  as  agent  for,  the  federal  government  in  the 
development  or  administration  of  similar  projects  by  the 
federal  government.  In  acting  under  this  authorization,  a 
housing  authority  shall  not  be  subject  to  any  limitations,  re- 
strictions or  requirements  of  other  laws  (except  those  re- 
lating to  land  acquisition)  prescribing  the  procedure  or  action 
to  be  taken  in  the  development  or  administration  of  any  public 
works,  including  slum  clearance  and  housing  projects  for  per- 
sons of  low  income  or  undertakings  or  projects  of  municipal 
or  public  corporations  or  political  subdivisions  or  agencies  of 
the  state.  A  housing  authority  may  do  any  and  all  things 
necessary  or  desirable  to  cooperate  with,  or  act  as  agent  for, 
the  federal  government,  or  to  secure  financial  aid,  in  the  ex- 
peditious development  or  in  the  administration  of  projects  to 
assure  the  availability  of  safe  and  sanitary  dwellings  for  per- 
sons engaged  in  national-defense  activities  and  to  effectuate 
the  purposes  of  this  act. 

7.  Definitions. 

I.  "Persons  engaged  in  national-defense  activities,"  as 
used  in  this  act,  shall  include:  enlisted  men  in  the  military 
and  naval  services  of  the  United  States  and  employees  of  the 
war  and  navy  departments  assigned  to  duty  at  military  or 
naval  reservations,  posts  or  bases;  and  workers  engaged  or  to 
be  engaged  in  industries  connected  with  and  essential  to  the 
national-defense  program;  and  shall  include  the  families  of 
the  aforesaid  persons  who  are  living  with  them. 

II.  "Persons  of  low  income,"  as  used  in  this  act,  shall 
mean  persons  or  families  who  lack  the  amount  of  income 
which  is  necessary  (as  determined  by  the  housing  authority 
undertaking  the  housing  project)  to  enable  them,  without 
financial  assistance,  to  live  in  decent,  safe  and  sanitary  dwell- 
ings, without  overcrowding. 


396  Chapter  213  [1941 

III.  "Development,"  as  used  in  this  act,  shall  mean  any 
and  all  undertakings  necessary  for  the  planning,  land  acquisi- 
tion, demolition,  financing,  construction  or  equipment  in  con- 
nection with  a  project  (including  the  negotiation  or  award  of 
contracts  therefor),  and  shall  include  the  acquisition  of  any 
project  (in  whole  or  in  part)  from  the  federal  government. 

IV.  "Administration,"  as  used  in  this  act,  shall  mean 
any  and  all  undertakings  necessary  for  management,  operation 
or  maintenance,  in  connection  with  any  project,  and  shall  in- 
clude the  leasing  of  any  project  (in  whole  or  in  part)  from  the 
federal  government. 

V.  "Federal  government,"  as  used  in  this  act,  shall  mean 
the  United  States  of  America  or  any  agency  or  instrumental- 
ity, corporate  or  otherwise,  of  the  United  States  of  America. 

VI.  The  development  of  a  project  shall  be  deemed  to  be 
"initiated",  within  meaning  of  this  act,  if  a  housing  authority 
has  issued  any  bonds,  notes  or  other  obligations  with  respect 
to  linancing  the  development  of  such  project  of  the  authority, 
or  has  contracted  with  the  federal  government  with  respect 
to  the  exercise  of  powers  hereunder  in  the  development  of  such 
project  of  the  federal  government  for  which  an  allocation  of 
funds  has  been  made  prior  to  December  31,  1943. 

VII.  "Housing  authority,"  as  used  in  this  act,  shall  mean 
any  housing  authority  established  pursuant  to  the  housing 
authorities  law'^  enacted  at  the  1941  session  of  the  legislature. 

8.  Act  Supplemental.  The  powers  conferred  by  this  act 
shall  be  in  addition  and  supplemental  to  the  powers  conferred 
by  any  other  law,  and  nothing  contained  herein  shall  be  con- 
strued as  limiting  any  other  powers  of  a  housing  authority. 

9.  Severability.  Notwithstanding  any  other  evidence  of 
legislative  intent  it  is  hereby  declared  to  be  the  controlling 
legislative  intent  that  if  any  provision  of  this  act,  or  the 
application  thereof  to  any  persons  or  circumstances  is  held 
invalid,  the  remainder  of  the  act  and  the  application  of  such 
provision  to  persons  or  circumstances  other  than  those  as  to 
which  it  is  held  invalid,  shall  not  be  affected  thereby. 

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

[Approved  June  13,  1941.] 


Chapter  222,  post. 


1941]  Chapters  214, 215  397 

CHAPTER  214. 

AN  ACT  RELATING  TO  THE  PAYMENT  OF  COUNTY  TAXES. 

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

1.  County  Taxes.  Amend  chapter  39  of  the  Pubhc  Laws 
(chapter  48,  commissioners'  report)  by  adding  after  section 
10,  as  amended  by  chapter  50,  Laws  of  1933,  and  chapter  42, 
Laws  of  1939,  the  following  new  section :  10-a.  Abatement  of 
Interest.  Any  town  from  which  interest  is  due  to  the  county  on 
its  county  taxes,  whenever  assessed,  may  through  its  select- 
men file  with  the  chairman  of  the  county  convention  a  petition 
for  an  abatement  of  all  or  any  part  of  such  interest,  and  the 
county  convention  is  hereby  gi'anted  the  power  to  abate  all 
or  any  part  thereof  if  it  finds  that  such  town  was  unable  to 
pay  its  county  taxes  on  the  date  when  due  because  of  extra- 
ordinary economic  conditions,  difficulty  in  collecting  taxes  due 
such  town,  or  other  good  cause  shown.  Whenever  a  special 
meeting  of  the  county  convention  is  called  to  hear  such  a 
petition,  the  compensation  of  the  members  thereof  provided 
by  statute  shall  be  paid  by  the  petitioner. 

2.  Takes  Effect;  Application.  This  act  shall  take  effect 
upon  its  passage  and  shall  apply  to  interest  which  has  accrued 
prior  to  the  enactment  hereof. 

[Approved  June  13,  1941.] 


CHAPTER  215. 


AN  ACT  REGULATING  THE  SIZE  OF  CLAMS  WHICH  MAY  BE 

POSSESSED. 

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

1.  Taking  and  Possessing  Clams.  Amend  section  60  of 
chapter  201  of  the  Public  Laws  as  inserted  by  chapter  169, 
Laws  of  1939  (section  60,  chapter  236,  commissioners'  re- 
port) by  striking  out  said  section  and  inserting  in  place  there- 
of the  following :  60.  Regulations  as  to  Size ;  Licenses.  No 
person  shall  buy,  sell,  give  away  or  expose  for  sale,  or  possess 


398  Chapter  215  [1941 

for  any  purpose  any  clams  in  their  shells  in  any  measure  or 
container  unless  at  least  ninety  per  cent  by  volume  and  by 
count  of  said  clams  are  of  a  size  of  not  less  than  two  inches 
by  their  longest  dimension.  No  person,  unless  he  is  a  resi- 
dent of  this  state,  shall  take  clams,  and  no  such  resident  who 
is  sixteen  years  of  age  and  over  shall  take  clams  unless  he 
has  secured  a  license  therefor  from  the  director.  The 
director  is  hereby  authorized  to  make  all  reasonable  rules 
and  regulations  to  carry  out  the  provisions  of  this 
section.  The  fee  for  an  annual  license  shall  be  one  dollar. 
However,  if  a  person  desires  to  take  clams  for  his  own 
consumption,  he  may  do  so  on  a  permit.  Such  permit 
shall  be  issued  under  the  rules  and  regulations  as  prescribed 
by  the  director.  A  fee  of  not  over  fifteen  cents  shall  be 
charged  for  issuing  this  permit,  and  it  shall  allow  the  taking 
of  not  more  than  one-half  bushel  of  clams  at  a  time,  for  a 
period  of  one  year.  No  person  except  as  herein  provided  shall 
at  any  time  engage  in  this  state  in  the  business  of  buying  or 
selling  clams  without  first  procuring  a  license.  Such  license 
shall  be  issued  by  the  director  upon  payment  of  a  fee 
of  five  dollars,  and  such  license  shall  be  for  a  period  of  one 
year. 

2.  Search  and  Seizure.  Any  conservation  officer  shall 
have  power  to  secure  and  execute  search  warrants  in  pur- 
suance thereof  in  any  building,  enclosure,  vehicle,  or  car,  and 
to  break  open  any  compartment,  chest,  locker,  box,  trunk, 
crate,  basket,  bag,  package,  or  container,  and  to  examine  the 
contents  thereof;  to  seize  and  take  possession  of  any  clams 
which  have  been  dug,  taken,  or  had  in  possession  or  under 
control,  or  which  have  been  shipped  or  are  about  to  be  shipped 
at  any  time,  in  any  manner,  or  for  any  purpose,  contrary  to 
the  laws  of  this  state;  to  seize  all  baskets,  cars,  or  other  re- 
ceptacles or  containers  or  contrivances,  except  boats,  used  in 
violation  of  any  law,  rule  or  regulation  relating  to  the  taking 
of  clams,  when  making  arrest,  or  when  these  clams  are  found 
in  the  execution  of  a  search  warrant,  and  hold  the  same  un- 
til the  fine  and  costs  imposed  for  such  violation  have  been  paid 
in  full.  In  the  event  that  the  owner  cannot  be  apprehended, 
such  receptacles,  containers,  or  contrivances  may  be  sold  to 
pay  the  cost.     A  person  found  guilty  of  violation  of  any  clam 


1941]  Chapter  216  399 

laws  or  regulations  shall  be  fined  not  less  than  five  dollars,  or 
more  than  fifty  dollars;  and  if  he  holds  a  license,  the  license 
may  be  revoked  for  such  length  of  time  as  the  director  may 
designate. 

3.    Takes  Effect.    This  act  shall  take  effect  July  first,  1941. 

[Approved  June  13,  1941.] 


CHAPTER  216. 


AN    ACT    TO    EXEMPT    COOPERATIVE    MARKETING    ASSOCIATIONS 
FROM  REGULATION  AS  CARRIERS  FOR  HIRE. 

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

1.  Exemption  of  Vehicles  of  Cooperative  Marketing  Asso- 
ciations. Amend  section  4  of  chapter  106,  Laws  of  1933 
(section  4,  chapter  281,  commissioners'  report)  by  adding  at 
the  end  thereof  the  following  new  paragraph:  V.  Motor 
vehicles  principally  engaged  in  the  transportation  of  agricul- 
tural products,  by-products  or  supplies  and  owned  or  operated 
by  cooperative  marketing  associations  organized  under  the 
provisions  of  Public  Laws,  chapter  224,  so  that  said  section 
as  amended  shall  read:  4.  Exemptions.  There  shall  be 
exempted  from  the  provisions  of  this  act : 

I.  Motor  vehicles  not  principally  engaged  in  the  trans- 
portation of  property  for  hire. 

n.  Motor  vehicles  operating  exclusively  within  the 
limits  of  a  single  city  or  incorporated  town  or  within  ten 
miles  of  the  limits  thereof  or  motor  vehicles  operating  beyond 
such  ten-mile  limit  on  occasional  trips,  not  exceeding  two 
trips  in  any  thirty-day  period. 

III.  Motor  vehicles  while  engaged  exclusively  in  work 
for  any  branch  of  the  government  of  the  United  States  or  for 
any  department  of  this  state,  or  for  any  county,  city,  town 
or  village. 

IV.  Motor  vehicles  engaged  exclusively  while  in  the 
delivery  of  the  United  States  mail. 

V.  Motor  vehicles  principally  engaged  in  the  transpor- 
tation of  agricultural  products,  by-products  or  supplies  and 


400  Chapter  217  [1941 

owned  or  operated  by  cooperative  marketing  associations 
organized  under  the  provisions  of  Public  Laws,  chapter  224. 

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

[Approved  June  13,  1941.] 


CHAPTER  217. 

AN  ACT  RELATING  TO  FOREST  FIRES  AND  THEIR  PREVENTION. 

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

1.  Purchase  of  Equipment.  Amend  chapter  191  of  the 
Public  Laws  by  adding  after  section  9  the  following  new  sec- 
tion: 9-a.  Forest  Fire-Fighting  Equipment.  The  state 
forester  is  hereby  authorized  to  purchase  forest  fire-fighting 
equipment  for  resale  to  towns  on  such  terms  as  the  forestry 
and  recreation  commission  may  approve. 

2.  Apportionment  Changed.  Amend  section  23  of  chapter 
191  of  the  Public  Laws  as  amended  by  chapter  133  of  the 
Laws  of  1929  (commissioners'  report,  chapter  225,  section 
23)  by  striking  out  said  section  and  inserting  in  place  there- 
of the  following:  23.  Apportionment.  The  expenses  of 
fighting  forest  and  brush  fires  in  towns,  and  other  expenses 
lawfully  incurred  by  wardens  and  deputy  wardens  of  said 
towns  in  preventing  forest  fires,  shall  be  borne  equally  by  the 
municipality  and  the  state,  except  as  otherwise  herein  pro- 
vided, and  except  that  when  in  any  one  town  or  city  fiscal 
year  the  net  total  of  sums  required  for  the  suppression  and 
prevention  of  forest  and  brush  fires,  excluding  the  initial  cost 
of  fire-fighting  equipment,  to  be  so  borne  by  such  municipality, 
computed  at  rates  within  limits  established  by  the  forestry 
and  recreation  commission  and  the  state  forester,  shall  equal 
one-half  of  one  per  cent  of  the  total  assessed  valuation  on  such 
municipality  for  the  preceding  tax  year,  expenses  incurred  in 
excess  of  such  sum  shall  be  borne  entirely  by  the  state  on  the 
basis  of  the  rate  limits  above  specified. 

3.  Mills  Registered.  Amend  section  55  of  chapter  191  of 
the  Public  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:     55.     Registration.      No   person 


1941]  Chapter  217  401 

shall  in  any  year  operate  or  cause  to  be  operated  any  portable 
mill  sawing  lumber  or  other  mill  sawing  lumber,  in  or  near 
woodlands  as  defined  in  section  30  of  chapter  197  of  the 
Public  Laws  as  inserted  by  chapter  124  of  the  Laws  of  1935, 
or  where  fire  may  be  communicated  to  such  land,  except  mills 
chiefly  propelled  by  water  power,  until  said  mill  shall  be 
registered  by  the  state  forestry  and  recreation  commission. 
Application  for  registration  shall  be  in  writing,  giving  the 
name  of  the  owner  or  owners,  the  location  and  type  of  mill 
and  such  other  pertinent  information  as  the  commission  may 
require.  No  registration  of  a  portable  mill  shall  be  granted 
until  the  applicant  therefor  has  furnished  a  receipt  or  certifi- 
cate showing  that  the  taxes  assessed  thereon  for  the  preced- 
ing year  have  been  paid. 

4.  Fees.  Amend  section  56  of  chapter  191  of  the  Public 
Laws  by  striking  out  said  section  and  inserting  in  place  there- 
of the  following:     56.     ,  Fees.     Registration  shall,  in 

all  cases,  expire  December  thirty-first  of  each  year.  The  fee 
for  such  registration  shall  be  ten  dollars,  unless  application  is 
made  after  October  first,  in  which  case  the  fee  shall  be  three 
dollars. 

5.  Equipment  Required.  Amend  section  59  of  chapter  191 
of  the  Pubhc  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  59.  Equipment.  All 
portable  steam  mills,  except  when  the  ground  is  covered  with 
snow,  shall  be  equipped  with  a  suitable  spark  arrester  to  pre- 
vent forest  fires,  and  all  mills  subject  to  registration  here- 
under which  dispose  of  mill  waste  by  burning,  except  when 
the  ground  is  covered  with  snow,  shall  be  equipped  with  in- 
cinerators approved  by  the  state  forester.  All  mills  subject 
to  registration  hereunder  shall  also  be  equipped  with  such 
fire-fighting  equipment  as  the  state  forester  shall  specify, 
provided  the  cost  thereof  does  not  exceed  twenty-five  dollars 
for  each  mill. 

6.  Removal.  Amend  section  60  of  chapter  191  of  the  Public 
Laws  by  striking  out  said  section  and  inserting  in  place  there- 
of the  following :  60.  Removal  of  Slash  and  Storage  of  Com- 
bustibles. No  portable  or  other  mill  sawing  lumber,  except 
mills  chiefly  propelled  by  water  power,  shall  be  operated  unless 
the  slash  caused  by  wood  and  timber  cuttings  and  other  in- 


402  Chapter  217  [1941 

flammable  material  except  sawdust  and  fuel  wood  piled  in 
commercial  order,  has  been  removed  for  a  distance  of  one 
hundred  feet  in  all  directions  from  the  mill,  sawdust  pile  and 
incinerator,  and  unless  the  sawdust  pile  is  kept  not  less  than 
twenty-five  feet  from  the  incinerator  and  suitable  precautions 
against  fire  are  taken  in  the  storage  and  handling  of  gasoline, 
fuel  oil,  and  other  combustibles. 

7.  Regulations.  Amend  chapter  191  of  the  Public  Laws 
by  adding  after  section  64  the  following  new  section :  64-a. 
Rules  and  Regulations.  It  shall  be  the  duty  of  the  state 
forester  to  make  and  adopt  such  reasonable  rules  and  regula- 
tions as  may  be  necessary  to  give  effect  to  the  provisions  of 
sections  55  to  64,  inclusive. 

8.  Protection  Against  Fires.  Amend  chapter  197  of  the 
Public  Laws  by  adding  after  section  29  as  inserted  by  chapter 
124  of  the  Laws  of  1935  (commissioners'  report,  chapter  232, 
section  29)  the  following  new  section:  29-a.  Other  Precau- 
tions. During  periods  when  woodland  is  closed,  the  operation 
of  saw  mills  and  other  machine  units,  except  trucks  and 
pleasure  motor  vehicles,  in  or  near  woodland  may  also  be 
suspended  and  smoking  prohibited.  All  persons  engaged  in 
lumbering  operations  may  be  required  to  furnish  sufficient  fire 
guards  to  patrol  areas  under  operation,  to  provide  sufficient 
fire-fighting  tools  which  shall  be  located  at  convenient  places 
therein,  to  forbid  smoking  within  such  areas  and  to  take  all 
other  reasonable  precautions  to  prevent  fires.  Each  day's 
violation  of  any  such  suspension  and  each  day's  failure  to 
meet  any  requirement  hereof  shall  constitute  a  separate 
offense  for  which  a  fine  of  ten  dollars  may  be  imposed.  Un- 
lawful smoking  shall  be  punishable  by  a  fine  of  ten  dollars. 

9.  Appropriation.  For  the  purpose  of  providing  additional 
funds  for  the  forestry  and  recreation  commission  the  sum  of 
nine  thousand  dollars  is  hereby  appropriated  for  the  follow- 
ing specific  purposes:  The  sum  of  five  thousand  dollars  for 
the  purchase  of  forest  fire-fighting  equipment,  as  authorized 
by  section  9-a  of  chapter  191  of  the  Public  Laws ;  the  sum  of 
two  thousand  five  hundred  dollars  for  administrative  expenses 
in  connection  with  enforcement  of  the  provisions  of  sections  7 
and  8  of  this  act,  and  one  thousand  five  hundred  dollars  for 
replacement  or  repair  of  fire-fighting  equipment  destroyed  or 


1941]  Chapter  218  403 

damaged  by  the  forest  fires  of  the  spring  of  1941.  The  gov- 
ernor is  hereby  authorized  to  draw  his  warrants  for  the  sums 
hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

10.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage,  except  that  the  new  apportionment  of  expenses  for 
the  suppression  and  prevention  of  forest  fires,  provided  for 
by  section  2  of  this  act,  shall  apply  to  all  cases  where  such  ex- 
penses have  been  incurred  since  April  1,  1941. 

[Approved  June  13,  1941.] 


CHAPTER  218. 


AN  ACT  PROVIDING  FOR  THE  APPOINTMENT  OF  ACTING  OFFICIALS 
IN   CERTAIN   CASES. 

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

1.  Acting  Heads  of  Departments,  etc.  In  case  the  head  of 
any  state  department  or  institution,  or  the  member  of  any 
state  agency,  board  or  commission  has  entered  or  is  ordered 
into  or  enlists  in  the  military  or  naval  service  of  the  United 
States,  in  connection  with  the  strengthening  of  the  national 
defense  in  the  present  emergency,  the  governor,  with  the 
approval  of  the  council,  may  appoint  an  acting  head  or  mem- 
ber who  shall  have  all  the  powers,  perform  all  the  duties  and 
assume  all  the  responsibilities  of  the  person  for  whom  he  is 
acting;  except  that  the  supreme  court  may  appoint  any  such 
acting  members  of  the  state  tax  commission. 

2.  Other  Officials  and  Employees.  In  case  any  other 
official  or  employee  of  the  state  has  entered  or  is  ordered  into 
or  enlists  in  the  military  or  naval  service  of  the  United  States 
in  such  emergency,  the  appointing  or  employing  authority  of 
such  official  or  employee  under  the  present  law  may  appoint 
or  employ  an  acting  official  or  employee  who  shall  have  all  the 
powers,  perform  all  the  duties  and  assume  all  the  responsibili- 
ties of  such  official  or  employee  for  whom  he  is  acting. 

3.  Termination  of  Powers,  etc.  The  powers,  duties  and 
compensation  of  any  department  head,  of  any  member  of  a 
state    agency,    board    or   commission,  or  of  any  other  state 


404  Chapter  219  [1941 

official  or  employee  shall  temporarily  cease  upon  such  entry  in 
the  military  or  naval  service  of  the  United  States,  and  the 
appointment,  under  authority  hereof,  of  any  acting  member 
of  any  state  agency,  board  or  commission  shall  in  no  manner 
be  deemed  to  be  an  enlargement  of  the  legally  prescribed 
membership  of  such  agency,  board  or  commission. 

4.  Term  of  Office.  The  term  of  office  of  any  person 
appointed  under  authority  hereof  shall  end  upon  the  return 
to  state  service  of  the  person  for  whom  such  person  is  acting 
and  in  any  event  upon  the  expiration  of  the  term  of  office  of 
such  person.  If  such  person  shall  die  while  in  the  military 
or  naval  service  of  the  United  States,  the  person  acting  in  his 
absence  shall  hold  office  until  the  vacancy  has  by  law  been 
filled. 

5.  Reappointment.  Any  member  of  a  state  agency,  board 
or  commission  who  is  in  such  military  or  naval  service  may 
be  reappointed  upon  the  expiration  of  his  term  of  office  dur- 
ing such  service,  and  an  acting  member  may  be  appointed  in 
his  place  under  like  terms  and  conditions  as  herein  provided 
for  the  appointment  of  acting  officials. 

6.  Compensation.  The  compensation  of  any  person 
appointed,  under  the  authority  hereof,  shall  be  determined  by 
the  same  authority  as  the  compensation  of  the  person  for 
whom  such  person  is  acting. 

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

[Approved  June  13,  1941.] 


CHAPTER  219. 

AN  ACT  RELATIVE  TO  THE  SALE  OF  ALCOHOLIC  BEVERAGES. 

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

1.  State  Liquor  Commission.  Amend  chapter  3  of  the 
Laws  of  the  special  session  of  1934  (chapter  167,  commission- 
ers' report)  by  adding  after  section  39  the  following  new 
sections:  39-a.  Hearings  and  Investigations.  The  commis- 
sion shall  have  power  to  adopt  and  publish  rules  to  govern  its 
proceedings  and  to  regulate  the  mode  and  manner  of  all  in- 


1941]  Chapter  219  405 

vestig-ations  and  hearings  before  it.  In  any  such  investi- 
gation or  hearing  the  commission  shall  not  be  bound  by  the 
technical  rules  of  evidence.  The  commission,  or  any  member 
thereof,  shall  have  power  to  subpoena  witnesses  and  adminis- 
ter oaths  in  any  proceeding  or  examination  instituted  before 
or  conducted  by  it,  and  to  compel,  by  subpoena,  the  production 
of  any  accounts,  books,  contracts,  records,  documents,  memo- 
randa and  papers  of  any  kind  whatever.  Witnesses  summoned 
before  the  commission  shall  be  paid  the  same  fees  as  witnesses 
summoned  to  appear  before  the  superior  court,  and  such  sum- 
mons issued  by  any  justice  of  the  peace  shall  have  the  same 
effect  as  though  issued  for  appearance  before  such  court. 
39-b.  Testimonial  Privilege.  No  person  shall  be  excused 
from  testifying  or  from  producing  any  book  or  paper  in  any 
investigation  or  hearing  before  the  commission,  when  ordered 
to  do  so  by  the  commission,  upon  the  ground  that  the  testi- 
mony or  evidence,  book  or  document  required  of  him  may 
tend  to  incriminate  him  or  subject  him  to  a  penalty  or  for- 
feiture; but  no  person  shall  be  prosecuted,  punished  or  sub- 
jected to  any  penalty  or  forfeiture  for  or  on  account  of  any 
act,  transaction,  matter  or  thing  concerning  which  under  oath, 
after  claiming  his  privilege,  he  shall  by  order  of  the  commis- 
sion have  testified  or  produced  documentary  evidence.  No 
person  so  testifying  shall  be  exempt  from  prosecution  or 
punishment  for  any  perjury  committed  by  him  in  his 
testimony. 

2.  Sale  of  Beverages.  Amend  section  24,  chapter  99  of 
the  Laws  of  1933  (section  73,  chapter  167,  commissioners'  re- 
port) by  striking  out  said  section  and  inserting  in  place  there- 
of the  following :  24.  Prohibitions.  If  any  manufacturer 
or  wholesaler  of  beverages  shall  have  any  substantial  financial 
interest,  either  direct  or  indirect,  in  the  business  of  any  other 
on-sale  or  off-sale  permittee  or  in  the  premises  on  which  said 
business  is  conducted  the  commissioners  shall  in  their  dis- 
cretion revoke  the  permit  issued  in  respect  of  the  business 
in  which  such  manufacturer  or  wholesaler  is  so  interested. 
No  manufacturer  or  wholesaler  of  beverages  shall  sell,  cause 
to  be  sold,  rent,  lend  or  give  to  any  on-sale  or  off -sale  per- 
mittee or  to  the  owner  of  the  premises  on  which  the  business 
of  any  on-sale  or  off -sale  permittee  is  to  be  conducted  any 


406  Chapter  219  [1941 

money,  equipment,  furniture,  fixtures  or  property  with  which 
the  business  of  said  permittee  is  to  be  conducted  nor  shall 
such  manufacturer  or  wholesaler  install  or  service  such  equip- 
ment, furniture,  fixtures  or  property  except  as  may  be  desig- 
nated by  the  commission.  No  person  shall  directly  or  in- 
directly hold  more  than  two  off -sale  permits  at  one  time  and 
no  holder  of  an  off -sale  or  on-sale  permit  shall  have  in  his 
employ,  in  any  capacity,  any  person  who  is  the  holder  of  any 
permit  provided  in  this  act. 

3.  Wholesale  Purchases.  Amend  section  26  of  chapter  99 
of  the  Laws  of  1933  as  amended  by  section  1,  chapter  173, 
Laws  of  1933  and  section  2,  chapter  152,  Laws  of  1935 
(section  75,  chapter  167,  commissioners'  report)  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
26.  Certificates  of  Approval.  The  holder  of  a  wholesale  per- 
mit shall  purchase  beverages  for  resale  only  from  other  per- 
mittees within  the  state  or  from  a  manufacturer  without  the 
state  for  the  purpose  of  transporting  or  causing  the  same  to 
be  transported  into  the  state  for  resale  which  said  manu- 
facturer has  obtained  from  the  commission  a  certificate  of 
approval  and  has  agreed  to  furnish  to  the  commission,  on  or 
before  the  tenth  day  of  each  month,  a  report  under  oath,  on 
a  form  prescribed  showing  the  quantity  of  beverages  sold  or 
delivered  to  each  wholesale  permittee  during  the  preceding 
calendar  month.  A  certificate  may  be  revoked  for  failure  to 
submit  such  a  report.  The  commission  may,  in  its  discretion, 
suspend  or  revoke  the  certificate  of  approval  of  such  manu- 
facturer if  such  manufacturer  discontinues  to  sell  beverages 
to  holders  of  wholesale  permits  because  such  holders  sell 
beverages  manufactured  by  another  manufacturer.  The  com- 
mission may  require  each  holder  of  a  certificate  of  approval 
to  furnish  a  bond  in  such  form  and  such  amount  as  the  com- 
mission may  prescribe  to  guarantee  the  payment  to  permit- 
tees in  this  state  for  the  return  of  cooperage  held  by  such 
permittees.  The  commission  is  hereby  authorized  to  make 
rules  and  regulations  for  the  collection  and  forwarding  of 
such  cooperage. 

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

[Approved  June  13,  1941.] 


1941]  Chapter  220  407 

CHAPTER  220. 

AN  ACT  RELATING  TO  THE   HIGHWAY  DEPARTMENT   SIX   YEAR 
BUDGET  AND  STATE  AID  FOR  CLASS  V  HIGHWAYS. 

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

1.  Appropriation.  Amend  section  1,  chapter  137,  Laws  of 
1939  by  striking  out  the  words  "five  milHon  dollars"  and  in- 
serting in  place  thereof  three  and  one-half  million  dollars  so 
that  said  section  shall  read :  1.  Appropriation.  In  addition 
to  the  sums  of  money  heretofore  appropriated  or  provided 
for  highways  as  defined  by  chapter  84  of  the  Public  Laws, 
and  all  laws  amendatory  thereof  or  supplementary  thereto,  a 
sum  not  to  exceed  three  and  one-half  million  dollars  is  hereby 
appropriated  as  hereinafter  provided  for  the  following  pur- 
poses: (a)  the  construction,  repair  and  reconstruction 
throughout  the  state  of  highways  as  defined  by  chapter  84  of 
the  Public  Laws  and  all  laws  amendatory  thereof  or  supple- 
mentary thereto,  (b)  the  construction,  repair,  relocation  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  dredging  of  the 
channels  and  beds  of  rivers,  brooks  and  streams  and  the  con- 
trol of  water  therein  which  is  or  may  be  a  menace  to  the 
safety  of  said  highways,  bridges  and  culverts,  (d)  to  comply 
with  the  obligations  and  conditions  necessary  to  obtain  aid 
from  the  United  States  of  America  or  any  department  or 
agency  thereof. 

2.  Expenditure.  Amend  section  2,  chapter  137,  Laws  of 
1939  by  striking  out  the  entire  section  and  inserting  in  place 
thereof  the  following  section:  2.  Expenditure.  In  con- 
structing, repairing  and  reconstructing  such  highways, 
bridges,  and  culverts,  the  state  highway  commissioner,  with 
the  approval  of  the  governor  and  council,  may  expend  such 
portion  of  the  said  sum  of  three  and  one-half  million  dollars 
as  is  reasonably  necessary  to  meet  all  requirements  of  service 
to  the  public.  The  expenditure  of  the  appropriation  provided 
for  in  section  1,  and  the  expenditure  of  any  money  otherwise 
appropriated,  allotted,  granted  or  provided  for  highways  and 
highway  purposes  shall  be  in  accordance  with  and  shall  not 


408  Chapter  220  [1941 

exceed  in  total  amount  that  shown  on  a  plan  entitled  "New 
Hampshire  Highway  Department  Six  Year  Planning  Budget," 
revised  March  2,  1941  filed  in  the  office  of  the  secretary  of 
state  and  incorporated  herein  by  reference. 

3.  Amendment.  Amend  section  7,  chapter  137,  Laws  of 
1939  by  striking  out  said  section  and  inserting  in  place  there- 
of the  following:  7.  Bonds  Authorized.  The  state  treas- 
urer is  hereby  authorized,  under  the  direction  of  the  governor 
and  council,  to  borrow  upon  the  credit  of  the  state,  for  the 
purpose  of  carrying  into  effect  the  provisions  of  this  act,  not 
more  than  three  and  one-half  million  dollars  during  the  years 
ending  January  31,  1940  and  1941,  and  for  that  purpose  may 
issue  bonds  and  notes  as  may,  in  their  opinion,  be  to  the  best 
advantage  of  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  notes  shall  be  in  such  form  and  such  denomi- 
nations 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  governor  and  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  state. 

4.  Class  V  Highways.  Amend  section  6  of  chapter  87, 
Public  Laws,  as  amended  by  chapter  81,  Laws  of  1927,  chapter 
105,  Laws  of  1929,  chapter  8,  Laws  of  1931,  and  section  3, 
chapter  16,  Laws  of  1935  (section  6,  chapter  103,  commission- 
ers' report)  by  striking  out  the  words  "seventy  cents"  and 
inserting  in  place  thereof,  fifty  cents,  so  that  the  section  as 
amended  shall  read  as  follows :  6.  State  Aid.  In  the  month 
of  July  of  each  year,  the  highway  commisisoner  shall  allot  to 
each  town,  from  the  funds  accruing  to  the  highway  depart- 
ment, a  sum  sufficient,  when  added  to  the  amount  which 
might  be  derived  by  a  tax  of  fifty  cents  on  each  one  hundred 
dollars  of  assessed  valuation  of  the  preceding  year,  to  equal 
ninety  dollars  for  each  mile  of  Class  V  highway  in  such  town ; 
provided,  however,  that  no  allotment  shall  be  made  to  any 
town  in  which  a  tax  of  fifty  cents  on  each  one  hundred  dollars 
of  assessed  valuation  of  the  preceding  year  would  produce  an 


1941]  Chapter  221  409 

amount  in  excess  of  ninety  dollars  for  each  mile  of  Class  V 
highway  in  such  town. 

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

[Approved  June  13,  1941.] 


CHAPTER  221. 

AN  ACT  RELATIVE  TO  MINES  AND  MINERALS. 

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

1.  State  Forests  and  Reservations.  Amend  chapter  192 
of  the  Public  Laws  by  inserting  after  section  10  (section  18, 
chapter  226,  commissioners'  report)  the  following  new  sec- 
tion: 10-a.  Prospecting  and  Mining.  On  terms  approved 
by  the  commission,  the  state  forester  may  issue  a  license  of 
mining  prospector,  upon  application,  to  any  citizen  of  the 
United  States  upon  payment  of  a  fee  of  five  dollars,  for  the 
calendar  year,  which  license  shall  entitle  said  person  to  pros- 
pect for  valuable  mineral  and  metal  deposits,  excepting 
common  sand  and  gravel,  on  all  unimproved  state  forest  lands 
and  reservations  and  in  the  beds  of  great  ponds  and  navigable 
waters;  provided,  however,  that  no  such  license  shall  entitle 
any  person  to  prospect  on  improved  areas  devoted  to  recre- 
ational uses  or  other  public  uses  inconsistent  with  prospecting, 
on  areas  of  scenic  or  historical  importance,  and  on  areas  which 
have  been  acquired  under  particular  terms  and  conditions  in- 
consistent with  prospecting.  The  state  forester  may  by 
regulation  with  the  approval  of  the  commission  define  more 
particularly,  but  not  inconsistently  with  this  section,  the 
areas  closed  to  prospecting.  Every  licensee  hereunder  shall 
be  liable  to  the  state  for  all  unreasonable  damage  to  state 
lands  caused  by  such  prospecting  and  may  be  required  to  post 
a  surety  bond  in  a  reasonable  sum  with  personal  or  other 
sureties  with  the  state  forester  as  a  guarantee  therefor.  Any 
licensee  who  discovers  a  valuable  mineral  or  metal  deposit, 
upon  filing  a  claim  therefor  with  the  state  forester  upon 
forms  which  shall  be  issued  and  furnished  by  him,  shall  have 
a  mining  claim  for  all  or  any  part  of  such  deposit  as  may  be 


410  Chapter  222  [1941 

determined  by  the  commission  with  the  approval  of  the  gov- 
ernor and  council,  and  may  exploit  such  claim  subject  to  the 
reasonable  regulation  of  the  commission  and  subject  to  the 
payment  to  the  state  of  a  reasonable  royalty  to  be  determined 
by  the  commission.  The  right  to  such  mining  claim  shall  con- 
tinue so  long  as  the  licensee  expends  on  such  claim  annually 
at  least  one  hundred  dollars  in  exploring,  prospecting,  testing, 
assaying,  preparing  for  mining  and  mining  such  claim.  The 
state  forester  with  the  approval  of  the  commission  is  author- 
ized to  make  such  reasonable  rules  and  regulations  as  he 
deems  necessary  to  carry  out  the  provisions  of  this  section. 
Any  person  prospecting  on  closed  areas  as  defined  herein  and 
any  person  violating  any  provisions  of  this  section,  or  any 
rule  or  regulation  issued  hereunder,  shall  be  fined  not  more 
than  fifty  dollars,  and  his  license  may  be  suspended  or  re- 
voked in  the  discretion  of  the  commission. 

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

[Approved  June  13,  1941.] 


CHAPTER  222. 

AN  ACT  AUTHORIZING  THE  CREATION  OF  HOUSING  AUTHORITIES 

IN    CITIES,    DEFINING    THEIR    POWERS     AND    DUTIES,    AND 

AUTHORIZING  THEM  TO  AID  AND  COOPERATE  IN  THE 

UNDERTAKING  OF  SLUM-CLEARANCE  AND  HOUSING 

PROJECTS  FOR  FAMILIES  OF  LOW  INCOME. 

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

1.  Short  Title.  This  act  may  be  referred  to  as  the  "Hous- 
ing Authorities  Law." 

2.  Finding  and  Declaration  of  Necessity.  It  is  hereby  de- 
clared: (a)  that  there  exist  in  the  state  insanitary  or  un- 
safe dwelling  accommodations  and  that  persons  of  low  income 
are  forced  to  reside  in  such  insanitary  or  unsafe  accommoda- 
tions; that  within  the  state  there  is  a  shortage  of  safe  or 
sanitary  dwelling  accommodations  available  at  rents  which 
persons  of  low  income  can  afford  and  that  such  persons  are 
forced  to  occupy  overcrowded  and  congested  dwelling  accom- 


1941]  Chapter  222  411 

modations;  that  the  aforesaid  conditions  cause  an  increase  in 
and  spread  of  disease  and  crime  and  constitute  a  menace  to 
the  health,  safety,  morals  and  welfare  of  the  residents  of  the 
state  and  impair  economic  values;  that  these  conditions 
necessitate  excessive  and  disproportionate  expenditures  of 
pubhc  funds  for  crime  prevention  and  punishment,  public 
health  and  safety,  fire  and  accident  protection,  and  other 
public  services  and  facilities ;  (b)  that  these  areas  in  the  state 
cannot  be  cleared,  nor  can  the  shortage  of  safe  and  sanitary 
dwellings  for  persons  of  low  income  be  relieved,  through  the 
operation  of  private  enterprise,  and  that  the  construction  of 
housing  projects  for  persons  of  low  income  (as  herein  defined) 
would  therefore  not  be  competitive  with  private  enterprise; 

(c)  that  the  clearance,  replanning  and  reconstruction  of  the 
areas  in  which  insanitary  or  unsafe  housing  conditions  exist 
and  the  providing  of  safe  and  sanitary  dwelling  accommo- 
dations for  persons  of  low  income  are  public  uses  and  purposes 
for  which  public  money  may  be  spent  and  private  property 
acquired  and  are  governmental  functions  of  state  concern; 

(d)  that  it  is  in  the  public  interest  that  work  on  projects  for 
such  purposes  be  commenced  as  soon  as  possible  in  order  to 
relieve  unemployment  which  now  constitutes  an  emergency; 
and  the  necessity  in  the  public  interest  for  the  provisions 
hereinafter  enacted,  is  hereby  declared  as  a  matter  of  legis- 
lative determination. 

3.  Definitions.  The  following  terms,  wherever  used  or  re- 
ferred to  in  this  act,  shall  have  the  following  respective  mean- 
ings, unless  a  different  meaning  clearly  appears  from  the 
context : 

I.  "Authority"  or  "housing  authority"  shall  mean  any  of 
the  public  corporations  created  by  section  4  of  this  act. 

II.  "Municipality"  shall  mean  any  city  in  this  state. 
The  "municipality"  shall  mean  the  particular  municipality  for 
which  a  particular  housing  authority  is  created. 

III.  "Governing  body"  shall  mean  that  governing  body 
which  is  designated  as  such  by  the  charter  of  the  particular 
city. 

IV.  "Mayor"  shall  mean  the  mayor  of  the  city  or  the 
officer  thereof  charged  with  the  duties  customarily  imposed 
on  the  mayor  or  executive  head  of  the  city. 


412  Chapter  222  [1941 

V.  "Clerk"  shall  mean  the  clerk  of  the  city  or  the  officer 
charged  with  the  duties  customarily  imposed  on  such  clerk. 

VI.  "Area  of  operation"  shall  include  the  municipality 
in  which  a  housing  authority  is  created  and  the  area  within 
six  miles  of  the  territorial  boundaries  thereof,  but  the  area 
of  operation  of  a  housing  authority  shall  not  include  any  area 
which  lies  within  the  territorial  boundaries  of  any  other 
municipality  (as  herein  defined) . 

VII.  "Federal  government"  shall  include  the  United 
States  of  America,  the  United  States  housing  authority,  or 
any  other  agency  or  instrumentality,  corporate  or  otherwise, 
of  the  United  States  of  America. 

VIII.  "Slum"  shall  mean  any  area  where  dwellings  pre- 
dominate which,  by  reason  of  dilapidation,  overcrowding,  lack 
of  ventilation,  light  or  sanitary  facilities,  or  any  combination 
of  these  factors,  are  detrimental  to  safety,  health  or  morals. 

IX.  "Housing  project"  shall  mean  any  work  or  under- 
taking: (1)  to  demolish,  clear  or  remove  buildings  from  any 
slum  area;  such  work  or  undertaking  may  embrace  the 
adoption  of  such  area  to  public  purposes,  including  parks  or 
other  recreational  or  community  purposes;  or  (2)  to  provide 
decent,  safe  and  sanitary  urban  or  rural  dwellings,  apartments 
or  other  living  accommodations  for  persons  of  low  income; 
such  work  or  undertaking  may  include  buildings,  land,  equip- 
ment, facilities  and  other  real  or  personal  property  for 
necessary,  convenient  or  desirable  appurtenances,  streets, 
sewers,  water  service,  parks,  site  preparation,  gardening,  ad- 
ministrative, community,  health,  recreational,  welfare  or  other 
purposes;  or  (3)  to  accomplish  a  combination  of  the  foregoing. 
The  term  "housing  project"  also  may  be  applied  to  the  plan- 
ning of  the  buildings  and  improvements,  the  acquisition  of 
property,  the  demolition  of  existing  structures,  the  construc- 
tion, reconstruction,  alteration  and  repair  of  the  improve- 
ments and  all  other  work  in  connection  therewith. 

X.  "Persons  of  low  income"  shall  mean  persons  or 
families  who  lack  the  amount  of  income  which  is  necessary 
(as  determined  by  the  authority  undertaking  the  housing 
project)  to  enable  them,  without  financial  assistance,  to  live 
in  decent,  safe  sanitary  dwellings,  without  overcrowding. 


1941]  Chapter  222  413 

XI.  "Bonds"  shall  mean  any  bonds,  notes,  interim  cer- 
tificates, debentures,  or  other  obligations  issued  by  an  author- 
ity pursuant  to  this  act. 

XII.  "Real  property"  shall  include  all  lands,  including 
improvements  and  fixtures  thereon,  and  property  of  any 
nature  appurtenant  thereto,  or  used  in  connection  therewith, 
and  every  estate,  interest  and  right,  legal  or  equitable,  therein, 
including  terms  for  years  and  liens  by  way  of  judgment, 
mortgage  or  otherwise  and  the  indebtedness  secured  by  such 
liens. 

XIII.  "Obligee  of  the  authority"  or  "obligee"  shall  in- 
clude any  bondholder,  trustee  or  trustees  for  any  bondholders, 
or  lessor  demising  to  the  authority  property  used  in  connec- 
tion with  a  housing  project,  or  any  assignee  or  assignees  of 
such  lessor's  interest  or  any  part  thereof,  and  the  federal  gov- 
ernment when  it  is  a  party  to  any  contract  with  the  authority. 

4.  Creation  of  Housing  Authorities.  In  each  municipality, 
as  herein  defined,  of  the  state  there  is  hereby  created  a  public 
body  corporate  and  politic  to  be  known  as  the  Housing 
Authority  of  the  municipality;  provided  that  such  authority 
shall  not  transact  any  business  or  exercise  its  powers  here- 
under until  or  unless  a  majority  of  the  legal  voters  of  said 
municipality  present  and  voting  as  herein  provided  shall  have 
voted  in  favor  of  the  creation  of  such  housing  authority  and 
the  governing  body  of  the  municipality  by  proper  resolution 
shall  have  declared  that  there  is  need  for  an  authority  to 
function  in  such  municipality.  At  any  municipal  election  the 
governing  body  on  its  own  motion  shall  cause  to  be  inserted 
on  the  official  ballot  for  said  election  the  following  question: 
"Shall  a  housing  authority  as  provided  in  an  act  passed  at 
the  1941  session  of  the  legislature  relative  to  housing  be 
created  in  this  city?"  If  a  majority  of  the  legal  voters  pres- 
ent and  voting  at  such  election  votes  in  favor  of  the  creation 
of  such  housing  authority  the  governing  body  may  adopt  a 
resolution  declaring  that  there  is  need  for  a  housing  authority 
in  the  municipality  at  any  time  thereafter  if  it  shall  find  (a) 
that  insanitary  or  unsafe  inhabited  dwelling  accommodations 
exist  in  such  municipality  or  (b)  that  there  is  a  shortage  of 
safe  or  sanitary  dwelling  accommodations  in  such  munici- 
pality available  to  persons  of  low  income  at  rentals  they  can 


414  Chapter  222  [1941 

afford.  In  determining  whether  dwelHng  accommodations  are 
unsafe  or  insanitary  said  governing  body  may  take  into  con- 
sideration the  degree  of  overcrowding,  the  percentage  of  land 
coverage,  the  light,  air  space  and  access  available  to  the  in- 
habitants of  such  dwelling  accommodations,  the  size  and 
arrangement  of  the  rooms,  the  sanitary  facilities,  and  the  ex- 
tent to  which  conditions  exist  in  such  buildings  which  en- 
danger life  or  property  by  fire  or  other  causes.  In  any  suit, 
action  or  proceeding  involving  the  validity  or  enforcement  of 
or  relating  to  any  contract  of  the  authority,  the  authority 
shall  be  conclusively  deemed  to  have  become  established  and 
authorized  to  transact  business  and  exercise  its  powers  here- 
under upon  proof  of  the  approval  of  the  creation  of  an  author- 
ity by  the  voters  of  said  municipality  and  of  the  adoption  of 
a  resolution  by  the  governing  body  declaring  the  need  for  the 
authority.  Such  resolution  or  resolutions  shall  be  deemed 
sufficient  if  it  declares  that  there  is  such  need  for  an  authority 
and  finds  in  substantially  the  foregoing  terms,  no  further  de- 
tail being  necessary,  that  either  or  both  of  the  above  enumer- 
ated conditions  exist  in  the  municipality.  A  copy  of  such 
resolution  and  a  record  of  the  referendum  vote  duly  certified 
by  the  clerk  shall  be  admissible  in  evidence  in  any  suit,  action 
or  proceeding. 

5.  Appointment,  Qualifications  and  Tenure  of  Commis- 
sioners. When  the  governing  body  of  a  municipality  adopts 
a  resolution  as  aforesaid,  it  shall  promptly  notify  the 
mayor  of  such  adoption.  Upon  receiving  such  notice,  the 
mayor  shall  appoint  five  persons  as  commissioners  of  the 
authority  created  for  said  city.  The  commissioners  who  are 
first  appointed  shall  be  designated  to  serve  for  terms  of  one, 
two,  three,  four  and  five  years,  respectively,  from  the  date  of 
their  appointment,  but  thereafter  commissioners  shall  be 
appointed  as  aforesaid  for  a  term  of  office  of  five  years  except 
that  all  vacancies  shall  be  filled  for  the  unexpired  term.  No 
commissioner  of  an  authority  may  be  an  officer  or  employee 
of  the  municipality  for  which  the  authority  is  created.  A 
commissioner  shall  hold  office  until  his  successor  has  been 
appointed  and  has  qualified.  A  certificate  of  the  appointment 
or  reappointment  of  any  commissioner  shall  be  filed  with  the 
clerk  and  such  certificate  shall  be  conclusive  evidence  of  the 


1941]  Chapter  222  415 

due  and  proper  appointment  of  such  commissioner.  A  com- 
missioner shall  receive  no  compensation  for  his  services,  but 
he  shall  be  entitled  to  the  necessary  expenses,  including  travel- 
ing expenses,  incurred  in  the  discharge  of  his  duties. 

The  powers  of  each  authority  shall  be  vested  in  the  com- 
missioners thereof  in  office  from  time  to  time.  Three  commis- 
sioners shall  constitute  a  quorum  of  the  authority  for  the 
purpose  of  conducting  its  business  and  exercising  its  powers 
and  for  all  other  purposes.  Action  may  be  taken  by  the 
authority  upon  a  vote  of  a  majority  of  the  commissioners 
present,  unless  in  any  case  the  by-laws  of  the  authority  shall 
require  a  larger  number.  The  mayor  shall  designate  which 
of  the  commissioners  appointed  shall  be  the  first  chairman 
and  he  shall  serve  in  the  capacity  of  chairman  until  the  ex- 
piration of  his  term  of  office  as  commissioner.  When  the 
office  of  the  chairman  of  the  authority  thereafter  becomes 
vacant,  the  authority  shall  select  a  chairman  from  among  its 
commissioners.  An  authority  shall  select  from  among  its 
commissioners  a  vice-chairman,  and  it  may  employ  a  secretary 
(who  shall  be  executive  director),  technical  experts  and  such 
other  officers,  agents  and  employees,  permanent  and  tempo- 
rary, as  it  may  require,  and  shall  determine  their  qualifica- 
tions, duties  and  compensation.  For  such  legal  services  as  it 
may  require,  an  authority  may  call  upon  the  chief  law  officer 
of  the  municipality  or  may  employ  its  own  counsel  and  legal 
staff.  An  authority  may  delegate  to  one  or  more  of  its  agents 
or  employees  such  powers  or  duties  as  it  may  deem  proper. 

6.  Interested  Commissioners  or  Employees.  No  commis- 
sioner or  employee  of  an  authority  shall  acquire  any  interest 
direct  or  indirect  in  any  housing  project  or  in  any  property  in- 
cluded or  planned  to  be  included  in  any  project,  nor  shall  he 
have  any  interest  direct  or  indirect  in  any  contract  or  pro- 
posed contract  for  materials  or  services  to  be  furnished  or 
used  in  connection  with  any  housing  project.  If  any  commis- 
sioner or  employee  of  an  authority  owns  or  controls  an  inter- 
est direct  or  indirect  in  any  property  included  or  planned  to 
be  included  in  any  housing  project,  he  immediately  shall  dis- 
close the  same  in  writing  to  the  authority  and  such  disclosure 
shall  be  entered  upon  the  minutes  of  the  authority.  Failure 
so  to  disclose  such  interest  shall  constitute  misconduct  in 
office.     Upon  such  disclosure  such  commissioner  or  employee 


416  Chapter  222  [1941 

shall  not  participate  in  any  action  by  the  authority  affecting 
such  property. 

7.  Removal  of  Commissioners.  For  inefficiency  or  neglect 
of  duty  or  misconduct  in  office,  a  commissioner  of  an  authority 
may  be  removed  by  the  mayor,  but  a  commissioner  shall  be 
removed  only  after  he  shall  have  been  given  a  copy  of  the 
charges  at  least  ten  days  prior  to  the  hearing  thereon  and  had 
an  opportunity  to  be  heard  in  person  or  by  counsel.  In  the 
event  of  the  removal  of  any  commissioner,  a  record  of  the 
proceedings,  together  with  the  charges  and  findings  thereon, 
shall  be  filed  in  the  office  of  the  clerk. 

8.  Powers  of  Authority.  An  authority  shall  constitute  a 
public  body  corporate  and  politic,  exercising  public  and 
essential  governmental  functions,  and  having  all  the  powers 
necessary  or  convenient  to  carry  out  and  effectuate  the  pur- 
poses and  provisions  of  this  act,  including  the  following 
powers  in  addition  to  others  herein  granted: 

I.  To  sue  and  to  be  sued ;  to  have  a  seal  and  to  alter  the 
same  at  pleasure;  to  have  perpetual  succession;  to  make  and 
execute  contracts  and  other  instruments  necessary  or  con- 
venient to  the  exercise  of  the  powers  of  the  authority;  and 
to  make  and  from  time  to  time  amend  and  repeal  by-laws, 
rules  and  regulations,  not  inconsistent  with  this  act,  to  carry 
into  effect  the  powers  and  purposes  of  the  authority. 

II.  Within  its  area  of  operation:  to  prepare,  carry  out, 
acquire,  lease  and  operate  housing  projects;  to  provide  for  the 
construction,  reconstruction,  improvement,  alteration  or  re- 
pair of  any  housing  project  or  any  part  thereof. 

III.  To  arrange  or  contract  for  the  furnishing  by  any 
person  or  agency,  public  or  private,  of  services,  privileges, 
works,  or  facilities  for,  or  in  connection  with,  a  housing  project 
or  the  occupants  thereof;  and  (notwithstanding  anything 
to  the  contrary  contained  in  this  act  or  in  any  other  provision 
of  law)  to  include  in  any  contract  let  in  connection  with  a 
project,  stipulations  requiring  that  the  contractor  and  any 
subcontractors  comply  with  requirements  as  to  minimum 
wages  and  maximum  hours  of  labor,  and  comply  with  any 
conditions  which  the  federal  government  may  have  attached 
to  its  financial  aid  of  the  project. 

rV.  To  lease  or  rent  any  dwellings,  houses,  accom- 
modations, lands,  buildings,  structures  or  facilities  embraced 


1941]  Chapter  222  417 

in  any  housing  project  and  (subject  to  the  limitations  con- 
tained in  this  act)  to  establish  and  revise  the  rents  or  charges 
therefor ;  to  own,  hold,  and  improve  real  or  personal  property ; 
to  purchase,  lease,  obtain  options  upon,  acquire  by  gift,  grant, 
bequest,  devise,  or  otherwise  any  real  or  personal  property  or 
any  interest  therein;  to  acquire  by  the  exercise  of  the  power 
of  eminent  domain  any  real  property ;  to  sell,  lease,  exchange, 
transfer,  assign,  pledge  or  dispose  of  any  real  or  personal 
property  or  any  interest  therein;  to  insure  or  provide  for  the 
insurance  of  any  real  or  personal  property  or  operations  of 
the  authority  against  any  risks  or  hazards;  to  procure  or 
agree  to  the  procurement  of  insurance  or  guarantees  from  the 
federal  government  of  the  payment  of  any  bonds  or  parts 
thereof  issued  by  an  authority,  including  the  power  to  pay 
premiums  on  any  such  insurance. 

V.  To  invest  any  funds  held  in  reserves  or  sinking 
funds,  or  any  funds  not  required  for  immediate  disbursement, 
in  property  or  securities  in  which  savings  banks  may  legally 
invest  funds  subject  to  their  control;  to  purchase  its  bonds 
at  a  price  not  more  than  the  principal  amount  thereof  and 
accrued  interest,  all  bonds  so  purchased  to  be  cancelled. 

VI.  Within  its  area  of  operation;  to  investigate  into 
living,  dwelling  and  housing  conditions  and  into  the  means  and 
methods  of  improving  such  conditions;  to  determine  where 
slum  areas  exist  or  where  there  is  a  shortage  of  decent,  safe 
and  sanitary  dwelling  accommodations  for  persons  of  low  in- 
come; to  make  studies  and  recommendations  relating  to  the 
problem  of  clearing,  replanning  and  reconstructing  of  slum 
areas,  and  the  problem  of  providing  dwelling  accommodations 
for  persons  of  low  income,  and  to  cooperate  with  the  munici- 
pality, the  state  or  any  political  subdivision  thereof  in  action 
taken  in  connection  with  such  problems;  and  to  engage  in  re- 
search, studies  and  experimentation  on  the  subject  of  housing. 

VII.  Acting  through  one  or  more  commissioners  or 
other  person  or  persons  designated  by  the  authority;  to  con- 
duct examinations  and  investigations  and  to  hear  testimony 
and  take  proof  under  oath  at  public  or  private  hearings  on  any 
matter  or  material  for  its  information;  to  administer  oaths, 
issue  subpoenas  requiring  the  attendance  of  witnesses  or  the 
production  of  books  and  papers  and  to  issue  commissions  for 


418  Chapter  222  [1941 

the  examination  of  witnesses  who  are  outside  of  the  state  or 
unable  to  attend  before  the  authority,  or  excused  from  attend- 
ance; to  make  available  to  appropriate  agencies  (including 
those  charged  with  the  duty  of  abating  or  requiring  the 
correction  of  nuisances  or  like  conditions,  or  of  demolishing 
unsafe  or  insanitary  structures  within  its  area  of  operation) 
its  findings  and  recommendations  with  regard  to  any  building 
or  property  where  conditions  exist  which  are  dangerous  to  the 
public  health,  morals,  safety  or  welfare. 

VIII.    To   exercise  all  or  any  part  or  combination  of 
powers  herein  granted. 

No  provisions  of  law  with  respect  to  the  acquisition, 
operation  or  disposition  of  property  by  other  public  bodies 
shall  be  applicable  to  an  authority  unless  the  legislature  shall 
specifically  so  state. 

9.  Operation  Not  For  Profit.  It  is  hereby  declared  to  be 
the  policy  of  this  state  that  each  housing  authority  shall 
manage  and  operate  its  housing  projects  in  an  efficient  manner 
so  as  to  enable  it  to  fix  the  rentals  for  dwelling  accommodations 
at  the  lowest  possible  rates  consistent  with  its  providing  de- 
cent, safe  and  sanitary  dwelling  accommodations,  and  that 
no  housing  authority  shall  construct  or  operate  any  such 
project  for  profit,  or  as  a  source  of  revenue  to  the  munici- 
pality. To  this  end  an  authority  shall  fix  the  rentals  for 
dwellings  in  its  projects  at  no  higher  rates  than  it  shall  find 
to  be  necessary  in  order  to  produce  revenues  which  (together 
with  all  other  available  moneys,  revenues,  income  and 
receipts  of  the  authority  from  whatever  sources  derived)  will 
be  sufficient  (a)  to  pay,  as  the  same  become  due,  the  principal 
and  interest  on  the  bonds  of  the  authority;  (b)  to  meet  the 
cost  of,  and  to  provide  for,  maintaining  and  operating  the 
projects  (including  the  cost  of  any  insurance)  and  the  ad- 
ministrative expenses  of  the  authority;  and  (c)  to  create 
(during  not  less  than  the  six  years  immediately  succeeding 
its  issuance  of  any  bonds)  a  reserve  sufficient  to  meet  the 
largest  principal  and  interest  payments  which  will  be  due  on 
such  bonds  in  any  one  year  thereafter  and  to  maintain  such 
reserve. 

10.  Rentals  and  Tenant  Selection.  In  the  operation  or 
management  of  housing  projects  an  authority  shall  at  all 


1941]  Chapter  222  419 

times  observe  the  following  duties  with  respect  to  rentals 
and  tenant  selection:  (a)  It  may  rent  or  lease  the  dwelling 
accommodations  therein  only  to  persons  of  low  income  and 
at  rentals  within  the  financial  reach  of  such  persons  of  low  in- 
come; (b)  it  may  rent  or  lease  to  a  tenant  dwelling  accom- 
modations consisting  of  the  number  of  rooms  (but  no  greater 
number)  which  it  deems  necessary  to  provide  safe  and  sanitary 
accommodations  to  the  proposed  occupants  thereof,  without 
overcrowding;  and  (c)  it  shall  not  accept  any  person  as  a 
tenant  in  any  housing  project  if  the  person  or  persons  who 
would  occupy  the  dwelling  accommodations  have  an  annual 
net  income  in  excess  of  five  times  the  annual  rental  of  the 
quarters  to  be  furnished  such  person  or  persons,  except  that 
in  the  case  of  families  with  three  or  more  minor  dependents, 
such  ratio  shall  not  exceed  six  to  one ;  in  computing  the  rental 
for  this  purpose  of  selecting  tenants,  there  shall  be  included 
in  the  rental  the  average  annual  cost  (as  determined  by  the 
authority)  to  occupants  of  heat,  water,  electricity,  gas,  cook- 
ing range  and  other  necessary  services  or  facilities,  whether 
or  not  the  charge  for  such  services  and  facilities  is  in  fact  in- 
cluded in  the  rental. 

Nothing  contained  in  this  or  the  preceding  section  shall  be 
construed  as  limiting  the  power  of  an  authority  to  vest  in  an 
obligee  the  right,  in  the  event  of  a  default  by  the  authority, 
to  take  possession  of  a  housing  project  or  cause  the  appoint- 
ment of  a  receiver  thereof,  free  from  all  the  restrictions  im- 
posed by  this  or  the  preceding  section. 

11.  Cooperation  Between  Authorities.  Any  two  or  more 
authorities  may  join  or  cooperate  with  one  another  in  the 
exercise  of  any  or  all  of  the  powers  conferred  hereby  for  the 
purpose  of  financing,  planning,  undertaking,  constructing  or 
operating  a  housing  project  or  projects  located  within  the  area 
of  operation  of  any  one  or  more  of  said  authorities. 

12.  Eminent  Domain.  An  authority  shall  have  the  right 
to  acquire  by  the  exercise  of  the  power  of  eminent  domain 
any  real  property  which  it  may  deem  necessary  for  its  pur- 
poses under  this  act  after  the  adoption  by  it  of  a  resolution 
declaring  that  the  acquisition  of  the  real  property  described 
therein  is  necessary  for  such  purposes.  An  authority  may 
exercise  the  power  of  eminent  domain  in  the  manner  provided 


420  Chapter  222  [1941 

in  chapter  75,  Public  Laws  of  New  Hampshire,  1926,  and  acts 
amendatory  thereof  or  supplementary  thereto;  or  it  may 
exercise  the  power  of  eminent  domain  in  the  manner  provided 
by  any  other  applicable  statutory  provisions  for  the  exercise 
of  the  power  of  eminent  domain.  Property  already  devoted 
to  a  public  use  may  be  acquired  in  like  manner,  provided  that 
no  real  property  belonging  to  the  municipality,  the  state  or 
any  political  subdivision  thereof  may  be  acquired  without  its 
consent. 

Where  it  appears  to  the  satisfaction  of  the  court  at  any 
stage  of  the  proceedings,  upon  the  petition  of  the  authority, 
that  the  public  interest  will  be  prejudiced  by  delay,  the  court 
may,  after  such  notice  to  the  parties  in  interest  as  it  may 
prescribe,  which  notice,  however,  shall  not  be  less  than  eight 
days  and  may  be  by  posting  upon  the  property  or  by  pub- 
lication in  such  paper  or  papers  at  such  time  as  the  court  may 
require,  order  that  the  authority  be  permitted  to  enter 
immediately  upon  the  real  property  described  in  the  petition, 
or  any  part  thereof,  and  to  demolish  any  structures  located 
thereon,  and  to  proceed  with  the  construction  of  the  project 
thereon,  upon  depositing  with  the  court  a  sum  of  money  or 
in  lieu  thereof,  bonds  or  obligations  of  the  United  States  of 
equivalent  or  greater  value,  not  less  than  the  last  assessed 
valuation  of  the  property,  which  the  court  shall  find  to  be 
sufficient  for  the  protection  of  the  persons  who  may  be  en- 
titled to  the  award.  Such  deposit  or  the  proceeds  thereof 
shall  be  applied  so  far  as  it  may  be  necessary  for  that  pur- 
pose, to  the  payment  of  any  award  that  may  be  made,  with 
interest  thereon,  costs  and  expenses,  and  the  residue,  if  any, 
shall  be  returned  to  the  authority ;  in  the  event  of  a  deficiency 
in  the  sum  deposited,  the  authority  shall  pay  the  balance  to 
make  up  the  award  in  accordance  with  the  judgment. 

13.  Planning,  Zoning  and  Building  Laws.  All  housing 
projects  of  an  authority  shall  be  subject  to  the  planning,  zon- 
ing, sanitary  and  building  laws,  ordinances  and  regulations 
applicable  to  the  locality  in  which  the  housing  project  is 
situated.  In  the  planning  and  location  of  any  housing  project, 
an  authority  shall  take  into  consideration  the  relationship  of 
the  project  to  any  larger  plan  or  long-range  program  for  the 


1941]  Chapter  222  421 

development   of  the   area   in   which   the   housing   authority- 
functions. 

14.  Bonds.  An  authority  shall  have  power  to  issue  bonds 
from  time  to  time  in  its  discretion,  for  any  of  its  corporate 
purposes.  An  authority  shall  also  have  power  to  issue  re- 
funding bonds  for  the  purpose  of  paying  or  retiring  bonds 
previously  issued  by  it.  An  authority  may  issue  such  types 
of  bonds  as  it  may  determine,  including  (without  limiting  the 
generality  of  the  foregoing)  bonds  on  which  the  principal 
and  interest  are  payable :  (a)  exclusively  from  the  income  and 
revenues  of  the  housing  project  financed  with  the  proceeds 
of  such  bonds;  (b)  exclusively  from  the  income  and  revenues 
of  certain  designated  housing  projects  whether  or  not  they 
are  financed  in  whole  or  in  part  with  the  proceeds  of  such 
bonds;  or  (c)  from  its  revenues  generally.  Any  such  bonds 
may  be  additionally  secured  by  a  pledge  of  any  grant  or  con- 
tributions from  the  federal  government  or  other  source,  or  a 
pledge  of  any  income  or  revenues  of  the  authority,  or  a  mort- 
gage of  any  housing  project,  projects  or  other  property  of  the 
authority. 

Neither  the  commissioners  of  an  authority  nor  any  person 
executing  the  bonds  shall  be  liable  personally  on  the  bonds  by 
reason  of  the  issuance  thereof.  The  bonds  and  other  obliga- 
tions of  an  authority  (and  such  bonds  and  obligations  shall 
so  state  on  their  face)  shall  not  be  a  debt  of  the  municipality, 
the  state  or  any  political  subdivision  thereof  and  neither  the 
municipality,  the  state  or  any  political  subdivision  thereof 
shall  be  liable  thereon,  nor  in  any  event  shall  such  bonds  or 
obligations  be  payable  out  of  any  funds  or  properties  other 
than  those  of  said  authority.  The  bonds  shall  not  constitute 
an  indebtedness  within  the  meaning  of  any  debt  limitation  or 
restriction.  Bonds  of  an  authority  are  declared  to  be  issued 
for  an  essential  public  and  governmental  purpose  and  to  be 
public  instrumentalities  and,  together  with  interest  thereon 
and  income  therefrom,  shall  be  exempt  from  taxes. 

15.  Form  and  Sale  of  Bonds.  Bonds  of  an  authority  shall 
be  authorized  by  its  resolution  and  may  be  issued  in  one  or 
more  series  and  shall  bear  such  date  or  dates,  mature  at  such 
time  or  times,  bear  interest  at  such  rate  or  rates,  not  ex- 
ceeding six  per  cent  per  annum,  be  in  such  denomination  or 
denominations,  be  in  such  form,  either  coupon  or  registered. 


422  Chapter  222  [1941 

carry  such  conversion  or  registration  privileges,  have  such  a 
rank  or  priority,  be  executed  in  such  manner,  be  payable  in 
such  medium  of  payment,  at  such  place  or  places,  and  be  sub- 
ject to  such  terms  of  redemption  (with  or  without  premium) 
as  such  resolution,  its  trust  indenture  or  mortgage  may 
provide. 

The  bonds  may  be  sold  at  public  or  private  sale  at  not  less 
than  par. 

In  case  any  of  the  commissioners  or  officers  of  the  authority 
whose  signatures  appear  on  any  bonds  or  coupons  shall  cease 
to  be  such  commissioners  or  officers  before  the  delivery  of 
such  bonds,  such  signatures  shall,  nevertheless,  be  valid  and 
sufficient  for  all  purposes,  the  same  as  if  such  commissioners 
or  officers  had  remained  in  office  until  such  delivery.  Any  pro- 
vision of  any  law  to  the  contrary  notwithstanding,  any  bonds 
issued  pursuant  to  this  act  shall  be  fully  negotiable. 

In  any  suit,  action  or  proceedings  involving  the  validity  or 
enforceability  of  any  bond  of  an  authority  or  the  security 
therefor,  any  such  bond  reciting  in  substance  that  it  has  been 
issued  by  the  authority  to  aid  in  financing  a  housing  project 
to  provide  dwelling  accommodations  for  persons  of  low  income 
shall  be  conclusively  deemed  to  have  been  issued  for  a  housing 
project  of  such  character  and  said  project  shall  be  conclusively 
deemed  to  have  been  planned,  located  and  constructed  in 
accordance  with  the  purposes  and  provisions  of  this  act. 

16.  Provisions  of  Bonds,  Trust  Indentures,  and  Mortgages. 
In  connection  with  the  issuance  of  bonds  or  the  incurring  of 
obligations  under  leases  and  in  order  to  secure  the  payment 
of  such  bonds  or  obligations,  an  authority,  in  addition  to  its 
other  powers,  shall  have  power : 

I.  To  pledge  all  or  any  part  of  its  gross  or  net  rents, 
fees  or  revenues  to  which  its  right  then  exists  or  may  there- 
after come  into  existence. 

II.  To  mortgage  all  or  any  part  of  its  real  or  personal 
property,  then  owned  or  thereafter  acquired. 

III.  To  covenant  against  pledging  all  or  any  part  of  its 
rents,  fees  and  revenues,  or  against  mortgaging  all  or  any 
part  of  its  real  or  personal  property,  to  which  its  right  or  title 
then  exists  or  may  thereafter  come  into  existence  or  against 
permitting  or  suffering  any  lien  on  such  revenues  or  property ; 


1941]  Chapter  222  423 

to  covenant  with  respect  to  limitations  on  its  right  to  sell, 
lease  or  otherwise  dispose  of  any  housing  project  or  any  part 
thereof;  and  to  covenant  as  to  what  other,  or  additional  debts 
or  obligations  may  be  incurred  by  it. 

IV.  To  covenant  as  to  the  bonds  to  be  issued  and  as  to 
the  issuance  of  such  bonds  in  escrow  or  otherwise,  and  as  to 
the  use  and  disposition  of  the  proceeds  thereof ;  to  provide  for 
the  replacement  of  lost,  destroyed  or  mutilated  bonds;  to 
covenant  against  extending  the  time  for  the  payment  of  its 
bonds  or  interest  thereon;  and  to  redeem  the  bonds,  and  to 
covenant  for  their  redemption  and  to  provide  the  terms  and 
conditions  thereof. 

V.  To  covenant  (subject  to  the  limitations  contained  in 
this  act)  as  to  the  rents  and  fees  to  be  charged  in  the 
operation  of  a  housing  project  or  projects,  the  amount  to  be 
raised  each  year  or  other  period  of  time  by  rents,  fees  and 
other  revenues,  and  as  to  the  use  and  disposition  to  be  made 
thereof;  to  create  or  to  authorize  the  creation  of  special  funds 
for  moneys  held  for  construction  or  operating  costs,  debt 
service,  reserves,  or  other  purposes,  and  to  covenant  as  to  the 
use  and  disposition  of  the  moneys  held  in  such  funds. 

VI.  To  prescribe  the  procedure,  if  any,  by  which  the 
terms  of  any  contract  with  bondholders  may  be  amended  or 
abrogated,  the  amount  of  bonds  the  holders  of  which  must 
consent  thereto  and  the  manner  in  which  such  consent  may  be 
given. 

VII.  To  covenant  as  to  the  use  of  any  or  all  of  its  real 
or  personal  property;  and  to  covenant  as  to  the  maintenance 
of  its  real  and  personal  property ;  the  replacement  thereof,  the 
insurance  to  be  carried  thereon  and  the  use  and  disposition  of 
insurance  moneys. 

VIII.  To  covenant  as  to  the  rights,  liabilities,  powers 
and  duties  arising  upon  the  breach  by  it  of  any  covenant, 
condition,  or  obligation;  and  to  covenant  and  prescribe  as  to 
events  of  default  and  terms  and  conditions  upon  which  any 
or  all  of  its  bonds  or  obligations  shall  become  or  may  be  de- 
clared due  before  maturity,  and  as  to  the  terms  and  con- 
ditions upon  which  such  declaration  and  its  consequences  may 
be  waived. 

IX.  To  vest  in  a  trustee  or  trustees  or  the  holders  of 


424  Chapter  222  [1941 

bonds  or  any  proportion  of  them  the  right  to  enforce  the  pay- 
ment of  the  bonds  or  any  covenants  securing  or  relating  to 
the  bonds;  to  vest  in  a  trustee  or  trustees  the  right,  in  the 
event  of  a  default  by  said  authority,  to  take  possession  and 
use,  operate  and  manage  any  housing  project  or  part  thereof, 
and  to  collect  the  rents  and  revenues  arising  therefrom  and 
to  dispose  of  such  moneys  in  accordance  with  the  agreement 
of  the  authority  with  said  trustee;  to  provide  for  the  powers 
and  duties  of  a  trustee  or  trustees  and  to  limit  the  liabilities 
thereof;  and  to  provide  the  terms  and  conditions  upon  which 
the  trustee  or  trustees  or  the  holders  of  bonds  or  any  pro- 
portion of  them  may  enforce  any  covenant  or  rights  securing 
or  relating  to  the  bonds. 

X.  To  exercise  all  or  any  part  or  combination  of  the 
powers  herein  granted;  to  make  covenants  other  than  and  in 
addition  to  the  covenants  herein  expressly  authorized,  of  like 
or  different  character;  to  make  such  covenants  and  to  do  any 
and  all  such  acts  and  things  as  may  be  necessary  or  convenient 
or  desirable  in  order  to  secure  its  bonds,  or,  in  the  absolute 
discretion  of  said  authority,  as  will  tend  to  make  the  bonds 
more  marketable  notwithstanding  that  such  covenants,  acts 
or  things  may  not  be  enumerated  herein. 

17.  Remedies  of  an  Obligee  of  Authority.  An  obligee  of 
an  authority  shall  have  the  right  in  addition  to  all  other  rights 
which  may  be  conferred  on  such  obligee,  subject  only  to  any 
contractual  restrictions  binding  upon  such  obligee: 

I.  By  mandamus,  suit,  action  or  proceeding  at  law  or  in 
equity  to  compel  said  authority  and  the  commissioners, 
officers,  agents  or  employees  thereof  to  perform  each  and 
every  term,  provision  and  covenant  contained  in  any  contract 
of  said  authority  with  or  for  the  benefit  of  such  obligee,  and 
to  require  the  carrying  out  of  any  or  all  such  covenants  and 
agreements  of  said  authority  and  the  fulfillment  of  all  duties 
imposed  upon  said  authority  by  this  act. 

II.  By  suit,  action  or  proceeding,  in  equity,  to  enjoin  any 
acts  or  things  which  may  be  unlawful,  or  the  violation  t)f  any 
of  the  rights  of  such  obligee  of  said  authority. 

18.  Additional  Remedies  Conferable  by  Authority.  An 
authority  shall  have  power  by  its  resolution,  trust  indenture, 
mortgage,  lease  or  other  contract  to  confer  upon  any  obligee 


1941]  Chapter  222  425 

holding  or  representing  a  specified  amount  in  bonds,  or  hold- 
ing a  lease,  the  right  (in  addition  to  all  rights  that  may  other- 
wise be  conferred),  upon  the  happening  of  an  event  of  default 
as  defined  in  such  resolution  or  instrument,  by  suit,  action  or 
proceeding  in  any  court  of  competent  jurisdiction: 

I.  To  cause  possession  of  any  housing  project  or  any 
part  thereof  to  be  surrendered  to  any  such  obligee. 

XL  To  obtain  the  appointment  of  a  receiver  of  any 
housing  project  of  said  authority  or  any  part  thereof  and  of 
the  rents  and  profits  therefrom.  If  such  receiver  he 
appointed,  he  may  enter  and  take  possession  of  such  housing 
project  or  any  part  thereof  and  operate  and  maintain  same, 
and  collect  and  receive  all  fees,  rents,  revenues,  or  other 
charges  thereafter  arising  therefrom,  and  shall  keep  such 
moneys  in  a  separate  account  or  accounts  and  apply  the  same 
in  accordance  with  the  obligations  of  said  authority  as  the 
court  shall  direct. 

III.  To  require  said  authority  and  the  commissioners 
thereof  to  account  as  if  it  and  they  were  the  trustees  of  an 
express  trust. 

19.  Exemption  of  Property  from  Execution  Sale.  All  real 
property  of  an  authority  shall  be  exempt  from  levy  and  sale 
by  virtue  of  an  execution,  and  no  execution  or  other  judicial 
process  shall  issue  against  the  same  nor  shall  any  judgment 
against  an  authority  be  a  charge  or  lien  upon  its  real  prop- 
erty; provided,  however,  that  the  provision  of  this  section 
shall  not  apply  to  or  limit  the  right  of  obligees  to  foreclose  or 
otherwise  enforce  any  mortgage  of  an  authority  or  the  right 
of  obligees  to  pursue  any  remedies  for  the  enforcement  of  any 
pledge  or  lien  given  by  an  authority  on  its  rents,  fees  or 
revenues. 

20.  Aid  from  Federal  Government.  In  addition  to  the 
powers  conferred  upon  an  authority  by  other  provisions  of 
this  act,  an  authority  is  empowered  to  borrow  money  or  accept 
contributions,  grants  or  other  financial  assistance  from  the 
federal  government  for  or  in  aid  of  any  housing  project  with- 
in its  area  of  operation,  to  take  over  or  lease  or  manage  any 
housing  project  or  undertaking  constructed  or  owned  by  the 
federal  government,  and  to  these  ends,  to  comply  with  such 
conditions  and  enter  into  such  mortgages,  trust  indentures. 


426  Chapter  222  [1941 

leases  or  agreements  as  may  be  necessary,  convenient  or  de- 
sirable. It  is  the  purpose  and  intent  of  this  act  to  authorize 
every  authority  to  do  any  and  all  things  necessary  or  desir- 
able to  secure  the  financial  aid  or  cooperation  of  the  federal 
government  in  the  undertaking,  construction,  maintenance  or 
operation  of  any  housing  project  by  such  authority. 

21.  Tax  Exemption  and  Payments  in  Lieu  of  Taxes.  The 
property  of  an  authority  is  declared  to  be  public  property 
used  for  essential  public  and  governmental  purposes  and  such 
property  and  an  authority  shall  be  exempt  from  all  taxes  and 
special  assessments  of  the  state  or  any  political  subdivision 
thereof;  provided,  however,  that  in  lieu  of  such  taxes  an 
authority  may  agree  to  make  payments  to  the  political  sub- 
division for  improvements,  services  and  facilities  furnished  by 
such  subdivision  for  the  benefit  of  a  housing  project,  but  in 
no  event  shall  such  payments  exceed  the  amount  last  levied 
as  the  annual  tax  of  such  subdivision  upon  the  property  in- 
cluded in  said  project  prior  to  the  time  of  its  acquisition  by 
the  authority. 

22.  Cooperation  in  Undertaking  Housing  Projects.  For 
the  purpose  of  aiding  and  cooperating  in  the  planning,  under- 
taking, construction  or  operation  of  housing  projects  located 
within  the  area  in  which  it  is  authorized  to  act,  any  munici- 
pality may  upon  such  terms,  with  or  without  consideration, 
as  it  may  determine: 

I.  Dedicate,  sell,  convey  or  lease  any  of  its  interest  in 
any  property,  or  grant  easements,  licenses  or  any  other  rights 
or  privileges  therein  to  a  housing  authority  or  the  federal 
government ; 

II.  Cause  parks,  playgrounds,  recreational,  community, 
educational,  water,  sewer  or  drainage  facilities,  or  any  other 
works  which  it  is  otherwise  empowered  to  undertake,  to  be 
furnished  adjacent  to  or  in  connection  with  housing  projects; 

III.  Furnish,  dedicate,  close,  pave,  install,  grade,  regrade, 
plan  or  replan  streets,  roads,  roadways,  alleys,  sidewalks  or 
other  places  which  it  is  otherwise  empowered  to  undertake ; 

IV.  Plan  or  replan,  zone  or  rezone  any  part  of  such 
municipality;  make  exceptions  from  its  building  regulations 
and  ordinances ;  and  may  change  its  map ; 

V.  Cause  services  to  be  furnished  to  the  housing  author- 


1941]  Chapter  222  427 

ity  of  the  character  which  such  municipality  is  otherwise  em- 
powered to  furnish; 

VI.  Enter  into  agreements  with  respect  to  the  exercise 
by  such  municipality  of  its  powers  relating  to  the  repair, 
elimination  or  closing  of  unsafe,  insanitary  or  unfit  dwellings ; 

VII.  Employ  (notwithstanding  the  provisions  of  any 
other  law)  any  funds  belonging  to  or  within  the  control  of 
such  municipality,  including  funds  derived  from  the  sale  or 
furnishing  of  property  or  facilities  to  a  housing  authority, 
in  the  purchase  of  the  bonds  of  a  housing  authority;  and 
exercise  all  the  rights  of  any  holder  of  such  bonds; 

VIII.  Do  any  and  all  things,  necessary  or  convenient  to 
aid  and  cooperate  in  the  planning,  undertaking,  construction 
or  operation  of  such  housing  projects; 

IX.  Incur  the  entire  expense  of  any  public  improve- 
ments made  by  such  municipality  in  exercising  the  powers 
granted  in  this  act;  and 

X.  Enter  into  agreements  (which  may  extend  over  any 
period,  notwithstanding  any  provision  or  rule  of  law  to  the 
contrary),  with  a  housing  authority  respecting  action  to  be 
taken  by  such  municipality  pursuant  to  any  of  the  powers 
granted  by  this  act.  Any  law  or  statute  to  the  contrary  not- 
withstanding, any  sale,  conveyance,  lease  or  agreement  pro- 
vided for  in  this  section  may  be  made  by  a  municipality  with- 
out appraisal,  public  notice,  advertisement  or  public  bidding. 

XL  With  respect  to  any  housing  project  which  a  hous- 
ing authority  has  acquired  or  taken  over  from  the  federal 
government  and  which  the  housing  authority  by  resolution 
has  found  and  declared  to  have  been  constructed  in  a  manner 
that  will  promote  the  public  interest  and  afford  necessary 
safety,  sanitation  and  other  protection,  no  municipality  shall 
require  any  changes  to  be  made  in  the  housing  project  or  the 
manner  of  its  construction  or  take  any  other  action  relating 
to  such  construction. 

23.  Agreements  as  to  Payments  by  Housing  Authority.  In 
connection  with  any  housing  project  located  wholly  or  partly 
within  the  area  in  which  it  is  authorized  to  act,  any  city  or 
taxing  power  thereof  may  agree  with  a  housing  authority  or 
the  federal  government  that  a  certain  sum  (in  no  event  to 
exceed  the  amount  last  levied  as  the  annual  tax  of  such  body 


428  Chapter  222  [1941 

upon  the  property  included  in  said  project  prior  to  the  time 
of  its  acquisition  by  the  housing  authority)  or  that  no  sum, 
shall  be  paid  by  the  authority  in  lieu  of  taxes  for  any  year  or 
period  of  years. 

24.  Advances  to  Housing  Authority.  Any  municipality  in 
which  a  housing  authority  has  been  created  shall  have  the 
power  from  time  to  time  to  lend  or  donate  money  to  such 
authority  or  to  agree  to  take  such  action.  Such  housing 
authority,  when  it  has  money  available  therefor,  shall  make 
reimbursements  for  all  such  loans  made  to  it. 

25.  Procedure  for  Exercising  Powers.  The  exercise  by  a 
municipality  of  the  powers  herein  granted  may  be  authorized 
by  resolution  of  the  governing  body  of  such  municipality 
adopted  by  a  majority  of  the  members  of  its  governing  body 
present  at  a  meeting  of  said  governing  body,  which  resolu- 
tion may  be  adopted  at  the  meeting  at  which  such  resolution 
is  introduced.  Such  a  resolution  or  resolutions  shall  take 
effect  immediately  and  need  not  be  laid  over  or  published  or 
posted. 

26.  Reports.  At  least  once  a  year  an  authority  shall  file 
with  the  clerk  a  report  of  its  activities  for  the  preceding  year, 
and  shall  make  recommendations  with  reference  to  such  addi- 
tional legislation  or  other  action  as  it  deems  necessary  to 
carry  out  the  purposes  of  this  act. 

27.  Severability.  Notwithstanding  any  other  evidence  of 
legislative  intent,  it  is  hereby  declared  to  be  the  controlling 
legislative  intent  that  if  any  provision  of  this  act,  or  the 
application  thereof  to  any  person  or  circumstances,  is  held 
invalid,  the  remainder  of  the  act  and  the  application  of  such 
provision  to  persons  or  circumstances  other  than  those  as  to 
which  it  is  held  invalid,  shall  not  be  affected  thereby. 

28.  Act  Controlling.  In  so  far  as  the  provisions  of  this 
act  are  inconsistent  with  the  provisions  of  any  other  law,  the 
provisions  of  this  act  shall  be  controlling. 

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

[Approved  June  13,  1941.] 


1941]  Chapter  223  429 

CHAPTER  223. 

AN  ACT  RELATING  TO  REIMBURSEMENT  OF  TOWNS  FOR  LOSS 
OF  TAXES  ON  PUBLIC  FOREST  LANDS. 

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

1.  Loss  of  Taxes  on  Public  Forest  Lands.  Amend  chapter 
192,  Public  Laws  by  inserting  after  section  21  (section  28, 
chapter  226,  commissioners'  report)  the  following  new  sec- 
tions: 21-a.  Reimbursement;  Application.  In  any  year  in 
which  no  state  tax  is  levied,  any  town  in  which  national  or 
state  forest  reserve  lands  are  situated,  whether  acquired  by 
gift,  purchase  or  in  any  other  manner,  may  apply,  by  its 
selectmen,  to  the  tax  commission,  annually,  before  September 
first,  for  reimbursement  of  an  amount  not  exceeding  one- 
half  the  taxes  for  all  purposes  which  such  town  might  have 
received  from  taxes  on  said  lands  in  such  year  had  said  lands 
been  taxable.  21-b.  Procedure.  Application  for  such  re- 
imbursement shall  be  made  upon  blanks  provided  by  the  tax 
commission  which  shall  call  for  such  information  as  they 
deem  necessary.  The  tax  commission,  on  the  facts  set  forth 
in  such  return  shall  fix  an  amount  for  reimbursement  as 
equity  may  require,  subject  to  the  limitations  herein  provided. 
After  the  tax  commission  has  made  known  its  decision  on 
such  petition  a  town  dissatisfied  with  the  amount  may  request 
by  its  selectmen  a  hearing  within  thirty  days  from  the  date 
of  such  decision  and  the  commission  shall  hold  a  hearing 
thereon,  after  giving  due  notice  to  the  selectmen.  21-c.  Pay- 
ment. If  reimbursement  is  allowed  the  commission  shall 
certify  the  fact  and  the  amount  to  the  governor  who  shall 
draw  his  warrant  on  the  state  treasury  out  of  any  money  not 
otherwise  appropriated  authorizing  payment  of  the  sum  so 
specified  to  such  town  on  or  before  December  first  of  each 
year. 

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

[Approved  June  13,  1941.] 


430  Chapter  224  [1941 

CHAPTER  224. 

AN  ACT  RELATING  TO  MOTOR  VEHICLES  CARRYING  PASSENGERS 

FOR  HIRE. 

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

NEW  HAMPSHIRE  MOTOR  CARRIER  ACT 

Passengers 

1.  Declaration  of  Policy.  It  is  hereby  declared  to  be  the 
policy  of  the  legislature  to  provide  for  proper  regulation  of 
the  transportation  of  passengers  by  motor  vehicle  upon  the 
highways  of  this  state,  subject  to  the  provisions  of  this  act 
so  administered  as  to  recognize  and  preserve  the  inherent 
advantages  of  such  transportation,  to  promote  safe,  adequate, 
economical  and  efficient  service  by  passenger  motor  carriers, 
and  reasonable  charges  therefor,  without  unjust  discrimina- 
tion, undue  preferences  or  advantages  or  unfair  or  destructive 
competitive  practices;  improve  the  relations  between,  and  co- 
ordinate transportation  by  and  the  regulation  of  passenger 
motor  carriers  and  other  carriers;  develop  and  preserve  a 
highway  passenger  transportation  system  properly  adapted 
to  the  needs  of  the  state  and  to  promote  safety  upon  its  high- 
ways in  the  interest  of  its  citizens.  The  provisions  of  this 
act  shall  be  administered  and  enforced  with  a  view  to  carry- 
ing out  the  above  declaration  of  policy. 

2.  Definition  of  Terms.  The  following  words  and  phrases 
as  used  in  this  act  shall  have  the  following  meanings,  unless 
the  context  clearly  requires  otherwise: 

I.  The  term  "commission"  means  the  public  service 
commission. 

II.  The  term  "person"  means  any  individual,  firm,  co- 
partnership, corporation,  company,  association  or  joint-stock 
association,  railroad  corporation,  including  any  trustee,  ad- 
ministrator, executor,  receiver,  assignee  or  other  personal 
representative  thereof. 

III.  The  term  "motor  carrier"  includes  both  a  common 
carrier  and  a  contract  carrier  of  passengers  by  motor  vehicle. 

IV.  The  term  "common  carrier  of  passengers"  means 
any  person  who  holds  himself  out  to  the  public  as  willing  to 


1941]  Chapter  224  431 

undertake  to  transport  by  motor  vehicle,  either  upon  fixed 
route  or  on  call  operations,  passengers  or  passengers  and 
their  baggage  between  points  in  this  state  for  compensation 
for  all  who  may  choose  to  employ  him. 

V.  The  term  "regular  route  common  carrier"  means  any 
common  carrier  of  passengers  by  motor  vehicle  who  operates 
over  regular  routes  between  points  within  this  state. 

VI.  The  term  "irregular  route  common  carrier"  means 
any  common  carrier  of  passengers  by  motor  vehicle  who 
operates  over  irregular  routes  between  points  within  this 
state. 

VII.  The  term  "contract  carrier  of  passengers"  means 
any  person  engaged  in  the  transportation  of  passengers  by 
motor  vehicle  for  compensation  for  a  particular  person  or 
persons  to  or  from  a  particular  place  under  separate  agree- 
ment or  agreements  in  vehicles  having  a  manufacturer's  rated 
seating  capacity  of  more  than  seven  passengers. 

VIII.  The  term  "certificate"  means  a  certificate  of  public 
convenience  and  necessity  issued  under  the  provisions  of  this 
act  to  a  common  carrier  of  passengers  by  motor  vehicle. 

IX.  The  term  "permit"  means  a  permit  issued  under  the 
provisions  of  this  act  to  a  contract  carrier  of  passengers  by 
motor  vehicle. 

X.  The  term  "highway"  means  the  roads,  highways, 
streets  and  ways  laid  out  for  and  used  generally  by  the  public. 

3.  Exemptions.  There  shall  be  exempt  from  the  pro- 
visions of  this  act  (1)  motor  vehicles  while  employed  solely  in 
transporting  school  children  and  teachers  to  or  from  the 
school  for  which  such  arrangements  are  within  the  super- 
vision or  control  of  the  local  or  appropriate  state  school  board 
authorities;  or  (2)  taxicabs,  or  other  motor  vehicles  perform- 
ing a  bona  fide  taxicab  service,  having  a  manufacturer's  rated 
capacity  of  not  more  than  seven  passengers;  or  (3)  motor 
vehicles  owned  or  operated  by  hotels  which  are  used  ex- 
clusively for  the  transportation  of  hotel  patrons  between 
hotels  and  local  railroad  or  other  common  carrier  stations ;  or 
(4)  motor  vehicles  while  engaged  exclusively  in  work  for  any 
branch  of  the  government  of  the  United  States  or  for  any  de- 
partment of  this  state,  or  for  any  county,  city,  town  or  village ; 
or  (5)  motor  vehicles  while  engaged  exclusively  in  the  de- 
livery of  the  United  States  mail. 


432  Chapter  224  [1941 

4.  Common  Carrier  Certificate  Required.  No  person  shall 
engage  in  the  business  of  operating  a  motor  vehicle  as  a 
common  carrier  of  passengers  between  points  in  this  state 
unless  he  holds  a  certificate  issued  by  the  commission  author- 
izing such  operations;  provided,  however,  that,  if  he  or  his 
predecessor  in  interest,  including  street  railways  operating 
motor  vehicles  in  substitution  for  or  in  connection  with  street 
car  operations,  was  engaged  in  bona  fide  operation  as  a  common 
carrier  over  regular  or  irregular  routes,  by  motor  vehicle,  as 
provided  by  the  definitions  in  section  2  (V)  and  (VI)  of  this 
act,  on  the  date  of  the  passage  of  this  act,  over  the  route  or 
routes  or  within  the  territory  for  which  application  is  made 
and  has  so  operated  since  that  time,  or,  if  engaged  in  furnish- 
ing seasonal  service  only,  was  in  bona  fide  operation  on  said 
date,  during  the  season  ordinarily  covered  by  its  operation, 
except  in  either  instance  as  to  interruptions  of  service  over 
which  the  applicant  or  his  predecessor  in  interest  had  no  con- 
trol, the  commission  shall  issue  such  certificate  without  re- 
quiring further  proof  that  the  public  convenience  and 
necessity  will  be  served  by  such  operation,  and  without 
further  proceedings,  if  application  for  such  certificate  is  made 
to  the  commission  as  provided  by  section  9  on  or  before 
April  1,  1942.  Otherwise  the  application  for  such  certificate 
shall  be  decided  in  accordance  with  the  procedure  provided 
for  in  sections  5  or  8  of  this  act  and  such  certificate  shall  be 
issued  or  denied  accordingly.  Pending  action  on  any  such 
application  the  continuance  of  such  operation  shall  be  lawful. 

5.  Issuance  of  Common  Carrier  Certificates.  A  certificate 
shall  be  issued  to  any  qualified  applicant  therefor,  authorizing 
the  whole  or  any  part  of  the  operations  covered  by  the 
application,  if  it  is  found  that  the  applicant  is  fit,  willing  and 
able  properly  to  perform  the  service  proposed  and  to  conform 
to  provisions  of  this  act  and  the  requirements,  rules  and 
regulations  issued  by  the  commission  thereunder,  and  that 
the  proposed  service,  to  the  extent  to  be  authorized  by  the 
certificate,  is  or  will  be  required  by  the  present  or  future  public 
convenience  and  necessity ;  otherwise  such  application  shall  be 
denied;  provided,  however,  that  regular  route  common 
carriers  operating  pursuant  to  Public  Laws,  chapter  258  on 
the  effective  date  of  this  act  shall  not  require  further  proof 
of  public  convenience  and  necessity  for  such  operations. 


1941]  Chapter  224  433 

6.  Terms  and  Conditions  of  Certificates.  Each  certificate 
issued  under  sections  4  or  5  shall  specify  the  service  to  be 
rendered  and  the  routes  over  which,  the  fixed  termini,  if  any, 
between  which,  and  in  case  of  operations  not  over  specified 
routes  or  between  fixed  termini  the  territory  within  which, 
the  motor  carrier  is  authorized  to  operate.  The  commission 
may  impose  upon  the  exercise  of  the  privileges  granted  by  the 
certificate,  at  the  time  of  its  issuance  or  from  time  to  time 
thereafter,  such  reasonable  terms,  conditions  and  limitations 
as  the  public  convenience  and  necessity  may  require,  provided, 
however,  that  no  terms,  conditions,  or  limitations  shall  restrict 
the  right  of  the  carrier  to  add  to  his  or  its  equipment  and 
facilities  over  the  routes,  between  the  termini  or  within  the 
territory  specified  in  the  certificate,  as  the  development  of  the 
business  and  the  demands  of  the  public  shall  require. 

A  common  carrier  by  motor  vehicle  operating  under  such 
certificate  may  deviate  from  the  route  over  which  it  is  author- 
ized to  operate  under  the  certificate,  under  such  general  or 
special  rules  and  regulations  as  the  commission  may  prescribe 
or  when  highway  conditions  are  such  that  operations  over 
such  regular  routes  are  impracticable. 

A  certificate  for  the  transportation  of  passengers  may  in- 
clude authority  to  transport  in  the  same  vehicle  with  the 
passengers,  newspapers,  baggage  of  passengers,  express,  or 
mail,  or  to  transport  baggage  of  passengers  in  a  separate 
vehicle. 

7.  Contract  Carrier  Permit  Required.  No  person  shall 
engage  in  the  business  of  operating  a  motor  vehicle  as  a  con- 
tract carrier  of  passengers  between  points  in  this  state  unless 
he  holds  a  permit  issued  by  the  commission,  authorizing  such 
operations;  provided,  however,  that  if  he  or  his  predecessor 
in  interest  was  engaged  in  bona  fide  operation  as  a  contract 
carrier  by  motor  vehicle,  as  provided  by  the  definitions  in 
section  2  (VII)  of  this  act,  on  the  date  of  the  passage  of  this 
act,  over  the  routes  or  within  the  territory  for  which  applica- 
tion is  made  and  has  so  operated  since  that  time,  or,  if  en- 
gaged in  furnishing  seasonal  service  only,  was  in  bona  fide 
operation  on  said  date,  during  the  season  ordinarily  covered 
by  his  operations,  except  in  either  instance  as  to  interruptions 
of  service  over  which  the  applicant  or  his  predecessor  in  in- 


434  Chapter  224  [1941 

terest  had  no  control,  the  commission  shall  issue  such  permit 
without  further  proceedings,  if  application  for  such  permit 
is  made  to  the  commission  as  provided  in  section  8  of  this  act 
and  on  or  before  April  1,  1942.  Otherwise  the  application 
for  such  permit  shall  be  decided  in  accordance  with  the  pro- 
cedure provided  for  in  section  8  of  this  act  and  such  permit 
shall  be  issued  or  denied  accordingly.  Pending  action  on  any- 
such  application,  the  continuance  of  such  operation  shall  be 
lawful.  Any  person  not  included  within  the  foregoing  pro- 
visions of  this  paragraph  who  is  engaged  in  transportation  as 
a  contract  carrier  by  motor  vehicle  when  this  section  takes 
effect,  may  continue  such  operation  until  April  1,  1942  with- 
out a  permit,  and,  if  application  for  such  permit  is  made  by 
said  date,  the  carrier  may,  under  such  regulations  as  the 
commission  shall  prescribe,  continue  such  operation  until 
otherwise  ordered  by  the  commission. 

8.  Issuance  of  Contract  Carrier  Permits.  A  permit  shall 
be  issued  to  any  qualified  applicant  therefor  authorizing  in 
whole  or  in  part  the  operations  covered  by  the  application,  if 
it  appears  from  the  application  or  from  any  hearing  held 
thereon,  that  the  applicant  is  fit,  willing,  and  able  properly  to 
perform  the  service  of  a  contract  carrier  by  motor  vehicle, 
and  to  conform  to  the  provisions  of  this  act  and  the  lawful 
requirements,  rules  and  regulations  of  the  commission  there- 
under, and  that  the  proposed  operation,  to  the  extent  author- 
ized by  the  permit,  will  be  consistent  with  the  public  interest 
and  the  policy  declared  in  section  1  of  this  act ;  otherwise  such 
application  shall  be  denied.  The  commission  shall  specify  in 
the  permit  the  business  of  the  contract  carrier  covered  there- 
by and  the  scope  thereof  and  shall  attach  to  it,  at  the  time  of 
issuance,  and  from  time  to  time  thereafter,  such  reasonable 
terms,  conditions,  and  limitations  consistent  with  the 
character  of  the  holder  as  a  contract  carrier  as  are  necessary 
to  carry  out,  with  respect  to  the  operations  of  such  carrier, 
the  requirements  established  by  the  commission  under  the 
provisions  of  this  act;  provided,  however,  that  no  terms, 
conditions,  or  limitations  shall  restrict  the  right  of  the  carrier 
to  substitute  or  add  contracts  within  the  scope  of  the  permit, 
or  to  add  to  his  or  its  equipment  and  facilities,  within  the 
scope  of  the  permit,  as  the  development  of  the  business  and 
the  demands  of  the  public  may  require. 


1941]  Chapter  224  435 

9.  Applications  for  Certificates  and  Permits.  Application 
for  certificates  and  permits  required  in  sections  4  and  7  shall 
be  made  in  writing  to  the  commission,  verified  under  oath, 
accompanied  by  the  proper  fee,  shall  be  in  such  form  and  shall 
contain  such  information,  as  the  commission  shall,  by  regu- 
lation, require.  Any  person,  not  included  within  the  pro- 
visions of  sections  4  or  7,  who  is  engaged  in  transportation  of 
passengers  between  points  in  this  state  as  a  common  or  con- 
tract carrier  by  motor  vehicle  when  this  act  takes  effect  may 
continue  such  operation  until  April  1,  1942  without  a  certifi- 
cate or  permit  and,  if  application  for  such  certificate  or  per- 
mit is  made  to  the  commission  by  said  date,  the  carrier,  may, 
under  such  regulations  as  the  commission  may  prescribe,  con- 
tinue such  operation  until  otherwise  ordered  by  the  com- 
mission. 

10.  Suspension,  Change  and  Revocation  of  Certificates  and 
Permits.  Certificates  and  permits  issued  under  the  pro- 
visions of  this  act  authorizing  operations  as  a  motor  carrier 
shall  be  effective  from  the  date  specified  therein  and  shall  re- 
main in  effect  until  suspended,  revoked  or  terminated  as  here- 
in provided.  The  commission  may,  after  notice  and  hearing, 
upon  application  or  upon  its  own  initiative  amend,  suspend,  or 
revoke  any  such  certificate  or  permit,  in  whole  or  in  part,  for 
wilful  failure  to  comply  with  any  provision  of  this  act  or  with 
any  lawful  order,  rule  or  regulation  of  the  commission  promul- 
gated thereunder  or  with  any  term,  condition  or  limitation  of 
such  certificate  or  permit. 

11.  Discontinuance  of  Operations.  Except  as  provided  in 
section  10,  the  holder  of  a  certificate  authorizing  regular  route 
operations  shall  not  discontinue  operations  carried  on  there- 
under without  the  consent  of  the  commission. 

12.  Transfer  of  Certificates  and  Permits.  No  certificate  or 
permit,  nor  any  rights  thereunder  shall  be  transferred  with- 
out the  approval  of  the  commission. 

13.  Security  for  the  Protection  of  Passengers.  No  certifi- 
cate or  permit  issued  to  a  motor  carrier  under  the  provisions 
of  this  act  shall  remain  in  effect  unless  such  carrier  shall  file 
with  the  commission,  and  keep  in  force,  an  insurance  policy 
or  indemnity  bond,  in  such  form  and  in  such  reasonable 
amount  as  the  commission  may  require,  providing  for  the  pay- 


436  Chapter  224  [1941 

ment  of  any  final  judgment  recovered  against  such  motor 
carrier  for  bodily  injuries  to,  or  the  death  of  any  person  using 
the  facilities  of  motor  carriers  of  passengers  resulting  from 
the  negligent  operation,  maintenance,  or  use  of  motor  vehicles 
under  such  certificate  or  permit. 

14.  Rates,  Fares  and  Charges.  Every  common  carrier  of 
passengers  by  motor  vehicle  shall  file  with  the  commission  and 
shall  print  and  keep  open  to  public  inspection,  schedules  show- 
ing the  rates,  fares,  charges  and  prices  for  the  transportation 
of  passengers  and  their  baggage  or  for  any  service  rendered 
or  to  be  rendered,  within  such  time,  in  such  form  and  with 
such  detail,  as  the  commission  may  prescribe.  Unless  the 
commission  otherwise  orders,  no  change  shall  be  made  in  any 
such  rate,  fare,  charge  or  price,  which  shall  have  been  filed 
or  published  in  compliance  with  this  section,  except  after 
thirty  days'  notice  to  the  commission  and  such  notice  to  the 
public  as  the  commission  shall  direct. 

15.  Discrimination  Prohibited.  It  shall  be  unlawful  for 
any  common  carrier  by  motor  vehicle  engaged  in  transpor- 
tation between  points  in  this  state  to  make,  give,  or  cause  any 
undue  or  unreasonable  preference  or  advantage  to  any  par- 
ticular person  or  locality,  in  any  respect  whatsoever,  or  to 
subject  any  particular  person  or  locality  to  any  unjust  dis- 
crimination or  any  undue  or  unreasonable  prejudice  or  dis- 
advantage in  any  respect  whatsoever. 

16.  Complaints;  Investigation.  Whenever,  after  hearing, 
upon  complaint  or  in  an  investigation  on  its  own  initiative, 
the  commission  shall  be  of  the  opinion  that  any  rate,  fare  or 
charge,  demanded,  charged  or  collected  or  proposed  to  be 
collected  by  any  common  carrier  or  carriers  by  motor  vehicle, 
or  by  any  such  carrier  in  conjunction  with  any  other  common 
carriers,  for  transportation  of  persons  between  points  in  this 
state,  or  any  classification,  rule,  regulation  or  practice  what- 
soever of  such  carrier  or  carriers  affecting  such  rate,  fare 
or  charge,  is  or  will  be  unjust,  unreasonable,  unlawful  or  un- 
justly discriminatory  or  unduly  preferential  or  prejudicial,  it 
shall  determine  the  lawful  rate,  fare  or  charge  or  the 
maximum  or  minimum  or  maximum  and  minimum  rate,  fare 
or  charge  thereafter  to  be  observed,  or  the  lawful  classi- 
fication, rule,  regulation  or  practice   thereafter   to   be   made 


1941]  Chapter  224  437 

effective  and  the  commission  shall,  whenever  deemed  by  it  to 
be  necessary  or  desirable  in  the  public  interest,  after  hear- 
ing, upon  complaint  or  upon  its  own  initiative  without  a  com- 
plaint, establish  through  routes  and  joint  rates,  fares,  charges, 
regulations,  or  practices,  applicable  to  the  transportation  of 
passengers,  by  common  carriers  by  motor  vehicle  or  the 
maxima  or  minima,  or  maxima  and  minima,  to  be  charged, 
and  the  terms  and  conditions  under  which  such  through 
routes  shall  be  operated. 

17.  Adherence  to  Tariffs.  No  common  carrier  by  motor 
vehicle  shall  charge  or  demand  or  collect  or  receive  a  greater 
or  less  or  different  compensation  for  transportation  or  for  any 
service  in  connection  therewith  between  the  points  enumerated 
in  such  tariff  than  the  rates,  fares,  and  charges  specified  in 
the  tariffs  in  effect  at  the  time;  and  no  such  carrier  shall  re- 
fund or  remit  in  any  manner  or  by  any  device,  directly  or  in- 
directly, or  through  any  agent  or  otherwise,  any  portion  of 
the  rates,  fares,  or  charges  so  specified,  or  extend  to  any  per- 
son any  privileges  or  facilities  for  transportation  between 
points  in  this  state  except  such  as  are  specified  in  its  tariffs. 

18.  Schedules  of  Minimum  Rates  and  Contracts.  It  shall 
be  the  duty  of  every  contract  carrier  of  passengers  by  motor 
vehicle  to  file  with  the  commission,  publish,  post  and  keep 
open  for  public  inspection  in  the  form  and  manner  prescribed 
by  the  commission,  schedules  of  minimum  charges  or,  in  the 
discretion  of  the  commission,  copies  of  contracts  of  such 
carrier  for  the  transportation  of  passengers  between  points  in 
this  state,  and  any  rule,  regulation  or  practice  affecting  such 
charges  and  the  value  of  the  service  thereunder.  No  such 
carrier  shall  demand,  charge  or  collect  a  less  compensation  for 
such  transportation  than  the  charges  filed  in  accordance  with 
this  section,  as  affected  by  any  rule,  regulation  or  practice  so 
filed,  and  it  shall  be  unlawful  for  any  such  carrier,  by  the 
furnishing  of  special  services,  facilities  or  privileges,  or  by 
any  other  device  whatsoever  to  charge,  accept  or  receive  less 
than  the  minimum  charges  so  filed;  provided,  however,  that 
any  such  carrier  or  carriers,  or  any  class  or  group  thereof, 
may  apply  to  the  commission  for  relief  from  the  provisions  of 
this  section,  and  the  commission  may  grant  such  relief  to 
such  extent  and  for  such  time,  and  in  such  manner  as  in  its 


438  Chapter  224  [1941 

opinion  is  consistent  with  the  pubhc  interest  and  the  policy 
declared  in  section  1  of  this  act. 

19.  Investigation  by  the  Commission.  Whenever,  after 
hearing,  upon  complaint  or  upon  its  own  initiative,  the  com- 
mission is  of  the  opinion  that  any  charge  of  any  contract 
carrier  by  motor  vehicle  or  any  rule,  regulation  or  practice  of 
any  such  carrier  affecting  such  charge  for  the  transportation 
of  passengers  upon  the  highways,  contravenes  the  policy  de- 
clared in  section  1  or  causes  an  undue  or  unreasonable  ad- 
vantage or  preference  to  any  such  carrier  in  competition  with 
any  other  carrier,  the  commission,  giving  due  consideration  to 
the  cost  of  services  rendered  by  such  carrier,  may  prescribe 
such  charge,  rule,  regulation  or  practice  as  in  its  judgment 
may  be  necessary  or  desirable  in  the  public  interest. 

20.  Accounts,  Records  and  Reports.  The  commission  is 
hereby  authorized  to  require  annual  reports  from  all  motor 
carriers,  subject  to  the  provisions  of  this  act,  to  prescribe  the 
manner  and  form  in  which  such  reports  shall  be  made,  and  to 
require  from  such  carriers  specific  answers  to  all  questions 
upon  which  the  commission  may  deem  information  to  be 
necessary.  Such  report  shall  be  under  oath  whenever  the 
commission  so  requires.  The  commission  may  also  require 
any  motor  carrier  operating  under  the  provisions  of  this  act 
to  file  with  it  a  true  copy  of  each  or  any  contract,  agreement 
or  arrangement  between  such  carrier  and  any  other  carrier  or 
person  in  relation  to  any  traffic  affected  by  the  provisions  of 
this  act,  to  which  he  or  it  may  be  a  party.  The  commission 
may,  in  its  discretion,  prescribe  the  forms  of  any  and  all 
accounts,  records  and  memoranda  to  be  kept  by  motor 
carriers  and  the  length  of  time  that  such  accounts,  records 
and  memoranda  shall  be  preserved,  including  the  accounts, 
records  and  memoranda  of  the  movement  of  traffic,  as  well  as 
of  the  receipts  and  expenditures  of  money.  The  commission 
or  its  duly  authorized  representatives  shall  at  all  reasonable 
times  have  access  to  all  accounts  and  records,  including  all 
documents,  papers  and  correspondence  now  or  hereafter  ex- 
isting, and  kept,  or  required  to  be  kept,  by  motor  carriers  sub- 
ject to  this  act.  This  provision  shall  apply  to  receivers  of 
carriers  and  to  operating  trustees,  and  to  the  extent  deemed 
necessary  by  the  commission,  to  persons  having  control,  direct 
or  indirect,  over  or  affiliated  with  any  motor  carrier. 


1941]  Chapter  224  439 

21.  General  Duties  and  Powers  of  the  Commission.    It 

shall  be  the  duty  of  the  commission : 

I.  To  regulate  common  and  contract  carriers  by  motor 
vehicle  as  provided  in  this  act,  and  to  that  end  the  commission 
may  establish  reasonable  requirements  and  regulations  with 
respect  to  reasonable  and  adequate  service,  transportation  of 
baggage  and  express,  uniform  systems  of  accounts,  records, 
and  reports,  preservation  of  records  and  safety  of  operation 
and  equipment. 

II.  To  administer,  execute,  and  enforce  all  other  provisions 
of  this  act,  to  make  all  necessary  orders  in  connection  there- 
with, and  to  prescribe  rules,  regulations,  and  procedure  for 
such  administration. 

22.  Investigations  and  Orders.  Upon  complaint  in  writing 
by  any  person,  organization,  or  body  politic,  or  upon  its  own 
initiative,  the  commission  may  investigate  whether  any  motor 
carrier  has  failed  to  comply  with  any  provision  of  this  act, 
or  with  any  requirement  established  pursuant  thereto.  If 
the  commission,  after  notice  and  hearing,  finds  upon  any  such 
investigation  that  the  motor  carrier  has  failed  to  comply 
with  any  such  provision  or  requirement,  the  commission  may 
issue  an  appropriate  order  to  compel  the  carrier  to  comply 
therewith.  Whenever  the  commission  is  of  the  opinion  that 
any  complaint  does  not  state  reasonable  grounds  for  investi- 
gation and  action  on  its  part,  it  may  dismiss  such  complaint. 
Procedure  to  be  followed  in  connection  with  an  appeal  from 
any  order  of  the  commission  shall  be  in  accordance  with 
Public  Laws,  chapter  239  and  amendments  thereto. 

23.  Investigation;  Inspectors.  Every  motor  carrier  while 
operating  in  the  course  of  its  business  in  this  state,  when  re- 
quested to  do  so  by  a  duly  authorized  representative  of  the 
commission  who  displays  the  proper  insignia  of  his  office,  shall 
stop  and  submit  his  motor  vehicle  to  such  reasonable  ex- 
amination as  may  be  necessary  to  inform  the  representative 
of  the  condition  thereof.  Any  such  carrier  who,  personally  or 
by  his  agent,  violates  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  more  than  twenty-five  dollars.  For 
the  purpose  of  enforcing  this  act  and  the  rules  and  regulations 
prescribed  by  the  commission  pursuant  to  the  provisions 
thereof,  authorized  representatives  of  the  commission  shall 


440  Chapter  224  [1941 

have  the  powers  of  a  deputy  sheriff  in  any  county  in  this 
state. 

24.  Vehicles  to  be  Registered.  Each  motor  carrier  hold- 
ing a  certificate  or  a  permit  under  the  provisions  of  this  act 
shall  annually  apply  to  the  commission  on  blanks  to  be 
furnished  by  it,  for  the  registration  of  each  vehicle  operated 
under  the  provisions  of  such  certificate  or  permit  and  pay  to 
said  commission  fees  as  provided  for  in  section  25.  Upon  re- 
ceipt of  such  application  and  fee  a  distinguishing  number 
plate  or  plates  and  registration  certificate  shall  be  furnished 
by  the  commission  for  each  vehicle  applied  for  and  said  plates 
shall  be  prominently  displayed  on  the  vehicle  in  such  manner 
as  the  commission  shall  prescribe.  No  such  plates  shall  be 
transferred  from  one  vehicle  to  another,  except  upon  author- 
ity and  with  the  consent  of  the  commission  and  upon  pay- 
ment of  the  fee  prescribed  in  section  25.  Registration  cer- 
tificates and  number  plates  issued  under  the  provisions  of  this 
section  shall  be  used  coincidental  with,  and  shall  expire  with 
the  corresponding  registration  certificate  and  number  plates 
issued  by  the  motor  vehicle  department  of  this  state;  pro- 
vided however,  that  if  the  vehicle  so  registered  as  a  motor 
carrier  is  not  registered  with  the  motor  vehicle  department 
of  this  state  said  carrier  registration  certificate  and  number 
plates  shall  expire  with  March  thirty-first  next  following  the 
date  of  issue. 

25.  Fees.  There  shall  be  paid  to  the  commission,  the 
following  fees: 

I.  For  each  application  for  common  or  contract  carrier 
of  passengers  for  which  a  certificate  or  permit  is  issued  pur- 
suant to  sections  4  or  7,  two  dollars; 

II.  For  each  application  for  common  or  contract  carrier 
of  passengers  for  which  a  certificate  or  permit  is  issued  pur- 
suant to  sections  5  or  8,  ten  dollars; 

III.  For  the  annual  registration  of  each  vehicle  used  in 
common  carriage  of  passengers,  five  dollars ; 

IV.  For  the  annual  registration  of  each  vehicle  used  in 
contract  carriage  of  passengers  unless  registered  for  use  as 
a  common  carrier,  three  dollars; 

V.  For  each  transfer  of  a  motor  vehicle  registration 
certificate  of  a  common  or  contract  carrier  of  passengers,  one 
dollar. 


1941]  Chapter  224  441 

26.  Temporary  Certificates  and  Permits.  To  enable  the 
provision  of  service  for  which  there  is  an  immediate  and 
urgent  need  to  a  point  or  points  or  within  a  territory  having 
no  carrier  service  capable  of  meeting  such  need,  the  commis- 
sion may,  in  its  discretion  and  without  hearings  or  other  pro- 
ceedings, grant  temporary  authority  for  such  service  by  a 
common  carrier  or  contract  carrier  by  motor  vehicle,  as  the 
case  may  be.  Such  temporary  authority,  unless  suspended  or 
revoked  for  good  cause,  shall  be  valid  for  such  time  as  the 
commission  shall  specify  but  for  not  more  than  an  aggregate 
of  sixty  days,  and  shall  create  no  presumption  that  corres- 
ponding permanent  authority  will  be  granted  thereafter. 
Pending  determination  and  approval  by  the  commission  of  a 
transfer  or  lease  as  provided  for  in  section  12,  the  commission 
may,  in  its  discretion  and  without  hearings  or  other  proceed- 
ings, grant  temporary  approval  for  a  period  not  exceeding 
sixty  days  of  the  operation  of  the  motor  carrier  certificate  or 
permit  sought  to  be  acquired  by  the  person  proposing  to 
acquire  such  certificate  or  permit,  if  it  shall  appear  that  failure 
to  grant  such  temporary  approval  may  result  in  undue  inter- 
ference with  the  performance  of  adequate  and  continuous 
service  to  the  public.  Transportation  service  rendered  under 
such  temporary  authority  shall  be  subject  to  all  applicable  pro- 
visions of  this  act  and  to  the  rules,  regulations  and  require- 
ments of  the  commission  issued  thereunder. 

27.  Penalty.  Any  person  violating  any  provision  of  this 
act,  or  any  rule,  regulation,  requirement  or  order  issued  there- 
under, or  any  term  or  condition  of  any  certificate,  permit  or 
license,  shall  upon  conviction  be  fined  not  more  than  one  hun- 
dred dollars  for  the  first  offense  and  not  more  than  five  hun- 
dred dollars  for  any  subsequent  offense.  Each  day  of  such 
violation  shall  constitute  a  separate  offense.  Any  person, 
whether  carrier,  officer,  employee,  agent  or  representative 
thereof,  who  shall  knowingly  offer,  grant  or  give,  or  solicit, 
accept,  or  receive  any  rebate,  concession  or  discrimination  in 
violation  of  any  provision  of  this  act,  or  who  by  means  of  any 
false  or  fictitious  bill,  receipt,  voucher,  roll,  account,  claim, 
certificate,  affidavit,  deposition,  lease  or  bill  of  sale,  or  by  any 
other  means  or  device,  shall  knowingly  and  wilfully  assist, 
suffer  or  permit  any  person  or  persons,  natural  or  artificial, 


442  Chapter  225  [1941 

to  obtain  transportation  of  passengers  subject  to  this  act  for 
less  than  the  applicable  rate,  fare  or  charge,  or  who  shall 
knowingly  and  wilfully  by  any  such  means  or  otherwise 
fraudulently  seek  to  evade  or  defeat  regulation  as  in  this  act 
provided  for  motor  carriers,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  be  fined  not  more  than 
one  hundred  dollars  for  the  first  offense  and  not  more  than 
one  thousand  dollars  for  any  subsequent  offense. 

28.  Disposition  of  Revenues.  All  fees  and  fines  collected 
pursuant  to  the  provisions  of  this  act  shall  be  made  available 
to  the  commission  for  use  in  the  administration  and  enforce- 
ment of  this  act. 

29.  Separability  of  Provisions.  If  any  provision  of  this 
act,  or  the  application  thereof  to  any  person,  or  commerce,  or 
circumstance,  is  held  invalid,  the  remainder  of  this  act  and 
the  application  of  such  provision  to  other  persons,  or  com- 
merce, or  circumstances  shall  not  be  affected  thereby. 

30.  Repeal.  Chapter  258  of  the  Public  Laws  (chapter  295 
of  commissioners'  report)  is  hereby  repealed,  effective  April  1, 
1942.  Section  8  of  chapter  106,  Laws  of  1933  (chapter  281, 
section  8,  commissioners'  report)  is  hereby  repealed  upon  the 
passage  of  this  act. 

31.  Takes  Effect.  This  act  shall  take  effect  and  be  in  force 
on  and  after  April  1,  1942,  except  that,  following  approval  of 
this  act  the  commission  shall  have  authority  to  anticipate 
said  effective  date  by  promulgating  in  advance  such  pro- 
cedures, rules  and  regulations  as  may  be  necessary  to  the  ad- 
ministration hereof,  and  the  commission  shall  have  authority 
to  receive  applications  for  certificates  and  permits  in  con- 
formance with  the  provisions  hereof  after  the  passage  of  this 
act. 

[Approved  June  13,  1941.] 


CHAPTER  225. 

JOINT  RESOLUTION  IN  FAVOR  OF  GUY  S.  NEAL  AND  OTHERS. 

Resolved   by  the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That   Guy   S.   Neal,    sergeant-at-arms   of   the   house,    be 
allowed  the  sum  of  eighteen  dollars;  that  Raymond  B.  Lake- 


1941]  Chapter  226  443 

man,  sergeant-at-arms  of  the  senate,  be  allowed  the  sum  of 
twenty-seven  dollars;  that  Benjamin  H.  Bragg  be  allowed  the 
sum  of  sixteen  dollars;  that  William  W.  Allen  be  allowed  the 
sum  of  sixteen  dollars;  that  W.  P.  Hazelton  be  allowed  the 
sum  of  twenty-four  dollars;  that  Harold  Fournier  be  allowed 
the  sum  of  twenty  dollars ;  that  Herbert  M.  Thyng  be  allowed 
the  sum  of  four  dollars;  that  Charles  F.  Adams  be  allowed 
the  sum  of  twelve  dollars;  that  Charles  Bean  be  allowed  the 
sum  of  twelve  dollars;  that  Palmer  C.  Reid  be  allowed  the 
sum  of  eight  dollars ;  that  Robert  L.  Stark  be  allowed  the  sum 
of  three  dollars;  that  Edward  Jones  be  allowed  the  sum  of 
twelve  dollars;  that  Herbert  McCoy  be  allowed  the  sum  of 
five  dollars;  that  Edward  Jacques  be  allowed  the  sum  of 
twenty  dollars;  that  Alice  V.  Flanders  be  allowed  the  sum  of 
sixteen  dollars;  that  Marion  C.  Colby  be  allowed  the  sum  of 
twelve  dollars;  that  Paul  Amos  Mansur  be  allowed  the  sum 
of  sixteen  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  22,  1941.] 


CHAPTER  226. 


JOINT  RESOLUTION  IN  FAVOR  OP  MOUNT  WASHINGTON 
OBSERVATORY. 

Resolved  by   the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

That  the  sum  of  twelve  hundred  dollars  ($1,200)  be  and 
hereby  is  appropriated  for  the  year  beginning  July  1,  1941, 
and  a  like  sum  for  the  year  beginning  July  1,  1942,  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  climbing  Mount 
Washington  and  for  other  work  of  said  corporation.  Said 
sums  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  13,  1941.] 


444  Chapters  227, 228  [1941 

CHAPTER  227. 

JOINT   RESOLUTION    RELATING    TO    THE    TRANSFER    TO    GRAFTON 

COUNTY    OF    FUNDS    REMAINING    IN    THE    HANDS    OF    THE 

STATE  TREASURER  TO  THE  CREDIT  OF  THE  TOWN  OF 

LIVERMORE. 

Whereas,  there  is  in  the  hands  of  the  state  treasurer  to  the 
credit  of  the  town  of  Livermore  the  sum  of  one  thousand  three 
hundred  seventy  dollars  and  eighty-six  cents;  and 

Whereas,  upon  the  termination  of  the  town  of  Livermore 
as  a  territorial  entity  there  remained  to  be  supported  a  public 
charge  of  that  town;  and 

Whereas,  said  public  charge  has  now  deceased  and  the 
county  of  Grafton  has  expended  over  two  thousand  dollars  in 
his  care  and  support;  now,  therefore. 

Resolved   by   the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

The  sum  of  one  thousand  three  hundred  seventy  dollars  and 
eighty-six  cents  ($1,370.86)  now  in  the  hands  of  the  state 
treasurer  to  the  credit  of  the  town  of  Livermore  is  hereby 
appropriated  to  the  use  of  the  county  of  Grafton,  and  the 
state  treasurer  is  authorized  to  execute  the  documents 
necessary  to  effect  such  a  transfer. 

[Approved  March  18,  1941.] 


CHAPTER  228. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  GEORGE  Y. 

EMERSON. 

Resolved   by   the  Senate   and  Hou^e   of  Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  directed  to  pay  to  the  estate 
of  George  Y.  Emerson  the  balance  of  salary  due  said  decedent 
as  a  member  of  the  house  of  representatives . 

[Approved  March  25,  1941.] 


1941]  Chapters  229, 230, 231  445 

CHAPTER  229. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  CLARA  B.  C. 
ROSE  OTHERWISE  KNOWN  AS  CLARA  B.  ROZEWSKI. 

Resolved   by  the  Senate  and  Hoicse  of  Representatives  in 
General  Court  convened: 

That  the  sum  of  four  hundred  seventy-five  dollars  ($475) 
be  and  hereby  is  allowed  John  H.  Colby,  executor  of  the  estate 
of  Clara  B.  C.  Rose,  otherwise  known  as  Clara  B.  Rozewski, 
late  of  Manchester,  the  said  sum  being  overpayment  of  inheri- 
tance tax  by  said  estate  to  the  state  of  New  Hampshire.  The 
governor  is  hereby  authorized  to  draw  his  warrant  for  said 
sum  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

[Approved  March  27,  1941.] 


CHAPTER  230. 


JOINT  RESOLUTION  MAKING  AN  APPROPRIATION  FOR  THE  DREDG- 
ING OF  THE  ENTRANCE  TO  THE  CHANNEL  TO  BIG  SQUAM 
LAKE  IN  THE  TOWN   OF   HOLDERNESS. 

Resolved  by  the  Senate  and  Hotise  of  Representatives  in 
General  Court  convened: 

That  the  sum  of  five  hundred  dollars  ($500)  be  and  hereby 
is  appropriated  for  the  year  1941  for  the  purpose  of  dredging 
the  entrance  to  the  channel  to  Big  Squam  lake  in  the  town  of 
Holderness.  The  sum  hereby  appropriated  shall  be  expended 
under  the  direction  of  the  highway  department  and  the  gov- 
ernor is  hereby  authorized  to  draw  his  warrant  for  said  sum 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

[Approved  April  2,  1941.] 


CHAPTER  231. 

JOINT  RESOLUTION  IN  FAVOR  OF  CHARLES  E.  STEVENS. 

Resolved  by  the  Senate  and  Hou^e   of  Representatives   in 
General  Court  convened: 
That  the  sum  of  four  thousand  nine  hundred  and  ten 
dollars  and  thirty-one  cents    ($4,910.31)    be  and  hereby  is 


446  Chapter  232  [1941 

appropriated  for  compensation  and  expenses  on  account  of  an 
accident  suffered  by  Charles  E.  Stevens  of  Warren  while  work- 
ing on  a  state  highway  on  June  6,  1939  as  follows:  One 
thousand  dollars  to  said  Charles  E.  Stevens,  upon  the  passage 
of  this  resolution,  and  ten  dollars  per  week  for  a  period  of  two 
hundred  weeks;  three  hundred  and  eighty  dollars  to  Olga 
Chiaradia,*  R.  N. ;  six  hundred  and  fourteen  dollars  to  H.  C. 
Pickwick,  M.  D.,  Lisbon;  fifty  dollars  to  D.  M.  Miller,  M.  D., 
Woodsville;  forty-seven  dollars  and  fifty  cents  to  F.  J. 
Kasheta,  M.  D.,  Warren;  four  hundred  and  seventy-four 
dollars  and  seventy-six  cents  to  Cottage  Hospital,  Woodsville; 
one  hundred  sixteen  dollars  and  five  cents  to  Mary  Hitchcock 
Memorial  Hospital,  Hanover;  two  hundred  twenty-eight 
dollars  to  Hitchcock  Clinic,  Hanover.  The  sums  hereby  appro- 
priated shall  be  a  charge  upon  the  highway  funds  and  shall 
be  in  full  settlement  of  the  above  claims. 
[Approved  April  2,  1941.] 


CHAPTER  232. 

JOINT  RESOLUTION  IN  FAVOR  OF  MILLARD  KIDDER. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  fifteen  hundred  and  sixty  dollars  ($1,560) 
be  and  hereby  is  allowed  and  appropriated  to  compensate 
Millard  Kidder,  of  Lebanon,  for  injuries  suffered  by  him  while 
working  for  the  state  highway  department  on  a  sand  bank  in 
West  Lebanon  on  February  15,  1939.  The  sum  hereby  appro- 
priated shall  be  paid  to  said  Millard  Kidder  as  follows:  The 
sum  of  six  hundred  dollars  ($600)  upon  passage  of  this  reso- 
lution, and  the  sum  of  five  dollars  ($5)  per  week  for  one  hun- 
dred and  ninety-two  weeks.  The  sum  hereby  appropriated 
shall  be  a  charge  upon  the  highway  funds,  shall  be  in  full 
settlement  of  the  above  claim,  and  shall  be  in  addition  to  the 
compensation  heretofore  allowed  said  Millard  Kidder  from  the 
highway  department  for  said  injuries. 

[Approved  April  8,  1941.] 


*  See  also  Chapter  240,  post. 


1941]  Chapters  233, 234, 235  447 

CHAPTER  233. 

JOINT  RESOLUTION  IN   FAVOR  OF  HARRY  FRANKLIN. 

Resolved   by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

That  the  sum  of  two  hundred  dollars  ($200)  be  and  hereby 
is  appropriated  and  allowed  Harry  Franklin  of  Lyme  for  in- 
juries he  received  on  June  5,  1939,  while  in  the  employ  of  the 
state  highway  department.  The  sum  hereby  appropriated 
shall  be  a  charge  upon  the  highway  funds,  and  shall  be  in  full 
settlement  of  said  claim. 

[Approved  April  15,  1941.] 


CHAPTER  234. 

JOINT  RESOLUTION   IN  FAVOR  OF  OLIVER  HADLEY. 

Resolved   by   the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  two  thousand  dollars  ($2,000)  be  and  here- 
by is  appropriated  to  pay  Oliver  Hadley  for  personal  injuries 
and  expense  sustained  thereby  caused  by  an  accident  near 
Dixville  Notch  on  July  3,  1929,  involving  the  premature  ex- 
plosion of  dynamite  on  highway  construction  work;  and  said 
sum  shall  be  a  charge  upon  the  highway  funds  and  shall  be  in 
full  settlement  for  said  claim. 

[Approved  April  15,  1941.] 


CHAPTER  235. 

JOINT  RESOLUTION  IN  FAVOR  OF  FRED  H.  BENT. 

Resolved   by   the  Senate   and  Hov^e   of  Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  authorized  and 
directed  to  pay  to  Fred  H.  Bent  of  Waltham,  Massachusetts, 
the  sum  of  ten  dollars  and  sixteen  cents  ($10.16)  which  rep- 
resents the  amount  belonging  to  said  Bent  which  was  turned 
into  the  state  treasury  in  1912  upon  the  liquidation  of  the 


448  Chapter  236  [1941 

Mechanics  Savings  Bank  of  Nashua  and  which  was  not 
claimed  by  said  owner  within  the  time  specified  by  statute. 
The  governor  is  hereby  authorized  to  draw  his  warrant  for 
said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

[Approved  May  20,  1941.] 


CHAPTER  236. 

JOINT     RESOLUTION     AUTHORIZING     THE     APPOINTMENT     OF     A 

COMMITTEE  TO  INVESTIGATE  THE  ADVISABILITY  OF  ERECTING 

WITHIN  THE  STATE  AN  EXHIBITION  AND  CONVENTION 

BUILDING. 

Whereas,  the  exhibition  of  the  products  of  agriculture, 
industry,  commerce  and  the  arts  for  the  education  and  im- 
provement of  the  people  of  the  state  is  essential  to  the  state's 
progress  and 

Whereas,  the  convening  from  time  to  time  of  the  people  of 
the  state  for  the  study  of  their  common  interests  is  essential 
to  their  progress  and  that  of  the  state  and 

Whereas,  there  is  no  suitable  building  of  sufficient  size 
available  in  the  state  for  such  purposes  and 

Whereas,  the  lack  of  such  an  exhibition  and  convention 
building  has  made  it  necessary  to  cancel  for  an  indefinite 
period  in  the  future  a  New  Hampshire  agricultural  exhibition, 
of  a  type  unsurpassed  in  the  nation ;  therefore  be  it 

Resolved   by   the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  the  governor  and  council  be  and  hereby  are  author- 
ized to  appoint  a  special  committee  of  five  members  to  in- 
vestigate the  advisability  of  erecting  at  a  suitable  place  with- 
in the  state  an  adequate  convention  and  exhibition  building. 
Said  committee  shall  make  a  report  of  its  findings  and  recom- 
mendations to  the  governor  on  or  before  December  1,  1942, 
to  be  by  him  presented  to  the  1943  legislature. 

[Approved  May  20,  1941.] 


1941]  Chapters  237, 238, 239  449 

CHAPTER  237. 

JOINT  RESOLUTION  IN  FAVOR  OF  WILLIAM  R.  STEVENS. 

Resolved   by   the  Senate  and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  five  hundred  dollars  ($500)  be  and  here- 
by is  appropriated  to  compensate  William  R.  Stevens  of  the 
town  of  Piermont  for  accidental  injuries  suffered  by  him  on 
June  10,  1939,  while  in  the  employ  of  the  state  highway  de- 
partment. An  additional  sum  of  ninety-two  dollars  and  fifty 
cents  ($92.50)  is  likewise  appropriated  to  cover  doctor's  bills 
incurred  by  said  William  R.  Stevens  in  connection  with  the 
aforesaid  accident.  The  sums  hereinbefore  appropriated 
shall  be  in  full  settlement  of  claim  by  said  William  R.  Stevens 
for  injuries  received  in  said  accident  and  shall  be  a  charge 
upon  the  highway  funds. 

[Approved  May  22,  1941.] 


CHAPTER  238. 

JOINT  RESOLUTION  IN  FAVOR  OF  MANENA  RIVERS. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  directed  to  pay  to  Manena 
Rivers,  the  balance  of  salary  due  Harry  J.  Rivers,  deceased 
member  of  the  house  of  representatives  from  Laconia. 

[Approved  May  22,  1941.] 


CHAPTER  239. 


JOINT  RESOLUTION  MAKING  APPROPRIATION  FOR  THE  Y.  D.  CON- 
VENTION TO  BE  HELD  IN  THE  CITY  OF  MANCHESTER. 

Resolved   by   the  Senate   and  Hou^e   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  three  thousand  dollars  ($3,000)  be  and 
hereby  is  appropriated  for  the  purpose  of  contributing  to- 
wards the  expenses  of  the  National  Y.  D.  Convention  to  be 


450  Chapters  240, 241  [1941 

held  in  the  city  of  Manchester  in  June,  1941.     The  governor 
is  authorized  to  draw  his  warrant  for  said  sum  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 
[Approved  May  27,  1941.] 


CHAPTER  240. 

JOINT  RESOLUTION  IN  FAVOR  OF  OLGA  CHIARADIA.* 

Resolved  by   the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  one  hundred  and  seventy-two  dollars 
($172)  be  and  hereby  is  appropriated  to  compensate  Olga 
Chiaradia,  R.  N.,  for  services  in  connection  with  an  injury 
suffered  by  Charles  E.  Stevens  while  working  on  a  state  high- 
way on  June  6,  1939.  The  sum  hereby  appropriated  shall  be 
a  charge  upon  the  highway  funds. 

[Approved  June  4,  1941.] 


CHAPTER  241. 


JOINT  RESOLUTION  IN  FAVOR  OF  ALFRED  J.   CHRETIEN,  JUSTICE 
OF  THE  MUNICIPAL  COURT  OF  MANCHESTER. 

Whereas,  Charles  A.  Perkins,  late  justice  of  the  municipal 
court  of  Manchester,  died  during  the  month  of  February, 
1939,  and 

Whereas,  the  annual  salary  of  the  justice  of  the  municipal 
court  of  Manchester  paid  by  the  city  of  Manchester  is  twenty- 
four  hundred  dollars,  and 

Whereas,  Alfred  J.  Chretien,  then  special  justice  of  that 
court  at  an  annual  salary  of  eight  hundred  dollars,  acted  alone 
as  presiding  justice  from  the  above  mentioned  time  to  the 
date  of  his  appointment  and  confirmation  as  justice  of  that 
court,  December  16,  1940,  at  the  same  annual  salary  of  eight 
hundred  dollars,  and 

Whereas,  before  the  death  of  the  said  Charles  A.  Perkins 
the  combined  salaries  of  the  justice  and  special  justice  of  the 


*  See  also  chapter  231,  ante. 


1941]  Chapter  242  451 

municipal  court  of  Manchester  amounted  to  thirty-two  hun- 
dred dollars,  therefore  be  it 

Resolved   by   the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  Alfred  J.  Chretien  be  allowed  the  sum  of  twenty- 
eight  hundred  dollars  on  the  basis  of  an  increase  in  salary  of 
sixteen  hundred  dollars  a  year  for  a  period  of  twenty-one 
months,  extending  from  March  1,  1939,  to  November  30,  1940, 
so  that  his  salary  for  that  period  will  equal  that  of  justice  of 
that  court,  for  his  services  as  sole  presiding  justice  during 
that  period,  the  said  sum  to  be  paid  by  the  city  of  Manchester. 

[Approved  June  5,  1941.] 


CHAPTER  242. 

JOINT    RESOLUTION    PROVIDING    FOR    TRAINING    MEETINGS    FOR 
FOREST  FIRE  WARDENS. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  forester  may  call  fire  training  meetings, 
during  the  spring  and  also  during  the  fall,  during  the  years 
1941  and  1942,  of  the  wardens,  deputy  wardens  and  other  em- 
ployees of  the  forestry  and  recreation  department  at  con- 
venient points  within  the  state  for  the  purpose  of  giving 
advice  and  instruction  relative  to  forest  fires.  The  town 
forest  wardens-  and  deputy  wardens  so  summoned  by  the  state 
forester  shall  be  paid  for  their  time  and  expenses  in  attending 
such  meetings,  such  payment  to  be  borne  equally  by  the  muni- 
cipalities represented  and  the  state  in  the  same  manner  as 
provided  in  sections  21  to  27,  inclusive,  of  chapter  191  of  the 
Public  Laws.  The  sum  of  two  thousand  dollars  is  hereby 
appropriated  to  be  expended  by  the  state  forester  for  the  pur- 
pose of  defraying  the  state's  portion  of  the  per  diem  and  ex- 
penses of  wardens  and  deputy  wardens  to  the  semi-yearly  fire 
training  meetings  provided  for  herein.  The  governor  is  here- 
by authorized  to  draw  his  warrant  for  said  sum  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

[Approved  June  5,  1941.] 


452  Chapters  243,  244  [1941 

CHAPTER  243. 

JOINT    RESOLUTION    TO    MAKE    A    LONG   RANGE    PLAN    FOR    THE 
DEVELOPMENT   OF   GREAT   BAY. 

Resolved  by  the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  planning  and  development  commission .  be 
requested  to  make  a  long  range  plan  for  the  development  of 
Great  Bay  and  the  immediately  adjoining  territory,  with 
suggestions  for  a  program  of  carrying  out  such  plan  and  an 
estimate  of  the  costs  involved,  and  submit  the  same  to  the 
1943-1944  legislature. 

[Approved  June  10,  1941.] 


CHAPTER  244. 

JOINT  RESOLUTION  IN  FAVOR  OF  FRED  BERGERON  OF  KEENE. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  seven  hundred  forty-eight  dollars  and 
seven  cents  ($748.07)  be  and  hereby  is  appropriated  to  com- 
pensate Fred  Bergeron  of  Keene  for  expenses  and  permanent 
disability  in  connection  with  injuries  to  the  hand  of  his  son, 
Howard  Bergeron,  caused  while  operating  a  printing  press  at 
the  Keene  Teachers  College  on  March  28,  1939  as  follows: 
Six  hundred  dollars  to  Fred  Bergeron;  fifty-four  dollars  to 
John  J.  Brosnahan,  M.  D.;  thirty-five  dollars  to  Robert  M. 
Holmes,  M.  D. ;  and  fifty-nine  dollars  and  seven  cents  to  Elliot 
Community  Hospital.  The  governor  is  hereby  authorized  to 
draw  his  warrant  upon  any  money  in  the  treasury  not  other- 
wise appropriated,  for  said  sums.  The  sums  hereby  appro- 
priated shall  be  in  full  settlement  of  the  above  claims. 

[Approved  June  11,  1941.] 


1941]  Chapters  245,  246  453 

CHAPTER  245. 

JOINT   RESOLUTION   FOR  A   SPECIAL   COMMITTEE   TO   STUDY   THE 

REVISION  AND  CODIFICATION  OF  LAWS  RELATING  TO  CRIME, 

CRIMINAL  PRACTICE,  PROCEDURE  AND  PLEADING. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  a  special  committee  be  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  council,  to  consist  of  four 
members  together  with  the  attorney  general,  ex  officio,  whose 
duty  it  shall  be  to  make  a  survey  and  study  of  the  laws  re- 
lating to  crime,  criminal  practice,  procedure  and  pleading 
with  a  view  to  the  revision,  codification,  simplification  and 
amendment  of  said  laws  and  the  making  of  any  other  im- 
provements therein  which  may  seem  advisable.  Of  the 
appointive  members  one  shall  be  a  solicitor  of  one  of  the 
counties  of  the  state,  one  shall  be  a  justice  of  a  municipal 
court  and  the  other  two  members  shall  be  lawyers.  Said 
members  shall  serve  without  pay  and  the  committee  shall 
make  a  report  to  the  general  court  by  filing  its  recommend- 
ations and  findings  with  the  clerk  of  the  senate  for  submission 
to  the  next  session  of  the  legislature.  The  sum  of  three  hun- 
dred and  fifty  dollars  is  hereby  appropriated  for  expenses  of 
the  committee  and  the  governor  is  hereby  authorized  to  draw 
his  warrant  for  said  sum  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 
[Approved  June  12,  1941.] 


CHAPTER  246. 

JOINT  RESOLUTION  IN  FAVOR  OF  RALPH  T.  GALLAGHER. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  nineteen  hundred  dollars  ($1,900)  be  and 
hereby  is  appropriated  and  allowed  Ralph  T.  Gallagher  of 
Henniker  as  compensation  for  injuries  received  by  him  on 
August  1,  1939,  while  in  the  employ  of  the  state  highway  de- 
partment payable  as  follows :  The  sum  of  ten  dollars  a  week 
for  a  total  of  one  hundred  and  ninety  weeks.     The  sum  here- 


454  Chapters  247,  248  [1941 

by  appropriated  shall  be  a  charge  upon  the  highway  funds 
and  shall  be  in  full  settlement  of  said  claim. 
[Approved  June  12,  1941.] 


CHAPTER  247. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  ROBERT  H. 

STOBIE. 

Resolved  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

That  the  sum  of  three  thousand  one  hundred  and  eighty- 
five  dollars  and  five  cents  ($3,185.05)  be  and  hereby  is 
allowed  and  appropriated  to  compensate  the  estate  of  Robert 
H.  Stobie,  late  of  Hooksett,  for  funds  advanced  by  him  per- 
sonally for  the  use  of  the  state  fish  and  game  department 
while  serving  as  director  of  said  department.  The  sum  here- 
by appropriated  shall  be  a  charge  upon  the  fish  and  game 
fund. 

[Approved  June  13,  1941.] 


CHAPTER  248. 


JOINT  RESOLUTION  RELATING  TO   THE  REGULATION   OF  SKI 

TRAFFIC. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  planning  and  development  commission  be 
and  hereby  are  directed  to  investigate  the  advisability  of 
establishing  a  commission  for  the  control  of  ski  traffic  and 
for  the  uniform  marking  of  ski  trails  and  make  a  report  of 
its  findings  and  recommendations  to  the  next  session  of  the 
legislature. 

[Approved  June  13,  1941.] 


1941]  Chapters  249, 250, 251  455 

CHAPTER  249. 

JOINT  RESOLUTION  IN  FAVOR  OF  SAMUEL  FEINER  AND  OTHERS. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  two  hundred  eighty-five  dollars  be  and 
hereby  is  appropriated  for  the  following  purposes :  Two  hun- 
dred and  twenty-four  dollars  ($224)  to  Dr.  Samuel  Feiner  of 
Ashland,  thirty-five  dollars  ($35)  to  Dr.  Simon  Stone  of  Man- 
chester, three  dollars  ($3)  to  Dr.  Ezra  A.  Jones  of  Manchester, 
twenty-three  dollars  ($23)  to  Plymouth  Memorial  Hospital 
of  Plymouth  for  medical  services  and  hospital  care  due  to  in- 
juries sustained  by  Earl  Mack  of  Center  Harbor  on  May  23, 
1940  while  in  the  employ  of  the  state  highway  department  in 
said  Center  Harbor.  The  sums  hereby  appropriated  shall  be 
a  charge  upon  the  highway  funds  and  shall  be  in  full  settle- 
ment of  the  above  claims. 

[Approved  June  13,  1941.] 


CHAPTER  250. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  PATRICK  E. 

KANE. 

Resolved   by  the   Senate   and   House   of   Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  directed  to  pay  to  the  estate  of 
the  late  Patrick  E.  Kane  the  balance  of  salary  due  said  de- 
cedent as  a  member  of  the  house  of  representatives. 

[Approved  June  13,  1941.] 


CHAPTER  251. 


JOINT  RESOLUTION  PROVIDING  FOR  EXPENSES  OF  SPECIAL  SESSION 
OF  CONVENTION  TO  REVISE  THE  CONSTITUTION. 

Whereas,  in  accordance  with  the  last  census  the  member- 
ship of  the  house  of  representatives  will  be  substantially  in- 
creased upon  the  next  apportionment;  and 


456  Chapter  252  [1941 

Whereas,  a  reduction  in  membership  can  be  effected  with- 
out impairing  the  representative  character  of  the  house  of 
representatives  and  with  some  saving  in  the  public  expense; 
and 

Whereas,  the  convention  to  revise  the  constitution  which 
convened  as  of  May  11,  1938,  adjourned  subject  to  call  of  the 
president;  and 

Whereas,  a  further  session  of  the  convention  is  deemed 
necessary  for  the  consideration  of  a  reduction  in  the  member- 
ship of  the  house  of  representatives  and  other  constitutional 
changes ; 

Resolved  by   the  Senate   and  House  of  Representatives  in 
General  Court  convened: 

That  a  sum  not  exceeding  twelve  thousand  dollars  is  here- 
by appropriated  for  paying  the  expenses  of  an  adjourned 
session  of  said  convention,  and  the  governor  is  hereby  author- 
ized to  draw  his  warrant  for  so  much  of  said  sum  as  may  be 
necessary  for  such  purposes. 

[Approved  June  13,  1941.] 


CHAPTER  252. 


JOINT  RESOLUTION  RELATIVE  TO  THE  ABOLISHMENT  OF  CERTAIN 
GRADE  CROSSINGS  IN  THE  TOWNS  OF  WHITEFIELD  AND  DALTON. 

Whereas,  there  are  nine  grade  crossings  within  a  distance 
of  approximately  three  miles  on  the  line  of  the  Maine  Central 
Railroad  from  Scott's  Station  in  Dalton  to  the  location  of 
what  was  formerly  the  Main  Central  Station  just  east  of 
Main  street  in  Whitefield,  which  are  dangerous  to  the  life, 
limb  and  property  of  all  persons  passing  over  the  highways 
upon  which  such  crossings  are  located,  and 

Whereas,  the  Maine  Central  railroad  is  willing  to  abandon 
its  line  and  eliminate  the  crossings  between  said  points  and 
run  its  trains  over  the  line  of  the  Boston  and  Maine  railroad 
from  Scott's  Station  through  Union  Station,  in  said  White- 
field,  to  the  point  where  its  line  now  connects  with  that  of  the 
Maine  Central  railroad  if  the  line  of  the  latter  road  is  put 
into  suitable  condition  to  sustain  such  traffic,  now  therefore, 


1941]  Chapter  253  457 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  not  exceeding  twenty  thousand  dollars  be 
and  hereby  is  appropriated  to  be  expended  by  the  state  high- 
way commissioner  for  assisting,  in  such  manner  as  he  may 
deem  for  the  best  interests  of  the  public,  in  the  elimination 
of  the  grade  crossings  in  the  towns  of  Dalton  and  Whitefield 
through  the  abandonment  of  the  line  of  the  Maine  Central 
railroad  and  the  reconditioning  of  a  portion  of  the  line  of  the 
Boston  and  Maine  railroad,  provided  that  sufficient  additional 
funds  are  provided  for  the  completion  of  said  project.  The 
sum  hereby  appropriated  shall  be  a  charge  upon  the  high- 
way funds. 

[Approved  June  13,  1941.] 


CHAPTER  253. 


JOINT  RESOLUTION  ESTABLISHING  A  COMMITTEE  TO  STUDY  THE 
PRACTICE  OF  AUTOMOBILE  FINANCING. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  governor,  with  the  advice  and  consent  of  the 
council,  appoint  a  committee  of  eight  to  study  the  practice  of 
automobile  financing  in  all  its  aspects,  which  committee  shall 
report  its  findings  and  recommendations  to  the  next  legisla- 
ture. Said  committee  shall  include  the  insurance  commis- 
sioner, bank  commissioner  and  attorney  general.  Other  inter- 
ests to  be  represented  are  to  be  New  Hampshire  State  Bank- 
ers' Association,  New  Hampshire  Automobile  Dealers  Asso- 
ciation, New  Hampshire  Insurance  Agents  Association,  an 
agent  of  a  New  Hampshire  fire  insurance  company,  a 
representative  of  a  New  Hampshire  automobile  finance 
company. 

[Approved  June  13,  1941.] 


458  Chapter  254  [1941 

CHAPTER  254. 

JOINT  RESOLUTION   OPPOSING  THE   ST.   LAWRENCE   SEAWAY 

PROJECT. 

Whereas,  the  Congress  of  the  United  States  is  now  con- 
sidering the  advisability  of  the  completion  of  the  St.  Lawrence 
River  Seaway  development  as  an  international  project;  and 

Whereas,  the  claim  that  the  United  States  needs  this 
seaway  for  defense  is  not  supported  by  the  facts  but  has  in- 
spired the  charge  that  the  military,  naval,  and  air  hazards  in- 
volved in  the  project  are  all  out  of  proportion  to  the  industrial 
or  commercial  benefits  that  might  accrue;  and 

Whereas,  the  waterway  would  be  ice  bound  for  five  months 
of  the  year  and  during  that  navigation  season  would  provide 
an  easy  target  for  bombing  and  afford  an  opportunity  for 
sabotage  in  the  locks  and  dams  of  the  ship  channel ;  and 

Whereas,  the  project  would  provide  no  tolls  but  would 
permit  free  use  of  the  waterway  for  foreign  shipping  threat- 
ening to  ruin  New  England  economy,  the  railroads,  the 
Atlantic  coast  shipping  and  deluging  the  Great  Lakes  region 
with  cheap  foreign  products  undermining  American  labor,  in- 
dustry and  agriculture;  and 

Whereas,  the  imperative  demands  of  national  defense 
require  urgent  use  of  men,  materials  and  money  in  the  con- 
struction of  planes,  tanks,  guns  and  other  munitions  which 
would  be  seriously  affected  by  divergence  to  an  uneconomic 
seaway  project;  and 

Whereas,  the  waterway  could  not  be  placed  in  full 
operation  before  1948  and  would  thus  not  become  part  of 
immediate  national  defense,  therefore  be  it 

Resolved  by   the  Senate  and  Hoiise   of  Representatives  in 
General  Court  convened: 

That  it  is  the  sense  of  the  General  Court  that  the  use  of  the 
St.  Lawrence  River  for  the  establishment  of  a  deeper  sea- 
way is  a  wasteful  and  unwarranted  project  in  the  present 
national  crisis,  and  be  it  further  resolved,  that  a  copy  of  this 
resolution  be  transmitted  by  the  secretary  of  state  to  each  of 
the  senators  and  representatives  in  Congress  of  this  state  and 
to   the   Speaker   of   the   House   of   Representatives   of   the 


1941]  Chapters  255,  256  459 

Congress  of  the  United  States  and  to  the  President  of  the 
United  States  Senate. 

[Approved  June  13,  1941.] 


CHAPTER  255. 

JOINT  RESOLUTION  RELATING  TO  FOREST  FIRES. 

Whereas,  a  state  of  fire  emergency  still  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  state  is  now  left  with  the  basic  responsibility 
to  adequately  meet  this  dangerous  forest  fire  emergency 
situation,  therefore  be  it 

Resolved  by  the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  the  unexpended  balance  on  June  30,  1940  of  funds 
provided  in  chapter  254  of  the  Laws  of  1939  be  hereby  appro- 
priated for  the  biennial  period  ending  June  30,  1943  for  the 
following  purposes:  Three-quarters  of  said  balance  to  be 
used  by  the  forestry  and  recreation  department  with  approval 
of  the  governor  and  council  for  payment  of  forest  fire  bills 
to  towns  if  the  appropriation  for  one  or  both  of  the  two  years 
ending  June  30,  1943  should  not  be  adequate.  One-quarter  of 
said  balance  to  be  expended  by  the  forestry  and  recreation 
department  with  the  approval  of  the  governor  and  council  for 
aid  to  towns  in  securing  adequate  tool  supplies  for  forest  fire 
purposes. 

[Approved  June  13,  1941.] 


CHAPTER  256. 

JOINT  RESOLUTION  IN  FAVOR  OF  GUY  S.  NEAL  AND  OTHERS. 

Resolved   by  the  Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  Guy  S.  Neal,  sergeant-at-arms  and  Raymond  B.  Lake- 
man,  sergeant-at-arms  be  allowed  the  sum  of  $639  each ;  that 


460  Chapter  256  [1941 

Edwin  B.  Young,  chaplain,  be  allowed  the  sum  of  $540;  that 
Paul  Amos  Mansur  and  Henry  Phelps,  messengers,  be 
allowed  the  sum  of  $568  each;  that  William  W.  Allen,  door- 
keeper, be  allowed  the  sum  of  $568 ;  that  Chester  Jewell,  tele- 
phone messenger,  be  allowed  the  sum  of  $568;  that  Harold 
Fournier,  custodian,  be  allowed  the  sum  of  $639 ;  that  Lenne 
Twombly,  Harry  L.  Yeaton,  Sherman  Greer,  George  Knowl- 
ton,  doorkeepers,  be  allowed  the  sum  of  $568  each ;  that  Oney 
Z.  Russell,  Lawrence  B.  Holt,  wardens,  be  allowed  the  sum  of 
$568  each;  that  Herbert  M.  Thyng,  Forest  G.  Knowles, 
messengers,  be  allowed  the  sum  of  $568  each;  that  Frederic 
H.  Dewey,  speaker's  page,  be  allowed  the  sum  of  $426;  that 
Alton  A.  Oleson,  Richard  G.  Kimball,  Edwin  L.  Bray,  Herbert 
McCoy,  Carl  S.  Adams,  pages,  be  allowed  the  sum  of  $355 
each;  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  Grace  J.  White,  senate  stenographer,  be 
allowed  the  sum  of  $852 ;  that  Andrea  L.  LeBrun,  Eleanor  C. 
Brown,  judiciary  and  appropriation  stenographers,  be 
allowed  the  sum  of  $710  each;  that  Palmer  C.  Read,  judiciary 
messenger,  be  allowed  the  sum  of  $568  and  Charles  Bean, 
appropriation  messenger,  be  allowed  the  sum  of  $504;  that 
Benjamin  F.  Greer,  senate  clerk,  and  Cyril  J.  Fretwell,  house 
clerk,  be  allowed  the  sum  of  $500  each;  that  Frank  M.  Ayer, 
assistant  clerk  of  the  senate,  be  allowed  the  sum  of  $500; 
that  Robert  L.  Stark,  assistant  clerk  of  the  house,  be  allowed 
the  sum  of  $500;  that  Cyril  J.  Fretwell,  clerk  of  the  house, 
be  allowed  the  sum  of  $2,560  to  be  paid  in  weekly  installments 
beginning  at  the  close  of  the  present  legislative  session,  con- 
tinuing and  including  the  last  week  in  December,  1942,  under 
the  supervision  and  direction  of  the  secretary  of  state  or 
deputy  secretary  of  state.  The  above  amount  to  be  in  lieu  of, 
and  in  full  payment  for  services  including  filing  of  the  perma- 
nent journal  with  the  secretary  of  state.  That  W.  J.  Chad- 
bourne,  photographer,  be  allowed  the  sum  of  $1,500;  that 
Ralph  E.  Langdell,  governor's  attorney,  be  allowed  the  sum  of 
$1,242.20;  that  Donald  Knowlton,  governor's  attorney,  be 
allowed  the  sum  of  $1,500 ;  that  Marion  G.  Alexander,  legisla- 
tive advisor,  be  allowed  the,  sum  of  $500. 


1941]  Chapter  257  461 

The  above  mentioned  sums  shall  be  a  charge  upon  the  legis- 
lative appropriation. 

[Approved  June  13,  1941.] 


CHAPTER  257. 


From  January,  1939,  to  January,  1941,  the  registers  of  pro- 
bate returned  to  the  secretary  of  state  the  following  changes 
of  names  made  by  the  probate  court: 

Rockingham  County — Joan  Ann  Walukinas  to  Joan  Ann 
Gilkey;  Mike  Luchinsky  alias  Michael  Lucinski  to  Michael 
Lewis;  Beverly  L.  Lucinski  to  Beverly  L.  Lewis;  Patricia 
Louise  Chard  to  Patricia  Ann  Beers;  Reginald  Dunham  to 
Reginald  E.  Kelley;  Mary  Elizabeth  Wiggin  to  Dolly  Austin 
Wiggin ;  Mertie  E.  Estabrook  to  Mertie  Etta  Whittier ;  Alfred 
Wightman  to  Alfred  Wood  Wightman;  Harold  G.  Klauberg 
to  Harold  George  Bowerfind ;  Roland  Farrar  to  Roland  Farrar 
O'Leary;  Richard  Farrar  to  Richard  Farrar  O'Leary;  Philip 
John  Farrar  to  Philip  Farrar  O'Leary;  Robert  Gardner  Pen- 
der to  Robert  Gardner  Vasselian ;  Wadislaw  Biadacz  to  Charles 
Broderick;  John  A.  Biadacz  to  John  A.  Broderick;  Ella  T. 
Biadacz  to  Ella  T.  Broderick;  Marilyn  K.  Biadacz  to  Marilyn 
K.  Broderick;  Elaine  M.  Biadacz  to  Elaine  M.  Broderick; 
Josephine  M.  Biadacz  to  Josephine  M.  Broderick;  John  A. 
Biadacz,  Jr.  to  John  A.  Broderick,  Jr.;  Margaret  Stack  to 
Margaret  Haggerty;  Wanda  Kucharczyk  to  Wanda  Baker; 
Muriel  M.  Norton  to  Muriel  Gertrude  Morton;  Olive  M. 
Christie  to  Olive  M.  Clark;  Richard  William  Hallinan  to 
Robert  William  Davenport ;  Patricia  Ann  Hallinan  to  Patricia 
Ann  Davenport;  William  Edward  Heffler  to  William  Edward 
Powell ;  Katherine  Louise  Sprague  to  Barbara  Grace  Ingram ; 
Warren  James  Ward  to  Warren  James  Perkins;  Joseph  T. 
Page  to  Leon  T.  Page ;  Carol  Whitney  to  Carol  Joyce  Steady ; 
James  Henry  Gaw  to  David  James  Fix;  Mildred  Marjorie 
Senter  to  Mildred  Marjorie  Hall ;  Dorothy  M.  Zoller  to  Doro- 
thy M.  Root ;  William  Richard  Zoller  to  William  Richard  Root ; 
Peter  Carrier  to  John  G.  Currier;  Earle  Grant  Boutelle,  Jr. 
to  Grant  Clarence  Woodbury ;  Dorothy  Faith  Ann  Johnson  to 
Faith  Ann  Joslyn;  Alfrieda  Jeanette  O'Brien  to  Alfrieda 
Jeanette  Jarowsky;  Dorothy  Alice  Labbe  to  Dorothy  Alice 
Oilman;  Nancy  McLean  to  Nancy  Fogg;  Meyer  Jacob  Rosen 


462  Chapter  257  [1941 

to  Milton  Jack  Rosen;  William  Samuel  Heath  to  William 
Samuel  Shepard;  Josephine  Freeman  Tobyne  to  Josephine 
Freeman  Tabor;  Elizabeth  Ann  Oilman  to  Shirley  Ann  Pres- 
ton ;  Robert  Harold  Harden  to  Robert  Harold  Byron ;  Beverly 
May  Jameson  to  Beverly  May  Berry;  Helen  P.  Larsen  to 
Helen  P.  Shelton;  Doris  M.  Larsen  to  Doris  M.  Shelton; 
Frances  A.  Larsen  to  Frances  A.  Shelton;  Mary  Elizabeth 
Diener  to  Mary  Elizabeth  Andrews ;  Theodore  Bertram  Diener 
to  Theodore  Bertram  Andrews;  Roberta  G.  L.  Saffell  to 
Roberta  Louise  O'Dare;  Robert  E.  H.  Saffell,  Jr.  to  Robert 
Edward  O'Dare ;  Everett  B.  Osgood  to  Charles  Bailey  Osgood ; 
Preston  Boyce  Hawthorne  to  Preston  Boyce  Wares;  Edith 
Frances  Goulette  to  Edith  Frances  Keen;  John  Alexander 
Krukowski  to  John  Alexander  Cook;  Richard  Stanley  Dorey 
to  Richard  Walkei^  Corcoran ;  Ramona  M.  Williams  to  Ramona 
M.  Pearson ;  Carol  Ann  Russell  to  Carol  Ann  Jackson ;  Laurel 
Elizabeth  Webster  to  Laurel  Elizabeth  Knights;  Hazel  Made- 
line Corning  to  Hazel  M.  Sawyer;  Fannie  Belle  Dearborn  to 
Fannie  Belle  Johnston ;  Coy  Sharleen  Caswell  to  Coy  Sharleen 
Hillyard;  Janice  Stevens  to  Janice  Weston;  Domenica  Papa- 
sodero  to  Domenica  Rosa;  John  Papasodero  to  John  Rosa; 
William  Papasodero  to  William  Rosa;  Ernest  Papasodero  to 
Ernest  Rosa ;  Ernest  George  Carr  to  Ernest  George  Campbell. 
Strafford  County — James  Woodrow  Prescott  to  James 
Woodrow  Sewall ;  Willis  M.  Bartlett  to  Willie  M.  Tuttle ;  John 
Joseph  Lever  to  John  Joseph  Rochon;  Steven  John  Kruse  to 
Steven  John  Merrill;  Charles  Issachar  Ramsey  to  Charles 
Issachar  Doeg ;  Jeannette  Agnes  Stewart  Ramsey  to  Jeannette 
Agnes  Stewart  Doeg;  Sandra  Lee  Nordine  to  Sandra  Lee 
Morang ;  Donald  Raymond  Vachon  to  Edward  Albert  Richard ; 
Olivette  Frances  Goodwin  to  Olivette  Frances  Murdock; 
Helynn  Sandra  Kopac  to  Helynn  Sandra  Cross;  Armand 
Bernier  to  Armand  Gilbert;  Janice  Leona  Bean  to  Janice 
Leona  Sanders;  Threse  C.  St.  Pierre  to  Threse  C.  Couture; 
Leon  Samuel  McCombe,  Jr.  to  Jack  Arthur  Wallis;  Morris 
Liptzer  to  Alfred  Morris  Lewis;  Jeanette  E.  Liptzer  to  Jean- 
ette  E.  Lewis;  Bennett  Leonard  Liptzer  to  Bennett  Leonard 
Lewis;  Pearl  Gloria  Liptzer  to  Pearl  Gloria  Lewis;  David 
Alonzo  O'Conner  to  David  Alonzo  Smith;  Edmund  King  to 
Edmund  Douglas;  James  Arthur  (Cole)  Haskell  to  George 
Edgar  Grondin ;  Maynard  Joseph  Vennard  to  Maynard  Joseph 


1941]  Chapter  257  463 

Orr;  Joan  Elizabeth  Woodman  to  Doris  Elizabeth  Preston; 
Joyce  Vanessa  Garland  to  Joyce  Vanessa  Haedt;  Kysir  Dow- 
aliby  to  James  Dowaliby ;  George  Lef ebvre  to  George  Vincent ; 
Marie  Lef  ebvre  to  Marie  Vincent ;  Arthur  Lef  ebvre  to  Arthur 
Vincent;  Walter  J.  Lougee  to  Jacob  Walter  Lougee;  Walter 
W.  Truman  to  Walter  W.  Fischer;  Gerard  E.  Gagne,  Jr.  to 
John  Paul  Anthony  Gagne;  Albert  Baxter  to  Leon  Francis 
Davis;  Willis  A.  Smith  to  Perley  A.  Smith;  Constance  Vir- 
ginia Chard  to  Constance  Virginia  Nangle ;  Florence  M.  Cullen 
to  Florence  M.  LeClair;  Wilhelmine  Rook&y  to  Wilhelmine 
Routhier ;  Joseph  Louis  Rookey,  Jr.  to  Joseph  Louis  Routhier, 
Jr.;  Rudolph  Eugene  Rookey  to  Rudolph  Eugene  Routhier; 
Marianne  Rookey  to  Marianne  Routhier ;  Marie  Louise  Rookey 
to  Marie  Louise  Routhier;  Leopold  Nadeau  to  Leopold 
Lessard;  Nicholas  J.  Micocci  to  Nicholas  Joseph  Caswell; 
Leon  Ellis  to  Leon  Hall;  Roy  Begley  to  Roy  Whitlock  Judd, 
Jr.;  Jane  Cancia  Teaberg  to  Jane  Cancia  Willard;  William 
Randall  Ramsey  III  to  William  Lamar  Hayes;  Paul  Secord 
to  Robert  Eugene  Sanborn;  Benjamin  Kenney  to  Archie  B. 
Canney;  Arlene  Osgood  to  Arlene  Mildred  Abbott;  Gerald 
Miller  to  Gerald  Ouelette;  Ronald  Francis  Finnin  to  Ronald 
Francis  Eastman;  Barbara  Rose  Skillings  to  Barbara  Rose 
Hurd ;  Jeannette  Bertha  Hebert  to  Jeannette  Bertha  Rouleau ; 
Robert  Augustine  Lindsay  to  Arthur  Robert  DuBois;  Joseph 
Leo  Henry  Peloquin  to  Leo  Henry  Cater ;  Rita  May  Dubois  to 
Rita  May  Tibbetts;  Walter  Clyde  Lea  to  W.  Clyde  Garden; 
Jacqueline  Grace  Evans  to  Jacqueline  Grace  Hamilton ;  Joseph 
Raymond  Parent  to  Raymond  Joseph  Foss ;  Annie  Gage  Cald- 
well to  Annie  B.  Gage;  Gail  Patricia  Grant  to  Gail  Penthia 
Wood ;  Senley  Thomas  Printy  to  John  Senley  Printy ;  Xavier 
Croteau  to  Joseph  Hubert  Leon  Croteau ;  Minnie  Etta  Norris 
(McCrillis)  to  Minnie  Etta  Norris  McCrillis. 

Belknap  County — Florence  E.  Chamberlain  to  Florence 
Redman;  Norma  Lee  Ratta  to  Norma  Lee  Rutta;  Gladys  E. 
Ratta  to  Gladys  E.  Rutta;  Charles  Hayford  Stewart  to  Mal- 
colm Alexander  Rounds  Stewart,  Jr. ;  Frances  Burke  Goldstein 
to  Frances  Burke  Gibson;  Edward  Goldstein  to  Edward  Gib- 
son; Nancy  Ann  Merrill  to  Nancy  Ann  Palm;  Veronica  D. 
Foley  to  Veronica  D.  Turley;  Norman  Edward  Gonyer  to 
Norman  Edward  Boucher;  Rita  L.  Mack  to  Riva  L.  Mack; 
Jennie  M.  Moscardini  to  Jennie  M.  Cook;  Edith  S.  Conley  to 


464  CHAPTER  257  [1941 

Edith  S.  Johnson;  CaroHne  Muriel  Beckman  to  Muriel  Caro- 
line Beckman;  William  R.  Smith  to  William  Russell  Downing; 
Lillian  May  Hodgson  to  Lillian  May  Smith;  Marshall  Locke 
to  Marshall  Ernest  Locke;  Philip  Edward  Tousignant  to 
Philip  Edward  Dalton;  John  Paul  Cranston  to  John  Paul 
Bickf ord ;  Shoyloma  Zulman  Clevenson  to  Sam  Solomon  Clev- 
enson;  Edwin  Michael  Hodgson  to  Edwin  Michael  Darling; 
Wilfred  Rouleau  to  Wilfred  Plante. 

Changed  by  Adoption:  Lionel  Raymond  Valliere  to  Lionel 
Raymond  Valliere;  George  Theodore  Valliere  to  George  Theo- 
dore Valliere;  Richard  Altomare  to  Kerrith  Haddon  King; 
Patricia  Ann  Avery  to  Patricia  Ann  Swain;  Walter  Everett 
Varney,  Jr.  to  Walter  Everett  Varney  Perkins;  Mary  Jane 

Seavey  to  Mary  Jane  Whitney ; Grimstone  to  Mary 

Ann  Winkler;  John  Edmund  Quinlan  to  John  Edmund  Hub- 
bard; Ermus  Fred  Varney  to  Ermus  Fred  Ellis;  Patricia  A. 
Huckins  to  Sally  Sue  Sargent;  Alfreda  Alice  Marden  to  Al- 
dreda  Alice  Marden;  Robert  Lee  Hobart  to  Robert  Harry 
Avery;  Mary  Jane  Rae  to  Mary  Jane  Haddock. 

Carroll  County  :  Arthur  Romeo  Moore  to  Arthur  Romeo 
Jette;  Grafton  Ralph  Ward  to  Grafton  Ralph  Colbert;  Ber- 
nard G.  Tutt  to  Bernard  Gunison  Dudley  Tutt;  Helen  Janet 
Steves  to  Sally  Steves  Davis;  Addie  B.  Smith  to  Addie  B. 
Hayes;  Arthur  J.  Smith  to  Arthur  J.  Daurie;  Roger  Jackson 
to  Roger  Jackson  Whittier;  John  Carpenter  to  John  Gilman 
Carpenter ;  Rupert  Clifford  Hodgdon  to  Rupert  Clifford  Jones ; 
Vernon  Thomas  Hodgdon  to  Vernon  Thomas  Jones;  Mildred 
M.  Drew  to  Madlyn  Mildred  Hoyt;  Roland  D.  Emerson  to 
Roland  Dinsmore  Dow;  Georgette  Hale  to  Georgette  Percot; 
Henry  J.  Chandler,  Jr.  to  Henry  Archibald  Meader;  Leonard 
Ernest  Demers  to  Leonard  Ernest  Charles ;  Kenneth  Paige  to 
Robert  Kenneth  Paige. 

Merrimack  County — Walter  Flanders  Hunt  to  Francis 
Perley  Hunt;  Fred  Arthur  Paige  to  Fred  Arthur  Bailey; 
Hazel  Billings  Wheeler  to  Hazel  Billings ;  Alice  Bolkis  to  Alice 
Thompson;  Beatrice  Minnon  to  Beatrice  Beaupre;  Susan  E. 
Huse  to  Elma  S.  Huse;  Donald  Day  to  Donald  Riel;  Nathan 
Edward  Eastman  to  Nathan  Currier  Eastman;  Kenneth 
Herman  Juringius  to  Kenneth  Herman  Sheard;  Rudolph 
Knoetzsch  to  Rudolph  Knoetzsch  Roody;  Roger  Pelletier  to 
Roger    Boudreau;    Felicia    Gertrude    Knoetzsch    to    Felicia 


1941]  Chapter  257  465 

Gertrude  Roody;  Patricia  Caroline  Knoetzsch  to  Patricia 
Caroline  Roody;  Bertha  L.  Gaskell  to  Bertha  G.  Corser; 
George  Calnan  to  George  William  Hall;  Cora  Alice  Leo  to 
Cora  Alice  Flynn;  Aarne  Jacob  Wahamaki  to  Aarne  Jacob 
Mackey;  Doris  P.  Wahamaki  to  Doris  Priscilla  Mackey; 
Leonard  J.  Florence  to  Leonard  J.  Gray;  Bernard  Francis 
Sweeney,  Jr.  to  Lance  Douglas  Sweeney ;  Basilios  Tsekares  to 
William  Nichols  Talmers;  Ike  Couffman  to  Isaac  Kauffman; 
Harry  B.  Cohen  to  Hank  B.  Cains;  Lewis  M.  Cohen  to 
Lewis  M.  Cains;  Rose  L.  Cohen  to  Rose  L.  Cains;  Warren 
Harding  Ginniss  to  Warren  Harding  Spofford;  Carol  Eugene 
Nudd  to  Carol  Eugene  Brown;  Robert  Louis  Nudd  to  Robert 
L.  Brown;  Josiah  Vose  Fisher  to  Josiah  Howe  Vose  Fisher; 
Joan  Alice  Lamora  to  Joan  Alice  Woodbury;  Fred  Charette 
to  Fred  Carter;  Arthur  Forger  to  Arthur  Leonard  Newton; 
Lloyd  Allison  Wescom  to  Lloyd  Allison  Moulton;  Martha  L. 
Fretwell  to  Martha  L.  Morrill;  Joseph  Odilon  Patoine  to 
Joseph  Odilon  Desrosiers;  Bessie  E.  Abruzzese  to  Bessie  E. 
Simonella. 

Changed  by  Adoption :  Donald  Alan  Locke  to  Donald  Alan 
Joy ;  Robert  Bruce  Hill  to  Robert  Bruce  Davis ;  Christine  June 
Marcotte  to  Christine  June  Lewis;  Pauline  Patten  to  Pauline 
Dame;  "Baby"  Blackwell  to  Hugh  Graham  Cameron;  David 
Roland  Canfield  to  Stanley  Philip  Purtell ;  John  Hart  to  John 
Joseph  Bundy;  Elizabeth  Katherine  Schriver  to  Elizabeth 
Katherine  James;  Tresa  May  Welch  to  Tresa  May  Foote; 
Robert  William  Welch  to  Robert  William  Foote;  Elizabeth 
Rae  Flint  to  Beverly  Jane  Howland;  Robert  Bruce  McNulty 
to  Richard  Paul  Paveglio;  Edmond  J.  Poire  to  Edmond  J. 
Guay ;  Robert  J.  Poire  to  Robert  J.  Guay ;  Madeline  May  Laro 
to  Madeline  May  Kelley;  Sterling  Victor  Warren  to  Sterling 
Victor  Blakeley ;  Mervin  Dale  Crommett  to  Mervin  Dale  Per- 
kins; Constance  Alger  to  Constance  Alger  Duclos;  Ruth 
Miriam  Olkonen  to  Ruth  Miriam  Paakkari ;  Jeffrey  Pillsbury 
to  Walter  Robert  Clark;  Pamela  Jean  Scanlin  to  Margot 
Gibson  Adams;  "Baby"  Potter  to  David  Eugene  Welch; 
Annabell  E.  Brideau  to  Annabell  E.  Demars;  Barbara  Flor- 
ence Senise  to  Barbara  Jean  Moore ;  Patricia  Duff  to  Patricia 
C.  Partridge ;  Claire  Lucille  Fanny  to  Claire  Lucille  Labonte ; 
Judith  Merle  Mcintosh  to  Judith  Merle  Genest;  Jean  Demers 
(Fowler)  to  Jean  Newell;  Leo  Norman  Demers  (Fowler)  to 


466  Chapter  257  [1941 

David  Parmenter  Newell;  Bruce  Richard  Doughty  to  David 
James  Doughty;  Judith  Barbara  to  Judith  Barbara  San  An- 
tonio. 

Hillsborough  County — Lawrence  Verheyen  to  Andrew 
Lawrence  Walsh;  Annette  Canane  to  Annette  Rzeznikiewicz ; 
Arnold  Levine  to  Arnold  Grevior;  George  Vlahopoulos  to 
George  Baroody;  Ptefanos  Vlahopoulos  to  John  J.  Baroody; 
Necolai  Telicza  to  Joseph  M.  Tayloff;  Malcolm  Tibbetts  to 
Joseph  Malcolm  Springfield;  William  Anderson  Emmons  to 
William  Anderson  Coleman ;  Roger  Jackson  Emmons  to  Roger 
Jackson  Coleman ;  Victor  Pappacostas  to  Victor  P.  Costa ;  Leo 
Francis  Lariviere  to  Leo  Francis  Dubois;  Alfred  Gaudiase 
Leclair  to  Elzear  Gaudiase  Francoeur;  Antonio  Argeropoulos 
to  William  Hector  Rouleau;  Marguerite  Prior  to  Marguerite 
Dunne;  Ethel  Frost  Woods  to  Ethelyn  Neal  Frost;  Mary 
Evelyn  Dennis  to  Mary  Evelyn  Sullivan;  Andrew  Muckuskie 
to  Andrew  McCuskey;  Chester  Muckuskie  to  Chester  McKus- 
kie;  Wanda  Muckuskie  to  Wanda  McKuskie;  Josephine  Ma- 
kowska  to  Josephine  McKuskie;  Adella  Blazejewicz  to  Adella 
Sedlewicz;  Lucille  G.  Owen  to  Lucille  G.  Lavigne;  Waslow 
Walentukevicz  to  Walter  Walent;  Julius  Kvaraceis  to  Julius 
Corosa;  Joseph  Aime  Marcel  Cormier  to  Ralph  A.  Cormier; 
Marguerite  G.  Murray  to  Marguerite  G.  LaBounty;  Wasyl 
Szewczyszyn  to  Charles  Szewcyk ;  Mildred  Isabelle  Van  Duyne 
to  Lynn  Mildred  Van  Duyne ;  Edward  Zbierski  to  Edward  A. 
Comstock ;  Amber  Chase  Buholz  to  Amber  Chase ;  Leo  George 
Perras  to  Leo  Arthur  Perry ;  Joseph  Eugene  Maurice  Gamelin 
to  Joseph  Eugene  Maurice  Lesieur;  Agatha  Miliauskas  to 
Agnes  Mills;  Stedman  Bradley  Breed  to  Stedman  Bradley 
Fottler;  Charles  Stanley  Sakowich  to  Charles  Stanley  Stack; 
Sief ar  Bartosewie  to  Sief ar  Bortas ;  Stanislaw  Kucharczyk  to 
Stanley  Ludwig  Baker;  Martha  Emma  White  to  Mattie  E. 
Blood ;  Leo  E.  Bresse  to  Leonard  E.  Howard ;  Ronald  Eugene 
Otis  to  Ronald  Eugene  Farland;  Allen  Wesley  Sanders  to 
Allan  Griffith  Saunders;  George  Perley  Dow  to  Perley  Dod- 
dridge Dow ;  Norma  Nichols  to  Norma  Willette ;  Elia  Robino- 
vitz  to  Elias  Robbins ;  Helen  Frances  Blixt  to  Helen  Frances 
Brown ;  Jane  Daniels  to  Jane  Doris  Wheeler ;  Mary  Limbourg 
to  Mary  Lynbourg ;  William  Limbourg  to  William  Lynbourg ; 
Joseph  Swiesz  to  Joseph  Swiss ;  Anton  Milasiewiez  to  Antanas 
Milas;  Grace  L  Bjurling  to  Grace  I.  Burling;  Elmer  Robert 


1941]  Chapter  257  467 

Bjurling  to  Elmer  Robert  Burling;  Harriet  E.  Byam  to  Harriet 
Ellen  Bryer;  Elise  Lehmann  to  Elise  Lehmann  Coppez;  John 
Anthony  Siedlewicz  to  John  Anthony  Sullivan;  Everett 
Harrison  Barnes  to  Alfred  Dexter  Barnes. 

Changed  by  Adoption:     Richard  J.  Flower  to  Richard  J. 
Lamy;  Thomas  Psaltis  to  Thomas  Lucas;  Theoharis  Psaltis 
to  Harry  Lucas ;  Margaret  Mary  McKenna  to  Janet  Margaret 
Cloutier ;  Lorraine  Cecile  Desrosiers  to  Lorraine  Patricia  La- 
mothe ;  Baby  Plowright  to  Nancy  Porst  Arthur ;  Rita  Dorris 
to  Helen  Bachakouchos ;  Daniel  Lee  Patenaude  to  Daniel  Lee 
Covin ;  Norrinne  Teresa  Sullivan  to  Norinne  Teresa  Crowley ; 
Jean  Murray  to  Mary  Jeanne  Ouelette;  Judith  Carrol  With- 
standley  to  Judith  Carol  Nahil;  Baby  Carpenter  to  Merton 
Don  Fletcher ;  Carol  Anne  Boisvert  to  Carole  Anne  Tarullo ; 
Arthur  Sawyer  to  Paul  Duffy;  Baby  Carpenter  to  Richard 
Allen   Schneider;  Joseph  Albert  Cloutier  to  Joseph  Albert 
Zink;  Alice  Beatrice  Cloutier  to  Alice  Beatrice  Zink;  Frank 
Edward  Boynton  to  Frank  Eric  Pfefferkorn;  Carol  Ann  Bach 
to  Marie  Claire  Elaine  Caron;  Philip  Gagnon  to  Philip  Joseph 
Forrest;    Joseph    Plantier   to    Joseph    Alphonse    Levasseur; 
Edward  Francis  Bernard  to  Richard  Evariste  Pinard;  Pa- 
tricia Ann  Duncan  to  Patricia  Ann  Desruisseau ;  Pauline  Joan 
Leclair  to  Pauline  Joan  Lemay;  Priscilla  Ernestine  Goodwin 
to  Priscilla  Ernestine  Cheney;  John  Francis  Hardy  to  John 
Francis    Balban;    Inis    Margaret    Hardy   to  Inis    Margaret 
Balban;  Baby  Foster  to  Kathryn  Ann  Hastedt;  Lucie  R.  Bou- 
langer  to  Lucie  R.  Martin;   Larry   Grant  Knapp  to  Larry 
Grant  MacDougall;  Baby  McCarthy  to  Martha  Weston  Ham- 
mond; Margaret  Doris  Lavallee  to  Margaret  Doris  Rioux; 
Mary  Edith  Mabry  to  Mary  Edith  Sawyer;  Marion  Ellen 
Hallstrom  to  Marion  Ellen  Rogler;  Helen  Maloney  to  Paula 
Jane  Bozek;  Marie  Lillian  Houston  to  Barbara  Marie  Hays; 
Baby  Blidberg  to  Barrett  Calvin  Leete;  Catherine  Verge  to 
Catherine  Belief euille ;  Karlene  Ann  Woods  to  Constance  Ann 
Bilodeau;  Dorothy  Jane  Guilmette  to  Dorothy  Jane  Lawrence; 
Helen  Joan  Newcombe  to  Helen  Joan  Mizo;  Robert  L.  Con- 
nelly to  Millard  Herbert  Edwards;  Suzanne  Lucille  Cutter  to 
Barbara  Richards;  Mary  Roberta  Trudeau  to  Patricia  Ann 
Gibbons;  Carol  Hickson  Donelan  to  Carole  Gertrude  White; 
Albert   William  Briggs   to   Samuel   Adrien   Flanders;   Paul 
Francis  Beals  to  Paul  Francis  Freeman;  Baby  Kimball  to 


468  Chapter  257  [1941 

Gregory  Lawrence  Cardinal;  Baby  McCarthy  to  Wanda  Ann 
Boynton;  Roland  Joseph  Poehlman  to  Roland  Joseph  Guille- 
mette ;  Annie  MacArthur,  nee  Baxter  Archambeault  to  Annie 
Mac  Arthur;  Yvonne  Rivard  to  Yvonne  Loraine  B  eland; 
Sherman  E.  Starkweather  to  Richard  Henry  Cox;  Emma 
Rose  Belanger  to  Eva  Ouellette;  Pauline  Proulx  to  Pauline 
Gage;  Baby  Norris  to  Robert  Martin  Wheeler;  Jeanne  D'Arc 
Proulx  to  Jeanne  D'Arc  Carrier;  Geraldine  Mary  Jordan  to 
Geraldine  Mary  McRae;  Leslie  Walker  to  Leslie  Byron 
Nichols;  Beryle  Arlene  Allen  to  Beryle  Arlene  Rowell;  Robert 
Bernard  Cormier  to  Robert  Richard  Ranalli ;  Margaret  Mary 
Harte  to  Brenda  Kelley ;  Norman  Erene  Paquette  to  Norman 
Erene  Lefebvre;  Robert  Allen  Sterner  to  Robert  William 
LaPierre ;  Carol  Anne  Carrion  to  Vera  Elizabeth  Gove ;  Joseph 
Richard  Roland  Beliveau  to  Joseph  Richard  Ronald  Tremblay ; 
Jean  Phyllis  Calhoune  to  Jean  Phyllis  Wagner;  Isabelle 
Pailloucq  to  Isabel  Robbins ;  Jean  Pailloucq  to  Jean  Robbins ; 
Paul  loshpa  to  Paul  Robbins ;  Alfred  Lemire  to  Alfred  Albert 
Boulay ;  Steven  Robert  Abbott  to  Steven  Robert  Moody ;  Mary 
Lucy  Alice  Pickard  to  Mary  Lucy  Alice  Bolduc ;  Marcelle  Alice 
Robichaud  to  Marcelle  Alice  Letourneux;  Stephen  Loiselle  to 
Stephen  Connell;  Helen  Marguerite  Andrews  to  Helen  Mar- 
guerite Foskett;  Donald  Leazott  to  Donald  Read;  Arlene 
Frances  Monaco  to  Arlene  Frances  Smith;  Natalie  Francelia 
Winslow  to  Natalie  Francelia  Glines;  Robert  Veroneau  to 
Gilbert  Robert  Boilard;  Michael  R.  Guimont  to  Michael  R. 
Binette;  Jacqueline  Ellen  Decosse  to  Jacqueline  Ellen  Lover- 
ing ;  Shirley  Morrison  to  Shirley  Ann  Gould ;  Barbara  Louise 
Bartrum  to  Barbara  Louise  Tayloff ;  William  John  Novick  to 
William  John  Jackson;  Shirley  Lagasse  to  Shirley  Morisette; 
George  Peterson  to  George  Miller;  Edith  Smith  to  Oxley 
Doreen  Elizabeth;  Grace  Bradis  to  Marlene  Mullen. 

Cheshire  County — Frances  O.  Flagg  to  Frances  Odell 
Clark;  Charles  Babcock  Caldwell  to  William  Allen  Caldwell; 
Harry  Lewis  Bedaw  to  Barry  Lewis  Bedaw;  Leroy  L.  Park- 
hurst  to  Leroy  L.  White;  Edward  Miller  Emmes  to  Edward 
Clifton  Derby;  Francis  X.  Curtin  to  Francis  X.  Watterson; 
Joyce  Ann  Richer  to  Joyce  Anne  Desrosiers ;  Mary  Alice  Wil- 
lard  to  Mary  Alice  Bouvier;  Irene  Joan  Roy  to  Irene  Joan 
Dunn;  Ralph  Wallace  Calkins  to  Ralph  Wallace  Britton; 
Frederick  Palmer  to  Kenneth  Clifford  Foote ;  Evon  Alice  Ber- 


1941]  Chapter  257  469 

thiaume  to  Yvonne  Alice  Georgette  Berthiaume;  Patricia 
Johnson  to  Patricia  Morley;  Annie  S.  Mallila  to  Annie  S. 
Lampinen ;  Barbara  Louise  Cyr  to  Barbara  Louise  Whitcomb ; 
Edward  Franklin  Delory  to  Edward  Franklin  Cornwell; 
Bertha  Delory  to  Bertha  Cornwell;  Edward  Franklin  Delory, 
Jr.  to  Edward  Franklin  Cornwell,  Jr. ;  Paul  Edwin  Delory  to 
Paul  Edwin  Cornwell;  Mary  Ellen  Knapp  Delory  to  Mary 
Ellen  Cornwell;  Baby  Rosen  to  Carolyn  W.  Sleeper;  Leland 
James  Larrabee  to  Stanley  Hiland  Ring ;  Robert  Charles  Ams- 
dam  to  Robert  Charles  Keddie;  Merritt  Giffin  Dana  to  Mar- 
shall Merritt  Dana ;  Olive  H.  Bryant  to  Olive  A.  Hunt ;  James 
L.  Fay  to  Henry  W.  Fay;  Paulina  Anthanetta  Holbrook  to 
Paulina  Anthanetta  Lambert ;  Marilyn  Ann  Cutter  to  Mar  jorie 
Jane  Scott;  Walter  Randall  to  Don  Walter  Randall;  Baby 
Clark  to  Ward  Fletcher  Archer;  Ronald  Frank  Cutter  to 
Ronald  Frank  Reed;  Elbra  E.  Fogg  to  Elbra  E.  Lamb;  Mari- 
lyn Lois  Simonds  to  Marilyn  Lois  Hudson;  Mildred  Smith  to 
Judith  Ann  Mack;  Arthur  Philip  Pelton  to  Arthur  Philip 
Maki ;  Joseph  Stanley  McCormick  to  Joseph  Stanley  Christian ; 
Edward  Croteau  to  Edward  Martin ;  Zoe  Stamopoulas  to  Zoe 
Vrakatitsis;  Dianne  Fulton  to  Dianne  Wilcox;  Virginia 
Haigney  to  Merry  Beth  Russell ;  Sylvia  Denise  Kingsbury  to 
Sylvia  Denise  Montgomery;  Carol  Dinane  Record  to  Carolyn 
Dinane  Carter;  Ronald  David  Cole  to  Ronald  David  Tous- 
saint;  John  Krystopowicz  to  John  Kristof;  Larry  Edward 
Eastman  to  Larry  Edward  Anderson;  Baby  Merrifield  to 
Sandra  Gerda  Johnson ;  Etta  L.  Allen  to  Etta  A.  Lewis ;  Ber- 
nice  Flora  Pollard  to  Bernice  Flora  Tredo;  Joseph  Kubosky 
to  Joseph  Cook ;  Esther  Kubosky  to  Esther  L.  Cook ;  Richard 
Kubosky  to  Richard  Litchfield  Cook;  Murray  John  Patnode 
to  Murray  John  Burt;  Robert  Deruisseau  to  Robert  Joseph 
Collier;  Allen  to  Dana  Kinsman  Foote;  Theodore  Frank 
Chabot  to  Theodore  Frank  Sheppard;  Tony  Salitski  to  Tony 
Seliskey;  Helena  Chensky  to  Helen  Seliskey;  John  Saliskey 
to  John  Seliskey. 

Changed  by  Adoption — Margaret  Ann  Woods  to  Margaret 
Ann  Woods;  Edward  Joseph  Gilbert  to  Edward  Joseph 
Gilbert. 

Sullivan  County — Barbara  Marie  McGuire  Fitts  to  Bar- 
bara Marie  Fitts ;  Jennie  M.  Erskine  to  Jennie  M.  Dearborn ; 
Patricia  Faith  Jennison  to  Patricia  Faith  Smith;  Ellen  Ann 


470  Chapter  257  [1941 

Jenkerson  to  Ellen  Ann  Streeter;  Harry  Lloyd  Jenkerson  to 
Harry  Lloyd  Streeter;  Jeanne  Ann  Rollins  to  Jeanne  Ann 
Nutting;  Leo  Serbian  to  Leo  Dufferin;  Barbara  Anne  Page 
to  Barbara  Anne  Selmi;  Normand  C.  Judd  to  Normand  C. 
Brassaw;  Ernest  J.  Babeux  to  Ernest  J.  Babbitt;  Robert  W. 
Barry  to  Robert  Francis  King;  Fiorentino  Marro  to  Rendy 
Michael  Marro ;  Joseph  Bordan  Peterson  to  Joseph  Bert  Peter- 
son; Dorothy  D.  Young  to  Dorothy  D.  Morse;  Carole  Ida 
Bythrow  to  Carole  Ida  Mardin ;  William  Roach  Wirta  to  Wil- 
liam Roach;  Shirley  Learmouth  to  Shirley  Lucile  Caron; 
Howard  Laurence  Grenache  to  Howard  Laurence  Hutchinson ; 
Edmond  Lusier  to  Herman  Lussier ;  Roberta  May  King  to 
Roberta  May  Barker;  Elias  Ekman  to  George  Eckerman; 
Julius  Martin  Stilson  to  Cecil  Stilson;  Konrad  Anjou  Kauko- 
lander  to  Conrad  Starr ;  Joseph  Leo  Dwire  to  Joseph  Leo  Mer- 
rill ;  Charles  L.  Lozo  to  Charles  L.  Mitchell ;  Hazel  G.  Lozo  to 
Hazel  G.  Mitchell ;  Annie  Mary  Lozo  to  Annie  Mary  Mitchell ; 
Martha  Celina  Lozo  to  Martha  Celina  Mitchell ;  Theresa  Jane 
Lozo  to  Theresa  Jane  Mitchell;  Joseph  Omer  Rousseau  to 
Joseph  Omer  Brooks;  Mary  Alexandra  Sakowich  to  Mary 
Alexandra  Rule;  Julius  Golofsky  to  Julius  Gold;  Charles  A. 
Bouchard  to  Alfred  A.  Bouchard;  Richard  Owen  Bythrow  to 
Eugene  Mark  McGuire;  Elf  red  Michael  Fortune  to  Elf  red 
Michael  Otterson;  Jairus  Hammond  Barnes  to  Jerome  Clyde 
Barnes;  Lawrence  Barney  to  Lawrence  Guy  Dole;  Gloria 
Jeanine  Williams  to  Patricia  Perry;  George  Arlinsky  to 
George  Arlin. 

Grafton  County — Donna  Mae  Andreason  to  Norma  Eliza- 
beth Ward ;  Robert  Abbott  to  Charles  Richard  Dixon ;  Sandra 
Beardsell  to  Carol  Jane  Funkhouser;  Janice  Elaine  Bilodeau 
to  Janice  Elaine  Harris ;  Marion  Virginia  Bromley  to  Marion 
Virginia  Holinbrook;  Edith  Anne  Chase  to  Ann  Glazier; 
Frank  Hazen  Cook  to  Frank  Hazen  Paine;  Donald  Edward 
Cross  to  David  Allen  Roberts;  Leslie  Robert  Devoe  to  Robert 
Lionel  Des  Roches;  Barbara  Louis  Elliott  to  Joan  Elaine  Os- 
good ;  Janice  May  Flanders  to  Janice  May  Flanders ;  Stewart 
Frank  to  Richard  Rainer;  Evelyn  Celena  Forbes  to  Judith 
Lynn  Tyler ;  Mary  Louise  Goodwin  to  Mary  Louise  Goodwin ; 
Dorothy  Patricia  Gillon  to  Dorothy  Patricia  Therrien ;  Hattie 
Irene  Oilman  to  Harriett  Irene  Oilman;  John  Bruce  Henault 
to  John  Parker  Carr;  James  0.  Haldane  to  James  G.  Stiles; 


1941]  Chapter  257  471 

Mary  Elaine  Harding  to  Mary  Elaine  Lee;  Charles  Lewis 
Joscelyn,  Jr.  to  Gene  Howard  Chase;  Francis  Eugene  Kim- 
ball to  John  Osgood  Ellis;  Arthur  Bertrand  Knight  to  Arthur 
Bertrand  Knight,  Jr. ;  Arthur  Bertrand  Knight  Jr.  to  Arthur 
Bertrand  Knight,  2nd;  Mary  Jane  LaPoint  to  Denise  M. 
Longchamps ;  Richard  Donald  Mowers  to  Richard  Donald  Gal- 
lagher; Shirley  Moulton  to  Shirley  Hill;  Alan  Beverly  Mass- 
lick  to  Alan  Herbert;  Donald  McCabe  to  Donald  Fillion; 
Fenton  D.  Moore  to  Fenton  Hurley  Bean ;  David  John  Napsey 
to  David  Clayton  Flanders;  Isabel  Grace  Newell  to  Ruth  Ann 
Clark;  Barbara  Ann  Powell  to  Barbara  Ann  Sycamore; 
Clarence  F.  Polaski  to  Clarence  Francis  Murphy;  Nora  Ivy 
Polaski  to  Nora  Ivy  Murphy ;  Ralph  Ray  Robins  to  Ralph  Ray 
Streeter;  Albert  H.  Rand  to  Robert  Henry  Rand;  Charles 
Stevens  to  David  Charles  Capen;  Laura  Mae  Stevens  to 
Cynthia  Anne  Capen;  Mary  E.  Stevens  to  Mary  Elizabeth 
Jenkins;  Harriet  Elsie  Burroughs  Sherwood  to  Harriet  Elsie 
Burroughs;  Frederick  Edward  Schneider,  Jr.  to  Frederick 
Edward  Schneider,  Jr.;  Henry  Stanley  Stankiewicz  to  Henry 
Stanley  Smith;  James  Stanton  Walker  to  Richard  Kimball 
Longchamps ;  Kathleen  May  Weller  to  Kathleen  Mae  Bronson ; 
Charles  Melvin  Weed  to  Charles  Melvin  Weed  Currier; 
Thedessa  Olive  Weed  to  Thedessa  Olive  Weed  Currier;  Lloyd 
R.  White,  Jr.  to  Lloyd  R.  Allen;  Jay  Field  White  to  Jay  Field 
Allen ;  Bertha  J.  Weller  to  Bertha  J.  Wiley ;  Margaret  Audrey 
Whitcomb  to  Eleanor  Arlenza  Whitcomb;  Marion  Arleta 
Weller  to  Marion  Arleta  Fish. 

Coos  County — Charlie  Haisen  to  Jacob  Charlie  Jassop; 
Pauline  La  Bell  to  Pauline  L.  Keir;  Mary  Doris  Guilmette  to 
Mary  Doris  Waters ;  Leroy  Llewellyn  Mosher  to  Leroy  Llewel- 
lyn Hatt;  Marie  Delia  Dennis  to  Marie  Delia  Sheehy;  Albert 
Healy  to  Albert  Healy  Hickey ;  Helen  Milbury  Haley  to  Helen 
Milbury;  Durward  William  Warren  to  Durward  William 
Blair. 

Changed  by  Adoption — Priscilla  May  Thompson  to  Priscilla 
May  Gray;  Elizabeth  Ann  Willson  to  Elizabeth  Ann  Prevost; 
George  R.  Smith,  Jr.  to  George  Smith  Merrow ;  Eleanor  Cora 
Glidden  to  Eleanor  Cora  Russell;  Katherine  Linnell  to 
Katherine  Dipucchio;  Glenarron  Delano  to  Glenarron  Ander- 
son; Robert  King  to  Robert  Bruce  Parker;  Patricia  Ann 
Peterson  to   Patricia  Ann   Masters;   William   Dorr  to   Roy 


472  Chapter  257  [1941 

George  Huntoon ;  Ernest  Oscar  to  Ernest  Oscar  Dale ;  Richard 
Paul  Gade  to  Richard  Gade  Williams ;  William  Lester  Booth  to 
William  Lester  Terrill;  Peter  Parent  to  Guy  Wayne  Grady; 
Lucille  Doris  Merrill  to  Lucille  Doris  Filteau;  Lillian  Mary 
Napert  to  Lillian  Mary  Garon ;  Ronald  D.  LaClair  to  Clayton 
Ronald  Larkin;  Dorothea  Gagnon  to  Dorothea  Oleson;  Wil- 
liam Fred  Lang  to  William  Frederick  Bowin. 

From  January,  1939  to  January,  1941,  the  registers  of 
probate  returned  to  the  secretary  of  state  the  following 
changes  of  names  made  by  the  superior  court  in  divorce  pro- 
ceedings : 

Rockingham  County  —  Mildred  W.  Carano  to  Mildred 
Webber;  Lucy  Olive  Michie  to  Lucy  Olive  Snyder;  Alice  M. 
Pratt  to  Alice  M.  Gove;  Alice  M.  Rippy  to  Alice  Hanson 
Markey;  Annie  T.  Roche  to  Annie  T.  Fleming;  Faoline  H. 
Rylander  to  Faoline  H.  Colby ;  Ruby  Marshall  Langley  to  Ruby 
Marshall;  Dorothy  A.  Merola  to  Dorothy  A.  Deroucher; 
Doris  S.  Moulton  to  Doris  S.  Spackman ;  Elinor  S.  Newhall  to 
Elinor  S.  Piper;  Dorothy  Bonney  Rowe  to  Dorothy  Bonney; 
Dorothy  Dunphy  Vanden  Molen  to  Dorothy  Dunphy;  Carrie 
Weatherly  to  Carrie  E.  Page;  Hazel  I.  Manning  to  Hazel  I. 
Patch ;  Martha  Jennie  Blester  to  Martha  Jennie  Whittemore ; 
Ella  Amelia  Tucker  to  Ella  Amelia  Vondal ;  Hazel  M.  Buzzell 
to  Hazel  M.  Butler;  Abbie  E.  Dolton  to  Abbie  E.  Kosch;  June 
S.  Smith  to  June  Standish  Taylor ;  Elaine  J.  Gordon  to  Elaine 
J.  Jordan;  Marion  F.  Wetmore  to  Marion  Flanders;  Frances 
Langdon  Bukata  to  Frances  Langdon  Henson ;  Esther  Bessie 
Baker  to  Esther  Bessie  Fearer;  Florence  Hinckley  Naylor  to 
Florence  Hinckley. 

Strafford  County  —  Mabel  Olko  to  Mabel  Brown; 
Madeline  G.  Glass  to  Madeline  G.  Eastman ;  Martha  David  to 
Martha  Costoras;  Dorothy  L.  Webster  to  Dorothy  L.  Gilson; 
Gladys  Grace  Deal  to  Gladys  Grace  Edgerly;  Catherine  T. 
Croteau  to  Catherine  T.  Crennan;  Arlene  E.  Laverdiere  to 
Arlene  E.  Knox;  Jeannette  L  MacDonald  to  Jeannette  Irene 
Roberts ;  Beatrice  V.  Buzzell  to  Beatrice  V.  Woodman ;  Annie 
B.  Kent  to  Annie  B.  Maloney;  Adelaide  C.  Van  Buskirk  to 
Adelaide  C.  Janes;  Enid  H.  Cook  to  Enid  H.  Hayes;  Marion 
A.  Mayott  to  Marion  A.  Wyatt;  Helen  B.  Walsh  to  Helen  B. 
Gagne;   Frances  L.   Spiridondes  to  Frances  L.   Richardson; 


1941]  Chapter  257  473 

Marguerite  Hildreth  Hall  to  Marguerite  M.  Hildreth;  Annie 
C.  Brassaw  to  Annie  C.  Clement;  Phyllis  D.  Braga  to  Phyllis 
E.  Daggett;  Roberta  L.  Mills  to  Roberta  L.  Miles;  Helen  M. 
Hanson  to  Helen  Marie  Jeneau. 

The  following  names  were  changed  at  the  time  of  naturali- 
zation: Joao  Pereia  to  John  Perry;  Joseph  Murray  Ivanhoe 
Levesque  to  Maurice  Ivanhoe  Levesque;  Hagop  Garabed 
Banaian  to  Jacob  Banaian;  Cleopatra  George  Melonous  to 
Clara  George  Melonous;  Marie  Leona  Belonise  Scrosati  to 
Marie  Leona  Scrosati;  Abdo  Albert  George  to  Albert  George; 
Elias  Shivel  to  Elias  Khoury  Hashem;  Jan  Piecuch  to  John 
Piecuch;  Alexander  Diamondis  to  Alexander  Diamond; 
Kyreakos  John  Pastedenos  to  Charles  John  Pastene;  Hattie 
Leona  Gravel  to  Henrietta  Leona  Gravel;  Francois  Elzear 
Pepin  to  Frank  Elzear  Pepin;  Joseph  Ovila  Leon  Alphonse 
Ferland  to  Leonard  Joseph  Ferland;  Tom  Joseph  Abiseleah  to 
Tom  Joseph. 

Belknap  County  —  Doris  Geddis  to  Doris  Dickson ;  Dora 
Mary  Drouin  to  Dora  Mary  Tardiff;  Margaret  S.  Hall  to 
Margaret  S.  Taylor;  Helen  Beatrice  Drury  to  Helen  Beatrice 
Bousquette;  Lilla  G.  Baker  to  Lilla  B.  Gould;  Shirley  M. 
Granger  to  Shirley  M.  Towle ;  Ludovica  L.  Schelin  to  Ludovica 
L.  Williams;  Esther  K.  Maynard  to  Esther  Louise  Kelley; 
Delsie  K.  Janssen  to  Delsie  Knapp ;  Eleanor  Jordan  Crosby  to 
Eleanor  Mae  Jordan ;  Lucille  Cooney  to  Lucille  C.  Hamel. 

Carroll  County — A.  Gertrude  Emerson  to  A.  Gertrude 
Sturtevant;  Mildred  R.  Libbey  to  Mildred  Robinson. 

Merrimack  County  —  Lillian  B.  Mattice  to  Lillian  B. 
Browning;  Bernice  C.  Filion  to  Bernice  C.  Brozeau;  Freeda 
E.  Reardon  to  Freeda  E.  Whiting;  Irene  M.  Arthur  to  Irene 
M.  Crowley;  Lillian  M.  Archibald  to  Lillian  Mae  Kennedy; 
Dorothy  O'Leary  Duval  to  Dorothy  J.  O'Leary;  Vivian  R. 
Mercier  to  Vivian  R.  Vadney;  Naomi  B.  Maltais  to  Naomi  B. 
Wentworth;  Mildred  Breen  to  Mildred  Chaput;  Madeline  L. 
Schott  to  Madeline  Ellis;  Elizabeth  P.  Bushey  to  Elizabeth 
Kimball  Prescott;  Ida  Alice  Beauley  to  Ida  Alice  Blodgett; 
Grace  B.  Decrow  to  Grace  B.  Smith;  June  0.  Milligan  to  June 
Carol  Orr;  Lucy  A.  Buzzell  to  Lucy  Airetta  Cole;  Thelma 
Leighton  Schoch  to  Thelma  Leighton;  Olive  N.  Emerson  to 
Olive  Nettie  Corey;  Florence  C.  Young  to  Florence  Dorothy 


474  Chapter  257  [1941 

Corriveau;  Virginia  M.  Taylor  to  Virginia  May  Rines; 
Mildred  E.  Lindemulder  to  Mildred  Denton ;  Bernice  R.  Daley 
to  Bernice  Ruth  Young. 

Hillsborough  County  —  Goldie  Geraldine  Wiggins  to 
Goldie  Geraldine  Soper;  Eleanor  W.  Harrington  to  Eleanor 
W.  Welch;  Mary  V.  Gaskin  to  Mary  V.  Conley;  Barbara  G. 
Adams  to  Barbara  G.  Davis;  May  Pearson  Pierce  to  May 
Pearson;  Violet  Ledoux  Hoyt  to  Violet  Ledoux;  Rose  D. 
Dodge  to  Rose  Delia  Bunton;  Irene  Peabody  to  Irene  Lord; 
Frances  Olive  Howard  to  Frances  Olive  Mullikin ;  Thelma  H. 
Teuber  to  Thelma  Ham;  Margaret  Barrett  Gourdeau  to 
Margaret  Barrett ;  Ethel  A.  Duddy  to  Ethel  A.  Keef e ;  Theresa 
C.  Carrick  to  Theresa  Joziatis ;  Elsie  Keefe  to  Elsie  Flanders ; 
Pauline  Lucille  Fairfield  to  Pauline  Lucille  MacCormack; 
Estelle  Durand  to  Estelle  Rzeznikiewicz ;  Helga  Warren  to 
Helga  Hutz  Adams;  Esther  L.  Bridgess  to  Esther  L.  Pitcher; 
Gertrude  Marie  Havey  to  Gertrude  Marie  Gauthier;  Yvonne 
Hatch  to  Yvonne  Lemay ;  Dorothy  Gedenberg  to  Dorothy  Mc- 
Kelvey;  Marion  M.  Carrier  to  Marion  Myrtle  Gushing; 
Margaret  F.  Popple  to  Margaret  B.  Flagg;  Rose  Baron  to 
Rose  Chartier;  Simone  Olena  to  Simone  Metropolis;  Gene 
Nelson  Atwood  Cassidy  to  Gene  Nelson  Atwood;  Ruth  A. 
P.  Kelley  to  Ruth  A.  P.  Worthen;  Lyn  Allen  to  Lyn 
Brown;  Ruth  Hall  Manolesco  to  Ruth  Hall;  Katherine 
M.  Paquette  to  Katherine  M.  Healy;  Jennie  V.  Jensen 
to  Jennie  Marie  Valliere;  Alice  M.  Spinks  to  Alice  H. 
Murphy;  Bernice  Soter  to  Bernice  Lucien;  Irene  Moore  to 
Irene  Camelbeek;  Orma  W.  Fisher  to  Orma  W.  Wheaton; 
Lucille  Billman  to  Lucille  Dane;  Elsie  Hardman  to  Elsie 
Thompson ;  Caroline  Sherburne  to  Caroline  Mazur ;  Constance 
Fiske  to  Constance  Smart ;  Vera  E.  Soucy  to  Vera  E.  George ; 
Valida  Girouard  to  Valida  Bellefleur;  Flora  Mae  Anctil  to 
Flora  Mae  Belanger;  Violet  Larouche  to  Violet  Anderson; 
Ruth  Mason  Kelley  to  Ruth  Mason;  Dorothy  Evelyn  Hunt 
Callahan  to  Dorothy  Evelyn  Hunt;  Ella  I.  George  to  Ella  I. 
Putnam;  Doris  Freelove  Perdue  to  Doris  Freelove  Melcher; 
Beatrice  0.  Maybay  to  Beatrice  Ora  Denoncourt;  Blanche  A. 
Lajoie  to  Blanche  A.  Desjardins. 

Cheshire  County — Nora  Capen  Wilson  to  Nora  L.  Capen ; 
Eva  Mary  Lawrence  to  Eva  Mary  Desmarais;  Elsie  C.  Wes- 


1941]  Chapter  257  475 

come  to  Elsie  Clara  Lounder;  Hazel  M.  Sprague  Warn  to 
Hazel  M.  Sprague ;  Mae  D.  Naromore  to  Mae  D.  Miner ;  Laura 
E.  G.  Lane  to  Laura  E.  Gauthier;  Bertha  Alice  Conant  to 
Bertha  Alice  Taylor;  Mildred  LaBombard  Little  to  Mildred 
Marion  LaBombard;  Edith  G.  Champney  to  Edith  G. 
Mathews ;  Mary  Estey  to  Mary  Eleanor  Connor ;  Gladys  May 
Baronoski  to  Gladys  May  Robb ;  Mary  M.  Underwood  to  Mary 
Marnell;  Addie  C.  Wilbur  to  Addie  H.  Carter;  Matilda  A. 
Whitcomb  to  Matilda  A.  Hinds;  Ruth  P.  Hoffman  Rue  to 
Ruth  Phyllis  Hoffman;  Lois  Lodelle  Wo j chick  to  Lois  Lodelle 
Smart. 

Sullivan  County — Nellie  W.  Burns  to  Nellie  W.  Hanley; 
Marion  A.  Pariseau  to  Marion  A.  Honny;  Cora  Lalibertee  to 
Cora  Roberts;  Myrtle  A.  Chapman  to  Myrtle  A.  Yetman; 
Frances  L.  Dane  to  Frances  L,  Tulin ;  Ruby  Kendall  Hemphill 
to  Ruby  Kendall ;  Ruth  E.  Cassavaugh  to  Ruth  E,  Pettengill ; 
Margaret  V.  Pariseau  to  Margaret  V.  Maclntyre ;  Hazel  Lord 
Burns  to  Hazel  Lord;  Helene  B.  Light  to  Helene  C.  Baird; 
Celia  B.  Matson  to  Celia  Bruce ;  Julie  Eva  Morse  to  Julie  Eva 
Short;  Virginia  Ruuskanen  to  Virginia  Taimi;  Ada  B.  Max- 
field  to  Ada  B.  Calkins. 

Grafton  County  —  Eva  Newell  Schuck  to  Eva  Newell ; 
Eloise  L.  Delsanter  to  Eloise  L.  Marcus;  Marguerite  Sweet 
Wolf sohn  to  Marguerite  Sweet ;  Madeline  C.  Boyd  to  Madeline 
C.  McCue;  Lila  G.  Neitz  to  Lila  S.  Goodwin;  Alice  Farr  to 
Alice  A.  LaBombard;  Marion  Hoyt  Mickelboro  to  Marion 
Hoyt;  Mattie  S.  Cram  to  Mattie  S.  Dunham;  Margot  R.  St. 
Lawrence  to  Margot  Averill  Robie;  Jessie  S.  Woodman  to 
Jessie  N.  Saulnier;  June  E.  Brooker  to  June  Esmar  Stevens; 
Rita  J.  Dow  to  Rita  Janet  Somers;  Evelyn  D.  Towne  to 
Evelyn  D.  Grapes;  Elizabeth  B.  Cutler  to  Elizabeth  Kenny; 
Bertha  L.  Vaughn  to  Bertha  L.  Schrafft ;  Monica  M.  Valley  to 
Monica  M.  Houghton ;  Margaret  L  Lee  to  Margaret  I.  Moran ; 
Lois  G.  Guernsey  to  Lois  G.  Gibbs ;  Doris  D.  Kebrich  to  Doris 
Doll;  June  P.  York  to  June  Pounder;  Margaret  E.  Bowman 
to  Margaret  E.  Cotnoir;  June  P.  Enos  to  June  P.  Young. 

Coos  County  —  Laura  R.  Hunter  to  Laura  R.  Hafford; 
Claire  H.  Balko  to  Claire  H.  LePage;  Ethel  Foster  Hurd  to 
Ethel  Foster ;  Shirley  R.  Sawyer  to  Shirley  R.  Bryan ;  Geral- 
dine  G.  Wiswell  to  Geraldine  G.  Belville;  Agatha  Robert  to 
Agatha  McKenna. 


PRIVATE  ACTS 


CHAPTER  258. 


AN   ACT   LEXJALIZING   THE    NOVEMBER,    1940,    ELECTION    IN   THE 

TOWN  OF  WILTON. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  of  the  town  of  Wilton,  held  on  the  twelfth 
[fifth]  day  of  November,  1940,  are  hereby  legalized,  ratified 
and  confirmed. 

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

[Approved  January  14,  1941.] 


CHAPTER  259. 


AN  ACT  AUTHORIZING  THE  TOWN  OP  CANDIA  TO  ISSUE  REFUNDING 

NOTES  OR  BONDS. 

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

1.  Authorization.  The  town  of  Candia  is  hereby  author- 
ized to  issue  its  serial  notes  or  bonds  to  an  amount  not  ex- 
ceeding ten  thousand  dollars  ($10,000)  for  the  purpose  of  re- 
funding outstanding  indebtedness.  Said  serial  notes  or  bonds 
shall  be  signed  by  the  selectmen  and  countersigned  by  the 
treasurer. 

2.  Terms.  Said  issue  of  said  serial  notes  or  bonds  shall  be 
due  and  payable  at  such  times,  not  more  than  twenty  years 
from  their  date  of  issue,  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.  Proceedings  Legalized.  The  proceedings  of  the 
adjourned  town  meeting  held  in  said  Candia  on  May  15,  1940, 
so  far  as  they  relate  to  the  appropriations  for  the  purposes  set 


1941]  Chapters  260,  261  477 

forth  in  section  1  and  the  issuance  of  notes  or  bonds  in  pur- 
suance thereof  are  hereby  legahzed,  ratified  and  confirmed, 
and  made  as  effective  as  if  such  proceedings  were  taken  after 
the  passage  of  this  act. 

4.  Application  of  General  Laws.  Except  as  otherwise 
provided  in  this  act,  the  provisions  of  chapter  59  of  the 
Pubhc  Laws  shall  apply  to  the  serial  notes  or  bonds  herein 
authorized. 

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

[Approved  January  30,  1941.] 


CHAPTER  260. 


AN  ACT  VALIDATING  A  MEETING  OF  THE  COOS  COUNTY 
CONVENTION. 

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

1.  Meeting  Validated.  The  meeting  of  the  county  conven- 
tion of  Coos  county  held  January  16,  1941,  is  hereby  validated 
notwithstanding  any  irregularity  in  the  calling  or  holding 
thereof. 

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

[Approved  January  30,  1941.] 


CHAPTER  261. 


AN   ACT   LEGALIZING   THE    NOVEMBER,    1940,    ELECTION    IN    THE 
TOWN  OF  BRENTWOOD. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  of  the  town  of  Brentwood,  held  on  the 
fifth  day  of  November,  1940,  are  hereby  legalized,  ratified  and 
confirmed. 

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

[Approved  February  11,  1941.] 


478  Chapters  262,  263,  264  [1941 

CHAPTER  262. 

AN  ACT  LEGALIZING  THE  1940  BIENNIAL  ELECTION  IN  THE  TOWN 

OF  GILMANTON. 

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  Gilmanton,  held  on  the 
fifth  day  of  November,  1940,  are  hereby  legalized,  ratified  and 
confirmed. 

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

[Approved  February  11,  1941.] 


CHAPTER  263. 


AN  ACT  LEGALIZING  THE  BIENNIAL  NOVEMBER,   1940,  ELECTION 
IN  THE  TOWN  OF  DERRY. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  of  the  town  of  Derry,  held  on  the  fifth 
day  of  November,  1940,  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  February  11,  1941.] 


CHAPTER  264. 


AN  ACT  LEGALIZING  THE  NOVEMBER  ELECTION  IN  THE  TOWN  OF 

FREMONT. 

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

1.  Proceedings  Legalized.  The  votes  and  procedings  of 
the  biennial  election  held  on  the  fifth  day  of  November,  1940, 
in  the  town  of  Fremont  are  hereby  legalized,  ratified  and  con- 
firmed. 


1941]  Chapter  265  479 

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

[Approved  February  12,  1941.] 


CHAPTER  265. 


AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  LACONIA  AND 
PROVIDE   FOR   BIENNIAL  ELECTIONS. 

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

1.  Biennial  Elections.  Amend  section  12  of  chapter  241 
of  the  Laws  of  1893  by  striking-  out  the  whole  and  inserting  in 
place  thereof  the  following:  Sect.  12.  Biennial  meetings  of 
the  inhabitants  of  said  city  shall  be  held  in  the  several  wards 
on  the  second  Tuesday  of  March,  beginning  March  11,  1941, 
for  the  choice  of  all  such  city,  ward  and  school  officers,  ex- 
cept moderators,  ward  clerks  and  supervisors,  as  are  elected 
by  the  people.  Their  election  shall  be  by  ballot,  and  the  terms 
of  their  respective  offices  shall  commence  on  the  fourth  Tues- 
day of  March  following  such  election. 

2.  Selectmen.  Amend  section  13  of  chapter  241  of  the 
Laws  of  1893  by  striking  out  the  whole  thereof  and  by  insert- 
ing in  place  thereof  the  following:  Sect.  13.  At  the  first 
election  under  this  act  a  moderator  and  ward  clerk  shall  be 
chosen,  by  and  from  the  qualified  voters  of  each  ward,  who 
shall  hold  their  respective  offices  until  the  close  of  the  biennial 
election  in  November,  1894;  and  thereafter,  at  each  state 
biennial  election,  a  moderator  and  ward  clerk  shall  be  chosen, 
by  and  from  the  qualified  voters  of  each  ward,  who  shall  hold 
their  respective  offices  for  the  term  of  two  years.  The  mem- 
bers of  the  present  board  of  selectmen  in  each  ward  shall  con- 
tinue in  office  until  their  respective  terms  expire  or  until  their 
successors  are  chosen  and  qualified.  At  the  biennial  meeting 
in  1941  there  shall  be  chosen  by  and  from  the  qualified  voters 
of  each  ward  one  selectman  to  serve  for  the  term  of  four 
years;  at  the  biennial  meeting  in  1943  there  shall  be  chosen 
by  and  from  the  qualified  voters  of  each  ward  one  selectman 
to  serve  for  the  term  of  four  years,  and  one  selectman  to  serve 
for  the  term  of  six  years ;  and  at  each  biennial  meeting  there- 


480  CHA.PTER  265  [1941 

after  one  selectman  shall  be  chosen  by  and  from  the  qualified 
voters  of  each  ward  to  serve  for  the  term  of  six  years  each. 
All  vacancies  in  the  office  of  moderator,  ward  clerk  or  select- 
man shall  be  filled  by  the  city  council. 

3.  Mayor.  Amend  section  14  of  chapter  241  of  the  Laws 
of  1893  by  striking  out  the  word  "annually"  in  the  first  line 
and  inserting  in  place  thereof  the  word,  biennially,  and  by 
striking  out  the  word  "three"  in  the  tenth  line  and  inserting 
in  place  thereof  the  word,  five,  so  that  said  section  as  amended 
shall  read  as  follows :  Sect.  14.  The  mayor  of  said  city  shall 
be  chosen  biennially,  and  shall  have  the  same  negative  upon  all 
the  actions  of  the  council  as  by  the  public  statutes  the  mayors 
of  cities  are  given  upon  the  action  of  aldermen.  He  shall  pre- 
side in  the  meetings  of  the  city  council,  but  shall  have  no  vote 
except  in  case  of  an  equal  division.  In  his  absence  the  council 
may  elect  one  of  their  number  chairman,  who  shall  have  all 
the  powers  and  perform  all  the  duties  of  mayor  during  his 
absence  or  disability,  or  during  a  vacancy  in  said  office  from 
any  cause.  The  mayor  shall  receive  in  full  for  his  services  an 
annual  salary  of  five  hundred  dollars,  payable  semi-annually, 
which  shall  be  in  full  for  all  services  of  every  kind  rendered 
by  him  in  said  office. 

4.  Councilmen.  Amend  section  15  of  chapter  241  of  the 
Laws  of  1893  as  amended  by  section  3,  chapter  200,  Laws  of 
1901,  chapter  192,  Laws  of  1903,  section  3,  chapter  213,  Laws 
of  1903,  and  section  2  of  chapter  291  of  the  Laws  of  1911  by 
striking  out  all  of  said  section  and  inserting  in  place  thereof 
the  following:  Sect.  15.  There  shall  be  chosen  biennially  by 
and  from  the  qualified  voters  of  each  of  the  several  wards  of 
said  city  one  councilman  to  serve  for  the  term  of  two  years. 

5.  City  Clerk.  Amend  section  17  of  chapter  241  of  the 
Laws  of  1893,  as  amended  by  chapter  316,  Laws  of  1917, 
chapter  271,  Laws  of  1921,  and  chapter  281,  Laws  of  1931, 
by  striking  out  the  words  "first  meeting  May  3,  1893,"  and 
inserting  in  place  thereof  the  words,  meeting  on  March  25, 
1941,  and  by  striking  out  the  word  "annually"  in  the  second 
line  and  inserting  in  place  thereof  the  word,  biennially,  so  that 
said  section  as  amended  shall  read  as  follows:  Sect.  17. 
The  mayor  and  council  shall,  at  their  meeting  on  March  25, 
1941,  and  thereafter  biennially,  on  the  fourth  Tuesday  of 


1941]  Chapter  265  481 

March,  meet  for  the  purpose  of  taking  their  respective  oaths, 
and  shall  elect  a  city  clerk,  who  shall  be  clerk  of  the  city 
council  and  have  a  salary  of  three  thousand  dollars  per  annum. 
All  fees  received  by  the  city  clerk  shall  be  turned  over  by  said 
clerk  to  the  city  treasurer  for  the  use  of  the  city  of  Laconia. 

6.  Board  of  Education.  Amend  section  20  of  chapter  241 
of  the  Laws  of  1893  as  amended  by  section  2  of  chapter  282 
of  the  Laws  of  1921  by  striking  out  all  of  said  section  and  by 
inserting  in  place  thereof  the  following :  Sect.  20.  The  gen- 
eral management  and  control  of  the  public  schools,  and  of  the 
buildings  and  property  pertaining  thereto,  shall  be  vested  in 
a  board  of  education,  consisting  of  six  members,  elected  by 
the  qualified  voters  of  the  city.  The  members  of  the  present 
board  of  education  shall  continue  in  office  until  their  respective 
terms  expire,  or  until  their  successors  are  elected  and 
qualified.  At  the  biennial  meeting  in  1941  two  members  of 
the  board  of  education  shall  be  elected  for  the  term  of  four 
years  each ;  at  the  biennial  meeting  in  1943  two  members  shall 
be  elected  for  the  term  of  four  years  each,  and  two  members 
for  the  term  of  six  years  each ;  at  each  biennial  meeting  there- 
after two  members  shall  be  elected  for  a  term  of  six  years 
each.  The  board  of  education  shall  have  the  power,  perform 
all  the  duties,  and  be  subject  to  the  liabilities  pertaining  to 
school  boards  of  towns,  except  as  otherwise  provided  by  law. 
All  bills,  notes  and  demands  made  or  contracted  for  school 
purposes  shall  be  paid  from  the  city  treasury.  Members  of 
the  board  of  education  shall  receive  such  compensation  as  the 
city  council  shall  determine. 

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

[Approved  February  20,  1941.] 


482  Chapters  266,  267  [1941 

CHAPTER  266. 

AN  ACT  AUTHORIZING  THE  PITTSFIELD  SCHOOL  DISTRICT  IN  THE 

TOWN   OF  PITTSFIELD  TO   BORROW   MONEY  AND   TO   ISSUE 

SERIAL  BONDS  OR  NOTES. 

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

1.  Authority  to  Borrow  Money.  The  Pittsfield  School  Dis- 
trict in  the  town  of  Pittsfield  is  hereby  authorized  to  borrow 
on  its  credit  a  sum  not  exceeding-  sixty  thousand  dollars  for 
the  purpose  of  constructing  and  equipping  a  new  schoolhouse 
in  said  district,  and  for  acquiring  necessary  real  estate  there- 
for. 

2.  Bonds  or  Notes  Authorized.  The  school  board  of  said 
district  is  hereby  authorized  and  empowered  to  issue  for  and 
in  behalf  of  said  district  serial  notes  or  bonds  to  the  amount 
of  sixty  thousand  dollars  for  the  purpose  of  constructing  and 
equipping  a  schoolhouse  in  said  district,  and  for  acquiring 
necessary  real  estate  therefor. 

3.  Debt  Limit.  The  debt  authorized  by  this  act  shall  be 
the  limit  of  bonded  indebtedness  for  said  district  and  shall  be 
exempt  from  the  limitation  imposed  upon  the  borrowing 
capacity  of  said  district  by  section  7  of  chapter  59  of  the 
Public  Laws  (commissioners'  report,  chapter  72,  section  7). 

4.  Application  of  Laws.  Except  as  otherwise  provided  in 
this  act  the  provision  of  the  Municipal  Bonds  Statute  shall 
apply  to  the  notes  or  bonds  herein  authorized. 

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

[Approved  February  26,  1941.] 


CHAPTER  267. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  SANDOWN  TO  ISSUE 
REFUNDING  NOTES  OR  BONDS. 

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

1.     Authorization.     The  town  of  Sandown  is  hereby  author- 
ized to  issue  its  serial  notes  or  bonds  to  an  amount  not  ex- 


1941]  Chapter  268  483 

ceeding-  seven  thousand  dollars  ($7,000)  for  the  purpose  of 
refunding  outstanding  indebtedness.  Said  serial  notes  or 
bonds  shall  be  signed  by  the  selectmen  and  countersigned  by 
the  treasurer. 

2.  Term.  Said  issue  of  serial  notes  or  bonds  shall  be  due 
and  payable  at  such  time,  not  more  than  fifteen  years  from 
their  date  of  issue,  and  in  such  amounts,  and  in  such  manner 
as  the  board  of  selectmen  and  treasurer  of  said  town  may 
determine,  at  a  rate  of  interest  to  be  fixed  by  said  board. 

3.  Application  of  General  Law.  Except  as  otherwise  pro- 
vided in  this  act,  the  provisions  of  chapter  59  of  the  Public 
Laws  (chapter  72,  commissioners'  report)  shall  apply  to  the 
serial  notes  or  bonds  herein  authorized. 

4.  Limitation.  The  proceeds  of  the  notes  or  bonds  author- 
ized by  this  act  shall  be  used  solely  for  the  payment  of  out- 
standing notes  given  in  anticipation  of  taxes  and  for  the 
restoration  of  trust  funds. 

5.  Takes  Effect.  This  act  shall  take  effect  when  its  pro- 
visions shall  have  been  approved  by  a  majority  of  those 
present  and  voting  at  the  regular  or  any  special  meeting  of 
the  legal  voters  of  the  town  of  Sandown  during  the  year  1941, 
the  warrant  for  which  shall  contain  an  article  calling  for  the 
consideration  of  such  approval. 

[Approved  February  26,  1941.] 


CHAPTER  268. 


AN  ACT  TO  AMEND  THE  CHARTER  OF  COLBY  JUNIOR  COLLEGE  FOR 

V^OMEN.  , 

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

1.  Property  Authorized.  Amend  section  2  of  the  charter 
of  Colby  Junior  College  for  Women,  an  act  approved  July  4, 
1837,  chapter  29  of  the  Private  Acts  passed  at  the  June,  1837 
session  of  the  General  Court,  as  amended  by  chapter  1620  of 
the  Laws  of  1854,  chapter  1741  of  the  Laws  of  1855,  chapter 
83  of  the  Laws  of  1867,  chapter  91  of  the  Laws  of  1875, 
chapter  134  of  the  Laws  of  1878,  chapter  236  of  the  Laws  of 
1891,  chapter  206  of  the  Laws  of  1903,  chapter  327  of  the 


484  Chapter  269  [1941 

Laws  of  1929,  and  by  chapter  311  of  the  Laws  of  1933,  by 
striking  out  said  section  2  and  substituting  therefor  the 
following:  Sec.  2.  Be  it  further  enacted,  that  said  corpora- 
tion may  establish  an  institution  in  the  town  of  New  London 
in  the  county  of  Merrimack  for  the  education  and  instruction 
of  youth  in  useful  knowledge,  may  erect,  own  and  maintain 
suitable  buildings  therefor,  and  may  hold  real  and  personal 
estate  to  an  amount  not  exceeding  the  sum  of  two  million 
dollars,  and  that  all  gifts,  donations,  bequests  or  legacies  that 
may  from  time  to  time  be  given  or  bequeathed  to  said  insti- 
tution may  be  received,  held  and  possessed,  or  be  sold  and 
disposed  of  by  said  corporation  for  the  use  and  benefit  of  said 
institution,  and  the  interests,  rents,  and  profits  of  the  same 
applied  by  the  corporation  in  such  a  manner,  as  will  best  pro- 
mote the  object  of  said  institution. 

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

[Approved  February  27,  1941.] 


CHAPTER  269. 

AN  ACT  RELATIVE  TO  THE  DOVER  CHILDREN'S  HOME. 

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

1.  The  Dover  Children's  Home.  Amend  section  1  of 
chapter  267  of  the  Laws  of  1909  by  striking  out  the  word 
"two"  in  the  third  line  and  inserting  in  place  thereof  the 
word,  five,  so  that  said  section  as  amended  shall  read 
as  follows:  Section  1.  The  Dover  Children's  Home,  a  body 
corporate,  is  hereby  authorized  to  hold  by  gift,  grant,  bequest, 
purchase  or  otherwise  real  estate  and  personal  property  to  the 
amount  of  five  hundred  thousand  dollars. 

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

[Approved  March  4,  1941.] 


1941]  Chapters  270,  271  485 

CHAPTER  270. 

AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  ELLIOT  HOSPITAL  OF 
THE  CITY  OF  MANCHESTER. 

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

1.  Elliot  Hospital.  Amend  chapter  178  of  the  Laws  of 
1881,  as  amended  by  chapter  309,  Laws  of  1909,  by  striking 
out  the  whole  of  section  2  and  inserting  in  place  thereof  the 
following:  Sect.  2.  Said  corporation  is  hereby  authorized  to 
establish  and  maintain  in  the  city  of  Manchester  an  institu- 
tion for  such  nursing,  care,  support,  and  medical  and  surgical 
treatment  of  sick  and  disabled  people,  as  are  usually  provided 
and  furnished  by  similar  institutions;  and  for  such  purposes 
may  acquire  and  hold  by  lease,  purchase,  donation,  deed,  will, 
or  otherwise,  real  and  personal  estate  not  exceeding  in  value 
one  million  five  hundred  thousand  dollars ;  and  said  institution 
being  in  the  nature  of  a  public  charity,  its  property  shall  be 
exempted  from  taxation. 

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

[Approved  March  13,  1941.] 


CHAPTER  271. 

AN  ACT  TO  AMEND  THE  CHARTER  OF  MASONIC  HOME. 

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

1.  Masonic  Home.  Amend  chapter  194  of  the  Laws  of 
1883  as  amended  by  chapter  151  of  the  Laws  of  1897,  chapter 
194  of  the  Laws  of  1901,  chapter  214  of  the  Laws  of  1909, 
chapter  323  of  the  Laws  of  1929,  and  chapter  274  of  the  Laws 
of  1935,  by  striking  out  the  whole  of  section  4  and  inserting 
in  place  thereof  the  following:  Sect.  4.  The  officers  of  this 
corporation  shall  be  a  president,  a  vice-president,  a  clerk,  a 
treasurer,  with  such  duties  respectively  as  usually  attach  to 
those  offices,  and  a  board  of  sixteen  trustees,  four  of  whom 
shall  be  the  Grand  Master,  the  Deputy  Grand  Master,  the 
Senior  Grand  Warden  and  the  Junior  Grand  Warden  of  the 


486  Chapter  272  [1941 

Grand  Lodge  of  Free  Masons  ex  officio.  The  Grand  Master 
of  the  Grand  Lodge  of  Free  Masons  shall  be  president 
ex  officio  of  the  corporation.  Twelve  members  of  the  board 
of  trustees  shall  be  elected  by  the  corporation,  and  shall  hold 
their  offices  for  such  time  as  may  be  provided  for  in  the  by- 
laws. The  board  of  trustees  shall  have  the  management  and 
control  of  all  the  affairs  of  the  corporation  and  shall  have  and 
be  vested  with  all  its  powers.  They  shall  elect  annually  a 
chairman,  who  shall  be  also  the  vice-president  of  the  corpora- 
tion, a  clerk,  who  shall  be  also  the  clerk  of  the  corporation, 
and  be  sworn  to  the  faithful  discharge  of  his  duty,  and  a 
treasurer  of  the  corporation,  who  shall  give  bond  with 
sufficient  sureties  to  the  satisfaction  of  the  board;  and  all  of 
said  elective  officers  shall  continue  in  office  until  their  suc- 
cessors are  chosen  and  qualified.  In  case  of  vacancy,  said 
trustees  may  at  any  meeting  fill  the  same,  and  no  officer 
named  in  this  section  shall  receive  any  salary  or  compensation 
for  any  service  or  duty  he  may  perform. 

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

[Approved  March  13,  1941.] 


CHAPTER  272. 


AN  ACT  ESTABLISHING  THE  LACONIA  AIRPORT  AUTHORITY. 

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

1.  Incorporation.  The  Laconia  Airport  Authority,  herein- 
after referred  to  as  the  "Authority,"  is  hereby  incorporated  as 
a  body  politic  with  the  powers  and  privileges  herein  provided. 

2.  Membership  of  the  Authority.  The  mayor  of  the  city 
of  Laconia,  the  chairman  of  the  commissioners  of  Belknap 
county,  and  the  chairman  of  the  board  of  selectmen  of  the 
town  of  Gilford,  ex  officiis,  together  with  two  residents  of  said 
Belknap  county  appointed  as  hereinafter  provided,  shall  con- 
stitute the  Authority,  and  shall  be  vested  with  all  the  powers 
and  charged  with  all  the  duties  hereinafter  granted  to  and 
imposed  upon  said  Authority. 

3.  Appointive  Agency.  The  mayor  of  the  city  of  Laconia, 
the  members  of  the  city  council  of  said  Laconia,  and  the  com- 


1941]  Chapter  272  487 

missioners  of  said  Belknap  county,  hereinafter  referred  to  as 
the  appointive  agency,  shall,  acting  as  a  body  over  which  the 
said  mayor  of  the  city  of  Laconia  shall  preside,  elect  said  two 
other  members  of  the  Authority,  who  shall  serve  for  a  term 
of  two  years  and  until  their  successors  are  elected,  except  that 
at  the  first  election  one  member  shall  be  elected  for  the  term 
of  one  year  and  one  member  for  the  term  of  two  years. 

4.  Compensation.  No  member  of  the  Authority  shall  re- 
ceive from  it  any  compensation  for  services  or  reimbursement 
for  expenses. 

5.  Vacancies.  Any  vacancy  which  may  occur  in  the 
membership  of  the  Authority  which  is  not  made  ex  officio 
shall  be  filled  for  the  remainder  of  the  term  in  the  same 
manner  as  is  hereinbefore  provided  for  election. 

6.  Officers;  Action  by  Majority.  The  mayor  of  said 
Laconia  shall  be  the  chairman  of  the  Authority.  The  Author- 
ity shall  elect  from  its  membership  a  vice  chairman,  clerk, 
and  treasurer,  and  prescribe  their  duties.  The  treasurer  shall 
be  the  financial  agent  of  the  Authority  and  shall  furnish  such 
bond  as  the  appointive  agency  shall  determine.  The  con- 
currence of  a  majority  of  the  membership  of  the  Authority 
shall  be  necessary  to  constitute  action  by  the  Authority. 

7.  Establishment  and  Operation  of  Airport.  The  Author- 
ity is  hereby  authorized  to  establish  and  maintain  an  airport 
in  the  town  of  Gilford,  and  in  connection  therewith  and  as  a 
part  thereof  to  establish  and  maintain  auxiliary  landing  places 
and  facilities  in  Belknap  county  and  towns  contiguous  to  Lake 
Winnipesaukee. 

8.  Declaration  of  Purpose.  The  establishment  and 
maintenance  of  said  airport  is  declared  to  be  for  public  pur- 
poses as  an  aid  to  national  and  state  defense  and  for  the  con- 
venience of  the  public,  and  the  Authority  shall  be  regarded  as 
performing  a  governmental  function  in  carrying  out  the  pro- 
visions of  this  act. 

9.  Powers.     The  Authority  shall  have  the  power : 

(a)  To  sue  and  be  sued. 

(b)  To  select  and  have  a  seal. 

(c)  To  adopt  by-laws,  not  inconsistent  with  this  act,  for 
the  conduct  of  its  business. 


488  Chapter  272  [1941 

(d)  To  acquire,  hold  and  dispose  of,  in  any  manner,  real 
and  personal  property  deemed  necessary  or  desirable  for  its 
purposes. 

(e)  To  construct,  maintain,  reconstruct,  improve, 
operate  and  manage  said  airport. 

(f)  To  accept  grants  and  the  cooperation  of  the  United 
States  of  America,  the  state  of  New  Hampshire,  or  any 
agencies  thereof,  in  the  construction,  maintenance,  reconstruc- 
tion, improvement  and  operation  of  said  airport,  and  to  do 
any  and  all  things  necessary  in  order  to  avail  itself  of  such 
aid  and  cooperation,  and  the  Authority  is  specifically  author- 
ized to  enter  into  agreements  with  the  federal  government 
and  the  state  of  New  Hampshire  through  its  various  agencies 
relative  to  the  construction  of  said  airport  and  its  operation 
after  completion. 

(g)  To  prescribe  and  publish  rules  and  regulations  gov- 
erning the  use  of  said  airport. 

(h)  To  levy  and  collect  reasonable  fees,  not  prohibited 
by  law,  for  use  of  said  airport  and  its  facilities. 

(1)  To  grant  leases  of  the  facilities  of  the  airport  for 
reasonable  periods  of  time. 

(j)  To  employ  such  assistants,  agents  and  servants, 
professional,  technical,  or  otherwise,  as  it  shall  deem  necessary 
or  desirable  for  its  purposes,  and  fix  their  compensation. 

(k)  To  do  all  other  lawful  acts  necessary  and  incidental 
to  the  foregoing  powers. 

10.  Limitation  of  Powers.  The  Authority  shall  have  no 
power  to  commit  the  state  of  New  Hampshire  or  any  of  its 
political  subdivisions  to  any  obligation  or  liability  whatsoever, 
nor  shall  it  have  the  power  to  encumber  any  of  its  real  estate 
except  in  pursuance  of  the  Authority  contained  in  section 
9  (i). 

11.  Exemption  from  Taxes,  Levies,  and  Executions.  All 
property  and  rights  acquired  by  the  Authority  in  the  town 
of  Gilford  shall  be  exempt  from  all  taxation.  All  property  of 
the  Authority  shall  be  exempt  from  attachment,  and  all  of  its 
real  property  shall  be  exempt  from  levy  and  sale  by  virtue  of 
any  execution. 

12.  Revenue.  The  net  revenue  of  the  Authority  shall  be 
held  and  invested  by  it  for  the  purpose  of  the  future  mainte- 
nance, operation  and  improvement  of  said  airport. 


1941]  Chapter  272  489 

13.  Financial  Aid.  The  county  of  Belknap  and  the  cities 
and  towns  of  said  county  and  those  contiguous  to  Lake 
Winnipesaukee  are  authorized  to  make  conveyances  and  appro- 
priations for  the  use  of  the  Authority.  All  contributions  and 
appropriations  heretofore  made  by  any  of  said  political  sub- 
divisions of  the  state  for  the  establishment  of  said  airport  are 
hereby  ratified. 

14.  Audits  and  Reports.  All  financial  transactions  of  the 
Authority  shall  be  audited  annually  and  at  such  other  times 
and  in  such  manner  as  the  appointive  agency  shall  determine. 
The  Authority  shall  make  an  annual  report  of  its  financial 
and  other  transactions  for  the  preceding  calendar  year  on  or 
before  the  first  day  of  February.  This  report  and  the  report 
of  such  audits  as  shall  be  made  as  herein  provided  shall  be 
filed  with  the  clerk  of  the  superior  court  for  said  Belknap 
county  after  completion,  and  shall  be  open  for  public  in- 
spection. 

15.  Penalties.  Any  violation  of  the  published  rules  and 
regulations  of  the  Authority  relating  to  said  airport,  and  any 
refusal  or  neglect  to  pay  lawfully  prescribed  fees  for  use  of 
said  airport  or  its  facilities,  shall  be  deemed  a  misdemeanor 
and  shall  be  punishable  by  a  fine  of  not  exceeding  ten  dollars, 
provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued as  a  limitation  upon  the  civil  rights  of  the  Authority. 

16.  Separability  Clause.  If  any  provision  of  this  act  or 
the  application  thereof  to  any  person  or  circumstance  is  held 
invalid,  the  remainder  of  the  act  and  application  of  such  pro- 
vision to  other  persons  or  circumstances  shall  not  be  affected 
thereby. 

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

[Approved  March  13,  1941.] 


490  Chapters  273,  274  [1941 

CHAPTER  273. 

AN  ACT  RELATING  TO  THE  ELECTION  OF  OFFICERS  OF  THE 
PENACOOK  UNION  SCHOOL  DISTRICT. 

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

1.  Election  by  Plurality.  For  all  elections  of  moderator, 
clerk,  treasurer,  and  members  of  the  board  of  education  of  the 
Penacook  Union  School  District,  a  plurality  of  all  the  votes 
cast  shall  be  necessary  for  election  to  each  office  to  be  filled. 

2.  Official  Ballot.  For  all  the  elections  specified  in  sec- 
tion 1,  the  voting  shall  be  by  official  ballot  only.  The  prepara- 
tion and  form  of  such  ballot  and  the  manner  of  voting  shall 
be  in  accordance  with  the  provisions  of  sections  2,  3  and  4  of 
chapter  230,  Laws  of  1927. 

3.  Change  of  Ballot.  The  Penacook  Union  School  District, 
at  any  annual  meeting  duly  warned  for  that  purpose,  by  a 
majority  vote  of  those  present  and  voting,  may  discontinue 
the  use  of  the  official  ballot  provided  for  in  section  2  of  this 
act.  Thereupon  all  subsequent  elections  of  officers  shall  be 
governed  by  and  held  in  accordance  with  the  provisions  of 
section  16  and  other  applicable  sections  of  chapter  120  of  the 
Public  Laws. 

4.  Takes  Effect.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  shall  not  apply  to  the  Penacook  Union  School 
District,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  March  18,  1941.] 


CHAPTER  274. 

AN  ACT  RELATIVE  TO  THE  MASCOMA  SAVINGS  BANK  OF  LEBANON. 

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

1.  Mascoma  Savings  Bank.  Amend  section  2  of  chapter 
152  of  the  Laws  of  1899  by  striking  out  in  lines  four  and 
five  of  said  section  the  words;  "not  exceeding  five  thousand 
dollars  from  any  one  person,  corporation,  or  association,"  so 
that  said  section  as  amended  shall  read :  Sect.  2.  Said  corpo- 
ration may  receive  from  any  person  or  persons,  corporations, 


1941]  Chapter  275  491 

or  associations,  disposed  to  enjoy  the  advantages  of  said 
savings  bank,  any  deposit  or  deposits  of  money,  subject  to  the 
by-laws  of  said  savings  bank;  and  may  manage,  use,  and  im- 
prove the  same  for  the  benefit  of  the  depositors,  in  such 
manner  as  shall  be  convenient  or  necessary  for  the  security 
and  profitable  investment  thereof,  under  the  restrictions  of 
the  laws  regulating  the  investment  and  management  of  such 
funds;  and  all  deposits,  together  with  the  net  income  and 
profits,  may  be  withdrawn  at  such  reasonable  times,  in  such 
manner  and  proportions,  and  subject  to  such  equitable  rules 
and  regulations,  as  said  corporation  may  from  time  to  time 
by  its  by-laws  prescribe,  not  incompatible  with  the  laws  of 
the  state. 

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

[Approved  March  19,  1941.] 


CHAPTER  275. 


AN  ACT  RELATIVE  TO  FOREST  HILL  CEMETERY  IN  THE  TOWN  OF 

CHARLESTOWN. 

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

1.  Forest  Hill  Cemetery.  The  town  of  Charlestown  is 
hereby  authorized  to  use  as  a  public  cemetery  all  the  lands  in 
Forest  Hill  cemetery,  as  shown  by  a  map  of  the  same  prepared 
by  Raymond  L.  Lunt  and  Samuel  A.  Richardson,  dated 
August,  1904.  The  restrictions  as  to  location  of  public 
cemeteries  provided  for  in  section  2  of  chapter  55  of  the 
Public  Laws  (section  2,  chapter  68,  commissioners'  report) 
shall  not  apply  to  the  said  Forest  Hill  cemetery. 

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

[Approved  March  27,  1941.] 


492  Chapters  276,  277  [1941 

CHAPTER  276. 

AN    ACT    AUTHORIZING    THE    TOWN    OF    OSSIPEE    TO    ISSUE 
REFUNDING  NOTES  OR  BONDS. 

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

1.  Authorization.  The  town  of  Ossipee  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 
refunding  outstanding  indebtedness.  Said  serial  notes  or 
bonds  shall  be  signed  by  the  selectmen  and  countersigned  by 
the  treasurer. 

2.  Terms.  Said  issue  of  said  serial  notes  or  bonds  shall  be 
due  and  payable  at  such  times,  not  more  than  ten  years  from 
their  date  of  issue,  in  such  amounts  and  in  such  manner,  as 
the  board  of  selectmen  and  treasurer  of  said  town  may  de- 
termine, at  a  rate  of  interest  to  be  fixed  by  said  board. 

3.  Application  of  General  Laws.  Except  as  otherwise  pro- 
vided in  this  act,  the  provisions  of  chapter  59  of  the  Public 
Laws  shall  apply  to  the  serial  notes  or  bonds  herein  author- 
ized. 

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

[Approved  March  27,  1941.] 


CHAPTER  277. 


AN    ACT    RELATING    TO    METHOD    OF    VOTING    AT    MUNICIPAL 
ELECTIONS  IN  THE  CITY  OF  NASHUA. 

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

1.  Form  of  Ballots.  Amend  section  19  of  Part  I,  chapter 
427,  Laws  of  1913,  being  the  charter  of  the  city  of  Nashua,  by 
striking  out  the  whole  of  said  section  and  inserting  in  place 
thereof  the  following :  Sect.  19.  Except  that  the  crosses 
here  shown  shall  be  omitted,  and  that  in  place  of  the  names, 
residences  and  offices  here  shown  shall  be  substituted  the 
names  and  residences  of  the  actual  candidates  and  the  offices 
for  which  they  are  respectively  nominated,  the  ballots  shall  be 
in  substantially  the  following  form: 


1941] 


Cha-PTER  277 


493 


General  (or  special)  Municipal  Election. 
City  of  Nashua. 
(Inserting  date  thereof.) 
Instructions— To  vote  for  any  person,  make  a  cross  (X)  in 
the  square  at  the  right  of  the  name  voted  for. 

If  you  wrongly  mark,  tear,  or  deface  this  ballot  return  it 
and  obtain  another. 


For  Mayor     Vote   for   One    (1) 

Richard  Roe,  2  A  Street 


X 


James  Hoe,  6  F  Street 


John  Doe,  24  G  Street 


Henry  Poe,  8  L  Street 


Louis  Coe,  4  B  Street 


For  Board   of   Education      Vote   for  Four    (4) 

Frank  Smith,  4  First  Street 


Harry  Jones,  6  Second  Street 


X 


X 


Fred  Brown,  8  Third  Street 
Hiram  Black,  10  Fourth  Street 


X 


Robert  White,  5  Sixth  Street 


Albert  Gray,  7  Eighth  Street 


X 


William  Green,  9  Ninth  Street 


Samuel  Hill,  3  Tenth  Street 


Enoch  Valley,  2  Eleventh  Street 


James  Dale,  1  Fifth  Street 


494  Chapter  277  [1941 

2.  Ballots  Counted.  Amend  section  23  of  Part  I  of  chapter 
427,  Laws  of  1913,  by  striking  out  the  whole  of  said  section 
and  inserting  in  its  place  the  following :  Sect.  23.  As  soon  as 
the  polls  are  closed,  the  ward  officers  shall  immediately  open 
the  ballot  boxes,  take  therefrom  and  count  the  ballots  in  public 
view,  and  enter  the  total  number  thereof  on  the  tally  sheet 
provided  therefor  by  the  city  clerk.  They  shall  also  carefully 
enter  the  number  of  votes  for  each  candidate  on  said  tally 
sheet  and  the  ballots  and  tally  sheets  used  at  such  municipal 
election  shall  be  sealed  up  in  the  manner  provided  in  the  case 
of  general  biennial  elections,  and  returned  within  one  hour  to 
the  city  clerk.  A  return  of  the  result  of  the  vote  in  each  ward 
for  all  officers  to  be  chosen  at  such  election,  certified  by  the 
moderator,  shall  be  made  to  the  city  clerk  within  the  same 
time  on  blanks  provided  by  him  for  that  purpose;  and  the 
city  clerk  shall  immediately  record  all  such  returns  and  the 
same,  together  with  his  record  thereof,  shall  be  open  to  the 
inspection  of  any  citizen.  He  shall  submit  his  record  of  the 
returns  of  each  municipal  election  to  the  board  of  aldermen, 
at  a  meeting  to  be  holden  at  eight  o'clock  in  the  evening  on 
the  Tuesday  next  following  such  election,  and  the  board  of 
aldermen  shall  canvass  the  returns  and  declare  the  result. 
Such  declaration  shall  be  duly  recorded  by  the  city  clerk,  and, 
except  as  hereinafter  provided,  shall  be  conclusive  as  to  the 
right  of  the  persons  declared  elected  to  hold  the  offices  to 
which  they  are  so  declared  elected.  A  plurality  of  votes  shall 
elect  and  in  case  of  a  tie  vote  the  tie  shall  be  determined  by 
lot  under  the  direction  of  the  city  clerk  and  the  person  so 
winning  the  tie  shall  be  declared  elected. 

3.  Repeal.  Section  39  of  Part  I  of  said  chapter  of  the 
Laws  of  1913,  relative  to  separate  ballots  for  voting  for  mem- 
bers of  the  board  of  education,  is  hereby  repealed. 

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

[Approved  April  8,  1941.] 


1941]  Chapters  278,  279  495 

CHAPTER  278. 

AN  ACT  RELATING  TO  NOMINATION  OF  OFFICERS  IN  THE  CITY  OF 

NASHUA. 

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

1.  Charter  of  the  City  of  Nashua.  Amend  section  42  of 
Part  I,  chapter  427,  Laws  of  1913,  being  the  charter  of  the 
city  of  Nashua,  by  striking  out  the  whole  of  said  section  and 
inserting  in  place  thereof  the  following:  Sect.  42.  The 
board  of  aldermen  shall  elect  by  viva  voce  and  major  vote  on 
roll  call  a  city  clerk  and  overseer  of  the  poor  who  shall  be  one 
and  the  same  person,  city  treasurer  and  collector  of  taxes, 
who  shall  be  one  and  the  same  person,  city  physician,  city 
solicitor,  and  board  of  health.  In  all  other  cases  offices  shall 
be  filled  by  appointment  of  the  mayor,  subject  to  confirmation 
by  said  board,  except  the  city  messenger,  who  shall  be  chosen 
and  appointed  by  the  mayor,  unless  otherwise  provided  for 
in  this  charter.  All  vacancies  occuring  in  such  offices  shall  be 
filled  in  the  same  manner.  The  time  for  choosing  or  appoint- 
ing all  officers  to  be  chosen  by  the  board  of  aldermen  or  by  the 
mayor  shall  be  the  first  secular  day  of  January  and  such 
terms  of  office  shall  be  for  two  years,  or  until  their  respective 
successors  are  chosen  and  qualified.  In  all  cases  where 
salaries  or  wages  for  services  are  paid  from  the  municipal 
treasury,  the  compensation  shall  be  determined  by  the  board 
of  aldermen  upon  recommendation  of  the  several  departments, 
excepting  those  employed  in  connection  with  the  schools. 

2.  Takes  Effect.  This  act  shall  take  effect  January  1, 
1942. 

[Approved  April  8,  1941.] 


CHAPTER  279. 

AN  ACT  RELATIVE  TO  V^ARD  LINES  IN  THE  CITY  OP  MANCHESTER. 

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

1.     City  of  Manchester.     Amend  the  paragraph  relative  to 
the  lines  of  ward  8,  being  a  part  of  section  1  of  chapter  274 


496  Chapter  279  [1941 

of  the  Laws  of  1915,  by  striking  out  said  paragraph  and  in- 
serting in  place  thereof  the  following:  Ward  No.  8  shall  in- 
clude that  part  of  the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the  center  line  of 
Willow  street  and  the  center  line  of  Vinton  street;  thence 
easterly  by  the  center  line  of  Vinton  street  to  the  center  line 
of  Wilson  street ;  thence  northerly  by  the  center  line  of  Wilson 
street  to  the  center  line  of  Valley  street;  thence  easterly  by 
the  center  line  of  Valley  street  to  the  center  line  of  Massabesic 
street;  thence  southeasterly  by  the  center  line  of  Massabesic 
street  to  the  center  line  of  the  Mammoth  road;  thence  south- 
erly by  the  center  line  of  the  Mammoth  road  to  the  center 
line  of  the  Island  Pond  road ;  thence  easterly  and  southeasterly 
by  the  center  line  of  the  Island  Pond  road  to  the  Manchester- 
Auburn  town  line;  thence  southerly  by  the  Manchester- 
Auburn  town  line  to  the  Manchester-Londonderry  town  line; 
thence  westerly  by  the  Manchester-Londonderry  town  line  to 
the  intersection  of  the  Manchester-Londonderry  town  line  and 
the  center  line  of  South  Willow  street;  thence  northerly  by 
the  center  line  of  South  Willow  street  to  the  center  line  of 
Vinton  street. 

2.  New  Ward  Created.  Amend  section  1  of  said  chapter 
274  of  the  Laws  of  1915  by  adding  after  the  description  of 
the  lines  of  ward  13  the  following:  Ward  No.  14  shall  in- 
clude that  part  of  the  city  bounded  by  the  following  described 
lines:  Beginning  at  the  intersection  of  the  center  line  of  the 
Merrimack  river  with  the  center  line  of  Cove  street  extended 
westerly,  thence  easterly  by  the  center  line  of  Cove  street  ex- 
tended and  the  center  line  of  Cove  street  to  the  center  line  of 
Elm  street;  thence  southerly  by  the  center  line  of  Elm  street 
to  the  center  line  of  Hay  ward  street;  thence  easterly  by  the 
center  line  of  Hayward  street  to  the  center  line  of  Willow 
street;  thence  southerly  and  southeasterly  to  the  center  line 
of  Vinton  street;  thence  southerly  and  easterly  by  the  center 
line  of  Willow  street  and  South  Willow  street  to  the  Man- 
chester-Londonderry town  line;  thence  westerly  by  the  Man- 
chester-Londonderry town  line  to  the  Manchester-Litchfield 
town  line;  thence  northwesterly  by  the  Manchester-Litchfield 
town  line  to  the  center  line  of  the  Merrimack  river;  thence 
northerly  by  the  center  line  of  the  Merrimack  river  to  the 
center  line  of  Cove  street  extended  westerly. 


1941]  Chapter  280  497 

3.  Present  Officers  to  Continue  in  Office.  The  ward  officers 
of  the  former  ward  8  shall  continue  to  act  as  ward  officers  of 
ward  No.  8  as  constituted  by  this  act  until  their  successors 
are  elected  and  qualified.  The  board  of  mayor  and  aldermen 
of  the  said  city  of  Manchester,  after  the  passage  of  this  act 
shall  appoint  the  necessary  ward  officers  for  the  conduct  of 
any  elections  and  the  government  of  the  newly  created  ward 
No.  14  until  the  next  election. 

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

[Approved  April  8,  1941.] 


CHAPTER  280. 


AN     ACT    AUTHORIZING    THE     TOWN     OF    DEERFIELD    TO     ISSUE 
REFUNDING  NOTES  OR  BONDS. 

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

1.  Authorization.  The  town  of  Deerfield  is  hereby  author- 
ized to  issue  its  serial  notes  or  bonds  to  an  amount  not  ex- 
ceeding fourteen  thousand  dollars  ($14,000)  for  the  purpose 
of  refunding  outstanding  indebtedness  of  a  like  amount.  Said 
serial  notes  or  bonds  shall  be  signed  by  the  selectmen  and 
countersigned  by  the  treasurer. 

2.  Terms.  Said  issue  of  serial  notes  or  bonds  shall  be  due 
and  payable  at  such  times,  not  more  than  fourteen  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  the  board. 

3.  Application  of  General  Laws.  Except  as  otherwise  pro- 
vided in  this  act  the  provisions  of  chapter  59  of  the  Public 
Laws  shall  apply  to  the  serial  notes  or  bonds  herein  author- 
ized. 

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

[Approved  April  8,  1941.] 


498  Chapters  281,  282  [1941 

CHAPTER  281. 

AN  ACT  LEGALIZING  CERTAIN   ACTION   TAKEN   AT   THE   ANNUAL 

TOWN     MEETING    HELD    ON    THE    ELEVENTH    DAY    OF 

MARCH,  1941,  IN  THE  TOWN  OF  ENFIELD. 

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

1.  Town  Meeting  Action  Legalized.  The  votes  and  pro- 
ceedings taken  at  the  annual  town  meeting  held  on  the 
eleventh  day  of  March,  1941,  in  the  town  of  Enfield  whereby 
the  selectmen  of  said  town  were  authorized  to  borrow  money 
in  anticipation  of  taxes  are  hereby  legalized,  ratified,  and  con- 
firmed. 

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

[Approved  April  8,  1941.] 


CHAPTER  282. 


AN  ACT  AUTHORIZING  THE  MILAN  SCHOOL  DISTRICT  IN  THE  TOWN 

OF  MILAN  TO  ISSUE  NOTES  OR  BONDS  AND  LEGALIZING  A 

MEETING  OF  THE  MILAN  SCHOOL  DISTRICT. 

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

1.  Authorization.  The  Milan  School  District  in  the  town 
of  Milan  is  hereby  authorized  to  issue  serial  notes  or  bonds  to 
an  amount  not  exceeding  twenty-five  thousand  dollars 
($25,000)  for  the  purpose  of  acquiring  land  and  constructing 
and  equipping  a  new  school  house.  Said  notes  or  bonds  shall 
be  signed  by  the  school  board,  or  a  majority  thereof,  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 
the  date  of  issue,  in  such  amounts,  and  in  such  manner,  as 
the  school  board  of  said  district  may  determine  and  at  a  rate 
of  interest  to  be  fixed  by  said  board. 

3.  Application  of  General  Laws.  Except  as  otherwise  pro- 
vided herein  the  provisions  of  chapter  59  of  the  Public  Laws 


1941]  Chapter  283  499 

(chapter  72,  commissioners'  report)  shall  apply  to  the  notes 
or  bonds  herein  authorized. 

4.  Proceedings  Legalized.  The  proceedings  and  votes  of 
the  annual  meeting  of  the  Milan  School  District  held  in  said 
Milan  on  March  11, 1941,  are  hereby  legalized,  ratified  and  con- 
firmed so  far  as  they  relate  to  the  appropriation  and  issuance 
of  serial  notes  or  bonds  for  the  purposes  set  forth  in  section  1. 

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

[Approved  April  8,  1941.] 


CHAPTER  283. 


AN  ACT  RELATIVE   TO   SESSIONS   FOR  REGISTRARS   OF  VOTERS   IN 
THE  CITY  OF  PORTSMOUTH. 

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

1.  Portsmouth  Registrars  of  Voters.  Amend  section  5  of 
chapter  241  of  the  Laws  of  1909,  as  amended  by  chapter 
315,  Laws  of  1933,  by  striking  out  the  words  "from  eight 
o'clock  until  twelve  o'clock  noon"  in  the  fourteenth  and 
fifteenth  lines  and  inserting  in  place  thereof  the  words, 
during  all  the  time  the  polls  are  open,  so  that  said  section 
as  amended  shall  read  as  follows:  Sect.  5.  Said  board  of 
registrars  shall  be  in  session  at  the  city  hall,  or  such  other 
place  as  they  may  designate,  for  the  purpose  of  revising 
and  correcting  the  list  of  voters,  during  six  days  at 
least  before  the  biennial  state  election  and  three  days  before 
other  elections,  within  one  month  next  preceding  the  day  of 
election,  the  last  two  sessions  to  be  held  within  two  weeks  of 
said  election.  Said  sessions  shall  continue  from  nine  o'clock 
to  twelve  o'clock  noon,  from  two  o'clock  to  five  o'clock  in  the 
afternoon  and  from  half  past  seven  to  half  past  nine  in  the 
evening  on  each  of  said  days;  the  times  and  places  of  said 
meetings  to  be  advertised  in  at  least  two  newspapers  published 
in  Portsmouth  for  at  least  three  days  prior  to  the  first  meet- 
ing. Said  board  shall  be  in  session  on  election  days  during  all 
the  time  the  polls  are  open,  so  that  in  case  the  name  of  any 
person  has  been  omitted  from  the  checklist  whom  the 
registrars  are  satisfied  is  a  legal  voter  the  registrars  shall 


500  Chapter  284  [1941 

certify  the  same  to  the  moderator  who  shall  receive  his  vote 
and  the  ward  clerk  shall  check  the  name  of  the  person  so 
voting  on  the  back  of  the  certificate  and  shall  return  the  same 
to  the  city  clerk  with  the  checklist. 

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

[Approved  April  9,  1941.] 


CHAPTER  284. 


AN    ACT    AUTHORIZING    THE    TOWN    OF    HAVERHILL    TO    ISSUE 

REFUNDING  NOTES  OR  BONDS  AND  VALIDATING  PROCEEDINGS 

OF  THE  TOWN  MEETINGS  OF  THE  TOWN  OF  HAVERHILL. 

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

1.  Authorization.  The  town  of  Haverhill  is  hereby  author- 
ized to  issue  serial  notes  or  bonds  to  an  amount  not  exceeding 
forty  thousand  dollars  for  the  purpose  of  refunding  outstand- 
ing temporary  and  permanent  notes. 

2.  Proceedings  Validated.  The  proceedings  of  the  town 
of  Haverhill  taken  at  the  meetings  of  March  11,  1941  and  the 
adjourned  meeting  of  March  31,  1941,  so  far  as  they  relate 
to  the  appropriations  for  the  purposes  set  forth  in  section  1 
and  the  issuance  of  notes  or  bonds  in  pursuance  thereof,  in- 
cluding the  maturity  dates  thereof,  are  hereby  legalized, 
ratified  and  confirmed  and  made  as  effective  as  if  such  pro- 
ceedings were  taken  after  the  passage  of  this  act. 

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

[Approved  April  10,  1941.] 


1941]  Chapter  285  501 

CHAPTER  285. 

AN  ACT  RELATIVE   TO  THE   CHARTER  OF  THE   TRUSTEES   OF  THE 

NEW   HAMPSHIRE   CONFERENCE   OF  THE   METHODIST 

EPISCOPAL  CHURCH. 

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

1.  Change  of  Name;  Board  of  Trustees.  Amend  chapter 
9  of  the  Laws  of  1831  as  amended  by  chapter  455  of  the  Laws 
of  1846  (July  3),  as  amended  by  chapter  4178  of  the  Laws  of 
1865  (June  29),  as  amended  by  chapter  155  of  the  Laws  of 
1885  (July  16),  by  striking  out  the  words:  "Trustees  of  the 
New  Hampshire  Conference  of  the  Methodist  Episcopal 
Church"  and  inserting  in  place  thereof  the  following:  Trustees 
of  the  New  Hampshire  Annual  Conference  of  the  Methodist 
Church;  and  by  striking  out  the  whole  of  section  3,  chapter  9 
of  the  Laws  of  1831,  and  inserting  in  place  thereof  the  follow- 
ing: Sect.  3.  There  shall  be  a  board  of  trustees  which  shall 
consist  of  not  more  than  nine  persons  who  must  be  at  least 
twenty-one  years  of  age  and  shall  be  ministers  in  the  effective 
relation  in  the  annual  conference  or  members  in  good  stand- 
ing of  churches  within  the  bounds  of  the  annual  conference, 
and  such  persons  shall  be  the  directors  of  the  corporation. 
They  shall  be  elected  by  the  annual  conference  for  a  term  of 
three  years,  except  as  to  the  first  board,  not  more  than  three 
of  whom  shall  be  elected  for  a  term  of  one  year,  not  more  than 
three  for  a  term  of  two  years,  and  not  more  than  three  for  a 
term  of  three  years,  and  shall  serve  until  their  successors  have 
been  elected  and  qualified;  provided,  however,  that  the  exist- 
ing board  of  trustees  may  continue  unaffected  by  this  section 
until  their  successors  shall  have  been  elected  and  qualified. 

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

[Approved  April  15,  1941.] 


502  Chapters  286,  287  [1941 

CHAPTER  286. 

AN     ACT     RELATIVE     TO     THE     NEW     HAMPSHIRE     CONFERENCE 
PREACHERS'  AID  SOCIETY  OF  THE  METHODIST  EPISCOPAL 

CHURCH. 

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

1.  Name  Changed.  The  name  of  the  New  Hampshire  Con- 
ference Preachers'  Aid  Society  of  the  Methodist  Episcopal 
Church,  an  organization  incorporated  by  chapter  127  of  the 
Laws  of  1877,  as  amended  by  chapter  179,  Laws  of  1905,  is 
hereby  changed  to  New  Hampshire  Conference  Preachers'  Aid 
Society  of  the  Methodist  Church. 

2.  Application  of  Act.  The  rights,  liabilities  and  all  other 
incidents  pertaining  to  said  corporation  shall  be  in  no  respect 
changed  hereby  except  as  to  the  name  thereof. 

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

[Approved  April  15,  1941.] 


CHAPTER  287. 


AN  ACT  TO  CHANGE  THE  NAME  OF  THE  SWEDISH  EVANGELICAL 
LUTHERAN  GETHSEMANE  CHURCH   OF  MANCHESTER. 

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

1.  Change  of  Name.  The  name  of  the  Swedish  Evangeli- 
cal Lutheran  Gethsemane  Church  of  Manchester  is  hereby 
changed  to  the  Gethsemane  Evangelical  Lutheran  Church, 
Manchester,  New  Hampshire. 

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

[Approved  April  15,  1941.] 


1941]  Chapters  288,  289  503 

CHAPTER  288. 

AN    ACT    LEGALIZING    CERTAIN    MEETINGS    OF    THE    BOSCAWEN 
PENACOOK  WATER  DISTRICT. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  meetings  of  the  Boscawen  Penacook  water  district, 
held  April  20,  1940,  and  April  7,  1941,  relative  to  the  appro- 
priation and  issuance  of  bonds  or  notes  for  improvements  of 
the  town  water  system,  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  April  17,  1941.] 


CHAPTER  289. 


AN    ACT    TO    DISSOLVE    THE    PEOPLE'S    SAVINGS    BANK    OF 
MANCHESTER   AND   TO   REPEAL   ITS    CHARTER. 

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

1.  Dissolution.  People's  Savings  Bank,  of  Manchester,  a 
corporation  established  by  chapter  119  of  the  Laws  of  1873,  is 
hereby  dissolved  and  its  charter  repealed. 

2.  Remedies  Preserved.  No  remedy  against  said  corpora- 
tion, its  shareholders  or  officers,  for  any  liability  previously 
incurred,  shall  be  impaired  hereby. 

3.  Disposition  of  Property.  Said  corporation  shall  con- 
tinue as  a  body  corporate  for  the  term  of  two  years  from  the 
date  that  this  act  takes  effect,  for  the  purpose  of  presenting 
and  defending  suits  by  or  against  it  and  of  gradually  closing 
and  settling  its  affairs  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  said  corporation  to  order  the  doing  of 


504  CHAPTER  290  [1941 

such  act  or  thing,  and  for  this  purpose  may  appoint  and 
authorize  an  agent  to  act  for  and  in  the  name  of  such  corpora- 
tion, and  any  action  so  ordered  and  done  shall  be  effective 
corporate  action. 

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

[Approved  April  22,  1941.] 


CHAPTER  290. 


AN    ACT   AUTHORIZING   THE    CITY    OF    PORTSMOUTH    TO    PROVIDE 
PENSIONS  FOR  CERTAIN  EMPLOYEES  OF  THE  PUBLIC  SCHOOLS. 

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

1.  Employees  of  Portsmouth  Public  Schools.  Amend  sec- 
tion 1  of  chapter  272  of  the  Laws  of  1931  by  inserting  after 
the  word  "teacher"  in  the  fifth  line  the  words,  or  other  em- 
ployee, by  inserting  before  the  word  "teacher"  in  the  sixth 
line  the  word,  such,  and  after  said  word  in  said  sixth  line  the 
words,  or  employee,  and  also  by  inserting  after  the  word 
"teacher"  wherever  it  otherwise  occurs  in  said  section  the 
words,  or  employee,  so  that  said  section  as  amended  shall  read 
as  follows :  1.  Retirement  from  Active  Service.  The  mayor 
and  city  council  of  the  city  of  Portsmouth  may,  at  the  request 
of  the  superintendent  of  schools  and  two  thirds  of  the  mem- 
bers of  the  school  board  actually  voting  in  favor  thereof,  re- 
tire from  active  service  any  teacher  or  other  employee  of  the 
public  schools  who  has  performed  faithful  service  as  such 
teacher  or  employee  in  said  Portsmouth  for  a  period  of  at 
least  thirty  consecutive  years,  and  may  grant  a  pension  to 
such  retired  teacher  or  employee  for  a  period  not  exceeding 
one  year  at  a  time.  The  mayor  and  city  council  may,  in  the 
same  manner,  grant  a  pension,  for  the  same  period,  to  any 
former  teacher  or  employee  of  the  public  schools  of  said  Ports- 
mouth who  has  performed  faithful  service  as  such  teacher  or 
employee  for  a  period  of  at  least  thirty  consecutive  years. 

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

[Approved  April  22,  1941.] 


1941]  Chapters  291,  292  505 

CHAPTER  291. 

AN  ACT  RELATING  TO  THE  CONTROL  OF  NAVIGATION  AT  RYE 

HARBOR. 

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

1.  Control  of  Navigation  at  Rye  Harbor.  The  town  of 
Rye  may  annually  choose  a  harbor-master  whose  duty  it  shall 
be  to  oversee  Rye  harbor,  to  preserve  and  regulate  navigation 
within  said  waters,  to  assign  moorings,  require  the  same  to 
be  kept  in  safe  condition,  to  require  the  removal  of  vessels  if 
necessity  or  an  emergency  arises,  and  to  inquire  into  and 
prosecute  all  offenses  under  the  provisions  hereof.  For  the 
purposes  hereof  said  Rye  harbor-master  may  make  such 
reasonable  rules  and  regulations  as  he  shall  deem  proper.  He 
shall  receive  for  his  services  such  sum  as  the  town  of  Rye 
may  determine  and  pay. 

2.  Definition.  The  word  'Vessel"  as  used  herein  shall  in- 
clude boats  of  all  sizes  propelled  by  sail,  machinery  or  hand, 
scows,  dredges,  shellfish  cars  and  craft  of  every  kind. 

3.  Penalty.  Whoever  violates  any  of  the  rules  and  regula- 
tions of  the  Rye  harbor-master  promulgated  under  the  author- 
ity hereof,  or  refuses  or  neglects  to  obey  the  lawful  and 
reasonable  orders  of  said  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 
treasurer  of  the  town  of  Rye  for  the  use  of  said  town. 

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

[Approved  April  29,  1941.] 


CHAPTER  292. 


AN  ACT  RELATING  TO  REISSUANCE  OF  CERTAIN  CARROLL  COUNTY 
REFUNDING  BONDS. 

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

1.     Carroll  County  Refunding  Bonds.     Amend  chapter  332 
of  the  Laws  of  1933  by  inserting  after  section  2  the  following 


506  Chapter  293  [1941 

new  section:  3.  Reissuing.  In  case  of  sale  or  transfer  of 
the  refunding  bonds  provided  for  by  section  1  the  treasurer 
may  cancel  any  number  of  said  bonds  and  reissue  in  place 
thereof  a  like  bond  except  that  the  denomination  of  said  new 
bond  shall  be  equal  in  amount  to  the  total  of  the  bonds  for 
which  it  is  exchanged. 

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

[Approved  May  6,  1941.] 


CHAPTER  293. 


AN  ACT  RELATIVE  TO  THE  POWERS  OF  THE  GRANITE  STATE  FIRE 
INSURANCE  COMPANY. 

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

1.  Authority  Granted.  Amend  section  1  of  chapter  172  of 
the  Laws  of  1874,  as  amended  by  section  2  of  chapter  161  of 
the  Laws  of  1885,  chapter  262  of  the  Laws  of  1915,  chapter 
298  of  the  Laws  of  1917,  chapter  228  of  the  Laws  of  1921  and 
chapter  296  of  the  Laws  of  1931,  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  Section  1. 
That  Frank  Jones,  Edwin  Wallace,  Samuel  C.  Fisher,  John  W. 
Sanborn,  Charles  H.  Sawyer,  Alvah  W.  Sulloway,  George  H. 
Stowell,  Thomas  G.  Jameson  and  John  F.  Cloutman,  and  their 
associates,  successors  and  assigns  be  and  they  are  hereby  in- 
corporated and  made  a  body  politic  by  the  name  of  the  Granite 
State  Fire  Insurance  Company,  to  be  located  within  this  state 
where  the  board  of  directors  may  determine,  with  authority 
to  have  and  exercise  all  the  powers  and  privileges  incident  to 
corporations  of  a  similar  nature,  for  the  purpose  of  making 
and  effecting  insurance  and  conducting  insurance  business 
specified  in  paragraphs  I  and  II  of  section  1  of  chapter  272  of 
the  Public  Laws  as  amended  by  section  1  of  chapter  135  of 
the  Laws  of  1931,  section  1  of  chapter  128  of  the  Laws  of 
1937  and  chapter  6  of  the  Laws  of  1941  (paragraphs  I  and  II, 
section  1,  chapter  313,  commissoners'  report)  and  for  the  pur- 
pose of  making  and  effecting  any  insurance  business  in  which 


1941]  Chapter  294  507 

corporations  of  a  similar  nature  now  or  hereafter  by  law  may 
engage. 

2.  Repeal.  Section  5  of  chapter  172  of  the  Laws  of  1874, 
as  amended  by  section  6  of  chapter  161  of  the  Laws  of  1885, 
relative  to  said  insurance  company,  is  hereby  repealed. 

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

[Approved  May  9,  1941.] 


CHAPTER  294. 


AN   ACT   RELATIVE   TO   THE    POWERS    OF   THE    NEW    HAMPSHIRE 
FIRE  INSURANCE  COMPANY. 

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

1.  Authority  Granted.  Amend  section  1,  chapter  97  of  the 
Laws  of  1869,  as  amended  by  chapter  234  of  the  Laws  of 
1909,  chapter  259  of  the  Laws  of  1915,  chapter  281  of  the 
Laws  of  1917,  chapter  280  of  the  Laws  of  1925,  chapter  297 
of  the  Laws  of  1931  and  chapter  308  of  the  Laws  of  1937  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  Section  1.  That  Ezekiel  A.  Straw,  James  A. 
Weston,  Samuel  N.  Bell,  Albert  H.  Daniels,  Samuel  Upton, 
George  B.  Chandler,  Clinton  W.  Stanley,  David  GilHs,  John  S. 
Harvey,  Woodbury  F.  Prescott,  William  D.  Knapp,  Moses  R. 
Emerson,  John  F.  Chase,  and  their  associates,  successors  and 
assigns  be  and  they  hereby  are  incorporated  and  made  a  body 
politic  by  the  name  of  the  New  Hampshire  Fire  Insurance 
Company,  to  be  located  at  Manchester,  in  said  state,  with 
authority  to  have  and  exercise  all  the  powers  and  privileges 
incident  to  corporations  of  a  similar  nature,  for  the  purpose 
of  making  and  effecting  insurance  and  conducting  insurance 
business  specified  in  paragraphs  I  and  II  of  section  1  of 
chapter  272  of  the  Public  Laws  as  amended  by  section  1  of 
chapter  135  of  the  Laws  of  1931,  section  1  of  chapter  128  of 
the  Laws  of  1937  and  chapter  6  of  the  Laws  of  1941  (commis- 
sioners' report,  paragraphs  I  and  II,  section  1,  chapter  313) 
and  for  the  purpose  of  making  and  effecting  any  insurance 


508  Chapter  295  [1941 

business  in  which  corporations  of  a  similar  nature  now  or 
hereafter  by  law  may  engage. 

2.  Repeal.     Chapter  90  of  the  Laws  of  1870,  relative  to 
said  insurance  company,  is  hereby  repealed. 

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

[Approved  May  9,  1941.] 


CHAPTER  295. 


AN  ACT  RELATING  TO  THE   NEW   HAMPSHIRE  CONGREGATIONAL- 
CHRISTIAN  CONFERENCE. 

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

1.  Merger  of  Trust  Funds.  Section  2  of  chapter  415  of 
the  Laws  of  1913  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  sentences:  The  corporation  is  author- 
ized to  merge  any  and  all  funds  received  or  held  by  it  as 
trustee  with  other  funds  held  by  it  into  a  consolidated  invest- 
ment fund.  Each  separate  fund  so  merged  shall  be  repre- 
sented by  its  proportionate  part  of  said  consolidated  invest- 
ment fund,  and  income  returnable  on  each  separate  fund  so 
merged  shall  be  that  proportion  of  the  total  net  income  earned 
by  said  consolidated  investment  fund  which  each  separate 
fund  so  merged  bears  to  the  whole  investment  fund.  In  any 
accounting,  probate  or  otherwise,  of  the  administration  of 
said  separate  funds  a  proper  account  filed  in  accordance  with 
the  merger  and  investment  powers  herein  conferred  shall  be 
accepted  and  approved,  so  that  said  section  as  amended  shall 
read  as  follows :  Sect.  2.  The  corporation  is  empowered  and 
authorized  to  act  as  trustee  of  any  funds  in  any  way  set  apart 
for  the  promotion  of  any  of  the  objects  aforesaid,  upon 
appointment  by  the  courts  or  upon  appointment  by  individuals 
or  by  religious  societies ;  and  no  bond  shall  be  required  of  it  to 
insure  the  faithful  performance  of  the  trust,  provided,  how- 
ever, that  the  corporation  may  require  such  of  its  officers  hav- 
ing custody  of  its  funds,  whether  trust  or  otherwise,  to  give 
such  bonds  as  it  may  deem  reasonable.  The  corporation  is 
authorized  to  merge  any  and  all  funds  received  or  held  by  it 


1941]  Chapter  296  509 

as  trustee  with  other  funds  held  by  it  into  a  consohdated  in- 
vestment fund.  Each  separate  fund  so  merged  shall  be  rep- 
resented by  its  proportionate  part  of  said  consolidated  invest- 
ment fund,  and  income  returnable  on  each  separate  fund  so 
merged  shall  be  that  proportion  of  the  total  net  income  earned 
by  said  consolidated  investment  fund  which  each  separate 
fund  so  merged  bears  to  the  whole  investment  fund.  In  any 
accounting,  probate  or  otherwise,  of  the  administration  of 
said  separate  funds  a  proper  account  filed  in  accordance  with 
the  merger  and  investment  powers  herein  conferred  shall  be 
accepted  and  approved. 

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

[Approved  May  14,  1941.] 


CHAPTER  296. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  ALTON  TO  ISSUE  REFUNDING 

NOTES  OR  BONDS. 

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

1.  Authorization.  The  town  of  Alton  is  hereby  authorized 
to  issue  its  serial  notes  or  bonds  to  an  amount  not  exceeding 
twenty-two  thousand  dollars  ($22,000)  for  the  purpose  of  re- 
funding outstanding  water  indebtedness  of  a  like  amount. 
Said  serial  notes  or  bonds  shall  be  signed  by  the  selectmen  and 
countersigned  by  the  treasurer. 

2.  Terms.  Said  issue  of  serial  notes  or  bonds  shall  be  due 
and  payable  at  such  times,  not  more  than  twenty  years  from 
their  date  of  issue,  and  in  such  amounts,  and  in  such  manner 
as  the  board  of  selectmen  and  treasurer  of  said  town  may 
determine,  at  a  rate  of  interest  to  be  fixed  by  said  board. 

3.  Application  of  General  Laws.  Except  as  otherwise  pro- 
vided in  this  act,  the  provisions  of  chapter  59  of  the  Public 
Laws  shall  apply  to  the  serial  notes  or  bonds  herein  author- 
ized. 

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

[Approved  May  15,  1941.] 


510  Chapters  297,  298  [1941 

CHAPTER  297. 

AN  ACT  RELATIVE  TO   THE   COMMUNITY   HOSPITAL   OF  WALPOLE 
AND  ELLIOT  COMMUNITY  HOSPITAL  OF  KEENE. 

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

1.  County  Appropriations.  The  county  of  Cheshire  is 
hereby  authorized  to  appropriate  from  time  to  time  such  sums 
of  money  in  aid  of  the  support  and  maintenance  of  the  Elliot 
Community  Hospital,  Keene,  and  the  Community  Hospital  of 
Walpole  in  such  proportion  as  in  the  opinion  of  the  county 
delegation  of  the  legislature  may  be  necessary,  provided  that 
such  appropriation  shall  not  exceed  a  total  of  three  thousand 
dollars  in  any  one  year. 

2.  Takes  Effect;  Limitation.  This  act  shall  take  effect  up- 
on its  passage  and  continue  in  effect  until  December  31,  1945. 

3.  Repeal.  Chapter  125  of  the  Laws  of  1925,  relative  to 
county  appropriations,  is  hereby  repealed. 

[Approved  May  27,  1941.] 


CHAPTER  298. 


AN  ACT   RELATIVE   TO   THE   APPROPRIATION    OF   MONEY   BY   THE 

TOWN  OF  BRISTOL  FOR  TRANSPORTATION  TO  THE  RAILROAD 

AT  FRANKLIN. 

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

1.  Proceedings  Legalized.  The  proceedings  of  the  town  of 
Bristol  at  the  annual  meeting,  March  11,  1941,  whereby  it 
voted  under  Article  17  to  raise  and  appropriate  three  hundred 
dollars  ($300)  to  further  transportation  facilities  between 
Bristol  and  Franklin,  is  hereby  legalized  and  made  valid. 

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

[Approved  May  27,  1941.] 


1941]  Chapters  299,  300  511 

CHAPTER  299. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  LYME  TO  ISSUE  REFUNDING 

NOTES   OR  BONDS  AND  VALIDATING  PROCEEDINGS  OF  THE 

TOWN  MEETINGS  OF  THE  TOWN  OF  LYME. 

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

1.  Authorization.  The  town  of  Lyme  is  hereby  authorized 
to  issue  serial  notes  or  bonds  to  an  amount  not  exceeding 
thirty-five  thousand  dollars  any  other  provisions  of  law  to  the 
contrary,  notwithstanding,  for  the  purpose  of  refunding  out- 
standing temporary  and  permanent  notes. 

2.  Proceedings  Validated.  The  proceedings  of  the  town  of 
Lyme  taken  at  the  meetings  of  March  11,  1941  so  far  as  they 
relate  to  the  appropriations  for  the  purposes  set  forth  in  sec- 
tion 1  and  the  issuance  of  notes  or  bonds  in  pursuance  there- 
of, are  hereby  legalized,  ratified  and  confirmed  and  made  as 
effective  as  if  such  proceedings  were  taken  after  the  passage 
of  this  act. 

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

[Approved  May  27,  1941.] 


CHAPTER  300. 


AN  ACT  LEGALIZING  THE  PROCEEDINGS  TAKEN  AT  THE  ANNUAL 

TOWN  MEETING  IN  MILAN  ON  MARCH  11,  1941,  RELATIVE 

TO  ACQUIRING  LAND  AND  BUILDING  A  TOWN  HALL. 

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

1.  Proceedings  Legalized.  The  proceedings  and  votes  of 
the  annual  town  meeting  of  the  town  of  Milan  held  on 
March  11,  1941,  are  hereby  legalized,  ratified  and  confirmed 
so  far  as  they  relate  to  the  appropriation  and  issuance  of 
bonds  or  notes  for  the  purpose  of  acquiring  land  and  building 
a  town  hall  in  West  Milan. 

2.  Takes  Effect.  This  act  shall  tak»  effect  upon  its 
passage. 

[Approved  May  27,  1941.] 


512  Chapter  301  [1941 

CHAPTER  301. 

AN  ACT  RELATING  TO  THE   MINISTERIAL  LIBRARY  IN  THE  TOWN 
OF   PETERBOROUGH. 

Whereas  there  are  certain  funds  in  the  Peterborough 
Savings  Bank  of  Peterborough,  New  Hampshire,  deposited  in 
Book  687,  to  the  credit  of  the  Peterborough  Ministerial 
Library,  which  funds  are  claimed  to  belong  to  the  Congrega- 
tional Society  (Unitarian)  of  said  Peterborough  as  successors 
to  the  equitable  title  of  said  book  under  the  name  of  "The 
Ministerial  Library  in  the  Town  of  Peterborough,"  incorpo- 
rated by  act  of  the  legislature  in  1838  (volume  3,  page  251  of 
the  records  of  the  secretary  of  state) ;  and  said  funds  in  1862 
amounted  to  $74.20,  in  1872  were  increased  to  $76.65,  and  since 
that  time  by  accumulations  of  interest  only  are  credited  as  of 
January  1,  1941  with  $894.64;  and  no  deposits  or  withdrawals 
have  been  made  for  over  thirty  years,  whereby  said  funds 
might  escheat  to  the  state  of  New  Hampshire  unless  otherwise 
dedicated;  now,  therefore, 

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

1.  Dissolution  of  Corporation.  The  corporation  Ministerial 
Library  in  the  town  of  Peterborough,  on  and  after  the 
passage  of  this  act,  is  dissolved  and  its  charter  forfeited ;  and 
any  funds  in  the  Peterborough  Savings  Bank  or  property 
credited  as  belonging  to  said  library  shall  vest  in  the  Congre- 
gational Society  (Unitarian)  of  said  Peterborough,  subject, 
however,  to  the  following  restrictions :  That  nothing  but  the 
income  of  said  fund  shall  be  expended  for  a  period  of  three 
years  from  the  date  of  the  passage  of  this  act;  that  within 
said  three  years,  the  superior  court  of  Hillsborough  county, 
on  application  of  any  legally  interested  party  that  the  pro- 
tection of  proprietary  or  other  rights  requires  the  doing  of 
any  act  or  thing  by  or  in  behalf  of  any  such  corporation,  may 
order  the  doing  of  such  acts  or  things,  and  for  this  purpose 
may  appoint  and  authorize  an  agent  to  act  for  and  in  the 
name  of  such  corporation  and  any  action  so  ordered  and  done 
shall  be  effective  corporate  action. 

2.  Use  of  Funds.  That  within  the  above  three  year 
period,  said  Unitarian   Society,  through   its   church   officers. 


1941]  Chapter  301  513 

may  pay  the  whole  or  any  part  of  the  income  accumulating 
after  the  passage  of  this  act  to  the  town  library  of  Peter- 
borough for  the  purchase  of  books  on  religious  educational 
purposes,  the  balance  to  be  retained  in  the  society  until  the 
end  of  said  period;  that  after  said  three  year  period,  if  no 
order  by  the  court  has  been  made  to  the  contrary,  said  fund 
may  be  used  by  said  society  for  the  promotion  of  religious 
educational  purposes  through  the  purchase  of  books  or 
through  maintenance  of  its  church;  and  said  society  is  em- 
powered to  transfer  all  or  any  part  of  said  funds  or  any  prop- 
erty in  its  possession  as  successor  to  said  Ministerial  Library 
to  the  Peterborough  town  library  for  the  purchase  of  books 
of  a  religious  educational  nature  or  to  any  other  association 
or  may  expend  all  or  any  part  of  said  funds  and  property  for 
the  religious  educational  purposes  of  the  said  Unitarian 
Society  or  any  organized  religious  society  in  the  town  of  Peter- 
borough ;  and  it  is  hereby  specified  that  "religious  educational 
purposes"  are  defined  as  purposes  connected  with  the  mainte- 
nance of  the  churches  of  liberal  faith  and  the  assistance  to 
libraries  in  keeping  and  purchasing  books  of  a  religious  edu- 
cational nature,  whether  such  libraries  are  town  or  privately 
maintained,  and  whether  such  books  are  promotive  of  the  in- 
terests of  any  religious  sect. 

3.  Statute  of  Limitations.  Unless  before  this  act  takes 
effect,  some  action  at  law  or  in  equity  has  been  started  or 
some  court  decree  has  been  made,  which  action  and  decree  can 
be  brought  forward  within  the  three  year  period  above  pro- 
vided, for  further  consideration  by  the  court,  the  Unitarian 
Society  of  Peterborough  shall  not  be  held  liable  for  the  trans- 
fer of  any  funds  in  accordance  with  the  terms  of  the  act,  but 
an  injunction  to  prevent  further  transfer  of  said  funds  may 
lie  if,  in  the  opinion  of  any  court,  justice  requires;  and  in  that 
case  the  attorney  general  must  be  made  a  party  to  the  action 
before  such  injunction  is  granted. 

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

[Approved  June  4,  1941.] 


514  Chapters  302,  303  [1941 

CHAPTER  302. 

AN   ACT   TO   AUTHORIZE   THE    BARTLETT    AND    NORTH    CONWAY 
LIGHTING  PRECINCT  TO  ISSUE  REVENUE  BONDS. 

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

1.  Bartlett  and  North  Conway  Lighting  Precinct.  Amend 
chapter  302  of  the  Laws  of  1931,  by  inserting  after  section  6 
the  following  new  section:  6-a.  Borrowing.  The  district  is 
further  authorized,  if  it  votes  so  to  do,  to  borrow  and  hire 
such  sums  of  money  as  may  be  deemed  necessary  and  expedi- 
ent for  the  purpose  of  defraying  the  cost  of  purchasing, 
acquiring,  erecting  or  maintaining  an  electric  light  plant,  or 
any  part  thereof,  and  may  issue  notes,  bonds,  mortgages  on 
the  sole  credit  of  the  plant,  or  on  the  sole  credit  of  the  earn- 
ings of  the  plant,  or  both,  and  the  obligations  thus  incurred 
shall  not  be  included  as  a  part  of  the  debt  of  the  district  in 
ascertaining  and  fixing  the  net  debt  of  the  district  under  the 
provisions  of  section  6,  chapter  302,  Laws  of  1931  and  chapter 
59,  Public  Laws.  Rates  of  interest  and  time  of  payment  may 
be  fixed  by  the  commissioners  of  the  district. 

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

[Approved  June  10,  1941.] 


CHAPTER  303. 


AN  ACT  TO  LEGALIZE    THE  ANNUAL    MEETINGS,  1940  AND  1941, 
IN   THE   TOWN   OF   JEFFERSON. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  town  meetings  held  on  the  twelfth  day  of  March, 
1940,  and  on  the  eleventh  day  of  March,  1941,  in  the  town  of 
Jefferson,  are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  June  12,  1941.] 


1941]  Chapters  304,  305  515 

CHAPTER  304. 

AN  ACT  AUTHORIZING  THE  REINSTATEMENT  OF  W.  A.  EMERSON'S 

SONS. 

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

1.  Reinstatement.  W.  A.  Emerson's  Sons,  a  corporation 
dissolved  by  chapter  291,  Laws  of  1939,  may  within  ninety 
days  after  May  15,  1941,  reinstate  itself  as  a  corporation  by 
the  payment  of  one  hundred  dollars  in  full  for  fees  in  arrears 
and  penalties,  and  by  filing  with  the  secretary  of  state  annual 
returns  for  the  years  1937  to  1941  inclusive,  and  a  statement 
under  oath,  signed  by  the  clerk  or  acting  clerk  of  such  corpo- 
ration, that  it  is  desired  that  its  charter  or  certificate  of  in- 
corporation shall  remain  in  full  force  and  effect ;  provided  that 
no  remedy  against  such  corporation,  its  stockholders  or 
officers,  for  any  liability  incurred  shall  be  impaired  hereby 
except  that  no  penalty  for  failure  to  pay  any  fees  or  file  any 
returns  before  the  date  of  May  15,  1941,  shall  be  imposed; 
otherwise  the  charter  of  said  corporation  shall  be  forfeited  in 
accordance  with  the  terms  of  chapter  291  of  the  Laws  of  1939, 
and  this  act  shall  in  that  case  have  no  effect  whatsoever. 

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

[Approved  June  12,  1941.] 


CHAPTER  305. 


AN  ACT  TO  REPEAL  CHARTERS  OF  CERTAIN  CORPORATIONS. 

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: 

Abbott  Grocery  Co.  (Keene,  1890) 
Alemma  Corporation  (Keene,  1936) 

AUiance  Circle  Twenty,  Incorporated  (Manchester,  1938) 
Allied  Packing  and  Distributing  Company,  Inc.  (Nashua,  1935) 


516  Chapter  305  [  1941 

Amherst  Midget  Speedway,  Inc.  (Amherst,  1939) 

Archambault  Furniture  Company  (Manchester,  1936) 

Arden's,  Inc.  (Nashua,  1936) 

Arnold  Wood  Heel  Company  (Seabrook,  1935) 

Athen's  Market  Inc.  (Manchester,  1938) 

Atlantic  Wood  Heel  Co.  Inc.  (Seabrook,  1938) 

Ayer  &  Son,  Inc.,  George  H.  (Manchester,  1933) 

Bailey  &  Sons,  Inc.,  F.  H.  (Nashua,  1935) 

Bald  Peak  Realty  Company  (Moultonboro,  1922) 

Bartemus  Company,  G.  N.  (Concord,  1911) 

Bay  State  Market,  Inc.  (Manchester,  1932) 

Beaver  Mills  (Keene,  1881) 

Bell  Brothers  Co.  (Wolfeboro,  1934) 

Bellevue,  Inc.  A.  C.  (Portsmouth,  1938) 

Berlin  Beverage  Company  (Berlin,  1939) 

Bert's  Diner,  Inc.  (Portsmouth,  1938) 

Bishop  Manufacturing  Company,  Inc.  (Lincoln,  1938) 

Blodgett  Lodge,  Inc.  (Newbury,  1937) 

Booth,  Inc.,  H.  M.  (Northfield,  1938) 

Bosson,  Inc.,  H.  Stewart  (Meredith,  1934) 

Boynton  &  Caverly  (Laconia,  1922) 

Brentwood  Shoe  Co.,  Inc.  (Brentwood,  1937) 

Brown's,  Inc.  (Concord,  1930) 

C  &  D  Oil  Co.,  Inc.  (Exeter,  1937) 

Camp  Raleigh,  Inc.  (Rumney,  1931) 

Campus  Cafe,  Inc.  The  (Hanover,  1934) 

Canaan  Street  Lodge,  Inc.  (Canaan,  1938) 

Carroll  County  Cooperative  Creamery  Association  (Sanborn- 
ville,  1934) 

Carroll  County  Land  &  Lumber  Company  (Mountainview, 
1919) 

Carter-Taylor,  Inc.  (formerly  Gale  Shoe  Company;  Ports- 
mouth, 1912) 

Central  Finance  Corporation  (Concord,  1938) 

Chase  Farms,  Inc.  (Whitefield,  1920) 

Chase  &  Veasey  Box  &  Lumber  Company  (Lakeport,  1918) 

Cheshire  Wood  Heel  Company,  Inc.  (Keene,  1937) 

Chipp  Incorporated  (Dover,  1937) 

Chung  Mee  Restaurant,  Inc.  (Manchester,  1932) 

Citizens  Realty  Exchange,  Inc.  (Claremont,  1939) 

Clark  Pattern  Company,  Inc.  (Manchester,  1932) 


1941]  Chapter  305  517 

Colebrook  Lumber  Company,  Inc.  (Colebrook,  1933) 

Collins  Motor  Corporation  (Laconia,  1932) 

Colonial  Motors,  Inc.  (Nashua,  1939) 

Concord  Lunch,  Inc.  (Concord,  1934) 

Concord  Silversmiths  Corporation   (Concord,  1936) 

Connors  Company,  John  P.  (Manchester,  1938) 

Conway  Grocery  Company  (Conway,  1932) 

Corey  Oil  Co.   (Littleton,  1936) 

Cullen  Hardware  Corporation  (Littleton,  1937) 

Cullen  Oil  Corporation  (Littleton,  1935) 

Cummings  Creamery,  Inc.  (Newport,  1938) 

Cutting  &  Son  Co.,  E.  L.  (Croydon,  1932) 

Delay  Manufacturing  Company,  Inc.  (Keene,  1931) 

Derry  Company  (Derry,  1937) 

Diamond  T  Truck  Co.  (Manchester,  1932) 

Dickerman-Woodworth  Company,  The  (Concord,  1931) 

Doherty,  Incorporated,  James  A.  (Manchester,  1939) 

Dole,  Inc.,  Arthur  E.  (formerly  Stone  and  Dole  Inc.,  Concord, 

1932) 
Duncan  The  Druggist,  Inc.  (East  Jaffrey,  1920) 
East  Jaffrey  Manufacturing  Company  (East  Jaffrey,  1912) 
Eaves,  Incorporated,  Elinor  R.  (E.  Jaffrey,  1931) 
Economy  Clothing  Company,  Incorporated  (Berlin,  1933) 
Elkins  Dentist,  Inc.,  Dr.  (Manchester,  1934) 
Ellsworth  Road  Light  and  Power  Company    (W.   Campton, 

1926) 
Emerson  Inn,  Incorporated,  The  (Bartlett,  1936) 
Emerson  Paper  Company  (Sunapee,  1890) 
Eureka  Head  Ache  Cure  Company  (Concord,  1892) 
Federal  Square  Corporation  (Concord,  1920) 
Fitzwilliam  Pubhc  Welfare  Association  (Fitzwilliam,  1927) 
Forbes  and  Bailey,  Inc.  (Bethlehem,  1938) 
Forbes-Goodwin-Bailey,  Inc.   (Bethlehem,  1938) 
Forty-Niners,  Inc.,  The  (Whitefield,  1938) 
Fownes  Meat  &  Grocery,  Inc.  (Farmington,  1934) 
Frederick  Shoe  Corporation  (Derry,  1935) 
Gale  Fingercuff  Company  (Concord,  1937) 
Gammons  Company,  Inc.  (Plymouth,  1929) 
General  Construction  Corporation  (Manchester,  1938) 
General  Realty  Company  (Concord,  1925) 


518  CHAPTER  305  [1941 

Gerard  Supreme  Markets,  Inc.  (Manchester,  1938) 

Goatland,  Inc.  (Manchester,  1931) 

Golden  Rich  Food  Corporation  (Pittsburg,  1938) 

Goodnow  Specialties  Corporation  (Keene,  1927) 

Gosselin  Auto  Body  Shop,  Incorporated  (Claremont,  1938) 

Granite  State  Appliance  Co.,  Inc.   (West  Ossipee,  1937) 

Granite  State  Construction  Co.  (Concord,  1937) 

Granite  State  Insulating  Co.  (Manchester,  1936) 

Granite  State  Lumber  Co.,  Inc.  (Tam worth,  1937) 

Grant  &  Company,  Inc.,  G.  H.  (Wolfeboro,  1938) 

Gregoire  Co.,  Inc.,  D.  G.  (Manchester,  1932) 

Guimond  Construction  Company,  Inc.  (Concord,  1939) 

Haji-Costas,  Inc.,  Geo.  (Manchester,  1938) 

Hampstead  Manufacturing  Company,  Inc.  (Derry,  1935) 

narrower  Company,  J.  W.  (Plymouth,  1930) 

Henderson-Glendale,  Inc.  (Gilford,  1927) 

Herman  Shoe  Co.,  Inc.  (Newton  Junction,  1939) 

Hill  Billies,  Inc.  (Campton,  1937) 

Hillsborough  Quarries,  Inc.  (Milford,  1937) 

Hinkley  Corporation,  Thomas,  The,  (Plymouth,  1930) 

Hobby  Shoe  Co.,  Inc.  (Rochester,  1937) 

Hollis  Mutual  Fire  Insurance  Company  (1846) 

Hurd  Root  Beer  Company,  The  (Raymond,  1936) 

Hurdemac  Laboratory,  Inc.,  The  (Nashua,  1938) 

Hutchins  Company,  John  C,  The  (Stratford,  1920) 

Interstate  Passenger  Service  Inc.  (Dover,  1933) 

Irving  Shoe  Co.  Inc.  (Manchester,  1938) 

Jaffrey  Building  &  Loan  Association  (Jaffrey,  1917) 

Jersey  Baking  Company  (Concord,  1927) 

Kearsarge  Electric  Company  (Meredith,  1928) 

Keene  Air  Service,  Inc.  (Keene,  1938) 

Keene-Brattleboro  Transfer  Co.  (Keene,  1925) 

Keene  Radio  &  Electric  Co.  (Keene,  1938) 

Kelley  Concrete  Company,  Inc.  (Canaan,  1939) 

Kelley  Rich  Food  Corporation  (Pittsburg,  1939) 

Knapp  Manufacturing  Company  (Lebanon,  1921) 

Kra-Co  Shoe  Corp.  (Danville,  1939) 

Krickler  Pre  Heater  Company,  Incorporated  (Keene,  1938) 

Labnon's,  Inc.  (Berlin,  1936) 

Laconia  Manufacturing  Corporation  (Laconia,  1937) 


1941]  Chapter  305  519 

Lakeside  Motor  Co,   Inc.  (Laconia,  1937) 

Lancaster  Cattle  Company  (Lancaster,  1935) 

Lane  Gum  Co.  (Keene,  1937) 

LeBlanc  Drugstore,  Inc.  (Manchester,  1939) 

Lee's  Garage  Inc.  (Concord,  1937) 

Levingston's,  Inc.  (Concord,  1937) 

Lewis  &  Angier,  Inc.  (Claremont,  1931) 

Lisbon  Improvement  Association  (Lisbon,  1919) 

Lister  Silver  Black  Fox  Company  (Rumney,  1924) 

Littleton  Metal  Company,  Inc.,  The  (Littleton,  1938) 

Lobster  Pound,  Inc.  (Portsmouth,  1939) 

Lockwood  Inn,  Inc.  (Dublin,  1939) 

Lovell  Lake  Creamery,  Inc.  (Wakefield,  1939) 

M.  &  P.  Builders  and  Engineers  (Nashua,  1930) 

Main  Street  Garage  (North  Conway,  1928) 

Manchester  Coke  Company  (Manchester,  1936) 

Manchester  Counter  Company,  Inc.  (Manchester,  1937) 

Manchester  Dairy,  Inc.  (Manchester,  1935) 

Manchester  Hardware  Co.,  The  (Manchester,  1886) 

Manchester  Reed  Works   (Bedford,  1920) 

Manchester  Traction,  Light  &  Power  Company  (Manchester, 
1914) 

Manchester  Zoo,  Inc.,  The  (Manchester,  1934) 

Mandelson  Co.,  J.  C.  (Nashua,  1908) 

Mascoma  Camps,  Incorporated   (Hanover,  1923) 

Maynard  Inc.,  Ed.  (formerly  White  Mountain  Manufacturing 
Company,  Plymouth,  1932) 

Maynard  Heel  Co.,  Inc.  (Claremont,  1937) 

McDuff  Machine  Company,  Incorporated  (Lakeport,  1924) 

Mclntire  Incorporated  Enterprises   (Portsmouth,  1937) 

McKay-Frank  Shoe  Company,  Inc.  (formerly  Varsitee  Shoe 
Company,  Salem,  1936) 

Meglitz  Engineering  Co.,  William  B.  (formerly  Thompson  En- 
gineering Company,  Lancaster,  1939) 

Melanson  Shoe  Company  (Manchester,  1930) 

Mellin-Quincy  Mfg.  Co.  (Whitefield,  1933) 

Miller  Shoe  Co.  (Derry,  1937) 

Modern  Amusements,  Inc.  (Franklin,  1938) 

Modern  Markets,  Incorporated  (Berlin,  1937) 

Mohawk  Improvement  Company  (1883) 


520  Chapter  305  [1941 

Morse  Co.,  A.  W.  (Manchester,  1933) 

Mount  Whittier  Corporation,  The  (West  Ossipee,  1938) 

Muir  Lumber  Company  (Manchester,  1922) 

Mutual  Finance  Company,  Inc.  (Manchester,  1931) 

Nardini  Company,  The  (Concord,  1935) 

Nashua  Drug  Company,  The  (Nashua,  1891) 

Nashua  Sterling  Store,  Inc.  (Nashua,  1932) 

Nelson  Dowling  Coal  Company  (Manchester,  1922) 

New  England  Karakul  Fur  Sheep  Breeder's  Inc.  (Plymouth, 
1938) 

New  Hampshire  Breeders'  Association,  Inc.,  The  (Salem, 
1931) 

New  Hampshire  Diatomite  Company,  The  (Portsmouth, 
1932) 

New  Hampshire  Fibrecraft  Inc.  (Center  Ossipee,  1938) 

New  Hampshire  Granite  Company,  Inc.,  The  (Redstone,  Con- 
way, 1938) 

New  Hampshire  Hoxide  Inc.  (Rochester,  1927) 

New  London  Realty  Association  (New  London,  1929) 

Newmarket  Speedway,  Incorporated,  The  (Newmarket,  1926) 

Newton  Shoe  Company,  Inc.  (formerly  Wingate,  Inc.,  Newton, 
1937) 

1939  Department  Convention  Corporation,  The  (1938) 

Nolan,  Inc.,  Angus  (Goffstown,  1939) 

Osgood  Company,  Inc.,  F.  F.  (Manchester,  1929) 

Ossipee  Ski  Tow,  Inc.  (Ossipee,  1939) 

Our  Camp,  Inc.  (Andover,  1932) 

Pasquaney  Land  Associates  (Hebron,  1923) 

Paul's  Tea  Room,  Inc.  (Manchester,  1939) 

Peace  Haven  Corporation  (Manchester,  1939) 

Pemi  Corporation  (Plymouth,  1937) 

Pendergast  Sales  Co.,  Inc.  (Newmarket,  1927) 

Peverly  Hill  Corporation  (Portsmouth,  1938) 

Phaneuf  Insurance  Agency  (Concord,  1914) 

Phelps  &  Shepard,  Inc.  (Manchester,  1935) 

Pickering,  Inc.,  Leonard  B.  (Laconia,  1939) 

Piscataqua  Realty  Company  (Salem,  1927) 

Plaistow  Shoe  Co.  (Plaistow,  1934) 

Portsmouth  Cafe  Co.,  Inc.  (Portsmouth,  1938) 

Portsmouth  Cafe,  Inc.  (Portsmouth,  1937) 


1941]  CHA.PTER  305  521 

Portsmouth  Restaurant  Co.  (Portsmouth,  1939) 

Priscilla  Garden  Tea  Room  Inc.  (Concord,  1934) 

Queen  City  Fruit  and  Produce  Co.  (Manchester,  1939) 

Queen  City  Shoe  Mfg.  Corporation  (Manchester,  1935) 

Realty  Investment  Company  (Manchester,  1902) 

Rice  Corporation,  P.  H.  (formerly  Connare-Rice  Corporation, 

Manchester,  1931) 
Rioux  Funeral  Parlors,  Inc.  (Berlin,  1933) 
River  Lumber  Corporation  (Barrington,  1937) 
Robbins  Motor  Sales,  Inc.  (Hillsborough,  1938) 
Rochester  Motors,  Inc.  (Rochester,  1937) 
Rockingham  Country  Club,  Inc.  (Newmarket,  1937) 
Rockingham  Realty  Company  (Derry,  1914) 
Ronan-Johnson,  Inc.  (Manchester,  1934) 
Rosebud  Shoes,  Inc.  (Derry,  1938) 

Royal  Crown  Bottling  Company  of  New  Hampshire   (Ports- 
mouth, 1939) 
Salmon  Falls  Realty  Company  (Manchester,  1935) 
Samara,  Inc.,  Salin  (Manchester,  1934) 

Samuel  Shoe  Company,  Inc.  (formerly  Samuel  Shoe  Company, 

Inc.,  1934,  and  Wise  Shoe  Company,  Inc.,  Farmington, 

1934) 

Schelzel  Vulcanizing  Works,  Incorporated  (Manchester,  1933) 

Selective  Display  Advertising  Corporation  of  New  Hampshire 

(Concord,  1938) 
Shaw  Service,  The  (Nashua,  1926) 
Smalley-Souhegan     Granite     Company      (formerly     Daniels 

Granite  Co.,  Milford,  1899) 
Smith  Shook  &  Lumber  Company  (Bristol,  1917) 
Solid  Fuel  Transportation,  Inc.  (Nashua,  1939) 
Somersworth    Knights    of    Columbus    Building    Association 

(Somersworth,  1920) 
Souhegan  Manufacturing  Company,  The  (Milford,  1937) 
Square  Deal  Market,  Incorporated  (Berlin,  1939) 
Star  Auto  Shop,  Inc.   (formerly  Star  Paint  Shop,  Inc.,  Man- 
chester, 1936) 
Star  Theatre  of  Manchester,  Inc.  (Manchester,  1930) 
Stark  Finishing  Company  (Manchester,  1938) 
Sterling,  Inc.,  W.  A.  (Claremont,  1939) 
Stone  Motors,  Inc.,  K.  E.  (Manchester,  1938) 


522  Chapter  305  [1941 

Sunapee  Corporation,  The  (New  London,  1937) 

Thayer-Osborne  Shoe  Company  (Farmington,  1911) 

ThemeHs,  Inc.,  Arthur  G.  (Manchester,  1931) 

Tilton  Hosiery  Mills,  Inc.,  The  (Laconia,  1937) 

Tobey  &  Son,  Inc.,  Chas.  W.  (Manchester,  1931) 

Tobey  Farms  Incorporated  (Plymouth,  1930) 

Twin  States  Co-operative  Milk  Producers  Association  (West 

Canaan,  1937) 
Upland  Terrace,  Incorporated  (Bethlehem,  1923) 
Vermont  Packing  Company,  Inc.  (North  Walpole,  1934) 
Wakefield  Lumber  Corporation  (1937) 
Warren  Manufacturing  Company  (Warren,  1914) 
Washington  Shoe  Co.,  Inc.  (Salem  Depot,  1938) 
Wentworth  Camps,  Inc.,  The  (Wolfeboro,  1939) 
Wigwam,  Inc.,  The  (Hanover,  1927) 
Wingate,  Inc.  (Newton,  1938) 

Wolfeboro  Coal  &  Supply  Company    (Wolfeboro,  1920) 
Wolfeboro  Mills   (formerly  Racine  Woolen  Mills,  Wolfeboro, 

1918) 
Wolfeboro  Oil,  Inc.  (Wolfeboro,  1938) 
Wolfeboro  Shoe  Co.,  Incorporated  (Wolfeboro,  1938) 
Wood  Inc.,  George  H.  (Claremont,  1929) 
Woodworth  &  Company  (Concord,  1901) 

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 
corporation,  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 
charter  is  hereby  repealed,  revoked  and  annulled,  shall,  never- 


1941]  Chapter  306  523 

theless,  continue  as  a  body  corporate  for  the  term  of  three 
years  from  the  date  that  this  act  takes  effect,  for  the  pur- 
pose of  presenting-  and  defending  suits  by  or  against  it  and 
of  gradually  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  corpo- 
ration to  order  the  doing  of  such  acts  or  things,  and  for  this 
purpose  may  appoint  and  authorize  an  agent  to  act  for  and 
in  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  12,  1941.] 


CHAPTER  306. 

AN  ACT  TO  SEPARATE  THE  FIRE  DEPARTMENT  OF  THE  LEBANON 

CENTER  VILLAGE  FIRE  PRECINCT  FROM  THE  WATER  WORKS 

DEPARTMENT  OF  SAID  PRECINCT  AND  TO  INCORPORATE 

EACH  DEPARTMENT. 

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

1.  Change  of  Name.  The  name  of  the  Lebanon  Center 
Village  Fire  Precinct  in  Lebanon  is  hereby  changed  to  the 
Lebanon  Water  Works. 

2.  Powers.  The  Lebanon  Water  Works  shall  continue  to 
exercise,  own,  have  and  assume  all  the  rights,  property, 
powers,  liabilities,  obligations,  outstanding  bonds,  duties, 
privileges  and  functions  now  vested  in,  owned,  owed,  operated 
and  exercised  by  said  Lebanon  Center  Village  Fire  Precinct, 
in  so  far  as  they  pertain  to  the  water  works  department  of 
said  precinct  and  in  so  far  as  they  pertain  to  the  use  of  the 
water  and  the  property  and  rights  connected  therewith  by 
said  precinct  for  all  purposes. 


524  Chapter  306  [1941 

3.  Corporation  Created.  There  is  hereby  created  a 
separate  and  distinct  corporate  body  to  be  known  as  the 
Lebanon  Center  Precinct  Fire  Department. 

4.  Powers  Granted.  All  the  rights,  property,  powers, 
liabilities,  obligations,  duties,  privileges  and  functions  now 
owned,  vested  in,  operated  and  exercised  by  the  Lebanon  Cen- 
ter Village  Fire  Precinct,  in  so  far  as  they  pertain  to  the  fire 
department  and  its  functions  and  to  the  protection  of  persons 
and  property  from  fires,  are  hereby  vested  in  the  Lebanon 
Center  Precinct  Fire  Department  hereby  created. 

5.  Present  Officers.  All  officers  of  the  Lebanon  Center 
Village  Fire  Precinct  now  holding  office  by  virtue  of  election 
or  appointment  shall  continue  to  be  and  remain  in  office  until 
other  action  and  election  hereunder  are  taken. 

6.  Separation  of  Functions.  The  Lebanon  Water  Works  is 
hereby  authorized  and  empowered  to  assign  to  the  Lebanon 
Center  Precinct  Fire  Department  by  proper  deed,  conveyance, 
bill  of  sale  or  other  legal  document,  all  the  property,  effects, 
fire  equipment  and  instrumentalities  pertaining  to,  connected 
with,  or  otherwise  belonging  to  and  now  used  by  the  Lebanon 
Center  Village  Fire  Precinct  for  the  protection  of  persons  and 
property  from  fire ;  and  to  do  all  other  acts  necessary  to  effect 
a  complete  separation  of  the  functions  of  the  water  works  de- 
partment from  the  functions  of  the  fire  department  now  ex- 
ercised by  said  precinct. 

7.  Lines  and  Boundaries.  The  precinct  lines,  territories 
and  boundaries  of  the  Lebanon  Center  Village  Fire  Precinct 
now  in  existence  both  as  to  use  of  water  and  the  water  works 
department  and  the  use  of  water  for  the  protection  of  persons 
and  property  from  fire  and  the  fire  department  shall  continue 
to  be  and  remain  as  the  same  are  now. 

8.  First  Meeting  of  New  Corporation.  The  first  meeting 
of  the  Lebanon  Water  Works  shall  be  called  by  the  water  com- 
missioners of  the  Lebanon  water  works  of  the  former  precinct, 
now  in  office,  on  the  third  Tuesday  of  March,  1942,  and  the 
annual  meetings  of  the  Lebanon  Water  Works  shall  thereafter 
be  held  on  the  third  Tuesday  of  March  in  each  year.  Said 
water  commissioners  are  hereby  vested  with  all  necessary 
authority  to  call  said  first  meeting  and  the  present  officers  of 
the  Lebanon  Center  Village  Fire  Precinct  with  the  exception 


1941]  CHi^PTER  306  525 

of  the  officers  in  the  fire  department  of  said  precinct  shall  act 
as  officers  at  this  meeting  or  until  other  officers  are  chosen  and 
with  these  exceptions  the  by-laws,  rules  and  regulations  which 
heretofore  governed  the  meetings  of  the  Lebanon  Center 
Village  Fire  Precinct  shall  be  and  remain  in  force  until  other- 
wise changed  by  the  Lebanon  Water  Works. 

9.  Filing  for  Office.  Any  candidate  for  office  of  water  com- 
missioner shall  file  with  the  clerk  his  application  therefor  at 
least  seven  days  prior  to  said  meeting. 

10.  Superintendent  of  Water  Works.  The  water  commis- 
sioners of  the  Lebanon  Water  Works  shall  employ  a  superin- 
tendent who,  under  their  supervision,  shall  have  complete 
charge  and  management  of  all  the  operations  of  the  Lebanon 
Water  Works,  its  plant  and  equipment  and  of  all  extensions, 
repairs  and  replacements  and  shall  also  collect  the  water  rents 
and  pay  the  same  into  the  hands  of  the  treasurer.  The  water 
commissioners  may  remove  the  superintendent  for  cause  at 
any  time  after  due  public  hearing. 

11.  Depreciation  Reserve  Fund.  The  Lebanon  Water 
Works  is  hereby  authorized  and  empowered  to  create  and 
maintain  out  of  its  funds  a  depreciation  reserve  fund  to  take 
care  of  replacements  of  its  plant,  machinery,  equipment  and 
instrumentalities. 

12.  First  Meeting  of  Fire  Precinct.  The  fire  wards  of  the 
Lebanon  Center  Precinct  Fire  Department,  formerly  the 
Lebanon  Center  Village  Fire  Precinct  firewards,  now  in  office, 
shall  call  a  meeting  of  the  Lebanon  Center  Precinct  Fire  De- 
partment on  the  first  Tuesday  of  April,  1942,  and  said  fire- 
wards  are  hereby  vested  with  all  authority  necessary  to  call 
and  conduct  said  meeting  and  the  present  officers  of  the 
former  precinct,  with  the  exceptions  of  the  officers  in  the 
water  works  functions  of  said  precinct,  shall  act  as  officers  at 
this  meeting  or  until  other  officers  are  chosen  or  elected,  and 
with  these  exceptions  the  by-laws,  rules  and  regulations  which 
heretofore  governed  the  meetings  of  the  Lebanon  Center 
Village  Fire  Precinct  shall  be  and  remain  in  force  until  other- 
wise changed  by  vote  of  Lebanon  Center  Precinct  Fire  Depart- 
ment. 

13.  Meetings  Legalized.  All  meetings,  votes  and  actions, 
if  said  meetings,  votes  and  actions  would  be  legal  except  for 


526  Chapter  307  [1941 

technicalities,  held  and  taken  by  the  Lebanon  Center  Village 
Fire  Precinct  from  the  date  of  its  organization  to  the  date  of 
the  approval  of  this  act  are  hereby  legalized.  All  authority 
heretofore  vested  by  the  legislature  of  this  state  in  the 
Lebanon  Center  Village  Fire  Precinct  shall  remain  vested  in 
the  Lebanon  Water  Works  and  the  Lebanon  Center  Precinct 
Fire  Department  in  such  manner  as  is  provided  for  by  this 
act. 

14.  Application  of  Laws.  Such  parts  of  chapter  223, 
Laws  of  1887,  as  amended  by  chapters  191  and  247,  Laws  of 
1907,  as  are  inconsistent  with  the  provisions  hereof  are  here- 
by repealed. 

15.  Takes  Effect.  This  act  shall  take  effect  if  and  when 
it  is  ratified  in  accordance  with  an  article  in  the  warrant  at 
the  next  annual  meeting,  or  at  a  previous  legally  called  special 
meeting  of  the  Lebanon  Center  Village  Fire  Precinct,  but  not 
otherwise. 

[Approved  June  13,  1941.] 


CHAPTER  307. 


AN  ACT  ESTABLISHING  A  TRADE  SCHOOL  IN  THE  CITY  OF 
MANCHESTER. 

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

1.  Trade  School  Established.  The  school  board  of  Man- 
chester is  hereby  authorized  to  establish  in  the  city  of  Man- 
chester a  trade  school  at  such  time  as  the  necessary  funds  are 
appropriated  by  the  city  council. 

2.  Advisory  Board.  There  shall  be  an  advisory  board  for 
said  trade  school  consisting  of  five  members,  four  of  whom 
shall  be  appointed  by  the  mayor,  with  the  advice  and  consent 
of  the  board  of  aldermen,  as  follows:  two  representatives  of 
employers  and  two  representatives  of  employees,  the  mayor  to 
comprise  the  fifth  member  of  the  advisory  board.  The  term 
of  office  of  this  advisory  board  shall  be  four  years  each,  ex- 
cept that  the  members  of  the  first  board  shall  be  appointed 
for  terms  of  one,  two,  three  and  four  years  each.     There  shall 


1941]  Chapter  307  527 

be  at  all  times  two  representatives  of  employers  and  two  rep- 
resentatives of  employees. 

3.  Director.  The  director  of  the  trade  school,  appointed 
as  are  other  teachers  and  principals,  shall  be  the  executive 
and  administrative  officer  of  said  trade  school.  He  shall  have 
adequate  experience  in  industry  and  training  for  teaching  shop 
work. 

4.  Teachers.  Teachers  in  the  trade  school  shall  have 
adequate  experience  in  industry,  and  training  for  teaching 
shop  work. 

5.  Federal  Aid.  The  school  board  is  authorized  to  co- 
operate with  and  enter  into  such  agreements  with  the  federal 
or  state  government  and  any  agency  thereof  as  it  deems  ad- 
visable to  secure  federal  or  state  funds  for  the  purpose  of  this 
act.  Said  school  board  may  also  accept  gifts  from  individuals 
or  corporations  for  the  purposes  hereof. 

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

[Approved  June  13,  1941.] 


STATE  OF  NEW  HAMPSHIRE 


Office  of  Secretary  of  State, 
Concord,  September  1,  1941. 

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,  1941 


Page 

Abatement,  county  taxes,  interest  397 

Absentee  voting,  form  of  affidavit  1 

Acetone,  exception  to  regulations  for  explosives  57,  212 

Accident  and  health  insurance  policies   158-162 

Accidents,  motor  vehicle,  see  Financial  responsibility. 

Accountancy,  state  board  of,  annual    registration    98,  99 

appropriation    269,  272 

Accountants,  public,  annual  registration    98,  99 

elimination  of  requirement  for  practice  in  state  98,  99 

Actions,  breach  of  contract  to  marry   223,  224 

civil,  see  Civil  actions, 
limitation  of,  see  Limitation  of  actions. 
see  also  Evidence. 
Adjustment,  board  of,  zoning,  see  Zoning. 

Adjutant  general,  coordinator,  state  council  of  defense 42 

department,  appropriation   343,  368 

deficiency  appropriation    266 

Administration,  see  Deceased  persons. 

Distribution  of  property. 
Simultaneous  death  act. 
Trustees. 

Aerial  tramv^^ay  commission,  duties  as  to  Mt.  Sunapee  tramway  . .  289-292 

expenses    270,  273 

see  also  Mt.  Sunapee. 

Aeronautics,  acquisition  of  land  for  321,  322 

appeal  procedure   328 

appropriation     327,  328 

commission,  appointment     319,  320 

compensation     320 

powers  and  duties   320,  321 

rules  and  regulations   320,  328 

term  of  office  320 

vacancies    320 

declaration  of  purpose  of  act 316 

definitions    317-319,  329 

director,  appointment  and  qualifications  321 

compensation    321 

powers  and  duties    321,  322 

disposition  of  revenue   327 

employees,  appointment  by  director  321 

exceptions  to  registration  324,  326,  ZZl 

531 


532                                       Index  [1941 

Aeronautics,  existing  certifications  continued  in  effect  328 

fees    326,  327 

fuels,  disposition  unref unded  tolls  333 

joint  ownership  of  facilities 322 

landing  areas,  fees   for    326,  327 

use  of   322,  323 

prohibitions  and  penalties  324-326 

public  service  commission  records  transferred  328 

registration  certificates 323,  324 

schools    for    320 

short  title  of  act  316 

special  fund  created  327 

state  airways  system  322,  323 

suspension  or  revocation  of  registrations   323,  324 

town,  conveyance  of  property  to 322 

federal  aid,  acceptance   322 

operation  of   facilities    322,  323 

use  of  facilities ;  lease  322,  323 

transfer  of  title  of  aircraft  323 

see  also  Airport. 
Agricultural  exhibition  building,  see  State  convention  building. 

vehicles,  municipal  permit  for 84,  85 

nonresident,  without  registration  267 

Agriculture,  commissioner,  licensing  purchasers  of  milk  for  resale  23-25 

department,  appropriation    343,  344,  369,  370 

poultry  dealers   270,  273 

farming  operations,  snow  on  highways  39 

see  also  Commercial   feeding-stuffs. 
Eggs,  grading. 

Aircraft  operation  on  water  while  boats  are  racing 239,  240 

see  also  Aeronautics. 
Airport,  Laconia,  see  Laconia  airport. 

property,  reimbursement  to  towns  for  loss  of  taxes 169,  170 

zoning,  acquisition  of  air  rights    219,  220 

appeal  board    218,  219 

application  of  laws  219 

approach  plans    215 

definitions    214,  215 

enforcement  and  remedies  219 

obstructions,  marking  and  lighting  218 

permits     217 

procedure    218,  219 

severability    section    220 

short  title  of  act  220 

town  authority  to  adopt  regulations  215,  216 

variances   217,  218 

see  also  Aeronautics. 

Alcoholic  beverages,  expiration  date  of  permits  and  licenses 41 

fraternal  clubs,  licenses   165 

manufacturer,  bond  for  return  of  cooperage  .  406 

certificate  of  approval  406 


1941]  Index  533 

Alcoholic  beverages,  manufacturer,  prohibition  against  financial  in- 
terest in  retail  permittees. .  405,  406 

retail  permittees,  equipment  prohibitions 405,  406 

rules  and  regulations  by  commission  97,  98 

sale  of  on  election  days  after  polls  closed    . .  97,  98 

wholesaler    336,  337 

wholesaler,  limitation  on  purchases 406 

see  also  Liquor  commission. 

Alton  refunding  bonds   509 

American  Legion,  national  Y.  D.  convention,  appropriation 449,  450 

see  also  Voitures  of  La  Societe  Des  40  Hommes. 

Red  Cross,  property  exemption  263,  264 

Andover,  Marston  Hill  road,  classification  81 

Angling,  defined   183 

Animals,  wild,  jacking  prohibited  21 

Appeals,  board  of,  airport  zoning  218,  219 

public  utility  temporary  rates  223 

Apportionment  of  public  taxes   30-37 

Appropriations,  aeronautical   commission    327 

Atlantic  States  fisheries  

Bent,  Fred,  in  favor  of  447, 

Bergeron,  Fred,  in  favor  of   

biennium,  accountancy,   board  of    269 

adjutant  general's  department    343 

aerial  tramway  commission  270, 

agriculture,  department  of    343,  344,  369 

poultry  dealers  270, 

arts  and  crafts,  commission   365 

attorney  general's  department 345 

bank   commission    362 

barbers'  board  269, 

blind,  needy   362, 

bounties     350, 

buildings  and  grounds    348,  349, 

cancer  commission   362, 

children,  dependent,  aid  to 362, 

chiropody,   board   of    270, 

chiropractic  examiners    365 

civilian  conservation  corps  362 

comptroller's   department    345,  346, 

council  of  state  governments   341 

crippled  children's  services    360, 

dental  board  269, 

Eastern  States  Exposition  344, 

education,  state  board  of    358,  359,  384 

emergency    fund    342, 

executive  department    341,  342,  366, 

Firemen's  Relief  Assn 345 

retirement  board  365 

fish  and  game  department 365,  366,  391 

forestry  and  recreation   345,  347,  371 


328 
205 
448 
452 
272 
368 
273 
370 
273 
391 
370 
388 
272 
387 
376 
374 
388 
387 
274 
391 
387 
371 
366 
386 
272 
369 
385 
367 
367 
371 
391 
392 
372 


534  Index  [1941 

Appropriations,  biennium,  funeral  directors  and  embalmers  270,  274 

G.  A.  R 345,  371 

Granite  State  Dairymen's   Assn 343,  369 

Deaf   Mute  Mission   345,  371 

hairdressers,  board  of  268,  272 

health,  state  board  of    360,  361,  385,  386 

highway   department    269,  270,  273 

hygiene,  laboratory  of  360,  386 

industrial    school    351,  352,  376,  Zll 

insurance   department    347,  372 

Keene  teachers  college  359,  384 

labor,  bureau  of   347,  348,  ZIZ 

Laconia  state  school  352,  353,  Zll ,  378 

legislature   341,  366 

library,  public,   commission    364,  389 

liquor   commission    268,  271 

mailing  department    349,  374 

medicine,  board  of  270,  274 

military  organizations   345,  371 

milk  control   board    357,  383 

motor  vehicle  department 269,  272,  273 

Mt.  Sunapee,  survey   363 

municipal  accounting  division  364,  390 

national  guard  343,  368 

New  Hampshire  Historical  Society  ....  345,  371 
Horticultural  Society  .  343,  369 
Sheep  Breeders'  Assn..        343,  369 

Veterans'  Assn. 346,  371 

old  age  assistance  362,  387 

Old  Home  Week  Assn 345,  371 

optometry,  board  of    365,  391 

Prisoners'  Aid  Assn 346,  371 

prison  industries  356,  382 

probate  court  342,  368 

probation  department    357,  383 

pharmacy  commission    365,  391 

planning  and  development   363,  388,  389 

Plymouth  teachers  college   359,  385 

public  service  commission    364,  390 

welfare  department   361,  362,  387,  388 

purchasing  agent    348,  373 

racing  commission    270,  273 

regional  associations    363,  389 

secretary  of  state  348,  373,  374 

sight  conservation    362,  387 

soldiers  and  sailors  burial   350,  376 

home    354,  355,  380 

state  house  annex  sinking  fund  366,  392 

hospital    353,  354,  378,  380 

library     349,  374 

liquor  commission   268,  271,  272 


1941] 


Index  535 


Appropriations,  bicnnium,  state  police     ; ; ;  '  ',  c.   ^itV7«t 

prison   j55,  6bb,  del,  .55^ 

sanatorium    356,  357,  382,  383 

superior  court    342,  367 

supreme  court   342,  367 

tax  commission    364,  365,  390,  391 

teachers  retirement  board    365,  391 

tobacco  tax  division   365,  391 

treasury  department   349,  350,  375,  376 

tuberculous  persons    362,  387 

University  of  N.  H 351,  376 

veterinary  surgeons   365,  391 

water  control   commission    358,  383,  384 

resources  board  358,  383,  384 

weights  and  measures   350,  376 

275 
bird  life  exhibit    274  277 

capital   improvements    ' 

Chiaradia,  Olga,  in  favor  of   275 

Claremont  armory  repairs   

constitutional   convention    ' 

criminal  laws,  committee   

,   .  .  265,  266 

deficiency     221 

election  laws,  commission  

emergency   • ^^^ 

Emerson,  George  Y.,  in  favor  of  

federal  stamp  plan  ^^^ 

Feiner,  Samuel,  and  others  

fish  hatchery,   Whitefield    ^^^ 

rearing  station    ^3 

forest  fire  fighting     ^^^ 

protection     - 

wardens'  meetings   

Franklin,  Harry,  in  favor  of   ^^^ 

Gallagher,  Ralph  T.,  in  favor  of  456  457 

grade  crossings  '  ^^ 

Grafton  county   ^y 

Hadley,  Oliver,  in  favor  of  ^^^ 

highway,  six-year  plan  

Kane,  Patrick,  estate,  in  favor  of  ^ 

Kidder,  Millard,  in  favor  of  

Laconia  state  school    

liquor  warehouse    

Mount  Washington  observatory    ^^^ 

Mt.  Sunapee  tramway  ;  •  • '  • 

Neal,  Guy  S.,  and  others  442,443,459,460 

policemen  retirement  fund  

Portsmouth  armory  repairs  

reimbursement  state  treasury   ^^^ 

retirement  systems  study  

Revised  Laws,  publication  

Rivers,  Manena,  in  favor  of  


536                                         Index  [1941 

Appropriations,  Rose,  Clara  B.  S.,  estate  445 

Rye  harbor  improvement  240,  241 

Squam  lake,  dredging  445 

state  council  of  defense  44 

guard    51 

hospital    274,  275 

parking  area    275 

prison   repairs    275 

sanatorium    275 

Stevens,  Charles  E.,  in  favor  of  445,  446 

William  R.,  in  favor  of   449 

Stobie,  Robert,  estate   454 

storage  warehouse   275 

wood  waste  utilization   261 

Y.  D.  convention   449,  450 

Armories,  use  of,  by  state  guard 47 

Arrest,  fresh  pursuit  of  insurrectionists  48 

intrastate  fresh  pursuit  26,  27 

members  state  guard,  freedom  from 50 

without  warrant,  unlawful  entry  on  property  54,  55 

Arrests,  definitions  242,  243 

form  of  summons  244,  245 

length  of  detention  243,  245 

permissible  force  243 

powers  of  sheriffs,  constables  and  police 243-245 

questioning  suspects    243 

searching  for  weapons  243 

summons  instead  of  arrest 244,  245 

time  limit  on  detention 243 

warrant  not  in  officer's  possession  244 

what  is  lawful  242-245 

without  a  warrant  244 

see  also  Fresh  pursuit. 

Arts  and  crafts,  commission  appropriation 365,  391 

Aspirin,  sale  of,  in  other  than  drug  stores  336 

Assessment  of  public  taxes,  apportionment  30-37 

Athletic  commission,  state,  compensation    279 

fees  for  bouts  279,  280 

time  limit  on  boxing  bouts 280 

wrestlers,  fees   279,  280 

Atlantic  States  Marine  Fisheries,  appropriation  205 

commission   203,  204 

compact    198-205 

reports    204,  205 

Attachment,  policemen  retirement  benefits,  exemption  254 

warehouseman's  receipt    112 

Attorney  general,  member  interim  committees   453,  457 

notice  as  to  unclaimed  bank  deposits  11,  12 

private  practice   14 

salary    13,  14 

general's  department,  appropriation   345,  370 


1941]                                    Index  537 

Auditors,  town,  see  Town  auditors. 
Audits,  municipal,  see  Municipal. 
Automobiles,  see  Motor  vehicles. 

Bank  commission,   appropriation    362,  388 

commissioner,  notice  as  to  unclaimed  bank  deposits   11,   12 

study  motor  vehicle  financing,  member   457 

Banks,  assets  pledged   96 

may  act  as  agents  for  sale  of  U.  S.  defense  bonds  96 

petition  to  pay  unclaimed  deposits  into  state  treasury 11,  12 

see  also  Guaranty  savings  banks. 
Savings  banks. 
Trust  companies. 

Barber  shops  inspections  by  health  officers   262,  263 

state  board    263 

Barbers'  board,  appropriation  269,  272 

inspections    262,  263 

Bartlett  and  No.  Conway  lighting  precinct  bonds 514 

Bass,  black,  taking  from  Sunapee  lake 169 

Bedding,  sale  of,  labeling  for  second  hand  materials  241,  242 

powers  of  state  board  of  health 241,  242 

Beer,  see  Alcoholic  beverages. 

Belknap  county,  appropriations  for  Laconia  Airport  Authority  ....  489 

commissioners,  members  of  Authority  486,  487 

Bent,  Fred,  in  favor  of  447,  448 

Benzol,  exception  in  regulation  of  explosives  57,  212 

Bergeron,  Fred,  in  favor  of   452 

Bids,  competitive,  county  purchases   156,  157 

Bird  life  exhibit,  state  house  275 

Birds,  wild,  jacking  prohibited  21 

Blanket  insurance  policies   158-162 

Blind,  aid  to,  publication  of  names  prohibited 155,  156 

needy,  appropriation   362,  387 

Blood  test,  hairdressers    288 

Boats,  see  Navigation,  supervision. 

Bob  house,  search  by  fish  and  game  officers 183 

Bonds,  town,  city,  county,  emergency,  see  Emergency. 

trustees  of  trust  funds  40,  41 

Boscawen-Penacook  water  district,  meetings  legalized  503 

Bounties,  appropriation     350,  376 

provisions  for  187 

Boxing,  see  Athletic  commission. 
Breach  of  promise  to  marry,  see  Marry. 

Brentwood,  election  legalized  ^'' 

Bridges,  see  Hampton  Harbor  toll  bridge. 

Tolls. 
Briefs,  supreme  court,  sec  Supreme  court. 

Bristol,  appropraition  for  transportation  facilities  ratified  510 

Brook  trout 37,  63-65,  85,  86,  91,  103-106 

bag  limit  ^^'^ 

fly  fishing,  seven  inch  255,  256 

six  inch  255 


538                                      Index  [1941 

Brook  trout,  general  provisions  255 

limits  on  taking 256 

ten  inch  256 

Budget,  capital,  see  Capital  improvements. 

municipal,  see  Municipal  budget  law. 

Building  and  loan  associations,  applications  for  mortgage  loans   . .  17 

borrow^ers  as  members   17 

investment  share  certificates   17,  18 

limitation  on  loans  17 

voting  rights  of  members 17 

Buildings  and  grounds,  state,  appropriation 348,  349,  374 

Buoys  for  navigation,  injuring 239 

Bus,  motor  vehicle,  defined     162 

lights    for    162-164 

see  also  Motor  carriers  act. 

Alotor  vehicles  carrying  passengers  for  hire. 

Calef  lake,  Auburn,  named  282 

Cancer  commission,  appropriation     362,  388 

deficiency  appropriation  266 

Candia  refunding  bonds   476,  477 

Capital  improvements   274-277 

Carroll  county,  fur  bearing  animals,  taking   186 

refunding  bonds    505,  506 

terms  of  superior  court   213 

Cemeteries,  abandoned  and  deserted,  town  care 192 

Certified  public  accountants,  see  Accountants. 

Chauffeur,   defined 122 

Checklists,  erasure  of  names  of  deceased  persons 65 

Cheshire  county,  appropriation  for  hospitals  510 

Chiaradia,  Olga,  in  favor  of  446,  450 

Children,  dependent,  appropriation    362,  387 

publication  of  names  prohibited  155,  156 

support  of  under  decree  of  divorce  or  nullity 91 

see  also  Crippled  children. 

Chiropody,  board  of,  appropriation  270,  274 

Chiropractic  examiners,  board,  appropriation   365,  391 

Chretien,  Alfred  J.,  salary  as  justice  450,  451 

City  charters,  application  of  provisions   230,  231 

clerk,  see  Town  clerk. 

housing  for  low  income  groups,  see  Housing. 

issuance  of  licenses  to  carry  pistol ;  fees 261,  262 

officials,  barred  from  buying  from  themselves  92 

prohibited  employment  230,  231 

see  also  Public  officials. 

purchases  by  state  purchasing  agent  205,  206 

sewerage  systems,  ordinances ;  penalty   330 

see  also  Municipal. 

Municipality. 

Civil  action,  collection  of  unemployment  contributions  144,  146,  147 

Civilian  conservation  corps,  appropriation   362,  387 


1941]                                     Index  539 

Clams,  buying  and  selling   397,  398 

fees  for  licenses  398 

legal   size     397,  398 

licenses     398 

nonresident  may  not  take  398 

penalties     398 

revocation  of  licenses   398 

search  and  seizure   398,  399 

Claremont  armory,  appropriation  for  repairs   275 

Clubs,  fraternal,  requirement  for  liquor  license  165 

Codification  of  laws,  see  Revised  Laws. 

Colby  Junior  College,  property  holding   483,  484 

Cold  storage  warehouse,  reports  from  licensees 8 

Collateral,  pledge  of,  by  banks   96 

Commercial  feeding  stuffs,  labeling   6,  7 

Commitment,  Laconia  State  school  180,  181 

state  hospital,  wlio  may  make 3 

Committees  and  commissions,  interim,  criminal  laws   453 

election  laws 220,  221 

motor  vehicle  financing  ....  457 

retirement  systems   246,  247 

state  convention  building  .  .  448 

Compact,  Atlantic  States  Marine  Fisheries  198-205 

Comptroller,  expenses  justice  superior  court  209,  210 

member  commission  of  retirement  study  246,  247 

policemen  retirement  board  248 

Comptroller's  department  appropriation  345,  346,  371 

Concord,  hearings  for  fish  and  game  department  61 

sewer  rents,  establishment     257 

lien  on  real  estate  257,  258 

notice  to  owners  257 

penalty  for  violations   258 

rules  and  regulations  258 

Congregational-Christian  Conference,  N.  H.,  merger  of  funds  ....  508,  509 
Connecticut  River  Power  Company,  see  St.  Regis  Paper. 

Conservation  officers,  power  of  search   183,  398,  399 

see  also  Fish  and  game. 

Conspiracy  under  sabotage  prevention  act 54 

Constable,  service  of  process  for  unemployment  compensation  col- 
lections      146-148 

Constitutional  convention,  appropriation   455,  456 

Convention  building,  see  State  convention  building. 

Cooperative    marketing    association    motor   vehicles,    exemption    as 

carriers  for  hire  399,  400 

Coos  county  brook  trout   64,  91 

fiscal  agent,  appointment     28 

bond    28 

powers  and  duties  28,  29 

reports  to  county  delegation 29 

residential   qualifications    28 


540                                         Index  [1941 

Coos  county  fiscal  agent,  salary    28 

vote  by  county  for   future  extension  of 

act    29,  30 

meeting  of  delegation  legalized  477 

Corporations,  charters  of  certain,  repealed  515-523 

public  utilities,  pipe  lines   307-310 

see  also  Cooperative  marketing  associations. 
Emerson,  W.  A.,  Sons. 
Fraternal  organizations. 
Granite  State  Fire. 
Insurance  companies. 
Ministerial  Library. 
New  Hampshire  Fire. 
People's  Savings  Bank. 

Cosmetics,  federal  regulations  adopted  by  state  board 88,  89 

Costs,  briefs  in  supreme  court  11 

Council  of  defense,  advisory  committees    43 

appropriation    44 

composition     42 

county  committees    43 

executive  committee    42 

officers     42 

powers  and  duties   43-45 

secretary    42 

state  governments  appropriation   341,  366 

County  audit,  at  least  once  in  two  years ;  division  of  expense 337,  338 

commissioners,  authority  to  commit  to  state  hospital 3 

time  for  filing  biennial  statements 2,  3 

conventions,  meetings  during  legislative  session 197 

powers  of  investigation  73,  74 

special  meetings ;  compensation  197,  198 

see  also  Coos  county. 

emergency  bonds  with  state  guarantee  5,  6 

officers,  election  of   246 

investigation    73 

prohibited  buying  from  themselves   92 

status  of  present  officials  246 

term  to  begin  January  first 246 

see  also  Public  officials. 

purchases,  competitive  bidding    156 

waiver    156,  157 

Rockingham  commissioners,  salary   281,  282 

taxes,  abatement  of  interest  397 

Court,  municipal,  see  Municipal  court, 
superior,  see  Superior  court, 
supreme,  see  Supreme  court. 

Crabs,  licenses  for  taking   1" 

penalties     20 

search  and  seizure  of  equipment  19,  20 

taking  regulated   ^" 

who  may  take  ^" 

Criminal  laws,  committee  to  study  revision  453 


1941]                                     Index  541 

Criminal  procedure,  intrastate  fresh  pursuit  26,  27 

sec  also  Arrests. 

Crippled  children's  services,  appropriation  360,  386 

Cusk,  open  season   184 

Dams,  flood  control,  town  to  acquire    76 

payment  in  lieu  of  taxes   76,  77 

Death,  notice  filed  with  town  clerk 65 

see  also  Simultaneous  death  act. 

Deceased  persons,  claims  of  creditors  against  real  estate  67 

declarations  of,  as  evidence 192,  193 

erasure  of  names  from  checklist  65 

Deeds,  register  of,  see  Strafford  county. 

Deer,    taking    184,  185 

Deerfield  refunding  bonds  497 

Deering  lake,  flood  control  dam   189 

named    37 

Defense  bonds,  U.  S.,  banks  as  agents  for  sale 96 

highway,  designated   280,  281 

housing,  agent  of  federal  government 394 

bonds  as  legal  investments   394,  395 

cooperation  with  municipality  394 

declaration  of  necessity   392 

definitions    395,  396 

limitation  on  time  projects  initiated 396 

powers  of  housing  authorities  392-396 

removal  of  restrictions  395 

see  also  Housing, 
national,  see  Military  service, 
state  council  of,  see  Council  of  defense. 

Deficiency  appropriation  for  certain  departments 265,  266 

Dentistry,  practice  in  general  hospitals  224,  225 

state  board  appropriation   269,  272 

what  constitutes  practice   224,  225 

Derry  election  legalized   478 

municipal  court,  salary  of  justice 9,  10 

Disability  benefits,  continuation  of  commission  266,  267 

Distraint,  collection  of  unemployment  contributions   144,  146,  147 

Distribution  of  property,  probate  receipts  from  minors  293 

Divorce,  order  for  support  of  children 91 

Dogs,  kennel  licenses ;  fees  71,  72 

Dover  Children's  Home,  property  holding  484 

Dredging  channel  to  Big  Squam  lake  445 

Driveways,  parking  vehicles  in  front  of,  prohibited 70,  71 

Drugs,  prescription  defined   209 

sale  of  proprietary  in  other  than  pharmacies 336 

standards,  federal  88,  89 

state  board  inspections    88,  89 

D^'namite,  possession  and  sale  57-60 

see  also  Explosives. 


542                                      Index  [1941 

Eastern  States  Exposition  appropriation  344,  369 

Education,  state  board  of,  appropriation  358,  359,  384,  385 

Educational  facilities,  towns  may  accept  trust  funds  for 40,  41 

Eggs,  grading   154 

Election,  absentee  voting,  form  of  affidavit  1 

county  officers   246 

days,  sale  of  beverages  after  polls  are  closed 97,  98,  336,  ZZ7 

laws,  commission  for  study  220,  221 

polls,  closing    191,  192 

representatives     193-197 

senatorial  district  No.  18  306 

senators  and  representatives,  affidavit  of  qualifications  ...  65,  66 

town  auditors    7 

see  also  Checklists. 
Laconia. 

Nomination  papers. 
Voters. 

Elk,  drawing  for  licenses    166,  167 

fees     166 

limitation  on  number  166 

open  season  by  declaration   166 

refund  of  fees  167 

reports     167,  168 

special  license  required  166 

Elks,  lodges  of,  holding  of  trust  funds  265 

Elliot  Community  Hospital,  appropriation  from  Cheshire  county  .  .  510 

Hospital   (Manchester)  charter  amendment  485 

Emergency  appropriation  for  institutions 334 

bonds  with  state  guaranty 5,  6 

fund,  appropriation  342,  367 

national,  see  Military. 

Emerson,  George  Y.,  in  favor  of   444 

W.  A.,  Sons,  reinstatement  of  corporation  515 

Eminent  domain,  acquisition  of  air  rights  219,  220 

aeronautical    facilities    321,  322 

housing   authorities    419,  420 

pipe  lines  for  transportation  petroleum  308-310 

Employment  director,  member  appeal  board   172 

prohibited,  city  officials   230,  231 

Enfield  meeting  legalized  498 

Equity  petition  to  superior  court  for  right  to  deviate  from  terms 

of    trust    335 

Estate  taxes,  see  Taxation. 

Estates,  trustees  of,  see  Trustees  of. 

Ether,  exception  under  acts  regulating  explosives  57,  212 

Evidence,  admissibility    192,  193 

Execution,  exemption  from,  housing  authorities   425 

Executive  department,    appropriation    341,  342,  366,  367 

see  also  Governor  and  council. 

Exemption,  tax,  airport  property    169,  170 

American  Red  Cross  263,  264 


1941] 


Index  543 


89   90 
Exemption,  tax,  flood  control  projects   °^' 

housing  authority  propert}-   ;^  " 

,.^    ^.  ^00,  ^04 

institutions    

Laconia  Airport  Authority    7°° 

pohcemen  retirement  benefits   ■^^ 

poll  tax,  soldiers  oon    ?^n 

service,  property  in  more  than  one  town ^^y,  ^^J^ 

time  for  filing  application   229 

Explosives,  manufacture,  possession,  etc.,  appeals    

applications     -^^ 

C7     CO 
definitions    o/,  oo 

exceptions   *^^ 

fees  for  licenses   59 

notice  to  adjutant  general  58 

records  of  sales   58 

weights      and      measures 

commissioner     57-60 

212 
transportation,  application  of  laws  ^^^ 

blasting  caps    

daylight     2^3 

exceptions     

fire  precautions   

loading  and  unloading  

marking   vehicles    212 

parking    • „ 

regulations  by  commissioner  ^| 

stops  at  railroad  crossings  

terms  defined   

trailers,  use  prohibited   


212 
212 


Farm  live  stock,  labeling  commercial  foods ^^^ 

products,  nonresident  motor  vehicles  carrying 

Federal  food,  drug  and  cosmetic  act,  adoption  of  standards 

Feeble  minded  persons,  see  Laconia  State  school.  ^^^   ^^^ 

Fees,  airmen,  aircraft  and  landing  areas  ••••••  ^^^^  ^34'  334 

boats     • '  279,  280 

boxing  and  wrestling 39g 

clams,  taking,  buying,  selling  •  •  ^^ 

elk,   taking    * ' '  * '  207 

entry,  small  claims  court  5q 

explosives,  manufacture  and  sale  •  •  286-288 

hairdressing  licenses   ' '^  339 

hawkers  and  peddlers   ' '  *  86,  87 

insurance  agents    86,  87 

companies     4qj^ 

mills  sawing  lumber    ' '  ^q^^  4^0 

minerals,    prospecting    '  V  "  '1  '• 440 

motor  vehicles  carrying  passengers  for  hire  ^^    ^^ 

registration,    refund    '^^g 

special   plates    g- 

municipal  permit,  motor  vehicle  registration    


544                                         Index  [1941 

Fees,  pistol  or  revolver,  licenses  261,  262 

register  of  deeds,  Strafford  county  90,  91 

town  clerk,  recording   7,  8 

unemployment  compensation  collections  147 

Feiner,  Samuel,  in  favor  of  455 

Felony  defined  243 

Female  convicts,  see  State  prison. 

Fiduciary  power  of  trust  companies  and  national  banks,  property  in 

name  of  nominee   79 

Fiduciaries,  see  Trustees. 

Financial  responsibility,  motor  vehicle,  amount    of    proof    required 

for  accidents  312,  313 

constitutionality     316 

definitions     313-315 

exceptions     74,  75 

insurance,  approval  of  policy  315 
liability  policy,  required  pro- 
visions      315 

policy  form    315,  316 

proof  required  74 

statutory  policy  indorsement  312 
unauthorized  use  of  vehicle 

not  to  defeat  policy  ...  311 
vehicles  carrying  passengers 

for  hire  435,  436 

Fines  against  persons  arrested  by  state  police,  disposition 225,  226 

fish  and  game,  in  arrears  187 

obstructing  driveways,  disposition  38,  39 

Fire  fighting  equipment,  see  Forest  protection. 

lightning  rods    330,  331 

precautions,  transportation  explosives    211 

Firearms,  use  of  on  Sunday  20 

see  also  Pistol. 

Firecrackers  not  explosives  213 

Firemen  retirement,  additional  assessments  to  secure  fund 297 

age  limitation  295 

appropriation    365,  391 

call  men  benefits  300,  301 

computation  of  benefits  298-302 

definitions     294,  295 

disability   benefits    298-301 

exemptions     -^02 

fund     296 

individual  accounts   296 

limitation  on  claims   302 

probationary  period,  credit 298 

qualifications     295 

rate  of  assessments  296,  297 

retirement,  date  of   297,  298 

fund 296 


1941]  IN^^^  ^^^ 

,                                        301,  302 

Firemen  retirement,  status,  change  o^  •••;;•  •••• 299 

total  and  permanent  disability  ^^^ 

town  assessments  to  fund  ^^   ^^^ 

volunteer  men,  benefits    ^^^'  ^^^ 

Firemen's  Relief  Association,  appropriation   

Fiscal  agent,  see  Coos  county.                                                          ^  _   _  183 

Fish  and  game,  angling  defined  .*.'.*  .'365,  366,  391,  392 

appropriation    '  ^^ 

biennial  hearings  for  changes  •  ^^^ 

black  bass   '"  igS 

bob-house,   search    Ig7 

bounties    

brook  trout,  see  Brook  trout. 

clams,  see  Clams.  ^  ^go    ^qq 

conservation  officers,  powers   19.  20,  183,  39«,^3yy 

crabs    Ig4 

cusk ''  ig4^  185 

deer,  taking    ; 203 

director,  member  fisheries  commission   

power  to  regulate  open  seasons \^.\t& 

elk,  open  season    ^gj 

fines  in  arrears    Ig3    ig4 

fish  defined    '  jgg 

fur-bearing  animals    183-188 

general  amendments  to  laws   

grouse,  spruce,  see  Grouse.  ^^ 

jacking  prohibited   ^^    ^g^  lg7 

licenses    '     jg   20 

lobsters     'lg5 

nets    Ig5^  187 

night  fishing   

partridge,  see  Partridge.  ^ 

penalties    Ig5    jg^ 

pheasants,  open  season  ^75 

rearing  station,  Sumner  brook 

Whitefield  hatchery    '^'^ 

1  ..•  . .  61,  62 

rules  and  regulations   ^^^    ^^^    ^^^ 

search  and  seizure   ^'^   78   278 

smelt,  salt  water   '      '  ^g^ 

trapping    '  1Q4 

waters  closed   198-205 

Fisheries  compact    "  "^ Igg 

Flood  control  dams    • '  " ' ' ''' ''''  89   90 

projects,  reimbursement  to  towns  for  tax  loss »v,  v^ 

taxation  of  land  held  for  '  ^^ 

town  appropriations    ••••••;••;•••••, gg   S9 

Food  and  dr^igs,  regulations  of  state  board  of  health «  .^^^ 

Foodstuffs,  raise  in  price,  appropriation  to  cover  ^^^    ^^^ 

Forest  advisory  boards,  appointment 

declaration  of  policy  ^^^   ^^^ 

duties    '  ^-e 

terms  of  office  

fire  equipment,  see  Sawmills. 


546                                         Index  [1941 

Forest  fire   wardens    451 

see  also  Forestry  and  recreation. 

Hill  cemetery  boundaries   491 

lands,  public,  reimbursement  for  tax  loss  429 

see  also  Minerals. 

protection,  appropriation  continued    459 

purchase  of  fire  equipment  400,  402,  403 

reservation,  Pittsburg,  gift  to  state  306,  307 

White  Mountain  National,  see  White  Mountain. 

Forestry  and  recreation,  advisory  boards  174 

apportionment  of  fire  expenses  400 

appropriations,  department    346,  347,  371,  372 

fire  equipment   402,  403 

fire    equipment,    purchase    and    resale    to 

towns    400 

lumber  sawing  mills,  equipment    401 

fees  401 

slash  401,  402 

suspension  of  opera- 
tions      402 

tax  payment  401 

maintenance  of  reservation  306 

Mt.  Sunapee  tramway,  plans  290 

prospecting  for  minerals  409,  410 

state  forester,  regulations  402,  409,  410 

Forestry,  town  property  used  for  77 

Weeks  memorial  gift   82-84 

Forfeiture  of  security  for  failure  to  make  payments  to  milk  vendors  24 

Franklin,  Harry,  in  favor  of   447 

Fraternal  organization  or  lodges  deemed  corporation  for  what  pur- 
poses      265 

see  also  Clubs. 

Fremont,  election  legalized   478.  479 

Fresh  pursuit,  enemies,  saboteurs,  etc 48 

intrastate,  uniform  act,  arrest    26 

court  hearing    26,  27 

limitation    27 

term  defined    27 

Funeral  directors,  appropriation  270,  274 

Furniture,  upholstered,  labeling  required    241,  242 

use  of  second  hand  material 241,  242 

G.  A.  R.,  appropriation   345,  371 

Gallagher,  Ralph  T.,  in  favor  of  453,  454 

Gasoline  tax,  see  Motor  vehicle  road  toll. 

Petroleum. 
General  Court,  see  Legislature. 

Gethsemane  Evangelical  Lutheran  Church,  Manchester,  name  given  502 

Gilford  selectmen,  members  Laconia  Airport  Authority 486 

Gilmanton  election  legalized   478 

Governor  and  Council,  acceptance  of  gift    from    St.    Regis    Paper 

Co 306 

Weeks  memorial  82-84 


1941]  Index 


547 


Governor  and  Council,  acting  oificials,  apponitmcnt   403,  404 

aeronautics  commission,  appointment   Jiy,  J-i^u 

air  rights,  acquisition    219,  220 

boxing  and  wrestling,  fees  ^'^^  ^ 

capital  improvements,  expenditure  27o 

election  laws  commission   220 

emergency  appropriation  for  institutions  . .  334 

female  convicts,  approval  of  contracts 179 

fisheries  commission,  appointment   203 

compact,  to  execute  198 

fix  sale  price  of  Revised  Laws  303,  304 

Hampton  sea  wall  ^ 

Mt.  Sunapee  tramway,  plans   290 

policemen  retirement  board,  appointment  . .  248,  249 

retirement  systems  study,  appointment  246,  247 

revolving  fund,  stamp  plan 1° 

Rye  Harbor  improvements  240 

state  council  of  defense,  appointment 42 

transfer  title  to  Long  Island  82 

see  also  Executive  department. 

Governor  chairman,  state  council  of  defense    

guard,  to  organize   4^6    4S7 

Grade  crossings,  Dalton,  appropriation   -t^^' 

Grafton  county,  transfer  of  funds  from  Livermore u^    ^m 

Granite  State  Dairymen's  Asso.,  appropriation VA    -m 

Deaf  Alute  Mission,  appropriation  en?'  ^07 

Fire  Insurance  Co.,  powers 4S2 

Great  Bay,  study  of  development  

ponds,  prospecting  for  minerals  ^ 

Gregg  lake,  name  changed  to  Deering  lake ^/ 

Group  accident  or  health  insurance '^^^ 

Grouse,  spruce,  no  open  season  

Guaranty  savings  banks,  interest  rates  on  general  deposits iO 

see  also  Banks. 

Guardians,  legal  investments  • 

see  also  Insane. 
Gunpowder,  see  Explosives. 

447 

Hadley,  Oliver,  in  favor  of  ^35 

Fairdressing,  apprentices   

practice  on  paying  customers   ^^^ 

temporary  permits    286,  287 

blood  test  requirement  2 

ffi"^^'°"' [[[[:[',['.'.'.'.'.'.'.::.[['. 286-288 

16^5       9QR 

health  standards  

instructors,    license    

manicurist,  defined     .••••; • 

licenses  and  registration   283,  Z84,  Z»0 

operators'  licenses  discontinued  283 

qualifications  for  licenses   284*  285 

schools    


548                                      Index  [1941 

Hairdressing,  shops,  defined    283 

registration     287 

students,  compensation  286 

practice  on  customers  286 

registration    286 

temporary  permits  286,  287 

Hampton  Harbor  toll  bridge,  appropriation    94 

bond  issue   94,  95 

tolls   95,  241 

sea  wall,  bond  issue   93,  94 

construction  authorized    92 

tolls  on  Hampton  bridge  extended  95 

Harbor-master,  Rye   505 

Haverhill  meetings  legalized  500 

refunding  bonds  500 

Hawkers  and  peddlers,  application  of  law  339 

badges  340 

citizenship  requirement    339 

existing  licenses   341 

licenses,  applications  for  local  339 

exhibiting  on  demand  340 

fees  for  local  339 

records  kept  339,  340 

requirement    339 

revocation   340 

separate  for  each  town  339 

penalties   340 

persons  exempt    339 

secretary  of  state,  assistance  and  expense  in 

administration     340,  341 

state  wide  licenses  339,  340 

Health,  local  ofificers,  inspection  barber  shops  262,  263 

state  board,  appropriation  360,  361,  385,  386 

destruction  of  records   214 

inspection  barber  shops   262,  263 

marking  for  sale  proprietary  medicines  336 

regulation  for  second  hand  materials  in  bed- 
ding, etc 241,  242 

rules  for  food  and  drug  standards  88,  89 

sanitary   inspectors    164,  165 

secretary,  salary    223 

see  also  Sewerage  system. 

Highway,  closed  for  prevention  sabotage  55,  56 

commissioner,  appeal  board,  minimum  wage   172 

closing  highways,  sabotage   55,  56 

grade  crossing  elimination  456,  457 

state  aid,  class  V  highways,  powers 38 

stop  sign  approval   27,  28 

to  approve  person  to  expend  state  aid  on 

town  highways   18 

defense,  changes  in  routes    281 

designated   280,  281 


1941]                                     Index  549 

Higliway  defense,  federal  aid    281 

layout  contingent  on  federal  grant  280 

department  appropriation   269,  270,  273 

Marston  Hill  road,  Andover  81 

obstructing  by  turning  water  upon   38,  39 

Raymond  road,  Nottingham   277 

Sawyer,  named   304,  305 

secondary  or  Orange  system,  town  contribution  3,  4,  38 

see  also  Secondary  system. 

six- year  budget,  appropriation   407,  408 

snow  obstruction    70 

state  aid  expenditure  of  joint  fund   18 

class  V  roads 408 

town,  state  aid  for  3,  4,  18,  38 

traffic  devices  and  signals   27,  28 

regulations,  posting  39 

Warren- Woodstock,  maintenance    304,  305 

Hospital  aid,  provision  in  insurance  policies 162 

practice  of  dentistry   224,  225 

state,  see  State  hospital. 

Hotels,  vehicles  exempt  from  carrier  act  431 

Housing,  defense,  see  Defense  housing. 

low  income,  bonds    421-424 

commissioners,  appointment,  qualifications    .  414-416 

cooperation  between  authorities 419,  420 

creation  of  authority   413,  414 

declaration  of  necessity 410,  411 

definitions    411-413 

eminent  domain  proceedings 419,  420 

exemption  of  property  from  execution 425 

federal  assistance    425,  426 

law  applies  only  to  cities 411 

loans  from  city   428 

local  option  413,  414 

municipality,  powers  of  cooperation  426,  427 

operation  not  for  profit  418 

powers  of  authority  416-418 

remedies  conf erable  by  authority  423-425 

removal  of  commissioners    416 

rentals  418,  419 

reports    426 

resolutions  by  city  take  effect  immediately  .  .  425 

severability  section    428 

short  title  410 

tax  exemption   426-428 

tenant  selections    418,  419 

zoning   420,  421 

Hunting,  areas  temporarily  closed  by  director 62 

use  of  firearms  on  Sunday  20 

lights  prohibited   21 

Hygiene,  laboratory,  appropriation  360,  386 


550                                         Index  [1941 

Incompatibility  of  certain  town  offices  206 

Industrial  school,  appropriation     351,  352,  376,  Zll 

emergency  appropriation    334 

Inheritance  taxes,  see  Taxation,  legacies. 

Injunction,  airport  zoning  act  219 

Insane,  guardian,  testimony  of  192,  193 

see  also  State  hospital. 

Insignia,  state  guard,  protection  of  46 

Insurance  agents,  temporary  licenses   80,  81 

appropriation    347,  372 

commissioner,  annual  report   153 

deputy,  salary  331,  332 

disposal  of  reports  and  records 9 

motor  vehicle  financing,  to  study  457 

retirement  systems,  member  committee  . . .  246,  247 

statistics  to  keep  on  file 153 

companies,  annual  fees   86,  87 

domestic,  information  to  furnish 153 

purposes  for  which  may  insure 4,  5 

tax  provisions   repealed    87 

fire,  stock  legal  investment  72 

group  policies,  approval  by  commissioner 161 

provisions     158-162 

liability,  motor  vehicles  carrying  passengers  for  hire  . . .  435,  436 

life  contracts,  legal  investments  for  guardians  79,  80 

motor  vehicle  liabilit}-,  amount     312,  313 

constitutionality     316 

form  of  policy    315,  316 

insurance  commissioner    approval  315 
no    defeat   because    of    unauthor- 
ized use  of  vehicle 311 

required  provisions    310-312 

statutory  policy  indorsement  ....  312 
see  also  Financial  responsibility. 

mutual  fire  or  casualty,  non-assessable  policies  176-178 

policies,  legal  investments  for  guardians  79,  80 

see  also  Lightning  rods. 

Insurrectionist,  fresh  pursuit    48 

Interstate  cooperation,  one  member  of  fisheries  commission 203 

Investments,  legal,  see  Legal  investments. 

Jackson,  fishing  in  certain  streams   103,  104 

Jefferson  meetings  legalized   514 

Jurors,  alternate   152 

Jury  duty,  members  of  state  guard,  exempt 50 

Kane,  Patrick,  estate,  in  favor  of  455 

Keene  teachers  college,  appropriation  359,  384 

Kennel  licenses  for  keeping  dogs  71,  72 

Kidder,  Millard,  in  favor  of  446 

Knights  of  Columbus,  trust  funds  for  265 

Knights  of  Pythias,  trust  funds  for  265 


1941]                                     Index  551 

Labor,  bureau  of,  appropriation  347,  348,  373 

collective  bargaining  and  unions   56 

commissioner,  minimum  wages  for  public  works  employees.  170-173 
see  also  Unemploj'ment  compensation. 
Workmen's  compensation. 

Laconia  Airport  Authority,  appointive  agency   486,  487 

audits    489 

declaration  of  purpose   487 

establishment  of  airport   487 

financial  aid  from  county  and  towns  . .  489 

membership     486 

officers     487 

penalties    489 

powers     487,  488 

revenue   488 

separability  section    488 

tax   exemption    488 

biennial   elections    479-481 

city  clerk  480,  481 

councilmen    480 

education,  board  of   481 

mayor     480 

sewer  rents,  establishment   257 

lien  on  real  estate 257,  258 

notice  to  owners  257 

penalties    258 

rules   and   regulations    258 

State  School,  appropriation    275,  334,  352,  353,  377,  378 

commitment     180,  181 

Lancaster,  hearings  for  changes  in  open  season  for  taking  fish  ....  61 

Landing  areas,  aeronautical,  fees    326,  327 

use  of   322,  323 

see  also  Laconia  Airport  Authority. 
Airport  zoning. 

Laws,  distribution  of  to  libraries  out  of  state IS 

see  also  Public  Laws. 
Revised  Laws. 
Session  Laws. 

Lebanon  Center  Precinct  Fire  Department,  established 524 

separation  of  fire  precinct  from  water  works 523-526 

Water  Works,  powers  523-526 

Legacies,  taxation  of,  see  Taxation,  legacies. 

Legacy  receipts  from  minors  not  under  legal  guardianship 293 

Legal  investments,  defense   housing   bonds    394^  395 

guardians    79,  80 

savings  banks   21,  22,  72,  157 

town  trust  funds  14 

trustees  of  estates  102,  103 

Legislature,  apportionment  of   representatives    193-197 

constitutional  convention   455 

meetings  of  coimty  delegations  197,  198 


552                                         Index  [1941 

Legislature,  members,  affidavit  as  to  qualifications   65,  66 

exempt  from  payment  of  toll  97 

president  and  speaker  on  council  of  defense 42 

Liability  insurance,  see  Insurance. 

Library,  public,  commission,  appropriation  364,  389 

Liens,  cost  of  removal  of  obstructions  before  driveways  70,  71 

none  against  housing  authority  real  estate 425 

sewer  rents  in  certain  cities  257,  258 

warehousemen    112-116 

Lightning  rods,  sale,  guaranty  for  reimbursement 331 

powers  of  insurance  commissioner  330,  331 

requirements  for  license  330,  331 

Lights,  motor  vehicle,  see  Motor  vehicles. 

use  in  hunting  prohibited 21 

Limitation  of  actions,  real  estate,  deceased  persons  67 

Liquor  commission,  appropriation   268,  271 

hearings,  production  of  papers  405 

publication  of  rules  404,  405 

testimonial  privilege    405 

witnesses   405 

investigations    404,  405 

warehouse,  appropriation   275 

see  also  Alcoholic  beverages. 

Livermore,  funds  transferred  to  Grafton  county 444 

Lobsters,  powers  of  conservation  officers  as  to  search 19,  20 

who  may  take  19 

Lodges,  see  Fraternal  organizations. 

Logging,  snow  on  highways   39,  70 

Long  Island,  Moultonborough,  title  transferred  to  town  for  public 

park    82 

Lord's  Day,  see  Sunday. 

Lucas  pond,  Northwood,  motor  boats  prohibited 124,  125 

Lumbering  operations,  see  Saw  mills. 

Lyme  meeting  legalized    511 

refunding  bonds    511 

Mack,  Earl,  payment  of  expenses  for  injury  to 455 

Mailing  department,  appropriation    349,  374 

Alanchester  municipal  court,  salary  of  justice 450,  451 

trade  school,  advisory  board   526 

established   526,  527 

mayor  on  board  526,  527 

teachers    527 

ward  14  created    306,  495-497 

officers   497 

IManicurist,  licenses  and  registration 283-288 

Marine  fisheries,  see  Atlantic  States  Marine  Fisheries. 

Marriage,  nullity  or  divorce,  orders  for  support  of  children 91 

Marrv,  breach  of  contract  to,  not  actionable  223,  224 

Mascoma  Savings  Bank,  limitation  of  accounts  removed  490,  491 

Masonic  Home,  officers    485,  486 

Masons,  lodges,  trust  funds  265 

Mayor,  appointment  of  housing  authority  commissioners   414 


1941]                                     Index  553 

339 
Mayor,  peddlers'  licenses   

Meat  inspection,  federal  regulations,  adoption  by  state  board 88,  89 

Medical  aid  group  insurance  ^^ 

Medicine,  board  of  registration,  appropriation    270,  274 

salary  of  secretary 223 

see  also  Drugs. 
Methodist  Church,  N.   H.   Conference   Preachers'   Aid   Society  of, 

name  given    ^^^ 

Trustees  of   the  N.  H.  Annual   Conference  of 

the,  name  given    501 

Milan  meeting  legalized  ^^'■ 

school  district  meeting  legalized    499 

new  school,  bonds 498,  499 

Mileage  expenditures  by  state  officials  22,  23 

Military  emergency  acts,  explosives,  dealing  in  57-60,  213 

sabotage,  prevention    52-57 

state  council  of  defense  42-45 

guard    45-52 

organizations,  appropriation  345,  371 

service  for  national  defense,  acting  state  officials   403,  404 

motor  vehicle  registration  ...  66,  67 

poll  tax  exemption   188 

reinstatement     of     state     em- 
ployees      12 

unemployment  benefits   132 

see  also  Defense. 

Milk  control  board  appropriation    357,  383 

definition  of  term  distributor    5 

purchase  for  resale,  bond  for  payment  for  purchases  24 

exceptions   '^ 

forfeiture  of  security   24 

jurisdiction  of  municipal  court   25 

license    23-25 

penalties     25 

proceedings  for  recovery  for  breach   ...  25 

security  furnished  24 

service  of  process 25 

suspension  of  license  25 

Mills,  see  Savi^mills. 

Minerals,  prospecting,  fees    409 

lands  closed  to  409 

license  from  state  forester  409 

navigable  waters   409 

penalties    409 

required  annual  expenditure  on  claim 410 

royalty  to  state    410 

unimproved  forest  lands   409 

Minimum  wages,  public  works,  appeal  board   172 

penalties   172,  173 

records  of  employees  172 

regulations  of   170 


554                                         Index  [1941 

Minimum  wages,  public  works,  schedule  as  part  of  contract 171,  172 

Ministerial  library,  Peterborough,  disposition   of    funds    512,  513 

dissolution  of  corporation   512,  513 

Minors  not  under  legal  guardianship,  legacy  receipts 293 

see  also  Children. 

Misdemeanor,  defined    243 

Moose,  lodges,  trust  funds,  holding  265 

Mortgaged  goods,  negotiation  of  warehouse  receipts 120 

Motor  accidents,  see  Financial  responsibility. 

boats,  Lucas  pond 124,  125 

regulations,  see  Navigation,  supervision. 

bus,   defined    162 

carrier  act,  applications  for  permits  435 

common  carrier  certificates 432 

complaints,  investigation   436,  437 

contract  carrier  permits 433,  434 

declaration  of  policy  430 

definitions     430,  431 

discontinuance  of  service 435 

exemptions  431,  432 

fees    440 

investigations  and  orders 439,  440 

liability  insurance  requirements    435,  436 

passengers  carried  for  hire   430-438 

penalties    439,  441,  442 

public  service  commission  duties 439 

rates  and  charges    436 

records  and  reports 438 

revenue,  disposition  442 

rules  and  regulations   439,  442 

schedules,   filing    437,  438 

severability  section    442 

suspension  and  revocation  435 

temporary   certificates    441 

terms  and  conditions  433 

vehicles  to  be  registered   440 

vehicles,  carrying  passengers  for  hire,  exemption,    coopera- 
tives      399,  400 

railroad  crossings  .  .  75,  76 
see  also  Motor  carrier  act. 

chauffeur  defined   122 

clearance  lamps    163 

commercial,  carrying  passengers  prohibited  259,  260 

exceptions  260 

commissioner,  approval  of  lights    162-164 

regulations    for   transporting  explo- 
sives       212 

suspension       registration,       military 

service     66,  67 

department   appropriation    269,  272,  273 

financing,  committee  to  study 457 

fines,   disposition  of   certain,   to   towns    225,  226 

lien,  removal  of  obstruction  70,  71 

lights     162-164 


1941]                                     Index  555 

Motor  vehicles,  number  plates    ^  ^ 

special  for  40  and  8  ^^^ 

operation  by  unlicensed  person   123,  124 

operator,   nonresident    

pleasure,  nonresident,  without  registration 122,  123 

reflectors    1^2,  163 

registration  fees,   disposition    251 

persons  in  military  service   66,  67 

road  toll,  disposal  of  unrefunded  ^^^ 

fuels  used  in  aircraft  and  boats  332,  333 

records  of  sales  332,  333 

refunds    "^-^2,  3^o 

service  of  process   228,  229 

tail  lamps  1^2,  163 

transportation  of  explosives 210-213 

weight     258,259 

see  also  Agricultural  vehicles. 
Moultonborough  park,  see  Long  Island. 

Mount  Washington  Observatory,  appropriation 443 

Mt.  Sunapee  tramway,  appropriation     290 

bond  issue   290,  291 

declaration  of  purpose   289 

disposition  of  revenue   291,  292 

governor  and  council  to  determine  initiation 

of   project    290 

powers  of  tramway  commission  289,  290 

public  lands,  control  of   290 

survey  for   ■^^ 

tolls,  collection  of  291,  292 

Municipal  accounting  division  appropriation  364,  390 

audits,  counties     '^^° 

expense    33o 

petition    for    337,  338 

tax  commission  powers  338 

town   auditors    ' 

budget  law,  committee  to  submit,  without  approval,  items 

for  town  vote   278,  279 

court,  intrastate  fresh  pursuit,  hearing  26,  27 

justices,  disposition  of  certain  fines  to  towns  ....  225,  226 

salaries  of  justices    9,  10 

summons  to  appear  before  244,  245 

violations  of  law  as  to  purchase  of  milk  for  resale  25 

finances,  temporary  provisions  for  refunding   227 

permits  for  motor  vehicle  registration,  exceptions  84,  85 

see  also  Minimum  wages,  public  works. 
Small  claims  court. 

Municipality,  acquisition  of  property  for  airports  169,  170 

air  facilities,  acceptance  of  federal  aid  322 

conveyance  of  property  from  state  ....  322 

joint  ownership   322 

operation  of    322,  323 

use  of    322,  323 


556                                         Index  [1941 

Municipality,  assessments  for  firemen  retirement  system   297 

police  retirement  system   251 

buildings  placed  at  disposal  of  state  guard 47 

forest  fires,  equipment,  purchase  from  state  400 

expenses  of  fighting,  apportionment  with 

state    400 

wardens,  training  meetings   451 

issuance  of  emergency  bonds   5,  6 

reimbursement  for  tax  loss  for  flood  control  projects  89,  90 

stop  signs,   regulations    27,  28 

see  also  City;  Town. 
Mutual  insurance  companies,  see  Insurance. 

Names  changed,  Deering  Reservoir  to  Deering  lake  37 

Lebanon  Center  Village  Fire  Precinct  to  Lebanon 

Water  Works    523 

N.  H.  Conference  Preachers'  Aid  Society  of  the 
M.  E.  Church  to  N.  H.  Conference  Preachers' 

Aid  Society  of  the  Methodist  Church 502 

probate  court    461-472 

superior  court  472-475 

Swedish  Evangelical  Lutheran  Gethsemane  Church 
of     Manchester    to    Gethsemane    Evangelical 

Lutheran  Church,  Manchester,  N.  H 502 

Trustees  of  the  N.  H.  Conference  of  the  Metho- 
dist Episcopal  Church  to  Trustees  of  the 
N.   H.   Annual    Conference  of   the   Methodist 

Church 501 

given,  Calef  lake.  Auburn  282 

Roberts  Park,  The  George  D 16 

Sawyer  highway   304,  305 

Nashua  municipal  election,  ballots  counting    494 

form     492,  493 

election  and  appointment  of  officers  by 

aldermen   495 

National  banks,  see  Fiduciary, 
defense,  see  Military. 

guard,  appropriation    343,  368 

Navigable  waters,  prospecting  for  minerals  409 

penalty  for  obstructing  239 

Navigation,  boats  prohibited  on  Lucas  pond,  Northwood 124,  125 

fees,  disposition  of   234,  333 

fuels  used  in,  distribution  of  unrefunded  333 

records  kept   332,  333 

refund     332,  333 

harbor-master,  Rye  Harbor   505 

supervision,  agent's   liability    237,  238 

application  for  registration  of  boats 233 

captain's  certificate   234,  236 

change  in  rates  by  commission 235 

classification  of  boats 232,  233 

commercial  boats    234-236 


1941]                                     Index  557 

Navigation,  supervision,  dealers  registration  and  plates  238 

declaration  of  policy  231,  232 

definitions     232,  233 

disposition  of  revenue   234 

expiration  of  licenses  236 

fees,  boats    233,  234 

commercial  boats   233,  234 

dealers    234 

operators   234 

injuring  buoys,  penalty   239 

mufifling  devices   239 

number  plates  237 

obstructions  ;  prohibitions  239 

orders   for  boats  carrying  passengers   for 

hire    234,  235 

penalties    236,  237 

powers  and  duties  of  public  service  com- 
mission       233-240 

racing  boats    239,  240 

rates,  charges  and  schedules 235 

registration  of  boats  and  outboard  motors  233 

regulations  for  equipment  and  operation.  .  236 

reports  and  records    235,  236 

suspension  of   registration    236,  239 

temporary  registration,  private  boats 238,  239 

transfer  of  registration  237 

use  of  dealers  plates 238 

Neal,  Guy  S.,  and  others,  in  favor  of  442,  443,  459,  460 

Nets  for  taking  fish  186 

New  Hampshire  aeronautics  commission,  see  Aeronautics. 

Historical  Society,  appropriation    345,  371 

Horticultural  Society,  appropriation   343,  369 

Fire  Insurance  Company,  charter  amendment  ....  507,  508 

Sheep  Breeders'  Asso.,  appropriation  343,  369 

Veterans'  Asso.,  appropriation 346,  371 

Night  fishing,  waters  closed  to  186,  187 

Nomination  papers,  affidavit  by  signers  226 

certification  by  supervisors   226,  227 

individual  petitions  226 

Non-assessable  policies  by  mutual  fire  and  casualty  insurance  com- 
panies      176-178 

Nonresidents,  carrying  pistol  or  revolver,  fee   for  license    262 

license  from  state  police  261,  262 

may  not  take  clams   398 

motor  vehicles  carrying  farm  products   267 

operation  of  pleasure  vehicles  without  registration  .  .  122,  123 

service  of  process  on  employers  147,  148 

Notice,  meetings  county  conventions   197,  198 

peddlers  law  violations    340 

public  service  commission,  change  railroad  service  221,  222 

suits  against  motor  vehicle  operators  228,  229 


558                                         Index  [1941 

Notice,  when  unclaimed  bank  deposits  paid  into  state  treasury 11 

see  also  Small  claims. 

Nottingham-Raymond  road,  improvement  and  maintenance   277 

Nullity  of  marriage,  orders  for  support  of  children  91 

Number  plates,  boats,  see  Navigation. 

motor  vehicle,  sec  Motor  vehicles. 

Obstructions  on  highways,  access  from  driveways   70,  71 

removal  of,  by  officials  70,  71 

snow   70 

water    38,  39 

Odd  Fellows,  lodges,  holding  trust  funds  265 

Office  hours,  state  employees   69 

Officials,  public,  see  Public  Officials. 

see  also  State  officials. 

Old  age  assistance,  appropriation    362,  387 

recipients,  publication  of  names  prohibited  ....  155,  156 

settlement  not  affected  by  receipt  of  155 

Home  Week  Association,  appropriation   345,  371 

Optometry,  board  of,  appropriation   365,  391 

Orange  system  highways,  see  Highways,  secondary. 

Ossipee  refunding  bonds    492 

Outboard  motors,  see  Navigation. 

Pari  mutuel  pools,  see  Racing,  horse. 

Parking  areas,  public,  town  appropriation   84 

Partridge,  chukar,  no  open  season  for  taking 168 

lake,  Littleton,  temporary  open  season  for  brook  trout..  85,  86 
Passengers,  carrying  for  hire,  see  Motor  carrier  act. 
Peddlers,  see  Hawkers  and  peddlers. 

Penacook  Union  School  district,  official  ballot  for  elections  490 

People's  Savings  Bank,  charter  repealed  503,  504 

Personal  property,  taxation  86 

Petroleum,  pipe  lines  for,  eminent  domain  proceedings,  damages  . .  308,  309 

notice    ....  308,  309 

plan  filed. .  308 

public  utility    307 

taxation  as  real  estate  307,  308 

products,  not  included  in  definition  explosives  57,  212 

see  also  Motor  vehicle  road  toll. 

Pharmacy  commission,  appropriation   365,  391 

see  also  Drugs,  sale. 
Prescription. 

Pheasants,  open  season  for  taking  185,  186 

Pipe  lines  for  transportation  of  petroleum,  see  Petroleum. 

Pistol  or  revolver,  licenses  to  carry ;  fees  261,  262 

Pittsburg,  gift  of  land  from  St.  Regis  Paper  Company 305,  306 

taking  brook  trout  from  certain  waters 105,  106 

see  also  Roberts  Park. 

Pittsfield  school  district,  bond  issue  482 

Planning  and  development  commission,  appropriation     363,  388,  389 


1941]                                     Index  559 

I'lanning  and  development  commission,  Great  Bay,  study  of   452 

ski  traffic  regulations,  study  454 
research     on     wood     waste 

utilization     260,  261 

Plastics,  see  Wood  waste  utilization. 

Plymouth  teachers  college,  appropriation   359,  38^ 

Police,  arrests,  see  Arrests. 

city  chief,  issuance  of  pistol  licenses 261,  262 

head  of  department,  incompatibility  of  certain  offices 206 

obstructions  before  driveways,  removal  70,  71 

Policemen  retirement,  acceptance  of  act  249 

administration  of,  funds  251,  2^2 

assessments  on  salaries  and  towns  250,  251 

benefits  exempt  from  attachment  254 

compensation  for  death  or  disability 253,  254 

contribution  by  state 251 

declaration  of  policy  248 

effect  of  resignation  or  dismissal  254 

permanent  policeman  defined  248 

reinstatement  to  benefits   254 

report  of  state  treasurer  252 

retirement  board,  duties    249-252 

membership    248,  249 

limitations     254 

state  police    248,  251 

supplemental   assessments    ^^^ 

town  appropriations  for  assessments  251 

Political  committees,  appointment  of  challengers  of  voters 190,  191 

Poll  tax  exemption,  military  service 1°° 

Polls,  see  Election. 

Portsmouth  armory,  repairs    ^ 

registrars  of  voters,  sessions  499,  50U 

school  employees,  pensions   -^y^ 

sewer  rents,  establishment  25/ 

lien  on  real  estate 257 

notice  to  owners   ^^' 

penalty     ^^^ 

rules  and  regulations  258 

Postal  savings  stamps,  defense,  banks  as  agents  for  sale  96 

26 
Poultry,   taxation    

Prescription  defined  

Primaries,  see  Election. 

Prison,  state,  see  State  prison. 

Prisoners'  Aid  Association,   appropriation 346,  371 

female,  see  State  prison. 

Probate  court,  appropriation   342,  368 

Probation  department,   appropriation    357,  383 

state  board  of,  terms  of  office  87,  88 

vacancies     °7,  o8 

Process,  service  of,  see  Service  of  process. 

Property,  distribution  of,  simultaneous  death   68,  69 


560                                         Index  [1941 

Property,  personal,  taxation   26,  86 

probate  receipts,  minors    293 

real,  see  Real  estate. 

unlawful  entrance  upon,  posted     54,  55 

White  Mountain  Forest 13 

Proprietary  medicines,  sale  of    336 

Prospecting,  see  Minerals. 

Prudent  man  investment  act  102,  103 

Public  lands,  control  of,  tramway   290 

mining  on   409 

Public  Laws,  amended,  repealed,  etc. : 

chapter  5,  i'.  10,  distribution  of  laws  15 

9,  s.  11,  purchasing  agent 205,  206 

11,  s.  11,  commitment  to  state  hospital  3 

15,  s.  34,  state    bonds 93 

16,  s.    4,  attorney  general   13 

s.    6,  repealed    14 

19,  s.  11,  state  employees    22,  23 

J.  13,  office  hours    69 

22,  s.  19,  senatorial    districts    306 

24,  new  s.  12-a,  reports,  town  clerks  65 

25,  new  j.     6-a,  affidavits   65,  66 

s.  57,  primary   election    226 

s.  58,  certification    226,  227 

26,  s.  36,  polls  open    191,  192 

s.  61  III,  absentee  voting  1 

32,  s.     3,  representatives    193-194 

J.    4,  part  time 194-197 

2,3,  ss.  16,  17,  voters   189,  190 

.y.  19,  affidavit     190 

new  s.  19-a,  challenges  190,  191 

35,  s.     7,  county  conventions    72),  7A 

s.  11,  biennial   statements    2 

s.  15,  county  conventions    197 

new  s.  17-a,  meetings  197,  198 

36,  s.     1,  county  officers    246 

38,  new  s.  7-a,  county  purchases 156,  157 

s.  28,  county  commissioners  282 

39,  new  s.  10-a,  county  taxes  397 

40,  s.  14,  Strafford  county    90 

ss.  15,  16,  17,  repealed  90 

42,  s.    4,  III,  town  appropriations   84 

new  XXXI,  flood  control  76 

new  s.  17-a.,  town  appropriations   77 

s.  18,  town  trust  funds   40 

s.  22,  town  trust  funds   14 

new  .y.  22-a,  district  funds  40 

s.  27,  trustees'  bonds    40,  41 

s.  60,  V,  zoning  .            2 

new  s.  68-f,  tax  exemption  169,  170 

45,  s.    2,  warrants   191 


1941]                                     Index  561 

Public  Laws,  amended,  repealed,  etc. ; 

chapter  47,  s.  15,  application    259 

s.  26,  town  auditors   7 

s.  37,  town  officers   206 

54,  new  .y.  2-a,  city  officials  230,  231 

s.  12,  application    259 

s.  12,  Vll-a,  traffic  signals  27,  28 

55,  s.     2,  cemeteries     491 

new  s.  30-a,  deserted  cemeteries  192 

59,  municipal  bonds   227 

60,  s.     7,  taxation,  pipe  lines   307,  308 

s.  10,  flood  control   76 

s.  14,  VII,  poultry   26 

J.  22,  tax  exemptions   263,  264 

J.  25-a,  limitations  264 

s.  26,  service   exemptions    229,  230 

61,  s.     5,  personal  property  86 

68,  ss.  26,  27,  municipal  audits  337,  338 

ss.  28,  29,  repealed   337 

.y.  32,  expenses    338 

70,  ss.  17,  18,  19,  repealed  87 

72,  new  s.  64-a,  legacy  tax 208 

72- A,  j-.  12,  estate  tax  208 

84,  s.  18,  highways     4 

s.  26-a,  state  aid  18 

s.  26-c,  expenditure     18 

87,  s.    6,  state  aid  408 

91,  new  s.  1-a,  protection  highways   70 

s.     5,  regulations    259 

.y.     6,  posting   regulations    39 

92,  JT.  13,  encroachments     38,  39 

95,  new  ^.  4-a,  sewerage  systems  330 

^JT.  5,  5-a,  5-b,  6,  7,  sewers  258 

j^.  8,  9,  10,  appeals  257 

s.  11,  sewers   258 

99,  .y.     1,  III,  chauffeur  defined  122 

new  XXIX,  bus  162 

new  XXX,  definitions    212 

100,  s.  14,  municipal    fees    84,  85 

new  s.  23-a,  nonresidents 267 

s.  26,  motor  vehicles    122,  123 

s.  33,  motor  vehicles    228,  229 

101,  J.  10,  operation     123 

new  s.   12-a,  nonresident   123 

103,  s.     1,  number  plates    124 

s.     6,  tail  lamps   162,  163 

J.  6-a,  lamps    163 

J.  6-b,  reflectors     163,  164 

s.  8-c,  motor  vehicles  260 

J.  16-c,  motor   vehicles    211 

J.  22,  motor  vehicles    258,  259 


562                                         Index  [1941 

Public  Laws,  amended,  repealed,  etc. ; 

chapter  103,  s.  27,  repealed   164 

new  s.  35,  explosives  210-212 

new  j.y.  36,  27,  38,  trucks  259,  260 

104,  s.    2,  gasoline   tolls    332 

new  s.  3-a,  reports   332,  333 

s.     7,  fuels  for  other  uses   333 

new  s.  U-a,  exceptions   333 

112,  new  s.  8-a,  commitment  181 

117,  J".  40,  superintendents   360,  385 

120,  s.  16,  application  of  law   490 

124,  state  guard    46 

125,  new  .y.  8-a,  board  of  health  214 

s.  12,  salary     223 

136,  s.     1,  sanitary  inspectors  164,  165 

new  J".  5-a,  seizure 165 

138,  J".     5,  repealed    8 

s.  15,  repealed    8 

139,  s.  12,  inspections    88,  89 

140,  s.    2,  board  of  health   263 

148,  application  of   59 

149,  application    212 

s.    6,  pistols    261,  262 

150,  s.  10,  kennel   licenses    71,  72 

151,  navigation    231-240 

152,  s.  10,  repealed     240 

157,  .y.     3,  hawkers    338,  339 

.y.     4,  applications 339 

s.    6,  local   339 

s.     7,  fees    339 

s.  10,  record    339,  340 

.y.  12,  endorsement     340 

s.  14,  revocation    340 

^.  16,  aid    340,  341 

160,  .S-.     2,  lightning  rods   330,  331 

^.     3,  guaranty     331 

162,  s.  58,  bedding    241,  242 

s.  62,  labels   242 

164,  s.     1,  purchase  of  milk  23 

J.     2,  statement    24 

J.    4,  license   23,  24 

J.     5,  security   24 

J.     5-a,  repealed     25 

s.  10,  forfeiture    24 

^.  11,  trustee     24,  25 

.y.  12,  proceedings  for  recovery 25 

,y.  13,  service  of  process   25 

s.  14,  suspension  of  license  25 

.y.  15,  penalties    25 

178,  .y.  13,  workmen's  compensation   230 

,y.  22,  computation    230 


1941] 


Index  56: 


Public  Laws,  amended,  repealed,  etc. :  ^^^ 

chapter  178,  s.  29,  petition  to  court   ^^5 

179-A,  ^.  1-A,  base  period      

J.     1-H,  employer    

s.     l-I    (1)    inclusions    ^^    S 

^.     l-I   (4)  exclusions  ul 

s.     1-L,  most  recent  employer  

•^-     l-^I.  state   

s.     1-N,  total  and  partial  ^^^'  j^^ 

..     1-0,  accounts  •  3^ 

J.     1-P,  wages   '  ^3Q 

^.     1-Q,  week   ^^Q 

^.     1-R,  week  amount   

^.     2- A,  benefits     ' 

J.     2-B,  amounts    

J-.     2-C,  partial    unemployment    >-^^'  J"^ 

^.     2-D,  selective    service    

^.     3-D,   conditions    ^^^'  J^^ 

J.     4-A,  disqualifications    

^.     4-B,  disqualifications    ^^^'  ^^^ 

s.    4-D,  disqualifiations     

s.    4-E,  disqualifications    ^^4,  135 

s.     5-B,  determination    l^^'  J^^ 

J.     5-C,  appeal   

^.     5-F,  repealed    

J.     5-G,  5-H,  renumbered  l-^° 

s.     6-A,  contributions     1>^°'  J^^ 

^-    6-B,  rate   

^.     6-C,  separate  accounts   l\q    Un 

^.     6-D,  experience  rating ^^^'  J^^ 

^.     6-E  (1),  merit  rating   J4U 

^.     6-E  (4),  merit  rating   j^" 

^.     6-E  (6),  merit  rating   14U,  141 

i-.     8-E,  repealed   

^.    9-G,  records   

,  „   .     r      ,                                                             142,  143 

^.  10-A,  funds     ' 

s    10-B,   reimbursements    ^^•''  ^y; 

.  144- 

s.  11-B,  collection    J^ 

..  11-C,  distraint   ^^ 

^.  11-D,  priorities    145 

^.  11-E,  compromise    

^.  11-F,  refunds   J]^ 

..  11-G,    failure    145,146 

s.  11-H,  collections   146,  147 

^.  ll-I,  secretary  of  state  147,  148 

s.  11-J,  action  148 

s.  13-B,  penalties   j^° 

s    14-B,  penalties   14o 

J.  15,  reciprocity    ^'^^'  ^^ 

s.  16,  separability    J^" 

^.  17,  termination     ^^^'  ^^^ 


564                                      Index  [1941 

Public  Laws,  amended,  repealed,  etc. : 

chapter  179- A.  s.  18,  saving  clause  151 

s.  19,  federal  standards   151 

180,  .y.  23,  suspended   351,  376 

184,  .y.     1,  commercial  feeding  stuffs  6,  7 

191,  new  s.  9-a,  forest  fire  equipment 400 

s.  23,  expenses    400 

s.  29-a,  fire   402 

s.  40-a,  National  forest  13 

J.  55,  registration  of  mills   400,  401 

s.  56,  fees    401 

s.  59,  equipment  401 

s.  60,  slash  removal    401,  402 

new  s.  64-a,  regulations  402 

192,  new  s.  10-a,  mining    409 

new  s.  21-a,  tax  loss    429 

new  s.  21-b,  procedure     429 

new  s.  21-c,  payment    429 

196,  jr.  10,  fish  and  game  director 60 

new  .y.  10-a,  hearings    61 

new  s.  10-b,  rules  and  regulations   61,  62 

new  J".  10-c,  effective  date    62 

new  s.  10-d,  areas  closed  to  hunting  62 

new  ,f.  10-e,  severability    62 

new  J'.  10-f ,  penalties     62 

J.  11,  release  of  information   63 

s.  12,  violation  of  rules  63 

s.  18,  VI,  search   183 

197,  s.     1,  fish   183,  184 

new  s.  29-a,  suspension  of  operation  402 

s.  36,  bobcats    187 

198,  J.     1,  elk    166 

s.    2,  wild  deer   184,  185 

s.     5,  wild  animals    21 

s.  12,  deer    185 

new  s.  12-a,  coupons    185 

new  s.  13-a,  taking     166-168 

199,  ^.     2,  game  birds  185,  186 

s.    3,  closed  season  168 

200,  s.     1,  game    186 

s.     7,  trapping    186 

201,  ss.  1  to  9,  brook  trout  37,  63-65,  85,  91,  105,  255,  256 

s.  16,  Sunapee    lake    169 

.y.  30,  III,  closed  waters 104 

X,  closed  waters   104 

s.  31,  night  fishing    186,  187 

new  s.  31-a,  cusk    184 

ss.  41-53,  application     19 

s.  43,  lobsters   19 

new  s.  50,  prohibition  20 

s.  52,  search    19,  20 


1941]                                     Index  565 

Public  Laws,  amended,  repealed,  etc. : 

chapter  201,  j.  54,  salt  water  smelt   278 

s.  60,  taking  clams    397,  398 

203,  ^■.     1,  licenses    77,  78 

J.     5,  I,  licenses     78 

IV,  licenses    78 

J.  11,  fines    187 

205,  ^.  18,  dentistry    224,  225 

210,  J.     1,  new  XIII,  drugs    209 

s.  43,  II,  medicines   336 

223,  new  jj".  12,  13,  fraternal  organizations  265 

224,  cooperatives     399,  400 

236,  s.  4,  public  utility   307 

238,  new  j.  22-a,  railroad  service 221,  222 

239,  appeals    223 

244,  new  ^.  7-a,  pipe  line  companies 308-310 

258,  s.    4,  motor   buses    75,  76 

chapter   repealed    442 

260,  new  s.  26,  interest   rates    16 

new  s.  27,  banks,  as  agents   96 

261,  new  J.  41-a,  unclaimed  deposits    11 

J.  42,  disposition  of  deposits   11,  12 

262,  .y.     8,  legal  investments   157 

J.  12,  VIII,  IX,  X,  limitations  157 

new  XlV-a,  fire   insurance    stock    72 

XVII,  investments   21,  22 

264,  s.     6,  trust  companies    72,  73 

new  s.  17-a,  nominees  79 

265,  trust  companies    73 

266,  s.     7,  voting  rights   17 

new  s.     9-c,  building  and  loan    17 

new  .y.  9-d,  mortgage  loans    17 

J.  25,  investment  certificates 17,  18 

268,  unclaimed  bank  deposits    12 

270,  s.    8,  accountancy     98,  99 

271,  s.     7,  deputy  insurance  commissioner   331,  332 

s.  21,  annual  reports   153 

new  ^.  21-a,  reports  153 

.?.  22,  disposal  of  records   9 

272,  s.     1,  insurance  companies  176,  177,  506,  507 

s.     1,  I,  powers  of  companies  4,  5 

273,  s.    2,  non-assessable  policies   176-178 

J.  14-e,  agents    80,  81 

275,  new  s.     5-a,  foreign  companies  178 

s.  58,  fees    86,  87 

281,  ^.  22,  policies    158 

new  ^.  25-a,  group  insurance  158-162 

285,  s.  11,  town  clerk  fees   7,  8 

s.  14,  fees    8 

287,  ^.  15,  support  of  children  91 

290,  s.  22,  guardians    79,  80 


566 


Index 


[1941 


Public  Laws,  amended,  repealed,  etc. : 

chapter  302,  new  .y^'.  29,  30,  creditors  against  estates  67 

307,  s.  18-a,  probate   receipts    293 

309,  s.  17,  trustees  of  estates   102,  103 

new  s.  17-a,  sales  103 

315,  s.  28,  briefs  for  supreme  court 11 

316,  s.     5,  superior  court   209,  210 

317,  new  s.  3-a,  trustees  335 

318,  s.     1,  Carroll  county    213 

321,  new  s.  32,  alternate  jurors  152 

323,  .y.  32  I,  municipal  court  justices 9,  10 

329,  s.  11,  contract  to  marry   223,  224 

336,  s.  28,  evidence    192,  193 

364,  arrests     245 

378,  new  s.  10-a,  highways    70 

new  s.  10-b,  removal  of  obstructions   70,  71 

380,  J.  38,  repealed    240 

385,  J.    4,  repealed    20 

400,  s.     8,  new  IX,  state  prison  industries  10 

new  ss.  33-37,  care  female  convicts 179,  180 

Public  officials,  city,  county,  state,    barred    from    buying    property 

from  themselves   92 

see  also  City  officials. 
State  officials. 
Town  officials, 

service  commission,  aeronautical  facilities,  transfer  of  duties  328 

appropriation    364,  390 

railroad  service,  investigation 221,  222 

temporary  rates  for  public  utilities    . . .  222 

appeals     223 

establishment    .  222 

termination   . . .  222,  223 
see  also  Motor  carrier  act. 

Navigation,  supervision  of. 

taxes,  apportionment  for  assessment   30-37 

utility,  pipe  line  companies  for  transportation  petroleum  ...  307-310 
see  also  Public  service  commission. 

welfare,  confidential  character  of  records  155,  156 

department  appropriation    361,  362,  387,  388 

duties  of  board  155 

penalty  for  misuse  of  records  156 

stamp  plan  participation     182,  183 

revolving    fund    182 

sec  also  Settlement, 
works,  see  Minimum  wages. 

Publication,  public  assistance  records,  prohibited   155,  156 

Pumping  station,  city  sewerage  systems,  regulation 330 

Purchasing  agent,  appropriation  for  department   348,  373 

purchases  for  cities   205,  206 


1941]                                     Index  567 

Racing,  boat     239,  240 

commission,  appropriation    270,  273 

horse,  pari  niutucl  pools,  extension  of  act 227,  228 

Railroad  crossings,  operation  of  vehicles  carrj'ing  explosives 211 

public  service  commission  investigation  221,  222 

service,   discontinuance    221,  222 

stations,  curtailment  of  service   221,  222 

see  also  Grade  crossings. 
Raymond  road,  see  Nottingham. 

Real  estate,  deceased  persons,  limitation  of  claims  against  67 

housing  authority,  no  lien  against 425 

isolated  dwellings  acquired  by  town  77 

service  exemption  for  soldiers   229,  230 

trespass    13,  54,  55 

Recreational  lands,  closed  to  prospecting  and  mining 409 

purposes,  town  property  used  for  77 

see  also  Forestry  and  recreation. 

Reflectors,   motor  vehicle    162-164 

Regional  associations,  appropriation  363,  389 

Register  of  deeds,  see  Strafford  county,  register  of  deeds. 

Retirement  system,  commission  to  study   246,  247 

see  also  Firemen. 
Policemen. 

Revised  Laws,  appropriation     303 

distribution  by  secretary  of  state  303,  304 

number  issued    303 

powers  of  commissioners   302-304 

publication    303 

sales ;  limitation  303,  304 

Revolver,  see  Pistol  or  revolver. 

Rivers,  Manena,  in  favor  of  449 

Roberts  Park,  The  George  D.,  name  given 16 

Rockingham  county  commissioners  temporary  salary  increase 281,  282 

Rose  (Rozewski)  Clara  B.  C.,  estate  of,  in  favor  of 445 

Royalties  from  mining  claims  410 

Rye  Harbor,  appropriation   for  improvements    240 

expenditure  of  funds  240,  241 

harbor-master    505 

payment  of  bonds  241 

town  contribution  for  dredging  240,  241 

Sabotage  prevention  act,  closing  highways    55,  56 

penalties    53-56 

questioning  suspected  persons   55 

unlawful  entry  on  property  54,  55 

witnesses    54 

Saboteurs,  fresh  pursuit  48 

Salt  water  smelt,  see  Smelt. 

Sandown  refunding  bonds   482,  483 

Sanitary  inspectors,  employment  by  state  board  164,  165 

food  and  drug  inspection  88.  89 


568                                         Index  [1941 

Sanitary  inspectors,  seizure  and  embargo  of  articles 165 

Savings  banks,  guaranty,  see  Guaranty  savings  banks. 

legal  investments     ^^ 

bank  stock    21,  22 

fire  insurance  stock   72 

limitations     15/ 

senior  preference  stock  157 

town  trust  funds  may  be  invested  in  securities  legal 

for    14 

see  also  Banks. 

Saw  mills  and  portable  mills,  fees  for  registration 401 

fire  equipment   401 

prerequisite  of  tax  payment 401 

registration     400,  401 

removal  of  slash  401,  402 

suspension  of  operation 402 

Sawyer  Highway,  The,  named  304,  305 

School  busses  162,  431 

children  transportation    431 

district,  audits  by  tax  commission 337,  338 

lunch  program,  participation   182,  183 

towns  may  hold  trust  funds  for 40 

Search  and  seizure,  fish  and  game  conservation  officers 183 

sanitary  inspectors    165 

Second  hand  material  in  furniture  and  bedding 241,  242 

Secondary  highwaj'  system,  change  in  classification  in  Andover   . .  81 

Raymond  road  in  Nottingham  277 

see  also  Highways,  secondary. 

Secretary  of  state,  affidavit  as  to  qualifications  of  candidates  65,  66 

appropriation     348,  373,  374 

challengers  of  voters,  affidavit  forms 190 

deficiency  appropriation   266 

distribution  of  Revised  Laws 303,  304 

fees    for   copies   of   laws    sent   to   out   of   state 

libraries    15 

primary  ballots,  preparation  65,  66 

report  from  insurance  commissioner  153 

service  of  process  upon  25,  147,  148 

sec  also  Hawkers  and  peddlers. 

Selectmen,  authority  to  remove  obstructions  in  front  of  driveways  70,  71 

certificate  for  hawkers  and  peddlers  licenses 339 

closing  polls  at  elections   191,  192 

incompatibility  of  office  206 

licenses  to  residents  to  carry  revolver ;  fees  261,  262 

powers  as  to  closing  highways  for  prevention  sabotage  .  55,  56 

Senate,  state,  candidate  for,  affidavit  as  to  qualifications  65,  66 

Senatorial  district  No.  18,  boundaries   306 

Sentences,  state  prison,  female  convicts  179 

Service  of  process,  motor  vehicle  operators   228,  229 

purchase  of  milk  for  resale 25 

small  claims   206,  207 


1941]  Index  569 

Service  of  process,  unemployment  compensation   147,  148 

Session  Laws,  amended,  repealed,  etc. : 

1831,  chapter        9,  Alethodist  church    501 

1837,  chapter      29,  Colby  College  483 

1838,  Ministerial  Library    512 

1846,  chapter    455,  Methodist  church    501 

1854,  chapter  1620,  Colby    College    483 

1855,  chapter  1741,  Colby    College    483 

1865,  chapter  4178,  Methodist  church    501 

1867,  chapter      83,  Colby    College    483 

1869,  chapter      97,  s.     1,  N.  H.  Fire   507 

1870,  chapter      90,  repealed    508 

1873,  chapter     119,  repealed    503 

1874,  chapter     172,  .y.     1,  Granite  State  Fire    506 

J.     5,  repealed    507 

1875,  chapter      91,  Colby   College    483 

1877,  chapter     127,  Preachers  Aid    502 

1878,  chapter     134,  Colby   College    483 

1881,  chapter     178,  Elliot  Hospital  485 

1883,  chapter     194,  Masonic   Home    485 

1885,  chapter     155,  Methodist  church    501 

161,  J.     2,  Granite   State  Fire    506 

s.    6,  repealed     507 

1887,  chapter    223,  Lebanon     526 

1891,  chapter    236,  Colby  College  483 

1893,  chapter    241,  ^.  12,  Laconia     479 

.y.  13,  elections    479,  480 

s.  14,  mayor    480 

J.  15,  councilmen    480 

s.  17,  city  clerk   480,  481 

s.  20,  board  of  education    481 

1897,  chapter     151,  Masonic  Home 485 

1899,  chapter     152,  ^.     2,  Mascoma  Savings  Bank   490,  491 

1901,  chapter     194,  Masonic   Home    485 

200,  s.     3,  Laconia     480 

1903,  chapter     192,  Laconia    480 

206,  Colby  College  483 

213,  s.     3,  Laconia     480 

1905,  chapter     179,  Preachers  Aid   502 

1907,  chapter     191,  Lebanon   526 

247,  Lebanon    526 

1909,  chapter    214,  Masonic   Home    485 

234,  N.  H.  Fire 507 

241,  s.     5,  Portsmouth    499 

267,  s.     1,  Dover  Children's  Home  484 

309,  Elliot  Hospital   485 

1911,  chapter    291,^.    2,  Laconia     480 

1913,  chapter    415,  Congregational  Conference    508 

427,  Part  I,  s.  19,  Nashua    492-493 

s.  23,  ballots     494 

J.  39,  repealed    494 


570  Index  [1941 

Session  Laws,  amended,  repealed,  etc. : 

1913,  chapter    427,  Part  I,  s.  42,  officers  495 

1915,  chapter    259,  N.  H.  Fire   507 

262,  Granite  State  Fire  506 

274,  jr.     1,  Manchester    495,  496 

1917,  chapter    281,  N.  H.  Fire   507 

298,  Granite  State  Fire 506 

316,  Laconia  480 

1921,  chapter     228,  Granite  State  Fire   506 

271,  Laconia     480 

282,  Laconia     481 

1925,  chapter     125,  repealed    510 

280,  N.  H.  Fire   507 

1927,  chapter        9,  state  bonds    93 

12,  s.     1,  motor  vehicles    84 

57,  superior  court  209 

61,  kennel  licenses    71 

77,  motor  vehicles    258 

81,  state  aid   408 

89,  .f.     4,  savings  banks    157 

131,  expenditures    22,  23 

230,  ballots   490 

1929,  chapter        6,  boats    231 

33,  motor  vehicles    258 

45,  sanitary   inspectors    88 

61,  town  clerks   7,  8 

72,  commercial  feeding  stuffs  6,  7 

73,  s.     1,  motor  vehicles 228 

84,  boats    231 

90,  airports     169 

97,  state  bonds    93 

100,  town  trust  funds   14 

105,  state  aid   408 

111,  boats    231 

122,  s.  10,  savings  banks    157 

.y.  22,  savings  banks   72 

132,  s.     3,  athletic  commission   279 

s.  16,  fees    279,  280 

s.  21,  time  limit  280 

133,  forest  fires  400 

158,  J.     1,  terms  of  court   213 

159,  superior    court    209 

165,  insurance  department   331 

182,  public  service  commission  327,  328 

323,  Masonic  Home  485 

327,  Colby  College  483,  484 

1930,  chapter        4,  tax   exemption    263 

1931,  chapter        4,  purchase  of  milk  23 

8,  state  aid  408 

18,  county  conventions    2 

28,  s.     3,  distribution  of  laws IS 


1941] 


Index 


571 


1933,  chapter 


Session  Laws,  amended, 

1931,  chapter      29, 

36, 

60, 

71 

93 

102 

123 

135 

137, 

145 

147, 

148, 

212 

281 

296, 

297, 

302 

29 

30 

ZZ 

40, 

46 

47 

50, 

63 

64 

67 

71 

72, 

94 

98, 

99 


100, 
104, 
105, 
106 

108, 
120 
121, 
134 
154, 
157. 
159, 
165, 
166, 
173, 


repealed,  etc. : 

navigation    231 

repealed    329 

repealed    328 

guardians    79,  80 

boats    231 

hawkers    338 

s.    5,  sale  of  drugs   336 

powers  of  insurance  companies   4,  5,  506,  507 

insurance  department   331 

representatives    193 

boats    231 

exemptions     264 

J.     1,  Portsmoutli    504 

Laconia     480 

Granite  State  Fire    506 

N.  H.  Fire   507 

new  s.  6-a,  Bartlett 514 

motor  vehicles    84 

boats    231 

J.    2,  fees    86 

workmen's  compensation   230 

town  trust  funds   14 

municipal   court  justices    9,  10 

county  taxes   397 

s.     8,  emergency  bonds    5,  6 

new  s.  9-a,  tolls  exemption 97 

J.     5,  savings  banks   157 

boats    231 

boats    231 

motor  vehicle  plates   124 

sewers     258 

beer  permits    41 

s.  24,  prohibition    405,  406 

s.  26,  certificates    406 

repealed    329 

s.    2,  motor  vehicles    228 

J.    2,  lamps     162,  163 

s.    4,  carriers   for  hire   399,  400 

J.    8,  repealed    442 

repealed    240 

s.     3,  county  conventions    197 

,y.     1,  terms  of  court   213 

s.     1,  lamps     163 

municipal   courts    9,  10 

motor  vehicles    258 

s.     6,  tolls    95 

municipal   accounts    337 

^.     1,  county  officers    246 

J.     1,  wholesalers    406 


572                                         Index  [1941 

Session  Laws,  amended,  repealed,  etc. : 

1933,  chapter     311,  Colby    College    484 

315,  Portsmouth    499 

332,  new  s.  3,  Carroll  county  bonds 505,  506 

1934,  chapter        3,  expiration  date  of  permits  41 

s.  12,  beverages    97,  336,  337 

new  s.  22-a,  clubs    165 

new  s.  39-a,  hearings     404,  405 

new  s.  39-b,  testimonial  privilege 405 

1935,  chapter        9,  j.  4,  budget  act   278,  279 

13,  beverages    97,  336 

16,  s.    3,  state  aid   408 

17,  s.     3,  highways     4 

s.    9,  state  aid   18 

20,  relief    175 

27,  s.  14,  racing    227,  228 

39,  emergency  bonds   5,  6 

44,  s.     1,  reflectors    163,  164 

50,  tolls   95 

60,  s.     1,  eggs   154 

J.     6,  II,  repealed   154 

63,  state   hospital    3 

68,  beverages   97,  336 

73,  s.     8,  gasoline  tolls   333 

82,  s.     2,  building  and  loan  17,  18 

87,  municipal   courts    9,  10 

92,  Roberts  Park   16,  306 

114,  public    utility 307 

115,  J.    2,  boats    231 

s.    2-a,  boats    231 

s.    4,  repealed     328,  329 

117,  highway  regulations   39,  259 

s.     2,  traffic   signals    27,  28 

121,  ^.  12,  flood  control   189 

123,  s.     1,  fish  and  game  60,  183 

124,  s.     1,  fish  and  game  183,  187,  402 

^.    2,  game   21,  166,  184,  185 

.y.     3,  game  birds  168 

s.    4,  otter     186 

s.    7,  licenses    77,  78,  187 

woodlands    402 

133,  motor  vehicles    258 

152,  J'.     2,  wholesalers     406 

274,  Masonic   Home    485 

1937,  chapter         1,  emergency  bonds  5,  6 

8,  guardians    79,  80 

25,  highway  regulations   39 

37,  probate  receipts   293 

52,  .$■.     1,  game    186 

54,  pursuit  of  criminals   48 


1941]                                     Index  573 

Session  Laws,  amended,  repealed,  etc. : 

1937,  chapter      67,  .y.     1,  secondary  highways    277 

J.    4,  highways    3,  4,  38 

*          82,  motor  vehicles    258 

106,  s.     5,  building  and  loan  17,  18 

107,  s.     1,  milk  distributor    5 

ss.  14  to  33,  application  59 

112,  accountancy   98 

120,  boats    231 

128,  insurance   companies    4,  5,  506,  507 

134,  J.  11,  fees    225,226 

136,  s.     1,  deer    184 

143,  s.     1,  board  of  probation   87,  88 

156,  s.     1,  licenses    78 

161,  J.     1,  VI,  VII,  VIII,  definitions 313-315 

s.     3,  financial   responsibility    74 

J.     9,  limitations    74,  75 

s.  16,  policy  form   315,  316 

s.  17,  liability  insurance   310-312 

s.  19,  prohibition    312 

.y.  20,  amount  of  proof 312,  313 

162,  s.     2,  IV,  hairdressing  282,  283 

V,  repealed    283 

VI,  manicurist    283 

IX,  shop    283 

s.  11,  license    283 

s.  12,  I,  (a)   to  (d)    283,  284 

(e) ,  renumbered  284 

s.  13,  schools    284,  285 

s.  15,  students     285,  286 

s.  16,  practical   experience    286,  287 

s.  17,  shops   287 

s.  19,  fees    287,  288 

s.  21,  health  standards  288 

163,  J.  21,  barber  law  262,  263 

172,  s.    6,  state  house  annex   366,  392 

175,  exemptions     264 

178,  unemployment  compensation    125-151 

179,  athletic  commission    279,  280 

188,  fish  and  game   60,  77,  168,  186 

202,  ^.     3,  duties  of  board 155 

^.     6,  new  XIII,  public  welfare  182 

new  XIV,  stamp  plan   182 

J.     8,  settlement  155 

new  .y.  35-a,  public  records    155,  156 

new  .y.  35-b,  misuse  of  records ,  156 

new  .y.  35-c,  penalties  156 

new  J.  37-a,  stamp   plan    182,  183 

308,  N.  H.  Fire  Insurance  507 

1939,  chapter      15,  .y.     1,  racing   227 


574                                         Index  [1941 

Session  Laws,  amended,  repealed,  etc. : 

1939,  chapter       18,  municipal  court  justices  9,  10 

20,  town  appropriations    76 

24,  s.     1,  insurance    records    9 

38,  emergency  bonds   5,  6 

42,  county  taxes   397 

68,  motor  vehicle  plates  124 

69,  motor  vehicles   260 

72,  s.     7,  building  and  loan   17,  18 

s.  10,  guardians    79,  80 

s.  11,  town  trust  funds   14 

95,  s.     1,  deer    184 

107,  s.     1,  county  officers 246 

110,  national   forest    13 

121,  boats    231 

131,  motor  vehicles   258 

137,  s.     1,  highway  department   407 

J.     2,  expenditure    407,  408 

s.    7,  bonds     408 

138,  unemployment   compensation    125 

154,  .y.     1,  firemen  retirement   293,  294 

s.    2,  II,  definition  294 

s.    3,  retirement  board   294,  295 

s.    4,  association    295 

new  s.  4-a,  exception  295 

s.    5,  duties     295,  296 

s.    6,  accounts    296 

s.    7,  fund 296 

new  s.     7-a,  firemen  assessments    296,  297 

new  s.     7-h,  town  assessments    297 

s.  10,  retirement     297,  298 

new  s.  10-a,  limitation     298 

J.  11,  benefits    298,  299 

s.  12,  compensation     299,  300 

s.  13,  call  men   300,  301 

J.  14,  change  of  status  301,  302 

^.  15,  exception    302 

169,  fish    19,  20,  37,  63,  85,  104,  169,  255,  278,  397 

179,  s.    3,  entry   fee    207 

s.     4,  disposition    207 

s.     6,  notice     206,  207 

190,  s.    3,  nonresidents  122,  123 

191,  s.    2,  Long  Island  82 

.f.     3,  appropriation     82 

192,  brook  trout   63,  255 

193,  brook  trout    63 

194,  fish     20 

198,  state  police    225 

204,  .y.     1,  reimbursement  of  towns   89 

206,  disability  benefits  266 


1941]                                    Index  575 

Session  Laws,  amended,  repealed,  etc. : 

1939,  chapter    207,  s.     1,  toll  bridge   94 

s.    3,  repealed     94 

s.    4,  bond  issue   94,  95 

J.    8,  tolls    95 

new  s.  9-a,  deficiency  95,  96 

211,  municipal   accounts    337 

214,  commission  duties    303 

218,  s.     1,  Rye    Harbor    240 

s.     2,  expenditure    240,  241 

new  ^.  6-a,  tolls  241 

221,  J.     1,  state   projects    180,  274 

224,  repealed    327,  329 

225,  ss.  2,  3,  4,  5,  6,  repealed 277 

291,  corporations     515 

1941,  chapter        6,  Granite  State  Fire  Insurance  Co 506,  507 

38,  brook  trout   63,  255 

50,  fish     85,  91,  103,  104,  105,  106,  255 

83,  brook  trout    255 

86,  tolls    95 

90,  beverages    336,  337 

94,  s.     1,  brook  trout    255 

95,  brook  trout   255 

96,  brook  trout   255 

124,  state  projects    274 

145,  s.     1,  IV,  aeronautics  329 

160,  ^.     6,  public  service  commission   334 

Settlement,  old  age  assistance  recipient  155 

Sewer  rents  in  certain  cities,  basis  for  rates 257 

lien  on  real  estate  257,  258 

Sewerage  system,  city,  ordinances  governing 330 

Sheriflf  authority  to  remove  obstructions  in  front  of  driveways  ...  70,  71 

powers  of  arrest  242-245 

questioning  and  detaining  suspects    243 

service  of  process  on  secretary  of  state   25 

unemployment  compensation  suits   146-148 

Sight  conservation  appropriation   362,  387 

Simultaneous  death  act,  disposition  of  property  68 

insurance   policies    68 

interpretation     69 

joint  tenants   68,  69 

Ski  traffic,  planning  board  to  study  454 

Sky  pond.  New  Hampton,  taking  brook  trout  105 

Slash,  removal  of,  from  saw  mills 401 

Small  claims,  disposition  of  fees  207 

entry   fee    207 

service  of  process   206,  207 

Smelt,  salt  water,  license  required   77,  78 

open  season    278 

Smoking,  forbidden  at  lumbering  operations  402 


576                                       Index  [1941 

Smoking,  White  Mountain  Forest,  prohibition   13 

woodlands  closed  402 

Snow  obstructions  on  highways  39,  70 

on  highways  for  logging  or  farming  operations 39 

Soldiers  and  sailors,  burial,  appropriation   350,  376 

poll  tax  exemption  188 

service   exemption    229,  230 

see  also  Military. 

home,  appropriation  334,  354,  355,  380 

Squam  lake.  Big,  dredging  entrance  to  channel  445 

Stamp  plan,  federal,  state  participation  182,  183 

State  aid,  town  roads,  see  Highways. 

buildings,  see  Buildings  and  grounds. 

convention  building,  committee  to  investigate  448 

council  of  defense,  see  Council  of  defense. 

employees,  acting     403,  404 

office  hours  69 

reinstatement  after  federal  service  12 

retirement  system,  commission  to  study 246,  247 

forest  reservation,  Pittsburg,  named  Roberts  Park 16 

guard,  appropriation     51 

armories,  use  of   47 

authority  to  establish  45 

composition     45 

equipment  and  supplies  46,  47 

freedom  from  arrest  50 

jury  duty  exemption   50 

organization    46 

pay  and  allowances    46 

termination  of  service  50 

uniforms    46 

use  outside  state  47,  48 

library,  appropriation   349,  374 

liquor  commission,   appropriation    268,  271,  272 

see  also  Liquor  commission. 

hospital,  appropriation     334,  353,  354,  378-380 

new  construction  274,  275 

commitment    3 

feeble-minded,  transfer  to  Laconia  State  School  ....  180,  181 

house  annex  sinking  fund,  appropriation  366,  392 

repairs,  legislative  rooms   275 

officials,  acting    403,  404 

mileage  expenditures   22,  23 

reinstatement  after  military  service   12 

see  also  Public  officials. 

parking  area,  appropriation    275 

police,  appropriation    349,  374 

disposition  of  certain  fines  225,  226 

eligibility  to  retirement  benefits  248 

licenses  for  nonresidents  to  carry  concealed  weapons  .  .  261,  262 


1941]                                     Index  577 

State  prison,  appropriation    334,  355,  356,  381,  382 

female  convicts,  maintenance,  contracts    179 

cost  ISO 

sentences    179 

transfer  out  of  state  . .  179 

management  of  industries  10 

repairs,  appropriation   275 

trustees,  duties   10 

sanatorium,  appropriation    334,  356,  357,  382,  383 

repairs    275 

treasurer,  appropriation  for  department   349,  350,  375,  376 

disposition  of  unclaimed  bank  deposits 11,  12 

member  police  retirement  board   248 

reports  as  to  sale  of  gasoline 332 

special  funds  for  state  council  of  defense,  to  liold  .  .  44,  45 

Stevens,  Charles  E.,  in  favor  of  445,  446 

William  R.,  in  favor  of  449 

St.  Lawrence  Seaway  project,  resolution  opposing 458,  459 

Stobie,  Robert  H.,  estate,  in  favor  of 454 

Stop  signs,  approval  of  type,  size  and  operation  27,  28 

posting ;  return   39 

Storage  warehouse,  state   275 

Strafford  county  register  of  deeds,  compensation  90,  91 

St.   Regis   Paper   Company  and  Connecticut  River  Power,  gift  to 

state    305,  306 

Sullivan  bridge,  members  of  legislature  exempt  from  toll  97 

Summer  camps,  carrying  passengers  In  commercial  vehicles  259,  260 

Summons,  use  of  instead  of  arrest  244,  245 

Sumner  brook  property,  acquisition   275 

Sunapee  lake,  black  bass,  open  season  169 

brook  trout  105,  106 

tramway,  see  Mt.  Sunapee. 

Sunday  observance  20 

Superior  court,  appropriation     342,  367 

alternate  jurors  152,  153 

Carroll  county  terms   213 

concurrent  jurisdiction,  purchase  of  milk  for  resale  25 

decree  as  to  unclaimed  bank  deposits  11,  12 

eminent    domain    proceedings    for    petroleum    pipe 

lines   308-310 

justices,   expenditures    209,  210 

service  of  process  against  motor  vehicle  operators  228,  229 

trusts,  jurisdiction  over   335 

violation  of  hawkers  and  peddlers  law,  notice   re- 
quired       340 

workmen's  compensation,  determination  of  questions  173 

Supervisors  of  checklist,  certification  on  nomination  papers  226,  227 

erasure  of  names  of  certain  deceased  per- 
sons      65 

Supreme  court,  appropriation    342,  367 

cost  of  briefs  11 


578                                       Index  [1941 

Swedish  Evangelical  Church,  name  changed  to  Gethsemane  Evan- 
gelical Lutheran   Church    502 

Tax  commission  appropriation    364,  365,  390,  391 

approval  of  bonds  for  trustees  of  trust  funds  ....  40,  41 

deficiency  appropriation  266 

public  forest  land,  tax  loss  to  towns    429 

state  reimbursement    429 

reimbursement  for  municipal  audits  338 

county,  see  County  taxes, 
exemption,  see  Exemption,  tax. 
insurance  companies,  see  Insurance  companies, 
poll,  see  Poll  tax. 
town,  see  Town  taxes. 

Taxation,  legacies  and  successions,  compromise  as  to  domicile    . . .  208 

estate  taxes,  application  of  act  208,  209 

lumber  sawing  mills    401 

personal  property   86 

pipe  lines  for  transportation  petroleum  307,  308 

poultry  26 

property  held  for  flood  control   76,  77 

Taxes,  dams  for  flood  control,  payment  in  lieu  of  76,  77 

loss  of,  on  public  forest  lands,  reimbursement 429 

public,  apportionment   30-37 

water  works,  payment  in  lieu  of  76,  77 

Taxicabs,  exempt  from  motor  carrier  act 431 

Teachers  Colleges,  emergency  appropriation   334 

see  also  Keene. 

Plymouth. 

retirement  board,  appropriation  365,  391 

Testimonial  privileges  under  sabotage  prevention  act  54 

Tobacco  tax  division  appropriation  365,  391 

Tolls,  gasoline,  see  Motor  vehicle  road  toll. 

Hampton  Harbor  bridge   95 

Mt.  Sunapee  tramway  291,  292 

Sullivan  bridge   97 

Town  adoption  of  airport  zoning    214-220 

agents,  expenditure  of  state  aid  18 

airport  facilities,  see  Aeronautics. 

appropriations,  abandoned  cemeteries    192 

flood   control    76 

isolated  dwellings   77 

public  parking  areas   84 

assessment  for  police  retirement  251 

auditors,  election    7 

cemeteries    192 

clerk,  collection  municipal  permit  fees   84,  85 

fees    7,  8 

hawkers  and  peddlers  licenses,  to  issue 338-340 

notice  to  supervisors  of  deaths  65 

prescribing  time  polls  closed  for  primaries  191,  192 


429 
429 


1941]  Index  579 

190 
Town  clerk,  recording  challenges  of  voters    ■  •  •  •  • 

return  of  posting  of  highway  regulations,  filed  with  .  .  ^^ 

fees  for  licenses  to  carry  pistol  or  revolver 400'  401 

forest  fire  fighting  equipment     ^• 

expenses,    limitation    on    amount    to    be 

paid    

see  also  Forestry  and  recreation. 

licenses  to  hawkers  and  peddlers    ' 

health  officer,  inspection  barber  shops  '^^  ' 

highways,  see  Highways.  189-191 

meetings,  challenge  of  voters    ^^^ 

polls  closed  '     Q, 

warrant    

motor  vehicle  fees,  see  Municipal  permit  fees.  ^^^ 

officers,   incompatibility    

petition  to  county  convention   for  abatement  of  interest  on  ^^^ 

county  taxes   • 

selectmen,  sec  Selectmen.  ^^^    ^^^ 

taxes,  airports    '     ^^ 

flood  control  projects   

public  forest  lands,  application  for  reimbursement   .  . 
hearing  before  tax  commission.. 

pavment  from  state  

,  ....  76,  77 

water  works  ,q 

trust  funds,  educational  purposes   ^^ 

legal  investments   

trustees  of  trust  funds,  bond     •  ■  •  • ' 

custody  of  funds  for  schools  ^ 

see  also  Municipal. 

Municipality.  ^^2-164 

Tractor,  lights  and  reflectors ^7   28 

Traffic  regulations,  approval  of  devices '  ^^ 

posting    162-164 

Trailer,  motor  vehicle,  lights  and  reflectors  

Tramway,  aerial,  see  Aerial  tramway. 

Mt.  Sunapee.  ^10-213 

Transportation,  explosives     257 

farm  products,  nonresidents    307-310 

petroleum,  pipe  lines  ^^ 

Trapping,  visiting  traps   

Treasurer,  state,  see  State  treasurer.  ^^^ 

Treasury,  state,  reimbursement  of  SA    SS 

Trespass,  posted  premises    '  ' 

White  Mountain  National  Forest  

Trickling  Falls  Reservoir   

Trout,  brook,  see  Brook  trout. 

Trucks,  commercial,  carrying  passengers  prohibited ^5^.  ^^u 

exceptions    '^o'-' 

72   73 
Trust  companies,  reserves  required  


580                                         Index  [1941 

Trust  company  incorporation,  board  of,  power  to  change  reserves.  .  72,  7Z 
see  also  Banks. 

Fiduciary, 
funds,  town,  see  Town  trust  funds. 

Trustees,  fraternal  organizations,  powers  and  duties   265 

legal  investments   102,  103 

petition  to  superior  court  for  deviation  from  trust 335 

prudent  man  investments  103 

sale  of  property  authorized 335 

sales  by    103 

see  also  Fiduciary, 

state  prison,  contract  for  care  female  convicts  out  of  state  179 

Tuberculous  persons,  appropriation  for  care  362,  387 

Unemployment  compensation,  adjustments  and  refunds  145 

appeals    136 

base  period,  defined 125 

benefit  eligibility  conditions   132,  133 

collection  of  contributions   144-148 

disqualification  for  benefits   133-135 

effective  date  of  amendments  151 

employer     125 

employment,  exclusions     126-128 

inclusions     125,  126 

fund    142-144 

general  experience  rating   139,  140 

initial  determination    135,  136 

merit  ratings  140,  141 

most  recent  employer  128 

nonresident  employer,  service  of  pro- 
cess      147,  148 

payment  of  benefits     130,  131 

contributions     136,  137 

penalties    148 

rate  of  contributions  137,  138 

reciprocal   arrangements    149,  150 

records  and  reports  141 

selective  service    132 

separate   accounts    137-139 

termination  of  act  150,  151 

total  and  partial  unemployment    ....  128,  129 

amount  of  benefits  131,  132 

wages  defined   129,  130 

waiting   period    132,  133 

week  defined   130 

weekly  benefit  amount,  total  131,  132 

Unfair  sales  act,  definitions    ; 99-101 

exceptions     101,  102 

prohibitions     101 

superior  court  jurisdiction   102 


1941] 


Index 


581 


Uniform  acts,  intrastate   fresh  pursuit    26,  27 

simultaneous  death    G8,  69 

unfair  sales  99-102 

warehouse  receipts   106-122 

Uniforms,  state  guard,  penalty  for  using  unlawfully 46 

United  States,  acquisition  of  land  for  flood  control  projects  89,  90 

defense  bonds,  banks  and  other  institutions  may  act 

as  agent  for  sale  96 

food,  drug  and  cosmetics,  standards  may  be  adopted 

by  state  board   88,  89 

meat  inspection  standards   88,  89 

University  of  New  Hampshire,  appropriation     351,  376 

emergency  appropriation   334 

research   into   wood   waste   utiliza- 
tion      260,  261 

Utilities,  public,  temporary  rates  fixed  by  public  service  commission  222,  223 

Veterans,  see  Soldiers  and  sailors. 

Veterinary  surgeons,   appropriation    365,  391 

Village  districts,  audits  by  tax  commission  337,  338 

trust  funds,  acceptance  and  control   40,  41 

Vital  statistics,  fees  of  town  clerk  7,  8 

Voitures  of  La  Societe  Des  40  Hommes  et  8  Chevaux 329 

Voters,  challenge,  affidavits  recorded  190 

appointment  of  challenger 190,  191 

right  of    189,  190 

deceased,  erasure  of  names  65 

Voting,  absentee,  see  Absentee  voting. 

rights,  members  building  and  loan  associations  17 

Wages,   minimum,    public   works,   predetermination   by  labor   com- 
missioner      170-173 

Walpole  community  hospital,  appropriation  from  Cheshire  county.  .  510 

Warehouse  receipts,  alterations    109,  110 

application  of  act  122 

attachment  upon  goods    112 

cancellations    109 

creditors  remedies   112 

criminal  ofifenses    119,  120 

.  definitions     107,  121 

form    106,  107 

goods  kept  separate   112 

interpleader  of  adverse  claimants    110 

interpretation  of  act  121 

liability  for  misdelivery  108,  109 

lien    112-116 

lost  or  destroyed   110 

negotiation   of    116-119 

obligations  of  warehousemen    108 

transfer  of    116-118 

who  may  issue  106 


582                                         Index  [1941 

Warehouses,  cold  storage,  sec  Cold  storage  warehouses. 

Warren -Woodstock  road,  maintenance  by  state 304,  305 

Water  control  commission,  appropriation  358,  383,  384 

damage,   insurance    4,  5 

flood  control  dams   89,  90,  189 

pipes,  breakage  or  leakage,  companies  may  insure  against  . .  4,  5 

resources  board,  appropriation   358,  383,  384 

turned  upon  highway,  prohibited  38,  39 

Waters  stocked  with  fish,  information  as  to,  prohibited  63 

see  also  Great  ponds. 

Navigable  waters. 
Navigation,  supervision. 

Weare  Reservoir    189 

Weeks  memorial,  Lancaster,  acceptance  of  gift  82-84 

Weights  and  measures,  appropriation  350,  376 

see  also  Explosives. 
Welfare,  public,  see  Public  welfare. 

White  Mountain  National  Forest,  smoking  prohibited  13 

Whitefield   fish  hatchery    275 

Wills,  trusts  under  335 

Wilton  election  legalized   476 

Witnesses,  aeronautics  commission,  before 320,  321 

executor  or  administrator  192,  193 

guardian  insane  person   192,  193 

sabotage  hearings    54 

summons  before  liquor  commission  405 

Wood  waste  utilization  research,  appropriation    261 

patents 260,  261 

Woodlands  closed  on  account  of  fire  hazards 402 

see  also  Saw  Mills. 
Woodstock- Warren  road,  see  Warren. 

Words  defined,  aeronautics    '  317 

air  carrier     317 

commerce     317 

navigation  facility   317 

aircraft    317 

civil     318 

private    319 

airman    317 

airport    214,  317 

airport  hazard   214 

angling     183 

arrest    242 

bus    162 

certificate,  aeronautics  act   318 

motor  carrier  act 431 

vehicle  insurance  act  313 

chauflfeur     122 

civil  air  regulations   318 

construction,  public  works   173 

defense  housing,  area  of  operation    412 

housing  project  412 


1941]                                     Index  583 

Words  defined,  defense  housing,  persons  of  low  income  412,  413 

slum    412 

distributor,  milk  control  act   5 

explosives    57,  212 

felony     243 

fish    183,  184 

forest  land   174 

fresh  pursuit   27 

game  birds   184 

hairdressing    282,  283 

shop    283 

highway     52,  431 

housing  authorities  law   41 1-413 

landing  area  318,  319 

manicurist     283 

misdemeanor     243 

motor  carrier  act,  common  carrier  430,  431 

contract  carrier  431 

highway     431 

irregular  route  common  carrier.  431 

regular  route  common  carrier  . .  431 

permit    431 

vehicle  liability  bond    314,  315 

policy    313,  314 

navigable  air  space    318,  319 

navigation,  water,  common  carrier   232 

commercial    boat    232 

dealer  or  manufacturer   233 

private  boats    232,  233 

New    Hampshire    statutory   motor    vehicle    liability 

policy  endorsement  312 

peace  officer  243 

prescription     209 

public   utility    52,  307 

resident,  air  navigation  319 

sabotage  act  highway    52 

commissioner    52 

set  line,  fishing 184 

structure,   airport   zoning    215 

unemployment  compensation,  base  period   125 

contributions     146,  147 

employment    125-128 

most  recent  employer  128 

serving  officer   146,  147 

total   and   partial    un- 
employment      128,  129 

wages     129,  130 

week   130 

unfair  sales,  cost  to  retailer   99 

wholesaler     99^  100 


584  INDEX  [1941 

Words  defined,  unfair  sales,  sales  at  retail   100 

retailer    100 

wholesaler    101 

vessel    505 

warehouse  receipts  act,  action    121 

delivery     121 

fungible  goods    121 

goods     121 

holder    121 

in  good   faith    121 

negotiable  receipt 107 

non-negotiable   receipt    ....  107 

order    121 

owner    121 

purchase    121 

purchaser    121 

receipt     121 

value    121 

warehouseman     121 

warehouse   receipts    107 

wild   animals    184 

Workmen's  compensation,  remedial  care,   time  furnished    230 

superior  court  jurisdiction   173 

Wrestling,  see  Athletic  commission. 

Y.  D.  convention    449,  450 

Zoning,  airport,  see  Airport  zoning. 

board  of  adjustment,  action  by 2 

low  income  housing  authorities   420,  421