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

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 AC