LAWS
OF THE
STATE OF NEW HAMPSHIRE
PASSED JANUARY SESSION, 1943
LEGISLATURE CONVENED JANUARY 6
ADJOURNED MAY 20
CONCORD, N. H.
1943
Printed by
THE GRANITE STATE PRESS
Manchester, N. H.
Bound by
NEAL BINDERY
Dover, n. H.
STATE OFFICERS
Governor Robert O. Blood
Scott G. W. Simpson
John W. Perkins
Councilo7's <J Albert R. Martineau
Philip C. Heald
^ Harold G. Fairbanks
Adjutant General Gharles F. Bowen
Aeronautics Commission, Director . , W. Russell Hilliard
Agriculture, Commissioner of Andrew L. Felker
Bank Commissioner Clyde M. Davis
Comptroller Stephen B. Story
Acting Comptroller Arthur E. Bean
Orton B. Brown
Deborah Gale Bryer
Joseph W. Epply
Education, State Board of <| Robert T. Kingsbury
Ruth S. Kirk
James J. Powers
^ Noel T. Wellman
Commissioner of James N. Pringle
Fish and Game Department, Director Ralph G. Garpenter, 2nd
Forester, State John H. Foster
Health Officer, State Alfred L. Frechette
Acting State Health Officer Mary M. Atchison
Highway Commissioner Frederic E. Everett
Insurance Cammissioner Donald Knowlton
Labor Commissioner John S. B. Davie
Librarian, State Mildred Peterson McKay
r William A. Jackson
Liquor Commission <^ Leo L. Osborne
t Ray E. Tarbox
Motor Vehicles, Commissioner of . . .Virgil D. White
Planning and Development, State
Executive Director Thorsten Kalijarvi
Publicity Director Donald D. Tuttle
Police, State, Superintendent Ralph W. Caswell
iv State Officers
Probation, Board of, Director Richard T. Smith
Acting Director Francis C. Reagan
r William H. Barry
Public Service Commission J Edgar H. Hunter
[^ Claude H. Swain
Public Welfare, Commissioner of . . .Elmer V. Andrews
Purchasing Agent Harold Cheney
Secretary of State Enoch D. Fuller
Deputy Harry E, Jackson
Acting Deputy Mary M. Jenkins
r Louis C. Chesley
Tax Commission, State <^ John G. Marston
[ John R. Spring
Treasurer, State F. Gordon Kimball
Deputy Ann N. Durepo
Veterans' Council, State
Field Officer George S. Forbush
Weights and Measures,
Commissioner of William H. Marcotte, Jr,
SUPREME COURT
Chief Justice Thomas L. Marble
Oliver W. Branch
Associate Justices J S^'''''-'^\,?"t''u^ .
j Francis W. Johnston
L Elwin L. Page
Attorney General Frank R. Kenison
Acting Attorney General Stephen M. Wheeler
Assistant Attorney General Ernest R. D'Amours
State Reporter Crawford D. Hening
Clerk of Supreme Court George 0. Shovan
SUPERIOR COURT
Chief Justice Oscar L. Young
f Amos N. Blandin, Jr.
Aloysius J. Connor
John R. Goodnow
Warren W. James
H. Thornton Lorimer
Associate Justices
THE LEGISLATURE OF 1943
SENATE
President — Ansel N. Sanborn, Wakefield, r.
Clerk — Benjamin F. Greer, Grasmere, r.
Assistant Clerk — Frank M. Ayer, Alton, r.
Seryeant-at-Arins — Raymond B. Lakeman, Laconia, r.
Messenger — J. Russell Bickford, Northwood, r.
Assistant Messenger — Thomas Fecteau, Epping, d.
Doorkeeper — Frank D. Gay, Hillsborough, r.
Telephone Messenger — Chester Jewell, Concord, r.
SENATORS
Emmet J. Kelley, Berlin, d.
George T. Noyes, Bethlehem, r.
George L. Frazer, Monroe, r. and d.
Ansel N. Sanborn, Wakefield, r.
Joseph B. Perley, Lebanon, r.
Lewis H. Wilkinson, Laconia, d.
Herbert D. Swift, New London, r.
John R. Kelly, Newport, r.
George W. Boynton, Hillsborough,
r. and d.
Russell F. Batchelor, Keene, r.
Charles B. Knight, Marlborough, r.
Blaylock Atherton, Nashua, r.
Aldege A. Noel, Nashua, d.
Clarence J. Avery, Goffstown, r.
Stewart Nelson, Concord, r.
Joel S. Daniels, Sr., Manchester, r.
John J. Frain, Manchester, d.
James B. McCarthy, Manchester, d.
Charles O. Lamy, Manchester, d.
Edmond J. Marcoux, Rochester,
d. and r.
J. Guy Smart, Durham, r.
William Barron, Salem, r.
Renfrew A. Thomson, Exeter, r.
Harry H. Foote, Portsmouth, r.
HOUSE OF REPRESENTATIVES
Speaker — Sherman Adams, Lincoln, r.
Clerk — Cyril J. Fretwell, Concord, r.
Assistant Clerk — Robert L. Stark, Goffstown, r.
8ergeant-at-Arms — Ralph F. Seavey, Concord, r.
Chaplain — Harold Bentley, Derry, 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 — Joseph J. Comi, Concord, r.
ROCKINGHAM COUNTY
Atkinson, Thomas C. Duffey, r.
Auburn, Harvey F. Stowe, r.
Brentwood, Burton L. Smith, r.
Candia, William E. Shaw, r. and d.
Chester, Edwin P. Jones, r.
Danville, Mahlon B. Darbe, r.
Deerfield, Carl M. Fogg, d.
Derry, Harry E. Clark, r.
Harold W. Corson, r. and d.
William B. Cushing, r.
Oliver H. Hepworth, r.
Robert Morrison, r. and d.
VI
The Legislature of 1943
Rockingham County — Continued
East Kingston, George B. Freeman,
r. and d.
Epping, D. Watson Ladd, d.
Exeter, Helen D. Bourn, r.
Paul A. Bretschneider, r.
Edward J. Campbell, r.
Frank R. Goodale, r.
Fremont, Moses H. Sanborn, r.
Greenland, Arthur J. Sewall, r.
Hanipstead, Doris M. Spollett, r. and d.
Hampton, Dean B. Merrill, r. and d.
Byron E. Redman, r. and d.
Hampton Falls, Forrest B. Creighton, r.
Kensington, John R. Malloy, d.
Kingston, Warren S. Keay, r.
Londonderry, Draper W. Parmenter, r.
New Castle, James W. Pridham,
d. and r.
Newfields, Eugene C. Patridge, r. and d.
Newington, Myles Standish Watson,
r. and d.
Newmarket, Arthur A. Labranche, d.
Albert Sewall, d.
Newton, William K. Davis, r.
North Haynpton, Paul W. Hobbs, r.
Northwood, Robert A. Johnson, r. and d.
Nottingham, Arthur W. McDaniel, r.
Plaistow, Wallace E. Card, r.
Portsmouth,
Ward l, Andrew J. Barrett, d.
Mary C. Dondero, d.
Patrick J. Kittredge, d.
Ward 2, Guy E. Corey, r.
Harry E. Furber, r.
Remick H. Laighton, r.
John H. Yeaton, r.
Ward 3, John Leary, Jr., d.
James T. Whitman, d.
Ward 4, Edward J. Hopley, r and d.
Fred Schlegel^, r. and d.
Ward 5, John Burkhardt, r.
Raymond, Lewis W. Holmes, r.
Rye, Ernest A. Tucker, r.
Salem, Walter F. Haigh, r.
Benning W. Noyes, r.
Leonard B. Peever, r.
Sundown, Henry E. Rand, r.
Seabrook, Ernest L. Crandall, r.
Stratham, W. Douglas Scamman, r.
Windham, Myron C. Wheeler, r. and d.
STRAFFORD COUNTY
Barrington, Harold E. Flower, r. and d.
Dover,
Ward l, Henry J. Croft, r.
Albert P. Sherry, r.
Hubert C. Stanley, d.
Ward 2, Albert Courchene, d.
James M. Jackson, d.
William N. Shaheen, d.
Ward 3, H. Howard Hartford, r.
Ray Kennard, r.
Ward 4, Edwin L. Corson, r.
George I. Leighton, r.
Ernest L. Lucas, r.
Ward 5, Edward L. Cassily, d.
Durham, Oren V. Henderson, r.
Farmington, Carl C. Blanchard, r. and d.
Ruby A. Chesley, r.
Frank E. Webster,
r. and d.
Lee, William H. Lee, r.
Madbury, Gilman H. Twombly, d.
Milton, George W. Longley, r.
New Durham, William Smith, r.
Rochester,
Ward 1, Ernest L. Rolfe, r.
Ward 2, Margaret E. Dustin, d.
Miles H. Dustin, d.
Ward 3, Rudolph G. Cartier, d.
Ward 4, Aurelle Beaudoin, d.
George J. Potvin, d.
Ward 5, Herbert D. Corson, r.
Joshua Studley, r.
Ward 6, Llewellyn F. Fernald, r.
Walter J. Seavey, r.
Rollinsford, Herbert F. Cole, d.
* Resigned.
The Legislature of 1943
Vll
Strafford County — Continued
Somersworth,
Ward 1, Oscar Lemay, d.
Ward 2, Napoleon A. Habel, d.
Ward 3, Fred J. Lauzon. d.
Ward 4, Albert J. Nadeau, d.
Romeo L. St. Laurent, d.
Ward 5, Fred J. Coffin, d.
Strafford, Ellsworth H. Berry, r.
BELKNAP COUNTY
Alton, Oe Varney, d.
Barnstead, Joseph H. Cotton, r.
Belmont, Samuel P. Philbrick, r. and d.
Gilford, Arthur H. Lord, r. and d.
Gihnanton, Richard F. Varney, r.
Laconia,
Ward l, David O'Shan, r.
George W. Tarlson, r. and d.
Ward 2, Alfred L. Quay, d. and r.
Fortunat A. Normandin,
d. and r.
Ward 3, Elmer S. Tilton, r. and d.
Ward 4, Joseph H. Rouchert, r.
Charles F. Stafford, r.
Ward 5, Malcolm E. Barney, r.
Forrest A. Bucklin, r.
Ward 6, John M. Ewing, r.
Charles O. Hopkins, r.
Meredith, Norman R. Martin, d.
J. Frank Neal, r.
New Hampton, Joseph W. Smith,
d. and r.
Sanbornton, Walter D. Woodman,
d. and r.
Tilton, Ned C. Rogers, d. and r.
CARROLL COUNTY
Bartlett, Fred J. Perkins, r. and d.
Conway, Mellen B. Benson, r.
Ralph L. Grindle, r.
Leslie C. Hill, r.
Effingham, Richard Dearborn, r.
Jackson, Arthur P. Gale, r. and d.
Moultonborough, Edith D. Banfield, r.
Ossipee, Harry P. Smart, r.
Sandivich, Perley C. Knox, r.
Tamworth, Frank P. Evans, d.
Wakefield, Alden N. Young, r.
Wolfeboro, Harold H. Hart, r.
George F. Thibodeau, r.
MERRIMACK COUNTY
Allenstown, Narcisse V. Guilbeault, d.
Andover, Victor E. Phelps, d.
Boscawen, Daniel P. Webster, d.
Bow, Asa H. Morgan, r. and d.
Bradford, Reuben S. Moore, r. and d.
Canterbury, Sterling A. Hirtle, r.
Chichester, Leon A. Sanborn, r.
Concord,
Ward l, Charles P. Coakley, d. and r.
James P. Ferrin, d.
Ward 2, Ralph W. Jones, r. and d.
Ward 3, Elmer M. Anderson, r.
Ward 4, William J. Dane, r.
Sara E. Otis, r.
Robert W. Potter, r.
Ward 5, George H. Nash, r.
Wells E. Tenney, r.
Ward 6, George H. Corbett, r.
Charles G. Roby, r.
Donald W. Saltmarsh, r.
Frank R. Strong, r.
John C. Tilton, r.
Ward 7, Leon W. Anderson, r.
Shirley Brunei, r.
John E. Bunten, r.
Marjorie M. Greene, r. and d.
Donald G. Matson, r. and d.
Ward 8, Everett S. Mahoney, r.
John H. Mayo, d.
Ward 9, John T. Harrison, r.
John Swenson, r.
t Died.
Vlll
The Legislature of 1943
Merrimack County — Continued
Danbury, Roy K. Sargent, r.
Dunbarton, C. Allen Fuller, Jr., r.
Epsom, Russell S. Yeaton, d. and r.
Franklin,
Ward 1, Malcolm W. Conant, r.
George G. Fowler, r.
Ward 2, Eusebe P. Lemire, d.
J. Charles Riel, d.
Ward 3, Alvah J. Davis, d.
Louis H. Douphinett, d.
Henniker, Lester E. Connor, r.
Hill, Ruth M. Rounds, r. and d.
Hooksett, Carl R. N. Johnson, r.
Charles E. Mulaire, d.
Hopkinton, Lewis A. Nelson, r.
Loudon, Archie L. Hill, d.
Newbury, Albert W. Cheney, r. and d.
New London, Stanley A. Spiller, r.
Northfield, Albert A. Carr, r.
Pembroke, George R. Lea, r. and d.
Leopold Martel, d.
Pittsfield, John H. Perkins, d.'
Richard J. Stilson, d.
Salisbury, Fred W. Holmes, r. and d.
Sutton, James M. Nelson, r. and d.'
Warner, John P. H. Chandler, Jr.,
r. and d.
Wihnot, Allan C. Lister, r.
HILLSBOROUGH COUNTY
Amherst, Ralph C. Bills, r.
Antrim, Herbert E. Wilson, r.
Bedford, Ralph M. Wiggin, r.
Bennington, George E. Edwards, r. Ward 3,
Brookline, Grover C. Farwell, d.
Deering, Stuart H. Michie, r.
Goffstown, Maurice E. Blaisdell, r.
Fred M. Cressy, r.
A. Kenneth Hambleton*, r. Ward 4,
R. Robert Matheson, r.
Greenfield, Hobart M. Adams, r. and d.
Greenville, Bernadette E. Charois,
d. and r. Ward 5,
Hancock, William Weston, r. and d.
Hillsborough, Bert L. Craine, r. and d.
Merrick S. Crosby,
r. and d.
Hollis, Edward Lievens, r.
Hudson, Roland W. Abbott, r.
Ezra Kenerson, r. and d. Ward
William Marsh, r. and d.
Lyndehorough, Erwin E. Cummings,
r. and d.
Manchester,
Ward 1, Frank J. Abbott, r.
Harry W. Bergholtz, r. Ward
Hugh Davey O'Dowd, r.
J. Walker Wiggin, r.
Ward 2, Robert E. Carter*, r.
Perley W. Gage, r.
Victor C. Johnson, r.
Charles V. Kimball, r.
Harmon L. Mclntire, r.
Timothy F. Dowd, d.
Michael J. Dwyer, d.
Timothy J. Shea*, d.
Walter P. Sullivan, d.
Joseph M. Barry, d.
Dominick J. Kean, d.
Denis F. Mahoney, d.
Thomas J. McGowan, d.
Patrick J. Sullivan, d.
Patrick J. Creighton, d.
Napoleon Dulac, d.
Joseph P. Healy, d.
Martin L. Mahoney, d.
John C. O'Brien, d.
George Panteli, d.
Charles J. Rogala, d.
6, Roger W. Bresnahan, d.
Edward J. Cavanaugh, d.
Edward D. Clancy, d.
John L. Dugan, d.
Patrick J. O'Connell, Jr.,*
John Edward Walsh*, d.
7, Joseph C. Gaumont, d.
Charles J. Leclerc, d.
Patrick J. Ryan, d.
Alonzo J. Tessier, d.
Gedeon A. Turcotte, d.
* Resigned.
The Legislature of 1943
IX
Hillsborough County — Continued
Manchester — Continued
Ward 8, Francis W. Collins, d.
George N. Constant, d.
John J. Kane, d.
Armand H. LeMarier, d.
Lionel C. Forest, r.
Ward 9, Clarence F. Adams, d.
John F. Driscoll, d.
Patrick J. Egan, d.
Ward 10, Marye L. Caron, d.
Oscar E. Getz, Sr., d.
Medora Gilmartin, d.
Paul J. Kendrigan, d.
Ward 11, Patrick J. Kenney, d.
Alex J. McDonnell, d.
John B. Mullen, d.
Joseph J. Roukey ', d.
Ward 12, Henri O. Huard, d.
Raoul J. Lalumiere, d.
Alpha J. Letendre, d.
Albert H. Prince, d.
Hector J. Rousseau, d.
Ward 13, Charles E. Daniel, d.
Theophile Gagnon, d.
Origene E. Lesmerises, d.
Arthur H. St. Germain, d.
Arthur Thibodeau, d.
Ward 14, J. Theodore Flodin, d.
William Ronan, d.
Michael P. Wedick, d.
Merrimack, Edward W. Carter, r. and d.
Milford, Charles S. Emerson, r.
George F. Jewett, r.
Fred T. Wadleigh, r.
Nashua,
Ward 1, Walter N. Davis, r.
Alice L. Ramsdell, r.
George W. Underbill, r.
Charles I. Woodbury, r.
Ward 2, Antoine Albert Guertin, r.
J. Leonard Sweeney, d.
Clara M. Record, r.
Ward 3, Emile Carrier, d.
Wilbur D. Maynard, d.
Hector Trombly, d.
Ward 4, Arthur J. Garrity, d.
Timothy J. Sullivan, d.
Ward 5, Arthur Bilodeau, d.
Emile E. Marquis, d.
Albert Maynard, d.
Ward 6, Noel C. Landry, d.
Louis W. Paquette, d.
Albert D. Richard, d. and r.
Ward 7, Alfred Betters, d.
William J. Lavoie, d.
Dennis F. Sweeney, d.
Ward 8, Samuel J. Bellavance, d.
Wilfrid J. Grandmaison, d.
Honore D. LeBlanc, d.
Leonard G. Velishka, d.
William J. Wilcox, d.
Ward 9, Paul E. Bouthillier, d.
David Dion, d.
New Boston, Albert E. Shedd, r.
New Ipswich, William T. Thompson,
r. and d.
Pclham, Ernest Q. Bigelow, r.
Peterborough, William H. Caldwell, r.
George A. Myhaver, r.
Weare, Frank H. Peaslee, r.
Wilton, Daniel R. Batchelder, r.
Peter J. Dugan, r.
CHESHIRE COUNTY
Alstead, Benjamin H. Bragg, r.
Chesterfield, E. James Winslow, r.
Dublin, John R. Gleason, Sr., r.
FitzwilliaiJi, George F. Miller, r.
Gilsum, Carlos D. Wilson, d.
Harrisville, John N. Clark, d. and r.
Hinsdale, Abbie H. Robertson, r. and d.
Jaffrey, George H. Duncan, d.
Charles Morris Mills, r.
* Resigned.
X
The Legislature of 1943
Cheshire County — Continued
Keene,
Ward 1, Daniel Reed Chaplin, r.
Jeremiah J. Keating, d.
Chandler B. McAllister, r.
Ward 2, Guy F. Lombard, r.
Dayton L. Park, r.
Ward 3, Wakefield Dort, r.
Wallace E. Mason, r.
Ward 4, Harry C. Lichman, r. and d.
Robert M. Sayers, Sr.,
r. and d.
Ward 5, John M. Duffy, d.
Laurence M. Pickett, d.
Marlborough, Benjamin G. Hall, r.
Rindge, Henry M. Hale, r. and d.
Swanzey, Ralph A. Blake, r.
Walter F. Oakman, d. and r.
Troy, John N. Grimes, d.
Walpole, Arthur H. Chickering, Jr., r.
Harold O. Pierce, r.
Westmoreland, Oscar W. Billings,
r. and d.
Winchester, Frederick H. Ingham, r.
Luman R. Nelson, r.
SULLIVAN COUNTY
Acworth, March Clark, r. and d.
Charlestown, Frank W. Hamlin,
r. and d.
Claremont, George W. Angus, r.
Alexis Beaudry, r.
William F. Bissonett, r.
Clara P. Brooks, r.
Sydney B. Converse, r.
Clifton E. Densmore, r.
Calvin Oakes, r.
Martin Pederson, r.
David S. Ramsay, r.
William A. Sterling, r.
Cornish, William E. Beaman, r.
Grantham, George W. Hastings, r.
Newport, Elsie C. Bailey, d.
Maurice F. Hall, r.
Eugene E. Harrington, r.
Leon E. Kempton, d.
Plainfield, Lena A. Read, r.
Springfield, Edith B. Gardner, r.
Sunapee, Maurice G. Chase, r. and d.
Unity, George S. Galium, r.
GRAFTON COUNTY
Alexandria, Harry D. Rollins, r.
Ashland, William A. Brown, d. and r.
Bath, Amos N. Blandin, d. and r.
Bethlehem, Orlando M. Ramsey, r.
Bristol, James B. Lidstone, r.
Campion, Bertram W. Pulsifer, r.
Canaan, Frank B. Clarke, r.
Enfield, Earl S. Hewitt, r.
Franconia, Richard A. Bowles, r. and d.
Hanover, Grace F. Batchelder, r.
Charles A. Holden, r.
Howard N. Kingsford, r.
Haverhill, Lewis E. Davison, r. and d.
Norman A. McMeekin, r.
Herbert C. Merrill, r.
Holdemess, Harold E. Haley, r.
Landaff, Roscoe J. Oakes, d.
Lebanon, Arthur F. Adams, r.
Frank J. Bryant, r.
William J. B. Cannell, r.
Norris Cotton, r.
Frank F. Hough, r.
Fred A. Jones, r.
Lincoln, Sherman Adams, r. and d.
Lisbon, James E. Collins, r.
Arthur L. Hamilton, r.
Littleton, Mabel M. Downing, r.
J. Herbert Fogg, r.
Frederick E. Green, r.
Charles E. Magoon, r.
The Legislature of 1943
XI
Grafton County — Continued
Lyman, Clara K. Birch, r.
Lyme, Martha E. Lamphere, r. and d.
Monroe, Robert S. Frazer, r.
Orange, Otis F. Lynch, r. and d.
Orford, Charles L. Cushman, r. and d.
Piermont, Ernest D. Day, r. and d.
Plymouth, Kenneth G. Bell, r. and d.
Harry A. Merrill, d.
Runiney, Jesse A. Barney, r. and d.
Thornton, Kenneth W. Robbins, r.
Warren, Ira H. Morse, r. and d.
Wentworth, Charles A. Gilbert, d. and r.
Woodstock, Harry D. Sawyer, d. and r.
COOS COUNTY
Berlin,
Ward l, James J. Baker, d.
Edward F. Hinchey, d.
Elisabeth H. Mason, d.
Henry M. Moffett, d.
Henry A. Smith, d.
Ward 2, Dieudonne Boulay, d.
Harry L. Henderson, d.
Clara A. Lazure, d.
Georgianna L. Trottier, r.
Ward 3, Hilda C. F. Brungot, r.
Marie A. Christiansen, r.
Arthur L. Thomas, r.
Ward 4, Esther C. Bixby, d.
Alphonsine M. Dugas, d.
Fred G. Hayes, Jr., d.
Victor N. Laforce, d.
Carroll, Joseph A. Seymour, d. and r.
Colebrook, Samuel I. Bailey, d.
Curtis C. Cummings, r.
Columbia, George A. Jackson, r.
Dalton, William O. Emerson, r.
Gorham, Charles A. Chandler, d.
James A. Fraser, d.
Jefferson, Raymond G. Kimball,
r. and d.
Lancaster, Arthur C. Cryan, r. and d.
Lula J. A. Morris, r.
Blake T. Schurman, r.
Milan, Lloyd E. Fogg, r. and d.
Millsfield, Henry H. Nadig, r. and d.
Northumberland, Charles E. Pelletier, d.
Nelson D. Rich, d.
Pittsburg, Fay C. Merrill, r. and d.
Stewartstown, Herbert Forrest, r.
Stratford, True G. Martin, d.
Whitefield, Carl E. Taylor, r.
George W. Whitcher, r.
LAWS
OF THE
STATE OF NEW HAMPSHIRE
PASSED JANUARY SESSION, 1943
CHAPTER 1.
AN ACT PROVIDING THAT THE SECRETARY OF STATE SHALL ACT AS
SECRETARY OF THE BALLOT-LAW COMMISSION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1, Ballot Law Commission. Amend section 97 of chapter
33 of the Revised Laws by striking out the word "day" in the
fifth Hne and inserting in place thereof the word, dates, and by
adding at the end of said section the words : The secretary of
state shall be the recording officer and secretary of the ballot-
law commission, but shall have no vote in its decisions, so that
said section as amended shall read as follows: 97. Duties.
They shall meet at the office of the secretary of state on the
Tuesday next succeeding the last day for filing nominations,
and shall continue in session from day to day until all questions
submitted have been heard and determined. All questions and
objections shall be submitted to them within three days from
the last dates for filing nominations, but not thereafter. They
shall consider and decide all objections to the nomination of a
candidate and all questions arising in case of nominations, and
their decision shall be final. The secretary of state shall be
the recording officer and secretary of the ballot-law commis-
sion, but shall have no vote in its decisions.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
2 Chapter 2 [1943
CHAPTER 2.
AN ACT RELATIVE TO TIME FOR FILING APPLICATIONS FOR
RECOUNTS AFTER BIENNIAL ELECTIONS.
Be it enacted by the Senate arid House of Representatives i7i
Gene7ul Court convened:
1. Recounts. Amend section 104 of chapter 34 of the
Revised Laws by striking out the words "thirty days" in the
third line and inserting in place thereof the words, ten days
thereafter, and by striking out the word "fifteen" in the
seventh line and inserting in place thereof the word, ten, so
that said section as amended shall read as follows: 104.
Biennial Election. If any person, excepting candidates for
county offices, for whom a vote was cast and recorded for any
office at a biennial election shall, before the expiration of ten
days thereafter, apply in writing to the secretary of state for
a recount of the ballots given in for all persons for such office
and shall state in his application the names of the opposing
candidates, the secretary of state shall appoint a time for the
recount not earlier than ten days after the receipt of the
application. All contested elections for county offices shall be
determined in accordance with the provisions of chapter 45.
2. Local Option on Sale of Liquor. Amend section 44 of
chapter 170 of the Revised Laws by striking out the word
"thirty" in the second line and inserting in place thereof the
word, ten, so that said section as amended shall read as fol-
lows: 44. Recount. Five legal voters of any city or town
which shall have voted upon questions (a) and (b) may, within
ten days thereafter, petition the secretary of state for a re-
count of the votes cast upon one or both of said questions.
Such application shall be accompanied by a fee of five dollars
for each one thousand ballots or fraction thereof cast at said
election in said town, provided, however, that but one fee shall
be payable in the event a recount is desired on both questions
and in no event shall such fee exceed twenty-five dollars. The
secretary of state shall fix a time for such recount and shall
notify the petitioners and the selectmen, clerk, and moderator
of the town, or the mayor and clerk of the city, by mail, of the
time and place so fixed. He shall request the clerk having
custody of the ballots to forward them forthwith to the secre-
tary of state, and the clerk shall immediately forward such
1943] Chapter 3 3
ballots, and they shall be preserved by the secretary of state
until the succeeding biennial election.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
CHAPTER 3.
AN ACT RELATIVE TO FORM OF NUMBER PLATES ON MOTOR
VEHICLES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Motor Vehicles. Amend section 7 of chapter 116 of the
Revised Laws by striking out said section and inserting in
place thereof the following: 7. Number Plates. The com-
missioner shall furnish at his office without charge, to every
person whose motor vehicle is registered a number plate or
plates of suitable design.
2. Operation of Vehicles. Amend section 1 of chapter 119
of the Revised Laws by striking out said section and inserting
in place thereof the following: 1. Number Plate. Every
motor vehicle operated in or on any way in this state shall
have displayed conspicuously thereon a number plate or plates
to be furnished by the commissioner. The commissioner may
make special regulations relative to the number of plates,
material and design thereof, and the location of said plate or
plates on the vehicle. The plates shall be kept clean.
3. Application. Any provision of the motor vehicle laws,
not expressly amended hereby, relative to furnishing sets of
number plates for various types of vehicles shall be construed
as authorizing the commissioner to determine the number of
plates to be furnished for any one vehicle in accordance with
his determination as made under the authority of section 7 of
chapter 116 of the Revised Laws, as amended herein.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
4 Chapters 4, 5 [1943
CHAPTER 4.
AN ACT PROVIDING FOR A DEFICIENCY APPROPRIATION FOR
CERTAIN DEPARTMENTS AND INSTITUTIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation. The sum of twenty thousand three
hundred seventy-five dollars and forty-six cents ($20,375.46)
is hereby appropriated to meet deficits as follows: For the
state prison for repairs to roofs of certain buildings and walls,
five thousand, seven hundred, thirty-two dollars and sixty-
eight cents, ($5,732.68) ; for state sanatorium, for completion
of boiler installation, six thousand, four hundred dollars
($6,400) ; and for improvements in the state house basement,
eight thousand, two hundred, forty-two dollars and seventy-
eight cents ($8,242.78). The governor is authorized to draw
his warrant for the sums hereby appropriated out of any
money in the treasury not otherwise appropriated.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 4, 1943.]
CHAPTER 5.
AN ACT RELATING TO THE GENERAL FUNDS OF THE STATE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation. A sum not exceeding two hundred and
eighty-one thousand dollars to cover the budget deficit for the
fiscal year ended June 30, 1942 and a sum not exceeding two
million two hundred forty-four thousand dollars for the fiscal
year ending June 30, 1943 are hereby appropriated for the
use of the state for general purposes and such sums shall be
a charge upon the special fund constituted by chapter 126,
Laws of 1931, as amended. The state treasurer at such times
and in such amounts as the governor and council may deter-
mine, within the limits hereinbefore provided, may transfer
such sums from said special fund to the general funds of the
state.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 4, 1943.]
1943] Chapter 6 5
CHAPTER 6.
AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE
ASSESSMENT OF PUBLIC TAXES.
Be it enacted by the Senate and House of Representatives in
General Cou7't 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 fol-
lows, to wit:
Rockingham County, $119.78
Atkinson, eighty-one cents $0.81
Auburn, one dollar and fifteen cents 1.15
Brentwood, seventy cents .70
Candia, one dollar and sixteen cents 1.16
Chester, one dollar and thirty cents 1.30
Danville, fifty-six cents .56
Deerfield, one dollar and eleven cents 1.11
Derry, nine dollars and ten cents 9.10
East Kingston, fifty-seven cents .57
Epping, one dollar and fifty-seven cents 1.57
Exeter, thirteen dollars and thirty-seven cents 13.37
Fremont, ninety-three cents .93
Greenland, ninety-eight cents .98
Hampstead, one dollar and thirty-five cents 1.35
Hampton, nine dollars and eighty-nine cents 9.89
Hampton Falls, one dollar and thirty-five cents .... 1.35
Kensington, sixty-seven cents .67
Kingston, one dollar and forty-four cents 1.44
Londonderry, one dollar and seventy-two cents 1.72
New Castle, one dollar and fifty-two cents 1.52
Newfields, sixty-three cents .63
Newington, eighty-six cents .86
Newmarket, two dollars and forty-eight cents 2.48
Newton, one dollar and five cents 1.05
North Hampton, three dollars and forty-nine cents 3.49
North wood, one dollar and thirty-three cents 1.33
Nottingham, ninety-one cents .91
Plaistow, one dollar and eighty- two cents 1.82
Portsmouth, thirty-eight dollars and thirty-one cents 38.31
6 Chapter 6 [1943
Raymond, one dollar and seventy-one cents $1.71
Rye, five dollars and fourteen cents 5.14
Salem, five dollars and forty-two cents 5.42
Sandown, forty-two cents .42
Seabrook, one dollar and sixty-one cents 1.61
South Hampton, forty-three cents .43
Stratham, one dollar and sixteen cents 1.16
Windham, one dollar and seventy-six cents 1.76
Strafford County, $71.78
Barrington, one dollar and fourteen cents $1.14
Dover, twenty-six dollars and seventy-four cents . . . 26.74
Durham, three dollars and seventy-six cents 3.76
Farmington, three dollars and sixty-four cents .... 3.64
Lee, seventy-five cents .75
Madbury, sixty-six cents .66
Middleton, eighteen cents .18
Milton, two dollars and fifty-eight cents 2.58
New Durham, sixty-three cents .63
Rochester, nineteen dollars and ninety-two cents . . 19.92
RoUinsford, two dollars and eight cents 2.08
Somersworth, eight dollars and fifty-seven cents .... 8.57
Strafford, one dollar and thirteen cents 1.13
Belknap County, $52.65
Alton, three dollars and forty-two cents $3.42
Barnstead, one dollar and ten cents 1.10
Belmont, one dollar and seventy cents 1.70
Center Harbor, one dollar and forty-two cents 1.42
Gilford, two dollars and ninety-nine cents 2.99
Gilmanton, one dollar and twenty-two cents 1.22
Laconia, twenty-seven dollars and eighteen cents . . 27.18
Meredith, five dollars and thirty cents 5,30
New Hampton, two dollars and sixty-three cents . . . 2.63
Sanbornton, one dollar and forty-one cents 1.41
Tilton, four dollars and twenty-eight cents 4.28
Carroll County, $34.45
Albany, thirty-one cents $0.31
Bartlett, one dollar and seventy-four cents 1.74
Brookfield, forty-nine cents .49
Chatham, thirty-one cents .31
Conway, six dollars and two cents 6.02
1943] Chapter 6 7
Eaton, thirty-eight cents $0.38
Effingham, sixty-four cents .64
Freedom, ninety-eight cents .98
Hart's Location, nine cents .09
Jackson, one dollar and twenty-one cents 1.21
Madison, one dollar and eighteen cents 1.18
Moultonborough, three dollars and twenty-seven cents 3.27
Ossipee, two dollars and thirty-eight cents 2.38
Sandwich, two dollars and forty-one cents 2.41
Tamworth, two dollars and eighty-one cents 2.81
Tuftonboro, two dollars and twenty-seven cents .... 2.27
Wakefield, two dollars and twenty-seven cents 2.27
Wolfeboro, five dollars and sixty-nine cents 5.69
Merrimack County, $126.67
Allenstown, two dollars and fifty-four cents $2.54
Andover, two dollars and twenty-six cents 2.26
Boscawen, two dollars and forty-seven cents 2.47
Bow, two dollars and eighty-one cents 2.81
Bradford, one dollar and forty-six cents 1.46
Canterbury, one dollar and two cents 1.02
Chichester, eighty-two cents .82
Concord, sixty-four dollars and sixty-nine cents. . . . 64.69
Danbury, seventy-three cents .73
Dunbarton, ninety-one cents .91
Epsom, one dollar and thirty-five cents 1.35
Franklin, fourteen dollars and twelve cents 14.12
Henniker, two dollars and fifty-two cents 2.52
Hill, one dollar and twenty-one cents 1.21
Hooksett, three dollars and twelve cents 3.12
Hopkinton, three dollars and twenty-five cents 3.25
Loudon, one dollar and twenty-eight cents 1.28
Newbury, two dollars and two cents 2.02
New London, three dollars and sixty-eight cents . . . 3.68
North field, two dollars and three cents 2.03
Pembroke, three dollars and forty-three cents .... 3.43
Pittsfield, three dollars and forty-nine cents 3.49
Salisbury, seventy-six cents .76
Sutton, one dollar and three cents 1.03
Warner, one dollar and ninety-four cents 1.94
Webster, one dollar and fifteen cents 1.15
Wilmot, fifty-eight cents .58
8 Chapter 6 [1943
Hillsborough County, $287.22
Amherst, two dollars and three cents $2.03
Antrim, two dollars and twenty-one cents 2.21
Bedford, three dollars and two cents 3.02
Bennington, one dollar and seventy cents 1.70
Brookline, eighty-one cents .81
Deering, sixty-three cents .63
Francestown, ninety-three cents .93
Goffstown, six dollars and fifty-six cents 6.56
Greenfield, ninety-four cents .91
Greenville, one dollar and ninety-three cents 1.93
Hancock, one dollar and eighty-nine cents 1.89
Hillsborough, four dollars and forty-four cents 4.44
Hollis, one dollar and eighty cents 1.80
Hudson, three dollars and twenty-seven cents 3.27
Litchfield, seventy-two cents .72
Lyndeborough, ninety-two cents .92
Manchester, one hundred fifty-six dollars and
seven cents 156.07
Mason, forty-four cents .44
Merrimack, two dollars and fifty cents 2.50
Milford, seven dollars and fifty cents 7.50
Mont Vernon, eighty-three cents .83
Nashua, sixty-seven dollars and thirty-eight cents. . 67.38
New Boston, one dollar and thirty-three cents 1.33
New Ipswich, one dollar and sixty-four cents 1.64
Pelham, one dollar and fifty-seven cents 1.57
Peterborough, eight dollars and four cents 8.04
Sharon, seventeen cents .17
Temple, sixty cents .60
Weare, one dollar and eighty cents 1.80
Wilton, three dollars and forty-six cents 3.46
Windsor, nine cents .09
Cheshire County, $78.79
Alstead, one dollar and twenty-seven cents $1.27
Chesterfield, two dollars and twenty-five cents 2.25
Dublin, three dollars and seventy-eight cents 3.78
Fitz William, one dollar and forty-four cents 1.44
Gilsum, forty-six cents .46
Harrisville, one dollar and fifty-seven cents 1.57
Hinsdale, five dollars and fifty-three cents 5.53
1943] Chapter 6 9
Jaffrey, six dollars and thirty-nine cents $6.39
Keene, thirty-three dollars and fifteen cents 33.15
Marlborough, two dollars and twenty-two cents .... 2.22
Marlow, forty-three cents .43
Nelson, sixty-one cents .61
Richmond, thirty-seven cents .37
Rindge, one dollar and sixty-eight cents 1.68
Roxbury, nineteen cents .19
Stoddard, sixty-three cents .63
Sullivan, thirty-two cents .32
Surry, fifty-three cents .53
Swanzey, two dollars and eighty-three cents 2.83
Troy, one dollar and eighty-nine cents 1.89
Walpole, six dollars and seventy-eight cents 6.78
Westmoreland, one dollar and one cent 1.01
Winchester, three dollars and forty-six cents 3.46
Sullivan County, $49.24
Acworth, fifty-nine cents $0.59
Charlestown, three dollars and twenty-eight cents . . 3.28
Claremont, twenty-five dollars and seventy-one cents 25.71
Cornish, one dollar and seventy cents 1.70
Croydon, sixty-six cents .66
Goshen, forty-four cents .44
Grantham, thirty-four cents .34
Langdon, forty cents .40
Lempster, thirty-four cents .34
Newport, eight dollars and sixty-six cents 8.66
Plainfield, one dollar and sixty-five cents 1.65
Springfield, seventy-five cents .75
Sunapee, three dollars and forty-eight cents 3.48
Unity, fifty-two cents .52
Washington, seventy-two cents .72
Grafton County, $104.47
Alexandria, eighty-seven cents $0.87
Ashland, two dollars and ninety-eight cents 2.98
Bath, one dollar and forty-two cents 1.42
Benton, nineteen cents .19
Bethlehem, four dollars and fifty-six cents 4.56
Bridgewater, ninety-eight cents .98
Bristol, four dollars and forty-eight cents 4.48
Campton, two dollars and eleven cents 2.11
10 Chapter 6 [1943
Canaan, two dollars $2.00
Dorchester, twenty-six cents .26
Easton, twenty-three cents .23
Ellsworth, six cents .06
Enfield, two dollars and twenty-nine cents 2.29
Franconia, one dollar and sixty-six cents 1.66
Grafton, seventy-four cents .74
Groton, fifty-nine cents .59
Hanover, ten dollars and forty-three cents 10.43
Haverhill, six dollars and sixty-one cents 6.61
Hebron, ninety cents .90
Holderness, three dollars and nineteen cents 3.19
Landaff , forty cents .40
Lebanon, thirteen dollars and forty-seven cents .... 13.47
Lincoln, one dollar and ninety-eight cents 1.98
Lisbon, four dollars and seventy-four cents 4.74
Littleton, eight dollars and fifteen cents 8.15
Lyman, forty-three cents .43
Lyme, one dollar and forty-one cents 1.41
Monroe, thirteen dollars and eighty-one cents 13.81
Orange, twenty cents .20
Orford, one dollar and sixteen cents 1.16
Piermont, one dollar and two cents 1.02
Plymouth, five dollars and fifty-eight cents 5.58
Rumney, one dollar and forty-five cents 1.45
Thornton, seventy-one cents .71
Warren, ninety-four cents .94
Waterville, thirteen cents .13
Wentworth, seventy-seven cents .77
Woodstock, one dollar and fifty-seven cents 1.57
Coos County, $72.20
Berlin, twenty-eight dollars and forty-three cents . . $28.43
Carroll, one dollar and eighty cents 1,80
Clarksville, eighty-two cents .82
Colebrook, three dollars and sixty-nine cents 3.69
Columbia, seventy-six cents .76
Dalton, seventy-six cents .76
Dummer, sixty-six cents .66
Errol, one dollar and six cents 1.06
Gorham, seven dollars and forty-four cents 7.44
Jefferson, one dollar and fifty-three cents 1.53
1943] Chapter 6 11
Lancaster, six dollars and sixty-three cents $6.63
Milan, ninety-seven cents .97
Northumberland, four dollars and five cents 4.05
Pittsburg, three dollars and seventy-six cents .... 3.76
Randolph, ninety-seven cents .97
Shelburne, one dollar and thirty-two cents 1.32
Stark, sixty cents .60
Stewartstown, one dollar and twenty-four cents .... 1.24
Stratford, one dollar and seventy-nine cents 1.79
Wentworth's Location, seventeen cents .17
Whitefield, three dollars and seventy-five cents .... 3.75
Unincorporated Places, $2.75
Cambridge, forty-eight cents $0.48
Crawford's Purchase, four cents .04
Dixville, seventy cents .70
Dix's Grant, ten cents .10
Erving's Grant, one cent .01
Gilmanton and Atkinson Academy Grant, four cents .04
Green's Grant, nine cents .09
Hale's Location, one cent .01
Millsfield, thirty-eight cents .38
Odell, twenty-six cents .26
Pinkham's Grant, .00
Sargent's Purchase, fifteen cents .15
Second College Grant, fourteen cents .14
Success, twenty-five cents .25
Thompson and Meserve Purchase, ten cents .10
2. Limitation. The same shall be the proportion of assess-
ment of all pubhc taxes until a new apportionment shall be
made and established, and the treasurer for the time being
shall issue his warrant accordingly.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 9, 1943.]
12 Chapter 7 [1943
CHAPTER 7.
AN ACT RELATIVE 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 section 22 of
chapter 314 of the Revised Laws by striking out the word
"ten" where it occurs in the fourth and eleventh lines and
inserting in place thereof the word, twenty, so that said sec-
tion as amended shall read as follows: 22. Guaranty Fund.
Every building and loan association shall, at each distribution
of profits, reserve as a guaranty fund not less than five per
cent of its net profits accrued since the last preceding distribu-
tion, until such fund amounts to not less than five nor more
than twenty per cent of its total liabilities. Said guaranty
fund, by vote of the board of directors, may be used to pay
losses. Subject to the approval of the bank commissioner it
may also be used to maintain the distribution of profits at the
same rate of dividend and for any other purpose. The board
of directors may at any time, by vote duly recorded, transfer
to the guaranty fund the whole or any part of any surplus or
reserve under whatever name, and may increase such funds
to a sum equal to twenty per cent of the total liabilities.
2. Approval not Required. Amend section 24 of said chap-
ter 314 by striking out said section and inserting in place
thereof the following: 24. Surplus. A building and loan
association by vote of its directors may set aside from time
to time a part of its net earnings for the creation- of a surplus
foi* the protection of its shareholders.
3. Retirement; Withdrawal of Shares. Amend section 35
of said chapter 314 by striking out said section and inserting
in place thereof the following: 35. Investment Share
Certificates. For the purpose of obtaining funds for loans on
New Hampshire homes such associations may issue investment
share certificates bearing dividends at a rate not to exceed
five per cent per annum payable semi-annually. No person
shall hold more than two thousand dollars in these share cer-
tificates. Investment share certificates may be withdrawn or
retired under the same conditions as provided for paid-up
share certificates by sections 33 and 34.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved February 9, 1943.]
1943] Chapters 8, 9 13
CHAPTER 8.
AN ACT RELATING TO THE APPOINTMENT OF MUNICIPAL PROBA-
TION OFFICERS.
Be it enacted by the Senate and House of Representatives in
Genei^al Court convened:
1. Municipal Probation Officers. Amend section 5 of chap-
ter 379 of the Revised Laws by striking out said section and
inserting in place thereof the following: 5. Probation
Officers Selected and Assigned. State probation officers shall
be appointed by the board upon recommendation of the director
from a list found qualified by the board. Such officers shall
be assigned to and reside in counties or districts of the state
to be designated by the board. Municipal courts in towns hav-
ing a population of over five thousand shall and other courts
may appoint one or more qualified probation officers for their
respective courts. No municipal probation officer shall quahfy
for office until his appointment thereto has been approved by
the board and all such officers shall be subject to supervision
by the board and each shall hold his office during the pleasure
of the board.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 9, 1943.]
CHAPTER 9.
AN ACT RELATIVE TO THE ELECTION OF PRESIDENTIAL ELECTORS.
Be it enacted by the Senate and Hotise of Representatives in
General Court convened:
1. Biennial Election Ballots. Amend section 3 of chapter
34 of the Revised Laws by striking out all of said section and
inserting in place thereof the following new section : 3. Con-
tents. Every ballot shall contain the name and residence of
each candidate who has been nominated in accordance with
law, except as hereinafter provided, and shall contain no other
name except party appellations. The names and addresses of
the presidential electors shall not be printed on the ballot, but
in lieu thereof the names of a party's candidates for president
14 Chapter 9 [1943
and vice-president shall be printed thereon under the designa-
tion "Electors of president and vice-president of the United
States." In case a nomination is made by nomination papers,
the words, Nom. Papers, shall be added to the party appella-
tion.
2. Form of Ballots. Amend section 7 of said chapter 34
by striking out all of said section and inserting in place thereof
the following new section : 7. Squares. At the right of the
name of each candidate and on the same line there shall be a
square, except that in the case of electors of president and
vice-president of the United States one square shall suffice
which shall be placed opposite the designation Electors of
president and vice-president of the United States.
3. Presidential Electors. Amend section 52 of said chap-
ter 34 by striking out the last sentence thereof and inserting
in place thereof the following : One mark in the square opposite
the names of candidates for president and vice-president [of
the United States] shall be counted as a vote for the electors
of that party, the names of whom shall be on file with the
secretary of state, so the said section as amended shall read as
follows : 52. Marking. On receipt of his ballot the voter shall
forthwith, and without leaving the enclosed space, retire alone
to one of the voting shelves or compartments, and shall prepare
his ballot by marking a cross (x) in the circle if he desires to
vote a straight ticket. If he desires to vote for a candidate
whose name is not printed under the circle in which he has
marked he shall erase or cancel the name of the candidate in
such column for whom he refuses to vote, and may vote for the
candidate of his choice by marking a cross (x) in the square
opposite the name of such candidate, or by writing in the name
of the person for whom he desires to vote in the right-hand
column prepared for the purpose. In such case the vote so
marked in the square, or so inserted in the right-hand column,
shall be counted, and such ballot shall not be counted for the
candidate for the same office whose name is erased. One mark
in the square opposite the designation, Electors of president
and vice-president of the United States, shall be counted as a
vote for the electors of that party, the names of whom shall
be on file with the secretary of state.
4. Certification of Electors in State Conventions. Amend
section 59 of chapter 33 of the Revised Laws by adding at the
end thereof the following: The names and residences of the
1943] Chapter 10 15
presidential electors nominated by such convention shall be
forthwith certified to the secretary of state by the chairman
and clerk of the convention, so that said section as amended
shall read as follows: 59. Date, Call, and Purposes. Not
earlier than the third Tuesday of September following any
primary, and not later than the first Tuesday of October, upon
the call of the chairman of the state committee of the party,
the nominees of each party for the offices of governor, coun-
cilors, state senators, representatives and state delegates
elected shall meet in state convention for the purpose of adopt-
ing the platform of their party, nominating presidential elec-
tors and effecting an organization for the following two years.
The names and residences of the presidential electors nomi-
nated by such convention shall be forthwith certified to the
secretary of state by the chairman and clerk of the convention.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved February 9, 1943.]
CHAPTER 10.
AN ACT RELATIVE TO THE ELIMINATION OF SQUARES APTER SO-
CALLED WRITE-IN CANDIDATES ON BALLOTS.
Be it enacted by the Senate and House of Representatives in
Geney^al Court convened:
1. Primary Ballots. Amend section 29 of chapter 33 of the
Revised Laws by inserting after the word "line" in the tenth
line thereof the words, without squares at the end thereof, so
that said section as amended shall read as follows : 29. Order
of Names, Blank Lines. Whenever there are two or more
candidates for nomination to the same office who are to be
voted for in more than one town or ward the names of such
candidates shall be so alternated on the ballots used that each
shall appear thereon as nearly as may be an equal number of
times at the top, at the bottom, and in each intermediate
place, if any, of the list or group in which it belongs. Names
of candidates for nomination to the same office who are to be
voted for in only one town or ward shall be arranged in the
alphabetical order of their surnames. Following the names
printed on the ballot, after the name of each office to be
16 Chapter 11 [1943
filled, shall be as many blank lines, without squares at the end
thereof, as there are persons to be elected to that office.
2. Elections, Form of Ballots. Amend section 8 of chapter
34 of the Revised Laws by inserting after the word "Hnes" in
the fourth line thereof the words, without squares at the end
thereof, so that said section as amended shall read as follows :
8. Blanks. In the last or right-hand column of each ballot
there shall be no circle or device, but there shall be printed in
the regular order the political designation of each office, and
beneath each designation there shall be left as many blank
lines, without squares at the end thereof, as there are persons
to be elected to such office.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 9, 1943.]
CHAPTER 11.
AN ACT RELATIVE TO COMPLAINTS TO SUPERIOR COURT IN REGARD
TO CHECK-LISTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Check-lists. Amend chapter 32 of the Revised Laws by
inserting after section 12 the following new section: 12-a.
Complaints to Superior Court. Any citizen of the state may,
in term time or vacation, file a complaint with the superior
court stating that his name is illegally kept from, or his name
or that of some other citizen is illegally placed upon, the
check-list of a town or ward, and the facts upon which the
complaint is based. Said complaint shall be deemed sufficient
if it sets forth the basis of the complaint and may be filed by
the complainant with the clerk of court or any justice thereof.
Complainant may appear with or without counsel. There-
upon, the presiding justice in term time or any justice of the
superior court in vacation shall order service by copy on the
officials in charge of placing names on said list and by copy
on the citizens named in the petition other than the com-
plainant, and set a time and place for an immediate hearing.
The justice hearing the case may order the name of the voter
concerning whom the complaint is made to be added or re-
1943] Chapters 12, 13 17
moved from the check-list as justice requires, and his decision
shall be final on questions of fact as in equity cases.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 9, 1943.]
CHAPTER 12.
AN ACT RELATIVE TO DESTRUCTION OF CERTAIN RECORDS IN THE
DEPARTMENT OF PUBLIC WELFARE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Emergency Relief Records. The board of public welfare
may, at any time, authorize the destruction of any records filed
in its office relative to the administration of the federal emer-
gency relief act under the provisions of chapter 160 of the
Laws of 1933, which in its opinion are no longer of any value
to the state.
2. Department of Public Welfare. Amend chapter 126 of
the Revised Laws by inserting after section 3 the following
new section: 3-a. Destruction of Certain Records. The
board of public welfare may destroy, 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.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 11, 1943.]
CHAPTER 13.
AN ACT REPEALING PROVISIONS FOR OPEN SEASON FOR TAKING
ELK.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Repeal. Section 2 of chapter 242 of the Revised Laws,
providing for an open season for taking elk in certain cases,
is hereby repealed.
18 Chapter 14 [1943
2. Game Animals. Amend section 1 of said chapter 242 by
striking- out said section and inserting in place thereof the
following: 1. Prohibition. No person shall, at any time,
hunt, take, or have in his possession, any moose, caribou, or
elk, or any part of the carcass thereof, taken in this state.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 11, 1943.]
CHAPTER 14.
AN ACT RELATIVE TO TRAVEL ALLOWANCES FOR MEMBERS OF THE
GENERAL COURT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Members of the General Court. Amend section 15 of
chapter 9 of the Revised Laws by striking out said section and
inserting in place thereof the following: 15. Travel. A
member of the general court shall be allowed for travel ex-
pense the sum of five cents per mile to and from his home each
day of attendance. Each member of the house of representa-
tives shall present evidence of his attendance by signing in
person the roll provided for that purpose and by complying
with such other regulations with respect thereto as the house
may from time to time adopt. Any member of the general
court absent for any cause from such attendance shall not be
allowed travel for the day he is so absent.
2. Committee on Mileage. Amend section 16 of said chap-
ter 9 by striking out said section and inserting in place thereof
the following: 16. Computation of Allowances. The dis-
tance traveled shall be computed by the nearest necessary
route of travel. The committee on mileage shall determine
said distance, the amount of travel to be allowed each member
and, with respect to the members of the house of represen-
tatives, the validity of the evidence of attendance for each
member.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 16, 1943.]
1943] Chapter 15 19
CHAPTER 15.
AN ACT ESTABLISHING A STATE DEPARTMENT OF HEALTH.
Be it enacted by the Senate and Hoitse of Representatives in
General Court convened:
1. State Department of Health. Amend chapter 147 of
the Revised Laws by striking out sections 1, 2, 3 and 4 and
inserting in place thereof the following new sections: 1.
Organization. There shall be a state department of health
consisting of the state board of health, the state health officer
and such other officials and employees as may be authorized
under the public health laws. 2. State Board of Health.
The state board of health shall consist of the governor and
attorney general ex-officiis and five others, three to be physi-
cians, one a civil engineer, and one who shall be neither a
physician nor a civil engineer appointed by the governor with
the advice of the council for a term of five years and until their
successors are appointed and qualified. Vacancies shall be
filled for the unexpired term. It shall be the duty of the
board to supervise the department that its duties may be
eftectuated, to make such rules and regulations and take action
necessary or desirable to carry out the provisions of public
health laws under its jurisdiction, to establish such divisions
within the department as may be necessary for efficient admin-
istration and appoint the heads of such divisions. 3. Presi-
dent; Quorum; Meetings; Seal. The board shall choose one
of their number president of the board. Three members shall
constitute a quorum. The board shall meet as often as once
in three months. The department shall have a seal, which
shall be like the seal of the state except that the device thereon
shall be surrounded by the words "State Department of Health
of New Hampshire." Every certificate or other official paper
executed by the state health officer in pursuance of any author-
ity conferred by law, when duly certified by him under seal,
shall be received as evidence with the same force and effect
as the original would in law be entitled to if produced in court.
4. State Health Officer. The board shall appoint a state health
officer, who shall hold office during their pleasure, shall make
a fair and correct record of their proceedings and shall act as
secretary of the board. Said state health officer shall be a
physician and a person with knowledge of, and experience in,
public health work and sanitary science. Said officer shall
20 Chapter 16 [1943
serve as the executive and administrative officer of the state
health department and shall be responsible for its manage-
ment. He shall appoint such personnel, except the heads of
the various divisions within the department, as may be neces-
sary for the efficient performance of the duties of his office
and shall prescribe the duties of all the personnel of the
department. He shall be the registrar of vital statistics for
the state.
2. Application of Act. All powers and duties now con-
ferred by law upon the state board of health or upon the
secretary of the state board of health, except such as are incon-
sistent herewith, shall be construed as referring to the state
health department hereby constituted.
3. Takes Effect. This act shall take effect as of July 1,
1943.
[Approved February 16, 1943.]
CHAPTER 16.
AN ACT PROVIDING FOR RECIPROCAL ENFORCEMENT OF
VIOLATIONS OF FISHING LAWS IN BOUNDARY WATERS
BETWEEN MASSACHUSETTS AND NEW HAMPSHIRE
AND BETWEEN MAINE AND NEW HAMPSHIRE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Enforcement of Fishing Laws. Amend chapter 240 of
the Revised Laws by inserting after section 25 the following
new section: 25-a. Reciprocal Agreements. Any game pro-
tector, fish and game warden, conservation officer, or other
person, who is authorized to make arrests for violations of
the conservation or fish laws of the state of Maine or of the
commonwealth of Massachusetts shall have power and author-
ity to make arrest of any person fishing, in violation of the fish
laws of such state or states, on any part of any waters or
portion thereof lying between either of said states and the
state of New Hampshire or on the shores thereof and to take
the person so arrested for trial to the state in which the
violation was committed and there to prosecute such person
according to the laws of such state. This section shall be
effective as to the state of Maine or the commonwealth of
Massachusetts or both, when said state or states shall enact a
1943] Chapters 17, 18 21
similar law giving similar authority to the fish and game
conservation officers of this state to make arrests on said
boundary waters between either of said states, or both, and
this state.
2. Notification. The secretary of state shall notify the
secretary of the state of Maine and the secretary of the com-
monwealth of Massachusetts of the passage of this act.
3. Takes Effect. Subject to the provisions relative to
reciprocal laws by the state of Maine or the commonwealth
of Massachusetts, this act shall take effect upon its passage.
[Approved February 16, 1943.]
CHAPTER 17.
AN ACT RELATIVE TO BOARDING HOUSES FOR CHILDREN.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Boarding Houses for Children. Amend section 22 of
chapter 130 of the Revised Laws by striking out said section
and inserting in place thereof the following: 22. Defined.
Whoever for hire, gain, or reward has in his custody or control
any illegitimate child, or any child who is under the age of
fifteen years, not related to him by blood or marriage and un-
attended by a parent or guardian, for the purpose of providing
him with care, food, or lodging, shall be deemed to maintain a
boarding house for children. This section shall not apply to
boarding schools, summer camps, hospitals and similar insti-
tutions subject to supervision by the state, county, or towns.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 16, 1943.]
CHAPTER 18.
AN ACT RELATIVE TO AGE LIMIT TO OBTAIN A CHAUFFEUR'S
LICENSE TO OPERATE MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Operation of Motor Vehicles. In addition to the other
powers of the commissioner of motor vehicles, during the
22 Chapter 19 [1943
present war emergency and until April first next succeeding
the termination thereof, he shall have authority to issue a
chauffeur's license to any person between the ages of sixteen
and eighteen, otherwise duly qualified. During said period
the provisions of section 16 of chapter 117 of the Revised
Laws inconsistent with the provisions hereof are hereby sus-
pended. Said license shall be restricted to the operation of
motor vehicles of one and one half ton manufacturers rating
or less.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 16, 1943.]
CHAPTER 19.
AN ACT RELATIVE TO DAY CARE FOR CHILDREN AND CHILD
CARE CENTERS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Day Care of Children. For the purpose of promoting
and coordinating programs for day care of children of working
mothers and to assure the administration of the programs
in accordance with the standards necessary to provide
for the adequate care, health protection and education
of their children, the department of public welfare, the state
board of health and the state board of education are
authorized and directed to cooperate in the establishment of
standards and the development of such comprehensive pro-
grams as may be necessary, such programs to include
participation by other appropriate public and private agencies.
Said state departments are directed to furnish to local
authorities advisory services and they are each authorized to
accept and expend such federal funds as are made available to
the respective department for the purposes of this section.
2. Child Care Centers. No person, association, corporation,
institution or agency, public or private, shall provide care and
supervision for three or more children under fourteen years
of age in lieu of the care and supervision ordinarily provided
by parents in their own homes, for periods of more than four
but less than twenty-four hours in any one day, with or with-
1943] Chapter 19 23
out charge, without having in full force and effect a license
issued by the department of public welfare, in accordance with
rules and regulations prescribed by that department.
3. Exceptions. Nothing in the preceding section shall
apply to care given to children by or in homes maintained by
their parents, grandparents, brothers, sisters, uncles or aunts,
by blood or marriage, or the legal guardian of the person, or
as part of the program of an educational institution regulated
or otherwise approved by the state board of education.
4. Standards. The department of public welfare is hereby
authorized to make rules and regulations relative to child care
centers, as defined in section 2, and such rules and regulations
shall incorporate or provide for standards developed by that
department in cooperation with other state departments, as
provided in section 1, assuring the health, safety, welfare and
education of the children involved, and shall provide for such
visits or inspections by appropriate authorities as may be
necessary to obtain compliance with the standards prescribed.
Failure to comply with these standards, or other rules and
regulations made hereunder, shall be cause for revocation of
the license issued hereunder.
5. Penalty. Any person, association, corporation, institu-
tion or agency violating any provision of section 2, or any rule
or regulations made hereunder, shall be fined not more than
one hundred dollars or imprisoned not more than one year, or
both.
6. Takes Effect; Termination. This act shall take effect
upon its passage and it shall remain in force for the duration
of the existing war and for six months after termination
thereof by the signing of a definitive treaty of peace, or by the
proclamation of the president of the United States that
hostilities have ceased or that the emergency justification of
extraordinary war-time powers no longer exists.
[Approved February 16, 1943.]
24 Chapter 20 [1943
CHAPTER 20.
AN ACT PROVIDING FOR ABSENTEE VOTING AT BIENNIAL
ELECTIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Absent Voting. Amend section 60 of chapter 34 of the
Revised Laws by striking out said section and inserting in
place thereof the following : 60. When Permitted. Any voter
who is absent from the city, town or place in which he is
qualified to vote, on the day of the biennial election, or who,
by reason of physical disability, is unable to vote in person,
may vote at said election, in accordance with the provisions
hereinafter set forth.
2. Official Ballots. Amend paragraphs I and II of section
61 of chapter 34 of the Revised Laws by striking out said
paragraphs and inserting in place thereof the following: L
Official absent voting ballots similar in form to the official bal-
lot to be used at said election, and similarly endorsed, but
printed on paper diflfering in color from that used for official or
sample ballots. 11. Blank forms of application for such ballots
worded as follows : To the city or town clerk of :
I, , hereby apply for an official absent
voting ballot. I am a duly qualified voter, and as I believe,
entitled to vote in ward , city or town
Mail absent voter's ballot to
(Signature)
(Street and number)
(City or town, state)
In case of a voter physically disabled, the applicant will also
fill out the following: On account of physical disability, I am
unable to vote in person. (Signature)
We, the undersigned, a majority of the registrars of voters
or supervisors of the check-list of the
of hereby certify that to the best of
our knowledge and belief, said is a
duly qualified voter in said ward, city or town of
Registrars of voters or supervisors of the check-list of the
of
3. Oaths by Voters. Amend paragraph III of section 61
1943] Chapter 20 25
of chapter 34 of the Revised Laws by striking out said para-
graph and inserting in place thereof the following : III. En-
velopes of sufficient size to contain the ballots specified in
paragraph I, on which shall be printed the following:
All persons voting by absentee ballot shall subscribe and
take the following oath:
State of
County of ss
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 in the city or town of
New Hampshire, in Ward ; that I have a legal voting
residence therein ; and that I can read and write, or that I was
a legal voter of this state on January 1, 1904. So help me God.
(Signature)
All persons voting by absentee ballot because of absence
from the city or town in which he is entitled to vote also shall
subscribe and take the following oath :
I, , do solemnly swear (or affirm)
that I will be absent on election day from said city or town,
and will be unable to vote in person ; that on said day one city
or town will intervene between the place where I am entitled
to vote and the place where I am then; that I have read care-
fully the instructions forwarded to me with the ballot herein
enclosed and that I have marked, enclosed, and sealed the
within ballot as stated hereon by the person taking my oath.
So help me God.
(Signature)
All persons voting by absentee ballot because of physical
disability also shall subscribe and take the following oath:
I, , do solemnly swear (or affirm)
that I am a qualified voter in the city or town of
New Hampshire, in Ward , that on account of physical
disability I am unable to vote in person; that I have carefully
read the instructions forwarded to me with the ballot herein
enclosed, and that I have marked, enclosed and sealed the
within ballot as stated hereon by the person taking my oath.
(Signature)
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 witli the affiant, the
affiant in my presence marked the ballot without my seeing
26 Chapter 20 [1943
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
(Physician's certificate)
I, , of (address) hereby
certify that I am the attending physician of the affiant, that
I have made a careful examination and am satisfied that he is
unable by reason of physical disability to vote in person.
(Signature)
4. Method of Voting. Amend section 65 of chapter 34 of
the Revised Laws by striking out in the first sentence thereof
the words "and, except in the case of a voter physically dis-
abled, in a city or town which is separated by at least one city
or town from the city or town wherein the voter is registered",
so that said section as amended shall read as follows: 65.
Procedure in Voting, by Voter. A voter who has received an
official absent voting ballot as hereinbefore provided, may vote
by mailing or causing to be delivered to such city or town
clerk, said ballot, marked and sworn to as follows: He shall
mark said ballot in the presence of an official authorized by
law to administer oaths, and of no other person. He shall
deliver the official ballot to said official for examination, who
shall satisfy himself that it is unmarked and the voter shall
not allow said official to see how he marks it. Said official
shall hold no communication with the voter, nor he with said
official, as to how he is to vote. After marking the ballot, the
voter shall enclose and seal the same in the envelope provided
for in paragraph HI of section 61. He shall then execute
before said official the affidavit on said envelope as set forth
in said paragraph, and shall enclose and seal the envelope con-
taining the ballot in the envelope provided for in paragraph
IV of section 61, endorse thereon his name, address and voting
place, and shall then mail the envelope, postage prepaid, or
cause it to be delivered.
5. Amendment. Amend section 69 of chapter 34 of the
Revised Laws by striking out the words "nor by reason of any
variation between absent voters' ballots and ballots in use by
voters present" so that said section as amended shall read as
follows: 69. Immaterial Defects. No ballot transmitted
under the provisions of this subdivision shall be rejected for
1943] Chapter 21 27
any immaterial addition, omission or irregularity in the
preparation or execution of any writing or affidavit required
herein.
6. Takes Effect. This act shall take effect upon its
passage.
[Approved February 17, 1943.]
CHAPTER 21.
AN ACT RELATIVE TO THE STATE PURCHASING AGENT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. The Purchasing- Agent. Amend the Revised Laws by
adding after chapter 14 the following new chapter:
Chapter 14-A
Purchasing Agent
1. Appointment; Bond and Salary. The governor and
council shall appoint a state purchasing agent for a term of
five years. Said agent shall serve until his successor is ap-
pointed and qualified and any vacancy shall be filled for the
balance of the unexpired term. Said agent shall give such
bond as the governor and council shall require and his salary
shall be four thousand dollars a year.
2. Removal. The purchasing agent may be removed by
the governor and council for inefficiency, neglect of duty or
malfeasance in office but before removal he shall have notice
and an opportunity to be heard.
3. Office and Assistants. The purchasing agent shall be
provided with an office in the state house and he may appoint
such assistants, and fix their compensation, as the governor
and council may approve.
4. Requisitions. All departments, officers and agents of
the state, and all state institutions named in chapter 14, using
materials, equipment and supplies, shall requisition the same
from the purchasing agent.
5. Duties. The purchasing agent shall purchase all ma-
terials, equipment and supplies for departments, officers and
agents of the state except as otherwise specifically provided.
He shall have authority to make rules and regulations neces-
28 Chapter 21 [1943
sary to carry out the provisions hereof, which shall become
effective when approved by the governor and council. Such
rules and regulations shall include provisions relative to a
requirement for competitive bidding in the case of the pur-
chase of materials, equipment and supplies for all departments,
officers and agents of the state.
6. Competitive Bidding. Any purchase for the state in-
volving an expenditure of over one hundred dollars shall be
made by competitive bidding except as may be provided in
accordance with rules and regulations promulgated hereunder.
7. Purchases for Counties, Institutions, Cities and Towns.
The purchasing agent shall purchase material 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,
University of New Hampshire and the Soldiers' Home when-
ever the trustees thereof so desire and he may make such
purchases for any city or town whenever the governing body
thereof so desires and he can do so advantageously.
2. State Treasurer. Amend chapter 22 of the Revised
Laws by adding after section 5 the following new section:
5-a. Working Capital. The governor is hereby authorized
to draw his warrant on any money in the treasury not other-
wise appropriated for such sums to be set apart to the credit
of the state treasurer as working capital as may appear to the
governor and council necessary and proper for the prompt
payment of bills contracted by the state and for such other
claims against the state, duly approved, as the governor and
council may specifically direct.
3. Repeal. Sections 6 to 15, inclusive, of chapter 14 of the
Revised Laws relative to the purchasing agent, working capi-
tal, records and accounts, are hereby repealed.
4. Takes Effect. This act shall take effect July 1, 1943.
[Approved February 17, 1943.]
1943] Chapter 22 29
CHAPTER 22.
AN ACT TO PROVIDE FOR NON-PARTISAN BALLOT SYSTEM FOR
TOWN ELECTIONS, AND SCHOOL AND VILLAGE DISTRICT
ELECTIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Town Elections. Amend chapter 34 of the Revised
Laws by adding after section 111 the following new sub-
division :
Non-Partisan Ballot System
112. Authority for Towns to Adopt. Towns may adopt a
non-partisan ballot system, as hereinafter provided, for the
election of town officers under an article in the warrant for any
annual or special meeting at which action is to be taken, and
may rescind such action in like manner. If such ballot system
is adopted by a town, the system shall not be in effect in said
town until the town meeting next following the meeting at
which such action is taken. In towns where this ballot system
is in force, a plurality vote shall elect. The town clerk shall
prepare the ballots and all candidates for office shall file their
declarations of candidacy or petitions of nomination with the
town clerk on or before six o'clock in the evening of the second
Monday next preceding the day of the election.
113. Officei's to be Elected. In towns where this ballot
system is in force, such officers only shall be elected by this
system as are required by statute to be elected by ballot and
also such other officers as the town has at some previous
meeting voted to elect by ballot. The names of candidates for
other town officers shall not appear upon the ballot.
114. Filing; Fee. On or before the closing date for filing
declaration of candidacy with the town clerk as provided in
section 112 any candidate for any elective town office as defined
in the preceding section may file with the town clerk a declara-
tion of candidacy in substantially the following form, which
shall be prepared and furnished by the town clerk: I,
declare that I reside in the town of
, and that I am a qualified voter therein ; that
I am a candidate for the office of and I hereby
request that my name be printed on the official non-partisan
ballot of the town of At the time of said
30 Chapter 22 [1943
filing each candidate shall pay to the town clerk a filing fee of
one dollar for the use of the town.
115. Nominating Petitions. On or before the closing date
for filing, as provided in section 112, any candidate for any
elective town office as defined in section 113 may file, in lieu
of a declaration of candidacy, nominating petitions, and in such
case the name of said candidate shall be printed upon the bal-
lot, without the payment of a fee. The form of petition shall
be as follows :
State of New Hampshire
I of do hereby request
the printing of my name on the non-partisan ballot as candi-
date for the office of at the annual
meeting of said town 19 In support of
said candidacy I submit the following affidavits signed by legal
voters in said town :
State of New Hampshire
County of
The above named personally known to
me, appeared and made oath that the above statement by him
subscribed is true.
Justice of the Peace or Notary Public.
Supporting Affidavit
State of New Hampshire
County of
I of hereby join in
the petition for the printing of the name of
on the non-partisan ballot as candidate for the office of
at the annual meeting of said town on
19 I certify that I am qualified to
vote for a candidate for said office and am not, at this time,
a signer of any other similar petition for any other candidate
for said office.
State of New Hampshire
County of
The above named personally known to
me, appeared and made oath that the above statement by him
subscribed is true.
Justice of the Peace or Notary Public.
116. Number of Nominating Petitions. Any town may de-
1943] Chapter 22 31
termine, by vote, the number of separate petitions which must
be filed by a candidate, under the provisions of the preceding
section, in order to have his name printed on the non-partisan
ballot, provided that in no case shall such required number be
less than five.
117. Form of Ballots. The town clerk shall prepare the
official ballots for his town and shall arrange the names of
candidates upon said ballots in perpendicular columns. Im-
mediately above the names of each block of candidates shall
be printed the title of the office for which they are candidates,
as "For Selectman" and the like. Below the title of each office
shall be printed in small but easily legible type the words "Vote
for" followed by a spelled number designating the number of
persons to be elected to such office. At the right of the name
of each candidate and on the same line, there shall be a
square. Following the names printed on the ballot below the
title of each office to be filled, there shall be as many blank
lines as there are persons to be elected to each office. When-
ever there are two or more candidates for the same office the
names shall be printed upon the ballot in the alphabetical
order of their surnames. Where a name has been printed on
the ballot supported by petition, the words "Nom. Papers"
shall be inserted after the name of the candidate.
118. Paper, Uniformity, Endorsement. The ballots shall
be printed on plain white paper, in weight not less than that of
ordinary printing paper. There shall be no impression or mark
to distinguish one ballot from another. The names of all can-
didates shall be printed in uniform type and the ballots shall
be folded so that their width and length when folded shall be
uniform. On the back, or at the top of the face, of each ballot
shall be printed the words "Official Ballot for the Town of
" the date of the election and a facsimile
of the signature of the town clerk who prepared the ballot.
119. Check-list. In towns where this ballot system is in
effect, the check-list shall be used at all elections of town offi-
cers and the provisions of chapter 32, Revised Laws, relative
thereto, shall apply so far as consistent herewith.
120. Application of Laws. The provisions of chapter 34,
Revised Laws, relative to the manner of voting, counting of
ballots, penalties for violating election laws and recounts for
town elections, in so far as consistent herewith, shall apply to
elections held under the provisions of this subdivision. In
case of a tie vote at any election held hereunder, the tie shall
32 Chapter 22 [1943
be determined by lot by the town clerk in the presence of the
candidates who are tied if, upon notice from him, they elect to
be present.
121. Change of System. If any town previously has voted
to adopt the so-called Australian ballot system as provided by
section 89 of this chapter, such town may adopt in lieu thereof
the non-partisan ballot system at any annual town meeting,
acting- under an appropriate article in the warrant, such action
to be effective at the next succeeding annual town meeting.
122. Option. The non-partisan ballot system, herein pro-
vided for, is an alternative system to the Australian system as
provided in section 89, and a town may vote to adopt either
ballot system for the election of its officers. The provisions
of chapter 33, Revised Laws, relating to town caucuses for the
nomination of candidates shall not apply in towns which have
adopted the non-partisan ballot system.
2. Recount of Votes. Amend section 102 of chapter 34 of
the Revised Laws by adding at the end thereof the words, or
the non-partisan ballot system as provided in sections 112 to
120, so that said section as amended shall read as follows:
102. Application of Provisions. Sections 95 to 101, inclusive,
shall be in effect in all towns which have adopted the so-called
Australian ballot system, as provided in section 89, or the
non-partisan ballot system as provided in sections 112 to 120.
3. Australian Ballot System. Amend section 89 of chapter
34 of the Revised Laws by inserting after the words "such
action" in the third line the words, or adopt in lieu thereof the
non-partisan ballot system as provided in sections 112 to 120
thereof, so that said section as amended shall read as follows :
89. Adoption by Towns. Towns may adopt this ballot sys-
tem for the election of town officers under an article in the
warrant for the meeting at which the action is taken, and
may rescind such action or adopt in lieu thereof the non-
partisan ballot system as provided in sections 112 to 120
thereof in like manner.
4. Application of Act. Nothing in this act shall be con-
strued as affecting any city charter nor shall authority be
granted to permit a city to adopt the provisions hereof.
5. School and Village Districts. Any school district which
shall have voted to elect its school district officers by an official
ballot, or any village district organized under the provisions
of chapter 70 of the Revised Laws or by special charter from
the legislature, having general powers, which shall have voted
1943] Chapters 23, 24 33
to elect its district officers by an official ballot, may adopt the
non-partisan ballot system as provided in sections 112 to 120
of chapter 34 of the Revised Laws, for such election of such
officers under an article in the warrant for any annual or
special meeting of said district.
6. Takes Effect. This act shall take effect upon its
passage.
[Approved February 19, 1943.]
CHAPTER 23.
AN ACT PROVIDING FOR AN EXTENSION OF THE APPROPRIATION
MADE FOR THE CONSTRUCTION OF A SEA WALL IN HAMPTON
AND THE RECONSTRUCTION OF THE HAMPTON HARBOR
TOLL BRIDGE.
Be it enacted by the Senate and Hoitse of Representatives m
General Court convened:
1. Hampton Sea Wall. The appropriation provided for by
chapter 86 of the Laws of 1941, for the construction of certain
sea walls in the town of Hampton, shall not lapse but shall be
available for the purposes of said act for the period of four
years from the passage of this act.
2. Hampton Harbor Toll Bridge. The appropriation pro-
vided for by chapter 207 of the Laws of 1939 as amended by
chapter 87 of the Laws of 1941, for the reconstruction of
Hampton Harbor toll bridge, shall not lapse but shall be avail-
able for the period of four years from the passage of this act.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 23, 1943.]
CHAPTER 24.
AN ACT RELATIVE TO COMPENSATION FOR PERMANENT PARTIAL
DISABILITY UNDER WORKMEN'S COMPENSATION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Workmen's Compensation. Amend section 23 of chap-
ter 216 of the Revised Laws by adding after paragraph XX
the following new paragraph: XXL Compensation for per-
34 Chapters 25, 26 [1943
manent partial loss of use of a member shall bear such relation
to the amounts stated in the preceding paragraphs as the
disabilities bear to those produced by the injuries named in
said paragraphs.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 23, 1943.]
CHAPTER 25.
AN ACT RELATING TO THE MAINTENANCE OF DELINQUENT
CHILDREN.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Delinquent Children. Amend chapter 132 of the Re-
vised Laws by inserting after section 13 the following new
section: 13-a. Maintenance of Delinquent Children. When-
ever a delinquent is placed on probation or committed to a
person or institution not chargeable with his support, if super-
vision, care and maintenance becomes necessary, which he or
his parent or guardian is unable or refuses to provide, the town
in which such delinquent resides at the time he is found to be
delinquent shall be liable with a right of action over for reim-
bursement against whoever is legally chargeable for the de-
linquent's support, and the court may make such orders as to
reimbursement to the town of residence as may be reasonable
and just.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 23, 1943.]
CHAPTER 26.
AN ACT RELATIVE TO REINSTATEMENT OP CERTAIN LICENSES
AFTER SERVICE IN THE ARMED FORCES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Reinstatement of Licenses. Any licensee who has
served in the military or naval forces of the United States
during the present war, if application therefor shall be made
1943] Chapter 27 35
within one year after the termination of such service by honor-
able discharge, shall be entitled to have his license reinstated
without further examination or other requirements, provided
that he is not incapacitated from performing the work per-
mitted by such license. The payment of all fees and penalties
for such licenses shall be tolled for the period of his service
and until the license is reinstated as provided hereunder.
Nothing herein shall be construed to authorize any such per-
son to exercise any rights under his license after the date of its
expiration, by law, and prior to its reinstatement as provided
herein.
2. Definitions. The term "licensee" as used herein shall
mean any person who has, at the time of his entrance into
military or naval service, a license in good standing from any
one of the following named boards : State board of registration
of funeral directors and embalmers; board of chiropractic
examiners; board of registration in optometry; state board of
examiners in chiropody; barbers' examining and licensing
board; board of registration of hairdressers; New Hampshire
state dental board; commission of pharmacy and practical
chemistry; board of veterinary examiners. The term "military
and naval forces" as used herein shall be construed to include
the marine corps, coast guard, or any woman's auxiliary serv-
ices to the armed forces the members of which are subject to
and under military law.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 23, 1943.]
CHAPTER 27.
AN ACT RELATIVE TO THE POWERS OF THE MAINE-NEW
HAMPSHIRE INTERSTATE BRIDGE AUTHORITY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Maine-New Hampshire Interstate Bridge Authority.
Amend the division numbered (6) of section 6 of chapter 4
of the Laws of special session 1936 by striking out said division
and inserting in place thereof the following: (6) to acquire in
the name of the Authority by purchase, condemnation, lease
36 Chapter 28 [1943
or otherwise, any real property and rights or easements
therein, deemed by it necessary or desirable for its purposes,
and to use such property; and to dispose of such real estate
holdings as the Authority shall deem unnecessary for the
maintenance of the services authorized herein.
2. Takes Effect. This act shall take effect when a similar
act has been approved by the legislature of the state of Maine.
[Approved February 23, 1943.]
CHAPTER 28.
AN ACT AUTHORIZING THE APPOINTMENT OF ASSISTANT
ELECTION OFFICIALS IN CERTAIN CASES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Town Meetings. Amend chapter 34 of the Revised
Laws by inserting after section 90 the following new section:
90-a. Assistant Election Officials. In any town which has
voted to adopt an official ballot for the election of its town
officers, the selectmen, upon the request of the moderator, may
appoint an assistant moderator, assistant town clerk and such
other election officials, if any, as are deemed necessary. Said
assistant moderator and other election officials shall perform
such duties and have such powers as the moderator may dele-
gate to them, provided that the power of receiving ballots cast
shall be granted only to the assistant moderator and, provided,
further, that said assistant moderator and said other election
officials shall not be authorized to make any declaration of the
vote cast for any officials.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 23, 1943.]
1943] Chapters 29, 30 37
CHAPTER 29.
AN ACT RELATING TO THE TRANSFER OF PART INTEREST IN
POLES BY PUBLIC UTILITIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Transfer of Part Interest in Poles. Amend section 28
of chapter 289 of Revised Laws by adding at the end thereof
the following: The commission may, by general order, author-
ize a public utility to transfer to another public utility a
part interest in poles and their appurtenances for the pur-
pose of joint use by such public utilities; so that said section
as amended shall read as follows : 28. Public Utility Leases,
etc. Any public utility may transfer or lease its franchise,
works or system, or any part of such franchise, works or
system, exercised or located in this state, or contract for
the operation of its works and system located in this state,
when the commission shall find that it will be for the public
good and shall make an order assenting thereto, but not
otherwise. The commission may, by general order, authorize
a public utility to transfer to another public utility a part
interest in poles and their appurtenances for the purpose of
joint use by such public utilities.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 23, 1943.]
CHAPTER 30.
AN ACT RELATIVE TO EXEMPTION FROM TRUSTEE PROCESS.
Be it enacted by the Senate and House of Representatives m
General Court convened:
1. Trustee Process. Amend section 21, paragraph II, of
chapter 412 of the Revised Laws, by striking out said para-
graph and inserting in place thereof the following : II. Wages
of the defendant earned before the service of the writ upon
the trustee, to the amount of twenty dollars for each week,
except that only an amount up to ten dollars for each week
shall be exempt in actions brought to recover for necessaries
furnished to the defendant or any of his family. The employer
38 Chapters 31, 32 [1943
shall pay said exempted amounts to the employee on the usual
pay day, unless other cause exists prohibiting such payment.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 28, 1943.]
CHAPTER 31.
AN ACT RELATING TO HOURS OF LABOR.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Hours of Labor. Amend section 1, chapter 212, of the
Revised Laws, by inserting after the words "farm labor" in
the ninth line the words, or canning of perishable vegetables
and fruit, so that said section as amended shall read: 1.
Females; Minors. No female, or minor under eighteen years
of age, shall be employed or permitted to work at manual or
mechanical labor in any manufacturing establishment more
than ten hours in any one day, or more than forty-eight hours
in any one week. No female, or minor under eighteen years
of age, shall be employed or be permitted to work at manual or
mechanical labor in any other employment, except household
labor and nursing, domestic, hotel and cabin including dining
and restaurant service operated in connection therewith and
incidental thereto, and boarding house labor, operating in
telegraph and telephone offices and farm labor, or canning of
perishable vegetables and fruit, more than ten and one-quarter
hours in any one day, or more than fifty-four hours in any one
week.
2. Takes Effect. This act shall take effect July 1, 1943.
[Approved February 24, 1943.]
CHAPTER 32.
AN ACT RELATIVE TO THE MEMBERSHIP OF THE STATE BOARD OF
EDUCATION.
Be it enacted by the Senate and Hov^e of Representatives in
General Court convened:
1. State Board of Education. Amend section 1 of chapter
134 of the Revised Laws by striking out said section and in-
1943] Chapter 33 39
serting in place thereof the following: 1. Membership.
There shall be a state board of education, consisting of the
governor, ex officio, and seven members who shall serve with-
out pay. The members shall not be technical educators nor
professionally engaged in school work. Each appointive mem-
ber shall hold office until his successor is appointed and quali-
fied, as provided in the following sections.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 24, 1943.]
CHAPTER 33.
AN ACT RELATIVE TO THE RECORDING OP THE ANNUAL INVOICE
OF PROPERTY FOR TAXATION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Assessment of Taxes. Amend section 5 of chapter 77
of the Revised Laws by striking out said section and inserting
in place thereof the following: 5. Record. A fair record
shall be made of every invoice taken by the selectmen, and of
all taxes by them assessed, in a book of records of the doings
of the selectmen in their office, which shall be the property of
the town; and a copy thereof shall within thirty days after
said invoice has been completed be left with the town clerk,
or the original invoice and assessment shall be so left and
recorded by him, and both records shall be open to the inspec-
tion of all persons. The record of real estate shall contain the
name of the owner, if known ; otherwise the name of the origi-
nal owner, if known ; the number of the lot and range, if lotted,
otherwise such description as the land may readily be known
by; the number of acres, if known; and the amount of taxes
assessed thereon.
2. Repeal. Section 8 of chapter 77 of the Revised Laws,
relative to record of real estate taxes, is hereby repealed.
3. Record. Amend section 19, chapter 80 of the Revised
Laws, by striking out the word "listed" in the fifth line and
inserting the words, recorded by the selectmen, so that said
section as amended shall read as follows : 19.* Notice of Sale.
The collector shall give notice of every sale by posting adver-
tisements thereof in two or more public places in the town at
• See also pages 181, 182, f^ost.
40 Chapter 34 [1943
least four weeks before the sale, in which shall be stated the
name of the owner or of the person to whom the same was
taxed, the description of the property as recorded by the
selectmen, the amount of the tax, and the place, day and hour
of the sale. He shall also, at the same time, send a like notice
by registered mail to the last known post-office address of the
owner and of the person against whom the tax is assessed.
4. Description of Property. Amend section 24 of chapter
80 of the Revised Laws by striking out the words "said list"
in the seventh line and inserting in place thereof the words,
the record of the selectmen, so that said section as amended
shall read as follows : 24.* Report of Sale. Each tax col-
lector, within six days after selling any real estate for taxes,
shall deliver or forward by registered mail to the register of
deeds for the county in which the real estate is situated a
statement of the follov/ing facts relating to each parcel of real
estate sold, certified by him under oath to be true: To whom
the real estate was taxed, as it appears in the tax list com-
mitted to him; the description of the property as it appears
in the record of the selectmen ; the amount of taxes for which
the sale was made and the person against whom they were
assessed ; the date of the sale ; the name of the purchaser ; the
sum paid or to be paid by the purchaser; a description of the
parcel or interest sold; and a statement of the officer's fees
and expenses in giving notices, making the sale and delivering
the same to the register, which statements shall be recorded
and indexed by the register as provided in section 29.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 34.
AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR INDUCTEES,
IN TIME OF WAR.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Town Appropriations. Amend section 4 of chapter 51
of the Revised Laws by adding at the end thereof the follow-
ing new paragraph: XXXIL Inductees. To contribute
toward the expense of entertainments for men of that town
•See also pages 181, 182, post.
1943] Chapter 35 41
at the time of their induction into the armed forces of the
United States in time of war.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 35.
AN ACT RELATING TO SCHOLARSHIPS FOR ORPHANS OF WORLD
WAR I VETERANS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Purpose. The sums appropriated under the provisions
of this act shall be used for the sole purpose of contributing
to the payment of board, room rent, books and supplies, at
state institutions of secondary or college grade, of children,
between the ages of sixteen and twenty-one years, whose
fathers were enlisted or inducted from the state of New
Hampshire, served in the army, navy or marine corps of the
United States from April 6, 1917 to July 2, 1921, and who
have since died from service connected disabilities so rated
by the federal government.
2. Tuition. Said children shall be admitted to state in-
stitutions of secondary or college grade free of tuition.
3. Payments from Fund. The amounts that may be or
may become due to any educational or training institution, not
in excess of the amount specified in section 4 hereof, shall be
payable to such institution from the fund hereby created on
vouchers approved by the state board of education. Said board,
before approving such vouchers shall determine the eligibility
of the children who may make application for the benefits
provided for in this act, shall satisfy itself that without the
financial assistance provided for in this act such children would
be unable to attend such institution and shall satisfy itself of
the accuracy of the charge or charges submitted to said board
by the authorities of any such institution, on account of the
attendance thereat of any such children; provided that no
member of said board shall receive any compensation for such
services.
4. Appropriation. The sum of seven hundred and fifty
dollars, or so much thereof as may be necessary, is hereby ap-
42 ' Chapter 36 [1943
propriated for the fiscal year ending June 30, 1943, and annu-
ally thereafter for carrying out the provisions of this act;
provided that not more than one hundred and fifty dollars
shall be paid under said provisions for any one child for any
one year; and provided that no individual shall be eligible to
receive the benefits provided for by this act for a period of
more than four years.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 36.
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 40 of the Revised Laws
by striking out the whole of sections 3 and 4 and inserting in
place thereof the following: 3. Apportionment. Until an-
other general census of the state is taken and officially pro-
mulgated, the following named towns and wards may send
representatives to the general court under the authority of
the constitution as follows:
One representative each from Allenstown, Alton, Amherst,
Andover, Antrim, Ashland, Auburn, Barnstead, Barrington,
Bartlett, Bath, Bedford, Belmont, Bethlehem, Boscawen,
Bow, Brentwood, Bristol, Campton, Canaan, Candia, Charles-
town, Chester, Concord ward 2, Concord ward 3, Concord ward
8, Cornish, Deerfield, Dover ward 5, Durham, Enfield, Epping,
Epsom, Fitzwilliam, Franklin ward 1, Gilford, Gilmanton,
Greenland, Greenville, Hampstead, Henniker, Hinsdale, Holder-
ness, Hollis, Hopkinton, Jefferson, Kingston, Laconia ward 1,
Laconia ward 3, Lincoln, Londonderry, Loudon, Lyme, Marl-
borough, Merrimack, Milan, Milton, Moultonborough, New
Boston, New Hampton, New Ipswich, New London, Newton,
Northfield, North Hampton, Northwood, Orford, Ossipee, Pel-
ham, Pittsburg, Plainfield, Plaistow, Portsmouth ward 4, Ports-
mouth ward 5, Raymond, Rochester ward 1, Rochester ward 3,
Rochester ward 5, Rollinsford, Rumney, Rye, Sandwich, Sea-
brook, Somersworth ward 1, Somersworth ward 2, Somers-
1943] Chapter 36 43
worth ward 3, Somersworth ward 4, Somersworth ward 5,
Stewartstown, Strafford, Stratford, Sunapee, Tamworth, Til-
ton, Troy, Wakefield, Warner, Warren, Weare, Westmoreland,
Whitefield, Wilton, Woodstock.
Two representatives each from Colebrook, Concord ward 1,
Concord ward 5, Concord ward 9, Dover ward 1, Dover ward 3,
Farmington, Franklin ward 2, Franklin ward 3, Gorham,
Hampton, Hillsborough, Hooksett, Hudson, Jaffrey, Keene
ward 2, Keene ward 3, Keene ward 4, Keene ward 5, Laconia
ward 2, Laconia ward 4, Laconia ward 5, Laconia ward 6, Lan-
caster, Lisbon, Manchester ward 9, Meredith, Nashua ward 2,
Nashua ward 3, Nashua ward 4, Nashua ward 9, Newmarket,
Northumberland, Pembroke, Peterborough, Pittsfield, Ply-
mouth, Portsmouth ward 3, Rochester ward 2, Rochester ward
4, Rochester ward 6, Salem, Swanzey, Walpole, Winchester,
Wolfeboro.
Three representatives each from Berlin ward 2, Berlin ward
3, Concord ward 4, Conway, Dover ward 2, Dover ward 4,
Goffstown, Hanover, Haverhill, Keene ward 1, Littleton, Man-
chester ward 1, Manchester ward 4, Manchester ward 10, Man-
chester ward 11, Manchester ward 14, Milford, Nashua ward
1, Nashua ward 5, Nashua ward 6, Nashua ward 7, Portsmouth
ward 1, Portsmouth ward 2.
Four representatives each from Berlin ward 1, Berlin ward
4, Concord ward 6, Concord ward 7, Derry, Exeter, Manchester
ward 2, Manchester ward 3, Manchester ward 8, Manchester
ward 12, Manchester ward 13, Nashua ward 8, Newport.
Five representatives from Manchester ward 7.
Six representatives each from Lebanon, Manchester ward 5,
Manchester ward 6.
Nine representatives from Claremont.
4. Part Time. The following named towns, according to
the census of 1940, having less than the number of inhabitants
necessary to entitle such towns to one representative and hav-
ing a right under the constitution to elect a representative
such proportional part of the time as the number of its inhabi-
tants shall bear to the requisite number established for one
representative ; and such other towns having a right under the
constitution to elect a representative at least once in every ten
years, may elect one representative in each of the years set
opposite their names in the following list:
Grafton 1944 1946 1948 1950
Tuftonboro 1944 1946 1948 1950
44
Chapter 36
Alstead
1944
1948
1950
Bennington
1944
1948
1950
Bradford
1944
1948
1950
Brookline
1944
1948
1950
Canterbury
1944
1948
1950
Chesterfield
1944
1948
1950
Chichester
1944
1948
1950
Dalton
1944
1948
1950
Danbury
1944
1948
1950
Dublin
1944
1948
1950
Franconia
1944
1948
1950
Fremont
1944
1948
1950
Hancock
1944
1948
1950
Madison
1944
1946
1950
Rindge
1944
1948
1950
Sanbornton
1944
1948
1950
Stratham
1944
1948
1950
Sutton
1944
1948
1950
Unity
1944
1948
1950
Windham
1944
1948
1950
Acworth
1946
1950
Alexandria
1944
1948
Atkinson
1946
1950
Carroll
1946
1950
Center Harbor
1944
1948
Columbia
1946
1950
Croydon
1944
1948
Danville
1946
1950
Deering
1944
1948
Dunbarton
1946
1950
Dummer
1944
1948
East Kingston
1946
1950
Effingham
1944
1948
Francestown
1944
1948
Freedom
1944
1948
Gilsum
1946
1950
Goshen
1944
1948
Grantham
1944
1948
Greenfield
1944
1948
Hampton Falls
1946
1950
Harrisville
1946
1950
Hill
1946
1950
Jackson
1944
1948
[1943
1943]
Chapter 36
Kensington
1946
1950
Landaff
1944
1948
Langdon
1944
1948
Lee
1946
1950
Lempster
1944
1948
Litchfield
1944
1948
Lyman
1944
1948
Lyndeborough
1946
1950
Madbury
1944
1948
Marlow
1944
1948
Monroe
1946
1950
Mont Vernon
1944
1948
Nelson
1944
1948
Newbury
1946
1950
New Castle
1946
1950
New Durham
1946
1950
Newfields
1946
1950
Newington
1946
1950
Nottingham
1946
1950
Piermont
1946
1950
Richmond
1944
1948
Salisbury
1944
1948
Sandown
1944
1948
South Hampton
1944
1948
Springfield
1944
1948
Stark
1944
1948
Thornton
1946
1950
Washington
1944
1948
Webster
1944
1948
Wentworth
1946
1950
Wilmot
1946
1950
Albany
1946
Benton
1946
Bridgewater
Brookfield
1946
1946
Chatham
1946
Clarksville
1946
Dorchester
1946
Easton
1946
Eaton
1946
Ellsworth
1950
Errol
1946
45
46
Chapter 37
Groton
1946
Hart's Location
1950
Hebron
1946
Livermore
1950
Mason
1946
Middleton
1946
Millsfield
1948
Orange
1946
Randolph
1946
Roxbury
1946
Sharon
1946
Shelburne
1946
Stoddard
1946
Sullivan
1946
Surry
1946
Temple
1946
Waterville
1950
Wentworth's Location
1946
Windsor
1950
[1943
2. Election of Representatives. Amend chapter 40 of the
Revised Laws by inserting- after section 4 the following new
section: 4-a. Basis for Apportionment. The basis for the
apportionment of representatives as provided in sections 3 and
4 is that of one representative from any town or ward having
six hundred and eighty-five inhabitants, with particular ad-
justments because of the fact that the apportionment for the
1943 legislature had been made previous to the enactment of
the 1943 statute.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 37.
AN ACT RELATING TO POWERS AND DUTIES OF TOWNS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Towns. Amend section 5 of chapter 51 of the Revised
Laws by inserting after the word "appropriated" in the second
line thereof the following words, or shall any appropriation
1943] Chapter 38 47
previously made be reduced or rescinded, so that said section
as amended shall read as follows: 5. Appropriations at
Special Meetings. No money shall be raised or appropriated
or shall any appropriation previously made be reduced or re-
scinded at any special town meeting except by vote by ballot,
nor unless the ballots cast at such meeting- shall be equal in
number to at least one half of the number of legal voters borne
on the check-list of the town at the annual or biennial election
next preceding such special meeting; and such check-list shall
be used at any meeting upon the request of ten legal voters of
the town. This section shall not apply to money to be raised
for the public defense or any military purpose in time of war.
In case an emergency arises requiring an immediate expendi-
ture of money, the selectmen may petition the superior court
for permission to hold a special town meeting which, if
granted, shall give said meeting the same authority as that of
an annual town meeting.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 38.
AN ACT RELATING TO THE PACKAGING OF LIQUOR.
Be it enacted by the Senate ayid House of Representatives in
General Court convened:
1. Spirituous Liquors. Amend section 16 of chapter 170 of
the Revised Laws by striking out the words: "Each package
shall have the price fixed by the commission stamped clearly
thereon", so that said section as amended shall read as fol-
lows : 16. Packages. All liquor sold in state stores shall be
sold for consumption off the premises. Such liquor shall be in
packages, sealed with the seal of the commission, containing
such quantity as said commission shall prescribe; and the
commission is authorized to prescribe the form of bottle and
package, and to bottle such liquor as it may deem necessary
and proper. The price of all liquor sold shall be sufficient to
pay for the cost of the liquor purchased, plus the operating
expenses of the state stores, plus a proportionate part of the
overhead expenses of the commission, plus an additional
48 Chapter 39 [1943
charge ; all to be determined by the commission. Purchases of
liquor shall be made on requisition in such form as the commis-
sion may prescribe. Said commission is hereby authorized to
limit the amount of liquor which may be purchased by any
person at any one time and liquor sold in a state store shall not
be consumed in any public place.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 39.
AN ACT RELATIVE TO TERMS OF OFFICE OF THE HEADS OF
CERTAIN DEPARTMENTS.
Be it enacted by the Senate and House of Representatives iyi
General Court convened:
1. Construction of Statutes. Amend chapter 7 of the Re-
vised Laws by adding after section 34 the following new sec-
tion: 34-a. Filling- Vacancy. The term "vacancy shall be
filled for the unexpired term", when used in connection with
appointments to the state service by the governor and council
shall be construed to mean that the successor shall be com-
missioned for a term equal in length to the unexpired balance
of the term of his predecessor and where an appointee has held
over beyond the expiration date of his commission, so far as
the appointment of a successor is concerned, a vacancy shall
be deemed to have been created.
2. Adjustment of Terms of Office. In cases where the
terms of office of the members of any permanent state board,
commission or committee do not expire in successive years, the
governor, with the advice and consent of the council may in
making any appointment or filling any vacancy to such office,
appoint any person for a period less than the full term in
order to adjust the commissions of each member so that their
terms of office will expire in successive years.
3. Vacancy Filled for Unexpired Term. Vacancies in the
office of the commissioner of agriculture as established by sec-
tion 3 of chapter 223 of the Revised Laws, in the membership
of the athletic commission as established by section 1 of chap-
ter 172 of the Revised Laws, in the office of the bank commis-
sioner and deputy bank commissioner as established by section
1943] Chapter 39 49
1 of chapter 307 of the Revised Laws, in the membership of
the board of registration of hairdressers as established by
section 2 of chapter 157 of the Revised Laws, in the office of
the highway commissioner as estabhshed by section 2 of chap-
ter 99 of the Revised Laws, in the office of insurance commis-
sioner as estabhshed by section 1 of chapter 321 of the Revised
Laws, in the office of commissioner of motor vehicles as estab-
lished by section 1 of chapter 115 of the Revised Laws, in the
membership of the planning and development commission as
established by section 40 of chapter 27 of the Revised Laws, in
the office of commissioner of weights and measures as estab-
lished by section 2 of chapter 192 of the Revised Laws, shall
be filled for the unexpired term of such offices.
4. Holding Office Beyond Term. The members of the
barbers' examining and licensing board, as established by
chapter 158 of the Revised Laws, the members of the board
of chiropractic examiners, as established by chapter 252 of the
Revised Laws, the members of the forestry and recreation
commission, as established by chapter 233 of the Revised
Laws, and the appointive members of the teachers' retirement
board, as established by chapter 136 of the Revised Laws, shall
each hold office until his successor is duly appointed and quali-
fied.
5. Filling Unexpired Term. The members of the advisory
board of the department of agriculture, as established by
chapter 223 of the Revised Laws, the members of the New
Hampshire shore and beach preservation and development
commission, as established by chapter 5 of the Revised Laws,
the comptroller, as established by chapter 23 of the Revised
Laws, and the superintendent of state police as established by
chapter 145 of the Revised Laws shall each hold office until his
successor is duly appointed and qualified and any vacancy in
any of said offices shall be filled for the unexpired term.
6. The Attorney General. Amend section 1 of chapter 24
of the Revised Laws by striking out said section and inserting
in place thereof the following: 1. Appointment. There
shall be an attorney general, to be appointed by the governor
and council in the manner provided by the constitution. His
term of office shall be five years and until his successor is
appointed and qualified. Any vacancy in the office shall be
filled for the unexpired term.
7. The Assistant Attorney General. Amend section 14 of
chapter 24 of the Revised Laws by striking out said section
50 Chapter 40 [1943
and inserting in place thereof the following: 14. Appoint-
ment; Removal; Vacancy. The governor, with the advice and
consent of council shall appoint an assistant attorney general,
who shall hold office for a term of five years and until his suc-
cessor is appointed and qualified. The governor and council
may remove the assistant attorney general at any time for
proper cause. Any vacancy in the office shall be filled for the
unexpired term.
8. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 40.
AN ACT RELATING TO THE SALARY OF THE SOLICITOR OF
BELKNAP COUNTY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Salary of Solicitor of Belknap County. Amend section
20, chapter 24 of the Revised Laws by striking out the word
"nine" after the word "Belknap" in the fifth line and inserting
in place thereof the word, twelve, so that said section as
amended shall read as follows: 20.* Salaries. The annual
salaries of the solicitors in the several counties shall be as
follows :
In Rockingham, fifteen hundred dollars.
In Strafford, twelve hundred dollars.
In Belknap, twelve hundred dollars.
In Carroll, eight hundred dollars.
In Merrimack, twelve hundred and fifty dollars.
In Hillsborough, twenty-five hundred dollars.
In Cheshire, twelve hundred dollars.
In Sullivan, twelve hundred dollars.
In Grafton, twelve hundred dollars.
In Coos, fifteen hundred dollars.
2. Takes Eft'ect. This act shall take eflfect as of January
1, 1943.
[Approved March 3, 1943.]
* See also chapter 136, post.
1943] Chapters 41, 42 51
CHAPTER 41.
AN ACT RELATIVE TO DISCONTINUANCE OF HIGH SCHOOLS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. High Schools. Amend section 34 of chapter 138 of the
Revised Laws by striking out said section and inserting in
place thereof the following: 34. Discontinuance. No high
school shall be discontinued, or the location thereof be
changed, except by the superior court, on petition of twenty
or more legal voters of the town or district in which such
high school is located, in addition to a majority of the school
board for said town or district, after such notice as the court
may order and proof that the educational interests of the
town or district require such discontinuance or change.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 42.
AN ACT CHANGING THE TITLE OF THE ADMINISTRATIVE OFFICER
OF THE STATE COUNCIL OF DEFENSE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Council of Defense. Amend section 5 of chapter
146 of the Revised Laws by striking out the words "an execu-
tive secretary" in the first and second lines and inserting in
place thereof the words, a director, so that said section as
amended shall read as follows: 5. Director, Assistants, Ex-
penditures. The council is authorized to employ a director and
such clerical and other personnel 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 coun-
cil, as may be necessary to carry out the purposes of this
chapter.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
52 Chapters 43, 44 [1943
CHAPTER 43.
AN ACT RELATIVE TO PAROLED PRISONERS IN THE ARMED SERVICE
OF THE UNITED STATES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Parole of Prisoners. Amend chapter 429 of the Revised
Laws by inserting after section 40 the following new section:
40-a. Suspension of Supervision. In the case of a paroled
prisoner who has entered the armed service of the United
States, the board of parole may suspend all parole supervision
of said person during the period he so serves and is subject to
military law. Upon the termination of such service by honor-
able discharge said board may, in its discretion, give to said
prisoner a final discharge.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 44.*
AN ACT RELATIVE TO A GIFT TO THE STATE OF THE BEAR BROOK
AREA.
Whereas, in accordance with the provisions of an act of the
Congress of the United States (Public Law 594 — 77th Con-
gress) The Secretary of the Interior of the United States has
proposed to convey to the state of New Hampshire certain
lands and property situated in the towns of Allenstown, Deer-
field, Candia and Hooksett, known as the Bear Brook area,
which have been developed by the United States as a recrea-
tional demonstration project, under the following conditions:
I. The state of New Hampshire shall use the property
conveyed exclusively for public park, recreational and con-
servation purposes, and
II. The title to said property shall revert to the United
States upon a finding by the Secretary of the Interior, after
notice to the state of New Hampshire and after an opportunity
for a hearing, that said state has not complied with the con-
ditions of the gift during a period of more than three years,
which finding shall be final and conclusive.
* See also chapter 158, post.
1943] Chapter 45 53
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 the Bear Brook area from the United States
of America 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 grantor of said
property subject to said terms and conditions.
2. Application of Laws. The limitations contained in sec-
tion 13 of chapter 234 of the Revised Laws shall not be con-
strued as applying to the use of buildings on said Bear Brook
area.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 45.
AN ACT RELATIVE TO LEGAL CUSTODY OF PAROLED PRISONERS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Paroled Prisoners. Amend section 27 of chapter 429 of
the Revised Laws by striking out said section and inserting in
place thereof the following: 27. Legal Custody; Reporting.
One of the terms of the permit in each case shall be that the
released prisoner shall remain in the legal custody of the state
board of parole, hereinafter provided for. The permit shall
also provide that said prisoner shall report to the state parole
officer at such stated intervals as the board shall determine to
be proper.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
54 Chapters 46, 47 [1943
CHAPTER 46.
AN ACT RELATIVE TO NONRESIDENT STUDENTS AT THE
UNIVERSITY OF NEW HAMPSHIRE.
Be it enacted bij the Senate and House of Representatives in
General Court convened:
1. University of New Hampshire. The provisions of sec-
tion 23 of chapter 222 of the Revised Laws placing restrictions
upon the number of new students entering the university from
certain states are hereby suspended for two years from the
date of the passage of this act.
2. Takes Effect. This act shall take effect as of July 1,
1943.
[Approved March 3, 1943.]
CHAPTER 47.
AN ACT CHANGING THE SECONDARY STATE HIGHWAY SYSTEM
IN THE TOWNS OF DERRY AND WINDHAM.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Windham Bridge Street Extension. Bridge Street Ex-
tension from Windham Depot in the town of Windham to the
junction of Route 28 (Rockingham Road) at Kendall Pond
Road in the town of Derry is hereby classified as a class IIA
highway and the designation of said highway on the plan
shown upon a map filed in the office of the secretary of state
and designated "Secondary State Highway System 1937", as
provided in section 35, chapter 100 of the Revised Laws, is
changed in accordance herewith.
2. Windham Junction Road. Windham Junction Road from
the Windham-Derry town line to Route 28 (Rockingham Road)
in the town of Derry, is hereby classified as a class V highway
and the designation of said highway on the plan referred to in
section 1 of this act is changed in accordance herewith.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
1943] Chapter 48 55
CHAPTER 48.
AN ACT RELATING TO VIOLATIONS OF LIQUOR LAWS.
Be it enacted hy the Senate ami House of Representatives in
General Court convened:
1. Violations of Liquor Laws. Amend section 48 of chap-
ter 170 of the Revised Laws by striking out said section and
inserting in place thereof the following: 48. Penalties.
Whoever violates any of the provisions of this subdivision or
any of the rules and regulations promulgated pursuant thereto
shall be fined not more than five hundred dollars or be im-
prisoned for not more than six months, or both, in the dis-
cretion of the court. If any licensee is convicted of a violation
of the provisions of this subdivision or any of the rules and
regulations promulgated pursuant hereto the court may in its
discretion immediately declare his license suspended or re-
voked for a period not to exceed one year, and shall notify the
commission accordingly, and no license shall thereafter be
granted to him during said period so determined by the court.
In case of appeal the license of such licensee may be suspended
in the discretion of the commission during the pendency of
such appeal.
2. Violations of Beverage Laws. Amend section 86 of said
chapter 170 by striking out said section and inserting in place
thereof the following : 86. Penalties. Whoever violates any
of the provisions of this subdivision or any of the rules and
regulations promulgated pursuant thereto shall, upon convic-
tion thereof by a court of competent jurisdiction, be fined not
more than five hundred dollars or be imprisoned for not more
than six months, or both, in the discretion of the court. If
any permittee is convicted of a violation of the provisions
hereof or any of the rules and regulations promulgated pur-
suant thereto, the court may in its discretion immediately
suspend or revoke his permit for a period not to exceed one
year and shall notify the commission accordingly and no per-
mit shall thereafter be granted to him during said period so
determined by the court. Any permittee who shall sell or
permit the sale on his premises or in connection with his
business or otherwise of any alcoholic beverages not authorized
under the terms hereof, unless otherwise permitted by law.
56 Chapter 49 [1943
shall upon conviction thereof forfeit his permit in addition to
any punishment imposed by the law for such offense.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 4, 1943.]
CHAPTER 49.
AN ACT RELATING TO OBSERVANCE OF THE LORD'S DAY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Sunday Sports. Amend section 5 of chapter 448 of the
Revised Laws by inserting after the word "town" in the sec-
ond line the words, or the city council of any city, and by strik-
ing out the word "six" in the eleventh line and inserting in
place thereof the word, two, so that said section as amended
shall read as follows : 5. Exceptions. Nothing in this chap-
ter shall prevent the selectmen of any town, or the city council
of any city, from adopting by-laws and ordinances permitting
and regulating retail business, plays, games, sports, and ex-
hibitions on the Lord's Day, provided such by-laws and ordi-
nances are approved by a majority vote of the legal voters
present and voting at the next regular election. But no such
by-laws or ordinances shall permit public dancing, horse racing,
or prize fights at any time on the Lord's Day, or the games
of baseball, hockey, or football, or any games, sports, or ex-
hibitions of physical skill at which admission is charged or
donations accepted, to be held earlier than one o'clock in the
afternoon, or the opening of theatrical or vaudeville perform-
ances or motion pictures earlier than two o'clock in the
afternoon.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 4, 1943.]
1943] Chapters 50, 51 57
CHAPTER 50.
AN ACT PROVIDING FOR THE OPTIONAL DESTRUCTION OF BLOOD
TEST CERTIFICATES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Blood Test for Marriage Certificates. Amend section 25
of chapter 338 of the Revised Laws by adding at the end
thereof the words: Such statement and record shall be re-
tained for a period of two years after the date thereof, after
which it may be destroyed at the option of the official having
custody thereof, so that said section as amended shall read as
follows : 25. Confidential Report, Optional Destruction. The
statement and record required by section 23 shall be treated
as a confidential report and shall not be considered as part of
the marriage record. Such statement and record shall be
retained for a period of two years after the date thereof, after
which it may be destroyed at the option of the official having
custody thereof.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 4, 1943.]
CHAPTER 51.
AN ACT RELATIVE TO HOUSE BOATS IN SQUAM LAKE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Squam Lake. No person shall at any time place in or
upon, or use, or operate upon, Squam Lake any house boat.
Whoever violates any provision of this act shall be fined not
more than fifty dollars. Board of health and health officers of
towns abutting said lake shall have power and authority to
enforce the provisions hereof.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 4, 1943.]
58 Chapters 52, 53 [1943
CHAPTER 52.
AN ACT RELATIVE TO PAYMENT OF POLL TAX AS A PREREQUISITE
FOR FISHING, HUNTING, OR TRAPPING LICENSES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Hunting, Fishing, and Trapping Licenses. Amend sec-
tion 4 of chapter 247 of the Revised Laws by striking out said
section and inserting in place thereof the following: 4. Pay-
ment of Poll Tax Required. Every applicant for a resident
license, under the provisions of this subdivision, shall furnish
to the issuing officer a tax collector's receipt for the payment
of his poll tax for the preceding year, or make oath that he has
either paid said tax or has been relieved from such payment
because of exemption or abatement. Provided, however, that
a license may be issued if the selectmen or assessors certify
that in their opinion the applicant should be granted such
license even though he has not paid the tax.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
CHAPTER 53.
AN ACT RELATIVE TO TEMPORARY DISQUALIFICATION OF
SUPERVISORS OF THE CHECK-LIST IN CERTAIN CASES.
Be it enacted by the Senate and Hou^e of Representatives in
General Court convened:
1. Supervisors of the Check-list. Amend chapter 32 of the
Revised Laws by inserting after section 4 the following new
section: 4-a. Temporary Disqualification. No supervisor
shall participate in the correction of the check-list or in the
sessions for such correction, if such check-list is to be used, at
any election or primary in which such supervisor is a candi-
date for election or nomination to any public office, except as
supervisor of the check-list. In case any supervisor shall be
temporarily disqualified, as herein provided, his place shall be
supplied for the duration of his disqualification in the manner
provided in section 4 for filling vacancies, provided that in fill-
ing such temporary vacancy the appointee shall be of the
1943] Chapter 54 59
same political party as the supervisor whose place he is tem-
porarily filling, and provided further that said appointee shall
not hold said office after the election where the supervisor was
disqualified.
2. Application of Act. The provisions of this act shall
apply to all cities and towns and any provision of any city
charter inconsistent with the provisions hereof is hereby re-
pealed to the extent of said inconsistency.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
CHAPTER 54.
AN ACT TO REGULATE THE LABELING, SALE AND OFFERING OR
EXPOSING FOR SALE, OF AGRICULTURAL AND VEGETABLE SEEDS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. New Hampshire Seed Law. Amend chapter 224 of the
Revised Laws by striking out said chapter and inserting in
place thereof the following new chapter :
Chapter 224
Agricultural and Vegetable Seeds
1. Definitions. Terms used in this chapter shall be con-
strued as follows:
I. The term "agricultural seeds" shall include the seeds
of grass, forage, cereal and fiber crops and any other kinds of
seeds commonly recognized within this state as agricultural or
field seeds, and mixtures of such seeds.
II. The term "vegetable seeds" shall include the seeds of
those crops which are grown in gardens or on truck farms and
are generally known and sold under the name of vegetable
seeds in this state.
III. The term "weed seeds" shall include the seeds of all
plants generally recognized as weeds within this state, and
shall include noxious weed seeds.
IV. Noxious weed seeds shall be divided into two
classes, "primary noxious weed seeds" and "secondary noxious
weed seeds" as herein defined ; provided, that the commissioner
60 Chapter 54 - [1943
of agriculture may add to or subtract from the list of seeds in-
cluded under either definition whenever he finds that such
additions or subtractions are within the respective definitions.
V. "Primary noxious weed seeds" shall include the seeds
of perennial weeds such as those that reproduce and spread by
underground roots or stems as well as by seed, and which,
when established, are highly destructive and difficult to con-
trol in this state by ordinary good cultural practice. Primary
noxious weed seeds in this state are the seeds of: Canada
thistle (Cirsium arvense), field bindweed (Convolvulus arven-
sis) , and quackgrass (Agropyron repens) .
VI. "Secondary noxious weed seeds" shall include the
seeds of such weeds as are very objectionable in field, lawns,
or gardens of this state, but can be controlled by good cultural
practices. The secondary noxious weed seeds in this state are
the seeds of: dodder (Cuscuta spp.) and crab grass (Digitaria
sanguinalis) .
VII. The term "labeling" includes all labels, and other
written, printed, or graphic representations, in any form what-
soever, accompanying and pertaining to any seed whether in
bulk or in containers, and includes invoices.
VIII. The term "advertisement" means all representa-
tions, other than those on the label, disseminated in any man-
ner or by any means, relating to seed within the scope of this
chapter.
2. Label Requirement. Each separate container of agri-
cultural or vegetable seed, including seeds in small packets,
which is sold, offered for sale, or exposed for sale, within this
state for sowing purposes shall bear thereon or have attached
thereto in a conspicuous place a plainly written or printed label
or tag in the English language, giving the information as set
forth in sections 3 and 4.
3. Agricultural Seeds. For agricultural seeds the follow-
ing is required :
I. Commonly accepted name of kind, or kind and variety,
of each agricultural seed component in excess of five per cent
of the whole and the percentage by weight of each. Where
more than one component is required to be named, the word
"mixture" or "mixed" shall be associated with the name on the
label.
II. Lot number or other lot identification,
III. Origin, if known, of alfalfa, red clover and field corn
1943] Chapter 54 61
(except hybrid corn) . If the origin is unknown, that fact shall
be stated.
IV. Percentage by weight of all weed seeds, including
those known as noxious weeds.
V. Secondary noxious weeds. The name and approxi-
mate number of each kind of secondary noxious weed seed, per
ounce in groups (A) and (B) and per pound in groups (C) and
(D), when present singly or collectively in excess of —
(A) One seed or bulblet in each 5 grams of Agrostis spp.,
Poa spp., Rhodes grass, Bermuda grass, timothy, orchard
grass, fescues (except meadow fescue) , alsike and white clover,
reed canary grass, Dallis grass, and other agricultural seeds of
similar size and weight, or mixtures within this group ;
(B) One seed or bulblet in each 10 grams of ryegrass,
meadow fescue, foxtail millet, alfalfa, red clover, sweetclovers,
lespedezas, smooth brome, crimson clover, Brassica spp., flax,
Agropyron spp., and other agricultural seeds of similar size
and weight, or mixtures within this group, or of this group
with (A) ;
(C) One seed or bulblet in each 25 grams of proso,
Sudan grass and other agricultural seeds of similar size and
weight, or mixtures not specified in (A), (B), or (D) ;
(D) One seed or bulblet in each 100 grams of wheat,
oats, rye, barley, buckwheat, sorghums (except Sudan grass),
vetches, and other agricultural seeds of a size and weight simi-
lar to or greater than those within this group, or any mixtures
within this group.
All determinations of noxious weed seeds are subject to
tolerances and methods of determination prescribed in the
rules and regulations under this chapter.
VI. Percentage by weight of agricultural seeds other
than those required to be named on the label.
VII. Percentage by weight of inert matter.
VIII. For each named agricultural seed, percentage of
germination, exclusive of hard seed, percentage of hard seed,
if present, and the calendar month and year the test was com-
pleted to determine such percentages.
IX. Name and address of the person who labeled said
seed, or who sells, offers, or exposes said seed for sale within
this state.
4. Vegetable Seeds. For vegetable seeds, the following is
required :
62 Chapter 54 [1943
I. Name of kind and variety of seed, and the calendar
month and year when last tested for germination.
II. For seeds which germinate less than the standard
last established by the commissioner of agriculture hereunder,
and in type not smaller than ten point size; percentage of
germination exclusive of hard seed; percentage of hard seed,
if present; and the words "below standard."
III. Name and address of the person who labeled said
seed, or who sells, offers or exposes said seed for sale within
this state.
5. Illegal Sales. It shall be unlawful for any person to sell,
offer for sale or expose for sale any agricultural or vegetable
seed within this state:
I. Unless the test to determine the percentage of germi-
nation required by sections 3 and 4 shall have been completed
within a nine-month period, exclusive of the calendar month in
which the test was completed, immediately prior to sale, ex-
posure for sale, or offering for sale or transportation.
II. Not labeled in accordance with the provisions hereof,
or having a false or misleading labeling.
III. Pertaining to which there has been a false or mis-
leading advertisement.
IV. Any agricultural seeds containing any primary
noxious weed seeds except as may be allowed under tolerances
prescribed in the rules and regulations hereunder.
6. Prohibitions. It shall be unlawful for any person within
this state:
I. To detach, alter, deface, or destroy any label provided
for herein or the rules and regulations made and promulgated
hereunder, or to alter or substitute seed, in a manner that may
defeat the purposes hereof.
II. To disseminate any false or misleading advertisement
concerning agricultural or vegetable seed in any manner or by
any means.
III. To hinder or obstruct in any way any authorized
person in the performance of his duties hereunder.
IV. To fail to comply with a "stop sale" order.
7. Exemptions. The provisions of sections 2 to 6, inclu-
sive, do not apply to seed or grain not intended for sowing
purposes, nor to seed in storage in, or consigned to, a seed
cleaning or processing establishment for cleaning or process-
ing, provided, that any labeling or other representation which
1943] Chapter 54 63
may be made with respect to the unclean seed shall be subject
to the provisions hereof.
8. Exceptions. No person shall be subject to the penalties
hereof for having sold, offered or exposed for sale in this state
any agricultural or vegetable seeds, which were incorrectly
labeled or represented as to kind, variety, or origin which seeds
cannot be identified by examination thereof, unless he has
failed to take all proper precautions to insure the identity to be
that stated in accordance with rules and regulations here-
under.
9. Duties and Authority of Commissioner of Agriculture.
The commissioner of agriculture, who may act through his
authorized agents, shall have the power :
I. To sample, inspect, make analyses of, and test, agri-
cultural and vegetable seeds transported, sold, offered or ex-
posed for sale within this state for sowing purposes, at such
time and place and to such extent as he may deem necessary to
determine whether said agricultural or vegetable seeds are in
compliance with the provisions hereof, and to notify promptly
the person who transported, sold, offered or exposed the seed
for sale, of any violation.
II. To prescribe, and after public hearing to adopt, rules
and regulations governing the methods of sampling, inspect-
ing, analysis, tests, and examination of agricultural and vege-
table seed, and the tolerances to be followed in the administra-
tion hereof, which shall be in general accord with officially
prescribed practice in interstate commerce, and such other
rules and regulations as may be necessary to secure the effi-
cient enforcement hereof.
III. To enter upon any public or private premises during
regular business hours in order to have access to seeds subject
to this chapter and the rules and regulations promulgated
hereunder.
IV. To issue written or printed "stop sale" orders which
shall prohibit further sale of any lot of agricultural or vege-
table seed which the commissioner has reason to believe is in
violation of any of the provisions hereof until the law has been
complied with or said violation otherwise legally disposed of:
Provided, that no "stop sale" order shall be issued or attached
to any lot of seed without first giving the owner or custodian
of such seed an opportunity to comply with the law or to with-
draw the seed from sale.
V. To establish and maintain or make provision for seed
64 Chapter 54 [1943
testing facilities, to employ qualified persons, and to incur such
expenses as may be necessary to comply with these pro-
visions.
VI. To make or provide for making purity and germina-
tion tests of seeds for farmers and dealers on request; to pre-
scribe rules and regulations governing such testing; and to fix
and collect charges for the tests made. All fees collected here-
under shall be paid over by the commissioner to the state
treasurer who shall keep the same in a special fund to be used
only for purposes of this chapter.
VII. To cooperate with the United States department of
agriculture in seed law enforcement.
10. Seizure. Upon the recommendation of the commis-
sioner of agriculture or his duly authorized agents, the court
of competent jurisdiction in the area in which the seed is
located shall cause the seizure and subsequent denaturing,
processing, or destruction to prevent the use for sowing pur-
poses of any lot of agricultural or vegetable seed found to be
unfit for sowing purposes : Provided, that in no instances shall
the denaturing, processing, or destruction be ordered without
first having given the claimant of said seed an opportunity to
apply to said court for the release of said seed.
11. Penalties. Whoever violates any of the provisions of
this chapter or any rule or regulation promulgated hereunder
shall be fined not exceeding one hundred dollars for the first
offense and not exceeding two hundred and fifty dollars for
each subsequent offense. Fines collected hereunder shall be
paid, by the court collecting the same, to the commissioner of
agriculture and by him forwarded to the state treasurer for
the use of the state.
12. Publication. The commissioner of agriculture shall
publish, or cause to be published, the results of tests and
analyses of samples of agricultural and vegetable seeds, as
herein provided, together with the names and addresses of the
persons from whom the samples of seed were obtained. He
may publish such other information as he may deem advisable
concerning the value, character and use of certain seeds.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
1943] Chapter 55 65
CHAPTER 55.
AN ACT RELATING TO INTEREST ON TAXES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Taxes. Amend section 11, chapter 77 of the Revised
Laws by striking out the word "ten" in the first line and in-
serting in place thereof the word, eight, so that said section
as amended shall read as follows : 11. Interest. Interest at
eight per cent shall be charged upon all taxes not paid on or
before December first, after their assessment, from that date,
which shall be collected with the taxes as incident thereto.
2. Real Estate Taxes. Amend section 27, chapter 80 of
the Revised Laws by striking out the word "twelve" in the
fifth line and inserting in place thereof the word, ten, so that
said section as amended shall read as follows: 27. Re-
demption. Any person interested in land so sold may redeem
the same by paying or tendering to the collector, or in his
absence, at his usual place of abode, at any time before a deed
thereof is given by the collector, the amount for which the
land was sold, together with costs for notifying mortgagees,
if any, and with ten per cent interest upon the whole amount
from the time of sale to the time of payment or tender, to-
gether with redemption costs incurred. In case the tax
collector who sold the property in question shall have died, be-
come incapacitated, been removed from ofiice or removed from
the town or city or shall have been discharged from his bond
by the selectmen or assessors, then the person interested in
redeeming the property may tender the aforesaid sums to the
tax collector then in office of said city or town; and upon ad-
vice from the selectmen or assessors that the amount tendered
is the correct amount due, the said tax collector shall accept
said amount for the redemption of said property.
3. Rate of Interest. Amend section 30, chapter 80 of the
Revised Laws by striking out the word "twelve" in the fourth
line of said section and inserting in place thereof the word,
ten, so that said section as amended shall read as follows : 30.
Subsequent Tax. The purchaser of land so sold may pay to
the collector any tax assessed upon the land subsequent to that
for which it was sold, and the amount so paid on account of
the subsequent tax, with interest thereon at ten per cent, shall
66 Chapter 56 [1943
also be paid to the collector by the person claiming the right
to redeem, in order to redeem the land.
4. Takes Effect. This act shall take effect April 1, 1943
and shall apply only to taxes levied on or after that date.
[Approved March 10, 1943.]
CHAPTER 56.
AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION AS TO
PERSONS WHO HAVE SERVED IN THE MILITARY OR NAVAL
FORCES, ELIGIBILITY CONDITIONS FOR BENEFITS, AND
AMOUNT OF BENEFITS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Definition of Base Period. Amend subsection A of
section 1 of chapter 218 of the Revised Laws by striking out
the whole of the same and inserting in place thereof the
following: A. "Base period" means the calendar year im-
mediately preceding any benefit year.
2. Benefits. Amend subsection D of section 2 of said
chapter 218 by striking out the whole of the same and insert-
ing in place thereof the following: D. Benefits to Persons
Upon Termination of Service in Military or Naval Forces of
the United States. (1) An individual who has served in the
military or naval forces of the United States beginning on or
after July 1, 1940 and has been honorably discharged there-
from shall, if he is otherwise and in all other respects eligible
in accordance with the provisions of section 3 of this chapter
and files, in accordance with such regulations as the commis-
sioner shall prescribe, a claim for benefits with respect to a
week of unemployment beginning not later than July 1, 1945,
be entitled to receive whichever is the greater of:
(a) The unused benefits based on his earnings in the
calendar year immediately preceding his first day of such
service in said forces, or
(b) The unused benefits based on earnings in the
calendar year of his first day of such service in said forces,
provided that benefits based on earnings in such calendar year
are and have been available to all claimants generally under
this chapter, or
(c) Benefits based on earnings in the base period for
the benefit vear in which the first claim was filed.
1943] Chapter 56 67
(2) If such an individual has not exhausted the benefits
to which he is thus entitled at the close of a benefit year in
which he fii^t files a claim hereunder he shall, if otherwise
eligible as hereinbefore provided, be entitled to 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) (a), (1) (b), or (1) (c) above, or
(b) Benefits based on earnings in the base period
for that benefit year.
(3) The term "military or naval forces" as used in this
subsection shall be construed to include service in the marine
corps, coast guard, or any woman's auxiliary service to the
armed forces the members of which are subject to and under
military law.
(4) Benefits paid under and by virtue of this subsection
are intended to be in lieu of and not in addition to weekly
benefit amounts provided in subsections A, B, and C of
section 2 of this chapter.
3. Eligibility Conditions in Cases of Certain Women.
Amend subsection C of section 3 of said chapter 218 by strik-
ing out the whole of the same and inserting in place thereof
the following: C. He is able to work, and is available for
work. Provided, however, that in the case of a pregnant
woman she shall be deemed unavailable for work for a period
not to exceed sixteen weeks beginning eight weeks prior to
the expected date of childbirth as certified by a legally
licensed physician, and further provided that such period of
unavailability shall be sooner terminated if subsequent to
childbirth she earns in any one week wages in employment
equal to or in excess of two dollars more than her weekly
benefit amount.
4. Waiting Period. Amend subsection D of section 3 of
said chapter 218 by striking out the whole of the same and in-
serting in place thereof the following: D. Prior to any week
for which he receives benefits he has been totally unemployed
(and for the purposes of this subsection an individual shall
be deemed totally unemployed in any week in which he earns
no wages in excess of two dollars) for a waiting period of one
week within the same benefit year and fulfilled the other re-
quirements of this section; provided that this requirement
shall not interrupt the payment of benefits for consecutive
weeks of unemployment because of a change in the benefit
68 Chapter 56 [1943
year, even though a change in the weekly benefit amount and
maximum benefits is effected. For the purposes of this sub-
section, 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 he has annual earnings of two hundred
dollars within the base period in accordance with subsection P
(2) of section 1.
5. Benefits. Amend subsection B of section 2 of chapter
218 of the Revised Laws by striking out the whole of the same
and inserting in place thereof the following:
B. Weekly Benefit Amount for Total Unemployment and
Maximum Total Amount of Benefits Payable During Any
Benefit Year. (1) 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
delineated in this paragraph on the line on which in column A
there is indicated the individual's annual wage class except as
otherwise provided in paragraph (2) of this subsection. The
maximum total amount of benefits payable to any eligible in-
dividual during any benefit year shall be the amount shown in
column C of the schedule delineated in this paragraph on the
line on which in column A there is indicated the individual's
annual wage class except as otherwise provided in paragraph
(2) of this subsection.
A
B
C
Total Annual Earnings
Weekly Benefit
Maximum
In Base Period
Amount
Benefits
$200.00- $349.99
$6
$108
350.00 - 449.99
7
126
450.00 - 549.99
8
144
550.00 - 649.99
9
162
650.00 - 749.99
10
180
750.00 - 849.99
11
198
850.00 - 949.99
12
216
950.00 - 1,049.99
13
234
1,050.00 - 1,249.99
14
252
1,250.00 - 1,499.99
15
270
1,500.00 - 1,749.99
16
288
1,750.00 - 1,999.99
17
306
2,000.00 - and over
18
324
1943] Chapter 56 69
(2) If at any time the fund shall fail to equal or fail to
exceed eight million dollars and shall be maintained at less
than that figure for a period of two consecutive calendar
months, 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 delineated
in this paragraph on the line on which in column (A) there is
indicated the individual's annual w^age 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 delineated in this paragraph on the line
on which in column (A) there is indicated the individual's
annual wage class. The schedule delineated in this para-
graph shall take effect on the first day of the month im-
mediately following the two-month period in this paragraph
above mentioned.
A
B
C
Total Annual Earnings
Weekly Benefit
Maximum
In Base Period
Amount
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
1,000.00-1,149.99
13
208
1,150.00 - 1,299.99
14
224
1,300.00 - and over
15
240
(3) It being further provided that in the event the
provisions of paragraph (2) of this subsection become
effective, the provisions of paragraph (1) of this subsection
shall not again become effective for any benefit year there-
after unless the fund shall equal or exceed eight million dollars
during the two consecutive months immediately preceding the
beginning of that benefit year.
6. Effective Date. This act shall take effect upon its pas-
sage 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 unemploy-
ment compensation law as amended by this act.
[Approved March 10, 1943.]
70 Chapters 57, 58 [1943
CHAPTER 57.
AN ACT DEFINING HIGHWAYS,
Be it e?iacted by the Senate and House of Representatives in
General Court convened:
1. Highways. Amend section 1 of chapter 90 of the Re-
vised Laws by striking- out the words "or as" in the second
line and inserting in place thereof the words, or roads which
have been constructed for public travel over land which has
been conveyed to a town or the state by deed of a fee or ease-
ment interest, or roads which, so that said section as amended
shall read as follows: 1. Highways Defined. Highways are
only such as are laid out in the mode prescribed therefor by
statute, or roads which have been constructed for public travel
over land which has been conveyed to a town or the state by
deed of a fee or easement interest, or roads which have been
used as such for public travel thereon, other than travel to and
from a toll-bridge or ferry, for twenty years.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
CHAPTER 58.
AN ACT RELATING TO TAKING HARES AND RABBITS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Hares and Rabbits. Amend section 17 of chapter 242 of
Revised Laws by striking out the words, "February first", in
the second line and inserting in place thereof the words, Febru-
ary fifteenth, so that said section as amended shall read as
follows: 17. Taking; Limit. Hares and rabbits may be
taken and possessed from October first to February fifteenth.
No person shall take more than three hares and five cotton-tail
rabbits in one day, and the total number of hares and cotton-
tail rabbits taken in one day shall not exceed five. No person
shall take hares and rabbits by the use of a snare.
2. Takes Effect. This act shall take eff"ect upon its
passage.
[Approved March 10, 1943.]
1943] Chapters 59, 60 71
CHAPTER 59.
AN ACT RELATIVE TO FEES FOR THE SERVICE OF WRITS AND
ATTACHMENTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Fees of Sheriffs and Deputy Sheriffs. Amend para-
graph I of section 28 of chapter 380 of the Revised Laws by
striking- out the words "fifty cents" and inserting in place
thereof the words, one dollar, so that said paragraph as
amended shall read as follows: I. For the service of every
writ, subpoena for every witness named therein, process,
notice or execution, one dollar.
2. Attachments : Municipal Court Writ. Amend paragraph
II of section 28 of chapter 380 of the Revised Laws by striking
out the word "fifty" in the third line and inserting in place
thereof the words, one dollar, and by inserting after the word
"dollar" in the second line the words, and fifty cents, so that
said paragraph as amended shall read as follows: II. For
making an attachment of personal property upon a writ re-
turnable to the superior court, one dollar and fifty cents ; upon
a writ returnable to a justice of the peace or a municipal
court, one dollar.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
4:25 P.M.
CHAPTER 60.
AN ACT RELATIVE TO ADULTERATION OF MEAT PRODUCTS, UNDER
THE FOOD AND DRUG ACT.
Be it enacted by the Senate and House of Representutives in
General Court convened:
] . Meat Products. Amend section 3 of chapter 164 of the
Revised Laws by adding at the end thereof the following new
paragraph: VII. Nothing contained in paragraph V of this
section shall be construed to prevent the use or presence
therein of compounds of nitrous acid in the manufacture of
meat products, when the same is present in quantity not ex-
72 Chapter 61 [1943
ceeding that permitted by the United States bureau of animal
industry.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
CHAPTER 61.
AN ACT ENABLING THE STATE TO MAKE LOANS TO PROTECT THE
SEPARATE ACCOUNT FOR THE PAYMENT OF BONDS FOR
HIGHWAY CONSTRUCTION AND THE SEPARATE
ACCOUNT FOR THE PAYMENT OF BONDS OF
THE AERIAL TRAMWAY COMMISSION.
Whereas, due to the rationing of gasoline resulting from
the present war-time emergency and the restriction of high-
way traffic caused thereby it is possible that the road toll
revenue for the separate account established for the construc-
tion of highways as provided for by chapter 1 of the Laws of
the special session of 1927, chapter 41 of the Laws of 1929,
chapter 1 of the Laws of the special session of 1936 and
chapter 137 of the Laws of 1939 as amended by chapter 220 of
the Laws of 1941 and the revenues for the separate account of
the aerial tramway as provided for by chapter 239 of the Re-
vised Laws, may be insufficient to meet the payments required
from such accounts by the retirement and interest obligations
of the bonds issued in connection with said projects, there-
fore ;
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Loans Authorized; Appropriation. The governor and
council is hereby authorized to loan from the general funds of
the state to the separate account established from the motor
vehicle road toll collected for the construction of highways and
to the separate account of the aerial tramway commission
above referred to, sufficient sums to permit the payment from
such separate accounts of such amounts as may be needed to
meet their obligations including such payments and interest
charges as may be required by the bonds issued for such
projects. Such sums as may be needed for this purpose are
hereby appropriated.
1943] Chapter 61 73
2. Repayment of Loans. The additional motor vehicle road
toll assigned to the construction of highways and the authority
of the aerial tramway commission to collect revenue from its
projects are hereby continued in full force and effect until such
loans as may be made under the authority of this act are re-
paid. These loans shall be repaid at such time as the state
treasurer with the approval of the governor and council shall
recommend.
3. Limitation. The authority granted to the governor and
council to make the loans herein authorized shall expire June
30, 1945.
4. Bonds Authorized. The state treasurer is hereby author-
ized under the direction of the governor and council, to borrow
upon the credit of the state such sums as may be necessary
for the purpose of carrying into effect the provisions of this
act 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, and 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 the approval of the issue.
The maturity date of such bonds and notes is not to be later
than December 31, 1954. Such bonds and notes shall be in
such form and such denominations and with such provisions
for call or redemption as the governor and council may deter-
mine, may be registerable as to both principal and interest and
shall be countersigned by the governor and shall be deemed a
pledge of the faith and credit of the state.
5. Short-term Notes. Prior to the issuance of the bonds
or notes hereunder the treasurer, under direction of the gov-
ernor and council, may for the purpose hereof borrow money
from time to time on short-term loans to be refunded by the
issuance of the bonds or notes hereunder.
6. Takes Effect. This act shall take effect upon its
passage.
[Approved March 10, 1943.]
74 Chapters 62, 63 [1943
CHAPTER 62.
AN ACT RELATIVE TO SUPERVISION OF AID FOR TUBERCULOUS
INDIGENT PERSONS.
Be it enacted by the Senate and House of Representatives in
Genei^al Court convened:
1. The State Sanatorium. Amend section 4 of chapter 153
of the Revised Laws by striking out the words "board of pub-
He welfare" in the fourth line and inserting in place thereof
the words, state board of health, so that said section as
amended shall read as follows: 4. Treatment of Indigent.
Persons in indigent circumstances, and whose relatives legally
chargeable with their support are unable to provide for such
treatment, may be received for treatment at the expense of
the state upon an order issued by the state board of health,
said order to be based upon satisfactory evidence to be kept
on file in the office of the said board that the said patient is
entitled to treatment under the provisions of this section.
2. Transfer of Records and Appropriation. All records of
the board of public welfare relative to payments on account of
tuberculous patients by the state, under the provisions of sec-
tion 4 of chapter 153 of the Revised Laws, shall be transferred
to the state board of health. Any balance of funds or appro-
priations heretofore made available to the board of public
welfare for aid to indigent persons under the provisions of said
section 4 shall be available to the state board of health, and
shall not lapse.
3. Takes Effect. This act shall take effect July 1, 1943.
[Approved March 10, 1943.]
CHAPTER 63.
AN ACT RELATIVE TO CLERK HIRE IN CERTAIN PROBATE OFFICES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. County Probate Offices. Amend section 22 of chapter
347 of the Revised Laws by striking out the words "eiglit hun-
dred" in the third line and inserting in place thereof the words,
one thousand three hundred; by striking out the words "nine
hundred" in the fifth line and inserting in place thereof the
1943] Chapter 64 75
words, one thousand, and by striking out the words "two thou-
sand, five hundred" in the sixth hne and inserting in place
thereof the words, three thousand two hundred twenty, so
that said section as amended shall read as follows : 22.* Clerk
Hire. Registers of probate shall be allowed the following sums
annually for clerk hire, payable monthly by the county:
In Rockingham county, one thousand three hundred dollars.
In StraflE'ord county, five hundred dollars.
In Merrimack county, one thousand dollars.
In Hillsborough county, three thousand two hundred twenty
dollars.
In Sullivan county, three hundred dollars.
In Grafton county, three hundred dollars.
In Coos county, one hundred fifty dollars.
2. Takes Effect. This act shall take effect January 1,
1943.
[Approved March 10, 1943.]
CHAPTER 64.
AN ACT PROVIDING FOR AN OPEN SEASON FOR TAKING BEAVER
IN THE VARIOUS COUNTIES IN THE STATE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Beaver. Amend section 6 of chapter 244 of the Revised
Laws by striking out the word "Coos" in the first line and
inserting in place thereof the word, any, and by inserting after
the word "director" in the second line the words, with the ap-
proval of the commission, so that said section as amended shall
read as follows : 6. Open Season. In any county during any
part of the months of March and April the director, with the
approval of the commission, may declare an open season on
beaver if he deems that beavers are detrimental to fishing or
hunting or to lumber operations, or if he receives written com-
plaint from a water company or a landowner that beavers are
polluting a water supply or doing actual and substantial dam-
age to property.
2. Publication. Amend section 7 of said chapter 244 by
striking out said section and inserting in place thereof the fol-
lowing: 7. Notice. Before said season is opened said direc-
tor shall cause notice thereof to be published once in a news-
* See also chapter 125, post.
76 Chapter 65 [1943
paper published in the county affected by his declaration, if
there is one, otherwise in some newspaper having- a general
circulation in said county, and shall also file a copy of said
notice with the clerk of each town or city affected.
3. Open Season. Amend section 10 of said chapter 244 by
striking out the words "in Coos county" in the eighth line and
by inserting at the end of said section the words, as provided
in section 6, so that said section as amended shall read as
follows: 10. Prohibition. Except as provided in this sub-
division no person shall take or possess beaver in this state.
No person shall sell, give away, buy, accept as a gift, offer to
transport or transport except to a conservation officer any
beaver skin unless the skin is stamped with the official seal of
a conservation officer. No person shall destroy or disturb or
interfere in any manner with the dams or houses of beaver,
without first obtaining a special permit from the director,
except as may be necessary in connection with lawfully trap-
ping beaver during the open season therefor, as provided in
section 6.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved March 11, 1943.]
CHAPTER 65.
AN ACT ESTABLISHING THE MOTOR VEHICLE ROAD TOLL LAW.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Motor Vehicle Road Toll Law. Amend chapter 120 of
the Revised Laws by striking out said chapter and inserting
in place thereof the following :
Chapter 120
Motor Vehicle Road Toll
1. Short Title. This chapter shall be known and may be
cited as the "Motor Vehicle Road Toll Law."
2. Definitions. The following v/ords, terms and phrases as
used in this chapter are, for the purposes thereof, hereby de-
fined as follows :
L "Motor vehicles" shall mean and include all vehicles,
1943] Chapter 65 77
engines, machines or mechanical contrivances which are pro-
pelled upon the public highways by internal combustion en-
gines or motors.
II. "Motor fuel" shall mean all products commonly or
commercially known or sold as gasoline, including casinghead
and absorption or natural gasoline, regardless of their classi-
fication or uses; and any liquid prepared, advertised, offered
for sale or sold for use as or commonly and commercially used
as a fuel in internal combustion engines, which when subjected
to distillation in accordance with the standard method of test
for distillation of gasoline, naphtha, kerosene and similar
petroleum products (ASTM Designation D-86) show not less
than 10% distilled (recovered) below 347 Fahrenheit (175°
Centigrade) and not less than 95% distilled (recovered) below
464° F. (240° C.) ; provided that the term motor fuel shall not
include commercial solvents or naphthas which distill, by
ASTM Method D-86, not more than 9%o at 176° F. and which
have a distillation range of 150° F., or less, or liquefied gases
which would not exist as liquids at a temperature of 60° F.
and a pressure of 14.7 pounds per square inch absolute.
III. "Public highways" shall mean highways as are laid
out in the mode prescribed therefor by statute, or roads which
have been constructed for public travel over land which has
been conveyed to a town or the state by deed, or roads which
have been used as such for public travel thereon, other than
travel to and from a toll bridge or ferry, for twenty years.
IV. "Person" shall mean and include natural persons,
and partnerships, firms, associations, and corporations, and
any receiver, trustee, representative, or other officer appointed
pursuant to law by any court, state or federal, the state of
New Hampshire, or any municipality or political subdivision
thereof, and the use of the singular number shall include the
plural number.
V. "Sale" shall include any transfer of ownership and
any use of motor fuel by a distributor for the propulsion of
motor vehicles on the public highways.
VI. "Distributor" shall mean and include (a) persons
importing or causing to be imported motor fuel into the state.
Provided, however, that bringing motor fuel into the state in
the fuel supply tank attached to the motor of a motor vehicle
or aircraft shall not be considered importation; and (b) per-
sons producing, refining, preparing, distilling, manufacturing,
blending or compounding motor fuel within the state.
78 CHAPTER 65 [1943
VII. "Commissioner" shall mean the commissioner oi
motor vehicles for the state of New Hampshire.
3. Levy of Toll and Exemptions. There is hereby imposed
a road toll of three cents per gallon upon the sale of each gallon
of motor fuel sold by distributors thereof. The road toll shall
be collected by the distributor from the purchaser and re-
mitted to the state in the manner hereinafter set forth. Pro-
vided, that the road toll shall not apply to (a) sales to the
United States or its agencies, (b) sales between duly licensed
distributors, or (c) sales of motor fuel exported from the state.
4. Purpose. The purpose of this chapter is to secure the
gasoline road toll or any other special charges with respect to
the sale or consumption of fuel or motor fuels, as specified in
Article 6-a, Part II of the Constitution of New Hampshire.
5. Application for License; Contents; Licensing of Dis-
tributors. It shall be unlawful for any person to sell motor
fuel upon which the road toll imposed herein and collected
hereunder has not been paid, unless such person is the holder
of an uncanceled license to engage in business as a distributor
of motor fuels. To procure such license an application under
oath must be filed with the commissioner in such form as he
may prescribe and the application must be accompanied by a
bond, or the deposit of cash or government obligations, of the
character stipulated in section 6 hereof. In the event that an
application is filed by any person whose license has thereto-
fore been canceled for cause, or that the commissioner is of
the opinion that such application is not filed in good faith, then
in either of said events, the commissioner, after a hearing of
which the applicant shall have five days notice in writing and
the right to appear, may refuse to issue such license. The
application and bond, or cash or government obligations, hav-
ing been accepted and approved and all other conditions and
requirements of this act fully complied with the commissioner
shall issue a license certificate valid only for the distributor in
whose name issued. Such license shall be unassignable and
shall remain in full force and effect until canceled. The com-
missioner shall furnish annually each licensed distributor d
complete list of all licenses issued under this chapter, which
list shall be supplemented monthly.
6. Bond Required of Licensed Distributor.
I. Every distributor shall file with the commissioner a
bond (a) in an amount approximately twice the monthly road
1943] Chapter 65 79
toll liability of the distributor, but not in excess of $10,000.,
on a form to be approved by the commissioner, and (b) with a
surety company authorized to engage in business within the
state as surety thereon, and (c) upon which such distributor
shall be the principal obligor and the state of New Hampshire
shall be the obligee, and (d) conditioned upon the prompt filing
of true reports and the payment by such distributor of all
motor vehicle road tolls which are imposed and which are to
be collected under this chapter, together with all penalties and
interest thereon, and generally upon faithful compliance with
the provisions of this chapter.
II. Any surety on any bond furnished by any distributor
as above provided shall be released and discharged from any
and all liability accruing on such bond after the expiration of
sixty days from the date upon which such surety shall have
lodged with the commissioner written request to be released
and discharged.
III. In lieu of furnishing a bond executed by a surety
company, any distributor may deposit with the state treasurer
cash or obligations of the United States or obligations of any
federal agency fully guaranteed by the United States or bonds
of the state of New Hampshire to the amount of the bond re-
quired by this section.
7. Determination and Payment of Road Toll. For the pur-
pose of determining the amount of road toll herein imposed and
to be collected hereunder, each distributor shall on or before
the last day of each calendar month render a return to the
commissioner on forms prescribed and furnished by him. Such
return shall show the total number of gallons sold and used in
the state during the previous calendar month together with
such other information as the commissioner may require for
the reasonable administration hereof. Provided, however, that
any distributor may, if he elects to do so, use as the measure of
the gallonage sold or used by him the gross quantity of motor
fuel purchased, imported, produced, refined, prepared, distilled,
manufactured, blended, or compounded by such distributor,
less a tare of one percent for shrinkage or loss by evaporation.
If such election is made, the commissioner shall allow, upon
proper proof, any additional losses due to any catastrophe or
extraordinary circumstances. Each distributor shall accom-
pany such return with a check payable to the state treasurer
80 Chapter 65 [1943
for the total amount of road toll shown by such return to be
due.
8. Power to Cancel Licenses; Surrender of Bond.
I. If a distributor shall at any time file a false monthly
report of the data or information, or shall wilfully fail, neglect,
or refuse to file the monthly report required by this chapter,
or to pay the full amount of the road toll as required by this
chapter, the commissioner, after ten days' written notice by
registered mail directed to the last known address of such dis-
tributor appearing on the files of the commissioner fixing a
time and place at which such distributor may appear and show
cause why his license should not be canceled, may cancel the
license of said distributor and shall notify said distributor in
writing of such cancellaton by registered mail to such last
known address of such distributor. Any distributor whose
license shall have been canceled by the commissioner may,
within thirty days from the date of such cancellation, make
application in the nature of an appeal to the governor and
council.
II. Upon receipt of a written request from any distribu-
tor to cancel the license issued to such distributor, the com-
missioner shall have the power to cancel such license effective
sixty days from the date of the receipt of such written request,
but no such license shall be canceled upon the request of any
distributor until and unless the distributor shall, prior to the
date of such cancellation, have paid all road tolls payable under
the laws of the state, together with any and all penalties, in-
terest and fines accruing under any of the provisions of such
laws and until and unless the distributor shall have surren-
dered to the commissioner the license certificate theretofore
issued to such distributor. If, upon investigation, the com-
missioner shall find that any person to whom a license has been
issued is no longer engaged in the sale of motor fuel as a dis-
tributor, and has not been so engaged for a period of six
months, the commissioner shall have the power to cancel such
license by giving such person sixty days' notice of such can-
cellation mailed to the last known address of such person, in
which event the license certificate theretofore issued to such
person shall be surrendered to the commissioner.
III. In the event that the license of any distributor shall
be canceled by the commissioner as hereinbefore provided, and
in the further event that said distributor shall have paid all
1943] Chapter 65 81
road tolls due and payable by him, together with any and all
penalties accruing under any of the provisions of this chapter,
then the commissioner shall cancel and surrender the bond or
cash or securities theretofore filed by said distributor. The
commissioner shall promptly notify all licensed distributors in
the state of any such cancellation.
9. Penalty for Failure to Report or Pay Tolls Promptly.
When any distributor shall fail to file his monthly report with
the commissioner at the time fixed herein for the filing thereof,
or when such distributor refuses to submit the data required
by section 7 hereof, or when such distributor shall fail to pa3^
the amount of road tolls due when the same shall be payable,
a penalty of ten per cent shall be added to the amount of the
road toll due, and said penalty shall immediately accrue, and
thereafter said road toll and penalty shall bear interest at the
rate of one half per cent per month until the same is paid. The
commissioner is authorized to waive the penalty and interest
when it is proved to his satisfaction that the failure to file the
monthly report or pay the road tolls on time was not wilful.
10. May Estimate Motor Fuel; Period of Limitation.
I. Whenever any distributor shall neglect or refuse to
file any report for any calendar month as required hereby or
shall file an incorrect or fraudulent report, the commissioner
shall determine after an investigation the number of gallons
of motor fuel with respect to which the distributor has in-
curred liability and fix the amount payable by the distributor
accordingly. The commissioner shall forthwith certify the
amount so fixed to the attorney general for collection by him.
II. In any action or proceeding for the collection of the
road toll or any penalties or interest imposed in connection
therewith, an assessment thereof by the commissioner shall
constitute prima facie evidence of the claim of the state, and
the burden of proof shall be upon the distributor to show that
the assessment was incorrect and contrary to law.
III. All road tolls due and unpaid under the provisions of
this chapter shall be assessed within three years after such
tolls became due.
11. Reports from Carriers Transporting Motor Fuel. Un-
der regulations issued by the commissioner, every common or
contract carrier transporting motor fuel, to points within the
state, from points outside the state, and every person not
registered as a distributor transporting motor fuel, by what-
82 Chapter 65 [1943
ever manner to a point in the state from any point outside of
the state, shall report, not later than the last day of the suc-
ceeding calendar month, under oath to the commissioner on
forms prescribed by said commissioner, all deliveries of motor
fuel so made to points within the state. Such reports shall
contain sufficient information to identify the quantities deliv-
ered, the consignor, consignee, and description of the mode of
transportaton and such additional information relative to such
shipments as the commissioner may require.
12. Retention of Records by Distributors. Each distribu-
tor shall maintain and keep, for a period of three years, such
records of motor fuel sold and distributed or otherwise dis-
posed of, within this state, together with invoices, bills-of-
lading, and other pertinent records and papers as may be
necessary for the reasonable administration of this chapter.
13. Inspection of Records; Hearings.
I. The commissioner, or any deputy, employee or agent
authorized by him, is hereby given the authority, to examine,
during the usual business hours of the day, the records re-
quired to be preserved under this chapter, provided, however,
that no distributor shall be subjected to unnecessary examina-
tions or investigations.
II. The commissioner shall have the power, in the en-
forcement of the provisions of this chapter, to hold hearings,
to administer oaths to witnesses, to take the sworn testimony
of any person and cause it to be transcribed into writing, and
for such purposes shall be authorized to issue subpoenas and
subpoenas duces tecum and compel the attendance of wit-
nesses, and shall have the power to conduct such investiga-
tions as he may deem necessary ; provided, that it shall be un-
lawful for any person to disclose the information acquired by
the commissioner or any of his agents under the provisions of
this section, except when used by the state or any officer
thereof in any proceeding for the collection of the road toll or
any prosecution for violation of any of the provisions of this
chapter, and provided, further, that if any distributor shall
refuse access to such records or if any person shall fail or
refuse to obey such subpoena or subpoena duces tecum, or shall
fail or refuse to testify before the commissioner, then the com-
missioner may petition the superior court setting forth the
circumstances, and the said court shall enter such order
1943] Chapter 65 83
against such distributor, or person, in the premises as the
enforcement of this chapter and justice shall require.
14. Discontinuance or Transfer of Business; Penalty.
I. Whenever a distributor ceases to engage in business
as a distributor within the state by reason of the discontinu-
ance, sale or transfer of the business of such distributor, it
shall be the duty of such distributor to notify the commis-
sioner in writing at least ten days prior to the time the dis-
continuance, sale or transfer takes effect. Such notice shall
give the date of discontinuance and, in the event of a sale or
transfer of the business, the date thereof and the name and
address of the purchaser or transferee thereof. All road tolls
not yet due and payable shall, together with any and all inter-
est accruing or penalties imposed, notwithstanding any other
provisions of this chapter, become due and payable concur-
rently with such discontinuance, sale, or transfer, and it shall
be the duty of any such distributor concurrently with such
discontinuance, sale or transfer, to make a report and pay all
such road tolls, interest and penalties, and to surrender to the
commissioner the license certificate theretofore issued to him.
II. Unless the notice above provided for shall have been
given to the commissioner such purchaser or transferee shall
be liable to the state for the amount of all road tolls, penalties
and interest under this chapter accrued against any such dis-
tributor so selling or transferring his business, on the date of
such sale or transfer, but only to the extent of the value of the
property and business thereby acquired from such distributor.
15. When Toll Payment is in Default; Procedure. If any
distributor shall be in default for more than ten days in the
payment of any road tolls, interest or penalties, the commis-
sioner may proceed to collect the same by civil suit.
16. Refunds.
I. Any person who shall use any motor fuel, with respect
to which the road toll herein imposed has been paid, in any
way other than in motor vehicles for the purpose of generating
power for the propulsion thereof upon the public highways, or
any dealer who shall make sales specified in paragraphs (a),
(b) , and (c) of section 3 of this chapter, shall be entitled to a
refund to the extent of the amount of said tolls so paid, with
respect to such motor fuel. The right to receive any refund
under the provisions of this section shall not be assignable and
any assignment thereof shall be void. Nor shall any payment
84 Chapter 65 [1943
thereof be made to any person other than the original person
entitled thereto using or selling motor fuel as hereinabove in
this section set forth.
II. Any person who shall be entitled to a refund of the
road toll with respect to any motor fuel under the provisions
of this chapter shall be- reimbursed to the extent of the amount
of the toll paid on such motor fuel in the following manner and
subject to the following conditions:
(a) All applications for refunds must be made under
oath and must be filed with the commissioner within ninety
days from the date of purchase or invoice of the motor fuel
with respect to which refund is claimed. Upon cause shown,
the commissioner may extend the time within which a claim
may be filed.
(b) Such application shall be in such form as the com-
missioner shall prescribe and shall contain such information
as shall give the commissioner a full and complete basis for
determining the validity of the claim.
(c) Such application shall be accompanied by the origi-
nal invoice showing such purchase, together with evidence of
payment thereof.
III. The above conditions having been fully complied
with, the commissioner being satisfied after investigation that
the claim is valid, shall determine the amount of the refund
due on such application, and shall certify such amount and the
name of the person entitled to the refund to the state treas-
urer. The state treasurer shall thereupon make such certified
refund from said road tolls.
17. Refund of Tolls Erroneously or Illegally Collected.
I. In the event it shall be the opinion of the commissioner
that any road tolls or interest or penalties have been errone-
ously or illegally collected from any distributor, such distribu-
tor shall be entitled to a refund thereof, or such amount may
be deducted from any subsequent return.
II. No refunds or deductions shall be made under the
provisions of this section unless a written statement undei-
oath setting forth the circumstances by reason of which such
refund or deduction should be allowed shall be filed with the
commissioner within three years from the date of payment of
road tolls illegally or erroneously collected. Errors in making
a return may be corrected on any subsequent return with
proper explanation.
1943] Chapter 65 86
18. Suits for Recovery of Road Tolls Illegally or Errone-
ously Collected. Any road tolls, interest or penalties illegally
or erroneously collected, or any sum excessively or wrongfully
collected under this chapter, or any refund required to be
made which shall wrongfully be denied or withheld, may be
recovered by the person who shall have paid the same in a suit
at law against the state whether or not such road tolls, interest
or penalties shall have been paid voluntarily or under protest.
Such suit or proceeding shall be commenced within three years
from the date of payment of the road toll, interest or penalty
alleged to have been illegally or erroneously assessed or col-
lected, or within three years from the date of final rejection
of the refund by the commissioner and the consent of the
state of New Hampshire is hereby given to the institution,
maintenance and prosecution to final judgment of any and all
such suits or proceedings.
19. Road Toll on Users of Fuel other than Motor Fuel.
I. A road toll is hereby imposed on all users of fuel other
than motor fuel as defined in paragraph II of section 2 of this
chapter, upon the use of such fuel by any person within this
state only when such fuel is used in an internal combustion
engine for the generation of power to propel motor vehicles
of any kind or character on the public highways of the state
at the rate and for the same purposes as the road toll to be
collected under the preceding sections of this chapter with
respect to motor fuel. Such road toll on such use of fuel shall
be collected as hereinafter provided in this section.
II. (a) "Fuel" shall mean and include all combustible
gases and liquids used in an internal combustion engine for the
generation of power to propel motor vehicles on or over the
public highways, except motor fuels as defined in paragraph II
of section 2 hereof; (b) "user" shall mean any person who uses
or consumes fuel as defined in this section, in this state in an
internal combustion engine for the generation of power to
propel motor vehicles on or over the public highways of this
state ; and (c) "use" shall mean the receipt of fuel by any user
into his motor vehicle or into a receptacle from which fuel is
supplied by such user to his motor vehicle.
III. Every user shall procure a user's license upon appli-
cation to the commissioner under oath in such form as the
commissioner may prescribe. It shall be unlawful for any per-
86 Chapter 65 [1943
son to operate a vehicle propelled by such fuel over the public
highways unless he is the holder of such a license.
IV. For the purpose of determining the amount of the
road toll herein imposed, each user shall not later than the
fifteenth day of each calendar month file with the commis-
sioner on forms prescribed by him monthly reports sworn to
by the user which shall show the total gallonage of fuels used
within the state during the preceding calendar month, and at
the same time such user shall pay the road toll based upon the
total gallonage shown on such report.
V. Each user shall maintain and keep for a period of
three years such record or records of fuel used within this
state, together with invoices, bills of lading, and other perti-
nent records and papers as may be required by the commis-
sioner for the reasonable administration of this section.
VI. In all other respects the collection and payment of
the road toll imposed in this section shall be governed by the
appHcable general provisions of this chapter.
20. Penalties. Whoever violates any provision of this
chapter shall be fined not more than five hundred dollars or be
imprisoned for not more than one year, or both.
21. Furnishing of Information.
I. The commissioner shall, upon request duly received
from the ofliicials to whom are intrusted the enforcement of the
motor fuel tax laws of any other state, forward to such officials
any information which said commissioner may have in his
possession relative to the sale, transportation or shipment by
any person of motor fuel into such other state.
II. The commissioner upon request shall furnish infor-
mation to any person as to the total gallonage of motor fuel or
fuels imported, produced, exported, or sold for use in the state
together with the total amount of road toll paid, by any dis-
tributor or user during any month.
22. Rules and Regulations. The commissioner shall pre-
scribe and publish all needful rules and regulations for the
enforcement of this chapter. Anyone aggrieved by any rule or
regulation may apply to the commissioner for a public hearing
respecting same and the commissioner shall within five days
fix the date for such hearing and if, upon the hearing, the rule
or regulation is not abrogated or suitably amended to remove
the cause for complaint, appeal may be taken to the governor
and council. The commissioner is authorized to avail himself
of the services of the state police in enforcing this act, and
1943] Chapter 65 87
it shall be the duty of the state police to comply with requests
of the commissioner reasonably calculated to assist in the
enforcement of this chapter.
23. Separability Clause. If any provision of this chapter
or the application thereof to any person or circumstance is held
invalid, the remainder of the chapter and the application of
such provision to other persons or circumstances shall not be
affected thereby.
2. Application of Act. The provisions of this act shall also
apply to the collection of the additional temporary motor
vehicle road toll of one cent per gallon upon each gallon of
motor fuel sold by distributors as provided by chapter 41, Laws
of 1929, as amended by chapters 140 and 151 of the Laws of
1933, chapter 1 of the Laws of the special session of 1936, and
chapter 137 of the Laws of 1939 as amended by chapter 220 of
the Laws of 1941.
3. Transfer of Records and Personnel.* All files and rec-
ords of the state treasurer which relate to the administration
of the motor vehicle road tolls heretofore collected by the state
treasurer shall be transferred and delivered to the commis-
sioner of motor vehicles. The personnel in the office of the
state treasurer heretofore assigned to the duty of assisting in
the administration of said tolls shall be transferred to the de-
partment of motor vehicles July 1, 1943, and become em-
ployees of the latter department at the grades and salaries on
June 30, 1943.
4. Revenue from Road Tolls. Amend chapter 22 of the
Revised Laws by adding at the end thereof the following new
subdivision :
Motor Vehicle Road Tolls
40. Disposal of Revenue. All revenue from the motor
vehicle road toll law, as provided by chapter 120 of the Revised
Laws, after paying the expense of collection, is to be disposed
of in like manner as the revenue from the registration fees of
motor vehicles, except as provided in the following section.
41. Exception. Annually on or before June one the motor
vehicle commissioner 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
* See also chapter 137, post.
88 Chapter 66 [1943
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, he shall report the same to the state treasurer
who shall, on July one, next following, credit such balances re-
spectively to the public service commission, having jurisdiction
over the navigation of such boats or motors, or to the aero-
nautics commission, having jurisdiction over the navigation of
aircraft. Funds so credited shall be used for the promotion of
the safety of such navigation, respectively, and any balances
remaining in said funds at the end of each fiscal year shall not
lapse.
5. Takes Efleect. This act shall take effect July 1, 1943.
[Approved March 12, 1943.]
CHAPTER 66.
AN ACT RELATING TO THE SALE AND USE OF FIREWORKS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Sale and Use of Fireworks. Amend the Revised Laws
by inserting after chapter 179 the following new chapter :
Chapter 179-A
Sale and Use of Fireworks
1. Definition. The word "fireworks" as used in this chap-
ter shall mean and include any combustible or explosive com-
position, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or an
audible effect by combustion, explosion, deflagration or detona-
tion, and shall include blank cartridges, toy cannons in which
explosives are used, the type of balloons which require fire
underneath to propel the same, firecrackers, torpedoes, sky-
rockets, Roman candles, bombs, sparklers or other fireworks
of like construction and any fireworks containing any explosive
or flammable compound, or any tablets or other device contain-
ing any explosive substance. Provided, however, that said
word "fireworks" shall not include toy pistols, toy canes, toy
guns or other devices in which paper caps containing twenty-
1943] Chapter 66 89
five hundredths grains or less of explosive compound are
used, providing they are so constructed that the hand cannot
come in contact with the cap when in place for the explosion,
and toy pistol paper caps which contain less than twenty hun-
dredths grains of explosive mixture, the sale and use of which
shall be permitted at all times.
2. Permits for Pyrotechnic Displays. Except as herein-
after provided it is unlawful for any person, firm, copartner-
ship, or corporation to offer for sale, expose for sale, sell at
retail, or use or explode any fireworks; provided that the
licensing board of any city or town, or if a duly constituted
licensing board does not exist, the chief police officer of a city
or town, if any, otherwise the selectmen of the town or the
commissioners of a village district, is hereby authorized to
grant permits for supervised public displays of fireworks by
municipalities, fair associations, amusement parks, and other
organizations or groups of individuals. Every such display
shall be handled by a competent operator to be approved by the
chief officers of the police and fire departments, the board of
selectmen, or the commissioners, of the city, town or village
district in which the display is to be held and shall be of such
a character, and so located, discharged or fired as in the
opinion of the chief of the fire department or fireward, after
proper inspection, shall not be hazardous to property or en-
danger any person or persons. Application for permits shall
be made in writing at least fifteen days in advance of the date
of the display. After such privilege shall have been granted,
sales, possession, use and distribution of fireworks for such
display shall be lawful for the purposes of the permit only. No
permit granted hereunder shall be transferable.
3. Exceptions. Nothing in this chapter shall be construed
to prohibit any resident wholesaler, dealer, or jobber to sell at
wholesale such fireworks, as are not herein prohibited; or the
sale of any kind of fireworks, provided the same are to be
shipped directly out of the state; or the use of fireworks by
railroads or other transportation agencies for signal purposes
of illumination, or law enforcement agencies, or the sale or
use of blank cartridges for a show or theatre, or for signal or
ceremonial purposes or in athletics or sports, or for use by
military organizations.
4. Enforcement. The law enforcing authorities of the
state, counties, or any city or town, are authorized and directed
90 Chapter 67 [1943
to seize, take, remove, or cause to be removed at the expense
of the owner all stocks of fireworks or combustibles offered or
exposed for sale, stored or held in violation hereof.
5. Penalties. Any person, firm, copartnership or corpora-
tion violating any of the provisions of this chapter shall be
fined not exceeding one hundred dollars or by imprisonment
not exceeding ninety days, or both, and in addition shall be
liable, in any civil action, to any person for damages resulting
from such illegal sale or use of fireworks, and neither assump-
tion of risk nor contributory negligency shall be a defense for
such violator.
2. Takes Effect. This act shall take effect January 1, 1944.
[Approved March 12, 1943.]
CHAPTER 67.
AN ACT AUTHORIZING THE RELIEF OF PERSONS AND CORPORA-
TIONS BY SUSPENDING SUCH ATTACHMENT, EXECUTION SALE
AND MORTGAGE FORECLOSURE PROCEEDINGS AS WORK
UNJUST HARDSHIP BY REASON OF THE
WAR EMERGENCY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Declaration of War Emergency. It is hereby declared
that a war emergency exists affecting the welfare, comfort
and safety of the people of the state and causing an abnormal
disruption of economic and financial processes. Therefore, in
the public interest the necessity for legislative intervention by
the enactment of the provisions hereinafter prescribed is
hereby declared as a matter of legislative determination.
2. Definition. As used hereinafter the word "person" shall
mean individuals, associations, and corporations.
Foreclosure Sale Proceedings
3. Sale. In proceedings for the foreclosure of mortgages
or liens on real property under the provisions of chapters 261
and 264 of the Revised Laws, the mortgagor may petition the
court having jurisdiction thereof to order the officer fore-
closing such mortgages or liens not to take possession of,
advertise for sale, or sell such property if such proceedings
1943] Chapter 67 91
would work an unjust hardship upon the petitioner because of
the war emergency.
4. Petition. The petition shall be sworn to under oath,
shall set forth the manner in which such taking of possession,
advertising for sale, or the sale of such property would work
an unjust hardship upon the petitioner, and the length of time
it would be necessary to suspend such proceedings in order to
avoid unjust hardship upon the petitioner, and shall include an
affidavit under oath containing a schedule of all the debts of
the petitioner, secured or unsecured, the names and addresses
of his creditors, any securities held by such creditors, a full
statement of his assets, their present value, and their value
under normal economic conditions, and a brief statement of his
past conduct in meeting his legal obligations and liabilities.
5. Notice. The petitioner shall cause a notice of such peti-
tion to be given to all parties to the foreclosure proceedings by
maihng, by registered mail, to the last known address of such
parties a copy of the petition.
6. Hearing. Upon a sworn affidavit of the petitioner that
such notice has been given the court shall forthwith fix a time
and place for a hearing thereon.
7. Orders. If after due hearing the court shall determine
that the taking of possession, advertising for sale, or sale of
such property under foreclosure proceedings would work an
unjust hardship on the petitioner, and that there is reasonable
probability that such hardship would be avoided by suspending
for a reasonable period said taking of possession, advertising
for sale, or sale of said property, he may, upon such terms and
conditions as justice requires, order said taking of possession,
advertising for sale or sale suspended for such reasonable
period.
8. Additional Orders. A party may apply at any time to
the court having jurisdiction thereof for such additional orders
in the premises as may be proper under the foregoing sections,
and such court shall have jurisdiction and authority to re-
voke, revise, alter or modify any previous orders therein made
by him or by any justice of such court.
Proceedings to Redeem
9. Redemption. While this act shall be and remain in
force, in proceedings to foreclose a mortgage or lien upon real
property upon petition by the mortgagor or lienor the court at
92 Chapter 67 [1943
the time of entering the decree of foreclosure, in his discretion,
and upon such terms and conditions as shall be equitable under
the then existing conditions, may extend the time within which
the premises may be redeemed, for such period as would not
work an unjust hardship upon the parties interested, and at
any time thereafter upon the petition of the mortgagor, lienor
or those holding under him, on notice to the mortgagee and
after hearing thereon, may reopen such decree and make such
further orders relating thereto as justice may require. The
provisions of this section, so far as pertinent thereto, shall
apply to decrees heretofore entered where the time therein
fixed for redemption has not expired on the date of such
petition.
10. Additional Orders. Any party in interest may apply to
the court at any time upon the grounds of a change in condi-
tions and the court, upon due notice and hearing, may, if jus-
tice requires, revoke, revise, alter or modify any order
previously made.
11. Limitation. The preceding sections shall apply to only
such proceedings as concern liabilities or obligations incurred
prior to the passage of this act, except as hereinafter other-
wise provided.
Miscellaneous
12. Powers and Authority. A court having jurisdiction in
any proceedings hereunder shall have full power and authority
to make all necessary orders incident to the exercise of the
jurisdiction conferred by the provisions herein, including such
orders as relate to the custody, preservation and conservation
of the property of the debtor and the rights of the creditors
therein as may be deemed necessary and proper for the pro-
tection of all parties in interest.
13. Presiding Justice. Whenever practicable any justice
of a court having jurisdiction of proceedings hereunder, who
has first presided in a proceeding hereunder shall preside over
all further proceedings relating to the same matter, but when
it is impracticable for him so to do he may request any other
justice of the same court to act therein in his stead.
14. Limitation. Nothing herein shall affect or change any
lawful security held by any creditor, nor its order or priority,
and such rights of security or priority shall be considered by
the court in any orders made hereunder relating to the sub-
ject matter of such security.
1943] Chapter 67 93
15. Receivers. Nothing herein shall be deemed to affect
the general equity powers of a court relating to receivers and
receiverships.
16. Statute of Limitation. When the provisions of this
act are invoked any statute of limitation applicable to the mat-
ters embraced in such proceedings shall be tolled during the
pendency thereof.
17. Renewal of Obligations. Any proceeding to enforce
any contract renewing an obligation contracted prior to the
passage of this act shall be subject to the same provisions
hereof as are other obligations contracted prior to the passage
of this act.
18. Attendance of Witnesses. A party to any proceeding
hereunder may have free process from the court to compel
the attendance of witnesses if the court shall be of the opinion
that he is poor and unable to defray the expense and that in-
justice may be done if provision is not made therefor at
public expense.
19. Order of Trial. All hearings in proceedings hereunder
shall be held as soon as practicable and in the order of trial
shall have precedence over all other matters except criminal
proceedings.
20. Suspension of Prior Legislation. While this act shall
be in force all laws, or parts thereof, inconsistent herewitli
shall be deemed to be suspended, provided that upon the termi-
nation of the emergency herein defined, to be determined as
hereinafter provided, this act shall cease to be effective and all
such suspended acts, laws or statutes, or parts thereof, shall
thereupon^ forthwith be and become in full force and effect.
Except that whenever action has been taken or orders made
by a court under the provisions hereof, such court shall have
jurisdiction to make such further order therein as may be
deemed necessary to an appropriate disposition of matters
then pending before him,
21. Separability. If any portion of this act is held uncon-
stitutional or invalid, such holding shall not affect the validity
of the act as a whole, or any other portion thereof.
22. False Statements. If any person shall make a false
statement in any affidavit or schedule required under the pro-
visions hereof he shall be fined not more than one liundred
dollars and imprisoned for not more than six months or both.
23. Period of Emergency. The period of emergency herein
94 Chapter 68 [1943
provided for shall be from the date of the passage of this act
until such date as the governor may declare the emergency to
be at an end, and authority is hereby conferred upon the gov-
ernor to make such declaration by proclamation when in his
judgment the conditions warrant.
24. Takes Effect. This act shall take effect from its pas-
sage and terminate not later than two years thereafter, unless
previously terminated as provided for in the preceding section.
[Approved March 16, 1943.]
CHAPTER 68.
AN ACT RELATIVE TO DISCONTINUANCE OF HIGHWAYS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Discontinuance of Highways. Amend section 1 of chap-
ter 95 of the Revised Laws by inserting after the word "dis-
continued" in the sixth line the words, or discontinued, so that
said section as amended shall read as follows : 1. Procedure.
Highways in a town may be discontinued, or discontinued as
open highways and made subject to gates and bars, by vote
of the town. If they extend beyond the limits of the town
they may be discontinued upon petition to the superior court
and like proceedings thereon as in laying out highways. In
the case of highways heretofore or hereafter so discontinued,
or discontinued as open highways and made subject to gates
and bars, the town shall be relieved of all obligation to main-
tain said highways and of all liability for damages incurred
in the use thereof.
2. Property Owners. Amend chapter 95 of the Revised
Laws by inserting after section 1 the following new section:
1-a. Right of Access. In the case of highways hereafter
discontinued, or discontinued as open highways and made sub-
ject to gates and bars, by vote of the town, no vote of such
town shall in any case release the easement of the public to
the extent of depriving an owner of property from using the
same to gain access to his property, if other access thereto is
not available, unless such owner shall execute in writing a re-
1943] Chapters 69, 70 95
lease of such right, such release to be filed in the office of the
town clerk.
3. Takes Eft'ect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
CHAPTER 69.
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 Hoicse 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, chap-
ter 1, Laws of 1937, chapter 38, Laws of 1939, and chapter 8,
Laws of 1941, by 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 certifi-
cates of emergency or to guarantee the payment of loans made
by virtue of such certificates shall continue for the term of
twelve years from the date of the passage of this act, but all
other provisions of this act shall remain in force until the
loans authorized by this act have been fully paid.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
CHAPTER 70.
AN ACT IN RELATION TO TRUSTEES OF TRUST FUNDS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Town Trust Funds. Amend section 22 of chapter 51
of the Revised Laws by striking out the words : "The election
shall be under a proper article in the warrant and upon a
separate ballot" and by adding at the end of said section the
following: Trustees shall organize by electing one of their
number treasurer, who shall keep the records and books of the
96 Chapter 71 [1943
trustees ; so that said section as amended shall read as follows :
22. Trustees. All such trusts shall be administered by a
board of three trustees. One trustee shall be elected by ballot
at each annual town meeting for a term of three years. Vacan-
cies shall be filled by the selectmen for the remainder of the
term. In cities said trustees shall be chosen and hold their
office for such term as shall be provided for by city ordinance.
Trustees shall organize by electing one of their number
treasurer, who shall keep the records and books of the trustees.
2. Treasurer. Amend section 28 of chapter 51 of the Re-
vised Laws by striking out all of said section and inserting in
place thereof the following: 28. Compensation. The treas-
urer of the trustees shall receive such compensation as the
town meeting may determine, and all of said trustees shall
receive their actual expenses to be paid by the town.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
CHAPTER 71.
AN ACT RELATING TO THE DEFENSE OF THE STATE, GRANTING
EMERGENCY WAR POWERS TO THE GOVERNOR AND OTHER-
WISE PRESCRIBING THE INCIDENTS THEREOF.
Be it Enacted by the Senate and House of Representatives in
General Court convened:
1, Short Title. This act may be cited as the State Emer-
gency War Powers Act of 1943.
2. Findings; Purposes; Policy. It is hereby found and
declared that it is necessary, because of the war in which the
United States of America is engaged, to grant to the gov-
ernor of the state the emergency war powers and the incidents
thereof enumerated herein. It is further declared that the
enforcement of the statutes of this state should not hinder,
impede, delay or interfere with the proper conduct of the war.
It is further declared to be the purpose of this act and the
policy of the state to assist the president of the United States,
as commander-in-chief of the army and navy, in the success-
ful prosecution of the war ; to cooperate with the federal gov-
ernment and other states in matters relating to the war effort,
to meet the extraordinary conditions and problems resulting
1943] Chapter 71 97
in this state from the war by taking such steps as are neces-
sary and appropriate to carry out the provisions of this act;
and, generally to empower the governor to defend the state,
protect the public peace, health and safety and preserve the
lives and property of the people of the state in accordance
with the provisions of article 51, Part II, of the constitution
of New Hampshire.
3. Cooperation with Federal and State Authorities. The
governor, with the advice and consent of the council, shall
have full power and authority to cooperate with the federal
authorities and with the governors of the other states in
matters pertaining to the common defense of the state and
nation, and in exercising his powers hereunder he shall avoid
duplication of and conflicts with the efforts of the federal
authorities acting within their proper spheres.
4. Power to Suspend or Modify Statutes Impeding the War
Effort. When in the opinion of the governor and council it
shall appear that the enforcement of a particular statute of
this state or any part thereof will conflict with the enforce-
ment of a particular federal statute or lawful regulation re-
lating to the prosecution of the war or will interfere with the
proper conduct of the war, or with the provisions of this act,
or any rule or regulation promulgated thereunder, the gov-
ernor, with the advice and consent of the council, may pro-
mulgate orders suspending or modifying the enforcement of
the statute, in whole or in part, generally or in its application
to particular areas, classes of persons, corporations or circum-
stances, impose such terms and conditions as may be necessary
and may from time to time amend, revoke or rescind any such
order. Provided however, that the power conferred by this
section shall not be exercised, unless and until the necessity
therefor shall be determined by the governor, with the advice
and consent of the council, after such study, investigation or
hearing as he or they may make, direct or conduct. The gov-
ernor shall report to the legislature at its next session the pro-
ceedings taken pursuant to this section and shall transmit at
the same time to the legislature copies of all orders pro-
mulgated hereunder.
5. Surveys Regarding Necessities of Life or Defense and
the Conservation Thereof. The governor, with the advice and
consent of the council, may ascertain the amount of food and
other necessities of life or defense within the state, the amount
98 Chapter 71 [1943
of land, materials and labor available for the production or
processing of food and clothing and the means of producing
or processing within or of obtaining without the state food
and other necessities of life or defense and the distribution of
the same, and he may publish any data obtained relating to
the cost or supply of such food or other necessities of life or
defense and the means of producing, obtaining or distributing
the same. In making such investigation he may compel the
attendance of witnesses and the production of documents, and
he may examine the books and papers of individuals, firms,
associations and corporations producing or dealing in food
or other necessities of life or defense, and he may compel the
cooperation of all officers, boards, commissions and depart-
ments of the state or the several subdivisions thereof having
information that may assist him in making the said investi-
gation. Whenever it is the opinion of the governor and coun-
cil that due to the war there is liable to be a serious shortage
in the supply of food, fuel, clothing or any other necessity of
life or defense, to assist the federal authorities, the governor,
with the advice and consent of the council, may promulgate
such rules and regulations as may from time to time be
deemed necessary to regulate the distribution of such neces-
sities and to prohibit and prevent the wasting, secreting, hid-
ing or hoarding or profiteering in such necessities. In the
exercise of this and every other power granted in this act no
private dwelling shall be entered without the consent of the
owner or principal occupant thereof, except by virtue of the
exercise of proper legal process duly issued by a court of
competent jurisdiction.
6. Taking of Private Property, Compensation Therefor and
the Use Thereof.
I. Whenever a war-created emergency necessarily re-
quires such action, the governor may (1) take possession of
any private real estate and the improvements thereon for a
limited period and (2) take title in the name of the state to
any such improvement when the exigencies of the situation
require its destruction, and (3) take possession or title in the
name of the state to (a) any high explosives, except small
arms ammunition; (b) any horses, vehicles, motor vehicles,
aeroplanes, ships, boats or any other means of conveyance, in-
cluding the rolling stock of steam or electric railroads or of
street railways; (c) any cattle, poultry, provisions for man or
1943] Chapter 71 99
beast, clothing, bedding, medicines and medical supplies in
excess of the reasonable and immediate needs of the owner
and his household; (d) any fuel for heating or other neces-
sary purposes; (e) any gasoline or other means of motor or
engine propulsion; but such takings shall be strictly limited
to the necessities of the situation.
II. Whenever the governor takes possession of any real
estate or title to any personal property under this section the
owner or possessor thereof, hereinafter referred to as the
claimant, shall be entitled to damages on account of such
taking. Upon the taking of any such property the chief
justice of the superior court is authorized to appoint a com-
mission of three suitable persons to assess damages in cases
where the amount cannot be determined by agreement. Said
chief justice shall fix the per diem compensation of the mem-
bers of the commission and fill any vacancies which may occur
therein. Said commission shall determine what sum shall
justly compensate the claimant for the property so taken and
may in the performance of its duties hire and the state shall
pay for the services of such skilled and disinterested apprais-
ers as said commission shall deem necessary to assist in the
performance of its duty.
III. If the claimant, or the attorney general represent-
ing the state, is not satisfied with the award made by said
commission, he may appeal within thirty days thereafter to
the superior court, and said proceedings shall thereafter be
conducted in the superior court in accordance with the
guaranties of the constitution and such rules of procedure
as the majority of the judges of said court may adopt. All
unappealed awards or final judgment entered against the state
in all such proceedings and the fees and expenses of said com-
mission shall be paid by the state treasurer, with the approval
of the governor and council, from any money in the treasury
not otherwise appropriated.
IV. The property taken under this section shall be used
in such manner as the governor, with the advice and consent
of the council, shall deem for the best interests of the state,
its inhabitants or the United States, which manner may in-
clude the sale at the prevailing market price or the gratuitous
distribution to or among any or all of the inhabitants of the
state, of the articles enumerated in clauses (c), (d) and (e)
of the first sentence of this section. All moneys derived from
100 Chapter 71 [1943
the sale of any such property shall be paid over to the state
treasurer and by him deposited in the general funds of the
state.
7. Air Raid Protection Measures. In order to protect life
and property in the state from enemy action, the governor is
hereby authorized to carry out blackouts and other air raid
protection measures authorized or ordered by the army or
navy of the United States, or deemed advisable by the gover-
nor and council and to promulgate with advice of the council
such orders, rules and regulations as may be necessary to in-
sure the success thereof in protecting life and property from
enemy action.
8. Enforcement of Orders, Rules and Regulations. The
law enforcing authorities of the state, county, and of each city
and town, are authorized and directed to prosecute violations
of the orders, rules and regulations promulgated pursuant to
section 7 of this act.
9. Practice Blackouts and Air Raid Drills. Practice black-
outs and air raid drills may be carried out at such times and
for such periods and under such conditions as the state coun-
cil of defense shall deem appropriate or necessary but subject
always to the orders and directions of the governor and coun-
cil and the army or navy of the United States and the orders,
rules and regulations authorized by this act.
10. Exemption from Liability for Damage. Except as
otherwise provided by this act, neither the state nor any city
or town, nor any fire district, nor the agents or representa-
tives of the state or of any city or town or fire district, nor
any civilian defense worker or member of any agency engaged
in civilian defense activity who, acting in good faith and not
wilfully or wantonly, in carrying out, complying with or
attempting to comply with, any order, rule, or regulation
promulgated pursuant to the provisions of this act shall be
liable for any damage sustained to persons or property as the
result of said activity.
11. Fire Safety Regulations and Outside Service by Police
and Firemen. For the protection of life and property within
the state, the governor, with the advice and consent of the
council, may make and promulgate such fire safety rules and
regulations as he may deem advisable, including the assign-
ing, detailing and making available for duty and use in any city
or town of this state any of the personnel, apparatus or other
1943] Chapter 71 101
equipment of any police or fire department of any other city
or town, or of any volunteer fire company, and such personnel
shall have the same powers, duties, rights, privileges and im-
munities as if performing their duties in the city or town in
which they normally would be employed, but such personnel
shall obey the orders of the police and fire authorities of the
city or town to which assigned, detailed or made available.
When assigned, detailed or made available as aforesaid, the
city or town in which such police or firemen shall perform
such outside duties shall provide them with subsistence or pay
them a reasonable allowance therefor, and shall also be liable
for any damage to such apparatus or equipment incurred
while being so used; provided, however, that a city or town
shall be reimbursed by the state out of the general fund of the
state for all expenses incurred under the foregoing provisions
of this section.
12. Fire Inspection. The mayor of each city and the
selectmen in each town may, through any officials or persons
designated and duly authorized in writing, make an inspection
of all premises within such town or city for the purpose of
discovering fire hazards, but no private dwelling shall be in-
spected without the consent of the owner or principal occupant
thereof without due process of law. No such person or
official or mayor or selectman may be called upon to testify in
any criminal or civil proceedings with respect to any matters
of fact not related to fire protection discovered or ascertained
on the premises of any private person or corporation while in
the course of any such inspection.
13. Powers of the Governor Respecting Public Highways
and Streets. The governor, v/ith the advice and consent of
the council, is hereby authorized to:
I. Cooperate with the agencies of other states and of
the federal government in the furtherance of national de-
fense by the formulation and execution of plans for the rapid
and safe movement over public highways and streets of
troops, vehicles of a military nature, materials for national
defense, and all other traffic ;
II. Coordinate the activities of the departments or
agencies of this state or political subdivisions thereof con-
cerned directly or indirectly with public highways and streets
in a manner which will effect the rapid and safe movement
102 Chapter 71 [1943
over the same of troops, vehicles of a military nature, and
materials for national defense.
III. Make and promulgate rules and regulations and do
any and all other things by him deemed necessary and de-
sirable for the control of traffic over public highways and
streets to accomplish the purposes of this section.
14. Establishment of Defense Areas. Whenever the gov-
ernor and the military or naval authorities of the United
States are in agreement that such action is necessary for the
public safety, or whenever there exists an emergency which
at any time would warrant a declaration of martial law, the
governor, with the advice and consent of the council, may for
the duration of such necessity or emergency determine areas
of particular importance to the defense and safety of the state
and, he, with advice and consent of the council, may pro-
mulgate orders, rules and regulations for the protection of
persons and property within such areas, which orders, rules
and regulations shall be enforced by the police of the city or
town in which such area is located. In particular, but with-
out limiting the generality of the powers conferred by this
section, such orders and regulations may cover:
(1) The movement of traffic and persons;
(2) The operation or use of telephone, telegraph, water,
gas, electric, sewer or other public utility facilities ;
(3) The use or occupancy of buildings ;
(4) The demolition of buildings; and
(5) The evacuation of the area or any part thereof.
15. Evacuations. Whenever the governor, with the advice
and consent of the council, shall deem it necessary for the
public safety that an evacuation should be effected of any area
other than that described in section 14 of this act, the gov-
ernor may, after written notice to the appropriate military,
and naval authorities of the United States, order such evacu-
ation under such rules and regulations as shall be promulgated
by him, which orders, rules and regulations shall be enforced
by the police of the city or town in which such area is located.
Whenever any evacuation is ordered under this or any other
section of this act, the governor may use any public or un-
occupied private building to house persons so evacuated, and
just compensation shall be paid by the state for such use of
any private building in the manner provided for the taking
of property under section 6 of this act.
1943] Chapter 71 103
16. Establishment of Emergency Health and Sanitation
Areas. Whenever the public health so requires, the governor,
with the advice and consent of the council, may designate as
a special emergency health and sanitation area, any area
within the state which has been seriously damaged by air
raids or other catastrophe or, in which the existence of any
military or naval establishment of the United States of
America or of any industrial establishment constructed or en-
larged for purposes of national defense, has caused an in-
crease in the population of such area to such an extent as to
produce unusual problems of health and sanitation.
17. Health and Sanitation Rules and Regulations of the
Governor. Whenever a special emergency health and sanita-
tion area is established as provided in section 16, the governor,
with the advice and consent of the council, may promulgate
and enforce such rules and regulations for the protection of
the public health within such area as may be necessary, and
for the purpose he may assume any or all of the powers and
authority heretofore or hereafter conferred by law upon the
health authorities of any town or city within such area.
18. Offers of Equipment, Supplies, Materials, or Funds.
Whenever the United States of America or any agency or
officer thereof, or any other person or corporation shall offer
to give or to lend gratuitously equipment, supplies, materials
or funds for wartime or defense activities to the state or to
any city, town, fire district, or other political subdivision of
the state, and the acceptance of the same on the terms speci-
fied in said offer is not otherwise authorized by law, the state
or such political subdivision, is hereby authorized to accept
the same and the governor of the state or the mayor of the
city and the selectmen of the town, or the head of the fire
district, or the head of any other political subdivision, as the
case may be, may authorize any officer of the state or such
political subdivision to accept said equipment, supplies,
materials or funds on behalf of the state or such political sub-
division, and the officer so authorized shall accept the same,
subject to the terms of such offer. If permitted under the
terms of such gift or lending, the governor, with the advice
and consent of the council, may give or lend gratuitously to
any city or town such equipment, supplies, materials or funds
for wartime or defense activities, and may prescribe rules and
regulations for the use thereof.
104 Chapter 71 [1943
19. Removal of Administrative Offices of Government.
Whenever an actual or threatened enemy attack makes such
action expedient, the governor, with the advice and consent
of the council, shall have the power by proclamation to re-
move any or all of the administrative offices of the state gov-
ernment to any place within or without the state, and there-
upon all administrative acts of the governor and of other
officers of the state, shall be as valid and binding as if per-
formed within the state, and the mayor of any city and the
selectmen of any town shall have power by proclamation to
remove any or all of the administrative offices of the city or
town government to any other municipality within or without
the state, and thereupon all administrative acts of the officers
of such city or town shall be as valid and binding as if per-
formed within their respective cities or towns.
20. Effect of Orders, Rules and Regulations. All orders,
rules and regulations promulgated by the governor, or the
governor with the advice and consent of the council, under
this act shall have the full force and effect of law. A copy
thereof shall be filed in the office of the secretary of state.
21. Penalties. Any person violating any provisions of this
act or any rule, order or regulation promulgated pursuant to
this act shall be fined not exceeding five hundred dollars or
imprisoned for not more than one year, or both.
22. Construction and Operation. This act shall be con-
strued liberally in the light of the high purposes declared in
section 2 but those entrusted with the exercise or enforcement
of its great powers shall act with restraint and moderation
and with strict regard to the rights of the people affected
thereby.
23. Severability. If any provisions of this act, or the
application thereof to any person or circumstances, is held in-
valid, such invalidity shall not affect other provisions or appli-
cations of the act which can be given effect without the in-
valid provision or application, and to this end the provisions
of this act are declared to be severable.
24. Inoperation of Other Laws. Any provision of any
general or special law, or of any rule, regulation, ordinance
or by-law, to the extent that such provision is inconsistent
with this act or any order or regulation issued or promulgated
under this act, shall be inoperative while such order or such
last mentioned regulation is in effect ; provided, that nothing
1943] Chapter 72 105
in this section shall be deemed to affect or prohibit any prose-
cution for a violation of any such provision before it became
inoperative.
25. Effective Date; Expiration; Termination. An emer-
gency is declared to exist and this act takes effect immediately
upon its passage, and it shall remain in force until whichever
of the following events shall happen first: (1) the governor
shall issue a proclamation relinquishing the powers herein be-
stowed, (2) the legislature shall pass a concurrent resolution
declaring that the emergency in justification of extraordinary
wartime powers no longer exists, (3) the president of the
United States shall issue a proclamation that hostilities have
ceased, the war is terminated, or the emergency no longer
exists.
[Approved March 16, 1943.]
CHAPTER 72.-
AN ACT RELATIVE TO REINSTATEMENT OP PERSONS IN THE STATE
SERVICE AFTER MILITARY OR NAVAL SERVICE OF THE
UNITED STATES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Service. Amend chapter 218 of the Laws of 1941
by adding after section 4 the following new section: 4-a.
Reinstatement. Any person who left the state service to
enter the military or naval service between September 16, 1940
and December 7, 1941 and any person who held a permanent
office or position in the state service on December 7, 1941 and
who left or leaves such office or position to enter the military
or naval service, shall be reinstated after such military or
naval service, unless his term of office has expired, provided
he makes application therefor within forty days after he has
been relieved from such service or within forty days after the
date upon which he could by his own application have obtained
a discharge, unless prevented from making application for
such discharge by circumstances beyond his control. Failure
to make application within such time shall be construed to
create a vacancy in the office in the state service. No such
person shall be entitled to reinstatement in the event of his
dishonorable discharge from such military or naval service. If
* Sec also chapter 203, post.
106 Chapter 73 [1943
during the absence of such persons 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, if rein-
stated, and they may make rules and regulations to effectuate
the purposes hereof.
2. Military or Naval Service During Emergency. Amend
chapter 218 of the Laws of 1941 by adding after section 6 the
following new section: 6-a. Definitions. The term "mili-
tary or naval service" as used in this chapter shall be con-
strued to include service in the marine corps, coast guard, or
any women's auxiliary service to the armed forces the mem-
bers of which are subject to and under military law. The term
"present emergency" as used in this chapter shall be construed
to include the war emergency.
3. Repeal. Chapter 18 of the Laws of 1941, relative to
state employees in military or naval service of the United
States, is hereby repealed.
4. Takes Effect. This act shall take eifect upon its
passage.
[Approved March 16, 1943.]
CHAPTER 73.
AN ACT RELATIVE TO FRATERNAL BENEFIT SOCIETIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Beneficiaries. Amend section 13 of chapter 333 of the
Revised Laws by striking out the word "or" and inserting
in place thereof a comma, and further amend by adding at the
end of said section the words, persons upon whom the mem-
ber depends, or to any educational or charitable fund main-
tained by any society, so that said section as amended shall
read as follows : 13. Persons. The payment of death bene-
fits shall be confined to wife, husband, relative by blood to the
fourth degree, father-in-law, mother-in-law, son-in-law, daugh-
ter-in-law, stepfather, stepmother, stepchildren, betrothed,
children by legal adoption, persons dependent upon the mem-
ber, persons upon whom the member depends, or to any edu-
cational or charitable fund maintained by any society.
1943] Chapter 73 107
2. Mortuary Fund Expenses. Amend section 25 of chap-
ter 333 of the Revised Laws by adding at the end of said
section the words, provided, however, that whenever such so-
ciety is solvent as defined in section 80, it may use an amount
not exceeding five per cent of the accretions to said fund for
the payment of expenses necessarily incurred in the mainte-
nance, preservation and care of said funds, so that said section
as amended shall read as follows : 25. Distribution of Funds.
Every provision of the laws of the society for payment by
members of such society, in whatever form made, shall dis-
tinctly state the purpose of the same and the proportion
thereof which may be used for expenses, and no part of the
money collected for mortuary or disability purposes, or the net
accretions of either or any of said funds, shall be used for ex-
penses; provided, however, that whenever such society is sol-
vent, as defined in section 80, it may use an amount not
exceeding five per cent of the accretions to said fund for the
payment of expenses necessarily incurred in the maintenance,
preservation and care of said funds.
3. Increase of Juvenile Benefits. Amend chapter 333 of
the Revised Laws by striking out section 125 and inserting in
place thereof the following : 125. Limitation of Benefit. The
total death benefits payable as above provided shall in no case
exceed the following amounts at the next birthday after death,
respectively, as follows: One, one hundred dollars; two, two
hundred dollars ; three, three hundred dollars ; four, four hun-
dred dollars; five, five hundred dollars; six, six hundred dol-
lars; seven, seven hundred dollars; eight, eight hundred dol-
lars ; nine, nine hundred dollars ; ten to sixteen, one thousand
dollars.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
108 ' Chapters 74, 75 [1943
CHAPTER 74.
AN ACT CHANGING THE NAME OF WEARE RESERVOIR.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Weare Reservoir. On and after the passage of this act
the body of water in the town of Weare known as Weare
Reservoir shall be called Lake Horace.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
CHAPTER 75.
AN ACT RELATIVE TO COUNTING BALLOTS AT ELECTIONS,
Be it enacted by the Senate and Hou^e of Representatives in
General Court convened:
1. Elections. Amend section 79 of chapter 34 of the Re-
vised Laws by striking out said section and inserting in place
thereof the following: 79. Counting Ballots. Immediately
after the polls are closed the ballots shall be examined and the
votes for the several candidates and on any questions submit-
ted shall be counted by the moderator, in the presence of and
with the assistance of the town clerk, the selectmen and the
other election officers herein provided. The counting shall be
public, but within the guard-rail, and shall not be adjourned
nor postponed until it shall have been completed, and the whole
number of ballots cast for each person and on each question
submitted to the voters shall have been announced publicly.
While being counted no ballot shall be placed within four feet
of the guard-rail which forms the enclosure in which the
counting is done; and during such time only the aforesaid
officers shall be allowed within said enclosure.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
1943] Chapters 76, 77 109
CHAPTER 76.
AN ACT RELATIVE TO FILLING VACANCIES IN THE HOUSE OF
REPRESENTATIVES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Representatives to the General Court. Amend section
6 of chapter 40 of the Revised Laws by striking out said sec-
tion and inserting in place thereof the following : 6. Vacan-
cies. Whenever a vacancy shall exist in the representatives
or the representatives elect of any town in the general court
by reason of death, resignation, removal from town, or other
cause, the vacancy may be filled in the same manner as the
original election was made.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
CHAPTER 77.
AN ACT ESTABLISHING A TRAVEL DIVISION IN THE DEPARTMENT
OF THE COMPTROLLER.
Be it enacted by the Senate and Hou^e of Representatives in
General Court convened:
1. Powers and Duties of the Comptroller. Amend section
14 of chapter 23 of the Revised Laws by adding at the end
thereof the following new paragraph: (9) To adopt, with
the approval of the governor and council, such rules and regu-
lations as may be necessary to supervise and control all pay-
ments made from state funds for travel of officials and
employees within the state. For the purposes hereof the
comptroller shall establish within his department a travel
division and, subject to the approval of the governor and
council, appoint a director thereof.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
110 Chapters 78, 79 [1943
CHAPTER 78.
AN ACT IN RELATION TO THE ASSESSMENT OF STOCK IN TRADE.
Be it enacted by the Senate and Hottse of Representatives in
General Court convened:
1. Assessment of Stock in Trade. In determining the
average value of the stock in trade of merchants, shopkeepers,
mechanics or tradesmen during the period of war emergency,
selectmen and assessors shall take into consideration any de-
crease in value due to the fact that normal traffic in such
stock in trade has been restricted or frozen by governmental
authority.
2. Takes Effect. This act shall take effect on April 1, 1943,
and continue in effect until March 31, 1945.
[Approved March 16, 1943.]
CHAPTER 79.
AN ACT ESTABLISHING LIMITED ACCESS HIGHWAYS.
Be it enacted by the Senate and Hottse of Representatives in
General Court convened:
1. Limited Access Highways. Amend the Revised Laws
by inserting after chapter 93 the following new chapter:
Chapter 93-A
Limited Access Highways
1. Definition. Limited access highways are those high-
ways or parts of highways specially designated for through
traffic, and over, from or to which owners or occupants of
abutting land have no easement or right of light, air or access
by reason of such abuttal.
2. Authority to Layout. When military necessity or the
safety and convenience of the traveling public requires, the
governor and council, upon recommendation of the highway
commissioner, and after a hearing thereon, shall designate and
locate a limited access highway, in the same manner as pre-
scribed for the change of routes of certain highways as pro-
vided in chapter 100 of the Revised Laws.
1943] Chapter 79 111
3. Service Roads. Service roads to provide access in cer-
tain cases where the highway commissioner shall consider it
necessary for the convenience and safety of abutting owners of
land, shall be included as a part of a limited access highway.
4. Procedure. The taking of land for the purpose of creat-
ing a limited access highway, including any service roads con-
nected therewith, and the payment of damage occasioned by
the taking of such land and for the taking of or injury to the
easements of access of abutting owners of land shall proceed
in the same manner as for laying out highways to public
waters, as provided in chapter 93 of the Revised Laws.
5. Surplus and Sale. The commission, appointed by the
governor and council to lay out such highway, may in their dis-
cretion acquire on behalf of the state an entire lot, block or
tract of land, if by so doing the interests of the public will be
best served, even though said entire tract is not needed for the
right-of-way proper, and the governor and council upon recom-
mendation of the highway commissioner may sell, convey,
transfer or lease any of such surplus real estate at public or
private sale upon such terms as they may approve.
6. Regulation of Traffic. The highway commissioner shall
regulate all traffic entering, leaving or passing over a limited
access highway, and may make such agreements with a city or
town as will provide for the safety of traffic at the intersection
of roads or streets in the compact sections of any city or town.
7. Separability Clause. If any provision of this chapter
or the application thereof to any person or circumstance, is
held invalid the remainder of the chapter and the application
of such provision to other persons or circumstance shall not
be affected thereby.
8. Penalties. Whoever violates any of the published regu-
lations governing traffic on a limited access highway shall be
fined not less than five dollars nor more than one hundred
dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 17, 1943.]
112 Chapter 80 [1943
CHAPTER 80.
AN ACT RELATING TO TOWN BUDGETS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Municipal Budget Law. Amend section 4 of chapter 52
of the Revised Laws by striking out said section and inserting
in place thereof the following: 4.* Limitation. So long as
the provisions of this chapter shall remain in force in any town
the total amount appropriated at any annual meeting shall not
exceed by more than ten per cent the total amount specified
in the budget for said meeting, the total amount appropriated
for any one item shall not exceed by more than ten per cent
the total amount specified in the budget for said item, 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. Village Districts. Amend chapter 52 of the Revised
Laws by inserting after section 5 the following new section:
5-a. Authority of Budget Committee. In any town which
has adopted the provisions of the municipal budget law, in
addition to its other duties hereunder, the budget committee
shall prepare a budget for any village district or precinct
wholly within the boundaries of said town. The limitations
upon town appropriations, provided by this chapter, shall apply
to appropriations for said districts or precincts and the com-
missioners of any such district or precinct shall be subject to
the provisions of this chapter as other spending agencies of
said town. In case of sudden and unexpected emergency the
commissioners may apply to the tax commission for a certifi-
cate of emergency, as selectmen may do in the case of a town.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 17, 1943.]
* See also chapter 159, post.
1943] Chapter 81 113
CHAPTER 81.
AN ACT RELATING TO CHECK-LISTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Check-lists. Amend section 5 of chapter 32 of the Re-
vised Laws by striking- out the word "fourteen" in the third
Hne and inserting- in place thereof the word, thirty, so that
said section as amended shall read as follows: 5. Posting
Check-lists. The board shall make and post, at two or more
of the most public places in town, a complete alphabetical list
of all legal voters in the town thirty days before the day of
the biennial and annual elections and of any other election at
which such list is to be used.
2. Duties of Supervisors. Amend section 6 of said chap-
ter 32 by striking out said section and inserting in place
thereof the following: 6. Sessions for Correction, Small
Towns. In towns under four thousand five hundred popula-
tion as shown by the last federal census, they shall be in ses-
sion for the correction of the check-list, at some suitable place
in town, two days at least before the day of the election one
of which shall be the day next preceding that of election, ex-
cept as hereinafter provided, and upon which all hearings shall
be finally closed. If the said town has more than six hundred
voters the first session shall be upon the Tuesday next pre-
ceding the day of election, except as hereinafter provided, and
shall be adjourned to such subsequent day or days as will
permit all claims to be heard and decided. Any such town, by
majority vote at any town meeting, may adopt a final closing
date for sessions for correction of the check-list, provided that
such final closing date shall not be more than ten days prior
to the day of election. If said town shall adopt such optional
date the names of all persons not qualified to vote on or before
said optional date but who shall clearly be qualified to vote on
election day, may be added to the check-list on or before said
optional date. If said town shall adopt an optional date for
closing sessions, as hereinbefore provided, the first session
shall be upon the seventh day next preceding said optional
date. No additions or corrections shall be made after midnight
of said optional closing date, except as provided in section 16.
If any such town shall adopt a final closing date for sessions
ten days prior to election, additions and corrections shall be
114 Chapter 81 [1943
made to the previously posted check-list on or before midnight
on the succeeding Wednesday either by additions or correction
to said check-list or by posting a new corrected check-list.
Notice of the day, hour and place of each session of the board
of supervisors shall be given upon the check-lists first posted.
3. Additional Provisions. Amend said chapter 32 by add-
ing after section 6 the following new sections: 6-a. Large
Towns. In towns of more than 4500 population as shown by
the last federal census, they shall be in session for the cor-
rection of the check-list, at some suitable place in town, two
days at least before the day of the election, the last of which
shall be the Saturday prior to election and upon which all hear-
ings shall be finally closed. The first session shall be upon the
Tuesday next preceding the day of election, and shall be ad-
journed to such subsequent day or days as will permit all
claims to be heard and decided. The names of all persons not
qualified to vote on or before said final Saturday session but
who shall clearly be qualified to vote on election day, may be
added to the check-list on or before said Saturday session. No
additions or corrections shall be made after midnight Satur-
day prior to election day, except as provided in section 16.
Notice of the day, hour and place of each session of the board
of supervisors shall be given upon the check-lists first posted.
6-b. Cities. In cities, they shall be in session for the correc-
tion of the check-list, at some suitable place in the city, two
days at least before the day of the election, the last of which
shall be the Saturday ten days prior to election and upon which
all hearings shall be finally closed. The first session shall be
upon the third Tuesday next preceding the day of election, and
shall be adjourned to such subsequent day or days as will per-
mit all claims to be heard and decided. The names of all per-
sons not qualified to vote on or before said final Saturday
session but who shall clearly be qualified to vote on election
day, may be added to the check-list on or before said Saturday
session. No additions or corrections shall be made after mid-
night Saturday ten days prior to election day, except as pro-
vided in section 16. Said additions and corrections shall be
made to the previously posted check-list on or before midnight
on the succeeding Wednesday either by additions or correc-
tions to said check-hst or by posting a new corrected check-
list. Notice of the day, hour and place of each session of the
1943] Chapter 81 115
board of supervisors shall be given upon the check-lists first
posted.
4. List of Voters. Amend section 13 of chapter 32 by-
striking- out said section and inserting in place thereof the
following: 13. Certification of List. They shall subscribe
and make oath to the following certificate on the back of the
check-list, as corrected by them: We, the supervisors of the
check-list of the town (or ward) of ,
do solemnly swear, that, according to our best knowledge, the
within list contains (number) names of
those persons only who are, by actual residence, legal voters
in said town (or ward). So help us God. They shall file a
true copy of the corrected list, attested by them, with the town
clerk. Any person who swears falsely in making such cer-
tificate shall be guilty of perjury.
5. Corrections. Amend section 16 of said chapter 32 by
striking out said section and inserting in place thereof the
following: 16. Conclusiveness of List. All persons whose
names are entered upon the check-list as thus corrected shall
be deemed to be the legal voters in the town; and no person
whose name is not upon the list shall be allowed to vote, unless
it clearly appears that the name of said person has been omit-
ted from said list by clerical error or mistake and then only
by vote of the majority of the board.
6. Repeal. Chapter 328 of the Laws of 1933, relative to
check-lists in the towns of Claremont and Newport, is hereby
repealed.
7. Application of Act. This act shall apply to all cities
and towns in the state as herein provided, and any provision
in any city charter inconsistent with the provisions hereof is
hereby repealed to the extent of such inconsistency, except
such provision as may call for an earlier date for closing
registration.
8. Takes Effect. This act shall take effect July 1, 1943.
[Approved March 18, 1943.]
116 Chapter 82 [1943
CHAPTER 82.
AN ACT RELATING TO THE ACQUISITION OF ONE RAILROAD
CORPORATION BY ANOTHER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Railroad Corporations. Amend section 27 of chapter
289 of the Revised Laws by adding at the end thereof the
following: When the commission has given its approval of
such an assignment or transfer, or of a contract or agreement
relating thereto, and upon the execution of appropriate in-
struments of assignment or transfer, the assignee or trans-
feree thereunder shall with the approval of the commission be
vested with all the rights and franchises of the assignor or
transferor and subject to all its duties and obligations, except
such duties and obligations as the commission may after hear-
ing and by order find that compliance is no longer reasonably
required in the public interest. Any holder of the capital
stock of such assignor or transferor corporation who shall feel
aggrieved by any such transaction shall be entitled to the
benefits of all statutes regulating, protecting and determining
the rights of a dissenting stockholder of a railroad in the case
of a lease or union with another railroad, and the rights of
any stockholder of such corporation dissenting from such
assignment, transfer, contract or agreement, approved as
aforesaid, shall be regulated, protected and determined by such
statutes, so that said section as amended shall read as follows :
27. Railroad Leases, etc. No franchise, nor any right to
or under any franchise, to own or operate a railroad shall be
assigned, transferred or leased, nor shall any contract or
agreement with reference to, or affecting any such franchise
or right, be valid or of any force or effect whatever, unless the
assignment, transfer, lease, contract or agreement shall have
been approved by the commission. When the commission has
given its approval of such an assignment or transfer, or of a
contract or agreement relating thereto, and upon the execu-
tion of appropriate instruments of assignment or transfer, the
assignee or transferee thereunder shall with the approval of
the commission be vested with all the rights and franchises of
the assignor or transferor and subject to all its duties and
obligations, except such duties and obligations as the commis-
1943] Chapter 83 117
sion may after hearing and by order find tliat compliance is no
longer reasonably required in the public interest. Any holder
of the capital stock of such assignor or transferor corporation
who shall feel aggrieved by any such transaction shall be
entitled to the benefits of all statutes regulating, protecting
and determining the rights of a dissenting stockholder of a
railroad in the case of a lease or union with another railroad,
and the rights of any stockholder of such corporation dissent-
ing from such assignment, transfer, contract or agreement,
approved as aforesaid, shall be regulated, protected and deter-
mined by such statutes.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 18, 1943.]
CHAPTER 83.
AN ACT RELATIVE TO PARI MUTUEL POOLS AT RACE MEETS.
Be it enacted by the Senate and Hotise of Representatives in
General Court convened:
1. Horse Racing. Amend section 15 of chapter 171 of the
Revised Laws by striking out the figure "1944" in the fifth
line and inserting in place thereof the figure, 1946, so that said
section as amended shall read as follows: 15. Pari Mutuel
Pools. Within the enclosure of any race track where is held
a race or race meet licensed and conducted under this chapter,
but not elsewhere, the sale of pari mutuel pools by the licensee
under such regulations as may be prescribed by said commis-
sion is hereby permitted and authorized during the calendar
years 1941 to 1946, inclusive. Commissions on such pools shall
in no event and at no track exceed eleven per cent of each dol-
lar wagered, plus the odd cents of all redistribution to be based
on each dollar wagered exceeding a sum equal to the next low-
est multiple of ten, known as "breakage", one half of which
breakage shall be retained by the licensee and the balance
shall be paid to the state treasurer for the use of the state
in accordance with the provisions of section 2. 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 March 18, 1943.]
118 Chapters 84, 85 [1943
CHAPTER 84.
AN ACT RELATIVE TO SENTENCES TO STATE PRISON AND
EARLY RELEASE.
Be it enacted by the Senate and House of Representatives iii
General Court convened:
1. State Prison Sentences. Amend section 26 of chapter
429 of the Revised Laws by striking out the word "three" in
the second Hne and inserting in place thereof the word, two,
so that said section as amended shall read as follows: 26.
Release, Two Thirds of Minimum. Any prisoner whose con-
duct while in prison has been meritorious and v»^hose minimum
sentence is two years or more may be paroled by the state
board of parole when he has served two-thirds of his minimum
sentence, provided it shall appear to said board to be a reason-
able probability that he will remain at liberty without violating
the law and will conduct himself as a good citizen.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 18, 1943.]
CHAPTER 85.
AN ACT RELATIVE TO PENALTIES FOR VIOLATION OF MOTOR
VEHICLE LIABILITY INSURANCE LAW AND NOTICES RELATIVE
TO BEGINNING OF SUITS THEREUNDER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Suspension of Licenses. Amend section 5 of chapter
122 of the Revised Laws by striking out said section and in-
serting in place thereof the following: 5. Procedure after
Report of Accident. Upon receipt of the report required by
section 19 of chapter 118, the commissioner shall forthwith
suspend the license and registration certificate and registration
plates, if any, of the operator and the registration certificates
and plates of the owner of the vehicle, trailer, or semi-trailer
involved in the accident reported and his license, if any, until
such operator or owner or both shall have furnished sufficient
security to satisfy any judgment or judgments for damages
resulting from such accident as may be recovered against
1943] Chapter 86 119
such owner or operator by or on behalf of the aggrieved person
or his legal representative, and until such owner or operator
or both shall give and thereafter maintain proof of financial
responsibility in the future.*
2. Notice to Commissioner of Suit. Amend section 9 of
said chapter 122 by striking out said section and inserting in
place thereof the following : 9. Suspension. The suspension
required in section 5 shall remain in effect, the motor vehicle,
trailer, or semi-trailer in any manner involved in such accident
shall not be registered in the name of the person whose
license or registration was so suspended, and no other motor
vehicle, trailer, or semi-trailer shall be registered in the name
of such person nor shall any license be held by him until he has
obtained a release or a judgment in his favor in an action at
law to recover for damage to property or the death of or bodily
injury to any person resulting from such accident or unless he
shall have satisfied in the manner hereinafter provided any
judgment rendered against him in such action, and gives and
thereafter maintains proof of his financial responsibility. If
the commissioner has received no written notice from the
aggrieved or injured person or his legal representative that
suit has been brought within one year from the date of the
accident the commissioner then may, subject to the other re-
quirements of the law, issue to such person a new license to
operate and new registration certificates and registration
plates provided he shall give and thereafter maintain proof of
financial responsibility. A discharge in bankruptcy shall not
relieve the judgment debtor from any of the requirements of
this chapter.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 23, 1943.]
CHAPTER 86.
AN ACT PERMITTING CITIES TO CREATE PURCHASING
DEPARTMENTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Powers of City Councils. Amend chapter 65 of the Re-
vised Laws by adding at the end thereof the following new
* See also chapter 167, post.
120 Chapter 87 [1943
section: 16. City Purchasing Departments. The city coun-
cils of any city shall have power to establish an ordinance
creating a purchasing department for the city. The admin-
istrative head of such department shall be called the city pur-
chasing agent and he shall be appointed by the mayor with the
approval of the city council, or the city council by ordinance
may assign the duties of the city purchasing agent to an
existing municipal officer. The city purchasing agent shall
make all purchases of materials, equipment, and supplies for
all departments, officers and agencies of the city under such
rules and regulations as he shall promulgate subject to the
approval of the city councils. In any city adopting the pro-
visions hereof all departments, officers and agencies of the city
shall requisition to the purchasing agent for all purchases in
accordance with rules and regulations of said purchasing agent
and the city treasurer shall not charge purchases against city
funds unless and until the purchase order has been approved
by the purchasing agent, subject to such exceptions in case of
emergency as the councils may approve in accordance with
such rules and regulations. The rules and regulations relative
to the purchasing department shall include a requirement that
all purchases of an amount over one hundred dollars shall be
made by competitive bidding subject to such exceptions as the
councils may approve. In any city adopting the provisions
hereof, any special provisions of the charter of said city in-
consistent herewith relative to departments making their own
purchases are hereby repealed to the extent of such incon-
sistency.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 23, 1943.]
CHAPTER 87.
AN ACT RELATIVE TO NUMBER OF DELEGATES TO STATE POLITICAL
CONVENTIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Delegates to State Conventions. Amend section 5 of
chapter 33 of the Revised Laws by striking out said section
and inserting in place thereof the following: 5. Delegates.
1943] Chapter 88 121
At each primary there shall be elected in each town and ward,
from the legal voters therein, as many state delegates as such
town or ward is entitled to elect representatives to the general
court at the election next following such primary, and provided
a town is not entitled to elect a representative at such election,
there shall be elected in such town one state delegate.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 23, 1943.]
CHAPTER 88.
AN ACT RELATING TO VILLAGE DISTRICTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Special Meetings of Village Districts. Amend section 4
of chapter 70 of the Revised Laws by inserting after the word
"money" in the first line thereof the following, or reduce or
rescind any appropriation of money previously authorized, so
that said section as amended shall read as follows: 4. Ap-
propriations. No village district shall raise or appropriate
money, or reduce or rescind any appropriation of money pre-
viously authorized, at any special meeting of the inhabitants
thereof except by vote by ballot, nor unless the ballots cast at
such meeting shall be equal in number to at least one half of
the number of legal voters of such district at the regular meet-
ing next preceding such special meeting; and if a check-list
was used at the last preceding regular meeting the same shall
be used to ascertain the number of legal voters in the district ;
and such check-list, corrected according to law, shall be used
at such special meeting upon request of ten legal voters. In
case of an emergency arising in a district for which immediate
expenditure of money is necessary, the district through its
commissioners may appeal to the superior court for permission
to hold a special district meeting which, if granted, shall give
said meeting the same authority as the annual district meet-
ing.
2. Annual Meetings. Amend section 21, chapter 70 of the
Revised Laws by inserting after the word "same" in the fourth
line the following words, except as hereinafter provided, and
by inserting at the end thereof the following: In any case
122 Chapter 89 [1943
where a village district or precinct heretofore established by
special act is authorized to hold its annual meeting- at any
designated time, the time for such annual meeting so desig-
nated in such special act shall govern the holding of such
annual meeting unless said village district or precinct shall
otherwise vote in adopting the provisions of this chapter, so
that said section as amended shall read as follows : 21. May
Adopt Provisions. Village districts and precincts estabhshed
under the laws heretofore in force may adopt the provisions
of this chapter, and thereupon shall have the rights conferred
thereby and be governed by the same except as hereinafter
provided. Unless they do so, the laws under which they were
organized shall continue in force as to them, notwithstanding
their repeal in general terms. In any case where a village dis-
trict or precinct heretofore established by special act is author-
ized to hold its annual meeting any designated time, the time
for such annual meeting so designated in such special act shall
govern the holding of such annual meeting unless said village
district or precinct shall otherwise vote in adopting the pro-
visions of this chapter.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 25, 1943.]
CHAPTER 89.
AN ACT TO REQUIRE STANDARD NON-FORFEITURE PROVISIONS IN
POLICIES OF LIFE INSURANCE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Life Insurance Policies. Amend the Revised Laws by
inserting after chapter 327 the following new chapter :
Chapter 327-A*
Standard Non-forfeiture Law
1. Short Title. This chapter shall be known as the Stan-
dard Non-forfeiture Law.
2. Non-forfeiture Provisions Required. No policy of life
insurance issued on or after the operative date of this chapter,
as defined in section 8, except those policies and contract's
specified in section 7, shall be issued or delivered in this state
* See also chapter 107, post.
1943] Chapter 89 123
unless it shall contain in substance the following- provisions, or
corresponding provisions which in the opinion of the insurance
commissioner are at least as favorable to the defaulting or
surrendering policy-holder.
(a) That, in the event of default in any premium pay-
ment, the company will grant, upon proper request not later
than sixty days after the due date of the premium in default,
a paid-up non-forfeiture benefit on a plan stipulated in the
policy, effective as of such due date, of such value as may be
hereinafter specified.
(b) That, upon surrender of the policy within sixty days
after the due date of any premium payment in default after
premiums have been paid for at least three full years in the
case of ordinary insurance or five full years in the case of
industrial insurance, the company will pay, in lieu of any
paid-up non-forfeiture benefit, a cash surrender value of such
amount as may be hereinafter specified.
(c) That a specified paid-up non-forfeiture benefit shall
become effective as specified in the policy unless the person
entitled to make such election elects another available option
not later than sixty days after the due date of the premium in
default.
(d) That, if the policy shall have become paid up by
completion of all premium payments or if it is continued under
any paid-up non-forfeiture benefit which became effective on
or after the third policy anniversary in the case of ordinary
insurance or the fifth policy anniversary in the case of indus-
trial insurance, the company will pay, upon surrender of the
policy within thirty days after any policy anniversary, a cash
surrender value of such amount as may be hereinafter speci-
fied.
(e) A statement of the mortality table and interest rate
used in calculating the cash surrender values and the paid-up
non-forfeiture benefits available under the policy, together
with a table showing the cash surrender value, if any, and
paid-up non-forfeiture benefit, if any, available under the
policy on each policy anniversary either during the first
twenty policy years or during the term of the policy, which-
ever is shorter, such values and benefits to be calculated upon
the assumption that there are no dividends or paid-up addi-
tions credited to the policy and that there is no indebtedness
to the company on the policy.
124 Chapter 89 [1943
(f ) A statement of the method to be used in calculating
the cash surrender value and the paid-up non-forfeiture benefit
available under the policy on any policy anniversary with an
explanation of the manner in which the cash surrender values
and the paid-up non-forfeiture benefits are altered by the
existence of any paid-up additions credited to the policy or
any indebtedness to the company on the policy.
Any of the foregoing provisions or portions thereof not ap-
plicable by reason of the plan of insurance may, to the extent
inapplicable, be omitted from the policy.
The company shall reserve the right to defer the payment
of any cash surrender value for a period of six months after
demand therefor with surrender of the policy.
3. Minimum Cash Surrender Values. Any cash surrender
value available under the policy in the event of default in a
premium payment due on any policy anniversary, whether or
not required by section 2, shall be an amount not less than the
excess, if any, of the present value, on such anniversary, of the
future guaranteed benefits which would have been provided for
by the policy, including any existing paid-up additions, if there
had been no default, over the sum of (a) the then present
value of the adjusted premiums as defined in section 5, cor-
responding to premiums which would have fallen due on and
after such anniversary, and (b) the amount of any indebted-
ness to the company on the policy. Any cash surrender value
available within thirty days after any policy anniversary under
any policy paid up by completion of all premium payments or
any policy continued under any paid-up non-forfeiture benefit,
whether or not required by section 2, shall be an amount not
less than the present value, on such anniversary, of the future
guaranteed benefits provided for by the policy, including any
existing paid-up additions, decreased by any indebtedness to
the company on the policy.
4. Minimum Non-forfeiture Benefits. Any paid-up non-
forfeiture benefit available under the policy in the event of
default in a premium payment due on any policy anniversary
shall be such that its present value as of such anniversary
shall be at least equal to the cash surrender value then pro-
vided for by the policy or, if none is provided for, that cash
surrender value which would have been required by this chap-
ter in the absence of the condition that premiums shall have
been paid for at least a specified period.
1943] Chapter 89 125
5. Adjusted Premiums. The adjusted premiums for any
policy shall be calculated on an annual basis and shall be such
uniform percentage of the respective premiums specified in
the policy for each policy year that the present value, at the
date of issue of the policy, of all such adjusted premiums shall
be equal to the sum of (i) the then present value of the future
guaranteed benefits provided for by the policy; (ii) two per
cent of the amount of insurance, if the insurance be uniform
in amount, or of the equivalent uniform amount, as hereinafter
defined, if the amount of insurance varies with duration of the
pohcy; (iii) forty per cent of the adjusted premium for the
first policy year; (iv) twenty-five per cent of either the ad-
justed premium for the first pohcy year or the adjusted
premium for a whole life policy of the same uniform or equiva-
lent uniform amount with uniform premiums for the whole of
life issued at the same age for the same amount of insurance,
whichever is less. Provided, however, that in applying the
percentages specified in (iii) and (iv) above, no adjusted
premium shall be deemed to exceed four per cent of the
amount of insurance or level amount equivalent thereto. The
date of issue of a policy for the purpose of this section shall be
the date as of which the rated age of the insured is determined.
In the case of a policy providing an amount of insurance
varying with duration of the policy, the equivalent level
amount thereof for the purpose of this section shall be deemed
to be the level amount of insurance provided by an otherwise
similar policy, containing the same endowment benefit or bene-
fits, if any, issued at the same age and for the same term, the
amount of which does not vary with duration and the benefits
under which have the same present value at the inception of
the insurance as the benefits under the policy.
All adjusted premiums and present values referred to in this
chapter shall be calculated on the basis of the Commissioners
1941 Standard Ordinary Mortality Table for ordinary insurance
and the 1941 Standard Industrial Mortality Table for indus-
trial insurance and the rate of interest, not exceeding three
and one half per cent per annum, specified in the policy for
calculating cash surrender values and paid-up non-forfeiture
benefits. Provided, however, that in calculating the present
value of any paid-up term insurance with accompanying pure
endowment, if any, offered as a non-forfeiture benefit, the
rates of mortality assumed may be not more than one hundred
126 Chapter 89 [1943
and thirty per cent of the rates of mortality according to such
apphcable table. Provided, further, that for insurance issued
on a substandard basis, the calculation of any such adjusted
premiums and present values may be based on such other table
of mortality as may be specified by the company and approved
by the insurance commissioner.
6. Method of Calculating Cash Surrender Values and Non-
forfeiture Benefits. Any cash surrender value and any
paid-up non-forfeiture benefit, available under the policy in
the event of default in a premium payment due at any time
other than on the policy anniversary, shall be calculated with
allowance for the lapse of time and the payment of fractional
premiums beyond the last preceding policy anniversary. All
values referred to in sections 3, 4 and 5 may be calculated upon
the assumption that any death benefit is payable at the end
of the policy year of death. The net value of any paid-up addi-
tions, other than paid-up term additions, shall be not less than
the dividends used to provide such additions. Notwithstand-
ing the provisions of section 3, additional benefits payable (a)
in the event of death or dismemberment by accident or acci-
dental means, (b) in the event of total and permanent dis-
ability, (c) as reversionary annuity or deferred reversionary
annuity benefits, (d) as decreasing term insurance benefits
provided by a rider or supplemental policy provision to which,
if issued as a separate policy, this chapter would not apply,
and (e) as other poHcy benefits additional to hfe insurance
and endowment benefits, and premiums for all such additional
benefits, shall be disregarded in ascertaining cash surrender
values and non-forfeiture benefits required by this chapter,
and no such additional benefits shall be required to be included
in any paid-up non-forfeiture benefits.
7. Chapter not Applicable to Certain Contracts. This
chapter shall not apply to any reinsurance, group insurance,
pure endowment, annuity or reversionary annuity contract,
nor to any term policy of uniform amount, or renewal thereof,
of fifteen years or less expiring before age sixty-six, for which
uniform premiums are payable during the entire term of the
policy, nor to any term policy of decreasing amount on which
each adjusted premium, calculated as specified in section 5, is
less than the adjusted premium, so calculated, on such fifteen
year term policy issued at the same age and for the same
initial amount of insurance, nor to any policy which shall be
1943J Chapter 90 127
delivered outside this state through an agent or other repre-
sentative of the company issuing the policy.
8. Operative Date Defined. Any life insurance company
authorized to do business in this state may file with the insur-
ance commissioner a written notice of its intention to complj''
with the provisions hereof on and after a specified date prior to
January 1, 1948. After the filing of such notice, then upon
such specified date, which shall be the operative date of this
chapter for such company, this chapter shall become operative
with respect to policies thereafter issued by such company.
As to such companies making no such election, the operative
date of this chapter shall be January, 1, 1948.
2. Repeal; Takes Effect. All acts and parts of acts incon-
sistent with this act are hereby repealed and this act shall take
effect upon its passage.
[Approved March 25, 1943.]
CHAPTER 90.
AN ACT CREATING A STATE LIBRARY COMMISSION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Library Commission. Amend chapter 15 of the
Revised Laws by striking out section 1 to 47, inclusive, and
inserting in place thereof the following new subdivisions :
The State Library
1. Commission Establishedo There is hereby created a
state library commission which shall have general control and
supervision of the state library.
2. Commissioners. The governor with advice and consent
of the council shall appoint five persons as commissioners of
the state library. No more than three of the commissioners
shall be of the same political party and one commissioner
shall be a member of the New Hampshire bar.
3. Tenure. The term of office of each commissioner shall
be five years provided that of the first appointees one shall
be appointed for one year, one for tvv^o years, one for three
years, one for four years, and one for five years. Each com-
missioner shall hold office until his successor is appointed and
qualified. In case of a vacancy other than by the expiration
«»
128 Chapter 90 [1943
of the term the appointment shall be for the balance of the
unexpired term.
4. Compensation. The commissioners shall serve without
compensation, but their actual expenses incurred in the per-
formance of their duties shall be paid by the state.
5. Removal of Commissioners. Upon reasonable cause
shown, the governor, with the advice and consent of the coun-
cil, may remove any one of the commissioners.
6. Secretary; Powers of Commissioners. The state libra-
rian shall serve as secretary of the commission. Except as
otherwise provided by law the commissioners shall have full
power and authority as to all matters pertaining to the state
library, its maintenance and activities.
7. Functions of the State Libraiy. The state library shall
consist of the law division, the general and reference division,
the extension division, and such other divisions as the com-
mission may deem necessary.
I. Law Division. The law division shall maintain a
law library for the use of the supreme court, the superior
court, the attorney general's office and the lawyers of New
Hampshire.
II. General and Reference Division. The general
and reference division shall acquire and preserve such material
as will best meet the needs of the various branches of the
government, serve the interest of the people of the state and
develop an adequate reference collection of materials. The
library of this division shall consist of (a) a collection of
books, pamphlets and other materials relating to legislation,
summaries of laws of other states and such other information
as may aid the members of the general court; (b) a collection
, of material for the use of state officials and employees,
especially relating to the work of the several departments;
(c) archival material concerning the state which shall include
a complete file of all state publications, county and town
reports, reports of corporations, publications, and reports of
all institutions of learning and all libraries, and presidential
check-lists; and (d) a general reference collection and (e)
cultural reading material for the residents of New Hampshire.
III. Extension Division. The extension division shall
do all that it reasonably is able to do to promote and advance
library service throughout the state. The division may supply
advice and information to libraries in the state through visits,
conferences, institutes, correspondence, and publications. The
1943] Chapter 90 129
division shall have supervision of the traveling- libraries under
the direction of the state librarian.
8. State Librarian. The commissioners shall appoint a
state librarian who shall serve as the executive and adminis-
trative officer of the state library and shall be responsible
for its management. The state librarian shall be a graduate
of an accredited library school and shall have had at least
four years' experience in a library in an administrative capa-
city. His term of office shall be for three years and until his
successor is appointed and qualified. The commissioners may
remove him for reasonable cause shown. His salary shall be
fixed by the commission with the approval of the governor
and council.
9. Assistant State Librarian. Upon recommendation of
the state librarian the commission shall appoint an assistant
state librarian. Said assistant state librarian shall be a
graduate of an accredited library school and shall have had
such experience as will qualify him for extension work. The
assistant state librarian shall have charge of the extension
division of the library and during the absence or disability of
the state librarian he shall perform all the duties of the office.
His salary shall be fixed by the commission with the approval
of the governor and council.
10. Assistants. Upon the recommendation of the state
librarian the commission may appoint such qualified assistants
as are necessary. The assistants for the extension division
shall be appointed from persons recommended by the assistant
librarian. The salai'ies of all assistants shall be fixed by the
commission with the approval of the governor and council.
11. Deposit of Collections. The commissioners may become
custodians for the state of collections of books, pamphlets,
maps, manuscripts, and other materials, upon such terms and
under such regulations as to them seem just.
12. Disposition of Fees, Fines and Exchange of Property.
Any funds accruing to the state library from fees or fines
from lost or damaged property, or from sale or exchange of
books, pamphlets, maps, manuscripts, and other materials,
shall be paid into the state treasury and added to the appro-
priation for the purchase of books for the state library.
13. Rules and Regulations. The commissioners are hereby
authorized to make all necessary rules and regulations for
the proper control and administration of the state library
department.
130 Chapter 90 [1943
14. State Publications. Five copies of all reports of state
departments and institutions and all other state publications
except session laws, journals and other such papers, bound in
the usual form shall be delivered to the state library upon
publication. The commissioners may dispose by sale or ex-
change of all or any part of the surplus state publications so
deposited in the state library. Money from such sales, after
deducting all expenses incurred, shall be paid in to the state
treasury for the use of the state.
15. Educational Publications and Corporation Reports.
Within thirty days after publication, the head of each institu-
tion of learning in this state shall forward to the state library
two copies, to the New Hampshire Historical Society two
copies of all books, pamphlets and periodicals published by
the institution. Within thirty days after publication, officers
of all corporations, both domestic and foreign, shall file in the
state library copies of all printed reports as to the affairs of
the corporation.
16. Books and Periodicals and Equipment. The state
librarian shall purchase such books, periodicals, equipment,
and supplies as shall best increase the efficiency of the library
as a general and reference library, extension library and law
library.
17. Library Building. The governor and council shall
maintain the state library building and grounds in suitable
repair and condition for the use of the state library and the
supreme court. Control of the supreme court rooms is vested
in that court.
18. Publications. The state librarian shall make a report
biennially to the commission and they shall submit the same
with their report to the governor. The commission shall cause
a reasonable number of copies of the report to be printed and
distributed. The commission shall issue a library bulletin
which shall contain general and specific information relating
to library work. The bulletin shall be printed at least four
times a year and distributed under the direction of the com-
mission. The commission may issue booklists and other publi-
cations as will benefit the libraries of the state and increase
the efficiency of the state library,
19. State Aid. The commission may, at its discretion,
assist free public libraries as follows: If the trustees of a
town, whose apportionment of the state tax is one dollar or
less, satisfy the commission that the free public library in
1943] Chapter 90 131
their charge is doing efficient work for the general public and
for the schools of the town, the commission may expend not
exceeding one hundred dollars annually for the purchase of
books for each of such libraries. No library shall be entitled
to the benefits of this section unless it has complied with all
provisions of this chapter with reference to free public
libraries.
20. Federal Aid. The commission with the approval of
the governor and council may also make any regulations
necessary to enable the state to comply with the provisions
of any law of the United States, heretofore or hereafter
enacted, intended to promote public hbraiy services. The
state treasurer shall be custodian of any money that may be
allotted to the state by the federal government for general
public library services.
21. County Reports. Within thirty days after publication
the county commissioners of each county shall forward to
the state library two copies of the report of the county for
the previous fiscal year.
22. Town Reports. Within thirty days after publication,
each city and town clerk shall forward to the state library,
and to the New Hampshire Historical Society two copies each
of the report of the city or town for the previous fiscal year.
23. Check-lists. Supervisors of towns and corresponding
officers of cities shall, within seventy-two hours of the closing
of the polls for each presidential election send to the state
library one of the marked check-lists which was used in said
election, certified by said officers.
2. Town Library Trustees. Amend section 59 of chapter
15 of the Revised Laws by striking out the last sentence of
said section and inserting in place thereof the following: The
library trustees shall engage and have oversight over the
librarian, assistants and other employees, and are empowered
to pay out of the library fund the necessary expenses of
their librarians in attending the state library institute, and
shall prescribe rules for the operation of the library and may
request the extension division of the state library for advice
in regard to the maintenance and administration of the
library, which advice shall be given by said extension division
so far as is practicable so to do, so that said section as
amended shall read as follows: 59. Duties. Unless other-
wise ordered by vote taken in town meeting the library
trustees elected by the town shall have the entire custody
132 Chapter 90 [1943
and management of the free public library, and of all the
property of the town relating thereto, except trust funds
held by the town. All money raised or appropriated by the
town for library purposes shall be expended by the library
trustees for the support and maintenance of the free public
library in said town or expended for the support of a library
in another city or town under contract to furnish library
service to such town. The income from all trust funds for
library purposes shall be expended or retained by the trustees
for the support and maintenance of the free public library
in said town in accordance with the conditions of each dona-
tion or bequest accepted by the town. The library trustees
shall engage and have oversight over the librarian, assistants
and other employees, and are empowered to pay out of the
library fund the necessary expenses of their librarians in
attending the state library institute, and shall prescribe rules
for the operation of the library and may request the extension
division of the state library for advice in regard to the main-
tenance and administration of the library, which advice shall
be given by said extension division so far as is practicable
so to do.
3. State Publications. Amend section 13 of chapter 10 of
the Revised Laws by striking out the words "secretary of
the public library commission" and inserting in place thereof
the words, state librarian, so that said section as amended
shall read as follows : 13. Disposition of Books and Reports.
Books and reports furnished free by state departments to
any free public library may be disposed of at the best price
obtainable, but only with the approval of the state librarian
and of the secretary of state.
4. Duties of Town Clerk. Amend section 5 of chapter 59
of the Revised Laws by striking out the words ''secretary of
the public library commission" where it occurs in the second,
third, ninth and tenth lines and inserting in place thereof
the words, assistant state librarian, so that said section as
amended shall read as follows : 5. Reports to State Library
Commission. He shall, within thirty days after the annual
town meeting, report to the assistant state librarian the
name of any public library within the city or town; the
names and post-office addresses of all the officers of each;
the town, person or persons in whom the ownership of said
Ubrary is vested; for whom the use is provided; and the
number of volumes owned by said library. He shall make
1943] Chapter 91 133
like report of the names of officers elected or appointed at
any other time, immediately after their election or appoint-
ment; and, if there is no public library within the town, he
shall annually, within said time, notify the assistant state
librarian of the fact.
5. Agencies Abolished. The trustees of the state library
and the public library commission as heretofore established
are hereby abolished and all properties and records of such
agencies shall be transferred immediately to the commission
herein created. Any provision of law not expressly repealed
hereby referring to the trustees of the state library or to
the public library commission shall be construed as referring
to the state library commission.
6. Transfer of Appropriations. Any balance of funds or
appropriations heretofore made available to the public library
commission or to the trustees of the state library shall be
available for the state library commission, hereby constituted.
7. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 91.
AN ACT RELATIVE TO VOCATIONAL EDUCATION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Vocational Education. Amend section 39 of chapter
134 of the Revised Laws by striking out said section and
inserting in place thereof the following: 39. Administration.
The state board is authorized to arrange with institutions
and with school boards of towns or city districts in the state
to furnish the necessary buildings, equipment, and additional
funds required in carrying out the provisions of the federal
acts, so far as those acts apply to this state; and school dis-
tricts are authorized to enter into such contracts with the
state board. The state board is further authorized to approve
certain schools and educational institutions within the state
as vocational training centers for the purpose of enlarging
the opportunities for such training and putting into effect
the provisions of the preceding section and to make suitable
arrangements with such schools and institutions to receive
134 Chapter 92 [1943
pupils for vocational training who may not reside in the town
or school district where such school or institution is located.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 92.
AN ACT RELATIVE TO CARE OF LIVESTOCK WHILE BEING
TRANSPORTED.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Shipment of Livestock. Amend section 1 of chapter
230 of the Revised Laws by striking out said section and
inserting in place thereof the following: 1. Separation of
Stock. No person or common carrier shall ship or transport
livestock within this state in mixed loads unless the different
kinds of stock shall be separated, each kind from the other,
by strong partitions; provided, that milch cows may be
shipped with not more than three calves for one cow, and
sheep may be shipped with calves.
2. Transportation. Amend section 8 of chapter 445 of
of the Revised Laws by striking out said section and inserting
in place thereof the following: 8. Rest, etc. No person or
railroad corporation or other common carrier shall permit
animals in the course of transportation to be confined in
vehicles or cars for a longer period than twenty-eight con-
secutive hours, including the time they have been so confined
on connecting roads in the case of rail transportation, without
unloading them, and allowing a period of at least five consecu-
tive hours for rest, feed and water, unless they are carried
in cars in which they have proper food, water, space and
opportunity for rest, or unless such person, corporation or
carrier is prevented from unloading them by storm or acciden-
tal causes.
3. Takes Effect. This act shall take effect upon its
ijassage.
[Approved March 30, 1943.]
1943] Chapters 93, 94 135
CHAPTER 93.
AN ACT RELATING TO THE EXECUTION OF WILLS.
Be it. enacted by the Senate and House of Representatives in
General Court convened:
1. Wills. Amend section 1 of chapter 350 of the Revised
Laws by striking out the words "twenty-one" and inserting
in place thereof the word, eighteen, so that said section as
amended shall read: 1. Testators. Every person of the
age of eighteen years and married persons under that age,
of sane mind, may devise and dispose of their property, real
and personal, and of any right or interest they may have in
any property, by their last will in writing.
2. General Provisions. Amend section 2 of chapter 350
of the Revised Laws by striking out the words "twenty-one"
and inserting in place thereof the word, eighteen, so that
said section as amended shall read: 2. Requirements. Ex-
cept as provided in section 1, no will shall be effectual to
pass any real or personal estate, or to change or in any way
affect the same, unless made by a person of the age of eigh-
teen years, of sound mind, in writing, signed by the testator
or by some person in his presence and by his express direction,
and attested and subscribed in his presence by three or more
credible witnesses. A will not executed under seal shall be
as effectual as though sealed by the testator.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 94.
AN ACT RELATIVE TO REGISTRATION OF MOTOR VEHICLES AND
OPERATORS' LICENSES FOR THE INTERSTATE BRIDGE
AUTHORITY.
Be it enacted by the Seriate and House of Representatives in
General Court convened:
1. Motor Vehicle Registration Exemptions. Amend sec-
tion 10 of chapter 118 of the Revised Laws by inserting after
the word "corps" in the seventh line the words, or to the
Maine-New Hampshire Interstate Bridge Authority, so that
said section as amended shall read as follows: 10. OflBcials.
136 Chapters 95, 96 [1943
The commissioner may furnish, without charge, copies of
certificates of registration and of hcenses to operate, and
copies of other documents relating thereto, to officers of the
state, or of any court thereof, or of any city or town therein;
and may issue certificates of registration for motor vehicles
and licenses to operate the same to the President of the
United States and members of his executive staff, and to any
ambassador or member of the foreign diplomatic corps, or
to the Maine-New Hampshire Interstate Bridge Authority,
without payment of the fees therefor.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 95.
AN ACT RELATIVE TO AMOUNT OF WORKMEN'S COMPENSATION
FOR LOSS OF CERTAIN PROPERTY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Workmen's Compensation. Amend chapter 216 of the
Revised Laws by inserting after section 23 the following new
section: 23-a. Loss of Property. Whenever an employee,
by accident arising out of and in the course of the employ-
ment, has suffered the loss of glasses, false teeth or an artifi-
cial member said employee shall be paid an amount equal to
the value of the property so lost. Any amount paid under
the provisions of this section shall in no way affect compensa-
tion for personal injury otherwise provided for in this chap-
ter.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 96.
AN ACT CONCERNING THE GUARDIANS AND CONSERVATORS OF
INCOMPETENT VETERANS AND OTHER BENEFICIARIES OF THE
UNITED STATES VETERANS ADMINISTRATION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Incompetent Veterans. Amend chapter 344 of the Re-
vised Laws by inserting after section 6 the following new
1943] Chapter 96 137
section: 6-a. Bonds for Guardians. If the estate of the
ward consists of funds received from the United States vet-
erans administration, or earnings thereon, in excess of one
thousand dollars, the guardian shall give bond to the judge
of probate in a reasonable sum, with corporate sureties, upon
condition, among other things, to return an inventory, to
render, upon oath, a true and just account of -his guardian-
ship, when thereto required, and to faithfully discharge his
trust.
2. Guardians. Amend chapter 344 of the Revised Laws
by adding after section 7 the following new section: 7-a.
Notice to Veterans Administration. In addition to the notice
required on the filing of accounts with the court, as provided
in section 7, notice shall be given to the said United States
veterans administration on petitions for the appointment of
guardians, petitions for support, petitions for leave to expend
funds, petitions for license to purchase or sell real estate, and
petitions for the removal of guardianship appointments, in
any case in which the ward is entitled to any benefits payable
by or through the said United States veterans administration.
3. Income for Spouse and Children. Amend section 9 of
chapter 344 of the Revised Laws by inserting after the word
"ward" in the third line the following words, except spouse,
minor child or children, so that said section as amended shall
read as follows: 9. Income; Application. A guardian shall
not apply any portion of the estate of his ward for the support
and maintenance of any person other than his ward, except
spouse, minor child or children, except upon order of the court
after a hearing, notice of which has been given the proper
office of the bureau in the manner provided in section 7.
4. Petitions. Amend chapter 344 of the Revised Laws by
adding after section 9 the following new section: 9-a. Set-
tlement of Accounts. A guardian may be required to settle
his account at any time, on a petition filed by the United
States veterans administration.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
138 Chapter 97 [1943
CHAPTER 97.
AN ACT RELATING TO ACKNOWLEDGMENTS OF WRITTEN
INSTRUMENTS AND TO MAKE UNIFORM THE LAW
WITH RELATION THERETO.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Uniform Acknowledgment Law. Amend the Revised
Laws by adding after chapter 382 the following new chapter:
Chapter 382-A
Uniform Acknowledgment Law
1. Acknowledgment of Instruments. Any instrument may
be acknowledged in the manner and form as otherwise pro-
vided by the laws of this state, or as provided by this chapter.
2. Acknowledgment Within the State. The acknowledg-
ment of any instrument may be made in this state before:
(a) A judge of the supreme court, superior court, pro-
bate court or municipal court;
(b) A clerk or deputy clerk of a court having a seal;
(c) A commissioner or register of deeds;
(d) A notary public; or
(e) A justice of the peace.
3. Within the United States. The acknowledgment of any
instrument may be made without the state but within the
United States or a territory or insular possession of the
United States or the District of Columbia or the Philippine
Islands and within the jurisdiction of the officer, before:
(a) A clerk or deputy clerk of any federal court;
(b) A clerk or deputy clerk of any court of record of
any state or other jurisdiction;
(c) A notary public;
(d) A commissioner or register of deeds.
4. Without the United States. The acknowledgment of
any instrument may be made without the United States
before :
(a) An ambassador, minister, charge d'affaires, coun-
selor to or secretary of a legation, consul general, consul,
vice-consul, commercial attache, or consular agent of the
United States accredited to the country where the acknowl-
edgment is made;
(b) A notary public of the country where the acknowl-
edgment is made;
194:]] Chapter 97 139
(c) A judge or clerk of a court of record of the country
where the acknowledgment is made.
5. Requisites of Acknowledgment. The officer taking the
acknowledgment shall know or have satisfactory evidence
that the person making the acknowledgment is the person
described in and who executed the instrument.
6. Married Woman. An acknowledgment of a married
woman may be made in the same form as though she were
unmarried.
7. Forms of Certificates. An officer taking the acknowl-
edgment shall endorse thereon or attach thereto a certificate
substantially in one of the following forms:
I. By individuals :
State of
County of
On this the day of , 19 .... ,
before me, , the undersigned officer,
personally appeared , known to me
(or satisfactorily proven) to be the person whose name
subscribed to the within instrument and acknowl-
edged that he executed the same for the pur-
poses therein contained.
In witness whereof I hereunto set my hand and official seal.
Title of Officer.
II. By a corporation :
State of
County of
On this the day of , 19 ,
before me, , the undersigned officer,
personally appeared , who acknowledged
himself to be the of , a cor-
poration, and that he, as such , being author-
ized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of the cor-
poration by himself as
In witness whereof I hereunto set my hand and official seal.
Title of Officer
140 Chapter 97 [1943
III. By an attorney in fact:
State of
County of
On this the day of ,19 ,
before me, » the undersigned officer,
personally appeared , known to me
(or satisfactorily proven) to be the person whose name is
subscribed as attorney in fact for ,
and acknowledged that he executed the same as the act of his
principal for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Title of Officer.
IV. By any public officer or deputy thereof, or by any
trustee, administrator, guardian, or executor:
State of
County of
On this the day of , 19 ,
before me, , the undersigned officer,
personally appeared of the state
(county, city, or town as the case may be) of ,
known to me (or satisfactorily proven) to be the person de-
scribed in the foregoing instrument, and acknowledged that
he executed the same in the capacity therein stated and for
the purposes tnerein contained.
In witness whereof I hereunto set my hand and official seal.
Title of Officer.
8. Execution of Certificate. The certificate of the ac-
knowledging officer shall be completed by his signature, his
official seal if he has one, the title of his office, and if he is
a notary public, the date his commission expires.
9. Authentication.
I. If the acknowledgment is taken within this state or
is made without the United States by an officer of the United
States no authentication shall be necessary.
II. If the acknowledgment is taken without this state,
but in the United States, a territory or insular possession of
the United States, the District of Columbia, or the Philippine
Islands, the certificate shall be authenticated by a certificate
as to the official character of such officer, executed, if the
1943] Chapter 97 141
acknowledgment is taken by a clerk or deputy clerk of a court,
by the presiding judge of the court or, if the acknowledgment
is taken by a notary public, by a clerk of a court of record of
the county, parish or district in which the acknowledgment
is taken.
III. If the acknowledgment is made without the United
States and by a notary public or a judge or clerk of a court
of record of the country where the acknowledgment is made,
the certificate shall be authenticated by a certificate under the
great seal of state of the country, affixed by the custodian of
such seal, or by a certificate of a diplomatic, consular or
commercial officer of the United States accredited to that
country, certifying as to the official character of such officer.
10. Under Laws of Other States. Notwithstanding any
provision of this chapter contained the acknowledgment of
any instrument without this state in compliance with the
manner and form prescribed by the laws of the place of its
execution, if in a state, a territory or insular possession of
the United States, or in the District of Columbia, or in the
Philippine Islands, verified by the official seal of the officer
before whom it is acknowledged, and authenticated in the
manner provided by section 9, paragraph II hereof, shall
have the same effect as an acknowledgment in the manner
and form prescribed by the laws of this state for instruments
executed within the state.
11. Persons Serving in or With the Armed Forces of the
United States. In addition to the acknowledgment of instru-
ments in the manner and form and as otherwise authorized
by this chapter, any person serving in or with the armed
forces of the United States may acknowledge the same wher-
ever located before any commissioned officer in active service
of the armed forces of the United States with the rank of
second lieutenant or higher in the army or marine corps, or
ensign or higher in the navy or United States coast guard.
The instrument shall not be rendered invalid by the failure
to state therein the place of execution or acknowledgment.
No authentication of the officer's certificate of acknowledg-
ment shall be required but the officer taking the acknowledg-
ment shall indorse thereon or attach thereto a certificate sub-
stantially in the following form:
On this the day of 19 .... ,
before me, , the undei-signed officer,
personally appeared , known to me
142 Chapter 98 [1943
(or satisfactorily proven) to be serving in or with the armed
forces of the United States and to be the person whose name
is subscribed to the within instrument and acknowledged
that he executed the same for the purposes
therein contained. And the undersigned does further certify
that he is at the date of this certificate a commissioned officer
of the rank stated below and is in the active service of the
armed forces of the United States.
Signature of Officer
Rank of Officer and Command
to ivhich attached
12. Acknowledgments not Affected by this Act. No
acknowledgment heretofore taken shall be affected by any-
thing contained herein.
13. Uniformity of Interpretation. This chapter shall be
so interpreted as to make uniform the laws of those states
which enact it.
14. Short Title. This chapter may be cited as the Uniform
Acknowledgment Act.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 98.
AN ACT TO PROVIDE FOR THE USE OF VOTING MACHINES
AT ELECTIONS.
Be it enacted by the Senate and HoiLse of Representatives in
General Court convened:
1. Elections. Any town, or mayor and aldermen of any
city, may vote to install in said town or city voting machines
for the elections held in said town or city. Any town, or the
mayor and aldermen of any city, so voting shall notify the
secretary of state of the action taken in regard to voting
machines and after said action no elections shall be held in
said town or city other than by voting machines as hereinafter
set forth.
2. Ballot-Law Commission. The ballot-law commission
shall act as a board of voting machine examiners. Said board
1943] Chapter 98 143
shall, whenever requested, examine any voting machine or type
thereof which may be capable of meeting the requirements
of a voting machine for elections to be held in this state. Said
board shall approve such voting machine, in its discretion, and
after a certain type of machine has been so approved said
machine shall be used for all elections in towns or cities which
have adopted, in the manner provided in section 1, for the use
of said machines.
3. Rules and Regulations. Said board shall make such
rules and regulations as may be necessary in order that voting
machines may be used in this state in such a manner that the
election laws may be complied with in so far as possible.
Said board shall have power and authority, in so making
regulations, to declare certain laws relative to distribution of
ballots, marking ballots, and other requirements inconsistent
with the use of voting machines, ineffective in the towns and
cities adopting this method of voting. The presiding officer
at each polling place shall enforce the rules and regulations
of the ballot-law commission promulgated under the authority
of this section.
4. Voting Machines Purchased. Any town or city author-
izing the use of a voting machine for elections shall purchase
such machines as have been approved by the ballot-law com-
mission, and no others, and the expense so incurred shall be
paid by the town or city. When such a voting machine is so
purchased by a town or city the person or persons from whom
such machine is purchased shall give to the secretary of state
a suitable bond with sufficient sureties conditioned to keep
each machine in good working order for two years at their
own expense.
5. Penalty. Whoever shall tamper with or injure or
attempt to injure any voting machine to be used or being used
in an election, or whoever shall prevent or attempt to prevent
the correct operation of such machine, or any unauthorized
person who shall make or have in his possession a key to a
voting machine to be used or being used in an election shall be
fined not less than one hundred dollars nor more than five
hundred dollars or imprisoned for not less than one nor more
than five years, or both such fine and imprisonment.
6. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
144 Chapters 99, 100 [1943
CHAPTER 99.
AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR CIVILIAN
DEFENSE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Town Appropriations. During the time this act is in
effect any town may at any legal meeting grant and vote such
sums of money as it shall judge necessary to provide means
for various activities connected with civilian defense.
2. Takes Effect; Termination. This act shall take effect
upon its passage and shall be effective only until the termina-
tion of the present war.
[Approved March 30, 1943.]
CHAPTER 100.
AN ACT RELATING TO SMALL MUNICIPAL WATER WORKS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Small Municipal Water Works. Amend section 1, Chap-
ter 56 of the Revised Laws by adding at the end thereof the
following: The provisions of this section shall not apply to a
town or village district owning, operating or managing any
water works system which has an annual gross income of
thirty-five hundred dollars or less, so that said section as
amended shall read as follows: 1. Reports, Accounts,
Recordis, etc. Any municipality owning, operating, or man-
aging any plant or equipment, or any part of the same, for the
manufacture or furnishing of light, heat, power, or water for
the public, or engaged in the generation, transmission, or sale
of electricity or gas ultimately sold to the pubhc, shall be
subject to the provisions of sections 7 to 18, inclusive, of
chapter 289. The provisions of this section shall not apply
to a town or village district owning, operating or managing
any water works system which has an annual gross income of
thirty-five hundred dollars or less.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 1, 1943.]
1943] Chapters 101, 102 145
CHAPTER 101.
AN ACT FREEING THE CORNISH BRIDGE FROM TOLLS.
Be it enacted by the Senate and House of Representatives in
Genei^al Court convened:
1. Cessation of Tolls. The collection of tolls for the use of
Cornish toll bridge and approaches thereto, as provided by
chapter 94 of the Laws of 1935, shall cease upon the passage
of this act. Any balance remaining in the separate account
from the toll collection, after payment of any outstanding ex-
penses for operating or maintenance of said bridge, shall be
turned into the highway fund of the state.
2. Maintenance. On and after the passage of this act the
Cornish bridge, heretofore known as the Cornish toll bridge,
shall be maintained by the state and the expense thereof shall
be a charge upon the highway fund.
3. Takes Effect. This act shall take effect June 1, 1943.
[Approved April 1, 1943.]
CHAPTER 102.
AN ACT RELATIVE TO PAYMENT OF BURIAL EXPENSES OF
INDIGENT VETERANS.
Be it enacted by the Seriate and House of Representatives in
Gene7'al Court convened:
1, Soldiers' Aid. Amend section 16 of chapter 124 of the
Revised Laws by striking out said section and inserting in
place thereof the following: 16. Burial Expenses. When-
ever any honorably discharged soldier of the United States
army or sailor or member of the coast guard or other person
serving in the navy or marine corps in any war in which the
United States was engaged dies, and the commander and
adjutant of the Grand Army post of which he was a member,
or the like officers of any other war veterans' organization to
which he belonged, or a majority of the board of selectmen of
the town or the mayor of the city in which such veteran died,
if he was not a member of any such organization, shall certify
under oath to the department of public welfare that such
veteran did not leave sufficient estate to pay the expenses of
his funeral, the governor shall draw a warrant in favor of the
commander of such Grand Army post or other commanding
146 Chapter 103 [1943
officer, selectmen or mayor, for a sum not exceeding one hun-
dred dollars to defray such burial expenses. Within three
months from the time of burial of said veteran an account,
verified by vouchers, of the sums so spent for said burial ex-
penses shall be sent to the department of public welfare by
said commander, commanding officer, selectmen, or mayor.
Whoever neglects or refuses to furnish said account shall be
fined ten dollars.
2. Takes Effect. This act shall take effect as of July 1,
1943.
[Approved April 1, 1943.]
CHAPTER 103.
AN ACT RELATIVE TO THE DISTRIBUTION OF COPIES OF THE
REVISED LAWS.
Be' it enacted by the Senate and House of Representatives in
General Court convened:
1. Distribution of Revised Laws. The secretary of state is
hereby authorized to distribute copies of the Revised Laws
free of charge in the following manner: One copy of the
official bound sets of said laws to each of the following officei's
and bodies: The governor, each member of the council, each
department and institution of the state, each justice and clerk
of the supreme and superior courts, each judge and register of
probate, each register of deeds, the clerk of the supreme court
of the United States, each judge of the circuit court of the
United States for this district, each judge of the district court
of the United States for this district, and the clerk of each of
the last named courts for the use of their respective offices;
each board of county commissioners and each solicitor for use
of their respective offices; the United States department of
justice; the library of congress; the New Hampshire Historical
Society ; the state reporter ; the United States district attorney
for this district and the United States marshal for this dis-
trict; a sufficient number of copies to the state library for its
use and for distribution to each state or territorial library of
the United States on an exchange basis, any state or territory
making a charge to this state for copies of its laws shall in a
like manner be required to pay to the secretary of state the
regular price for copies of the Revised Laws ; and twenty-four
1943] Chapter 104 147
copies to the commission appointed to revise the Public Laws
under the provisions of chapter 214, Laws of 1939, for the
use of its members and their assistants.
2. Special Binding. The secretary of state is hereby
authorized to cause to be bound with material less expensive
than the binding of the official copies referred to in section 1,
in such form and type as the governor and council shall
authorize, a sufficient number of copies of said Revised Laws
without separate index as shall be required for the purpose of
distribution in the following manner: One copy of said
specially bound sets of said laws to each of the following
officers and bodies; each justice of a duly constituted muni-
cipal court ; each town clerk for the use of the town ; each free
public library established under the laws of the state, pro-
vided the trustees or other officer of the same shall make
application in writing for the same to the secretary of state
on or before July 1st, 1943, and each member of the general
court of 1943, provided said member makes application in
writing to the secretary of state on or before July 1st, 1943.
3. Distribution of Remaining Volumes. After July 1, 1943,
remaining copies of the Revised Laws in the special binding
above referred to may be sold by the secretary of state at such
price as the governor and council may determine.
4. Takes Effect. This act shall take effect upon its passage.
[Approved April 7, 1943.]
CHAPTER 104.
AN ACT RELATIVE TO THE PROTECTION OF LIFE AND PROPERTY
FROM DAMAGE BY FIRE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Fire Hazards. Amend section 13 of chapter 175 of the
Revised Laws by striking out the same and inserting in place
thereof the following: 13. Regulations. The firewards or
engineers may establish such regulations respecting the
kindling, guarding, safe-keeping, prevention and extinguish-
ment of fires, and for the removal of combustibles from any
building or place, as they shall think expedient, which shall
be signed by the major part of them recorded by the town
clerk and posted in two or more public places in the town
148 Chapter 104 [1943
thirty days before they shall take effect. Penalties not ex-
ceeding twenty dollars for each offense may be prescribed for
the breach of such regulations. Said firewards or engineers
shall confer with recognized authorities in the promulgation
of such regulations. Where regulations have not been pro-
mulgated pertaining to electric wiring and equipment, all
electric installations and safeguards shall be installed in a
standard modern and approved manner. Compliance with the
standards of the National Electrical Code shall be prima facie
evidence of such approved manner.
2. Power of Selectmen. Amend chapter 175 of the Re-
vised Laws by inserting after section 17 the following new
section: 17-a. Fire Regulations. In any town which does
not have firewards or engineers the selectmen shall have the
authority to establish regulations relative to fire hazards, as
is provided in section 13. Said regulations shall be recorded
and posted as therein provided.
3. Dangerous Buildings. Amend section 18 of chapter 175
of the Revised Laws by striking out said section and inserting
in place thereof the following: 18. Notice to Repair. If
any building is deemed by the firewards or engineers to be
dangerous to the property of others, by reason of decay, want
of repair or otherwise, they may give written notice to the
owner, the same to be served personally or by registered mail,
to repair or alter the same, which shall contain a particular
account of the repairs or alterations required to be made. If
the owner does not reside in the town like notice may be
served on the occupant, if any.
4. Time for Notice. Amend section 19 of said chapter 175
by striking out said section and inserting in place thereof the
following: 19. Neglect; Penalty. If the repairs or alter-
ations are not made within five days after notice as provided
in section 18, unless upon application to the firewards or en-
gineers an extension has been granted for reasonable cause,
the owner or occupant so notified shall be liable to a fine not
to exceed fifty dollars for each day's neglect, and shall be
liable to the owner of any building or property consumed by
fire, communicated from such dangerous building, for the
damages suffered by him.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
1943] Chapter 105 149
CHAPTER 105.
AN ACT RELATIVE TO UNAUTHORIZED INSURANCE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Insurance Companies. Amend chapter 323 of the Re-
vised Laws by adding at the end thereof the following new
subdivision :
Unauthorized Insurance
55. Revocation of Authority. Whenever the insurance
commissioner of the state shall determine after a hearing, ten
days' notice of which shall be given stating the time, place
and purpose of such hearing, that any insurer organized under
the laws of this state, whether on the stock, mutual, reciprocal,
fraternal or other plan, or that any of the representatives of
such insurer wilfully shall have transacted or attempted to
transact or solicited business in any manner or accepted risks
in any jurisdiction in which such insurer is not licensed in
accordance with the laws of such jurisdiction, and which
jurisdiction has adopted an act similar hereto, it shall be his
duty to revoke the certificate of authority of any such offend-
ing insurer; provided, however, that the foregoing provisions
shall not apply to a domestic insurer when the major portion
of such risks originated in a jurisdiction wherein such insurer
was licensed to transact such class or classes of business and
when such origin was by other means than by circularization
or by advertising locally in any such jurisdiction wherein such
insurer is not licensed.
56. Definitions. The term "transacting business," as
used in this subdivision, shall be defined to include in addi-
tion to its usual interpretation, advertising locally in any
foreign jurisdiction in which an insurer is not licensed or
circularizing in any such jurisdiction without regard for the
source of such circularization whenever such advertising
locally or such circularization is for the purpose of solicitation
of insurance business. The word "jurisdiction" as used in this
subdivision shall be defined to include any state of the United
States, the District of Columbia or any province of tlie
Dominion of Canada.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
150 Chapter 106 [1943
CHAPTER 106.
AN ACT RELATIVE TO LICENSES FOR SALE OP SECURITIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Change from Calendar to Fiscal Year. Amend section
23 of chapter 336 of the Revised Laws by striking out said
section and inserting in place thereof the following: 23.
Expiration. All registrations of dealers or agents shall ex-
pire annually on the last day of the month of February.
2. Registration of Dealers. Amend section 16 of said
chapter 336 by striking out the words "for the current
calendar year" in the fifth line, so that said section as
amended shall read as follows: 16. Certificate. Upon
registration of any dealer, a certificate shall be issued stating
the name, principal place of business, and address of the
dealer, the names, residences, and business addresses of all
persons interested in the business as principals, officers,
directors, or managing agents, and the fact that the dealer
has been registered as a dealer in securities. The certificate
shall in other respects be in such form as the commissioner
may determine, but shall state in bold type that the commis-
sioner does not recommend, and assumes no responsibility for,
securities offered by the dealer. Certified copies of this
certificate shall be furnished to the dealer at one dollar each.
3. Applications. Amend section 17 of said chapter 336 by
striking out said section and inserting in place thereof the
following: 17. Changes. Changes in the certificate neces-
sitated by changes in the personnel of a partnership, or in the
principals, officers, directors, or managing agents of any
dealer, may be made at any time upon written application to
the commissioner, accompanied by a statement of the facts
necessitating the change, upon the payment of one dollar.
Application shall be made to the commissioner by the dealer
requesting such change within five days after such a change
is made. Upon the issue of the amended certificate the
original certificate and the certified copies thereof outstanding
shall be promptly surrendered to the commissioner for
cancellation.
4. Agents. Amend section 21 of said chapter 336 by
striking out the words "for the current calendar year" in the
1943] Chapter 107 151
fourth line, so that said section as amended shall read as
follows: 21. Certificate. The commissioner shall issue to
each person so registered a registration certificate stating his
name, residence, and address, the name, principal place of
business, and the address of the dealer, and the fact that he is
registered as agent or salesman of the dealer. The certificate
shall in other respects be in such form as the commissioner
shall determine, but shall state in bold type that the commis-
sioner does not recommend or assume any responsibility for
securities offered by the dealer or the dealer's agents or sales-
men.
5. Renewals. Amend section 24 of said chapter 336 by
striking out the word "shall" in the second line and inserting
in place thereof the word, may, so that said section as
amended shall read as follows: 24. New Registrations.
New registrations of dealers for the succeeding year may be
issued as of course without the filing of further statements
or furnishing any further information, unless specifically
requested by the commissioner, upon written application of
the dealer and payment of twenty-five dollars for each
registration.
6. Present Licenses. All licenses and registrations issued
prior to the passage of this act for the calendar year 1943
shall, unless revoked for cause, continue and be effective until
the last day of February, 1944.
7. Takes Effect. This act shall take effect upon the
passage.
[Approved April 7, 1943.]
CHAPTER 107.
AN ACT TO ESTABLISH MINIMUM STANDARDS FOR THE VALUATION
OF LIFE INSURANCE POLICIES AND ANNUITY AND PURE
ENDOWMENT CONTRACTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Standard Valuation Law. Amend the Revised Laws by
inserting after chapter 327-A, as inserted by chapter 89 of
the Laws of 1943, the following new chapter:
152 Chapter 107 [1943
Chapter 327-B
Standard Valuation Law
1. Short Title. This chapter shall be known as the Stand-
ard Valuation Law.
2. Valuation of Reserves for Life Insurance Policies and
Annuity and Pure Endowment Contracts. The insurance
commissioner shall annually value, or cause to be valued, the
reserve liabilities (hereinafter called reserves) for all out-
standing life insurance policies and annuity and pure endow-
ment contracts of every life insurance company doing busi-
ness in this state, and may certify the amount of any such
reserves, specifying the mortality table or tables, rate or rates
of interest and methods (net level premium method or other)
used in the calculation of such reserves. In calculating such
reserves, he may use group methods and approximate
averages for fractions of a year or otherwise. In lieu of the
valuation of the reserves herein required of any foreign or
alien company, he may accept any valuation made, or caused
to be made, by the insurance supervisory official of any state
or other jurisdiction when such valuation complies with the
minimum standard herein provided and if the official of sucli
state or jurisdiction accepts as sufficient and valid for all
legal purposes the certificate of valuation of the commissioner
when such certificate states the valuation to have been made
in a specified manner according to which the aggregate re-
serves would be at least as large as if they had been
computed in the manner prescribed by the law of that state or
jurisdiction.
3. Minimum Standards for Valuation of Policies and Con-
tracts. The minimum standard for the valuation of all such
policies and contracts issued prior to the effective date of this
chapter shall be that provided by the laws in effect immedi-
ately prior to such date. The minimum standard for the
valuation of all such policies and contracts issued on or after
the effective date of this chapter shall be the commissioners
reserve valuation method defined in section 4, three and one-
half per cent interest, and the following tables:
(a) For all ordinary policies of life insurance issued on
the standard basis, excluding any disability and accidental
death benefits in such policies, the Commissioners 1941
Standard Ordinary Mortality Table.
1943] Chapter 107 153
(b) For all industrial life insurance policies issued on
the standard basis, excluding any disability and accidental
death benefits in such policies, the 1941 Standard Industrial
Mortality Table.
(c) For annuity and pure endowment contracts, ex-
cluding- any disability and accidental death benefits in such
policies, the 1937 Standard Annuity Mortality Table.
(d) For total and permanent disability benefits in or
supplementary to ordinary policies or contracts, Class (3)
Disability Table (1926) which, for active lives, shall be com-
bined with a mortality table permitted for calculating the re-
serves for life insurance policies.
(e) For accidental death benefits in or supplementary
to policies, the Inter-Company Double Indemnity Mortality
Table combined with a mortality table permitted for calculat-
ing the reserves for life insurance policies.
(f ) For group life insurance, life insurance issued on the
substandard basis and other special benefits, such tables as
may be approved by the commissioner.
4. Commissioners Reserve Valuation Method. Reserves
according to the commissioners reserve valuation method, for
the life insurance and endowment benefits of policies provid-
ing for a uniform amount of insurance and requiring the pay-
ment of uniform premiums shall be the excess, if any, of the
present value, at the date of valuation, of such future
guaranteed benefits provided for by such policies, over the
then present value of any future modified net premiums there-
for. The modified net premiums for any such policy shall be
such uniform percentage of the respective contract premiums
for such benefits that the present value, at the date of issue
of the policy, of all such modified net premiums shall be equal
to the sum of the then present value of such benefits provided
for by the policy and the excess of (a) over (b) , as follows :
(a) A net level annual premium equal to the present
value, at the date of issue, of such benefits provided for after
the first policy year, divided by the present value, at the date
of issue, of an annuity of one [per cent] per annum payable on
the first and each subsequent anniversary of such policy on
which a premium falls due; provided, however, that such net
level annual premium shall not exceed the net level annual
premium on the nineteen year premium whole life plan for
154 Chapter 107 [1943
insurance of the same amount at an age one year higher than
the age at issue of such pohcy.
(b) A net one year term premium for such benefits pro-
vided for in the first pohcy year.
Eeserves according to the commissioners reserve valua-
tion method for (1) hfe insurance pohcies providing for a
varying amount of insurance or requiring the payment of
varying premiums, (2) annuity and pure endowment con-
tracts, (3) disabihty and accidental death benefits in all
policies and contracts, and (4) all other benefits, except life
insurance and endowment benefits in life insurance policies,
shall be calculated by a method consistent with the principles
of the preceding paragraph.
5. Minimum Reserves Required. In no event shall a com-
pany's aggregate reserves for all life insurance policies, ex-
cluding disability and accidental death benefits, issued on or
after the effective date of this chapter, be less than the aggre-
gate reserves calculated in accordance with the method set
forth in section 4 and the mortality table or tables and rate or
rates of interest used in calculating non-forfeiture benefits for
such policies.
6. Other Reserve Standards Permitted, When. Reserves
for all policies and contracts issued prior to the effective date
of this chapter may be calculated, at the option of the com-
pany, according to any standards which produce greater
aggregate reserves for all such policies and contracts than the
minimum reserves required by the laws in effect immediately
prior to such date.
Reserves for any category of policies, contracts or bene-
fits as established by the commissioner, issued on or after the
effective date of this chapter, may be calculated, at the option
of the company, according to any standards which produce
greater aggregate reserves for such category than those cal-
culated according to the minimum standard herein provided,
but the rate or rates of interest used shall not be higher than
the corresponding rate or rates of interest used in calculating
any non-forfeiture benefits provided for therein. Provided,
however, that reserves for participating life insurance policies
issued on or after the effective date of this chapter may, with
the consent of the insurance commissioner, be calculated ac-
cording to a rate of interest lower than the rate of interest
1943] Chapter 107 155
used in calculating the non-forfeiture benefits in such policies,
with the further proviso that if such lower rate diflTers from
the rate used in the calculation of the non-forfeiture benefits
by more than one-half per cent the company issuing such
policies shall file with the commissioner a plan providing for
such equitable increases, if any, in the cash surrender values
and non-forfeiture benefits in such policies as the commis-
sioner shall approve.
Any such company which at any time shall have adopted
any standard of valuation producing greater aggregate re-
serves than those calculated according to the minimum stand-
ard herein provided may, with the approval of the commis-
sioner, adopt any lower standard of valuation, but not lower
than the minimum herein provided.
7. Deficiency Reserves Required in Certain Cases. If the
gross premium charged by any life insurance company on any
policy or contract issued on or after the effective date of the
chapter is less than the net premium for the policy or con-
tract, according to the mortality table, rate of interest and
method used in calculating the reserve thereon, there shall
be maintained on such policy or contract a deficiency reserve
in addition to all other reserves required by law. For each
such policy or contract the deficiency reserve shall be the
present value, according to such standard, of an annuity of
the diff"erence between such net premium and the premium
charged for such policy or contract, running for the remainder
of the premium-paying period.
8. Commissioner Defined. The word "commissioner" as
used in this chapter shall mean the insurance commissioner.
9. Operative Date. The provisions of this chapter shall
be operative and effective on the operative date or dates of
the Standard Non-forfeiture Law, as provided in section 8 of
chapter 327-A of the Revised Laws.
2. Repeal; Takes Effect. All acts or parts of acts incon-
sistent with the provisions hereof are hereby repealed and
this act shall take effect upon its passage.
[Approved April 7, 1943.]
156 Chapters 108, 109 [1943
CHAPTER 108.
AN ACT RELATIVE TO THE WIDTH OF MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Motor Vehicles. Amend section 38 of chapter 119 of
the Revised Laws by adding at the end thereof the follow-
ing words: Provided further that a vehicle may be operated
on the highways of this state transporting a load of loose hay
or loose fodder when the width including such load is greater
than ninety-six inches so long as the width of said vehicle
without said load does not exceed said ninety-six inches, so
that said section as amended shall read as follows: 38.
Width and Length. No vehicle whose width including load is
greater than ninety-six inches, or whose length including load
is greater than thirty-three feet, and no combination of
wheels coupled together whose total length, including load, is
greater than forty-five feet, shall be operated on the high-
ways of this state. Provided, however, that the provisions
of this section relative to length shall not apply to vehicles
transporting poles, logs, timbers or metal, when actually so
employed, and that in determining width there shall be ex-
cluded six inches of any increase in width due to changing to
low pressure tire equipment from other tire equipment. Pro-
vided further that a vehicle may be operated on the highways
of this state transporting a load of loose hay or loose fodder
when the width including such load is greater than ninety-six
inches so long as the width of said vehicle without said load
does not exceed said ninety-six inches.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
CHAPTER 109.
AN ACT RELATING TO THE INCORPORATION AND POWERS OF
INSURANCE COMPANIES.
Be it eyiacted by the Senate and House of Representatives in
General Court convened:
1. Purposes. Amend paragraph II of section 1 of chapter
322 of the Revised Laws, by inserting after the word "trans-
1943] Chapter 110 157
portation," the words, and all personal property floater
risks, so that said paragraph, as amended, shall read as
follows: 11. On vessels, aircraft, cars or other vehicles,
freight, goods, money, effects, and money loaned on bottomry
and respondentia, against loss or damage from the perils of
the sea and other perils usually insured against by marine in-
surance, or from the risk of inland navigation and transporta-
tion; and all personal property floater risks; and on motor
vehicles and aircraft, excluding the liability of the insured
for the death, injury, or disability of another person arising
out of the ownership, maintenance, or use of motor vehicles,
and aircraft, their fittings and contents and use and
occupancy, against loss or damage from accident, collision,
theft, or other casualty, and against liability of the owner or
user thereof for injury or damage to property caused thereby.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
CHAPTER 110.
AN ACT TO AUTHORIZE THE HIGHWAY DEPARTMENT TO CO-
OPERATE WITH THE PUBLIC ROADS ADMINISTRATION OF THE
UNITED STATES IN THE CONSTRUCTION AND MAIN-
TENANCE OF FLIGHT STRIPS AND OF CERTAIN
CLASSES OF HIGHWAYS, IN ORDER TO
FACILITATE THE WAR EFFORT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Highway Department. In order to facilitate the war
effort, the highway department, upon request of the commis-
sioner of public roads of the United States, is hereby author-
ized to cooperate with the public roads administration in the
making of surveys, plans, specifications and estimates for,
and in the construction and maintenance of, flight strips and
of roads and bridges necessary to provide access to military
and naval reservations, to defense industries and defense-
industry sites, and to sources of raw materials, and for re-
placing existing highways and highway connections shut off
from general public use at military and naval reservations and
defense-industry sites, and, notwithstanding any other pro-
158 Chapter 111 [1943
vision of law, may enter into contracts in any manner
approved by the commissioner of public roads for the con-
struction of any such flight strips or roads, or may perform
such construction and maintenance work by force account,
whether such construction and maintenance work is paid for
in whole by federal funds or in part by federal funds and in
part by funds provided by the state or any of its sub-
divisions.
2. Takes Effect. The fact that the United States is at
war and performance of the work herein authorized is
urgently needed to facilitate the war effort is hereby declared
to create an emergency, and this act shall take effect immedi-
ately and shall remain in effect during the continuance of the
emergency declared by the President May 27, 1941, and for a
period of six months thereafter.
[Approved April 7, 1943.]
CHAPTER 111.
AN ACT TO REMOVE THE RESTRICTIONS ON LOANS BY TRUST
COMPANIES WHERE SECURED BY UNDERTAKINGS OF THE
UNITED STATES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Limitations on Loans, Exception. Amend section 37 of
chapter 313 of the Revised Laws by substituting a semi-colon
for the period at the end of the first sentence of said section
and adding to said sentence the following: and provided
further that the limitations and restrictions of this section
shall not apply to liabilities for money borrowed to the extent
that they shall be secured, covered, underwritten or protected
as to principal and interest by guaranties, or by commitments
or agreements to take over or purchase the same, made by or
on behalf of any Federal Reserve Bank, or the United States,
or any department, bureau, board, commission or establish-
ment of the United States including any corporation wholly
owned directly or indirectly by the United States, for the
performance of which guaranties, commitments or agree-
ments the faith of the United States is pledged, so that said
section as amended shall read: 37. Limitations. The total
1943] Chapter 112 159
liabilities of a person, firm, or corporation, including- in the
liabilities of a firm the liabilities of its several members, for
money borrowed of the commercial department of a trust
company or other corporation of a similar character, whether
organized under the provisions of this chapter or otherwise,
shall at no time exceed ten per cent of its capital stock
actually paid in and surplus, nor shall such corporation pur-
chase or hold, by way of investment, the stocks and bonds of
any corporation to an. amount in excess of said ten per cent;
but the discount of bills of exchange drawn in good faith
against actually existing values, and the discount of com-
mercial or business paper actually owned by the person
negotiating it, shall not be considered as money borrowed;
provided, that this limitation shall not apply to securities de-
scribed in paragraphs I to IV of section 6, chapter 310; and
provided further that the limitations and restrictions of this
section shall not apply to liabilities for money borrowed to the
extent that they shall be secured, covered, underwritten or
protected as to principal and interest by guaranties, or by
commitments or agreements to take over or purchase the
same, made by or on behalf of any Federal Reserve Bank, or
the United States, or any department, bureau, board, commis-
sion or establishment of the United States including any
corporation wholly owned directly or indirectly by the United
States, for the performance of which guaranties, commit-
ments or agreements the faith of the United States is pledged.
Surplus shall be construed as including only earnings that
have actually been transferred to surplus ; earnings remaining
in undivided profits shall not be considered a part of surplus.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
CHAPTER 112.
AN ACT RELATIVE TO INTERSTATE TRANSPORTATION OF PAUPERS.
Be it enacted by the Senate and Hotise of Representatives in
General Court convened:
1. Repeal. Section 27 of chapter 124 of the Revised Laws,
and section 14 of chapter 125 of the Revised Laws, relative to
160 Chapters 113, 114 [1943
penalties for bringing into the state and leaving in any town
or county certain poor and indigent persons, are hereby re-
pealed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 9, 1943.]
CHAPTER 113.
AN ACT RELATIVE TO AMOUNT OF COMPENSATION UNDER THE
WORKMEN'S COMPENSATION LAW.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Increase in Amount. Amend section 27 of chapter 216
of the Revised Laws by striking out the word "eighteen" in
the third line and inserting in place thereof the word, twenty-
one, so that said section as amended shall read as follows:
27. Limit of Compensation. In no event shall any compen-
sation paid under this subdivision exceed the damage suffered,
nor shall any weekly payment in any event exceed twenty-
one dollars, or extend over more than three hundred weeks
from the date of the accident. Such payment shall continue
for such period of three hundred weeks, if total or partial dis-
ability continues during such period. No such payment shall
be due or payable for any time prior to the giving of the
notice required by section 16.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 9, 1943.]
CHAPTER 114.
AN ACT RELATIVE TO LOBSTERS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Lobsters. Amend section 47 of chapter 245 of the
Revised Laws by striking out the words "one-sixteenth" in
the second and third hnes and inserting in place thereof the
words, one-eighth, so that said section as amended shall read
1943] Chapter 115 161
as follows: 47. Legal Length. No person shall buy, sell,
give away or expose for sale, or possess for any purpose, any
lobster less than three and one-eighth of an inch in length
alive or dead, cooked or uncooked, measured from the rear of
the eye socket along a line parallel to the center line of the
body shell to the rear end of the body shell. The possession of
mutilated lobster cooked or uncooked shall be prima facie
evidence that it is not of legal length. Whoever ships, trans-
ports, carries, buys, gives away, sells or exposes for sale
lobster meat after the same shall have been taken from the
shell without the tail meat being whole and intact, and of a
length of less than four and one-quarter inches when laid out
straight and measured from end to end, not including the
small part that is on the body end of the tail meat, shall be
liable to the penalty imposed for violation of this section.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 9, 1943.]
CHAPTER 115.
AN ACT RELATING TO POWERS OF TRUST COMPANIES AND
SIMILAR CORPORATIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Trust Company. Amend chapter 313 of the Revised
Laws by inserting after section 31 the following new section:
31-a. Pledge of Assets. Such corporation may be author-
ized, by vote of its board of directors, to pledge the assets of
its commercial department to the United States when such
action is necessary or desirable to secure deposits in said de-
partment by the United States government in connection with
war loan deposit accounts or other similar accounts.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 13, 1943.]
162 Chapters 116, 117 [1943
CHAPTER 116.
AN ACT ESTABLISHING A COMMISSION OF MENTAL HEALTH.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Change of Name of Commission. Amend section 34 of
chapter 17 of the Revised Laws by striking out the word
"lunacy" and inserting in place thereof the words, mental
health, so that said section as amended shall read as follows:
34. Commission. The board of trustees of the state hospital
shall constitute a commission of mental health.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 13, 1943.]
CHAPTER 117.
AN ACT PROVIDING FOR A FISCAL AGENT FOR THE COUNTY OF
COOS AND PROVIDING FOR A REFERENDUM WITH RESPECT
THERETO.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Fiscal Agent. The superior court, acting as a body, is
hereby authorized and directed to appoint a fiscal agent for
the county of Coos. He shall serve during the pleasure of
the court and shall have the powers and duties set forth in
this act.
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 superior court shall approve. He
shall be paid such salary, not exceeding three thousand, five
hundred dollars per annum, as the court 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
1943] Chapter 117 163
for the benefit of said county. No obligation of said county
shall be incurred by an ofiicer 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
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 each member of the superior court, to t\w
chairman of the county convention and to each member of the
delegation covering all financial transactions 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
tlie 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
164 Chapter 118 [1943
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, 1943 to April 1, 1945. 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, 1944,
the following question: "Do you approve of having the legis-
lature extend the provisions of law relative to a fiscal agent
for the county of Coos?" The secretary of state is further
directed to insert said question in an appropriate place in the
right hand column of said ballot in a location separate and
apart from any other question appearing on said ballot. The
clerks of said city and towns are hereby directed to forward
to the secretary 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 returned to him and shall report to the legislature of 1945
the result of the voting on said question.
[Approved April 13, 1943.]
CHAPTER 118.
AN ACT AUTHORIZING THE STATE BOARD OF HEALTH TO
ESTABLISH LABORATORIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Laboratories of the State Board of Health. Amend
chapter 149 of the Revised Laws by striking out said chapter
and inserting in place thereof the following:
1. Purposes. The state board of health may establish,
equip, and operate a laboratory or laboratories with such ex-
pert assistants and such facilities as are necessary for routine
examinations and analyses and for original investigations and
research in matters affecting public health.
2. Investigations. They shall make investigations and
analyses of foods and drugs offered for sale in our markets
with a view of discovering adulterated, misbranded and un-
healthful or unsafe products and shall make investigations
concerning food sanitation, the disposal of sewage and similar
matters of sanitation and shall enforce the laws relative to all
1943] Chapter 118 165
such matters. They shall conduct such toxicological investi-
gations as may be requested by the attorney general or by
county solicitors. They may employ such clerical and
technical personnel as may be necessary.
3. Water Supplies. They shall make periodic inspections
and analyses of the public water supplies of the state and any
special investigations thereof that may be called for; also,
when requested or as may be deemed by them necessary or
expedient in the interests of the public health, make in-
spections or analyses of sources furnishing water to institu-
tions, schools, hotels, camps, other places of public resort and
individuals, and advise in connection with the same; and they
shall enforce the laws pertaining to water supply and to the
sanitation of public waters.
4. Service; Reimbursements. All investigations con-
ducted in the said laboratory under the provisions of this
chapter shall be free to the people of this state, provided that
in the case of investigation or service rendered to other de-
partments, not required of it by law, payment may be made
for such service by the department requesting the same.
There shall be credited to the appropriation for said labora-
tory reimbursement of the cost to it of stock or supplies
furnished to other departments or to the public as an accom-
modation and any disbursements received on account of
property lost or damaged in transit.
5. Contracts for Outside Services. They may enter into
contracts with laboratories in localities accessible to the
various portions of the state for the prompt examination of
specimens received from local health officers or physicians and
for the immediate report thereon, at the expense of the state,
provided that all such laboratories shall conform to the
standards of efficiency established by the state board of health
and that the director, bacteriologist or pathologist in charge
of such examinations shall possess such educational and
technical qualifications as the state board of health shall
establish. No obligation shall be incurred by the state board
of health relative to such examinations in excess of the sums
made available therefor.
6. Bulletin. They may publish in a bulletin the results
of the analytical work done in said laboratory, naming fraudu-
lent and adulterated articles of food found on sale in this state,
166 Chapter 119 [1943
together with such other information relating to sanitary
matters as they may deem advisable.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 15, 1943.]
CHAPTER 119.*
AN ACT RELATIVE TO EXPENSES OF COUNTY COMMISSIONERS FOR
STRAFFORD COUNTY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Compensation for Expenses. Amend section 27 of
chapter 47 of the Revised Laws by striking out the words
"except Strafford" in the thirteenth and fourteenth lines so
that said section as amended shall read as follows: 27.
Commissioners. The annual salary of each commissioner of
the following counties shall be as follows, payable monthly by
the county:
In Rockingham, ten hundred dollars.
In Strafford, twelve hundred dollars.
In Belknap, nine hundred dollars.
In Merrimack, ten hundred dollars.
In Hillsborough, twenty-one hundred dollars.
In Cheshire, one thousand dollars.
In Sullivan, nine hundred dollars.
In Grafton, ten hundred dollars.
In Carroll and Coos counties each commissioner, when
employed in the business of the county shall receive five
dollars a day, payable as hereinbefore provided. To the fore-
going sums shall be added, in all the counties, a reasonable
sum for all necessary expenses, under order of the county
auditors.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 20, 1943.]
* See also chapters 150, 179, 195 and 202, post.
1943] Chapter 120 167
CHAPTER 120.
AN ACT TO AUTHORIZE CITIES AND TOWNS TO AID IN THE OPERA-
TION OF LOCAL WAR HOUSING CENTERS ESTABLISHED THEREIN.
Whereas, the expansion of war industries and activities in
connection with the prosecution of the war has caused a great
migration of workers to centers of such industries and activi-
ties, and
Whereas, in localities in the state there exists a shortage
of housing for workers engaged or to be engaged in war in-
dustries or activities in such localities which jeopardizes the
health, safety and welfare of the residents thereof and im-
pairs the successful prosecution of the war, and
Whereas, it is necessary that immediate action be taken to
assist in alleviating the shortage of housing for such war
workers in those localities, therefore
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. War Housing Center. During the continuation of the
war, any city or town may, if the city council or legal town
meeting thereof declares that there exists in such city or town
a shortage of housing for workers engaged or to be engaged
in war industries or activities located in or near such city or
town, contribute facilities, funds or services for the operation
of a local war housing center established therein to assist in
alleviating the shortage of housing for such war workers
through the development of the maximum use of all local
facilities which can be made available to provide housing, by
registering all available rooms and dwellings in new and exist-
ing housing; by listing existing buildings or structures which
are suitable for, or can be converted to, dwelling use; by re-
ceiving applications for the conversion of existing buildings
and structures to dwelling use; by referring such war work-
ers to suitable housing accommodations nearest to their places
of employment, or by such other activities as will assure the
maximum use of all local facilities which can be made avail-
able to provide housing for such war workers.
2. Takes Effect; Termination. This act shall take effect
upon its passage and shall be effective only until the termina-
tion of the present war.
[Approved April 20, 1943.]
168 Chapters 121, 122 [1943
CHAPTER 121.
AN ACT RELATIVE TO STATE AID FOR TOWN HIGHWAYS.
Be it enacted by the Semite and House of Representatives in
General Court convened:
1. Class II Highways. For the period during which this
act is in effect all state aid construction for class II highways
is hereby suspended. During said period, however, towns
may apply for and shall be entitled to receive state aid for
construction of class V highways to the extent of fifty per
cent of that provided in sections 22 and 23 of chapter 100 of
the Revised Laws.
2. Laws Suspended. Section 38 of chapter 100 of the
Revised Laws relative to state aid for class II highways is
hereby suspended during the time this act is in effect.
3. Takes Effect. This act shall take effect upon its
passage and shall be effective until the termination of the
present war and for six months thereafter.
[Approved April 20, 1943.]
CHAPTER 122.
AN ACT RELATIVE TO FOREIGN HOSPITAL SERVICE CORPORATIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Hospital Service Corporations. Amend paragraph II
of section 3 of chapter 334 of the Revised Laws by adding
thereto the words, except as provided by section 12, so that
said paragraph as amended shall read : II. Restriction.
No hospital service corporation organized under the laws of
any other state or country shall be licensed to do business in
this state except as provided by section 12.
2. Foreign Corporations. Amend chapter 334 of the Re-
vised Laws by adding the following new section : 12. Foreign
Corporations, Reciprocity. Any corporation organized under
the laws of another state or country which except as to state
of organization is a hospital service corporation as defined by
section 1, and which the insurance commissioner finds has
fully complied with the laws of such other state or country,
shall be entitled to do business within this state subject to the
1943] Chapter 123 169
provisions of this chapter after obtaining a Hcense as pro-
vided by section 3; provided however that no such corpora-
tion organized under the laws of another state or country
shall be entitled to such license, or to do business in this state
unless such other state or country grants substantially similar
rights and privileges to hospital service corporations organ-
ized under the laws of this state. The insurance commis-
sioner shall determine whether rights and privileges granted
by other states or countries are substantially similar to those
granted by this state, and his determination shall be final.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved April 20, 1943.]
CHAPTER 123.
AN ACT RELATIVE TO CLASS I AND CLASS II HIGHWAYS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Classification of Highways. Amend paragraph II of
section 24 of chapter 99 of the Revised Laws by striking out
the same and inserting in place thereof the following: II.
All highways designated as the secondary highway system in
accordance with the plan therefor on file in the office of the
secretary of state.
2. Class I and Class II Highways. Amend section 10 of
chapter 100 of the Revised Laws by striking out all of this
section and inserting in place thereof the following: 10.
Reconstruction and Maintenance. The state highway depart-
ment shall assume full control of reconstruction and mainte-
nance of all class I highways including bridges thereon, and
class II highways including bridges thereon now or hereafter
constructed or reconstructed in accordance with the designa-
tion as to maintenance shown on a map filed in the office of
the secretary of state and designated "Secondary State High-
way System 1937." The state highway commissioner with
the approval of the governor and council may designate all or
any part of class I and class II highways for winter mainte-
nance. The cost of this maintenance and reconstruction shall
be a charge against the funds accruing to the highway depart-
170 Chapter 124 [1943
ment; provided however, that no state funds shall be ex-
pended within the compact parts of any city or town of
twenty-five hundred inliabitants or over, but such portions
shall be constructed and maintained by the city or town in
which they are located.
3. Repeal. Section 21 of chapter 100 of the Revised Laws,
relative to maintenance of certain highways, is hereby re-
pealed.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved April 20, 1943.]
CHAPTER 124.
AN ACT RELATIVE TO TAKING CLAMS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Clams. Amend chapter 245 of the Revised Laws by
striking out sections 63 and 64 and inserting in place thereof
the following: 63. Town Regulations. Any town may, at
any annual or special meeting, vote to regulate the taking of
clams within its limits, may make reasonable rules and regu-
lations restricting the taking, sale or consumption of clams,
requiring a permit for taking clams and establishing fees
therefor, or any other regulations deemed by said town neces-
sary for the proper protection, propagation and conservation
of clams within the limits of said town. If a town shall adopt
rules and regulations in accordance with the authority herein
granted the selectmen shall enforce the provisions of said
rules and regulations. 64. Penalty. Whoever violates any
rule or regulation of a town relative to taking or possessing
clams, as provided in section 63, shall be fined not more than
ten dollars.
2. Takes Effect. This act shall take elTect upon its
passage.
[Approved April 20, 1943.]
1943] Chapters 125, 126 171
CHAPTER 125.
AN ACT RELATIVE TO CLERK HIRE IN THE PROBATE OFFICES OF
CHESHIRE AND SULLIVAN COUNTIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Cheshire and Sullivan County Probate Offices. Amend
section 22 of chapter 347 of the Revised Laws, as amended by
chapter 63 of the Laws of 1943, by inserting before the words
"in Sullivan" the words, in Cheshire county, five hundred
dollars, and by striking out the word "three" after the words
'•Sullivan county" and inserting in place thereof the word,
five, so that said section as amended shall read as follows:
22. Clerk Hire. Registers of probate shall be allowed the
following sums annually for clerk hire, payable monthly by
the county:
In Rockingham county, one thousand three hundred dollars.
In Strafford county, five hundred dollars.
In Merrimack county, one thousand dollars.
In Hillsborough county, three thousand two hundred twenty
dollars.
In Cheshire county, five hundred dollars.
In Sullivan county, five hundred dollars.
In Grafton county, three hundred dollars.
In Coos county, one hundred fifty dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 20, 1943.]
CHAPTER 126.
AN ACT RELATING TO LINES OF TELEGRAPH AND OTHER
COMPANIES IN HIGHWAYS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Lines of Telegraph and Other Companies in Highways.
Amend section 2 of chapter 113 of the Revised Laws by strik-
ing out said section and inserting in place thereof the follow-
ing: 2. Procedure. Any such person, copartnership or
corporation desiring to erect or install any such poles,
172 Chapter 126 [1943
structures, conduits, cables or wires in, under or across any
such highway, shall secure a permit or license therefor in
accordance with the following procedure:
I. Jurisdiction, (a) Town Highways. Petitions for
such permits or licenses concerning town highways shall be
addressed to the selectmen of the town in which such high-
way is located; and they are hereby authorized to delegate all
or any part of the powers conferred upon them by the pro-
visions of this section to such agents as they may duly
appoint.
(b) City Highways. Petitions for such permits or
licenses concerning city highways shall be addressed to the
board of mayor and aldermen or board of mayor and council
of the city in which such highway is located and they shall
exercise the powers and duties prescribed in this chapter for
selectmen; and they are hereby authorized to delegate all or
any part of the powers conferred upon them by the provisions
of this section to such agents as they may duly appoint.
(c) State Highways. Petitions for such permits or
licenses concerning all class I and class H highways as defined
by section 24, chapter 99 of the Revised Laws, shall be
addressed to the state highway commissioner, who shall have
exclusive jurisdiction of the disposition of such petitions to
the same effect as is provided for selectmen in other cases,
and also shall have like jurisdiction for changing the terms of
any such license or for assessing damages as provided in this'
chapter. The commissioner shall also have the same author-
ity as conferred upon the selectmen by section 4 of this chap-
ter to revoke or change the terms and conditions of any such
license. The commissioner is hereby authorized to delegate
all or any part of the powers conferred upon him by the pro-
visions of this section to such agent or agents as he may duly
appoint in writing; he shall cause such appointments to be
recorded in the office of the secretary of state, who shall keep
a record thereof.
(d) The word "selectmen" as used in the following
paragraphs of this section shall be construed to include all
those having jurisdiction over the issuance of permits or
licenses under paragraph I hereof.
n. Permits. The petitioner may petition such selectmen
to grant a permit for such poles, structures, conduits, cables
1943] Chapter 126 173
or wires. If the public good requires, the selectmen shall
grant a permit for erecting or installing and maintaining such
poles, structures, conduits, cables or wires. Such permit shall
designate and define in a general way the location of the poles,
structures, conduits, cables or wires described in the petition
therefor. Such permit shall be effective for such term as
they may determine, but not exceeding one year from the
date thereof, and may, upon petition, be extended for a
further term not exceeding one year.
III. Effect of Permit. Except as otherwise provided in
this chapter, the holder of such permit shall during the term
thereof be entitled to have and exercise all the rights,
privileges and immunities and shall be subject to all the duties
and liabilities granted or imposed by this chapter upon the
holder of a license hereunder.
IV. Licenses. The petitioner may petition such select-
men to grant a license for such poles, structures, conduits,
cables or wires. If the public good requires the selectmen
shall grant a license for erecting and installing or maintaining
the poles, structures, conduits, cables or wires described in
the petition.
V. Provisions of Licenses. The selectmen in such
license shall designate and define the maximum and minimum
length of poles, the maximum and minimum height of
structures, the approximate location of such poles and
structures and the minimum distance of wires above and of
conduits or cables below the surface of the highway, and in
their discretion the approximate distance of such poles from
the edge of the traveled roadway or of the sidewalk. Such
designation and definition of location may be by reference to
a map or plan filed with or attached to the petition or license.
VI. Effect of License. All licenses granted under the
provisions of this chapter shall be retroactive to the date the
petition therefor is filed. The word "license" as hereinafter
used in this chapter, except in section 5, shall be construed to
include the word "permit." The holder of such a license,
hereinafter referred to as licensee, shall thereupon and there-
after be entitled to exercise the same and to erect or install
and maintain any such poles, structures, conduits, cables, and
wires in approximately the location designated by sucli licenr^e
and to place upon sucli poles and structures the necessary and
174 Chapter 127 [1943
proper guys, cross-arms, fixtures, transformers, and other
attachments and appurtenances which are required in tlie
reasonable and proper operation of the business carried on by
such licensee, together with as many wires and cables of
proper size and description as such poles and structures are
reasonably capable of supporting during their continuance in
service; and to place in such underground conduits such num-
ber of ducts, wires, and cables as they are designed to accom-
modate, and to supply and install in connection with such
underground conduits and cables the necessary and proper
manholes, drains, transformers, and other accessories which
may reasonably be required.
2. Change in Time. Amend section 5 of chapter 113 of
the Revised Laws by striking out said section and inserting
in place thereof the following : 5. Return and Record. The
selectmen or the board of mayor and aldermen or other board
having authority to locate poles and wires in cities, or the
state highway commissioner, within six months after any
petition authorized by this chapter has been presented for
action, shall make a return of their proceedings and their de-
cision thereon ; provided, however, that if a permit is granted
upon petition therefor, return and decision upon the petition
for license presented in connection with such petition for per-
mit shall be made on or before the expiration of such permit.
They shall cause the petition for license and their return to
be recorded by tlie clerk of the city or town in which the
poles, structures, conduits, cables or wires are located.
3. Repeal. Section 9 of chapter 113 of the Revised Laws,
relative to the highway commissioner, is hereby repealed.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved April 21, 1943.]
CHAPTER 127.
AN ACT RELATIVE TO THE ADOPTION OF MINORS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Adoption of Minors. Amend section 1 of chapter 345
of the Revised Laws by striking out said section and inserting
1943] Chapter 127 175
in place thereof the following: 1. Petition. Any person,
whether resident in the state or not, except as hereinafter
provided, may petition the probate court in the county of his
residence or that of the child, for leave to adopt a minor child
not his own; but the prayer of a petition by a person having
a husband or wife shall not be granted unless both join there-
in; and provided that no person, not a resident of this state,
shall petition in any probate court of this state for the
adoption of an illegitimate child whose mother was a non-
resident at the time of such child's birth, unless such mother
shall have resided in this state at least six months at the time
the petition is filed.
2. Procedure. Amend chapter 345 of the Revised Laws
by inserting after section 1 the following new section: 1-a.
Investigation. The register of probate shall send to the de-
partment of public welfare a copy of every petition for
adoption of minors filed in probate court within seven days
after it is filed. Said department shall make, or cause to be
made at its direction, an investigation to determine whether
the petitioners and their home are suitable for the proper rear-
ing of the child, due regard being given the race and religion
of the child and the petitioners, and when ordered by the
court said department shall make or cause to be made at its
direction an investigation to determine the condition and ante-
cedents of the child for the purpose of ascertaining whether
he is a proper subject for adoption. Said department shall
submit to the court, not later than sixty days after the receipt
of said petition such report as will give the court full knowl-
edge as to the desirability of the proposed adoption. Such
reports shall not be examined by any person not a party to
the proceedings without an order from the court.
3. Requirements. Amend section 2 of said chapter 345
by striking out said section and inserting in place thereof the
following: 2. Consent. Except as otherwise provided in
chapter 127 of the Revised Laws as to abandoned or neglected
children, the child, if of the age of fourteen or upward, and
his parents, or the survivor of them, shall consent in writing
to the adoption; in case of an illegitimate child, the consent
of the mother alone or when said mother is under eighteen
years of age, if the court shall so order, the consent of the
mother and her parents or the survivor of them, and in case
of abandonment on the part of either parent or of the insanity
176 Chapter 127 [1943
of either parent, the consent of the remaining parent, shall be
sufficient. If neither parent is living-, the guardian of the
child may give consent. If there is no guardian, the court
shall appoint a guardian ad litem who may give consent.
4. Waiver in Certain Cases. Amend section 3 of said
chapter 345 by striking out said section and inserting in place
thereof the following: 3. Notice. If the requirements of
the preceding sections have been complied with, or if the
judge is satisfied, no notice of the proceedings, other than
notice to the department of public welfare as provided in
section 1-a, shall be required if both parents of the child, or
the survivor of them, or his guardian, or his mother and her
parents, or the survivor of them, shall have given consent.
In all other cases notices shall be given before hearing.
5. Procedure. Amend section 4 of said chapter 345 by
striking out said section and inserting in place thereof the
following: 4. Waiting Period; Final Deci-ee; Exception. If
the requirements of the preceding sections have been complied
with, and the judge is satisfied with the identity and the rela-
tionship of the parties, and that the petitioner is of sufficient
ability to bring up and properly educate the child, and that it
is fit and proper that the adoption should take effect, he shall
make an order granting temporary custody of said child to the
petitioners for a period of one year from the date of said
order, except that in his discretion where he deems it for the
best interests of the child he may reduce the period of tempo-
rary custody to such length of time as he may see fit. Dur-
ing said period the department of public welfare shall make,
or cause to be made at its direction, visits in the home of the
petitioners, and shall have such mental and physical tests
made of the child as the department deems necessary, and
shall send a report to the court. If, at the end of said period,
the judge is of the opinion that the petition for adoption
should be granted, he shall thereupon make a decree setting
forth the facts and ordering that the child shall be the child
of the petitioners to ah legal intents and purposes. Within
seven days after the final decree is filed, the register of pro-
bate shall send to the town clerk of town of birth and to the
commissioner of public welfare by mail a report of the
adoption. The department of vital statistics shall provide
suitable forms for such reports.
6. Probation Officer not to Investigate Adoption Cases.
1943] Chapter 128 177
Amend section 10 of chapter 379 by striking out in the fourth
line the words "the adoption of or" so that said section as
amended shall read as follows : 10. Investigations. No de-
fendant shall be placed on probation until the report of the
investigation by a probation officer shall have been presented
to and considered by the court having jurisdiction. Whenever
a petition for the appointment of a guardian over a minor
under eighteen years of age is filed in any court of probate,
the judge thereof may cause an investigation and report to be
made by a probation officer for his consideration.
7. Application of Act. The provisions of this act shall not
affect any petitions for adoption of minors which are pending
at the date of the passage hereof.
8. Takes Effect. This act shall take effect upon its
passage.
[Approved April 21, 1943.]
CHAPTER 128.
AN ACT RELATIVE TO THE TERMS OF OFFICE OF THE MEMBERS OF
NEW HAMPSHIRE SHORE AND BEACH PRESERVATION AND
DEVELOPMENT COMMISSION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Shore and Beach Preservation and Development Com-
mission. Amend section 1 of chapter 5 of the Revised Laws
by striking out said section and inserting in place thereof the
following: 1. Commission Constituted. There shall be a
New Hampshire shore and beach preservation and develop-
ment commission consisting of six members appointed by the
governor, with the advice and consent of the council, for a
term of six years. Two members shall be appointed bienni-
ally and shall hold office until their successors are appointed
and qualified. Any vacancy in the membership of such com-
mission shall be filled for the unexpired term.
2. Present Commissioners. The present members of the
commission shall continue in office until the expiration of their
respective terms of office as now held by them.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved April 21, 1943.]
178 Chapters 129, 130 [1943
CHAPTER 129.
AN ACT PROVIDING FOR SPECIAL LICENSES FOR PERSONS DEALING
IN FRESH WATER SMELT FOR BAIT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Special Licenses. Amend chapter 247 of the Revised
Laws by adding after section 22 the following new sub-
division :
Sale of Fresh Water Smelt for Bait
22-a. License Required. No person shall sell or offer to
sell fresh water smelt for bait without first procuring a license
so to do.
22-b. Rules and Regulations. The director shall have the
power and authority to make and enforce rules and regulations
relative to licenses for dealers in smelt for bait, which author-
ity shall include the power to determine the bag limits which
a dealer may have in his possession at any one time, the bag
limit which he may take in any one day, and the method of
keeping such smelt for sale.
2. Takes Effect. This act shall take efi:'ect upon its
passage.
[Approved April 22, 1943.]
CHAPTER 130.
AN ACT REQUIRING PUBLIC HEARINGS PRIOR TO THE ADOPTION OF
CITY BUDGETS.
Be it enacted by the Senate and House of Representatives in
General Cow^t convened:
1. City Budgets. Amend chapter 62 of the Revised Laws
by adding after section 9 the following new section: 9-a
Public Hearings Required. A public hearing on the annual
budget of every city shall be held before the final adoption of
said budget at such time and place as the city council shall
direct, provided that notice of such public hearing shall be
published by the city clerk at least one week in advance of said
hearing, and posted, together with a summary of the budget
1943] Chapters 131, 132 179
as submitted, in two public places at least one week in advance
of said hearing,
2. Repeal; Takes Effect. Any provision of a city charter
inconsistent herewith is hereby repealed and this act shall
take effect upon its passage.
[Approved April 24, 1943.]
CHAPTER 131.
AN ACT RELATING TO MISDEMEANORS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Offenses Against the Police of Towns. Amend chapter
440 of the Revised Laws by adding the following new section :
17-a. Common and Contract Carriers. It shall be a mis-
demeanor, punishable under the provisions of this chapter for
any person to commit any of the offenses described in sec-
tions 1, 2, 3, 6 and 14 hereof while riding in a public convey-
ance or a common carrier of passengers operating over a
regular route, or a contract carrier.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 132.
AN ACT IN RELATION TO TENURE OF OFFICE AND LIABILITY OF
TAX COLLECTORS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Tax Collectors. Amend section 32 of chapter 59 of the
Revised Laws by striking out the whole of said section and
inserting in place thereof the following: 32. Succession in
Office. Whenever the term of office of a tax collector shall be
ended either by death, resignation, removal from town or
being removed from office for cause, through failure to be re-
elected or re-appointed or for any other reason, the selectmen
shall cause an audit of his accounts to be made at once and
180 Chapter 132 [1943
shall deliver to his successor in office new warrants, duly
signed and sealed, directing- him to collect such unpaid and
unredeemed taxes as may be shown by the audit. All records,
books and papers in his possession appertaining to his office
shall forthwith be delivered to the selectmen by the retiring
collector or, in the event of death, by his executor or admin-
istrator or by any other person or persons into whose hands
any of his unsettled tax lists or record books may have come.
The responsibility for further collection of taxes or conduct
of tax sales, the receipt of payments in redemption and giving
of deeds in default of redemption, shall thereupon cease. The
selectmen shall, at the same time, cause the succeeding tax
collector to be bonded under the provisions of sections 30 and
42 of this chapter, and such bonds shall be sufficient to cover
the uncollected taxes of his predecessor as committed to him
for collection in addition to the regular tax list and warrant
for the current year. No bond shall be valid unless approved
in writing by the state tax commission. The selectmen may
allow suitable compensation to the succeeding collector for
making collection of his predecessor's unpaid accounts.
2. Appointment of Successor. Further amend said
chapter 59 by inserting after section 32, the following new
section: 32-a. Vacancy. Whenever the office of tax collector
becomes vacant before the incumbent thereof has completed
the collection of the taxes committed to him, the selectmen
shall appoint, . under the provisions of the foregoing section,
some suitable person to collect the remainder of such taxes
and to receive payments in redemption from the tax sales of
his predecessor until the end of the term for which the retir-
ing collector had been appointed or elected. Such appointee
shall give bond, possess the powers, perform the duties and
be paid as other collectors.
3. Bond. Amend section 37 of said chapter 59 by adding
at the end thereof the following: No discharge of the bond
of such predecessor shall be made within one year from the
date on which he vacated the office, so that said section, as
amended, shall read as follows : 37. Liability. The appoint-
ment of a collector to succeed another in the collection of a
tax shall not in any way affect the bond of the predecessor, but
the signers thereof shall continue liable for all acts and
negligence of such predecessor while he was tax collector. No
1943] Chapters 133, 134 181
discharge of the bond of such predecessor shall be made with-
in one year from the date on which he vacated the office.
4. Application to City Charters. Any provision of any
city charter inconsistent with the provisions hereof is hereby
repealed to the extent of said inconsistency.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 133.
AN ACT FIXING THE DATE OF THE BIENNIAL PRIMARY ELECTION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Date of Primary. Amend section 4 of chapter 33 of
the Revised Laws by striking out said section and inserting
in place thereof the following new section: 4. Dates. A
primary conducted by the regular election officers shall be
held at the regular polling places in each town and ward in
the state on the second Tuesday in September, biennially, for
the nomination of all candidates to be voted for at the No-
vember election, except presidential electors.
2. Takes Effect. All acts and parts of acts inconsistent
with this act are hereby repealed, and this act shall take effect
upon its passage.
[Approved April 26, 1943.]
CHAPTER 134.
AN ACT IN RELATION TO ADVERTISEMENT AND SALE OF TAX-
DELINQUENT PROPERTY AND REPORTS THEREOF TO THE
REGISTER OF DEEDS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Proceeding Against Real Estate. Amend section 19 of
chapter 80 of the Revised Laws by striking out said section
and inserting in place thereof the following: 19.='= Notice ot
Sale. The collector shall give notice of every sale by posting
* See also pages 39, 40, ante.
182 Chapter 134 [1943
advertisements thereof in two or more public places in the
town at least thirty days before the sale, exclusive of the day
of posting- and the day of the sale, in which shall be stated the
name of the owner or of the person to whom the same was
taxed, the description of the property as listed,* the amount of
the tax, interest due thereon and costs and fees incident to
advertising and posting, and the place, day and hour of the
sale. He shall also, at the same time, send a like notice by
registered mail to the last known post-office address of the
owner or of the person against whom the tax was assessed.
2. Change in Time. Amend section 20 of said chapter 80
by striking out, in the first hne thereof, the word "seven"
and inserting in place thereof the word, fifteen, so that said
section as amended shall read as follows: 20. Report to
Register. Each tax collector, within fifteen days after such
posting and mailing shall deliver or forward by registered
mail to the register of deeds, for the county in which the real
estate is situated, a copy of the notice so posted, with an
affidavit that it was so posted and that the notices above re-
quired were so mailed.
3. Duty of Tax Collector. Amend section 24 of said chap-
ter 80 by striking out the whole of said section and inserting
in place thereof the following: 24.* Report of Sale. Each
tax collector, within fifteen days after the sale of any real
estate for taxes, shall dehver or forward to the register of
deeds for the county in which the real estate is situated a
statement of the following facts relating to each parcel of
real estate so sold, certified by him under oath to be true ; the
name of the person to whom the real estate was taxed and a
description of the property as it appeared in the tax list com-
mitted to him ; the total amount for which the sale was made,
including taxes, interest, fees and costs incident to advertis-
ing, posting, selling and making reports thereof to the register
of deeds; the day and place of the sale and the name of the
purchaser of each parcel sold and whether the sale was made
of the whole, or a part, or an undivided interest in each
separate tract or parcel of real estate, all of which shall be
recorded and indexed by the register of deeds in a book or
books to be kept for that purpose as provided in section 29
of this chapter.
4. Record in Registry Office. Amend section 28 of said
* See also page 40, ante.
1943] Chapter 135 183
chapter 80 by striking- out said section and inserting in place
thereof the following: 28. Notice of Redemption. When
the tax and charges shall be paid on property advertised to be
sold and said payment is made before the sale, and when a
payment in redemption shall be made after such sale, the tax
collector shall within fifteen days after such payment or re-
demption notify the register of deeds of the fact, giving the
name of the person so paying or redeeming, the date when
such payment or redemption was made, the date of the
advertisement or tax sale to which the same shall apply and
a brief description of the real estate advertised or sold, to-
gether with the name of the person or persons against whom
the tax was levied.
5. Definitions. Amend said chapter 80 by adding at the
end thereof the following new section: 46. Calendar Days.
Whenever the word "day" or "days" is used in this or any
other chapter of the Revised Laws relating or appertaining to
the collection of taxes, giving of notices, holding of distrained
property or in making reports to a register of deeds, it shall
be construed to mean calendar days and Sundays and holidays
shall be included.
6. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 135.
AN ACT RELATIVE TO MANNER OF TAKING DEER IN THE
TOWN OF PEMBROKE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Taking Wild Deer. Amend section 4 of chapter 242 of
the Revised Laws by inserting after the word "Allenstown"
in the ninth line the word, Pembroke, so that said section as
amended shall read as follows: 4. Shotguns. Wild deer
shall not be taken by the use of any firearm other than a shot-
gun loaded with a single ball or loose buckshot within the
counties of Hillsborough, Merrimack, Belknap or Rockingham,
with the following exceptions: the towns of Windsor, Hills-
184 Chapter 136 [1943
borough, Bennington, Deering, Francestown, Weare, Antrim,
Hancock, Greenfield, New Boston, Lyndeborough, Temple,
Sharon, New Ipswich, Greenville, Mason, Wilton, and Peter-
borough in the county of Hillsborough ; the towns of Andover,
Chichester, Wilmot, Danbury, Canterbury, Hill, New London,
Sutton, Bradford, Warner, Salisbury, Newbury, Webster,
Allenstown, Pembroke, Loudon, Pittsfield, Epsom, Boscawen,
Hopkinton, Dunbarton, Bow, Northfield, the eastern part of
the town of Hooksett bounded on the northeast by Allens-
town, east by Deerfield, southeast by Candia, and west by the
old Portsmouth Railroad, and Henniker in the county of Mer-
rimack; the towns of Sanborntown, Alton, Gilmanton, Barn-
stead, Belmont, Meredith, Center Harbor, and New Hampton
in the county of Belknap, and the towns of Candia, Auburn,
Deerfield, Northwood, Nottingham, Raymond and Epping in
the county of Rockingham.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 136.
AN ACT RELATING TO THE SALARY OF THE SOLICITOR OF
STRAFFORD COUNTY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Salary of Solicitor of Strafford County. Amend sec-
tion 20 of chapter 24 of the Revised Laws, as amended by
chapter 40 of the Laws of 1943, by striking out the word
"twelve" after the word "Strafford" and inserting in place
thereof the word, eighteen, so that said section as amended
shall read as follows: 20. Salaries. The annual salaries of
the solicitors in the several counties shall be as follows :
In Rockingham, fifteen hundred dollars.
In Strafford, eighteen hundred dollars.
In Belknap, twelve hundred dollars.
In Carroll, eight hundred dollars.
In Merrimack, twelve hundred and fifty dollars.
In Hillsborough, twenty-five hundred dollars.
1943] Chapter 137 185
In Cheshire, twelve hundred dollars.
In Sullivan, twelve hundred dollars.
In Grafton, twelve hundred dollars.
In Coos, fifteen hundred dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 137.
AN ACT RELATIVE TO ASSISTANTS IN THE OFFICE OF THE
COMMISSIONER OF MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives in
Gejieral Court convened:
1. Motor Vehicle Commissioner. Amend chapter 115 of
the Revised Laws by inserting after section 4 the following
new section: 4-a. Deputy; Director; Administrator. The
commissioner, with the approval of the governor and council,
shall appoint the following assistants, who shall serve during
the pleasure of the commissioner: I. A deputy commis-
sioner, who shall assist the commissioner and during the
absence of the commissioner may exercise the powers and
perform the duties of the commissioner to the extent that he
may be so authorized by the commissioner. In case of the
temporary disability of the commissioner, or of a vacancy in
the office, the deputy shall have the powers and perform the
duties of the office until another commissioner is appointed
and qualified. He shall be paid an annual salary of three
thousand five hundred dollars. II. A director of safety, who
shall assume, under the direction of the commissioner, the re-
sponsibility of the administration of the financial responsi-
bility law and the safety program of the department. The
commissioner may delegate to him authority to sign and
execute any documents pertaining to his work and such docu-
ments so signed by the director shall have the same effect as
if signed by tlie commissioner. Said director shall be paid an
annual salary of thirty-two hundred dollars. III. A road
toll administrator, who shall assume, under the direction of
the commissioner, the responsibility of the administration of
the motor vehicle road toll law. The commissioner may
186 Chapters 138, 139 [1943
delegate to said administrator authority to sign and execute
any documents pertaining to his work and such documents so
signed by the administrator shall have the same effect as if
signed by the commissioner. Said administrator shall be
paid an annual salary of two thousand seven hundred dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 138.
AN ACT RELATIVE TO THE TERMS OF OFFICE OF MEMBERS OF THE
OPTOMETRY BOARD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Optometry Board. The terms of office of the present
members of the board of registration in optometry, as pro-
vided by chapter 253 of the Revised Laws, which, by the com-
missions of said members, expire on the seventeenth of May
in the years 1943, 1944, 1945, 1946 and 1947, respectively, are
hereby severally extended to June thirtieth, in each of said
years. New appointments to said board shall hereafter begin
as of July first.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
CHAPTER 139.
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 war 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
19431 Chapter 139 187
of defense industries in the state ; that there is an acute
shortage of safe and sanitary dwelHngs available to such per-
sons and their families in this state which impedes the
national war program; that it is imperative that action be
taken immediately to assure the availability of safe and sani-
tary dwellings for such persons to enable the rapid expansion
of national war activities in this state and to avoid a large
labor turnover in war industries which would seriously
hamper their production; that the provisions hereinafter en-
acted are necessary to assure the availability of safe and
sanitary dwellings for persons engaged in national war activi-
ties which otherwise would not be provided at this time; and
that such provisions are for the public use and purpose of
facilitating the national war program in this state. It is
further declared to be the purpose of this act to authorize
housing authorities to do any and all things necessary or de-
sirable to secure the financial aid of the federal government,
or to cooperate 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 war
activities.
2. Definitions. The following terms wherever used in this
act shall have the following respective meanings unless a
different meaning clearly appears from the context:
I. "Authority" shall mean any public corporation
created by this act.
II. "Municipality" shall mean any town or city in this
state.
III. "Governing body" shall, in the case of a town, mean
the town meeting, in the case of a city, the city councils.
IV. "Development" shall mean any and all undertakings
necessary for the planning, land acquisition, demolition, finan-
cing, construction or equipment in connection with a project,
including the negotiation or award of contracts therefor, and
shall include the acquisition of project, in whole or in part,
from the federal government.
V. "Administration" shall mean any and all under-
takings necessary for management, operation or maintenance
in connection with any project, and shall include the leasing
of any project, in whole or in part, from the federal govern-
ment.
188 Chapter 139 [1943
VI. "Persons engaged in national war activities" 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; workers engaged or to be engaged in industries con-
nected with and essential to the war effort; and shall include
the families of the aforesaid persons who are living with
them.
3. Creation of Housing Authorities. In each municipality,
as herein defined, there is hereby created a public body
corporate and politic to be known as the housing authority of
the municipality for the purposes of the development and
administration of projects to assure the availability of safe
and sanitary dwellings for persons engaged in national Avar
activities. Each such housing authority may transact busi-
ness and exercise its powers under this act only after being
authorized by a resolution of the governing body of the muni-
cipality adopted by majority vote of those present at any
regular or special meeting.
4. Appointment, Qualifications and Tenure of Commission-
ers. When the governing body of a municipality adopts the
provisions of this act, the mayor with the approval of the city
councils, or the selectmen in case of a town, shall appoint
five persons as commissioners of the authority created for
said city or town. The commissioners who are first appointed
shall be designated to serve for terms of one, tv^^o, three, four
and five years, respectively, from the date of their appoint-
ment, 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 commis-
sioner of an authority may be an officer or employee of the
municipality for which the authority is created. A commis-
sioner shall hold office until his successor has been appointed
and has qualified. A certificate of the appointment or re-
appointment of any commissioner shall be filed with the city
or town clerk and such certificate shall be conclusive evidence
of the due and proper appointment of such commissioner. A
commissioner shall receive no compensation for his services,
but he shall be entitled to the necessary expenses, including
traveling expenses, incurred in the discharge of his duties.
The powers of each authority shall be vested in the com-
1943] Chapter 139 189
missioners thereof in office from time to time. Three com-
missioners 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 or selectmen shall
designate which of the commissioners appointed shall be the
first chairman and he shall serve in the capacity of chair-
man until the expiration of his term of ofhce as commissioner.
When the ofhce 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 ex-
perts and such other officers, agents and employees, perma-
nent and temporary, as it may require, and shall determine
their qualifications, 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.
5. Interested Commissioners or Employees. No commis-
sioner or employee of any authority shall acquire any interest
direct or indirect in any housing project or in any property
included or planned to be included in any project, nor shall
he have any interest direct or indirect in any contract or
proposed 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 in-
terest direct or indirect in any property included or planned
to be included in any housing project, he immediately shall
disclose the same in writing to the authority and such dis-
closure 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
shall not participate in any action by the autliority affecting
such property.
6. Removal of Commissioners. For inefficiency or neglect
of duty or misconduct in office, a commissioner of an author-
190 Chapter 139 [1943
ity may be removed by the mayor or selectmen, but a com-
missioner 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 find-
ings thereon, shall be filed in the office of the clerk of the city
or town.
7. 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 efi'ectuate 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 any-
thing 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.
IV. To lease or rent any dweUings, houses, accommoda-
tions, lands, buildings, structures or facilities embraced in
any housing project and (subject to the limitations contained
in this act) to establish and revise the rents or charges there-
for; to own, hold, and improve real or personal property; to
1943] Chapter 139 191
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 in-
vest 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. To exercise all or any part or combination of powers
herein granted.
No provisions of law with respect to the acquisition, oper-
ation or disposition of property by other public bodies shall be
applicable to an authority unless the legislature shall specific-
ally so state.
8. 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 accom-
modations at the lowest possible rates consistent with its
providing decent, 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 muni-
cipality. 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-
192 Chapter 139 [1943
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.
9. 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.
10. 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
in chapter 91 of the Revised Laws, 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 con-
sent. 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
publication 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
1943] Chapter 139 193
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 purpose,
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.
11. Planning, Zoning and Building Laws. All housing-
projects of an authority shall be subject to the planning,
zoning, 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
development of the area in which the housing authority
functions.
12. 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
contributions from the federal government or other source,
or a pledge of any income or revenues of the authority, or a
mortgage 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
obligations of an authority (and such bonds and obligations,
shall so state on their face) shall not be a debt of the munici-
pality, the state or any political subdivision tliereof and
neither the municipality, the state or any political subdivision
194 Chapter 139 [1943
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 con-
stitute an indebtedness within the meaning of any debt limi-
tation 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.
13. 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 exceed-
ing six per cent per annum, be in such denomination or de-
nominations, be in such form, either coupon or registered,
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
subject 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
provision 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.
14. 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
1943] Chapter 139 195
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 ;
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 sucli consent may
be given.
VII. To covenant as to the use of any or all of its real
or personal proi)erty; and to covenant as to the maintenance
of its real and personal property ; the replacement thereof, the
196 Chapter 139 [1943
insurance to be carried thereon and the use and disposition of
insurance moneys.
VIII. To covenant as to the rights, liabihties, powers and
duties arising upon the breach by it of any covenant, con-
dition, 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 declared
due before maturity, and as to the terms and conditions upon
which such declaration and its consequences may be waived.
IX. To vest in a trustee or trustees or the holders of
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 differ-
ent 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 dis-
cretion of said authority, as will tend to make the bonds more
marketable notwithstanding that such covenants, acts or
things may not be enumerated herein.
15. 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
1943] Chapter 139 197
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 of
any of the rights of such obligee of said authority.
16. 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
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.
II. 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 be 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 there-
after 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.
17. 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 riglit
of obligees to pursue any remedies for the enforcement of any
pledge or lien given by an authority on its rents, fees or
revenues.
18. Aid from Federal Government. An authority may
exercise any or all of its powers for the purpose of cooperating
198 Chapter 139 [1943
with, or acting as agent for, the federal government in the
development or administration of projects by the federal gov-
ernment to assure the availability of safe and sanitary dwell-
ings for persons engaged in national war activities and may
undertake the development or administration of any such
project for the 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 contri-
butions, grants or other financial assistance from the federal
government for or in aid of any housing project within 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, leases or
agreements as may be necessary, convenient or desirable. It
is the purpose and intent of this act to authorize every author-
ity to do any and all things necessary or desirable 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.
19. Tax Exemption and Payments in Lieu of Taxes. The
property of an authority is declared to be pubHc property used
for essential public and governmental purposes and such prop-
erty 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 schools, improvements, services, and facilities
furnished by such subdivision for the benefit of a housing
project. In no event shall such payments be less than the
amount last levied as the annual tax by such subdivision upon
the property included in said project prior to the time of its
acquisition by the authority.
20. 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 muni-
cipality 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
1943] Chapter 139 199
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, re-
grade, plan or replan streets, roads, roadways, alleys, side-
walks 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 buildings regulations
and ordinances; and may change its map;
V. Cause services to be furnished to the housing author-
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 an 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 improvements
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.
XI. With respect to any housing project which a housing
authority has acquired or taken over from the federal govern-
200 Chapter 139 [1943
ment 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.
21. 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 by its city councils or town may agree with the housing
authority that a certain sum shall be paid by the authority
in lieu of taxes for any year or period of years.
22. 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.
23. 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.
24. Reports. At least once a year an authority shall file
with the city or town clerk a report of its activities for the
preceding year, and shall make recommendations with refer-
ence to such additional legislation or other action as it deems
necessary to carry out the purposes of this act.
25. 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 in-
valid, 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.
26. 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.
27. The Housing Authority of the City of Manchester.
The housing authority of the city of Manchester, constituted
1943] Chapter 140 201
as provided in chapter 169 of the Revised Laws, is hereby de-
clared to be the authority for the city of Manchester, au-
thorized to exercise all the powers set forth in this act. The
creation of the housing" authority of the city of Manchester
and all acts and things done to authorize it to transact business
and to exercise its powers are hereby declared valid and legal
in all respects.
28. Effective Dates. This act shall take effect upon its
passage but no housing- authority shall initiate the develop-
ment of any project pursuant to this act after declaration by
the Congress of the United States that the present war is
terminated.
[Approved April 28, 1943.]
CHAPTER 140.
AN ACT RELATIVE TO APPRAISAL AND INDEMNITY OF CONDEMNED
DOMESTIC ANIMALS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Condemned Domestic Animals. Amend section 53 of
chapter 229 of the Revised Laws by striking out the words
"one hundred and twenty-five" in the third line and inserting
in place thereof the words, one hundred and seventy-five, and
by inserting after the word "hundred" in the fourth line the
words, twenty-five, so that said section as amended shall read
as follows: 53. Valuation. In making such appraisal, the
fact that the animals have been condemned for disease shall
not be considered; but in no case shall it exceed the sum of
one hundred and seventy-five dollars for grade cattle or two
hundred and twenty-five for pure bred registered cattle and
horses.
2. Temporary Payment of Indemnity. In case of con-
demned animals the state shall pay the owner, after he has
filed such certificate or certificates as the commissioner may
direct, in accordance with the provisions of chapter 229 of tlie
Revised Laws, one third of the appraised value on all horses
condemned and killed and for all bovine animals condemned
and killed an amount not to exceed fifty dollars for a grade
animal and seventy-five dollars for a registered pure bred
202 Chapter 140 [1943
animal providing- that the amount received from salvage, from
the federal government, and from the state shall not exceed
the appraised value thereof. The provisions of this section
shall be in effect for the period of two years from the date
of the passage of this act and during said two-year period the
provisions of section 57 of chapter 229 of the Revised Laws
shall be suspended.
3. Bonds and Notes Authorized. The state treasurer is
hereby authorized, with the consent of the governor and
council, to borrow such sums as are needed from time to time,
not to exceed one hundred thousand dollars, upon the credit
of the state, and for that purpose may issue bonds or notes,
in the name and on behalf of the state of New Hampshire, at
a rate of interest to be so determined at the time of consent
to the issue, and said interest to be payable semi-annually.
Such bonds or notes shall be in such form and such denomina-
tions 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. Such bonds or notes shall
mature in the fiscal year of 1948.
4. Records and Accounts. The secretary of state and the
state treasurer shall keep accounts of the bonds and notes
issued under the provisions of section 3 as they are required
to keep for the bonds and notes authorized by chapter 159 of
the Laws of 1939. The treasurer shall negotiate and sell such
bonds or notes in the same manner as provided in said chap-
ter 159.
5. Short-Time Notes. Prior to the issuance of serial
bonds or 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-time loans which may be
refunded by the issuance of bonds or notes hereunder, pro-
vided however, that at no time shall the indebtedness of the
state on such short-time loans and said bonds or notes exceed
the said sum of one hundred thousand dollars.
6. Appropriation. The proceeds of the sale of the bonds
or notes issued and sold under the provisions hereof are
hereby appropriated for the department of agriculture for use
in eradicating Bang's disease and for indemnities for bovine
tuberculosis as provided for in chapter 229 of the Revised
Laws, as amended by sections 1 and 2 of this act, and un-
1943] Chapter 141 203
expended portions of said proceeds remaining in the treasury
at the end of the fiscal year shall not lapse, but shall be avail-
able only for the eradication of Bang's disease and for in-
demnities for bovine tuberculosis. The governor, with the
advice and consent of the council, shall draw his warrant for
the payment from the funds provided by this act of sums
due or expended for the purposes authorized hereunder.
7. Takes Effect. This act shall take effect upon its
passage.
[Approved April 28, 1943.]
CHAPTER 141.
AN ACT TO PROHIBIT THE MUTILATION OF DOGS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Dogs. Amend chapter 180 of the Revised Laws by
inserting after section 17 the following new sections: 17-a.
Mutilation Prohibited. Whoever crops or cuts off, or causes
or procures to be cropped or cut off, except when and as
certified to be reasonably necessary by a veterinarian duly
registered under the provisions of chapter 255 of the Revised
Laws, the whole or any part of the ear of a dog shall be fined
not more than two hundred and fifty dollars. If a dog with
an ear cropped or cut off in whole or in part and with the
wound resulting therefrom unhealed is found confined upon
the premises or in the charge or custody of any person, such
fact shall be prima facie evidence of a violation of this section
by the person in control of such premises or the person having
such charge or custody. 17-b. Exhibition of Mutilated Dogs
Prohibited. Whoever shows or exhibits or procures to be
shown or exhibited at any dog show or exhibition in the state
a dog with an ear or ears cropped or cut off, except when
and as certified to be reasonably necessary by a veterinarian
duly registered under the provisions of the laws of the state
of his residence, shall be fined not more than two hundred
and fifty dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 28, 1943.]
204 Chapters 142, 143 [1943
CHAPTER 142.
AN ACT RELATING TO THE FISCAL YEAR OF TOWNS AND VILLAGE
PRECINCTS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Change in Date. Amend chapter 51, section 92, of the
Revised Laws by striking out all of said section and inserting
in place thereof the following: 92. Fiscal Year. The fiscal
year of towns, village precincts and departments thereof
excepting school districts shall end on December thirty-first.
2. Takes Effect. This act shall take effect on December 31,
1944.
[Approved May 3, 1943.]
CHAPTER 143.
AN ACT RELATING TO POSSESSION OF WILD DEER.
Be it enacted by the Senate and House of Representatives in
Gene7'al Court convened:
1. Limitation of Time. Amend section 7 of chapter 242
of the Revised Laws by striking out said section and insert-
ing in place thereof the following: 7. Possession of Wild
Deer. Wild deer, or any part of the carcass thereof, lawfully
taken may be possessed until February first next following
the date when taken, and not otherwise except as permitted
by the director. Possession of wild deer or any part of the
carcass thereof otherwise than during the open season and
until the next succeeding February first, except as permitted
by the director, shall be prima facie evidence that the same
was unlawfully taken. A person may bring into and possess
in this state deer lawfully taken in another state, provided
such person shall obtain from the director within ten days
after bringing such deer into this state a permit to possess
such deer.
2. Takes Effect. This act shall take effect upon its passage.
[Approved May 4, 1943.]
1943] Chapter 144 205
CHAPTER 144.
AN ACT RELATING TO ASSESSMENT OF GROWING WOOD AND
TIMBER.
Be it enacted by the Senate and House of Representatives in
Genetul Court convened:
1. Assessment of Growing Wood and Timber. Amend
section 4 of chapter 76 of the Revised Laws by inserting" after
the word "land" in the second hne thereof the following: of
growing wood and timber separately from the land; so that
said section shall read as follows: 4. Invoices. The select-
men shall set down in their invoice, in separate columns, the
value of improved and unimproved land ; of growing wood and
timber separately from the land; of buildings separately
assessed; of mills, factories and their machinery, wharves,
ferries, toll bridges, locks and canals and aqueducts ; the value
of stock in trade; of carriages; the number and value of
horses, asses, mules, cows, oxen and other neat stock; of
sheep, hogs, and fowl; and of all other classes of taxable
property.
2. Interpretation. The change in method of assessment
of real estate by separating the assessment of growing wood
and timber from that of the land on which it stands, as pro-
vided in section 1, shall be deemed to be for the purpose of
information and the selectmen shall not increase the total
valuation of the property unless it clearly appears from other
factors that such increase is justified.
3. Owner's Estimate of Wood and Timber. Amend sec-
tion 3, chapter 75 of the Revised Laws by adding at the end
thereof the following : The blank shall also require the owner's
estimate of the amount and kind of merchantable standing
wood and timber on each parcel of land owned by him, or
the amount and kind of merchantable wood and timber owned
by him and standing on land of another, so that said section
as amended shall read as follows: 3. Inventory Blanks.
The inventory blanks shall be so arranged and formulated as
to require, under oath, from the person or corporation to be
taxed, in answer to interrogatories therein stated, a descrip-
tion of all real estate taxable to the person or corporation,
and a statement of the gross amount or quantity of each class
of personal property for which he or it is taxable, and sucli
other information as will enable the selectmen or assessors
206 Chapter 145 [1943
to assess all the taxable property of such person or corpora-
tion and at its true value; also a list of the shares in railroad
corporations of this state owned by such person or corporation.
The blanks shall require the owner's estimate of the value
of his stock in trade, but not of his other property. The blank
shall also require the owner's estimate of the amount and
kind of merchantable standing wood and timber on each parcel
of land owned by him, or the amount and kind of merchantable
wood and timber owned by him and standing on land of
another.
4. Takes Effect. This act shall take effect April 1, 1944.
[Approved May 4, 1943.]
CHAPTER 145.
AN ACT RELATIVE TO THE CLASSIFICATION OF POSITIONS AND
SALARIES OF STATE EMPLOYEES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Classification Plan. The governor and council shall
within six months of the date of the passage of this act deter-
mine and establish a plan for the classification of salaries and
positions for persons in the state service other than (a) those
elected by popular vote or by the legislature (b) the members
of the state tax commission (c) those appointed and commis-
sioned by the governor or the governor and council (d) the
executive heads of departments and institutions and (e) the
deputy of any department head provided for by special statute.
Before adopting such a plan the governor and council shall
make or cause to be made a survey and study for the purpose
of ascertaining the duties, authority and responsibilities of
each position and the minimum qualifications required for the
satisfactory performance of the duties of each position. Con-
sideration shall be given to the experience of the state in
recruiting its personnel, the prevailing rates of pay for com-
parable services in public and private employment, main-
tenance and other benefits received by employees and the
financial condition and policies of the state. Consultation shall
be had with the appointing authorities, the principal super-
visory officers and with representatives of the state employees'
association.
1943] Chapter 145 207
2. Plan Shall Include. The plan for the classification of
salaries and positions shall include a determination of titles
for each class of positions aptly indicative of the duties per-
formed and a statement of such duties, a statement of the
nature of the supervision exercised and supervision received
and a determination of the minimum qualifications required
for the positions. The classes of positions shall be grouped
according to the general nature of the services rendered in
each class. The plan shall provide minima and maxima rates
of pay for each and every class of positions and for each
grade of position within any class and for the method and
rate of increases in pay within such classes. Appropriate
lines of promotion shall be indicated.
3. Adoption of Plan. Upon the adoption of the plan for
the classification of salaries and positions by the governor
and council, they shall declare such adoption and on the date
of such declaration all officers and employees in the state
service affected thereby shall use the titles, if any, assigned
to them and they shall immediately receive such pay as the
governor and council may have determined within the minima
and maxima rates set forth in the plan; provided that no
such determination shall be made which will increase the
total of the salaries of all such officers and employees to an
amount to exceed two percent of the appropriations made for
such salaries.
4. Modifications. The governor and council shall have the
authority to modify and revise the plan for the classification
of salaries and positions from time to time as new functions
or divisions of government are added or eliminated or as
changes in conditions and circumstances in state service may
justify. Such modifications or revisions shall become effective
at such time as the governor and council may determine.
5. Limitations. No person affected by the plan shall have
his present salary reduced thereby. No person affected by
the plan who is receiving more pay than the maximum pro-
vided for his classification shall be eligible for the pay in-
creases set up for such class. No classification of positions
shall be made which will result in the removal from state serv-
ice of a person otherwise entitled to employment therein.
6. Comptroller. It shall be the duty of the comptroller to
administer the plan for classification of salaries and positions
and a copy of the plan, rules and regulations, and all records
with reference to the employment of persons in the state
208 Chapter 146 [1943
service shall be in his keeping. The titles of all officers and
employees provided in the plan shall be used for payroll and
budget making purposes.
7. Rules and Regulations. The governor and council shall
adopt such rules and regulations as may be necessary for the
administration of said plan and the carrying out of the pur-
poses of this act and may modify such rules and regulations
from time to time, as the need may indicate.
8. Repeal. All acts or parts of acts fixing titles or salaries
for persons in the state service affected by the plan are hereby
repealed as of the date when the governor and council shall
declare the classification plan provided for hereunder to be in
effect.
9. Acts Making Appropriations for Fiscal Years. All
appropriations made by the legislature for the fiscal year
ending June 30, 1944 and June 30, 1945, carrying special
amounts for the salaries of persons in the state service
affected by this act shall, as of the date of declaration by
the governor and council provided for by section 3, be deemed
to be appropriations made for the activities of the particular
departments concerned and shall be redistributed as salaries
for particular persons in accordance with the classification
plan.
10. Takes Effect. This act shall take eftect upon its
passage, except as otherwise provided herein.
[Approved May 4, 1943.]
CHAPTER 146.
AN ACT AUTHORIZING TOWNS TO MAKE BY-LAWS RELATING TO
LICENSING TAXICABS.
Be it enacted by the Senate and HouLse of Representatives in
General Court convened:
1. Town By-Laws. Amend chapter 51 of the Revised
Laws by inserting after section 32 the following new section :
32-a. Taxicabs. Towns within which any taxicabs shall be
operated shall have the power to make by-laws relating to
the licensing of such vehicles therein, fixing reasonable license
fees therefor, and requiring proof of reasonable insurance or
bond for the protection of passengers riding therein, and may
enforce their observance by suitable penalties not exceeding
1943] Chapter 147 209
twenty-five dollars for each offense, to inure to such uses as
said towns may direct. The word "taxicabs" as used in this
section shall mean any rubber-tired motor vehicle, having a
manufacturers rated capacity of not more than seven passen-
gers, used in the call and demand transportation of passengers
for compensation to or from points chosen or designated by
the passengers and not operated on a fixed schedule, between
fixed termini, or any such vehicle leased or rented, or held
for leasing or renting, with or without driver or operator.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 4, 1943.]
CHAPTER 147.
AN ACT RELATIVE TO THE FORESTRY AND RECREATION
COMMISSION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Forestry and Recreation Commission. Amend section 1
of chapter 233 of the Revised Laws by striking out all of
said section and inserting in place thereof the following:
1. Commission. There shall be a forestry and recreation
commission of five members, appointed by the governor, with
the advice of the council, each for a term of five years. One
member shall be appointed each year and shall serve until
his successor is appointed and qualified. Vacancies shall be
filled for the unexpired term.
2. Present Commissioners. The present members of the
commission shall continue in oflice until the expiration of
their present commissions. The term of office of the member
of the commission which expires May 1, 1943 shall in the
first instance be filled for a term of four years.
3. New Commissioners. Upon the passage of this act, the
governor, with the advice of the council, shall appoint two
members of the commission, one of whose term in the first
instance shall be for three years from May 1, 1943 and the
other of whose term shall be for five years from May 1, 1943.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved May 4, 1943.]
210 Chapter 148 [1943
CHAPTER 148.
AN ACT TO ABROGATE THE MINIMUM WAGE COMPACT, SO CALLED.
Whereas, the general court approved and ratified a com-
pact "for establishing uniform standards for conditions of
employment, particularly with regard to the minimum wage,
in states ratifying the same," said compact being usually
known as the Minimum Wage Compact, which was formulated
by commissioners and delegates from seven states at Concord,
on May 29, 1934 ; and
Whereas, said compact was subsequently ratified by the
commonwealth of Massachusetts and the state of Rhode
Island; and
Whereas, the field of operation of the said compact was
fully occupied by federal legislation known as the federal
fair labor standards act or the federal wage and hour law,
soon after the consent of the Congress of the United States
to the above named compact was given, and said federal legis-
lation and the administration thereof, has made said compact
inoperative and of no eff'ect; and
Whereas, it is desirable that said compact be abrogated at
an early date by those states which have ratified the same,
now therefore,
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Abrogation of Compact. The compact heretofore de-
scribed, entitled "Compact for Establishing Uniform Stand-
ards for Conditions of Employment, Particularly with Regard
to the Minimum Wage in States Ratifying the Same," is
hereby abrogated on the part of the state of New Hampshire.
2. Repeal. Chapter 112 of the Laws of 1935, ratifying
said compact, is hereby repealed. The commission on inter-
state compacts affecting labor and industry, created by said
chapter, is hereby abolished and all records and documents
of said commission shall be filed in the office of the secretary
of state.
3. Takes Effect. This act shall take effect if and when
legislation to abrogate said compact, substantially similar to
this act, becomes effective in both the state of Rhode Island
and the commonwealth of Massachusetts, and the secretary
of state shall send a copy hereof to the governor of each of
said states.
[Approved May 4, 1943.]
1943] Chapters 149, 150 211
CHAPTER 149.
AN ACT RELATIVE TO TUITION FOR PUPILS ATTENDING APPROVED
SCHOOLS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Board of Education. Amend section 25 of
chapter 138 of the Revised Laws by striking- out the same
and inserting in place thereof the following: 25. Appeal.
The person applying for the pupil's transfer, or the governing
board of the school with which the district has made the
contract, may appeal from the decision of the school board
to the state board within ten days from the date of the filing
of the order, or if no order is filed within ten days after the
application. The state board may upon such appeal, or if
application is made directly therefor, modify the provisions
of section 21 when conditions of transportation or accessibility
require such action for the best interests of the pupil, and the
order of the board shall be final and binding upon any school
board affected thereby.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 4, 1943.]
CHAPTER 150.*
AN ACT RELATING TO THE SALARIES OF THE COUNTY
COMMISSIONERS OF THE COUNTY OF SULLIVAN.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Commissioners for the County of Sullivan. Amend
section 27, chapter 47, Revised Laws, as amended by chapter
119 of the Laws of 1943, by striking out the word "nine"
after the word "Sullivan" and inserting in place thereof the
word, ten, so that said section as amended shall read as
follows. 27. Commissioners. The annual salary of each
commissioner of the following counties shall be as follows,
payable monthly by the county:
In Rockingham, ten hundred dollars.
In Strafford, twelve hundred dollars.
In Belknap, nine hundred dollars.
*See also chapters 179, 195 and 202, post.
212 Chapter 151 [194S
In Merrimack, ten hundred dollars.
In Hillsboroug-h, twenty-one hundred dollars.
In Cheshire, one thousand dollars.
In Sullivan, ten hundred dollars.
In Grafton, ten hundred dollars.
In Carroll and Coos counties, each commissioner, when
employed in the business of the county, shall receive five
dollars a day, payable as hereinbefore provided. To the
foregoing sums shall be added, in all the counties, a reason-
able sum for all necessary expenses, upon order of the county
auditors.
2. Application of Act. The salary increase provided for
the commissioners for the county of Sullivan by the terms
of this act shall be effective as of January first, 1943.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved May 4, 1943.]
CHAPTER 151.
AN ACT PROVIDING FOR A DEFICIENCY APPROPRIATION IN CON-
NECTION WITH CERTAIN PROJECTS AT THE STATE HOSPITAL.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation. The sum of forty-four thousand dollars
($44,000) is hereby appropriated to pay for the deficiency in
the cost of the repair and construction projects at the state
hospital authorized by chapter 221 of the Laws of 1939.
2. Bonds or Notes Authorized. In order to provide the
funds for the appropriation made by the state hereunder the
state treasurer is hereby authorized, under the direction
of the governor and council, to borrow upon the credit of the
state a sum not exceeding forty-four thousand dollars and
for that purpose may issue bonds or notes in the name and on
behalf of the state. Such bonds or notes shall be deemed a
pledge of the faith and credit of the state.
3. Form; Proceeds of Sale. The governor and council
shall determine the form of such bonds or notes, their rate of
interest, using their best efforts to secure the lowest rate
obtainable, the dates when interest shall be paid, the dates
of maturity, the places where principal and interest shall be
paid, and the time or times of issue. Such bonds or notes
shall be signed by the treasurer and countersigned by the
1943] Chapter 152 2i3
g-overnor. The treasurer may negotiate and sell such bonds
or notes under the direction of the governor and council in
such manner as they may deem to be most advantageous to
the state. Out of the proceeds of the sale of said bonds or
notes the governor is authorized to draw his warrants for
the sums hereinbefore appropriated for the purposes of this
act.
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 time when payable, and the date
of delivery to the treasurer. The treasurer shall keep an
account of each bond or note, showing the number and amount
thereof, the name of the person to whom sold, the amount
received for the same, the date of the sale, and the time
when payable.
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 notes to be refunded
by the issuance of the bonds or notes hereunder, provided
however that at no one time shall the indebtedness of the state
on such short-term notes exceed the sum of forty-four thou-
sand dollars.
6. Takes Effect. This act shall take efiect upon its
passage.
[Approved May 4, 1943.]
CHAPTER 152.
AN ACT RELATIVE TO THE TERMS OF OFFICE AND POWERS OF THE
DIRECTORS OF NEW HAMPSHIRE WATER RESOURCES BOARD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Unexpired Term. Amend section 4 of chapter 266 of
the Revised Laws by striking out said section and inserting
in place thereof the following: 4. Management. The man-
agement of said corporation shall be vested in a board of five
directors to be appointed by the governor, with the advice
and consent of the council, one of whom shall be designated
as chairman. Not more than three of such members shall be
of the same political party. Each member shall hold office
214 Chapter 152 [1943
for five years and until his successor shall have been appointed
and qualified, and any vacancy shall be filled for the unexpired
term. All the members except the chairman shall serve
without salary, but they may receive such compensation for
attending meetings as may be fixed by the governor and
council, with reasonable expenses incurred in the performance
of their duties. The chairman shall receive a salary to be
fixed by the governor and council. The governor and council
may at any time remove a director for inefficiency, neglect
of duty, or malfeasance in office; but no director shall be
removed without a hearing, after notice in writing of the
charges against him.
2. Expirations. The terms of office of the present mem-
bers of the board of directors of New Hampshire water re-
sources board shall expire as follows: Milton Shapiro on
October 9, 1943, Waldo W. Buckminster on October 9, 1944,
John Jacobson, Jr. on October 9, 1945, Patrick J. Hinchey on
October 9, 1946. The office of the remaining member in which
there is now a vacancy shall be filled for a period to expire
October 9, 1947.
3. Projects, by Whom Operated. Amend section 12 of
chapter 266 of the Revised Laws by striking out said
section and inserting in place thereof the following: 12.
Reservoirs; How Operated. The corporation shall regulate
and direct the storage and release of water from each reser-
voir in such manner and at such times as shall be most
beneficial for regulating the flow of rivers and streams to
lessen damages resulting from floods and to promote the
state's industrial and economic welfare by enhancing the
present and potential water power, for supplying water to
any political subdivision of the state for public or domestic
use (provided that any such subdivision shall be required to
pay to said corporation a fair and reasonable compensation
as determined by said corporation for water so supplied) and
subject thereto for water users in accordance with the pro-
visions of contracts entered into pursuant to section 7. The
corporation shall not interfere with or obstruct the flow of
stored water released from any present or future water
storage or conservation reservoir located up-stream from said
project.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved May 4, 1943.]
1943] Chapter 153 215
CHAPTER 153.
AN ACT PROVIDING FOR SAFETY TO LIFE IN PLACES OF ASSEMBLY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Definitions. Terms used in this act shall be construed
as follows unless a different meaning is clearly apparent from
the language or content:
I. "Places of assembly" shall mean a room or space in
which provision is made for the congregation or assembly of
one hundred or more persons for religious, recreational, edu-
cational, political, social or amusement purposes or for the
consumption of food or drink. For the purpose of this
definition such room or space shall include any occupied con-
necting rooms or space in the same story, or in a story or
stories above or below, where entrance is common to the
rooms or spaces.
II. "Licensing agency" shall mean the chief of the fire
department, the firewards or engineers, if any, otherwise the
selectmen of the town or the commissioners of village district
as the case may be.
III. "Decorative materials" shall mean all combustible
decorative material, including curtains, acoustical materials,
streamers, cloth, cotton batting, straw, vines, leaves, trees
and moss, but not including floor coverings.
IV. "Aisle" shall mean a direct, safe and continuous
passageway leading directly to an exit and so arranged as to
be conveniently accessible at all times.
V. "Exits" shall mean the exit doorway or doorways, or
such doorways together with connecting hallways, passage-
ways or stairways through which persons may pass safely
from the place of assembly to a street or to an open space
which provides safe access to a street. Exit ways from any
room may lead through other rooms of the same tenancy.
VI. "Exit doorway" shall mean the doorway or other
opening through which persons may pass in using an exit
way.
VII. "Approved" shall mean approved by the licensing
agency.
VIII. "Fire resistive" or "flameproof" materials or con-
216 Chapter 153 [1943
struction which will satisfactorily resist the efforts of severe
fire.
IX. "Frame construction" shall mean construction in
which wooden framework form& the structural support for en-
closure walls, floor and roof.
X. "Balcony" shall mean the first seating tier above the
main floor and within the place of assembly.
XL "Gallery" shall mean any seating tier of a place of
assembly above the balcony.
XII. "Exit signs" shall mean signs visible from the exit
approach indicating the way of egress. Sign shall be in plainly
legible letters not less than six inches high with principal
strokes of such letters not less than three-quarters inches in
width. Exit signs shall be suitably illuminated by a reliable
light source giving an intensity of not less than five-foot
candles on the illuminated surface. Such illumination shall
be continuous. Signs shall have white letters on a red or
green field.
XIII. "Placard indicating capacity" shall mean a sign of
suitable size and form to indicate authorized capacity of each
room in number of occupants other than employees.
XIV. "Enforcement agency" shall mean the normal law
enforcing authorities of the state, county, city or town in
which the place of assembly is located.
XV. "Gross area" shall be considered as the area within
the perimeter of the building (no deductions for corridors,
closets or other subdivisions) used in serving each particular
occupancy as required under this act at the given floor level.
For multiple occupancies including classifications not specified
under this act, licensing agent shall establish the ratio to be
used.
2. Places of Assembly. No person shall own or operate a
place of assembly within this state unless licensed so to do by
the licensing agency of the city, town or village district where
said place of assembly is located in accordance with the
regulations herein promulgated. In the application of this act
to existing places of assembly the licensing agency may
modify such of its provisions as would require structural
changes if in his opinion adequate safety may be obtained
otherwise and provided that a permanent record is kept of
such modifications and the reasons therefor.
1943] Chapter 153 217
3. Licenses. A permit shall be obtained from the licensing
agency by the owner or operator of any place of assembly.
Such permit shall be issued without charge for one year from
date of issue and shall be revokable for cause. Application
for permit shall be made to the licensing agency who may
require building plans, showing type of construction, exits,
aisles and seating arrangements and details of decorations.
No permit shall be issued by the licensing agency until the
provisions of this act have been complied with.
4. Decorative Materials.
I. All combustible decorative materials shall be rendered
flameproof; provided this shall not be required of materials
not exceeding one sixteenth inch in thickness applied directly
to and adhering to a non-combustible base. Such flameproof-
ing, unless certified by Underwriters' Laboratories, Inc., or
other laboratories of recognized standing as being of a perma-
nent nature, shall be tested by the fire department each six
months and the treatment renewed if necessary.
IL The use of imitation leather (or other material) con-
sisting of or coated with a pyroxylin base as decorations is
prohibited.
5. Aisles. For each room or space used with chairs alone
or with tables and chairs, the arrangement shall be such as
will provide for ready access by aisles to each exit doorway.
Aisles leading directly to exit doorways shall have not less
than thirty-six inches clear width which shall not be
obstructed by chairs, tables or other objects.
6. Basis for Determining Exits. The basis of exit require-
ments shall be not over one person to each fifteen square feet
of gross area occupied. When application is made for a
permit in which the number of persons to be accommodated,
either in any given room or space or in the gross area of the
place of assembly, is greater than this basis, the exit require-
ments shall be based upon this greater number. Where the
existing exit facilities for any room or space accommodating
one hundred or more people are not sufficient on the above
basis of one person to fifteen square feet, the number of
persons permitted shall be reduced in proportion to the exits
existing.
7. Exit Doorways.
L Every room, gallery, balcony, tier or other space
having a capacity of one hundred or more persons shall have
218 Chapter 153 [1943
at least two exit doorways. In existing places of assembly
located on the first or grade floor a single exit doorway may
be used to provide exit for not more than two hundred per-
sons provided the doorway has a clear width of not less than
forty-four inches. The exit doorways shall be so located that
no point in the room or space is more than one hundred feet
distant from an exit doorway, measured along the line of
travel.
II. The aggregate clear width of doorways serving as
required exits shall be not less than at the rate of twenty-two
inches for every one hundred persons to be accommodated.
No exit doorway shall have a clear width of less than thirty-
four inches, corresponding to a nominal thirty-six-inch door.
III. Exit doorways shall be located with proper regaid
to safety of the occupants and ease of exit. The size and
shape of the room or space, the accessibility of streets and
open spaces, the ability to use horizontal exits and the de-
sirability of good separation of exit doorways shall be con-
sidered.
8. Exit Ways. Every room, gallery, balcony, tier or other
space having a capacity of more than two hundred persons
shall have at least two exit ways, and where the capacity is
more than six hundred persons at least three exit ways, and
where the capacity is more than one thousand persons at least
four exit ways. Such required exit ways may use communi-
cating hallways, corridors or passageways, and exit ways
from two or more separate places of assembly may use common
interior stairways, but the required exit ways for any one
place of assembly shall not use a common interior stairway.
9. Exit Doors.
I. All exit doors in rooms occupied by fifty or more
persons and all exit doors in exit ways from places of
assembly shall be hung to swing in the direction of exit
travel, but this requirement shall not be construed to prohibit
doors swinging both inwards and outwards.
II. Revolving doors shall not be used in required exit
ways except under one or more of the following conditions :
(a) Where the place of assembly is in a building of
fireproof construction, with no hangings, draperies or decora-
tions of cloth or paper, other than flameproofed curtains.
(b) Where the place of assembly and the remainder of
the building are protected by an automatic sprinkler system.
1943] Chapter 153 219
(c) Where the place of assembly has a capacity of not
over two hundred persons and has no hangings, draperies or
decorations of cloth or paper other than flameproofed curtains,,
and there is an exit door of the swinging type adjacent to
each revolving door.
(d) Where a place of refuge is provided for all
occupants of the place of assembly in portions of the build-
ing between the exit doors of the place of assembly and the
revolving doors, and there is an exit door of the swinging
type adjacent to each revolving door. Such place of refuge
may consist of hallways, stairways, or areas separated from
the place of assembly by fire walls or fire partitions.
III. Revolving doors may be used in exit ways only at
points of egress from the first story above grade.
IV. All revolving doors in exit ways shall be of an
approved type which will collapse under pressure, and only the
width of one leaf shall be considered in figuring exit require-
ments. Employees shall be instructed in the method of
collapsing revolving doors, and the doors shall be tested by
collapsing at least once a month.
V. During the period of occupancy, no exit door shall be
locked, bolted, or otherwise fastened so that the door cannot
be opened from the inside by the use of the ordinary door
knob or by pressure on the door or on a panic release device.
In a place of assembly with a permitted capacity in excess
of five hundred, and elsewhere where deemed necessary, the
exit doors shall be provided with approved panic bar release
device.
10. Marking of Exits.
I. In rooms accommodating more than seventy-five per-
sons, required exit doorways, other than those normally used
for entrance, shall be plainly marked by approved exit signs,
sufficiently illuminated when the floor area is occupied, to be
readily distinguished.
II. Directional signs, as required, shall be placed on walls
or otherwise displayed in conspicuous locations to direct
occupants to exits.
11. Electric Wiring. Electric wiring and equipment shall
be installed in accordance with the National Electrical Code.
12. Lighting of Exits.
I. Required exit ways shall be kept adequately lighted
220 Chapter 153 [1943
at all times that the place of assembly served thereby is
occupied.
IT. Where the number of persons exceeds seventy-five
in any room the artificial lighting of the room and of exit
ways therefrom shall be by electricity so arranged and
supplied that interruption of supply to any lighting branch
circuit will not result in extinguishment of all the lights in
the room or all the lights along any exit way.
13. Use of Exits. No part of a stairway, whether interior
or exterior, nor of a fire tower, nor of a hallway, corridor,
vestibule, balcony or bridge leading to a stairway or exit of
any kind, shall be used in any way that will obstruct its use
as an exit or that will present a hazard of fire,
14. Stairways.
I. Construction. Where a place of assembly is located
above the second story above grade interior exit stairways
shall continue to the roof; provided that in case of roofs
having a pitch exceeding one in four, such stairways shall not
extend through the roof but shall be connected by a com-
municating hallway in the top story. All stairways shall have
solid risers securely fastened in place. When treads or land-
ings are of slate, marble, stone or composition, they shall be
suitably supported for their entire length and width. Treads
and landings shall be constructed and maintained in a manner
to prevent persons from slipping thereon.
II. Enclosures for Stairways. Every interior stair-
way constituting part of an exit way from a place of assembly
shall be enclosed with partitions having a fire resistance rating
of not less than two hours, provided that in existing build-
ings the enclosure shall have a fire resistance rating of not
less than one hour.
III. Width of Stairways and Connecting Passage-
ways. The aggregate width of exit stairways in any story
shall be not less than at the rate of twenty-two inches for
every one hundred persons to be accommodated by such stair-
way. The minimum width shall be thirty-six inches. The
hallway or corridor connecting a stairway with the exit doors
leading to the street, or to a court or open space communi-
cating with a street, shall have a clear width of not less than
the aggregate required widths of stairways served thereby.
IV. Treads and Risers. Risers shall not exceed seven
and three-quarters inches in height, and treads, exclusive of
1943] Chapter 153 221
nosing, shall be not less than nine and one-half inches wide.
Treads and risers shall be of uniform width and height in any
one story. The use of winders is prohibited in required stair-
ways.
V. Ramps used as required exit ways shall have a
gradient not exceeding one foot in ten.
VI. No place of assembly shall be allowed above the
third floor in any frame building.
VII. All exterior stairways shall be constructed of non-
combustible material, except that wooden construction may be
permitted on existing buildings occupied by places of assembly
on the second floor where the stairway extends at right angles
to the building wall, or there are no openings below or within
ten feet of the stairway.
15. Ash Trays. Where smoking is permitted, there shall
be provided on each table and at other convenient places suit-
able non-combustible ash trays or match receivers.
16. Fire Appliances.
I. The licensing agency shall survey, or cause to be
surveyed, each place of assembly and shall designate suitable
fire appliances in and near boiler rooms, kitchens, storage
rooms and other occupied areas where such appliances are
deemed to be needed. Such fire appliances may consist of
automatic alarm systems, automatic sprinklers, standpipe and
hose or portable extinguishers.
II. All fire appliances shall be kept in working condi-
tion; all extinguishers and hose and similar appliances shall
be visible and handy at all times. It shall be the duty of the
owner and the occupant of each building, or part of a build-
ing, occupied as a place of assembly to properly train sufficient
regular employees in the use of fire appliances that such
appliances can be quickly put in operation.
17. Inspection by Licensing Agency. The licensing agency
shall inspect, or cause to be inspected, each place of assembly.
Such inspection shall be at least semi-annually and at such
times, including time of occupancy and use, as to assure
compliance with these regulations and such orders as may be
issued in connection with the maintenance of aisle space, the
prevention of overcrowding, the use of decorations, the main-
tenance of exits, collapse of revolving doors, and the mainte-
nance of fire appliances. Where conditions are unsatisfactory,
written orders for immediate correction shall be given.
222 Chapter 154 [1943
18. Appeal. Every person aggrieved by any decision of
such inspectors or licensing agency may appeal therefrom to
the superior court. Any justice of the court, in term time or
vacation, upon reasonable notice, may inquire into the facts
by a committee or otherwise and affirm or overrule the order
appealed from; and may make such further orders as justice
may require.
19. Placard Indicating Capacity. A placard indicating the
capacity of any room in number of occupants, other than em-
ployees, shall be displayed in a prominent place. Licensee shall
not permit congregation or assembly of persons in excess of
the indicated capacity.
20. Enforcement. The law enforcing authorities of the
state, counties or any city or town, are authorized to prosecute
any violations of this act.
21. Conflict. When, in any specific case, different pro-
visions of this act shall conflict with other state or municipal
regulations, the most restrictive requirements shall govern.
22. Penalty. Every person who shall let or use any build-
ing for the purposes specified in this act after required per-
mit has been denied or rescinded, or anyone violating any
provisions of this act, shall be fined not more than five hun-
dred dollars, or imprisoned not more than six months, or both.
23. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 154.
AN ACT RELATIVE TO DUTIES OP THE STATE PLANNING AND
DEVELOPMENT COMMISSION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Planning and Development Commission. Amend
chapter 27 of the Revised Laws by inserting after section 42
the following new section: 42-a. Ski Traffic. The commis-
sion is authorized and directed to confer and cooperate with
agencies interested in the problem of the control of ski traffic,
to study such problem and make recommendations from time
to time to the legislature, and to serve in an advisory capacity
1943] Chapters 155, 156 223
on all ski developments, when requested to do so. The commis-
sion is further authorized to appoint an advisory committee to
assist in the studies outlined herein, provided that no person
appointed on such a committee shall be entitled to compensa-
tion or expenses from the commission.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 155.
AN ACT RELATIVE TO MT. SUNAPEE TRAMWAY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation Extended. The appropriation made for
the construction of a tramway on Mt. Sunapee in the town of
Newbury, as provided by chapter 190 of the Laws of 1941,
shall not lapse but shall be made available for the purposes of
said act until June 30, 1945. The time for undertaking the
construction of said tramway project shall be left to the sole
discretion and judgment of the governor and council.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 156.
AN ACT PROVIDING FOR THE PURCHASE OF CERTAIN LAND IN THE
TOWN OF CONWAY.
Be it enacted by the Senate and HoTise of Representatives in
General Court convened:
1. Purchase Authorized. The governor and council may
acquire by purchase or otherwise, as hereinafter provided, for
public recreational and park purposes a tract of seventy acres
more or less of land surrounding Echo Lake and extending to
the East Side road, so called, in the town of Conway.
2. Eminent Domain. If the governor and council for the
purposes aforesaid deem it desirable or necessary to acquire
224 Chapter 157 [1943
such real estate by eminent domain proceedings, said real
estate shall be acquired under the procedure provided in sec-
tions 24 to 33 of chapter 27 of the Revised Laws.
3. Appropriation; Contingency. A sum of not exceeding
five thousand seven hundred and fifty dollars is hereby appro-
priated for the purpose of paying one-half the cost of
acquisition specified in section 1, provided that said appro-
priation shall not be available until there is raised by sub-
scriptions of interested persons or made available from other
private or public sources a like sum for the same purpose.
Sums so subscribed and otherwise made available shall be
paid to and kept by the state treasurer in a separate account
in the state treasury 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.
4. Maintenance. The real estate acquired according to the
provisions thereof shall be maintained under the supervision
of the forestry and recreation commission.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 157.
AN ACT RELATIVE TO DISINTERMENT OF DEAD HUMAN BODIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Disinterment. Amend section 51 of chapter 168 of the
Revised Laws by striking out the same and inserting in place
thereof the following: 51. Required. No interment of the
dead body of a human being, nor disposition thereof in a
tomb or vault, shall be made without a permit, nor otherwise
than in accordance with it. No disinterment, except as
otherwise herein provided, of the dead body of a human being
shall be made without a permit therefor from the state board
of health, countersigned by the local health officer, nor other-
wise than in accordance with such permit. Such disinterment
permit shall not be required for removal of such dead body
1943] Chapter 158 225
from a tomb or vault for the purpose of burial, for reinter-
ment of dead bodies after discontinuance of a public cemetery,
as provided in sections 9 and 10 of chapter 68 of the Revised
Laws, nor in case where an autopsy has been ordered by a
county solicitor or the attorney general. No person shall
assist in, assent to or allow, an interment or disinterment to
be made until a permit has been obtained as provided in this
section. Any person who shall violate the provisions of this
section relative to disinterment shall be punished as provided
in section 15, chapter 442, of the Revised Laws.
2. Penalties. Amend section 15 of chapter 442 of the
Revised Laws by striking out the same and inserting in place
thereof the following: 15. Disinterments. If any person,
except as otherwise provided in section 51 of chapter 168 of
the Revised Laws, shall dig up, remove or carry away any
human body or the remains thereof, or shall conceal the same,
knowing it to have been illegally dug up, he shall be im-
prisoned not more than one year, or fined not more than two
thousand dollars, or both.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 158.*
AN ACT RELATING TO A STATE FISH AND GAME REFUGE ON THE
BEAR BROOK AREA.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Fish and Game Refuges. Amend chapter 246 of
the Revised Laws by inserting after section 12 the following
new section: 12-a. Bear Brook State Game Refuge. The
limitations as to the area within refuges on publicly owned
lands and as to distances between refuges as provided for in
section 11 of this chapter shall not prohibit the establishment
of a game refuge on the Bear Brook area so-called in the
towns of Allenstown, Ueerfield, Candia and Hooksett now in
process of transfer from the United States to tlie state of
* See also chapter 44, ante.
226 Chapter 159 [1943
New Hampshire for public park, recreational and conservation
purposes, provided that not less than two thousand acres
within the boundaries of the area under transfer to the state
shall be open to deer hunting and that all of said area shall
be open to fishing in accordance with the laws of this state.
If such a refuge is established, the expense of policing the
refuge shall be assumed by the director.
2. Takes Effect. This act shall take eff'ect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 159.
AN ACT RELATIVE TO THE LIMITATION ON APPROPRIATIONS IN
TOWNS ADOPTING THE MUNICIPAL BUDGET LAW.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Municipal Budget Law. Amend section 4 of chapter 52
of the Revised Laws, as amended by chapter 80 of the Laws
of 1943, by striking out the words "the total amount appro-
priated for any one item shall not exceed by more than ten
per cent the total amount specified in the budget for said
item" so that said section as amended shall read as follows:
4. Limitation. So long as the provisions of this chapter
shall remain in force in any town the total amount appro-
priated at any annual meeting shall not exceed by more than
ten per cent the total amount specified in the budget for said
meeting, 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 unfavorably. Money may be raised and appro-
priated for such items, but not to an amount which would in-
crease 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 May 5, 1943.]
1943] Chapter 160 227
CHAPTER 160.
AN ACT RELATING TO CAPITAL RESERVE FUNDS OF TOWNS,
DISTRICTS, WATER DEPARTMENTS, AND COUNTIES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Establishment of Reserves Authorized. Any town,
village district, or county, as provided by section 2, may raise
and appropriate money for the establishment of a capital re-
serve fund for the financing of all or part of the cost of (a)
the construction, reconstruction or acquisition of a specific
capital improvement, or the acquisition of a specific item or
specific items of equipment, or (b) the construction, recon-
struction, or acquisition of a type of capital improvement or
the acquisition of a type of equipment.
2. Meetings. Except as provided in section 5, the author-
ity granted by section 1 shall be exercised only by a majority
vote of the legal voters present and voting at an annual meet-
ing, in the case of a town or village district, or by majority
vote of the county delegation, in the case of a county. The
warrant for a town or village district meeting, to consider the
establishment of such a reserve, shall include an article dis-
tinctly stating the purposes for which such reserve is to be
established.
3. Exception. The authority hereby granted shall not be
exercised by any city, except as may be necessary in con-
nection with the authority granted by section 5. •
4. Payments into Fund. There may be paid into any such
capital reserve fund, except as provided in section 5, such
amounts as may from time to time be raised and appropriated
therefor, within the limits as provided in section 6, and any
such town, district or county may also vote to transfer to
said fund, under a proper article in the warrant in the case
of a town or district, any of its unencumbered surplus funds
remaining on hand at the end of any fiscal year.
5. Water Departments. Any water works department of
a city or town, organized by general law or special act of the
legislature and financed principally by water rentals, may, by
unanimous vote of the members of its water board or commis-
sioners charged with the administration thereof, establish a
capital reserve fund for said department for the purposes as
228 Chapter 160 [1943
provided in section 1. Such reserve shall be established only
from surplus from water rentals and no part thereof shall be
made from appropriations by said city or town.
6. Limitations on Appropriations. No town or village dis-
trict shall raise and appropriate in any one year for such
reserve an amount in excess of one tenth of one per cent of
the last assessed valuation of said towai or district ; no county
shall raise and appropriate for such reserve an amount in
excess of one hundredth of one per cent of the last assessed
valuation of said county.
7. Investment. The moneys in each such fund shall be
kept in a separate account and not intermingled with other
funds of said municipality. Said capital reserve fund 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 bonds, notes or other obligations of the
United States government, or in bonds or notes of this state
and when so invested the trustees hereinafter named shall
not be liable for the loss thereof. Any interest earned or
capital gains realized on the moneys so invested shall accrue
to and become a part of the fund. Deposits in banks shall be
made in the name of the town, district or county which holds
the same as a reserve, and it shall appear upon the book
thereof that the same is a capital reserve fund.
8. Trustees of Funds. The trustees of trust funds of a
town or city shall have custody of any capital reserve of a
town, district or water departments therein, and the county
treasurer of a county shall have custody of any capital re-
serve of his county. Said trustees or treasurer shall give
bond in such amount and in such form as the state tax com-
mission shall prescribe, and any such trustee or treasurer who
shall make any payment of income or principal from any such
capital reserve fund before the approval of his bond in writing
by the tax commission shall be personally liable to the town,
district, department or county for any loss resulting from
such payment, to be recovered for the town, district, depart-
ment or county at the suit of any citizen. The expenses of
said trustees or treasurer in said capacity and the expense of
their bonds shall be charged as incidental town, district, de-
partment or county charges.
9. Expenditures. Persons holding said capital reserve
1943] Chapter 160 229
funds in trust, as hereinbefore provided, shall hold the same
until such time as the town, district or county, in the manner
prescribed by section 2, shall have named trustees or agents
of the town, district or county to carry out the objects desig-
nated by said town, district or count3^ In the case of a
water works department, as provided in section 5, the water
board or commissioners thereof shall determine when ex-
penditures from said reserve shall be made. Expenditures
from said capital reserve funds shall be made only for or in
connection with the purposes for which said fund was estab-
lished, or as amended as provided by the next succeeding
section.
10. Change of Purpose. After the purpose for which a
capital reserve fund is established has been determined no
change shall be made in the purpose, for which said fund may
be expended unless and until such change has been author-
ized by a vote of two thirds of all the voters present and
voting at an annual town or district meeting, in the case of a
town or district, or by vote of two thirds of the entire
membership of a county delegation, in case of a county, or by
unanimous vote of the water board or commissioners of the
water department, in the case of a water works department,
as provided in section 5.
11. Audit; Records. The accounts of the persons holding
capital reserve funds shall be audited annually by the auditor
of the town, in the case of a town, district, or water works de-
partment, or by the tax commission, in the case of a county,
the securities shall be exhibited to said auditor or commission,
and said auditor or commission shall certify the facts found
by the audit and the list of all securities held. Said persons
holding said funds shall keep a record of all such capital re-
serve funds in a record book, which shall be open to the in-
spection of all persons of their town, district, or county
respectively.
12. Prohibition. No person holding in custody such
capital reserve fund shall make any payment of income or
principal or authorize the same to be done except in accord-
ance with the provisions hereof. Any person violating the
provisions of this section shall be fined not exceeding five
hundred dollars.
13. Takes Effect; Limitation. This act shall take effect
upon its passage, provided, however, that no appropriations
2-30 Chapter 161 [1943
for such capital reserves shall be made, nor shall any town,
district, water department or county transfer to any such
reserve any of its surplus funds, after July 1, 1945.
[Approved May 5, 1943.]
CHAPTER 161.
AN ACT CONCERNING LIENS OF FACTORS UPON MERCHANDISE OR
THE PROCEEDS THEREOF AND THE ASSIGNMENT OF
ACCOUNTS RECEIVABLE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Merchandise and Assignment of Accounts Receivable.
Amend the Revised Laws by inserting after chapter 262 the
following new chapter:
Chapter 262-A
Factors Liens
1. Factors Liens. If so provided by any written agree-
ment, all factors shall have a continuing general lien upon all
merchandise from time to time consigned to or pledged with
them, whether in their constructive, actual or exclusive
occupancy or possession or not, and upon any accounts re-
ceivable or other proceeds resulting from the sale or other
disposition of such merchandise, for all their loans and ad-
vances to or for the account of the person creating the lien
(hereinafter called the borrower), together with interest
thereon, and also for any commission, charges, and expenses
properly chargeable against or due from said borrower and
for the amount due upon any notes or other obligations given
to or received by them for or on account of any such loans
or advances, interest, commission, charges, and expenses,
and such lien shall be valid from the time of fihng the notice
hereinafter referred to, and whether such merchandise shall
be in existence at the time of the agreement creating the lien
or at the time of the filing such notice or shall come into
existence subsequently thereto or shall subsequently thereto
be acquired by the borrower; provided, there shall be placed
and maintained on the door or in a conspicuous place at the
1943] Chapter 161 231
main entrance of the store, loft or other premises in or at
which such merchandise, or any part thereof, shall be located,
kept or stored, a sign on which appears in legible English the
name of the factor and a designation of said factor as factor ;
and provided, further, that a notice of the lien is recorded, as
hereinafter provided, stating:
a. The name of the factor, the name under which the
factor does business, if an assumed name ; the principal place
of business of the factor within the state, or if he has no
place of business within the state, his principal place of busi-
ness outside of this state; and if the factor is a partnership
or association, the name of the partners, and if a corporation,
the state under whose laws it was organized.
b. The name of the borrower, and the interest of such
person in the merchandise, as far as known to the factor.
c. The general character of merchandise subject to the
lien, or which may become subject thereto, and the period of
time during which such loans or advances may be made
under the terms of the agreement providing for such loans oi
advances and for such lien. Amendments of the notice may
be recorded from time to time specifying any changes in the
information contained in the original or prior notices.
2. Record. Such notice must be verified under oath by
the factor or his agent, to the effect that the statements
therein contained are true to the best of his knowledge. It
must be recorded in the office of the town clerk where the
borrower resides, if the borrower is a resident of this state,
otherwise in the office of the town clerk where such merchan-
dise is located. The town clerk shall provide and maintain a
separate index for such notices which shall show in separate
columns the names of the parties named in each notice under
the head of "borrower" and "factor", the date when the same
was received for record and the general character of the
merchandise as therein stated. The names of the persons
creating the liens as stated in the notice shall be arranged in
alphabetical order under the head of "borrowers." Town
clerks shall receive ten cents for indexing each such notice
in addition to the regular fee for recording.
3. Effect of Record. Such notice may be recorded at any
time after the making of the agreement and shall be effectual
232 Chapter 161 [1943
from the time of the recording thereof as against all claims of
creditors in or against such merchandise thereafter arising,
except any common-law or statutory liens of processors,
mechanics, artisans, or others, subsequently attaching to such
merchandise by reason of work or services rendered thereon,
and also except any common-law or statutory liens in favor
of any third party upon or in such merchandise which were
duly recorded or were otherwise valid against the factor and
in existence at the time of the recording of the notice.
4. Discharge. Upon the payment or satisfaction of in-
debtedness secured by any lien specified in this chapter, the
factor or his legal representative, upon the request of any
person interested in the said merchandise, must sign and
acknowledge a certificate setting forth such payment or satis-
faction. The town clerk or clerks with whom the notice of
lien is recorded must, on receipt of such certificate, record the
same and write the word "discharged" or "partially dis-
charged", as the case may be, in the index book where the
notice of lien is entered, opposite the entry thereof and of
each amendment thereof, and the lien is thereby discharged.
He shall record the certificate itself, or make a reference to
the record thereof, in the margin of the record of the original
notice. All notices of liens recorded pursuant to this chapter
and not satisfied by recording a certificate setting forth pay-
ment or satisfaction thereof shall be deemed to be and remain
in full force and effect under this chapter without further or
other recording.
5. Lien on Bills Receivable. If any agreement provides for
a right to or lien upon accounts receivable or other proceeds
arising out of the performance of work, labor or services or
resulting from or which may result from a sale or sales of
merchandise, whether or not such merchandise or a part
thereof is subject to the lien, such right or lien upon such
accounts receivable or the proceeds shall not be void or
ineffectual as against creditors or otherwise by reason of
failure to make or deliver a further assignment of any such
account; provided, a bill, invoice, statement or notice shall be
mailed, sent or delivered to the person owing such account
receivable stating in substance that the account is payable to
the factor, and such mailing, sending or delivery of such bill
1943] Chapter 161 233
invoice, statement or notice shall have the same effect as a
formal assignment of such account to the factor named there-
in; provided, however, that the making and delivery of any
such further or formal assignment shall, in and of itself, give
to the factor a right to or lien upon the account receivable
assigned and to the proceeds thereof, effectual as against all
claims of creditors of the assignor, irrespective of whether or
not such bill, invoice, statement or notice shall be mailed, sent
or delivered to the person owing such account receivable
stating in substance that the account is payable to the factor.
If merchandise sold, or any part thereof, is returned to or
recovered by the assignor from the person owing the account
receivable and is thereafter dealt with by him as his own
property, or if the assignor grants credits, allowances or
adjustments to the person owing an account receivable, the
right to or lien of the factor upon any balance remaining
owing on such account receivable and his right to or lien upon
any other account receivable assigned to him shall not be in-
validated, irrespective of whether the factor shall have con-
sented to the acts of the assignor.
6. Common Law Lien. When any factor, or any third
party for the account of any such factor, shall have possession
of goods and merchandise, such factor shall have a continu-
ing general lien, as set forth in section 1 of this chapter, with-
out recording the notice and posting the sign provided for in
this chapter.
7. Construction. This act is to be construed liberally to
secure the beneficial interest and purposes thereof. A sub-
stantial compliance with its several provisions shall be
sufficient for the validity of a lien and to give jurisdiction to
the courts to enforce the same. Nothing in this chapter shall
be construed as affecting or limiting any existing or future
lien at common law or any rights at common law, or any right
given by any other statute or provision of the Revised Laws.
8. Application. As to any transaction falling within the
provisions both of this chapter and of any other law requiring
filing or recording, notice, consent, or formalities of execution,
the factor shall not be required to comply with both, but by
complying with the provisions of either, at his election, may
have the protection given by the law complied with.
234 Chapter 162 [1943
9. Definitions. The terms "factor" and "factors" where-
ever used in this chapter include banks or other persons,
firms, and corporations, and their successors in interest, en-
gaged in whole or in part in the business of factoring or
financing purchases, manufacture or sales of merchandise or
of purchasing or lending on the security of receivables arising
out of such sales who, as part of or incidental to such business,
lend upon the security of merchandise, and any consignee or
consignees, pledgee or pledgees, who advance money on
merchandise consigned to or pledged with them, whether or
not such consignees or pledgees are employed to sell such
merchandise, and their successors in interest.
The term "merchandise" wherever used in this chapter
shall mean any and all goods, wares and merchandise, raw,
wrought or in process.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 162.
AN ACT RELATING TO POWERS OF ATTORNEY BY PERSONS IN
MILITARY SERVICE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Powers of Attorney by Persons in Military Service.
Amend chapter 383 of the Revised Laws by inserting at the
end thereof the following new section: 5. Death of Prin-
cipal, Effect of. No agency created by a power of attorney in
writing given by a principal who is in the military service of
the United States, whether a member of the army of the
United States, the United States navy, the marine corps, the
coast guard, or otherwise detailed for duty with the armed
forces of the United States, or given by a principal sub-
sequently entering such service, shall be revoked or termi-
nated by the death of the principal while in such service, as
to one who without notice of such death, in good faith and
under circumstances repelling the imputation of fraud or
1943] Chapter 163 235
negligence, deals with the agent of such principal, believing
upon good reason that the agency still exists.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 163.
AN ACT RELATIVE TO LEGAL INVESTMENTS FOR SAVINGS BANKS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Securities of Domestic Casualty Insurance Companies.
Amend paragraph XIV of section 12 of chapter 310 of the
Revised Laws by striking out said paragraph and inserting
in place thereof the following: XIV. New Hampshire Com-
panies. A. The bonds or notes of any company engaged
in manufacturing in this state with a net worth of not less
than two hundred and fifty thousand dollars, provided that
the company has earned in at least four of the five years next
preceding such investment net income of not less than twice
the interest upon the obligations in question and all other
obligations of corresponding or prior lien. B. The stock or
certificates of interest in any such company provided that the
company has earned in four of the five years next preceding
such investment net income available for dividends on the
entire outstanding issue of the stock in question of at least
four per cent. C. The stock or certificates of interest in any
fire insurance company organized under the laws of and en-
gaged in business in this state with a capital stock of not less
than one million dollars and an unimpaired surplus of not less
than five hundred thousand dollars, provided that such com-
pany has earned in four of the five years next preceding such
investment net income available for dividends on the entire
outstanding issue of the stock in question of at least four per
cent. D. The stock or certificates of interest in any casualty
insurance company organized under the laws of and engaged
in business in this state with a capital stock of not less than
five hundred thousand dollars and an unimpaired surplus of
not less than five hundred thousand dollars, provided that such
236 Chapter 164 [1943
company has earned in four of the five years next preceding
such investment, net income available for dividends on the en-
tire outstanding issues of stock in question, of at least four
per cent per annum. Not exceeding two per cent of the de-
posits shall be invested under the provisions of this paragraph,
and no bank shall hold more than five per cent of the outstand-
ing stock of any such company.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 164.
AN ACT TO PROVIDE FULL RECIPROCAL PRIVILEGES IN THE
OPERATION OF MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Operation Without Registration, Reciprocity. A motor
vehicle, trailer or semi-trailer owned by a non-resident 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 highways of this state without registration under this
chapter to the extent, as to period of operation and otherwise,
that the state, district or country of registration grants sub-
stantially similar privileges in the case of such vehicles owned
by residents of this state and registered under its laws. The
commissioner shall determine whether privileges granted by
such states, districts or countries are substantially similar to
those granted by this state and his determination shall be
final.
2. Laws Suspended. During the time this act is in effect
the provisions of sections 30, 31, 32, 33, 34, 35 and 38 of chap-
ter 116 of the Revised Laws, relative to operation of motor
vehicles, trailers and semi-trailers by nonresidents, are here-
by suspended, in so far as the provisions thereof may be in-
consistent with the provisions of section 1 of this act.
3. Takes Effect. This act shall take effect upon its
passage and shall be in effect until March 31, 1945.
[Approved May 5, 1943.]
1943] Chapters 165, 166 237
CHAPTER 165.
AN ACT RELATING TO THE ACQUISITION OF CERTAIN LAND ON
LONG ISLAND IN THE TOWN OF MOULTONBOROUGH.
Be it enacted by the Senate and House of Representatives in
Ge7ieral Court convened:
1. Long Island Recreational Area. Amend section 3 of
chapter 191 of the Laws of 1939, as amended by section 2 of
chapter 72 of the Laws of 1941, by striking out said section
and inserting in place thereof the following: 3. Appro-
priation. The sum of three thousand dollars, or so much
thereof as may be necessary, is hereby appropriated for the
purpose of paying damages assessed in connection with the
acquisition by the state of the recreational area on Long
Island in the town of Moultonborough, as provided in section 1.
No payment shall be made to the town of Moultonborough,
from said appropriation, for any interest said town may have
in the real estate acquired under the authority of this chapter.
The appropriation made hereunder shall not lapse but shall be
available for the purposes hereof until final determination of
the eminent domain proceedings hereunder begun. The gov-
ernor is hereby authorized to draw his warrant for the sum
hereby appropriated, or such part thereof as may be necessary
for the purposes hereof, out of any money in the treasury not
otherwise appropriated.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 6, 1943.]
CHAPTER 166.
AN ACT GOVERNING MEDICAL SERVICE CORPORATIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Medical Service Corporations. Amend the Revised
Laws by inserting after cliapter 334 tlie following new
chapter :
238 Chapter 166 [1948
Chapter 334-A
Medical Service Corporations
1. Definition. A medical service corporation is defined as
a non-profit sharing corporation without capital stock organ-
ized under the laws of the state for the purpose of establish-
ing, maintaining and operating a non-profit medical service
plan whereby medical service may be provided at the expense
of said corporation by physicians to subscribers to said plan
under contract entitling such subscribers to certain medical
service. A non-profit medical service plan is any plan or
arrangement operated by a medical service corporation under
the provisions of this chapter, and whereby the expense of
medical service to subscribers and other covered dependents is
paid by the corporation to participating physicians of such
plans or arrangements. A subscriber is a person to whom a
subscription certificate is issued by the corporation and which
sets forth the kinds and extent of medical services for
which the corporation is liable to make payment and which
constitutes the contract between the subscriber and the
corporation. A covered dependent is the spouse, an adult de-
pendent or a child or an adopted child of the subscriber who
is named in the subscription certificate issued to the sub-
scriber and with respect to whom appropriate premium is
specified in the certificate. A participating physician is any
physician duly licensed to practice medicine in the state of
New Hampshire pursuant to chapter 250 of the Revised Laws,
who agrees in writing with the corporation to perform the
medical services specified in the subscription certificates
issued by the corporation and at such rates of compensation
as shall be determined by its board of trustees and who agrees
to abide by the by-laws, rules and regulations of the corpo-
ration applicable to participating physicians. Medical service
includes all general and special medical services ordinarily
provided by such licensed physicians in accordance with the
accepted practices of the community at the time the service
is rendered, unless payment by such subscriber or his covered
dependent for special services is provided for in the sub-
scription certificate. Every such corporation shall be gov-
erned by this chapter and shall be exempt from the provisions
of the insurance law of the state except in so far as herein
specifically provided.
1943] Chapter 166 239
2. Incorporation. Persons desiring to form a medical
service corporation may incorporate under the provisions of
chapter 272 of the Revised Laws, but subject to the following
provisions :
I. Approval of Insurance Commissioner. The certifi-
cate of incorporation of each such corporation shall have en-
dorsed thereon or attached thereto the consent of the insur-
ance commissioner, if he finds the same to be in accordance
with this chapter.
II, Purposes. Said certificate shall include a state-
ment of the territory in which the corporation will operate
and a statement of the purposes of such corporation.
3. License to Medical Service Corporation.
I. Requirement. No medical service corporation
organized under the laws of this state shall do business unless
it has obtained a license from the insurance commissioner,
II. Restriction. No medical service corporation
organized under the laws of any other state or country shall
be licensed to do business in this state. No license shall be
issued to any medical service corporation until evidence is
furnished the insurance commissioner that at least fifty per
cent of the eligible physicians in New Hampshire, or the
area in which the corporation operates, are participating
physicians,
III, Information, Before a license is granted to a
corporation it shall file with the commissioner a full state-
ment under oath of its president and secretary showing its
financial standing and such other information in relation to
its condition as may be required by the commissioner,
IV, License, On compliance with the foregoing con-
dition, and if the corporation is found upon an examination
made by or under the direction of the commissioner to have
complied with the laws of the state applicable to it, and is
deemed by the commissioner to be safe, reliable and entitled _
to public confidence, and upon payment of a license fee of five
dollars, a license to transact medical service as specified herein
shall be issued until April first thereafter, and annually there-
after on April first such license may be renewed upon pay-
ment of five dollars so long as the corporation shall comply
with the law and the commissioner shall regard it as safe, re-
liable and entitled to public confidence. Any such license or
240 Chapter 166 [1943
any renewal thereof unless surrendered or revoked shall ex-
pire on April first next after its issue.
4. License to Agents.
I. License Required. The president and secretary of
any such corporation or any person who shall act or aid in
any manner in the negotiation of, or shall solicit or receive
any risk or application for medical service contracts, and shall
receive money or value for the services they perform, shall
be required to procure a license from the insurance commis-
sioner.
II. License. Upon written notice by a medical service
corporation licensed to do business in this state of its appoint-
ment of a person to act as its agent herein, the insurance com-
missioner shall, if he is first satisfied that the appointee is a
suitable person and intends to hold himself out in good faith
as an agent, upon payment of two dollars by the applicant,
issue to the appointee a license, which shall state in substance
that the corporation is authorized to do business in this state
for the purposes set forth in said license. Such license shall
be limited to the solicitation of medical service business.
III. Eligibility as Agent. Only legal residents of this
state shall be eligible to receive licenses as medical service
corporation agents.
IV. Renewals. A license previously issued may be re-
newed upon application of the medical service corporation up-
on payment of two dollars.
V. Revocation. The commissioner may at any time
after the granting of such license, for cause shown and after
notice and hearing, determine such licensee to be unsuitable
to act as such agent, and shall thereupon revoke such license
and notify both the corporation and the agent of such re-
vocation.
VI. Expiration. Unless revoked by the commissioner,
, or unless the corporation by written notice to the commis-
sioner cancels the agent's authority to act for it, such license
issued to an agent, or any renewal thereof, shall expire on
March thirty-first next after its issue.
VII. Acting Without License. If a person shall act
or aid in any manner in the negotiation of medical service
contracts, or shall solicit or receive any risk or application for
such service, without a license from the commissioner, or it
1943] Chapter 166 241
the license granted to him or to the corporation for which he
acts as agent has been revoked, he shall be fined not more
than two hundred dollars, but any contract issued on an appli-
cation thus procured shall bind the corporation if otherwise
valid. The provisions of this section shall not apply to any
office employee of the corporation, or to any person rendering
their services without compensation therefor.
5. Form of Contract. Every contract with subscriber
shall be in writing and a copy thereof furnished to each sub-
scriber. Further, such contract shall contain the following
provisions :
(1) A statement of the amount payable to the corpo-
ration by the subscriber and the manner in which such
amount is payable.
(2) A statement of the nature of the services to be
furnished and the period during which they will be furnished,
and if there are any services to be excepted a detailed state-
ment of such exceptions shall be printed with the same promi-
nence as the benefits to which they apply.
(3) A statement of terms and conditions upon which the
contract may be cancelled or otherwise terminated at the
option of either party.
(4) A statement that the contract includes the endorse-
ments thereon and attached papers, if any, and contains the
entire contract.
(5) A statement that no statement by the subscriber in
his application for a contract shall void the contract or be
issued in any legal proceeding thereunder, unless such appli-
cation or an exact copy thereof is included in or attached to
such contract.
(6) A statement of the period of grace which will be
allowed the subscriber for making any payment due under the
contract. Such period shall not be less than ten days.
(7) A statement that all benefits payable shall be paid
to the participating physicians except those in reimburse-
ment of payments made by the subscriber to a physician and
for which the corporation was liable at the time of payment.
(8) Every such contract shall be executed by such
officers of the corporation and in such manner as may be re-
quired by the insurance commissioner before it shall become
effective.
242 Chapter 166 [1943
6. Rates and Contracts to be Approved. No such corpo-
ration shall enter into any contract with subscribers unless
and until it shall have filed with the insurance commissioner
of the state a full schedule of rates to be paid by the sub-
scribers and shall have obtained the said commissioner's
approval. The commissioner may refuse such approval if he
finds such rates are excessive, inadequate or discriminatory.
For the purpose of determining the proper rates to be charged
for such services, the commissioner may employ a competent
actuary who shall be paid by the corporation for which the
services are rendered. No medical service corporation shall
solicit subscribers or enter into any contract with any sub-
scriber until it has received from the insurance commissioner
a certificate of authority to do so. The insurance commis-
sioner shall, within a reasonable time after such certificate of
authority has been requested, notify such corporation of his
approval or disapproval.
7. Management. The board of directors or trustees of a
medical service corporation may consist of members of the
public, subscribers, and such persons as may be nominated by
the New Hampshire Medical Society. The approval of said
society shall be required for a majority of said directors or
trustees. No medical service corporation shall impose any
restrictions on physicians who administer to its subscribers
as to its methods of diagnosis or treatment. No officer, agent
or employee of a medical service corporation shall influence or
attempt to influence a subscriber or a covered dependent in his
choice of a participating physician. No medical service corpo-
ration shall be liable for injuries resulting from negligence,
malfeasance, nonfeasance or malpractice on the part of any
oflicer or employee or on the part of any physician in the
course of rendering medical services to subscribers. No
medical service corporation shall invest its funds otherwise
than as provided in chapter 328 of the Revised Laws relating
to the investments of domestic life insurance companies.
Every medical service corporation shall have the power to
contract with any hospital service corporation or with any in-
surance company approved by the insurance commissioner for
the performance by such hospital service corporation or by
such insurance company of any services necessary or in-
cidental to the carrying on of medical service, provided the
1943] Chapter 166 243
approval of the insurance commissioner therefor is obtained.
Nothing in this chapter shall be construed as preventing any-
non-profit hospital plan organized under the provisions of
chapter 334 of the Revised Laws from providing services in-
cidental to hospital care. Any medical plan operated by any
branch of the New Hampshire Medical Society in any county
in cooperation with the Farm Security Administration, shall
not be affected by this chapter until such time as a medical
service corporation is organized under this chapter and is
operating in such county for the benefit of subscribers.
8. Agreements with Paiticipating Physicians. Any
medical service corporation may enter into agreements with
eligible persons whereby such persons become participating
physicians of a plan operated by the corporation and may
make to such persons such payments as shall have accrued by
reason of services required to be performed under the plan
and performed on behalf of the corporation by such person.
No person shall become a participating physician unless he
shall be a physician holding a full license to practice medicine
in the state of New Hampshire pursuant to chapter 250 of the
Revised Laws. No payment for medical service shall be made
to any natural person except to a participating physician;
except that the corporation in case of emergency services may
reimburse any physician for services rendered in accordance
with the rates adopted by the board of trustees with respect
to participating physicians, provided that the physician would
be eligible to become a participating physician if in this state,
or, if residing without the state, was duly licensed to practice
medicine in the state where residing. Any medical service
corporation may enter into contracts for the payment of
medical services to the subscribers or members of similar non-
profit medical service corporations of other states subject to
the supervision of such other states, or of counties of this
state in which the corporation does not transact business, and
shall have the right to reimburse any other non-profit medical
service corporation or physicians of another state or of
counties of this state in which the corporation does not trans-
act business for services rendered to its subscribers and their
dependents at the same rate paid participating physicians
under the certificate of the subscriber. There shall be in-
cluded in the minutes of the board of trustees or directors of
244 Chapter 166 [1943
every such organization a record of the approval of payments
to be made to participating- physicians. The corporation shall
maintain in its office complete records of all medical services
rendered to subscribers and covered dependents in such form
as will include the kind of services rendered, the amounts
claimed for such services by the participating physicians and
the amount paid by the corporation. No payment to any
participating physician shall be authorized by the board of
trustees or board of directors except in accordance with a
plan of payments adopted by the board and^ recorded in the
minutes of the meeting.
9. Reports and Examinations. Every such corporation shall
annually, on or before the first day of March, file in the office
of the insurance commissioner of the state a statement, verified
by at least two of its principal officers, showing its condition
on the thirty-first day of December then next preceding,
which shall be in such form and contain such matters as said
commissioner shall prescribe. Examination of the financial
condition of each such corporation by the insurance commis-
sioner or his representatives shall be made annually. The in-
surance commissioner, or any deputy or examiner or any other
person whom he shall appoint, shall have the power of visita-
tion and examination into the aflfairs of any such corporation
and free access to all of the books, papers and documents that
relate to the business of the corporation, and may summon and
qualify witnesses under oath and examine its officers, agents
or employees or other persons in relation to the affairs, trans-
actions and condition of the corporation. All costs of such
examinations shall be paid by the corporation. All costs of
acquisition and of management activities shall be under the
supervision of the insurance commissioner.
10. Liquidation or Merger. Every such corporation shall
be subject to liquidation, dissolution or reorganization and
such proceeding shall be under the supervision of the in-
surance commissioner who shall have such powers hereunder
as he possesses in reference to domestic insurance corporations.
Any medical service corporation may merge with any other
medical service corporation or corporations of this state sub-
ject to the approval of the insurance commissioner.
11. Workmen's Compensation Law not Affected. No pro-
visions of this chapter or any contract for medical service by
1943] Chapters 167, 168 245
such corporation shall in any way affect the operation of
workmen's compensation laws of the state.
12. Fraternal Benefit Societies, etc. Fraternal benefit
societies and life or accident insurance companies are not
affected by this chapter.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 6, 19-13.]
CHAPTER 167.
AN ACT RELATIVE TO SUSPENSION OF OPERATOR'S LICENSE UNDER
THE FINANCIAL RESPONSIBILITY ACT.
Be it enacted by the Senate and House of Representatives by
General Court convened:
1. Motor Vehicle Liability Insurance. Amend chapter 122
of the Revised Laws by inserting after section 5* the follow-
ing new section: 5-a. Exception. The provisions of sec-
tion 5 relative to the suspension of licenses to operate shall
not apply to the license to operate of the owner of a motor
vehicle, trailer or semi-trailer involved in an accident when
said owner was not the operator of the vehicle at the time of
said accident provided said owner has furnished sufficient
security to satisfy any judgment or judgments for damages
resulting from such accident, within the limits required by
this chapter.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 7, 1943.]
CHAPTER 168.
AN ACT RELATING TO DISCHARGE OF LIENS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Conditional Sales, Personal Property. Amend chapter
262 of the Revised Laws by inserting after section 32 the
following new sections: 32-a. Discharge; Record. When
* See also chapter 85, ante.
246 Chapter 169 [1943
a conditional sale or lien note is satisfied the vendor, or
assignee thereof, shall give to the vendee a discharge thereof
in full and shall, within twenty days thereafter, cause said
discharge to be recorded in the town or city clerk's office
where said conditional sale or lien note is recorded; provided
that the provisions hereof shall not affect liens upon house-
hold goods created by a lease thereon containing an option in
favor of the lessee to purchase the same at a time specified,
which said liens are not recorded. 32-b. Penalty. Any
vendor, or assignee thereof, who shall violate any of the pro-
visions of the preceding section shall be fined not more than
ten dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 7, 1943.]
CHAPTER 169.
AN ACT RELATIVE TO FIREMEN'S AID.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Firemen's Aid Relief Fund. Amend chapter 325 of the
Revised Laws by inserting at the end thereof the following
new section: 72. Definitions. The word "fireman" as used
in this subdivision shall be construed to include any woman
member of such fire company and of such association and the
word "widow" as used therein shall be construed to include
the widower of any such woman member.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 7, 1943.]
1943] Chapter 170 247
*
CHAPTER 170.
AN ACT RELATIVE TO TEMPORARY ADDITIONAL COMPENSATION
FOR STATE EMPLOYEES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Additional Pay Temporarily Granted. In consideration
of the rising cost of food, clothing and other necessities all
permanent state employees and officials, other than the mem-
bers of boards, commissions or committees paid on a per diem
basis, regularly employed in the state service, are hereby
granted a temporary increase in pay to take effect July 1,
1943, and to continue for a period which shall terminate on
July 1, 1945, or six months after the termination of the exist-
ing war by the signing of a definite treaty of peace or by the
proclamation of the president of the United States that such
hostilities have ceased or that the war-time emergency no
longer exists, whichever time shall be first reached.
2. Amount of Temporary Increase. The temporary in-
crease in pay provided for by section 1 shall be computed
annually as five per cent of the annual salary, as provided in
section 3, plus seventy-five dollars, except that no person shall
receive as such annual increase a sum less than one hundred
and fifty dollars nor more than three hundred dollars. Said
temporary increase shall be paid as the regular salary is paid.
3. Basis for Figuring Increase. The temporary increases
in pay provided for by the preceding sections shall be based
on the salaries received on December 31, 1942, except as to
those who have received a substantial increase in salary to
cover the increased cost of living or to meet competitive
wages elsewhere since December 31, 1941. Any person who
has received such an increase shall only be entitled to the
difference between such increase and the increase to which he
would be entitled under this act. Any person who has been
promoted to a new position since December 31, 1941 shall be
entitled to the temporary pay increase based on the salary of
such new position.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved May 7, 1943.]
*See also chapters 205. 206, 207, 213 and 215, tost.
248 Chapters 171, 172 [1943
CHAPTER 171.
AN ACT RELATIVE TO AN APPROPRIATION MADE FOR THE
CONSTRUCTION OF A REARING STATION FOR FISH AT
SUMMER BROOK IN OSSIPEE.
Be it enacted by the Semite and House of Representatives in
Genc'ixil Court convened:
1. Appropriation Extended. The appropriation provided
for by paragraph (f) of section 2 of chapter 181 of the Laws
of 1941, relative to the acquisition and construction of a rear-
ing station for fish at Summer Brook in Ossipee, or any
balance of said appropriation, shall not lapse but shall be
available for the purposes as stated in said paragraph at any
time prior to July 1, 1945.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 7, 1943.]
CHAPTER 172.
AN ACT RELATING TO THE TRANSPORTATION OF LIVESTOCK BY
MOTOR VEHICLE OVER THE PUBLIC HIGHWAYS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Transportation of Livestock. Amend chapter 230 of
the Revised Laws by adding thereto the following new sub-
division :
Transportation of Livestock by Motor Vehicle
7. Prohibition. No person, except a common carrier,
shall transport livestock in a motor vehicle upon any public
highway in this state without being licensed so to do as here-
inafter provided.
8. License. Upon application, the commissioner of agri-
culture may, if he is satisfied with the responsibility and
character of the applicant, issue a license to such applicant to
transport livestock by motor vehicle upon any public highway
in this state. Said license shall be issued without cost and
be for the current calendar year. It shall be carried by the
licensee or be in his motor vehicle when it is being used for
such transportation.
1943] Chapter 173 249
9. Bill of Sale. One so transporting livestock shall have
in his possession a bill of sale or other memorandum signed
by the vendor, owner or agent of the same, containing the
address of the owner or vendor, the date of sale or other
transaction involving the transfer of possession, the breed,
age, approximate weight and number of animals being trans-
ported.
10. Exception. There shall be excepted from the pro-
visions of sections 7 and 9, a farmer resident of the state
when engaged in the transportation in daylight of only his
own livestock.
11. Penalty. Any person violating the provisions of this
subdivision shall be fined not exceeding one thousand dollars,
or imprisoned not exceeding one year, or both.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 7, 1943.]
CHAPTER 173.
AN ACT RELATIVE TO POLL TAXES FOR PERSONS IN MILITARY
SERVICE AND EXEMPTION THEREFROM FOR VETERANS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Poll Tax Payments. Amend section 2 of chapter 73 of
the Revised Laws by striking out said section and inserting
in place thereof the following: 2. Veterans' Exemption.
Any veteran of any war in which the United States has been
engaged, or of the World War II, who shall present to the
selectmen or assessors of the town in which he lives, for in-
spection and record, his pension certificate awarding to him an
invalid pension of any amount, or an honorable discharge from
the service of the United States in such war, shall thereafter
be exempt from the levy of a poll tax.
2. Veterans. Amend section 4 of said chapter 73 by
striking out said section and inserting in place thereof the
following: 4. Disability Exemption; Definition. The select-
men of towns and the assessors of cities may in their dis-
cretion exempt any other veteran of any such war who is
disabled in consequence of such service, from paying a poll
250 Chapter 173 [1943
tax. The word "veteran" as used in this section and in
section 2 shall include those who were members of any branch
of the armed forces and also any woman's auxiliary service to
such armed forces the members of which were subject to and
under military law.
3. Present War. Amend section 5 of said chapter 73 by
striking out said section and inserting in place thereof the
following: 5. Military Service Exemption. Any person in the
military service during the World War II shall be exempt from
any poll, whether falling due prior to or during his period of
military service. The term "person in military service" as used
in this section 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, or
other branches of the armed forces, any woman's auxiliary
service to the armed forces, the members of which are subject
to and under military law, and officers of the public health
service detailed by proper authority for duty either with the
army or the navy. The term "military service" as used
herein shall signify federal service on active duty with any
branch of the service heretofore referred to, as well as train-
ing or education under the supervision of the United States
preliminary to induction into 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 herein shall in-
clude the time between the following dates: For persons in
active service May 23, 1941, it shall begin with that date; for
persons entering active service after May 23, 1941, with the
date of entering active service, and in each case shall end
with the date of discharge from active service or death while
in active service.
4. Takes Effect. The provisions of section 3 shall take
effect upon the passage of this act and the remaining pro-
visions of this act shall take effect as of April 1, 1944.
[Approved May 11, 1943.]
1943] Chapter 174 251
CHAPTER 174.
AN ACT RELATIVE TO EXEMPTION ON REAL ESTATE OF TOTALLY
DISABLED VETERANS.
Be it enacted by the Senate and House of Representatives by
General Court convened:
1. Veterans of Wars. Amend section 29 of chapter 73 of
the Revised Laws by striking- out said section and inserting
in place thereof the following: 29. 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 honor-
able 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, under oath, on blanks pre-
scribed by the state tax commission, showing that he and
his wife do not own property, exclusive of any bona fide en-
cumbrances thereon, to the value of five thousand dollars.
In case such soldier, sailor or marine shall satisfy the select-
men or assessors that he was prevented from filing said state-
ment through accident, mistake or misfortune, said selectmen
or assessors may receive such statement at a later date and
grant an exemption thereunder. If such soldier, sailor or
marine is totally disabled from such service connection he and
his wife or widow shall be exempt each year from taxation
upon his taxable property to the value of three thousand
dollars, provided he and his wife do not own property to the
value of five thousand dollars, as hereinbefore provided. 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 the exemption
limit in value of taxable property in the town where he
resides, he shall be entitled to take the balance of such
exemption in any other town in the state where he owns tax-
able property.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 11, 1943.]
252 Chapter 175 [1943
CHAPTER 175.
AN ACT PROVIDING FOR THE EQUITABLE APPORTIONMENT IN
CERTAIN CASES OF ESTATE TAXES AND THE COLLECTION
AND PAYMENT THEREOF.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Estate Taxes. Amend the Revised Laws by adding
after chapter 88 the following new chapter:
Chapter 88-A
Equitable Apportionment in Certain Cases of Estate Taxes
1. Apportionment of Taxes. Whenever it appears upon any-
accounting, or in any appropriate action or proceeding, that an
executor, administrator, trustee or other person acting in a
fiduciary capacity, has paid or may be required to pay a tax
levied or assessed under the provisions of chapter 88 of the
Revised Laws, or of any act in amendment thereof or in
addition thereto, or under the provisions of any estate tax
law of the United States heretofore or hereafter enacted upon
or with respect to any property except proceeds of life in-
surance which is neither a part of the gross estate, except
for such tax purpose, nor subject to the terms of the will, if
any, nor to the laws of the state which govern descent and
distribution of intestate property, the amount of the whole
tax less the per cent thereof which the value of the taxable
property in the estate bears to the value at the date of de-
cease of the property so added to the estate for tax purposes,
shall be collected from such included property, or from the
beneficiaries thereof in accord with their proportionate inter-
ests therein except in any case in which a testator otherwise
directs or provides in his will; provided, that it shall accord
with applicable estate tax laws of the United States where
such laws specify with respect to an apportionment; and pro-
vided that allowance shall be made for any exemptions granted
and deductions allowed by the act imposing the tax. In cases
in which a life estate, or any temporary interest, and re-
mainder are created in such property which is not a part of
the estate, except for such tax purpose, the tax shall be
charged against and be paid out of the corpus of such prop-
1943] Chapter 176 253
erty without apportionment between temporary estates and
remainders, unless the tax on such property is paid by the
beneficiaries thereof.
2. Recovery and Reimbursement. In all cases in which
any property so required to be included in the gross estate
for such tax purpose does not come into the possession of the
executor or administrator as such, he shall be entitled to re-
cover from whomever is in possession, or from the persons
interested in such property the amount of the tax charged
against such property as provided in section 1.
3. Jurisdiction of the Probate Court. The probate court
having jurisdiction of the estate of a decedent, or of any trust
or person affected by the provisions of this chapter, shall have
jurisdiction to hear and determine all questions arising under
the sections of this chapter, and to make apportionments and
prorations, determine the amount thereof and of reimburse-
ments, contributions and other payments therein provided for,
and by order or decree to direct the making of any such pay-
ments, and issue execution therefor, and to make such other
determinations, orders and decrees as may be required under
the provisions of this chapter, subject to appeal as in other
cases.
2. Takes Effect; Application. This act shall take effect
upon its passage, and shall be applicable to estates in which
estate and federal estate taxes have not been paid and to
estates of persons decedent subsequent to its passage.
[Approved May 11, 1943.]
CHAPTER 176.
AN ACT RELATIVE TO EMERGENCY APPROPRIATIONS.
Be it enacted by the Senate and House of Representatives in
Genei^al Court convened:
1. Authority Conferred.* In case the appropriations for
the ensuing biennium for any state institution or department
or for any war-time emergency should be insufficient for the
needs of such institution or department or for any war-time
activity essential to the welfare of the people or to meet any
additional cost incidental to the return to a peace-time pro-
* See also chapter 204, post, and pages 320, 350, posl.
254 Chapter 176 [1943
gram, the governor and council are hereby authorized to
provide for such necessities in an amount not to exceed two
hundred and fifty thousand dollars for each of the two years,
and the governor is hereby authorized to draw his warrants
for said sums out of any money in the treasury not otherwise
appropriated. The sums which may be allowed for any such
purpose shall be in addition to appropriations otherwise made
for such needs.
2. Bonds Authorized. The state treasurer 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
two hundred and fifty thousand dollars for each of the two
years, 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 gov-
ernor and council at the time of approval of the issue. The
maturity dates of such bonds and notes shall not be later than
December 31, 1954. Such bonds and notes shall be in such
form and such denominations and with such provisions for call
or redemption as the governor and council may determine,
may be registerable as to both principal and interest, and shall
be countersigned by the governor and shall be deemed a pledge
of the faith and credit of the state.
3. Short-Term Notes. Prior to the issuance of the bonds
hereunder, the treasurer, under the direction of the governor
and council, may for the purposes hereof borrow money from
time to time on short-term loans to be refunded by the
issuance of the bonds hereunder, provided however, that at no
one time shall the indebtedness of the state on such short-
term loans exceed the sum of two hundred fifty thousand
dollars.
4. Takes Effect. This act shall take effect July 1, 1943.
[Approved May 11, 1943.]
1943] Chapter 177 255
CHAPTER 177.
AN ACT RELATIVE TO LIGHTNING RODS.
Be it enacted by the Senate and Hoiise of Representatives in
General Court convened:
1. Prerequisites to License. Amend section 2 of chap-
ter 191 of the Revised Laws by striking out said section and
inserting in place thereof the following: 2. Prerequisites.
No such license shall be issued until the insurance commis-
sioner has approved of the material made by said manu-
facturer for the purpose of protecting from lightning and the
manner and system of installing such material. Said approval
shall be given only to those materials and systems of in-
stallation as have the prior approval of the Underwriters'
Laboratories, Inc., and for which they will furnish Master
Labels. Such approval shall not be given until the applicant
has filed a bond with the commissioner in the sum of five
thousand dollars to guarantee that all material so used and
the installation of said material shall have the approval of the
Underwriters' Laboratories, Inc., and in the event that said
installation does not meet with the approval of the Under-
writers' Laboratories, Inc., within ninety days from the com-
pletion of said installation, then said manufacturer forthwith
shall reimburse the owner for the cost of said installation,
including labor and materials; nor until the commissioner is
satisfied that the manufacturer has complied with such re-
quirements and is responsible and reliable as to assets, busi-
ness standing and practices and is entitled to confidence, nor
until said applicant has filed a written stipulation that legal
process affecting 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
this state.
2. Repeal. Section 3 of chapter 191 of the Revised Laws,
relative to guaranty agreements, is hereby repealed.
3. Bonds. Amend section 9 of chapter 191 of the Revised
Laws, by striking out said section and inserting in place
thereof the following: 9. Suit. Any property owner whose
property has been rodded under the provisions of this chapter
may bring suit within one year from the date of the com-
pletion of said installation in the name of the commissioner
256 Chapter 178 [1943
upon the bond herein provided, and have the same procedure
and remedies thereon, as in the case of bonds of county-
officers.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved May 11, 1943.]
CHAPTER 178.
AN ACT RELATING TO CHARGEABILITY OF ACCOUNTS IN UN-
EMPLOYMENT COMPENSATION.
Be it enacted by the Semite and House of Representatives in
General Court convened:
1. Unemployment Compensation Accounts. Amend sub-
section C of section 6 of chapter 218 of the Revised Laws by
striking out the whole of the same and inserting in place
thereof: C. SEPARATE Accounts. 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 individuals. 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 than [that] an individual after volun-
tarily leaving the employment of an employer, 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 employer, and benefits paid to
the individual shall be charged against the fund. Benefits
paid to an unemployed woman during the period of uninter-
rupted unemployment next ensuing after childbirth shall not
be charged to the last employer, but shall be charged against
the fund. Any charges which are made against the account
1943] Chapter 179 257
of any employer under this section, of which the employer
has been notified, shall be considered correct for all purposes
unless objections to such charges are received within six
months after such notification has been mailed to the em-
ployer'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.
If objections to such charges are received, any redetermi-
nation of the amounts charged against an employer's account,
of which the employer has been notified, shall be considered
correct for all purposes unless objections to such charges are
received within six months after such notification has been
mailed to the employer's last known address. The commis-
sioner shall, by general rules, prescribe the manner in which
benefits shall be charged against the accounts of several em-
ployers for whom an individual performed employment at the
same time.
[Approved May 11, 1943.]
CHAPTER 179.
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, 1943, to April 1, 1944, and from April 1, 1944,
to April 1, 1945, each county commissioner of the county of
Rockingham, in addition to the salary provided for by section
27* of chapter 47 of the Revised Laws shall be allowed and
paid by the county the sum of three hundred dollars, and the
commissioner of said county who serves as clerk of the board
shall for each of said periods receive an additional sum of one
hundred dollars.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 11, 1943.]
* See also chapters 119, 150, ante and chapters 195, 202, post.
258 Chapter 180 [1943
CHAPTER 180.
AN ACT RELATIVE TO SPECIAL FISH AND GAME LICENSES FOR
MEMBERS OF THE ARMED FORCES OF THE UNITED STATES.
Be it enacted by the Senate and Hoicse of Representatives in
General Court convened:
1. Fish and Game Licenses. Any resident of this state
who is a member of any branch of the armed forces of the
United States during the present war and who is on leave or
furlough may make application to the fish and game director
for a special license to hunt and fish during such periods as he
may be on leave or furlough. Such applicant shall submit
satisfactory evidence of his membership in such service of the
United States, and the director may, in his discretion, issue
to such applicant a special 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 Title XX of the Revised
Laws, except as otherwise provided in this section. Such
license shall have marked or stamped thereon the words
"resident war-time license." There shall be no fee for such a
license.
2. Nonresidents. Any nonresident who is a member of
any branch of the armed forces of the United States during
the present war who is quartered in the state or who is a guest
of a resident of this state while on leave or furlough may
make application for a war-time fish and game license as pro-
vided in the preceding section for residents, provided that
such license for a nonresident shall have marked or stamped
thereon the words "nonresident war-time license" and the fee
to be paid to the director for such license shall be two dollars
and fifty cents.
3. Termination of Licenses. Any license issued under the
provisions of this act shall terminate immediately upon the
termination of the service of the licensee in such armed
forces, and in any event any such license shall expire on Janu-
ary first next following its issuance.
4. Application of Laws. The provisions of Title XX of the
Revised Laws shall apply to persons holding licenses under
the provisions of this act, except as otherwise provided herein,
and such provisions of said title as may be inconsistent with
1943] Chapter 181 fi59
the provisions of this act are hereby suspended as to licensees
hereunder during the effective dates of this act.
5. Effective Dates. This act shall take effect June 1, 1943,
and be effective during the period of the present war and for
thirty days thereafter.
[Approved May 11, 1943.]
CHAPTER 181.
AN ACT ESTABLISHING A REGISTER OF PUBLIC TRUSTS.
Be it enacted by the Senate and House of Reiwesentatives in
General Court convened:
1. Office of the Attorney General. Amend chapter 24 of
the Revised Laws by inserting after section 13 the following
new subdivision:
Register of Public Trusts
13-a. Register Authorized. In addition to his common law
and statutory powers the attorney general shall have the
authority to prepare and maintain a register of all public
trusts heretofore or hereafter established or active in the
state.
13-b. Definition. The words "public trust" as used in this
subdivision shall mean any fiduciary relationship with respect
to property arising as a result of a manifestation of an in-
tention to create it and subjecting the person by whom the
property is held to equitable duties to deal with the property
for charitable or community purposes; provided, however,
that such trusts managed by persons not appointed by a court
shall not be considered public trusts within the meaning of
this subdivision.
13-c. Rules and Regulations. The attorney general shall
make such rules and regulations as may be reasonable or
necessary to secure records and other information for the
operation of the register and for the supervision, investiga-
tion and enforcement of public trusts.
13-d. Inspection of Register. The register hereby estab-
lished shall be open to the inspection of any person at such
reasonable times and for such legitimate purposes as the
attorney general may determine, provided, however, that the
260- Chapter 181 [1943
attorney general may by regulation provide that any in-
vestigation of public trusts made hereafter shall not be so
open to public inspection.
13-e. Investigation. The attorney general may investigate
at any time public trusts for the purpose of determining and
ascertaining whether they are administered in accordance
with law and with the terms and purposes thereof. For the
purposes of such investigation the attorney general may
require any person, agent, trustee, fiduciary, beneficiary, in-
stitution, association, corporation or political agency ad-
ministering a trust or having an interest therein, or
knowledge thereof, to appear at the state house at such time
and place as the attorney general may designate then and there
under oath to produce for the use of the attorney general any
and all books, memoranda, papers of whatever kind, documents
of title or other evidence of assets or liabilities which may
be in the ownership or possession or control of such person,
agent, trustee, fiduciary, beneficiary, institution, association,
corporation, or political agency and to furnish such other
available information relating to said trust as the attorney
general may require.
13-f. Notice to Attend. Whenever the attorney general
may require the attendance of any such person, agent,
trustee, fiduciary, beneficiary, institution, association, corpo-
ration or political agency, as provided in the preceding section,
he shall issue a notice setting the time and place when such
attendance is required and shall cause the same to be delivered
or sent by registered mail to such person, agent, trustee,
fiduciary, beneficiary, institution, association, corporation or
political agency at least fourteen days before the date fixed
in the notice for such attendance.
13-g. Penalty. If any person, agent, trustee, fiduciary,
beneficiary, institution, association, corporation or political
agency receiving such notice, neglects to attend or to remain
in attendance so long as may be necessary for the purposes
for which the notice was issued, or refuses to produce such
books, memoranda, papers of whatever kind, documents of
title or other evidence of assets or liabilities or to furnish such
available information as may be required, he shall be liable to
a penalty of one hundred dollars which shall be recovered by
the attorney general in an action of debt for the use of the
state.
1943] . Chapter 181 261
13-h. Testimonial Privilege. No person shall be excused
from testifying or from producing any book or paper in any
investigation or inquiry by or upon any hearing before the
attorney general, when ordered to do so by the attorney gen-
eral, upon the ground that the testimony or evidence, book or
document required of him may tend to incriminate him or
subject him to a penalty or forefeiture; but no person shall be
prosecuted, punished or subjected to any penalty or forfeiture
for or on account of any act, transaction, matter or thing con-
cerning which under oath, after claiming his privilege, he
shall by order of the attorney general have testified or pro-
duced documentary evidence,
13-i. Reports by Trustees of Public Trusts. Any fiduciary
holding property subject to equitable duties to deal with such
property for charitable or community purposes, excepting
fiduciaries not appointed by a court, shall annually, on or be-
fore July first, unless otherwise directed by the attorney gen-
eral, make to him a written report for the last preceding fiscal
year of such trust showing the property so held and ad-
ministered, the receipts and expenditures in connection there-
with, the names and addresses of the beneficiaries thereof and
such other information as he may require; provided, that if
such fiduciary is required by law or court order to file annually
with the probate court an account or report containing the in-
formation herein required, the attorney general shall accept
a copy thereof in lieu of the report herein required. Failure
for two successive years to file such a report shall constitute
a breach of trust and the attorney general shall take such
action as may be appropriate to compel compliance herewith.
13-j. Information from Register of Probate. Each
register of probate shall furnish such copies of papers and
such information as to the records and files in his office re-
lating to public trusts as the attorney general may require.
Such register shall also permit an examination of the files
and records in the probate office by representatives of the
attorney general for the purpose of establishing and main-
taining said register of public trusts. A refusal or neglect
by the register of probate so to send such copies or refuse such
information or to refuse access to the probate records relating
to public trusts shall be a breach of his official bond.
13-k. Fees. The fees of a register of probate for copies
262 Chapter 182 . [1943
of documents furnished at the request of the attorney general
shall be one dollar for each will, inventory or account not ex-
ceeding four full typewritten pages, eight by ten and one-half
inches, and twenty-five cents for each page in excess thereof,
and shall be paid by the attorney general.
13-1. Assistant Attorney General. The assistant attorney
general shall perform such service in connection with the en-
forcement of the provisions of this subdivision as the attorney
general may authorize or direct.
13-m. Clerks. The attorney general may employ and fix
the compensation of such clerks as may be necessary to carry
out the provisions of this subdivision.
13-n. Federal Assistance. The governor and council, upon
the request and recommendation of the attorney general, 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 funds or assistance for the
purpose of carrying out the provisions of this subdivision.
2. Appropriation. The sum of seven thousand five hun-
dred dollars for the fiscal year ending June 30, 1944, and the
sum of two thousand five hundred dollars for the fiscal year
ending June 30, 1945, are hereby appropriated for the pur-
poses of this act, for the use of the attorney general's depart-
ment, and the governor is hereby authorized to draw his
warrant for said sums out of any money in the treasury not
otherwise appropriated.
3. Takes Effect. This act shall take effect July 1, 1943.
[Approved May 11, 1943.]
CHAPTER 182.
AN ACT RELATIVE TO BONDS ON PUBLIC WORKS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Bonds on Public Works. Amend sections 26 and 27 of
chapter 264 of the Revised Laws by striking out all of said
sections and inserting in place thereof the following new
sections: 26. Bond Required. Officers, public boards,
agents or other persons who contract in behalf of the state
1943] Chapter 182 263
or any political subdivision thereof for the construction, re-
pair or rebuilding of public buildings, public highways, bridges
or other public works shall if said contract involves an ex-
penditure of ten thousand dollars, and may if it involves an
expenditure of less amount, obtain as a condition precedent to
the execution of the contract, sufficient security by bond or
otherwise, in an amount equal to at least eighty per cent of
the contract price, or of the estimated cost of the work if no
aggregate price is agreed upon, conditioned upon the payment
by the contractors and subcontractors for all labor performed
or furnished, for all equipment hired, including trucks, for all
material used and for fuels, lubricants, power, tools, hardware
and supplies purchased by said principal and used in carrying
out said contract, and for labor and parts furnished upon the
order of said contractor for the repair of equipment used in
carrying out said contract.
27. Notice. To obtain the benefit of the bond, any person,
firm or corporation having any claim for labor performed,
materials, machinery, tools or equipment furnished as afore-
said, shall within ninety days after said claimant ceases to
perform said labor or furnish said materials, machinery, tools
or equipment file in the ofiice of the secretary of state, if the
state is a contracting party, and with the state highway com-
missioner, if the state is a party to said contract by or through
said commissioner, or in the office of the clerk of the superior
court for the county within which the contract shall be
principally performed, if any political subdivision of the state
is a contracting party, a statement of the claim; a copy of
which shall forthwith be sent by mail by said secretary, com-
missioner or clerk of court to the principal and surety.
27-a. Petition and Hearing. Said claimant shall, within
one year after filing such claim, file a petition in the superior
court for the county within which the contract shall be
principally performed to enforce Jiis claim or intervene in a
petition already filed, with copy to the principal and surety,
and such further notice as the court may order. Such petition
shall contain allegation of the nature and subject matter of
the claim or contract or indebtedness relied upon, of the
execution and delivery of the bond, and of the facts showing
compliance by the claimant with the provisions of these
264 Chapter 183 [1943
sections relative to the filing of said claim. Subsequent plead-
ings may thereafter be filed by any party in interest for the
purpose of formulating issues under the direction of the court.
The court shall examine all claims which have been duly filed
in accordance herewith, and fix a date for hearing thereon
with notice to all creditors who have filed claims as herein
provided, and to the principal and surety or sureties, and find
the respective amounts due such party claimants and their
rights to participate in the security and make such orders and
decrees as justice may require. The court may require at any
hearing on said claims the attendance of any official with
whom claims have been filed, with such claims, or require
such official to furnish copy of such claims for the use of the
court.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 11, 1943.]
CHAPTER 183.
AN ACT RELATING TO VOTING QUALIFICATIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Voting Qualifications. Amend section 10 of chapter 31
of the Revised Laws by adding thereto the following; No
person shall be deemed to have gained or lost a residence by
reason of his presence or absence while employed in the
service of the United States, nor while engaged in the navi-
gation of the waters of the United States or of the high seas,
nor while a student of any seminary of learning, nor while
confined in any public prison or other penal institution, so that
as amended said section shall read : 10. Temporary Absence.
A residence acquired by any person in any town shall not be
interrupted or lost by a temporary absence therefrom, with
the intention of returning thereto as his home. No person
shall be deemed to have gained or lost a residence by reason
of his presence or absence while employed in the service of the
United States, nor while engaged in the navigation of the
waters of the United States or of the high seas, nor while a
1943] Chapter 184 265
student of any seminary of learning, nor while confined in any
public prison or other penal institution.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 11, 1943.]
CHAPTER 184.
AN ACT TO PROVIDE FOR THE ISSUANCE OF REFUNDING BONDS OF
THE STATE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Issuance of Refunding Bonds. For the purpose of re-
funding like principal amounts of bonds of the state which
are now outstanding and which mature or are subject to re-
demption before June 30, 1947, the state treasurer is hereby
authorized, under direction of the governor and council, to
issue from time to time refunding bonds of the state of New
Hampshire, such refunding bonds of each issue to bear in-
terest at a rate or rates less than the rate or rates now borne
by the bonds to be refunded, to mature at such time or times,
to be in such form, to be sold in such manner and at such price,
not less than par and accrued interest, and to be executed in
such manner, as may be determined by the governor and
council; provided, however, that no such issue of refunding
bonds shall be delivered more than one year prior to the
maturity or the date of redemption of the bonds to be re-
funded unless (a) the proceeds of such refunding bonds shall
be invested by the state treasurer in securities which con-
stitute direct obligations of, or obligations the principal and
interest of which are unconditionally guaranteed by, the
United States government and which have a maturity prior to
the maturity date or the redemption date of the bonds to be
refunded and (b) the premium paid to the state for such re-
funding bonds shall be in excess of (i) the additional interest
which the state will be required to pay during the period both
the bonds to be refunded and the new refunding bonds will be
outstanding and (ii) the premium which will be required to
purchase such government securities. The state treasurer
shall hold such investment in a separate fund for the bonds
266 Chapter 185 [1943
to be refunded and shall use the proceeds of such investment
in paying, either at the maturity date or dates or the re-
demption date, the bonds to be refunded. The holders of the
refunding bonds of each such issue shall be subrogated to all
the rights, powers and privileges of the holders of the bonds
refunded thereby.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 11, 1943.]
CHAPTER 185.
AN ACT MAKING APPROPRIATIONS FOR CAPITAL IMPROVEMENTS
AND LONG TERM REPAIRS FOR THE STATE OF
NEW HAMPSHIRE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation. The sum of four hundred ninety thou-
sand dollars is hereby appropriated, and the unexpended
balance of the sums appropriated by chapter 181 of the Laws
of 1941 amounting to one hundred five thousand five hundred
and forty dollars is hereby made available, 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.
(a) to provide for changes incidental to the
improvements made in the maintenance depart-
ments at the state hospital $4,750
(b) - to make improvements in the dairy and
hay barns to provide facilities for industrial
therapy quarters and vegetable storage at the
state hospital $11,200
(c) to make alterations to provide new kitchen
and dining room facilities in the administration
building at the state hospital $79,840
(d) to provide for improvements in the farm
buildings and the building of a henhouse on the
Russell Farm at the state hospital $25,500
(e) to provide for improvements in the farm
buildings on the White Farm at the state hospital $6,600
1943] Chapter 185 267
(f) to make repairs to the military garage in
Concord and to the armories in Berlin, Concord,
Dover, Keene, Manchester and Nashua $42,150
(g) to replace the fish screens of the fish and
game department at Highland and Squam Lakes
and to build a new screen at Northwood Lake . . . $2,100
(h) to enlarge the prisoners recreation room
at the state prison $4,900
(i) to make alterations to increase the
storage facilities in the state storage warehouse $25,000
( j ) to provide a new water supply system and
an addition to the sewage disposal plant at the
Laconia state school $61,000
(k) to repair the Wilkins Cottage and to make
alterations in the old administration building at
the state industrial school $7,000
(1) to alter the administration building at the
state sanatorium at Glencliff to provide quarters
for nurses, to improve the electrical distribution
system and to alter the dining room to provide
administration offices at said sanatorium $12,500
(m) to construct an adequate sewage disposal
system at the state sanatorium at Glencliff $35,000
(n) to provide for a new water supply and to
make alterations in the water supply system at the
state sanatorium at Glencliff $60,000
(o) to construct and equip a new hospital
building at the state sanatorium at Glencliff for the
accommodation of approximately ninety patients
and to provide operating facilities therein $200,000
(p) to purchase the Woodworth building, now
occupied by the state liquor commission $18,000
The appropriation hereby made and the other sums made
available for these projects shall be expended by the institu-
tions and departments referred to herein under the direction
of the governor and council and the work shall be done in
accordance with plans and specifications approved by said
governor and council.
2. Bonds or Notes Authorized. To provide funds for the
appropriation made in section 1 hereof, the state treasurer is
hereby authorized under the direction of the governor and
council to borrow upon the credit of the state not exceeding
268 Chapter 185 [1943
the sum of four hundred ninety thousand dollars, and for that
purpose, may issue bonds or notes in the name and on behalf
of the state of New Hampshire. The governor and council
shall determine the form of such bonds or notes, their rate of
interest, the dates when interest shall be paid, the dates of
maturity, the places where principal and interest shall be
paid and the time or times of issue. Such bonds or notes
shall be signed by the treasurer and countersigned by the
governor, and shall be deemed a pledge of the faith and credit
of the state. The proceeds of the sale of such bonds or notes
shall be held by the treasurer and paid out by him upon
warrants drawn by the governor for the purposes of this act
alone and the governor, with the advice and consent of the
council, shall draw his warrants for the payment from the
funds provided for herein of all sums expended or due for the
purposes herein authorized. Such bonds or notes may be
negotiated and sold by the treasurer by direction of the gov-
ernor and council as they deem to be most advantageous to the
state.
3. Accounts. The secretary of state shall keep an account
of all such bonds or notes countersigned by the governor,
showing the number and amount of each bond or note, the
time of countersigning, the date of delivery to the treasurer
and the date of maturity. The state treasurer shall keep an
account of each bond or note showing the number thereof, the
name of the person to whom sold, the amount received for the
same, the date of the sale and the date of maturity.
4. Short-Term Notes. Prior to the issuance of the bonds
or notes hereunder the treasurer, under the direction of the
governor and council, may for the purposes hereof borrow
money from time to time on short-term loans which may be
refunded by the issuance of the bonds or notes hereunder,
provided however that at no one time shall the indebtedness
of the state on such short-term loans exceed the sum of four
hundred ninety thousand dollars.
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 funds for the
purposes hereof.
6. Transfer of Funds. In the event any one of the
1943] Chapter 186 269
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 or if not so transferred may be used
for (a) the construction and equipment of an addition to
the Brown building at the state hospital to accommodate
approximately one hundred twenty patients and (b) further
alterations to the old administration building at the state in-
dustrial school or the construction and equipment of new
educational buildings at said school.
7. Appropriation Extended. The appropriation of the un-
expended balance of the amount appropriated by chapter 181
of the Laws of 1941 made available for the purposes hereof is
hereby extended so as to run for the same term as the amount
appropriated hereunder.
8. Takes Effect. This act shall take effect upon its
passage.
[Approved May 13, 1943.]
CHAPTER 186.
AN ACT RELATIVE TO EMPLOYMENT OF CERTAIN PERSONS DURING
WAR EMERGENCY.
Be it enacted by the Senate and House of Representatives in
Gene7'al Court convened:
1. Declaration of Necessity. It is hereby found and de-
clared that the national-defense program involves a great
increase in the number of workers in already established
manufacturing centers; that there are persons who, because
of certain known defects, cannot contribute to the war effort,
thus impeding the national-defense program.
2. Waiver by Employees Having Known Physical Defects.
Whenever any person desiring to enter a contract of employ-
ment, shall have any known physical defect which imposes
upon his prospective employer a further or unusual hazard,
it shall be permissible for such person to waive in writing, in
the manner hereinafter stated, for himself or his dependents
or both, any rights to compensation under the provisions of
chapter 216 of the Revised Laws for any personal injury
arising out of and in the course of his employment, or deatli
270 Chapter 186 [1943
resulting therefrom, which may be found to be attributable in
a material degree to such known physical defect. A person
is not presumed to have any known physical defect unless and
until such person shall have been subjected to a physical ex-
amination by a duly registered physician of the state of New
Hampshire who shall thereupon issue a certificate.
3. Waiver Requirements. No such waiver shall become
effective unless the known defect in question shall be plainly
described therein by the prospective employee's physician, nor
unless the prospective employee shall fully understand the
meaning of said waiver, and, if such person shall be a minor,
that one of the parents, or a guardian, of such minor, shall
have approved the same in writing, nor until the waiver has
been filed with the commissioner of labor who shall thereafter
approve the same in writing and furnish each of the parties
thereto a copy of said waiver together with his approval. No
such waiver shall be a bar to a claim by the person signing
the same, or his dependents, for compensation for any injury
arising out of and in the course of his employment, or death,
resulting therefrom, which injury shall not have been found
to be attributable in a material degree to the particular con-
dition described therein. The rights and liabilities of the
parties to such waiver as to injuries arising out of and in the
course of the employment and within the terms of such
waiver shall be such as are provided by law in the case of an
employer having less than five employees, who shall not have
accepted the provisions of chapter 216 of the Revised Laws.
4. Act Controlling. In so far as the provisions of this act
are inconsistent with the provisions of any other law, the pro-
visions of this act shall be controlling.
5. Takes Effect. This act shall take effect upon its
passage and shall be effective until six months after the
present war.
[Approved May 13, 1943.]
1943] Chapter 187 271
CHAPTER 187.
AN ACT RELATIVE TO QUALIFICATIONS OF LEGAL VOTERS AS TO
RESIDENCE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Qualifications for Voting. Amend section 8 of chap-
ter 31 of the Revised Laws by striking out said section and
inserting in place thereof the following: 8. Residence;
Transfer Cards. No person shall be considered as dwelling or
having his home in any town, for the purpose of voting or
being voted for at any meeting, unless he shall have resided
within such town six months next preceding the day of meet-
ing, except as provided in the following paragraphs :
I. Any legal voter, whose name appears upon the check-
list of any town or city, and who shall move from said town
or city to another town or city within the state, within six
months next prior to any election, may vote at such election
in the town or city to which he shall have removed, if, prior
to or at the last session for correction of the check-list in such
town or city, he shall present to the supervisors of the check-
list of said town or city a duly issued transfer card as pro-
vided in paragraph II. The supervisors of the town or city
to which any such voter shall remove shall place the name of
such voter upon the check-list of said town or city upon the
presentation of said duly issued transfer card prior to or at
the last session for the correction of said check-list in such
town or city.
II. The supervisors of each city and town shall provide
themselves with cards, to be known as transfer cards, in such
form as the secretary of state may determine, which shall
have printed thereon a schedule to indicate the name of the
voter, the town or city of which he is a legal voter, the approxi-
mate date of removal therefrom, the town or city to which he
removes, and such other information as may be necessary
together with spaces for the signatures of a majority of the
supervisors. The supervisors shall execute and issue such
transfer cards to legal voters whose names appear on the
check-list, who apply therefor not more than six months and
not less than thirty days next prior to any election and who
furnish satisfactory evidence of their intention to remove to
272 Chapter 188 [1943
another town or city and to vote therein at such election.
Upon the issuance of such a transfer card to any voter his
name shall be removed from the check-list by the supervisors
issuing said card.
III. Any legal voter, whose name appears upon the
check-list of the ward of any city in the state, and who shall
thereafter move to another ward in said city shall be entitled
to vote in, and have his name remain on the list of voters of
the ward from which he has removed until such person shall
have gained a legal residence in the ward to which he shall
have removed, provided that after such person shall have
established a legal residence in the ward to which he shall
have moved by living there six months, he shall not be entitled
to vote in the v/ard from which removal has been made.
2. Takes Effect. This act shall take effect June 1, 1943.
[Approved May 13, 1943.]
CHAPTER 188.
AN ACT EXTENDING THE COMMISSION TO STUDY RETIREMENT
PLANS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Retirement Study Commission. The commission
appointed under the authority granted by chapter 165 of the
Laws of 1941 is hereby continued for a period of two years
from the date of the passage of this act.
2. Duties. Said commission shall prepare a bill for sub-
mission to the 1945 legislature providing for a retirement
system for state employees based upon the plan as outlined
by the commission in its report to the 1943 legislature to-
gether with such amendments to said plan as may in the
judgment of said commission be necessary to make said plan
effective. Said commission shall make a further study of
state participation in any present or proposed retirement plan
for other public employees, including employees of towns,
cities or other municipal subdivisions. Said commission shall
make a report of its further findings and recommendations to
the 1945 session of the legislature.
3. Appropriation. There is hereby appropriated for the
1943] Chapters 189, 190 273
purposes of said retirement study commission the sum of two
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.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved May 13, 1943.]
CHAPTER 189.
AN ACT TO DEFINE NONRESIDENT AS USED IN THE REVISED LAWS,
TITLE XI, RELATING TO MOTOR VEHICLES.
Be it enacted by the Senate and House of Representatives in
Genetxd Court convened:
1. Nonresident, Defined. Amend paragraph XVII of sec-
tion 1, chapter 115 of the Revised Laws, by striking out the
whole of said paragraph and by substituting therefor the
following: XVII. "Nonresident", any person whose legal
residence is in some state, district or country other than New
Hampshire, but a nonresident, having a regular abode or place
of business within the state for more than six months in any
year, shall be deemed a resident as to all vehicles principally
used in connection with such abode or place of business and
the commissioner for the purposes of registration shall de-
termine what vehicles are so used.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 13, 1943.]
CHAPTER 190.
AN ACT ESTABLISHING A STATE VETERANS COUNCIL AND
RELATING TO THE PREFERENCE OF VETERANS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Veterans Council. Amend the Revised Laws by
inserting after chapter 219 the following new chapter:
274 Chapter 190 [1943
Chapter 219-A
State Veterans Council
1. Council Established. There shall be a state veterans
council of three members to be appointed by the governor and
council, each of whom shall be veterans of any war in which
the United States has been engaged and a citizen of the state.
Of the first appointments hereunder one shall be appointed for
a term of three years, one for a term of two years, one for a
term of one year and thereafter each shall be appointed for
a term of three years. Each member of the council shall
hold office until his successor is appointed and qualified. Any
vacancy in the council shall be filled by the governor and
council for the unexpired term.
2. Compensation; Office. No member of the council shall
receive compensation for services rendered but his necessary
expenses incurred in the performance of his official duties
shall be paid from the appropriation for said council. Said
council shall be provided with an office in the state house.
3. State Veterans Service Officer. Said council shall, with
the approval of the governor and council, appoint and fix the
salary of a state veterans service officer, who shall be an
honorably discharged veteran of a war in which the United
States was engaged. He shall serve during the pleasure of
the council and shall perform such duties as the council shall
determine.
4. Duties. The state veterans council shall assist veterans
who are residents of this state or their dependents to secure
all benefits or preferences to which they may be entitled under
any state or federal laws or regulations. Said council shall
employ such assistance as may be necessary, within the limits
of the appropriation made therefor.
2. Repeal. Section 25 of chapter 126 of the Revised Laws,
relative to a veterans' officer in the department of public wel-
fare, is hereby repealed.
3.='= Appropriation. The sum of five thousand dollars is
hereby appropriated for the fiscal year ending June 30, 1944,
and a like sum for the fiscal year ending June 30, 1945, for the
use of the state veterans council. The governor is authorized
to draw his warrant for said sums out of any money in the
treasury not otherwise appropriated.
* See also chapter 208, post.
1943] Chapter 190 275
4. Public Employments. Amend section 4 of chapter 219
of the Revised Laws by striking out said section and inserting
in place thereof the following: 4. Employment of Veterans.
In public employment of clerks, office help, mechanics, labor-
ers, inspectors, supervisors, foremen, janitors, peace officers,
and relief employees in the construction of public works,
public projects and in the conduct of state, city, town or dis-
trict departments by the state or by a county, city, town, or
district, or by persons contracting therewith for such con-
struction, carrying out of relief projects and in the conduct
of state, city, town, or district departments, preference shall
be given to citizens of the state who have served in the armed
forces of the United States, for not less than ninety days, in
times of war, and have been discharged honorably therefrom
or released from active duty therein, if qualified for said em-
ployment and if registered in accordance with the provisions
of section 6. Where such employment is obtained from relief
rolls or for persons in need, in cases of equal or greater need
preference shall be given to such veterans.
5. Requirements. Amend said chapter 219 by adding at
the end thereof the following new sections : 6. Registration.
Veterans to be entitled to preference under this subdivision
shall register with the clerk of the town or city in which they
reside, with the county commissioners of their county, and
with the state veterans council of the state. Any person re-
quiring employees, as provided in section 4, shall consult said
lists. 7. Definitions. The term "armed forces" as used in
section 4 shall include members of the army, navy, marine
corps, coast guard and any woman's auxiliary to such forces,
the members of which are under and subject to military law.
8. Penalty. Any person violating any provision of this sub-
division shall be fined one hundred dollars.
6. Employment by Liquor Commission. Amend section 51
of chapter 170 of the Ptcvised Laws by striking out said sec-
tion and inserting in place thereof the following: 51.
Preference Given. Any person who served for not less than
ninety days in the armed forces of the United States during
any war in which the United States was engaged, and received
an honorable discharge from such service, shall be given pref-
erence in appointment under the provisions of sections 7, 8, 10
and 49, if qualified therefor and if registered in accordance
276 Chapter 191 [1943
with the provisions of section 6 of chapter 219 of the Revised
Laws.
7. Takes Effect. This act shall take effect as of July 1,
1943.
[Approved May 13, 1943.]
CHAPTER 191.
AN ACT RELATIVE TO TAKING WILD DEER IN CERTAIN COUNTIES
OF THE STATE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Wild Deer. For the period of two years from the date
when this act takes effect the open season for taking wild
deer, under the restrictions of Title XX of the Revised Laws
shall be as follows: 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,
Randolph, Gorham, and Shelburne from October fifteenth to
December first, in the remainder of Coos county from Novem-
ber first to December first, and in all other counties in the
state from December first to December twenty-first, except
that no deer shall be hunted or taken at any. time on any
island or in any waters in lakes and ponds.
2. Laws Suspended. During the time this act is in effect
such provisions of section 3 of chapter 242 of the Revised
Laws as may be inconsistent with the provisions of this act
are hereby suspended.
3. Takes Effect. This act shall take effect upon its
passage and shall remain in force for two years.
[Approved May 18, 1943.]
1943] Chapters 192, 193 277
CHAPTER 192.
AN ACT RELATIVE TO BENEFITS UNDER THE TEACHERS RETIRE-
MENT SYSTEM.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Teachers Retirement System. Amend section 15 of
chapter 136 of the Revised Laws by striking- out said section
and inserting in place thereof the following-: 15. Allowance
in Case of Resignation or Dismissal. I. Any member of the
retirement association withdrawing from service in the public
schools of the retirement system area by resignation or dis-
missal, or upon resigning- from the retirement association,
before becoming eligible to retirement, shall be entitled to
receive from the retirement board all payments made thereto
by him with interest. II. Payments returned as above pro-
vided shall be made in lump sums or in installments as such
member may elect, subject, however, to such rules and
regulations as may be prescribed by said board. III. In case
of resignation or dismissal of a member as specified under I
above, the payments made by the state, with the interest
thereon, shall be transferred by said board to the reserve
fund. IV. In case of the death of such member under the
circumstances set forth in paragraph I hereof, the several
amounts to which he would be entitled, if living, shall be paid
to a surviving wife, or to the legal representatives of such
deceased member, as may be elected, subject to the rules and
regulations of the retirement board.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 18, 1943.]
CHAPTER 193.
AN ACT RELATING TO THE GENERAL FUNDS OF THE STATE.
Be it enacted by the Senate and Honse of Representatives in
General Court convened:
1. Appropriation. A sum not exceeding two million one
hundred thousand dollars for the fiscal year ending June 30,
278 Chapter 194 [1943
1944, and a sum not exceeding two million one hundred thou-
sand dollars for the fiscal year ending June 30, 1945, are here-
by appropriated for the use of the state for general purposes
and such sums shall be a charge upon the special fund con-
stituted by chapter 126, Laws of 1931, as amended. The state
treasurer, at such times and in such amounts as the governor
and council may determine, within the limits hereinbefore pro-
vided, may transfer such sums from said special fund to the
general funds of the state.
2. Takes Effect. This act shall take effect July 1, 1943.
[Approved May 18, 1943.]
CHAPTER 194.
AN ACT RELATIVE TO COLLECTING AND PRESERVING VITAL
STATISTICS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Vital Statistics. Amend chapter 337 of the Revised
Laws by adding at the end thereof the following new sections :
17. Rules and Regulations. The registrar of vital statistics
is authorized and empowered to make rules and regulations
to secure uniformity and efficiency in the preparation, tran-
scription, collection, compilation and preservation of facts in
relation to births, marriages and deaths. Said rules and
regulations also may include provisions for so-called delayed
certificates of birth, the registration of children of unknown
parentage, the filing of additional certificates after the
legitimation of children and other matters relative to vital
statistics. Such rules and regulations shall be given such
publicity as said registrar may deem necessary and shall be
binding upon the town clerks charged with duties under the
provisions of this chapter.
18. Certified Copies. A town clerk or the registrar of vital
statistics shall issue to any applicant a certified copy of any
record in his office relative to births, marriages and deaths or
any part thereof, or verification thereof.
19. Fees. A town clerk or the registrar of vital statistics
shall be paid in advance, by any person requesting any copy
or verification as provided in section 18, the sum of fifty cents
1943] Chapter 195 279
for making search, which sum shall include payment for the
issuance of such copy or verification, provided that the fee to
town clerks for examination of documents and issuance of a
delayed birth certificate shall be two dollars.
20. Governmental Agencies. Certified copies, certificates of
partial facts, verifications or search of the records may be
made for any federal, state or local governmental agency by
special arrangement without regard to the provisions of
section 19.
21. Disposal of Fees. All fees collected by the registrar
of vital statistics under the provisions of sections 19 and 20
shall be paid into the state treasury.
2. Illegal Acts. Amend chapter 337 of the Revised Laws
by striking out section 16 and inserting in place thereof the
following: 16. Penalties. Any person who wilfully makes
or alters any vital statistics record, or certified copy thereof,
except as provided in this chapter, shall be fined not more
than one thousand dollars or imprisoned not more than six
months, or both. Any person who violates any of the pro-
visions of this chapter, or of any rule or regulation pro-
mulgated thereunder, or who neglects or refuses to perform
a duty imposed upon him by the provisions hereof, shall be
fined not more than one hundred dollars for each oflfense, for
the use of the town in which the offense was committed, and
it shall be the duty of the registrar of vital statistics to en-
force this section.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved May 18, 1943.]
CHAPTER 195.
AN ACT RELATIVE TO THE SALARIES OF THE SHERIFF AND COUNTY
COMMISSIONERS OF BELKNAP COUNTY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Belknap County. Amend section 27 of chapter 380 of
the Revised Laws by striking out the words "one thousand"
after the word "Belknap" in the fifth line and inserting in
place thereof the words, thirteen hundred, so that said section
280 Chapter 195 [1943
as amended shall read as follows. 27. Salaries. The annual
salaries of the sheriffs of the several counties shall be as
follows :
In Rockingham, one thousand dollars.
In Strafford, one thousand dollars.
In Belknap, thirteen hundred dollars.
In Carroll, eight hundred dollars.
In Merrimack, two thousand dollars.
In Hillsborough, fifteen hundred dollars.
In Cheshire, nine hundred dollars.
In Sullivan, eight hundred dollars.
In Grafton, one thousand dollars.
In Coos, fourteen hundred dollars.
2. Salary Increase. Amend section 27 of chapter 47 of the
Revised Laws, as amended by chapters 119 and 150 of the
Laws of 1943, by striking out the word "nine" in the fifth line
and inserting in place thereof the word, twelve, so that said
section as amended shall read as follows: 27. Commission-
ers. The annual salary of each commissioner of the following
counties shall be as follows, payable monthly by the county :
In Rockingham,* ten hundred dollars.
In Strafford, twelve hundred dollars.
In Belknap, twelve hundred dollars.
In Merrimack, ten hundred dollars.
In Hillsborough, twenty-one hundred dollars.
In Cheshire, one thousand dollars.
In Sullivan, ten hundred dollars.
In Grafton, ten hundred dollars.
In Carroll and Coos counties each commissioner, when
employed in the business of the county, shall receive five dollars
a day, payable as hereinbefore provided. To the foregoing
sums shall be added, in all the counties, a reasonable sum for
all necessary expenses, upon order of the county auditors.
3. Takes Effect. This act shall take effect upon its
passage provided that the salary increases provided for here-
in shall be effective as of April 1, 1943.
[Approved May 18, 1943.]
* See also chapter 179, ante.
1943] Chapter 196 281
CHAPTER 196.
AN ACT RELATIVE TO FIDUCIARIES AND TRUSTEES IN MILITARY
SERVICE.
Be it enacted by the Senate and House of Representatives in
Gene7'al Court convened:
1. Definitions. When used in this act the following terms
shall be construed as follows:
I. The term "fiduciary" shall include an executor,
administrator, trustee under a will, trustee, conservator or
guardian appointed by any court.
II. The term "fiduciary in military service" shall include
fiduciaries who are members of the military forces of the
United States or of any allied or associated power or who are
detailed by proper authority for duty with such military
forces.
III. The term "trustee in military service" shall in-
clude trustees under deeds, agreements or declarations of trust
who are members of the military forces of the United States
or of any allied or associated power or who are detailed by
proper authority for duty with such military forces.
IV. The term "military" shall include the army, navy,
marine corps, coast guard or other branches of the armed
forces.
2. Power of Courts. During the period when any fidu-
ciary is or shall be in mihtary service the court having
jurisdiction of the accounts of such fiduciary shall have the
power to authorize the co-fiduciary or co-fiduciaries, if any, to
exercise all of the powers of such fiduciary that can be trans-
ferred to the co-fiduciary or co-fiduciaries, or to appoint a
substituted fiduciary pro tern to act in place of such fiduciary
and to authorize such substituted fiduciary pro tern to exer-
cise all of the powers of the fiduciary in military service that
can be transferred to the substituted fiduciary pro tern.
3. Procedure. The relief authorized by section 2 hereof
may be granted upon petition of any party in interest, the
fiduciary in military service or any co-fiduciary or surety. It
shall not be necessary to secure the joinder of any other party
in interest in such petition, but notice of the presentation of
the petition shall be given to all parties in interest who are
282 Chapter 196 [1943
sui juris at such time and in such manner as the court may
direct by general rule or special order.
4. Security for Substituted Fiduciaries. Any substituted
fiduciary pro tern appointed under the provisions of section 2
hereof shall furnish such security, if any, as the court may
direct and shall receive such compensation as the court may
allow. Such substituted fiduciary pro tern shall have the
same duties and responsibilities with respect to accounting,
and otherwise, during the period that he holds office as the
fiduciary in military service would have had if not in such
service.
5. Extent of Power. Any decree entered pursuant to the
provisions of section 2 hereof shall remain in force until re-
voked by the court upon cause shown and no act done by any
substituted fiduciary pro tern or co-fiduciary or co-fiduciaries
while such decree is in force shall be impeached on the ground
that a fiduciary was not in or had ceased to be in military
service.
6. Fiduciary in Service Relieved from Duties. So long as
any decree entered pursuant to the provisions of section 2
hereof remains in force the fiduciary named therein as being in
military service shall exercise none of his fiduciary powers or
discretion and shall be under no liability for any acts or
omissions of the substituted fiduciary pro tern or of any co-
fiduciary or co-fiduciaries during that period, provided, that
nothing contained in this act shall relieve a fiduciary who
enters military service from liability for the administration
of the estate before the entry of a decree under the pro-
visions hereof. If the court shall find that because of the
military service of the fiduciary, the stating of an account at
that time is not possible, an accounting by such fiduciary in
military service shall not be a prerequisite to the appointment
of a substituted fiduciary pro tern, and upon the reinstate-
ment of such fiduciary or at such time as the said court deems
meet such fiduciary may be required by said court to file an
accounting of his administration of said estate.
7. Power of Removal. The court appointing a substituted
fiduciary pro tern under the provisions of section 2 hereof
shall have the same powers of control, removal, discharge and
settlement of the accounts of such substituted fiduciary as
are conferred upon it by existing law with respect to other
fiduciaries.
1943] Chapters 197, 198 283
8. Trustees under Deeds, Agreements and Declarations of
Trust. In the case of any trustee in military service who is
trustee under a deed, agreement or declaration of trust, and
not under the jurisdiction of the probate court, the superior
court, upon petition by any party in interest, may proceed as
provided in this act as to fiduciaries in military service.
9. Takes Effect. This act shall take effect upon its
passage.
[Approved May 18, 1943.]
CHAPTER 197.
AN ACT RELATING TO CERTIFICATES OF APPROVAL AND OFF-SALE
PERMITS FOR THE SALE OF BEVERAGES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Certificates of Approval. Amend section 78 of chapter
170 of the Revised Laws by adding thereto the following new
section: 78-a. Restrictions. No holder of a certificate of
approval and no officer, director, employee or agent of a holder
of a certificate of approval shall have an interest, either direct
or indirect, in the business of the holder of a wholesaler's, on-
sale or off -sale permit.
2. Sale of Beverages. Amend chapter 170 of the Revised
Laws by inserting after section 60 the following new section :
60-a. No person holding an off -sale permit shall sell beverages
on Sundays.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved May 18, 1943.]
CHAPTER 198.
AN ACT RELATIVE TO OPERATION OF MOTOR VEHICLES BY PERSONS
IN THE ARMED FORCES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Members of Armed Forces. Any person who is a mem-
ber of the armed forces of the United States, and who at the
284 Chapter 199 [1943
time of his induction, call on reserve commission or enlist-
ment into such forces was the holder of a valid New Hamp-
shire license to operate motor vehicles in this state shall, not-
withstanding the expiration of such license, be entitled to
operate a motor vehicle without obtaining a new license there-
for. Such person shall, while operating a motor vehicle,
carry upon his person the license issued to him, in force at the
time of his entrance into the armed forces, and conclusive
evidence that he is a member of said armed forces. Nothing
in this act shall be construed to permit a person against whom
a revocation or suspension of a license is in force or a person
who has been refused a license by the commissioner of motor
vehicles, to operate a motor vehicle.
2. Takes Effect. This act shall take effect upon its
passage and shall remain in effect during the present war
emergency.
[Approved May 18, 1943.]
CHAPTER 199.
AN ACT RELATIVE TO REPORTS BY THE HIGHWAY COMMISSIONER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Highway Department. Amend section 18 of
chapter 99 of the Revised Laws by striking out the word
"January" and inserting in place thereof the word, December,
so that said section as amended shall read as follows: 18.
Report. The commissioner shall annually report to the gov-
ernor and council the work done and expenditures incurred by
his department for the year ending December thirty-first.
2. Takes Effect. This act shall take effect as of De-
cember 31, 1944.
[Approved May 18, 1943.]
1943] Chapters 200, 201 285
CHAPTER 200.
AN ACT RELATING TO JURISDICTION OF CRIMINAL CASES IN
MUNICIPAL COURTS.
Be it enacted by the Semite and House of Representatives in
General Court convened:
1. Vacancies in OflBces of Justice and Special Justice.
Amend section 15, chapter 377 of the Revised Laws of the
state of New Hampshire by striking out said section and in-
serting in place thereof the following: 15. Criminal Cases,
Municipal Courts. Municipal courts shall have the powers
of a justice of the peace and quorum throughout the state,
and shall have original jurisdiction, subject to appeal, of all
crimes and offenses committed within the confines of the city
or town wherein such courts are located, or within any town
in the same county which has no municipal court, or within
any city or town in the same county in which vacancies exist
in the offices of justice and special justice of the municipal
court, which are punishable by a fine not exceeding five hun-
dred dollars or imprisonment not exceeding one year, or both.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 18, 1943.]
CHAPTER 201.
AN ACT TO PROVIDE RECOGNITION OF THE WAR SERVICE OF RESI-
DENTS OF THIS STATE WHO SERVED IN THE ARMED FORCES
OF THE UNITED STATES DURING WORLD WAR II.
Be it enacted by the Senate and Hou^e of Representatives in
General Court convened:
1. Qualification for Bonus. Each person who is a resident
of the state of New Hampshire and who has served for a
period of more than ninety days in any capacity in the armed
forces of the United States, during the present war, and has
been honorably discharged therefrom, shall be entitled to the
benefits provided for hereunder.
2. Definition. The term "armed forces of the United
States" as used herein shall mean the army, navy, marine
286 Chapter 201 [1943
corps, coast guard, and any woman's auxiliary services to such
forces, the members of which are subject to and under
mihtary law.
3. Roster. The adjutant general shall, from time to time,
prepare a roster of the names of residents of the state who
have qualified for benefits under the provisions hereof, and
shall certify the same to the state treasurer.
4. Bonus Payment. In recognition of the service per-
formed by the persons named in section 1, the state treasurer,
when such names are certified to him as provided in the pre-
ceding section and when application is made therefor, shall
pay to each such resident, or to the wife, mother, father, son
or daughter of such as have died, a sum equal to ten dollars
per month for each month of such service, but not exceeding
in any event the sum of one hundred dollars, and said treas-
urer shall take such formal receipt as he shall prescribe.
5. Special Poll Tax. Beginning with April first, 1944, and
continuing until termination is ordered, as hereinafter pro-
vided, there shall be assessed upon all taxable polls, as now or
hereafter defined, within the state, a further tax of three
dollars in addition to the poll tax now provided or which may
be provided for by law, such additional tax to be assessed,
levied and collected in accordance with the laws relating to
poll taxes. A separate account of such additional tax shall be
kept by the several town or city officers and it shall be paid by
the several towns and cities to the state treasurer, on or be-
fore the first day of December of the several years, and the
state treasurer is hereby authorized to issue his extent for
all taxes which shall remain unpaid on said dates last
mentioned. The state treasurer shall keep all funds accruing
from the collection of the special poll tax provided for by this
section in a separate account from which he shall pay the
indebtedness incurred under the provisions of this act, as the
same shall become due. Any balance in said separate account,
after making the payments authorized hereunder, shall not be
used for any other purposes than for benefits or assistance to
veterans to such an extent as the legislature may authorize.
The assessment and collection of said additional poll tax pro-
vided for herein shall cease when the legislature or, if the
legislature is not in session, the governor and council shall
determine that sufficient funds have been collected to make
payments to veterans herein provided for.
1943] Chapter 201 287
6. Bond Issue Authorized. In order to provide the funds
for the payment of the bonus authorized hereunder, the sum
of four milhon dollars, or so much thereof as may be
necessary, is hereby appropriated, and 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 four million dollars and for that purpose may issue
bonds or notes in the name and on behalf of the state. Such
bonds or notes shall be deemed a pledge of the faith and
credit of the state.
7. Form; Proceeds of Sale. The governor and council
shall determine the form of such bonds or notes, their rate of
interest, the dates when interest shall be paid, the dates of
maturity, the places where principal and interest shall be paid,
and the time or times of issue. Such bonds or notes shall be
signed by the treasurer and countersigned by the governor.
The treasurer may negotiate and sell such bonds or notes
under the direction of the governor and council in such
manner as they may deem to be most advantageous to the
state. Out of the proceeds of the sale of said bonds or notes
the governor is authorized to draw his warrants for the sum
hereinbefore appropriated, for the purposes of this act only.
Said bonds or notes and interest thereon shall be repaid from
the collections from the special poll tax provided for in this
act.
8. Accounts. The secretary of state shall keep an account
of all such bonds or notes countersigned by the governor,
showing the number and amount of each bond or note, the
time of countersigning, the time when payable, and the date
of delivery to the treasurer. The treasurer shall keep an
account of each bond or note, showing the number and amount
thereof, the name of the person to whom sold, the amount
received for the same, the date of the sale, and the time when
payable.
9. Short-Term Notes. Prior to the issuance of the bonds
hereunder, and in anticipation of the collection of revenue
hereunder, the treasurer, under the direction of the governor
and council, may for the purposes hereof borrow money from
time to time on short-term loans to be refunded by the
issuance of the bonds hereunder, provided, however, that at
no one time shall the indebtedness of the state on such short-
term loans exceed the sum of four million dollars.
288 Chapter 202 [1943
10. Application of Laws. For the purpose of the assess-
ment and collection of the special poll tax provided by this
act the provisions of section 2 of chapter 73 of the Revised
Laws, as amended by chapter 173 of the Laws of 1943, so far
as they apply to exemptions to soldiers, sailors or marines of
any war in which the United States has been engaged, except
World War II, shall not be applicable.
11. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
CHAPTER 202.
AN ACT RELATIVE TO THE SALARY OF THE COMMISSIONERS OF
HILLSBOROUGH COUNTY.
Be it enacted by the SeTiate and House of Representatives in
General Court convened:
1. Increase in Salary for Hillsborough County Commission-
ers. Amend section 27 of chapter 47 of the Revised Laws, as
amended by chapters 119, 150 and 195 of the Laws of 1943,
by striking out the word "twenty-one" and inserting in place
thereof the word, twenty-four, so that said section as
amended shall read as follows: 27. Commissioners. The
annual salary of each commissioner of the following counties
shall be as follows, payable monthly by the county:
In Rockingham, ten hundred dollars.
In Strafford, twelve hundred dollars.
In Belknap, twelve hundred dollars.
In Merrimack, ten hundred dollars.
In Hillsborough, twenty-four hundred dollars.
In Cheshire, one thousand dollars.
In Sullivan, ten hundred dollars.
In Grafton, ten hundred dollars.
In Carroll and Coos counties each commissioner, when
employed in the business of the county, shall receive five
dollars a day, payable as hereinbefore provided. To the fore-
going sums shall be added, in all the counties, a reasonable
sum for all necessary expenses, upon order of the county
auditors.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
1943] Chapters 203, 204 289
CHAPTER 203.
AN ACT TO PROTECT STATE EMPLOYEES ORDERED INTO NON-
MILITARY SERVICE BY THE WAR MANPOWER COMMISSION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Employees in Non-Military War Service. Amend
chapter 218 of the Laws of 1941, as amended by chapter 72
of the Laws of 1943, by inserting after section 6-a the follow-
ing- new section: 6-b. Non-Military Service. Any state
official or employee who, after the date of the passage of this
act and during the present war emergency, shall involuntarily
leave the state service because of the orders of the war man-
power commission of the United States, or of any other
United States agency, except the army or navy, having
lawful authority to command that one shall terminate state
employment to enter non-military war service, shall be
entitled to the same privileges of reinstatement in the state
service as members of the military or naval service are entitled
under the provisions of this chapter, provided that he makes
application therefor within forty days after he has, or could
have, been relieved from such orders of such United States
agencies.
2. Takes Eftect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
CHAPTER 204.
AN ACT RELATING TO ADDITIONAL GRANT FOR OLD AGE
ASSISTANCE.
Be it evicted by the Senate and House of Representatives in
General Court convened:
1. Additional Grant for Old Age Assistance. In view of
the war emergency and the rise in cost of living, the sum of
twenty-five thousand dollars for each of the years 1944 and
1945 is hereby made available to the department of public wel-
fare for additional aid to old age recipients. The sums hereby
so made available shall be a charge upon the appropriation
290 Chapters 205, 206 [1943
provided for by chapter 176 of the Laws of 1943, an act
relative to emergency appropriations.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
CHAPTER 205.
AN ACT RELATIVE TO THE SALARY OF THE COMMISSIONER
OF AGRICULTURE.
Be it enacted by the Senate arid House of Representatives in
General Court convened:
1. Commissioner of Agriculture. Amend section 5 of
chapter 223 of the Revised Laws by striking out the words
"thirty-five hundred" and inserting in place thereof the words,
four thousand, so that said section as amended shall read as
follows: 5. Salary. His salary shall be four thousand
dollars a year, and he shall be allowed his actual expenses
when on official duty elsewhere than in the office of the de-
partment.
2. Takes Effect; Limitation. This act shall take effect
July 1, 1943, and the provisions of chapter 170 of the Laws of
1943, relative to temporary salary increase, shall not apply to
the commissioner of agriculture.
[Approved May 20, 1943.]
CHAPTER 206.
AN ACT RELATIVE TO THE SALARY OF THE DEPUTY INSURANCE
COMMISSIONER.
Be it enacted by the Semite and House of Representatives in
General Court convened:
1. Deputy Insurance Commissioner. Amend section 7 of
chapter 321 of the Revised Laws by striking out said section
and inserting in place thereof the following: 7. Compen-
sation. The annual salary of the commissioner shall be five
thousand dollars, and of the deputy commissioner twenty-
seven hundred dollars, and shall be full compensation for their
services.
1943] Chapters 207, 208 291
2. Takes Effect; Limitation. This act shall take effect
upon its passage, and the provisions of chapter 170 of the
Laws of 1943, relative to temporary salary increase, shall not
apply to the deputy insurance commissioner.
[Approved May 20, 1943.]
CHAPTER 207.
AN ACT RELATING TO THE SALARY OF THE SECRETARY OF STATE.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1, Salary. Amend section 11 of chapter 21 of the Revised
Laws by inserting after the word ''thousand" the words, five
hundred, so that said section as amended shall read as follows :
11. Secretary. The annual salary of the secretary of state
shall be four thousand five hundred dollars, which shall be in
full for his services.
2. Takes Effect; Limitation. This act shall take effect
July 1, 1943, and the provisions of chapter 170 of the Laws of
1943, relative to temporary salary increase, shall not apply to
the secretary of state.
[Approved May 20, 1943.]
CHAPTER 208.
AN ACT RELATIVE TO THE APPROPRIATION FOR THE VETERANS
COUNCIL.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Transfer of Appropriation. Amend section 3 of chap-
ter 190 of the Laws of 1943 by striking out said section and
inserting in place thereof the following: 3. Appropriation.
The sum of five thousand dollars is hereby appropriated for
the fiscal year ending June 30, 1944, and a like sum for the
fiscal year ending June 30, 1945, for the use of the state
veterans council. Of the above sums four thousand dollars
for each of said fiscal years shall be a charge upon the appro-
priations for the public welfare department and one thousand
292 Chapters 209, 210 [1943
dollars for each of said years shall be a charge upon the
general funds.
2. Takes Effect. This act shall take effect July 1, 1943.
[Approved May 20, 1943.]
CHAPTER 209
AN ACT RELATING TO PORCUPINES.
Be it enacted by the Senate and House of Representatives in
Genei'al Court convened:
1. Bounties on Porcupines. If any person shall kill a
porcupine within this state and shall produce the head thereof
to the selectmen of the town or clerk of the city in which it
was killed, and shall prove to their satisfaction that such
porcupine was killed by him, within the limits of said town
or city, the selectmen or city clerk shall destroy the head so
produced so that it cannot be offered again for bounty, and
shall pay fifty cents for each porcupine so destroyed. Any
person producing for bounty to the selectmen or city clerk the
head of a porcupine, killed outside the limits of that town or
city, shall be fined not less than ten dollars, or imprisoned
thirty days, or both. Said towns and cities shall be re-
imbursed for payment of said bounties as provided in section 5
of chapter 180 of the Revised Laws.
2. Repeal. Sections 2 and 3 of chapter 180 of the Revised
Laws, relative to bounties for hedgehogs, are hereby repealed.
3. Takes Effect. This act shall take effect upon its
passage and shall be in force for a period of two yeai'S.
[Approved May 20, 1943.]
CHAPTER 210.
AN ACT RELATIVE TO THE REHABILITATION AND MANAGEMENT
OF CERTAIN STATE TRUST FUNDS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation. The sum of ninety-five thousand dollars
is hereby appropriated for the purpose of rehabilitating cer-
1943] Chapter 210 293
tain funds left in trust to the state of New Hampshire. The
trust funds which shall be rehabilitated and the amount appro-
priated for each fund are as follows:
(a) Catherine Fiske Legacy for the benefit of
the state hospital $26,378.43
(b) Jacob Kimball Legacy for the benefit of
the state hospital $6,753.49
(c) Teachers Institute Trust Fund for the
promotion of education $59,723.37
2. 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
ninety-five thousand dollars for the purpose of rehabilitating
the trust funds specified in this act and for that purpose may
issue bonds or notes in the name and on behalf of the state of
New Hampshire at a rate of interest to be 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 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 be in such form and such denomi-
nations as the governor and council shall determine, may be
registerable as to both principal and interest, shall be counter-
signed 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
294 Chapter 210 [1943
drawn by the governor for the purposes of this act alone and
the governor, with the advice and consent of the council, shall
draw his warrants for the payment from the funds provided
for herein of all sums expended or due for the purposes herein
authorized.
3. Short-Term Notes. Prior to the issuance of the bonds
or notes provided for 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 provided
for hereunder.
4. Administration. The trust funds for the benefit of the
New Hampshire state hospital described in subsections (a)
and (b) of section 1 of this act shall be administered by the
board of trustees of the New Hampshire state hospital. The
trust fund for the benefit of education described in subsection
(c) of section 1 hereof shall be administered by the board of
education. In each instance the trust funds shall be ad-
ministered by the agencies designated, under the direction
and supervision of the governor and council. The state
treasurer shall have custody of the funds.
5. Investment of Trust Funds. The agencies herein
designated to administer the trust funds as hereinbefore
specified are authorized to invest and reinvest the funds of
such trusts in securities which are legal investments for New
Hampshire savings banks, subject to the approval of the gov-
ernor and council.
6. Benjamin Thompson Trust Fund. The state treasurer
is hereby authorized to sell any or all of the securities now
held by the Benjamin Thompson trust fund and to invest and
reinvest the proceeds of such sales in securities which are
legal investments for New Hampshire savings banks. Such
sales and investments shall be made upon the recommendation
of the governor and council after consultation with the
trustees of the University of New Hampshire.
7. Accounts. The agencies designated to administer the
trust funds as specified in section 1 shall preserve the identity
of each trust fund and keep a separate account thereof. A
copy of the account with reference to each trust fund shall be
approved annually by the governor and council and filed with
the state treasurer.
8. Trust Funds. All trust funds left to and accepted by
the state shall be kept separate from any other funds and
1943] Chapter 211 295
shall be administered by the board of trustees or other gov-
erning body having control of the activities to be benefited by
the trust in accordance with the terms of the instrument
creating the same and under the direction and supervision of
the governor and council. The funds shall be in the custody
of the state treasurer.
•9. Repeal. The provisions of any act relating to any of
the trust funds as specified in section 1 which are inconsistent
with the provisions of this act are hereby repealed to the ex-
tent of such inconsistency. The provisions of section 10 of
chapter 12 of the Laws of 1891, requiring that all money
received from the sale of the assets of the Benjamin Thompson
trust fund be used in paying and retiring outstanding in-
debtedness of the state, are hereby repealed.
10. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
CHAPTER 211.
AN ACT RELATIVE TO THE COMMISSION ON DISABILITY BENEFITS.
Be it emacted by the Senate and House of Representatives in
General Court convened:
1. Commission Extended. The commission on disability
benefits created by chapter 206 of the Laws of 1939, as ex-
tended by chapter 177 of the Laws of 1941, is hereby extended
for a further period of two years from the date of the passage
of this act, with all the powers and duties provided for therein.
2. Terms of Office of Commissioners. The terms of office
of the commissioners under said chapter, in office at the time
of the passage of this act, shall terminate as of June 12, 1943,
and on or before said date the governor with the advice and
consent of the council shall make appointments to said com-
mission as provided for in section 1 of said chapter 206, said
appointees to hold office until the termination of this act.
3. Balance of Appropriation. Any balance of the appro-
priation made for the purposes of the commission is hereby
extended and made available for such purposes for a period of
two years from the date of the passage of this act.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
296 Chapters 212, 213 [1943
CHAPTER 212.
AN ACT MAKING PROVISIONS FOR CERTAIN ADDITIONAL SALARY
INCREASES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Appropriation. The sum of two thousand five hundred
dollars for the fiscal year ending June 30, 1944, and a like sum
for the fiscal year ending June 30, 1945, are hereby appro-
priated to be available for the salary increases provided for
the secretary of state, the deputy insurance commissioner,
the commissioner of agriculture and the state health officer.
The governor is hereby authorized to draw his warrant for
said sums out of any money in the treasury not otherwise
appropriated,
2. Takes Effect. This act shall take effect as of July 1,
1943.
[Approved May 20, 1943.]
CHAPTER 213.
AN ACT PROVIDING FOR AN INCREASE IN SALARY FOR THE
STATE TREASURER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Salary Increase. Amend section 22 of chapter 22 of
the Revised Laws by inserting after the word "thousand" the
words, five hundred, so that said section as amended shall
read as follows: 22. Treasui'er. The annual salary of the
state treasurer shall be four thousand five hundred dollars.
2. Appropriation. The sum of five hundred dollars for
the fiscal year ending June 30, 1944, and a like sum for the
fiscal year ending June 30, 1945, are hereby appropriated to
provide for the salary increase for the state treasurer.
3. Takes Effect; Limitation. This act shall take effect
July 1, 1943, and the provisions of chapter 170 of the Laws of
1943, relative to temporary salary increase, shall not apply to
the state treasurer.
[Approved May 20, 1943.]
1943] Chapters 214, 215 297
CHAPTER 214.
AN ACT RELATIVE TO EMPLOYEES OF THE LEGISLATURE.
Be it enacted by the Senate and House of Representatives in
Gene7'al Court convened:
1. The General Court. Amend section 17 of chapter 9 of
the Revised Laws by striking out said section and inserting
in place thereof the following: 17. Employees. Officers
and employees of the senate and house of representatives
shall be allowed, for each day they are employed in their
duties, mileage and transportation at the same rate as is
allowed for members of the general court.
2. Takes Effect. This act shall take effect as of January 1,
1943.
[Approved May 20, 1943.]
CHAPTER 215.
AN ACT RELATIVE TO THE SALARY OF THE STATE HEALTH
OFFICER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. State Health Officer. Amend section 14 of chapter 147
of the Revised Laws, as amended by chapter 15 of the Laws
of 1943, by striking out said section and inserting in place
thereof the following: 14. Salary. The salary of the state
health officer shall be five thousand dollars a year. Not-
withstanding the provisions of any other law said officer shall
not be entitled to any other state compensation for official
duties as such officer and 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; Limitation. This act shall take effect
July 1, 1943, and the provisions of chapter 170 of the Laws of
1943, relative to temporary salary increase, shall not apply to
the secretary of the state board of health.
[Approved May 20, 1943.]
298 Chapters 216, 217 [1943
CHAPTER 216.
AN ACT RELATING TO EMPLOYER'S LIABILITY AND WORKMEN'S
COMPENSATION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Workmen's Compensation. The governor, with the
advice and consent of the council, is hereby authorized to
appoint a commission of five members to study the question
of remedial care for employees covered by the workmen's com-
pensation law. Said commission shall make a report of its
findings and recommendations to the next session of the
legislature.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
CHAPTER 217.
AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE
STATE OF NEW HAMPSHIRE FOR THE YEAR
ENDING JUNE 30, 1944.
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, 1944,
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
1943] Chapter 217 299
Council of state governments $500
For the executive department:
Office of the governor:
Salary of governor $5,000
Salary of secretary 3,000
Other salaries 4,450
Travel expenses 1,200
Other current expenses 2,970
Total $16,620
Council :
Per diem $2,500
Travel expenses 2,000
Other current expenses 70
Total 4,570
Contingent fund 5,000
Emergency and emergency defense fund. . . 85,000
Total executive department $111,190
For judicial branch:
Supreme court:
Salaries of judges $35,000
Salary of clerk of court .... 3,200
Other salaries 3,600
Current expenses 3,100
Printing New Hampshire re-
ports 2,500
Total $47,400
Less revenue 50
Net appropriation $47,350
Superior court:
Salaries of judges $42,000
Other salaries 200
Current expenses 7,800
Total 50,000
300 Chapter 217 [1943
Referees and masters:
Salaries of referees and
masters $6,000
Current expenses 1,000
Total $7,000
Probate court:
Salaries of judges $17,600
Salaries of registers and
deputies 20,300
Total 37,900
Total judicial branch $142,250
For adjutant general's department:
Office of adjutant general:
Salaries $3,600
Current expenses 1,075
Total $4,675
Armories :
Salaries $18,500
Current expenses 19,645
Total $38,145
Less revenue 300
Net appropriation 37,845
Rifle ranges, current expenses 1,200
War service recognition 600
State guard:
Salaries $12,000
Travel expenses 3,500
Other current expenses 8,400
Total 23,900
Total adjutant general's department $68,200
1943] Chapter 217 301
For department of agriculture :
Salary of commissioner* .... $3,500
Other salaries 5,986
Travel expenses 1,100
Other current expenses 11,440
Total $22,026
New Hampshire Horticultural Society 1,000
Granite State Dairymen's Association 500
New Hampshire Sheep Breeders' Association 250
Division of animal industry:
Salary of state veterinarian.. $3,500
Salary of field veterinarian . . 2,575
Salary of appraiser 2,500
Salary of dairy inspector . . . 2,750
Other salaries 11,848
Travel expenses 4,500
Other current expenses 3,950
Tubercular testing 45,000
Veterinarian services other
than testing, epidemics and
inspections 2,850
Laboratory fees for testing
blood and pullorum ...'.... 15,000
Total 94,473
"^Bureau of markets :
Salary of director $2,400
Other salaries 4,979
Travel expenses 1,400
Other current expenses 7,928
Rodent control 300
Grants and contributions .... 1,100
Total 18,107
* See also chapter 205, ante.
302 Chapter 217 [1943
Insect and plant disease control:
Salary of deputy commissioner $1,600
Other salaries 9,100
Travel expenses 1,650
Other current expenses 1,378
Total $13,728
Total department of agriculture $150,084
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 accountant 1,500
Other salaries 4,600
Travel expenses 900
Other current expenses 1,950
Fees to registers of probate .... 4,250
Legacy tax current expenses . . 1,000
Total attorney general's department . . $28,200
For comptroller's department:
Office of comptroller:
Salary of comptroller $5,000
Other salaries 20,220
Travel expenses 600
Other current expenses 3,050
Total $28,870
Grants :
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
1943] Chapter 217 303
Prisoners' Aid Association $600
New Hampshire Veterans' Association. . . 1,500
Mount Washington Observatory 1,200
Travel bureau :
Salary of director $2,400
Other salaries 3,100
Current expenses 18,300
Total $23,800
Less estimated revenue . . . 23,800
Net appropriation 00
Total comptroller's department $37,920
For forestry and recreation department:
Administration :
Salary of state forester $3,500
Salary of assistant state
forester 2,500
Other salaries 8,750
Travel expenses 600
Other current expenses 3,185
Total $18,535
Nursery :
Salaries $4,500
Current expenses 1,950
Total 6,450
Reforestation :
Salaries $1,500
Travel expenses 700
Total 2,200
District fire supervision:
Salaries $5,300
Travel expenses 2,300
Other current expenses 400
Total 8,000
304 Chapter 217 [1943
Recreation :
Salary of director $2,200
Other salaries 17,850
Travel expenses 500
Other current expenses 5,300
Total $25,850
Less estimated revenue .... 10,850
Net appropriation $15,000
Lookout stations 14,000
Wardens' training 1,000
Prevention of fires:
Salaries $1,100
Travel expenses 50
Other current expenses 4,000
Total 5,150
Forest fire bills to towns 7,500
White pine blister rust :
Salaries $5,895
Current expenses 230
Total 6,125
Saw mills :
Travel expenses $250
Other current expenses 500
Total 750
Federal emergency program:
Salaries $2,000
Travel expenses 100
Other current expenses 300
Total 2,400
Total forestry and recreation depart-
ment $87,110
1943] Chapter 217 305
For insurance department:
Salary of commissioner $5,000
Salary of deputy commissioner* 2,200
Other salaries 12,700
Travel expenses 400
Other current expenses 4,525
Total insurance department $24,825
For bureau of labor:
Office of com.missioner :
Salary of commissioner $4,000
Other salaries 6,025
Travel expenses 800
Other current expenses 1,630
Total $12,455
Minimum wage division:
Salaries of investigators $4,500
Other salaries 1,950
Travel expenses 2,400
Other current expenses 850
Total 9,700
Factory inspection:
Salaries of inspectors $6,250
Other salaries 1,450
Travel expenses 2,400
Other current expenses 475
Total 10,575
Total bureau of labor $32,730
For purchasing agent:
Salary of purchasing agent . . $4,000
Other salaries 9,450
Travel expenses 150
Other current expenses 1,860
Total purchasing agent $15,460
* See also chapter 206, ante.
306 Chapter 217 [1943
For state department:
Office of secretary:
Salary of secretary* $4,000
Salary of deputy secretary . . 2,700
Other salaries 7,500
Travel expenses 400
Other current expenses 1,600
Total $16,200
Direct primary 550
Presidential primary :
Salaries $700
Travel expenses 75
Other current expenses 6,770
Total $7,545
Australian ballot 2,800
Photostat department:
Salary of technician $1,950
Other salaries 50
Current expenses 500
Total 2,500
Total state department $29,595
For department of buildings and grounds :
Salary of superintendent $2,500
Other salaries 59,880
Travel expenses 75
Other current expenses 45,125
Total 107,580
Franklin Pierce Homestead, maintenance . . 760
Daniel Webster Birthplace, maintenance . . . 600
Mailing division:
Salaries $3,268
Current expenses 500
Total 3,768
Total buildings and grounds department $112,708
* See also chapter 207, ante.
1943] Chapter 217 307
For state library:
Salary of librarian $2,500
Salary of assistant librarian . . . 2,000
Other salaries 20,066
Travel expenses 300
Other current expenses 12,815
Total $37,681
Traveling libraries $4,500
Field work and travel
expenses $1,100
Other current expenses 655 1,755
State aid 1,000 7,255
Total state library $44,936
For treasury department:
Office of treasurer:
Salary of treasurer* $4,000
Salary of deputy treasurer . . 2,700
Other salaries 14,270
Travel expenses 200
Other current expenses 4,030
Total $25,200
Intangible tax division:
Salaries $1,950
Travel expenses 150
Other current expenses 280
Total $2,380
Less revenue 2,380
Net appropriation 00
Highway services:
Salaries $3,650
Current expenses 1,450
Total $5,100
* See also chapter 213, ante.
308 Chapter 217 [1943
Less transfer highway
funds $5,100
Net appropriation 00
Trust fund obligations 40,801.48
Bounties 3,500
Total treasury department $69,501.48
For weights and measures :
Salary of commissioner $3,000
Salaries of inspectors 8,000
Other salaries 2,210
Travel expenses 3,500
Other current expenses 1,585
Total weights and measures $18,295
For University of New Hampshire:
Maintenance, Revised Laws,
chapter 222, section 18 $571,418.49
Extension work under Smith-
Lever act 36,000.00
Total University of New Hampshire . . $607,418.49
For industrial school:
Administration :
Salary of superintendent .... $4,000
Other salaries 3,100
Travel expenses 400
Other current expenses 1,640
Total $9,140
Instruction :
Salaries $5,220
- Current expenses 925
Total 6,145
Custodial care:
Salaries $22,130
Current expenses 18,150
Total 40,280
1943] Chapter 217 309
Auxiliary to custodial care $550
Operation of plant:
Salaries $1,740
Current expenses 15,750
Total 17,490
Maintenance of plant:
Salaries $2,880
Current expenses 1,750
Total 4,630
Agriculture :
Salaries $2,495
Current expenses 11,750
Total $14,245
Less revenue 600
Net appropriation 13,645
Parole ofRce:
Salaries $950
Travel expenses 600
Other current expenses 125
Total 1,675
Total industrial school $93,555
For Laconia state school:
Administration :
Salary of superintendent .... $4,000
Other salaries 8,460
Travel expenses 1,000
Other current expenses 1,038
Total ?14,498
Professional care and treatment :
Salaries $56,564
Travel expenses 50
Other current expenses 3,825
Total 60,439
310 Chapter 217 [1943
Custodial care:
Salaries $13,475
Travel expenses 25
Other current expenses 81,000
Total $94,500
Operation of plant:
Salaries $5,888
Current expenses 30,475
Total 36,363
Maintenance of plant:
Salaries $8,034
Travel expenses 25
Other current expenses 5,770
Total 13,829
Agriculture :
Salaries $19,789
Travel expenses 15
Other current expenses 23,485
Total $43,289
Less revenue 1,330
Net appropriation 41,959
Total Laconia state school $261,588
For New Hampshire State Hospital:
Administration :
Salary of superintendent .... $5,000
Other salaries 35,092
Travel expenses 225
Other current expenses 8,400
Total $48,717
Professional care and treatment:
Salaries $236,180
Travel expenses 2,400
Other current expenses 39,710
Total 278,290
1943] Chapter 217 311
Custodial care:
Salaries $84,175
Current expenses 330,150
Total $414,325
Operation of plant:
Salaries $29,299
Travel expenses 400
Other current expenses 112,469
Total 142,168
Maintenance of plant :
Salaries $50,000
Travel expenses 65
Other current expenses 11,210
Total 61,275
Agriculture :
Salaries $16,275
Current expenses 37,406
Total $53,681
Less revenue 7,200
Net appropriation 46,481
Total state hospital $991,251
For soldiers' home:
Office of commandant:
Salary of commandant $1,800
Other salaries 200
Travel expenses 70
Other current expenses 280
Total $2,350
Custodial care:
Salaries $5,200
Current expenses 7,525
Total 12,725
312 • Chapter 217 [1943
Professional care and treatment:
Salaries $3,520
Current expenses 500
Total $4,020
Operation of plant:
Salaries $1,960
Current expenses 3,575
Total 5,535
Maintenance of plant 910
Agriculture :
Salaries $1,375
Current expenses 1,085
Total 2,460
Total soldiers' home $28,000
For state prison:
Administration :
Salary of warden $3,250
Other salaries . 3,980
Travel expenses 500
Other current expenses 705
Total $8,435
Instruction 2,000
Custodial care:
Salaries $60,794
Current expenses 62,300
Total 123,094
Auxiliary care:
Salaries $9,675
Current expenses 4,000
Total 13,675
1943] Chapter 217 31^
Operation of plant:
Salaries $3,357
Current expenses 8,000
Total $11,357
Maintenance of plant 3,275
Agriculture :
Salaries $2,130
Current expenses 10,100
Total 12,230
Parole officer:
Salaries $5,440
Travel expenses 1,800
Other current expenses 1,485
Total 8,725
Total state prison $182,791
Less revenue 16,116
Net appropriation state prison $166,675
For state sanatorium:
Administration :
Salary of superintendent .... $4,000
Other salaries 1,610
Travel expenses 600
Other current expenses 895
Total $7,105
Professional care and treatment:
Salaries $22,395
Current expenses 7,010
Total 29,405
Custodial care:
Salaries $10,935
Current expenses 28,340
Total 39,275
314 Chapter 217 [1943
Operation of plant:
Salaries $9,490
Current expenses 11,006
Total $20,496
Maintenance of plant 3,300
Agriculture :
Salaries $3,170
Current expenses 2,550
Total $5,720
Less revenue 500
Net appropriation 5.220
Total state sanatorium $104,801
For milk control board:
Salaries $8,550
Travel expenses 2,000
Other current expenses 1,750
Total milk control board $12,300
For probation department :
Salary of director $4,000
Salaries of seven probation
officers 12,400
Other salaries 12,296
Travel expenses 6,000
Other current expenses 3,605
Total probation department $38,301
For water resources board:
Administration :
Salaries $2,850
Less revenue 2,850
Net appropriation 00
1943] Chapter 217 315
Water control commission:
Salaries $3,750
Travel expenses 250
Other current expenses 500
Total $4,500
Stream flow gauging* $7,500
Less transfer from highway
funds 2,750
Net appropriation ; 4,750
Total water resources board $9,250
For board of education :
Administration :
Salaries $42,500
Travel expenses 3,200
Other current expenses 9,250
Total $54,950
Smith-Hughes :
Salaries $3,712.50
Travel expenses 800
Other current expenses 100
Total 4,612.50
George Deen;
Salaries $2,450
Travel expenses 750
Other current expenses 500
Total 3,700
Vocational rehabilitation :
Salaries $2,625
Travel expenses 800
Other current expenses 6,100
Total 9,525
* Of the sum herein appropriated for stream flow
gaug-inj2: stations, the sum of $2,750 shall be a charge
upon the highway funds.
316 Chapter 217 [1943
Equalization fund $396,000
Superintendents' salaries 195,000
Conferences 1,000
Education of deaf 17,000
Plymouth teachers college:
Salaries $64,850
Travel expenses 400
Other current expenses 38,275
Total 103,525
Keene teachers college:
Salaries $127,900
Travel expenses 350
Other current expenses 68,850
Total 197,100
Total appropriation available for ex-
penditure $982,412.50
The revenues estimated as follows shall be
applied to the above appropriation:
Per capita tax $156,000
Literary fund 36,000
Unorganized places 6,478
Rebate ($3.50 tax) 6,500
Excess superintendents' salaries 95,000
Keene teachers college (tuition
and board) 84,570
Plymouth teachers college (tui-
tion and board) 40,500
Total estimated revenue 425,048
Net appropriation board of education. . $557,364.50
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 44,
chapter 135 of the Revised 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
1943] Chapter 217 317
available for use for maintenance purposes the following year
by and with the consent of the governor and council.
For state department of health :
Office of state health officer:
Salary of state health officer* $4,000
Other salaries 2,420
Travel expenses^ 300
Other current expenses 2,530
Total $9,250
Vital statistics:
Salaries $5,010
Current expenses 800
Total 5,810
Public health nursing:
Salaries $12,900
Travel expenses 3,200
Other current expenses 140
Total 16,240
Epidemiology and venereal diseases :
Salaries $6,780
Travel expenses 500
Other current expenses 2,400
Total 9,680
Board of registration in medicine:
Salaries $100
Travel expenses 200
Other current expenses 452
Total $752
Less revenue 752
Net appropriation 00
Bacteriology and serology:
Salaries $8,120
Travel expenses 50
Other current expenses 3,850
Total 12,020
* See also rhaptor 215, ante.
318 Chapter 217 [1943
Chemistry and sanitation:
Salaries $19,410
Travel expenses 2,400
Other current expenses 2,362
Total $24,172
Maternal and child health and
crippled childrens' services:
Salaries $12,505
Travel expenses 1,600
Other current expenses 3,500
Total 17,605
Industrial hygiene 500
Aid to tubercular persons 60,000
Total board of health $155,277
Any balance in the before mentioned appropriation for aid
to tubercular persons remaining unexpended on June 80, 1944,
shall not lapse but shall be for the further use of the state
department of health for such aid.
For department of public welfare :
Administration :
Salary of director $4,000
Other salaries 39,992
Travel expenses 3,000
Other current expenses 15,085
Total $62,077
State services:
Salaries $8,170
Travel expenses 1,800
Other current expenses 390
Total 10,360
Field services:
Salaries $131,095
Travel expenses 18,800
Other current expenses 22,755
Total 172,650
1943] Chapter 217 319
School lunches and stamp plan liquidation. . $1,000
Blind administration and services :
Salaries $8,295
Travel expenses 2,200
Other current expenses 1,625
Total 12,120
Workshop for the blind 25,633
Burial of soldiers and sailors 5,000
Sight conservation 5,500
Education of blind 11,400
Aid to needy blind 106,330
John Nesmith fund 3,700
Old age assistance 2,401,610
Aid to dependent children 637,116
Enemy aliens 1,000
Civilian war aid 2,000
Total department of public welfare .... $3,457,496
Less revenue $2,112,962
Less portion of balance. . . 169,534 2,282,496
Net appropriation $1,175,000
In this department any balances, including the balances of
the stamp plan revolving fund, which may be unexpended shall
not lapse but shall be for the further use of the department.
For bank commission:
Salary of commissioner $5,000
Salary of deputy commissioners 6,000
Other salaries 18,875
Travel expenses 6,500
Other current expenses 3,900
Total $40,275
Less revenue 2,000
Net appropriation $38,275
320 Chapter 217 [1943
For cancer commission:
Salaries $13,500
Travel expenses 500
Other current expenses 27,515
Total $41,515
Less revenue 9,800
Net appropriation $31,715
For planning and development commission:
Administration :
Salary of director $4,000
Salary of assistant director. . 3,600
Salary of publicity director. . 4,000
Other salaries 36,188
Travel expenses 3,500
Other current expenses 42,300
Total $93,588
Less revenue 2,800
Net appropriation $90,788
Tourist service 1,000
Regional associations** 12,500
Land use board 250
Wood waste utilization* 2,500
Total planning and development $107,038
** 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 com-
mission. Any unexpended portion of this appropriation
shall lapse and shall not be transferred to any other state
appropriation.
* The above appropriation for wood waste utilization
is made available 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 purpose.
Provided the war ends during the fiscal year ending
June 30, 1944, in addition to the above appropriation,
there is hereby appropriated $10,000 to be used for
additional publicity with the approval of the governor
and council, the same to be a charge upon the funds
provided by chapter 176, Laws of 1943.
1943] Chapter 217 321
For public service commission:
Salaries of three commissioners $15,000
Other salaries 34,950
Travel expenses 4,500
Other current expenses 19,650
Total $74,100
Less revenue 20,720
Net appropriation public
service commission $53,380
For state tax commission:
Office of commission:
Salaries of commissioners. . . . $10,000
Other salaries 8,900
Travel expenses 1,600
Other current expenses 5,060
Total $25,560
Municipal accounting division:
Salary of director $3,250
Other salaries 11,775
Travel expenses 4,000
Other current expenses 1,750
Total $20,775
Less revenue 5,000
Net appropriation 15,775
Assessment of intangible tax :
Salary of director $2,750
Other salaries 5,500
Travel expenses 200
Other current expenses 2,000
Total $10,450
Less revenue 10,450
Net appropriation 00
322 Chapter 217 [1943
Tobacco products tax:
Salary of director $3,000
Other salaries 13,200
Travel expenses 7,500
Other current expenses 13,900
. Total $37,600
Assessment of gas and electric
utilities tax:
Salaries $1,850
Travel expenses 50
Other current expenses 100
Total $2,000
Less revenue 2,000
Net appropriation 00
Total tax commission $78,935
For pharmacy commission:
Salaries $1,600
Travel expenses 300
Other current expenses 550
Total pharmacy commission $2,450
For aeronautics commission:
Salaries $3,730
Travel expenses 500
Other current expenses 2,225
Total $6,455
Less revenue 2,600
Net appropriation $3,855
For state police:
Salary of superintendent $4,000
Salary of deputy superintendent 3,500
Salary of captain and lieutenants 15,650
Other salaries 127,215
Travel expenses 9,000
Other current expenses 64,250
Total $223,615
1943] Chapter 217 323
Less transfer from highway
funds $190,000
Net appropriation $88,615
For board of optometry $705
For board of chiropractors $765
For registration of veterinary surgeons $100
For commission of arts and crafts $7,500
For firemen's retirement board $20,000
For teachers' retirement board $20,000
For poHcemen's retirement board $30,000
For state house annex sinking fund $25,712
For board of accountancy $500
Less revenue 500
Net appropriation 00
For barbers' board $4,970
Less revenue 8,170
Net appropriation $1,800
For hairdressers' board $5,000
Less revenue 5,000
Net appropriation 00
For prison industries $53,780
Less revenue 58,780
Net appropriation 00
For fish and game department:
Commission $805
Conservation :
Salaries $39,660
Travel expenses 26,000
Other current expenses 3,278
Total 68,938
Bob cat bounties 2,580
Damage :
Salaries $1,590
Travel expenses 250
Other current expenses 2,955
Total 4,795
324 Chapter 217 [1943
Office of director :
Salary of director $4,000
Other salaries 8,859
Travel expenses 1,200
Other current expenses 11,331
Total $25,390
Education :
Salaries $500
Travel expenses 300
Other current expenses 175
Total 975
Research :
Salaries $2,836
Travel expenses 1,000
Other current expenses 660
Total 4,496
Propagation of fish:
Salaries $42,556.50
Travel expenses 1,500.00
Other current expenses 51,700.00
Total 95,756.50
Propagation of game 6,635
Pittman-Robertson 1,370
Total $211,240.50
Less estimated revenue $209,374.74
Less portion of balance . . . 1,865.76 211,240.50
Net appropriation 00
If the said estimated income of the fish and game fund
is less than the above estimate of $209,374.74, a sum sufficient
to make the total equal $209,374.74 is hereby appropriated
from the general funds.
1943] Chapter 217 325
For motor vehicle department:
Administration :
Salary of commissioner $4,000
Salary of deputy commissioner 3,500
Other salaries 65,475
Travel expenses 600
Other current expenses 63,400
Total $136,975
Gasoline toll division :
Salaries $8,190
Travel expenses 2,500
Other current expenses 970
Total 11'660
Motor vehicle patrol :
Salaries of inspectors $16,425
Fees 500
Travel expenses 9,100
Other current expenses 650
Total 26,675
Total motor vehicle department $175,310
Less revenue 175,310
Net appropriation
00
For racing commission:
Salaries $27,750
Travel expenses 2,000
Other current expenses 1,850
Total $31,600
Less revenue 31,600
Net appropriation ^^
326 Chapter 217 [194^
For liquor commission:
Liquor administration :
Salaries $48,790
Travel expenses 3,000
Other current expenses 19,500
Total $71,290
Beer administration :
Salaries $56,780
Travel expenses 19,000
Other current expenses 9,350
Total 85,130
Liquor enforcement:
Salaries $13,050
Travel expenses 5,500
Other current expenses 385
Total 18,935
Stores :
Salaries $233,500
Travel expenses 4,000
Other current expenses 137,000
Total 374,500
Warehouse :
Salaries $30,405
Travel expenses 100
Other current expenses 26,300
Total 56,805
Total liquor commission $606,660
Less revenue $606,660
Net appropriation 00
1943] Chapter 218 327
For aerial tramway commission:
Salaries $21,600
Travel expenses 500
Other current expenses 13,525
Total $35,625
Less revenue 35,625
Net appropriation 00
For the governor and council for distribution to
departments and institutions, in addition to
the sums hereinbefore set forth as salaries
of employees and officials, the following
sum, or so much thereof as may be
necessary, to cover temporary salary in-
creases as provided by the act of the 1943
legislature $322,693.05
Less estimated revenue avail-
able for said purposes .... 79,033.65
Net appropriation $243,659.40
Total net appropriation $5,998,809.87
2. Takes Effect. This act shall take effect July 1, 1943.
[Approved May 20, 1943.]
CHAPTER 218.
AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE
STATE OF NEW HAMPSHIRE FOR THE YEAR ENDING
JUNE 30, 1945.
Be it enacted by the Semite 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, 1945
to wit :
328 Chapter 218 [1943
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 g-overnments $500
For the executive department:
Office of the governor:
Salary of governor $5,000
Salary of secretary 3,000
Other salaries 5,000
Travel expenses 1,200
Other current expenses 2,970
Total $17,170
Council :
Per diem $3,500
Travel expenses 3,000
Other current expenses 70
Total 6,570
Contingent fund 5,000
Emergency and emergency defense fund . . . 85,000
Total executive department $113,740
For judicial branch:
Supreme court:
Salaries of judges $35,000
Salary of clerk of court .... 3,200
Other salaries 3,600
Current expenses 3,100
Printing New Hampshire re-
ports 2,500
Total $47,400
Less revenue 50
Net appropriation $47,350
1943] Chapter 218 329
Superior court:
Salaries of judges $42,000
Other salaries 200
Current expenses 7,800
Total $50,000
Referees and masters:
Salaries of referees and
masters $6,000
Current expenses 1,000
Total 7,000
Probate court:
Salaries of judges $17,600
Salaries of registers and
deputies 20,300
Total 37,900
Total judicial branch $142,250
For adjutant general's department:
Office of adjutant general:
Salaries $3,600
Current expenses 1,075
Total $4,675
Armories :
Salaries $19,250
Current expenses 19,895
Total $39,145
Less revenue 300
Net appropriation 38,845
Rifle ranges — current expenses 1,200
War service recognition 600
330 Chapter 218 [1943
State Guard:
Salaries $12,000
Travel expenses 3,500
Other current expenses 7,950
Total $23,450
Total adjutant general's department . . $68,770
i' department of agriculture:
Office of commissioner :
Salary of commissioner
$3,500
Other salaries
6,036
Travel expenses
1,100
Other current expenses
11,915
Total
$22,551
New Hampshire Horticultural Society
1,000
Granite State Dairymen's Association ....
500
New Hampshire Sheep Breeders' Asso-
ciation
250
Division of animal industry:
Salary of state veterinarian..
$3,500
Salary of field veterinarian . .
2,575
Salary of appraiser
2,500
Salary of dairy inspector . . .
2,750
Other salaries
12,248
4,500
Travel expenses
Other current expenses
3,950
Tubercular testing
45,000
Veterinarian services other
than testing epidemics and
inspections
2,850
Laboratory fees for testing
blood and pullorum
15,000
Total
94.873
1943] Chapter 218 331
Bureau of markets :
Salary of director $2,400
Other salaries 5,029
Travel expenses 1,400
Other current expenses 7,928
Rodent control 300
Grants and contributions .... 1,100
Total $18,157
Insect and plant disease control:
Salary of deputy commissioner $1,600
Other salaries 9,100
Travel expenses 1,650
Other current expenses 1,378
Total 13,728
Total department of agriculture $151,059
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 accountant 1,500
Other salaries 4,700
Travel expenses 900
Other current expenses 2,450
Fees to registers of probate .... 4,250
Legacy tax current expenses . . 1,000
Total attorney general's department . . $28,800
For comptroller's department:
Office of comptroller:
Salary of comptroller $5,000
Other salaries 20,345
Travel expenses 600
Other current expenses 3,050
Total $28,995
332 Chapter 218 [1943
Grants :
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
Mount Washington Observatory 1,200
Travel bureau:
Salary of director $2,400
Other salaries 3,200
Current expenses 18,800
Total $24,400
Less estimated revenue . . . 24,400
Net appropriation 00
Total comptroller's department $38,045
For forestry and recreation department:
Administration :
Salary of state forester .... $3,500
Salary of assistant state
forester 2,500
Other salaries 8,850
Travel expenses 600
Other current expenses 3,585
Total $19,035
Nursery :
Salaries $4,500
Current expenses 1,950
Total 6,450
Reforestation :
Salaries $1,500
Travel expenses 700
Total 2,200
1943] Chapter 218 333
District fire supervision:
Salaries $5,300
Travel expenses 2,300
Other current expenses 400
Total $8,000
Recreation :
Salary of director $2,200
Other salaries 16,900
Travel expenses 400
Other current expenses 3,760
Total $23,260
Less estimated revenue . . . 9,000
Net appropriation 14,260
Lookout stations 14,000
Wardens training 1,000
Prevention of fires:
Salaries $1,100
Travel expenses 50
Other current expenses 4,000
Total 5,150
Forest fire bills to towns 7,500
White pine blister rust:
Salaries $5,945
Current expenses 230
Total 6,175
Saw mills :
Travel expenses $250
Other current expenses 500
Total 750
334 Chapter 218 [1943
Federal emergency program:
Salaries $2,000
Travel expenses 100
Other current expenses 300
Total $2,400
Total forestry and recreation depart-
ment $86,920
For insurance department:
Salary of commissioner $5,000
Salary of deputy commissioner* 2,200
Other salaries 12,800
Travel expenses 400
Other current expenses 4,525
Total insurance department $24,925
For bureau of labor:
Office of commissioner:
Salary of commissioner $4,000
Other salaries 6,125
Travel expenses 800
Other current expenses 2,130
Total $13,055
Minimum wage division:
Salaries of investigators $4,500
Other salaries 2,050
Travel expenses 2,400
Other current expenses 850
Total 9,800
Factory inspection:
Salaries of inspectors $6,250
Other salaries 1,500
Travel expenses 2,400
Other current expenses 475
Total ./ 10,625
Total bureau of labor $33,480
* See also chapter 206, ante.
1943] Chapter 218 335
For purchasing agent :
Salary of purchasing agent .... $4,000
Other salaries 9,550
Travel expenses 150
Other current expenses 1,860
Total purchasing agent $15,560
For state department:
Office of secretary:
Salary of secretary* $4,000
Salary of deputy secretary . . 2,700
Other salaries 7,500
Travel expenses 400
Other current expenses 1,500
Total $16,100
Direct primary 18,710
Australian ballot:
Salaries $1,300
Travel expenses 75
Other current expenses 24,300
Total 25,675
Photostat department :
Salary of technician $1,950
Other salaries 50
Current expenses 380
Total 2,380
Total state department $57,865
For department of buildings and grounds :
Salary of superintendent $2,500
Other salaries 62,003
Travel expenses 75
Other current expenses 45,125
Total $109,703
* See also chapter 207, ante.
336 Chapter 218 [194^
Franklin Pierce Homestead $410
Daniel Webster Birthplace 600
Mailing division:
Salaries $3,368
Current expenses 500
Total 3,868
Total buildings and grounds depart-
ment $114,581
For state library:
Salary of librarian $2,500
Salary of assistant librarian . . 2,000
Other salaries 20,316
Travel expenses 300
Other current expenses 12,965
Total $38,081
Traveling libraries 4,500
Field work and travel expenses . . $1,100
Other current expenses 658
Total 1,758
State aid 1,000
Total state library $45,339
For treasury department:
Office of treasurer :
Salary of treasurer* $4,000
Salary of deputy treasurer . . 2,700
Other salaries 14,570
Travel expenses 200
Other current expenses 4,455
Total $25,925
* See also chapter 213, ante.
1943] Chapter 218 337
Intangible tax division:
Salaries $1,950
Travel expenses 150
Other current expenses 280
Total $2,380
Less revenue 2,380
Net appropriation 00
Highway services:
Salaries $3,800
Current expenses 1,450
Total $5,250
Less transfer highway funds 5,250
Net appropriation 00
Trust fund obligations 40,801.48
Bounties 3,500
Total treasury department $70,226.48
For departments of weights and measures:
Salary of commissioner $3,000
Salaries of inspectors 8,000
Other salaries 2,310
Travel expenses 3,500
Other current expenses 1,635
Total weights and measures $18,445
For University of New Hampshire:
Maintenance, Revised Laws,
chapter 222, section 18 $571,418.49
Extension work under Smith-
Lever act 36,000
Total University of New Hampshire. . . $607,418.49
338 Chapter 218 [1943
For industrial school:
Administration :
Salary of superintendent .... $4,000
Other salaries 3,250
Travel expenses 400
Other current expenses 1,790
Total $9,440
Instruction :
Salaries $5,400
Current expenses 925
Total 6,325
Custodial care:
Salaries $22,130
Current expenses 18,400
Total 40,530
Auxiliary to custodial care 550
Operation of plant:
Salaries $1,740
Current expenses 15,900
Total 17,640
Maintenance of plant :
Salaries $2,880
Current expenses 1,750
Total 4,630
Agriculture :
Salaries $2,495
Current expenses 11,750
Total $14,245
Less revenue 600
Net appropriation 13,645
1943] Chapter 218 339
Parole officer:
Salaries $1,000
Travel expenses 600
Other current expenses 125
Total $1,725
Total industrial school $94,485
For Laconia state school:
Administration :
Salary of superintendent .... $4,000
Other salaries 8,510
Travel expenses 1,000
Other travel expenses 1,138
Total $14,648
Professional care and treatment:
Salaries $58,439
Travel expenses 50
Other current expenses 3,825
Total 62,314
Custodial care:
Salaries $13,475
Travel expenses 25
Other current expenses 81,000
Total 94,500
Operation of plant :
Salaries $5,938
Current expenses 30,475
Total 36,413
Maintenance of plant:
Salaries $8,034
Current expenses 5,795
Total 13,829
340 Chapter 218 [1943
Agriculture :
Salaries $19,839
Travel expenses 15
Other current expenses 23,485
Total $43,339
Less revenue 1,330
Net appropriation $42,009
Total Laconia state school $263,713
For New Hampshire state hospital:
Administration :
Salary of superintendent .... $5,000
Other salaries 35,092
Travel expenses 225
Other current expenses 8,750
Total $49,067
Professional care and treatment:
Salaries $236,180
Travel expenses 2,400
Other current expenses 40,310
Total 278,890
Custodial care:
Salaries $84,175
Current expenses 335,125
Total 419,300
Operation of plant:
Salaries $29,299
Travel expenses 400
Other current expenses 112,469
Total 142,168
Maintenance of plant:
Salaries $50,000
Travel expenses 65
Other current expenses 11,210
Total 61,275
1943] Chapter 218 341
Agriculture :
Salaries $16,275
Current expenses 37,406
Total $53,681
Less revenue 7,200
Net appropriation $46,481
Total state hospital $997,181
For soldiers' home:
Office of commandant:
Salaries $200
Salary of commandant 1,800
Travel expenses 70
Other current expenses 280
Total $2,350
Custodial care:
Salaries $5,200
Current expenses 7,525
Total 12,725
Professional care and treatment:
Salaries $3,520
Current expenses 500
Total 4,020
Operation of plant:
Salaries $1,960
Current expenses 3,575
Total 5,535
Maintenance of plant 910
Agriculture :
Salaries $1,375
Current expenses 1,085
Total 2,460
Total soldiers' home $28,000
342 Chapter 218 [1943
For state prison:
Administration :
Salary of warden $3,250
Other salaries 4,030
Travel expenses 500
Other current expenses 805
Total $8,585
Instruction 2,000
Custodial care:
Salaries $60,794
Current expenses 62,300
Total 123,094
Auxiliary care:
Salaries $9,675
Current expenses 4,000
Total 13,675
Operation of plant :
Salaries $3,357
Current expenses 8,000
Total 11,357
Maintenance of plant 3,275
Agriculture :
Salaries $2,130
Current expenses 10,100
Total 12,230
Parole office:
Salaries $5,590
Travel expenses 1,800
Other current expenses 1,485
Total 8,875
Total state prison '. $183,091
Less estimated revenue 16,166
Net appropriation state prison $166,925
1943] Chapter 218 343
For state sanatorium:
Administration :
Salary of superintendent .... $4,000
Other salaries 1,610
Travel expenses 600
Other current expenses 1,075
Total $7,285
Professional care and treatment:
Salaries $22,395
Current expenses 7,010
Total 29,405
Custodial care:
Salaries $10,935
Current expenses 28,340
Total 39,275
Operation of plant:
Salaries $9,490
Current expenses 11,006
Total 20,496
Maintenance of plant 3,300
Agriculture :
Salaries $3,170
Current expenses 2,550
Total $5,720
Less revenue 500
Net appropriation 5,220
Total state sanatorium $104,981
For milk control board:
Salaries $8,650
Travel expenses 2,000
Other current expenses 1,750
Total milk control board $12,400
344 Chapter 218 [1943
For probation department:
Salary of director $4,000
Salaries of 7 probation officers. . 12,400
Other salaries 12,746
Travel expenses 6,000
Other current expenses 4,105
Total probation department $39,251
For water resources board:
Administration :
Salaries $2,850
Less revenue 2,850
Net appropriation 00
Water control commission :
Salaries $3,750
Travel expenses 250
Other current expenses 500
Total 4,500
Stream Flow Gauging* $7,500
Less transfer from highway
funds 2,750
Net appropriation 4,750
Total water resources board $9,250
For board of education:
Administration :
Salaries $42,650
Travel expenses 3,200
Other current expenses 9,450
Total $55,300
Smith-Hughes :
Salaries $3,712.50
Travel expenses 800,00
Other current expenses 100.00
Total 4,612.50
* Of the sum herein appropriated for stream flow gauging
stations, the sum of $2,750 shall be a charge upon the
highway funds.
1943] Chapter 218 345
George Deen:
Salaries $2,450
Travel expenses 750
Other current expenses 500
Total $3,700
Vocational rehabilitation :
Salaries $2,650
Travel expenses 800
Other current expenses 6,100
Total 9,550
Equalization fund 396,000
Superintendents' salaries 195,000
Conferences 1,000
Education of deaf 17,000
Plymouth teachers college :
Salaries $69,150
Travel expenses 400
Other current expenses 41,675
Total 111,225
Keene teachers college:
Salaries $123,730
Travel expenses 350
Other current expenses 65,100
Total 189,180
Total appropriation available for ex-
penditure $982,567.50
The revenues estimated as follows shall be
applied to the above appropriation:
Per capita tax $156,000
Literary fund 36,000
Unorganized places 6,478
Pvebate ($3.50 tax) 6,500
346 Chapter 218 [1943
Excess superintendents'
salaries $95,000
Keene teachers college (tuition
and board) 48,500
Plymouth teachers college
(tuition and board) 78,120
Total estimated revenue $426,598
Net appropriation board of education. . $555,969.50
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 44,
chapter 135 of the Revised 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 state department of health:
Office of state health officer:
Salary of state health officer* $4,000
Other salaries 2,520
Travel expenses 300
Other current expenses 3,530
Total $10,350
Vital statistics:
Salaries $5,110
Current expenses 800
Total 5,910
Public health nursing:
Salaries $12,900
Travel expenses 3,200
Other current expenses 140
Total 16,240
* See also chapter 215, ante.
1943] Chapter 218 347
Epidemiology and venereal diseases:
Salaries $6,830
Travel expenses 500
Other current expenses 2,400
Total $9,730
Board of registration in medicine :
Salaries $100
Travel expenses 200
Other current expenses 452
Total $752
Less estimated revenue . . . 752
Net appropriation ^"
Bacteriology and serology:
Salaries $8,220
Travel expenses 50
Other current expenses 3,850
Total 12,120
Chemistry and sanitation:
Salaries $19,460
Travel expenses 2,400
Other current expenses 2,362
Total 24,222
Maternal and child health and
crippled children's services:
Salaries $12,555
Travel expenses 1,600
Other current expenses 3,500
Total 17,655
Industrial hygiene 500
Aid to tubercular persons 65,000
Total board of health $161,727
Any balance in the before mentioned appro-
priation for aid to tubercular persons remaining
348 Chapter 218 [194.^
unexpended on June 30, 1945, shall not lapse but
shall be for the further use of the state depart-
ment of health for such aid.
For department of public welfare:
Administration :
Salary of director $4,000
Other salaries 40,652
Travel expenses 3,000
Other current expenses 15,085
Total $62,737
State services:
Salaries $8,320
Travel expenses 1,800
Other current expenses 395
Total 10,515
Field services:
Salaries $134,745
Travel expenses 18,800
Other current expenses 22,905
Total 176,450
School lunches and stamp plan liquidation . . 1,000
Blind administration and services:
Salaries $8,395
Travel expenses 2,200
Other current expenses 1,625
Total 12,220
Burial of soldiers and sailors 5,000
Workshop for the Wind 25,743
Sight conservation 5,500
Education of blind 11,400
Aid to needy blind 111,218
John Nesmith fund 3,700
Old age assistance 2,459,170
Aid to dependent children 708,676
1943] Chapter 218 349
Enemy aliens $1,000
Civilian war aid 2,000
Total department of public welfare $3,596,329
Less revenue $2,181,237
Less portion of balance. . 240,092 2,421,329
Net appropriation $1,175,000
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
Other salaries 18,875
Travel expenses 6,500
Other current expenses 3,850
Total $40,225
Less estimated revenue . . . 2,000
Net appropriation $38,225
For cancer commission:
Salaries $13,500
Travel expenses 500
Other current expenses 27,515
Total $41,515
Less revenue 9,800
Net appropriation $31,715
For planning and development commission :
Administration :
Salary of director $4,000
Salary of assistant director. . 3,600
Salary of publicity director. . 4,000
350 Chapter 218 [1943
Other salaries $36,838
Travel expenses 3,500
Other current expenses 42,300
Total $94,238
Less revenue 2,800
Net appropriation $91,438
Tourist service 1,000
Regional associations** 12,500
Land use board 250
Wood waste utilization* 2,500
Total planning and development $107,688
For public service commission:
Salaries of three commissioners $15,000
Other salaries 35,350
Travel expenses 4,500
Other current expenses 20,150
Total $75,000
Less revenue 23,837
Net appropriation public service $51,163
** 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.
* The above appropriation for wood waste titilization is
made available provided and not until there is paid into
the state treasury by subscription from the wood working
industry of this state and other interested subscribers a like
sum for the same purpose.
Provided the war ends during the fiscal year ending
June 30, 1945, in addition to the above appropriation, there
is hereby appropriated $10,000 to be used for additional
publicity with the approval of the governor and council,
the same to be a charge upon the funds provided by
chapter 176, Laws of 1943.
1943] Chapter 218 351
For state tax commission :
Office of commission:
Salaries of commissioners .... $10,000
Other salaries 8,900
Travel expenses 1,600
Other current expenses 5,060
Total $25,560
Municipal accounting division:
Salary of director $3,250
Other salaries 11,825
Travel expenses 4,000
Other current expenses 1,750
Total $20,825
Less revenue 5,000
Net appropriation 15,825
Assessment of intangible tax:
Salary of director $2,750
Other salaries 5,600
Travel expenses 200
Other current expenses 2,000
Total $10,550
Less revenue 10,550
Net appropriation 00
Tobacco products tax :
Salary of director $3,000
Other salaries 13,300
Travel expenses 7,500
Other current expenses 13,900
Total 37,700
352 Chapter 218 [1943
Assessment of gas and electric
utilities tax :
Salaries $1,850
Travel expenses 50
Other current expenses 100
Total $2,000
Less revenue 2,000
Net appropriation 00
Total tax commission $79,085
For pharmacy commission:
Salaries $1,600
Travel expenses 300
Other current expenses 550
Total pharmacy commission $2,450
For aeronautics commission:
Salaries $3,780
Travel expenses 500
Other current expenses 2,225
Total $6,505
Less revenue 2,600
Net appropriation $3,905
For state police:
Salary of superintendent $4,000
Salary of deputy superintendent . 3,500
Salary of captain and lieutenants 15,650
Other salaries 127,465
Travel expenses 9,000
Other current expenses 64,250
Total $223,865
Less transfer from highway
funds 190,000
Net appropriation $33,865
1943] Chapter 218 ' 353
For board of optometry $705
For board of chiropractors $765
For registration of veterinary surgeons $100
For commission of arts and crafts $7,500
For firemen's retirement board ' $20,000
For teachers' retirement board $20,000
For policemen's retirement board $30,000
For state house annex sinking fund $25,112
For board of accountancy $500
Less revenue 500
Net appropriation 00
For barbers' board $4,970
Less revenue 3,170
Net appropriation $1,800
For hairdressers' board $5,000
Less revenue 5,000
Net appropriation 00
For prison industries $53,780
Less revenue 53,780
Net appropriation 00
For fish and game department:
Commission $305
Conservation :
Salaries $39,660
Travel expenses 26,000
Other current expenses 6,653
Total 72,313
Bob cat bounties 2,580
Damage :
Salaries $1,590
Travel expenses 250
Other current expenses 2,955
Total 4,795
354 Chapter 218 [1943
Office of director :
Salary of director $4,000
Other salaries 8,859
Travel expenses 1,200
Other current expenses 11,331
Total $25,390
Education :
Salaries $500
Travel expenses 800
Other current expenses 385
Total 1,685
Research :
Salaries $2,836
Travel expenses 1,000
Other current expenses 660
Total 4,496
Propagation of fish:
Salaries $42,556.50
Travel expenses 1,500
Other current expenses 51,700
Total 95,756.50
Propagation of game 6,635
Pittman-Robertson 1,370
Total $215,325.50
Less revenue $209,374.74
Less portion of balance 5,950.76 215,325.50
Net appropriation 00
If the said estimated income of the fish and game fund is
less than the above estimate of $209,374.74 a sum sufficient
to make the total equal $209,374.74 is hereby appropriated
from the general funds.
1943] Chapter 218 355
For motor vehicle department:
Administration :
Salary of commissioner §4,000
Salary of deputy commissioner 3,500
Other salaries 67,075
Travel expenses 600
Other current expenses 61,400
Total $136,575
Gasoline toll division :
Salaries $8,240
Travel expenses 2,500
Other current expenses 970
Total 11,710
Motor vehicle patrol:
Salaries of inspectors $16,425
Fees 500
Travel expenses 9,100
Other current expenses 650
Total 26,675
Total motor vehicle department $174,960
Less revenue 174,960
Net appropriation 00
For racing commission:
Salaries $27,750
Travel expenses 2,000
Other current expenses 1,850
Total $31,600
Less revenue 31,600
Net appropriation 00
For liquor commission:
Liquor administration :
Salaries $49,440
Travel expenses 3,000
Other current expenses 19,500
Total $71,940
356 Chapter 218 [1943
Beer administration:
Salaries $56,955
Travel expenses 19,000
Other current expenses 9,350
Total .. $85,305
Liquor enforcement : .
Salaries $13,075
Travel expenses 5,500
Other current expenses 385
Total 18,960
Stores :
Salaries $233,500
Travel expenses 4,000
Other current expenses 137,000
Total 374,500
Warehouse :
Salaries $30,705
Travel expenses 100
Other current expenses 26,300
Total 57,105
Total liquor commission $607,810
Less revenue 607,810
Net appropriation 00
For aerial tramway commission :
Salaries $21,600
Travel expenses 500
Other current expenses 14,225
Total $36,325
Less revenue 36,325
Net appropriation 00
1943] Chapters 219, 220 357
For the governor and council for distribution to
departments and institutions, in addition to
the sums hereinbefore set forth as salaries
of employees and officials, the following
sum, or so much thereof as may be
necessary, to cover temporary salary in-
creases as provided by the act of the 1943
legislature . $322,693.05
Less estimated revenue
available for said pur-
poses 79,033.65
Net appropriation $243,659.40
Total net appropriation $6,049,543.87
2. Takes Effect. This act shall take effect July 1, 1944.
[Approved May 20, 1943.]
CHAPTER 219.
JOINT RESOLUTION EXTENDING A CERTAIN APPROPRIATION FOR
CERTAIN GRADE CROSSINGS IN DALTON AND WHITEFIELD.
Resolved by the Senate and House of Representatives hi
General Court convened:
That the appropriation made by chapter 252 of the Laws
of 1941, for the elimination of certain grade crossings in the
towns of Dalton and Whitefield, shall not lapse but shall be
available for the purposes of said chapter until July 1, 1945.
[Approved February 23, 1943.]
CHAPTER 220.
JOINT RESOLUTION IN FAVOR OF HERBERT C. GLIDDEN ESTATE.
Resolved by the Senate and Hov^e of Representatives in
General Court convened:
That the sum of eight hundred seventy-five dollars and
forty-four cents ($875.44) be allowed and paid to the ad-
ministrator d. b. n. of the estate of Plerbert C. Glidden, late
358 Chapters 221, 222 [1943
of Barnstead, for distribution to the heirs of said estate as
may be decreed by the probate court of Belknap county, said
sum being the proceeds of amount received by the state from
said estate by order of the court. The governor is hereby
authorized to draw his warrant for said sum out of any
money in the treasury not otherwise appropriated.
[Approved March 3, 1943.]
CHAPTER 221.
JOINT RESOLUTION RELATIVE TO A FEDERAL PAY-AS-YOU-GO PLAN
OF TAXATION.
Whereas, the burden of taxation placed upon the people of
this country is very heavy under the present federal statutes,
and
Whereas, some plan should be adopted to distribute this
tax in an equitable manner, now therefore be it
Resolved by the Senate and House of Representatives in
General Court convened:
That the Congress of the United States be and hereby is
urged to proceed at once to enact the so-called Ruml, or other
similar pay-as-you-go, plan for paying taxes on present in-
come, and be it further
Resolved, that copies of this resolution be transmitted by
the secretary of state to the New Hampshire senators and
representatives in Congress and to the President of the United
States Senate and Speaker of the House of Representatives,
in Washington.
[Approved March 16, 1943.]
CHAPTER 222.
JOINT resolution IN FAVOR OF ROLAND VAUTOUR.
Resolved by the Senate and House of Representatives in
General Court convened:
That the sum of four hundred and sixteen dollars and fifty
cents be and hereby is appropriated to Arthur Vautour of
Berlin to reimburse him for expenses for his minor son,
Roland Vautour, who was injured on January 21, 1940, in
1943] Chapters 223, 224 359
connection with war maneuvers for the National Guard in
Berlin. Said sum shall be in full settlement of any claim for
said accident by said minor or his father in his behalf and
shall be a charge upon the 1943 appropriation of the adjutant
general's department.
[Approved April 14, 1943.]
CHAPTER 223.
JOINT RESOLUTION PROVIDING FOR AN ENLARGEMENT OF THE
WILDLIFE EXHIBIT IN THE STATE HOUSE.
Resolved by the Senate and House of Representatives in
General Court convened:
That at the termination of the present war emergency, or
sooner if space is not required for use for defense or war
purposes, the governor and council shall provide for an en-
largement of the wildlife exhibit in the basement of the state
house, provided this additional exhibit can be installed at no
expense to the state. This addition shall occupy a space
fifteen feet more or less in width from the north wall of the
large recreation room, known as the men's lounge, said space
not to include a larger area than is at present used for the
warning center.
[Approved April 14, 1943.]
CHAPTER 224.
JOINT RESOLUTION TO COMPENSATE F. EARL THAYER FOR
SERVICES.
Resolved by the Senate and Hoiise of Representatives in
General Court convened:
That the sum of six hundred dollars ($600) be and hereby
is appropriated to compensate F. Earl Thayer of Woodsville,
in full, for services and expenses rendered as technical adviser
to the state prison industry commission created by Laws of
1931, chapter 156, in making an investigation of the printing
industry, and a report of said investigation to said commis-
360 Chapters 225, 226, 227 [1943
sion; and the governor is hereby authorized to draw his
warrant for said sum out of any money in the treasury not
otherwise appropriated.
[Approved April 26, 1943.]
CHAPTER 225.
JOINT RESOLUTION IN FAVOR OF LUCY W. TWEEDY.
Resolved by the Senate and House of Representatives in
General Court convened:
That the sum of eight hundred fifteen dollars and twenty-
five cents ($815.25) is hereby appropriated to Lucy W.
Tweedy of Washington, N. H. to reimburse her for expenses
incurred and loss of salary on account of an accident at the
state hospital on November 21, 1941. Said sum shall be in
full settlement of said claim and the governor is authorized
to draw his warrant for said sum out of any money in the
treasury not otherwise appropriated.
[Approved April 26, 1943.]
CHAPTER 226.
JOINT RESOLUTION IN FAVOR OF THE ESTATE OF
JOSEPH H. ROUGHER.
Resolved by the Senate and House of Representatives in
General Cotirt convened:
That the state treasurer be directed to pay to the estate of
the late Joseph H. Roucher the balance of salary due said
decedent as a member of the house of representatives.
[Approved May 5, 1943.]
CHAPTER 227.
JOINT RESOLUTION IN FAVOR OF MARIA MCDONOUGH.
Resolved by the Senate and House of Representatives in
General Court convened:
That the sum of four hundred eighty dollars and ninety
cents ($480.90) be and hereby is appropriated to Maria
1943] Chapters 228, 229 361
McDonough to reimburse her for expenses incurred as a re-
sult of an injury sustained on October 9, 1941, by her husband,
Thomas McDonough, now deceased, while working as janitor
at the state armory, Manchester. Said sum shall be in full
settlement of any claim for said accident by said Maria
McDonough, or the estate of Thomas McDonough, and the
governor is authorized to draw his warrant for said sum
from any money in the treasury otherwise not appropriated.
[Approved May 7, 1943.]
CHAPTER 228.
JOINT RESOLUTION PROVIDING AN APPROPRIATION FOR THE
TEACHERS' RETIREMENT SYSTEM.
Resolved by the Senate and Hoiise of Representatives in
General Court convened:
That the sum of eighteen thousand dollars ($18,000) is
hereby appropriated, for the purposes of the teachers' retire-
ment system, for each of the fiscal years ending June 30, 1944,
and June 30, 1945. The governor is hereby authorized to
draw his warrant for said sums out of any money in the
treasury not otherwise appropriated. The sums hereby appro-
priated shall be in addition to any sums appropriated for said
retirement system in the so-called budget acts.
[Approved May 10, 1943.]
CHAPTER 229.
JOINT RESOLUTION PROVIDING FOR A SPECIAL INTERIM COMMIS-
SION FOR THE STUDY OF TAXATION OF GROWING WOOD AND
TIMBER AND MEASURES TO CONSERVE AND INCREASE
THE FOREST RESOURCES OF THE STATE.
Resolved by the Senate and. House of Representatives in
General Court convened:
That the . governor, with the advice and consent of the
council, is hereby authorized and directed to appoint ten
competent persons to constitute a commission for the study
and analysis of public measures to assure greater productivity
of New Hampshire forests. The study shall include but not
362 Chapter 229 [1943
be limited to the problem of special taxation of growing wood
and timber as authorized by the recent amendment of the
constitution of the state. If it appears desirable to said com-
mission that measures to prevent wasteful methods in the
cutting of forest growth on private lands be inaugurated in
this state in order to conserve the forest resources, it shall
advise and recommend with reference thereto and if it con-
siders that said measures should be administered by local
boards as created by chapter 235 of the Revised Laws, it shall
advise as to any change in the creation and composition of
such boards. Said commission shall report to the 1945 legis-
lature measures which in its opinion are necessary to
effectuate the purposes of this resolution. Said commission
shall, as far as practical, be so composed as to give due repre-
sentation to the different sections of the state and the different
classes of interest, primarily, the conservationist, the small
woodland owner, the industrialist, the timber operator, and
the general public, but shall include ex oiflcio the chairman of
the state tax commission. The members of such commission
shall serve without salary but shall be reimbursed for their
actual expenses on official business. Said commission shall
have the power to purchase supplies and to employ clerical
and stenographic assistance, with the approval of the gover-
nor and council and within the limits of the appropriation
hereinafter provided. The commission shall request the state
tax commission to advise and assist it in securing basic data
and that may be required for its study and shall pay, from
the appropriation hereinafter provided, for any additional
field or office assistance which the tax commission may be re-
quired to employ to comply with the request of the interim
commission. The sum of four thousand dollars, for each of
the fiscal years ending June 30, 1944, and June 30, 1945, is
hereby appropriated for the interim commission hereby con-
stituted and the governor is authorized to draw his warrants
for the sums hereby appropriated out of any money in the
treasury not otherwise appropriated.
[Approved May 11, 1943.]
1943] Chapters 230, 231 363
CHAPTER 230.
JOINT RESOLUTION IN FAVOR OF FAMES OIL COMPANY.
Resolved by the Senate and Hottse of Representatives in
General Court convened:
That the sum of one thousand twenty-three dollars and
forty-eight cents ($1,023.48) be and hereby is appropriated
to reimburse the Eames Oil Company, of Littleton, for tax
heretofore paid by said company as road toll in excess of the
amounts due for said tax. The sum hereby appropriated
shall be in full settlement of the above claim. The sum here-
by appropriated shall be a charge upon the highway fund.
[Approved May 11, 1943.]
CHAPTER 231.
JOINT RESOLUTION PROVIDING FOR THE MAILING OF THE NEW
HAMPSHIRE TROUBADOUR TO RESIDENTS OF THE STATE
IN THE ARMED FORCES OF THE UNITED STATES.
Resolved by the S.enate and House of Representatives in
General Court convened:
That the sum of seven thousand five hundred dollars
($7,500) be and the same is hereby appropriated for the year
1944 and a like sum for the year 1945 for the purpose of
publishing and mailing the New Hampshire Troubadour to all
residents of the state of New Hampshire while they serve in
the armed forces of the United States, on condition that
names and addresses shall be submitted to the state planning
and development commission by recognized organizations who
shall correct their lists at least once each month. Said funds
shall be expended under the direction of the state planning
and development commission and any unexpended portion of
this appropriation shall lapse and shall not be transferred to
any other appropriation.
[Approved May 13, 1943.]
364 Chapters 232, 233, 234 [1943
CHAPTER 232.
JOINT RESOLUTION IN FAVOR OF PERCY S. EATON, TRUSTEE.
Resolved by the Senate and House of Representatives in
General Court convened:
That the sum of one hundred and sixteen dollars and
eighty-five cents ($116.85) is hereby appropriated to re-
imburse Percy S. Eaton of Manchester, trustee of the estate
of Horace J. Stone, for sums paid by him as such trustee as
income taxes in the years 1938, 1939 and 1940, on said estate,
which said sums were erroneously collected. The sum hereby
appropriated shall be a charge against, and shall be deducted
from, the sums which are payable to the city of Manchester
for its share of taxes on dividends and interest.
[Approved May 13, 1943.]
CHAPTER 233.
JOINT RESOLUTION MEMORIALIZING CONGRESS ON A UNITED
NATIONS OF THE WORLD.
Resolved by the Senate and House of Representatives in
General Court convened:
That the New Hampshire delegation in the Congress of the
United States hereby is requested to exercise its influence to
have the Congress expeditiously explore the action necessary
to form a United Nations of the World with its organization
and administration based upon law ; and, as soon as expedient,
initiate such action. The secretary of state is hereby in-
structed to forward to each senator and representative of this
state in Congress a copy of this resolution.
[Approved May 18, 1943.]
CHAPTER 234.
JOINT RESOLUTION TO PROVIDE FOR AN INTERIM COMMITTEE TO
STUDY THE ADVISABILITY OF REQUIRING MILITARY DRILL
IN ALL HIGH SCHOOLS.
Resolved by the Senate and House of Representatives in
General Court convened:
That the governor, with the advice and consent of the
council, is hereby authorized to appoint a committee of five
1943] Chapters 235, 236 365
members to study the advisability and necessity of requiring
that all high schools have as a part of their educational work
a required course in military drill. The members of said com-
mittee shall serve without compensation and shall make a
report of their findings and recommendations to the next
session of the legislature.
[Approved May 18, 1943.]
CHAPTER 235.
JOINT RESOLUTION PROVIDING FUNDS FOR RECONSTRUCTION AND
REPAIR OF CERTAIN HIGHWAYS, BRIDGES AND CULVERTS
IN THE TOWNS OF DORCHESTER, GROTON, RUMNEY,
WARREN AND WENTWORTH.
Resolved by the Senate and House of Representatives in
General Court convened:
That the sum of ten thousand dollars is hereby appro-
priated to be paid to the following towns to reimburse them
for not exceeding one-half the amount expended by them for
repairing certain highways, bridges and culverts destroyed
by the cloudburst on June 14, 1942 : Rumney, Warren, Went-
worth, Groton, Dorchester. The amounts so appropriated
shall be paid upon presentation of proper vouchers and shall
be a charge upon the highway funds.
[Approved May 18, 1943.]
CHAPTER 236.
JOINT RESOLUTION PROVIDING FOR AN INTERIM COMMISSION TO
MAKE FURTHER STUDY OF STATE TRUST FUNDS.
Resolved hy the Senate and House of Representatives in
General Court convened:
That the governor, with the advice and consent of the
council, is hereby authorized to appoint a commission of five
members to make a further study of funds held by the state
in trust. Said commission shall make a report of its findings
and recommendations to the governor and council who shall
366 Chapters 237, 238 [1943
submit the same to the next session of the legislature. The
members of said commission shall serve without com-
pensation,
[Approved May 19, 1943.]
CHAPTER 237.
JOINT RESOLUTION PROVIDING FOR A COMMITTEE TO STUDY THE
PROBLEM OF FEDERAL RELIEF FOR RECREATIONAL OR
BUSINESS PROPERTY MADE INOPERATIVE BY
REASON OF WAR CONDITIONS.
Resolved by the Senate and Hotcse of Representatives in
General Court convened:
That a committee of five members shall be appointed by the
governor and council for the purpose of studying the problem
of federal or other relief which may become available to
owners of recreational or other business property within the
state which has been made inoperative by reason of re-
strictions arising from the war, to assist persons eligible for
such relief, to secure the same and to secure such data relative
to such businesses in this state as may be desirable or
necessary for the purposes hereof. Said members shall serve
without pay and shall report to the next session of the legis-
lature or earlier if found advisable, to the governor and
council, their activities under the provisions hereof. The
state planning and development commission is hereby directed
to prepare a study of such businesses within the state as may
be necessary for the purposes hereof and as said special
committee may require.
[Approved May 20, 1943.]
CHAPTER 238.
JOINT RESOLUTION PROVIDING FOR REPAIRS AND ALTERATIONS AT
CERTAIN STATE ARMORIES.
Resolved by the Senate and House of Representatives in
General Court convened:
That the sum of nineteen thousand two hundred and ten
dollars ($19,210) be and hereby is appropriated for repairs
1943] Chapter 239 367
and alterations at the following state armories: For the
Berlin armory, two thousand four hundred and tw^enty
dollars; for the Concord armory, two thousand dollars; for
the Dover armory, six thousand and fifty dollars; for the
Keene armory, two thousand seven hundred and fifteen
dollars; for the Manchester armory, five thousand four hun-
dred and twenty-five dollars; for the Nashua armory, six
hundred dollars. The sums hereby appropriated shall be ex-
pended by the adjutant general, with the approval of the gov-
ernor and council, and the governor is hereby authorized to
draw his warrant for said sums out of any money in the
treasury not otherwise appropriated.
[Approved May 20, 1943.]
CHAPTER 239.
JOINT RESOLUTION FOR AN INTERIM COMMITTEE TO STUDY FIELD
SERVICES OF VARIOUS STATE AGENCIES AND DEPARTMENTS.
Whereas, the activities of business enterprise and of
citizens generally may now be hampered by duplications in
the field services as now carried on by the several state
agencies and departments, and
Whereas, there may be more cost to the people of the state
than is necessary because of the present methods of carrying
out said service, now therefore be it
Resolved by the Senate and House of Representatives in
General Court convened:
That the governor with the advice and consent of the
council shall, on or before July 1, 1943, appoint a committee
of seven qualified persons to inquire and study into the nature
and the necessity of the field activities of any and all state
departments and agencies. Not more than two members of
said committee shall be state officials, and at least two mem-
bers shall have served in the legislature either in the 1941
or the 1943 session. The members of said committee shall
serve without pay. Said committee shall make a report of
its findings and recommendations to the 1945 session of the
legislature, and shall file the same with the secretary of state
on or before November 1, 1944. The secretary of state is
368 Chapters 240, 241 [1943
authorized and directed to cause said report to be printed so
that the same shall be ready for distribution by December 15,
1944. The expense of printing said report shall be a charge
upon the appropriation made for the legislature.
[Approved May 20, 1943.]
CHAPTER 240.
JOINT RESOLUTION TO CONTINUE THE STUDY OF 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 is
hereby directed to continue its study of a long range plan for
the development of Great Bay and the immediately adjoining
territory as begun under the provisions of chapter 243 of the
Laws of 1941, and to make a report thereof to the next session
of the legislature, with suggestions for a program of carrying
out such plan and an estimate of the costs involved.
[Approved May 20, 1943.]
CHAPTER 241.
JOINT RESOLUTION ESTABLISHING AN INTERIM COMMITTEE TO
STUDY THE EXTENT OF SOIL EROSION AND THE NEED
FOR THE CONSERVATION OF SOIL AND MOISTURE
RESOURCES.
Resolved by the Senate and House of Representatives iyi
General Court convened:
That there is hereby constituted a committee of five
qualified persons whose duty it shall be to survey and study
the problem of soil erosion. Said committee shall serve with-
out pay and the committee shall make a report to the next
session of the legislature by filing its findings and recom-
mendations with the secretary of state for submission to said
legislature. Said committee shall consist of five members
who shall have served in the legislature during the 1943
session, three members from the house of representatives to
1943] Chapter 242 369
be appointed by the speaker and two members from the senate
to be appointed by the president.
Said committee may call upon the director of the state
agricultural extension service, the director of the state
agricultural experiment station, the commissioner of agri-
culture, the executive director of the state planning and
development commission and any other state officials or
agencies for technical information and assistance.
[Approved May 20, 1943.]
CHAPTER 242.
JOINT RESOLUTION IN FAVOR OF RALPH F. SEAVEY AND OTHERS.
Resolved by the Senate and House of Representatives in
General Court convened:
That Ralph F. Seavey, sergeant-at-arms, be allowed the
sum of $584.10; that Raymond B. Lakeman, sergeant-at-arms,
be allowed the sum of $673.20 ; that Harold Bentley, chaplain,
be allowed the sum of $519.20; that Thomas W. Fecteau,
messenger, be allowed the sum of $475.20; that J. Russell
Bickford, messenger, be allowed the sum of $466.40; that
William P. Haselton, messenger, be allowed the sum of
$52.80 ; that Herbert M. Thyng, library messenger, be allowed
the sum of $532.40; that Chester Jewell, telephone mes-
senger, be allowed the sum of $541.20; that Arthur L.
Carpenter, telephone messenger, be allowed the sum of
$519.20 ; that Harold Fournier, custodian of mail and supplies,
be allowed the sum of $638 ; that Alice V. Flanders, house
stenographer, be allowed the sum of $1,091.20; that Bessie A.
Callaghan, senate stenographer, be allowed the sum of
$1,038.40; that Grace J. White, senate stenographer, be
allowed the sum of $778.80; that Marion C. Colby, house
stenographer, be allowed the sum of $939.40; that Helen Y.
Andrews, judiciary stenographer, be allowed the sum of
$805.20; that Melissa A. Bailey, house stenographer, be
allowed the sum of $495; that Andrea Lyons, house stenog-
rapher, be allowed the sum of $175.45; that Georgia Strom,
appropriations stenographer, be allowed the sum of $50 ; that
Irene L. Colby, appropriations stenographer, be allowed the
sum of $594; that Palmer Reed, judiciary messenger, be
370 Chapter 243 [1943
allowed the sum of $528 ; that William J. Chadbourne, appro-
priations messenger, be allowed the sum of $528; that Oney
Russell, warden of the coat room, and Albion Parkhurst,
assistant warden of the coat room, be allowed the sum of
$519.20, each; that Frank D. Gay, Lenne Twombly, Harry S.
Yeaton, Sherman L. Greer and Joseph Comi, doorkeepers, be
allowed the sum of $519.20, each; that George Kemp, door-
keeper, be allowed the sum of $8; that Thomas J. Duffy,
speaker's page, be allowed the sum of $297; that John F.
Keegan, page, be allowed the sum of $330; that Joseph P.
Dorion, page, be allowed the sum of $327.25; that Julian L.
Richards, be allowed the sum of $324.50; that Richard E.
Tenney, page, be allowed the sum of $297; that Raymond R.
Venne, page, be allowed the sum of $297; that James Sayer,
page, be allowed the sum of $30; that Ralph Hall and Carl
Adams, pages, be allowed the sum of $5, each ; that Bertrand
Hubbard, page, be allowed the sum of $12.50; that Benjamin
F. Greer, senate clerk, and Cyril J. Fretwell, house clerk, be
allowed the sum of $550, each ; that Frank M. Ayer, assistant
clerk of the senate, and Robert L. Stark, assistant clerk of
the house, be allowed the sum of $550, each; that Marion G.
Alexander, legislative advisor, be allowed the sum of $700;
that Donald Knowlton, legislative counsel, be allowed the sum
of $3,000 ; that the office of secretary of state be allowed the
sum of $2,972.40 for the employment of Cyril J. Fretwell, clerk
of the house, for legislative work, including the filing of the
permanent journal. Said Cyril J. Fretwell shall serve under
the direction of the secretary of state in such capacity as said
secretary may direct. The sum for the employment of Cyril
J. Fretwell shall be available until December 31, 1944.
The above mentioned sums shall be a charge upon the legis-
ative appropriation.
[Approved May 20, 1943.]
CHAPTER 243.
NAMES CHANGED.
From January, 1941, to January, 1943, the registers of
probate returned to the secretary of state, the following
changes of names made by the probate court :
1943] Chapter 243 371
Rockingham County — John Inman to Kenneth John
Edward Cassell; Nona Marie Denyou to Nona Marie Healey;
Philip William Denyou to Philip William Healey; Corienne
Helen Peon to Corienne Helen Shea; Robert Chambers to
Robert Philip Gratton; Joseph Jainkowsky to Joseph Jan-
kousky; Wayne Leonard Trider to Wayne Leonard Mitchell;
Barbara A. Patch to Barbara A. Byrns ; John Skibniowski also
known as John Skibnoski to John Skibb; Maria Skibniowski
also known as Maria Skibnoski to Mary Skibb; Myron
Mitchell Skibniowski also known as Myron Mitchell Skibnoski
to Myron Mitchell Skibb; Estelle Irene Skibniowski also
known as Stella Skibniowski to Estelle Irene Skibb; Estelle
Skibniowski also known as Estelle Skibnoski to Estelle Skibb ;
Genevieve Abbie Skibniowski to Genevieve Abbie Skibb;
Mitchell Myron Skibniowski to Mitchell Myron Skibb ; Ernest
Chris Lenz to Clifford Ernest Bane; Warren Robert Dennis
to Warren Robert Guptill; Elliot Akmakjian to Elliot
Akmakjian Stevens; Mary Akmakjian to Mary Stevens; Elliot
Dean Akmakjian to Elliot Dean Stevens; Audrey Joyce
Akmakjian to Audrey Joyce Stevens; Teresa M. Sherman to
Teresa Maria Rand Stevens; Celia L. Floody to Celia Caro-
lina Lacross; William Frances Hawco to William Francis
Hawco Dore; Anna Kucharczyk to Anna Baker; Stanislaw
Stankiewicz to Stanley Stevens; Vicenta Stankiewicz to
Virginia Stevens; Catherine Stankiewicz to Catherine
Stevens; Mary Stankiewicz to Mary Stevens; John Joseph
Stankiewicz to John Joseph Stevens; Emile Stankiewicz to
Emile Stevens; Cynthia Aldrich to Cynthia Lee Mason;
Lowell R. Atherton to Lowell R. Fox; Thomas Fuller to
Clifford McCullough, Jr.; Wallerin Dummaskowski to Joseph
W. Demasky; Robert Joseph Corcoran to Robert Charles
Jeeves ; Sandra Jean Merrill to Catherine Manley Farrington ;
Parmenas Nerbonne to Peter Nerbonne; Norma Louise
Strout to Norma Louise Nudd; Donald Willard Underhill to
Donald William Dollard; Benjamin Parker, Jr. to Benjamin
Guiley; Donald K. Wheeler to Donald K. Roy; Elmer W.
Collier to Donald Richard Collier; Mary Carroll Brown to
Mary Carroll Leavitt; (Female Infant) Moody to Mary
Susan Marston; Barbara Stevens to Barbara Stevens Fox;
William James Penney to William James Crowley; Mary
Margaret Chapman to Mary Margaret Zdeb; William E.
372 Chapter 243 [1943
Houston to William E. Reagan; Diane Theresa Frandaca to
Diatie Theresa Bukata; William Allan Rogers to Walter Billie
Stockman; Agere Albert Milette to Aga Bert Milette; Joseph
Shilale to Joseph W. Wilbur ; Roy Louis Taylor to Roy Louis
Eldridge; Robert Arthur Hadley to Robert Arthur Balukas;
Charles Sociates Tufts to Charles Socrates Arvenites; Albert
Leo Dick to Charles Harry Ingram; David Nelson Myers, Jr.
to David Mac Nabb Wells ; Frances Louise Tucker to Frances
Louise Morton; Louise D. Twombly to Louise D. Lahart;
Gerald Craven to Gerald L. Heureux; Roger Haas to Roger
Trafton; James E. Smith to James E. Davis; Daine Frances
Blake to Nancy Walker ; Marilyn Roberta Brigham to Bonalyn
Carol Robinson; Mary Louise Madigan to Gail Elizabeth
Harvey Cotter; Arthur Noto to Arthur Gobbi; Christopher
James O'Leary to Chris O'Leary; Joseph Masialis to
Joseph John Masellis ; Richard La Montague to Richard
Beaulieu; Elizabeth Ann Quinlan to Elizabeth Ann Dietrich;
Barbara Ann Massa to Barbara Ann Mullins; Helen Wilson
Frantz to Helen Ruth Wilson; Charles Henry Haley to
George William Haley; Willis Leslie Worster to Raymond
Peterson Ainsworth; Theodore H. Elms to Theodore Hanson
Bradley; Vernard Albert Long to Vernard Albert Jenness
Coleman; Robert Lee Vrettas to Robert Forest Garland;
Marjorie Louise Bryant to Marjorie Louise Cummings;
Aphrodite Legakes Deakoumakes to Aphrodite Deakoum;
Evangelos Deakoumakes to Evangelos Deakoum; Henry J.
Gotz to Henry J. Goss; Judith Ann Stafford to Judith Ann
Dixon ; Frances Rose Stafford to Frances Rose Dixon ; Robert
Edward Stafford to Robert Edward Dixon; Agnes Perry
Moynihan to Agnes Perry ; Verna Marie King to Verna Marie
Middleton; Maryanna Michalska Krukowski to Maryanna
Michalska Cook; Charles Frederick Mannell to Charles
Fredick Dunn; William Gerard Ward to Gerard William
Jordan ; Joan Seliga to Joan Smith ; Walter A. Boulay to Joseph
Walter Jameson ; David Cohen to David Miller ; Manuel Cohen
to Manuel Miller ; Helen Krukowski to Helen Cook ; John Cas-
well to Chester M. Staples, Jr. ; Nancy Ann Sawyer to Nancy
Ann Kalens; Frank L. Smith to Frank L. Healey; Nancy
Sherman to Louisa Goodwin Yeagle; Alfred Jackson Garden
to Robert Andrew Batcheldor ; Jane Vacilla Gaumond to Jane
Vacilla Gouzoules; Barbara Ann Mahoney to Susan Louise
Chase; Wladislaw Gzywacz to Walter Givetz; Assunta
1943] Chapter 243 373
Gzywacz to Susie Givetz; Dorothy Ernestine Hutchins to
Dorothy Ernestine Graham ; Junior Caswell Bartlett to James
C. Bartlett; Earlan Atwood Barber to Earlan Atwood
Wetherbee; Rose G. La Porte to Rose G. David; Marvin
Arnold Carey to Marvin Arnold Dow ; Leo E. LeBlanc to Leo
E. White; Anna Barker to Anna Brooks Payn; Mary Jean
Huntoon to Mary Jean Patch ; Mary Constance Richards alias
Mary Constance Nute to Mary Constance Hunt ; Arlene Marie
Fossett to Arlene Marie Chase; Charles Edwin Sargent to
Charles Edwin Clow; James J. Cote to James Joseph Hill;
Riley to James William Riley; Mary Ann Sillery to
Mary Ann Silveria; Martin J. Waleryszak to Martin J.
Porter ; Bertha E. Waleryszak to Bertha E. Porter ; Martin J.
Waleryszak, Jr. to Martin J. Porter, Jr. ; Joann M. Waleryszak
to Joann M. Porter; Donald J. Waleryszak to Donald J. Por-
ter; John Burdg to Thomas Wilde; Henry Archers to Henry
Klenke; Priscilla Booth to Priscilla Pennie Gingras; Norma
Johnson to Norma Gingras; Richard Rand to Richard Rand
Spinney; Harriet Jane Dolloff to June Harriet Nicholson;
William Frederick Stickles to Frederick William Hatch;
Charles Alexander Houle to Charles Alexander Wormwood;
Hyman Albert Satowitz to Albert Hyman Sados; Malcolm
H. Stewart to Robert H. Stewart; Khalil D. Barkha to
Kalil D. Barka; David Delano Call to Eugene Francis
Shapleigh; Eugene Francis Shapleigh to Robert Charles
Call; Louis Arthur Schmalfuss to Charles Edward Le-
Blanc; Mary Linscott to Sharon Lee Reid; Norman
Tracey White to John Tracey White; Roger Wells to
Kenneth Robert McCollum; Slowinas to Benjamin
John Wallace; Beverly Bishop to Beverly M. Rosa;
Jo Ann Bushy to Jo Ann Constance Bernard; Josephine
Elizabeth Downing to Josephine Elizabeth French; Madelein
A. Downing to Madelein Agnes French; Jerome Eugene
Marshall to Jerome Eugene Lepore; Julius Lankoysky to
Julius Lank ; Leopoldo Giovanni Pieroni to Leo John Pieroni ;
Vincent Robert Kaczanowski to Vincent Robert Drake; Nina
Virginia Kaczanowski to Nina Virginia Drake ; Ralph Edward
Shrague to Ernest Reginald Foote; John David Merrill to
John David Marden; Betty Jane Queor to Betty Jane Ham-
mond; Herman Albert Plouffe to Joseph Lawrence Fluff;
Francis J. Hill to John F. Hill ; De Witte Otho Hicksenhytzer
to Robert Colvin Arnold; Charles Richard Estes to Charles
374 Chapter 243 [1943
Paul Elliott ; Jane Elizabeth Courser to Jane Elizabeth Cash ;
William Lodge Courser to William Lodge Cash; Patricia
Helen Kosky to Patricia Helen Johnson; Hormidas Cote to
Middy Cote; Joseph Hector Pluff to Joseph Hector Plouffe;
Casimir Nalewski to Harry Thomas Navelski; Louis Selime
Langlois to Selime Louis Langlois; Ilene June Hersey to
Ilene June Braum; Marie Clara Conlon to Pauline Clara
Conlon; Kenneth Donald Mowatt to Kenneth Donald Lang-
ley; Josephine Reitze Ratta to Geraldine Reitze Ratta;
Vladislaus Szaine to Walter Shina; Wladyslawa Katazyna
Shina to Ladia Catherine Shina; Arthur Leroy Hersey to
Arthur Leroy Williams; Mary Louise Bailey to Mary
Louise LeClair; Charles Frederick Bailey to Charles
Frederick LeClair; William Anthony Bailey to William
Anthony LeClair; Joseph E. Bergeron to Arthur Ernest
Bergeron; William M. Emerson to William Emerson Roby;
Catherine Mary Benedetto to Geraldine Mary Champagne;
John J. Silva, Jr. to John J. Ridlon; Virginia M. Silva to
Virginia M. Ridlon; Glen Colford Stewart to Glenn Colford
Stewart; Grace Marie Beott to Teresa Gladys Doucette;
Hervey Hebert to Hervey Abbott; Rose Ora Greenwood to
Irene Rose Greenwood; Elsie Bertha Meehan to Elsie B.
Weber.
Strafford County — Richard Godfrey Cartee to Richard
Godfrey Hough; Charles Michael Zervas to Charles Nichael
Servas; Helen R. Zervas to Helen R. Servas; Eugene Zervas
to Eugene Servas; Marie Zervas to Marie Servas; Janice
Lillian Styles Fox to Janice Lillian Snipes; Margaret Eliza-
beth Shaw to Margaret Elizabeth Moore; Beatrice H. Bick-
ford to Beatrice May Hartfiel; Denzil Elsworth Senter to
Denzil Fred Thayer; Norman Webster Senter to Norman
Webster Thayer; Ralph Lewis Barnes to Ralph Lewis Con-
way; Larry Joy Mathews to Alston Laurel Wade; Beverly
Mae Gage to Beverly Mae Black; Michael Peters to Michael
Peters Hashem; Linda Taylor to Linda Ora Stevens; Lurana
Audrey Wells to Lurana Audrey Mellott; Marlene Hamel
(Towle) to Marlene Lebrecht; Kyreakos Pasthedenos to
Charles Pastene; Clmina Virginia Pasthedenos to Clmina
Virginia Pastene; Sevastula Pasthedenos to Elizabeth Ann
Pastene; Theamandula Pasthedenos to Diane Katherine
Pastene; John Pasthedenos to John Pastene; Charles Ray-
mond Aller to Charles Raymond Hall; Usko Veli Zalo Oberg
1943] Chapter 243 375
to Charles Frederick Oberg; Joseph Lilley to Joseph Bernard
Young; Helen A. Hodgdon to Helen A. Barnes; Raymond
Herbert Hamilton to Herbert Cope Skelly; Newell 0. Frost
to Norman Robert Bousquin ; Mary Anne Shum to Mary Ann
Nelson; Thelma Gardner to Mary Thelma Flynn; Fred J.
Lessard to Alfred Joseph Lessard; Henry Chouinard to
Richard Langdon Percy; Killil Abraham Shamoun to
Charles Joseph Gabriel; Manfred Aryan James to Manfred
Aryan Mathews ; Joseph Mohammed to Joseph Ameen David ;
Sally Ann David to Donna Lee Mooreside; Robert Hall to
Robert Varney; Mary Littlefield to Mary Beatrice Giberson;
Althea Irene St. Jean to Althea Irene Dame; Marie Clare
Theresa Lagotte to Marie Claire Theresa Lagotte ; Louis Aime
Bourgeois to Louis Ameois Bushway; Habady Himeen
Mohammed to Ablah David; Ameen Mohammed to Ameen
David; Joseph David Wilfred Duquette to Louis Wilfred
Duquette; Marie Lorraine Sylviane Hamel to Marie Lorraine
Sylvia Ann Hamel; Carlisle Fred Seavey to Carlyle Fred
Seavey ; Jos Ovila Gregoire to Ovila Joseph Gregoire ; Richard
Peter DeNazzi to Richard Peter Duggan; Beatrice H.
Eldridge to Beatrice H. Bradbury; Charles William Boeshaar
to Charles William Bashaar ; Gilbert Cooper to Gilbert Cooper
Clough; Marie Theresa Florence Moison to Marie Theresa
Florence Letarte; Mildred Belle Woodbury to Mildred Wood-
bury Hayes ; Barbara Ann Spinney to Barbara Ann Sharrock ;
Mildred Garvin to Mildred Gauthier; William Lennon Vocha
to William Lennon Boyd; Lena Madeline Baxter Robbins to
Marcia Madeline Robbins; Victor Van Valley to Victor Van
Johnson ; Charles Nobert to Charles Henry Newbury ; Louise
Therese Nobert to Louise Therese Newbury; Leon Henry
Nobert to Leon Henry Newbury; Sylvia Marcotte to Sylvia
Beatrice Poliquin ; Mary Laurea Pare to Mary Laurea Goulet ;
Nancy Elizabeth Goodwin to Nancy Elizabeth Horr ; Kenneth
Robert Owens to Kenneth Robert Owen ; Pierre Labossiere to
Walter Lawrence Gadoury; Nabucodor Nazaire Marcotte to
Albert Marcotte; Paul Willson to Paul Joy Willson; David
Harley Willson to Charles Edward Willson ; Spiriden
to Charles George Spiridondes; Allan Danforth Ruddy to
Ronald Meserve; Paul Everett Wallingford to Paul Everett
Downs; Arthur Ball to Arthur John Blanchet; Norma Jane
Brock to Norma Jane Corbett; Almon F. Wing to Elmer
Francis Thompson; Burton Louis Mahan to Burton Louis
376 Chapter 243 [1943
Lesperance; Francis Beals to Gardner Chamberlain; Allen
Warren Niitt to John Dhu Allen; Franklin Owsley to James
Wilfred Grigg; Roland Cullen to Roland Paul Cullen; Philip
Beals to Phillip Jolly; Barbara Jean Kimball to Sally Ann
Weathers; Napoleon M. Vachon, Jr. to Richard Mansur
Rogers; Edward E. King to Edward E. Roy; Analda King to
Analda Roy; Richard Keene to Richard Newton Bickford;
Aida Elizabeth Butler to Patricia Elizabeth Butler; Mary
Obeline Boucher to Emeline Boucher; Leo Joseph Lirette,
known as Leo Joseph Marcotte to Leo Joseph Lirette ; Jeanne
C. Wentworth to Jeanne C. Hills ; Joseph Henri Roy to Henry
Francis King; Bernard Edson Cilley to Bernard Edson
Chamberlain ; Gordon Wayne Bruce to Gordon Wayne Geddis ;
Wallace Baxter to Wallace Woodbury Davis; Rudolph F.
Minichiello to Rudolph Mitchell; Rita F. Minichiello to Rita
Mitchell; Herve Lucien Fredette to Herve Lucien Cole;
Maheba Kalill Hughes to Josephine Mahanna Carlin Hughes;
Haceboy Kalill Henson to Elizabeth Mahanna Carlin Henson.
Belknap County. — Dorothy Irene Cone to Dorothy Irene
Williamson; Frederick Dwight Cone to Frederick Dwight
Williamson; Joan Marsella Pray to Joan Marsella Cronin;
Ella Louise Hopf to Ella Louise Lewis; Allan J. Lougee to
Allan J. Westney ; Richard William Patno to Richard William
Poulin; Frances S. Osinski to Frances S. Davidson; Walter
J. Osinski to Walter J. Davidson; Richard Putnam Lashua to
Richard Putman Lampman; Gordon Robert Metres to Robert
Gordon Surpine; Robert Earl Perry to Robert Earl Poire;
Gertrude Mary Perry to Gertrude May Poire; Marguerite
Marilyn Mozroll to Marguerite Marilyn Niles; Stephen
Sztucinski to Stephen Stephens; Weston Lorenzo Wiggins to
Robert Lorenzo Wiggins; Wesley Josiah Wiggins to Richard
Josiah Wiggins; Elaine Sztucinski to Elaine Stephens;
Katherine Sztucinski to Katherine Stephens; Harold Bordo
Mitchell to Harold Bordo Lampman ; Helmer Joseph Corriveau
to Edmund Joseph Corriveau; Gaston Paul Jodoin to Gaston
Paul Jordon; William Earl Schuerfeld to William Earl
Holmes; Jeanne Claire Shackelford to Jeanne Claire Pooler;
Eslie Leonard Smith to Leonard Eslie Smith; Marie Jeanne
Richard Laroche to Marie Jean Richard Stone; Philias Henry
Laroche to Philip Henry Stone; Biruta Alexandria Prokop
to Biruta Helen Prakapas; Euripides Hatzekelekas to Peter
Hatzes; Carl Frederick Peterson to Carl Frederick Wright;
1943] Chapter 243 377
Ross Milan Smith to Thomas Milan Smith; Robert Eugene
Morin to Eugene Joseph Morin; Male Peck to Wallace
Wrisley; Jacob Lawrence Lewis to Jay Lawrence Lewis;
Pantale Contos to Lee Karatsanos; Harry A. Morse to Harry
Alver Morse; Jos. Aimee Theberge to Aime Armand
Theberge; Earl Looman Tuffts to Earl Luman Chamberlain;
Josephat Dulac to Richard Joseph Dulac; Philip Ray Maban
to Philip Ray Davis ; Jonathan Edgar Page to Edward Joseph
Page; Ludwig Heimis to Louis Alfred Heinis; Louise Trojano
to Mary Louise Trojano; Edward Warren to William Warren;
Joseph Meachem to Joseph Treaushure Mitchell ; Marion
Contos to Marion Karatsanos; Joseph Freddy Laroche to
Alfred Simpson LaRoche; Ivers Pearl Haskell to George
Ivand Haskell; Campbell to Archie Lenwood Camp-
bell; William Rudolph Farra to Rudolph Farra Wilson;
Katherine Helen Contos to Katherine Helen Karatsanos;
Joseph Jean Guy Parent to Joseph Jean Guy Cantin; Franz
Milton Paine to Frank Milton Paine; Clyde Lemoyne Baker
to Lloyd Lemoyne Baker; Martin Feurstein to Martin
Feuerstein; Raoul Jean Thomas Xavier Morin to Ralph John
Morin; Mary Evelyn Lasheway to Mary Evelyn Peavey.
Changed by Adoption: Joan Marie La Cross to Joan
Marie Weir; unnamed to Janet Colby; Beaudoin to
Peter Barrett Sargent; Clyde Martin Lacroix to Frank
Richard Smith; Daron Rae Willoughby to Susan Pauline
Mooney; Jeanne Louise Annair to Jeanne Louise Segole;
Lois Alberta Annair to Lois Alberta Segole ; Warren Chester
Buchanen to Warren Paul Cutting; David Albert Taylor to
David Albert Plant; lola Belle Lacroix to lola Belle Smith;
Rena May Heath to Rena May Heath ; Carl Thompson to Carl
Hamilton; Harvey James Rollins to Harvey James Forsyth;
John Arthur Pearl to John Arthur Bragg; Francis Leighton
Vittum to John Conrad Haven ; Joan Burdick to Joan Clough ;
Lewis Warren Tassinari to Lewis Warren Mayo; Jennie
Marie Wallace to Jennie Marie Blackey ; Constance Mary Dion
to Constance Mary Dion ; Pauline Dorothy Moulton to Pauline
Dorothy Robinson ; Robert E. Foster to Robert Earl Emerson ;
Shari Lynn Connors to Shari Lynn Gray; Novia to
Leo A. Barton, Jr. ; Robert A. Runnells to Robert A. Runnells ;
Joseph Rudzinski to Joseph Roubo; Roger Albert Eryou to
Roger Albert Dow; Howard J. Buttman to Howard J. Lank.
Carroll County — Otto Grant Kramer to Robert Grant
378 Chapter 243 [1943
Kramer; Pauline F. Brackett to Pauline Frances McCrillis;
Felix Joseph Loville to Felix Joseph Lavely; Severino
Fernandez to Severino Jean Fernandez ; Mildred F. Towle to
Mildred F. Johnson; Florence B. White to Florence Ella
Beede ; Carlotta D. Bragg to Carlotta Direne Ames ; Clarence
Wilbur Drew to Clarence Wilbur Davis ; Francis Ford Manley
to William Ford Manley; Lester E. Thompson to Lester
Eldridge ; Lila Goldie Ward to Fay Lane Ward ; Alberta Mae
Potter to Alberta Mae Bean; Vernon Eugene Bickford to
Vernon Eugene Pecunies.
Changed by Adoption: Ernest Richard Gagne to Ernest
Gagne Moore; Margaret Anne Clough to Margaret Anne Mc-
Bride ; Cherolyn Ann Ward to Cherolyn Ann Vittum ; Barbara
Louise Murray to Barbara Louise Knox ; Harry Harlan Willey
to Harry Harlan Rines ; Frank Fox to Frank Fox Chambers ;
"Baby" Meldrum to Norman Whittier Turner, Jr. ; Sandra
P. Seeley to Sandra P. Massey; Ronald Kendall Sanborn to
Allen Roof Wiggin; Wendell E. Smith to Wendell Everett
Dodge; Bertha Anne Taylor to Bertha Anne Brown.
Merrimack County — Thena E. Peterson to Thena Love-
land Eaton; Edna MacEachran to Edna Myrick; Arthur
Brown to Arthur Leach; Frank George Daniels to Lester
George Daniels, Jr. ; Janet Stoneham to Janet Jackson ;
Donald W. Odell to Donald W. Flanders; Stella Mary Giela-
rowski to Stella Mary Giles; Samuel Adler to Sidney Adler;
Beatrice P. Hueftline to Beatrice P. Heflin ; Martin H. Huef t-
line to Martin H. Heflin; Elizabeth E. King to Elizabeth King
Remington; Clifford Allen Downs to Clifford Allen Rogers;
Lewis John Peters to Wesley John Howard; Henry C.
Pichette to Harry C. Pichette; Richard Herbert Savage to
Charles Herbert Deane French; Ena Davis Hillsgrove to Ena
Davis; Joseph Harry Ouimet to Harry Joseph Wilmot;
George Arnold Halcombe to George Arnold Osgood; Alice
McNally Haggerty to Alyce McNally Haggert; Lloyd Robert
Haggerty to Lloyd Robert Haggert; Annie Pinker to Annie
Rousseau; Merle Irving Eastman to Merle Montana East-
man ; Jeannette T. Noury to Jeannette T. LeBlanc ; Frederick
G. Reagan to Harry Frederick Reagan ; William H. Plummer
to Henry William Saltmarsh; Roger Cone to Roger Fred
Durgin ; John Craig to John Dalziell Craig ; George Henri Roy
to George Henry King; David Oscar Clemons to David
Oscar Clemons Higgins; Clayton Adams to Clayton Arnold
1943] Chapter 243 379
Frenette ; Victoria Jenness to Victoria Ann Moody ; Joseph
Victor Bouffard to Joseph Wade; Gwen E. Hibbert to Gwen
Ella Hayes ; Robert William Hunt to Robert William Barrett ;
Alvin Francis Angwin to Alvin Francis Johnson; Octave J. L.
Laiizier to Leo Colle; Eunice M. Sanborn to Eunice M.
Leavitt; Harold Jerome Alley Street, Jr. to Harold Stowell;
Joan Barbara Howe to Joanne Barbara Howe; David Porter
to Ervin David Porter; George Rochou to Joseph William
Finan; Beverly May Baker to Beverly Mae Merrill; Walter
Daniel Scribner to Walter Daniel Bailey ; Efthemios Nicholas
Tseckares to Frederick Nichols Talmers; Joseph Raymond
Hamby to Joseph Raymond Chandler; Joseph Charles
Caughey, Jr. to William James Dawson; Sherman Ellsworth
Campbell to Sherman Ellsworth Campbell Linen; Francis P.
Hunt to Walter Flanders Hunt ; Felix Albert Purull to Felix
Albert Purrell ; Gerald Ray Wilkinson to Gerald Ray Gilmore ;
Russell W. Cox to Russell W. Quimby; Charles J. Tousner to
Charles J. Tousignant; Robert Vincent Benton to Robert
Vincent Gilpatrick; Bartley Harold Desmond to Joseph H.
Elliott ; Ayling John Chilton to Herbert J. Adams.
Changed by Adoption : Barbara D. Cook to Barbara Delia
Sullivan; Rebecca Ann Goodfellow to Cynthia Stewart
Lyford; Bruce Earl Jefferson to James Earl Foote; Lucian
Walter Cook to Bernard Frank Sullivan; Curtis Maynard to
Laurence Worthen Rowe; Gertrude Paul to Gertrude Mims;
Fairfax Hatch to David Wilson Rowe; Frederick Maurice
Wood to Frederick Norman LaBrie; John Chester Stewart to
John Chester Baker; James Joseph Stewart to James Joseph
Baker; Albert Theodore Renee to Albert Theodore Audet;
Robert James Eraser to Robert James Andrews; Marcel J.
Shulman to Marcel J. Tyrrel; Victoria Mae Brockman to
Victoria Anne Decato; Marion Ruth Hewey to Marion Ruth
Roy; Nancy Jean Lucia to Nancy Jean Davison; Carol Ann
Peppier to Sandra Dean ; David Barry to David Anson Boyce ;
Roger Clarence Brissette to Roger Clarence Gregoire ; Paula
Earleen Mayhew to Paula Earleen Corliss; Paul Clayton
Weatherbee to Clayton Paul Mitchell; Cecil Dean to Cecil
Dean Currier; Warren Harding Ginniss to Warren Harding
Spofford; Clifford Frick to Clifford Lefebvre; Norman J.
Soucy to Norman J. Geary; Richard E. Brown to Richard E.
Rhodes; Virginia Rose Longley to Virginia Rose Severance;
Neal Ellis Morrison to Neil Ellis Coulson ; Sandra Lee Bassett
380 Chapter 243 [1943
to Sandra Lee Garland ; Katherine Tucker to Katherine Belle
Fortune; Thelma Fay Weatherbee to Faye Ann Bonette;
Ronald W. Hurd to Kenneth Stevens Haskell; Constance
Theresa Couturier to Constance Theresa Coleman; Richard
Arnold Discoe to Richard Arnold Davison; Theresa Gloria
Gilbert to Teresa Gloria Smith ; Robert Francis Nye to James
Robert Anderson; Robert Gilbert to Robert Dragon; Rose
Marie Ring to Patricia Ann Perry; Tammy Ann LaDuke to
Janice Elaine Gile; "Baby" Giles to Chester Thompson Brown ;
Charles Albert Georgina to Charles Albert Connor ; James Ed-
ward Page to James Edward Magoon ; Carol Beatrice Perron
to Carol Beatrice Downing; Sandra Jean Perron to Sandra
Jean Downing ; Robert Lewis Brown to Robert Lewis Dukette ;
William Jenovese to Donald William Terrell ; Raymond Mayo
to Raymond Collerette; David H. Demeritt to David H.
Waldo ; Marion Elsie Rollins to Marion Elsie Waldo ; Patricia
Ann Rollins to Patricia Ann Waldo; Beverly Ann Sargent to
Beverly Ann Simonds; Glenn Orson Dockey to Glenn Orson
Hornberger ; Mary Josephine Ellis to Sandra Jean Sabin ; Jan
Sanborn to Jane Ellen Proud; Judson Ward Colby to Judson
Ward Crawford; Edwin Prantilla to Edwin Walden; Eino
Prantilla to Eino Walden; Freddy Sawyer, alias Freddy
Soucy to William Dominique Levesque; Leo Soucy, alias Leo
Souci to Leon Levesque; Thomas Varney to Thomas Rush.
Hillsborough County — Earle Livingstone to Earle
Sheldon; Robert Charles Heselton to Robert Charles Clark;
Agnes Mary McCarthy Warcholik to Agnes Mary McCarthy;
Aurelia West to Aurelia Fitzpatrick; Ursula May Eaton to
Ursula May Lavigne ; Leo St. Onge to Leo Roy ; Susan Juliette
Johnson to Susan Juliette Gagnon; Joseph Louis St. John to
Joseph Louis Gagnon; Walter Frederick Johnson to Walter
Frederick Gagnon; Elizabeth Brown to Elizabeth Gagnon;
Ellen Maki to Ellen Marie Myllymaki ; Isabella Louise Goonan
to Isabelle Louise Jensen ; Lillian Sawyer to Lillian Levesque ;
Rosario Louis Sawyer alias Soucy to Rosario Louis Levesque ;
Hanna Johnson to Hannah Ekdahl; Robert V. Clancy to
Robert W. Cuddihee ; Aime Levi to Amos Drouse ; Anthony J.
Siedlewicz to Anthony J. Sullivan; Alvina Baum Hecker to
Rena Baum Hecker; Mary Andruchuk to Mary Andrews;
Elizabeth E, Patterson to Elizabeth E. Sterling; Stanwood
Patterson to Stanwood Sterling; Theodore Warcholik to
Theodore Walker; Iwan Luczkewicz to John Luckers; Gosta
1943] Chapter 243 381
Sven Siguard Evert Romberg to Gosta Evert Romberg;
Russell Champagne to Russell Henry Gadbois ; James William
Dimmick to James William Darrah; Mordkho or Mordcha or
Mortachai Jankelewitz Robinowitz to Morton J. Robbins ;
William Zwezila to William Zeeler; Stanley J. Zwezila to
Stanley J. Zeeler; Harriet Maria Osmer to Anna Maria
Osmer; Eva A. Brooks to Eva A. Hollins; Florence Mary
Roberge to Mary Florence Marden; Victor Warcholik to
Victor Walker; Mathew Milewski to Michael Mills; Urshula
Milewski to Urshula Mills; Eloza Wolcowski to Alonzo
Wolkowski; Josef Sanger to Joseph Jacob Sanger; Elmer
Newman Austin to Newman Elmer Austin ; John Ivarnoff to
John V. Ivanow; Malvina Levesque or Leveck to Malvina
Levesque; Raymond Gamache to Raymond Trimble; Joseph
Yvan Lester Ryan to Joseph Ivan Lester Demers ; Anne Marie
Osmer to Anne Marie Morse; Theos Pierpoint Alsop to
Thomas Pierpoint Alsop ; Mildred Gerew to Mildred Reardon :
Robert J. Chretien to Robert J. Caron; Henry A. Bazylewicz
to Henry A. Basil; Sebastien Bourgeois to Camille Sebastien
Bourgeois ; Joseph Whitney to Edward Furman ; Leo Cayer to
Leo Blanchette; Fortula Stavrou to Judy Stavrou;
Peecha to Robert John Mahoney ; Archie Carl Lord to William
Alfred Lord ; Xenephon Prutsalis to Andrew Prutsalis ; James
Thomas Johnson to James Thomas Patton ; Edna Mumford to
Edna Tirrell; Joseph Roland McNicol to Joseph Roland
McNichols; Janvier Rousseau to Gustave Rousseau; Linwood
Allen Morrison to Roy Elmer Hall ; Reymert Ragnvald Madsen
or Matsen to Ray Madison; Arthur J. Chabot to Robert
Walsh; Barbara Drozdoff to Barbara Anne Hunting;
Kastantos Stanskouskis to Constantine Steger; John
Staszkawskits to John Steger; Stanislaus Stanskoukis to
Steven Jeremiah Steger; Andrew Malik to Stanley Malik:
William Robert Alexander to Robert Alexander Emerson;
Achiel Beeckman or Achille Beeckman to Charles Achiel
Beeckman; Stanislaw Betlej to Stanley J. Betley; Chresoula
Anagnostou to Chresoula Anastas Anthony; Helen Anagnos-
tou to Helen Anastas Anthony ; George Anagnostou to George
Anastas Anthony ; Adolphe Guay to Adolphe Laf ond ; Joseph
Alphonse Michaud to William Alphonse Michaud; Athanasios
Nicholas Pistolas to Arthur Pistolas; Hans Popp to Henry
George Johansen; William Walentutuawicius to William
Walent ; Sophie Walentutuawicius to Sophie Walent ; Philorum
382 Chapter 243 [1943
Clarence Dubois to Clarence P. Woods; Joseph J. Sisko to
Joseph William Sheska; Evelus Vasyabedient to Evelyn
Varger ; Nicolaos G. Hondrogiannis to Nicholas J. Hondrogen ;
Wilho Eineri Beders to William Einar Bedders; Solomon
Greenblatt, Jr. to Solomon Taube; Celina Marie L'ltalien to
Celina Marie Majiiard; George Kostas to George Hajicostas;
Boleslaw Robert Smietana to Robert Michael Krym; Elaine
Arlene Delisle to Elaine Arlene Reardon; Alfred Liberty to
Alfred Joseph Laliberte; Dimitrios Pleatsekas to James
Pleatsikas; Haralambos Theodoropoulos to Harry George
Theros ; Athanasios Theodoropoulos to Arthur George Theros ;
David Sklarsk to David Sklar; Lucien Boudreault to Lucien
Boudreault Pinet; Steven Z. Metrakas to Steven Metrakes
Lester; Henry Clayton Stone to Henry Barclay Stone; Aleph
Urville Yergeau to Paul Aleph Yergeau; Edward Noyes to
Edward Francis Tierney; Wilfred Vernon Noyes to Wilfred
Vernon Tierney; Mildred Noyes to Mildred Tierney;
Apostolos Kokulis to Paul Kokulis ; Muriel C. Noyes to Muriel
C. Tierney; George Wilfred Lexner to Wilford MacKenzie
Martin; Cournelious Winters to John Reed; William Deeb to
William Debb Nicholas; John Degasis to Bolic Alexander
Degasis; Vytautas Boleslovas Aukstulevicius to Vit Thomas
Akstull; Leo Gilbert Lajoie to Gilbert Leo Dumas; Joseph
John Ferrera to Joseph John Gilinsky; Shirley June Ferrera
to Shirley June Gilinsky; Elefthareos John Folis to TuUy
John Folis; Demetrios Gregoriou Karamitopoulos to James
George Garros; Efstratios Hrisantheas alias Chrisantheas to
Strates Christy; Michael Paskiwicz to Michael Paskevich;
Harold Jackson French to Harold Jackson Fowle; Edmund
Jozaitis to Edmund Jositas; Leo Edward Jozaitis to Leo
Jositas; Koula Vassil Pachajakis to Kay Vassil; Madeline
Pachajakis to Madeline Vassil; Doris Zeeler to Doris
Marguerite Labounty; Ronald Sylvio Chommard to Ronald
Slattery; Louis Kalmonowith to Louis Harold Camann;
Sefania Raczki to Christine Raczki ; Adela Raczki to Dolores
Raczki; Delzina Cordelia Soucy to Joyce Marie Soucy; Helen
B. Lamontagne to Elaine B. Lamontagne; Lillian Der-
Hovhanesian to Lillian Injian Derr; Avedis H. DerHovhane-
sian to Avedis H. Derr; Joseph Achile Gourd to Joseph
Archile Gould; Lucia B. Gourd to Lucia B. Gould; Leonora
Goulson to Leonora Cousins; Lois Jacqueline Roux to Lois
Jacqueline Heselton; Judith Sandra Roux to Judith Sandra
1943] Chapter 243 383
Heselton ; Morris Feuerstein to Morris Firestone ; Anthony J.
A. Wolkowski to Anthony J. A. Wolkow ; Demetrios Papana-
stasiou to James Pappas; David Solomon Casbe to David
Solomon David; William McCarthy to William Francis
Parker; Frank Lavigne to Frank Kruczek; Pearl J. Lucz-
kewycz to Pearl J. Luckury; Mary A. C. Laflamme to Mary
A. C. Fahey; Helen Goonan to Helen Connor; Joseph Elzear
Dube to Leo Paul Dube; Willie Saxton to William Louis
Saxton; Peter Spiretos to Peter Debelis; Leo Joseph Dufour
to Leo Joseph Linehan; Adelard Guichard to Adelard
Diehard ; Henry Raymond Walker to Henry Raymond Jordan ;
Robert Hanson to Robert Hanson Moffitt; George Edward
Popp to George Edward Johansen; Henry Mills to Henry
Smith ; Joseph Wilfrid LaMarche to Alfred Joseph LaMarche ;
Leon Gibson Roberts to Leon Gibson Phinney ; Thomas Alphee
Dufour to Thomas Francis Linehan ; Joseph Edward Oliver to
Joseph Edward Morin; Ovide Petit to Ovide Petit Mitchell;
Paraska Luczkiewicz to Pearl J. Luckury.
Changed by Adoption. Norah Jean Cutts to Jean Nora
Stimson ; Frances Agnes Bailey to Donna Mae Kirsch ; Esther
Marie Charpentier to Constance Maria Colasacco ; Baby
Knowles to Stephen Franklin Flanders; Mary Louise Travers
to Judith Alice Willard; Paul Ernest Marquis to Ernest
Joseph Barbeau ; Richard Joseph Michaud to Wilfred Paul
Lachance; Baby Ronan to Kathleen Estelle Young; Rita
Jutras to Rita Gelinas; Claire Jutras to Claire Gelinas;
Madeleine Roberge to Madeline Theresa Bouchard; Mary
Jane Hilson to Mary Jane Dastous; Baby Mickielevich to Jay
Kendall Nichols ; Ruth Athelia Wilson to Ruth Athelia Towle ;
Edna J. S. Dana to Edna J. Riddel ; Louis J. Smith to Louis J.
Marshall; Robert Joseph Richard to Robert Joseph St. Cyr;
Baby Dion to Berthel Frederick Johnson, Jr. ; Dorothy Mary
Joyal to Nancy Ann Gatto; Marie Houle to Marie Marceau;
Bernard Richard Watkins to Normand Paul Gosseline;
Pauline Atkins to Pauline Mae Foster; Jeannette Naomi
Carter to Jeannette Naomi LeClaire; Edwin Clayton
Partridge to Jon Edwin Nichols; Margaret Elizabeth Foster
to Margaret Elizabeth Knowles; Arthur Richard O'Hare to
Arthur Richard Stockley ; George Henry Clermont to George
Henry Bourque; David Osmer to James David Wheeler;
Richard Earl LaBranche to George Richard Earl Dubois;
Female Infant to Beverly Ann Grigas; Paul Quinn to Paul
384 Chapter 243 [1943
Reilly; Marie Jeannette Fortin to Marie Jeannette Lamoit-
tagne; Pauline Alice Fortin to Pauline Alice Lamontagne;
Alfred Keneth Scofield to Alfred Keneth Barbour; Russell L.
Lilly to Russell L. Sylvester; Edward Ronaldo Thayer to
David Allan Bruce; Charles William Savage also known as
Charles William Murphy to Charles William Margaritis;
Robert Lionel Blanchette to Robert Lionel Rivard; Russell
Keefe to Russell Lucier; Rita Clouette Beaudette to Rita
Regina Roux; Georges Robert Desrosiers to Georges Robert
LaFleur; Jean Rose Marchetti to Jean Rose Krzyzanowski ;
Arthur Armand Cardin to Arthur Durling Corliss; Robert
Drolet also known as Robert Tardiff and Robert Robidas to
Robert Tardiff; Margaret Elizabeth Johnson to Margaret
Elizabeth Chipman; Nancy Theresa Marchion to Jacqueline
Obin; James Stewart Murphy to Donald Stuart Arthur La-
Tourette; Robert Eugene Taboske to Robert Eugene Taboske
Fallgren; Thomas Wayne Worthley to Wayne Thomas Ring;
Baby Bellinger to Diane Elizabeth Steady; James H.
Demanche also known as James H. Grover to James Lizotte;
Henry Lachance to Henry Bilodeau; Barbara June Kelley to
Barbara June Morse; Robert Andrew Lariviere to Robert
Andrew Lupien; Joseph Nalette to John Joseph Mayhew;
Baby Puras to Sheila Jane Brown; Robert Francis Schmidt-
chen to Robert Francis Rogier; Lionel Routhier to Lionel
Simard; Everett Campbell to David Francis Totte; Ai'thur
Joseph Russell to Arthur Joseph Russell Boisseau; Gail
Frances Cochran to Elizabeth Cochran Knudsen; Pierrette
Jacqueline Gingras to Pierrette Jacqueline St. Pierre; Baby
Bocon to Joan Marcelia Tracy; William Pickett to William
Briand; Norman Joseph Morrissette to Norman Joseph
Curran ; Cleo Alberta Raza to Cleo Alberta Davis ; Irene Delsie
Raza to Irene Delsie Davis; Eveline May Nelson to Evelyn
Mae Davis; Robert Valley to Robert Fisher; Ernest Hubert
Brodeur to Ernest Hubert Chaput; Marie Claire Brodeur to
Marie Claire Soucy; Elaine Rose Normandeau to Elaine Rose
Paradis; Louise Mae Allen to Louise Mae Claveau; Marie
Alice Lorraine Janice McDonald to Marie Lorraine Janice
Page; Dolores Agnes Lavallee to Dolores Agnes Roy; Roland
Henri Soucy to Roland Henri Pelletier; Freda Nason to Freda
Claveau; Francis Edgar LePage to Francis Edgar Small;
Baby Hurd to Richard Terry Swenson; David O'Brien to
David J. Fox; Robert Aurelian Grenier to Robert Aurelian
1943] Chapter 243 385
Beaudin; Barbara Ann Dyer to Barbara Ann Fowle; Rocky
Edward Thompson to Robert Bruce McClarty ; Doris Levesque
to Doris Pelletier; Lucille Laliberte to Lucille LaJoie; Roger
Laliberte to Roger LaJoie; Walter Dyrkacz, Jr. to Walter
Zinis; Carol Ann McDonald to Carol Anne Fitzpatrick; Baby
Goss to Edmund Irving Elgart; Raymond Edward Lawrence
to Raymond Edward Kecy; Baby Croteau to Florence June
LeMay ; Lucie Courteau to Louise Rheault ; Barbara Ann Grew
to Barbara Ann Connor; Baby Leclerc to Raymond Edward
Penn, Jr.; Mary Theresa Sievers to Mary Theresa Denon-
cour; Catherine May Benson to Frances Catherine Hayden;
Robert Francis St. Hilaire to Robert Francis Schambier;
Emile L. Corriveau to Emile L. Arguin; Yolande Carmene
Corriveau to Yolande Carmene Ai'guin; Gerard Arthur Corri-
veau to Gerard Arthur Arguin ; Wesley James Cote to Wesley
James Greeley ; Elizabeth Ann Signor to Elizabeth Ann Moses ;
Mildred Gardner to Ruth Hildred Martin; Ronald Elliott to
Ronald Elliott Bellemare; Baby Bernard to Patricia Alice
Thompson; Shirley Ann Stevens to Marjorie Ann Thurlow;
Esther Arlene Delisle to Esther Beatrice Luce; Joyce Eleanor
Miller to Joyce Eleanor Bailey; Baby Otis to Tanya Lyn
Spiracos; David Verne Rich to David Verne Letendre;
Mariette Paris to Mariette Dignard; Mary Rita Gill to Rita
Goudreau; Claudia Ann Piotrowski to Claudia Ann Smas;
Judith Catherine Piotrowski to Judith Catherine Smas ; Phyllis
Donahue to Phyllis Brown; Robert Duane Harrell to Robert
Duane Buchanan; Harold Paine to Clayton Milton Hall; Joyce
Ellen Grant to Marjorie Ann Kay; Starr Joan Ann Salter to
Evelyn Rosamond Webb; Clifford Arthur Gates to Henry
Arthur Osborne; John Manoleros to John Wardner; Ronald
Leo Levesque Renaud to Ronald Leo Roy; Mary Claire
Simoneau to Mary Claire Ring; Henry Desilets to Hemi
Charles Gagne; Robert Charles Ziemba to Robert Charles
Schlottmann; Betty Lou Beaudoin to Therese Yvonne
Beaudoin; Raymond Joseph Pepin to Raymond Joseph Cote;
Richard Ellmore Warren to Richard Taylor Murphy; Rita
Marguerite Smith to Rita Marguerite Levesque; Robert
Cadieux to Robert Ronald Bernard; Richard Lloyd Durant to
Richard Lloyd Coady ; Charles Bradley Stearns to John Perley
McGrath; Robert Wayne Breton to Robert Wayne Grant;
Robert Wilfred Vanasse to Robert Wilfred Martineau; Carol
Ann Gilbert to Carol Ann Nerbonne; Lois Clorine Stevens to
386 Chapter 243 [1943
Lois Clorine Nelson; Gene Wheeler to Richard Redmon
Russell; Nicholas Coronis to Nicholas Edward Warring;
Homer Theodore Worcester to Homer Theodore Ford; June
Elaine Worcester to June Elaine Ford; Paul Carey to Stephen
Blaisdell Norwood ; Andre Duplessis to Kenneth Arnold Boone ;
Renie Rochf ort to Raymond St. Jean ; Beverly Waillancourt to
Nancy Plante; Frank Thomas Moody also known as Thomas
Rosewell Moody to Frank Thomas Wells ; Sylvia Belle Clifford
to Sylvia Belle Blaisdell.
Cheshire County — Cynthia Townsend to Patricia Mae
Gauthier; Audrey Helen Caron to Audrey Helen Oksanen;
Francis C. Wilder to Frank C. Parker ; Hendra Prita Hendrick-
son to Helen Prita Holt ; Patricia Ann Wilber to Patricia Ann
Bloom; Gordon A. Courure to Gordon Albert Neaves; Bonar
L. Erickson to Bonar Lee Koski ; Verna M. Knox to Gertrude
Louise Knox; Lawrence La Wayne Wilder to Lawrence Le-
Wayne Pratt; Beverly J. Hubbard to Sandra Jane Hubbard;
Arthur Cyr to Barry Gorges Pearson; John Dana Redington
to John Skinner Redington; John E. Tillman to John E. Pratt;
Donna Marie Pateneaude to Donna Marie Lindsay; Guerino
Didomenico to William Dedo; Alfred Edmund Scott to Alfred
Edmund Dingman; Bradley C. La Valley to Bradley Chester
Pratt; Gordon F. Lapierre to Gordon Francis Spinelli; Ruth
Anna Lapierre to Ruth Anna Spinelli; Joan Shover to Mary
Elizabeth Bush way; George Michael Tellia to George Michael
Tellier; Donald V. Record to Donald Record Inglis; William
Francis Dupree to William Francis Dupree ; Sterling R. Valley
to Gary Robert Green ; Constantine Zahos to Charles E. Zahos ;
James H. Pelkey to James H. Graves; Alfred Papineau to
Alfred John Harper; John R. Joudrey to John Robert Oman;
Elaine Wood to Elaine Winn; Leda Bergeron Ladam to Leda C.
Bergeron; Walter C. Abrahamson to Walter C. Hanson;
George E. Williams to George E. Nason ; Lee B. Dow to Leigh
Burton Dow; Louis Laware to Louis Whitcomb; Raymond N.
Huse to Raymond Neal Wheeler; Damon W. Stevens to
Damon W. Stendor; Bette A. Barrett to Betta A. Grouse;
Elizabeth A. Perrault to Elizabeth Ann Handy; Everett H.
Littlefield to Everett Henry Chaplin; Guy Dunn to Charles
Ernest McCray ; Joan Ann Lecuyer to Joan Ann Stone ; Charles
Arthur Nicolas to John Arthur Nicholas ; Loretta L Blanchard
to Loretta L McRae; Marjorie Nelson Thompson to Marjorie
Ann Nelson ; Romeo Frederick King to Robert Frederick Clay ;
1943] Chapter 243 387
Cecil Winfred Barrett to Cecil Winfred Wilson; Michael Person
to Michael Johnson ; Beatrice Ann Patenaude to Beatrice Ann
Lepitre; Ronald Girard Betz to Ronald Girard Doyle; Carol
Betz to Carol Doyle; Daniel E. Betz to Daniel E. Doyle;
Eleanor V. Betz to Eleanor V. Doyle; William H. Betz to
William H. Doyle; Mary B. Merry to Ruth Boyea Merry;
Chester Keniskman to Chester F. Kingsman; Eleanor Ger-
trude Moynahan to Eleanor Gertrude Joyce; Norris E. J.
Moynahan to Norris E. J, Joyce; Durward Laware to
Durward Charles Whitcomb; Richard M. Letourneau to
Richard Oliver Duval; Baby Boy Andrews to Donald Merle
Prevost; Kenneth P. Desrochers, adopted, no change; Ger-
aldine Ruth Parks to Patricia Margaret Calef ; Ruth K. Bab-
kirk to Ruth K. Babcock; William W. Babcock to James
William Babcock; Harold Francis Martin to Harold Francis
Henchey ; Cynthia Jane Turner to Cynthia Jane Kathan ; Carl
V. Belluscio to John Carl Belluscio; Josef Krystopowicz to
Joseph Kristof ; Anne Krystopowicz to Anne Kristof ; Francis
Krystopowicz to Francis Kristof; Harold J. Lang to Jeffrey
Russell Cleary; Gerald A. Nallett to Gerald Alfred Bussiere;
Eleanor Taylor to Eleanor Taylor Mason ; Carl Hanson to Carl
Robert Fairbanks; Sergius Polewik to Frank Kay; Alfred L.
Castor to Alfred L. Castaw; June Beverly Stone to June
Beverly Brown; John J. Matthews to John Roger Matthews;
Reginald A. Davis to Reginald Arthur Karr ; Shirley M. Davis
to Shirley May Karr; Lawrence R. Pinney to Lawrence Ray
Burnham; Thomas J. Bergeron to Gerard Joseph Arseneault;
Richard A. Clarke to Richard A. Grossman; Claire Mary La-
Coille to Elaine Mary LaCoille ; Albert Frank Thayer to Albert
Frank Bailey; Pauline L. Corey to Pauline Louise Caron;
William J. Minor to William Joseph Ford; Donald* W. Chase
to Donald William Ball; Melvin S. Bushia to Melvin S. Bushey;
James A. Griswold to James Albert Ingalls ; Albert Tolman to
Odella Tolman; Mike WilHam Zmaskie to Michael William
Zeminsky; Melvina Pellerin to Eleanor Lavina Pellerin; Fran-
cis Driscoll to Francis DeMars; Josephine Katherine Black to
Josephine Katherine Bogumiloff ; Harold V. Lambert to Verne
Harold Lambert; Marie M. King to Margaret Evelyn King;
Leslie L. Robbins, Jr. to Leslie Robert Robertson ; Norman R.
LeBracque to Norman R. Weeks.
Sullivan County — Kathleen Holbritter to Joan Gladys
Spooner; John Richard Ihalainen to John Richard Hallin;
388 Chapter 243 [1943
Sandra Jean Howard to Sandra Jean Posey; Wesley Gardner
Brailey to Charles Gilbert Brailey ; Leslie Gilbert Odell to Leslie
Gilbert Lewis; Dana Guy Boisoneau to Dana Guy Herbert;
Ephraim Russell to Jack Harding; Austin Robert Carr to
Austin Robert Waters; Doris Louise Archambault to Doris
Louise Lepicier; Charles W. LaPierre to Fred Davis Barnes;
Sylvia May Carley to Sylvia May Hatch ; Theodore E. Vickarey
to Theodore E. Smith; Abe Bennes Hirsch to Benjamin Abe
Hirsch; Shirley Evelyn Green to Shirley Evelyn Noakes;
Oscar Arthur LaPlante to Harry Oscar LaPlante; Joanne
Carole Williams to Joanne Carole Page; Joy Ann Ducharme
to Joy Ann Jenkins; Marjorie Marie York to Marjorie Marie
Stevens; Elsie May Thurber to Elsie May Barton; Arthur J.
Parizo to Arthur J, Pariseau; John Kazanowich to John
Kowzan; Clarence 0. LeBlanc to Clarence LeBlanc Paulette;
Ernest A. LeBlanc to Ernest LeBlanc Paulette; Harlan Ernest
Ryan to John Henry Lunderville ; Robert Cote to Robert Lane ;
Glenn Foster Grimes to Glenn Foster Niles; Matti Kanko-
lander to Matti Starr; Pauline Pearl Duguie to Pauline Pearl
Abare; Archie Richard Whittemore to Archie Richard Cox;
Onni Ernest Pesola to Ernest Onni Pesola; Daniel Courta-
marthe or Daniel Courtemanche to Daniel Philippe Palmer;
Gladys Ruth Moran to Ruth Merle Edminster; Kenneth
Fontaine Goodrow to Kenneth Joseph Fontaine; George
Davidson to George Raymond LaTuHppe; Joseph Armand
Boisvert to Joseph Armand Greenwood; Rolland F. Burch to
Roland F. Pratt; Helen Estella Oikari to Helen Estella
Hendrickson; Amos E. Provencal to Amos E. Russell; Omer
M. Provencal to Omer M. Russell; Oney Z. Provencal to Oney
Z. Russell; Reita D. Provencal to Reita D. Russell; Roberta L.
Provencal to Roberta L. Russell; Lucille Josephine Welch to
Lucille Mary Normandin ; Marie Virginia (Herbert) Hansen to
Ada Virginia Hansen.
Grafton County — John Henry Abbott to Howard Davis
Bennett, Jr. ; Leon Ammel to Leon La ware ; Meredith Una
Avery to Meredith Mary Elaine Demers ; David Applebaum to
David Appleton ; Margaret Boss to Margaret Holinbrook ; Alan
Frederick Brooks to Alan Frederick Elwood; Lynne Alfreda
Belleau to Linda Spafford; Helmut Hans Bielschowsky to
John Hans Biel; Daniel A. Carlin to Daniel Andrew Stevens;
Arthur Sherman Chase to Arthur Sherman Muchmore; Ethel
E. Dow to Ethel E. Downing; Beverly Ann Eastman to
1943] Chapter 243 389
Beverly Ann Lanning; Richard Oliver Elliott to Richard
Oliver Prescott; John Galloway to Lawrence John Gazley;
James Henry Godin to Richard James Fields; Ruth Marion
Gravett to Ruth Marion Wright; James Francis Guay to
Stephen Josselyn Young; Ralph Johnston Gordon to Ralph
Johnston Beaman; Arthur Harlow to Kenneth Hugh Sensinig;
Mary Ellen Hoyt to Frances Ellen Cobb; Albert Helm to
Albert Helm Meyers ; Theodore F. P. Mooney to Theodore F.
P. Mooney; Joseph Raymond Ordway to Raymond J. Kelly;
Irving Leo Plant to Leo Ernest LeClerc; Christie E. Parker to
Christine E. Parker; Teresa Emily Revoir to Teresa Emily
Glode; Bruce Robert Sanborn to Robert Bruce Folsom;
Gabrielle Silverman to Michelle Silverman ; Clifton Whitney to
Clifton Barden ; Boyd Kenneth Conery to Boyd Elmer Leavitt ;
Alma Bertha Conery to Marian Smith Robbins; Dudley E.
Corey to Dudley K. Russ ; Evelyn A. Corey to Evelyn A. Russ :
Marilyn Phyllis Corey to Marilyn Phyllis Russ; Brenda
Louise Dicey to Ruth Marie Sharp; Donald Bruce Doyle to
Donald Bruce Blake; Marion Norma Flagg to Marion Norma
Clark; Roy Hutchins to Roy Nelson Andrews; John Joseph
Hill to Warren Ivings Garland; Frederick David Haughn to
Dale Frederick Keniston ; Richard Ward King to Donald Ward
King; Foster Lowell to Foster George Cook; Leonard Lemay
to Leonard Prech; Richard Talbot Lariviere to Richard
Charles Bisson; Patricia M. La Voice to Patricia M. Young;
Arthur Andrew Macropal to Andrew Arthur Bullard; Edna
Jean Newell to Edna Jean Berry ; Jean Nelson to Martha Gale
Chamberlin; Wanda Isabelle Peckham to Alice Loraine
Merchant; Donald L. Patenaude to Robert Leo Patenaude;
Roland Ralph Romprey to Roland Ralph McNeil ; Ross E. Sylce
to Ross Earl Seace; Pauline Mae Shields to Pauline Mae Bois-
vert ; Nancy Rae Sleeper to Nancy Rae Woodward ; James Earl
Santy to James Earl Kinne; Wanda Lee Schofield to Wanda
Lee Sanborn; Ratha Roy Tobine, Jr. to Alfred Pillsbury;
Robert Saville Varney to Robert Jackson Varney; George D.
Wood to Donald Hazen Woodward; Elizabeth H. White to
Elizabeth Jane Healy; Baby Willson to John Neale Richard-
son.
Coos County — Alfred N. Rainville to George A. Rainville;
Donald Murry Sandelin to Donald Murry Jordan; James B
Pearlstein to James Clark Burrill; Marion Peterson Monahan
390 Chapter 243 [1943
to Marion Peterson; Robert Stiles to Robert Baird; David
Lionel St. Georges Montambeault to Lionel David Tardiff;
Alice Hissen to Alice Jassop; Nazreea Hassan to Isadora
Jassop; Theresa Haisen to Theresa Jassop; Donald Leslie
Hawes to Donald Leslie Fogg; Norma E. French to Norma E.
Barnes; Joseph Octave Anthanase Cloutier to Arthur Joseph
Couture; Jeanette Mary Long to Jeanette Mary Nadeau.
Changed by Adoption : Lillian Mary Napert to Lillian Mary
Garon; Norman Majorique Doyon to Norman Majorique
Baker; Priscilla Azilda Doyon to Priscilla A. Baker; Betsy
Ann York to Betsy Ann Steinbruch; George T. Lindgren to
Alan Leason Martin; Edith Margaret Timmony to Margaret
T. McLaughlin; Edward Littlehale to Willard Elwood
Cameron; James Littlehale to James Howard Cameron;
Ronald David Thurlow to Ronald David Buckley; Edwin Lee
McKeage to Edwin George Hapgood ; Richard Brian Jodrie to
Arthur Irving Webber, Jr. ; Gracia Bedard to Gracia Lemieux ;
Stephen Eugene Rowell to Stephen Eugene Hickey; "Infant"
Dresser to Judy May Burbank; Valerie Annette Ridgewell to
Valerie Annette Leighton ; Sandra Fay Johnson to Sandra Fay
Keating; Stanley Chapley to Stanley Pettingill; Pauline Hazel
Chapley to Pauline Hazel Pettingill; Philip Arthur Morse to
Donald Silas Miner; Marie Ann Baron to Mary Ann Veilleux;
Paul Vincent Alphonse Breton to Paul Vincent Alphonse
McCready ; Minnie Helen Hart to Minnie Helen Martel ; Henry
George Leighton Couturier to Henry George Daniels; Roy
Spreadbury to Guy Maure; Linda Gail Hicks to Linda Gail
Nourse ; Mary Elizabeth Shores to Mary Belle Knapp ; Roberta
Bennett to Sandra Jean Burgoyne; Leonard Lincoln Diselets
to Leonard Lincoln Lowe; Beverly Fern Wheeler to Beverly
Fern Young; Edward Pearl Wheeler to Edward Pearl Young;
Sandra Rae Blodgett to Sandra Rae Dumas; Francis R.
Stevens to Francis Ricker; Ernestine Wheeler to Ernestine
Jennie Clogston.
From January, 1941, to January, 1943, the registers of
probate returned to the secretary of state the following
changes of names made by the superior court in divorce
proceedings :
Rockingham County — Anne E. Hamilton to Anne Eliza-
beth Skelly; Dorothy S. Heger to Dorothy M. Shaw; Julia S.
Lynch to Julia S. Danley; Phyllis Mabel Meloon to Phyllis
1943] Chapter 243 391
Mabel Trefethen; Edith M. Mosher to Edith M. Rowe;
Antoinette A. Stevens to Antoinette Gendron; Mary A.
Trafton to Mary A. Fudge; Nellie B. Bower to Nellie B.
Purdy; Vivien G. Broes to Vivian G. Howard; Margaret J.
Craft to Margaret Johnson; Emily Florence Dambrino to
Emily Florence Wilson; Maude D. Fogg to Maude D. Moulton;
Caroline G. Fowler to Caroline E. Gynan; Concetta Marie
Guarino to Concetta Marie Rando; Gertrude C. Knowles to
Gertrude C. Eaton; Evelyn Pennewaert to Evelyn Johnson;
Jennie C. Scamporino to Jennie Colombo; Christine Soteros
Syrios to Christine Soteros; Ethel M. White to Ethel M.
Burley; Elisabeth Verna Williamson to Elisabeth Verna
Tierny; Christine P. Nelson to Christine Harriet Phelps;
Virginia C. Sebastian Long to Virginia C. Sebastian (Annul-
ment) ; Beulah Moore to Beulah Marsh ; Phyllis Madeline
Marks to Phyllis Madeline Webb; Ella T. Loughlin to Ella T.
McKinnon; Marjorie Leah Popoff to Marjorie Leah Brayton;
Dorothy C. Hall to Dorothy Catherine Ballou; Pauline Hear-
rin to Pauline Paul; Mae J. Shapleigh to Mae J. Armstrong;
Thelma F. Jackson to Thelma B. Florence ; Shirley C. Churchill
to Shirley C. Blake; Harriet R. Phillips to Harriet R. Little-
field; Dorothy Grace Ogden to Dorothy Grace Holt; Julia E.
St. John to Julia E. Moody; Mary Ethel Sullos to Mary Ethel
Merrill ; Jane Bukata Dixon to Jane Bukata ; Barbara Frances
Fickett to Barbara Frances Stubbs; Pauline T. Gilchrest to
Pauline Thelma Graham; Ruth Olive Jestings to Ruth Olive
Stacey; Gertrude Lee Montanye to Gertrude Lee Belmont;
Beatrice H. Scarborough to Beatrice Elizabeth Hartford;
Edith C. Stevens to Edith Cummings Mellen.
Strafford County: Alice E. Johnson to Alice E. Staples;
June M. Merrill to June M. Nichols; Lucy Marie McElroy to
Lucy Marie Bureau ; Madelene A. Woods to Madelene A. Copp ;
Doris MJ Tebbetts to Doris MJ Lacasse; Jean Beaudette to
Jean Nevers; Helen Susan Tinker to Helen Susan Caswell;
Olive Ruth Lenfest to Olive Ruth Porter; Alberta G. Hinson
to Alberta G. Labbe; Minnie A. Currier to Minnie A. Hamel;
Lena F. Moreau to Lena F. Ellis; Annie Mae Gibbs Chasse to
Annie Mae Gibbs; Ruth E. Lewis Bowman to Ruth E. Lewis;
Effie E. Dwire to Effie E. White; Barbara E. Wiggin to
Barbara E. James; Elmina Pastene to Elmina Begin; Muriel
L. Munsey to Muriel L. Turner; Aimee H. Knight to Aimee H.
392 Chapter 243 [1943
Robertson; Marjorie Lucille Grenier to Marjorie Lucille
Burrows; Evelyn B. McKenna to Evelyn Bourdage; Frieda
lona Demers to Frieda lona Dwyer; Mary Pauline Drapeau to
Mary Pauline Stevens; Eleanor F. Sylvester to Eleanor F.
Masury; Lillian A. Trott to Lillian A. Norton; Lorraine A.
Bridges to Lorraine A. Casey.
The following names were changed at the time of naturali-
zation : Marie Rachel Elyzabeth Garneau to Rachel Elyzabeth
Garneau; Michael Paul Gecim (Hashem) to Michael Paul
Hashem; Florida Mary Kennedy to Freda Mary Kennedy;
Maroudio Goumalatsos to Mary Goumalatsos; Saleh Faris
Mourad to Samuel Faris Mourad; Raglan Augustus Shatford
to Raymond Augustus Shatford; Florian Swensiski to
Lawrence Swensiski; Christos Aggelon to Christ Angelos;
Argero Roditis to Sylvia Rodis; Hilmi Esmail to Helme
Esmail; Ernest Norman Fitzgerald to Ernest Norman; Stav-
roula Athanasiou to Stella Athanasiou; Albertine Orpha
Croteau to Eva Albertine Croteau; Jeannette Marie Berthe
Dutilly to Jeannette Dutilly.
Belknap County — Alice Mae Prince to Alice Mae Pea-
body ; Cora J. Higgins to Cora J. Bracy ; Dorothy Mae Norton
to Dorothy Mae Ainsworth; Velma M. Audet to Velma M.
Teft; Jessie Frances Ness to Jessie Frances Burley; Ida
Bernice Stone to Ida Bernice Rollins; Mabel C. O'Shea to
Mabel C. Wilkins; Elizabeth Malouin to Elizabeth Wakefield;
Vernila Louise DeMar to Vernila Louise Merchant; Elizabeth
E. Daigneau to Elizabeth E. Greene; Marion P. Baker to
Marion Phelps ; Valena Nadeau to Valena Babineau ; Marie M.
Trudeau to Mary M. Lapitre; Charlotte Adelaide Jefferson to
Charlotte Adelaide Whittpenn; Clara Bunnell Howser to
Clara Bunnell Gulley; Orellie E. Marston to Orellie E.
McWilliams.
Carroll County — Margaret Blackwood to Margaret Cur-
tin ; Bessie H. Herbert to Bessie H. Kimball ; Grace H. Conliff
to Grace H. Floyd; Eva D. Demeritt to Eva Ethel Emerson;
Helen M. Brown to Helen M. Runnels ; Bernice Mills Nickerson
to Bernice Mills.
Merrimack County — Mildred V. Rogers to Mildred V.
Haney; Clara Lucier to Clara Wing; Ora Temple to Ora
Langevin ; Ruby L. Colburn to Ruby L. Virgin ; Lucy T. Boulay
to Lucy Ann Tsaridis ; Myrtol M. Trainor to Myrtol M. Chap-
1943] Chapter 243 393
man ; Esther Aurora Colby to Esther Aurora Paveglio ; Marie
Thompson Stimmell to Marie G. Thompson; Pauline M. Hoit
to Pauline M. Swain ; Pauline P. Roberts to Pauline P. Leavitt ;
Geneva F. Lodge to Geneva Grace Fisher ; Helen H. Kropp to
Helen H. Goldman; Laura Gaynor to Laura Presby; Evelyn
L. Anstett to Evelyn L. Cross ; Harriett A. Sanders to Harriett
Isabella Albee ; Erdine M. Blais to Erdine Marguerite Kimball ;
Olga C. Rines to Olga C. Quintiliani; Florence L. Tucker to
Florence L. Gerald; Louise L. Weatherbee to Louise E.
Leonard; Evelyn A. Cilley to Evelyn A. McGown; Dorothy P.
Hassett to Dorothy Jardine Perkins; Hazel Evonne SanSouci
to Hazel Provencher; Mae Mansfield Noyes to Mae Louise
Mansfield ; Helen M. Morris to Helen Mary Johnson,
Hillsborough County — Elizabeth V. Wilson to Elizabeth
V. McHugh; Jeanette E. Aman to Jeanette E. Reimer; Orpha
Gregoire to Orpha Beland; Philomene Daneault to Philomene
Rancourt; Eva W. Holmes to Eva W. Bemis; June Irene
Greeley to June Irene Rich ; Barbara Anne Connors to Barbara
Anne Dane; Violete R. Watkins to Violete Renaud; Doris
Clark to Doris Anderson ; Thelma G. Frear to Thelma C. Good-
win; Sylvia Arline York to Sylvia Arline Heino; Doris M.
Ciechon to Doris Morrell; Ollie LeRoy Young to Ollie LeRoy
Camp; Frances K. Berry to Frances Gile Kilton; Phyllis L.
Philbrook to Phyllis L. Slate; Marjorie D. Ziarko to Marjorie
D. Glover; Mary E. Sullivan to Mary E. Reilly; Ruth T. Angus
to Ruth T. Estes; Cynthia E. Clifford to Cynthia Erskine;
Mildred Ferguson to Mildred Felch; Natalie Donahue to
Natalie Williams; Bertha H. Shedd to Bertha May
Hilchey; Mildred Bonney to Mildred A. Walker; Thelma Le-
Blanc to Thelma Gertrude Dickie; Anna Stanczak to Anna
Palenska; Fannie Hilton to Fannie Mason; Emilienne Carrier
to Emilienne Rouleau; Mary Louise Paquette to Mary Louise
Houle; Mikalina B. McCarthy to Mikalina Balkus;
Helena A. Riel to Helena Alice Parkhurst ; Lucille Tassinari
to Lucille Beland; Corine M. Savageau to Corine M.
Stuart; Hermina Dostie to Hermina Beaulac; Stella D. Guz-
man to Stella Delia Royer; Violet Blakelej^ to Violet Cousins;
Elsie Sharby to Elsie Yeaton; Gladys S. Cushman to Gladys
Stiles; Ollie Nowakowski to Ollie Wix; Edith B. DesRochers
to Edith B. Bellefleur; Alice LaFrance Woods to Alice
LaFrance; Charlotte Avery to Charlotte Lavigne; Viola B,
Dugas to Viola B. Davis; Cecile Fortier to Cecile Demeule;
394 Chapter 243 [1943
Stella P. Tucker to Stella Polar; May Fober to May DeWaele;
Rose Tambakiss to Rose Bienvenue; Verretta Ouellette to
Verretta Austin; Laurette Carelli to Laurette LeComte;
Roberta Cell to Roberta Morrill; Margaret E. Eastman to
Margaret Emerson; Nathalia Turcotte to Nathalia Gagnon;
Yvonne Carette to Yvonne Letourneau; Sabra Ellen Murray
to Sabra Ellen Weatherbee; Fannie K. Baraby to Fannie K.
Axton; Mary Blekitis to Mary Mozitis; Edith J. Abbott to
Edith J. Hanley ; Addie D. Kimball to Addie M. Dalton.
Cheshire County — Doris Forsyth to Doris Luce ; Josephine
Couillard to Josephine Stevens; Sarah Callahan to Sarah
Northrup; Catherine Eleanor Cheney to Catherine Eleanor
Fowler; Mary Rose Carey to Mary Rose Pollard; Nellie
Gertrude Hale to Nellie Gertrude Sawtell; Mildred R. Cross-
man to Mildred Rose Curtis; Eulela Chesley Wallace Long-
ever to Eulela Chesley Wallace; Evelyn Mary LaPlante King
to Evelyn Mary LaPlante; Ida E. Barrett to Ida Augusta
Edwards; Jessie C. Wilson to Jessie C. Schlichting; Thelma V.
Bucheri to Thelma V. Leonard; Hope Armitage Williams to
Hope Armitage; Mary M. Giguere to Mary Martina Weeks;
Elsie Buckley to Elsie Rich Morris; Mildred MacCollom Alli-
son to Mildred MacCollom Felix; Gladys A. Thompson to
Gladys A. Denico ; Mary Rita Blair to Mary Rita Doyle ; Doris
B. Gale to Doris M. Brazer; June W. Asbury to June A.
Wetherbee; Rachel Victoria Vanni to Rachel Victoria Abare;
Marion Loumina MacDonald to Marion Loumina Paradise;
Vera Proctor Whitman to Vera Mae Proctor; Millicent A.
Prevost to Millicent Alma Grossman; Virginia R. Parsons to
Virginia Irene Richardson; Leona P. H. Davis to Leona P.
Hastings.
Sullivan County — Frances Dudley Taylor to Frances
Dudley ; Donna W. Bean to Donna W. Small ; Mabel I. Case to
Mabel L Simpson; Avis L. Winter to Avis L. Brown; Ruby O.
Rowell to Ruby 0. Wilson; Martha I. Charles to Martha I.
Clark; Elizabeth Plunkett to Elizabeth Jacobson; Elizabeth
T. Chase to Elizabeth Thelma Martel ; Eda W. Williams to Eda
W. Lindquist.
Grafton County — Marion B. Bump to Marion B. Moulton ;
Ruth Elizabeth Pappas to Ruth Elizabeth Griggs; Elizabeth
G. Wright to Elizabeth G. George; Kaye Fales to Katherine
Fifield; Violet E. Nelson to Violet E. Spence; Nina C. Coulter
1943] Chapter 243 395
to Nine C. Fellows; Marion L. Paquette to Marion L. Blodgett;
Geanoula Mary Tkagut to Geanoula Mary Lougis.
Coos County — Louise Knox to Louise Gale; Annette
Couture DeChamplain to Annette Couture; Marion Pickford
to Marion Ann Rowland ; Gertrude Pillsbury Dorr to Gertrude
Clark Pillsbury; Winifred Temple Bouchard to Winifred
Virginia Temple; Rita Pearl Nault to Rita Pearl Lacroix;
Anastasia Radsky to Anastasia Sulloway; Leona Pearl Guil-
mette to Leona Pearl Pelchat; Mabel Buoniconti to Mabel
Blake; Auralie B. Lefebvre to Auralie Beatrice Glines; Elsie
Diane Nevins Colman to Elsie Diane Nevins; Vivian R. Swift
to Vivian Rosalie Bacon.
PRIVATE ACTS
CHAPTER 244.
AN ACT RELATIVE TO THE POLICE FORCE IN THE CITY OF CONCORD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. The City of Concord. Amend section 3 of chapter 304
the Laws of 1935 by inserting after the word "designate" the-
words, one and may designate two of the regular poHce as
inspectors, so that said section as amended shall read as
follows: 3. Police Force. The permanent poHce force shall
consist of a chief, a deputy chief, a captain and so many
regular police and so many permanent reserve police as may
from time to time be prescribed by the board of aldermen, who
shall be appointed by the commissioners and who shall serve
during good behavior and while competent to discharge the
duties of the office ; and the commissioners shall designate one
and may designate two of the regular police as inspectors, one
and may designate two of the regular police as sergeants, and
one of the permanent reserve police as captain of the reserve.
The officers and members of the permanent police force in
existence when this act takes effect shall continue to hold their
respective offices, unless removed as hereinafter provided. All
vacancies in the permanent police force shall be filled by the
commissioners.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved January 21, 1943.]
1943] Chapters 245, 246, 247 397
CHAPTER 245.
AN ACT LEGALIZING THE NOVEMBER, 1942, ELECTION IN THE
TOWN OF WILTON.
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 Wilton, held on the third
day of November, 1942, are hereby legalized, ratified and
confirmed.
2. Takes EfTect. This act shall take effect upon its
passage.
[Approved January 28, 1943.]
CHAPTER 246.
AN ACT LEGALIZING THE BIENNIAL ELECTION, 1942, IN THE
TOWN OP WARNER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Meeting Legalized. The votes and proceedings of the
biennial meeting, held November 3, 1942, in the town of
Warner are hereby legalized, ratified and confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved January 28, 1943.]
CHAPTER 247.
AN ACT RELATIVE TO THE COMMISSIONERS OF THE LITTLETON
WATER WORKS.
Be it enacted by the Senate and Hou^e of Representatives in
General Court convened:
1. Littleton Water Works. Amend chapter 255 of tlie
Laws of 1903 by inserting after section 4 the following new
section: Sect. 4-a. The board of commissioners shall hold a
regular meeting once each month and may hold special
meetings at any time when they deem it necessary or as may
be requested by the superintendent. The members of said
398 Chapters 248, 249 [1943
board shall be paid the sum of eight dollars, each, for attend-
ance at any regular or special meeting, provided that no
member shall receive more than one hundred and fifty dollars
in any one year. The per diem herein provided shall be in full
compensation for all services performed by said commissioners.
If any member of the board is absent for four consecutive
regular meetings, without good cause shown, his office as such
commissioner shall be declared vacant and the vacancy shall
be filled by the selectmen, for the balance of the unexpired
term, as original appointments are made.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved January 28, 1943.]
CHAPTER 248.
AN ACT LEGALIZING THE NOVEMBER, 1942, ELECTION IN THE
TOWN OF NEW DURHAM.
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 New Durham, held on the
third day of November, 1942, are hereby legalized, ratified and
confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
CHAPTER 249.
AN ACT LEGALIZING THE NOVEMBER, 1942, ELECTION IN THE
TOWN OF MARLOW.
Be it enacted hij 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 Marlow held on the third
1943] Chapters 250, 251 399
day of November, 1942, are hereby legalized, ratified and
confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
CHAPTER 250.
AN ACT LEGALIZING THE BIENNIAL ELECTION, 1942, IN THE
TOWN OF GREENFIELD.
Be it enacted by the Seriate and House of Representatives in
General Court convened:
1. Proceedings Legalized. The votes and proceedings at
the biennial election of the town of Greenfield, held on the
third day of November, 1942, are hereby legalized, ratified and
confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
CHAPTER 251.
AN ACT LEGALIZING THE ANNUAL TOWN MEETING IN THE TOWN
OF WAKEFIELD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Proceedings Legalized. The votes and proceedings at
the annual election in the town of Wakefield on the tenth day
of March, 1942, are hereby legalized, ratified and confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
400 Chapters 252, 253 [1943
CHAPTER 252.
AN ACT LEGALIZING THE ELECTION OF NOVEMBER 3, 1942, IN
THE TOWN OF GRAFTON.
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 Grafton held on the third
day of November, 1942, are hereby legalized, ratified and
confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 2, 1943.]
CHAPTER 253.
AN ACT TO INCREASE THE POWERS OF STONELEIGH COLLEGE, A
VOLUNTARY CORPORATION.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Powers Increased. Stoneleigh College, a voluntary cor-
poration formed under the provisions of chapter 223 of the
Public Laws of New Hampshire, in the year one thousand nine
hundred and thirty-four, and carrying on its activities in the
town of Rye in the county of Rockingham, is hereby authorized
and empowered in connection with such activities to confer
upon the graduates of said college the degrees of associate in
arts, associate in science and other degrees usually conferred
by junior colleges.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 10, 1943.]
1943] Chapter 254 401
CHAPTER 254.
AN ACT VALIDATING CERTAIN PROCEEDINGS OF THE ANNUAL
TOWN MEETING IN THE TOWN OF CLAREMONT AND AUTHOR-
IZING THE ACCEPTANCE OF THE E. CHARLES GOODWIN
COMMUNITY CENTER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Proceedings Legalized. The votes and proceedings of
the annual town meeting held in the town of Claremont, March
10, 1942, under articles 53 and 54 of the town warrant for said
meeting, are hereby legalized, ratified and confirmed.
2. Acceptance Authorized.* The town of Claremont is
hereby authorized to accept from Mary A. Goodwin, as a gift,
the land and buildings situate at 131 Broad Street in Clare-
mont, New Hampshire, and the sum of twenty-five thousand
dollars for the purpose of immediately remodelling, refinishing
and refurnishing said buildings at 131 Broad Street, to be used
as a community center for the town of Claremont, to be known
as the E. Charles Goodwin Community Center, under the
stipulations and conditions set forth in the resolution adopted
by the town of Claremont at its annual town meeting held
March 10, 1942, under article 53 of the town warrant for said
meeting.
3. Appropriation Authorized. The town of Claremont is
authorized and empowered at each annual town meeting to
make such annual appropriations as may be necessary for the
town to comply with the stipulations and conditions as set
forth in the resolution adopted under article 53 of the town
warrant for the annual town meeting held March 10, 1942.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved February 16, 1943.]
* See also chapter 270, post.
402 Chapter 255 [1943
CHAPTER 255.
AN ACT RELATIVE TO THE ACCEPTANCE OF A LEGACY TO THE
TOWN OF JAFFREY.
Whereas the town of Jaffrey is the legatee under the
residuary clause of the will of Alice W. Poole, which provides
as follows:
"Thirty-Seventh, All the rest, residue and remainder of my
property and estate of every kind and wherever situated, I
give, bequeath and devise to the Town of Jaffrey, as trustee,
in trust, to hold, manage and invest the principal thereof and
to pay the income thereof to a committee of five, the members
of which shall be chosen annually, one to be named by the
directors of the Monadnock National Bank, or its successors,
two by the District Nurse Association and two by the East
Congregational Church. Said committee shall expend said
income in providing additional comforts for elderly people,
children and the youth of the Town of Jaffrey, to take steps
to promote the health of said community, to make loans to
pupils to assist them in obtaining educations, it being my
intention in particular to assist in promoting and improving
the health and mental improvement of the youth of said Town
and to aid the elderly residents thereof. In expending said
fund it is my desire to vest in the committee a wide and
inclusive discretion."
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Ratification of Acceptance of Legacy. The action of the
town of Jaffrey taken at a special meeting held in said town on
January 11, 1943, to accept the legacy under the terms of the
residuary clause of the will of Alice W. Poole is hereby ratified
and confirmed.
2. Disposition of Fund. Said legacy shall be paid to the
trustees of trust funds of said town of Jaffrey and held and
invested by such trustees in accordance with the laws of this
state and the income paid out by them as provided in said will.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved February 16, 1943.]
1943] Chapters 256, 257 403
CHAPTER 256.
AN ACT LEGALIZING THE ANNUAL TOWN MEETINGS OF 1941 AND
1942 IN THE TOWN OF EFFINGHAM.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Proceedings Leg^alized. The votes and proceedings at
the annual town meetings of the town of Effingham, held on
the eleventh day of March, 1941 and the tenth day of March,
1942, are hereby legalized, ratified and confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved February 16, 1943.]
CHAPTER 257.
AN ACT AUTHORIZING THE TOWN OF WHITEFIELD 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 Whitefield is hereby author-
ized to issue its serial notes or bonds to an amount not
exceeding ten thousand dollars ($10,000) for the purpose of
refunding outstanding indebtedness. Said serial notes or
bonds shall be signed by the selectmen and countersigned by
the treasurer.
2. Application of General Laws. Except as otherwise
provided in this act the provisions of chapter 72 of the Revised
Laws shall apply to the serial notes or bonds herein authorized.
3. Takes Effect. This act shall take eff'ect when its provi-
sions 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 Whitefield during the year 1943, the
warrant for which shall contain an article calling for the
consideration of such approval.
[Approved February 16, 1943.]
404 Chapters 258, 259 [1943
CHAPTER 258.
AN ACT RELATING TO THE GOFFSTOWN VILLAGE FIRE PRECINCT
CHARTER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Goffstown Village Fire Precinct. Amend section 4 of
chapter 269 of the Laws of 1891 by striking out the same and
inserting in place thereof the following: Sect. 4. Said precinct
is also authorized and empowered to contract with individuals
and corporations for supplying them with water, and to make
such contracts, and to establish such regulations and tolls for
the use of water, as may from time to time be deemed proper ;
and for the more convenient management of said water-works,
the said precinct shall place the same under a board *of five
water commissioners. At the annual meeting of said precinct
in 1943 there shall be elected one commissioner for a term of
one year, one for two years, one for three years, one for four
years and one for five years, and thereafter at each annual
meeting there shall be elected one commissioner for a term of
five years.
2. Takes Eflfect. This act shall take effect upon its
passage.
[Approved February 18, 1943.]
CHAPTER 259.
AN ACT RELATIVE TO THE WATER AND SEWER SYSTEM IN THE
TOWN OF WOLFEBORO.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. The Town of Wolfeboro. Amend section 3 of chapter
202 of the Laws of 1889, as amended by chapter 191, Laws of
1891, chapter 251, Laws of 1903, chapter 190, Laws of 1905,
chapter 286, Laws of 1935, and chapter 285, Laws of 1939, by
striking out said section and inserting in place thereof the
following: Sect. 3. Said town is authorized and empowered
to establish a sewer system in said town, to contract with
individuals and corporations for supplying them with water
or sewer privileges, and to make such contracts, and establish
1943] Chapter 259 405
such regulations and tolls for the use of water and use of sew-
ers as may from time to time be deemed proper. The man-
agement and control of said water and sewer system shall be
vested in a board of water and sewer commissioners consisting
of three citizens of Wolfeboro, one to be elected each year at
the annual meeting. No such citizen shall hold office as such
commissioner while holding office as selectman. The term of
office of each commissioner shall be for three years and until
his successor is elected and qualified. Any vacancy in said
board shall be filled by the remaining members for the unex-
pired term. In case of the vacancy in the entire membership
of the board the moderator of the town shall fill said vacancies
for the unexpired terms. Said board of water and sewer
commissioners are hereby authorized and empowered to
appoint and employ all necessary officers, agents and servants
with such powers and duties as from time to time may be
prescribed by said town.
2. Borrowing Money. Amend section 4 of chapter 202 of
the Law^s of 1889 by striking out said section and inserting in
place thereof the following: Sect. 4. Said town is also
authorized, at any annual or special meeting, by a major vote
of those present and voting, to borrow or hire such sum of
money, on the credit of the town, as may from time to time be
deemed advisable, for the purpose of defraying the expense of
purchasing real estate, rights in real estate, water rights,
streams, springs, pond, and rights as aforesaid, and for con-
structing, maintaining, and operating a water works and sewer
system, and to issue notes or bonds of the town therefor, pay-
able at such times and at such rate of interest as may be
thought proper. The water and sewer system of said town
shall be maintained and operated as one system and tolls
collected from either source may be used and expended for any
part of said system.
3. Present Commissioners. The water and sewer commis-
sioners in office at the time this act takes effect shall continue
in office for the duration of the terms for which they were
elected and until their successors in office are elected and
qualified.
4. Takes Effect. This act shall take effect upon its
passage.
[Approved February 24, 1943.]
406 CHAPTERS 260, 261 [1943
CHAPTER 260.
AN ACT TO DISSOLVE THE FRANKLIN & TILTON RAILROAD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Franklin & Tilton Railroad. The Franklin & Tilton
Railroad, a corporation created under the provisions of chapter
220 of the Laws of 1887 and chapter 206 of the Laws of 1889,
is hereby dissolved.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 261.
AN ACT RELATING TO LA CAISSE POPULAIRE STE-MARIE OR ST.
MARY'S BANK.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Compensation of Officials of Bank. Amend section 8 of
chapter 303 of the Laws of 1909, as amended by chapter 305
of the Laws of 1933, by striking out at the end thereof the
words "and they and the directors shall not receive any pay
for their services as directors or as members of said commit-
tees", so that said section as amended shall read as follows:
Sect. 8. The directors shall meet within ten days after their
election, and at said meeting they shall elect as officers a
president, a treasurer and a clerk, and they may elect a vice-
president and other necessary officers and agents. The
directors shall have the management of the affairs, funds and
books of the association; they shall have authority to admit
members under the conditions specified in the by-laws, also to
dismiss members as hereinafter provided. They shall deter-
mine the conditions as to the transfer or withdrawal of shares
and shall fix the amount of surety bond which may be required
of each officer or agent having custody of the funds. They
shall have the power to declare dividends when the same are
approved by the committee of supervision. The committee of
supervision shall oversee all the business of the association,
with the right at any time to inspect all the books, accounts,
1943] Chapter 262 407
papers, security for loans and other property of the associa-
tion. They may by unanimous vote suspend any director or
member of any board or committee, and in every such case
they shall immediately call a special meeting of the share-
holders to act on such suspension and by the same mail shall
notify said suspended person of his suspension. A majority
of the committee may call a special meeting of the share-
holders to consider any violation of law, by-law or sound
management which said committee shall have discovered. They
shall report in writing regarding their doings and findings, at
the annual meeting of the shareholders, said report to include
a statement of the receipts, disbursements, income, assets and
liabilities of the association for the fiscal year. The committee
of credit shall have authority regarding loans made by the
association, subject to the regulations of the board of direc-
tors, and every loan shall be approved by them in advance.
The officers and agents elected by the directors as hereinbefore
specified, may or may not be directors. They shall be sworn
and shall hold office for the ensuing year or until their suc-
cessors are elected and qualified. The members of the
committees of supervision and of credit shall not directly or
indirectly borrow from the association or become security for
any borrower.
2. Takes Effect. This act shall take eff'ect upon its
passage.
[Approved March 3, 1943.]
CHAPTER 262.
AN ACT ENLARGING THE POWERS OF RYE BEACH VILLAGE
DISTRICT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Rye Beach Village District. Amend chapter 195 of the
Laws of 1905 by inserting after section 3 of said chapter the
following section: Sect. 3-a. Said district shall have all the
powers conferred upon towns by sections 34 through 40, inclu-
sive, of chapter 51 of the Revised Laws of New Hampshire.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 3, 1943.]
403 Chapter 263, 264 [1943
CHAPTER 263.
AN ACT TO AMEND THE CHARTER OF COLBY JUNIOR COLLEGE FOR
WOMEN.
Be it ermcted by the Senate and House of Representatives in
General Court convened:
1. Power to Grant Degrees. The trustees of Colby Junior
College for Women are hereby authorized in its name to confer
on its students and others such degrees, literary titles, honors
and distinctions as are usually granted by institutions of like
character and to confer those usually granted by senior col-
leges whenever its curriculum is expanded to that of a senior
college or appropriate courses of study are made available by
affiliation with other teaching institutions of higher or special-
ized education.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 4, 1943.]
CHAPTER 264.
AN ACT TO INCREASE THE POWERS OF TILTON SCHOOL.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Powers of Tilton School Increased. Tilton School, a
corporation organized under an act approved December 29,
1852, formerly known as New Hampshire Conference Seminary
and later as Tilton Seminary, is hereby authorized and empow-
ered to confer upon the graduates of its junior college grade
courses of study the degrees of associate in arts, associate in
science, associate in business administration, and any other
degrees usually conferred by junior colleges.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 16, 1943.]
1943] Chapters 265, 266 409
CHAPTER 265.
AN ACT ENLARGING THE CORPORATE POWERS OF THE BOSTON AND
MAINE RAILROAD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Guaranty and Holding of Bonds. The Boston and Maine
Railroad shall have among its other corporate powers the
power to acquire, hold, sell or guarantee the bonds of any
railroad corporation which it controls, or whose property it
leases or operates, whether situated within or without this
state.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved March 18, 1943.]
CHAPTER 266.
AN ACT RELATIVE TO THE PUBLIC SCHOOLS IN PORTSMOUTH.
Be it enacted by the Senate and House of Representatives in
Gene7'al Court convened:
1. Portsmouth Public Schools. Amend section 1 of chapter
272 of the Laws of 1931, as amended by chapter 290 of the
Laws of 1941, by adding at the end of said section the follow-
ing: The mayor and city council may also grant a pension for
the same period to any teacher or employee who has performed
faithful service in the schools of Portsmouth for at least fifteen
years and has thereafter been forced to retire from active
work on account of illness, or any other form of disability, in
the amount not to exceed such fractional part of the amount
that might be granted after thirty years of service as his
actual full years of service bears to thirty years, 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 members of the school board
actually voting in favor thereof, retire 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.
410 Chapter 267 [1943
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 Portsmouth who has performed faithful service
as such teacher or employee for a period of at least thirty
consecutive years. The mayor and city council may also grant
a pension for the same period to any teacher or employee who
has performed faithful service in the schools of Portsmouth
for at least fifteen years and has thereafter been forced to
retire from active work on account of illness, or any other
form of disability, in the amount not to exceed such fractional
part of the amount that might be granted after thirty years
of service as his actual full years of service bears to thirty
years.
2. Takes Effect. This act shall take/ effect upon its
passage.
[Approved March 23, 1943.]
CHAPTER 267.
AN ACT CHANGING THE TIME OF THE MUNICIPAL ELECTION IN
THE CITY OF PORTSMOUTH.
Be it enacted by the Senate ami House of Representatives in
General Court convened:
1. Election of Officers in 1944. The legal voters of the city
of Portsmouth shall meet on the second Tuesday of December,
1944, for the choice of mayor, councilmen, members of the
board of appraisers and members of the board of street com-
missioners, all of whom shall be elected for a term of one year,
and for choice of six members of the board of education who
shall be elected for a term of five years. All persons elected
at this election shall take office on the first week day of Janu-
ary, 1945. Said election shall be held and conducted in the
same manner as is prescribed by law for the biennial election.
2. Biennial Elections Thereafter. On the first Tuesday
after the first Monday of November, 1945, and on the first
Tuesday after the first Monday of November biennially there-
after, the legal voters of the city of Portsmouth shall meet for
the choice of mayor, councilmen, members of the board of
[1943 Chapter 267 411
appraisers, members of the board of street commissioners and,
except in the year 1945, six members of the board of education.
The officers elected at said biennial elections shall take office on
the first week day of January following their election. Said
elections shall be held and conducted in the same manner as is
prescribed by law for the biennial election.
3. Board of Education. The present members of the board
of education shall continue in office until the expiration of the
terms for which they were elected, except that the six mem-
bers of the board elected at the election in 1942 for a term of
four years shall continue in office for one additional year, or
until December 31, 1947. No members of the board shall be
elected at the municipal election held in November, 1945.
4. Board of Appraisers. If any vacancy shall occur in the
board of appraisers the city council shall fill it for the remain-
der of the term, and the city council may remove any member
of said board at any time for cause, after due hearing.
5. Canvass of the Votes. The city council shall meet on
the Thursday next following the second Tuesday of December,
1944, and on the Thursday next following the first Tuesday
after the first Monday of November, 1945, and biennially there-
after on the Thursday next following the first Tuesday after
the first Monday of November, for the purpose of receiving
and examining the vote for mayor, councilmen, members of the
board of appraisers, board of street commissioners and board
of education, and to take such action thereon as may be
required by sections 2, 3, and 4 of chapter 63 of the Revised
Laws, and said sections of said chapter shall also apply to the
election of councilmen at large and members of the board of
appraisers, board of street commissioners and board of
education.
6. Application of Laws. Such parts of chapter 339 of the
Laws of 1933 as are inconsistent with the provisions hereof
are hereby repealed.
7. Takes Effect. This act shall take effect as of the time
of the municipal election in 1944, except section 4 hereof which
shall take effect upon the passage of this act.
[Approved March 25, 1943.]
412 Chapter 268 [1943
CHAPTER 268.
AN ACT RELATIVE TO SALARIES OF THE MAYOR AND COUNCILMEN
OF THE CITY OF BERLIN.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. City of Berlin. Amend section 14 of chapter 121 of the
Laws of 1897, as amended by section 3, chapter 225, Laws of
1903, section 1, chapter 320, Laws of 1909, section 1, chapter
349, Laws of 1913, section 1, chapter 312, Laws of 1915, and
section 1, chapter 320, Laws of 1917, by striking out said
section and inserting in place thereof the following: Sect.
14. Said mayor, within one week of said annual meet-
ing held on the last Monday of March, 1910, shall appoint,
subject to confirmation by the council, a board of three as-
sessors, to hold office from the first day of April, 1910, one of
whom shall be chosen for three years, one for two years, and
one for one year, and thereafter annually at said time, shall
appoint, subject to the confirmation of the council one assessor
who shall hold office for three years, who shall receive for their
services such salary as shall be fixed by the city council, not
to exceed the sum of five hundred dollars each per annum;
said assessors shall in addition to their salary, be allowed the
sum of not exceeding one hundred fifty dollars per annum for
clerk hire; and said mayor shall also, within thirty days of
said annual meeting, appoint, subject to confirmation of said
council, a board of health of not more than three persons, one
of whom shall be chosen for three years, one for two years, and
one for one year, and thereafter annually at said time shall
appoint, subject to confirmation of the city council, one mem-
ber of the board of health, who shall hold office for three years ;
a city treasurer, who shall serve as treasurer of the board of
education and receive as compensation such salary as shall be
fixed by the city council not to exceed the sum of four hundred
dollars per annum, payable quarterly ; city auditor, collector of
taxes, city solicitor, highway commissioner, sewer commis-
sioner, inspector of buildings and city engineer; and within
thirty days of said annual meeting, the said mayor shall also
appoint, subject to confirmation, a chief engineer and assistant
engineer of the fire department, and may create such other
governmental departments and appoint, subject to confirma-
1943] Chapter 269 413
tion as hereinbefore set forth, such officers or agents as are
necessary for the good government of the city not otherwise
provided for. Said council shall receive a fee of six dollars
each for actual attendance at all regular, special or adjourned
meetings, provided, however, that the total sum to be paid to
each councilman for attendance at all meetings shall not
exceed two hundred fifty dollars per annum.
2. Salary of Mayor. Amend section 12 of chapter 121 of
the Laws of 1897, as amended by section 1, chapter 225, Laws
of 1903, and section 1, chapter 327, Laws of 1911, by striking
out the last sentence and inserting in place thereof the follow-
ing: The mayor shall receive an annual salary of fifteen
hundred dollars. Such salary shall be in full for services of
every kind rendered and shall be paid monthly, so that said
section as amended shall read as follows : Sect 12. The mayor
of said city shall be chosen annually, and shall have a negative
upon all the acts of the council to which his veto power would
extend had the city government herein constituted provided
for a board of aldermen, and such veto power shall extend to
individual items of appropriations. He shall preside in all
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 an annual salary of fifteen hundred
dollars. Such salary shall be in full for services of every kind
rendered and shall be paid monthly.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 269.
AN ACT RELATIVE TO ABSENTEE VOTING AT CITY ELECTIONS IN
PORTSMOUTH.
Be it enacted by the Senate and House of Representatives m
General Court convened:
1. City of Portsmouth. Amend chapter 339 of the Laws
of 1933 by adding after section 1 the following new section:
414 Chapter 270 , [1943
1-a. Absentee Voting. Any legal voter of said city who is
absent from said city on the day of the meeting for the election
of city and ward officers, held in December biennially, or who,
by reason of physical disability, is unable to vote in person at
said meeting, may vote at said election by so-called absentee
ballot. The provisions of sections 61 to 75 of chapter 34 of
the Revised Laws, so far as applicable hereto and not incon-
sistent herewith, shall apply to such absentee voting in said
city, provided that the city clerk shall prepare the forms and
ballots for such voting and said clerk shall also prepare the
instructions required in section 74 of said chapter 34.
2.- Takes Effect. This act shall take effect upon its
passage.
[Approved March 30, 1943.]
CHAPTER 270.
AN ACT RELATIVE TO THE E. CHARLES GOODWIN COMMUNITY
CENTER IN THE TOWN OF CLAREMONT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Claremont Community Center. Amend section 2 of an
act passed at the present session of the legislature, approved
February 16, 1943,=^ relative to the acceptance of the E". Charles
Goodwin Community Center by the town of Claremont, by
striking out the figure "131" and inserting in place thereof the
figure, 130, so that said section as amended shall read as fol-
lows : 2. Acceptance Authorized. The town of Claremont is
hereby authorized to accept from Mary A. Goodwin, as a gift,
the land and buildings situate at 130 Broad Street in Clare-
mont, New Hampshire, and the sum of twenty-five thousand
dollars for the purpose of immediately remodelling, refinishing
and refurnishing said buildings at 130 Broad Street, to be used
as a community center for the town of Claremont, to be known
as the E. Charles Goodwin Community Center, under the
stipulations and conditions set forth in the resolution adopted
by the town of Claremont at its annual town meeting held
Chapter 254, ante.
1943] Chapter 271 415
March 10, 1942, under article 53 of the town warrant for said
meeting.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 1, 1943.]
CHAPTER 271.
AN ACT RELATING TO A RETIREMENT SYSTEM FOR EMPLOYEES OF
THE CITY OF CONCORD.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Authority Conferred. The city of Concord is hereby
empowered and authorized to grant retirement benefits to em-
ployees of said city who are not under a system of retirement
benefits already in existence.
2. Retirement Benefits. The mayor and board of aldermen
of said city under the powers granted in section 1 may provide
retirement benefits for services to be rendered and to be per-
formed by said employees.
3. Appropriation and Contract. For the purpose of this
act, the city may raise and appropriate money; may accept
money or other property to be held in trust and invested and
reinvested under the direction of the mayor and board of
aldermen, and use the income thereof; may enter into con-
tracts of insurance or annuity with insurance companies ad-
mitted to do business in New Hampshire to effectuate the
purposes of this act and pay the premiums for such contracts
from monies coming into its possession under the terms of this
act.
4. Limitation on Amount. No retirement benefit shall be
granted for a sum greater than one-half of the maximum
annual salary which the employee received while in the service
of the city.
5. Qualifications. Said city in adopting a retirement
system shall consider the same free from the discharge of any
existing legal or contractual liability to said employees, and
past services rendered by employees shall only be considered as
a means of qualification for retirement benefits.
6. Exemptions. The retirement benefits to be received by
416 Chapter 272 [1943
said employees as may hereunder be provided by said city shall
be exempt from attachment and the operation of laws relating
to insolvency or bankruptcy.
7. Unconstitutionality. If any provision hereof shall be
declared unconstitutional, the remaining provisions hereof
shall not by reason thereof be invalid.
8. Repeal. All acts and parts of acts inconsistent herewith
are hereby repealed and this act shall be interpreted to repeal
any act or acts relative to the Concord Water Works as may be
inconsistent herewith.
9. Takes Effect. This act shall take effect upon its
passage.
[Approved April 1, 1943.]
CHAPTER 272.
AN ACT RELATIVE TO NUMBER OF TRUSTEES OF THE HILLSBORO
GUARANTY SAVINGS BANK.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Hillsboro Guaranty Savings Bank. Amend section 5 of
chapter 237 of the Laws of 1889, being the charter of Hillsboro
Guaranty Savings Bank, as amended by chapter 217 of the
Laws of 1921, by striking out the word "seven" in the ninth
line and inserting in place thereof the word, five, so that said
section as amended shall read as follows : Sect. 5. The special
depositors for the guaranty fund, and their assigns, shall by
virtue thereof become and be members of the corporation, and
have and exercise all the rights and powers of the same, each
special depositor being entitled to one vote for each one hun-
dred dollars of his said deposit; but no member shall incur or
be subject to any individual liability in any case for any debts
or liabilities of the corporation. And the management and con-
trol of the affairs of the corporation shall be vested in a board
of not less than five nor more than twenty trustees, to be
chosen by the members of the corporation. A majority of
said board at any meeting duly notified shall constitute a
quorum for the transaction of business. And said board shall
have the power to make and establish such rules and regula-
1943] Chapters 273, 274 417
tions as they may think proper, for the transaction of the
business of the corporation.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 1, 1948.]
CHAPTER 273.
AN ACT RELATIVE TO THE SO-CALLED IRA S. APPLETON FARM IN
THE TOWN OF DEERING.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Repeal. Chapter 226 of the Laws of 1891, which sev-
ered part of the homestead farm of Ira S. Appleton from the
town of Deering and annexed the same to the Hillsborough
Bridge special school district for school purposes, is hereby
repealed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 1, 1943.]
CHAPTER 274.
AN ACT RELATIVE TO ABSENTEE VOTING AT BIENNIAL CITY ELEC-
TIONS IN MANCHESTER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. City of Manchester. Amend chapter 163 of the Laws of
1878 by inserting after section 2 the following new section:
Sect. 2-a. Any legal voter of said city who is absent from said
city on the day of the meeting for the election of city and ward
officers, held in November biennially, or who, by reason of
physical disability, is unable to vote in person at said meeting,
may vote at said election by so-called absentee ballot. The
provisions of sections 61 to 75 of chapter 34 of the Revised
Laws, so far as applicable hereto and not inconsistent here-
with, shall apply to such absent voting in said city, provided
418 Chapters 275, 276 [1943
that the city clerk shall prepare the forms and ballots for such
voting and said clerk shall also prepare the instructions re-
quired in section 74 of said chapter 34.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
CHAPTER 275.
AN ACT RELATIVE TO VACATIONS FOR MUNICIPAL EMPLOYEES OF
THE CITY OF MANCHESTER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. The City of Manchester. Amend section 1 of chapter
279 of the Laws of 1919, as amended by section 1, chapter 278,
Laws of 1921, by striking out said section and inserting in
place thereof the following : Section 1. All employees of city
departments, excluding the pohce, fire and school departments,
who have been employed by the city continuously for the pre-
vious twelve months, shall be allowed twelve days' rest in each
year's employment without loss of pay, the time to be at the
discretion of the department head.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 7, 1943.]
CHAPTER 276.
AN ACT RELATIVE TO PROPERTY HOLDING OF THE MILFORD HOME
FOR AGED WOMEN.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. The Milford Home for Aged Women. Amend section 2
of chapter 294 of the Laws of 1913, being the charter of The
Milford Home for Aged Women, by striking out the word
"one" in the fourth line and inserting in place thereof the
word, two, so that said section as amended shall read as fol-
lows : Sect. 2. Said corporation by that name may sue and be
sued, prosecute and defend to final judgment and execution.
1943] Chapters 277, 278 419
and shall have power to take, acquire and hold real and per-
sonal estate to an amount not exceeding two hundred thousand
dollars, by lease, purchase, donation, bequest, or otherwise, for
the purpose of establishing and maintaining a home at Milford
aforesaid, erecting suitable buildings and properly furnishing
the same with whatever may be desirable or necessary for the
successful operation of said institution.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 9, 1943.]
CHAPTER 277.
AN ACT TO LEGALIZE A CERTAIN VOTE AT THE MARCH MEETING
OF THE TOWN OF CORNISH.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Proceedings Legalized. The proceedings and vote of the
annual town meeting of the town of Cornish held on March 9,
1943, whereby the town voted to "raise the sum of one thou-
sand dollars ($1000) for fire fighting, police court, air raid
warden posts and to cover any defense emergency that may
arise", is hereby legalized, ratified and confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 9, 1943.]
CHAPTER 278.
AN ACT TO CHANGE THE CORPORATE NAME OF THE PROPRIETARY
SCHOOL IN HAMPTON.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Change of Name. The name of the Proprietary School
in Hampton, an organization incorporated by an act approved
June 16, 1810, now known as chapter 18 of the Laws of 1810,
420 Chapter 279 [1943
entitled "An Act to incorporate certain persons by the name
of the Proprietary School in Hampton" is hereby changed to
The Hampton Academy and High School.
[Approved April 9, 1943.]
CHAPTER 279.
AN ACT RELATING TO THE REGISTRATION OF VOTERS IN THE CITY
OF PORTSMOUTH.
Be it enacted by the Senate and House of Representatives in
General Cou7't convened:
1. Meetings of Board of Registrars. Amend section 5 of
chapter 241 of the Laws of 1909, as amended by chapter 315
of the Laws of 1933 and by chapter 283 of the Laws of 1941 by
striking out said section and inserting in place thereof the
following: Sect. 5. Said board of registrars shall be in ses-
sion at the city hall 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 session for
registration to be held on the third Monday preceding the day
of 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 seven o'clock to nine o'clock in the evening
of said days, the times and places of said meetings to be adver-
tised in a newspaper published in Portsmouth for at least three
days prior to the first meeting. The registrars shall, one week
before the election at which the check-lists are to be used, post
in two public places in each ward the check-list to be used in
that ward at the election. On Friday preceding the day of
election said board of registrars shall be in session from nine
o'clock to twelve o'clock noon and from two o'clock to five
o'clock in the afternoon for the correction of errors and the
insertion of names as provided for by section 28 of chapter
183, Laws of 1895, so that in case the name of any person has
been omitted from the check-list whom the registrars are
satisfied is, or will be on election day, a legal voter the regis-
trars shall certify the same to the moderator who shall receive
his vote and the clerk shall check the name of the person so
voting on the back of the certificate and return the same to the
1943] Chapter 280 421
city clerk with the check-list, No certificate shall be issued
by the board after the close of the session on the Friday
preceding- the day of election except as provided by section 16
of chapter 32 of the Revised Laws, and all certificates issued
shall be delivered to the city clerk at the close of said session
on said Friday preceding the day of election. The city clerk
shall hold all certificates deposited with him by said board
until the opening' of the polls on election day when he shall
deliver the same to the moderators of the several wards. Said
board shall keep a record of all certificates issued and shall file
with the city clerk at the close of the session on the Friday
preceding- the day of election as well as any certificates issued
under provisions of section 16, chapter 32 of the Revised Laws,
a list showing the name, address and ward of each person for
whom a certificate has been issued. Said board shall subscribe
to said list of certificates issued before a notary public or
justice of the peace and said list shall be open to public inspec-
tion at the office of the city clerk for a period of thirty days
from the date filed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 15, 1943.]
CHAPTER 280.
AN ACT LEGALIZING THE TOWN MEETING HELD IN THE TOWN OF
HILL, MARCH 9, 1943.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Proceedings Legalized. The votes and proceedings of
the annual meeting held in the town of Hill on March 9, 1943,
are hereby legalized, ratified and confirmed.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved April 20, 1943.]
422 Chapter 281 [1943
CHAPTER 281.
AN ACT AUTHORIZING THE UNION SCHOOL DISTRICT IN CONCORD
TO GRANT PENSIONS TO ITS TEACHERS AND OTHER
EMPLOYEES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Pensions Authorized. The Union School District in
Concord is hereby authorized to grant pensions to its teachers
and other employees within the limitations herein prescribed.
2. Term. No pension shall be granted hereunder for more
than one year at a time.
3. Length of Service. No teacher or other employee who
has been employed in the schools included within the district
for a period of less than twenty consecutive years shall be
eligible to receive a pension, except as provided in section 6.
4. Computation of Service. In computing consecutive years
of service, temporary absence from service occasioned by
accident, misfortune, sickness or act of the district shall not
have the effect of lengthening the period required.
5. Amount. No pension shall be granted for a sum greater
than one half of the maximum annual salary which the teacher
or other employee received while in the service of the district.
6. Incapacitated Teacher or Employee. Any teacher or
other employee who becomes incapacitated for teaching or
other service while employed by the district, but before the
expiration of the term of service entitling a teacher or other
employee to a pension upon retirement, shall be eligible to
receive a pension upon the following terms: (a) if totally in-
capacitated for work of any kind at a gainful occupation, the
full pension to which such teacher or other employee would be
eligible if retiring after a term of service in the district en-
titling a teacher or other employee to a pension; (b) if able to
work at some other gainful occupation, a pension equal to the
excess of the full pension above the earnings of the pensioner
after becoming incapacitated for teaching or other service.
7. Funds. No pension shall be voted except out of one or
more of the following funds: (a) money raised and appro-
priated for the purpose by vote of the district; (b) the pro-
ceeds of donations, gifts, bequests and devises made to the
district, or in trust for the district, for the purpose; (c) the
1943] Chapter 281 423
income of funds held in trust for the purpose by the district
or by some other corporation or person; and (d) the contribu-
tions of teachers and other employees in the service of the
district.
8. Power of District. For the purpose of this act, the
district may raise and appropriate money; may accept money
or other property to be held in trust and invested and reinvest-
ed under the direction of the board of education, and use the
income thereof; may receive money or other property on
terms permitting the use of the principal for such pensions,
and sell, convey and convert the same for such use ; may collect
from teachers and other employees in its service either (a)
voluntary contributions, or (b) such other contributions as
may be prescribed by the terms of future contracts that may
be made with its teachers and other employees by the district
in accordance with a majority vote of the board of education;
may enter into contracts of insurance or annuity with insur-
ance companies admitted to do business in New Hampshire to
effectuate the purposes of this act and pay the premiums for
such contracts from monies coming into its possession under
the terms of this act.
9. Powers of Board. Within the limitations herein pre-
scribed, the board of education of the district may by majority
vote (a) determine what shall be the term of service which
shall entitle a teacher or other employee to a pension upon
retirement; (b) grant pensions; (c) make such rules and
regulations as they deem fit governing the amount of pensions,
the methods of granting pensions, the time or times at which
payment of pensions shall be made, the custody and manage-
ment of current funds available for pensions, the custody and
management and investment of trust funds held by the district
for pensions; and (d) do such other acts as may be necessary
or convenient for executing the powers herein granted.
10. Repeal. Chapter 337 of the Laws of 1925, relative to
the Union School District in Concord, is hereby repealed.
11. Takes Effect. This act shall take effect upon its
passage.
[Approved April 21, 1943.]
424 Chapter 282 [1943
CHAPTER 282.
AN ACT RELATING TO THE CONSTRUCTION AND FINANCING OF A
SEWERAGE SYSTEM AND SEWERAGE DISPOSAL PLANT
FOR THE TOWN OF DERRY.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Authorization. The town of Derry is hereby authorized
and empowered to construct and maintain such sewerage
system and sewerage disposal plant as it may deem necessary
to comply with the requirements of the state board of health
relative thereto. Said town may determine whether said con-
struction and maintenance shall be paid by assessment of
sewer rents or by the issuance of bonds or notes of the town,
or both. In case such assessments are made the selectmen
may assess the same to be paid in annual installments extend-
ing over a period not exceeding thirty years.
2. Bonds or Notes. The town of Derry is hereby author-
ized and empowered to issue on the credit of the town serial
bonds or notes for the purpose of providing funds for the
sewerage system and sewerage disposal plant, as provided in
section 1, or any part thereof, to such an amount as it may
deem necessary. The serial bonds or notes issued in accord-
ance with the provisions hereof shall be due and payable at
such times, not more than thirty years from their date of
issue, in such manner and with such provisions as the select-
men may determine.
3. Debt Limit. In ascertaining and fixing the net debt of
the town of Derry, under the provisions of chapter 72 of the
Revised Laws, all indebtedness incurred under the authority
of this act shall be deducted.
4. Application of Laws. Except as hereinbefore otherwise
provided, the provisions of chapter 111 of the Revised Laws,
relative to sewers, and the provisions of chapter 72 of the Re-
vised Laws, relative to municipal bonds, shall apply to the
sewerage system of the town of Derry and to bonds and notes
herein authorized.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1943.]
1943] Chapters 283, 284 425
CHAPTER 283.
AN ACT RELATIVE TO THE SEWERAGE SYSTEM IN THE TOWN OF
CLAREMONT.
Be it enacted by the Senate and House of Rep7^esentutives in
General Court convened:
1. Sewer Funds. The funds received from the collection of
sewer rentals shall be kept as a separate and distinct fund and
shall be known as the sewer fund. Any surplus in such fund
may be used for the enlargement or replacement of the sewer-
age system or the sewage disposal works and for the extension
of sewerage systems to serve unsewered areas, but shall not be
used for any purpose other than those above specified.
2. Application. This act shall apply only to the town of
Claremont; and section 8, chapter 111 of the Revised Laws
shall not apply to said town.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved April 26, 1948.]
CHAPTER 284.
AN ACT ESTABLISHING A PRIMARY ELECTION FOR THE CITY OF
MANCHESTER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Municipal Primary. A primary conducted by the
regular election officers shall be held at the regular polling
places in each ward in the city of Manchester on the Tuesday
after the first Monday in October, 1943, and biennially there-
after, for the nomination of all candidates to be voted for at
the municipal election held in November, except members of
the school committee.
2. City Clerk. It shall be the duty of the city clerk to pre-
pare all forms necessary to carry out the provisions of this
chapter including the preparation of the ballots therefor.
3. Posting Notices. Each ward clerk shall, twenty-one
days prior to such primary, cause notice of such primary to be
posted in three public places in his ward.
4. Declai-ations of Candidacy. The name of a candidate
426 Chapter 284 [1943
shall not be printed upon an official primary ballot unless not
more than fourteen nor less than seven days prior to such
primary a declaration of candidacy shall have been filed and
the filing- fee shall have been paid, or the required number of
primary petitions shall have been filed with the city clerk.
5. Forms. Declarations of candidacy and primary peti-
tions for said primary sliall be in forms as provided by sections
12, 15 and 16 of chapter 33 of the Revised Laws.
6. Filing Fees. At the time of filing declarations of candi-
dacy each candidate shall pay to the city clerk, for the use of
the city, the following fees: For mayor, fifty dollars; for com-
missioner of charities, twenty-five dollars; for alderman, ten
dollars; and for ward selectman, two dollars.
7. Number of Petitions. The number of petitions to be
filed for each office shall be as follows : For mayor or commis-
sioner of charities, fifty; for alderman, twenty-five and for
ward selectman, ten.
8. Application of Laws. The provisions of sections 17 to
52 of chapter 33 of the Revised Laws relative to primary peti-
tions, official ballots, check-lists, voting, returns and vacancies,
shall apply to the Manchester primary so far as applicable
hereto and not inconsistent with the provisions hereof.
9. Recount. If any person who was voted for upon the
ballot of any party is not, acording to the count first made by
the election officials, chosen as the candidate for such party he
may apply to the city clerk for a recount of votes cast, if
application is made within three days after said primary, and a
fee of five dollars is paid.
10. Board of Recount. There shall be a board of recount
of three members consisting of one member of the board of
aldermen, designated by the mayor and one member from each
of the two political parties, designated by the city committee,
respectively. The term of office of said members shall be two
years.
11. Notice. The board of recount shall fix a time for such
recount not earlier than three days after the receipt of the
application and shall notify the opposing candidates thereof,
and as soon after the expiration of said three days as circum-
stances will permit, such recount shall be held and conducted
as recounts of votes cast at elections are.
12. Counting. Upon the date set for the recount the
1943] Chapter 285 427
ballots shall be counted by the board of recount. The various
candidates, and their counsel, shall have the right to inspect
the ballots and participate in such recount under such suitable
rules as the board may adopt. The board of recount shall not
be entitled to compensation for their duties as such board.
13. Declaration. If a recount shall show that some other
person than the one declared nominated has the greatest num-
ber of votes cast at the primary, such person shall be declared
nominated by the recount board and shall be the candidate of
the party for the office in question, instead of the person so
first declared, and his name shall be placed upon the official
ballot at the following election. If the recount shall show that
the person who applied for the recount was chosen as the can-
didate of his party the city clerk shall, within ten days of such
recount, return to him the fee paid at the time of filing the
application for a recount.
14. Political Parties. Political parties which may be repre-
sented at said primary shall only be such party which at the
biennial election next preceding the primary election polled at
least three per cent of the entire vote of the state given in for
governor.
15. Charter Provisions. Such provisions of the charter of
the city of Manchester as may be inconsistent with the provi-
sions hereof are hereby repealed to the extent of such
inconsistency.
16. Takes Effect. This act shall take effect upon its
passage.
[Approved April 28, 1943.]
CHAPTER 285.
AN ACT AUTHORIZING THE TOWN OF NEWPORT TO FUND OR
REFUND ITS INDEBTEDNESS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Authorization. The town of Newport is hereby author-
ized, for the purpose of funding or refunding outstanding
bonds and notes against said town, to raise, appropriate and
borrow money to an aggregate amount not exceeding fifty
thousand dollars and to issue its serial notes or bonds therefor
428 Chapter 286 [1943
on the credit of the town. Said 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 the town may deter-
mine, at a rate of interest to be fixed by said board. Said
notes or bonds shall be signed by the selectmen and counter-
signed by the town treasurer and shall have the town seal
affixed.
2. Application of General Laws. Except as otherwise pro-
vided herein the provisions of chapter 72 of the Revised Laws
shall apply to the notes and bonds herein authorized.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved April 28, 1943.]
CHAPTER 286.
AN ACT TO REPEAL CHARTERS OF CERTAIN CORPORATIONS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Charters Repealed. The charter or certificate of incor-
poration of each of the following named corporations is hereby
repealed, revoked and annulled except as otherwise here
specified :
Adams Mills (Derry, 1922)
Amoskeag Coal Co., The (Manchester, 1929)
Amoskeag Mohair Spinning Company (Manchester, 1938)
Anton Furniture, Inc., E. (Dover, 1933)
Arnall Trading Post, Inc. (Sandwich, 1938)
Art and Ray's Music Shop, Inc. (Manchester, 1940)
Ashuelot Reels Inc. (Brookline, 1940)
Associate Holding Co. (Manchester, 1927)
Atlas Heel Co. (Manchester, 1940)
Ayers, Inc., B. K. (Concord, 1927)
B. & M. Super Service, Inc. (Portsmouth, 1936)
Bafaline Laboratories Inc., The (Manchester, 1923)
Bates, Inc., Chas. S. (Exeter, 1933)
Bazaar Inc., The (Nashua, 1932)
Belanger & Son, Inc., S. (Nashua, 1920)
Belknap Springs Land Company (Manchester, 1892)
1943] Chapter 286 429
Berlin Grocery Company (Berlin, 1940)
Berlin Lumber Company (Berlin, 1940)
Berlin Wholesale Grocery Company (Berlin, 1933)
Betty's Candies, Inc. (Manchester, 1936)
Blodgett Lodge, Inc. (Newbury, 1937)
Blue Coal Corporation (Keene, 1930)
Booker Company, Incorporated (Peterborough, 1940)
Brenton Shoe Company, Inc. (Newmarket, 1939)
Bristol Contracting Company (Bristol, 1932)
Brook & Bridle Inn, Incorporated (Alton, 1941)
Bundy Steam Trap Company (Nashua, 1937)
Burbank Publishing Co., Inc., The (Rochester, 1940)
C Street Shoe Repair, Inc. (Hampton Beach, 1940)
Calley & Currier Company (Bristol, 1911)
Camp Ojokla, Inc. (Moultonborough, 1926)
Candyland Confectionery Co. (Manchester, 1932)
Capital City Potato Chips Inc. (Concord, 1940)
Capital Wholesale Fruit & Produce Co., Inc. (Manchester,
1940)
Chez Rudy's, Inc. (Manchester, 1940)
City Motors, Inc. (Berlin, 1936)
Claremont Auto Wrecking Company (Claremont, 1934)
Clement & Co., C. S. (Nashua, 1924)
Cobb Shoe Company, Inc., Chas. H. (Manchester, 1924)
Consumers Wholesale Food Corporation (Keene, 1939)
Continental Box Company (Newmarket, 1934)
Conway Toys, Inc. (Conway, 1940)
Craig Company, C. H. (Conway, 1932)
Craig-Grandell Manufacturing Company, The (Whitefield,
1921)
Crown Realty Company (Nashua, 1922)
D. W. Auto Theatre Company (Nashua, 1941)
Dealers Finance Service, Inc. (Dover, 1938)
DeMontigny, Inc., A. (Nashua, 1935)
Doherty Incorporated, James A. (Manchester, 1939)
Douglass, Inc. (Manchester, 1932)
Drake Post, Darius A., No. 36, Grand Army of the Republic
(Laconia, 1900)
Dunlap Co. Inc., W. B. (Salisbury, 1936)
Duval Realty Company (Manchester, 1925)
430 Chapter 286 [1943
Eastern Express Co., Inc. (formerly Todd's Highway Express,
Inc., Wilton, 1934)
Economy Clothing Company, Inc. (Groveton, 1933)
Eiseman, Inc., M. A. (Bethlehem, 1928)
Elmes Corporation, W. H. (formerly H. M. Whittier & Com-
pany, Manchester, 1922)
Emerson's Sons, W. A. (Hampstead, 1906)
Errol Water Co. (Errol, 1919)
Farmington Hardware Co. (Farmington, 1941)
Fessenden Co., O. D. (Brookline, 1929)
Filler's, Inc., Riva (Rochester, 1934)
Forest Owners Lumber Company, Inc. (Colebrook, 1939)
Franklin Furniture Company (Franklin, 1917)
Geddes Supply Company (Keene, 1934)
General Markets, Incorporated (Keene, 1940)
General Oil Corporation (Concord, 1941)
Goodnow Foods, Inc. (Keene, 1934)
Granite Overall Company, Inc. (Nashua, 1932)
Hallsville Investment Company, The (Manchester, 1924)
Hampshire Paint and Wall Paper Supply Company (Manches-
ter, 1940)
Hill Hardware and Paint Company (Nashua, 1909)
Holderness Photographic Colony, Inc. (Holderness, 1940)
Hoyt Shoe Corporation, F. M. (Manchester, 1931)
Ideal Shoe Form Mfg. Co. (Manchester, 1932)
Jones Dairy Products, Inc. (Rochester, 1936)
Kathan Fruit Company (Manchester, 1936)
Keefe Co. Inc., John (Dover, 1929)
Keene Furniture Manufacturers, Inc. (formerly Norwood,
Calef & Co., Keene, 1913)
Keene Washing Products Company (formerly Keene Washing
Compound Company, Keene, 1920)
Kennard Agency, Inc. (Portsmouth, 1939)
Kimball Company, The Percy L. (Wolfeboro, 1909)
Kocon Sales Company, Inc. (Newport, 1940)
Laconia Machine Company, Incorporated (Laconia, 1941)
Lafley Co. Inc., Harry D. (Manchester, 1941)
Lake Region Incorporated, The (Laconia, 1930)
Lake Sunapee Country Club (New London, 1927)
Lake Winnisquam Co. (Meredith, 1927)
Lakeside House Incorporated, The (The Weirs, 1934)
1943] Chapter 286 431
Lamprey Building Association (Raymond, 1925)
Lancaster Farmers Cooperative, Inc. (Lancaster, 1940)
Lebanon Building and Loan Association (Lebanon, 1920)
Lincoln Garage Company (Lincoln, 1930)
Log Cabin Filling Stations, Inc. (Concord, 1941)
Manchester Amusement Company (Manchester, 1914)
Manchester Novelty Shoe Co. Inc. (Manchester, 1939)
Manchester Shoe Manufacturing Company (Manchester, 1885)
Manchester Wholesale Grocery (formerly The Manchester
Broom & Paper Co., Manchester, 1924)
Matson Company, The (Concord, 1931)
McCarthy Company, Inc. H. S. (Nashua, 1933)
MacDonald Upholstering Co. (Manchester, 1941)
McKinney's Dairy, Inc. (Derry, 1941)
McQuesten & Lewis Company (Manchester, 1928)
Medford-Marlboro Knit Gaiter Co. (Marlboro, 1940)
Merrimac Mills Sales Co. of Manchester, N. H. (Manchester,
1937)
Merrimack Realty Company (Concord, 1922)
Monroe Loan Society of New Hampshire (Concord, 1930)
Montie Motor Sales, Inc. (Rochester, 1941)
Mt. Crotched Country Club Land Company, Inc. (Francestown,
1927)
Mt. Gunstock Ski Hoist, Inc. (Gilford, 1935)
Mt. Washington Steamship Company, Inc. (The Weirs, 1940)
Namasket Company (Manchester, 1937)
Nashua Wholesale Fruit, Inc. (Nashua, 1939)
Naticook Camps of N. H. Inc., The (So. Merrimack, 1940)
National Association of Registered Nurses, Inc. (Manchester,
1940)
New England Research Associates, Inc. (Concord, 1942)
New Hampshire Title Co. Inc. (Claremont, 1933)
North Haverhill Cooperative, Inc. (No. Haverhill, 1941)
Northern Mining and Smelting Corporation of New Hampshire
(Manchester, 1940)
Notre Dame Bus Line, Inc. (Manchester, 1925)
Nu-Flex Shoe Co. Inc. (Somersworth, 1939)
Nutting Realty Company, Inc. (Manchester, 1939)
Panorama Soundies Corp. of N. H. (Manchester, 1941)
Paquette Lumber Company, Incorporated, The E. (Columbia,
1938)
Paulstan Inc. (Nashua, 1940)
432 Chapter 286 [1943
Peabody, Inc., Roland E. (Franconia, 1930)
Pearsons Company, R. A. (Hill, 1916)
Penacook Motor Service, Incorporated (Penacook, 1937)
Plymouth Logging Co. Inc. (Plymouth, 1936)
Plymouth Motor Company (Plymouth, 1926)
Polish American Farmers, Incorporated (Manchester, 1938)
Portsmouth Merchants Bureau, Inc. (Portsmouth, 1940)
Promotional Managers, Inc. (Center Ossipee, 1939)
Purcell's Cleaning Company (Dover, 1930)
Queen City Shoe Mfg. Corporation (Manchester, 1935)
Ralph's, Inc. (formerly Goodnow-Hunt-Pearson, Inc., Laconia,
1921)
Richardson & Cameron Company (Littleton, 1911)
Rinks, Inc. (Manchester, 1939)
Ritz Theatre Incorporated (Gorham, 1941)
Rogercord Welt Inc. (Somersworth, 1941)
Ronalds, Inc. (Hampton, 1936)
Ronan Lumber Co. Inc. (Plymouth, 1933)
Rose Hill Corporation (Chesterfield, 1939)
Russell Manufacturing Company (Manchester, 1933)
Saler Realty Corporation (Manchester, 1940)
Sanitary Products Corporation (Laconia, 1938)
Seven Brothers Inc. (Franconia, 1941)
Shepard & Son, Inc., Chas. E. (New London, 1930)
Shootum Sales Corporation (Walpole, 1939)
Shorten & Son Co., M. (Manchester, 1928)
Sirois Motors, Inc. (Nashua, 1941)
Ski Acres Inc. (Plymouth, 1938)
Skitchawaug Building Association (Claremont, 1923)
Smart & Son, Clarence (Portsmouth, 1930)
Somersworth Realty Company (Somersworth, 1933)
Stahl-Clarke Company (Berlin, 1904)
Stark Shoe Co. Inc. (Manchester, 1940)
State Furniture Co. Inc. (Manchester, 1933)
Stephens Coal Co., Inc. (Lebanon, 1940)
Stratton Shoe Co. (Portsmouth, 1938)
Stratton Tri-State Utilities, Inc. (Claremont, 1940)
Thayer Realty Corporation (Manchester, 1940)
Toplifter, Inc. ( Sanborn ville, 1940)
Tucker and Draper, Inc. (Portsmouth, 1939)
Twin State Glass Tile and Marble Co. (Keene, 1940)
Underhill, Inc. (Nashua, 1927)
1943] Chapter 286 433
Union Beverage Co., Inc. (formerly St. Cyr Beverage Company,
Incorporated, Manchester, 1937)
Van, Inc., Billy B. (Newport, 1938)
Vogue, Inc. (Keene, 1932)
Waite Auto Supply, Inc. (formerly Crosby Auto Supply, Incor-
porated, Concord, 1936)
Wentworth Shoe Co., The (Wolfeboro, 1941)
White Mountain Airport Corporation, The (Conway, 1929)
White Mountains Woolen Co. (Gilsum, 1941)
Wiggin Transportation, Inc., A. E. (Keene, 1942)
Williams Poultry Equipment, Inc. (North wood, 1940)
The principal place of business and date and year of incor-
poration, when given in the above list, are included for the
purpose of distinguishing corporations of the same or similar
names.
2. Remedies Preserved. No remedy against any such cor-
poration, its stockholders or officers, for any liability previous-
ly incurred, shall be impaired hereby.
3. Reinstatement. Any such corporation may, within ninety
days after the date that this act takes effect, reinstate itself
as a corporation by the payment of any fees in arrears and the
filing with the secretary of state of any annual returns
required by law and a statement under oath, signed by the
clerk or secretary of such corporation, that it desires that its
charter or certificate of incorporation shall remain in full force
and effect.
4. Disposition of Property. Any corporation whose charter
is hereby repealed, revoked and annulled, shall, nevertheless,
continue as a body corporate for the term of three years from
the date that this act takes effect, for the purpose of present-
ing and defending suits by or against it and of gradually clos-
ing and settling its concerns and distributing its assets,
including the disposition and transfer of all or any part of its
property and for no other purpose; provided that the superior
court shall have power at any time when it shall be made to
appear, upon the petition of any interested party, that the pro-
tection of proprietary or other rights requires the doing of any
act or thing by or in behalf of any such corporation, to order
the doing of such acts or things, and for this purpose may
appoint and authorize an agent to act for and in the name of
434 Chapters 287, 288 [1943
such corporation and any action so ordered and done shall be
effective corporate action.
5. Takes Effect. This act shall take effect upon its
passage.
[Approved May 4, 1943.]
CHAPTER 287.
AN ACT AUTHORIZING THE TOWN OF CLAREMONT TO RENEW AND
EXTEND ITS WATER BONDS.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Claremont Water Bond. The town of Claremont is
hereby authorized to refund one hundred fifty-eight thousand
two hundred twenty dollars of its four per cent water supply
bonds which become due July 1, 1943, and the selectmen and
treasurer of said town are hereby authorized to issue new
serial bonds to be paid and retired in accordance with provi-
sions of chapter 72 of the Revised Laws entitled, "Municipal
Bonds", and the selectmen of said town are hereby empowered
to make all necessary arrangements and contracts with the
present holders of said bonds for the refunding of the same.
2. Proceedings Ratified. The proceedings and votes of the
town of Claremont at its annual meeting held on March 9,
1943, are hereby legalized, ratified and confirmed so far as they
relate to the refunding of the water bonds set forth in section
1.
3. Takes Effect. This act shall take effect upon its
passage.
[Approved May 5, 1943.]
CHAPTER 288.
AN ACT RELATIVE TO COMPENSATION OF AN OFFICIAL OF THE CITY
OF NASHUA.
Be it enacted by the Semite and House of Representatives in
General Court convened:
1. City of Nashua. The salary of the mayor of the city of
Nashua shall be three thousand five hundred dollars per
1943] Chapter 289 435
annum, payable in equal monthly payments. Said salary shall
be in full compensation for services performed by said mayor
while on official business. The mayor shall hold no other office
of profit, recompense for which is made out of city funds or
appropriations.
2. Repeal. Chapter 246 of the Laws of 1921 and all acts
or parts of acts inconsistent herewith are hereby repealed.
3. Takes Effect. This act shall take effect January 1,
1944.
[Approved May 5, 1943.]
CHAPTER 289.
AN ACT RELATIVE TO THE LEBANON CENTER VILLAGE FIRE
PRECINCT.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Lebanon Water Works. Amend section 8 of chapter
306 of the Laws of 1941, by striking out the figure "1942" in
the fourth line and inserting in place thereof the figure, 1944,
so that said section as amended shall read as follows : 8. First
Meeting- of New Corporation. The first meeting of the Leban-
on Water Works shall be called by the water commissioners of
the Lebanon Water Works of the former precinct, now in office,
on the third Tuesday of March, 1944, and the annual meetings
of the Lebanon Water Works shall thereafter be held on the
third Tuesday of March in each year. Said water commission-
ers are hereby vested with all necessary authority to call said
first meeting and the present officers of the Lebanon Center
Village Fire Precinct with the exception of the officers in the
fire department of said precinct shall act as officers at this
meeting or until other officers are chosen and with these excep-
tions the by-laws, rules and regulations which heretofore
governed the meetings of the Lebanon Center Village Fire
Precinct shall be and remain in force until otherwise changed
by the Lebanon Water Works.
2. Lebanon Center Precinct Fire Department. Amend
section 12 of said chapter 306 by striking out the figure "1942"
in the fifth line and inserting in place thereof the figure, 1944,
so that said section as amended shall read as follows: 12.
436 Chapter 290 [1943
First Meeting of Fire Precinct. The fire wards of the Lebanon
Center Precinct Fire Department, formerly the Lebanon Cen-
ter Village Fire Precinct fire wards, now in office, shall call a
meeting of the Lebanon Center Precinct Fire Department on
the first Tuesday of April, 1944, and said fire wards are hereby
vested with all authority necessary to call and conduct said
meeting and the present officers of the former precinct, with
the exception of the officers in the water works functions of
said precinct, shall act as oflficers at this meeting or until other
officers are chosen or elected, and with these exceptions the
by-laws, rules and regulations which heretofore governed the
meetings of the Lebanon Center Village Fire Precinct shall be
and remain in force until otherwise changed by vote of Leban-
on Center Precinct Fire Department.
3. Water Commissioners, Election. Amend section 9 of
said chapter 306 by striking out said section and inserting in
place thereof the following: 9. Filing for Office; Ballots.
Any candidate for office of water commissioner shall file with
the clerk his application therefor at least seven days prior to
said meeting. The clerk shall prepare the ballots for the elec-
tion of commissioners, and plurality vote shall elect to said
office.
4. Takes Effect. This act shall take effect if and when it
is ratified at a special meeting of the Lebanon Center Village
Fire Precinct, called for the purpose, held at any time prior to
March 1, 1944.
[Approved May 5, 1943.]
CHAPTER 290.
AN ACT TO RELIEVE MEMBERS OF THE POLICE FORCE IN THE CITY
OF MANCHESTER FROM POLICE DUTY AT CERTAIN TIMES.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. City of Manchester Police Force. Amend section 1 of
chapter 352 of the Laws of 1917 by striking out the word
"fifteen" in the third line and inserting in place thereof the
word, six, so that said section as amended shall read as follows :
Section 1. Subject to the provisions of this act, members of
the regular and reserved police force of the city of Manchester
1943] Chapter 291 437
shall be relieved of police duties, without loss of pay, once in
each six days, for a period of not less than twenty-four con-
secutive hours, except for the time required to answer at roll-
call immediately before the beginning or immediately after
the end of a tour of duty. The time and the manner of such
relief shall be determined in each instance by the police com-
missioners of the city or under authority by their chief of
police or other superior officer or officers. A member so re-
lieved shall be exempt for the time from actual service and
from presence for duty, but otherwise shall be subject during
such relief to all laws, rules, orders and regulations for the
government of the force which may be in effect from time to
time. Should the exigencies of the service, in the judgment
of the commissioners, or of the superintendent or other
superior officer authorized thereto by the commissioners, re-
quire at any time that a member of the force should be de-
prived of his period of relief or that it should be curtailed, the
time so lost shall be made up to him as soon thereafter as may
be practicable.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 13, 1943.]
CHAPTER 291.
AN ACT RELATING TO SICK LEAVE FOR EMPLOYEES OF THE CITY
OF MANCHESTER.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. City of Manchester. Each permanent employee of the
city of Manchester shall be entitled to sick leave with full pay
computed on the basis of one and one-quarter working days
for each completed month of service. Such sick leave shall be
cumulative for not more than sixty working days and shall
not lapse. All employees who have been in the service of the
city of Manchester for six years or more on the date of passage
of this act shall be considered to have the maximum sick leave
to their credit without consideration of such leave as they have
had in the meantime. Employees who have been in service
less than six years shall be allowed fifteen days for each com-
438 Chapter 292 [1943
pleted year of service without regard to such leave as they
have had in the meantime. Employees shall be required to
furnish a certificate from an attending physician for all con-
secutive days of such leave beyond three days. Employees
shall be entitled to their current sick leave as it becomes earned
whether they have the maximum sick leave to their credit or
not. Sick leave shall not be taken in advance. Department
heads reserve the right to have an independent physician
examine any employee, at the city's expense, claiming sick
leave, who in his opinion may not be entitled to the same.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 13, 1943.]
CHAPTER 292.
AN ACT RELATING TO A RETIREMENT SYSTEM FOR EMPLOYEES OF
THE CITY OF NASHUA.
Be it enacted by the Senate and Hoiise of Representatives in
General Court convened:
1. Retirement System. The city of Nashua is hereby em-
powered and authorized to grant retirement benefits to
employees of said city who are not under a system of retire-
ment benefits already in existence.
2. Duties of Mayor and Board of Aldermen. The mayor
and board of aldermen of said city under the powers granted
in section 1 may provide retirement benefits for services to be
rendered and to be performed by said employees.
3. Powers of the Boaid of Mayor and Aldermen. For the
purpose of this act, the city may raise and appropriate money ;
may accept money or other property to be held in trust and
invested and reinvested under the direction of the mayor and
board of aldermen, and use the income thereof; may enter into
contracts of insurance or annuity with insurance companies
admitted to do business in New Hampshire to effectuate the
purposes of this act and pay the premiums for such contracts
from moneys coming into its possession under the terms of
this act.
4. Amount of Benefit. No retirement benefit shall be
granted for a sum greater than one-half of the maximum
1943] Chapter 293 439
annual salary which the employee received while in the service
of the city.
5. Interpretation. Said city in adopting a retirement
system shall consider the same free from the discharge of any
existing legal or contractual liability to said employees, and
past services rendered by employees shall only be considered
as a means of qualification for retirement benefits.
6. Exemption from Attachment. The retirement benefits
to be received by said employees as may hereunder be provided
by said city shall be exempt from attachment and the operation
of laws relating to insolvency or bankruptcy.
7. Separability. If any provision hereof shall be declared
unconstitutional, the remaining provisions hereof shall not by
reason thereof be invalid.
8. Takes Effect. This act shall take effect upon its
passage.
[Approved May 18, 1943.]
CHAPTER 293.
AN ACT RELATIVE TO THE CITY ELECTION IN THE CITY OF
MANCHESTER.
Be it enacted by the Semite and House of Representatives in
General Court convened:
1. Manchester City Election. In addition to nominations
made by the primary, prior to the November city election in
the city of Manchester, candidates may file nomination papers.
Such papers shall be filed with the city clerk twenty-one days
prior to the date of said city election. The provisions of sec-
tions 62 and 63 of chapter 33 of the Revised Laws shall apply
to nomination papers filed as herein provided.
2. Takes Effect. This act shall take effect upon its
passage.
[Approved May 20, 1943.]
STATE OF NEW HAMPSHIRE
Office of Secretary of State.
Concord, October 1, 1943.
I hereby certify that the acts and resolutions and changes
of names contained in this volume have been compared with
the originals in this office and found to be correctly printed.
ENOCH D. FULLER,
Secretary of State.
INDEX
PREPARED BY
MARION G. ALEXANDER
INDEX
TO
NEW HAMPSHIRE LAWS
JANUARY SESSION, 1943
Absentee voting, general elections, see Elections, absentee voting.
Manchester city election 417, 418
Portsmouth city election 413, 414
Accountancy, board of, appropriation "iii, 353
Acknowledgment of instruments, see Uniform acknowledgment law.
Adjutant general, appropriation for department 300, 329, 330
charges against appropriations 359
repairs for armories 366, 367
roster for bonus payments 286
Administration, accounts, fiduciaries 282
guardians 137
payment of estate taxes 252, 253
veterans, incompetent, funds for 136, 137
Adoption of minors, application of act 177
consent required 175, 176
final decree 1 76
investigation by public welfare department .... 175
jurisdiction of probate court 175
petition 175
register of probate, return 176
waiting period 176
Adulteration of meat products, nitrous acid 71, 72
Aerial tramway, see Tramway.
Aeronautics commission, appropriation for department 322, 352
funds from motor vehicle road toll 88
Agency, see Attorney, power of.
Agricultural seeds, see Seeds.
Agriculture, advisory board, term of office 49
commissioner, duties as to seeds 63, 64
livestock transportation 248
salary increase 290, 296
vacancy 48, 49
department appropriations 301, 302, 330, 331
farmers exempt from license for transporting livestock 249
livestock diseases, indemnity for 201-203
soil erosion, see Soil erosion.
443
444 Index [1943
Air raids, powers of governor 100
Aircraft, fuel used to propel, refunds 83, 87, 88
Alcoholic beverages, see Liquor.
Animals, see Beaver ; Deer ; Dogs ; Domestic animals ; Livestock ;
Porcupines.
Appleton farm, transfer to Deering school district 417
Apportionment of public taxes 5-11
Appropriations, 1943-1944 298-327
1944-1945 327-357
capital budget ... - 266-269
deficiency 4, 212, 213
emergency 253, 254
town, sec Town appropriations.
(see also special topics).
Armories, state, general appropriations 267, 300, 329
repairs, special appropriation 366, 367
Arrests, see Waters, boundary.
Arts and crafts commission, appropriation 323, 353
Assessment of growing wood and timber 205, 206
stock in trade 1 10
Assignment of accounts receivable, see Liens of factors.
Athletic commission, filling vacancies 48, 49
Attachment, exemption from, Concord employee retirement benefits 415, 416
Nashua employee retirement benefits . 439
service of, fees 71
suspension in case of war emergency' 90-94
Attorney general, appointment, term 49
assistant, term 49, 50
department appropriation 302, 331
register of public trusts, to establish 259
power of, persons in military service 234, 235
.A.udits of accounts of tax collectors 179, 180
municipal reserve funds 229
Australian ballot, adoption of system for town elections 32
state elections, appropriation 306, 335
Bait, sale of fresh water smelt for 178
Ballot-law commission, examiners of voting machines 142, 143
secretary of state to be secretary 1
Ballots, see Elections.
Bang's disease eradication, appropriation 202, 203
Bank commissioner, filling vacancy in office 48, 49
department appropriation 319, 349
deputy, vacancy in ofifice 48, 49
savings, see Savings banks.
trust company, see Trust companies.
Barbers examining board, department appropriation 323, 353
reinstatement of licenses 35
1943] Index 445
Barbers examining board, term of office 49
Bear Brook area, acceptance of gift from U. S 52, 53
game refuge 225, 226
Beaver, open seasons in any county by proclamation 75, 76
Belknap county, commissioners, salaries 280
{see also County commissioners).
sheriflf, salary 279, 280
solicitor, salary- 50
Berlin armory, repairs, appropriations 367
councilmen, salary 413
maj'or, powers, salary 414
officials, appointment 412, 413
Biennial elections, see Elections.
Birth records, fees for copies 278, 279
penalty for altering 279
rules for preserving 278
(see also Vital statistics).
Blackouts, under war powers act 100
Blind, aid to needy, appropriation 319, 348
Blood test certificates, marriage 57
Boarding houses for children 21
Bob cat bounties, appropriation 323, 353
Bonds, public works (buildings, highways and bridges)
notice of claim against 263
petition to enforce claims 263, 264
requirements 262, 263
state, see State bonds.
Bonus, war service, adjutant general to prepare roster 286
amount of benefits 286
balance of fund, disposition 286
bond issue 287, 288
cessation of special poll tax 286
definitions 285, 286
poll taxes ; special established 286
qualifications for 285
Boston & Maine R. R., powers as to subsidiary companies 409
Bounties, appropriation 308, 323, 337, 353
porcupines 292
Bovine tuberculosis eradication 201-203
Budget, municipal, see Municipal.
Building and loan associations, guaranty fund, limitation 12
investment share certificates 12
surplus, creation of 12
Buildings and grounds, state, department appropriation 306, 335
(see also State house).
dangerous, notice to repair 148
penalty for neglect to repair 148
powers of fircwards 148
446 Index [1943
Buildings, public, construction, bonds requirements, see Bonds, public
works.
fire hazards, see Fire hazards.
protection from fire, see Fire protection.
Burial indigent soldiers and sailors, see Veterans, indigent.
Cancer commission, department appropriation 320, 349
Canning industry, hours of labor 38
Capital improvements, state 266-269
reserve funds of towns, districts and counties
audits 229
cities not included 227
establishment 227
expenditures 228, 229
investment 228
limitation on appropriations 228
payments into 227
purposes 228, 229
termination of act 230
trustees 229
water departments 227, 228
Carriers, common and contract, misdemeanors by persons riding in 179
report on deliveries of motor fuel . . 81, 82
Checklists, see Elections.
Cheshire county, probate office, clerk hire 171
Child health, state department appropriation 318, 347
Children, adoption, see Adoption of minors.
boarding houses for 21
child care centers 22
day care program 22, 23
delinquent, liability for maintenance 34
dependent, appropriation for care 319, 348
records for legitimation 278
Chiropody, reinstatement of licenses to men in service 35
Chiropractic, examiners, department appropriation 323, 353
reinstatement of licenses to service men . . 35
term of office 49
City budget, public hearings prior to adoption 178, 179
charters, application of laws to 179, 181
checklist provisions repealed 115
checklists, sessions for correction 114
{sec also Ejections).
clerk, publishing and posting notice of budget hearing 178, 179
competitive bidding 120
purchasing departments, authority to create : 119, 120
by state agent 28
tax collector, application of laws 181
{see also Municipal; Municipality and under names of cities).
1943] Index 447
Civilian defense, director, state council Si
town appropriations 144
worker, exemption from liability 100
Clams, towns may regulate taking 170
Claremont, checklists, correction of 115
community center, acceptance of gift 401
appropriation 414, 415
meeting legalized 401, 434
sewer fund, disposition 425
water bonds, renewal 434
Classification plan for state employees, sec State employees.
Colby Junior College, degrees 408
Common and contract carriers, misdemeanors by persons riding
therein 179
Community center, Claremont, see Claremont.
Competitive bidding, cities 120
state purchases 28
Comptroller, classification plan, to administer 207, 208
department appropriation 302, 331
term of office 49
travel bureau 109
vacancy in office 49
Concord armory, repairs 367
employees retirement system, appropriation 415
benefits 415
contracts of insurance 415
exemption from attachment 415, 416
limitation on amount 415
mayor and aldermen, powers 415
separability of provisions . . 416
police force, inspectors 396
Union School District in, sec Union School District.
Water works 416
Conditional sales, personalty, discharge of liens 245, 246
Conduits of utilities under highways, procedure for locating 171-174
Congress, memoralizing, pay-as-you-go plan of taxation 358
United Nations of the World 364
Conservators, sec Fiduciaries.
Constitution, N. H. Part II, art 51, public safety 97
Coos county fiscal agent, appointment by court 162
bond, salary 162
county commissioners 163
powers and duties 162-164
qualifications 162
referendum vote 164
reports required 163
Cornish bridge freed from tolls 145
defense appropriation legalized 419
448 Index [1943
Corporations, charters repealed 428-434
Colby Junior College, see Colby Junior College.
Franklin & Tilton R. R., see Franklin,
hospital service, see Hospital service.
Lebanon Water Works, see Lebanon,
medical service, see Medical service,
railroad, see Railroad.
St. Mary's Bank, see St. Mary's.
Stoneleigh College, see Stoneleigh.
Tilton School, see Tilton School.
Council of state governments, appropriation 299, 328
County capital reserves, see Capital reserves.
commissioners, registration of veterans 275
salaries 166, 211, 212, 280, 28.S
probate offices, clerk hire 74, 75, 171
{see also Probate, register.)
purchases through state agent 28
reports, filing at state library 131
sheriffs, salaries 279, 280
solicitors, salaries 50, 184, 185
treasurer, bond 228
custodian reserve funds 228
Court, municipal, see Municipal court,
probate, see Probate court,
superior, see Superior court,
supreme, see Supreme court.
Dalton, see Grade crossings.
Damages, exemption from liability in war time 100
Day, defined as used in tax laws 183
Dead human bodies, interment and disinterment, see Disinterment.
Death benefits under fraternal plan 106, 107
records, fees for copies 278, 279
penalties for altering 279
rules for preserving 278, 279
Declaration of trust, trustees in military service 281-283
Deer, legal possession 204
permit to bring from without state 204
taking with rifle 183, 184
temporary open season 276
Deering school district boundaries 417
Defense, state council of, see State council of defense.
Deficiency appropriation for certain state departments 4, 212, 213
Delinquent children, see Children.
Dental board, reinstatement of licenses to men in service 35
Derry, bonds and notes 424
change in classification of roads 54
sewerage system 424
Development, Planning and, commission, sec Planning.
1943] Index 449
Disability benefits, commission on, extended 295
terms of office 295
Disinterment and interment of dead human bodies, penalties 225
permit required. 224, 225
Dogs, cropping ears prohibited 203
exhibition of 203
Domestic animals, indemnity for condemned 201, 202
Dorchester, appropriation for repair of highways 365
Dover armory, repairs 367
Eames Oil Company, in favor of 363
Eaton, Percy S., trustee, in favor of 364
Echo Lake, Conway, recreational area, appropriation 224
maintenance 224
purchase by state 223
Education, appeal for transfer of pupils 211
state board, department appropriation 315-317, 344-346
establish standards for day care of children. 22
membership 38, 39
trust fund to administer 294
vocational, sec Vocational education.
(see also Schools).
Effingham, meetings legalized 403
Elections, absentee voting, ballots 24, 26, 27
method of 26
oath 24-26
when permitted 24
(see also Absentee voting).
Australian ballot system, see Australian ballot,
ballot-law commission, see Ballot-law commission.
ballots, counting 108
elimination of squares after write-in 15, 16
primary 15, 16
town, see Non-partisan ballot system.
biennial, ballots, form of 13, 14
Portsmouth 410, 411
(see also other topics hereunder).
checklists, complaints as to irregularities 16, 17
filing original, state library 131
sessions for correction 113-115
time for posting 113
use with non-partisan ballot 31
voters moving from town 271, 272
delegates to state convention, number 120, 121
Manchester 417, 418, 425-427, 439
Portsmouth 410, 41 1
presidential electors 14
primary ballots, form 15, 16
date 181
450 Index [1943
Elections, recount, time for filing application 2, 3
representatives to general court 109
supervisors, temporary disqualification 58, 59
transfer cards 271, 272
town, appointment assistant officers 36
ballots, see Non-partisan ballot system.
voters, names illegally on, or kept from checklist 16, 17
qualifications, prison sentence 264, 265
residence 271, 272
students 264, 265
temporary absence, effect 264, 265
United States service, effect 264, 265
transfer cards vi'hen moving 271, 272
voting machines, board of examiners 142, 143
penalty for injuring 142, 143
use at elections 143
Electric wiring installations, regulations 148
Elk, no open season 17, 18
Embalmers, see Funeral directors.
Emergency defense fund, appropriation 299, 328
legislation, see War emergency.
state department, appropriation 253, 254
town notes or bonds, extension of act 95
Eminent domain, war housing authority 192, 193
Employers liability and workmen's compensation, see Workmen's
compensation.
Employment, hours of labor, see Labor.
veterans preferences 275, 276
workmen's compensation, see Workmen's compensation.
Estate taxes, equitable apportionment in certain cases 252, 253
jurisdiction of probate court 253
Evacuations in war time 102
Exits in public buildings 217-220
Factor's liens, see Liens of factors.
Factory inspection, appropriation 305, 334
Farm Security Administration, medical service plans 243
Fees, attachment, service of 71
library 129
Alanchester primary 426
probate records furnished to attorney general 261, 262
town clerk, recording 231
vital statistics, copies 278, 279
writs, service of 71
Fiduciaries, administrators, trustees, conservators or guardians . . . 281, 282
compensation of, substituted 281
in military service, procedure for relief 281, 282
incompetent veterans 137
1943] Index 451
Fiduciaries, power of courts 281
public trusts 259-261
removal ^^
security to furnish ^^
taxes, estate ^-^^
terms defined 2°^
Fiduciary defined '^"^
Financial responsibilty, motor vehicle, exceptions 245
procedure after accident . . 118, 119
suspension of licenses 119, 245
Fines, disposition of 2/9
Fire district, exemption from liability in time of emergency 100
hazards, electric wiring installation 148
lightning rodding 255, 230
notice to repair dangerous buildings 148
regulations by firewards 147, 148
selectmen, regulations 148
inspection in war time
101
prevention, state appropriation 304, 333
protection for buildings of public assembly, appeals 222
capacity of rooms 222
exits 217-220
fire appliances . . 221
flame proofing . . 217
inspections 221
licenses 216,217
penalties 222
stairways 220, 221
words defined . . . 215, 216
in time of war 100, 101
Firemen's aid relief fund, women included in benefits 246
Relief Association, grant 303, 332
retirement board, appropriation 323, 353
Firewards, issuance of licenses for public buildings 215-217, 221
regulations as to fire hazards 147, 148
Fireworks, sale and use, definitions 88, 89
enforcement 89
exceptions 89
penalties 90
permits for public displays 90
prohibited sales 89
time act takes effect 90
Fiscal agent, Coos county, see Coos county.
year, town and village districts 204
Fish and game, animals, game, protected 18
conservation officers, powers of arrest in Massa-
chusetts or Maine 20, 21
department appropriation 323, 324, 353, 354
452 Index [1943
Fish and game, fish screens, appropriations 267
refuge. Bear Brook area 225, 226
rules and regulations 178
rearing station. Summer brook, Ossipee 248
(see also special topics).
Fishing and hunting licenses, poll tax prerequisite 58
war-time, to members armed forces . 258, 259
in boundary waters, reciprocal agreements for arrests 20, 21
sale of fresh water smelt for bait 178
violations, arrests for 20, 21
Fiske, Catherine, legacy, benefit state hospital 293
Flame proof materials, use in public buildings 217
Flight strip highways for war emergency 157, 158
Food and drug act, see Meat products, adulteration.
investigation in time of war 97, 98
investigations by state board 164, 165
Forest resources of state, study 362, 363
Forestry and recreation commission, department appropriation . . . 303, 304
332-334
Echo lake area, maintenance 224
membership 209
term of office 49, 209
Forms, acknowledgments 139-142
Franklin & Tilton Railroad, corporation dissolved 406
Fraternal benefit societies, beneficiaries 106
charitable funds 106
distribution of funds 107
juvenile benefits 107
not affected by medical service corpora-
tion law 245
Funeral directors and embalmers, reinstatement of licenses to men
in service 35
Gasoline tax, see Motor vehicle road toll.
General court, see Legislature.
funds, see State funds, general.
Glidden, Herbert C., estate, in favor of 357, 358
Goffstown village fire precinct, commissioners, election 404
term of office 404
powers 404
Goodwin, E. Charles, Community Center, Claremont 401, 414, 415
Governor and council, appointment interim committees, see Interim
committees.
appropriation 299, 328
capital improvements, to direct 267
classification of state employees, adoption . . 206, 207
modifications 207
rules 208
1943] Index 453
Governor and council, highways, limited access, to locate 110
purchasing agent, appointment 27
special poll tax collections, powers 286
state officials, adjustment of terms of office 48
vacancies 48
veterans council, appointment 274
wildlife exhibit in state house, to provide . . 359
Governor, member board of education ex officio 39
health ex officio 19
war powers, see War powers.
Grade crossings, Dalton, Whitefield, appropriation 357
Grafton, election legalized 400
Grand Army of the Republic, grant 302, 332
Granite State Dairymen's Association, appropriation 301, 330
Deaf Mute Mission, appropriation 302, 332
Great Bay development, study continued 368
Greenfield, election legalized 399
Groton, highways, appropriation for repairs 365
Guardians of incompetent veterans, see Veterans.
(see also Fiduciaries).
Hairdressers board, department appropriation 223, 353
reinstatement of licenses to persons in service 35
vacancies in office 48, 49
Hampton Academy, si'c Hampton Proprietary School.
Harbor toll liridge, appropriation extended 33
Proprietary School in, name changed to The Hampton
Academy and High School 419, 420
sea wall, appropriation extended 33
Hares and rabbits, open season for taking 70
Hay and fodder, motor vehicles transporting, width 156
Health laboratories, bulletin 165, 166
contracts for outside services 165
food and drug investigations 164, 165
reimbursement for services 165
water supply inspection 165
local lioards, towns on Squam lake, powers S7
state department, appropriation 317, 318, 346, 347
child care standards 22
established 19
membership of board . 19
vacancies 19, 48
personnel, appointment 20
seal 19
state health officer 19, 20
salary 296, 297
tuberculous indigent patients, care 74
vital statistics, see Vital statistics.
454 Index [1948
High schools, discontinuance 51
military drill, see Military drill.
Highway commissioner annual reports 284
vacancy in office 48, 49
construction bonds, see Bonds.
damaged by cloudburst, repair 365
defined 70, 77, 169
flight strip for war emergency 157, 158
funds, charges against 315, 2,22,, 352, 355
limited access, authority to layout 110
regulation of traffic Ill
service roads Ill
taking land for Ill
maintenance, class I and II 169, 170
powers of governor in time of war 101, 102
right of access to ". 94
secondary, see Secondary highway system.
state aid construction suspended for war duration 168
telegraph lines, wires and conduits 171-174
town, discontinuance, procedure 94
right of access 94, 95
Hill, annual meeting legalized 421
Hillsboro Guaranty Savings Bank, special depositors 416
trustees, number 416, 417
powers 416, 417
Hillsborough Bridge special school district, boundaries 417
county commissioners, salaries 288
{see also County commissioners).
probate office, clerk hire 74, 75
Horse racing, see Racing.
Horticultural Society, New Hampshire, appropriation 301, 330
Hospital service corporations, foreign, reciprocity 168, 169
House boats, Squam lake, prohibition 57
Housing center, war, municipality may aid 167
war workers, aid from federal government 197, 198
commissioners, appointment 188
qualifications 188, 189
removal 189, 190
cooperation of municipalities 198-200
creation of authorities by municipality 188
declaration of necessity 186, 187
definitions 187, 188
eminent domain proceedings 192 193
exemption of property from execution sale 197
issuance of bonds 193-196
loans from municipality 200
planning and zoning laws 193
powers of authority 190, 191
1943] Index 455
Housing, war workers, reports to city or town clerk 200
tax exemption and payments in lieu of taxes 198
termination of act 201
Industrial school, appropriation 267, 308, 309, 338, 339
Insect and plant disease control, appropriation 302, 331
Insurance commissioner, department appropriation 305, 334
hospital service, reciprocity conditions . . . 168, 169
lightning rods, licenses 255
medical service, duties 239-245
sale of securities, duties 150, 151
vacancy in office 48, 49
deputy commissioner, salary increase 290, 291, 296
domestic casualty companies, legal investments 235, 236
hospital service, foreign 168, 169
life, sec Standard non-forfeiture law; Standard valua-
tion law.
medical service corporations 238-245
motor vehicle, see Financial responsibility.
personal property floater risks 156, 157
purposes of incorporation 156, 157
revocation of certificate by commissioner 149
sale of securities, see Sale of securities.
unauthorized 149
Interim committees and commissions, field services, state 367, 368
high schools, military drill . . 364
recreational property, war
injured 366
soil erosion 368, 369
state trust funds 365, 366
taxation growing wood and
timber 361, 362
workmen's remedial care . . 298
Interment of dead human bodies, permit for 224
Interstate Bridge Authority, see Maine-New Hampshire.
Interstate transportation of paupers, law repealed 159, 160
Jafifrey, Poole legacy, acceptance and administration 402
Junior college degrees, granting 400, 408
Justice of the peace, acknowledgment of instruments, see Uniform
acknowledgment law.
Kecnc armory, repairs 367
teachers college, appropriation 316, 345
Kimball, Joseph, legacy for benefit state hospital 293
Labor, department appropriation 305, 334
hours of, females and minors 38
456 Index [1943
Labor, minimum wage, see Minimum wage compact.
veterans preferences 275, 276
wages, exemption from trustee process 37, 38
workmen's compensation, see Workmen's compensation.
Laconia state school, appropriation 309, 310, 339, 340
Law enforcement agencies, fire protection laws, enforcement 216, 222
Laws, construction of statutes as to public officials 48
Revised, see Revised Laws.
Session, see Session Laws.
suspension or modification in war time 97
uniform, see Uniform acknowledgment law.
Layout of highways 1 10, 111
Lebanon Center Precinct Fire Department, meetings 435, 436
Water Works, election commissioner 436
first meeting corporation 435
Legal investments, municipal capital reserves 228
savings banks 235, 236
state trust funds 294
Legislature, apportionment of representatives 42-46
appropriation 298, 328, 368
basis for apportionment 46
employees, mileage and transportation 297
representatives, apportionment 42-46
travel allowances 18
vacancies 109
Libraries, free public, state aid 130, 131
Library commission, state, acceptance federal aid 131
appointment 127
appropriations 307, 336
assistant librarian 129
county reports, filing 131
fees, fines, disposition 129
functions of library 128, 129
librarian, state 129
library building 130
publications 130
reports filed with 131, 132
rules and regulations 129
tenure of office 128
town reports, filed 131
transfer of appropriation 133
Licensee in armed forces, reinstatement of license from state boards 34, 35
Lien, household furniture 246
of factors on merchandise and assignment of accounts re-
ceivable :
bills receivable 232, 233
certificate of discharge 232
common law lien 233
1943] INDEX 457
Lien of factors on mcrcliandise and assignment of accounts re-
ceivable:
construction of act
definitions
factors election of remedy '^J'^
fees to town clerks
posting of sign at location of merchandise 230, 231
recording of notice 7,0 9^^
requirements for '^•^^' '^^^
personalty, recording discharge
{see also Conditional sales).
Life insurance, see Insurance.
Lightning rods, bond to be filed with insurance commissioner .... ^^-^ ^^_0
prerequisites for license __ '^^
suit on bond for recovery 2dd, 2o6
Limitation, statute of .■■'."' ^r.-.
Liquor and alcoholic beverages, certificate of approval, limitation /»^
Sunday sales prohibited ^_ ^^
commission, department appropriation ^26, 3dd, 3^6
employees, veterans preference 27?,^ ^/o
laws, penalties for violations ' '
local option for sale of j7 'a^
price mark eliminated on bottles ' ■_
recount on question of local option .„ ' .'
47 48
sale of, in state stores '
Littleton water works, commissioners, compensation
meetings ^"
vacancies ^^^
Livestock, transportation, by motor vehicle, exceptions 249
license 248
penalty 249
sale, bill of 249
care during shipment ^■^^
,,.,,,. ., 160, 161
Lobsters, legal limit '
Long Island recreational area, see Aloultonborough.
Lunacy commission of, name changed to commission of mental
health ^^2
Maine, lx)undary line fishing violations ^v , -i
Maine-New Hampshire bridge authority, disposal of real estate . . 35, 36
motor vehicles, exempt
from fees 135, 136
Manchester armory, repairs, appropriation 365
charter, provisions repealed as to elections '127
elections, city, nomination papers '139
primary, application of laws 426
ballots •125, 426
city clerk, duties 425
458 Index [1943
Alanchester elections, primary, date 425
declarations of candidacy 425, 426
filing fees 426
nominating petitions 426
recount of ballots, counting 426, 427
declaration .... 427
membership o f
board 426
notice 426
voting, absentee 417, 418
employees, sick leave 437, 438
vacations without loss of pay 418
housing authority 200, 201
police force, days of rest 436, 437
Markets, bureau of, appropriation 301, 331
Marlow, election legalized 398, 399
Marriage certificates, blood test records 57
records, fees for copies 278, 279
penalty for altering 279
preserving 378
Massachusetts, boundary line fishing violations, reciprocal laws .... 20, 21
Mayor, Berlin, see Berlin.
housing authority commission to appoint 188
Nashua, see Nashua.
McDonough, Maria, in favor of 360, 361
Meat products, what is adulteration 71, 72
Medical service corporations, agents, license required 240, 241
annual reports 244
contract, form of 241
definitions 238
. examinations by insurance commis-
sioner 244
incorporation 239
laws not affected 244, 245
license requirements 239, 240
liquidation or merger 244
management 242, 243
physicians participating 243, 244
rates, approval 242
Medical society, New Hampshire, nomination of directors of
service corporation 242
Medicine, board of registration, appropriation 317, 347
Merchandise, see Liens of factors.
Merrimack county probate office, clerk hire 74, 75
Mileage allowances, legislature, employees 297
members 18
state employees 109
Milford Home for Aged Women, property holding limitation 418, 419
1943] Index 459
Military drill, high schools, interim commiltej to study 364, 365
organizations, grant 302, 332
service, acknowledgment oi written instruments 141, 142
bonus, see Bonus, war service.
effect on voting qualifications 264, 265
fiduciaries in, appointment of successor 281, 282
fish and game licenses, war time 258, 259
N. H. Troubadour to be sent 363
operation of motor vehicles without license 283, 284
paroled prisoners, suspension of supervision 52
poll tax exemptions 249, 250
power of attorney in case of death of principal . . 234, 235
reinstatement of professional licenses after service 34, 35
state employees . 105, 106
suspension of supervision, state prison parolees . . 52
unemployment compensation 66, 67
(see also Veterans).
uses, limited access highways 110, 111
Milk control, department appropriation 314, 343
^Minimum wage, appropriation 305, 334
compact, abrogated 210
effective date 210
]\Iinors, adoption, see Adoption of minors.
authority to make wills 135
hours of labor 38
Misdemeanors, persons riding in public conveyances 179
Moderator, assistant, appointment for elections 36
Mortgage moratorium, war emergency, false statements, penalty. . 93
petition 90, 91
powers of court 91, 92
redemption proceedings . . 91, 92
witnesses, attendance 93
personal property, see Conditional sales.
Mortuary funds, held by fraternal benefit societies 107
(see also Death; Funeral directors).
Motion pictures, time for performances on Sunday 56
Motor boats, fuel for 87, 88
vehicle, accidents, suspension of licenses 118, 119, 245
appropriation, department 325, 355
chauffeur license, age limit 21, 22
commissioner, vacancy in office 48, 49
financial responsibility, see Financial responsibility.
free registration certificates 135, 136
length, limitations 156
livestock, transportation, see Livestock.
nonresident, defined 273
reciprocal operation without registra-
tion 236
suspension of laws 236
460 Index [1943
Motor vehicle, number plates 3
officials, deputy commissioner 185
director o£ safety 185
road toll administrator 185, 186
operation of, by members of armed services 283, 284
revocation of licenses 284
road toll law, bonds required of distributor 78, 79
cancellation of licenses 80, 81
common and contract carriers, re-
ports 81, 82
definitions 76-78
disposal of revenue 87, 88
exemptions 78
hearings before commissioner 82, 83
inspection of records 82, 83
licenses for distributors 78
penalties 81, 83, 86
purpose of toll 78
rate of toll 78
refunds 83, 84
reports to motor vehicle commis-
sioner 79, 80, 81, 82
^ rules and regulations, power to make 86, 87
suits for recovery of tolls illegally
collected 85
toll payments in default 83
transfer of business 83
records and personnel
from treasury 87
users of fuel other than motor fuel 85, 86
transporting livestock, see Motor vehicle, livestock.
loose hay and fodder 156
width requirements 156
Moultonborough, Long Island recreational area 237
Mount Washington Observatory, grant 303, Z2>2
Alt. Sunapee tramway, appropriation extended 223
Municipal budget, city, public hearings 178, 179
law, application to village districts 112
limitation on appropriations 112, 226
court, original jurisdiction 285
vacancy in office justice, jurisdiction of another
court 285
writs, sheriff fees for service 71
employees, retirement plans, study 272, 272)
probation officers, see Probation,
reserve funds, see Capital reserves.
war housing centers, aid for 167
{see also Housing),
water works, small, exemption from reports 144
1943] Index 461
Municipality, bounties, reimbursement for payment 292
liability for support of delinquent children 34
purchases by state purchasing agent 28
voting machines for use at elections 1-^2, 143
(see also City; Town).
Names changed by probate court 3/0-390
superior court 390-395
commission of lunacy to commission of mental
health 1(^2
Proprietary School in Hampton to The Hampton
Academy and High School 419, 420
Weare reservoir to Lake Horace 108
Nashua armory, repairs, appropriation 365
employees, retirement system 438, 439
benefits 438, 439
establishment 438
exemption from attachment. 439
interpretation of act 439
mayor, salary 434, 435
New Durham, election legalized 398
New Hampshire Conference Seminary, see Tilton School.
Historical Society, copies of town reports filed . . 131
Horticultural, see Horticultural,
seed law, see Seeds, agricultural and vegetable.
Sheep Breeders, sec Sheep Breeders Association.
(see also State).
Newport refunding bonds 427, 428
supervisors, sessions for correction checklist 115
Non-partisan ballot system, authority for town to adopt 29
ballots, form 31
checklists 31
fees 29, 30
nominating petitions 30, 31
officers to be elected 29
recounts 32
school districts 32, 33
village districts 32, 33
Notary public, acknowledgments 138
Number plates, motor vehicle, see Motor vehicle.
Offenses against the police of towns, by persons riding in pul)lic
conveyances 179
(see also Liquor laws).
Old age assistance, additional grant 289, 290
biennium appropriation 319, 348
Home Week Association, grant 302, 332
Omnibus bill 369, 370
462 Index [1943
Optometry, board of, appropriation 323, 353
reinstatement of licenses of men in service. . 35
term of office 186
Pari mutuel pools, see Racing, horse.
Parole from state prison 118
state board, legal custody of prisoners 53
Parolee, state prison, suspension of supervision for men in service 52
Paupers, interstate transportation 159, 160
Pembroke, taking deer 183, 184
Personalty, conditional sales, see Conditional sales.
Pharmacy commission, department appropriation 322, 352
reinstatement of licenses of men in service 35
Physicians, see Medical service corporations.
Pierce, Franklin, homestead, appropriation 306, 336
Pine blister rust, appropriation 304, 333
Planning and development commission, department appropriation 320, 349, 350
Great Bay improvement
study 368
ski traffic, to study 222, 223
study of businesses injured
by war 366
Trovibadour, sent to serv-
ice men 363
vacancies in office 48, 49
Plymouth teachers college, appropriation 316, 345
Poles, public utility, in highways, procedure for erecting 171-174
joint use 37
Police, local, see Law enforcement,
state, see State police.
Policemen's retirement board, appropriation 323, 353
Political conventions, state, number of delegates 120, 121
Poll taxes, application of laws 288
military service exemption 249, 250
prerequisite for fishing license 58
special assessment for war service bonus 286
veterans exemption 249, 250, 288
Poole, Alice W., gift to town of Jaffrey 402
Porcupines, bounties, amount 292
effective date of act 292
Portsmouth, absentee voting 413, 414
biennial election 410, 411
application of laws 411
appraisers 41 1
canvass of votes 411
education, board of 41 1
other officials 410, 41 1
1943] INDEX 463
Portsmouth, officials, term of office 410, 411
1944 election 410
registrars of voters, certifications filed with city clerk 420, 421
sessions of board 420, 421
{see also Elections),
school teachers and employees, disability retirement • . 409, 410
Presidential electors, checklist filed at state library 131
form of ballots 14
Primary, see Elections.
Prison, state, appropriation 267, 312, 313, 342
deficiency appropriation 4
industries, appropriation j23, 3b3
technical adviser, expenses 359
prisoners, final discharge after military service .... 52
legal custody 53
reports 52
sentences, release for good conduct 118
suspension of supervision 52
{see also Parole).
Probate court, administration proceedings, see Administration.
adoption of minors, jurisdiction 175-177
apportionment estate taxes 252, 253
appropriation 300, 329
fiduciaries 281, 282
names changed by 370-390
veterans administration 137
register, adoption petitions and reports forwarded 175, 176
clerk hire, see County probate offices.
public trusts, information to attorney general .... 261, 262
Probation department, appropriation 314, 344
investigations 176, 177
officers, appointment 13
supervision over municipal officers 13
Process, service of, see Service of process.
Property, disposition of, by will 135
personal, see Personalty.
private, taking under war powers act 98-100
real, see Real estate.
Public assembly, places of, see Fire protection in pulilic buildings,
buildings, see Buildings, public.
library commission, agency abolished and duties transferred 133
officials, see State officials.
service commission, department appropriation 321, 350
funds from motor vehicle road tolls . . 88
railroad corporations 116
reports from municipal water works . . 144
transfer of part interest in poles by
utilities 37
464 Index [1943
Public trusts, see Trusts, public,
utilities, poles, see Poles.
welfare, adoption of minors, investigations 175-177
burial expenses, indigent veterans 145, 146
department appropriations 291, 292, 318, 319, 348, 349
establishment of standards for day care of children 22
records, destruction of certain 17
transfer of appropriation for tuberculous patients 74
(see also Old Age assistance),
works, bond requirements, sec Bonds, public works.
Purchasing agent, state, appointment 27
competitive bidding for purchases 28
department appropriation 305, 335
duties 27, 28
office and assistants 27
departments, city 119, 120
Publicity, state, appropriation after the war 320, 350
Rabbits, see Hares and rabbits.
Racing commission, department appropriation 325, 355
horse, pari mutuel pools extended for two years 117
Railroad corporations, acquisition of other railroads 116, 117
Boston & Maine, corporate powers 409
Franklin & Tilton, dissolved 406
leases 116, 117
livestock, transportation, care required .... 134
rights under lease of another corporation. . 116, 117
taking by state as war emergency 98, 99
transferor corporation, stockholders, right. . 116, 117
(see also Common and contract carriers).
Real estate, assessment for taxation, requirements 39, 205, 206
mortgage moratorium, see Mortgage.
taking by state in war emergency 98-100
taxation, exemption, disabled veterans 251
military service 251
interest 65, 66
inventory blanks 205, 206
notice of tax sale 39, 40, 181, 182
record of invoice 39
redemption 65, 183
sales for taxes 40, 65, 66, 181-183
selectmen record of invoice 39
wood and timber, separation from land 205, 206
Reciprocal laws, fishing in boundary waters 20, 21
motor vehicle operation 236
Recount of ballots, biennial elections 2, 3
Manchester primary 426, 427
non-partisan system in towns 32
1943] Index 465
Recreation, forestry and, see Forestry.
Recreational areas. Bear Brook ^^> ^^
Echo Lake 224
Long Island, Moultonborough 237
businesses, injured through war conditions 366
Referees, appropriation 300, o29
Regional development associations, appropriation 320, 350
Register of deeds, record of tax sales 40, 182, 183
probate, see Probate, register of.
Representatives to Generar Court, apportionment 42-46
basis for 46
mileage allowances IS
vacancies, filling 109
(see also Legislature).
Retirement systems, Concord employees, see Concord.
firemen, se'e Firemen retirement board.
Nashua employees, see Nashua.
policemen's, see Policemen's retirement board.
report of, 1945 legislature 272
public officials, municipal 272, 273
state, study by interim committee 272, 273
teachers', see Teachers retirement system.
Revised Laws, amended, repealed, etc.
chapter 5, shore and beach commission 49
s. 1, commission 177
7, new s. 34-a, construction of statutes 48
9, s. 15, travel for legislators 18
s. 16, computation of travel IS
JT. 17, legislature 297
10, s. 13, books and reports 132
14, ss. 6 to 15, incl. repealed 28
new chapter 14- A, purchasing agent 27, 28
15, ss. 1 to 47, state library commission 127-131
s. 59, town library trustees 131, 132
17, s. 34, state hospital 162
21, s. 11, secretary of state 291
22, new i'. S-a, working capital 28
J. 22, salary 296
new .y. 40, revenue road toll 87
new .f. 41, exception 87, 88
23, comptroller 49
s. 14, comptroller 109
24, .V. 1, attorney general 49
new ss. 13-a to 13-n, public trusts 259-262
s. 14, assistant attorney general 49, 50
J. 20, solicitors 50, 184, 185
27, .9.f. 24 to 33, application 224
s. 40, planning commission 49
new s. 42-a, ski traffic 222, 223
466 Index [1943
Revised Laws, amended, repealed, etc.
chapter 31, s. 8, legal voters 271, 272
.$■. 10, voting qualifications 264, 265
32, checklists . .- 31
s. 4, supervisors 58
new^ s. 4-a, disqualification 58, 59
i'. 5, posting checklists 113
s. 6, sessions for correction 113, 114
new J. 6-a, large towns 114
new J-. 6-b, cities 114, 115
new ^. 12-a, checklists 16, 17
J. 13, certification of list 115
J. 16, corrections 114, 115
33, s. 4, primary date 181
s. 5, political conventions 120, 121
J. 29, primary ballots 15, 16
s. 59, state conventions 14, 15
s. 97, ballot-law commission 1
34, application of 31, 32
.y. 3, biennial election 13, 14
J. 7, form of ballots 14
s. 8, form of ballots 16
J". 52, marking ballots 14
^. 60, absentee voting 24
s. 61, I, II, ballots 24
s. 61, III, IV, oaths 24, 25, 26
J. 65, procedure in voting 26
s. 69, defects 26, 27
J. 79, ballots 108
s. 89, Australian system 32
ss. 95 to 101, elections 32
new s. 90-a, assistant officials 36
s. 102, application of provisions 32
s. KM, election recounts 2
new s. 112, non-partisan ballot system 29, 30
new J. 113, officers 29, 30
new s. 114, filing, fees 29, 30
new s. 115, nominating petitions 30
new s. 116, number of petitions 30, 31
new s. 117, form of ballots 31
new s. 118, paper 31
new s. 119, check-lists 31
new s. 120, application of laws 31, 32
new s. 121, change of system 32
new s. 122, option 32
40, ss. 3, 4, apportionment of representatives 42-46
new J. 4-a, basis of representation 46
s. 6, representatives 109
1943] Index 467
Revised Laws, amended, repealed, etc.
2
chapter 45, county elections
47, J. 27, county commissioners 166, 211, 212, 257, 280, 288
51, s. 4, new XXXII, town appropriations 40, 41
J. 5, special town meetings 46, 47
s. 22, trustees trust funds 95, 96
s. 28, compensation "6
new s. 32-a, town by-laws 208, 209
s. 92, fiscal year 204
52, s. 4, town budgets 1 12, 226
new J. 5-a, committees Il2
56, J. 1, water works 144
59, J. 5, town clerks 132, 133
J. 30, bonds 1^0
s. 32, tax collector 179, 180
new s. 32-a, vacancy 1°^
s. 37, liability 180, 181
s. 42, tax commission ISO
62, new J. 9-a, city budget 178, 179
63, ^j. 2, 3, 4, application 411
65, new s. 16, city purchasing department 119, 120
68, J-^. 9, 10, burials 225
70, village districts 32, 33
J. 4, village districts 121
J. 21, annual meetings 121, 122
72, s. 2, Long Island 237
73, s. 2, poll taxes 249, 288
J. 4, definitions 249, 250
s. 5, military service 250
s. 29, service exemption 2^1
75, s. 3, inventory blanks 205, 206
76, J. 4, tax invoice 20j
77, s. 5, tax records 39
J-. 8, repealed 39
s. 11, interest on taxes 65
80, s. 19, tax sales 39, 40, 181, 182
s. 20, report 182
J. 24, report of sale 40, 182
s. 27, redemption of land 65
.V. 28, redemption 182, 183
s. 29, record 40, 182
s. 30, subsequent tax 65, 66
new s. 46, definition 183
88, estate taxes 252
new chapter 88-A, estate taxes 252, 253
90, s. 1, highways defined 70
93, highways 1 1 1
new chapter 93- A, limited access highways 110, 111
468 Index [1943
Revised Laws, amended, repealed, etc.
chapter 95, ^. 1, discontinuance of highway 94
new s. 1-a, right of access 94, 95
99, s. 2, highway commissioner 49
s. 18, report 284
s. 24, state highways 172
J. 24, II, highways 169
100, highways 110
s. 10, reconstruction 169, 170
s. 21, repealed 170
ss. 22, 23, highways 168
^. 35, secondary highways 54
^•. 38, class II highways 168
113, .$■. 2, telegraph lines 171, 172
s. 5, returns 174
J. 9, repealed 174
115, s. 1, motor vehicle commissioner 49
s. 1, XVII, nonresident 273
new s. 4-a, assistants 185, 186
1 16, J. 7, number plates 3
s. 30, suspended 236
s. 31, suspended 236
s. 32, suspended 236
s. 33, suspended 236
J. 34, suspended 236
s. 35, suspended 236
s. 38, suspended 236
117, .y. 16, suspended 22
118, J. 10, interstate bridge authority 135, 136
s. 19, accidents 118
119, ^. 1, number plates 3
s. 38, motor vehicle width 156
120, new chapter, motor vehicle road toll 76-87
122, .9. 5, accidents 118, 119
new .V. 5-a, exceptions 245
J. 9, suspension of license 119
124, s. 16, burial expenses soldiers 145, 146
s. 27, repealed 159, 160
125, s. 14, repealed 159, 160
126, new s. 3-a, destruction of records 17
s. 25, repealed 274
127, abandoned children 175
130, s. 22, boarding houses for children 21
132, new s. 13-a, maintenance of children 34
134, i-. 1, state board of education 38, 39
s. 39, vocational education 133, 134
135, s. 44, schools 316, 346
1943] Index 469
Revised Laws, amended, repealed, etc.
chapter 136, teachers retirement board 49
s. 15, retirement system 277
138, s. 21, appeal 211
J. 25, scholars 211
N s. 34, high schools, discontinuance 51
145, state police 49
146, J. 5, council of defense 51
147, s. 1, health department 19
J. 2, state board 19
J. 3, organization 19
J. 4, state health officer 19, 20
.y. 14, state health officer 297
new chapter 149, state laboratories 164-166
153, .$■. 4, state sanatorium 74
157 J. 2, hairdressers board 49
158, barbers board 49
164, .$■. 3, adulteration 71, 72
new VII, meat products 71, 72
168, s. 51, interment 224, 225
169, housing 201
170, ^.v. 7, 8, assistants 275
J'. 10, liquor 275
.<•. 16, packaging 47, 48
s. 44, local option 2, 3
.V. 48, violations 55
s. 49, liquor 275
-v. 51, preferences 275, 276
new s. 60-a, Sunday sales 283
new .?•. 78-a, restrictions 283
s. 86, penalties 55, 56
171, s. 2, payments to state 117
s. 15, horse racing 117
172, s. 1, athletic commission 48, 49
175, s. 13, fire protection 147, 148
new J. 17-a, selectmen, powers 148
J. 18, notice to repair 148
s. 19, penalty 148
new chapter 179-A, sale and use of fireworks 88, 90
180, .9. 2, repealed 292
s. 3, repealed 292
s. 5, reimbursement 292
new J. 17-a, dogs 203
new s. 17-b, exhibition 203
181, s. 2, capital budget 248
191, s. 2, lightning rods 255
s. 3, repealed 255
.f. 9, bonds 255,256
470 Index [1943
Revised Laws, amended, repealed, etc.
chapter 192, -f. 2, weights and measures 49
212, s. 1, women, hours of labor 38
216, workmen's compensation 269, 270
.f. 16, compensation 160
new .s". 23-a, loss of property 136
s. 23, new XXI, compensation 33, 34
s. 27, compensation 160
218, s. 1 A, unemployment compensation 66
J. 2 B; benefits 68, 69
s. 2 D, benefits 66, 67
J. 3 C, certain women 67
s. 3 D, waiting period 67, 68
s. 6 C, employers accounts 256, 257
219, s. 4, veterans 275
new s. 6, registration 275, 276
new s. 7, definitions 275
new s. 8, penalty 275
new chapter 219-A, state veterans council 273, 274
222, s. 18, University of N. H 308, 337
s. 23, suspended 54
223, advisory board, agriculture 49
.y. 3, commissioner 48, 49
s. 5, agriculture 290
new chapter 224, seed law 59-64
229, J. 53, domestic animals 201
s. 57, suspended 202
230, s. 1, transportation 134
new J. 7, livestock 248
new J. 8, license 248
new s. 9, bill of sale 249
new J. 10, exception 249
new s. 11, penalty 249
233, forestry commission 49
s. 1, commission 209
234, s. 13, application 53
235, forest resources 362
239, tramway bonds 72
240, new s. 25-a, reciprocal agreements 20, 21
242, J. 1, elk protected 18
.y. 2, repealed 17
J. 3, suspended 276
J. 4, taking deer .' 183, 184
s. 7, wild deer 204
s. 17, hares and rabbits 70
244, J'. 6, taking beaver 75
.y. 7, publication of notice 75, 76
s. 10, prohibition 76
1943] Index 471
Revised Laws, amended, repealed, etc.
chapter 245, .?. 47, lobsters 100, 161
w. 63, 64, clams 170
246, s. 11, game refuges 225
new .$•. 12-a, Bear Brook area 225, 226
247, J. 4, payment of poll taxes 58
new s. 22-a, bait 178
new s. 22-b, rules 178
250, physicians 238, 243
252, chiropractic examiners 49
253, optometry board 186
255, veterinarian 203
261, mortgage foreclosure 90
262, new s. 32-a, liens 245, 246
new ^. 32-b, penalty 246
new chapter 262-A, factors liens 230-234
' 264, mortgages ^
s. 26, bonds, public works 262, 263
.y. 27, notice 263
new .$■. 27-a, petition 263, 264
266, .y. 4, water resources 213, 214
s. 7, contracts 214
J. 12, reservoirs 214
272, business corporations 239
289, .y^f. 7 to 18, reports 144
s. 27, railroad corporations 116, 117
.y. 28, public utility leases ^7
307, J. 1, bank commissioner 48, 49
310, ,v. 6, I to IV, banks 159
jr. 12, XIV, savings banks 235, 236
313, new s. 31-a, banks 161
s. 37, trust companies 158, 1^9
314, s. 22, building and loan association 12
.$-. 24, surplus 12
.yj. 33, 34, certificates 1-
J. 35, investment share certificates 12
321, s. 1, insurance commissioner 49
s. 7, insurance 290, 291
322, .r. 1, II, insurance companies 156, 157
323, new s. 55, insurance 149
new s. 56, definitions 149
325, new -f. 72, firemen's aid 246
new chapter 327-A, standard non-forfeiture law 122-127
J. 8, insurance 155
new chapter 327-B, life insurance policies 151-1 n.-i
328, insurance companies 242
330, s. 1, livestock 134
472 Index [1948
Revised Laws, amended, repealed, etc.
chapter . 333, s. 13, fraternal benefit societies 106, 107
J. 25, funds 107
.y. 80, solvent society 107
J. 125, limitation 107
334, hospital service 243
^. 3, II, hospital service 168
new ^. 12, reciprocity 168, 169
new chapter 334-A, medical service corporations 237-245
336, ^. 16, certifications 150
s. 17, changes 150
J. 21, certificates 150, 151
s. 23, sale securities 150
^. 24, new registration 151
337, s. 16, penalties 279
new s. 17, vital statistics 278
new J. 18, copies 278
new s. 19, fees 278, 279
new J. 20, agencies 279
new J". 21, disposal 279
335, s. 23, marriage certificate 57
s. 25, blood test reports 57
344, new s. 6-a, bonds 136, 137
s. 7, income 137
new .$■. 7-a, notice 137
s. 9, application 137
new .$•. 9-a, accounts 137
345, .?. 1, minors 174, 175
new ^. 1-a, investigation 175
s. 2, consent 175, 176
s. 3, notice 176
J. 4, waiting period 176
347, J. 22, probate office clerk hire 74, 75, 171
350, J. 1, testators 135
.y. 2, requirements 135
377, s. 15, municipal courts 285
379, s. 5, municipal officers 13
^. 10, probation 176, 177
380, ^\ 27, sheriffs 279, 280
J. 28, I, service of process 71
s. 28, II, attachments 71
new chapter 382-A, uniform acknowledgment law 138-142
383, new s. 5, power of attorney 234, 235
412, s. 21, II, trustee process 37, 38
429, s. 26, state prison sentences 118
^. .27, legal custody of prisoners 53
new ^. 40-a, prisoners 52
1943] Index 473
Revised Laws, amended, repealed, etc.
cliapter 440, s. 1, brawls 179
J. 2, derisive words 179
j-. 3, obscenity 179
j'. 6, indecent exposure 179
.$■. 14, drunkenness 179
new s. 17-a, common carriers 179
442, .$•. 15, disinterments 225
445, s. 8, transportation of livestock 134
448, J. 5, Sunday observance 56
Revised Laws, distribution of copies 146, 147
Rifles, use in taking deer 183, 184
Road toll, motor vehicle, see Motor vehicle road toll.
Rockingham county commissioners, temporary salary increase .... 257
(see also County commissioners).
probate office, clerk hire 74, 75, 171
Roucher, Joseph H., estate, in favor of 360
Ruml plan of taxation, memorial to Congress 358
Rumney, repair of certain highways 365
Rye Beach Village District, playgrounds 407
powers of 407
Salary, state employees, see State employees.
(see also Appropriations 1943-1944; 1944-1945).
Sale of securities, application for change in license certificate 150
termination of present licenses 151
terms of licenses, fiscal year 150, 151
Sanatorium, state, appropriation 4, 267, 313, 314, 343
care indigent tuberculous patients 74
improvements 267
Sanitation areas, emergency established 103
Savings banks, legal investments, insurance securities 235, 236
Saw mills, supervision, appropriation 304, 333
Scholarships for orphans of war veterans 41, 42
School, attendance, appeal to state board for transfer 211
districts, contracts for vocational education 133, 134
petition for discontinuance of high school 51
elections, non-partisan ballots 29-33
high, discontinuance 51
students, effect on voting qualification 264, 265
(see also Education).
Seal, acknowledgment of written instruments 141
state department of health 19
Seavey, Ralph F., and others, in favor of 369, 370
Secondary highway system, change in classification of certain roads 54
reconstruction 169, 170
winter maintenance 169
(see also Highways).
474 Index [1943
Secretary of state, department appropriation 306, 335
notice to other states of reciprocal fishing laws 21
publish study on field services of state agencies. 367, 368
Revised Laws, distribution 146, 147
salary increase 291, 296
secretary ballot-law commission 1
Securities, sale of, see Sale of securities.
Seeds, agricultural and vegetable, analyses 64
definition of terms 62, 63
duties, commissioner of agricul-
ture 63, 64
exemptions 62, 63
hearing before adoption of rules 63
illegal sales 62, 63
inspections 63
labeling 60-62
penalties 62, 64
publication of analyses 64
requirements for sale 60-62
stop orders to prohibit sale 63, 64
tests authorized 63
tolerances 63
unfit, seizure of 64
Selectmen, bounties 292
fire protection regulations 148
posting 148
fireworks, permits for public displays 89
housing authority commission, to appoint 188
issuance licenses for safety of public buildings 215-217, 221
record of invoice of property taxes 39, 40
tax collector, vacancy in office to fill 180
invoices 205
Service of process, sheriff fees 71
Session Laws, amended, repealed, etc.
1810, chapter 18, Hampton School 419, 420
1852, act of Dec. 29, Tilton 408
1878, chapter 163, new s. 2-a, Manchester elections 417
1887, chapter 220, Franklin & Tilton R. R 406
1889, chapter 202, s. 3, Wolfeboro 404
J. 4, borrowing money 405
206, Franklin & Tilton R. R 406
237, s. 5, Hillsboro Guaranty Savings Bank . . 416
1891, chapter 12, j. 10, Thompson trust fund 295
191, Wolfeboro 404
226, repealed 417
269, s. 4, Goflf stown 404
1895, chapter 183, s. 28, Portsmouth 420
1897, chapter 121, .y. 12, Berlin mayor 413
s. 14, city officials 412, 413
1943] Index 475
Session Laws, amended, repealed, etc.
1903, chapter 225, s. 1, Berlin maj-or 413
J. 3, officials 412
251, Wolfeboro 404
255, new .y. 4-a, Litttlcton Water Works 397, 398
1905, chapter 190, Wolfeboro 404
195, new s. 3-a, Rye Beach Village District ... 407
1909, chapter 241, .f. 5, Portsmouth 420, 421
303, .y. 8, St. Mary's Bank 406, 407
320, J. 1, Berlin 412
191 1, chapter 327, s. 1, Berlin 413
1913, chapter 294, s. 2, Milford Home 418
349, J. 1, Berlin 412
■ 1915, chapter 312, j. 1, Berlin 412
1917, chapter 320, s. 1, Berlin 412
352, J. 1, Manchester police force 436, 437
1919, chapter 279, s. 1, Manchester 418
1921, chapter 217, Hillsboro Guaranty Savings Bank 416
246, repealed 435
278, s. 1, Manchester 418
1925, chapter 337, repealed 423
1927, special session, chapter 1, highways 72
1929, chapter 41, highway 72, 87
1931, chapter 126, sinking funds 4, 278
156, prison industries 359
272, .y. 1, Portsmouth 409
1933, chapter 63, .y. 8, emergency notes 95
140, motor fuels 87
151, motor fuels ^7
160, destruction of records 17
305, St. Mary's Bank 406, 407
315, Portsmouth 420
328, Claremont and Newport 115
339, Portsmouth 411
new s. 1-a, Portsmouth 413
1935, chapter 39, emergency notes 95
94, Cornish bridge 145
112, repealed 210
286, Wolfeboro 404
304, s. 3, Concord police force 396
1936, chapter 1, highways 72, 87
4, ,y. 6 (6), interstate bridge authority 35
1937, chapter 1, emergency notes 95
1939, chapter 38, emergency notes 95
137, highways 72, 87
159, Bang's disease 202
191, s. 3, Long Island, Moultonboro 237
206, disability benefits 295
207, appropriation extended 33
476 Index [1943
Session Laws, amended, repealed, etc.
1939, chapter 214, Revised Laws 147
221, state hospital 212
285, VVolfeboro 404
1941, chapter 8, emergency notes 95
18, repealed 106
12, s. 2, Long Island, Aloultonboro 237
86, appropriation extended ZZ
87, appropriation extended ZZ
165, interim commission 272
177, disability benefits 295
181, capital budget 266, 269
190, Mt. Sunapee tramway 223
218, new s. 4-a, state employees 105, 106
new s. 6-a, definition of terms 106
new s. 6-b, non-military service 289
220, highways 72, 87
252, grade crossings 357
283, Portsmouth 420
290, Portsmouth 409
306, .?. 8, Lebanon 435
J. 9, commissioners 436
J. 12, Lebanon 435, 436
1943, chapter 15, health department 297
40, solicitors 184
63, probate otifices 171
80, municipal budgets 226
119, county commissioners 211, 288
150, county commissioners 288
170, state employees 290, 291, 296, 297
173, poll taxes 288
176, appropriation 290
charges against 320, 350
190, s. 3, appropriation 291, 292
195, county commissioners 288
254, Claremont 414
Sheep Breeders' Association, N. H., appropriation 301, 330
Sheriffs, fees for serving writs and attachments 71
Shore and beach preservation commission, term of office 49, 177
vacancies 49
Sinking funds, state, charges against 4, 278
Ski traffic, planning commission to confer with agencies 222
make study 222, 223
recommend legislation 222, 22Z
Smelt, fresh water, sale for bait, license required 178
regulations by director 178
Snow removal, class I and II highways 169
1943] Index 477
Soil erosion, interim committee to stud}' 368, 369
state agencies to furnish assistance 369
Soldiers and sailors, see Military service ; Veterans.
home, appropriation 311, 312, 341
purchase of supplies 28
Sports on Sunday 56
Squam lake, prohibition against house boats 57
Standard non-forfeiture law, life insurance, adjusted premiums . . . 125, 126
application of law .... 126
cash surrender values . 124
method of calculating
values 126
non-forfeiture benefits. 124
operative date 127
provisions required . . . 122-124
Standard valuation law for life insurance, deficiency reserves 155
insurance commissioner
powers 151-155
minimum standards .... 154, 155
reserves for policies .... 152, 154
valuation method 153, 154
State board of parole 53
bonds, aerial tramway 72, 73
bonus, war service 287, 288
bovine tuberculosis 201-203
capital improvements 267, 268
deficiency appropriations 212, 213
emergency war time appropriations 254
highway construction 72, 73
protection of 72, 73
refunding 265, 266
state hospital 212, 213, 266, 267
sanatarium 267
trust funds 293, 294
convention, political, parties holding 14, 15
presidential electors, certifying names . . 14, 15
council of defense, director, assistants 51
department officials, see State officials.
departments, field services, interim committee to study 367, 368
employees, classification plan, administration 207, 208
establishment 206
governor and council 206
limitation on salary increases . . 207
modifications 207
no salary reduction 207
persons affected 206
repeal of statutes 208
478 Index [1943
State employees, classification plan, state employees association, con-
sultation with 206
what to include 207
ordered into non-military service 289
reinstatement after war service 105, 106, 289
retirement plan, interim committee 272
salaries, temporary for war period 247, 290, 291, 297
appropriation . . 327, 357
under classification plan 207, 208
veterans preferences 275, 276
field services, committee to study 367, 368
funds, bond issues, see State bonds.
general, rehabilitation 4, 277, 278
sinking, see Sinking funds, state.
guard, appropriation 300, 330
highways, lines, poles, cables in 171-174
hospital, appropriations 266, 310, 311, 340, 341
deficiency 212, 213
improvements 266
trust funds 292-294
trustees to act as commission on mental health 162
house annex sinking fund, appropriation 323, 353
appropriation 4, 306, 335
wildlife exhibit 359
{see also Buildings and grounds, state).
institutions, purchases regulated 27
{see also under names of institutions),
library commission, see Library commission, state.
officials, holding beyond state term 49
reinstatement in state service 105
terms of office 48-50
vacancy in office, defined 48
filling 48
(see also under names of state officials).
police, department appropriation 322, 2>2i, 352
enforcement of motor vehicle road toll law 86, 87
{see also Law enforcement).
superintendent, term of office 49
vacancy 49
prison, see Prison, state.
probation department, see Probation.
publicity, appropriation 320, 350
sanatorium, see Sanatorium, state,
school, Laconia, see Laconia state school,
sinking funds, see Sinking funds, state.
tax commission, see Tax commission, state,
treasurer, see Treasurer, state.
trust funds, administration 294, 295
bond issue for rehabilitation 293, 294
custody 295
interim commission to study 365, 366
1943] Index 479
State trust funds, investment, legal 294
separation of accounts 294, 295
veterans council, see Veterans council.
virarehouse, appropriation 267
working capital 28
Statutes, construction of, appointment of state officials 48
(see also Laws).
St. Mary's Bank, officials, powers and duties 406, 407
Stock in trade, assessment of, in time of war 110
Stoneleigh College, conferring of degrees 400
Strafford county commissioners, expenses 166
(see •also County commissioners).
solicitor 184, 185
Stream flow gauging, appropriation 315, 355
Sullivan county commissioners, salary 211, 212
(see also County commissioners).
probate office clerk hire 171
Summer brook, Ossipee, appropriation for fish rearing station 248
Sunday laws, time for opening motion pictures 56
retail business and sports 56
sale of alcoholic beverages prohibited . 283
Superior court, appropriation 299, 300, 329
complaints, checklists 16, 17
jurisdiction, claims against bonds on public works . . 263, 264
high school discontinuance 51
inspectors of public buildings, appeals . . 222
trustees in military service 283
petition to, holding special town meetings 47
Supervisors of checklist, see Elections.
Supreme court, appropriation 299, 328
control of rooms in state library 130
Suspension of law in emergency 93
Swearing, prohibited in public conveyances 179
Tax assessment, stock in trade 110
wood and timber separate from land 205, 206
collection, definition of word "day" 183
collectors, appointment of successor 180
audits of accounts 179, 180
bonds ISO
liability after term of office 180, 181
notice of tax sale 39, 40, 181-183
remainder of taxes 180
removal from office 179, 180
vacancy in office 179-181
warrants for unpaid taxes 180
commission, state, audit of county capital reserve 229
bond, county treasurer, as custodian reserve 228
480 Index [1943
Tax commission, state, chairman, member commission study wood
and timber 362
collector's bond, approval 180
department appropriation 321, 322, 351, 352
village district, approval emergency appro-
priations 112
delinquent property, day defined 183
duties tax collector 39, 40, 181-183
notice of sale 39, 40, 181-183
redemption 65, 66, 183
reports to register of deeds 182
(see also Tax, real estate) .
estate, see Estate taxes.
exemptions, housing authorities 198
poll 249, 250, 288
real estate 251
growing wood and timber, assessments 205, 206
commission to study 361, 362
invoice, selectmen's 39
poll, see Poll taxes.
public, apportionment 5-11
real estate, exemption 251
interest on unpaid 65
sale for delinquent 39, 40, 65, 66, 181, 182
redemption 65, 66, 183
registry office, reports to 40, 182, 183
wood and timber separated from land 205, 206
Taxation, federal, pay-as-you-go plan 358
recording annual invoice 39, 40
Taxicabs, town licenses 208
protection of passengers riding therein 208, 209
word defined 209
Teachers colleges, appropriation 316, 345
Institute Trust Fund, rehabilitation 292, 293, 294
retirement board, appropriation 323, 353, 361
term of office 49
Portsmouth schools 409, 410
systems, allowances for resignation or dismissal 277
Telegraph companies, lines in highways, highway com m i s si o n e r
jurisdiction 172
maintenance, license for .. 173
mayor and council, juris-
diction 172
permits 172-174
petitions 172
procedure for installing . . 171-174
record of location 174
return of location 174
selectmen, jurisdiction .... 172
1943] Index 481
Thayer, F. Earl, in favor of 359, 360
Thompson, Benjamin, trust fund for University, investment 294, 295
trustees to be con-
sulted 294
Tilton School, formerly N. H. Conference Seminary, power to confer
degrees 408
Tobacco tax, appropriation 322, 351
Toll bridge, Cornish, freed 145
maintenance by state 14d
Hampton Harbor, extension of appropriation for 23
interstate, see Alaine-New Hampshire,
motor vehicle road, see Motor vehicle road toll law.
Town appropriations, capital reserve funds 227, 228
limitation 227
civilian defense 144
entertainment inductees 40, 41
reduced 46, 47
special meetings 46, 47
bonds or notes, emergency, see Emergency.
by-laws, clams 1 70
movies 56
sports 56
taxicabs 208, 209
capital reserve funds, see Capital reserves.
clerk, assistant, appointment of 36
bounty, payments 292
conditional sales mortgage discharge 245, 2-16
duties under non-partisan ballot system 29-32
factors liens, discharge 232
fees for recording 231
report as to public libraries 132, 133
veterans, registration for employment 275
vital statistics, certified copies 278
fees 27^, 279
compensation treasurer trustees trust funds 96
elections Australian ballot system 32
legalized, Effingham 403
Grafton 400
. Greenfield 399
Marlow 398, 399
New Durham 398
Wakefield 399
Warner 397
Wilton 397
non-partisan ballot system 29-33
(see also Elections).
ofificers, assistant 36
voting machines 142, 143
fiscal vcar 204
482 Index [1943
Town highways, discontinuance, procedure 94
Hnes of poles, cables, etc. in 171-174
right of access 94, 95
(sec also Highways).
library trustees, duties 131, 132
local health officers, see Health.
meetings, legalized, Claremont 434
Cornish 419
Hill 421
special, limitations 46, 47
(see <also Town elections).
removal of administrative offices, war time 104
reports, filing 131, 132
selectmen, see Selectmen.
supervisors, see Elections, supervisors.
tax collectors, see Tax collectors.
trustees, trust funds, custody capital reserves 228
election by ballot 95, 96
organization 96
salary 96
term of office 96
treasurer 96
vacancies 96
(see also Municipal ; Municipality) .
Toy firearms, exceptions under law of fireworks 88, 89
pistols, exemptions as to sale 88
Tramway, aerial, commission, appropriation 327, 356
loans to special account for protection bonds 72, 73
Mt. Sunapee, appropriation 223
Travel bureau, comptrollers' department appropriation 303, 332
established 109
Treasurer, state, bonus payments 286
custodian trust funds 294
department appropriation 307, 308, 336, 337
salary 296
special poll tax collections, care 286
transfer of records and personnel, road toll admin-
istration 87
working capital 28
Troubadour N. H., to be sent to service men 363
Trust companies, loans 158, 159
limitations 158, 159
pledge of assets 161
removal of limitation on U. S. secured obligations 158, 159
funds, trustees of, municipal, city ordinances 96
compensation 95, 96
election 95, 96
organization 96
1943] Index 483
Trust funds, trustees of, municipal, term of office 96
vacancies 96
Trustee process, exemptions ^T , 38
Trustees, in military service, appointment of trustees pro tem 281, 282
town librarj', powers and duties 131, 132
trust funds, see Trust funds. Trustees of ; Town trustees.
Jafifrey, administration of Poole legacy to
town 402
{see also Fiduciaries).
Trusts, public, register of, appropriation 262
attorney general to establish 259
clerks 262
federal aid 262
fees for documents 261, 262
hearings 260
investigations 260
open to inspection 259, 260
penalties 260
probate register, duties 261
reports 261
testimonial privilege 261
words defined 259
state, see State trust funds.
Tuberculous persons, aid to, appropriation 318, 347, 348
transfer of accounts to health depart-
ment 74
Tuition, pupils attending approved schools ., 211
Tweedy, Lucy W., in favor of 360
Unemployment compensation, amount of benefits 68, 69
base period defined 66
employers accounts, credits 256, 257
military service, employment after ... 66, 67
pregnant women 67
waiting period 67, 68
Uniform acknowledgment law, authentication 140, 141
execution of certificates 140
form of certificates 139, 140
justice of the peace 138, 139
married women 139
notary public 138, 139
optional provisions 138
persons in armed forces 141, 142
requisites 139
uniformity of interpretation 142
within and without the state 138
Union School District in Concord, pensions, amount 422
computation of service 422
484 Index [1943
Union School District in Concord, pensions, funds 422, 423
incapacity 422
limitation on term .... 422
powers of board of
education 423
what persons affected. 422, 423
United Nations of the World, memorial to Congress 364
States veterans administration, sec Veterans, incompetent.
University of New Hampshire, Benjamin Thompson trust fund . . . 294, 295
nonresident students 54
purchase of supplies 28
state appropriation 308, 237
Utility companies, locating poles, wires or conduits in highways . . . 171-174
water works, see Municipal water works.
Vautour, Roland, in favor of 358, 359
Vegetables seeds, see Seeds.
Veterans Association, New Hampshire, grant 303, 332
council, state, compensation 274
duties 274-276
governor and council to appoint 274
membership 274
service officer 274
term of office 274
transfer of appropriation 291, 292
vacancy 274
defined 249, 250
disabled, service exemption on real estate taxes 251
guardians of, see Veterans, incompetent.
incompetent, guardians of, application of income 137
bonds 137
notice to veterans administra-
tion 137
settlement of accounts 137
United States administration,
powers 136, 137
indigent, burial expenses, accounts forwarded 146
appropriation 319, 348
certifications to board of welfare 145
mayor, application by 145
organizations, veterans, powers . 145
selectmen, application by 145
preferences, employment 275, 276
registration for employment 275
state employees, reinstatement in positions, see State em-
ployees.
tax exemptions 249-251, 288
totally disabled, tax exemption 251
1943] Index 485
Veterans, World War I, orphans, scholarships 41, 42
word defined 249, 250
(see also Alilitary service).
Veterinarian, dogs, cropping ears 203
Veterinary' examiners, appropriation 323, 353
reinstatement of licenses to persons after war
service 35
Village districts, annual meetings, date 121, 122
appropriations 121, 227, 228
budgets 112
capital reserves 227-230
commissioners, powers and duties 112
elections, non-partisan ballot 29-33
emcrgenc}- expenditures 112
fiscal year 204
limitation on appropriations 112
special meetings, powers 121
trustees trust funds, custodian capital reserves .... 228
Vital statistics, adoption reports, forms 176
copies of records 278, 279
delayed certificates of birth 278
department appropriation 317, 346
fees for copies 278, 279
penalties for illegal acts 279
registrar, state, duties 278, 279
prosecute violations 279
rules and regulations to make 278, 279
state health officer to be registrar 20
Vocational education, administration by board of education 133, 134
approval of training centers 133
contracts between state board and school dis-
trict 133
nonresident students 133, 134
provisions of federal acts, application 133
rehabilitation, appropriation 315, 345
Voters, (lualifications, see Elections.
Voting machines for elections 142, 143
Wage standards, see Minimum wage.
Wages, exemption from trustee process 37, 38
Wakefield, election legalized 399
W'ar emergency legislation, assessment, stock in trade 110
chauffeur licenses 21, 22
child care centers 22. 23
fish and game licenses 258, 259
flight strip highways 157. 158
housing for war workers 186-201
local war housing centers 167
486 Index [1943
War emergency legislation, mortgage moratorium 90-94
poll tax exemption 249, 250, 288
recreational businesses 366
reinstatement licenses, professional ... 34, 35
state employees 105, 106, 289
salary increase, state employees 247
state aid for highways, suspended 168
appropriations for departments . 253, 254
town appropriation for civilian defense 144
inductees 40, 41
waiver of rights to compensation by
employees in industry 269, 270
War powers act, acceptance of federal aid and supplies 103
air raid protection 100
blackouts 100
construction of act 104
cooperation with state and federal authorities ... 97
damages for taking property 99
defense areas, establishment 102
effect of rules and regulations 104
effective date of act 105
enforcement of regulations 100
evacuations 103
exemption from liability for damages 100
federal aid, acceptance 103
fire inspections 101
firemen, powers in other towns 100, 101
safety regulations 100, 101
health and sanitation areas 103
inoperation of other laws 104, 105
laws, suspension of 91
penalties 104
police, power in other towns 100, 101
power of governor to suspend statutes 97
take property 98-100
private buildings, use in evacuations 103
public highways and streets 101, 102
removal of administrative offices of government 104
report to legislature of action under act 97
rules and regulations, power to make 98
statement of policy 96, 97
surveys regarding necessities of life 97,98
taking of private property, compensation and use 98-100
termination of act 105
title of act 96
traffic regulations 102
use of property taken 99, 100
witnesses, attendance 98
1943] Index 487
War service, bonus for, see Bonus.
(see also Military service).
Warner, election legalized ^97
Warren, appropriation for repair of highways 365
Water control commission, appropriation 315, 355
departments, capital reserves established 227-229
resources board, department appropriation 314, 344
projects for reservoirs 214
terms of office 213, 214
supply, damage by beavers, remedy 75, 76
investigation by health department 165
works, small municipal, reports 144
Waters boundary between states, arrests for fishing violations 20, 21
Webster, Daniel, birthplace, appropriation 306, 336
Weights and measures, commissioner, vacancy in office 48, 49
department appropriation 308, 337
Welfare, public, see Public welfare.
Wentworth, appropriation for repair of highways 365
Whitefield grade crossings, sec^ Grade crossings.
refunding bonds 403
Wildlife exhibit in state house ^^9
Wills, execution of -^30
minors may make 135
trustees under ^'^'■
Wilton, election legalized 397
Windham, change of classification of roads ^4
Winter maintenance of class I and II highways 169
Witnesses mortgage moratorium, attendance at proceedings for
poor persons "3
war powers act "8
Wolfeboro water and sewer system, borrowing power 405
commissioners, duties 404, 405
election 405
tolls for use of system 40o
union of systems 404, 40:)
Women acknowledgments by 139
firemen, entitled to benefits 246
hours of labor 3o
exceptions
38
unemployment compensation benefits 67
war services bonus benefits 2<S.^, 286
disability exemptions 249, 2d0
employment preferences 275
poll tax exemptions 2^0
reinstatement in state service 106
Wood and timber assessment, see Assessment.
growing, interim commission to study 361, 362
waste utilization, appropriation ^20, 3M
488 Index [1943
Words defined, armed forces 275 285 286
boarding houses for children 21
day, in tax laws 183
factor 234
fiduciary 281
in military service 281
firemen 246
highway 70, 11, 169
housing authority 187
licensee, under reinstatement of certain licenses . . 35
merchandise 234
military or naval service 106, 250
trustee in 281
motor vehicle road toll law 76-78
nonresident, motor vehicle laws 273
public trust 259
seeds, agricultural 59
vegetable 59
taxicabs 209
transacting business of insurance 149
vacancy in state oftice 48
veteran 249, 250
weed seeds 59, 60
Working capital, state 28
Workmen's compensation, limit of weekly payments 160
loss of personal property 136
medical service corporation law not to
aflect 244, 245
permanent partial disability benefits .... 33, 34
remedial care, interim commission to
study 298
waiver of right in seeking employment
during war emergency 269, 270
Writs, service of, fees 71
trustee, exemption il , 38
Written instruments, acknowledgment 138-142
Zoning, housing authorities 193
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