(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

€ih 



rart. «xf 




Hgricnthiri?, 



liibsralHrts 



M^crhnalongg 






LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1945 

LEGISLATURE CONVENED JANUARY 3, 
ADJOURNED MAY 18 




CONCORD, N. H. 
1945 






Printed by 

The Granite State Press 

Manchester, N. H. 



Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor Charles M. Dale 

James C. MacLeod 
Joshua Studley 

Councilors |> Peter R. Poirier 

Thomas J. Leonard 
J George Albert Wooster 

Adjutant General Charles F. Bowen 

Aerial Tramtvay Commission, N. H. 

Managing Director Roland E. Peabody 

Aeronautics Commission, N. H. 

Director W. Russell Hilliard 

Agriculture, Commissioner of Andrew L. Felker 

I Cleon E. Bartlett 

Athletic Commission, State >- Carlton C. Buckman 

J Ruel N. Colby 

Attorney General Frank R. Kenison 

Acting Attorney General Harold K. Davison 

Assistant Attorney General Ernest R. D'Amours 

Bank Commissioner Clyde M. Davis 

~^ George W. Boynton 

Cancer Commission, State KR?lph^E^Miller^ M. D. 

J George C. Wilkins, M.D. 
Comptroller Arthur E. Bean 

Assistant Comptroller -. . . . Clark R. Hartford 

Education, State Board 

Commissioner of James N. Pringle 

Deputy Commissioner Walter M. May 

Director of Trade Schools John E. Grastorf 

Employees' Retirement System, State 

Secretary Robert Jewell 

Fish a7id Game Department 

Director Ralph G. Carpenter, 2nd 

Forestry and Recreation Department 

State Forester John H. Foster 

Director of Recreation Russell B. Tobey 

Health Depart7nent, State 

State Health Officer Alfred L. Frechette, M.D. 

Acting Deputy Mary M. Atchison, M.D. 

Registrar of Vital Statistics Marion G. Maloon 

Highway Commissioner Frederic E. Everett 

Assistant Commissioner J. Harold Johnson 



iv State Officers 

Insurance Commissioner Donald Knowlton 

Deputy Simon M. Sheldon 

Labor Commissioner William H. Riley 

Unemployment Compensation 
Division 

Director Edward J. Haseltine 

Administrator William C. Chamberlin 

Employment Service, State 

Director Abby L. Wilder 

IAmos N. Blandin, Jr. 
Ottis E. Mercer 
Curtis H. Page 
Addie E. Towne 
Mabel B. Wyeth 

State Librarian Mildred Peterson McKay 

Assistant Librarian Catharine Pratt 

} William A. Jackson 
Leo L. Osborne 
Ray E. Tarbox 

Motor Vehicle Commissioner Virgil D. White 

Deputy Commissioner Charles H. Magown 

Director of Safety Malcolm L. Wilkins 

Road Toll Administrator Frederick W. Clarke 

Planning and Development, State 

Publicity Director Donald D. Tuttle 

Executive Director Thorsten Kalijarvi 

Police, State 

Superintendent Ralph W. Caswell 

Probation, Board of 

Director Richard T. Smith 

Acting Director Francis C. Reagan 

] Edgar H. Hunter 

Public Service Commission ^Claude H. Swain 

J Edward R. Thornton 

Public ^V elf are 

Commissioner of Elmer V. Andrews 

Purchasing Agent Harold Cheney 

] Charles A. Allen 

Racing Commission, State ^George W. Conway 

J Emmet J. Kelley 

Secretary of State '. Enoch D. Fuller 

Deputy Harry E. Jackson 

Acting Deputy Mary M. Jenkins 

State Buildings and Grounds 
Superintendent Charles W. Howard 



State Officers 

"I Louis C. Chesley 

Tax Commission, State >- George H. Duncan 

J John R. Spring 

Treasurer, State F. Gordon Kimball 

Deputy Ann N. Durepo 

1 John D, Cantin 

Veterans' Council, State > Leonard C. Hardwick 

J Raymond C. Hildreth 

State Veterans' Officer Harold E. Trombley 

Water Resources Board 

Chairman John Jacobson, Jr. 

Acting Chairman Walter G. White 

Weights and Measures 
Commissioner of John J. Henson 



SUPREME COURT 

Chief Justice Thomas L. Marble 

^ Oliver W. Branch 

Associate Justices I Henri A. Burque 

Associate justices r Francis W. Johnston 

J Elwin L. Page 



SUPERIOR COURT 

Chief Justice Amos N. Blandin, Jr. 

I Laurence L Duncan 

Associate Justices U^^^ g- goodnow 

[John E. Tobm 

J Stephen M. Wheeler 



THE LEGISLATURE OF 1945 



SENATE 



President — Donald G. Matson, Concord, r. 

Clerk — Benjamin F. Greer, Grasmere, r. 

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

Sergeant-at-Arms — Raymond B. Lakeman, Laconia, r. 

Messenger — Donald W. Moore, Alstead, r. 

Assistant Messenger — Clarence Bartlett, Epsom, r. 

Doorkeeper — Frank D. Gay, Hillsborough, r. 

Telephone Messenger^]. Russell Bickford, Northwood, r. 



SENATORS 



Emmet J. Kelley, Berlin, d. 
Curtis C. Cummings, Colebrook, r. 
Harold E. Haley, Holderness, r. and d. 
Scott C. W. Simpson, Bartlett, r. and d. 
Earl S. Hewitt, Enfield, r. 
Lewis H. Wilkinson, Laconia, d. 
Henry J. Proulx, Franklin, d. 
Henry S. Richardson*, Claremont, r. 
Donald G. Matson, Concord, r. 
Harold O. Pierce, Walpole, r. 
Charles M. Mills, Jaffrey, r. and d. 
Erwin E. Cummings, Lyndeborough, r. 



Aldege A. Noel, Nashua, d. and r. 
Robert Matheson, Goffstown, r. 
Stewart Nelson, Concord, r. 
Wilmot G. Merrill, Manchester, d. 
Marye Walsh Canon, Manchester, d. 
C. Edward Bourassa, Manchester, d. 
Origene E. Lesmerises, Manchester, d. 
Edmond J. Alarcoux, Rochester, d. 
J. Guy Smart, Durham, r. and d. 
Augustus F. Butman, Derry, r. and d. 
Bjron E. Redman, Hampton, r. 
Rae S. Laraba, Portsmouth, r. 



HOUSE OF REPRESENTATIVES 

Speaker — Norris Cotton, Lebanon, r. 

Clerk- — Cyril J. Fretwell, Concord, r. 

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

Sergcant-at-Arms — Clarence A. Dubois, Concord, r. 

Chaplain — Bernard N. Lovgren, Concord, r. 

Custodian of Mail and Supplies— Herbert M. Thyng, Barnstead, r. 

Doorkeeper — Lenne C. Twombley, Hill, r. 

Doorkeeper — Sherman L. Greer, Manchester, r. 

Doorkeeper — Joseph J. Comi, Concord, r. 

Doorkeeper — Annette M. Leclerc, Berlin, r. 



Died 



The Legislature of 1945 



Vll 



ROCKINGHAM COUNTY 



Aicbuni, George E. Spofford, d. 
Brentzvood, Alargery W. Graves, r. 
Candia, Harold E. Walker, r. 
Chester, Edwin P. Jones, r. 
Deer field, Carl AI. Fogg, d. 
Derry, William B. Gushing, r. 
Harold W. Corson, r. 
Harry E. Clark, r. 
Fred L. George, r. 
Epping, Thomas W. Fecteau, d. 
Exeter, Helen D. Bourn, r. 

Paul A. Bretschneider, r. 
Charles B. Osgood, r. 
Maude B. Richards, r. 
Fremont, Moses H. Sanborn, r. 
Greenland, Arthur J. Sewall, r. 
Hampstcad, Doris M. Spollett, r. and d. 
Hampton, Raymond L. Coding, r. and d. 

Dean B. Merrill, r. and d. 
Kingston, Warren S. Keay, r. 
Londonderry, Draper W. Parmenter, r. 
Nezumarkef, Arthur A. Labranche, d. 

F. Albert Sewall, d. 
Neivton, William K. Davis, r. and d. 



North Hampton, Paul W. Hobbs, r. 
Northzvood, Robert A. Johnson, r. and d. 
Plaistow, Frank J. Gifford, r. 
Porthmoulh, 

Ward 1, Andrew J. Barrett, d. 
Mary C. Dondero, d. 
Patrick J. Kittredge, d. 
Ward 2, Harry H. Foote, r. 

Remick H. Laighton, r. 
John H. Yeaton, r. 
Ward 3, John Leary, Jr., d. 

James T. Whitman, d. 
Ward 4, Frederick Schlegel, r. 
Ward 5, John F. Gallagher, d. 
Raymond, Lewis W. Holmes, r. 
Rye, Ernest A. Tucker, r. and d. 
Salem, Walter F. Haigh, r. 

Leonard B. Peever, r. 
Sandozvn, Henry E. Rand, r. 
Seabrook, Ernest L. Crandall, Sr., r. 
South Hampton, Edith L. Brown, r. 
Stratham, W. Douglas Scamman, r. 
Windliam, Myron C. Wheeler, r. and d. 



STRAFFORD COUNTY 



Barrington, Ralph J. Boodey, d. and r. 
Dover, 

■ Ward 1, Hubert C. Stanley, d. 
John F. Hartnett, d. 
Ward 2, Albert Courchene, d. 
James M. Jackson, d. 
Joseph Marcotte, Jr., d. 
Ward 2, Ray Kennard, r. 

Levi F. Felker, r. 
Ward 4, Edwin L. Corson, r. 
George I. Leighton, r. 
William M. Stearns, r. 
Ward 5, Edward L. Cassily, d. 
Durham, Oren V. Henderson, r. 
Farmington, Ned L. Parker, r. 

Frank E. Webster, r. 
Madbury, Leeman B. Wormhood, r. 
Milton, John E. Home, r. 



Rochester, 

Ward 1, Ernest L. Rolfe, r. 

IJ'ard 2, Margaret E. Dustin, d. 
Miles H. Dustin, d. 

Jl'ard 3, J. Ernest Richey, d. 

IJ'ard 4, George J. Potvin, d. 
Aurelle Beaudoin*, d. 

Ward 5, Herbert D. Corson, r. 

Ward 6, Llewellyn F. Fernald, r. 
Charles F. Leach, r. 
Rollinsford, Aliles E. AIcLaskey, r. and d. 
Somerszvorth, 

JJ''ard 1, Oscar Lemay, d. 

Ward 2, Napoleon A. Habel, d. 

lizard 3, Fred J. Lauzon, d. 

IVard 4, Albert J. Nadeau, d. 

Ward 5, Fred J. Comn, d. 
Strafford, Ellsworth H. Berry, r. 



* Died 



Vlll 



The Legislature of 1945 



BELKNAP COUNTY 



Alton, Oliver R. Shattuck, r. 
Barnstead, Joseph H. Cotton, r. 
Belmont, Samuel P. Philbrick, r. 
Center Harbor, Clarence E. Nichols, 

r. and d. 
Gilford, Arthur H. Lord, r. and d. 
Gilmanton, Richard F. Varney, r. and d. 
Laconia, 

Ward 1, Walter G. Stafford, r. and d. 
Ward 2, Fortunat A. Normandinf, 

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



Ward 3, Elmer S. Tilton, r. and d. 
Ward 4, Elwin A. Dojde, r. 

Frank B. Shannon, r. 
Ward 5, Forrest A. Bucklin, r. and d. 

Truman S. French, d. 
Ward 6, John M. Ewing, r. and d. 
Charles O. Hopkins, r. 
Meredith, Guy U. Home, r. 
J. Frank Neal, r. 
Nczv Hampton, Archibald H. Matthews, r. 
Sanhornton, Marion H. Atwood, r. and d. 
Tilton, Ned C. Rogers, d. 



CARROLL COUNTY 



Bartlett, Fred J. Perkins, r. 
Conway, George W. Russell, r. 

Leslie C. Hill, r. 

Perley W. Mudgett, r. 
Ejflngham, Richard Dearborn, r. 
Freedom, Ralph S. MacGown, r. 
Jackson, Winifred G. Wild, r. and d. 
Madison, Guy W. Nickerson, r. 
Moultonhorough, Edith D. Banfield, 

r. and d. 



Ossipce, Harry P. Smart, r. 
Sandwich, Perley C. Knox, r. 
Tainzvorth, Earle H. Remick, r. 
Tuftonboro, Carl D. Hayes, r. 
JVakcficId, Ansel N. Sanborn, r. 
Wolfehoro, Harold H. Hart, r. 

Clayton M. Wallace, r. 



MERRIMACK COUNTY 



AUenstozvn, Alphonse Couture, d. 
Andover, Victor E. Phelps, d. 
Boscawen, Harold L. Holmes, r. 
Boiv, Carrol W. Flanders, r. and d. 
Bradford, Reuben S. Moore, r. and d. 
Canterbury, Sterling A. Hirtle, r. 
Chichester, Leon A. Sanborn, r. 
Concord, 

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

James P. Ferrin, d. and r. 
Ward 2, Ralph W. Jones, r. 
Ward 2, Elmer M. Anderson, r. and d. 
Ward 4, Charles H. Cheney, r. 
Sara E. Otis, r. 
Leon C. Stewartson, r. 
Ward 5, J. Benton Caldon, r. 
George H. Nash, r. 
Ward 6, George H. Corbett, r. 

Lawrence J. Moynihan, r. 
Donald W. Saltmarsh, 

r. and d. 



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

r. and d. 
John E. Bunten, r. and d. 
Clarence O. Emerson, r. 
Ward 8, Harold W. Ford, r. 
Ward 9, Emmett A. Nawn, r. 
John Swcnson, r. 
Danbury, Roy K. Sargent, r. 
Epsom, Laura Y. Bickford, r. and d. 
Franklin, 

Ward 1, Malcolm W. Conant, r. 
Ward 2, Eusebe P. Lemire, d. 

Frederick G. Aloody, d. 
Ward 2, Frederick J. Condon, d. 
Louis H. Douphinett, d. 
Henniker, Lester E. Connor, r. 
Hooksctt, Edward M. DuDevoir, d. 
Rene H. Dufort, r. and d. 
Hopkinton, Lewis A. Nelson, r. 



t Resigned 



The Legislature of 1945 



IX 



Merrimack County — Continued. 
Loudon, Forrest B. Kenney, r. 
Nezv 'London, Stanley A. Spiller, 



r. and d. 



Norihfield, Albert A. Carr, r. 
Pembroke, George Chickering, d. 
Romeo Plourde, d. 



Pitts field, John H. Perkins, d. 

Richard J. Stilson, d. and r. 
Salisbury, Fred W. Holmes, r. 
Sutton, Benjamin H. Yerxa, r, and d. 
JVarner, John P. H. Chandler, Jr., r. 
Webster, Adam E. Alock, r. and d. 



HILLSBOROUGH COUNTY 



Amherst, Theodore E. Boardman, r. 
Antrim, William H. Hurlin, r. and d. 
Bedford, Ralph j\L Wiggin, r. 
Bennington, George E. Edwards, r. 
Brookline, Grover C. Farwell, d. 
Deering, Arthur O. Ellsworth, d. 
Francestoivn, Ernest L. Johnson, r. 
Goffstown, Sumner E. Boutelle, r. 
Austin H. Reed, r. 
Nathan A. Tirrell, r. 
Greenfield, Hobart AL Adams, r. 
Greenville, Bernadette E. Charois, 

d. and r. 
Hancock, William Weston, r. anj d. 
Hillsborough, George W. Boyntou, 

r. and d. 
Robert G. Bruce, r. and d 
Hollis, Helen Worcester Bell, r. and d. 
LIudson, Ned Spaulding, r. and d. 

Charles A. Daniels, r. 
Litchfield, John A. Reid, r. 
Manchester, 

Ward 1, Harry W. Bergholtz, r. 
Chester W. Jenks, r. 
J. Walker Wiggin, r. 
Ward 2, Perley W. Gage, r. 

William J. Gautliier, r. 
Victor C. Johnson, r. 
Charles V. Kimball, r. 
Ward 3, Louis L Martel, d. 

Lawrence C. Thornton, d. 
Walter J. Duda, d. 
Walter B. Connor, d. 
Ward 4, Dominick J. Kean, d. 

Thomas J. ATcGowan, d. 
Patrick J. Sullivan, d. 
Ward 5, James P. Barry, Jr., d. 
Patrick J. Crcighton, d. 
George E. Houle, d. 
Martin L. Mahoney, d. 
John C. O'Brien, d. 



John F. Shea, d. 
Ward 6, Denis F. Casey, d. 

Edward J. Cavanaugh, d. 

Edward D. Clancy, d. 

Peter E. Harlan, Sr., 

d. and r. 

Daniel J. Healy, d. 

Alichael J. Thornton, d. 
Ward 7 , Joseph C. Gaumont, d. 

Mark J. Gorham, d. 

James J. Hogan, Jr., d. 

Charles J. Leclerc, d. 

John P. Tessier, d. 
Ward 8, George N. Constant, d. 

Eugene H. Delisle, Sr., d. 

Edward P. Leclerc, d. 

Alpha J. Letendre, d. 
JVard 9, Patrick J. Egan, d. 

Michael J. Fahey, d. 
JVard 10, Albert G. Charron, d. 

Oscar E. Getz, Sr., d. 

Medora Gilmartin, d. 
Ward 11, William H. Clear, d. 

Patrick J. Kennej', d. 

Joseph J. Roukey, d. 
Ward 12, Raoul J. Lalumiere, d. 

George A. Hebert, d. 

George E. Laflamme; d. 

Jack Bourbeau, d. 
Ward 13, Rolland Chapdelaine, d. 

Paul H. Daniel, d. 

Eugene J. Gclinas, d. 

Arthur E. Thibodeau, d. 
JFard 14, Miciiael J. Cannon, d. and r. 

Michael S. Donnelly, 

d. and r. 

William J. Ronan, d. and r. 
Merrimack, Edward W. Carter, r. 
Milford, William M. Falconer, r. 
George F. Jewett, r. 
Fred T. Wadleigh, r. 



The Legislature of 1945 



Hillsborough County — Continued. 
Mont Vernon, Arvid G. Erlando, Ind. 
NasJma, 

Ward 1, Blaylock Atherton, r. 

Mabel Thompson Cooper, r. 

Alice L. Ramsdell, r. 
Ward 2, Francis LaFlamme, d. 

J. Leonard Sweeney, d. 
Ward 3, Agenor Belcourt, d. 

Wilbur D. Maynard, d. 
Ward 4, Arthur J. Garrity, d. 

George D. Spalding, d. 
JVard 5, Delphis E. Chasse, d. 

Emile E. Marquis, d. 

Albert Maynard, d. 
Ward 6, Louis W. Paquette, d. and r. 

Albert D. Richard, d. and r. 

Peter Sweeney, d. and r. 

CHESHIRE 

Alstead, Guy S. Neal, r. 
Chesterfield, Walter J. Post, r. and d. 
Dublin, Charles R. Thomas, r. 
Fitzzvilliam^ George F. Miller, r. and d. 
Hinsdale, Abbie H. Robertson, r. 
Jaffrey, George H. Duncan, d. 
Philip C. Tremblay, d. 
Keene, 

Ward 1, Ben O. Aldrich, r. and d. 
Richard B. Donovan, d. 
E. James Winslow, r. and d. 
Ward 2, Wilfred L. Duchesneau, r. 

Verne C. Swan, r. 
Ward 3, Frank J. Bennett, r. 
James C. Hilton, r. 



Jl'ard 7, Alfred Betters, d. 

Daniel J. Hagerty, d. 
William J. Lavoie, d. 
Ward 8, Thomas A. Chamberland, 

d. and r. 
Alfred P. Grandmaison, d. 
Honore D. LeBlanc, d. 
Leonard G. Velishka, d. 
U'aj'd 9, David Dion, d. 

Raymond E. Girouard, d. 
New Boston, Albert E. Shedd, r. 
New Ipszvich, William T. Thompson, r. 
Pelham, Ernest Q. Bigelow, r. and d. 
Peterborough, William H. Caldwell, r. 
George A. Myhaver, r. 
J J 'ear e, Frank H. Peaslee, r. and d. 
Wilton, David J. Barry, d. 

COUNTY 

Ward 4, Howard E. Page, Jr., r. 

Robert M. Sayers, Sr., d. 
Ward 5, Clesson J. Blaisdell, d. 

Laurence M. Pickett, d. and r. 
Marlborough, Benjamin G. Hall, r. andd. 
Marlow, Roxie A. Forbes, r. and d. 
Nelson, Francis W. Tolman, r. 
Rindge, Henry M. Hale, r. and d. 
Swanzcy, Ralph A. Blake, r. 

Mark H. Carlton, d. and r. 
Troy, Franklin L. Lang, d. 
IValpole, Harold T. Killeen, r. 
Harry J. Jennison, r. 
Westmoreland, Oscar W. Billings, r. 
Winchester, Frederick H. Ingham, r. 
Luman R. Nelson, r. 



Charlestown, Frank W. Hamlin, r. 
Claremont, George W. Angus, r. 

Alexis Beaudry, r. 

Francis J. Cahalan, d. 

Joseph D. Carton, d. 

Clifton E. Densmore*, r 

Alfred J. Marcotte, d. 

Calvin Oakes, r. 

Erwin W. Quimby, d. 

H. Louis Tardiff, d. 
Cornish, William E. Beaman, r. 
Croydon, Leland L. Riley, d. 
Goshen, Lenley Y. Bowlby, r. 



SULLIVAN COUNTY 

Grantham, Allen W. Walker, d. 
Langdon, Frances E. Pelton, r. 
Lempster, Thomas C. Smith, r. and d. 
Nezvport, Elsie C. Bailey, d. 

Maurice H. Cummings, d. 

Frank M. Farmer, d. 

John R. Kelley, r. 
Plainfield, Lena A. Read, r. and d. 
Springfield, Edith B. Gardner, r, 
Sunapee, T. Oliver Russell, r. and d. 
Unity, George S. Galium, r. 
Washington, David E. Williams, r. and4. 



* Died 



The Legislature of 1945 



XI 



GRAFTON COUNTY 



Alexandria, Orlo Erland Wadhams, 

r. and d. 
Ashland, William A. Brown, d. and r. 
Bath, Amos N. Blandin, d. and r. 
Bethlehem, William H. Aiken, d. and r. 
Bristol, Glenn L. Wheeler, r. 
Campton, Bertram W. Pulsifer, r. 
Canaan, Joseph L. Graham, r. 
Enfield, Emmett Stewart, r. 
Franconia, Richard A. Bowles, r. and d. 
Grafton, George L. Aldrich, r. and d. 
Hanover, Grace F. Batchelder, r. 
Charles A. Holden, r. 
Howard N. Kingsford, r. 
Haverhill, William J. Clough, r. 

, Norman A. McMeekin, r. 
Wesley G. White, r. 
Holderness, Edmund W. Ogden, r. and d. 
Landaff, Roscoe J. Oakes, d. 



Lebanon, Daniel E. Butler, d. 

Norris Cotton, r. and d. 

Ernest R. Coutermarshf, d. 

George H. Edson, d. 

Matthew S. Gile, d. 

Frank X. Guay, d. 
Lincoln, William J. Canton, r. and d. 
Lisbon, James E. Collins, r. 

Arthur L. Hamilton, r. 
Littleton, Mabel M. Downing, r. 

Frederick E. Green, r. 

Fred Kelley, r. 
Lyman, Clara K. Birch, r. 
Lyme, Martha E. Lamphere, r. and d. 
Orford, Charles L. Cushman, r. 
Plymouth, Kenneth G. Bell, r. and d. 

Harry A. Alerrill, d. and r. 
Riimney, Jesse A. Barney, r. and d. 
Warren, Charles F. Little, r. 
Woodstock, Harry D. Sawyer, d. and r. 



COOS COUNTY 



Berlin, 

Ward 1, Oliver Dussault, d. 

Edward F. Hinchey, d. 

Elisabeth H. Mason, d. 

Henry M. Mofifett, d. 
Ward 2, Dieudonne A. Boulay, d. 

Harry L. Henderson, d. 

Clara A. Lazure, d. 
Ward 3, Hilda C. F. Brungot, r. 

Marie A. Christensen, r. 

Joseph C. McGillen, d. 
Ward 4, Esther C. Bixby, d. and r. 

Arthur A. Bouchard, d. and r. 

Alphonsine \L Dugas, d. 

Fred G. Hayes, Jr., d. 
Colebrook, Bushrod H. Hicks, r. 

Walter E. Hicks, r. 



Dalton, Amos J. Whitcomb, d. 
Dtimmer, Chester H. Elkins, r. 
Gorham, Charles A. Chandler, d. 

James A. Fraser, d. and r. 
Jefferson, Raymond G. Kimball, r. and d. 
Lancaster, Arthur C. Crj'an, r. 
Edward S. Munro, r. 
Milan, Lloyd E. Fogg, r, and d. 
Northumberland, Elmer R. Nugent, d. 
Nelson D. Rich, d. 
^ Pittsburg, Fay C. Merrill, r. 
Stark, Grace M. Phelan, r. and d. 
Stezvartstoivn, George B. Currier, r. 
Stratford, True G. Martin, d. and r. 
Whitefield, Carl E. Taylor*, r. and d. 



* Died 

t Resigned 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1945 



CHAPTER 1. 



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

Be it enacted by the Senate and House of Representatives in 
General 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 
follows, to wit: 

Rockingham County, $119.44 

Atkinson, eighty-one cents $0.81 

Auburn, one dollar and twelve cents 1.12 

Brentwood, seventy-two cents .72 

Candia, one dollar and nine cents 1.09 

Chester, one dollar and twenty-five cents 1.25 

Danville, fifty-five cents .55 

Deerfield, one dollar and four cents 1.04 

Derry, eight dollars and ninety-four cents 8.94 

East Kingston, sixty cents .60 

Epping, one dollar and fifty-seven cents 1.57 

Exeter, eleven dollars and sixty-four cents 11.64 

Fremont, eighty-eight cents .88 

Greenland, ninety-nine cents .99 

Hampstead, one dollar and forty cents 1.40 

Hampton, nine dollars and ninety-nine cents 9.99 

Hampton Falls, one dollar and forty-one cents 1.41 

Kensington, seventy-one cents .71 

Kingston, one dollar and forty-three cents 1.43 



2 Chapter 1 [ 1945 

Londonderry, one dollar and sixty-five cents $1.65 

New Castle, one dollar and sixty-five cents 1.65 

Newfields, sixty-three cents .63 

Newington, one dollar and six cents 1.06 

Newmarket, two dollars and forty-six cents 2.46 

Newton, one dollar and eight cents 1.08 

North Hampton, three dollars and fifty-one cents . . 3.51 

North wood, one dollar and thirty-five cents 1.35 

Nottingham, one dollar 1.00 

Plaistow, one dollar and ninety-two cents 1.92 

Portsmouth, thirty-eight dollars and ninety-six cents 38.96 

Raymond, one dollar and sixty-one cents 1.61 

Rye, five dollars and fourteen cents 5.14 

Salem, five dollars and sixty-two cents 5.62 

Sandown, forty-one cents .41 

Seabrook, one dollar and seventy-two cents 1.72 

South Hampton, forty-seven cents .47 

Stratham, one dollar and twenty-four cents 1.24 

Windham, one dollar and eighty-two cents 1.82 

Strafford County, $67.98 

Barrington, one dollar and twelve cents $1.12 

Dover, twenty-four dollars and eighty-eight cents. . 24.88 

Durham, three dollars and sixty-five cents 3.65 

Farmington, three dollars and forty-nine cents .... 3.49 

Lee, seventy-three cents .73 

Madbury, sixty-six cents .66 

Middleton, eighteen cents .18 

Milton, two dollars and forty-one cents 2.41 

New Durham, sixty-five cents .65 

Rochester, nineteen dollars and seven cents 19.07 

Rollinsford, one dollar and eighty-five cents 1.85 

Somersworth, eight dollars and twenty-one cents . . 8.21 

Strafford, one dollar and eight cents 1.08 

Belknap County, $54.46 

Alton, three dollars and forty-seven cents $3.47 

Barnstead, one dollar and six cents 1.C6 

Belmont, one dollar and seventy-six cents 1.76 

Center Harbor, one dollar and forty-four cents .... 1.44 

Gilford, three dollars and sixteen cents 3.16 

Gilmanton, one dollar and twenty-three cents 1.23 

Laconia, twenty-eight dollars and fifty-six cents . . 28.56 



1945 ] Chapter l 3 

Meredith, five dollars and sixty-four cents $5.64 

New Hampton, two dollars and seventy cents 2.70 

Sanbornton, one dollar and thirty-six cents 1.36 

Tilton, four dollars and eight cents 4.08 

Carroll County, $35.25 

Albany, thirty-six cents $0.36 

Bartlett, one dollar and seventy-six cents 1.76 

Brookfield, fifty-two cents .52 

Chatham, thirty-three cents .33 

Conway, six dollars and eleven cents 6.11 

Eaton, thirty-eight cents .38 

Effingham, sixty-four cents .64 

Freedom, one dollar and two cents 1.02 

Hart's Location, eight cents .OS 

Jackson, one dollar and twenty-two cents 1.22 

Madison, one dollar and twenty-five cents 1.25 

Moultonborough, three dollars and twenty-nine cents 3.29 

Ossipee, two dollars and thirty-two cents 2.32 

Sandwich, two dollars and fifty-nine cents 2.59 

Tarn worth, two dollars and ninety-five cents 2.95 

Tuftonboro, two dollars and thirty-eight cents 2.38 

Wakefield, two dollars and twenty-seven cents 2.27 

Wolfeboro, five dollars and seventy-eight cents .... 5.78 

Merrimack County, $126.21 

Allenstown, two dollars and eighty-six cents $2.86 

Andover, two dollars and thirty cents 2.30 

Boscawen, two dollars and forty-five cents 2.45 

Bow, two dollars and ninety cents 2.90 

Bradford, one dollar and forty-nine cents 1.49 

Canterbury, ninety-six cents .96 

Chichester, eighty-six cents .86 

Concord, sixty-three dollars and eighty-seven cents 63.87 

Danbury, seventy cents .70 

Dunbarton, one dollar and one cent 1.01 

Epsom, one dollar and forty-five cents 1.45 

Franklin, fourteen dollars and four cents 14.04 

Henniker, two dollars and sixty-four cents 2.64 

Hill, one dollar and seventeen cents 1.17 

Hooksett, three dollars and twelve cents 3.12 

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

Loudon, one dollar and thirty-two cents 1.32 



4 Chapter 1 [ 1945 

Newbury, two dollars and one cent $2.01 

New London, three dollars and sixty-seven cents . . 3.67 

Northfield, one dollar and ninety-four cents 1.94 

Pembroke, three dollars and forty-four cen^s 3.44 

Pittsfield, three dollars and eighteen cents 3.18 

Salisbury, seventy-three cents .73 

Sutton, one dollar and eight cents 1.08 

Warner, one dollar and ninety-five cents 1.95 

Webster, one dollar and seventeen cents 1.17 

Wilmot, fifty-seven cents .57 

Hillsborough County, $287.90 

Amherst, two dollars and nine cents $2.09 

Antrim, two dollars and sixteen cents 2.16 

Bedford, three dollars and thirteen cents 3.13 

Bennington, one dollar and seventy-two cents 1.72 

Brookline, eighty-three cents .83 

Deering, seventy-one cents .71 

Francestown, one dollar and one cent 1.01 

Gofl'stown, six dollars and fifty-one cents 6.51 

Greenfield, one dollar and one cent 1.01 

Greenville, one dollar and ninety-nine cents 1.99 

Hancock, one dollar and ninety cents 1.90 

Hillsborough, four dollars and forty-nine cents .... 4.49 

Hollis, one dollar and ninety cents 1.90 

Hudson, three dollars and forty-two cents 3.42 

Litchfield, seventy-five cents .75 

Lyndeborough, ninety-four cents .94 

Manchester, one hundred fifty-four dollars and 

thirty-seven cents . 154.37 

Mason, forty-six cents .46 

Merrimack, two dollars and forty-six cents 2.46 

Milford, seven dollars and thirty-two cents 7.32 

Mont Vernon, eighty-nine cents .89 

Nashua, sixty-eight dollars and sixty cents 68.60 

New Boston, one dollar and twenty-nine cents 1.29 

New Ipswich, one dollar and eighty-seven cents. . . . 1.87 

Pelham, one dollar and sixty-one cents 1.61 

Peterborough, seven dollars and ninety-four cents . . 7.94 

Sharon, thirty-one cents -31 

Temple, eighty-two cents .82 

Weare, one dollar and seventy-six cents 1.76 



1945 ] Chapter 1 5 

Wilton, three dollars and fifty-five cents $3.55 

Windsor, nine cents .09 

Cheshire County, $80.95 

Alstead, one dollar and thirty-three cents $1.33 

Chesterfield, two dollars and twenty-nine cents .... 2.29 

Dublin, three dollars and eighty-seven cents 3.87 

Fitz William, one dollar and fifty-seven cents 1.57 

Gilsum, forty-five cents .45 

Harrisville, one dollar and fifty-eight cents 1.58 

Hinsdale, five dollars and fifty-seven cents 5.57 

Jaff'rey, six dollars and seventy-five cents 6.75 

Keene, thirty-three dollars and sixty-one cents .... 33.61 

Marlborough, two dollars and thirty-two cents .... 2.32 

Marlow, thirty-seven cents .37 

Nelson, sixty-seven cents .67 

Richmond, thirty-six cents .36 

Rindge, one dollar and seventy-four cents 1.74 

Roxbury, eighteen cents .18 

Stoddard, sixty-three cents .63 

SuHivan, thirty-two cents .32 

Surry, fifty-five cents .55 

Swanzey, three dollars and eight cents 3.08 

Troy, two dollars 2.00 

Walpole, six dollars and ninety-one cents 6.91 

Westmoreland, one dollar and four cents 1.04 

Winchester, three dollars and seventy-six cents .... 3.76 

Sullivan County, $49.60 

Acworth, sixty-nine cents $0.69 

Charlestown, three dollars and fifty-nine cents .... 3.59 

Claremont, twenty-five dollars and forty-five cents 25.45 

Cornish, one dollar and seventy-five cents 1.75 

Croydon, sixty-five cents .65 

Goshen, forty-five cents .45 

Grantham, thirty-four cents .34 

Langdon, forty-four cents .44 

Lempster, thirty-three cents .33 

Newport, eight dollars and sixty-nine cents 8.69 

Plainfield, one dollar and sixty cents 1.60 

Springfield, seventy cents .70 

Sunapee, three dollars and fifty-two cents 3.52 

Unity, sixty-eight cents -68 



6 Chapter 1 [ 1945 

Washington, seventy-two cents $0.72 

Grafton County, $104.58 

Alexandria, eighty-six cents $0.86 

Ashland, three dollars and three cents 3.03 

Bath, one dollar and fifty cents 1.50 

Benton, twenty cents .20 

Bethlehem, four dollars and fifty-six cents 4.56 

Bridgewater, one dollar and one cent 1.01 

Bristol, four dollars and forty-six cents 4.46 

Campton, two dollars and twelve cents 2.12 

Canaan, two dollars and one cent 2.01 

Dorchester, twenty-eight cents .28 

Easton, twenty-three cents .23 

Ellsworth, six cents .06 

Enfield, two dollars and twenty-six cents 2.26 

Franconia, one dollar and sixty-four cents 1.64 

Grafton, seventy-three cents .73 

Groton, sixty-five cents .65 

Hanover, ten dollars and eight cents 10.08 

Haverhill, six dollars and seventy-two cents 6.72 

Hebron, ninety cents .90 

Holderness, three dollars and eighteen cents 3.18 

Landaff , forty-three cents .43 

Lebanon, thirteen dollars and forty-one cents 13.41 

Lincoln, one dollar and eighty-seven cents 1.87 

Lisbon, four dollars and seventy-four cents 4.74 

Littleton, eight dollars and six cents 8.06 

Lyman, forty-six cents .46 

Lyme, one dollar and forty-six cents 1.46 

Monroe, fourteen dollars and seven cents 14.07 

Orange, twenty-two cents .22 

Orford, one dollar and twenty-two cents 1.22 

Piermont, one dollar and eight cents 1.08 

Plymouth, five dollars and forty-seven cents 5.47 

Rumney, one dollar and fifty-four cents 1.54 

Thornton, seventy-one cents .71 

Warren, ninety-six cents .96 

Waterville, twelve cents .12 

Went worth, seventy-eight cents .78 

Woodstock, one dollar and fifty cents 1.50 



1945 ] Chapter 1 1 

Coos County, $70.80 

Berlin, twenty-eight dollars and thirty cents $28.30 

Carroll, one dollar and seventy-four cents 1.74 

Clarksville, ninety-one cents .91 

Colebrook, three dollars and seventy-three cents . . . 3.7?> 

Columbia, eighty-four cents .84 

Dalton, seventy-five cents .75 

Dummer, fifty-six cents .56 

Errol, one dollar and one cent 1.01 

Gorham, six dollars and seventy-three cents 6.73 

Jefferson, one dollar and forty-six cents 1.46 

Lancaster, six dollars and seven cents 6.07 

Milan, one dollar and ten cents 1.10 

Northumberland, four dollars and two cents 4.02 

Pittsburg, three dollars and eighty-five cents 3.85 

Randolph, ninety-seven cents .97 

Shelburne, one dollar and thirty-four cents 1.34 

Stark, sixty-two cents .62 

Stewartstown, one dollar and forty-five cents 1.45 

Stratford, one dollar and fifty-one cents 1.51 

Wentworth's Location, eighteen cents .18 

Whitefield, three dollars and sixty-six cents 3.66 

Unincorporated Places, $2.83 

Cambridge, forty-two cents $0.42 

Crawford's Purchase, five cents .05 

Dixville, seventy-one cents .71 

Dix's Grant, eight cents .08 

Erving's Grant, two cents .02 

Gilmanton and Atkinson Academy Grant, five cents .05 

Green's Grant, nine cents .09 

Hale's Location, one cent .01 

Millsfield, forty-five cents .45 

Odell, twenty-nine cents .29 

Pinkham's Grant 

Sargent's Purchase, sixteen cents .16 

Second College Grant, fifteen cents .15 

Success, twenty-five cents .25 

Thompson and Meserve Purchase, ten cents .10 

2. Limitation. The same shall be the proportion of assess- 
ment of all public taxes until a new apportionment shall be 



8 Chapters 2, 3 [ 1945 

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 January 31, 1945.] 



CHAPTER 2. 

AN ACT RELATING TO THE APPOINTMENT OF TAX COLLECTORS. 

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

1. Time of Appointment. Amend section 28 of chapter 59 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 28. Compensation of Col- 
lectors. Each town, at the annual meeting, may determine 
the rate or amount of compensation to be allowed the collector 
of taxes for his services. Whenever the selectmen appoint 
the collector, such appointment shall be made prior to April 
first and they shall make a written contract with him in re- 
lation to his compensation. 

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

[Approved January 31, 1945.] 



CHAPTER 3. 



AN ACT RELATING TO PERSONS LIABLE TO LEGACY AND 
SUCCESSION TAXES. 

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

1. Legacy and Succession Taxes. Amend section 1 of 
chapter 87 of the Revised Laws by inserting after the word 
"wife" in the ninth line the words, father, mother, so that 
said section as amended shall read as follows: 1. Taxable 
Property and Tax Rate.* All property within the jurisdiction 
of the state, real or personal, and any interest therein, be- 
longing to inhabitants of the state, and all real estate within 
the state, or any interest therein, belonging to persons who 



* See chapter 144, s. 1, post. 



1945 ] Chapter 4 9 

are not inhabitants of the state, which shall pass by will, or by 
the laws regulating intestate succession, or by deed, grant, 
bargain, sale or gift, made in contemplation of death, or made 
or intended to take effect in possession or enjoyment at or 
after the death of the grantor or donor, to any person, 
absolutely or in trust, except to or for the use of the husband, 
wife, father, mother, lineal descendant, or adopted child of a 
decedent, or for the care of cemetery lots, or to a city or town 
in this state for public purposes, shall be subject to a tax of 
eight and one-half per cent of its value, for the use of the 
state. 

2. Application to Estates. This act shall not apply to the 
estates of persons deceased prior to the date when it takes 
effect, nor to property of such decedents passing by deed, 
grant, bargain, sale or gift, as set forth in section 1, but such 
estates, persons and property shall remain subject to the pro- 
visions of the laws in force prior to the passage of this act. 

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

[Approved January 31, 1945—10.01 A. M.] 



CHAPTER 4. 



AN ACT RELATIVE TO VEHICLES OWNED BY THE GOVERNMENT, 
THE STATE AND MUNICIPALITIES. 

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

1. Powers of the Commissioner. Amend chapter 118 of 
the Revised Laws by inserting after section 11 the following 
new section: 11-a. Rules and Regulations. The commis- 
sioner of motor vehicles shall have the authority to prescribe 
special rules and regulations relative to registration of motor 
Vehicles owned and operated by the government of the United 
States, the state, or by any county, city, or town, and may 
issue permanent number plates for such vehicles. Said 
vehicles displaying said number plates shall be deemed to be 
properly registered under the provisions of this title and may 
be operated upon the highways of the state without further 
registration or subsequent number plates. 



10 Chapters 5, 6 [ 1945 

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

[Approved January 31, 1945.] 



CHAPTER 5. 



AN ACT RELATIVE TO CHANGING THE NAMES OF CERTAIN PUBLIC 
WATERS IN THE TOWN OF BARNSTEAD. 

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

1. Upper and Lower Suncook Lakes. The body of water 
in the town of Barnstead known as Upper Suncook Pond shall 
hereafter be known and called Upper Suncook Lake. The 
body of water in the town of Barnstead known as Lower Sun- 
cook Pond shall hereafter be known and called Lower Suncook 
Lake. 

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

[Approved February 6, 1945.] 



CHAPTER 6. 



AN ACT IN RELATION TO TIME OF DELIVERY OF POLL TAX 
WARRANTS. 

Be it enacted by the Senate and Hou^e of Representatives in 
Gene7'al Court convened: 

1. Time of Delivery. Amend .section 10 of chapter 77 of 
the Revised Laws by striking out the words "after April first" 
and inserting the words, before June first, so that said section 
as amended shall read as follows : 10. List of Poll Taxes. 
Before June first in each year a list of all poll taxes, by them 
assessed against persons having no property to be assessed, 
shall be made by the selectmen of towns and assessors of 
cities with warrants under their hands and seal, directed to 
the collector of taxes, requiring him to collect the same at 
once and pay the same to the town treasurer at such times as 
may be therein prescribed. 



1945 ] Chapters 7, 8 11 

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

[Approved February 6, 1945.] 



CHAPTER 7. 

AN ACT IN RELATION TO THE BONDS OF TOWN OFFICERS. 

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

1. Town Officers. Amend section 42 of chapter 59 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 42. Bonds of Town Clerks, 
Treasurers, Tax Collectors and Deputy Tax Collectors. Each 
town clerk and treasurer shall furnish a bond of a reputable 
surety company in the form required by the tax commission, 
and each tax collector and deputy tax collector shall furnish 
a bond of a reputable surety company in the form and amount 
required by the tax commission. The premiums shall be paid 
by the town. 

2. Tax Collectors. Amend section 42 of chapter 80 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 42. Deputies. Any collector, 
being authorized by vote of the town, may appoint deputies, 
with the approval of the selectmen, who shall be sworn, have 
the powers of collectors, may be removed at the pleasure of 
the collector, and before entering upon the duties of his office, 
give bond as provided in section 42 of chapter 59. 

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

[Approved February 6, 1945.] 



CHAPTER 8. 

AN ACT RELATIVE TO THE FORM OF OFFICIAL PRIMARY BALLOTS. 

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

1. Official Primary Ballots. Amend section 28 of chap- 
ter 33 of the Revised Laws by inserting after the words " 'Vote 
for' " in the fifth line the words, not more than, so that said 



12 Chapter 9 [ 1945 

section as amended shall read as follows: 28. Preparation. 
At least ten days before any primary is to be held an official 
ballot for each political party shall be prepared by the secre- 
tary of state, and shall be as nearly as is practicable in the 
same form as ballots used at elections. Below the name of 
each office shall be printed in small but easily legible letters 
the words "Vote for not more than" followed by a spelled 
number designating how many persons are to be voted for. 

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

[Approved February 6, 1945.] 



CHAPTER 9. 



AN ACT RELATIVE TO INSTRUCTIONS AS TO ABSENTEE VOTING 
AND MARKINGS ON BALLOTS. 

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

1. Absentee Voting. Amend section 74 of chapter 34 of 
the Revised Laws by striking out the word "presidential" in 
the sixth line and inserting in place thereof the word, bien- 
nial, so that said section as amended shall read as follows: 
74. Instructions; Information. The secretary of state shall 
prepare for the use of election officials, city and town clerks 
and registrars of voters and supervisors of the check-list such 
printed information and instructions, subject to approval by 
the attorney-general, as he may deem proper to facilitate the 
operation hereof. Such printed matter shall be transmitted 
to said officials prior to each biennial election. The secretary 
of state is further authorized to prepare and distribute sub- 
ject to like approval, such general information relative hereto 
as he may deem expedient. 

2. Ballots. Amend section 78 of said chapter 34 by strik- 
ing out the word and figure "and 59" and inserting in place 
thereof the following, 59 and 68, so that said section as 
amended shall read as follows: 78.* Prohibited Marking. 
No mark of any nature shall be placed on the ballot by election 
officials except as provided in sections 51, 59 and 68. 

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

[Approved February 8, 1945.] 



See also chapter 166, post. 



1945] Chapters 10, 11, 12 13 

CHAPTER 10. 

AN ACT IN RELATION TO REPORTS TO STATE AND COUNTY 
TREASURERS. 

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

1. Return Discontinued. Section 6, chapter 77, Revised 
Laws, requiring return to the state and county treasurers of 
the name of the collector, the date of his warrant, and the 
amount and time of payment of taxes, is hereby repealed. 

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

[Approved February 8, 1945.] 



CHAPTER 11. 



AN ACT RELATIVE TO VIOLATIONS OF THE MUNICIPAL BUDGET 

LAW. 

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

1. Municipal Budget Law. Amend section 6 of chapter 52 
of the Revised Laws by striking out the words "the preceding 
section" and inserting in place thereof the words, section 5, 
so that said section as amended shall read as follows: 6. 
Penalty. Any person or persons violating the provisions of 
section 5 shall be subject to removal from office on proper 
petition brought before the superior court. Such petition 
shall take precedence of other actions pending in said court, 
and shall be heard and decided as speedily as possible. 

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

[Approved February 8, 1945.] 



CHAPTER 12. 



AN ACT RELATIVE TO JURISDICTION OF THE COURT TO GRANT A 
DECREE OF NULLITY. 

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

1. Void Marriages. Amend chapter 339 of the Revised 
Laws by inserting after section 2 the following new section: 



14 Chapters 13, 14 [ 1945 

2-a. Jurisdiction. In any proceedings for annulment for 
any cause whether under statute or under common law, the 
court shall have jurisdiction to declare an annulment of a 
marriage entered into in this state even though neither party 
has been at any time a resident herein. 

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

[Approved February 13, 1945.] 



CHAPTER 13. 

AN ACT RELATIVE TO THE PROBATE OF WILLS. 

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

1. Witnesses. Amend section 12 of chapter 351 of the 
Revised Laws by adding after the word "cause" in the sec- 
ond line the words, or if the court determines that the testi- 
mony of such witnesses is unavailable under the circum- 
stances, so that said section as amended shall read as 
follows: 12. If Witness Becomes Incompetent or Unavail- 
able. If the attesting witnesses, after the execution of a will, 
become incompetent from any cause, or if the court de- 
termines that the testimony of such witnesses is unavailable 
under the circumstances, the will may be proved and allowed 
upon other satisfactory evidence. 

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

[Approved February 13, 1945.] 



CHAPTER 14. 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF A CONSERVATOR, 

UNDER CERTAIN CIRCUMSTANCES, FOR PROPERTY OF 

PERSONS SERVING IN OR WITH THE ARMED 

FORCES OF THE UNITED STATES. 

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

1. Missing Military Personnel. Amend the Revised Laws 
by inserting after chapter 342 the following new chapter: 



1945] Chapter 14 15 

Chapter 342-A 
Appointment of Conservator 
1. Appointment of Conservator. Whenever a person, 
hereinafter referred to as an absentee, serving in or with the 
armed forces of the United States, or a person serving as a 
merchant seaman, has been reported or hsted as missing, or 
missing in action, or interned in a neutral country, or be- 
leaguered, besieged, or captured by an enemy, has an interest 
in any form of property in this state or is a legal resident of 
this state and has not provided an adequate power of 
attorney authorizing another to act in his behalf in regard 
to such property or interest, then, the probate court of the 
county of such absentee's legal domicile or of the county 
where such property is situated, either on the court's own 
motion or upon petition alleging the foregoing facts and 
showing the necessity for providing care of the property of 
such absentee made by any person who would have an in- 
terest in the property of the absentee were such absentee de- 
ceased, after notice to, or on receipt of proper waivers from, 
the heirs and next of kin of the absentee as provided by law 
for the administration of an estate, and upon good cause being 
shown, may, after finding the facts to be as aforesaid, appoint 
a conservator to take charge of the absentee's estate, under 
the supervision and subject to the further orders of the court. 

2. Bond; Powers of Conservator. The court shall have 
full discretionary authority to appoint any suitable person as 
such conservator and may require such conservator to post an 
adequate surety bond and to make such reports as the court 
may deem necessary. The conservator shall have the same 
powers and authority as the guardian of the property of a 
minor or incompetent and shall be considered as an officer or 
arm of the court. 

3. Termination of Conservatorship. At any time upon 
petition signed by the absentee, or on petition of an attorney- 
in-fact acting under an adequate power of attorney granted 
by the absentee, the court shall direct the termination of the 
conservatorship and the transfer of all property held there- 
under to the absentee or to the designated attorney-in-fact. 
Likewise, if at any time subsequent to the appointment of a 
conservator it shall appear that the absentee has died and an 
executor or administrator has been appointed for his estate, 
the court shall direct the termination of the conservatorship 



16 Chapters 15, 16 [ 1945 

and the transfer of all property of the deceased absentee held 
thereunder to such executor or administrator. 

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

[Approved February 13, 1945.] 



CHAPTER 15. 



AN ACT RELATIVE TO THE UNIFORM ACKNOWLEDGMENT LAW AND 
VALIDATION OF CERTAIN ACKNOWLEDGMENTS. 

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

1. Acknowledgment by Custom. Amend section 1 of 
chapter 382-A of the Revised Laws as inserted by chapter 97 
of the Laws of 1943 by inserting after the word "laws" the 
words, and customs, so that said section as amended shall read 
as follows: 1. Acknowledgment of Instruments. Any in- 
strument may be acknowledged in the manner and form as 
otherwise provided by the laws and customs of this state, or 
as provided by this chapter. 

2. Validity of Acknowledgments. All acknowledgments of 
written instruments made since March 30, 1943, pursuant to 
existing custom in this state are hereby declared to be valid. 

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

[Approved February 13, 1945.] 



CHAPTER 16. 



AN ACT RELATING TO THE BENEFIT YEAR FOR UNEMPLOYMENT 

COMPENSATION. 

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

1. Benefit Year. Amend subsection C of section 1 of 
chapter 218 of the Revised Laws by striking out the same and 
inserting in place thereof the following: C. "Benefit year" 
with respect to any individual means the year beginning with 
the first day of April of every calendar year and ending on the 
last day of March of the following calendar year, provided, 
however, that the current benefit year shall be extended to in- 



1945] Chapters 17, 18 17 

elude the month of March, 1945, and shall terminate on the 
last day of March, 1945. 

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

[Approved February 13, 1945.] 



CHAPTER 17. 



AN ACT RELATIVE TO WAR SERVICE BY MEMBERS OF THE POLICE 
RETIREMENT SYSTEM. 

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

1. Continuous Service. Amend chapter 221 of the Revised 
Laws by inserting after section 11 the following new section: 
11-a. War Service. In case of a break in a policeman's con- 
tinuous service by reason of military or federal law enforce- 
ment service directly attributable to war, the board shall con- 
strue as a period of continuous service the total service of 
such policeman before the break, his military or federal law 
enforcement service and his service after the break. 

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

[Approved February 13, 1945.] 



CHAPTER 18. 



AN ACT RELATIVE TO DESTRUCTION OF PAPERS BY THE 
COMPTROLLER. 

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

1. Comptroller. Amend chapter 23 of the Revised Laws 
by adding at the end thereof the following new section: 17. 
Disposal of Papers. The comptroller may destroy, at the end 
of six years from the time of filing, any records, reports or 
miscellaneous papers filed in his office which, in his opinion, 
are no longer of any value to the state. 

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

[Approved February 13, 1945.] 



18 Chapter 19 [ 1945 

CHAPTER 19. 

AN ACT RELATIVE TO ASSIGNMENTS OF ACCOUNTS RECEIVABLE 
AND OTHER CHOSES IN ACTION. 

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

1. Assignment of Accounts. Amend the Revised Laws by 
inserting after chapter 263 the following new chapter: 

Chapter 263-A 
Assignments of Accounts Receivable 
1. Definitions. For the purposes of this chapter : 

1. "Account" means an account receivable. It includes 
sums owing, although not yet payable, under an existing con- 
tract, but not sums to become due for goods not yet completed 
or services not yet rendered. It excludes a judgment, note, 
draft, acceptance, life insurance policy, conditional sale con- 
tract and other instruments for the payment of money, the 
assignment of which is usually made by endorsement on or 
delivery of the instrument and sums due for personal services 
of an employee. 

II. "Assignment" includes any transfer, sale, pledge, or 
mortgage of an account, or of a part thereof. 

III. "Assignor" includes transferor, sellor, pledgor and 
mortgagor. 

IV. "Assignee" includes transferee, purchaser, pledgee, 
mortgagee and persons with rights acquired from or through 
such assignee. 

V. "Account debtor" means a person obligated to pay an 
account. 

VI. "Subsequent assignee" means a later assignee of an 
account, mediately or immediately claiming under an assignor 
who has previously assigned such account. 

VII. "Value" means any consideration sufficient to 
support a simple contract, including an antecedent debt or 
liability, whether an account is taken in satisfaction thereof 
or as security therefor. 

2. Assignments Valid when Made. An assignment of 
an account transfers from the date of its making all rights 
which the assignor has power to transfer and shall be and be 
deemed to be valid and fully perfected as of the date it is 
made, if (a) it is in writing; (b) the assignee has given value 
therefor ; (c) the assignee takes the assignment in good faith ; 



1945] Chapter 19 19 

and (d) whether or not notice of the assignment is given to 
the account debtor or the account debtor assents to said 
assignment. After tlie making of sucli an assignment no ex- 
isting or future creditor of the assignor and no subsequent 
assignee shall or can acquire any right, title, lien or interest 
in or to such account, or any proceeds thereof, or any judg- 
ment, instrument, token or writing given as evidence thereof 
or in substitution therefor, equal or superior to or in 
diminution of the rights of the assignee under such assign- 
ment. 

3. Rights of Account Debtor. Whenever, prior to 
notice to him of an assignment of an account, the account 
debtor shall have, while acting in good faith (a) made pay- 
ment of the account, in whole or in part; or (b) given a 
negotiable instrument in payment or as evidence, in whole or 
in part thereof; or (c) effected a novation in respect thereto; 
or (d) become liable upon a final judgment thereon; such pay- 
ment or the assumption or suffering of such substitute liabil- 
ity shall, to the extent thereof, be a good and valid discharge 
of the account debtor's liability upon such account. Further, 
nothing in this chapter shall deprive the account debtor of 
any valid defense to which he would otherv/ise be entitled or 
any valid right existing under the contract from which the 
assigned account arose or- of any right of set-off or counter- 
claim against the assignor existing at the time the account 
debtor receives notice of the assignment. 

4. Accountability of Certain Persons to Assignee. If 
an account is assigned as provided in section 2, the assignor 
and any subsequent assignee of the account and any creditor 
of such assignor, other than a creditor realizing on a lien 
acquired prior to such assignment, shall be liable and account- 
able to the assignee under such assignment for all sums there- 
after received by such assignor, subsequent assignee or credi- 
tor in payment, in whole or in part, of such account ; and any 
such assignor, subsequent assignee or creditor who after the 
date of such assignment obtains an instrument, token or writ- 
ing in payment or as evidence, in whole or in part, of such 
account, or effects a novation with respect thereto, or obtains 
an order, judgment or decree for the payment of such account, 
shall be deemed to have received, effected or obtained the 
same for the use and benefit of the assignee under such assign- 
ment and shall be liable and accountable to him therefor and 



20 Chapter 20 [ 1945 

for the proceeds thereof; provided, however, that any action 
to enforce any rights under this section 4 against any party 
other than the assignor may be brought within one year from 
the date such funds are received, such novation is effected, or 
such instrument, token, writing, order, judgment or decree is 
obtained, as the case may be, and not afterward. 

5. Returned Property; Adjustments. If, in the case 
of any assigned account, merchandise sold, or any part there- 
of, is returned to or recovered by the assignor from the ac- 
count debtor and is thereafter dealt with by the assignor as his 
own property, or if the assignor grants credits, allowances or 
adjustments to the account debtor, the right to or lien of the 
assignee upon any balance remaining owing on such account 
and his right to or lien upon any other account assigned 
to him by the assignor shall not be invalidated, irrespective of 
whether the assignee shall have consented to, or acquiesced in, 
such acts of the assignor. 

6. Assignment of Claims Against the United States. 
This chapter shall not apply to the rights of the United States 
in any case of an assignment of a claim against the United 
States but shall apply to the rights of all other persons inter- 
ested in such an assignment. 

2. Takes Effect. This act shall take effect on its passage 
and shall apply only to assignments executed and delivered 
after its effective date. 

[Approved February 20, 1945.] 



CHAPTER 20. 



AN ACT TO GUARANTEE REEMPLOYMENT OF VETERANS BY TOWNS 
AND OTHER POLITICAL SUBDIVISIONS OF THE STATE. 

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

1. Veterans Guaranteed Reemployment. Each county, 
town, city, precinct, school board or other political subdivision 
of the state shall reemploy a veteran of any branch of the 
military service of the United States who has been p^.aced on 
inactive status or been given a discharge other than dis- 
honorable and who, within ninety days after being so made 
inactive or discharged, in writing, notifies the treasurer or 



1945] Chapter 20 21 

other fiscal agent of such political subdivision that he desires 
to be reinstated in the position he held with such political 
subdivision at the time he entered said military service. 

2. Compensation; Term of Employment. Such political 
subdivision shall, upon receiving the foregoing notification and 
being satisfied that the applicant has been placed on inactive 
status or holds a discharge other than dishonorable, reinstate 
such veteran in the position he held at the time of entering 
the military service as of the date when said notification is 
received and shall pay said veteran not less than and as 
frequently as he was paid when he entered the service. Such 
employment shall be for a period of not less than one year, 
provided such veteran shall be of good behavior and wishes 
to remain so long employed. A veteran giving the notice 
required by section 1, upon being notified in writing by such 
poHtical subdivision that it is satisfied he has been placed on 
inactive status or holds said discharge, shall present himself 
forthwith for said reemployment and faihng so to do he may 
be considered as not of good behavior. 

3. Equitable Treatment of Civilians. In the event that 
the position held by said veteran at the time he entered the 
service is held by another when the notification required under 
section 1 is received, the political subdivision may continue to 
pay the person whom the veteran replaces for such time as is 
reasonable under the circumstances. 

4. Discontinued Offices. In the event the position held by 
said veteran at the time he entered the service has been 
abolished or discontinued the political subdivision shall re- 
employ such veteran as provided hereunder and assign to him 
duties as nearly comparable as circumstances permit. 

5. Optional Provisions. Nothing herein shall be construed 
to prevent a political subdivision from paying a veteran 
more than he was receiving upon entering the service nor em- 
ploying him, if he wishes, in a different capacity provided he 
is paid at least as much and as often. 

6. Subdivision Borrowings. Any political subdivision lack- 
ing an appropriation providing funds from which to carry out 
the terms of this act, may borrow the amount necessary from 
the state paying, therefor, interest at the rate of one per cent 
per annum. The state treasurer shall advance the sums 
necessary from time to time to enable a political subdivision 
to carry out the provisions hereof upon receiving from its 



22 Chapter 21 [ 1945 

treasurer or other fiscal agent his certificate and the note of 
the poUtical subdivision signed by him. All such notes shall 
be binding obligations of the political subdivision payable at 
its pleasure but in any event within five years from the date 
thereof. 

7. Jurisdiction of Superior Court. This act shall be 
liberally construed in favor of a veteran and the superior court 
shall have original jurisdiction on any question arising here- 
under. 

8. Constitutionality. The provisions of this act are de- 
clared to be severable and if any provision hereof or the appli- 
cation thereof to any persons or circumstances is held invalid, 
that shall not affect the other provisions or applications hereof 
which can be given effect. 

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

[Approved February 20, 1945.] 



CHAPTER 21. 



AN ACT RELATIVE TO COURT RECORDS OF MOTOR VEHICLE 

VIOLATIONS. 

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

1. Motor Vehicle Violations. Amend section 25 of chap- 
ter 118 of the Revised Laws by inserting after the word 
"nature" in the seventh Tine the words, and date, so that said 
section as amended shall read as follows: 25. Records; 
Reports. A full record shall be kept by every court or justice 
in this state of every case in which a person is charged with 
a violation of any of the provisions of any law relative to 
motor vehicles, and an abstract of the record in cases of con- 
viction shall be sent within five days by the court or justice 
to the commissioner. Said abstracts shall be made upon forms 
prepared by the commissioner and shall include all necessary 
information as to the parties to the case, the nature and date 
of the offense, the date of the hearing, the plea and the judg- 
ment, and shall be certified by the clerk of the court or by the 
justice. The commissioner shall keep such records in his office 
and they shall be open to the inspection of any person. 



1945] Chapters 22, 23 23 

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

[Approved February 20, 1945.] 



CHAPTER 22. 



AN ACT RELATIVE TO PROCEDURE IN CASE OF THE DEATH OF 
CANDIDATES AT PRIMARIES AND GENERAL ELECTIONS. 

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

1. Election Procedure. Amend section 67 of chapter 33 of 
the Revised Laws by striking out the words, "proper com- 
mittee as the law provides," and inserting in place thereof 
the words, party committee of the state, county, town or 
ward, as the case may require, so that said section as amended 
shall read as follows: 67. Death of Candidate. In case of 
the death of any candidate to be voted for at any pr-imary or 
general election, between the date of nomination or filing and 
the day of election, a new candidate may be substituted under 
the authority of the party committee of the state, county, 
town or ward, as the case may require, whose name shall be 
printed upon the ballots if they have not been printed. 

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

[Approved February 21, 1945.] 



CHAPTER 23. 

AN ACT RELATING TO MOTOR VEHICLE PROSECUTIONS. 

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

1. Limitation. Amend section 26 of chapter 132 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 26. Authority Limited. This 
chapter shall not be construed: 

L As authorizing any public officer, agent or represen- 
tative in carrying out any of the provisions hereof to take 
charge of any child over the objection of either of the parents 



24 Chapters 24, 25 [ 1945 

of such child or of the person standing in loco parentis to such 
child, except pursuant to a court order; 

11. As applying in the case or cases of persons under the 
age of eighteen years who are charged with the violation of a 
motor vehicle law. 

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

[Approved February 21, 1945.] 



CHAPTER 24. 

AN ACT RELATING TO HAWKERS AND PEDDLERS. 

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

1. Sale by Veterans' Organizations. Amend section 19, 
chapter 188 of the Revised Laws by inserting after the word 
"Legion" in the sixth line the words, the Disabled American 
Veterans, so that said section as amended shall read as 
follows: ' 19. Permission Granted. The mayor and alder- 
men of a city, or the selectmen of towns, may, in their dis- 
cretion, authorize from time to time the sale or the offering 
for sale on the streets, or any other place frequented by the 
pubhc in said city or town, of artificial flowers or miniature 
flags by the Grand Army of the Republic and organizations 
affiliated with it, the American Legion, the Disabled American 
Veterans, the Veterans of Foreign Wars, United Spanish War 
Veterans, and other recognized charitable, fraternal, labor 
or military organizations; provided, however, that nothing in 
this section shall be construed to prohibit the sale or the offer- 
ing for sale by bona fide merchants in their stores or other 
business establishments of such merchandise as herein named. 

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

[Approved February 21, 1945.] 



CHAPTER 25. 

AN ACT IN RELATION TO HOLDING TAX SALES. 

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

1. Real Estate; Tax Sales. Amend chapter 80, Revised 
Laws, by adding after section 22 the following new section: 



1945] Chapter 26 25 

22-3U Sale by Agent. In case it shall appear to the select- 
men that the collector, after having advertised a sale will be 
prevented by sickness or other unavoidable cause from hold- 
ing said sale at the advertised time they may upon application 
for, and issuance of, a certificate of emergency by the tax 
commission, appoint some person as agent vi^ho shall have 
authority to conduct the sale and make the statutory return 
thereof, or who may adjourn the sale, as the collector could do, 
if present. 

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

[Approved February 27, 1945.] 



CHAPTER 26. 



AN ACT TO PENALIZE THE UNLAWFUL V^EARING OF MILITARY 
AND OTHER OFFICIAL UNIFORMS. 

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

1. Penalty. Amend chapter 143 of the Revised Laws by 
adding at the end thereof the following new section: 107. 
Unauthorized Wearing of Official Uniforms. Any person who, 
without authority under the laws of the United States or of 
this state, wears the uniform or a distinctive part thereof or 
a uniform or a part thereof similar to the uniform of the 
national guard of this state, or of another state, or naval 
militia of another state, or of the United States army, navy, 
marine corps, coast guard, or any auxiliary thereof, shall be 
fined not more than three hundred dollars or imprisoned for 
not more than six months, or both. As used in this section, 
the terms "uniform" or "part" or "distinctive part" of a uni- 
form shall not include such articles of wearing apparel as 
shoes, socks, shirts, ties, scarves, trousers, overalls, rain- 
coats, field jackets, and headgear, from which the service 
buttons, insignia, or other distinctive markings have been re- 
moved. 

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

[Approved February 27, 1945.] 



26 Chapters 27, 28 [ 1945 

CHAPTER 27. 

AN ACT RELATING TO CLERK HIRE IN THE PROBATE OFFICE OF 
GRAFTON COUNTY. 

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

1. Grafton County Probate Office. Amend section 22 of 
chapter 347 of the Revised Laws, as amended by chapters 63 
and 125 of the Laws of 1943, by striking out the word "three" 
in the eleventh hne 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, five hundred dollars. 
In Coos county, one hundred fifty dollars. 

2. Takes Effect. This act shall take effect as of January 1, 
1945. 

[Approved February 27, 1945.] 



CHAPTER 28. 



AN ACT RELATIVE TO DATE FOR EXAMINATION AND APPROVAL OF 
BONDS OF SHERIFFS. 

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

1. Change in Date. Amend section 6 of chapter 46 of the 
Revised Laws by striking out the word "March" in the second 
line and inserting in place thereof the word, December, so 
that said section as amended shall read as follows: 6. 
Sheriff's Bond. The clerk of the superior court for each 
county shall annually, before December first, lay before the 



1945] Chapters 29, 30 27 

court the sheriff's bond to the county, the sufficiency of which 
and of the sureties thereon shall be considered by the court, 
and a record of the sufficiency or insufficiency thereof shall be 
entered upon the docket. 

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

[Approved February 27, 1945.] 



CHAPTER 29. 



AN ACT RELATIVE TO JURISDICTION OF THE COURT OVER 
CHILDREN. 

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

1. Neglected and Delinquent Children. Amend section 1 of 
chapter 132 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 1. Age. This 
chapter shall apply only to those children under the age of 
eighteen years and any jurisdiction acquired by the court or 
the commissioner of public welfare, under order of the court, 
over a neglected child shall cease when said child arrives at 
the age of eighteen, provided, however, that in the case of a 
delinquent child over whom the court has acquired jurisdiction 
hereunder said jurisdiction shall continue until said child 
arrives at the age of twenty-one years of age unless he is 
previously discharged by the court, or jurisdiction over him 
released to the superior court. 

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

[Approved February 27, 1945.] 



CHAPTER 30. 

AN ACT RELATIVE TO INVESTMENTS BY GUARDIANS. 

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

1. Approved Investments by Guardians. Amend section 22 
of chapter 342 of the Revised Laws by adding at the end 



28 Chapter 31 [ 1945 

thereof the following new paragraph: V. In such bonds or 
stocks or other securities as a prudent man would purchase 
for his own investment having primarily in view the preser- 
vation of the principal and the amount and regularity of the 
income to be derived therefrom; provided, however, that not 
less than fifty per cent of the inventory or the cost value of 
the assets of the trust shall be invested in classes of property 
which quahfy under paragraphs I, II, and III of this section. 

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

[Approved February 27, 1945.] 



CHAPTER 31. 



AN ACT RELATIVE TO MANNER OF TAKING DEER IN THE TOWN OF 

MONT VERNON. 

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

1. Taking Wild Deer. Amend section 4, chapter 242 of 
the Revised Laws, as amended by section 1, chapter 135 of the 
Laws of 1943, by inserting after the word "Wilton" in tTie 
eighth line the words, Mont Vernon, 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- 
borough, Bennington, Deering, Francestown, Weare, Antrim, 
Hancock, Greenfield, New Boston, Lyndeborough, Temple, 
Sharon, New Ipswich, Greenville, Mason, Wilton, Mont Vernon 
and Peterborough in the county of Hillsborough; the towns 
of Andover, Chichester, Wilmot, Danbury, Canterbury, Hill, 
New London, Sutton, Bradford, Warner, Salisbury, Newbury, 
Webster, AUenstown, Pembroke, Loudon, Pittsfield, Epsom, 
Boscawen, Hopkinton, Dunbarton, Bow, Northfield, the east- 
ern part of the town of Hooksett bounded on the northeast 
by AUenstown, east by Deerfield, southeast by Candia, and 
west by the old Portsmouth Railroad, and Henniker in the 
county of Merrimack; the towns of Sanbornton, Alton, Gil- 
manton, Barnstead, Belmont, Meredith, Center Harbor, and 



• See also chapter 69, post. 



1945 ] Chapter 32 29 

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 February 27, 1945.] 



CHAPTER 32. 



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 governor, with the advice and con- 
sent of the council, is hereby authorized and directed to 
appoint a fiscal agent for the county of Coos who shall serve 
during their pleasure 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 governer shall approve. He shall 
be paid such salary, not exceeding three thousand, five 
hundred dollars per annum, as the governor and council 
shall prescribe and, in addition, shall be allowed his 
necessary traveling expenses while engaged in official busi- 
ness, provided, however, that he resides in Coos county during 
his term of office. His salary and expenses shall be paid by 
the county of Coos. 

3. Powers and Duties. The fiscal agent shall supervise 
and direct the incurring of obligations against and the ex- 
penditure of all funds which may be raised and appropriated 
for the benefit of said county. No obligation of said county 
shall be incurred by an officer thereof and no funds of said 
county shall be expended without the approval of said fiscal 
agent. He shall countersign all warrants or orders for the 
payment of any money drawn upon any funds held by the 
treasurer of Coos county, and said treasurer shall pay out no 
money unless upon warrant or order countersigned by such 



30 Chapter 32 [ 1945 

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, pro- 
vided, however, that if the sum borrowed under the provisions 
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 pro- 
visions of this act shall be signed by the fiscal agent and 
countersigned by the county treasurer. The clerk of the 
superior court for the county of Coos shall attest and record 
all such notes. 

4. Reports. The fiscal agent shall submit a quarterly re- 
port in writing to the governor and council, to the 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 aff'airs of 
the county. No moneys, however, shall be paid out except on 
the warrant or order of the fiscal agent. 

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

7. Takes Effect; Referendum. This act shall be efl'ective 
from April 1, 1945 to April 1, 1947. 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, 1946, the 
following question : "Do you approve of the extension of the 
act providing for a fiscal agent for the county of Coos ?" The 



1945 ] Chapter 33 31 

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 with- 
in two days after such election the result of the vote on the 
above question in their respective city or towns. The secre- 
tary of state shall canvass the votes as returned to him and 
shall report to the legislature af 1947 the result of the voting 
on said question. 

[Approved February 27, 1945.] 



CHAPTER 33. 



AN ACT RELATIVE TO MOTOR VEHICLE FINANCIAL 
RESPONSIBILITY. 

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

1. Motor Vehicle Financial Responsibility. Amend sec- 
tion 7 of chapter 122 of the Revised Laws by striking out said 
section and inserting in place thereof the following: 7. 
Application of Security. Security furnished in compliance 
with the requirements hereof shall be applicable only to the 
payment of a judgment against the depositor for damages 
arising out of the accident in question in an action at law in a 
court of this state begun not later than one year thereafter; 
and such deposit, or any balance thereof, after the expiration 
of such year, shall be returned to the depositor or his personal 
representative unless the commissioner shall have received a 
written notice from the aggrieved person or his representa- 
tive that suit has been brought. 

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

[Approved February 28, 1945.] 



32 Chapters 34, 35 [ 1945 

CHAPTER 34. 

AN ACT RELATIVE TO AUXILIARY TANKS ON COMMERCIAL 

VEHICLES. 

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

1. Prohibition. Amend chapter 120 of the Revised Laws, 
as inserted by chapter 65 of the Laws of 1943, by inserting 
after section 22 the following new section: 22-a. Auxiliary 
Tanks. No commercial motor vehicle or truck, except such 
vehicles or trucks owned or operated by distributors duly 
licensed hereunder or by persons regularly engaged in the 
transportation of petroleum products for sale, shall be 
operated upon the highways of this state equipped with or 
containing any fuel tank other than the ordinary standardized 
equipment fuel tank attached to and forming a part of said 
motor vehicle as furnished by the manufacturer of said motor 
vehicle, except as authorized by the commissioner. Whoever 
violates any of the provisions of this section shall be fined not 
more than one hundred dollars. 

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

[Approved February 28, 1945.] 



CHAPTER 35. 



AN ACT EXTENDING THE TIME FOR THE ESTABLISHMENT OF 

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. Extension of Time. Amend section 13 of chapter 160 
of the Laws of 1943 by striking out the figure "1945" in the 
fifth line and inserting in place thereof the figure, 1947, so 
that said section as amended shall read as follows: 13. 
Takes Effect; Limitation. This act shall take effect upon its 
passage, provided, however, that no appropriations 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, 1947. 



1945] Chapters 36, 37 33 

2. Increase in Authorized Amounts. Amend section 6 of 
chapter 160 of the Laws of 1943 by striking out the word 
"one-tenth" in the third line and inserting in place thereof the 
word, one-half, so that said section as amended shall read as 
follows: 6. Limitations on Appropriations. No town or 
village district shall raise and appropriate in any one year for 
such reserve an amount in excess of one-half of one per cent 
of the last assessed valuation of said town 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. 

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

[Approved March 1, 1945.] 



CHAPTER 36. 



AN ACT RELATIVE TO NONRESIDENT STUDENTS AT THE 
UNIVERSITY OF NEW HAMPSHIRE. 

Be it enacted by 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 re- 
strictions upon the number of new students entering the uni- 
versity from certain states are hereby suspended for two 
years from the date of taking effect of this act. 

2. Takes Effect. This act shall take effect as of July 1, 
1945. 

[Approved March 6, 1945.] 



CHAPTER 37. 



AN ACT RELATIVE TO CIVIL ACTIONS FOR RECOVERY OF EXPENSES 
INCURRED BY THE STATE OR TOWNS IN EXTINGUISHING 

FIRES. 

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

1. Extinguishment of Fires. Amend section 36 of chap- 
ter 233 of the Revised Laws by inserting after the word 



34 Chapter 38 [ 1945 

"town" in the fourth line the words, or the state or both, so 
that said section as amended shall read as follows: 36. 
Liability for Fires without Permit. Any person causing or 
kindling a fire without permit of the forest fire warden, when 
such permit is required, and any person by whose negligence 
or the negligence of his agents any fire shall be caused, shall 
be liable in a civil action for the payment to the town, or the 
state or both, of the expenses incurred by the forest fire 
warden or deputy warden in attending or extinguishing such 
fire. The items of expense of said fire shall be approved in 
writing by the state forester. 

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

[Approved March 6, 1945.] 



CHAPTER 38. 



AN ACT RELATING TO THE EXPEDITION OF TRIALS IN CRIMINAL 

CASES. 

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

1. Criminal Cases. Amend chapter 427 of the Pvevised 
Laws, by adding after section 1 the following new sections: 
1-a. Waiving Indictment. Any person who has been bound 
'over or committed under the provisions of section 5, or sec- 
tion 7, of chapter 421 of the Revised Laws, for trial in the 
superior court upon a complaint charging a crime not punish- 
able by death, and who desires to waive indictment, may apply 
in writing to the superior court for prompt arraignment upon 
such complaint. Upon the filing of such an application, the 
county solicitor may, with the approval of the court, proceed 
against the defendant by complaint, and in such case he shall be 
held to answer and the court shall have as full jurisdiction of 
the complaint as if an indictment had been found. The arraign- 
ment of the defendant shall be at such time as the court may 
designate. Every person when so committed or bound over 
upon such a complaint shall be notified by the court of his 
right to apply for waiver of indictment and prompt arraign- 
ment as aforesaid. 

1-b. Other Charges. If the county solicitor desires to 
charge a defendant making application hereunder with a crime 



1945 ] Chapter 39 35 

or crimes not punishable by death, other than a crime charged 
in the complaint upon which he has been so committed or 
bound over, the county solicitor may, before consenting to 
such application, prepare a complaint or complaints charging 
such other crime or crimes and serve the same upon the de- 
fendant in order that he may have an opportunity to waive in- 
dictment upon such other charges. If an application for 
waiver of indictment as to any such other charge is sub- 
sequently filed, the court shall, before approving such appli- 
cation, require an affidavit of service upon the defendant as 
part of the record of the case. The superior court shall by 
rule establish forms for application to waive indictment here- 
under and may by rule make such other regulations of pro- 
cedure hereunder as justice may require. 

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

[Approved March 6, 1945.] 



CHAPTER 39. 



AN ACT RELATIVE TO PUBLISHED NOTICE OF SPECIAL MEETINGS 
OF TOWNS, VILLAGE DISTRICTS AND SCHOOL DISTRICTS. 

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

1. Town Meetings. Amend chapter 57 of the Revised 
Laws, by inserting after section 3 the following new section: 
3-a. Special Meetings. The selectmen when calling a special 
town meeting shall, within one week after posting the warrant 
therefor, cause copy of said warrant to be published once in 
a newspaper of general circulation in said town. 

2. Village Districts. Amend chapter 70 of the Revised 
Laws, by inserting after section 13 the following new section: 
13-a. Special Meetings. The commissioners when calling a 
special district meeting shall, within one week after posting 
the warrant therefor, cause a copy of said warrant to be pub- 
lished once in a newspaper of general circulation in said dis- 
trict. 

3. School Districts. Amend chapter 139 of the Revised 
Laws, by inserting after section 7 the following new section: 
7-a. Special Meetings. The school board when calling a 



36 Chapters 40, 41 [ 1945 

special meeting shall, within one week after posting the 
warrant therefor, cause a copy of said warrant to be published 
once in a newspaper of general circulation in said district. 

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

[Approved March 6, 1945.] 



CHAPTER 40. 



AN ACT RELATIVE TO DESTRUCTION OF RECORDS BY THE BANK 

COMMISSIONER. 

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

1. Bank Commissioner. Amend chapter 307 of the Re- 
vised Laws by adding at the end thereof the following new 
section: 15. Disposal of Papers. The commissioner may 
destroy, at the end of six years from the time of filing, any 
records, reports or miscellaneous papers filed in his office 
which, in his opinion, are no longer of any value to the state. 

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

[Approved March 6, 1945.] 



CHAPTER 41. 

AN ACT RELATING TO PAYMENT TO TOWNS FOR FLOOD CONTROL. 

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

1. Flood Control. Amend section 4 of chapter 4 of the Re- 
vised Laws by striking out the word "five" in the seventh line 
and inserting in place thereof the word, ten, so that said sec- 
tion as amended shall read as follows: 4. Reimbursement 
to Cities and Towns Authorized. On or before the first day of 
October of each year, the state treasurer shall pay to each 
town and city in which any land or interest therein is acquired 
hereunder by the United States a sum equal to the taxes 
which would have been assessed against said lands or interest 
therein in such town if the same had been included in the list 



1945] Chapter 42 37 

of taxable property for such year, at the assessed valuation 
of the same as determined for the tax year 1939, for a period 
of ten years next ensuing the year said lands or interest 
therein becomes exempt from taxation, less any amount paid 
or due that town for that year by or from the United States 
or any agency thereof because of loss of taxable valuation, 
the amount of said payment to be determined by the tax com- 
mission and certified by it to the state treasurer on or before 
the fifteenth day of September of each year for which such 
reimbursement is to be made; and the governor is authorized 
to draw his warrant for the payment thereof out of any 
money in the treasury not otherwise appropriated. Provided, 
however, that no payments shall be made or required on 
account of reimbursement for loss of taxes on any structure 
which may be erected on such premises in connection with the 
construction or use of said project, or on account of any rail- 
road or other public utility which may be relocated as a re- 
sult of such acquisition and which thereafter is included in the 
list of taxable property in said town when relocated. 

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

[Approved March 6, 1945.] 



CHAPTER 42. 



AN ACT RELATIVE TO THE OPEN SEASON AND BAG LIMIT ON 

PHEASANTS. 

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

1. Open Season ; Bag Limit. Amend section 2, chapter 243 
of the Revised Laws, by striking out said section and insert- 
ing in place thereof the following: 2. Pheasants. Pheasants 
may be taken and possessed from October fifteenth to Novem- 
ber sixteenth. No person shall take more than two pheasants 
in any one day, of which not more than one shall be a hen 
pheasant. No person shall take more than ten pheasants in 
any one calendar open season, or have in his possession at one 
time more than two days' bag limit of pheasants. 

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

[Approved March 6, 1945.] 



38 Chapters 43, 44 [ 1945 

CHAPTER 43. 

AN ACT RELATIVE TO QUALIFICATIONS FOR OLD AGE ASSISTANCE. 

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

1. Institutional Care. Amend subsection (a) of section 12 
of chapter 126 of the Revised Laws by adding the word, 
pubhc, between the words "continued" and "institutional' in 
the third line, so that said subsection as amended shall read 
as follows : (a) " For the purposes hereof a person shall be 
eligible for aid to the aged who is sixty-five years of age; is 
not on account of his physical condition in need of continued 
public institutional care; is a citizen of the United States and 
has been a resident of the state for at least five years within 
the nine years immediately preceding his application for such 
aid and has resided in the state continuously for one year im- 
mediately preceding said application. 

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

[Approved March 6, 1945.] 



CHAPTER 44. 



AN ACT RELATIVE TO INFORMATION TO BE FURNISHED TO THE 

COMMISSIONER OF MOTOR VEHICLES RELATIVE TO 

LICENSES OF OPERATORS. 

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

1. Motor Vehicles. Amend section 1 of chapter 116 of the 
Revised Laws by striking out the words, "Such application 
shall be sworn to before a justice of the peace, notary public, 
town or city clerk, or selectman" in the eighth and ninth lines 
and inserting in place thereof the words. Such application 
shall contain the words, This application is signed under 
penalty of perjury, so that said section as amended shall read 
as follows : 1. Application. Application for the registration 
of motor vehicles may be made by the owner thereof by mail 
or otherwise to the commissioner, upon blanks prepared under 
his authority. The application shall contain, in addition to 
such other particulars as may be required by the commis- 



1945 ] Chapter 44 39 

sioner, a statement of the name, residence, and street address 
of the applicant, with a brief description of the motor vehicle, 
including the name of the maker, the number, if any, affixed 
by the maker, and the character of the motor power. Such 
application shall contain the words, "This application is signed 
under penalty of perjury." The proper fee shall be deposited 
before the application is granted. 

2. Notification Required. Amend chapter 116 of the Re- 
vised Laws by inserting after section 1 the following new sec- 
tion: 1-a. Change of Name or Address. Whenever the 
owner of a motor vehicle, which has been duly registered in 
the state, shall change his legal name or his permanent resi- 
dence, he shall immediately notify the commissioner in writ- 
ing of such change. 

3. Operators' Licenses. Amend section 1 of chapter 117 
of the Revised Laws by striking out the words "Such appli- 
cation shall be sworn to before a justice of the peace, notary 
pubhc, town or city clerk, or selectman" in the fifth and sixth 
lines, and inserting in place thereof the words. Such appli- 
cation shall contain the words, "This application is signed 
under penalty of perjury" so that said section as amended 
shall read as follows: 1. Application. Except as herein 
otherwise provided, no person shall operate a motor vehicle 
within this state until he shall have obtained a license for that 
purpose. Applications for such license may be made by mail 
or otherwise to the commissioner on blanks prepared under 
his authority. Such application shall contain the words, "This 
application is signed under penalty of perjury." The proper 
fee shall be deposited before the application is granted. 

4. Notification Required. Amend chapter 117 of the Re- 
vised Laws by adding after section 1 the following new 
section: 1-a. Change of Name or Address. Whenever any 
person who has been duly licensed to operate a motor vehicle 
within this state shall change his legal name or his permanent 
residence he shall immediately notify the commissioner in 
writing of such change. 

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

[Approved March 7, 1945.] 



40 Chapters 45, 46 [ 1945 

CHAPTER 45. 

AN ACT TO PROVIDE 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. Amend 
section 35 of chapter 116 of the Revised Laws by striking out 
the whole thereof and substituting therefor the following: 
35. Operation Without Registration; Reciprocity. A motor 
vehicle, trailer or semi-trailer owned by a nonresident and 
duly registered for the current year in the state, district or 
country of which the owner is a resident may be operated up- 
on 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 
similar privileges for the operation of such vehicles owned by 
residents of this state and registered under its laws. The 
commissioner for the purposes of this section shall determine 
the nature and extent of the privileges for the operation of 
motor vehicles granted by other states, districts or countries 
to residents of this state and his determination shall be final. 

2. Repeal. Sections 30, 31, 32, 33, 34, 38 and 41 of 
chapter 116 of the Revised Laws are hereby repealed. 

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

[Approved March 7, 1945.] 



CHAPTER 46. 

AN ACT RELATING TO THE TAKING OF BEAVER. 

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, as amended by section 1, chapter 64 of the Laws of 
1943, by striking out said section and inserting in place there- 
of the following: 6. Open Season. In any county, or part 
thereof, during any part of the months of March and April 
the director, with the approval of the commission, may de- 
clare an open season on beaver if he deems that beaver are 



1945] Chapter 47 41 

detrimental to fishing or hunting or to himber operations, or 
if he receives written complaint from a water company or a 
landowner that beaver are polluting a water supply or doing 
actual and substantial damage to property. 

2. Bag Limit. Amend section 8 of chapter 244 of the Re- 
vised Laws by adding at the end thereof the following: No 
person shall take more than five beaver in any one such open 
season, so that said section as amended shall read as follows: 
8. Trapping; Bag Limit. During said open season any resi- 
dent of the state holding a trapping license may take and 
possess beaver by means of traps only. No person shall take 
more than five beaver in any one such open season. 

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

[Approved March 14, 1945.] 



CHAPTER 47. 

AN ACT RELATING TO RECOUNTS AFTER BIENNIAL ELECTIONS. 

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

1. Requests for Recounts. Amend section 104 of chap- 
ter 34 of the Revised Laws, as amended by section 1 of 
chapter 2 of the Laws of 1943, by striking out said section, 
and inserting in place thereof the following: 104. Biennial 
Elections. If any candidate, excepting candidates for county 
offices and excepting as otherwise provided in this section, for 
whom a vote was cast and recorded for any ofl^ice at a biennial 
election shall, before the expiration of ten days thereafter, 
apply in writing to the secretary of state for a recount of all 
the ballots cast and recorded for such office and shall state 
in his application the names of all opposing candidates, the 
secretary of state shall appoint a time for the recount not 
earlier than ten days after the receipt of the application. No 
person shall be entitled to a recount upon his own application 
unless the difference between the vote cast for him and the 
vote cast for his closest opposing candidate who received 
sufficient votes to be declared elected shall be one per cent or 
less of the total vote so cast for such office or for such candi- 
dates. If such difference is greater than one per cent the 
application of a person shall require the number of signatures 



42 Chapter 48 [ 1945 

of qualified voters as provided by section 64 of chapter 33 for 
nomination papers, and in the same manner and form as piro- 
vided in section 62 of said chapter 33, except that in no event 
shall the number of signatures so required exceed ten per 
cent of the total vote so cast, or, in lieu of the signatures 
herein required, a person may agree in writing with the secre- 
tary of state to pay the full expense of such recount, in which 
event he shall deposit with said secretary an amount of money 
reasonably estimated to cover such expense, which shall be 
subject to an accounting at the conclusion of said recount or a 
full refund if said person is declared elected by reason of said 
recount. All contested elections for county offices shall be 
determined in accordance with the provisions of chapter 45. 

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

[Approved March 15, 1945.] 



CHAPTER 48. 



AN ACT RELATIVE TO USE OF AGRICULTURAL VEHICLES AND 

TRUCKS. 

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

1. Transportation of Animals and Agricultural Products 
for Exhibition Purposes. Amend paragraph IV of section 1, 
chapter 118 of the Revised Laws, by inserting after the word 
"operated" in the ninth line the words, or used to transport 
animals and agricultural products to agricultural fairs and 
exhibits for exhibition purposes only, so that said paragraph 
as amended shall read as follows: IV. For each tractor 
used for agricultural purposes only, each vehicle of the tractor 
type used for agricultural purposes only and used to draw 
another vehicle in such a way that a part of the load is carried 
on such towing vehicle, each tractor used for power purposes 
only that does not haul loads on the public highways, except 
as hereinbefore provided for tractor type vehicles, each 
tractor or truck used only on snow and each snowmobile, two 
dollars. Each commercial vehicle or truck used for agri- 
cultural purposes only and used on the public highways within 
a radius of five miles from the main entrance of the farm 



1945 ] Chapter 49 43 

upon which said vehicle is operated, or used to transport 
animals and agricultural products to agricultural fairs and 
exhibits for exhibition purposes only, two dollars, provided 
that said vehicle under such limited registration shall not be 
used for the purpose of transporting produce or goods for sale 
or for hire. 

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

[Approved March 15, 1945.] 



CHAPTER 49. 

AN ACT RELATING TO INSPECTION OF SCHOOL BUSSES. 

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

1. School Busses. Amend section 14 of chapter 119 of the 
Revised Laws by inserting after the word "children" in the 
third line the words, to any public school, further amend by 
adding at the end thereof the following : Said inspection shall 
be made before any motor vehicle transporting ten or more 
school children to any public school is used for said trans- 
portation. The commissioner shall cause to be issued some 
identification if such vehicle is approved as a school bus, so 
that said section as amended shall read as follows: 14. In- 
spection of School Busses. The commissioner shall have 
authority, through his duly authorized agents, to inspect any 
motor vehicle used for the purpose of transporting school 
children to any public school to determine its fitness for such 
purpose, and if he finds that such vehicle is unfit, he may re- 
fuse to permit it to be designated as a school bus. Said in- 
spection shall be made before any motor vehicle transporting 
ten or more school children to any public school is used for 
said transportation. The commissioner shall cause to be 
issued some identification if such vehicle is approved as a 
school bus. 

2. Takes Effect. This act shall take effect July 1, 
1945. 

[Approved March 15, 1945.] 



44 Chapters 50, 51, 52 [ 1945 

CHAPTER 50. 

AN ACT RELATING TO THE TAXATION OF REAL ESTATE OF THE 

UNITED STATES. 

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

1. Taxation. Amend section 7 of chapter 73 of the Re- 
vised Laws by striking out the words "United States" as they 
appear in lines 3 and 4 of said section, so that said section as 
amended shall read as follows: 7. Real Estate. Real estate, 
whether improved or unimproved, and whether owned by resi- 
dents or others, is liable to be taxed, except houses of public 
worship, schoolhouses, seminaries of learning, real estate of 
the state, county, or town used for public purposes, and as 
otherwise provided. 

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

[Approved March 15, 1945.] 



CHAPTER 51. 

AN ACT RELATING TO RECORDS IN THE BUREAU OF LABOR. 

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

1. Disposal of Records. Amend chapter 210 of the Re- 
vised Laws by adding the following new section after sec- 
tion 6: 6-a. Disposal of Papers. The commissioner may 
destroy, at the end of ten years from the time of filing, re- 
ports, records, and other documents which are, in his opinion, 
no longer of any value to the state. 

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

[Approved March 15, 1945.] 



CHAPTER 52. 

AN ACT RELATIVE TO RECORDING MORTGAGES OF PERSONAL 

PROPERTY. 

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

1. Recording Mortgages. Amend chapter 262 of the Re- 
vised Laws by inserting after section 3 the following new 



1945] Chapter 53 45 

section : 3-a. Buildings on Land of Separate Owners. Where 
the mortgaged property consists of any building situated on 
land not belonging to the owner of the building, the mortgage 
thereon shall be recorded in the office of the clerk of the town 
in which the building is situated and also in the office of the 
register of deeds for the county in which the land is situated. 

2. In Unorganized Places. Amend section 5 of said chap- 
ter 262 by striking out the same and inserting in place there- 
of the following: 5. If No Clerk. If there is no such clerk, 
the mortgage shall be recorded in the office of the register of 
deeds for the county in which which such unorganized place 
is located. 

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

[Approved March 15, 1945.] 



CHAPTER 53. 

AN ACT RELATIVE TO COURT FEES FOR SHERIFFS AND DEPUTIES. 

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

1. Court Fees. Amend paragraph VI of section 28 of 
chapter 880 of the Revised Laws by striking out said para- 
graph and inserting in place thereof the following: VI. For 
each day of any session of the superior court, the sheriff, five 
dollars a day; for each day's actual attendance at the superior 
court by order thereof, each deputy, seven dollars a day; for 
each day's actual attendance at the supreme court by order 
thereof, the sheriff and each deputy, seven dollars a day; in 
addition, the sheriff and each deputy, traveling expenses to 
attend any court; said fees and expenses to be audited and 
allowed by the court, to be paid out of the county treasury. 
For attending before a justice or municipal court, on trials 
where his presence is required, each day, one dollar. 

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

[Approved March 15, 1945.] 



46 Chapter 54 [ 1945 

CHAPTER 54. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR MEMORIALS 

FOR VETERANS. 

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

1. Town Appropriations. Amend paragraph X of section 4, 
chapter 51, of the Revised Laws by adding in the fifth line 
after the word "Legion" the words, the Disabled American 
Veterans, so that said paragraph as amended shall read as 
follows : X. Memorials. To procure and establish a monu- 
ment, memorial building, or testimonial to the services of 
soldiers and sailors of such town; to celebrate their return 
and to provide, or defray the expense of procuring, a suitable 
meeting place in the town for a post of the Grand Army of 
the Republic, United Spanish War Veterans, American Legion, 
the Disabled American Veterans, or Veterans of Foreign 
Wars. 

2. Disabled American Veterans. Amend paragraph XI of 
said section 4 by inserting after the word "Legion" in the 
fifth line the words, the Disabled American Veterans, so that 
said paragraph as amended shall read as follows: XL 
Memorial Day. To defray the expense of decorating the 
graves of soldiers and sailors who have served in the army or 
navy of the United States in time of war, not exceeding six 
hundred dollars yearly, to be given to and expended by com- 
mittees appointed by the Grand Army of the Republic, the 
United Spanish War Veterans, the American Legion, the Dis- 
abled American Veterans, or the Veterans of Foreign Wars, 
so long as they shall continue the services of Memorial day 
as originally established and now observed, and thereafter to 
such persons or organizations as shall continue such services 
in the several towns. 

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

[Approved March 15, 1945.] 



1945 ] Chapter 55 47 

CHAPTER 55. 

AN ACT TO PROVIDE FOR THE RECEIVING, AS PRIMA FACIE 

EVIDENCE IN ANY COURT, OFFICIAL FINDINGS OF DEATH, 

PRESUMED DEATH, MISSING OR OTHER STATUS, 

OF MISSING PERSONS. 

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

1. Evidence of Death or Other Status. Amend the Re- 
vised Laws by adding after chapter 352 the following new 
chapter : 

352-A 
Evidence of Death or Other Status 

1. Official Findings of Death; Effect of. A written finding 
of presumed death, made by the secretary of war, the secre- 
tary of the navy, or other officer or employee of the United 
States authorized to make such finding, pursuant to the 
Federal Missing Persons Act (56 Stat. 143, 1092, and P. L. 
408, Ch. 371, 2d Sess. 78th Cong.; 50 U. S. C. App. Supp. 
1001-17), as now or hereafter amended, or a duly certified 
copy of such finding, shall be received in any court, office or 
other place in this state as prima facie evidence of the death 
of the person therein found to be dead, and the date, circum- 
stances and place of his disappearance. 

2. Missing in Action. An official written report or record, 
or duly certified copy thereof, that a person is missing, miss- 
ing in action, interned in a neutral country, or beleaguered, 
besieged or captured by an enemy, or is dead, or is alive, 
made by an officer or employee of the United States author- 
ized by the act referred to in section 1 or by any other law of 
the United States to make same, shall be received in any court, 
office or other place in this state as prima facie evidence that 
such person is missing, missing in action, interned in a 
neutral country, or beleaguered, besieged or captured by an 
enemy, or is dead, or is alive, as the case may be. 

3. Prima Facie Evidence of Signature. For the purposes 
of sections 1 and 2 hereof any finding, report or record, or 
duly certified copy thereof, purporting to have been signed by 
such an officer or employee of the United States as is de- 
scribed in said sections, shall prima facie be deemed to have 
been signed and issued by such an officer or employee pursuant 
to law, and the person signing same shall prima facie be 



48 Chapter 56 [ 1945 

deemed to have acted within the scope of his authority. If a 
copy purports to have been certified by a person authorized 
by law to certify the same, such certified copy shall be prima 
facie evidence of his authority so to certify. 

4. Separability. If any provision of this chapter or the 
application thereof to any person or circumstance be held in- 
valid, such invalidity shall not affect any other provision or 
application of the act which can be given effect without the 
invalid provision or application, and to this end the provisions 
of this chapter are declared to be severable. 

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

[Approved March 15, 1945.] 



CHAPTER 56. 



AN ACT RELATIVE TO THE MEMBERSHIP OF THE BOARD OF 
REGISTRATION IN OPTOMETRY. 

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

1. Optometry Board. Amend section 2 of chapter 253 of 
the Revised Laws, as amended by chapter 138 of the Laws of 
1943, by striking out the word "four" in the second line and 
inserting in place thereof the word, five, and by striking out 
the words in the same line "and one oculist" so that said 
section as amended shall read as follows: 2. Eligibility. 
There shall be a board of registration in optometry consist- 
ing business in the state. No person shall be eligible to serve 
ing of five skilled optometrists of good repute residing and do- 
on said board unless he shall have been engaged in the practice 
of his profession for a period of not less than six years 
previous to his appointment. 

2. Takes Effect. This act shall take effect as of July 1, 
1945. 

[Approved March 16, 1945.] 



1945] Chapters 57, 58, 59 49 

CHAPTER 57. 

AN ACT RELATIVE TO NOTICE OF RECOUNTS AFTER BIENNIAL 

ELECTIONS. 

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

1. Recounts after Biennial Elections. Amend section 105 
of chapter 34 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 105. Notice. 
Such recount shall take place in the state house, and the secre- 
tary of state, not less than seven days prior to the date of the 
recount, shall give notice thereof to the applicant and each of 
the opposing candidates. 

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

[Approved March 16, 1945.] 



CHAPTER 58. 



AN ACT RELATIVE TO EMPLOYMENT EXCLUSIONS UNDER THE UN- 
EMPLOYMENT COMPENSATION LAW. 

Be it enacted by the Senate and House of Representatives in 
Gene7ul Court convened: 

1. Employment Exclusions. Amend section 1 of chap- 
ter 218 of the Revised Laws by adding after subparagraph 
(4) (n) a new subparagraph to read as follows: (o) Service 
performed in any calendar quarter by an individual in the em- 
ploy of a labor organization exempt from income tax under 
section 101 of the Federal Internal Revenue Code, if the re- 
muneration for such service during such calendar quarter 
does not exceed forty-five dollars. 

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

[Approved March 20, 1945.] 



CHAPTER 59. 

AN ACT RELATING TO THE IMPORTATION OF DOMESTIC ANIMALS. 

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

1. Importations. Amend section 54, chapter 229 of the 
Revised Laws by striking out the word "accredited" in the 



50 Chapter 60 [ 1945 

sixth line so that said section as amended shall read as 
follows : 54. Importations. In no case shall compensation be 
allowed for any animals destroyed which may have contracted, 
or been exposed to, such disease in a foreign country, or on the 
high seas, or which have been brought or shipped into this 
state, within three months previous to showing evidence of 
such disease, except animals that have been imported directly 
from tuberculosis or Bang's disease free herds, and are accom- 
panied by properly approved health charts certifying to same ; 
and the owner or person in possession thereof shall furnish 
satisfactory evidence as to the time during which such animals 
have been owned in the state. 

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

[Approved March 20, 1945.] 



CHAPTER 60. 



AN ACT RELATIVE TO POWERS OF CERTAIN V^AR VETERANS WHO 

ARE MINORS. 

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

1. Rights of Minors.* Any war veteran as defined in the 
United States Servicemen's Readjustment Act of 1944 and 
amendments thereto, known as the "G. I. Bill of Rights," who 
is under twenty-one years of age, of sound mind and who has 
been discharged other than dishonorably from said war 
service, may mortgage real estate owned by him, may buy 
real estate and execute a mortgage to cover the purchase 
money, or execute a deed for the sale of the real estate so 
purchased, or to sign notes, secured or unsecured, as provided 
in said act, in the same manner and effect as though he were 
twenty-one years of age. Any mortgage or note so contracted 
by such veteran shall become his legal obligation to the same 
extent that it would be if he were twenty-one years of age and 
the holder of any such mortgage shall have the same rights of 
foreclosure as he would have were said veteran twenty-one 
years of age. If any such veteran is under guardianship and 
wishes to take advantage of the provisions of this act he shall 
file in probate court a certificate of such election and describe 



* See chapter 178, Post. 



1945] Chapter 61 51 

the real or personal estate which he is to mortgage, buy or 
sell, and said certificate shall be construed by said court as 
relieving the guardian of care and management of that portion 
of said estate and said court shall allow the filing of such 
amended inventory as may be just and authorize the adjust- 
ment of the bond of said guardian. 

2. Takes Effect. This act shall take effect upon its 
passage and shall terminate ten years thereafter unless pre- 
viously terminated by legislatuve act. 

[Approved March 20, 1945.] 



CHAPTER 61. 

AN ACT RELATIVE TO LEGAL LENGTH OF MOTOR VEHICLES. 

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

1. Legal Length of Motor Vehicles. Amend section 38 of 
chapter 119 of the Revised Laws, as amended by chapter 108 
of the Laws of 1943, by striking out the word "thirty-three" 
in the third line and inserting in plaCe thereof the word, 
thirty-five, so that said section as amended shall read as 
follows: 38. Width and Leng^th. No vehicle whose width 
including load is greater than ninety-six inches, or whose 
length including load is greater than thirty-five feet, and no 
combination of wheels coupled together whose total length, in- 
cluding load, is greater than forty-five feet, shall be operated 
on the highways 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 excluded six inches of any increase in width due to 
changing to low pressure tire equipment from other tire 
equipment. 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. 

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

[Approved March 20, 1945.] 



52 Chapter 62 [ 1945 

CHAPTER 62. 

AN ACT TO FIX THE STANDARD WEIGHTS OF CONTAINERS FOR 

WHEAT AND CORN FLOURS, CORN MEALS, HOMINY, AND 

HOMINY GRITS. 

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

1. Weights and Measures. Amend chapter 192 of the Re- 
vised Laws by inserting after section 30 the following new 
section: 30-a. Flour and Meal Containers. It shall be un- 
lawful for any person to pack for sale, sell, offer or expose for 
sale in this state any of the following commodities except in 
containers of net avoirdupois weights of two, five, ten, twenty- 
five, fifty, and one hundred pounds, and multiples of one hun- 
dred pounds: Wheat flour, self-rising wheat flour, phosphated 
wheat flour, bromated fiour, enriched flour, enriched self-ris- 
ing flour, enriched bromated flour, corn flour, corn meals, 
hominy and hominy grits; provided, however, that the pro- 
visions of this section shall not apply to (a) the retailing of 
flours, meals, hominy and hominy grits direct to the consumer 
from bulk stock, or (b) the sale of flours and meals to com- 
mercial bakers or blenders or for export in containers of more 
than one hundred pounds, or (c) flours, meals, hominy and 
hominy grits packed in cartons the net contents of which are 
less than five pounds, or (d) the exchange of wheat for flour 
by mills grinding for toll. 

2. Fines. Amend section 31 of said chapter 192 by in- 
serting after the figure "29" the words and figure, or section 
30-a, so that said section as amended shall read as follows: 
31. Penalty. Any person violating section 29 or section 30-a 
shall be fined not less than twenty nor more than two hundred 
dollars. 

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

[Approved March 20, 1945.] 



1945] Chapters 63, 64 53 

CHAPTER 63. 

AN ACT RELATIVE TO REVOCATION OF FISH AND GAME LICENSES 
FOR SHOOTING ACCIDENTS. 

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

1. Fishing Licenses. Amend section 35 of chapter 241 of 
the Revised Laws by striking out the words "for a period of 
five years"; further amend by adding at the end thereof the 
words: At the discretion of the director and the commis- 
sion his Kcense may be returned or a special license for fishing 
only may be issued to said person upon payment of the same 
fee as for a hunting and fishing license, so that said section 
as amended shall read as follows: 35. Shooting Human Be- 
ings in Mistake. Any person who shall shoot at a human be- 
ing in mistake for game or any wild animal, and through such 
shooting shall wound or kill such human being, shall be fined 
not more than one thousand dollars, or imprisoned not more 
than two years, or both, and in addition thereto his license 
shall be revoked. At the discretion of the director and the 
commission his license may be returned or a special license 
for fishing only may be issued to said person upon payment 
of the same fee as for a hunting and fishing license. 

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

[Approved March 20, 1945.] 



CHAPTER 64. 

AN ACT RELATIVE TO STANDARDS FOR FARM PRODUCTS. 

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

1. Farm Products. Amend section 31 of chapter 223 of 
the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 31. Use Restricted. 
After the establishment of grades and standards and the de- 
termination of the design of the brands or labels as herein pro- 
vided, it shall be unlawful to use said brand or label to identify 
farm products as being of a grade or standard established as 
aforesaid without authorization for its use, or after the re- 



54 • Chapter 65 [ 1945 

vocation of the right to use such brand or label by the com- 
missioner. For the purpose of further protecting the grades 
as officially established and promulgated by him, or any grades 
established under an act of congress by the United States De- 
partment of Agriculture on the same products it shall be un- 
lawful to use the officially designated grade words, titles or 
names for the purpose of identifying, advertising, designating 
or describing any lots of such products unless such products 
fully meet the requirements of the official grade indicated. 
When in the opinion of the commissioner or his representative 
it is believed that any lot or lots of such products so identified, 
advertised, designated or described may not be of the grade 
indicated, he shall cause inspections of such products to be 
made for the purpose of determining the actual grade thereof. 

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

[Approved March 20, 1945.] 



CHAPTER 65. 

AN ACT RELATING TO FINES COLLECTED BY A MUNICIPAL COURT. 

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

1. Fines Collected. Amend section 30 of chapter 118 of 
the Revised Laws by adding at the end thereof the following: 
Provided, however, that ten per cent of the amount of all such 
fines collected by a municipal court shall be deducted and the 
same shall be forwarded to the town treasurer of the town 
where said court is located. The sums so paid into the town 
treasury shall be used for the expenses of the municipal court 
and any balance thereof shall be for the use of the town; so 
that said section as amended shall read as follows: 30. Dis- 
posal of Fees, etc. All fees and fines received by any person 
under the provisions of any laws of the state relative to the 
use and operation of motor vehicles, shall be paid to the com- 
missioner within five days after the receipt thereof, and all 
moneys received by the commissioner shall be paid monthly 
to the state treasurer. Provided, however, that ten per cent 
of the amount of all such fines collected by a municipal court 
shall be deducted and the same shall be forwarded to the town 



1945] Chapter 66 55 

treasurer of the town where said court is located. The sums 
so paid into the town treasury shall be used for the expenses 
of the municipal court and any balance thereof shall be for 
the use of the town. 

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

[Approved March 20, 1945.] 



CHAPTER 66. 



AN ACT RELATIVE TO THE COMPENSATION OF THE COMMISSION- 
ERS AND TREASURER OF CARROLL COUNTY. 

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

1. Carroll County. Amend section 27 of chapter 47 of the 
Revised Laws, as amended by chapters 119, 150, 195 and 202 
of the Laws of 1943, by striking out the words "Carroll and 
Coos counties" in the twelfth line and inserting in place there- 
of the words, Coos county, and by inserting after the word 
"provided" in the fourteenth line the words ; In Carroll county 
each commissioner, when employed in the business of the 
county, shall receive eight dollars a day, payable as herein- 
before provided, 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 Coos county each commissioner, when employed in the 
business of the county, shall receive five dollars a day, payable 
as hereinbefore provided. In Carroll county each commis- 
sioner, when employed in the business of the county, shall 
receive eight dollars a day, payable as hereinbefore provided. 
To the foregoing sums shall be added, in all the counties, a 



* See chapter 163, post. 



56 Chapter 67 [ 1945 

reasonable sum for all necessary expenses, upon order of the 
county auditors. 

2. Compensation of Treasurer. Amend section 13 of chap- 
ter 48 of the Revised Laws by striking out the word "four" 
in the seventh line and inserting in place thereof the word, 
five, so that said section as amended shall read as follows: 
13. Salaiies. The annual salaries of the treasurers of the 
several counties, to be in full for their services and allowances 
of every kind, except as hereinafter provided, shall be as 
follows : 

In Rockingham, eight hundred dollars. 

In Strafford, four hundred dollars. 

In Belknap, three hundred dollars. 

In Carroll, five hundred dollars. 

In Merrimack, four hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, two hundred dollars. 

In Sullivan, four hundred dollars. 

In Grafton, three hundred dollars. 

In Coos, four hundred dollars. 

To the foregoing sums shall be added a reasonable sum 
for all necessary expenses upon order of the county commis- 
sioners. 

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

[Approved March 20, 1945.] 



CHAPTER 67. 

AN ACT TO PREVENT THE NETTING OR SEINING OF STRIPED BASS. 

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

1. Regulations. Amend chapter 245 of the Revised Laws 
by inserting after section 59 the following new section: 59-a. 
Striped Bass. No person shall take striped bass by the use of 
a seine, weir or net. 

2. Fines. Amend section 65 of said chapter 245 by strik- 
ing out the word and figure "and 59" in the second line and 
by inserting in place thereof the word and figures, 59 and 
59-a, so that said section as amended shall read as follows : 65. 



1945] Chapters 68,69 57 

Penalties. A person who violates a provision of this sub- 
division shall be fined as follows: For each violation of 
sections 57, 58, 59 and 59-a, not more than fifty dollars; of 
sections 60 to 62 inclusive, not more than ten dollars. 

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

[Approved March 21, 1945.] 



CHAPTER 68. 

AN ACT RELATIVE TO DISBURSEMENT OF TOWN TRUST FUNDS. 

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

1. Town Trust Funds. Amend section 22, chapter 51, Re- 
vised Laws, as amended by section 1, chapter 70, Laws of 
1943, by adding at the end of said section the words, and shall 
require a voucher before making any disbursement of funds 
from said trusts, so that said section as amended shall read as 
follows: 22. Trustees. All such trusts shall be adminis- 
tered by a board of three trustees. One trustee shall be 
elected by ballot at each annual town meeting for a term of 
three years. Vacancies 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, and shall require a voucher before 
making any disbursement of funds from said trusts. 

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

[Approved March 21, 1945.] 



CHAPTER 69. 



AN ACT RELATIVE TO TAKING WILD DEER IN THE CITY OF 
FRANKLIN. 

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

1. Wild Deer; Taking. Amend section 4 of chapter 242 of 
the Revised Laws, as amended by section 2, chapter 135, Laws 



58 Chapter 70 [ 1945 

of 1943, and by section 1, chapter 31, Laws of 1945, by in- 
serting after the word "Henniker" in the sixteenth Hne the 
words, and the city of Frankhn, 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- 
borough, Bennington, Deering, Francestown, Weare, Antrim, 
Hancock, Greenfield, New Boston, Lyndeborough, Temple, 
Sharon, New Ipswich, Greenville, Mason, Wilton, Mont 
Vernon, and Peterborough in the county of Hillsborough; the 
towns of Andover, Chichester, Wilmot, Danbury, Canterbury, 
Hill, New London, Sutton, Bradford, Warner, Salisbury, New- 
bury, Webster, Allenstown, Pembroke, Loudon, Pittsfield, 
Epsom, Boscawen, Hopkinton, Dunbarton, Bow, Northfield, the 
eastern part of the town of Hooksett bounded on the north- 
east by Allenstown, east by Deerfield, southeast by Candia, 
and west by the old Portsmouth Railroad, and Henniker and 
the city of Franklin in the county of Merrimack; the towns 
of Sanbornton, Alton, Gilmanton, Barnstead, Belmont, Mere- 
dith, Center Harbor, and New Hampton in the county of Bel- 
knap, and the towns of Candia, Auburn, Deerfield, Northwood, 
Nottingham, Raymond and Epping in the county of Rocking- 
ham. 

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

[Approved March 22, 1945.] 



CHAPTER 70. 



AN ACT RELATING TO POSTAGE EXPENSES IN SMALL CLAIMS 

LITIGATION. 

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

1. Postage Expense. Amend section 4 of chapter 378 of 
the Revised Laws by striking out the word "twenty-one" in 
the second line and inserting in place thereof the words, plus 
the amount, so that said section as amended shall read as 
follows: 4. Disposition of Fees. Of the amount of the 



1945] Chapter 71 59 

entry fee the justice shall be allowed the sum of one dollar 
for his services, plus the amount to be used for postage for 
notice to the defendant, twenty-five cents for the use of the 
town in which the court is established and twenty-five cents 
for the clerk of the court, provided that in towns where there 
is no clerk of the municipal court in addition to the one dollar 
the justice shall be allowed twenty-five cents for his services 
as such clerk. 

2. Small Claims. Amend section 3 of chapter 378 of the 
Revised Laws by striking out the word "seventy-one" in the 
fifth line and inserting in place thereof the word, fifty, and 
by adding at the end thereof the words, plus the amount for 
postage as provided in section 4, so that said section as 
amended shall read as follows: 3. Process. A plaintiff or 
his authorized attorney hereunder shall state the substance 
of his claim to the justice or clerk of the municipal court hav- 
ing jurisdiction thereof who shall briefly record the nature of 
the claim and set a date for hearing. The plaintiff or his 
authorized attorney shall at the same time pay an entry fee 
of one dollar and fifty cents, plus the amount for postage as 
provided in section 4. 

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

[Approved March 22, 1945.] 



CHAPTER 71. 

AN ACT RELATING TO TAXES ON INSURANCE COMPANIES. 

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

1. License Fees. Amend section 24 of chapter 323 of the 
Revised Laws by striking out the words "a foreign" and insert- 
ing in place thereof the words, every insurance, so that said 
section as amended shall read as follows: 24. Fees. Every 
insurance company shall pay a fee of two dollars for every 
such license and for each renewal thereof. 

2. Annual Statements. Amend section 37 of chapter 323 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 37. Reports. Every insur- 
ance company doing business in this state shall, on or before 



60 Chapter 71 [1945 

the first of March each year, make and transmit to the com- 
missioner a statement, under oath of its president and secre- 
tary, in accordance with blanks to be furnished by him, 
showing the amount of its capital stock, assets, liabilities, out- 
standing risks, premium notes, receipts, expenditures, losses, 
assessments, salaries and emoluments, and any other infor- 
mation calculated to fully disclose the condition and method 
of management of the company for the year ending the pre- 
ceding December thirty-first, which statement shall include 
the whole amount of premiums written during the preceding 
year for insurance on property or risks located or persons 
resident in this state. The commissioner may require a like 
statement or further information at any other time. 

3. Later Filings. Amend chapter 323 of the Revised Laws 
by inserting after section 37 the following new section: 37-a. 
Extension of Time. The commissioner may extend the time 
for filing such statement for cause shown for a period of not 
more than sixty days. Life insurance companies shall not be 
required to file that part of their annual statement known as 
the gain and loss exhibit until the succeeding May first. 

4. Fees and Taxes. Amend chapter 323 of the Revised 
Laws, as amended by chapter 105 of the Laws of 1943, by add- 
ing at the end thereof the following new subdivision : 

Company Fees and Taxes 

57. Fees. Every insurance . company shall, for the 
privilege of doing business in this state, pay to the commis- 
sioner the sum of thirty-five dollars upon the filing of its 
application for admission herein and a like sum annually 
thereafter, on or before April first. Said sum shall cover all 
fees, including that for filing, charter and by-laws, annual 
statement, application for license, including renewal thereof, 
and all other statements, bonds, documents or papers, except 
fees for agents' licenses and renewals thereof. 

58. Tax; Fire, etc. Companies. Every fire, marine, 
fidelity, and casuality insurance company shall pay to the 
state treasurer, within one month after receiving notice from 
the commissioner of the amount thereof, a tax of two per cent 
upon all gross direct premiums written, less return premiums, 
upon property or risks located or persons resident in this state, 
during the year ending on the preceding December thirty-first 
as assessed by the commissioner, and a further deduction in 
the case of all fire, marine, fidelty, and casualty insurance 



1945] Chapter 71 61 

companies, taxable under the provisions of this section, of the 
amount of all unabsorbed premium deposits actually returned 
or credited to policyholders upon business in this state during 
the year for which the tax is determined. 

59. Exemption. The provisions of section 24 of chap- 
ter 323 of the Revised Laws and sections 57 and 58 of said 
chapter shall not apply to mutual insurance companies that 
operate on an assessment plan and require as a condition for 
granting insurance the signing of a premium deposit note by 
the insured, which note is given for the purpose of establish- 
ing a limit of liability to assessment, while their total receipts 
from policyholders is less than ten thousand dollars per year. 

60. Tax ; Life Companies. Every life insurance company 
shall pay to the state treasurer, within one month after re- 
ceiving notice from the insurance commissioner of the amount 
thereof, a tax of two per cent upon the gross direct premiums 
received by it from residents of the state during the preceding 
year, less dividends actually returned or credited to policy- 
holders upon business in this state during the year for which 
the tax is determined. 

61. Tax Effective. The taxes assessed under this sub- 
division shall be held to apply to the business reported by in- 
surance companies for the year ended December 31, 1944 and 
for each year thereafter. 

62. Relief Fund. Four thousand dollars of the amount 
received as such tax shall annually be set apart by the state 
treasurer, and kept distinct from all other funds, and shall be 
known as the firemen's relief fund. 

63. Expenditure. Such fund, in the month of May after 
its receipt, shall be paid over, upon the order of the governor, 
to the treasurer of the New Hampshire State Firemen's Asso- 
ciation, as trustee, and shall be devoted to, and paid out for, the 
relief of any fireman injured or disabled in the discharge of his 
duty as fireman, who is a member in good standing in any 
regularly organized town or city fire company in this state 
belonging to said association and who is himself a member of 
said association, and for the relief of the dependent parent, 
widow or children of such fireman whose death was occasioned 
by injuries received in the line of his duty as a fireman; said 
sum of four thousand dollars to be in full for any appropri- 
ation for any one year. 



62 Chapter 71 [1945 

64. Additional Relief. In addition to said firemen's re- 
lief fund, in the event of the depletion of the treasury of the 
New Hampshire State Firemen's Association below the 
amount necessary to meet its obligations, the state treasurer 
shall, having received a certified statement of such condition 
from the treasurer of said association, upon the order of the 
governor, pay to the treasurer of said association as trustee 
a sum not to exceed two thousand dollars annually. 

65. Exemption. The money due a fireman, or in case of 
his death his parents, widow or children, by reason of any 
rule or by-law of said association, shall be exempt from attach- 
ment or trustee process. 

66. Regulations; Reports. The New Hampshire State 
Firemen's Association shall make and observe just and equi- 
table rules, by-laws and regulations for the proper apportion- 
ment and disbursement of such fund, subject to the approval 
of the governor and council. It shall, through its president 
and treasurer, make a full and detailed report of its disposal 
of such fund and file the same with the secretary of state in 
the month of May annually. 

67. Definitions. The word "fireman" as used in the sub- 
division 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. 

5. Severability. If any provisions of this act, or the appli- 
cation thereof to any person or circumstances, is held invalid, 
such invalidity shall not affect other provisions or applications 
of the act which can be given effect without the invalid pro- 
vision or application, and to this end the provisions of this act 
are declared to be severable. 

6. Repeal; Takes Effect. Sections 60 to 72, inclusive, of 
chapter 325 of the Revised Laws and chapter 169 of the Laws 
of 1943 are hereby repealed and this act shall take effect upon 
its passage. 

[Approved March 22, 1945.] 



1945] Chapters 72, 73 63 

CHAPTER 72. 

AN ACT RELATIVE TO REAL ESTATE MORTGAGES. 

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

1. Real Estate Mortgages. Amend chapter 261 of the 
Revised Laws by inserting after section 3 a new section 3-a 
as follows: 3-a. Subsequent Advances for Repairs and Im- 
provements. Any sum or sums which shall be loaned by the 
mortgagee to the mortgagor at any time after the execution of 
any mortgage hereafter made, for making repairs, additions 
or improvements to the mortgaged premises, shall be equally 
secured with and have the same priority as the original in- 
debtedness, to the extent that the aggregate amount outstand- 
ing at any one time when added to the balance due on the 
original indebtedness shall not exceed the amount originally 
secured by the mortgage. 

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

[Approved March 27, 1945.] 



CHAPTER 73. 



AN ACT RELATIVE TO REPORTS BY CO-OPERATIVE MARKETING 

ASSOCIATIONS. 

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

1. Co-operative Marketing Associations. Amend sec- 
tion 40 of chapter 273 of the Revised Laws by inserting after 
the word "prescribe" in the second line the word, such; 
further amend by inserting after the word "associations" in 
the third line the words, as will provide information for 
rendering adequate reports ; further amend by striking out in 
the ninth, tenth, eleventh, twelfth and thirteenth lines the 
following, "provided, that a request for such investigation 
has been filed with the department, signed by at least twenty 
per cent of the members or stockholders in the case of asso- 
ciations of less than five hundred members or stockholders 
and by at least one hundred members in the case of associ- 
ations of five hundred or more members or stockholders," so 



64 Chapter 73 [1945 

that said section as amended shall read as follows : 40. Com- 
missioner of Agriculture. The commissioner of agriculture 
may by general or specific order prescribe such comprehensive 
systems of accounting for such associations as will provide in- 
formation for rendering adequate reports and may require any 
such association to render reports, in form indicated by him, 
which shall state the nature and volume of business, resources, 
liabilities, profits, losses, and any other facts bearing upon the 
financial condition of the association. The commissioner may 
investigate the management of any such association and may 
make the facts, relating to said management, available to the 
members or stockholders of the association. He may give 
assistance in the organization, or reorganization, of co- 
operative associations and may, by general or specific order, 
require any such association doing business in this state or in 
the process of organization to file with the department a re- 
port of its promotion and organization expenses. He may re- 
quire any such association to file with the department a certi- 
fied copy of its by-laws and a certified copy of anj^ marketing 
contract or agreement between the association and its mem- 
bers or patrons. 

2. Loss of Charter. Amend chapter 273 of the Revised 
Laws by adding after section 40 the following new sections: 
40-a. Forfeiture. If any such association shall neglect or 
refuse to render to the commissioner of agriculture any re- 
port required by him under the provisions of section 40, the 
charter of such association shall be liable to forfeiture, and ^it 
shall be the duty of the commissioner of agriculture to enforce 
such forfeiture by appropriate proceedings. 40-b. Forbear- 
ance. The commissioner of agriculture may forbear or dis- 
continue such proceedings at any time, upon being satisfied 
that the delinquency was not wilful and upon the rendering by 
the association of such reports as he may deem necessary. 

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

[Approved March 27, 1945.] 



1945] Chapters 74, 75 65 

CHAPTER 74. 

AN ACT TO PROHIBIT SNARING OF WILD ANIMALS. 

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

1. Wild Animals; Taking. Amend section 9, chapter 241 
of the Revised Laws, by inserting after the word "hunting" 
in the fourth line thereof the words, or trapping, and insert- 
ing after the word "any" in the fifth line the word, snare, so 
that said section as amended shall read as follows: 9. Pro- 
hibited Devices. Tip-ups, set and trap lines, spears, grappling 
hooks, naked hooks, snatch hooks, eel wires, eel pots and nets, 
shall not be used in any fresh waters of the state to take fish, 
unless otherwise specifically permitted. No person shall have 
in his possession, while hunting or trapping any wild bird, or 
wild animal, including bear, any snare, jack or artificial light, 
swivel, pivot or set gun, except as otherwise permitted. Any 
person convicted of illegal night hunting shall forfeit such fire- 
arms, jacks or other equipment used or usable in the illegal 
hight hunting at the time of such violation. 

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

[Approved March 27, 1945.] 



CHAPTER 75. 

AN ACT RELATIVE TO PAYMENT OF BONUS FOR WAR SERVICE. 

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

1. Recognition of War Service. Amend section 1 of chap- 
ter 201 of the Laws of 1943 by striking out said section and 
inserting in place thereof the following: 1. Qualification for 
Bonus. Each person, man or woman, who actively served for 
a total period of more than ninety days in any capacity as a 
member of the armed forces of the United States during the 
present war, who is discharged, released or has a certificate 
of service, therefrom under conditions other than dishonor- 
able, and who at the time he entered upon such active military 
service was a bona fide resident of the state of New Hamp- 
shire, shall be entitled to the benefits provided hereunder. 



66 Chapter 75 [1945 

Retired commissioned officers and enlisted men of the regular 
United States army or navy, being subject to recall to active 
duty and not having been discharged, shall not be eligible for 
benefits but other commissioned officers or enlisted members 
of the armed forces during the present war who are placed 
on inactive military status shall be entitled to benefits. 

2. Distribution of Payments. Amend section 4 of chap- 
ter 201 of the Laws of 1943 by striking out said section and 
inserting in place thereof the following : 4. Bonus Payment. 
In recognition of the services performed by the persons 
designated as eligible under section 1 of this act, hereinafter 
referred to as the resident or residents, 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 qualified resident or, if such resident dies 
before payment has been made to him, to such resident's sur- 
viving spouse or if none, to his child or children in equal 
shares; and if he has no surviving spouse or children, then in 
equal shares to his surviving parents; a sum equal to ten 
dollars per month for each month of such active military 
service, pro-rated for fractions of a month according to the 
number of days involved in the particular month, but not ex- 
ceeding in any event the sum of one hundred dollars ; and said 
treasurer shall take such formal receipt as he shall prescribe. 
If such resident is legally incompetent, payment may be made 
to his legally appointed representative only. If such resident 
dies while in active service, or dies subsequent to his discharge 
therefrom as a result of disability received while in service, 
the sum of one hundred dollars shall be paid without regard 
to the length of time such resident was in service. No appli- 
cation shall be certified for payment unless written evidence 
is presented indicating that any person or persons herein de- 
scribed as having a prior right to benefits shall have deceased ; 
and provided further that if, prior to the date upon which 
this act takes effect, benefits under the provisions of this 
chapter have been paid to the father or mother of a resident, 
who at the time had a child or children, the rights to benefits 
shall not in addition accrue to said child or children as a result 
of the provisions of this act. The term spouse means a law- 
ful wife or husband. The term child includes a legitimate 
child, a child legally adopted, and a stepchild. The term 
parent includes a father and mother, stepfather and step- 



1945] Chapter 76 67 

mother, father and mother through adoption, and those who 
stood in loco parentis. Payment shall not be made to more 
than two parents. Preference will be given to the parent or 
parents who actually exercised parental control at the time of 
or most nearly prior to date of resident's entry into service. 
Proof of the relationship in loco parentis shall be established 
by sworn statement of the applicant, together with support- 
ing affidavits of two disinterested persons. 

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

[Approved March 27, 1945.] 



CHAPTER 76. 



AN ACT RELATIVE TO THE RECORDATION OF CORPORATE TRUST 

MORTGAGES. 

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

1. Corporate Trust Mortgages. Amend chapter 262 of 
the Revised Laws, as amended by sections 1 and 2 of chap- 
ter 52 of the Laws of 1945, by inserting after section 6 the 
following new section: 6-a. Recordation of Corporate Trust 
Mortgages. The provisions of sections 3, 3-a, 4, 5 and 6 shall 
not apply to a trust mortgage of a domestic or foreign corpo- 
ration to secure the payment of its bonds, notes or other 
evidence of indebtedness which includes both real and personal 
property, when recorded in the registry of deeds in the county 
in which the real or personal property lies. Any discharge of 
such a mortgage shall be recorded in such registry within 
thirty days after such mortgage is satisfied. 

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

[Approved March 27, 1945.] 



68 Chapter 77 [1945 

CHAPTER 77. 

AN ACT RELATIVE TO THE SALE OF SHELL BEANS AND 
CUCUMBERS. 

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

1. Shell Beans; Cucumbers. Amend paragraph I of sec- 
tion 26 of chapter 192 of the Revised Laws by inserting after 
the words and figure "string beans, 24," in the eleventh line 
the words and figure, shell beans, 24, further amend said para- 
gi'aph by inserting after the word and figure, "spinach, 12" in 
the twelfth fine the word and figure, cucumbers, 48, so that 
said paragraph as amended shall read as follows: I. Bushel 
by Weight. Except where the parties shall expressly agree 
to sale by some other standard than by weight, a bushel shall 
contain the number of pounds hereinafter set forth: Dried 
apples, 25; beets, 60; small white beans, 60; soy beans, 
(glycine Hispida), 58; barley, 48; bran, 20; buckwheat, 48; 
Indian corn, 56; corn meal, 50; cracked corn, 50; cranberries, 
32; carrots, 50; clover seed, 60; flaxseed, 56; herds grass or 
timothy seed, 45; Japanese barnyard millett, (P. crusgalli), 
35 ; lime, 70 ; oats, 82 ; onions, 52 ; pears, 58 ; peaches, 48 ; dried 
peaches, 33 ; peas, 60 ; parsnips, 45 ; roasted peanuts, 20 ; green 
peanuts, 22; Irish potatoes, 60; sweet potatoes, 54; quinces, 
48 ; rye, 56 ; rye meal, 50 ; coarse salt, 70 ; fine salt, 50 ; shorts, 
20; tomatoes, 56; turnips, 55; wheat, 60; string beans, 24; 
shell beans, 24; unshelled green peas, 28; beet greens, 12; 
dandelions, 12; parsley, 8; spinach, 12; cucumbers, 48; and 
for fractional parts of a bushel like fractional parts of the 
above weights shall be required. 

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

[Approved March 27, 1945.] 



1945] Chapter 78 69 

CHAPTER 78. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION AS TO 
WEEKLY BENEFIT AMOUNT FOR TOTAL UNEMPLOYMENT 
AND MAXIMUM TOTAL AMOUNT OF BENEFITS PAY- 
ABLE DURING ANY BENEFIT YEAR. 

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

1. Amount of Benefits. Amend paragraphs (1) and (2) of 

subsection B of section 2, chapter 218 of the Revised Laws, 
as amended by section 5, chapter 56 of the Laws of 1943, by 
striking out said paragraphs and inserting in place thereof the 
following: (1) Each eligible individual who is totally un- 
employed in anj' 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 


$120 


350.00 


- 449.99 


7 


140 


450.00 


- 549.99 


8 


160 


550.00 


- 649.99 


9 


180 


650.00 


- 749.99 


10 


200 


750.00 


- 849.99 


11 


220 


850.00 


- 949.99 


12 


240 


950.00 


- 1049.99 


13 


260 


1050.00 


- 1199.99 


14 


280 


1200.00 


- 1349.99 


15 


300 


1350.00 


- 1499.99 


16 


320 


1500.00 


- 1649.99 


17 


340 


1650.00 


- 1799.99 


18 


360 


1800.00 


- 1999.99 


19 


380 


2000.00 


- and over 


20 


400 



70 Chapter 78 [1945 

(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 in- 
dicated the individual's annual wage class. The maximum 
total amount of benefits payable to any eligible individual dur- 
ing 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 paragraph shall 
take effect on the first day of the month immediately follow- 
ing the two-month period in this paragraph above mentioned. 



A 




B 


C 


Total Annual Earnings 
In Base Period 


Weekly Benefit 
Amount 


Maximum 
Benefits 


$200.00 


- $399.99 


$6 


$84 


400.00 


- 499.99 


7 


98 


500.00 


- 599.99 


8 


112 


600.00 


- 699.99 


9 


144 


700.00 


- 799.99 


10 


160 


800.00 


- 899.99 


11 


176 


900.00 


- 999.99 


12 


192 


1000.00 


- 1149.99 


13 


208 


1150.00 


- 1299.99 


14 


224 


1300.00 


- and over 


15 


240 



2. Effective Date. This act shall take effect April 1, 1945 
provided that benefits for all payable weeks ending after the 
effective date of said act shall be paid and treated in all re- 
spects in accordance with the provisions of the unemployment 
compensation law as amended by this act. 

[Approved March 27, 1945.] 



1945] Chapters 79, 80 71 

CHAPTER 79. 

AN ACT RELATIVE TO THE REARING STATION FOR FISH AT 
SUMMER BROOK IN OSSIFEE. 

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

1. Appropriation Extended. The appropriation provided 
for by paragraph (f ) of section 2 of chapter 181 of the Laws 
of 1941 and as extended by chapter 171 of the Laws of 1943, 
relative to the acquisition and construction of a rearing 
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, 1947. 

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

[Approved March 27, 1945.] 



CHAPTER 80. 



AN ACT RELATING TO THE TAKING OF A MOTOR VEHICLE WITH- 
OUT THE OWNER'S CONSENT. 

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

1. Motor Vehicles. Amend chapter 119 of the Revised 
Laws by adding after section 51 a new section to read as 
follows : 52. Taking Without Owner's Consent. If any per- 
son shall wilfully, or mischievously take, drive, ride, or use 
any motor vehicle without the consent of the owner or person 
having control thereof, but not with intent to steal the same, 
he shall be fined not more than one hundred dollars or im- 
prisoned not more than one year, or both. 

2. Penalties. Amend section 36 of chapter 442 of the Re- 
vised Laws by striking out the words "or any automobile or 
motorcycle," in the third and fourth lines so that said section 
as amended shall read as follows: 36. Taking Boat, etc. If 
any person shall wilfully, mischievously and without claim of 
right take or use any boat or vehicle, or shall take, drive, ride, 
or use any horse or other driving or draught animal, without 



72 Chapter 81 [1945 

the consent of the owner or person having control thereof, but 
not with the intent to steal the same, he shall be fined not 
more than one hundred dollars, or imprisoned not more than 
one year, or both. 

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

[Approved March 27, 1945.] 



CHAPTER 81. 



AN ACT RELATING TO THE MUNICIPAL PERMIT FEE FOR FARM 

TRACTORS. 

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

1. Farm Tractors. Amend section 20, chapter 116 of the 
Revised Laws, by adding at the end thereof the words, pro- 
vided, further, that the fee collected hereunder for a farm 
tractor shall be two dollars, so that said section as amended 
shall read as follows: 20. Fees. The treasurer of each 
city, or such other person as the city government may desig- 
nate, and the town clerk of each town shall collect fees for 
such permits as follows: On each motor vehicle offered for 
registration a sum equal to seventeen mills on each dollar of 
the maker's list price for the current year of manufacture, 
twelve mills for the first succeeding year, nine mills for the 
second succeeding year, five mills for the third succeeding 
year, three mills for the fourth and succeeding years, pro- 
vided, however, that the fee collected hereunder for a com- 
mercial vehicle or truck, used for agricultural purposes only 
and used on the public highways within a radius of five miles 
from the main entrance of the farm upon which said vehicle 
is operated which said commercial vehicle or truck is not used 
for the purpose of transporting produce or goods for sale or 
for hire, shall be two dollars; provided, further, that the fee 
collected hereunder for a farm tractor shall be two dollars. 

2. Takes Effect. This act shall take effect March 31, 1945. 
[Approved March 29, 1945.] 



1945] Chapters 82, 83, 84 73 

CHAPTER 82. 

AN ACT IN RELATION TO FARM TRACTORS. 

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

1. Farm Tractors Excluded. Amend paragraph III, sec- 
tion 16, chapter 73 of the Revised Laws, by adding at the end 
thereof the words, provided, however, that farm tractors shall 
not be regarded as vehicles, so that said paragraph as amended 
shall read as follows: III. Vehicles. Vehicles, other than 
motor vehicles, in excess of the aggregate value of one hun- 
dred dollars; provided, however, that farm tractors shall not 
be regarded as vehicles. 

2. Takes Effect. This act shall take effect March 31, 1945. 
[Approved March 29, 1945.] 



CHAPTER 83. 



AN ACT RELATIVE TO FREE TRANSPORTATION FOR MEMBERS OF 
THE ARMED FORCES. 

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

1. Free Transportation. Nothing contained in chap- 
ters 292 and 304 of the Revised Laws shall prohibit the giving 
of free transportation within the limits of any city or town 
in this state by a railroad corporation or a carrier of passen- 
gers for hire to any member of any branch of the armed forces 
in the United States during the present war, who is on leave 
or furlough. 

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

[Approved April 3, 1945.] 



CHAPTER 84.* 

AN ACT TO ENLARGE THE POWERS OF SAVINGS BANKS AND TRUST 

COMPANIES IN MAKING LOANS TO SERVICEMEN. 

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

1. Legal Investments; Guaranteed Loans to Servicemen. 

Amend paragraph I of section 3, chapter 310 of the Revised 



* See chapter 164, post. 



74 Chapter 84 . [1945 

Laws by adding thereto the following: In determining 
whether any loan exceeds seventy per cent of the value of the 
real estate, no consideration shall be given to (1) that portion 
of the obligation which is guaranteed by the Administrator of 
Veterans' Alfairs under Title III of the Servicemen's Read- 
justment Act of 1944, as amended from time to time, or (2) 
an obligation wholly guaranteed under such title, and amend 
paragraph II of said section 3 by adding at the end of the first 
sentence the following: and those wholly guaranteed by the 
Administrator of Veterans' Affairs under Title III of the 
Servicemen's Readjustment Act of 1944, as amended from 
time to time, so that as amended said paragraphs I and II of 
said section 3 shall read as follows: 

I. New Hampshire Real Estate. Those directly 
secured by first mortgage on real estate situated within this 
state or within any county contiguous to the town in which 
the loaning bank is situated; but no such investment shall be 
in a loan that exceeds seventy per cent of the value of the 
real estate by which it is secured and not exceeding seventy- 
five per cent of the deposits shall be so invested, except by 
permission of the bank commissioner. No loan on a mortgage 
shall be made except upon written application showing the 
date, name of applicant, amount asked for and security 
offered, and except upon report of not less than two members 
of the board of trustees or board of directors, who shall 
certify on said application, according to their best judgment, 
the value of the premises to be mortgaged; and such appli- 
cation shall be filed and preserved with the records of the 
corporation. The premises so mortgaged shall be revalued in 
the same manner at intervals of not more than five years so 
long as they are mortgaged to the corporation. If at the time 
of such revaluation the amount of the loan is in excess of 
seventy per cent of the value of the premises mortgaged, a 
sufficient reduction in the amount of the loan shall be re- 
quired, as promptly as may be practical, to bring the loan 
within said seventy per cent. In determining whether any 
loan exceeds seventy per cent of the value of the real estate, 
no consideration shall be given to (1) that portion of the 
obligation which is guaranteed by the Administrator of 
Veterans' Affairs under Title III of the Servicemen's Read- 
justment Act of 1944, as amended from time to time, or (2) 
an obligation wholly guaranteed under such title. 



1945] Chapter 84 75 

II. Loans Insured by the Federal Housing Adminis- 
trator; Other Guaranteed Loans. Those secured by mort- 
gage on real estate situated within or without this state and 
without respect to the value of such real estate if the federal 
housing administrator has insured, or made commitment to in- 
sure, such notes and bonds, provided the laws of the United 
States entitle the mortgagee to receive payment of such insur- 
ance in cash or the debentures hereafter described, and such 
debentures issued by the federal housing administrator as are 
fully guaranteed as to principal and interest by the United 
States and those wholly guaranteed by the Administrator of 
Veterans' Affairs under Title III of the Servicemen's Read- 
justment Act of 1944, as amended from time to time. The 
authority to invest in loans described in paragraph I and this 
paragraph shall be so exercised that the total amount invested 
in such loans shall not exceed seventy-five per cent of the 
deposits. 

2. Trust Companies; Guaranteed Loans. Amend sec- 
tion 31 of chapter 313 of the Revised Laws by striking out the 
words "except that the limitation as to the percentage of the 
value of the security shall not apply to mortgage loans insured 
by the federal housing administrator^ and further provided 
that such loans entitle the holder to receive cash or securities 
which are fully guaranteed as to principal and interest by the 
United States" and by inserting in place thereof the follow- 
ing: except that in applying the foregoing limitations no con- 
sideration shall be given to such portion of any note as may 
be guaranteed by the Administrator of Veterans' Affairs 
under Title III of the Servicemen's Readjustment Act of 1944, 
as the same may be amended from time to time or insured by 
the federal housing administrator provided that such insur- 
ance is payable in cash or in debentures guaranteed as to 
principal and interest by the United States; to advance or 
loan on notes wholly guaranteed by the Administrator of 
Veterans' Affairs under Title III of the Servicemen's Read- 
justment Act of 1944, as amended from time to time, or 
wholly insured by the federal housing administrator, provided 
that such insurance is payable in cash or in debentures 
guaranteed as to principal and interest by the United States; 
so that as amended said section shall read as follows : 31. In 
General. Such corporation may be authorized and empowered 
to receive on deposit, storage, or otherwise, money, securities, 



76 Chapter 85 [1945 

jewelry, documents, evidences of debt, and other personal 
property of a similar character, for safe keeping, upon such 
terms or conditions as may be agreed upon, which said de- 
posits may be made by corporations and persons acting in- 
dividually or in any fiduciary capacity ; to collect and disburse 
the income and principal of said property when due; to 
advance or loan money or credits on personal security or prop- 
erty; to advance or loan not exceeding twenty-five per cent of 
its capital and surplus on notes secured by first mortgage of 
real estate situated in the New England states, but no such 
loan shall exceed seventy per cent of the value of the security 
except that in applying the foregoing limitations no consider- 
ation shall be given to such portion of any note as may be 
guaranteed by the Administrator of Veterans' Affairs under 
Title III of the Servicemen's Readjustment Act of 1944, as the 
same may be amended from time to time or insured by the 
federal housing administrator provided that such insurance is 
payable in cash or in debentures guaranteed as to principal 
and interest by the United States ; to advance or loan on notes 
wholly guaranteed by the Administrator of Veterans' Affairs 
under Title III of the Servicemen's Readjustment Act of 1944, 
as amended from time to time, or wholly insured by the federal 
housing administrator, provided that such insurance is pay- 
able in cash or in debentures guaranteed as to principal and 
interest by the United States; to negotiate, purchase, and sell 
stocks, bonds, and other evidences of debt; to do a general 
banking business ; and to conduct a savings bank business. 

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

[Approved April 3, 1945.] 



CHAPTER 85. 

AN ACT WITH RELATION TO TRUSTEES OF TRUST FUNDS. 

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

1. Single Trustee. Amend chapter 51 of the Revised Laws 
by inserting after section 22 as amended by section 1, chap- 
ter 70, Laws ol 1943, a new section which shall be numbered 
22-a and shall read as follows: 22-a. Single Trustee, A 



1945] Chapter 85 77 

town wherein the total book value of trust funds is less than 
fifteen thousand dollars, acting under an appropriate article 
in the warrant for any annual town meeting, may vote that 
the board shall consist of one trustee only, in which case said 
trustee shall be chosen by ballot at the same and each succeed- 
ing annual town meeting; and such vote may be rescinded in 
like manner. All the duties and obligations imposed by law 
upon a board of trustees shall devolve upon the trustee so 
chosen; vacancies shall be filled by the selectmen for the re- 
mainder of the year; and said trustee shall receive from the 
town treasury such compensation as the town meeting may 
determine and his actual expenses. 

2. Investments Restricted. Further amend said chapter 51 
of the Revised Laws by inserting after section 23 a new sec- 
tion which shah be numbered 23-a and shall read as follows: 
23-a, Investments by Single Trustee. In towns which have 
chosen a single trustee of trust funds such funds shall be in- 
vested only by deposit in some savings bank or in the savings 
department of a national bank or trust company in this state, 
or in shares of any building and loan association or co- 
operative bank incorporated and doing business under the 
laws of this state, or in the shares of any federal savings and 
loan association located and doing business in this state, or 
in bonds, notes or other obligations of the United States gov- 
ernment, or in state, county, town, city, school district, water 
and sewer district bonds and the notes of towns or cities in 
this state ; and when so invested the trustee shall not be liable 
for the loss thereof. The trustee may retain investments as 
received from donors until the maturity thereof. 

3. Bond. Amend section 29, chapter 51 of the Revised 
Laws by inserting after the word "trustees" in the first line 
and in the sixth line of said section the words, or the trustee 
provided for in section 22-a, so that said section as amended 
shall read as follows: 29. Bond. The trustees or the 
trustee provided for in section 22-a shall give bond in such 
amount and in such form as the state tax commission shall 
prescribe, and any trustee who shall make any payment of in- 
come or principal from trust funds before the approval of his 
bond in writing by the tax commission shall be personally 
liable to the town for any loss resulting from such payment, 
to be recovered for the town at the suit of any citizen. The 
expenses of said trustees or the trustee provided for in sec- 



78 Chapter 86 [1945 

tion 22-a and the expense of their bond shall be charged as 
incidental town charges. 

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

[Approved April 3, 1945.] 



CHAPTER 86. 



AN ACT RELATIVE TO TIME POLLS SHALL BE OPEN FOR ALL CITY 

ELECTIONS. 

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

1. City Elections. Amend section 12 of chapter 62 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 12. Time Polls Open. In all 
elections by the voters in their wards the polls shall be open 
not less than four hours and may be opened not earlier than 
six o'clock in the forenoon of the day of election, nor later 
than eight o'clock in the evening, as the city councils in said 
cities shall determine, at least thirty days prior to elections; 
and but one ballot shall be had during the day for each officer 
to be voted for. 

2. Biennial Elections and Primaries. Amend chapter 34 
of the Revised Laws by inserting after section 36 the follow- 
ing new section: 36-a. Time Polls Open. At all biennial 
elections and primaries in cities the polls shall be open not 
less than four hours and may be opened not earlier than six 
o'clock in the forenoon of the day of election, nor later than 
eight o'clock in the evening, as the city councils in said cities 
shall determine at least thirty days prior to said election or 
primary. 

3. Presidential Primary. Amend section 3 of chapter 38 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 3. Time Polls Open. In 
towns the polls shall be open not less than four hours, and so 
much longer as shall be necessary to afford every voter pres- 
ent and desiring to vote an opportunity to do so, and until the 
voters present shall vote to close the polls. In cities the polls 
shall be open not less than four hours and may be opened not 
earlier than six o'clock in the forenoon of the day of the 



1945] Chapter 87 79 

primary, nor later than eight o'clock in the evening, as the 
rcity councils in said cities shall determine at least thirty days 
prior to said primary. 

4. Inconsistent Provisions. The provisions of this act shall 
apply to all cities, and any special statutes or ordinances in- 
consistent with the provisions hereof are hereby repealed to 
the extent of such inconsistency. 

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

[Approved April 3, 1945.] 



CHAPTER 87. 



AN ACT TO FACILITATE ABSENTEE VOTING BY CHANGING THE 
DATE OF THE PRIMARY. 

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

1. 1946 Primary Election. 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 Tuesday, 
August 6, 1946, for the nomination of all candidates to be 
voted for at the November, 1946, biennial election. Said 
primary shall be governed by the provisions of chapter 33 of 
the Revised Laws except as hereinafter otherwise provided. 

2. Notice of the Primary. On or before June 17, 1946, the 
secretary of state shall prepare and transmit to each town and 
ward clerk in the state a notice in writing, designating the 
offices for which candidates are to be chosen and delegates to 
the state convention to be elected. 

3. Primary Declarations. The name of a candidate shall 
not be printed upon the official ballot for said primary unless 
not earlier than June 17, 1946, a declaration of candidacy shall 
have been filed by such candidate and the filing fee shall have 
been paid or the required number of primary petitions shall 
have been filed. 

4. Primary Petitions. The name of any person shall be 
printed upon the primary ballot of any party, without the 
filing of a declaration or the payment of a fee, as a candidate 
for nomination by that party for any office indicated in the 
requisite number of primary petitions, as hereinafter pro- 



80 Chapter 87 [1945 

vided, made by members of the party in the following form 
and filed in place of such declaration, together with the 
written assent of such person to the printing of his name on 
said ballot as requested in said petitions: 

State of New Hampshire 

County of , ss. 

City (Town) of 

I do hereby join in a petition for the publication on the 

primary ballot of the name of 

whose residence is in the city (town) of 

(ward, street and number, if in a city), in the county of 

, for the office of 

to be voted for on Tuesday, the 6th day of August, 1946, and 
I certify that I am qualified to vote for a candidate for said 

office, that I am a member of the 

party, and am not at this time a signer of any other similar 
petition for any other candidate for the above office; that my 

residence is in the city (town) of 

(ward, street and number, if in a city), in the county of 

, and that my occupation is 

I further certify that I believe 

the above-named person is especially qualified to fill said 
office. 



(Signed) 

State of New Hampshire 

County of , ss. 

City (Town) of 

The above-named , 

personally known to me, appeared and made oath that the 
above petition, by him subscribed, is true. 



Before me, 

Justice of the Peace or 
Notary Public 

5. Supplementary Petitions. Supplementary primary 
petitions may be filed, but not later than six o'clock in the 
afternoon of July 1, 1946, for those to be filed with the secre- 
tary of state, and for all others not later than six o'clock in 
the afternoon of June 28, 1946. 



1945] Chapter 87 81 

6. Filing Declai-ations. Declarations of and assents to 
candidacy and primary petitions to be filed with the secre- 
tary of state shall be filed not later than six o'clock in the 
afternoon of July 1, 1946, and all others not later than six 
o'clock in the afternoon of June 27, 1946, except as provided 
for supplementary petitions in the preceding section. 

7. Sessions of the Supervisors. The supervisors shall be in 
session for the alteration of the registration of party members 
and for making additions to such registration before said 
primary. The sessions shall be on two days, at least, and shall 
not be later than June 21, 1946, nor earlier than June 12, 1946. 

8. Pai'ty Registration. Whenever names are added to the 
check-list the supervisors shall register the party membership 
of the voter if he desires such membership registered; but if 
such voter has already been registered in any town or ward in 
this state as a member of any party he shall not be registered 
as a member of a different party later than June 21, 1946. The 
party membership of each voter may be registered by writing 
in ink, after the name of such voter, the first three letters of 
the name of the party with which he registered. 

9. Change of Registration. Any person whose party 
membership has been registered may change such registration 
by appearing in person before the supervisors of the check- 
list for his town or ward not later than June 21, 1946, and 
stating to them, under oath or affirmation, if required, that 
he intends to affiliate with and generally supports the candi- 
dates of the party with which he offers to register. He may 
also change such registration at the 1946 primary, upon mak- 
ing oath or affirmation to the same effect, if challenged, but 
he shall not be permitted in such case to vote the ballot of 
any party at such primary. 

10. Filling Vacancies. Vacancies upon any party ticket 
occurring after the 1946 primary shall be filled by the party 
committee of the state, county, town or ward, as the case may 
require, and such committee shall file notice of the appoint- 
ment made with the secretary of state before six o'clock in 
the afternoon of August 20, 1946. The names of persons so 
appointed shall be placed upon the official November election 
ballot. "Vacancies" for the purpose of this section shall 
mean only those cases where no candidate has filed and where 
the person whose name has been written in withdraws or re- 
fuses to accept the nomination. 



82 Chapter 87 [1945 

11. State Conventions, Date, Call and Purposes. Not 

earlier than August 13, 1946, nor later than August 27, 1946, 
upon the call of the chairman of the state committee of the 
party, the nominees of each party for the offices of governor, 
councilors, state senators, representatives and state delegates 
elected shall meet in state convention for the purpose of 
adopting the platform of their party, and effecting an organ- 
ization for the following two years. 

12. Nomination Papers. Nomination papers for the No- 
vember election, 1946, shall be filed with the secretary of state 
on or before six o'clock in the afternoon of August 20, 1946, 
for all candidates for any office. 

13. Appointment of Ballot-Law Commission. On or before 
June 1, 1946, the governor, with the advice of the council, 
shall appoint two persons from the two different political 
parties casting the largest number of votes at the preceding 
biennial election, who, with the attorney general, shall con- 
stitute a board of ballot-law commissioners. 

14. Campaign Receipts and Expenditures; Penalties. Any 
person who violates the provisions of sections 20 to 27, in- 
clusive, of chapter 42 of the Revised Laws, shall be fined not 
more than five hundred nor less than one hundred dollars and 
imprisoned not less than thirty nor more than ninety days. 
Any person who alleges that any of the provisions of said 
sections relating to the primary has been violated may, not 
later than August 23, 1946, bring a proceeding in equity in 
the supreme court against the person alleged to have violated 
said provisions. To this proceeding the secretary of state 
shall be made a party defendant. The supreme court shall forth- 
with hear such proceeding and make final decision thereof, 
and if the court shall find that the defendant has violated any 
of such provisions, a decree shall be entered disqualifying the 
defendant from becoming a candidate at the ensuing election, 
and the vacancy thereby created shall be filled as provided by 
law. No candidate shall be entitled to the nomination or 
election until the sworn itemized statements required to be 
filed by him or in his behalf have been filed and published as 
provided in said sections. 

15. Laws Suspended. Such provisions of chapter 33 of the 
Revised Laws and any other provisions of law relative to 
nomination of candidates inconsistent with the provisions 
hereof are hereby suspended during the eflfective dates hereof 



1945] Chapter 88 83 

16. Recounts. The secretary of state shall fix a time for' 
any recount after the 1946 primary not earlier than five days 
after the receipt of an application therefor and shall notify 
the opposing candidates thereof, and, as soon after the ex- 
piration of said five days as circumstances will permit, such 
recount shall be held and conducted as recounts of votes cast 
at elections are. 

17. Takes Effect. This act shall take effect upon its 
passage and shall continue in effect until July 1, 1947. 

[Approved April 3, 1945.] 



CHAPTER 88. 

AN ACT RELATING TO BURIAL EXPENSES OF WAR VETERANS. 

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

1. Veterans' Aid. Amend section 16 of chapter 124 of the 
Revised Laws, as amended by chapter 102 of the Laws of 
1943, by striking out in the sixteenth line the words "three 
months" and inserting in place thereof the words, one year; 
and by striking out the words "department of public welfare" 
where they occur in said section and inserting in place thereof 
the words, state veterans' council, so that said section as 
amended shall read as follows: 16. Burial Expenses. 
Whenever 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 com- 
mander 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 organ- 
ization, shall certify under oath to the state veterans' council 
that such veteran did not leave sufficient estate to pay the ex- 
penses of his funeral, the governor shall draw a warrant in 
favor of the commander of such Grand Army post or other 
commanding officer, selectmen or mayor, for a sum not ex- 
ceeding one hundred dollars to defray such burial expenses. 
Within one year from the time of burial of said veteran an 



84 Chapters 89, 90 . [1945 

account, verified by vouchers, of the sums so spent for said 
burial expenses shall be sent to the state veterans' council 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 upon its 
passage. 

[Approved April 3, 1945.] 



CHAPTER 89. 

AN ACT RELATING TO THE COMPENSATION OF ATTACHES. 

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

1. Legislature. Amend section 23 of chapter 9 of the Re- 
vised Laws by striking out the figures "$2.50" in the fifth line 
and inserting in place thereof the figure, $4, so that said 
section as amended shall read as follows: 23. Attaches; 
Compensa'tion. The compensation of the following attaches 
of the senate and house of representatives shall be: sergeant- 
at-arms, $4.50 a day; messengers, assistant messengers, door- 
keepers, telephone messengers, custodians of mails and 
supplies, wardens and assistant wardens, library messengers 
and chaplain, $4 a day; pages, $4 a day; each for six days a 
week. 

2. Takes Effect. This act shall take effect as of January 3, 
1945. 

[Approved April 3, 1945.] 



CHAPTER 90. 

AN ACT RELATING TO OPERATORS OF SCHOOL BUSSES. 

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

1. School Busses. Amend chapter 119 of the Revised 
Laws by inserting after section 14 the following new section: 
14-.a. Operator of School Bus. The owner of any motor 
vehicle transporting ten or more school children to any public 



1945] Chapter 91 85 

school shall submit to the school board in the town or city 
which pays for said transportation a list of the names of the 
persons who are to operate the busses to be used in such 
transportation. Such board shall make an investigation as to 
the motor vehicle operator's record, character and responsi- 
bility of each such person and if it finds him qualified to bear 
the responsibility of the transportation of such children shall 
so certify. Such board may revoke any such certificate for 
just cause. 

2. Exceptions. Amend chapter 119 of the Revised Laws 
by inserting after section 14-a, as hereinbefore inserted, the 
following new section : 14-b. Prohibitions. No person shall 
operate a school bus, as provided in sections 13 and 14, unless 
he is eighteen years of age or over and has been certified for 
said operation by the school board, as provided in section 14-a. 

3. Takes Effect. This act shall take effect on July 1, 1945. 
[Approved April 3, 1945.] 



CHAPTER 91. 



AN ACT PROVIDING FOR AN AERIAL SURVEY OF THE STATE OF 
NEW HAMPSHIRE. 

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

1. Aerial Survey. The governor, with the advice and con- 
sent of the council, is hereby authorized to provide for mak- 
ing an aerial survey of the state of New Hampshire in such 
manner and of such character as best may serve the interests 
of the state and its people. 

2. Custody of Survey. The negatives of such aerial 
survey shall be placed in the custody of the secretary of state 
who shall act as agent of the state in distribution of prints 
therefrom. 

3. Disposal of Prints. The governor, with the advice and 
consent of the council, shall make rules and regulations gov- 
erning the distribution of prints resulting from the aerial 
survey to such departments of the state government, political 
subdivisions of the state and others as may seem desirable 
at prices which ultimately will return to the state treasury 
the initial cost of said survey. 



86 Chapter 91 [1945 

4. Fund Established. The secretary of state shall estab- 
lish a fund, known as the "Aerial Survey Fund," to which 
shall be credited all receipts from the sale of prints, and the 
same shall be covered monthly into the state treasury. 

5. Cooperation with Other Agencies. The governor, with 
the advice and consent of the council, is hereby authorized to 
accept the cooperation of agencies of the state government 
and agencies of the government of the United States in mak- 
ing said aerial survey and may accept loans and grants of 
equipment and materials for the purposes hereof. 

6. Appropriation; Bonds or Notes Authorized. The sum 
of twenty-five thousand dollars is hereby appropriated for the 
purpose of said aerial survey, and to provide funds for said 
appropriation the state treasurer is hereby authorized under 
the direction of the governor and council to borrow upon the 
credit of the state not exceeding twenty-five thousand dollars 
and for that purpose may issue bonds or notes in the name 
and on behalf of the state of New Hampshire. The treasurer 
shall recommend for the approval of the governor and council 
the form of such bonds, their rate of interest, the dates of 
maturity, the places where interest and principal 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 only, 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 
authiorized. Such bonds or notes shall be negotiated by the 
treasurer by direction of the governor and council as they 
deem to be most advantageous to the state. 

7. 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 sale and the date of maturity. 



1945] Chapter 92 87 

8. Short-Term Notes. Prior to the issuance of the bonds 
or notes hereunder the treasurer, under the direction of the 
governor and council, may for the purposes hereof borrow 
money from time to time on short-term loans to be refunded 
by the issuance of bonds or notes hereunder, provided, how- 
ever, that at no time shall the indebtedness of the state on 
such short-term loans exceed the sum of twenty-five thousand 
dollars. 

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

[Approved April 3, 1945.] 



CHAPTER 92. 

AN ACT RELATIVE TO THE REGISTER OF PUBLIC TRUSTS. 

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

1. Exceptions. Amend section 13-i of chapter 24 of the 
Revised Laws, as inserted by chapter 181 of the Laws of 1943, 
by striking out the words "appointed by a court" in the fourth 
line and inserting in place thereof the words, required to file 
accounts in any court, so that said section as amended shall 
read as follows : 13-1. Reports by Trustees of Public Trusts. 
Any fiduciary holding property subject to equitable duties to 
deal with such property for charitable or community pur- 
poses, excepting fiduciaries not required to file accounts in any 
court, shall annually, on or before July first, unless otherwise 
directed by the attorney general, make to him a written re- 
port for the last preceding fiscal year of such trust showing 
the property so held and administered, the receipts and ex- 
penditures in connection therewith, 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 information 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. 



88 Chapters 93, 94 [1945 

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

[Approved April 3, 1945.] 



CHAPTER 93. 

AN ACT RELATH^ TO NUMBER OF INSPECTORS OF ELECTIONS. 

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

1. Inspectors of Elections. Amend section 25 of chapter 34 
of the Revised Laws, by striking out said section and insert- 
ing in place thereof the following: 25. Appointment. The 
mayor and board of aldermen of each city and the selectmen 
of each town, at some time between the first and tenth days 
of October preceding the biennial election, shall appoint, as 
additional election officers to act with the clerk, moderator, 
and selectmen at each polling place, four inspectors. Pro- 
vided that, if the number of voters qualified to vote at such 
polling place shall exceed two thousand, the mayor and board 
of aldermen of each city and the selectmen of each town may 
appoint for such polling place two additional inspectors for 
each additional two thousand qualified voters or fraction 
thereof. If the number of voters qualified to vote at any poll- 
ing place shall exceed four thousand they may appoint such 
additional inspectors as they may deem necessary for the 
efficient conduct of the election, so long as they do not appoint 
inspectors who will make a total of more than twenty-four 
election officials. 

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

[Approved April 3, 1945.] 



CHAPTER 94. 

AN ACT PROVIDING FOR THE TAXATION OF GOATS. 

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

1. Taxable Property. Amend paragraph VI of section 16 
of chapter 73 of the Revised Laws by striking out said para- 



1945] Chapter 95 89 

graph and inserting in place thereof the following: VI. 
Sheep, Goats and Hogs. Sheep and goats over one year old 
and hogs over six months old ; but two such hogs and two such 
goats to each family shall be exempt from taxation. 

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

[Approved April 3, 1945.] 



CHAPTER 95. 

AN ACT RELATING TO STATE TREASURER AND STATE ACCOUNTS. 

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

1. State Moneys. Amend section 11 of chapter 22 of the 
Revised Laws by inserting after the word "fees" in the fourth 
line, the words, and fines, so that said section as amended 
shall read as follows : 11. Application of Receipts. Moneys 
received by the state treasurer, as provided in section 10, shall 
be available for general revenue of the state with the follow- 
ing exceptions: Moneys received by the fish and game de- 
partment, which shall be credited to the fish and game fund; 
fees and fines from the motor vehicle department, which, 
after deducting the amount allowed by the legislature for 
maintaining said department and one hundred and fifty thou- 
sand dollars annually for maintaining in part the department of 
state police, shall be credited to the highway department for 
maintenance of highways ; fines and costs from the department 
of state police which shall be credited to the highway depart- 
ment for maintenance of highways; revenues from fees, 
rentals and the sale of products from lands under the juris- 
diction of the forestry and recreation commission which shall 
be credited as provided for in chapter 234; and the fees 
collected by the public service commission of railroads and 
public utilities for money paid out by the commission to ex- 
perts and assistants not in its regular employ, which fees shall 
be appropriated to reimburse the state for money so paid out. 
The full amount allowed for the maintenance of each insti- 
tution and department shall be appropriated by each legis- 
lature for the biennial period next following, and the money 
derived from the sale of farm and minor industrial products 



90 Chapter 96 [1945. 

of institutions shall be credited to the appropriation for the 
institution from which derived. 
[Approved April 3, 1945.] 



CHAPTER 96. 

AN ACT RELATIVE TO MEDICAL SERVICE CORPORATIONS. 

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

1. Medical Service Corporations. Amend paragraph II of 
section 3 of chapter 334-A of the Revised Laws, as inserted by 
chapter 166 of the Laws of 1943, by adding after the word 
"state" in the third line the words, except as provided by sec- 
tion 13, so that said paragraph as amended shall read as 
follows: IL Restriction. No medical 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 13. No license shall be issued to any medical service 
corporation until evidence is furnished the insurance commis- 
sioner that at least fifty per cent of the eligible physicians in 
New Hampshire, or the area in which the corporation 
operates, are participating physicians. 

2. Foreign Corporations. Amend said chapter 334-A of 
the Revised Laws, as inserted by said chapter 166 of the Laws 
of 1943, by adding at the end thereof the following new 
section: 13. Reciprocity. Any corporation organized under 
the laws of another state or country which except as to the 
state of organization is a medical service corporation as de- 
fined by section 1, and which the insurance commissioner finds 
has fully complied with the laws of such other state or coun- 
try, shall be entitled to do business within this state subject 
to the provisions of this chapter, after obtaining a license as 
provided by section 3; provided, however, that no such corpo- 
ration 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 medical service corporations organ- 
ized under the laws of this state. The insurance commis- 
sioner shall determine whether rights and privileges granted 



1945] Chapter 97 91 

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 5, 1945.] 



CHAPTER 97. 

AN ACT RELATING TO THE LIENS OF CLEANERS AND OTHERS. 

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

1. Liens and Enforcement. Amend chapter 264 of the Re- 
vised Laws by adding after section 40 the following new sec- 
tions: 41. Liens for Cleaning, Pressing, Glazing, Launder- 
ing or Dyeing. Every person who maintains an establishment 
for cleaning, pressing, glazing, laundering or dyeing who shall 
do any work on any article of personal property at the request 
of the owner or legal possessor of such property shall have a 
lien for such service, and may retain possession of such article 
until the charges for such work have been paid. 

42. Sale for Service Lien. If such lien remains un- 
discharged for a period of sixty days after work has been 
completed and such property is not to be placed in storage by 
agreement with the owner, the lienholder may sell such 
article at public or private sale, and the proceeds, after first 
paying the expenses of sale and the expense of storage after 
the expiration of said sixty days, shall be applied in payment 
of the debt, and the balance, if any, shall be paid over to the 
treasurer of the county where the sale is held, in trust for 
the owners. 

43. Notice and Record. Notice of such sale shall be 
given as provided in section 37, and record shall be made as 
provided in section 10, 

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

[Approved April 5, 1945.] 



92 Chapters 98, 99 [1945 

CHAPTER 98. 

AN ACT RELATIVE TO PROCEDURE FOR REAL ESTATE TAX SALES. 

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

1. Proceedings Against Real Estate. Amend section 19 of 
chapter 80 of the Revised Laws, as amended by section 3, 
chapter 33 of the Laws of 1943, and section 1, chapter 134 of 
the Laws of 1943, by striking out said section and inserting 
in place thereof the following: 19. Notice of Sale. The 
collector shall give notice of every sale by posting advertise- 
ments thereof in two or more public places in the town at 
least twenty-five 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 recorded by the 
selectmen, 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 
postofRce address of the owner or of the person against whom 
the tax was assessed. 

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

[Approved April 5, 1945.] 



CHAPTER 99.* 

AN ACT RELATING TO THE TAKING OF LAKE TROUT AND SALMON. 

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

1. Open Season. Salmon and lake trout may be taken by 
trolling and fly fishing from the passage of this act to Septem- 
ber first, 1945, except that the prohibition as to trolling with 
aid of a boat propelled by mechanical power after July first as 
provided in section 15 of chapter 245 of the Revised Laws 
shall remain in effect. 

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

[Approved April 5, 1945.] 



* See chapter 124, post. 



1945] Chapter 100 93 

CHAPTER 100. 

AN ACT FOR THE ESTABLISHMENT OF A COMMISSION TO STUDY 

AND REPORT ON THE FINANCES OF THE STATE OF 

NEW HAMPSHIRE. 

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

1. Or^nization. There is hereby created an interim com- 
mission to study and report on the finances of the state of 
New Hampshire, consisting of five members to be appointed 
by the governor with the advice and consent of the council. 
No more than tliree of said members shall belong to the same 
political party and the chairman of said commission shall be 
designated by the governor. Vacancies shall be filled in the 
same manner as original appointments. It shall be the duty 
of the commission to investigate, study and examine the en- 
tire financial structure of the state of New Hampshire, the 
laws relating to the control of finances and the operation of 
such laws, and to recommend such changes and revision of 
laws as appear desirable. The report of the commission shall 
be filed with the secretary of state prior to the biennial legis- 
lative session of 1947 and such distribution of said report 
shall be made as the governor may order. The authority of 
said commission shall terminate on filing said report. The 
members of said commission shall serve without pay but shall 
be allowed actual expenses incurred in the performance of 
their duties. 

2. Appropriation. There is hereby appropriated for the 
purposes hereof, the sum of one 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. 

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

[Approved April 10, 1945.] 



94 Chapter 101 [1945 

CHAPTER 101. 

AN ACT RELATIVE TO ABSENTEE VOTING. 

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

1. Absentee Voting; Forms. Prior to the biennial election 
of 1946 the secretary of state shall prepare in such quantities 
as he may deem necessary the f ohowing papers : 

I. Official absent voting ballots similar in form to the 
official ballot to be used at said election, and similarly en- 
dorsed, but printed on paper differing in color from that used 
for official or sample ballots. 

II. Blank forms of application for such ballots worded as 
follows : 

a. (To be used by absentee voters whose names are on 
the check-list) 

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 

b. (To be used by absentees who wish to be registered) 

To the city or town clerk of I, 

hereby apply for an official absent voting 

ballot. I believe I am entitled to be registered as a duly 

qualified voter in ward , city or town 

I am a citizen of the United 

States having been born in the city or town of 

in the state of 

on the day of in the 

year or having been naturalized on the 

day of in the year 

at in the state of 

and my legal residence is and has been since 

number on street in the city 

or town of I can read and write 

or I was a legal voter of this state on January 1, 1904. 

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: 



1945] Chapter 101 95 

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 



Registrars of voters or supervisors of the check-list of the 
of 

III. Envelopes of sufficient size to contain the ballots 
specified in paragraph I, on which shall be printed the oaths 
provided for in paragraphs IV and V. 

IV. All persons voting by absentee ballot shall subscribe 
and take one of the following oaths : 

a. (To be used by registered absentee voters) 

State of 

County of ^ ss. 

I, .* do solemnly 

swear (or affirm) that I am the identical person whom I repre- 
sent myself to be; that I am a duly quahfied voter in the city 

or town of , New 

Hampshire, in ward , that I have a legal voting resi- 
dence therein; and that I can read and write, or that I was a 
legal voter of said state on January 1, 1904. So help me God. 
(Signature) 

b. (To be used by absentee voters who are not 
registered) 

State of 

County of ss. 

I, do solemnly 

swear (or affirm) that I am the identical person whom I repre- 
sent myself to be ; that I am entitled to be registered and vote 

in the city or town of , New 

Hampshire, in ward ; that I am a citizen of the 

United States having been born in the city or town of 

in the state of 

on the day of in the year 

or having been naturalized on the day 



96 Chapter 101 [1945 

of in the year at 

in the state of ; 

that my legal residence is, and has been since 

, number on 

street in the city or town of ; 

that I can read and write. So help me God. 

(Signature) 

V. All persons voting by absentee ballot shall also sub- 
scribe and take the following oath : I, 

"do solemnly swear (or affirm) that I will 

be absent on election day from the city or town in which I am 
quahfied to vote, or because of physical disability I will be 
unable to vote in person at said election; that I have marked, 
enclosed and sealed the within ballot as stated hereon by the 
person taking my oath. So help me God. 

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

Name 

Official Title 

(Physician's Certificate) 

I, of (address) 

hereby certify that I am the attend- 
ing physician of the affiant, that I have made a careful ex- 
amination and am satisfied that he is unable by reason of 
physical disability to vote in person. 

(Signature) 

VI. Envelopes of size sufficient to contain the preceding, 
addressed to the clerks of the several cities and towns within 
the state, upon which shall be printed, Enclosed is the ballot 
of an absent voter, and at the top thereof blank spaces for the 
name, address and voting place of the sender, with the words, 
Name, Address and Ward appropriately printed thereon. 

VII. Copies of this section and other laws relative to 
absentee voting with such explanatory matter and in- 



1945] Chapter 102 97 

structions as the secretary of state, with the approval of the 
attorney general, shall deem appropriate to carry into effect 
the purposes hereof. 

2. Registration; Supervisors' Certificate. When an appli- 
cation for an official absent voting ballot is received by the 
clerk of a city or town, he shall transmit it to the registrars 
of voters or supervisors of the check-list of said city or town, 
who shall examine the same and, if they believe the signer to 
be a duly qualified voter, shall place his name upon the check- 
list unless he is already registered, and shall execute the cer- 
tificate thereon and return the application to said clerk. Said 
clerk shall deliver or mail the papers described in section 1 
hereof to all persons whose applications are certified as herein 
provided and shall keep lists of the names and addresses, 
arranged by voting places, of all persons to whom official 
absent voting ballots have been sent. Copies of said lists shall 
be open to inspection and shall be posted at the polling places 
during the day of election. 

3. Limitations. Notwithstanding the provisions of sec- 
tion 2, no name shall be placed upon the check-list under 
absentee voting ballot apphcation after the close of the last 
session of the supervisors for correction of check-lists. 

4. Laws Suspended. Such provisions of chapter 34 of the 
Revised Laws as are inconsistent with the provisions hereof 
shall be suspended during the effective dates hereof. 

5. Takes Effect. This act shall take effect upon its 
passage and continue in effect until July 1, 1947. 

[Approved April 10, 1945.] 



CHAPTER 102. 

AN ACT RELATIVE TO DOGS WHICH HAVE SERVED IN THE WAR. 

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

1. Licensing of Dogs. Amend chapter 180 of the Revised 
Laws by inserting after section 9 the following new section: 
9-a. Exemption from Fees. No fee shall be required for the 
registration and licensing of a dog which has served with the 
forces of the United States during the present war and which 
has received an honorable discharge therefrom. 



98 Chapter 103 [1945 

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

[Approved April 10, 1945.] 



CHAPTER 103. 



AN ACT RELATING TO LICENSE FOR TRANSPORTING LIVESTOCK 
BY MOTOR VEHICLE. 

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

1. Transporting Livestock. Amend section 8 of chapter 230 
of the Revised Laws, as inserted by chapter 172 of the Laws 
of 1943, by striking out said section and inserting in place 
thereof the following: 8. License. Upon appHcation, the 
commissioner of agriculture may, if he is satisfied with the 
responsibility and character of the applicant, issue a license 
to such applicant, upon payment of the fee as provided in 
section 8-a, to transport livestock by motor vehicle upon any 
public highway in this state. Said hcense shall be for the 
current calendar year and may be renewed, upon payment of 
the renewal fee, so long as the commissioner is satisfied as 
to the responsibility and character of the applicant. It shall 
be carried by the licensee or be in his motor vehicle when said 
vehicle is being used for such transportation. 

2. Requirements for License. Amend said chapter 230 by 
adding after section 8 the following new section : 8-a. Fees. 
The fee for each license shall be fifty cents. All fees received 
hereunder shall be paid to the commissioner of agriculture for 
the payment of expenses incurred hereunder. 

3. Violations. Amend section 11 of said chapter 230 by 
striking out the words "one thousand" and inserting in place 
thereof the words, five hundred, so that said section as 
amended shall read as follows: 11. Penalty. Any person 
violating the provisions of this subdivision shall be fined not 
exceeding five hundred dollars, or imprisoned not exceeding 
one year, or both. 

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

[Approved April 10, 1945.] 



1945] Chapter 104 99 

CHAPTER 104. 

AN ACT CONCERNING CONDITIONAL SALES AND TO MAKE UNI- 
FORM THE LAW RELATING THERETO. 

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

1. Uniform Conditional Sales Law. Amend the Revised 
Laws by adding- after chapter 262-A, as inserted by chap- 
ter 161 of the Laws of 1943, the following new chapter: 

Chapter 262-B 
Uniform Conditional Sales Law 
1. Definition of Terms. In this chapter "Conditional 
sale" means (1) any contract for the sale of goods under 
which possession is delivered to the buyer and the property 
in the goods is to vest in the buyer at a subsequent time upon 
the payment of part or all of the price, or upon the per- 
formance of any other condition or the happening of any con- 
tingency; or (2) any contract for the bailment or leasing of 
goods by which the bailee or lessee contracts to pay as com- 
pensation a sum substantially equivalent to the value of the 
goods, and by which it is agreed that the bailee or lessee is 
bound to become, or has the option of becoming the owner of 
such goods upon full compliance with the terms of the con- 
tract. 

"Buyer" means the person who buys or hires the goods 
covered by the conditional sale, or any legal successor in in- 
terest of such person. 

"Recording district" means the subdivision of the state in 
which conditional sale contracts are required by this chapter 
to be recorded. 

"Goods" means all chattels personal other than household 
goods and things in action and money, and includes emble- 
ments, industrial growing crops, and things attached to or 
forming a part of land which are agreed to be severed before 
sale or under the conditional sale. 

"Performance of the condition" means the occurrence of the 
event upon which the property in the goods is to vest in the 
buyer, whether such event is the performance of an act by 
the buyer or the happening of a contingency. 

"Person" includes an individual, partnership, corporation, 
and any other association. 



100 Chapter 104 [1945 

"Purchase" includes mortgage and pledge. 

"Purchaser" includes mortgagee and pledgee. 

"Seller" means the person who sells or leases the goods 
covered by the conditional sale, or any legal successor in in- 
terest of such person. 

"Recorded" and "Recording" shall include "Filed for record" 
and "Filing for record" wherever the context will permit. 

Automobiles, busses, trucks, tractors, trailers and other 
automotive and appurtenant vehicles and machinery and 
equipment on wheels and intended for use from time to time 
in different places, shall be considered as "kept for use" or 
"kept" at the place or places where they are principally 
garaged or kept when not in actual use. 

2. Primary Rights of Buyer. The buyer shall have the 
right when not in default to retain possession of the goods, 
and he shall also have the right to acquire the property in the 
goods on the performance of the conditions of the contract. 
The seller shall be liable to the buyer for the breach of all 
promises and warranties, express or implied, made in the 
conditional sale contract, whether or not the property in the 
goods has passed to the buyer. 

3. Primary Rights of Seller. The buyer shall be liable 
to the seller for the purchase price, or for installments there- 
of, as the same shall become due, and for breach of all 
promises made by him in the conditional sale contract, 
whether or not the property in the goods has passed to the 
buyer. 

4. Conditional Sales Valid Except as Otherwise Provided. 
Every provision in a conditional sale reserving property in the 
seller after possession of the goods is delivered to the buyer, 
shall be valid as to all persons, except as hereinafter other- 
wise provided. 

5. Conditional Sales Void as to Certain Persons. Every 
provision in a conditional sale reserving property in the seller, 
which is required to be recorded hereunder, shall be void as to 
any purchaser from or creditor of the buyer, who, without 
notice of such provision, purchases the goods for value or 
acquires by attachment or levy a lien upon them, before the 
contract shall be recorded as hereinafter provided, unless such 
contract is so recorded within twenty days after the making 
of the conditional sale. 



1945] Chapter 104 101 

6. Place of Recording. The conditional sale contract 
shall be recorded in the office of the clerk in the town, city or 
place, if any, in which the goods are first kept for use in 
this state by the buyer after the sale, or if so kept in any 
town or place having no clerk, in the registry of deeds for the 
county in which such town or place is located. It shall not 
be necessary to the validity of such conditional sale contract, 
or in order to entitle it to be recorded, that it be acknowl- 
edged or attested. This section shall not apply to the con- 
tracts described in section 8. 

7. Fixtures. If the goods are so affixed to realty, at 
the time of a conditional sale or subsequently as to become a 
part thereof and not to be severable wholly or in any portion 
without material injury to the freehold, the reservation of 
property as to any portion not so severable shall be void after 
the goods are so affixed, as against any person who has not 
expressly assented to the reservation. If the goods are so 
affixed to realty at the time of a conditional sale or sub- 
sequently as to become part thereof but to be severable with- 
out material injury to the freehold, the reservation of prop- 
erty shall be void after the goods are so affixed as against 
subsequent purchasers of the realty for value and without 
notice of the conditional seller's title, unless the conditional 
sale contract, together with a statement signed by the seller 
briefly describing the realty and stating that the goods are 
or are to be affixed thereto, shall be recorded before such 
purchase in the registry of deeds for the county in which the 
realty is situated. As against the owner or prior mortgagee 
of realty the reservation of the property in goods by a con- 
ditional seller shall be void when such goods are to be so 
affixed to the realty as to become part thereof but to be 
severable without material injury to the freehold, unless the 
conditional sale contract, together with a statement signed 
by the seller briefly describing the realty and stating that the 
goods are to be affixed thereto, shall be recorded before they 
are affixed, in the registry of deeds for the county in which 
the realty is situated. 

8. Railroad Equipment or Rolling Stock. No conditional 
sale of railroad, or street or interurban railway equipment or 
rolling stock shall be valid as against the purchasers and 
creditors described in section 5, unless the contract shall be 
executed with the formalities of a deed of real property and 



102 Chapter 104 [1945 

recorded in the office of the secretary of state; and unless 
when any engine or car so sold is delivered there shall then be 
plainly marked upon each side thereof the name of the seller, 
followed by the word "owner." 

9. Conditional Sale of Goods for Resale. When goods are 
delivered under a conditional sale contract and the seller con- 
sents in writing that the buyer may resell them prior to per- 
formance of the condition, the reservation of property shall 
be void against purchasers from the buyer for value in the 
ordinary course of business, and as to them the buyer shall 
be deemed the owner of the goods, even though the contract 
shall be recorded according to the provisions of this chapter. 

10. Recording. The recording officer shall indorse upon 
the instrument filed with him the day and hour and place of 
recording and shall keep a proper index of all conditional sale 
contracts and all cancellations thereof recorded in his office. 
Fees for recording and indexing the records of conditional 
sales and cancellations thereof and other items under this 
chapter shall be the same as provided for registers of deeds 
for recording and indexing the records of mortgages and dis- 
charges thereof. 

11. Recording Period and Extensions Thereof. The 
recording of conditional sale contracts provided for in sec- 
tions 5, 6, 7 and 14 shall be valid for a period of three years 
only. The recording of the contract provided for by section 8 
shall be valid for a period of fifteen years only. The validity 
of the recording may in each case be extended for successive 
additional periods of one year from the date of expiration of 
any period by recording in the proper recording district within 
thirty days next preceding the expiration of any period, a 
statement signed by the seller, showing that the contract is 
in force and the amount remaining to be paid thereon. 

12. Cancellation of Contract. After the performance of 
the condition, upon written demand delivered personally or by 
registered mail by the buyer or any other person having an 
interest in the goods, the seller shall execute and deliver to 
the demandant a statement that the condition in the contract 
has been performed. If for ten days after receipt of such 
demand the seller fails to mail or deliver such a statement of 
satisfaction, he shall forfeit to the demandant five dollars and 
be liable for all damages suffered. Upon presentation of such 
statement of satisfaction the recording officer shall record the 



1945] Chapter 104 103 

same which record or a reference thereto shall appear on the 
margin of the page where the contract has been recorded. 

13. Prohibition of Removal or Sale Without Notice. 
Prior to the performance of the condition, no buyer shall re- 
move the goods from a recording district in which the con- 
tract is recorded, except for temporary uses for a period of 
not more than thirty consecutive days, unless the buyer not 
less than five days before such removal shall give the seller 
personally or by registered mail written notice of the place to 
which the goods are to be removed, the approximate time of 
such intended removal and the length of time during which 
he intends to keep such goods in any recording district to which 
they are to be removed; nor prior to the performance of the 
condition shall the buyer sell, mortgage or otherwise dispose 
of his interest in the goods, unless the seller shall consent 
thereto in writing. If any buyer does so remove the goods, 
or does so sell, mortgage or otherwise dispose of his interest 
in them without such notice or consent, the seller may retake 
possession of the goods and deal with them as in case of de- 
fault in payment of part or all of the purchase price. The 
provisions of this section regarding the removal of goods shall 
not apply, however, to automobiles removed for vacation pur- 
poses or to the goods described in section 8. 

14. Re-recording on Removal. When, prior to the per- 
formance of the condition, the goods are removed by the 
buyer from a recording district in this state and are to be kept 
for more than thirty days in another recording district in this 
state in which such contract is not recorded, or are removed 
from another state and are to be kept for more than thirty 
days in a recording district in this state where such contract 
is not recorded, the reservation of the property in the seller 
shall be void as to the purchasers and creditors described in 
section 5, unless the conditional sale contract shall be recorded 
in the recording district to which the goods are so removed, 
within twenty days after the seller has received notice of the 
recording district to which the goods have been so removed. 
The provisions of this section shall not apply, however, to 
automobiles removed for vacation purposes or to the goods 
described in section 8. 

15. Fraudulent Injury; Concealment; Removal or Sale. 
When, prior to the performance of the condition (1) any 
buyer or conditional purchaser of any personal property 



104 Chapter 104 [1945 

maliciously or with intent to defraud, shall injure, destroy or 
conceal the goods or other personal property, or (2) any buyer 
with such intent shall remove the goods to a recording dis- 
trict where the contract is not recorded, without having given 
the notice required by section 13, or (3) any buyer or con- 
ditional purchaser of any personal property shall sell, mort- 
gage, or otherwise dispose of such goods under claim of full 
ownership, he shall be imprisoned for not more than one year 
or be fined not more than five hundred dollars, or both. 

16. Retaking Possession. When the buyer shall be in 
default in the payment of any sum due under the contract, or 
in the performance of any other condition which the contract 
requires him to perform in order to obtain the property in the 
goods, or in the performance of any promise, the breach of 
which is by the contract expressly made a ground for the 
retaking of the goods, the seller may retake possession there- 
of. Unless the goods can be retaken without breach of the 
peace, and with the consent of the buyer, they shall be re- 
taken by legal process, and nothing herein shall be construed 
to authorize a breaking and entering of a private dwelling or 
other violation of the criminal law. 

17. Notice of Intention to Retake. Not more than forty 
nor less than twenty days prior to the retaking, the seller, 
if he so desires, may serve upon the buyer personally or by 
registered mail a notice of intention to retake the goods on 
account of the buyer's default. The notice shall state the 
default and the period at the end of which the goods will be 
retaken and shall briefly and clearly state what the buyer's 
rights under this chapter will be in case they are retaken. If 
the notice is so served and the buyer does not perform the 
obligations in which he has made default before the day set 
for retaking, the seller may retake the goods and hold them 
subject to the provisions of sections 19, 20, 21, 22, 23 and 25 
regarding resale, but without any right of redemption. 

18. Redemption. If the seller does not give the notice 
of intention to retake described in section 17, he shall retain 
the goods for ten days after the retaking (1) at some place 
within the state in which they were located when retaken, or 
(2) if retaken outside of the state of New Hampshire, at some 
place in the state in which they were retaken, or in a town or 
city, if any, within the state of New Hampshire in which the 
original seller or his successor in interest maintains a prin- 



1945] Chapter 104 105 

cipal place of business, during which period the buyer, upon 
payment or tender of the amount due under the contract at 
the time of retaking and interest, or upon performance or 
tender of performance of such other condition as may be 
named in the contract, as precedent to the passage of the 
property in the goods, or upon performance or tender of per- 
formance of any other promise for the breach of which the 
goods were retaken, and upon payment of the expenses of 
retaking, keeping and storage, may redeem the goods and be- 
come entitled to take possession of them and to continue in 
the performance of the contract as if no default had occurred. 
Upon written demand delivered personally or by registered 
mail by the buyer, the seller shall furnish to the buyer a 
written statement of the sum due under the contract and the 
expense of retaking, keeping and storage. For failure to 
furnish such statement within a reasonable time after de- 
mand, the seller shall forfeit to the buyer ten dollars and also 
be liable to him for all damages suffered because of such 
failure. If the goods are perishable so that retention for ten 
days as herein prescribed would result in their destruction or 
substantial injury, the provisions of this section shall not 
apply, and the seller may remove the goods to any place and 
resell them at public auction or private sale immediately upon 
their retaking. The provision of this section requiring the 
retention of the goods within the state where they are re- 
taken or at some particular place in this state during the 
period allowed for redemption shall not apply to the goods 
described in section 8. 

19. Compulsory Resale by Seller. If the buyer does not 
redeem the goods within ten days after the seller has retaken 
possession, and the buyer has paid at least fifty per cent of 
the purchase price at the time of the retaking, the seller shall 
sell them at public auction (1) at some place within the state 
in which they were located when retaken, or (2) if retaken 
outside of the state of New Hampshire, at some place in the 
state in which they were retaken, or in a town or city, if any, 
within the state of New Hampshire where the original seller 
or his successor in interest maintains a principal place of busi- 
ness, such sale to be held not more than thirty days after the 
retaking. The seller shall give to the buyer not less than ten 
days' written notice of the sale, either personally or by 
registered mail, directed to the buyer at his last known place 



106 Chapter 104 [1945 

of business or residence. The seller shall also give notice of 
the sale by at least two notices posted in different public 
places within the town, city or other place where the goods 
are to be sold, at least five days before the sale. The seller 
may bid for the goods at the resale. If the goods are of the 
kind described in section 8, the parties may fix in the con- 
ditional sale contract the place where the goods shall be resold. 

20. Resale at Oi^tion of Parties. If the buyer has not 
paid at least fifty per cent of the purchase price at the time 
of the retaking, the seller shall not be under a duty to resell 
the goods as prescribed in section 19, unless the buyer serves 
upon the seller, within ten days after the retaking, a written 
notice demanding a resale, delivered personally or by regis- 
tered mail, and shall within such ten-day period pay or tender 
payment to the seller of the sum of twenty-five dollars or an 
amount equal to ten per cent of all amounts paid on the pur- 
chase price, whichever is greater, to be applied with the pro- 
ceeds of the resale as provided in section 21.^ If such notice 
is served and such payment made or tendered, the resale shall 
take place within thirty days after the service, in the manner, 
at the place and upon the notice prescribed in section 19. The 
seller may voluntarily resell the goods for account of the 
buyer on compliance with the same requirements. 

21. Proceeds of Resale. The proceeds of the resale shall 
be applied (1) to the payment of the expenses thereof, (2) to 
the payment of the expenses of retaking, keeping and storing 
the goods, (3) to the satisfaction of the balance due under 
the contract. Any sum remaining after the satisfaction of 
such claims shall be paid to the buyer. 

22. Deficiency on Resale. If the proceeds of the resale 
are not sufficient to defray the expenses thereof, and also the 
expenses of retaking, keeping and storing the goods and the 
balance due upon the purchase price, the seller may recover 
the deficiency from the buyer, or from anyone who has 
succeeded to the obligations of the buyer. 

23. Rights of Parties When There is No Resale. When 
there is no resale, the seller may retain or dispose of the goods 
as his own property and the rights of the parties shall be 
determined by the provisions of section 25. 

24. Election of Remedies. Neither the bringing of an 
action by the seller for the recovery of the whole or any part 
of the price, nor the recovery of judgment in such action, nor 



1945] Chapter 104 107 

the collection of a portion of the price, shall be deemed in- 
consistent with a later retaking of the goods as provided in 
section 16. But such right of retaking shall not be exercised 
by the seller after he has collected the entire price, or after he 
has claimed a lien upon the goods, or attached them, or levied 
upon them as the goods of the buyer. 

25. Recovery of Part Payments. If the seller fails to 
comply with the provisions of section 18 when applicable or 
with the provisions of sections 19, 20 and 21 after retaking 
the goods, the buyer may recover from the seller his actual 
damages, if any ; and regardless of the final disposition of any 
goods retaken because of any default mentioned in section 16, 
the seller may recover any loss which he suffers by reason of 
the fact that goods so retaken are insufficient to pay the 
balance of the purchase price and all reasonable expenses in- 
curred within thirty days after the retaking for retaking, 
storing and selling the same. 

26. Waiver of Statutory Protection. No act or agree- 
ment of the buyer before or at the time of the making of the 
contract, nor any agreement or statement by the buyer in 
such contract, shall constitute a valid waiver of the provisions 
of sections 18, 19, 20, 21, 23 and 25; except that the contract 
may stipulate that on such default of the buyer as is pro- 
vided for in section 16, the seller may rescind the conditional 
sale, either as to all the goods or as to any part thereof for 
which a specific price was fixed in the contract. If the con- 
tract thus provides for rescission, the seller at his option may 
retake such goods without complying with or being bound by 
the provisions of sections 17 to 25 inclusive, as to the goods 
retaken, upon crediting the buyer with the full purchase price 
of these goods. So much of this credit as is necessary to 
cancel any indebtedness of the buyer to the seller shall be so 
applied, and the seller shall repay to the buyer on demand any 
surplus not so required. 

27. Loss and Increase. After the delivery of the goods 
to the buyer and prior to the retaking of them by the seller, 
the risk of injury and loss shall rest upon the buyer. The in- 
crease of the goods and all additions, improvements and acces- 
sories attached thereto shall be subject to the same conditions 
as the original goods. 

28. Act Prospective Only. This chapter shall not apply 
to conditional sales made prior to the time when it takes 
effect. 



108 Chapter 105 [1945 

29. Rules for Cases not Provided for. In any case not 
provided for in this chapter the rules of law and equity, in- 
cluding the law merchant, and in particular those relating to 
principal and agent and to the effect of fraud, misrepresen- 
tation, duress or coercion, mistake, bankruptcy, or other in- 
validating cause, shall continue to apply to conditional sales. 

30. Recording; Copies. The recording provisions of this 
chapter may be complied with ^by recording the original con- 
tract or a copy thereof duly certified by the seller. 

31. Uniformity of Interpretation. This chapter shall be 
so interpreted and construed as to effectuate its general pur- 
pose to make uniform the law of those states which enact it. 

32. Short Title. This chapter may be cited as the Uni- 
form Conditional Sales Law. 

2. Inconsistent Laws Repealed. Except as to conditional 
sales made prior to the time when this act takes effect, Re- 
vised Laws, chapter 262, sections 29 to 42 inclusive and chap- 
ter 168 of Laws of 1943 are hereby repealed. 

3. Takes Effect. This act shall take effect July 1, ] 945. 
[Approved April 10, 1945.] 



CHAPTER 105. 



AN ACT TO PROTECT THE HEALTH, SAFETY AND GENERAL 
WELFARE OF THE CITIZENS OF ANY CITY BY PROVIDING FOR 
THE ADOPTION OF STANDARDS FOR THE DESIGN AND 
CONSTRUCTION OF BUILDINGS AND FIRE PROTEC- 
TION INCIDENT THERETO BY REFERENCE. 

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

1. Building Codes; Adoption by Reference. Amend 
chapter 66 of the Revised Laws by adding at the end thereof 
the following new subdivision : 

Building Codes 
18. Grant of Power. The board of mayor and alder- 
men, or the corresponding governmental body of any city, is 
hereby empowered and authorized in the passing and adopting 
of ordinances, establishing codes, rules and regulations for 
the construction of buildings, relating to the installation of 
plumbing, the use of concrete, masonry, metal, iron and wood. 



1945] Chapter 105 109 

and other building material, the installation of electric wiring, 
and fire protection incident thereto to adopt any nationally 
recognized code, rules and regulations to develop good en- 
gineering practice and safety that have been printed as a code 
in book form or such portions thereof by reference thereto 
in such ordinance; provided, that upon adoption of such ordi- 
nance wherein such code, rules and regulations or portions 
thereof have been incorporated by reference, there shall be 
filed three copies of such code, rules and regulations in the 
office of the building inspector and three copies in the oflfice 
of the city clerk. All copies of any code, rules and regulations 
filed as provided herein, shall be for use and examination by 
the public. 

19. Amendment. Any such ordinance may be amended 
or supplemented in like manner, provided, that three copies 
of such ordinance, as amended or supplemented, shall be filed, 
as provided in section 1, in the office of the building inspector 
and three copies filed in the office of the city clerk for use and 
examination by the public. 

20. Exception. The provisions of the preceding sections 
shall not be construed to permit the adoption by reference of 
penalty clauses which may be part of any nationally recog- 
nized code, rules and regulations. The said city councils shall 
have power to annex penalties deemed necessary, not exceed- 
ing one thousand dollars, for the breach of any violation of 
any such ordinance. 

21. Examination by Public. At least thirty days prior 
to the adoption of any such ordinance or any amendment or 
supplement thereto, not less than three copies of such code or 
regulation referred to shall have been filed in the office of the 
building inspector, and three copies in the office of the city 
clerk for the use and examination of the public. 

22. Public Hearing; Notice. No such ordinance or 
amendments or supplements thereto, as hereinbefore set 
forth, shall become effective or be altered until after a public 
hearing in relation thereto, at which parties in interest and 
citizens shall have an opportunity to be heard. Notice of the 
time and place of such hearing shall be published in a paper 
of general circulation in the state at least fifteen days before 
the holding of said hearing. 

23. Constitutionality. If any provision of this sub- 
division, or the application of such provision to any person or 



110 Chapters 106, 107 [1945 

circumstance, shall be held invalid, the remainder of said sub- 
division, or the application of such provisions to persons or 
circumstances other than those as to which it is held invalid, 
shall not be affected thereby. 

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

[Approved April 10, 1945.] 



CHAPTER 106. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR ADVERTISING. 

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

1. Town Appropriations. Amend paragraph XIX of sec- 
tion 4 of chapter 51 of the Revised Laws by striking out said 
paragraph and inserting in place thereof the following: XIX. 
ADVERTISING. To issue and distribute or contribute toward 
the issuance and distribution through other agencies of 
circulars and other written or printed matter and to con- 
tribute through other agencies toward publicity by other 
means and toward promotional activities calling atten- 
tion to the resources and natural advantages of the town. 

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

[Approved April 10, 1945.] 



CHAPTER 107. 

AN ACT RELATING TO THE SHIPMENT OF LIVESTOCK. 

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

1. Restrictions for Shipment. Amend section 4 of chap- 
ter 230 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 4. Diseased 
Animals. Cattle which have reacted to the tuberculin or 
agglutionation test for Brucellosis or any animal or animals 
infected with a contagious or infectious disease, shall not be 
shipped, transported, received for transportation or otherwise 



1945] Chapter 108 111 

moved for immediate slaughter unless the following conditions 
and restrictions are complied with: I. The cattle shall be 
shipped, transported or moved to an establishment or a public 
stockyard where state or federal inspection is maintained, and 
shall there be slaughtered under such inspection. 11. The 
cattle shall be marked for identification by branding and tag- 
ging as provided in section 67 of chapter 229. III. The cattle 
shall be accompanied to destination by a certificate issued by 
the state commissioner on domestic animals or the bureau of 
animal industry. IV. Transportation companies shall plainly 
.write or stamp upon the face of waybills, conductors' mani- 
fests and memoranda pertaining to such shipment the words, 
Diseased Animals. V. All trucks, vehicles or equipment 
used for the transportation of diseased animals shall be 
properly cleaned after each shipment. 

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

[Approved April 10, 1945.] 



CHAPTER 108. 



AN ACT RELATIVE TO RULES FOR THE MEASUREMENT OF ROUND 

TIMBER. 

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

1. Rules for Measurement. Amend section 5 of chap- 
ter 201 of the Revised Laws by striking out said section and 
inserting in place thereof the following: 5. Round Timber. 
Unless the parties shall otherwise agree in writing the follow- 
ing shall be the rule for measuring round timber, where 
quantity is estimated by the thousand: A stick of timber 
sixteen inches in diameter and twelve inches in length shall 
constitute one cubic foot, and the same ratio shall apply to 
any other size and quantity. Each cubic foot shall constitute 
ten feet of a thousand. 

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

[Approved April 10, 1945.] 



112 Chapters 109, 110 [1945 

CHAPTER 109. 

AN ACT ESTABLISHING REFORESTATION WEEK. 

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

1. Proclamation. The governor shall annually proclaim 
May first to seventh, inclusive, as reforestation week and shall 
request the citizens of the state to observe said anniversary 
by planting and caring for young forest trees. 

2. Takes Effect. This act shall take effect May 1, 1945. 
[Approved April 10, 1945.] 



CHAPTER 110. 

AN ACT RELATIVE TO TERM OF OFFICE OF A FIRE CHIEF. • 

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

1. Town Officers. Amend chapter 175 of the Revised 
Laws, by inserting after section 5 the following new section: 
5-a. Chief Fireward or Engineer. The chief fireward or en- 
gineer, in any town which has adopted the provisions hereof, 
shall be appointed for an indefinite period of time and his 
tenure of office shall depend upon his good conduct and 
efficiency. Said chief or engineer shall be technically quali- 
fied by training or experience and shall have ability to com- 
mand men and hold their respect and confidence. He shall 
be removed only for just cause and after hearing with reason- 
able notice in writing of the charges against him. Any town 
may adopt the provisions hereof at any annual meeting by an 
article in the warrant calling for such action. 

2. Powers of City Councils. Amend chapter 66 of the Re- 
vised Laws by adding after section 9 the following new sec- 
tion: 9-a. Fire Chief; Deputy Chief. The city councils of 
any city shall have the power to pass an ordinance which shall 
provide that the chief, or any deputy chief, of the fire depart- 
ment of said city shall be appointed for an indefinite period of 
time, that no person shall be appointed to said office except 
one technically qualified by training or experience, and that 
said appointee shall be removed only for just cause and after 



1945] Chapter 111 113 

hearing with reasonable notice in writing of the charges 
against him. 

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

[Approved April 10, 1945.] 



CHAPTER 111. 

AN ACT RELATIVE TO EMERGENCY APPROPRIATIONS. 

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

1. Authority Conferred. In case the appropriations for 
the ensuing biennium for 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- 
gram, the governor and council are hereby authorized to pro- 
vide for such necessities in an amount not to exceed two hun- 
dred 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 au- 
thorized, under the direction of the governor and council, to 
borrow upon the credit of the state, for the purpose of carry- 
ing into effect the provisions of this act, not more than 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, 1956. 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 



114 Chapters 112, 113 [1945 

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 and fifty thousand 
dollars. 

4. Takes Effect. This act shall take effect July 1, 1945. 
[Approved April 10, 1945.] 



CHAPTER 112. 



AN ACT PROVIDING FOR ISSUANCE WITH STATE GUARANTEE OF 

EMERGENCY NOTES AND BONDS BY TOWNS, CITIES AND 

COUNTIES. 

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

1. Emergency Town, City and County Notes. Section 8 of 
chapter 63, Laws of 1933, as amended by chapter 39, Laws of 
1935, chapter 1, Laws of 1937, chapter 38, Laws of 1939, 
chapter 8, Laws of 1941, and chapter 69, Laws of 1943, im- 
posing a time limitation upon issuance of certificates of 
emergency and the state guarantee of payment of loans of 
towns, cities and counties, is hereby repealed. 

2. Takes Effect. This act shall take effect as of April 4, 
1945. 

[Approved April 10, 1945.] 



CHAPTER 113. 



AN ACT EXTENDING THE AUTHORITY OF THE GOVERNOR AND 
COUNCIL TO MAKE LOANS TO PROTECT CERTAIN STATE 

BONDS. 

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

1. Extension of Time, Amend section 3 of chapter 61 of 
the Laws of 1943, by striking out the figure "1945" and insert- 



1945] Chapter 114 115 

ing in place thereof the figure, 1947, so that said section as 
amended shall read as follows: 3. Limitation. The author- 
ity granted to the governor and council to make the loans 
herein authorized shall expire June 30, 1947. 

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

[Approved April 10, 1945.] 



CHAPTER 114. 

AN ACT RELATIVE TO INSPECTION OF DAIRIES. 

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

1. Commissioner of Agriculture. Amend section 57 of 
chapter 194 of the Revised Laws by inserting before the word 
"shall" in the tenth line the words, or any instruction issued 
under the provisions of this section, and by inserting after the 
word "fined" the words, not more than, so that said section 
as amended shall read as follows: 57. Inspection, Dairies. 
If the commissioner, or his deputy, has reason to believe that 
milk or cream, or part thereof, is produced or kept under un- 
sanitary conditions he shall inspect the dairy and premises of 
the producer thereof, and shall issue such instructions as in 
his judgment will effect improvement to a satisfactory stand- 
ard. In case his instructions are not complied with he may 
order, in writing, the owners, operators or managers of any 
station receiving such milk or cream and of neighboring re- 
ceiving stations, to refuse to receive such milk or cream until 
permitted so to do by order of the commissioner. Whoever dis- 
obeys such order or any instruction issued under the pro- 
visions of this section shall be fined not more than fifty 
dollars. 

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

[Approved April 12, 1945.] 



116 Chapters 115, 116 [1945 

CHAPTER 115. 

AN ACT RELATING TO LICENSES TO OPERATE MOTOR VEHICLES. 

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

1. Motor Vehicle Operators. Amend section 13 of chap- 
ter 117 of the Revised Laws by striking out in the sixth line 
the words "he resides" and inserting in place thereof the 
words, the motor vehicle is registered; further amend by- 
striking out in the seventh line the words "of his residence" 
and inserting in place thereof the words, where said motor 
vehicle is registered, so that said section as amended shall 
read as follows: 13. Nonresident Privileges. Whenever a 
motor vehicle of a nonresident may be operated on the ways of 
this state, without registration, or is operated under a 
neutral zone registration, such vehicle may be operated by its 
owner or by his chauffeur or employee without a license 
from the commissioner if the operator or chauffeur is duly 
licensed under the laws of the state, district, or country in 
which the motor vehicle is registered, or has complied fully 
with the laws of the state where said motor vehicle is regis- 
tered respecting the licensing of motor vehicle operators ; pro- 
vided, that said state, district, or country grants like privileges 
to residents of this state, 

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

[Approved April 12, 1945.] 



CHAPTER 116. 

AN ACT RELATING TO FEDERAL SURPLUS COMMODITIES. 

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

1. Purchase of Federal Surplus Property. The state pur- 
chasing agent may enter into any contract with the United 
States of America or with any agency thereof for the pur- 
chase, lease or other acquisition of any equipment, supplies or 
materials whenever, in his opinion, it is to the best interest 
of the state to do so, and without regard- to any provision of 
law requiring competitive bids. 



1945] Chapter IJ? 117 

2. Acceptance of Donations. The state purchasing agent 
on behalf of the state, the county commissioners on behalf 
of a county, the mayor on behalf of a city, and the selectmen 
on behalf of a town, may accept donations or gifts from the 
federal government of federal surplus commodities. 

3. Purchases for Counties, Cities and Towns. Whenever 
the governing body of any county, city or town so desires and 
notifies the state purchasing agent in writing to that effect, 
the state purchasing agent may purchase from the federal 
government on behalf of such county, city or town any equip- 
ment, supplies or materials designated by said governing body. 

4. Inconsistent Laws. Any laws, ordinances, rules or 
regulations inconsistent with the provisions of this act are 
hereby suspended to the extent of such inconsistency. 

5. Takes Effect. This act shall take effect upon its 
passage and shall remain in effect only until five years from 
the date of termination of the present war. 

[Approved April 12, 1945.] 



CHAPTER 117. 

AN ACT RELATIVE TO PARI MUTUEL POOLS AT RACE MEETS. 

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

1. Horse Racing. Amend section 15 of chapter 171 of the 
Revised Laws, as amended by chapter 83 of the Laws of 1943, 
by striking out the figure "1946" in the sixth line and insert- 
ing in place thereof the figure, 1950; by inserting after the 
word "eleven" in the seventh line the words, and one-half, and 
by striking out the words "four and one-half" in the four- 
teenth line and inserting in place thereof the word, five, 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 commission is hereby permitted and authorized during 
the calendar years 1941 to 1950, inclusive. Commissions on 
such pools shall in no event and at no track exceed eleven and 
one-half per cent of each dollar wagered, plus the odd cents 



118 Chapter 117 [1945 

of all redistribution to be based on each dollar wagered ex- 
ceeding a sum equal to the next lowest multiple of ten, known 
as "breakage," one half of which breakage shall be retained 
by the licensee and the balance shall be paid to the state 
treasurer for the use of the state in accordance with the pro- 
visions of section 2. Said maximum shall include the five per 
cent tax hereinafter prescribed. 

2. Distribution of Funds. Amend section 16 of chapter 171 
of the Revised Laws by striking out the words "four and one- 
half" in the third line and inserting in place thereof the word, 
five, and by striking out the words "one-quarter" in the sixth 
hne and inserting in place thereof the words, three-quarters, 
so that said section as amended shall read as follows: 16. 
Tax. Each person, association, or corporation licensed to con- 
duct a race or race meet under this chapter shall pay to the 
state treasurer a sum equal to five per cent of the total con- 
tributions to all pari mutuel pools conducted or made at any 
race or race meet licensed hereunder. Of the amount so paid 
to the state treasurer a sum equal to four and three-quarters 
per cent of said total contributions shall be distributed in 
accordance with the provisions of section 2, and a sum equal 
to one quarter of one per cent of said total contributions shall 
be expended for the promotion of agriculture in the state 
under tHe direction of the commissioner of agriculture. Each 
person, association, or corporation licensed to conduct a race 
or race meet under this chapter shall also pay to the city or 
town treasurer in which the racing plant is located the sum of 
two hundred and fifty dollars for each day of racing, provided, 
said person, association, or corporation has a license to con- 
duct races or race meets for more than eight days during the 
year for which the license is issued. If said person, asso- 
ciation, or corporation has a license to conduct races or race 
meets for less than said eight days, the said per diem fee shall 
be determined by the commission. 

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

[Approved April 18, 1945.] 



1945] Chapters 118, 119, 120 119 

CHAPTER 118. 

AN ACT RELATING TO CLERK HIRE IN THE OFFICE OF SHERIFF FOR 
HILLSBOROUGH COUNTY. 

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

1. Hillsborough County Sheriff's Office. Amend section 28, 
chapter 380 of the Revised Laws, by adding after section 28 
the following new section: 28-a. Clerk Hire. The sheriff 
for Hillsborough county shall be allowed the sum of twelve 
hundred dollars annually for clerk hire payable weekly by 
said county. 

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

[Approved April 18, 1945.] 



CHAPTER 119. 



AN ACT RELATIVE TO COMPENSATION OF CLERKS OF THE COUNTY 
COMMISSIONERS OF HILLSBOROUGH COUNTY. 

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

1. Hillsborough County Commissioners. Amend section 28 
of chapter 47 of the Revised Laws by striking out the words 
"The salary of each such clerk shall not exceed twenty-five 
dollars a week, payable weeklj^" so that said section as 
amended shall read as follows: 28. Clerks. The commis- 
sioners of Hillsborough county shall employ such number of 
clerks and agents as said commissioners deem necessary. 

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

[Approved April 18, 1945.] 



CHAPTER 120. 



AN ACT RELATIVE TO AUTHORITY OF TOWNS AND COUNTIES TO 
OPERATE RECREATIONAL ACTIVITIES. 

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

1. Recreational Activities. Amend section 34 of chapter 
51 of the Revised Laws by inserting after the word "build- 



120 Chapter 120 [1945 

ings" in the seventh line the words, may establish, maintain 
and conduct a system of public recreation and in connection 
therewith may construct, equip and operate any buildings 
necessary therefor, so that said section as amended shall read 
as follows : 34. Establishment and Management. Any town 
may take land within the municipal limits in fee by gift, pur- 
chase, or right of eminent domain, or may lease the same; 
and may prepare, equip and maintain it, or any other land 
belonging to the municipality and suitable for the purpose, 
as a public playground and may authorize the collection of 
admission fees for amateur athletic contests thereon; may 
conduct and promote thereon play and recreation activities; 
may equip and operate neighborhood center buildings; may 
establish, maintain and conduct a system of public recreation 
and in connection therewith may construct, equip and operate 
any buildings necessary therefor; may operate public baths 
and swimming pools and charge reasonable admission and 
bathhouse fees in connection with the operation thereof; and 
may employ such play leaders, playground instructors, super- 
visors, recreation secretary, or superintendent and other 
officials as it deems best. 

2. Counties. Amend chapter 44 of the Revised Laws by 
inserting after section 1 the following new section: 1-a. 
Recreational Activities. Any county as may be authorized by 
the county convention, may take land within its limits in fee 
by gift, purchase or right of eminent domain as a site for 
recreational activities ; may prepare, equip and maintain it for 
such purposes; may conduct and promote thereon such activi- 
ties; may charge, or authorize others to charge, reasonable 
admission and service fees; and may employ such supervisors, 
instructors and other officials as may be necessary. 

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

[Approved April 18, 1945.] 



1945] Chapters 121, 122 121 

CHAPTER 121. 

AN ACT RELATIVE TO DISPOSAL OF COUNTY JAILS. 

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

1. Repeal. Section 3 of chapter 461 of the Revised Laws 
relative to closing, selling- or otherwise disposing of county- 
jails is hereby repealed. 

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

[Approved April 18, 1945.] 



CHAPTER 122.^ 



AN ACT RELATIVE TO REINSTATEMENT OF STATE EMPLOYEES 
AFTER MILITARY SERVICE. 

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

1. Definition. Amend section 6-a of chapter 218 of the 
Laws of 1941, as inserted by section 2 of chapter 72 of the 
Laws of 1943 by striking out said section and inserting in 
place thereof the following : 6-a. Military Service Defined. 
The term "military or naval service" as used in this chapter 
shall be construed to include all branches of the armed forces 
of the United States and women's auxiliaries thereof, the 
members of which are subject to and under military law. 

2. Reinstatement. Further amend chapter 218 of the 
Laws of 1941 by inserting after section 6-b, as inserted by 
chapter 203 of the Laws of 1943, the following new section: 
6-c. Reinstatement of Employees. Any state employee who 
left or leaves to enter military or naval service shall be re- 
instated after such military or naval service, unless his term 
of office has expired, provided he makes application therefor 
within ninety days after his discharge from such service. No 
such person shall be entitled to reinstatement in the event of 
his dishonorable discharge from such military or naval 
service. An employee reinstated under the provisions of this 
chapter shall be entitled to all increases in compensation to 
which he would have been entitled had he continued in state 
service during the time of his military or naval service. If 



* See chapter 180, post. 



122 Chapters 123, 124 [1945 

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 re- 
instated, and they may make rules and regulations to effectu- 
ate the purposes hereof. 

3. Repeal. Section 4-a of chapter 218 of the Laws of 1941, 
as inserted by section 1, chapter 72 of the Laws of 1943, 
relative to state employees in military or naval service of the 
United States is hereby repealed. 

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

[Approved April 18, 1945.] 



CHAPTER 123. 



AN ACT RELATIVE TO HOURS OF SERVICE OF PERMANENT POLICE 
OFFICER OR OFFICERS. 

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

1. One Day Rest in Eight. Amend chapter 59 of the Re- 
vised Laws by inserting after section 42 the following new 
section: 42-a. Permanent Police Officer or Officers. In any 

town which has full time permanent police officer or officers, 
the selectmen, or other governing body, shall allow said officer 
or officers one day rest in eight, without loss of pay. 

2. Application. The provisions of this act shall not affect 
the provisions of any city charter. 

3. Takes Effect. This act shall take effect thirty days 
after its passage. 

[Approved April 19, 1945.] 



CHAPTER 124. 

AN ACT RELATING TO A TEMPORARY OPEN SEASON FOR FISHING. 

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

1. Repeal. Chapter 99 of the Laws of 1945 providing a 
temporary open season for the taking of salmon and lake trout 
is hereby repealed. 



1945] Chapter 125 123 

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

[Approved April 19, 1945.] 



CHAPTER 125. 

AN ACT RELATIVE TO FLOUR AND BREAD ENRICHMENT. 

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

1. Powers of State Board of Health. Amend chapter 164 of 
the Revised Laws by inserting after section 12 the following 
new section: 12-a. Flour and Bread Enrichment. No person 
shall, within the state, distribute, manufacture, bake, mix or 
compound for sale, offer for sale, have in possession with in- 
tent to sell or sell for human consumption, any flour, white 
bread or rolls unless the same conforms to the definition and 
standard of identity then in effect for enriched flour, en- 
riched rolls or enriched buns, fixed and estabhshed by order 
of the state board of health. 

I. DEFINITIONS. When used in this section the follow- 
ing words shall mean as follows: (a) The term "Flour" in- 
cludes and shall be limited to the foods defined as flour, white 
flour, wheat flour, plain flour, bromated flour, self-rising flour, 
self-rising white flour, self-rising wheat flour, phosphated 
flour, phosphated white flour and phosphated wheat flour in 
standards of identity as promulgated by the state board of 
health, but does not include whole wheat flours or special 
flours not used for bread, rolls, bun or biscuit baking, such as 
specialty cake, pancake and pastry flours, (b) "White bread" 
means any bread made with flour as defined in (a), whether 
baked in a pan or on a hearth or screen which is commonly 
known or usually represented and sold as white bread, in- 
cluding, but not restricted to, Vienna bread, French bread and 
Italian bread, (c) "Rolls" includes plain white rolls and 
buns of the semi-bread dough type, such as soft rolls, ham- 
burger, hot dog, Parker House, etc., hard rolls, such as 
Vienna, Kaiser, etc., all made without fillings or icings but 
shall not include yeast-raised sweet rolls or sweet buns, cin- 
namon rolls or buns, butterfly rolls, etc. (d) The term "En- 
riched" means the addition to flour of the vitamins and other 



124 Chapter 125 [1945 

nutritional ingredients necessary to make it conform to the 
standard of identity of enriched flour or enriched bromated 
flour, or enriched self-rising flour, as fixed and established by 
the state board. 

II. Enforcement Rules and Regulations. The state 
board of health is charged with the enforcement of this sec- 
tion. Said board may make rules and regulations for the 
proper enforcement thereof, including as a part of said rules 
and regulations when not inconsistent with existing laws, the 
adoption of such definitions and standards of identity as may 
from time to time be promulgated by federal authorities pur- 
suant to the provisions of any federal act governing such flour 
and bread. 

' III. Inspections. Said board shall cause inspections to 
be made and all inspectors and other employees appointed by 
said board shall be permitted access at all reasonable hours 
to all places of business concerned in the manufacture, pro- 
duction, transportation, distribution, and sale of flour, white 
bread or rolls; shall have power to open and examine any 
package or container of any kind containing, or believed to 
contain, any such flour, bread or rolls which may be manu- 
factured, distributed, sold or possessed for sale, in violation 
of the provisions of this section. 

IV. Publication. All rules and regulations adopted 
by the state board pursuant to this section shall be published 
at least once in at least one daily newspaper of general cir- 
culation, printed and published in this state, and said rules 
and regulations shall become effective upon such date as the 
board shall fix. 

V. Exception. Provided, however, that this section 
shall not apply to flour sold to distributors, bakers or other 
processors, if the purchaser furnishes to the seller a certifi- 
cate in such form as the state board of health shall by regu- 
lation prescribe, certifying that such flour will be (1) resold 
to a distributor, baker or other processor, or (2) used in the 
manufacture, mixing or compounding of flour, white bread or 
rolls enriched to meet the requirements of this section, or 
(3) used in the manufacture of products other than flour, 
white bread or rolls. It shall be unlawful for any such pur- 
chaser so furnishing any such certificate to use or resell the 
flour so purchased in any manner other than as prescribed 
herein. 



1945] Chapter 126 125 

2. Takes Effect. This act shall take effect six months 
after cessation of present hostilities. 
[Approved April 19, 1945.] 



CHAPTER 126/ 



AN ACT TO PROVIDE AN ADDITIONAL RETIREMENT ALLOWANCE 

FOR TEACHERS AND FOR ASSESSMENTS TO SUPPORT 

THE SAME. 

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

1. Additional Retirement Allowance. Amend chapter 136 
of the Revised Laws by inserting after section 13 the follow- 
ing new section: 13-a. Additional Retirement Allowance. 

Any teacher who was a member of the retirement association 
on December 31, 1944, or who becomes a member before 
December 31, 1945, shall receive upon retirement, subject to 
the provisions of section 11, an additional annual retirement 
allowance for the remainder of his natural life, payable in 
installments as determined by the board, equal in amount to 
such annuity as would be provided on the basis of the 
mortality table adopted by said board at the interest rate 
determined by it under the provisions of section 10, for the 
teacher's age at retirement or age seventy, whichever is the 
less, by a sum of money, computed as hereinafter provided. 
Such sum of money shall be computed by first determining 
the amount which would be produced by annual investment 
at interest at the rate of three per cent per annum com- 
pounded annually, for the number of years of service of the 
retiring teacher in this state not exceeding thirty prior to 
June 30, 1944, of eight per cent of the average annual salary 
of such teacher during the five years ending June 30, 1944, 
or during the total number of years of service prior to said 
date in the event of appointment during said five years; and 
by adding to the amount so determined, interest at the rate 
determined by the board under section 9, from January 1, 
1945 to the date of retirement or to the date at which the re- 
tiring teacher reaches age seventy, whichever is the earlier; 
provided, nevertheless, that in computing said sum of money no 
part of an average annual salary in excess of twenty-five hun- 



*See chapter 167, post. 



126 * Chapter 127 [1945 

dred dollars shall be considered ; and provided, further, that the 
sum of such additional retirement allowance and the annual 
retirement allowance provided by section 13, shall not exceed 
one-half of the average annual salary of the retiring teacher 
for the five years next preceding the date of retirement. 

2. Assessments Upon Towns, Cities and Districts. Amend 
section 8 of said chapter 136 by adding to said section the 
following new paragraph: IV. At the beginning of each 
fiscal year the retirement board shall assess upon the various 
cities, towns and districts in the state employing teachers, 
who have made application for the benefits of this chapter, 
two per cent of the payroll of the teachers of such cities, 
towns and districts who are entitled to such benefits ; provided 
nevertheless that, if the board shall find that the annual pay- 
ments of member teachers, together with such assessments 
upon the towns, cities and districts, and the contribution from 
the state will be insufficient to keep this retirement system in 
sound financial condition, the board may assess such further 
sums against said cities, towns, and districts, not exceeding 
an additional four per cent of the payroll of the teachers of 
such cities, towns or districts who are entitled to such bene- 
fits, as in the judgment of the board may be necessary for 
said purpose. It shall be the duty of the treasurer or other 
disbursing officers of said cities, towns or districts to pay to 
the retirement board the sums so assessed against said cities, 
towns or districts, and said cities, towns or districts are 
hereby authorized to appropriate the sums necessary for the 
payment of such assessments. 

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

[Approved April 20, 1945.] 



CHAPTER 127. 

AN ACT RELATIVE TO CONSTRUCTION OF NEW SCHOOL BUILDINGS. 

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

1. School Buildings. Amend section 1 of chapter 141 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 1. Location and Construction 



1945] Chapter 128 127 

by District. The district may decide upon the location of its 
schoolhouses by vote or by a committee appointed for the 
purpose, provided, however, that all plans, specifications, and 
the selection of site for any new school building for any school 
district within the state shall be approved by the school board 
of the district in which it is proposed to construct such a build- 
ing. Before approving such buildings and locations the 
school board shall consult the state board of education who 
may make recommendations to the school board as to any 
changes it deems necessary. The provisions of this section 
shall apply to all new construction of public school buildings, 
including those constructed by grant or loans of funds from 
state, the federal government, or other sources. 

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

[Approved April 24, 1945.] 



CHAPTER 128. 



AN ACT TO PROVIDE FOR ABSENTEE VOTING FOR PERSONS IN THE 
ARMED FORCES AND CIVILIANS SERVING THEREWITH. 

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

1. Members of the Armed Forces and Civilians Serving 
Therewith. Any war absentee as hereinafter defined voting 
as herein permitted may substitute for the jurat required by 
chapter 34 of the Revised Laws and transmit with the sealed 
ballot a written statement in such form as the secretary of 
state shall prescribe, setting forth the facts required, made 
before any commissioned officer, non-commissioned officer not 
below the rank of sergeant, or petty ofl^icer, in the armed 
forces of the United States and any member of the merchant 
marine of the United States designated for this purpose by 
the administrator of the war shipping administration. 

2. Definition of War Absefltee. The term "war absentee" 
as used herein shall be construed to mean: 

I. Members of the armed forces and the merchant 
marine of the United States; 

II. Persons serving with the American Red Cross, the 
Society of Friends, the Women's Auxiliary Service Pilots and 



128 Chapter 128 [1945 

the United Service Organizations, outside the United States 
who are attached to and serving with the armed forces of 
the United States. The term "members of the merchant 
marine of the United States" shall mean persons employed as 
officers or members of crews of vessels documented under the 
laws of the United States and persons enrolled for such em- 
ployment with the United States war shipping administration. 

3. War Ballots. The secretary of state shall prepare war 
ballots similar to the official ballot for the use of war 
absentees in such quantities as he may deem necessary to- 
gether with envelopes upon which shall be printed the 
affidavits prescribed by chapter 101 of the Laws of 1945. He 
shall determine their size, weight, type and color of paper. 
The secretary of state shall retain for his own use so many 
of the papers provided for in this chapter as he may deem 
sufficient, and shall supply each city and town clerk in the 
state with as many of them as he may deem necessary. 

4. Applications. Applications for war ballots for war 
absentees may be made in any form to the secretary of state 
by the war absentee or any one on his behalf, provided his 
name, service organization, service address and legal residence 
are disclosed. Upon receipt of any such application the 
secretary of state shall forward it by mail to the clerk of the 
town or city of the voting place indicated. The town or city 
clerks shall forward by mail a war ballot with the necessary 
envelopes to such war absentee. 

5. Information Furnished. The registrars of voters or 
supervisors of the check-list are hereby required to furnish 
to the town or city clerks upon their request any information 
relative to persons entitled to vote in their ward or town 
which may be necessary to enable them to determine the 
proper ballot to be sent to a war absentee. Whoever violates 
any provision of this section shall be fined not more than fifty 
dollars. 

6. Voting Procedure. A war absentee who has received a 
war ballot may vote by mailing or causing to be delivered to 
the secretary of state such ballot marked and sworn to as 
follows : He shall deliver said ballot to any official authorized 
by law to administer oaths, or any officer described in sec- 
tion 1 hereof, for examination, who shall satisfy himself that it 
is unmarked and the voter shall not allow said official or officer 
to see how he marks it, and said voter shall mark said ballot 



1945] Chapter 128 129 

in the presence of said official or officer and no other person. 
Said official or officer shall hold no communication with the 
voter, nor he with said official or officer, as to how he is to vote ; 
provided,- however, that in the case of any war absentee who, 
because of blindness, or other physical disability, is unable to 
mark his ballot, such official or officer may assist him to mark 
his ballot as directed by said voter. Such official or officer shall 
certify on the outside thereof that it was so marked with his 
assistance, and shall thereafter give no information regarding 
the same. After marking the ballot, the voter shall enclose and 
seal the same in the envelope provided for that purpose. He 
shall then execute before said official or officer the affidavit 
on said envelope and shall enclose and seal the envelope con- 
taining the ballot in the return mailing envelope, endorse 
thereon his name and voting place, and shall then mail the 
envelope or cause it to be delivered to the secretary of state. 

7. Procedure by Secretary of State. Upon receipt of the 
envelope containing the war ballot the secretary of state shall 
send it to the clerk of the city or town of the voting place in- 
dicated on the envelope. 

8. Registration of Voters. Upon receipt of the envelope 
containing a war ballot the clerk of the city or town shall open 
and retain the mailing envelope and deliver the voting en- 
velope to the registrars of voters or supervisors of the check- 
list of the voting place indicated thereon who shall examine 
the same. The affidavit appearing on the outside of the 
envelope, if properly executed, shall be prima facie evidence 
of the voter's qualifications to become a voter. The registrars 
or supervisors of the check-list shall then return the envelopes 
unopened to the city or town clerk who shall see that they 
check in number with the maihng envelopes. Said clerk shall 
attach the two corresponding envelopes and shall deliver them 
to the moderator before the hour for the closing of the polls 
upon election day to be counted. No war ballot shall be re- 
jected by a moderator for the lack of an attached application. 

9. Conformity with Federal Legislation. The secretary of 
state and all other appropriate officials or boards are hereby 
authorized to perform all acts which he or they may be 
authorized to perform by any federal statute affecting voting 
by those to whom the statute is applicable and to accept any 
federal funds which may be made available to defray any ex- 



130 Chapter 129 [1945 

pense in connection therewith, in so far as the same may not 
be repugnant to the constitution of this state. 

10. Federal Ballots. If a war absentee has properly com- 
pHed with the provisions of any federal statute affecting vot- 
ing by war absentees and has cast his ballot under such 
statute, said ballots shall be accepted by the secretary of state 
and counted by the moderator provided the voter is registered 
or eligible to be registered in this state but has been unable, 
due to the emergency conditions of the war, to cast a state 
war ballot. The fact that a state war ballot is not received 
by the secretary of state in time to be counted shall be 
evidence that he is unable to cast such ballot. No federal 
ballot shall be counted, however, if the state war ballot has 
been received. 

11. Laws Suspended. Such provisions of chapter 34 of 
the Revised Laws as are inconsistent with the provisions 
hereof shall be suspended during the effective dates hereof. 

12. Takes Effect. This act shall take effect upon its 
passage and continue in effect until July 1, 1947. 

[Approved April 24, 1945.] 



CHAPTER 129. 

AN ACT RELATIVE TO THE REGISTRAR OF VITAL STATISTICS. 

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

1. State Department of Health. Amend section 4 of chap- 
ter 147 of the Revised Laws, as amended by chapter 15 of 
the Laws of 1943, by striking out the words, "he shall be the 
registrar of vital statistics for the state," so that said section 
as amended shall read as follows : 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 serve as the 
executive and administrative officer of the state health de- 
partment and shall be responsible for its management. He 
shall appoint such personnel, except the heads of the various 



1945] Chapter 130 131 

divisions within the department, as may be necessary for the 
efficient performance of the duties of his office and shall pre- 
scribe the duties of all the personnel of the department. 

2. Appointment of Registrar. Amend section 8 of chap- 
ter 147 of the Revised Laws by striking- out said section and 
inserting in place thereof the following: 8. Vital Statistics. 
The board shall appoint the registrar of vital statistics for 
the state who, under the supervision of the state health officer, 
shall have charge of the vital statistics of the state and shall 
enforce the provisions of law in relation to them. 

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

[Approved April 25, 1945.] 



CHAPTER 130. 

aU act relative to county jails. 

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

1. County Jails. Amend section 8 of chapter 461 of the 
Revised Laws by inserting at the end thereof the words : The 
commissioners shall, within one month after each such in- 
spection, make a written report to the attorney general of 
their findings and action thereon, so that said section as 
amended shall read as follows: 8. Inspection; Report. The 
county commissioners, at the beginning of each term of the 
superior court, shall inquire into the condition of the county 
jails and the security, treatment, and condition of the prison- 
ers, and shall take all necessary precautions against escapes, 
sickness, or infection. The commissioners shall, within one 
month after each such inspection, make a written report to 
the attorney general of their findings and action thereon. 

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

[Approved April 25, 1945.] 



132 Chapters 131, 132 [1945 

CHAPTER 131. 

AN ACT RELATIVE TO TAKING FOX AT ANY TIME. 

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

1. Definitions. Amend the definition of fur-bearing 
animals in section 1 of chapter 241 of the Revised Laws by 
striking out the word "foj^" so that said definition as amended 
shall read as follows : Fur-Bearing Animals : Beaver, otter, 
marten, sable, mink, fisher or fisher cat, raccoon, skunk and 
muskrat. 

2. Repeal. Section 2 of chapter 244 of the Revised Laws 
relative to an open season for the taking of fox is hereby re- 
pealed. 

3. Penalties. Amend section 19 of chapter 244 of the 
Revised Laws by striking out the words "or fox" in the fourth 
line so that said section as amended shall read as follows: 
19. Fines. A person who violates a provision of this chapter 
shall be fined as follows : For each violation of sections 1 to 5, 
inclusive, and sections 12 to 14, inclusive, not more than ten 
dollars and not more than five dollars additional for each otter, 
mink, muskrat, skunk, raccoon, taken or possessed contrary to 
the provisions thereof, and not more than fifty dollars addi- 
tional for each sable, marten or fisher so taken or possessed; 
for each violation of sections 15 and 16, not more than five 
hundred dollars, and such person shall be liable for twice the 
amount of the damage caused by his act, to be recovered by 
the person or his estate sustaining the injury or loss; and 
for each violation of section 17, not more than fifty dollars. 

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

[Approved April 25, 1945.] 



CHAPTER 132. 



AN ACT FOR THE PROTECTION OF THE CLAM INDUSTRY IN THE 

STATE. 

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

1. Clams and Clam Worms. Amend section 63 of chap- 
ter 245 of the Revised Laws, as inserted by chapter 124 of 



1945] Chapter 133 133 

the Laws of 1943, by inserting after the word "clams" in the 
third, fourth, fifth and eighth Knes the words, and clam 
worms, and by inserting after the words "limits of said town" 
in the eighth line the words : Said regulations, however, shall 
in no case prohibit a resident citizen of this state from taking 
clam worms for his own use and not for resale, without a 
permit therefor, so that said section as amended shall read as 
follows: 63. Town Regulations. Any town may, at any 
annual or special meeting, vote to regulate the taking of clams 
and clam worms within its limits, may make reasonable rules 
and regulations restricting the taking, sale or consumption of 
clams and clam worms, requiring a permit for taking clams 
and clam worms, and establishing fees therefor, or any other 
regulations deemed by said town necessary for the proper pro- 
tection, propagation and conservation of clams and clam 
worms within the hmits of said town. Said regulations, how- 
ever, shall in no case prohibit a resident citizen of this state 
from taking clam worms for his own use and not for resale, 
without a permit therefor. 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. 

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

[Approved April 25, 1945.] 



CHAPTER 133. 



AN ACT RELATING TO REGISTERS FOR HOTELS AND OTHER PUBLIC 

PLACES. 

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

1. Hotels ; Lodging Houses ; etc. Amend section 7 of chap- 
ter 208 of the Revised Laws by striking out in the second and 
third lines thereof the words "and cause to be entered the 
name of each guest accommodated," and inserting in place 
thereof the words, or card system and cause each guest to 
sign therein his own legal name or name by which he is 
commonly known; further amend by inserting after the word 
"book" in the third line thereof the words, or card system, 



134 Chapter 134 [1945 

so that said section as amended shall read as follows: 7. 
Register, Open to Inspection. All hotel keepers and all per- 
sons keeping public lodging houses, tourist camps, or cabins 
shall keep a book or card system and cause each guest to sign 
therein his own legal name or name by which he is commonly 
known. Said book or card system shall at all times be open to 
the inspection of the sheriff or his deputies and to any police 
officer. The term "public lodging house" as here used shall 
mean a lodging house where more than two rooms are habitu- 
ally let for less than a week at a time for the accommodation 
of transients. Whoever violates any provision of this section 
shall be fined not more than twenty dollars or be imprisoned 
not more than thirty days. 

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

[Approved April 25, 1945.] 



CHAPTER 134. 



AN ACT RELATIVE TO CONVENING OF THE LEGISLATURE IN SPECIAL 

SESSIONS. 

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

1. The General Court. Amend the Revised Laws by in- 
serting after chapter 9 the following new chapter: 

Chapter 9-A 
Legislative Sessions 

1. Powers. During any recess the general court may 
convene itself in special session in the manner herein pro- 
vided. 

2. Petition. There shall be filed with the secretary of 
state a petition for the calling of a special session of the gen- 
eral court which petition shall be signed by not less than fifty 
members of the house of representatives, not more than ten 
of whom shall reside in the same county, and signed by not 
less than eight members of the senate. Said petition shall 
state the reason or reasons why the public welfare requires a 
special session of the general court. 

3. Notice. Upon receiving such petition, the secretary 
of state shall forthwith mail a copy thereof to- each member 



1945] Chapter 135 135 

of the general court together with a ballot upon which shall 
be stated the following question: "Are you of the opinion 
that the general court should meet in special session?" 

4. Vote Required. If within ten days after the date of 
the mailing of said ballot by the secretary of state a majority 
of the members of the house and a majority of the members 
of the senate shall return said ballot marked in the affirma- 
tive, the general court shall be called in special session. 

5. Calling. Upon receipt of the affirmative votes above 
required, the secretary of state shall set a day for the con- 
vening of the general court which day shall be not more than 
fifteen days thereafter and notice thereof shall be sent by the 
secretary of state to each member of both houses. 

6. Postponement. In the event that the governor pro- 
rogues the reassembly of the general court under the pro- 
visions of Article 50, Part II of the constitution, the general 
court shall reassemble the Tuesday following the expiration 
of the time of such postponement, unless the majority of the 
membership of each house shall have filed with the secretary 
of state not less than seven days prior thereto a statement in 
writing that a special session no longer is desired. In either 
event the secretary of state shall give notice thereof to each 
member. 

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

[Approved April 26, 1945.] 



CHAPTER 135. 



AN ACT PROVIDING FOR VOLUNTARY CALFHOOD VACCINATION OF 

BOVINE ANIMALS. 

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

1. Bovine Animals. Amend chapter 229 of the Revised 
Laws by inserting after section 46 the following new section : 
46-a. Brucellosis. Upon application of any owner of bovine 
animals the state shall vaccinate said bovine animals between 
the ages of four and eight months against Brucellosis (Bang's 
disease) with strain 19 or other approved vaccine. The cost 
of said vaccination including the cost of the vaccine shall be 



136 Chapter 136 [1945 

borne by the state. The vaccination shall be done by a 
licensed graduate veterinarian under the direction of the state 
commissioner and all animals vaccinated shall be properly and 
permanently identified. 

2. Examination of Carcasses. Amend section 51 of said 
chapter 229 by adding after the word "condemned" in the sec- 
ond line the words, for bovine tuberculosis, so that said 
section as amended shall read as follows : 51. Examination; 
Report, etc. The carcass of every animal duly condemned for 
bovine tuberculosis and slaughtered under the provisions of 
this chapter shall be examined by a veterinarian or physician 
designated by the commissioner, for the purpose of determin- 
ing whether or not disease existed in such animal. Such post- 
mortem examination shall be under rules prescribed by the 
commissioner, and the report thereof shall show conditions 
found upon such examination duly verified by the person 
making such examination. Such report shall be filed with 
the commissioner, and a copy thereof shall be sent or de- 
livered to the owner or person in possession of the animal so 
examined. 

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

[Approved April 27, 1945.] 



CHAPTER 136. 



AN ACT RELATIVE TO FILLING VACANCIES IN THE BOARD OF 

SUPERVISORS. 

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

1. Supervisors of the Check-list. Amend section 4 of 
chapter 32 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 4. Vacancies. 
Vacancies in the board may be filled by the remaining mem- 
bers. If not filled by them seasonably for the performance of 
the duties of the office, or if there is only one member of the 
board, or if the whole board shall be vacant, the selectmen 
shall make the appointments. In all cases appointments shall 
be made in writing and be recorded, and the appointees shall 
hold office for the unexpired term. Provided further that in 



1945] Chapter 137 137 

filling any such vacancy the appointee shall be of the same 
political party as the supervisor whose place he is filling. 

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

[Approved April 27, 1945.] 



CHAPTER 137. 



AN ACT RELATIVE TO INDEMNITY FOR CONDEMNED DOMESTIC 

ANIMALS. 

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

1. Domestic Animals; Indemnity. Amend section 57 of 
chapter 229 of the Revised Laws by striking out the word 
"twenty-five" in the fourth line and inserting in place thereof 
the word, fifty, and by striking out the word "fifty" in the 
fifth line and inserting in place thereof the word, seventy-five, 
so that said section as amended shall read as follows: 
57. Payment. The state shall pay the owner, after he has 
filed such certificate or certificates as the commissioner may 
direct, one-third of the appraised value on all horses con- 
demned and killed and for all bovine animals condemned and 
killed an amount not to exceed fifty dollars for a grade animal 
and seventy-five dollars for a registered pure bred animal pro- 
viding that the amount received from salvage, from the 
federal government, and from the state shall not exceed the 
appraised value thereof. 

2. 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 six 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 denomi- 
nations 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. 



138 Chapter 138 [1945 

3. 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 2 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 
chapter 159. 

4. Short-Time Notes. Prior to the issuance of serial bonds 
or notes hereunder the treasurer, with the consent of the gov- 
ernor 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 provided, how- 
ever, 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 six hundred thousand dollars. 

5. Appropriation. The proceeds of the sale of the bonds 
or notes issued and sold under the provisions hereof are here- 
by appropriated for the department of agriculture for use in 
eradicating Brucellosis (Bang's disease) and for indemnities 
for bovine tuberculosis as provided for in chapter 229 of the 
Revised Laws, as amended by section 1 of this act, and un- 
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 Brucellosis (Bang's disease) 
and for indemnities 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 here- 
under. 

6. Takes Effect. This act shall take effect as of April 28, 
1945. 

[Approved April 30, 1945.] 



CHAPTER 138. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 

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

1. UnemplojTnent Compensation. Amend paragraph (3), 
of subsection H. section 1 of chapter 218 of the Revised Laws, 



1945] Chapter 138 139 

by inserting after the word "unit" in the first hne the words, 
(whether or not an employing unit at the time of acquisition), 
so that said paragraph as amended shall read as follows: 
(3) Any employing unit (whether or not an employing unit 
at the time of acquisition) which acquired the organization, 
trade or business, or substantially all the assets thereof, of 
another which at vthe time of such acquisition was an employer 
subject to this chapter. 

2. Employer. Amend paragraph (4), of subsection H, 
section 1 of said chapter 218, by inserting after the word 
"unit" in the first line the words, (whether or not an employ- 
ing unit at the time of acquisition) , so that said paragraph as 
amended shall read as follows: (4) Any employing unit 
(whether or not an employing unit at the time of acquisition) 
which acquired the organization, trade or business, or sub- 
stantially all the assets thereof, of another employing unit 
(not an employer subject to this chapter) and which, if sub- 
sequent to such acquisition it were treated as a single unit 
with such other employing unit, would be an employer under 
paragraph (1) of this subsection. 

3. Employment Exclusions. Amend subparagraph (a), 
paragraph (4), subsection I, section 1 of said chapter 218, by 
adding thereto the words, as defined in subsection S of this 
section, so that said subparagraph as amended shall read as 
follows: (a) Agricultural labor, as defined in subsection S 
of this section. 

4. Insurance Agent. Amend subparagraph (m), para- 
graph (4), subsection I, section 1 of said chapter 218, by strik- 
ing out the word "person" wherever it appears in said sub- 
paragraph and inserting in place thereof the words, employing 
unit, so that said subparagraph as amended shall read as 
follows: (m) Service performed by an individual for an em- 
ploying unit as an insurance agent or as an insurance solicitor, 
if all such service performed by such individual for such em- 
ploying unit is performed for remuneration solely by way of 
commission. 

5. Employment Office. Amend subsection J, section 1 of 
said chapter 218, by striking out the whole of the same and 
inserting in the place thereof the following: J. "Employment 
office" means a free public employment office or branch there- 
of operated by this or any other state as a part of a state- 
controlled system of public employment offices or by a federal 



140 Chapter 138 [1945 

agenc}' or any agency of a foreign government charged with 
the administration of an unemployment compensation program 
or free public employment offices. 

6. Wages. Amend the first paragraph of subsection P, 
section 1 of said chapter 218, by striking out the word 
"employer" and inserting in place thereof the words, employ- 
ing unit, so that said paragraph as amended shall read as 
follows: P. "Wages" means every form of remuneration for 
personal services paid or payable to a person directly or in- 
directly, by his employing unit, including salaries, commis- 
sions, bonuses, and the reasonable value of board, rent, hous- 
ing, lodging, payment in kind and similar advantages 
estimated and determined in accordance with the rules of the 
commissioner. 

7. Agricultural Labor. Amend section 1 of said chap- 
ter 218, by inserting at the end thereof the following new sub- 
section S: S. "Agricultural Labor" includes all services per- 
formed : 

(1) On a farm, in the employ of any employing unit, in 
connection with cultivating the soil, or in connection with rais- 
ing or harvesting any agricultural or horticultural commodity, 
including the raising, shearing, feeding, caring for, training, 
and management of livestock, bees, poultry, and fur-bearing 
animals and wild life. 

(2) In the employ of the owner or tenant or other 
operator of a farm, in connection with the operation, manage- 
ment, conservation, improvement, or maintenance of such 
farm and its tools and equipment, or in salvaging timber or 
clearing land of brush and other debris left by a hurricane, if 
the major part of such service is performed on a farm. 

(3) In connection with the production or harvesting of 
syrup or maple sugar or any commodity defined as an agri- 
cultural commodity in section 15 (g) of the Federal Agricul- 
tural Marketing Act, as amended, or in connection with the 
raising or harvesting of mushrooms, or in connection with the 
hatching of poultry, or in connection with the operation or 
maintenance of ditches, canals, reservoirs or waterways used 
exclusively for supplying and storing water for farming pur- 
poses. 

(4) In handling, planting, drying, packing, packaging, 
processing, freezing, grading, storing, or delivering to storage 
or to market or to a carrier for transportation to market, any 



1945] Chapter 138 141 

agricultural or horticultural commodity; but only if such 
service is performed as an incident to ordinary farming 
operations or, in the case of fruits and vegetables, as an in- 
cident to the preparation of such fruits or vegetables for 
market. The provisions of this paragraph shall not be deemed 
to be applicable with respect to service performed in con- 
nection with commercial canning or commercial freezing or in 
connection with any agricultural or horticultural commodity 
after its delivery to a terminal market for distribution for 
consumption. 

As used in this subsection, the term "farm" includes stock, 
dairy, poultry, fruit, fur-bearing animal, and truck farms, 
plantations, ranches, nurseries, ranges, greenhouses or other 
similar structures used primarily for the raising of agricul- 
tural or horticultural commodities, and orchards. 

8. Benefit Eligibility Conditions. Amend paragraph (2), 
subsection D, section 3 of said chapter 218, as amended by 
section 4, chapter 56, Laws of 1943, by inserting before the 
word "two" the words, not less than, so that said paragraph 
as amended shall read as follows: (2) Unless he has annual 
earnings of not less than two hundred dollars within the base 
period in accordance with subsection P (2) of section 1. 

9. Disqualifications for Benefits. Amend subsection B, 
section 4 of said chapter 218, by striking out the whole of the 
same and inserting in the place thereof the following: B. 
For the week in which he has been discharged for misconduct 
connected with his work, if so found by the commissioner, 
and for the three weeks which immediately follow such week, 
in addition to the waiting period. Whichever is the lesser of 
three times the individual's benefit rate, or such amount as re- 
mains unpaid for the benefit year in which such event occurs 
shall be deducted from his maximum benefits, but no change 
shall be made in his weekly benefit amount because of this 
deduction. 

It is further provided that an unemployed individual who 
has been discharged for arson, sabotage, felony, or dishonesty, 
connected with his work, shall not be entitled to any benefits 
that have accrued under this chapter prior to such dismissal. 

It is further provided that an unemployed individual who 
has been discharged for intoxication of such degree and rate 
of occurrence as to seriously hamper or interfere with the in- 
dividual's work, shall not be entitled to any benefits that have 
accrued under this chapter prior to such dismissal. 



142 Chapter 138 [1945 

10. Disqualifications for Benefits. Amend paragraph (5), 
subsection E, section 4 of said chapter 218, by striking out the 
words "or old age assistance payments under any state laws," 
so that said paragraph as amended shall read as follows: 
(5) Primary insurance payments under Title II of the Social 
Security Act, as amended, or similar payments under any act 
of Congress ; or 

11. Initial Determination. Amend subsection B, section 5 
of said chapter 218, by striking out in the twenty-first line the 
words "or commissioner" and by further striking out in the 
twenty-third and twenty-fourth lines the words "or the com- 
missioner affirms a decision of an appeal tribunal or deputy" 
so that said subsection as amended shall read as follows : B. 
Initial Determination. A representative designated by the 
commissioner, and hereinafter referred to as a deputy, shall 
promptly examine the claim of an individual, and on the basis 
of the facts found by him, shall either determine whether or 
not such claim is valid, and if valid, the week with respect to 
which benefits shall commence, the weekly benefit amount pay- 
able and the maximum duration thereof, or shall refer such 
claim or any question involved therein to an appeal tribunal, 
which shall make its decision with respect thereto in accord- 
ance with the procedure described in subsection C of this sec- 
tion. The deputy shall promptly notify the claimant and any 
other interested parties of the decision and the reasons there- 
for. The deputy may for good cause reconsider his decision 
or any part thereof and shall promptly notify the claimant and 
such other interested parties of the denial of such application 
or of the change and the reasons therefor, as the case may be. 
No such redetermination shall be made after six months from 
the date of the original determination. Unless the claimant 
or any such interested party, within five calendar days after 
the delivery of the deputy's notification, or within seven 
calendar days after such notification was mailed to his last 
known address, files an appeal from such decision, such de- 
cision shall be final and benefits shall be paid or denied in 
accordance therewith. If an appeal is duly filed, benefits with 
respect to the period prior to the final decision of the appeal 
tribunal shall be paid only after such decision; provided that 
if an appeal tribunal affirms a decision of a deputy allowing 
benefits, such benefits shall be paid regardless of any appeal 
which may thereafter be taken, but if such decision is finally 



1945] Chapter 138 143 

reversed, no employer's account shall be charged with benefits 
so paid. 

12. Appeals. Amend subsection C, section 5 of said chap- 
ter 218, by striking out the whole of the same and inserting 
in the place thereof the following: C. Appeals. Unless such 
appeal is withdrawn, an appeal tribunal, after affording the 
parties reasonable opportunity for fair hearing, shall affirm 
or modify the findings of fact and decision of the deputy. The 
parties shall be duly notified of such tribunal's decision, to- 
gether with its reasons therefor. Such decision shall be 
deemed to be the final decision of the commissioner, unless 
within ten days after the date of notification or mailing of 
such decision, further appeal is initiated pursuant to sub- 
section G of this section. 

It being further provided that the commissioner or a repre- 
sentative duly authorized to act in his behalf, upon the 
written request of an interested party or upon his own initi- 
ative, on the grounds of fraud, mistake, newly discovered 
evidence or change in conditions, shall, in any case in which a 
final decision such as hereinabove provided in this section has 
been rendered by an appeal tribunal, direct the tribunal which 
rendered such final decision to reopen the case and to grant 
a rehearing for the purpose of reconsidering the case in the 
light of such added factors. No such request shall be made 
after one year from the date of the appeal tribunal's original 
decision. In the event that the appeal tribunal is so directed, 
said appeal tribunal shall proceed in exactly the same manner 
as though an appeal in said case were being taken from a de- 
cision of a deputy, provided, however, that the rehearing shall 
be limited to the introduction of evidence relative to and con- 
cerning such added factors as constitute the basis or grounds 
for such rehearing. 

13. Separate Accounts. Amend subsection C, section 6 of 
said chapter 218, as amended by chapter 178, Laws of 1943, 
by striking out the words "six months" wherever they appear 
in said subsection and inserting in the place thereof the words, 
thirty days, also by striking out in the second paragraph 
thereof the word "said" and inserting in the place thereof the 
word, such, so that said subsection as amended shall read as 
follows: 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 



144 Chapter 138 [1945 

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 satis- 
faction of the commissioner 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 ex- 
cess 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 
of any employer under this section, of which the employer has 
been notified, shall be considered correct for all purposes un- 
less objections to such charges are received within thirty days 
after such notification has been mailed to the employer's last 
known address. 

Any charges which have heretofore been made against the 
account of any employer for merit rating purposes, of which 
the employer has been notified, shall be considered correct for 
all purposes unless objections to such charges are received 
within thirty days 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 thirty days 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. 



1945] Chapter 138 145 

14. General Experience Rating. Amend subsection D, 
section 6 of said chapter 218, by adding thereto the following 
new paragraph: Furthermore, no employer shall be entitled 
to an experience rating under this subsection for any calendar 
year beginning on or after January 1, 1946, unless he has 
properly and duly submitted reports and contributions re- 
quired and due under the provisions of this chapter; so that 
said subsection as amended shall read as follows: D. 
General Experience Rating. The commissioner may for each 
calendar year estimate the total sum to be paid as benefits 
and the pay roll which will be reported by employers, and may 
establish contribution rates for individual employers not ex- 
ceeding 2.7 per centum which shall yield an amount equal to 
or in excess of the benefits to be paid. 

In assessing the individual employer rate under this sub- 
section the commissioner shall classify employers in accord- 
ance with their actual experience in the payment of contri- 
butions on their own behalf and with respect to benefits 
charged against their accounts with a view to fixing an in- 
dividual contribution rate which will reflect the employment 
experience of the individual employer. 

If on July 1 of any calendar year it is determined that the 
contribution rates thus established will not maintain or will 
unduly increase the established reserve the commissioner 
may redetermine the individual contribution rate previously 
determined under this subsection and the redetermined rate 
shall be effective as of July 1 of such calendar year. 

If a deficit or surplus results at the end of the calendar year, 
such deficit or surplus shall be considered in determining the 
contribution rates for the next calendar year. 

No employer shall be entitled to an experience rating under 
this subsection for any calendar year unless and until the 
balance in the unemployment compensation fund as of Janu- 
ary 1 of such calendar year equals or exceeds five million 
dollars; and further provided that no employer shall be en- 
titled to the experience rating granted under this section un- 
less and until there shall have been three consecutive calendar 
years immediately preceding the computation date throughout 
which the account of such employer was chargeable with 
benefits. 

Should the commissioner determine at any time that the 
solvency of the fund would not permit the adoption of in- 



146 Chapter 138 [1945 

dividually reduced contribution rates under this subsection 
he shall, for the purposes of this subsection, set a standard 
rate for all employers of 2.7 per centum per annum. 

Furthermore, no employer shall be entitled to an experience 
rating under this subsection for any calendar year beginning 
on or after January 1, 1946, unless he has properly and duly 
submitted reports and contributions required and due under 
the provisions of this chapter. 

15. Merit Ratings. Amend subsection E, section 6 of said 
chapter 218, by adding at the end thereof the following new 
paragraph (7) : (7) No employer shall be entitled to a merit 
rating under this subsection for any calendar year beginning 
on or after January 1, 1946, unless he has properly and duly 
submitted reports and contributions required and due under 
the provisions of this chapter. 

16. Successorship. Amend section 6 of said chapter 218, 
by adding at the end thereof the following new subsection Fr 
F. Successorship. For the purposes of subsections D and E 
of this section, an employing unit which acquires the organi- 
zation, trade, or business, or substantially all of the assets 
thereof, of any employer, excepting, in any such case, any 
assets retained by such employer incident to the liquidation 
of his obligations (whether or not such acquiring employing 
unit was an employing unit within the meaning of section 1-G 
of this chapter prior to such acquisition), and who intends 
to continue such organization, trade or business, immediately 
shall notify the commissioner thereof, and shall assume, for 
the purpose of liability, the position of such employer with 
respect to such employer's separate account, actual contri- 
bution and benefit experience and annual pay rolls, as if no 
change with respect to such separate account, actual experi- 
ence and pay rolls had occurred and with the same effect for 
such purpose as if the operations of such employer had at all 
times been carried on by such employing unit. Such separate 
account shall be transferred by the commissioner to such em- 
ploying unit and, as of the date of such acquisition, shall be- 
come the separate account or part of the separate account, as 
the case may be, of such employing unit, and the benefits 
thereafter chargeable to such employer on account of employ- 
ment prior to the date of such acquisition shall be charged to 
such separate account. 



1945] Chapter 138 147 

No rate of less than 2.7 per cent shall be permitted an em- 
ploying unit succeeding- to the experience of another employ- 
ing unit pursuant to this subsection for any period sub- 
sequent to such succession except in accordance with 
regulations prescribed by the commissioner, which regu- 
lations shall be consistent with federal requirements for 
additional credit allowance in section 1602 of the Internal 
Revenue Code, and consistent with the provisions of 
this chapter, except that such regulations may establish a 
computation date for any such period different from the com- 
putation date generally prescribed by this chapter. 

Unless hereinafter specifically provided the provisions of 
this subsection shall apply to acquisition prior, as well as sub- 
sequent, to the date this subsection becomes effective, and 
any employing unit which so acquired the trade, organization 
or business of any employer, or substantially all the assets 
thereof, prior to said effective date shall notify the commis- 
sioner within sixty days thereafter; provided, however, that 
in the case of acquisition prior to the date this subsection be- 
comes effective, any new rate or rates obtained or acquired by 
virtue of this subsection shall be effective and controlling as 
of said effective date and not before. 

17. Termination of Employer's Coverage. Amend sub- 
section B, section 7 of said chapter 218, by striking out the 
whole of the same and inserting in the place thereof the 
following: B. Except as otherwise provided in subsection C 
of this section, an employing unit shall cease to be an em- 
ployer subject to this chapter, as of the first day of January 
of any calendar year, only if it files with the commissioner, 
prior to the first day of July of such year, a written appli- 
cation for termination of coverage, and the commissioner 
finds that there were no twenty weeks within the preceding 
calendar year, within which such employing unit employed 
four or more individuals in employment subject to this chap- 
ter; provided, however, that the commissioner may, for good 
cause, waive the requirement for filing application for termi- 
nation of coverage. For the purposes of this subsection the 
two or more employing units mentioned in paragraphs (3), 
(4), or (5), of subsection H, section 1, shall be treated as a 
single employing unit. 

18. Termination of Employer's Voluntary Covei*age. Amend 
paragraph (1), subsection C, section 7 of said chapter 218, by 



148 Chapter 138 [1945 

adding thereto the following words, or the commissioner, on 
his own motion, has given notice of such termination of such 
coverage, so that said paragraph as amended shall read as 
follows: (1) An employing unit not otherwise subject to this 
chapter which files with the commissioner its written election 
to become an employer subject hereto for not less than two 
calendar years, shall, with the written approval of such 
election by the commissioner, become an employer subject 
hereto to the same extent as all other employers, as of the 
date stated in such approval, and shall cease to be subject 
hereto as of January 1 of any calendar year subsequent to 
such two calendar years, only if at least thirty days prior to 
such first day of January, it has filed with the commissioner 
a written notice to that effect, or the commissioner, on his 
own motion, has given notice of such termination of such 
coverage. 

19. Termination of Employer's Voluntary Coverage. Amend 
paragraph (2), subsection C, section 7 of said chapter 218, by 
adding thereto the following words, or the commissioner, on 
his own motion, has given notice of such termination of such 
coverage, so that said paragraph as amended shall read as 
follows: (2) Any employing unit for which services that do 
not constitute employment as defined in this chapter are per- 
formed, may file with the commissioner a written election that 
all such services performed by individuals in its employ in any 
or all of its places of business shall be deemed to constitute 
employment for all the purposes of this chapter for not less 
than two calendar years. Upon the written approval of such 
election by the commissioner, such services shall be deemed 
to constitute employment subject to this chapter from and 
after the date stated in such approval. Such services shall 
cease to be deemed employment subject hereto as of January 1 
of any calendar year subsequent to such two calendar years, 
only if at least thirty days prior to such first day of January 
such employing unit has filed with the commissioner a written 
notice to that effect, or the commissioner, on his own motion, 
has given notice of such termination of such coverage. 

20. Records and Reports. Amend subsection G, section 9 
of said chapter 218, by striking out the whole of the same 
and inserting in place thereof the following: G. Records 
and Reports. Each employing unit shall keep true and 
accurate work records, for such periods of time and contain- 



1945] Chapter 138 149 

ing such information as the commissioner may, by regulation, 
prescribe. Such records shall be open to inspection and be 
subject to being copied by the commissioner or his authorized 
representatives at any reasonable time and as often as may 
be necessary. The commissioner may, at his discretion, notify 
any employer of the prospective benefit, rights of any em- 
ployee. The commissioner and the chairman of any appeal 
tribunal may require from any employing unit any sworn or 
unsworn reports, with respect to persons employed by it, 
which either of them deems necessary for the effective ad- 
ministration of this chapter. Information thus obtained or 
obtained from any individual pursuant to the administration 
of this chapter shall be held confidential and shall not be 
published or be open to public inspection (other than to em- 
ployers and public employees in the performance of their 
public duties) in any manner revealing the individual's or em- 
ploying unit's identity, but any claimant (or his legal repre- 
sentative) at a hearing before an appeal tribunal or the com- 
missioner shall be supphed with information from such 
records to the extent necessary for the proper presentation of 
his claim. Any employee or member of an appeal tribunal or 
any employee of the commissioner who violates any provision 
of this section shall be fined not less than twenty dollars nor 
more than two hundred dollars, or imprisoned for not more 
than ninety days, or both. 

The commissioner may cause to be made such summaries, 
compilations, photographs, duplications, or reproductions of 
any records, reports, or transcripts thereof as he may deem 
advisable for the effective and economical preservation of the 
information contained therein, and such summaries, com- 
pilations, photographs, duplications, or reproductions, duly 
authenticated, shall be admissible in any proceeding under 
this chapter if the original record or records would have been 
admissible therein. 

The commissioner may by regulation order the destruction, 
after reasonable periods, of any and all records, reports, 
transcripts or reproductions thereof or other papers kept pur- 
suant to the administration of the unemployment compen- 
sation law which are not considered by him as necessary to 
the administration of this chapter. 

21. Collection, Civil Action. Amend subsection B, sec- 
tion 11 of said chapter 218 by adding at the end of the first 



150 Chapter 138 [1945 

sentence thereof the following words, together with all other 
costs of collection, so that said subsection as amended shall 
read as follows: B. Collection, Civil Action. If, after due 
notice, any employer defaults in any payment of contributions 
or interest thereon, the amount due shall be collected by civil 
action in the name, of the commissioner and the employer 
adjudged in default shall pay the costs of such action 'as in 
all other civil actions together with all other costs of 
collection. Civil actions brought under this section to collect 
contributions or interest thereon from an employer shall be 
heard by the court at the earliest possible date and shall be 
entitled to preference upon the calendar of the court over all 
other civil actions except petitions for judicial review under 
this chapter and cases arising under the workmen's compen- 
sation law of this state. 

22. Adjustments and Refunds. Amend subsection F, of 
section 11 of said chapter 218, by striking out the whole of the 
same and inserting in the place thereof the following: F. 
Adjustments and Refunds. If not later than three years 
from the last day of the period with respect to which a pay- 
ment of any contributions or interest thereon was made, or 
one year from the date on which such payment was made, 
whichever shall be the later, an employing unit or employer 
who has paid such contribution or interest thereon, shall 
make application for an adjustment thereof in con- 
nection with subsequent contribution payments, or for a re- 
fund thereof because such adjustment cannot be made, and 
the commissioner shall determine that such contributions or 
interest or any portion thereof was erroneously collected, the 
commissioner shall allow such employing unit or employer to 
make an adjustment thereof, without interest, in connection 
with subsequent contribution payments by him, or if such 
adjustment cannot be made, the commissioner shall refund 
said amount, without interest, from the fund. For like cause 
and within the same period, adjustment or refund may. be so 
made on the commissioner's own initiative. Nothing in this 
chapter or in any part thereof, shall be construed to authorize 
any refund or credit of moneys due and payable under the law 
and regulations in effect at the time such moneys were paid. 

23. Penalties. Amend paragraph (2), subsection E, sec- 
tion 13 of said chapter 218, by striking out the whole of the 
sameandinsertingin the place thereof the following: (2) Any 



1945] Chapter 139 151 

individual who has been convicted of falsifying- claims under 
this chapter shall be deemed ineligible to receive benefits 
from the date of the falsification for which said individual 
shall be convicted and shall further be deemed ineligible to re- 
ceive benefits for one year from the date of his conviction. 

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

[Approved April 30, 1945.] 



CHAPTER 139. 



AN ACT RELATING TO VEHICLE PERMITS AND THE TRANSPOR- 
TATION OF BEVERAGES. 

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

1. Alcoholic Beverages. Amend section 85 of chapter 170 
of the Pwevised Laws by striking out said section and insert- 
ing in place thereof the following: 85. Transportation. A 
person may transport or deliver beverages in this state with- 
out a permit therefor provided said beverages were obtained 
as authorized by this chapter and provided such beverages 
are for consumption only and not for resale purposes. Per- 
mittees may transport and deliver to their place of business 
beverages purchased as authorized under this chapter, and, 
except on-sale permittees, may transport and deliver any- 
where in the state beverages ordered from and sold by them 
in vehicles operated under the control of themselves or of 
their employees or agents; provided that the owner of such 
vehicles shall have obtained from the commission, for such 
• vehicle, a vehicle permit for the transportation and delivery 
of beverages. Every person operating such a vehicle when 
engaged in such transportation or delivery shall carry the 
vehicle permit for the vehicle so operated, and shall carry such 
evidence as the commission by regulation may prescribe show- 
ing the origin and destination of the beverages being trans- 
ported or delivered. Upon demand of any law enforcement 
officer, agent or employee of the commission, the person 
operating such vehicle shall produce for inspection the vehicle 
permit and the evidence required by this section. Failure to 
produce such permit or evidence shall constitute prima facie 



152 ' Chapter 139 [1945 

evidence of unlawful transportation. Except as otherwise pro- 
vided herein beverages may be transported within the state 
only by a railroad or steamboat corporation or a person 
regularly and lawfully conducting a general express or truck- 
ing business, and in each case holding a valid carrier's permit 
issued by the commission. 

2. Vehicles; Permits. Amend section 71 of chapter 170 of 
the Revised Laws by inserting after the words "for each 
vehicle permit one dollar" the words, which shall cover all 
roUing stock and vehicles of such permittee, so that said sec- 
tion, as amended, shall read as follows: 71. Fees. The 

annual fees required for permits issued pursuant to the pro- 
visions of this subdivision shall be as follows: For each on- 
sale permit one hundred dollars and for each off-sale permit 
fifty dollars, provided that the commission may in its dis- 
cretion remit such part of said annual fee as it shall determine 
to permittees operating only during the summer season; for 
each manufacturer's permit two thousand dollars;- for each 
wholesaler's permit five hundred dollars; for each solicitor's 
permit five dollars; for each vehicle permit one dollar, which 
shall cover all rolling stock and vehicles of such per- 
mittee; for each carrier permit twenty-five dollars, which 
shall cover all rolling stock and vehicles of such permittee; 
for each vessel permit twenty-five dollars; for each dining- 
car permit one hundred dollars, which shall be issued to 
the railroad corporation and for each special permit one 
dollar. The required tee shall accompany the application. A 
permit other than a special permit, shall expire May thirty- 
first unless sooner revoked for cause by the commission. Per- 
mits shall not be transferred except with the consent of the 
commission and each permit, except a solicitor's permit, shall 
designate the place of business for which it is issued. 

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

[Approved May 1, 1945.] 



1945] Chapter 140 , 153 

CHAPTER 140. 

AN ACT RELATING TO BUILDING AND LOAN ASSOCIATIONS. 

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

1. Building and Loan Associations. Amend section 10 of 
chapter 314 of the Revised Laws by striking out the same and 
inserting in place thereof the following: 10. Loans. Any 
such corporation may loan money so collected, together with 
interest, premiums, fines and profits arising from the busi- 
ness, to its shareholders and members on first mortgages on 
real estate, or on buildings in the town of Hampton situated 
on land not belonging to the owner of the building. The loans 
shall not exceed the appraisal value of said property. Such 
corporation may accept other satisfactory collateral as addi- 
tional security for the loan. A premium may be charged in 
excess of the established rate of interest. Said loans shall be 
share sinking fund or direct reduction loans. In share sink- 
ing fund loans serial shares of the corporation shall also be 
pledged sufficient in amount to repay the loan upon maturity. 
Direct reduction loans shall be repayable in monthly install- 
ments sufficient to amortize the same paying off interest or 
premium and principal in any period of time not exceeding 
twenty years. Any such corporation holding a first mort- 
gage on such property may take a subsequent mortgage or 
mortgages on the same property provided that there are no 
intervening liens. Any shareholder may borrow on the 
shares of such corporation up to the full value thereof at the 
time of the loan. 

2. Surplus or Reserve Fund. Amend section 25 of said 
chapter 314 by inserting after the word "fund" in the third 
line the words, surplus or other reserve fund, so that said 
section as amended shall read as follows : 25. Division of 
Profits. The interest, premiums, fines, and profits received by 
the corporation, less losses and the amount paid for the neces- 
sary expenses of the business and set aside for the guaranty 
fund, surplus or other reserve fund, shall be equitably dis- 
tributed among the shares and added to the dues paid by the 
shareholders at least once a year, until the value of each share 
in the series reaches two hundred dollars, when it shall be 
paid to the shareholder and the share shall be retired. 



154 Chapter 141 [1945 

3. Single-Payment Shares. Amend section 36 of said 
chapter 314 by striking- out after the word "withdrawal" in 
the eleventh line the words "and the association shall retain 
as a penalty for such withdrawal one-fourth of the amount 
by which the value at the time of the withdrawal exceeds the 
initial payment," also by changing the word "certificates" to 
"shares" as it appears in hne seven and omitting the word 
"certificate" as it appears in line eight so that said section as 
amended shall read as follows: 36. Authority to Issue; Value; 
Rights. Such associations may issue single-payment shares 
of an ultimate value of two hundred dollars each. Such single- 
payment shares shall be issued for the consideration of the 
initial payment only and no further payment shall be accepted 
on account thereof. Profits and dividends accruing thereon 
shall be added to the initial payment until the value of each 
share reaches two hundred dollars, when it shall be paid to the 
shareholder and the share shall be retired or paid-up share 
issued therefor under section 31. A holder of a single share 
shall have the right of withdrawal prescribed by sections 26 
and 28 subject to the limitations therein set forth but such 
withdrawal must be exercised as to the whole of the value of 
the share at the time of withdrawal. Single-payment shares 
may be paid off at any time at the option of the board of 
directors provided thirty days' notice of the payment date 
shall have been given to the holder. The said notice may not 
be waived. No person shall hold more than twenty-five single- 
payment shares. 

4. Repeal. Sections 15 and 16 of said chapter 314, rela- 
tive to loans, are hereby repealed. 

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

[Approved May 1, 1945.] 



CHAPTER 141. 

AN ACT RELATING TO THE DISABLED AMERICAN VETERANS. 

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

1. Disabled American Veterans. Amend section 24, chap- 
ter 73 of the Revised Laws by inserting after the word 



1945] Chapter 141 155 

"Legion" in the eighth hne the words, the Disabled American 
Veterans, so that said section as amended shall read as follows : 
24. Institutional Exemptions. The personal property of in- 
stitutions devoted to educational purposes, charitable and re- 
ligious societies, and of temperance societies, incorporated or 
organized within this state, and the real estate owned and 
occupied by them, their officers, or their students for the pur- 
poses for which they are established, parsonages occupied by 
pastors of churches, and personal property owned and real 
estate owned and occupied by the Grand Army of the Republic, 
the United Spanish War Veterans, Veterans of Foreign Wars, 
the American Legion, the Disabled American Veterans, or the 
American National Red Cross, shall be exempt from taxation, 
provided none of the income or profits of the business of such 
corporations or institutions is divided among the stockholders 
or members, or is used or appropriated for other than edu- 
cational, charitable or religious purposes. No institution shall 
be deemed an educational institution for the purpose hereof 
unless it conducts regular courses of instruction, under a cur- 
riculum approved by the state board of education, for at least 
six months of each calendar year; and no institution, except 
it be a regularly recognized and constituted denomination, 
sect, or creed, shall be deemed a religious institution for the 
purpose hereof, unless it conducts religious services in this 
state for at least six months of each calendar year. This 
hmitation, however, does not apply to property of any insti- 
tution or organization exempted from taxation by special act 
of the legislature. 

2. Exemptions. Amend section 28, chapter 73 of the Re- 
vised Laws by inserting after the word "Legion" in the tenth 
line the words, the Disabled American Veterans, so that said 
section as amended shall read as follows : 28. Application of 
Provisions. The exemptions referred to in sections 23, 26, 
and 27 of this chapter, as regards real estate hereafter 
acquired by such institutions, shall apply only to subsequent 
improvements therein and thereon, and the real estate so 
acquired shall be assessed and taxed as other similar land and 
real estate in the vicinity is assessed and taxed. This section 
shall not apply to real estate owned by religious societies in- 
corporated or organized within this state and occupied by their 
pastors or clergy in active service or to real estate owned and 
occupied by the Grand Army of the Republic, the United 



156 Chapter 142 [1945 

Spanish War Veterans, Veterans of Foreign Wars, the Ameri- 
can Legion, the Disabled American Veterans, the American 
National Red Cross, or to real estate acquired and used in 
substitution for property in this state theretofore exempt 
from taxation. 

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

[Approved May 1, 1945.] 



CHAPTER 142. 



AN ACT RELATIVE TO FOREST FIRE CONTROL AND THE APPOINT- 
MENT OF SPECIAL DEPUTY FOREST FIRE WARDENS. 

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

1. Forest Fire Control. Amend chapter 233, Revised 
Laws, by adding after section 16 the following new section: 
16-a. Special Deputy Forest Fire Wardens. The state 
forester may appoint as special deputy forest fire 
wardens persons in the employ of the forestry and 
recreation commission and such other persons as may be 
in a position to assist him in preventing and suppressing fires. 
Said appointees shall have the same powers and duties as the 
town forest fire wardens but the said powers and duties shall 
be exercised and performed only in emergencies or in the 
absence of a regularly appointed forest fire warden or deputy 
forest fire warden. Said appointees shall be allowed for their 
services such compensation as may be fixed by the commis- 
sion and the state forester, and said compensation shall be 
deemed to be an expense of fighting forest and brush fires 
and a charge upon the municipality and the state, as provided 
in section 24. 

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

[Approved May 1, 1945.] 



1945] Chapter 143 157 

CHAPTER 143. 

AN ACT RELATING TO THE DISSOLUTION OF LITIGANT 
CORPORATIONS. 

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

1. Dissolution of Corporations; Pending Actions. Amend 
section 97 of chapter 274 of the Revised Laws by striking out 
the first two words of said section, and substituting therefor 
the words, Any corporation dissolved by decree of the superior 
court as provided by section 96, and any business corporation 
dissolved by act of the legislature; and by adding to said 
section the following: provided that for the purpose of any 
suit or action by or against any such corporation, pending at 
the end of said term of three years, such corporation shall 
continue as a body corporate until ninety days after final 
judgment or decree in such suit or action, so that said section 
as amended shall read as follows: 97. Continuance. Any 
corporation dissolved by decree of the superior court as pro- 
vided by section 96, and any business corporation dissolved 
by act of the legislature shall neverthless continue as a body 
corporate for the term of three years, for the purpose of 
prosecuting and defending suits by or against it and of gradu- 
ally closing and settling its concerns and distributing its 
assets, and for no other purpose; provided that for the pur- 
pose of any suit or action by or against any such corporation, 
pending at the end of said term of three years, such corpo- 
ration shall continue as a body corporate until ninety days 
after final judgment or decree in such suit or action. 

2. Limited Corporations; Dissolution. Amend section 98 
of chapter 274 of the Revised Laws by striking out the words 
"of three years for the purposes named in" and substituting 
therefor the words, or periods as provided in, so that said 
section as amended shall read as follows: 98. Limited In- 
corporation. The corporate existence of a business corpo- 
ration formed for a limited term shall in like manner continue 
for a further period or periods as provided in section 97, but 
shall cease ipso facto for all other purposes at the expiration 
of the term for which it was organized, unless such term shall 
previously have been extended by amendment of the articles 
of agreement under section 40. 



158 Chapter 144 [1945 

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

[Approved May 2, 1945.] 



CHAPTER 144. 



AN ACT RELATIVE TO THE TAXATION OF LEGACIES AND 

SUCCESSIONS. 

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

1. Persons Taxable. Amend section 1 of chapter 87 of the 
Revised Laws, as amended by chapter 3 of the Laws of 1945, 
by striking out the word "inhabitants" where it occurs in the 
second, third and fourth lines and inserting in place thereof 
the word, domiciliaries, and by adding before the word "pur- 
poses" in the tenth line the word, municipal, so that said sec- 
tion as amended shall read as follows : 1. Taxable Property and 
Tax Rate. All property within the jurisdiction of the state, 
real or personal, and any interest therein, belonging to domi- 
ciliaries of the state, and all real estate within the state, or 
any interest therein, belonging to persons who are not domi- 
ciliaries of the state, which shall pass by will, or by the laws 
regulating intestate succession, or by deed, grant, bargain, 
sale or gift, made in contemplation of death, or made or in- 
tended to take effect in possession or enjoyment at or after the 
death of the grantor or donor, to any person, absolutely or in 
trust, except to or for the use of the husband, wife, father, 
mother, lineal descendant, or adopted child of a decedent, or 
for the care of cemetery lots, or to a city or town in this state 
for public municipal purposes, shall be subject to a tax of 
eight and one-half per cent of its value, for the use of the 
state. 

2. Repeal. Section 2 of said chapter 87, relative to defi- 
nitions, is hereby repealed. 

'3. Information Required. Amend said chapter 87 by add- 
ing after section 15 the following new section: 15-a. Report 
of Gifts and Transfers. Every executor and administrator so 
far as the same shall come to his knowledge shall within six 
months from the date of his appointment file with the assist- 
ant attorney general upon a form prescribed by the assistant 



1945] Chapter 144 159 

attorney general a report of all transfers of real or personal 
property to other than the decedent's husband, wife, father, 
mother, lineal descendant or adopted child made by the de- 
cedent (1) in contemplation of death, (2) to take effect in 
possession or enjoyment at or after death, (3) during the last 
three years of the decedent's life if the property transferred 
have a value of over three hundred dollars, except bona fide 
sales for an adequate consideration in money or money's 
worth. 

4. Domiciliary. Amend section 27 of said chapter 87 by 
striking out the words "an inhabitant of" in the second line 
and inserting in place thereof the words, domiciled in, and by 
striking out the word "resident" in the ninth line and insert- 
ing in place thereof the word, domiciliary, so that said section 
as amended shall read as follows: 27. Real Estate of Non- 
resident. When real estate within the state, or any interest 
therein, belonging to a person who is not domiciled in the 
state, shall pass by will or otherwise so that it may be subject 
to tax under the provisions hereof, and an executor or adminis- 
trator of the estate of said decedent is appointed by a pro- 
bate courrt of this state upon ancillary proceedings, or other- 
wise, such executor or administrator shall, for the purposes of 
this chapter, have the same powers, and be subject to the 
same duties and liabilities with reference to such real estate, 
as though the decedent had been a domiciliary of this state. 

5. Gains or Losses on Sales. Amend section 33 of said 
chapter 87 by inserting after the word "death" in the second 
line the words, and gains or losses on sales made afterward 
for any purpose shall be disregarded, except as evidence of 
true value at time of death, and by striking out the words 
"state treasurer" in the third line and inserting in place there- 
of the words, assistant attorney general, so that said section 
as amended shall read as follows: 33. Assessment. Said 
tax shall be assessed upon the actual market value of the 
property at the time of the decedent's death, and gains or 
losses on sales made afterward for any purpose shall be dis- 
regarded, except as evidence of true value at time of death. 
Such value shall be determined by the assistant attorney gen- 
eral and notified by him to the person or persons by whom the 
tax is payable, and such determination shall be final unless 
the value so determined shall be reduced by proceedings as 
herein provided. 



160 Chapter 144 [1945 

6. Appeals From Assessment. Amend section 40 of said 
chapter 87 by striking out the words "or grantee" in the first 
Hne and inserting in place thereof the words, grantee, or 
donee, and by striking out the words "state treasurer" in the 
second hne and inserting in place thereof the words, assistant 
attorney general, so that said section as amended shall read 
as follows: 40. By Executor, etc. An executor, adminis- 
trator, trustee, grantee, or donee, who is aggrieved by the 
assessment of any tax by the assistant attorney general, 
under the provisions hereof may, at any time within three 
months after notice of such assessment, appeal therefrom to 
the probate court having jurisdiction of the settlement of the 
estate of the decedent, which court shall, subject to appeal as 
in other cases, hear and determine all questions relative to 
said tax. 

7. Abatement or Repayment. Amend section 41 of said 
chapter 87 by striking out in lines two and three the words 
"state treasurer" and in line four the word "treasurer" and 
inserting in place thereof the words, assistant attorney gen- 
eral, and by striking out in line four the words "one year" 
and inserting in place thereof the words, three years, so that 
said section as amended shall read as follows: 41. Appli- 
cation after Payment. An executor, administrator, trustee or 
grantee, who is aggrieved by any such determination of the 
assistant attorney general and who pays the tax assessed or 
demanded without appeal, may, within three years after the 
payment of such tax to the assistant attorney general, but 
not afterwards, apply to the probate court having jurisdiction 
of the estate of the decedent for the abatement or repayment 
of feaid tax or any part thereof. 

8. Settlement Without Local Administration. Amend sec- 
tion 44 of said chapter 87 by striking out the words "state 
treasurer" in the second line and inserting in place thereof the 
words, assistant attorney general, by inserting after the word 
"grantee" in the fourth line the words, or donee, and by in- 
serting after the word "grantee" in the sixth line the words, 
or donee, so that said section as amended shall read as follows : 
44. Estate of Nonresident. In the absence of administration 
in this state upon the estate of a nonresident, the assistant 
attorney general may, at the request of an executor or ad- 
ministrator duly appointed and qualified in the state of the 
decedent's domicile, or of a grantee, or donee under a con- 



1945] Chapter 144 161 

veyance made during the grantor's lifetime, and upon satis- 
factory evidence furnished him by such executor, administra- 
tor or grantee, or donee, or otherwise, determine whether or 
not any real estate of said decedent within this state is sub- 
ject to tax under the provisions of this chapter, and if so may 
determine the amount of such tax and adjust the same with 
such executor, administrator or grantee, and for that purpose 
may appoint an appraiser to appraise said property as pro- 
vided in section 20; and the expense of such appraisal shall 
be a charge upon said real estate in addition to the tax. 

9. Payment of Taxes. Amend section 51 of said chapter 87 
by striking out the word "and" in the first line, by inserting 
after the word "grantees" in the first line the words, and 
donees, and by striking out the comma after the word "con- 
veyance" in the second line so that said section as amended 
shall read as follows: 51. Liability. Administrators, exe- 
cutors, trustees, grantees, and donees under a conveyance 
made during the grantor's life and taxable hereunder, shall be 
liable for such taxes, with interest, until the same have been 
paid. 

10. Grantee or Donee Liability. Amend section 54 of said 
chapter 87 by striking out the word "or" in the first line and 
by inserting after the word "trustee" in the same line the 
words, grantee, or donee, so that said section as amended shall 
read as follows: 54. Collection. An executor, adminis- 
trator, trustee, grantee or donee holding property subject to 
said tax shall deduct the tax therefrom, or collect it from the 
legatee or person entitled to said property, and he shall not 
deliver property or a specific legacy subject to said tax until 
he has collected the tax thereon. 

11. Compromise of Tax. Amend section 63 of said chap- 
ter 87 by striking out the same and inserting in place thereof 
the following: 63. Who May Adjust. In every case where 
there shall be a devise, descent, or bequest liable to a tax 
under the provisions of this chapter, conditioned upon the 
happening of a contingency or dependent upon the exercise of 
a discretion, or where the right of the assistant attorney gen- 
eral to recover the tax is in question, or where he deems it 
advisable, the assistant attorney general may effect such 
settlement of the tax as he may deem to be for the best in^ 
terests of the state, and the payment of the sum so agreed 
upon shall be a full satisfaction of such tax. 



162 Chapter 144 [1945 

12. Adjustment. Amend sections 64 and 65 of said chap- 
ter 87 by striking out said sections and inserting in place 
thereof the following: 64. Unascertained Appointees. In 

all cases of a bequest or devise of property for life or for a 
term of years, which gives to the tenant for life or term of 
years the power of appointing by deed or will, or both, the 
further disposition of such property or any part thereof, 
the assistant attorney general may effect such settlement of 
the tax on the interest of any unascertained appointees under 
such power, or any unascertained person who may take in de- 
fault of appointment under such power, as he shall deem to be 
for the best interests of the state; and payment of the sum 
so agreed upon shall be a full satisfaction of such tax. 65. 
Dispute as to Domicile. Where the assistant attorney general 
claims that a decedent was domiciled in this state at the time 
of his death and the taxing authorities of another state or 
states make a similar claim with respect to their state or 
states, the assistant attorney general may enter into a written 
agreement with such taxing officials and with the executor 
or administrator that a certain sum shall be accepted in full 
payment of the tax, together with interest and penalties, im- 
posed by this chapter, provided that said agreement also fixes 
the amount to be paid to such other state or states in full pay- 
ment of the legacy and succession taxes thereof. Full power 
and authority is hereby conferred upon the executor or 
administrator to enter into the agreement provided for here- 
in. Upon the filing of such agreement or duplicate thereof 
with the probate court which would have jurisdiction over the 
estate if said decedent had died domiciled in this state, an 
order fixing the tax shall be made in accordance with such 
agreement, and such order shall finally and conclusively fix 
and determine the amount of tax imposed by this chapter. 
The provisions of this section shall apply only to cases in 
which all the states involved have substantially similar laws. 

13. Deposit Boxes. Amend section 69 of said chapter 87 
by striking out the words "state treasurer in person, or by 
the" so that said section as amended shall read as follows: 
69. Examination. Upon receipt of such notice the assistant 
attorney general or other representative, may examine such 
securities, deposits, assets, or the records of such safe deposit 
company, trust company, corporation, bank or other insti- 
tution or person, relative thereto, and shall as soon as possible 



1945] Chapter 144 163 

notify the holder of the property whether or not a tax will be 
claimed upon its transfer, and may by an instrument in writ- 
ing consent to the immediate transfer of such property if, in 
his judgment, the transfer is not subject to tax. 

14. Disposition of Property. Amend section 70 of said 
chapter 87 by striking out the words "state treasurer" in the 
first line and inserting in place thereof the words, assistant 
attorney general, and by striking out the word "treasurer's" 
in the fifth line of said section so that said section as amended 
shall read as follows: 70. Delivery. If a tax is claimed by 
the assistant attorney general under the provisions of this 
chapter the property shall be delivered to the resident exec- 
utor or administrator of the deceased, or held until the tax 
has been assessed and paid, as the circumstances of the case 
may require, unless the claim is overruled by the court in 
appropriate proceedings. 

15. Joint Deposits. Amend section 71 of said chapter 87 
by striking out the word "residence" in the third line of said 
section and inserting in place thereof the word, domicile, and 
by striking out the words "state treasurer" in the fourth line 
and inserting in place thereof the words, assistant attorney 
general, so that said section as amended shall read as follows : 
71. Joint Deposits. Savings banks, trust companies and all 
other similar institutions shall, when receiving deposits in 
more than one name, ascertain and record the place of domicile 
of the parties, and shall, upon request of the assistant 
attorney general, furnish him with a list of all such deposits, 
together with the names and addresses of the depositors, and 
such other information as he may require and the institution 
is able to furnish. 

16. Hearings. Amend section 74 of said chapter 87 by 
striking out said section and inserting in place thereof the 
following: 74. Investigation. At any time after the ex- 
piration of fifteen months from the date of the death of any 
person upon the transfer of whose estate the tax has not been 
determined, or upon which no tax has been paid, the assistant 
attorney general may require the executor or administrator, 
or any person or corporation interested in the succession, to 
appear at his office, at such time as he may designate, and then 
and there to produce for the use of the assistant attorney gen- 
eral in determining whether or not the estate is subject to 
said tax and the amount of such tax, if any, all books, papers 



164 Chapter 145 [1945 

or securities which may be in the possession or within the 
control of such executor, administrator or beneficiary relating 
to such estate or tax, and to furnish such other information 
relating- to the same as he may be able and the assistant 
attorney general may require. 

17. Transfer of Powers and Duties. All powers, duties, 
and obligations granted to or imposed upon the state treasurer 
by sections 7, 8, 16, 17, 18, 20, 23, 24, 25, 26, 28, 29, 32, 34, 37, 
39, 45, 46, 61, 68, 72, 75, 76, 77, 78 of chapter 87 of the Revised 
Laws are hereby transferred to and imposed upon the assist- 
ant attorney general. 

18. Transfer Tax; Nonresident Decedents. All powers, 
duties, and obhgations granted to or imposed upon the state 
treasurer by chapter 89 of the Revised Laws are hereby trans- 
ferred and imposed upon the assistant attorney general. 

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

[Approved May 2, 1945.] 



CHAPTER 145. 



AN ACT RELATIVE TO ACCEPTANCE OF THE POLICE RETIREMENT 

ACT. 

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

1. Acceptance of Act. Amend section 4 of chapter 221 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 4. Acceptance of Chapter. 
All permanent policemen in this state who accept the pro- 
visions of this chapter by making application to the board 
and by agreeing to abide by such rules and regulations as it 
may prescribe pursuant hereto, are entitled to the benefits 
hereof. Each permanent policeman accepting the provisions 
hereof shall give notice of such acceptance to the treasurer or 
other disbursing officer of the state, city, town, village or pre- 
cinct which employs him. All permanent policemen who were 
appointed prior to June 11, 1941, and all permanent police- 
men who have been appointed subsequent to that date and 
who were under thirty-five years of age on the date of their 
appointment, may within three months from the date of the 



1945] Chapter 145 165 

passage of this act, accept the provisions of this chapter as 
otherwise provided except, however, that no permanent pohce- 
men who accept the provisions of this chapter under the ex- 
tension of time herein provided shall retire until six months 
from the date of the passage of this act and excepting further 
that no such policeman may voluntarily retire until two and 
one-half years from the date of the passage of this act. Those 
permanent policemen who are prevented from accepting the 
provisions of this chapter under the extension of time herein 
provided by reason of military service in the armed forces of 
the United States or in law enforcement agencies of the 
United States may accept the provisions hereof within three 
months from the date of their reemployment as permanent 
policemen, providing such reemployment occurs within one 
year from the date of their discharge from such service, sub- 
ject to the same limitations as to retirement before mentioned, 
except that such limitations shall commence from the date of 
their reemployment. Any person not a permanent policeman 
on the date of the passage of this act but who thereafter be- 
comes a policeman shall make application to the board not 
later than six months after becoming a permanent policeman. 
No new permanent policeman added to the police force after 
the date of the passage of this act shall be eligible to the bene- 
fits of this chapter who is over thirty-five years of age at the 
time he so becomes a permanent policeman. Those perma- 
nent policemen who accept the provisions of this act under the 
extension of time herein provided shall pay back assessments 
with interest at five per cent from the date of the passage of 
this amendment until such acceptance, excepting those who 
accept the provisions hereof at a later date by reason of mili- 
tary or federal law enforcement service shall pay back assess- 
ments with interest at five per cent from the date of their re- 
employment until such acceptance and all new permanent 
policemen shall pay back assessments with interest at five per 
cent from the date of their appointment until their accept- 
ance of this chapter. 

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

[Approved May 2, 1945.] 



166 Chapters 146, 147 [1945 

CHAPTER 146. 

AN ACT TO REGULATE THE METHOD OF TAKING GAME. 

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

1. Use of Certain Rifles in Taking Game. Amend section 3, 
chapter 241 of the Revised Laws, by inserting after the word 
"permitted" in the fourth Hne thereof the following; except 
that a full automatic rifle shall not be used at any time nor 
shall a semi-automatic rifle be used to which is attached a 
magazine or clip holding more than five cartridges, nor shall 
a full jacketed metal cased bullet be used, either in its original 
form or any alteration thereof. The provisions of this sec- 
tion shall not apply to the use of twenty-two caliber rimfire 
rifles, or to the use of pistols or revolvers, so that said section 
as amended shall read as follows: 3. Lawful Methods of 
Taking. Game shall be taken in the daytime between one- 
half hour before sunrise and one-half hour after sunset with 
a gun fired at arm's length or bow and arrow, unless otherwise 
specifically permitted; except that a full automatic rifle shall 
not be used at any time nor shall a semi-automatic rifle be 
used to which is attached a magazine or clip holding more 
than five cartridges, nor shall a full jacketed metal cased 
bullet be used, either in its original form or any alteration 
thereof. The provisions of this section shall not apply to the 
use of twenty-two caliber rimfire rifles, or to the use of pistols 
or revolvers. A person may take game during the open sea- 
son therefor with the aid of a dog, unless otherwise specific- 
ally prohibited. 

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

[Approved May 2, 1945.] 



CHAPTER 147. 



AN ACT RELATING TO TENURE OF OFFICE FOR PERMANENT POLICE 
OFFICERS AND CONSTABLES. 

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

1. Town Officers. Amend chapter 59 of the Revised Laws 
by inserting after section 45 the following new sections: 



1945] Chapter 148 167 

45-a. Police. Any town at any annual meeting, under an 
article in the warrant for said meeting, may vote to elect by 
ballot one or more permanent constables or police officers for 
full-time duty in said town and may rescind such action in 
like manner. No election of such permanent constable or 
police officer shall be held until the next succeeding annual 
meeting after the vote of the town, as hereinbefore provided, 
and the rescission of any such vote shall not be effective until 
the next succeeding annual meeting. 45-b. Tenure of Office. 
Any permanent constable or police officer elected in conform- 
ity to a town vote, as provided in section 45-a, shall continue 
to hold such office during good behavior unless sooner removed 
for cause by the selectmen, after notice and hearing, or un- 
less the town has rescinded its action as hereinbefore pro- 
vided. Any such elected permanent constable or police officer 
shall be deemed to be a permanent policeman, and entitled to 
benefits, under the provisions of chapter 221 of the Revised 
Laws, if otherwise qualified. 

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

[Approved May 2, 1945.] 



CHAPTER 148. 

AN ACT ESTABLISHING A STATE EMBLEM. 

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

1. Establishment. Amend chapter 13 of the Revised Laws 
by adding at the end thereof the following new section: 5. 
State Emblem. The state emblem shall be of the following 
design: Within an elliptical panel, the longest dimension of 
which shall be vertical, there shall appear an appropriate 
replica of the Old Man of the Mountains; surrounding the 
inner panel, and enclosed within another ellipse, there shall be 
at the top of the design the words of any state motto which 
may be adopted by the general court; and at the bottom of 
the design, between the inner and outer elliptical panels, the 
words. New Hampshire, appropriately separated from the 
motto, if adopted, by one star on each side. Said emblem 
may be placed on all printed or related material issued by the 



168 Chapter 149 [1945 

state and its subdivisions relative to the development of rec- 
creational, industrial, and agricultural resources of the state. 

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

[Approved May 3, 1945.] 



CHAPTER 149. 

AN ACT RELATING TO FRATERNAL BENEFIT SOCIETIES AND TO 

MAKE UNIFORM THE LAWS PROVIDING FOR THEIR 

ORGANIZATION, GOVERNMENT AND 

REGULATION. 

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

1. Uniform Code for Fraternals. Amend the Revised 
Laws by striking out chapter 333 and inserting in place there- 
of the following new chapter: 

Chapter 333 
Fraternal Benefit Societies 

1. Fraternal Benefit Societies Defined. Any incorporated 
society, order or supreme lodge, without capital stock, organ- 
ized and carried on solely for the benefit of its members and 
their beneficiaries and not for profit, operating on a lodge 
system with ritualistic form of work, having a representative 
form of government, and which shall make provision for the 
payment of benefits in accordance with this chapter, is hereby 
declared to be a fraternal benefit society. 

2. Lodge System Defined. Any such society having a 
supreme governing or legislative body and subordinate lodges 
or branches, by whatever name known, into which members 
shall be elected, initiated or admitted in accordance with such 
society's constitution, laws, ritual, rules and regulations, 
which subordinate lodges or branches shall be required by the 
laws of such society to hold regular or stated meetings at 
least once in each month, shall be deemed to be operating on 
the lodge system. 

3. Representative Form of Government Defined. Any 
such society shall be deemed to have a representative form of 
government when it shall provide in its constitution and laws 
for a supreme legislative or governing body, composed of 



1945] Chapter 149 169 

representatives elected either by the members or by delegates 
elected directly or indirectly by the members, together with 
such other members of such body as may be prescribed by 
such society's constitution and laws; provided, that the 
elective representatives shall constitute a majority in num- 
ber and have not less than two-thirds of the votes, nor less 
than the votes required to amend its constitution and laws; 
and, provided further, that the meetings of the supreme or 
governing body and the election of officers, representatives or 
delegates shall be held as often as once in four calendar years. 
The members, officers, representatives or delegates of a fra- 
ternal benefit society shall not vote by proxy. 

4. Exemptions. Except as herein provided, and except 
for sections 52 to 59 inclusive of chapter 325 of the Revised 
Laws which are herein incorporated and made applicable here- 
to, such societies shall be governed by this chapter and shall be 
exempt from all provisions of the insurance laws of this state, 
not only in governmental relations with the state, but for 
every other purpose, and no law hereafter enacted shall apply 
to them, unless they be expressly designated therein. 

5. Benefits. Any such society authorized to do business 
in this state shall provide for the payment of death benefits, 
in a sum not exceeding five thousand dollars to any person, 
and may issue to its members term, life, and endowment 
certificates and combinations thereof, including double in- 
demnity in case of accidental death, and may provide for the 
payment of benefits in case of temporary or permanent dis- 
ability as the result of disease or accident; and may grant 
loans, withdrawal equities, and such nonforfeiture options 
as its laws may permit, provided such grants shall in no case 
exceed in value the portion of the reserve to the credit of the 
certificate on which the same are made. Any such society may 
provide for monuments or tombstones to the memory of de- 
ceased members and may also provide for payment of funeral 
benefits in a sum not exceeding three hundred dollars to any 
person equitably entitled thereto by reason of having incurred 
expense by the burial of the member. 

6. Beneficiaries. No beneficiary shall have or obtain any 
vested interest in the proceeds of any certificate until such 
certificate has become due and payable in conformity with the 
provisions of the membership contract. The insured member 
shall have the right at all times to change the beneficiary or 



170 Chapter 149 [1945 

beneficiaries in accordance with the constitution, by-laws, 
rules or regulations of the society. Every society may, by 
its constitution, by-laws, rules or regulations, limit the scope 
of beneficiaries. 

7. Qualifications for Membership. Any society may admit 
to beneficial membership any person who has been examined 
by a legally qualified physician, and whose examination has 
been supervised and approved in accordance with the laws of 
the society, or who has made declaration of insurability 
acceptable to the society; provided, that any beneficial mem- 
ber of a society who shall apply for additional benefits more 
than six months after becoming a beneficial member shall 
pass an additional medical examination, or make an additional 
declaration of insurability, as required by the society. Any per- 
son so admitted prior to attaining the full age of twenty-one 
years shall be bound by the terms of his or her application 
and certificate, and by all the laws, rules and regulations of 
the society, and shall be entitled to all the rights and 
privileges of membership therein, as fully and to the same ex- 
tent as though he or she were not a minor at the time of 
applying for such beneficial membership. Nothing herein 
contained shall prevent such society from accepting general 
or social members, who shall have no voice or vote in the 
management of the insurance affairs of the society, nor from 
issuing juvenile certificates on the lives of children under the 
age of twenty-one years. 

8. The Contract. Every certificate issued or delivered in 
this state by any such society shall specify the amount of 
benefit provided thereby. The certificate, together with any 
riders or endorsements attached thereto, the charter or 
articles of incorporation, the constitution and laws of the 
society, the application for membership, and declaration of 
insurability (if used in lieu of a medical examination), signed 
by the applicant, and all amendments to each thereof, shall 
constitute the agreement between the society and the mem- 
ber, and the certificate shall so state. A copy of the appli- 
cation for membership and of the declaration of insurability 
(if used in lieu of a medical examination) shall be endorsed 
upon or attached to the certificate. Copies of each of the 
aforesaid documents, certified by the secretary of the society, 
or corresponding officer, shall be received in evidence of the 
terms and conditions thereof. Any changes, additions or 



1945] Chapter 149 171 

amendments to said charter or articles of incorporation, con- 
stitution or laws duly made or enacted subsequent to the issu- 
ance of the certificate, shall bind the member and the bene- 
ficiaries, and shall govern and control the agreement in all 
respects the same as though such changes, additions or 
amendments had been made prior to and were in force at the 
time of the application for membership; provided, however, 
that any society may provide specifically in its certificates that 
the rates and benefits shall not be subject to change, in which 
case the certificate shall contain a provision that if the 
society's reserves shall become impaired, there shall be paid 
by the member to the society the amount of the member's 
equitable proportion of such deficiency as ascertained by the 
society's board of directors, or corresponding body, and if 
such payment be not made, same shall stand as an indebted- 
ness against the certificate, and draw interest at not to ex- 
ceed five per cent per annum. 

9. Standard and Prohibited Provisions. I. No benefit 
certificate shall be issued or delivered in this state unless the 
same shall contain in substance the following provisions: 

(a) In case the age of the member or the age of the 
beneficiary is considered in determining the rate of contribu- 
tion, then a provision that if it shall be found at any time be- 
fore final settlement under the certificate that such age has 
been misstated, and the discrepancy and rate of contribution 
involved have not been adjusted, the amount payable under 
the certificate shall be such as the rate of contribution would 
have purchased at the correct age ; provided, that if the correct 
age was not an insurable age under the society's charter, con- 
stitution or laws, only the mortuary payments shall be re- 
turned ; provided further, that if the age has been overstated, 
no additional amount of insurance or other values shall be 
granted for any excess payments, but such excess payments 
shall be paid without interest to the beneficiary. 

(b) In case any withdrawal equities, nonforfeiture 
values, loan values, or other options are available under the 
certificate, on default in payment of stated periodical contri- 
butions by the members, a table showing the same in figures 
for each year during at least the first twenty years of the 
certificate. 

(c) A provision that the member is entitled to a grace 
of not less than the full month in which the payment of any 



172 Chapter 149 [1945 

stated contribution, by whatever name known, after the first, 
may be made. During such grace period the certificate shall 
continue in full force, but in case the certificate becomes a 
claim during the said grace period before the overdue con- 
tribution is made, the amount of such overdue contribution 
or contributions may be deducted in any settlement under the 
certificate. 

(d) A provision or provisions which recite fully, or 
which set forth the substance of, all sections of the charter, 
constitution, by-laws, rules, or regulations of the society, in 
force at the time of issuance of such certificate, the violation of 
which will result in the termination of the insurance or in the 
reduction of the benefit or benefits payable under such 
certificate. 

(e) A provision stating the amount of payments or 
other required contributions, by whatever name known, which 
are payable by the insured under such certificate and requiring 
that the insured or holder of such certificate shall be obligated 
to pay, as a condition of the continuance in force of such 
certificate, additional contributions imposed in accordance 
with the constitution or by-laws of such society then in force 
or thereafter lawfully enacted. 

(f) Title on the face and on the back of the certificate 
clearly and correctly describing its form. 

II. No certificate shall be issued or delivered in this state 
containing any of the following provisions : 

(a) Any provision limiting the time within which any 
action at law or in equity may be commenced to less than 
eighteen months after the cause of action shall accrue. 

(b) Any provision by which the certificate shall purport 
to be issued or take effect more than six months before the 
original application for the insurance was made, except in 
cases of transfer from one form of certificate to another in 
connection with which the member is to receive credit for 
any reserve accumulation under the form of certificate from 
which the transfer is made. 

(c) Any provision for forfeiture of the certificate for 
failure to repay any loan thereon or to pay interest on such 
loan, while the total indebtedness, including interest, is less 
than the loan value thereof. 

(d) Any provision whereby the suspension or expulsion 
of the insured member, or change of occupation, or any other 



1945] Chapter 149 173 

violation of the terms and conditions of the insurance con- 
tract shall result in the loss or reduction of the cash surrender 
value or other withdrawal equity, if any, available by the 
terms of such certificate. 

10. Benefits on Lives of Children. I. Every fraternal 
benefit society authorized to do business in this state may 
provide in its constitution or by-laws, in addition to other 
benefits provided for therein, for term, life, endowment and 
annuity benefits, and combinations thereof, including double 
indemnity in case of accidental death, on the lives of children 
under twenty-one years of age at time of application therefor, 
upon the application of some adult person, and may grant 
such withdrawal equities and nonforfeiture options, as the 
by-laws, rules or regulations may provide. Every such society 
may, at its option, organize and operate branches for such 
children, and membership in local lodges, and initiation there- 
in shall not be required of such children, nor shall they have 
a voice in the management of the society. 

11. The contributions to be made for death benefits un- 
der all juvenile certificates issued after December thirty-first, 
nineteen hundred forty-five, shall be based upon the Standard 
Industrial Mortality Table or the American Experience Table 
of Mortality with Craig's or Buttolph's Extension thereof, 
with interest assumption of not more than four per cent per 
annum, or the American Men Ultimate Table of Mortality 
with Bowerman's Extension thereof, and interest at three and 
one-half per cent per annum, or upon any other standard 
approved by the commissioner of insurance. 

III. Every society issuing such benefit certificates shall 
maintain on all such certificates not less than the reserve re- 
quired by the standard of mortality and interest adopted by 
the society for computing contributions. 

IV. Every society issuing such benefit certificates shall 
have the right to provide in its by-laws, rules or regulations, 
for payments on account of the society's expense or general 
fund, which payments may be mingled with the general fund 
of the society. Such society shall have full power to provide 
for means of enforcing payment of contributions, designation 
of beneficiaries, and changing such designations, and in all 
other respects for the regulation, government and control of 
such certificates and all rights, obligations and liabilities in- 
cident thereto and connected therewith. 



174 Chapter 149 [1945 

11. Funds. I. Unless otherwise provided in the by-laws, 
all funds shall be held, invested and disbursed for the use and 
benefit of the society, and no member or beneficiary shall have 
or acquire individual rights therein or become entitled to any 
apportionment or the surrender of any part thereof, except as 
provided in the by-laws. 

II. The funds from which benefits shall be paid and the 
funds from which the expenses of the society shall be de- 
frayed shall be derived from the periodical or other payments 
by the members and accretions to said funds, which pay- 
ments may combine the separate purposes for which made; 
provided, that after December thirty-first, nineteen hundred 
forty-five, no society shall be incorporated or authorized to 
do business in this state which does not provide in all certifi- 
cates for new insurance thereafter issued, for stated periodi- 
cal or other contributions that will provide and maintain 
reserves sufficient for meeting the mortuary obligations con- 
tracted when computed upon the basis of the American Ex- 
perience Table of Mortality with interest assumption of not 
more than four per cent per annum, or on the basis of the 
American Men Ultimate Table of Mortality, w^ith an interest 
assumption of not more than three and one-half per cent per 
annum, or on the basis of such mortality standards and in- 
terest assumptions as may be now or hereafter authorized for 
use by life insurance companies. No society, domestic or 
foreign, shall hereafter be incorporated or admitted to write 
or accept members for temporary or permanent disability 
benefits, or accidental death benefits, unless the rates there- 
for are adequate upon the basis of tables based upon reliable 
experience with an interest assumption not higher than four 
per cent per annum. 

III. Any society may create, maintain, invest, disburse 
and apply any special fund or funds necessary to carry out 
any purpose permitted by the laws of such society. 

IV. Deferred payments or installments of claims shall 
be considered as fixed liabilities on the happening of the con- 
tingency upon which such payments or installments are 
thereafter to be paid. Such liability shall be the present 
value of such future payments or installments upon the 
mortality and interest basis assumed by the society for valu- 
ation, and every society shall maintain a fund sufficient to 
meet such liability regardless of proposed future collections 
to meet any such liabilities. 



1945] Chapter 149 175 

12. Investments. Every society shall invest its funds 
only in the manner permitted by the laws of this state for the 
investment of the assets of life insurance companies ; provided 
that any foreign society permitted or seeking to do business 
in this state, which invests its funds in accordance with the 
laws of the state in which it is incorporated, shall be held to 
meet the requirements of this section for the investment of 
funds. 

13. Organization. A fraternal benefit society, as defined 
by this chapter, may be organized in the following manner: 

I. Seven or more persons, citizens of the United States, 
a majority of whom are citizens of this state, who desire to 
form such a society, may make, sign and acknowledge before 
some officer, competent to take acknowledgment of deeds, 
articles of incorporation, in which shall be stated: 

(a) The proposed corporate name of the society, which 
shall not so closely resemble the name, of any society or in- 
surance company as to mislead the public or lead to con- 
fusion. 

(b) The purposes for which it is being formed, and the 
mode in which its corporate powers are to be exercised. Such 
purposes shall not include more liberal powers than are 
granted by this chapter, provided that any lawful social, in- 
tellectual, educational, charitable, benevolent, moral, fraternal 
or religious advantages may be set forth among the purposes 
of the society. 

(c) The names and residences of the incorporators, and 
the names, residences and official titles of all the officers, 
trustees, directors, or other persons who are to have and ex- 
ercise the general control of the management of the affairs 
and funds of the society for the first year, or until the en- 
suing election at which all such officers shall be elected by the 
supreme legislative or governing body, which election shall 
be held not later than one year from the date of the issuance 
of the permanent certificate, 

II. (a) Such articles of incorporation, duly certified 
copies of the constitution and laws, rules and regulations, 
copies of all proposed forms of certificates, applications there- 
for, and circulars to be issued by such society, and a bond, 
conditioned upon the return to applicants of the advanced 
payments if the organization is not completed within one 
year, as provided in this section, such bo^d to be in the sum 



176 Chapter 149 [1945 

of five thousand dollars with sureties approved by the com- 
missioner of insurance, shall be filed with the commissioner 
of insurance, wiio may require such further information as 
he deems necessary. If the purposes of the society conform 
to the requirements of this chapter, and all provisions of the 
law have been complied with, the commissioner of insurance 
shall so certify and retain and file the articles of incorpora- 
tion, and furnish the incorporators a preliminary certificate 
authorizing said society to solicit members as hereinafter 
provided. 

(b) No preliminary certificate granted under the pro- 
visions of this section shall be valid after one year from its 
date, or after such further period, not exceeding one year, as 
may be authorized by the commissioner of insurance, upon 
cause shown, unless the five hundred applicants hereinafter 
required have been secured and the organization has been 
completed as herein provided. The articles of incorporation 
and all other proceedings thereunder shall become null and 
void in one year from the date of said preliminary certificate, 
or at the expiration of said extended period, unless such 
society shall have completed its organization and received a 
certificate of authority to do business as hereinafter provided. 
III. Upon receipt of said preliminary certificate from the 
commissioner of insurance, said society may solicit members 
for the purpose of completing its organization, shall collect 
from each applicant the amount of not less than one regular 
monthly payment, in accordance with its table of rates as 
provided by its constitution and laws, and shall issue to each 
such applicant a receipt for the amount so collected. No 
society shall incur any liability other than for the return of 
such advance payment, nor issue any certificate, nor pay, 
allow, or offer or promise to pay or allow, any death or dis- 
ability benefit to any person until : 

(a) actual bona fide applications for death benefits 
have been secured upon at least five hundred lives for at least 
one thousand dollars each ; 

(b) all such applicants for death benefits shall have 
been regularly examined by regularly qualified practicing phy- 
sicians, or shall have made acceptable declarations of in- 
surability ; 

(c) certificates of such examinations, or such suitable 
declarations of insurability have been duly filed and approved 
by the chief medical examiner of such society; 



1945] Chapter 149 177 

(d) there have been established ten subordinate lodges 
or branches into which said five hundred applicants have been 
admitted ; 

(e) there has been submitted to the commissioner of 
insurance, under oath of the president or secretary, or cor- 
responding officer of such society, a list of such applicants, 
giving their names, addresses, date each was admitted, name 
and number of the subordinate branch of which each appli- 
cant is a member, amount of benefits to be granted, rate of 
stated periodical contributions which shall be sufficient to 
provide for meeting mortuary obligations contracted, when 
valued for death benefits upon the basis of the American Ex- 
perience Table of Mortality, with interest assumption of not 
more than four per cent per annum, or upon the basis of the 
American Men Ultimate Table of Mortality with an interest 
assumption of not more than three and one-half per cent per 
annum, or upon the basis of such mortality standards and in- 
terest assumptions as may be now or hereafter authorized for 
use by life insurance companies, and for disability benefits, or 
accidental death benefits, upon tables based upon reliable ex- 
perience with an interest assumption of not more than four 
per cent ; and 

(f ) it shall have been shown to the commissioner of in- 
surance, by sworn statement of the treasurer, or correspond- 
ing officer of such society, that at least five hundred appli- 
cants have each paid in cash at least one regular monthly pay- 
ment as herein provided per one thousand dollars of in- 
demnity to be effected, which payments in the aggregate shall 
amount to at least twenty-five hundred dollars, all of which 
shall be credited to the fund or funds from which benefits 
are to be paid, and no part of which may be used for ex- 
penses. Said advance payments shall be held in trust dur- 
ing the period of organization, and if the organization is not 
completed within one year, as herein provided, such payments 
shall be returned to said applicants. 

IV. The commissioner of insurance may make such ex- 
amination and require such further information as he deems 
advisable, and upon presentation of satisfactory evidence that 
the society has complied with all the provisions of law, he 
shall issue to such society a certificate to that effect. Such 
certificate shall be prima facie evidence of the existence of 
such society at the date of such certificate. The commissioner 



178 Chapter 149 [1945 

of insurance shall cause a record of such certificate to be 
made, and a certified copy of such record may be given in 
evidence with like eflfect as the original certificate. 

V. Every such society shall have the power to make a 
constitution and by-laws for the government of the society, 
the admission of its members, the management of its affairs, 
and the fixing and readjusting of the rates of contribution of 
its members from time to time. It shall have the power to 
change, alter, add to or amend such constitution and by-laws, 
and shall have such other powers as are necessary and in- 
cidental to carrying into effect the objects and purposes of 
the society. 

14. Powers Retained; Incorporation of Voluntary Asso- 
ciations; Reincorporation; Amendments. Any incorporated 
fraternal benefit society now engaged in transacting business 
in this state may exercise, after the passage of this chapter, 
all of the rights and powers conferred hereby including those 
recited in section 13, and all of the rights, powers and 
privileges now exercised or possessed by it under its charter 
or articles of incorporation not inconsistent with this chapter, 
and any existing voluntary fraternal benefit association may 
incorporate hereunder, but not later than December thirty- 
first, nineteen hundred forty-six. No society already in- 
corporated shall be required to reincorporate hereunder, and 
any such society may amend its articles of incorporation from 
time to time in the manner provided therein or in its consti- 
tution and laws, and all such amendments, duly certified by 
the secretary, or corresponding oflScer, shall be filed with the 
commissioner of insurance, and shall become operative upon 
such filing, unless a later time be provided in such amend- 
ments or in its articles of incorporation, constitution or laws. 
Any voluntary association now transacting business in this 
state desiring to incorporate hereunder shall receive from 
the commissioner of insurance a permanent certificate of in- 
corporation as a fraternal benefit society when it shall have 
filed articles of incorporation, as provided in the preceding 
section, and shall have proven to the satisfaction of the com- 
missioner of insurance that it has established ten or more 
subordinate lodges or branches into which at least five hun- 
dred applicants have been initiated, and that it has estab- 
lished rates of stated periodical contributions sufficient to 
provide for meeting the mortuary obligations contracted, 



1945] Chapter 149 179 

when valued for death benefits upon the basis of the American 
Experience Table of Mortality, with an interest assumption 
of not more than four per cent per annum, or on the basis of 
the American Men Ultimate Table of Mortality with an in- 
terest assumption of not more than three and one-half per 
cent per annum, or upon the basis of such mortality stand- 
ards and interest assumptions as may be now or hereafter 
authorized for use" by life insurance companies, and for dis- 
ability benefits, and accidental death benefits, by tables based 
upon reliable experience, and for combined death and perma- 
nent total disability benefits by tables based upon reliable ex- 
perience, with an interest assumption not higher than four 
per cent per annum; provided, however, that the commis- 
sioner of insurance may make such examination and require 
such further information as he deems advisable. Every such 
voluntary association so incorporated shall incur the obliga- 
tions and enjoy the benefits thereof the same as though 
originally thus incorporated, and such corporation shall be 
deemed a continuation of such original voluntary association, 
and the officers thereof shall serve through their respective 
terms as provided in the original articles of association, but 
their successors shall be elected and serve as provided in its 
articles of incorporation. Such incorporation of a voluntary 
association shall not affect existing suits, claims or contracts. 
15. Consolidations and Mergers. No domestic society 
shall consolidate or merge with any other society unless such 
consolidation or merger is evidenced by contract in writing 
setting out in full the terms and conditions of such consolida- 
tion or merger, and filed with the commissioner of insurance 
of this state, together with a sworn statement of the financial 
condition of each of said societies, by its president and secre- 
tary, or corresponding officers, of a date not earlier than the 
thirty-first day of December next preceding the date of such 
contract, and a certificate of such officers, duly verified by 
their respective oaths that such consolidation or merger has 
been approved by a majority vote of the members of the 
supreme legislative or governing body of each of said 
societies. Upon the submission of said contract, financial 
statements and certificates, the commissioner of insurance 
shall examine the same, and, if he shall find such financial 
statements to be correct, and the said contract to be in con- 
formity with the provisions of this section, and that such 



180 Chapter 149 [1945 

consolidation or merger is just and equitable to the members 
of each of said societies, he shall approve said consolidation 
or merger, issue his certificate to that effect, and said contract 
of consolidation or merger shall be in full force and effect; 
provided, however, that if any society, a party to such con- 
tract of consolidation or merger, shall be incorporated under 
the laws of any other state or territory, such consolidation or 
merger shall not become effective unless and until the same 
shall have been duly approved as provided by the laws of 
such state or territory, and a certificate of such approval be 
filed with the commissioner of insurance of this state. In 
case such contract is not approved, the fact of its submission 
and its contents shall not be disclosed by the commissioner of 
insurance. Upon any such consolidation or merger becoming 
effective, as hereinabove provided, all the rights, franchises 
and interests of the societies so consolidated or merged, in 
and to every species of property, real, personal and mixed, 
and things in action thereunto belonging, shall be deemed to 
be and shall be vested in the society resulting from or re- 
maining after such consolidation or merger without any other 
instrument; except the conveyances of real property shall be 
evidenced by proper deeds; and the title to any real estate, 
or any interest therein, under the laws of this state vested 
in any of the societies so consolidated or merged, shall not 
revert or be in any way impaired by reason of such con- 
solidation or merger, but shall vest absolutely in the society 
resulting from or remaining after such consolidation or 
merger. Where such merger or consolidation is between a 
fraternal society and a beneficiary association having no 
lodge system or representative form of government, it may 
be authorized by the insurance commissioner upon proof that 
it has been approved by a majority vote of the membership 
of the beneficiary association and of the general board of 
directors of the fraternal society. 

16. Annual License. Societies which are now authorized 
to transact business in this state may continue such business 
until the first day of April next succeeding the effective date 
of this chapter, and the authority of such societies may there- 
after be renewed annually, but in all cases to terminate on 
the first day of the succeeding April; provided, however, a 
license so issued shall continue in full force and effect until 
the new license be issued or specifically refused except that 



1945] Chapter 149 181 

no unincorporated or voluntary society shall be permitted to 
transact business in this state after the thirty-first day of 
December, nineteen hundred forty-six. For each such license 
or renewal the society shall pay the commissioner of insur- 
ance twenty-five dollars. A duly certified copy or duplicate 
of such license shall be prima facie evidence that the licensee 
is a fraternal benefit society within the meaning of this 
chapter. 

17. Admission of Foreign Society. No foreign society, 
which is not now authorized to transact business in this state, 
shall transact any business herein without a license from the 
commissioner of insurance. Any such society may be licensed 
to transact business in this state upon filing with the com- 
missioner a duly certified copy of its charter or articles of in- 
corporation, a copy of its constitution and laws, certified by 
its secretary, or corresponding officer, a power of attorney to 
the commissioner as hereinafter provided, a statement of its 
business under oath of its president and secretary, or cor- 
responding officers, in the form required by the commissioner, 
duly verified by an examination made by the supervising in- 
surance official of its home state or other state satisfactory 
to the commissioner of insurance of this state, a certificate 
from the proper official in its home state, province, or coun- 
try, that the society is legally incorporated and licensed to 
transact business therein, copies of its certificate forms, and 
upon furnishing the commissioner with such other informa- 
tion as he may deem necessary to a proper exhibit of its busi- 
ness and plan of working, and upon showing that its assets 
are invested in accordance with the laws of the state, terri- 
tory, district, province, or country where it is organized, the 
commissioner shall issue a license to such society to do busi- 
ness in this state until the first day of the succeeding April, 
and such license shall, upon compliance with the provisions 
of this chapter, be renewed annually, but in all cases to termi- 
nate on the first day of the succeeding April ; provided, how- 
ever, that the license shall continue in full force and effect 
until the new license be issued or specifically refused. Any 
foreign society desiring admission to this state shall have the 
qualifications required of domestic societies organized under 
this chapter and have its assets invested as required by the 
laws of the state, territory, district, country or province 
where it is organized. For each such license or renewal the 



182 Chapter 149 [1945 

society shall pay the commissioner twenty-five dollars. If the 
commissioner refuses to license any society, or revokes its 
authority to do business in this state, he shall reduce his 
ruling, order or decision to writing and file the same in his 
office, and shall furnish a copy thereof, together with a state- 
ment of his reasons therefor, to the secretary, or other cor- 
responding officer, of the society. Nothing contained in this 
chapter shall be taken or construed as preventing any such 
society from continuing in good faith all contracts made in 
this state during the time such society was legally authorized 
to transact business herein. 

18. Service of Process. Each society, whether domestic 
or foreign, now doing or hereafter admitted to do business in 
this state, shall appoint, in writing, the commissioner of in- 
surance, and his successors in office, to be its true and lawful 
attorney upon whom all lawful process in any action or pro- 
ceeding against it shall be served, and in such writing agree 
that any lawful process against it which is served on said 
attorney shall be of the same legal force and validity as if 
served upon the society, and that the authority shall continue 
in force so long as any liability remains outstanding in this 
state. Copies of such appointment, certified by said commis- 
sioner of insurance, shall be deemed sufficient evidence thereof 
and shall be admitted in evidence with the same force and 
effect as the original thereof might be admitted. 

Service shall only be made upon the commissioner of in- 
surance, or, in his absence, upon the person in charge of his 
office, shall be made in duplicate, and shall be deemed suf- 
ficient service upon such society; provided, however, that no 
such service shall be valid or binding against any such society 
when it is required thereunder to file its answer, pleading or 
defense in less than fourteen days from the date of mailing 
the copy of such service to such society. When legal process 
against any such society is served upon the commissioner of 
insurance, he shall forthwith forward one of the duplicate 
copies by registered mail, prepaid and directed to the secre- 
tary, or corresponding officer. Legal process shall not be 
served upon any such society except in the manner provided 
herein. 

19. Limitation of Action, No action at law or in equity 
shall be had or maintained on any certificate or contract issued 
by a fraternal benefit society unless commenced within 



1945] Chapter 149 183 

eighteen months after the cause of action shall accrue; pro- 
vided, however, that on any cause of action now existing, said 
suit or action shall be begun within three years from the time 
this chapter takes effect, unless said action would be barred 
within a shorter period by contract or statute in effect on the 
date of the enactment hereof, in which event said contract or 
statute shall be applicable to such suit. 

20. Place of Meeting; Location of Office. Any domestic 
society may provide that the meetings of its legislative or gov- 
erning body may be held in any state, district, province or 
territory wherein such society has subordinate branches, and 
all business transacted at such meetings shall be as valid in 
all respects as if such meetings were held in this state; but 
its principal office shall be located in this state. 

21. No Personal Liability. Officers and members of the 
supreme, grand or any subordinate body of any such in- 
corporated society shall not be individually liable for the pay- 
ment of any disability, death or other benefit provided for in 
the laws and agreements of such society, but the same shall 
be payable only out of the funds of such society and in the 
manner provided by its laws. 

22. Waiver. Unless authorized by express provisions of 
the constitution and laws of the society, no employee or agent 
of the society, or any subordinate body, or any subordinate 
officer or member, shall have the power, right or authority to 
waive or modify any of the provisions of the constitution, 
laws, or any contract of the society ; and no custom or course 
of dealing on the part of any employee or agent of the society, 
or any subordinate body, or any subordinate officer or mem- 
ber, shall have the effect of so waiving or modifying any such 
provision, and the same shall not be binding upon the society, 
or any member thereof, or any beneficiary of any member; 
nor shall same constitute a waiver of any of the provisions 
of the constitution, laws or any contract of the society, nor 
operate as an estoppel. 

23. Incontestability. Every certificate for new insurance 
hereafter issued shall be incontestable after it has been in 
force during the lifetime of the insured for a period of two 
years from its date of issue, except for non-payment of stated 
periodical contributions, risks limited or not assumed, 
violation of the provisions of the certificate relating to mili- 
tary or naval service, and violation of the provisions relating 



184 Chapter 149 [1945 

to religion, occupation, suspension or expulsion as substanti- 
ally set forth in the certificate; and at the option of the 
society, provisions relating to benefits in the event of total 
and permanent disability, and provisions which grant addi- 
tional insurance specifically against death by accident or 
accidental means, may also be excepted; and such certificate 
shall be incontestable on the ground of suicide after such cer- 
tificate has been in force during the lifetime of the insured 
for a period of five years from date of issue; provided, how- 
ever, that every such certificate may provide that the society 
shall have the right to contest a reinstated certificate within a 
period after date of reinstatement not exceeding the period 
of contestability prescribed in the original certificate with the 
same exceptions as herein provided. 

24. Benefits Not Attachable. No money or other benefit, 
charity or relief or aid to be paid, provided or rendered by 
any such society, shall be liable to attachment, garnishment 
or other process, or to be seized, taken, appropriated or 
applied by any legal or equitable process or operation of law 
to pay any debt or liability of a member or beneficiary, or any 
other person who may have a right thereunder, either before 
or after payment; provided, however, that this section shall 
not apply to loans or other obligations owing to the society 
from the member or his beneficiary. 

25. Constitution and Laws; Amendments. Every society 
transacting business under this chapter shall file with the com- 
missioner of insurance a duly certified copy of all amendments 
of or additions to its constitution and laws within ninety days 
after the enactment of the same. Printed copies of the consti- 
tution and laws as amended, changed or added to, certified by 
the secretary, or corresponding officer, of the society, shall be 
prima fade evidence of the legal adoption thereof. 

26. Reports and Valuations. I. Every society transact- 
ing business in this state shall annually, on or before the first 
day of March, unless for cause shown such time has been ex- 
tended by the commissioner of insurance, file with the com- 
missioner, in such form as he may require, a statement under 
oath of its president, secretary and treasurer, or correspond- 
ing officers, of its affairs, condition and operations during the 
calendar year ending on the thirty-first day of December last 
preceding, which statement, or the substance thereof, shall 
be published in the annual report of the commissioner. The 



1945] Chapter 149 185 

commissioner is authorized and empowered to address any 
additional inquiries to every such society in relation to its 
doings or condition, or any other matter connected with its 
transactions relative to the business contemplated by this 
chapter, and such officers of such society, as the commissioner 
may require, shall promptly reply in writing, and under oath, 
if so required, to all such inquiries. 

II. Every domestic society, if it has an official publication 
or newspaper, shall publish therein a synopsis of its annual 
statement and valuation report within sixty days after the 
same have been filed with the commissioner. 

III. In addition to the annual report herein required, 
each society shall annually, on or before the first day of March, 
file with the commissioner a valuation of its certificates in 
force on December thirty-first last preceding, provided, how- 
ever, the commissioner may, in his discretion, for cause shown, 
extend the time for filing such valuation for not more than two 
calendar months. Such report of valuation shall show, as re- 
serve liabilities, the difference between the present mid-year 
value of the promised benefits provided in the contracts , of 
such society in force and the present mid-year value of the 
future net contributions as the same are in practice actually 
collected, not including therein any value for the right to 
make extra assessments, and not including any amount by 
which the present mid-year value of future net contributions 
exceeds the present mid-year value of promised benefits on in- 
dividual certificates. At the option of any society, in lieu of 
the above, the valuation may show the net tabular value 
which, in the case of monthly contributions, may be the means 
of the terminal reserve values for the end of the preceding 
and of the current certificate years, provided, every society 
which combines its funds shall maintain all of its reserves 
on the net tabular basis, and provided, further, that if the 
contribution or payment (by whatever name known) charged 
is less than the tabular net contribution according to the basis 
of the valuation used, an additional reserve equal to the pres- 
ent value of the deficiency in such contributions shall be set 
up and maintained as a liability, except that a society which 
has used tabular reserves for a period of ten years preceding 
the effective date of this act in making its valuation on the 
basis of the American Experience Table of Mortality with in- 
terest at four per cent per annum, and charges net rates of 



186 Chapter 149 [1945 

contribution lower than the tabular net rates on the said 
valuation basis, may, in lieu of the reserve equal to the pres- 
ent value of the deficiency herein mentioned on all such cer- 
tificates in force on the effective date of this act, set up an 
additional reserve to cover the deficiency in such rates 
calculated on a basis not less than one providing for the 
accumulation as a pure endowment under a level net annual 
rate of contribution of a sum at the end of not more than 
twenty years from the issue of each certificate equal to the 
present value at that time of the difference between the net 
rate charged under each certificate and the tabular net rate of 
contribution used in the valuation of the same certificate. 
Such tabular reserve values may be computed so as to allow 
for not more than one year preliminary term insurance, and 
for certificates issued after December thirty-first, nineteen 
hundred forty-five, if the contribution charged for term in- 
surance under a limited payment life preliminary term cer- 
tificate providing for the payment of all contributions there- 
on in less than twenty years from the date of the certificate, or 
under an endowment preliminary term certificate exceeds that 
charged for like insurance under twenty-payment life prelimi- 
nary term certificates of the same society, the reserve thereon 
at the end of any year, including the first, shall not be less than 
the reserve on a twenty-payment life preliminary term cer- 
tificate issued in the same year at the same age, together 
with an amount which shall be equivalent to the accumu- 
lation of a net level contribution sufficient to provide for a 
pure endowment at the end of the contribution payment 
period equal to the difference between the value at the end of 
such period of such a twenty-payment life preliminary term 
certificate, and the full net level contribution reserve at such 
time of such a limited payment life or endowment certificate. 
The contribution payment period is the period during which 
contributions are concurrently payable under such twenty- 
payment life preliminary term certificate and such limited 
payment life or endowment certificate. 

IV. Such valuation shall be certified by a competent 
accountant or actuary, or, at the request and expense of the 
society, verified by the actuary of the department of insur- 
ance of the home state of the society. The legal minimum 
standard of valuation for all death benefits shall be the 
National Fraternal Congress Table of Mortality, as adopted 



1945] Chapter 149 187 

by the National Fraternal Congress August twenty-third, eigh- 
teen hundred ninety-nine, with interest assumption of not 
more than four per cent per annum, but the society may, at its 
option, use a table based upon the society's own experience of 
at least twenty years and covering not less than one hundred 
thousand lives, and with interest assumption of not more than 
four per cent per annum provided, that all death benefits pro- 
vided in certificates for new insurance issued after December 
thirty-first, nineteen hundred forty-five, shall be valued 
according to the American Experience Table of Mortality, 
with interest assumption of not more than four per cent per 
annum, or according to the American Men Ultimate Table of 
Mortality with interest assumption of not more than three 
and one-half per cent per annum, or according to such 
mortality standards and interest assumptions as may be now 
or hereafter authorized for use by life insurance companies; 
and, provided further, that the minimum basis of valuation 
of all annuity certificates issued after t)ecember thirty-first, 
nineteen hundred forty-five, shall be the American Annuitants 
Table with interest assumption of not more than four per 
cent per annum. The minimum basis of valuation of all dis- 
ability benefits shall be Hunter's Disability Table with in- 
terest assumption of not more than four per cent per annum, 
except that Class III Disability Experience modified to con- 
form to the contractual waiting period with interest assump- 
tion of not more than four per cent per annum shall be the 
minimum basis of valuation of all benefits presuming that total 
disability shall be considered to be permanent whenever such 
disability has existed continuously for a period of six months 
or less. Accidental death benefits shall be valued upon the 
basis of tables based upon reliable experience with interest 
assumption of not more than four per cent per annum. Each 
such valuation report shall set forth clearly and fully the 
mortality, disability and interest assumption and the method 
of valuation used in the computation of all reserve liabilities. 
V. If such valuation on the December thirty-first next 
succeeding the effective date of this chapter shows that the 
admitted assets of any such society are less than the sum of 
its required reserves and accrued liabilities, such society shall, 
within four years following such valuation, except as herein- 
after provided, take the necessary action to remove, by De- 
cember thirty-first, nineteen hundred fifty, any deficiency in 



188 Chapter 149 [1945 

its admitted assets. However, if, in any two consecutive 
valuations subsequent to December thirty-first next succeed- 
ing the effective date of this chapter, a greater degree of de- 
ficiency in admitted assets is shown, the commissioner of in- 
surance shall send written notice to such society requiring 
it to take, within six months from receipt of such notice, the 
necessary action to remove, within three years from receipt 
of such notice, all deficiency in its admitted assets. If either 
of the actions hereinbefore provided be not taken within the 
time herein specified, the commissioner of insurance shall, 
in the case of a domestic society, notify the attorney gen- 
eral, who shall institute proceedings for its liquidation, or 
shall, in the case of a foreign society, cancel its certificate of 
authority. 

27. Examination of Domestic Societies. The commis- 
sioner of insurance, or any person he may appoint, shall have 
the power of visitation and examination into the affairs of any 
domestic society. He shall cause such an examination to be 
made at least once in three years. He may employ assistants 
for the purpose of such examination, and he, or any person 
he may appoint, shall have free access to all the books, papers 
and documents that relate to the business of the society, and 
may summon and qualify as witness under oath and examine 
its officers, agents and employees or other persons in relation 
to the aflfairs, transactions and condition of the society. The 
expense of such examination and all valuations, including 
compensation and actual expense of examiners, shall be paid 
by the society examined, or whose contracts are valued upon 
statements furnished by the commissioner of insurance. The 
compensation of examiners shall in each case be fixed by the 
commissioner of insurance according to current standard 
rates. Whenever, after examination, the commissioner is 
satisfied that any domestic society has failed to comply with 
any provisions of this chapter, or is exceeding its powers, or 
is not carrying out its contracts in good faith, or is trans- 
acting business fraudulently, or in a way hazardous to its 
members, creditors, or the public, or whenever any domestic 
society, after the existence of one year or more, shall have 
membership of less than four hundred (or shall determine to 
discontinue business), the commissioner may present the facts 
relating thereto to the attorney general, who shall, if he deems 
the circumstances warrant, commence an action in quo 



1945] Chapter 149 189 

wairanto in a court of competent jurisdiction, and such court 
shall thereupon notify the officers of such society of a hear- 
ing, and if it shall then appear that such society should be 
closed, said society shall be enjoined from carrying on any 
further business, and some person may be appointed receiver 
of such society, and shall proceed at once to take possession 
of the books, papers, moneys and other assets of the society, 
and shall forthwith, under the direction of the court, proceed 
to close the affairs of the society and to distribute its funds 
to those entitled thereto. No such proceedings shall be com- 
menced by the attorney general against any such society until 
after notice has been duly served on the chief executive 
officers of the society and a reasonable opportunity given to 
it, on a date to be named in said notice, to show cause why 
such proceedings should not be commenced. 

28. Application for Receiver, etc. No proceedings for 
the dissolution of, or the appointment of a receiver for, any 
domestic society, or branch thereof, shall be entertained by 
any court in this state unless the same is made by the attorney 
general upon request of the commissioner. 

29. Examination of Foreign Societies. The commissioner 
of insurance, or any person whom he may appoint, may ex- 
amine any foreign society transacting or applying for ad- 
mission to transact business in this state. The said commis- 
sioner may employ assistants, and he, or any person he may 
appoint, shall have free access to all books, papers and docu- 
ments that relate to the business of the society. He may, in 
his discretion, accept, in lieu of such examination, the ex- 
amination of the insurance department of the state, territory, 
district, province or country where such society is organized. 
The compensation and actual expenses of the examiners mak- 
ing any such examination, and for all general or special 
valuations, shall be paid by the society examined, or whose 
contract obligations have been valued upon statements furn- 
ished by the commissioner of insurance, provided, the fees of 
the examiners shall not exceed twenty-five dollars per day for 
each examiner. If any such society, or its officers, refuse to 
submit to such examination, or to comply with the provisions 
of the section relative thereto, the authority of such society 
to write new business in the state shall be suspended or 
license refused until satisfactory evidence is furnished the 
commissioner relating to the condition and affairs of the 



190 Chapter 149 [1945 

society, and during such suspension the society shall not write 
new business in this state. 

30. No Adverse Publications. Pending, during or after 
an examination or investigation of any such society, either 
domestic or foreign, the commissioner of insurance shall 
make public no financial statement, report or findings, nor 
shall he permit to become public any financial statement, re- 
port or finding affecting the status, standing or rights of any 
such society, until a copy thereof shall have been served upon 
such society at its home office, and such society shall have 
been afforded a reasonable opportunity to answer any such 
financial statement, report or finding, and to make such show- 
ing in connection therewith as it may desire. 

31. Revocation or Suspension of License. When the 
commissioner of insurance, on investigation, is satisfied that 
any society transacting business under this chapter, has ex- 
ceeded its powers, or has failed to comply with any provisions 
of this chapter, or is conducting business fraudulently, or in a 
way hazardous to its members, creditors or the public, or is 
not carrying out its contracts in good faith, he shall notify the 
society of his findings, and state in writing the grounds of 
his dissatisfaction, and after reasonable notice require said 
society, on a date named, to show cause why its license should 
not be suspended or revoked. If on the date named in said 
notice such objections have not been removed to the satis- 
faction of the said commissioner, or the society does not 
present good and sufficient reason why its authority to trans- 
act business in this state should not at that time be suspended 
or revoked, he may either suspend or revoke the authority of 
the society to continue business in this state. 

32. Exemption of Certain Societies. I. Nothing con- 
tained in this chapter shall be so construed as to affect or 
apply to: 

(a) grand or subordinate lodges of societies, orders or 
associations now doing business in this state which provide 
benefits exclusively through local or subordinate lodges ; 

(b) orders, societies or associations which admit to 
membership only persons engaged in one or more crafts or 
hazardous occupations, in the same or similar lines of business, 
and the ladies' societies or ladies' auxiliaries to such orders, 
societies or associations; 

(c) domestic societies which limit their membership to 
employees of a particular city or town designated firm, busi- 



1945] Chapter 149 191 

ness house or corporation which provide for a death benefit 
of not more than four hundred dollars or disability benefits 
of not more than three hundred fifty dollars to any person in 
any one year, or both; 

(d) domestic societies or associations of a purely re- 
ligious, charitable or benevolent description, which provide for 
a death benefit of not more than four hundred dollars or for 
disability benefits of not more than three hundred fifty dollars 
to any one person in any one year, or both. 

XL Any such society or association described in clauses 
(c) or (d) of paragraph I which provides for death or dis- 
ability benefits for which certificates are issued, and any such 
society or association included in clause (d) which has more 
than one thousand members, shall not be exempted from the 
provisions of this chapter, but shall comply with all the re- 
quirements thereof. 

III. No society which, by the provisions of this section, 
is exempt from the requirements of this chapter, except any 
society described in clauses (a) and (b) of paragraph I, 
shall give or allow, or promise to give or allow to any person 
any compensation for procuring new members. 

IV. Every fraternal benefit society heretofore organized 
and incorporated, and which provides for benefits in case of 
death or disability resulting solely from accident, and which 
does not obligate itself to pay natural death or sick benefits, 
may be relicensed under the provisions of this chapter, if 
heretofore authorized, and shall have all of the privileges and 
be subject to all the applicable provisions and regulations of 
this chapter except that the provisions thereof relating to 
medical examination, standard provisions, prohibited pro- 
visions, valuations of benefit certificates, and incontestability, 
shall not apply to such society. 

V. The commissioner may require from any society or 
association, "by examination or otherwise, such information 
as will enable him to determine whether such society or asso- 
ciation is exempt from the provisions of this chapter. 

33. Taxation. Every fraternal benefit society organized 
or licensed under this chapter is hereby declared to be a 
charitable and benevolent institution, and all of its funds 
shall be exempt from all and every state, county, and muni- 
cipal tax, other than taxes on real estate and office equip- 
ment. 



192 Chapter 149 [1945 

34. Misrepresentations, Misleading Statements and In- 
complete Compai-isons. I. No agent or representative of any 
fraternal benefit society authorized to transact the business of 
life, accident or health insurance in this state, and no other 
person, firm, association or corporation, shall issue or circu- 
late, or cause or permit to be issued or circulated, any illus- 
tration, circular, statement or memorandum misrepresenting 
the terms, benefits or advantages of any certificate or contract 
of life, accident or health insurance issued or to be issued in 
this state, or shall make any misleading estimate as to the 
dividends or share of surplus to be received in the future on 
such certificate or contract, or shall make any false or mis- 
leading statement as to the dividends or share of surplus 
previously paid by any such fraternal benefit society on 
similar certificates or contracts, or shall make any misleading 
representation, or any misrepresentation, as to the financial 
condition of any such fraternal benefit society, or as to the 
legal reserve system upon which such fraternal benefit society 
operates, or shall make any false or misleading statements of 
any other kind or nature with reference to any such fraternal 
benefit society. No such agent, representative, person, firm, 
association or corporation shall make to any person or per- 
sons any incomplete comparison of any certificates or con- 
tracts of any fraternal benefit society or societies, with the 
certificates or contracts of any other fraternal benefit society 
or societies, or of any other insurer, for the purpose of in- 
ducing, or tending to induce such person or persons to lapse, 
forfeit or surrender any insurance certificate or contract. 

II. Any such comparison of the certificates or contracts 
of any such fraternal benefit society or societies, shall be 
deemed to be an incomplete comparison, if it does not compare 
in detail the gross contributions and gross contributions less 
any dividend or other reduction thereof allowed by the society 
or societies, at the date of the comparison, and the increase in 
any cash values and all the benefits provided by each of such 
certificates or contracts for the possible duration of the 
Certificate or contract to be determined by the life ex- 
pectancy of the certificate holder. The omission from any 
such comparison of any benefit or value provided in any such 
certificate or contract or of any differences as to amount or 
period of payment of contributions, or of any differences in 
limitations or conditions or provisions which directly or in- 



1945] Chapter 149 193 

directly affect the benefits thereunder, shall constitute such 
comparison an incomplete comparison. 

III. In the determination, judicial or otherwise, of the 
incompleteness or misleading character of any such com- 
parison, it shall not be presumed that the certificate holder 
knew or knows of any of the provisions, terms or benefits 
contained in any insurance certificate or contract. 

IV. Any agent or representative of a fraternal benefit 
society, and any other person, firm, association or corporation 
who, or which, shall violate any of the provisions of this 
section, or who, or which, shall knowingly receive any com- 
pensation or commission by or in consequence of such viola- 
tion, shall be guilty of a misdemeanor, and shall be fined not 
less than one hundred nor more than five hundred dollars, or 
imprisoned for not less than thirty days, nor more than one 
year, or both, and shall, in addition thereto, be liable for a 
civil penalty in the amount of three times the sum received, 
knowingly or otherwise, by such violator as compensation or 
commission,which penalty may be sued for and recovered in 
an action of debt by any person or fraternal benefit society 
aggrieved for his or its own use and benefit. 

35. Reinsurance, When Permitted; Effect on Reserves. 
Any domestic fraternal benefit society may, by a reinsurance 
agreement, cede all or any part of its risks to another in- 
surer having the power to make such reinsurance and author- 
ized to do business in this state, or, if not so authorized, one 
that is approved by the insurance commissioner. It may take 
credit for the reserves on such ceded risks to the extent re- 
insured. 

36. Penalties. I. Any person, officer, member or ex- 
amining physician of any society authorized to do business 
under this chapter, who shall knowingly or willfully make any 
false or fraudulent statement or representation in or with 
reference to any application for membership, or for the pur- 
pose of obtaining money from, or benefit in, any society trans- 
acting business under this chapter, shall be guilty of a mis- 
demeanor, and fined not less than one hundred nor more than 
five hundred dollars, or be imprisoned for not less than thirty 
days, nor more than one year, or both, in the discretion of the 
court. 

11. Any person who shall willfully make a false state- 
ment of any material fact or thing in a sworn statement as to 



194 Chapter 149 - [1945 

the death or disability of a certificate holder in any such society 
for the purpose of procuring payment of a benefit named 
in the certificate of such holder, and any person who shall 
willfully make any false statement in any verified report or 
declaration under oath required or authorized by this chapter 
shall be guilty of perjury, and shall be proceeded against and 
punished as provided by the statutes of this state in relation 
to the crime of perjury. 

III. Any person who shall solicit membership for, or in 
any manner assist in procuring membership in, any fraternal 
benefit society not licensed to do business in this state, or 
who shall solicit membership for, or in any manner assist in 
procuring membership in any such society not authorized, as 
herein provided, to do business, as herein defined, in this 
state, shall be guilty of a misdemeanor, and shall be fined not 
less than fifty, nor more than two hundred dollars. 

IV. Any society, or any officer, agent or employee there- 
of, neglecting or refusing to comply with, or violating any of, 
the provisions of this chapter, the penalty for which neglect, 
refusal or violation is not specified in this section, shall be 
fined not exceeding two hundred dollars. 

37. Penalty for Refusing or Neglecting to Make Report; 
Duty of Commissioner of Insurance; Injunction, etc. Any 
such society refusing or neglecting to make the report, as 
provided in this chapter, or to appoint the commissioner of 
insurance as its true and lawful attorney for the purpose of 
this chapter, shall be excluded from doing business in this 
state. Said commissioner of insurance must, within sixty 
days after failure to make such report, or in case any such 
society shall exceed its powers, or shall conduct its business 
fraudulently, or shall fail to comply with any of the pro- 
visions of this chapter, give notice, in writing, to the attorney 
general, who shall immediately commence an action against 
any such society to enjoin the same from carrying on any 
business. No society so enjoined shall have authority to 
continue business until such report shall be made or overt act 
or violation complained of shall have been corrected, nor un- 
til the costs of such action be paid by it, provided the court 
shall find that such society was in default as charged. Where- 
upon, the commissioner of insurance shall reinstate such 
society, and not until then shall such society be allowed to 
again do business in this state. Any officer, agent or person 



1945] Chapter 149 195 

acting for any society, or subordinate body thereof, in this 
state, while such society shall be so enjoined or prohibited 
from doing business pursuant to this chapter, shall be deemed 
guilty of a disdemeanor, and shall be fined not less than fifty 
dollars, nor more than two hundred dollars, or imprisoned 
for not less than thirty days, nor more than one year, or both. 

38. Authority to Maintain Hospitals, Asylums, etc.; 
Provide for Hospitalization, Nursing and Medical Attention. 
It shall be lawful for any fraternal benefit society, as defined 
in this chapter, now organized and existing, or hereafter 
organized under and by virtue of the laws of this state, or any 
such society organized and existing under and by virtue of the 
laws of any other state, country, province or territory, and 
now or hereafter admitted to do business in this state, to 
create, maintain and operate, for the benefit of its sick, dis- 
abled, aged or distressed members and their families and de- 
pendents, out of its general or expense fund, and from any 
voluntary contributions it may receive therefor, and from any 
bequest and the proceeds of any insurance contract in which 
it is named as beneficiary, in trust for the purposes men- 
tioned in this section, hospitals, asylums, homes, sanitariums, 
or other charitable or benevolent institutions, and for such 
purpose any such society may own, hold or lease personal 
property or real property located within or without this state, 
with necessary buildings thereon; provided, that the amount 
of the general or expense fund to be expended, as herein pro- 
vided, shall not exceed such amounts as shall have been or 
shall be from time to time authorized by the legislative or 
supreme governing body of such society; provided further, 
that maintenance, treatment and proper attendance in any 
such institution may be furnished free, or a reasonable 
charge may be made therefor, but no such institution shall 
be operated for profit; and provided further, that no part of 
the cost or expense of creating, maintaining, or operating 
any such institution shall be defrayed or paid out of the 
mortuary, sick or disability funds of any such society. 

Any such society and any society heretofore organized 
and incorporated which provides exclusively for benefits in 
case of death or disability resulting solely from accident and 
which does not obligate itself to pay natural death or sick 
benefits, may, in addition to the benefits now or hereafter 
authorized to be granted by it to its members, make contract 



196 Chapter 150 [1945 

provisions for full or limited hospital, nursing and medical 
attention, or for one or more of said items. 

39. Review. All decisions and findings of the commis- 
sioner of insurance made under the provisions of this chapter 
shall be subject to review by proper proceedings in any court 
of competent jurisdiction in this state. 

2. Uniformity of Interpretation. This chapter shall be so 
interpreted as to make uniform the laws of those states which 
enact it. 

3. Short Title. This chapter may be cited as the Uniform 
Fraternal Act. 

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

[Approved May 9, 1945.] 



CHAPTER 150. 

AN ACT RELATING TO COOPERATIVE MARKETING ASSOCIATIONS. 

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

1. Cooperative Marketing Associations. Amend section 5 
of chapter 273 of the Revised Laws by strikinng out said 
section and inserting in place thereof the following: 5. 
Amendments to Certificate. An association may amend its 
certificate of organization by the affirmative vote of two-thirds 
of the members voting thereon at any regular meeting, or at 
a special meeting called for that purpose, or if the association 
permits its members to vote on the basis of patronage, by the 
affirmative vote of a majority of the members and of two- 
thirds of the patronage, voting thereon. A written or printed 
notice of the proposed amendment and of the time and place of 
holding such meetings shall be delivered to each member, or 
mailed to his last known address as shown by the books of 
the association, at least thirty days prior to any such meet- 
ings. No amendment affecting the preferential rights of any 
outstanding stock shall be adopted until the written consent 
of the holders of two-thirds of the outstanding preference 
shares has been obtained. Amendments to the certificate of 
organization, when so adopted, shall be filed in accordance with 
the provisions of the preceding section. 



1945] Chapter 151 197 

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

[Approved May 9, 1945.] 



CHAPTER 151. 

AN ACT RELATING TO THE CONSERVATION OF SOIL. 

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

1. Soil Conservation District. There is hereby created a 
soil conservation district throughout the state to be known as 
the soil conservation district of New Hampshire to provide the 
means of conservation of soil and soil resources of the state 
and for the control and prevention of soil erosion. 

2. Definitions. As used in this act the following words 
shall have the following meanings: 

I. "Districts" or "soil conservation districts" means the 
territories included within the boundaries of the state. 

II. "Land occupier" or "occupier of lands" includes any 
person who shall hold title to or who shall be in lawful posses- 
sion of three or more acres of land in the state whether as 
owner, lessee, renter, tenant, or otherwise. 

III. "Committee" means the state soil conservation com- 
mittee hereafter established. 

3. State Soil Conservation Committee and Advisory Board. 
There is hereby established to serve as an agency of the state, 
the state soil conservation committee which shall consist of the 
following three members: The state commissioner of agri- 
culture, who shall serve as a chairman of the committee, the 
director of the state agricultural extension service, and the 
director of the state agricultural experiment station. The 
following four members shall serve as an advisory board : The 
state highway commissioner, the state forester, the director 
of the fish and game department, and the executive director 
of the state planning and development commission. The 
members of said committee and said board shall serve without 
compensation. The committee may adopt rules and regulations 
necessary for the execution of its functions hereunder and 
shall keep a record of its oflicial actions. It may employ such 
employees as it requires and fix their compensation subject 



198 Chapter 151 [1945 

to the approval of the governor and council. It may also 
consult and advise with any local committees or groups. 

4. Powers of the District. The committee, with the advice 
and consent of the governor and council, shall have the follow- 
ing powers: 

I. To conduct surveys, investigation and research relat- 
ing to the soil erosion and the preventive and control 
measures needed; to publish the results of such surveys, in- 
vestigations or research, and to disseminate information con- 
cerning such preventive and control measures. 

II. To carry out measures for the prevention and control 
of soil erosion within the district, including but not limited to 
engineering operations, methods of cultivation, the growing 
of vegetation and the changes in the use of land on lands 
owned and controlled by the state, or any county, city, town or 
any other subdivision thereof, with the consent and co- 
operation of the department or agency of the same, having 
jurisdiction thereof and any other land within the district 
upon obtaining the consent of both owner and occupier of such 
lands or the necessary rights. 

III. To cooperate or enter into agreements with any 
agency, governmental or otherwise, or any occupier of lands 
within the district and to furnish aid and subject to such 
conditions as the committee may deem necessary to advance 
the purposes hereof. 

IV. To construct, improve and maintain such erosion 
control structures as may be necessary or convenient for the 
performances of any of the provisions hereof. 

V. To develop comprehensive plans for the conservation 
of soil within the district, cropping programs, tillage practices 
and changes in use of such land, and to publish such plans and 
information and bring them to the attention of the occupiers 
of the land within the district. 

VI. To accept contributions in money, services, materials 
or otherwise for carrying out this program from the federal 
government or from the state or from any other source. 

VII. To enter into agreements with land owners or 
occupiers to carry out the purposes hereof. 

VIII. No surveys, investigations, research or plans of or 
for any particular land shall be undertaken or begun by said 
committee, nor shall any measures for prevention or control 
of soil erosion thereon be carried out, until prior approval 



1945] Chapters 152, 153 199 

therefor has been obtained from both the owner and occupier 
of such land, and said land owner and occupier may withdraw 
said approval at any time upon thirty days' notice to the com- 
mittee. 

5. Cooperation. Any department or agency of the state, 
or of any county, city or town may cooperate with the district 
in the program proposed hereunder. 

6. Separability Clause. If any of the provisions hereof or 
the application of any provision to any person or circumstance 
is held invalid the remainder hereof and the application of 
such provision to other persons or circumstances shall not be 
affected thereby. 

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

[Approved May 10, 1945.] 



CHAPTER 152. 

AN ACT ESTABLISHING THE STATE MOTTO. 

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

1. State Emblems. Amend chapter 13 of the Revised 
Laws, as amended by chapter 148, Laws of 1945, by adding at 
the end thereof the following new section: 6. State Motto. 
The words "Live Free or Die," written by General John Stark, 
July 31, 1809, shall be the official motto of the state. 

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

[Approved May 10, 1945.] 



CHAPTER 153. 

AN ACT RELATING TO THE CONSTRUCTION AND OPERATION OF 

RECREATIONAL FACILITIES ON MT. SUNAPEE IN 

THE TOWN OF NEWBURY. 

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

1. Recreational Project Authorized. Amend sections 2 to 5, 
inclusive, of chapter 190 of the Laws of 1941, by striking out 
said sections and inserting in place thereof the following : 



200 Chapter 153 [1945 

2. Recreational Project. There shall be constructed on 
Mt. Sunapee in the town of Newbury a tramway, or other 
lifting device, in accordance with the following" provisions. 

3. Approval of Plans; Construction. The type of 
structure to be erected hereunder, the time for undertaking 
such project and the plans and specifications for the erection 
and construction of said project shall be determined by the 
governor and council. In making such determination, the 
governor and council shall approve such plans as will make 
the project hereunder self liquidating. The construction of 
the project as determined by the governor and council shall 
be under the supervision of the highway commissioner. 

4. Powers of Highway Commissioner. To the extent 
that it may be necessary to carry out the provisions hereof 
for the construction of the project, the highway commissioner 
shall have power to acquire in the name of the state by pur- 
chase, condemnation, lease or otherwise, real property and 
rights of easements therein deemed by him necessary or de- 
sirable for the purposes hereof and to acquire personal prop- 
erty for the purposes hereof. The commissioner shall also 
have power to use and control public lands of the state to the 
extent that it may be necessary to carry out his duties here- 
under. Forthwith, upon the acquisition by the commissioner 
in the name of the state through purchase, condemnation or 
otherwise of any real property or interest or easement there- 
in, such property or rights shall without further action and 
by virtue of this act be and become dedicated to the rec- 
reational uses and purposes of the state. 

5. Maintenance and Operation. Upon completion of the 
project as hereinbefore provided, the operation and manage- 
ment thereof shall be under the supervision of the forestry 
and recreation commission, and for the purpose of said oper- 
ation and maintenance said commission shall have power to 
(1) charge and collect fees, fares and tolls for carriage and 
other services made available in connection with said tram- 
way or other lifting device; (2) to make contracts on behalf of 
the state with the United States, other states, public corpo- 
rations or bodies existing therein, and private corporations 
and individuals ; (3) to accept grants, permits and cooperation 
from the United States or any agency thereof in the mainte- 
nance and operation of said project and its appurtenances, and 
to do any and all things necessary in order to avail itself of 



1945] Chapter 153 201 

such aid and cooperation; (4) to employ such assistants, 
agents and servants as it shall deem necessary or desirable for 
its purposes; (5) to exercise any of its powers in the public 
domain of the United States, unless the exercise of such 
powers is not permitted by the laws of the United States ; (6) 
to do all things necessary or incidental to the foregoing 
powers. 

2. Extension of Time. The appropriation made for the 
purposes of chapter 190 of the Laws of 1941, as extended by 
chapter 155 of the Laws of 1943, shall not lapse but shall be 
made available for the purposes of said chapter 190, as 
amended by this act, until June 30, 1949. 

3. Bond Issue. The bond issue authorized hy section 7 of 
chapter 190 of the Laws of 1941 shall be deemed to be author- 
ized for the purpose of carrying into effect the provisions of 
said chapter 190, as amended and extended by this act. 

4. Tolls and Charges. Amend section 9 of chapter 190 of 
the Laws of 1941 by striking out said section and inserting in 
place thereof the following: 9. Revenue. There shall be 
collected for carriage upon the tramway or other structure 
constructed hereunder, and for other services made available 
therewith, such fares and tolls and charges as the forestry 
and recreation commission shall deem reasonable. Such sums 
as are so collected shall be deposited with the state treasurer 
who shall keep the same in a separate account. Operating 
expenses, depreciation and upkeep of said project and services 
shall be charged to or paid from said account and from the 
balance of said account after the deductions hereby authorized 
the governor, with the approval of the council, shall pay the 
interest and principal of the bonds or notes issued hereunder 
as the same become due and payable. From the balance of 
said special account after the payment of expenses, depre- 
ciation, upkeep and services, and the annual interest and bond 
or note charges, a sum not to exceed ten thousand dollars for 
each of the fiscal years ending June 30, 1947, 1948, 1949, and 
1950 may be retained in said account and paid out by the com- 
mission, with the approval of the governor and council, for 
permanent improvements and additional facilities at the 
project. During the construction of the project the governor 
may, if necessary, draw his warrant upon the general fund to 
pay the interest due upon any bonds or notes that have been 
issued in accordance with the provisions hereof, but re- 



202 Chapter 154 [1945 

imbursement for such payments shall be made to the general 
fund from revenue in the special fund herein created. When 
the principal and interest of all notes and bonds authorized 
hereunder have been paid, or sufficient money has accumulated 
in said special fund to pay the same, the balance of the special 
fund herein provided, after the payment of charges as herein 
authorized, shall be paid at such times as the governor and 
council shall direct into the general funds of the state. 

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

[Approved May 11, 1945.] 



CHAPTER 154. 

AN ACT RELATIVE TO WORKMEN'S COMPENSATION. 

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

1. Workmen's Compensation. Amend section 14 of chap- 
ter 216 of the Revised Laws by striking out said section and 
inserting in place thereof the following : 14. Remedial Care. 
During the first ninety days after an injury to an employee, 
an employer who has accepted the compensation provisions of 
this chapter shall furnish to the employee, or cause to be 
furnished, free of charge, reasonable medical and hospital 
services or other remedial care when needed, unless the in- 
jured employee shall decline or refuse to allow them to be 
furnished, and the injured employee, if he so chooses, shall 
have the right of selection of a duly qualified physician or 
other remedial care upon due notice to the employer. In the 
event of loss of an eye, limb, or other member by reason of 
said injury an employer, in addition to the foregoing care, 
shall, upon request, furnish, free of charge, an appropriate 
artificial appliance to replace such loss. Such aid shall not be 
considered under the provisions of section 25. 

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

[Approved May 11, 1945.] 



1945] Chapter 155 203 

CHAPTER 155. 

AN ACT PROVIDING FOR THE CERTIFICATION OF INSPECTED 
SEED POTATOES. 

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

1. Seed Potatoes. Amend the Revised Laws by inserting 
after chapter 197 the following new chapter: 

Chapter 197-A 
Certification of Seed Potatoes 

1. Definition. The term "certified seed potatoes" as 
used herein shall include potatoes (Solanum tuberosum) that 
have been inspected and tested by the commissioner of agricul- 
ture, or his authorized agents, and found to be reasonably free 
from disease and other defects, as specified in the rules and 
regulations issued by the commissioner of agriculture under 
the provisions hereof. 

2. Application for Inspection. Any grower of potatoes 
in New Hampshire may make application to the commissioner 
of agriculture for inspection and certification of his potato 
crop for seed purposes, under such rules and regulations as 
he may issue. The commissioner of agriculture, or his author- 
ized agents, shall issue such certificates of inspection, and 
designate or provide such official tags for marking containers 
of certified seed and establish such standards of grade and 
quality, as are necessary to safeguard the privileges and 
service provided for in this chapter. 

3. Prohibitions. No person, in connection with the sale 
of seed potatoes, shall use the term "certified" or any similar 
term which may tend to convey that the same has been cer- 
tified hereunder, either orally or on tags, containers, or labels 
or in advertising unless said seed potatoes have been inspected 
and certified hereunder. 

4. Rules and Regulations. The commissioner of agri- 
culture is hereby authorized to make all necessary rules and 
regulations to carry out the provisions hereof. 

5. Penalties. Any person, copartnership, association or 
corporation, and any officer, agent, servant or employee there- 
of, violating any of the provisions hereof shall be fined not 
more than two hundred dollars for each off'ense. If any such 
person, copartnership, association, or corporation shall be 
twice convicted of a violation hereof the commissioner of 



204 Chapter 156 [1945 

agriculture may prohibit him from marketing certified seed 
potatoes for a period of not less than two nor more than four 
years after such prohibition. . 

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

[Approved May 11, 1945.] 



CHAPTER 156. 

AN ACT RELATING TO AERONAUTICS. 

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

1. Registration of Aircraft, Nonresident Airmen; Ex- 
ceptions. Amend section 25 of chapter 306 of the Revised 
Laws by adding the following additional paragraphs: 

IV. The registration of an aircraft which has been 
licensed by a foreign country with which the United States 
has a reciprocal agreement covering the operations of such 
licensed aircraft; and provided that such an operation does 
not constitute an act of air commerce. 

V. The registration of an aircraft which is owned by a 
nonresident of this state who is lawfully entitled to operate 
such aircraft in the state, district or country of his residence, 
provided that said state, district or country grants like 
privileges to residents of this state, and that such an oper- 
ation does not constitute an act of air commerce. 

VI. The registration of a nonresident operating aircraft 
in this state who is lawfully entitled to operate aircraft in 
the state, district or country of his residence; provided that 
said state, district or country grants like privileges to resi- 
dents of this state, and that such an operation does not con- 
stitute an act of air commerce. 

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

[Approved May 11, 1945.] 



1945] Chapter 157 205 

CHAPTER 157. 

AN ACT RELATING TO THE ELIMINATION OF A SPECIAL POLL TAX. 

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

1. Statement of Intent. The sole intent of this act is the 
elimination of a special poll tax provided for in chapter 201 
of the Laws of 1943, except for the tax years commencing 
April first, 1944, and April first, 1945. 

2. Veterans Bonus. Amend section 5 of chapter 201 of 
the Laws of 1943 by striking out said section and inserting in 
place thereof the following: 5. Special Poll Tax. For the 
tax years beginning April first, 1944 and April first, 1945, there 
shall be assessed upon all taxable polls, as now or hereafter 
defined, within the state, a further tax of three dollars in addi- 
tion to the poll tax now provided, such additional tax to be 
assessed, levied and collected in accordance with the laws re- 
lating 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 or cities to the state treas- 
urer, on or before the first day of December, and the state 
treasurer is hereby authorized to issue his extent for all taxes 
which shall remain unpaid on said date 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 indebted- 
ness 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. 

3. Bonds or Notes. Amend section 7 of chapter 201 of the 
Laws of 1943 by striking out the words: "Said bonds or 
notes and interest thereon shall be repaid from the collections 
from the special poll tax provided for in this act" being the 
last sentence thereof, so that said section as amended shall 
read as follows: 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 



206 Chapter 158 [1945 

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. 

4. Short-Term Notes. Amend section 9 of chapter 201 of 
the Laws of 1943 by striking out the words "and in anti- 
cipation of the collection of revenue hereunder," in lines two 
and three thereof so that said section as amended shall read 
as follows: 9. 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 four million dollars. 

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

[Approved May 11, 1945.] 



CHAPTER 158. 



AN ACT RELATIVE TO THE ERECTION OF A MEMORIAL TO 
FRANKLIN PIERCE. 

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

1. Franklin Pierce Memorial. A suitable monument of 
New Hampshire granite properly inscribed to commemorate 
the service of Franklin Pierce to his country as the fourteenth 
president of the United States, shall be constructed and 
erected on the Pierce family lot in Minot Enclosure in Old 
North Cemetery in Concord. The erection of said memorial 
shall be under the supervision of the governor and council. 

2. Appropriation. The sum of five thousand, five hundred 
dollars ($5,500) is hereby appropriated for the purpose of 
carrying out the provisions of this act and the governor is 
hereby authorized to draw his warrant for said sum out of 
any money in the treasury not otherwise appropriated. 



1945] Chapter 159 207 

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

[Approved May 11, 1945.] 



CHAPTER 159. 

AN ACT RELATIVE TO INDUSTRIAL HEALTH SERVICE. 

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

1. State Department of Health. Amend chapter 147 of 
the Revised Laws by adding after section 12 the following 
new sections : 

12-a. Industrial Health Service. The state board of 
health shall have authority: 

I. To investigate all mines, quarries, foundries and 
plants and establishments employing five or more engaged in 
manufacturing or processing of raw materials or goods in 
process of manufacture where noxious gases, fumes and dust 
may exist which may be deleterious to the health of em- 
ployees or present an occupational disease hazard, and make 
studies to determine the allowable Hmits of toxic materials 
and ventilation requirements pertaining to the health of said 
workmen. 

II. To authorize the division of industrial hygiene to 
have charge of matters under this section. 

III. To make such rules and regulations as it may 
deem necessary for the administration of the provisions of 
this section. 

IV. To have free access for itself or its agents to any 
such place of employment for the proper discharge of the 
official duties herein provided. 

12-b. Commissioner of Labor. The state board of health 
shall forward to the commissioner of labor for his information 
and use copies of any investigations and rules and regulations 
made under the provisions of section 12-a. The labor com- 
missioner shall adopt the provisions of such rules and regula- 
tions in standards established by him under the provisions of 
chapter 215 of the Revised Laws. The commissioner of labor 
may request the division of industrial hygiene of the state 
board of health to visit any other factories. This section and 



208 Chapter 160 [1945 

section 12-a shall not be construed as to prevent the cooper- 
ation of the health department with industrial physicians and 
nurses in the promotion of industrial health. 

12-c. Penalty. Any employer who shall neglect or re- 
fuse to comply with the provisions of section 12-a or with the 
provisions of any rules and regulations adopted as provided 
therein shall be fined not less than ten dollars nor more than 
twenty-five dollars for each offense, and each day any em- 
ployer neglects or refuses to comply therewith shall consti- 
tute a separate offense. 

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

[Approved May 15, 1945.] 



CHAPTER 160. 

AN ACT RELATIVE TO SERVICE IN FIRST-CLASS HOTELS. 

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

1. First-Class Hotels. Amend section 20 of chapter 170 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 20. Special License. 
The commission may issue a special license to any first-class 
hotel, licensed under the provisions of section 19, to serve 
beverages or liquor in any room of said hotel designated by 
the commission, provided, said room shall not have an im- 
mediate entrance upon any public way. Except that no such 
license shall be issued to any hotel in towns not accepting the 
provisions of this chapter unless such hotel is classified as a 
resort hotel by the commission, and sale of liquor in such 
hotels shall be restricted to bona fide guests. The commis- 
sion may grant, regulate, suspend, or revoke said special 
license without affecting any other license which may be 
granted to said hotel. The fee for such special license shall be 
one hundred dollars a year. 

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

[Approved May 15, 1945.] 



1945] Chapters 161, 162 209 

CHAPTER 161. 

AN ACT TO REPEAL THE RESTRICTION UPON THE ISSUE OF 
LICENSES TO AGENTS OF HOSPITAL SERVICE CORPORATIONS. 

Be it enacted by the Senate and House of Rep7'esentafives in 
General Court convened: 

1. Hospital Service Corporations; Agents. Paragraph III 
of section 4 of chapter 334 of the Revised Laws, limiting the 
issuance of licenses as hospital service corporation agents to 
residents of the state, is hereby repealed. 

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

[Approved May 16, 1945.] 



CHAPTER 162. 

AN ACT CHANGING THE DISPOSITION OF TOLLS COLLECTED ON 

HAMPTON HARBOR TOLL BRIDGE AND PROVIDING FOR THE 

CONSTRUCTION OF A SEA WALL SITUATED IN THE 

TOWN OF HAMPTON. 

Whereas it is necessary to relieve the tolls from the Hamp- 
ton Harbor toll bridge from the payment of certain obligations 
in order to obtain federal aid for the reconstruction of said 
bridge, and; 

Whereas no construction having been started on the sea 
wall in the town of Hampton as provided for in chapter 86 of 
the Laws of 1941 and no commitments having been made and 
no bonds having been issued under the provisions of said 
chapter, and; 

Whereas the balance of the appropriation made for im- 
provements at Rye Harbor as provided for in chapter 161 of 
the Laws of 1941 has lapsed and no bonds having been issued 
under the provisions of said chapter: 

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

1. Repeal. Chapter 86 of the Laws of 1941 as amended 
by chapter 23 of the Laws of 1943, providing for construction 
of a sea wall, is hereby repealed. 



210 Chapter 162 [1945 

2. Hampton Harbor Toll Bridge. Amend section 8 of 
chapter 207 of the Laws of 1939 as amended by section 4 of 
chapter 87 of the Laws of 1941 by striking out said section 
and inserting in place thereof the following: 8. Tolls. The 
provisions of section 6 of chapter 159 of the Laws of 1933, as 
amended by chapter 50 of the Laws of 1935, relative to tolls 
shall apply to the collection of tolls upon the reconstructed 
Hampton Harbor toll bridge. Said tolls shall be collected un- 
til (a) the bonds issued under the provisions of said chap- 
ter 159 of the Laws of 1933, those issued under the provisions 
of said chapter 50 of the Laws of 1935, and those issued 
under the provisions of this chapter have been paid 
or until sufficient money shall have accumulated to pay said 
bonds and the interest thereon at maturity, and (b) sufficient 
funds shall have accumulated from net toll receipts to re- 
imburse the state with respect to principal and interest for 
any funds paid upon warrant of the governor and council by 
reason of insufficient sinking fund balances to meet principal 
and interest payments on said bonds. When the obligations 
hereunder have been paid or sufficient money shall have 
accumulated to pay the same, as determined by the governor 
and council, the tolls upon said reconstructed Hampton Harbor 
toll bridge shall cease and said bridge shall thereafter be 
maintained as a free bridge. 

3. Rye Harbor Improvements. Section 6-a of chapter 218 
of the laws of 1939 as inserted by section 3 of chapter 161 of 
the Laws of 1941 is hereby repealed. 

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

5. Construction. The construction of such sea wall or 
walls or other structures shall be done under the supervision 
and direction of the highway commissioner. 

6. Cost. The cost of the aforesaid construction shall be a 
charge upon the highway funds. 

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

[Approved May 16, 1945.] 



1945] Chapter 163 211 

CHAPTER 163. 

AN ACT RELATIVE TO SALARY OF THE COMMISSIONERS OF 
HILLSBOROUGH COUNTY. 

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

1. Hillsborough County. Amend section 27 of chapter 47 
of the Revised Laws, as amended by chapters 119, 150, 195 
and 202 of the Laws of 1943, and by section 1, chapter 66 of 
the Laws of 1945, by striking out the word "twenty-four" in 
the eighth line and inserting in place thereof the word, 
twenty-seven, 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-seven hundred dollars. 

In Cheshire, one thousand dollars. 

In Sullivan, ten hundred dollars. 

In Grafton, ten hundred dollars. 

In Coos county each commissioner, when employed in the 
business of the county, shall receive five dollars a day, pay- 
able as hereinbefore provided. In Carroll county each com- 
missioner, when employed in the business of the county, shall 
receive eight 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. 

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

[Approved May 16, 1945.] 



212 Chapters 164, 165 [1945 

CHAPTER 164. 

AN ACT RELATIVE TO LEGAL INVESTMENTS FOR SAVINGS BANKS. 

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

1. Legal Investments of Savings Banks. Amend section 3 
of chapter 310 of the Revised Laws by inserting after para- 
graph I, as amended by section 1, chapter 84, Laws of 1945, 
the following new paragraph: I-a. Buildings on land at 
Hampton in the county of Rockingham owned by lessees of 
real estate owned by the town of Hampton and leased by said 
town to Hampton Beach Improvement Company and directly 
to other lessees, together with those owned by sublessee or 
lessees of Hampton Beach Improvement Company shall be 
construed to be real estate for the purposes of paragraph I. 

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

[Approved May 16, 1945.] 



CHAPTER 165. 



AN ACT RELATIVE TO TRANSFER CARDS FOR LEGAL VOTERS 
CHANGING THEIR VOTING 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, as amended by section 1, 
chapter 187 of the Laws of 1943, 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, or whose 
name appears upon the check-list of any ward of any city 
and who shall remove from said ward to another ward in 
the same city, within six months next prior to any election, 



1945] Chapter 166 213 

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 provided in paragraph XL 
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 
approximate 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 inten- 
tion to remove to another town or city or to remove to an- 
other ward in the same 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. 

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

[Approved May 16, 1945.] 



CHAPTER 166. 

AN ACT RELATING TO ASSISTANCE GIVEN TO VOTERS IN 
MARKING BALLOTS. 

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

1. Manner of Conducting Elections. Amend section 59 of 
chapter 34 of the Revised Laws by striking out the words 



214 Chapter 167 [1945 

"shall certify on the outside thereof that it was so marked 
with his or their assistance and" in the fifth and sixth lines, 
and by striking out the words "shall certify on the outside 
thereof that it was so marked with his assistance" in the 
eleventh and twelfth lines, so that said section as amended 
shall read as follows : 59. Assistance in Voting. Any voter 
who declares to the moderator, under oath, that he cannot 
read, or that because of his blindness or other physical dis- 
ability he is unable to mark his ballot, shall, upon his choice 
and request, receive the assistance of one or both of the 
election officers detailed for that purpose by the moderator; 
and such officer or officers shall thereafter give no information 
regarding the same. Provided that any voter unable to mark 
his ballot because of his total blindness may be assisted in 
such marking by any person, who is a qualified voter in the 
same town or ward, whom he may designate. Such person 
so assisting shall be sworn, shall mark -the ballot as directed 
by said voter, and shall thereafter give no information regard- 
ing the same. 

2. Ballots. Amend section 78 of chapter 34 of the Re- 
vised Laws, as amended by chapter 9 of the Laws of 1945, 
by striking out the figure "59," that said section as amended 
shall read as follows : 78. Prohibited Marking. No mark of 
any nature shall be placed on the ballot by election officials 
except as provided in sections 51 and 68. 

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

[Approved May 16, 1945.] 



CHAPTER 167. 



AN ACT RELATIVE TO RETIREMENT ALLOWANCES FOR TEACHERS 
WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES. 

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

1. Teachers' Retirement System. Amend chapter 136 of 
the Revised Laws by inserting after section 13-a, as inserted 
by chapter 126 of the Laws of 1945, the following new section : 
13-b. Teachers in Service. Any person who was a teacher 
and who shall be prevented from becoming a member of the 



1945] Chapter 168 215 

retirement association on or before December 31, 1945, as 
provided in section 13-a, by reason of military service in the 
armed forces of the United States, may become such member 
within six months from the date of his reemployment as a 
teacher in this state provided such reemployment occurs 
within one year from the date of his discharge from such 
service. 

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

[Approved May 16, 1945.] 



CHAPTER 168. 



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. Amend section 3, chapter 242 of the Re- 
vised Laws, as amended by chapter 191 of the Laws of 1943, 
by striking out said section and inserting in place thereof the 
following: 3. Taking; Time. Wild deer, outside game pre- 
serves, may be hunted and taken from one-half hour before 
sunrise to one-half hour after sunset, in the counties of 
Carroll and Grafton from November fifteenth to December 
fifteenth ; in that part of Coos county lying north of the main 
highway known as United States Route No. 2 from the Ver- 
mont 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 November 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. Takes Effect. This act shall take effect upon its 
passage. 

[Approved May 16, 1945.] 



216 Chapter 169 [1945 

CHAPTER 169. 

AN ACT TO ESTABLISH A JUDICIAL COUNCIL. 

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

1. Judicial Council. Amend the Revised Laws by insert- 
ing after chapter 381 the following new chapter : 

Chapter 381-A 
Judicial Council 

1. Judicial Council. There is hereby established a 
judicial council which shall consist of a justice of the supreme 
court, selected by the justices thereof, a justice of the superior 
court, selected by the justices thereof, the attorney general, 
and seven other members appointed by the governor with the 
advice and consent of the council, of whom not less than four 
shall be members of the bar of wide experience. 

2. Appointment and Tenure of Office. The term of each 
member, except the attorney general, shall be for three years 
and until his successor is appointed and qualified. However, 
in the case of first appointments by the governor and council, 
two members shall be appointed for one year, two for two 
years and three for three years. Vacancies shall be filled for 
the remainder of any term in the same manner as the original 
appointment. The attorney general shall be a member 
ex officio. 

3. Duties of Council. It shall be the duty of the judicial 
council : 

(a) To survey and study continuously the administra- 
tion of justice within the state and the organization, pro- 
cedure, practice, rules and methods of administration and 
operation of each and all of the courts of the state. 

(b) To receive and consider and in its discretion in- 
vestigate criticisms and suggestions pertaining to the adminis- 
tration of justice in the state. 

(c) To devise ways of simplifying judicial procedure, 
expediting the transaction of judicial business, and of im- 
proving the administration of justice. 

(d) To recommend to the general court, to the supreme 
and superior court, to any public official, department or agency, 
or to the state bar association, either upon request or upon 
the council's own motion, such changes in the law or in the 



1945] Chapter 169 217 

rules, organization, operation or methods of conducting the 
business of the courts, or with respect to any other matter 
pertaining to the administration of justice, as it may deem 
desirable. 

(e) To collect, compile, analyze and publish statistics 
and other reports pertaining to the judicial system. 

4. Biennial Reports. The council shall report to the 
governor and council as of December 31st, 1946, and every 
two years thereafter on its activities and on the organization 
and business of the courts and shall submit therewith its 
recommendations for improving the administration of justice. 
The biennial reports shall, and any and all other reports, 
studies and recommendations may be, printed and made avail- 
able to the general court, to the supreme and superior court 
and to the public. 

5. Meetings. The regular meetings of the council shall 
be held at Concord on the fourth Monday in April and October 
of each year. Other meetings, regular or special, may be held 
as provided by the rules and regulations of the council. 

6. State and Other OflScials; Cooperation. The judges 
and clerks of the courts of the state, sheriffs, county solicitors 
and all state, county or municipal officers shall render to the 
council such reports as it may request of matters within the 
scope of its duties. 

7. Organization of Council; Expenses. The time and 
place of the first meeting of the council shall be fixed and the 
members shall be notified thereof by the justice of the 
supreme court selected to serve on the council. The council 
shall elect a chairman from among their members and a secre- 
tary. The council may make all necessary rules and regu- 
lations for its procedure and the conduct of its business. The 
members of the council shall receive no compensation for their 
services, but shall be allowed their actual expenses while on 
business of the council, and the council shall be allowed its 
expenses to be paid out of any funds appropriated for that 
purpose. 

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

[Approved May 16, 1945.] 



218 Chapter 170 [1945 

CHAPTER 170. 

AN ACT TO REGULATE THE PRACTICES OF PROFESSIONAL 
ENGINEERING. 

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

1. Professional Engineering; Definitions. As used herein 
the following terms shall be construed as follows: 

I. The term "professional engineer" shall mean a person 
who by reason of his advanced knowledge of mathematics and 
the physical sciences, acquired by professional education and 
practical experience, is technically and legally qualified to 
practice professional engineering as hereinafter defined, and 
who is registered by the board or otherwise authorized by this 
act to engage in the practice of professional engineering. 

II. The term "engineer-in-training" shall mean a candi- 
date for registration as a professional engineer who, prior to 
completion of the requisite years of experience in engineering 
work provided in section 11 hereof, has met the preliminary 
requirements for registration as a professional engineer, and 
has been issued a certificate by the board stating that he is an 
engineer-in-training. 

III. The term "practice of professional engineering" 
shall mean any professional service or creative work requir- 
ing the education, training, and experience provided in sec- 
tion 11 hereof, and the application of advanced knowledge of 
mathematics and physical sciences, involving the constant 
exercise of discretion and judgment, to such services or work 
as consultation, investigation, evaluation, planning, design, re- 
sponsible supervision of construction, and responsible super- 
vision of operation, in connection with any public or private 
utilities, structures, buildings, machines, equipment, processes, 
works, or projects, wherein the public welfare, or the safe- 
guarding of life, health or property is concerned or involved. 

IV. The term "board" shall mean the state board of 
registration for professional engineers provided for herein. 

2. Board; Appointments; Terms. A state board of regis- 
tration for professional engineers is hereby created whose 
duty it shall be to administer the provisions of this act. The 
board shall consist of five professional engineers, who shall be 
appointed by the governor, with the advice and consent of 
the council. The members of the first board shall be appointed 



1945] Chapter 170 219 

within ninety days after the passage of this act, to serve for 
the following- terms: one member for one year, one member 
for two years, one member for three years, one member for 
four years, and one member for five years, from the date of 
their appointment, or until their successors are duly appointed 
and quahfied. Each member of the board first appointed 
hereunder shall receive a certificate of registration under this 
act from said board. On the expiration of the term of any 
member, the governor shall in the manner hereinbefore pro- 
vided appoint for a term of five years a registered professional 
engineer. Each member shall hold office until the expiration 
of the term for which such member is appointed or until a 
successor shall have been duly appointed and shall have 
qualified. 

3. Qualifications. Each member of the board shall be a 
citizen of the United States and a resident of this state, and 
shall have been engaged in the practice of the profession of 
engineering for at least twelve years, and shall have been in 
responsible charge of important engineering work for at least 
five years. Responsible charge of engineering teaching may 
be construed as responsible charge of important engineering 
work. 

4. Compensation and Expenses. Members of the board 
shall serve without compensation but shall be reimbursed 
for all actual traveling, incidental, and clerical expenses neces- 
sarily incurred in carrying out the provisions of this act, 

5. Removal of Members; Vacancies. The governor and 
council may remove any member of the board for misconduct, 
incompetency, neglect of duty, or for any other sufficient 
cause. Vacancies in the membership of the board shall be 
filled for the unexpired term by appointment by the governor 
and council as provided in section 2. 

6. Organization and Meetings. The board shall hold a 
meeting within thirty days after its members are first 
appointed, and thereafter shall hold at least four regular meet- 
ings each year. Special meetings shall be held at such time 
as the rules of the board may provide. Notice of all meetings 
shall be given in such manner as the rules may provide. The 
board shall elect or appoint annually the following officers: 
A chairman, a vice-chairman, and a secretary. A quorum of 
the board shall consist of not less than three members. 



220 Chapter 170 [1945 

7. Powers and Duties. The board shall have the power to 
adopt and amend all rules of procedure, not inconsistent with 
the constitution and laws of this state, which reasonably may 
be necessary for the proper performance of its duties and the 
regulations of the proceedings before it. The board shall 
adopt and have an official seal. The board may subpoena 
witnesses and compel their attendance, and also may require 
the production of books, papers and documents in a case in- 
volving the revocation of registration. Any member of the 
board may administer oaths or affirmations to witnesses 
appearing before the board. Any person failing or refusing 
to obey the subpoena or order of the board may be proceeded 
against in the same manner as for refusal to obey any other 
subpoena. 

8. Receipts and Disbursements. The secretary of the 
board shall receive and account for all moneys derived under 
the provisions of this act, and shall pay the same to the state 
treasurer, who shall keep such moneys in a separate fund to 
be known as the "Professional Engineers' Fund." Such fund 
shall be kept separate and apart from all other moneys in the 
treasury, and shall be paid out only for purposes hereof. All 
moneys in the fund are hereby specifically appropriated for 
the use of the board. The secretary of the board shall give a 
surety bond to the state in such sum as the attorney general 
may determine. The secretary of the board shall receive such 
salary as the board shall determine in addition to the expenses 
provided for in section 4. The board may employ such clerical 
or other assistants as are necessary for the proper perform- 
ance of its work, and may make expenditures of this fund for 
any purpose which reasonably in the opinion of the board is 
necessary for the proper performance of its duties under this 
act, including the expenses of the board's delegates to annual 
conventions of, and membership dues to, the National Council 
of State Boards of Engineering Examiners. Under no circum- 
stances shall the total amount of payments made hereunder 
exceed the amount of the fees collected hereunder. 

9. Records and Reports. The board shall keep a record of 
its proceedings and a register of all applications for regis- 
stration, which register shall show (a) the name, age, and 
residence of each applicant; (b) the date of the application; 
(c) the place of business of such applicant; (d) his edu- 
cational and other qualifications; (e) whether or not an exami- 



1945] Chapter 170 221 

nation was required; (f) whether the appHcant was rejected; 
(g) whether a certificate of registration was granted; (h) the 
date of the action of the board; and (i) such other infor- 
mation as may be deemed necessary by the board. The records 
of the board shall be 'prima facie evidence of the proceedings 
of the board set forth therein, and a transcript thereof duly 
certified under seal by the secretary of the board, shall be 
admissible in evidence with the same force and effect as if the 
original were produced. Biennially, as of December thirty- 
first, the board shall submit to the governor, not later than 
the following January thirty-first, a report of its transactions 
of the preceding biennium, and also shall transmit to him a 
complete statement of the receipts and expenditures of the 
board. 

10. Roster. A roster, as of December thirty-first, showing 
the names and places of business of all registered professional 
engineers shall be published each January by the secretary of 
the board. Copies of this roster shall be mailed to each person 
so registered, placed on file with the secretary of state, and 
furnished to the public upon request. 

11. General Requirements for Registration. The follow- 
ing shall be considered as minimum evidence satisfactory to 
the board that the appHcant is qualified for registration as a 
professional engineer: 

(a) Graduation in an approved engineering curriculum 
of four years or more from a school or college approved by the 
board as of satisfactory standing; and a specific record of an 
additional four years or more of experience in engineering 
work of a character satisfactory to the board, and indicating 
that the applicant is competent to practice professional en- 
gineering (in counting years of experience, the board at its 
discretion may give credit, not in excess of one year, for satis- 
factory graduate study in engineering), provided that in a 
case where the evidence presented in the application does not 
appear to the board conclusive nor warranting the issuing of 
a certificate of registration, the applicant may be required to 
present further evidence for the consideration of the board, 
and also may be required to pass an oral or written ex- 
amination, or both, as the board may determine; or 

(b) Successfully passing a written, or written and oral, 
examination designed to show knowledge and skill approxi- 
mating that attained through graduation in an approved four- 



222 - Chapter 170 [1945 

year engineering curriculum; and a specific record of eight 
years or more of experience in engineering work of a char- 
acter satisfactory to the board and indicating that the appli- 
cant is competent to practice professional engineering; or 

(c) A specific record of twelve years or more of lawful 
practice in professional engineering work of a character satis- 
factory to the board and indicating that the applicant is 
qualified to design or to supervise construction of engineering 
works and provided applicant is not less than thirty-five years 
of age. 

12. Character. No person shall be eligible for registration 
as a professional engineer, who is not of good character and 
reputation. 

13. Teaching Credits. In considering the qualifications of 
applicants, engineering teaching may be construed as en- 
gineering experience. 

14. Education Credits. The satisfactory completion of 
each year of an approved curriculum in engineering in a school 
or college approved by the board as of satisfactory standing, 
without graduation, shall be considered as equivalent to a year 
of experience in (b) of section 11, Graduation in a cur- 
riculum other than engineering from a college or university 
of recognized standing may be considered as equivalent to 
two years of experience in said (b) ; provided, however, that 
no applicant shall receive credit for more than four years of 
experience because of undergraduate educational qualifications. 

15. Work as Contractor. The mere execution, as a con- 
tractor, of work designed by a professional engineer, or the 
supervision of the construction of such work as a foreman or 
superintendent shall not be deemed to be practice in pro- 
fessional engineering. 

16. Non-Practicing Applicants. Any person having the 
necessary qualifications prescribed in this act to entitle him 
to registration shall be eligible for such registration although 
he may not be practicing his profession at the time of making 
his application. 

17. Applications and Registration Fees. Applications for 
registration shall be on forms prescribed and furnished by the 
board, shall contain statements made under oath, showing the 
applicant's education and detail summary of his technical 
work, and shall contain not less than five references, of whom 
three or more shall be engineers having personal knowledge 



1945] Chapter 170 223 

of his engineering experience. The registration fee for pro- 
fessional engineers shall be twenty-five dollars, fifteen dollars 
of which shall accompany application, the remaining ten 
dollars to be paid upon issuance of certificate. Application to 
take the examination in fundamental engineering subjects 
prior to completion of the requisite years of experience in en- 
gineering work shall be accompanied by a fee of seven dollars 
and fifty cents. This amount shall be credited against the 
total fee required for registration as a professional engineer. 
When a certificate of qualification issued by the National 
Bureau of Engineering Registration is accepted as evidence of 
qualification, the total fee for registration as professional en- 
gineer shall be ten dollars. 

18. Examinations. When oral or written examinations 
are required, they shall be held at such time and place as the 
board shall determine. If examinations are required on funda- 
mental engineering subjects (such as are ordinarily given in 
college curricula) the applicant shall be permitted to take this 
part of the professional examination prior to his completion 
of the requisite years of experience in engineering work, and 
satisfactory passage of this portion of the professional ex- 
amination by the applicant shall constitute a credit for a 
period of ten years. The board shall issue to each applicant 
upon successfully passing the examination in fundamental en- 
gineering subjects a certificate stating that he has passed the 
examination and that his name has been recorded as an en- 
gineer-in-training. The scope of the examinations and the 
methods of procedure shall be prescribed by the board with 
special reference to the applicant's ability to design and super- 
vise engineering works so as to insure the safety of life, 
health, and property. A candidate failing an examination may 
apply for re-examination at the expiration of six months and 
will be re-examined without payment of additional fee. Sub- 
sequent examination will be granted upon payment of a fee to 
be determined by the board. 

19. Certificates; Seals. The board shall issue a certificate 
of registration upon payment of registration fee as provided 
for in this act, to any applicant who, in the opinion of the 
board, has satisfactorily met all the requirements of this act. 
In case of a registered engineer, the certificate shall authorize 
the practice of "professional engineering." Certificates of 
registration shall show the full name of the registrant, shall 



224 Chapter 170 [1945 

have a serial number, and shall be signed by the chairman and 
the secretary of the board under seal of the board. The issu- 
ance of a certificate of registration by the board shall be 
prima facie evidence that the person named therein is entitled 
to all the rights and privileges of a registered professional 
engineer, while the said certificate remains unrevoked or un- 
expired. Each registrant hereunder shall upon registration 
obtain a seal of the design authorized by the board, bearing 
the registrant's name and the legend, "Registered Professional 
Engineer." Plans, specifications, plats, and reports prepared 
by a registrant during the life of the registrant's certificate, 
shall be stamped with the said seal when filed with public 
authorities, but it shall be unlawful for any one to stamp or 
seal any documents with said seal after the certificate of the 
registrant named thereon has expired or has been revoked, 
unless said certificate shall have been renewed or reissued. 

20. Expirations and Renewals. Certificates of registration 
shall expire each year on June thirtieth and shall become in- 
valid on that date unless renewed. It shall be the duty of the 
secretary of the board to notify every person registered under 
this act, of the date of the expiration of his certificate and the 
amount of the fee that shall be required for its renewal for 
one year; such notice shall be mailed at least one month in 
advance of the date of the expiration of said certificate. Re- 
newal may be effected at any time during the month of July 
by the payment of a fee of one dollar. The failure on the 
part of any registrant to renew his certificate annually in the 
month of July as required above shall not deprive such person 
of the right of renewal, but the fee to be paid for the renewal 
of a certificate after the month of July shall be increased ten 
per cent for each month or fraction of a month that payment 
renewal is delayed; provided, however, that the maximum fee 
for delayed renewal shall not exceed twice the normal re- 
newal fee. 

21. Practitioners at Time Act Became Effective. At any 
time within four years after this act becomes effective, upon 
due application therefor and the payment of the registration 
fee of fifteen dollars for professional engineers, the board shall 
issue a certificate of registration, without oral or written ex- 
amination, to any professional engineer, who under oath shall 
submit evidence satisfactory to the board that he is of good 
character, has been a resident of the state of New Hampshire 



1945] Chapter 170 225 

for at least one year immediately preceding the date of his 
application, and was practicing professional engineering if an 
engineer, at the time this act became effective. After this 
act shall have been in effect four years the board shall issue 
certificates of registration only as provided for in section 11 
or section 23 hereof. 

22. Practitioners in the Armed Forces. At any time with- 
in two years after discharge from the armed forces any honor- 
ably discharged veteran qualifying under section 21, shall be 
issued a certificate of registration, provided that said veteran 
was domiciled in this state at the time of his induction into 
said armed forces. 

23. Interstate Registration. The board may, upon appli- 
cation therefor, and the payment of a fee of ten dollars, issue 
a certificate of registration as a professional engineer to any 
person who holds a certificate of qualification or registration 
issued to him by proper authority of the National Council of 
State Boards of Engineering Examiners, or of the National 
Bureau of Engineering Registration, or of any state or ter- 
ritory or possession of the United States, or of any country, 
provided that the applicant's qualifications meet the require- 
ments of this act and the rules established by the board. 

24. Revocations. The board shall have the power to re- 
voke the certificate of registration of any registrant who is 
found guilty of: (a) the practice of any fraud or deceit in 
obtaining a certificate of registration; (b) any gross neg- 
ligence, incompetency, or misconduct in the practice of pro- 
fessional engineering as a registered professional engineer. 
Any person may prefer charges of fraud, deceit, gross negli- 
gence, incompetency, or misconduct against any registrant. 
Such charges shall be in writing, shall be sworn to by the per- 
son making them and shall be filed with the secretary of the 
board. All charges, unless dismissed by the board as un- 
founded or trivial, shall be heard by the board within three 
months after the date on which they shall have been pre- 
ferred. The time and place for said hearing shall be fixed by 
the board, and a copy of the charges, together with a notice 
of the time and place of hearing, shall be served personally on 
or mailed to the last known address of such registrant, at 
least thirty days before the date fixed for the hearing. At 
any hearing, the accused registrant shall have the right to 
appear personally and by counsel, to cross-examine witnesses 



226 Chapter 170 [1945 

appearing- against him, and to produce evidence and witnesses 
in his own defense. If, after such hearing, three or more 
members of the board vote in favor of finding the accused 
guilty, the board shall revoke the certificate of registration of 
such registered professional engineer. 

25. Reissuance of Certificates. The board, for reasons it 
may deem suflScient, may reissue a certificate of registration 
to any person whose certificate has been revoked, providing 
three or more members of the board vote in favor of such re- 
issuance. A new certificate of registration, to replace any 
certificate revoked, lost, destroyed, or mutilated, may be 
issued, subject to the rules of the board, and a charge of three 
dollars shall be made for such issuance. 

26. Appeals. Any person who shall feel aggrieved by any 
action of the board in denying or revoking his certificate of 
registration may appeal therefrom to the superior court and, 
after full hearing, said court shall make such decree sustain- 
ing or reversing the action of the board as it may deem just 
and proper. 

27. Violations and Penalties. Any person presenting or 
attempting to use as his own the certificate of registration or 
the seal of another, or any person who shall give any false or 
forged evidence of any kind to the board or to any member 
thereof in obtaining a certificate of registration, or any per- 
son who shall falsely impersonate any other registrant of like 
or different name, or any person who shall attempt to use an 
expired or revoked certificate of registration, or any person 
who shall violate any of the provisions of this act, shall be 
fined not less than one hundred nor more than five hundred 
dollars, or imprisoned for not exceeding three months, or 
both. 

28. Invalid Sections. If any section or sections of this act 
shall be declared unconstitutional or invalid, this shall not in- 
validate any other sections of this act. 

29. Takes Effect. This act shall take effect July 1, 1945 
and shall be permissive, only. 

[Approved May 16, 1945.] 



1945] Chapters 171, 172 227 

CHAPTER 171. 

AN ACT RELATIVE TO THE ELECTION OF TOWN OFFICERS. 

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

1. Non-Partisan Ballot System. Amend section 114 of 
chapter 34 of the Revised Laws, as inserted by section 1, 
chapter 22, Laws of 1943, by adding at the end thereof the 
following: provided that a candidate for a town office which 
carries no salary or other compensation shall be entitled to file 
his declaration without the payment of the filing fee as herein 
provided, so that said section as amended shall read as 
follows: 114. Filing; Fee. On or before the closing date 
for filing declaration of candidacy with the town clerk as pro- 
vided in section 112 any candidate for any elective town office 
as defined in the preceding section may file with the town 
clerk a declaration of candidacy in substantially the follow- 
ing 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 re- 
quest that my name be printed on the official non-partisan 

ballot of the town of At the 

time of said filing each candidate shall pay to the town clerk 
a filing fee of one dollar for the use of the town, provided that 
a candidate for a town office which carries no salary or other 
compensation shall be entitled to file his declaration without 
the payment of the filing fee as herein provided. 

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

[Approved May 16, 1945.] 



CHAPTER 172. 



AN ACT RELATIVE TO MEETINGS OP COUNTY EXECUTIVE 
COMMITTEES. 

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

1. County Conventions. Amend section 5 of chapter 44 of 
the Revised Laws by striking out said section and inserting 



228 Chapter 173 [1945 

in place thereof the following: 5. Members. The county 
convention shall consist of the representatives of the towns 
of the county. They shall meet on the second Wednesday of 
each biennial session of the general court, or some other day 
in the same week, choose a chairman, clerk and an executive 
committee. The chairman and the clerk of the delegation 
shall be members of the executive committee ex officio. 

2. Meetings. Further amend said chapter 44 by insert- 
ing after section 20 the following new section: 20-a. 
Executive Committees. The chairman of the convention may 
call a special meeting of the executive committee of such con- 
vention to be held at any time either at the state house in 
Concord or at any place within the respective county. The 
members of said executive committee shall receive such com- 
pensation and travel expenses as they would be entitled to 
receive under the provisions of section 18 of this chapter, to 
be paid from the county treasury, provided that no such com- 
pensation and expenses shall be allowed when said meeting is 
held at the state house in Concord. 

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

[Approved May 16, 1945.] 



CHAPTER 173. 



AN ACT FOR CONTINUED IMPROVEMENT OF THE APPROACHES TO 

THE GENERAL JOHN SULLIVAN AND ALEXANDER 

SCAMMELL BRIDGES. 

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

1. Appropriation. There is hereby appropriated a sum not 
exceeding seventy-five thousand dollars ($75,000.00) for the 
purpose of continuing the improvement of the park and 
recreational areas adjacent to the General John Sullivan 
Memorial and the Alexander Scammell bridges, authorized by 
chapter 124 of the Laws of 1937. Any net income accruing 
from the operation of said areas shall be used for the pay- 
ment of the principal or interest upon the bonds hereinafter 
authorized. 

2. Bonds Authorized. The state treasurer is hereby au- 
thorized, under direction of the governor and council, to 



1945] Chapter 173 229 

borrow upon the credit of the state not exceeding seventy- 
five thousand dollars ($75,000) for the purpose of carrying 
into effect the provisions of this act and for that purpose may 
issue bonds and notes in the name and on behalf of the state 
of New Hampshire at a rate of interest to be determined by 
the governor and council. The maturity dates of such bonds 
shall be determined by the governor and council, but in no 
case shall they be later than twenty years from the date of 
issue and all bonds shall be callable at any time after twelve 
years. Such bonds and notes shall be in such form and such 
denomination as the governor and council shall determine, 
may be registerable as to both principal and interest, shall be 
countersigned by the governor and shall be deemed a pledge 
of the faith and credit of the state. 

3. Accounts; Sale; Proceeds of Sale. The secretary of 
state shall keep an account of all such bonds and notes 
countersigned by the governor, showing the number and 
amount of each bond and note, the time of countersigning, the 
date of delivery to the treasurer and the date of maturity. 
The state treasurer shall keep an account of each bond and 
note, showing the number thereof, the name of the person to 
whom sold, the amount received for the same, the date of the 
sale and the date of maturity. The treasurer may negotiate 
and sell such bonds and notes by direction of the governor 
and council in such manner as they may determine most ad- 
vantageous to the state. The proceeds of the sale of such 
bonds and notes shall be held by the treasurer and paid out 
by him upon warrants drawn by the governor for the pur- 
poses of this act alone and the governor, with the advice and 
consent of the council, shall draw his warrants for the pay- 
ment from the funds provided for by this act of all sums ex- 
pended or due for the purposes herein authorized. 

4. Short-Term Notes. Prior to the issuance of bonds 
hereunder the treasurer, under the direction of the governor 
and council, may for the purposes hereof borrow money from 
time to time on short-term loans to be refunded by the issu- 
ance of the bonds hereunder. 

5. Soldiers' Memorial Parks. The areas herein designated 
for improvement shall hereafter be known as Soldiers' 
Memorial Parks and dedicated to the men and women who 
served in World War II. 



230 Chapter 174 [1945 

6. Change in Administration. Amend section 3 of chap- 
ter 124 of the Laws of 1937 by striking out said section and 
inserting in place thereof the following: 3. Administration. 
The Soldiers' Memorial Parks shall be administered by the 
governor and council who are hereby authorized and em- 
powered to operate and maintain said parks and to make such 
reasonable charges for their use as in their discretion may be 
necessary. 

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

[Approved May 17, 1945.] 



CHAPTER 174. 



AN ACT RELATING TO THE RETIREMENT OF JUSTICES FOR 
PERMANENT DISABILITY. 

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

1. Superior Court; Retired Justices. Amend section 1 of 
chapter 370 of the Revised Laws by inserting at the end there- 
of the words, and such justices as may be retired from 
regular active service because of permanent disability, so that 
as amended said section shall read: 1. Justices. The 
superior court shall consist of a chief justice and five asso- 
ciate justices, appointed and commissioned as prescribed by 
the constitution and such justices as may be retired from 
regular active service because of permanent disability. 

2. Retirement Provisions. Amend chapter 370 of the Re- 
vised Laws by inserting after section 1 the following new 
section: 1-a. Permanent Disability; Appointment of Suc- 
cessor. Any justice of the superior court who shall become 
unable to perform his duties because of permanent disability 
shall be retired from regular active service on the bench for 
the remainder of his term. A justice who desires to retire 
because of inability to perform his duties shall certify to the 
governor and council his disability to perform his duties and 
shall furnish a like certificate of the chief justice, and the gov- 
ernor and council, if they find him unable to perform his 
duties because of permanent disability, shall order his retire- 
ment from regular active service. If a justice who is perma- 



1945] Chapter 174 231 

nently disabled to perform his duties shall be unable or un- 
willing to certify his disability, the chief justice and two asso- 
ciate justices shall certify in writing his disability to the gov- 
ernor and council, who shall, if they find him after due notice 
and hearing, unable to perform his duties because of perma- 
nent disability, order his retirement from regular active 
service. If the chief justice shall be unable to perform his 
duties the requisite certificate may be furnished by the senior 
associate and two other associate justices. Any justice re- 
tired from regular active service because of permanent dis- 
ability shall receive during the remainder of his term a salary 
equal to one-half the salary payable to him on his retirement, 
except in case of his election to take other retirement benefits 
as hereinafter provided, and he shall perform such duties as 
may be assigned to him by the chief justice. The governor 
and council upon retirement of any justice as provided herein 
shall appoint his successor. Any justice retired from active 
regular service under the provisions hereof who is also a mem- 
ber of the state employees' retirement system shall be en- 
titled to retire with disability benefits under said system, upon 
notification to said retirement board. If, however, said 
justice elects to take payments under the provisions of this 
section he shall thereby forfeit all rights to any benefits pro- 
vided under said employees' retirement system. 

3. Supreme Court. Amend section 1 of chapter 369 of the 
Revised Laws by adding at the end thereof the words, and 
such justices as may be retired from regular active service 
because of permanent disability, so that said section as 
amended shall read as follows: 1. Justices. The supreme 
court shall consist of a chief justice and four associate 
justices, appointed and commissioned as prescribed by the con- 
stitution, and such justices as may be retired from regular 
active service because of permanent disability. 

4. Retirement Provisions. Amend chapter 369 of the Re- 
vised Laws by inserting after section 1 the following new 
section: 1-a. Permanent Disability; Appointment of Suc- 
cessor. Any justice of the supreme court who shall become 
unable to perform his duties because of permanent disability 
shall be retired from regular active service on the bench for 
the remainder of his term. A justice who desires to retire 
because of inability to perform his duties shall certify to the 
governor and council his disability to perform his duties and 



232 Chapter 175 [1945 

shall furnish a hke certificate of the chief justice, and the 
g-overnor and council, if they find him unable to perform his 
duties because of permanent disability, shall order his retire- 
ment from regular active service. If a justice who is perma- 
nently disabled to perform his duties shall be unable or un- 
willing to certify his disability, the chief justice and two asso- 
cite justices shall certify in writing his disability to the gov- 
ernor and council, who shall, if they find him after due notice 
and hearing, unable to perform his duties because of perma- 
nent disability, order his retirement from regular active 
service. If the chief justice shall be unable to perform his 
duties the requisite certificate may be furnished by the senior 
associate and two other associate justices. Any justice re- 
tired from regular active service because of permanent dis- 
ability shall receive during the remainder of his term a salary 
equal to one-half the salary payable to him on his retirement, 
except in case of his election to take other retirement benefits 
as hereinafter provided, and he shall perform such duties as 
may be assigned to him by the chief justice. The governor 
and council upon retirement of any justice as provided herein 
shall appoint his successor. Any justice retired from active 
regular service under the provisions hereof who is also a 
member of the state employees' retirement system shall be 
entitled to retire with disability benefits under said system, 
upon notification to said retirement board. If, however, said 
justice elects to take payments under the provisions of this 
section he shall thereby forfeit all rights to any benefits pro- 
vided under said employees' retirement system. 

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

[Approved May 17, 1945.] 



CHAPTER 175. 



AN ACT REGARDING LENDING POWERS OF COMMERCIAL 
DEPARTMENTS OF TRUST COMPANIES. 

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

1. Trust Companies. Amend section 37 of chapter 313 of 
the Revised Laws, as amended by chapter 111 of the Laws of 



1945] Chapter 175 233 

1943, by inserting at the end of the first sentence the follow- 
ing: The foregoing limitations are also subject to the ex- 
ceptions contained in section 37-a of this chapter, so that said 
section as amended [shall read] as follows : 37. Limitations. 
The total 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 purchase or 
hold, by way of investment, the stocks and bonds of any corpo- 
ration to an amount in excess of said ten per cent ; but the dis- 
count of bills of exchange drawn in good faith against actually 
existing values, and the discount of commercial or business 
paper actually owned by the person negotiating it, shall not 
be considered as money borrowed; provided, that this limita- 
tion shall not apply to securities described 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 prin- 
cipal and interest by guaranties, or by commitments or agree- 
ments to take over or purchase the same, made by or on be- 
half of any federal reserve bank, or the United States, or any 
department, bureau, board, commission or establishment of 
the United States including any corporation wholly owned 
directly or indirectly by the United States, for the per- 
formance of which guaranties, commitments or agreements 
the faith of the United States is pledged. The foregoing 
limitations are also subject to the exceptions contained in sec- 
tion 37-a of this chapter. Surplus shall be construed as in- 
cluding only earnings that have actually been transferred to 
surplus; earnings remaining in undivided profits shall not be 
considered a part of surplus. 

2. Investments. Amend chapter 313 of the Revised Laws 
by inserting the following new section after section 37 : 37-a. 
Limitations Qualified. The limitation of ten per cent of the 
capital stock and surplus provided in section 37 shall be in- 
creased by fifteen per cent of capital and surplus with respect 
to certain liabilities hereinafter described when the market 
value of staples securing the liability is not less than one hun- 



234 Chapter 176 [1945 

dred fifteen per cent of the face amount of the liability, and 
by an additional five per cent of capital and surplus for each 
five per cent of the excess of the market value of such staples 
above said one hundred fifteen per cent. In determining the 
ratio of the market value of the security to the liabilities of any 
borrower for the purposes of this section there shall be ex- 
cepted from such liabilities any liability or obligation of the 
borrower otherwise legal for investment. In no event shall 
the increase in limitation authorized by this section be more 
than forty per cent in addition to the ten per cent prescribed 
by section 37. The said liabilities shall be those of any per- 
son, firm, or corporation in the form of notes or drafts secured 
by shipping documents, warehouse receipts, or other such 
documents, transferring or securing title covering readily 
marketable staples, and, if it is customary to insure such 
staples, fully covered by insurance. This section shall not 
apply to liabilities of any one person, firm, or corporation aris- 
ing from the same transactions and secured upon the identical 
staples for more than ten months. 

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

[Approved May 17, 1945.] 



CHAPTER 176. 

AN ACT RELATING TO MAYORS OF CITIES. 

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

1. Mayors of Cities; Voting Powers. Amend section 9 of 
chapter 63 of the Revised Laws by inserting after the word 
"matters" in the fourth line the words, but shall have no vote 
except in case of an equal division, so that said section as 
amended shall read as follows: 9. Presiding; Veto. He 
shall preside in the board of aldermen and in convention of 
city councils, and shall be ex-officio chairman of the board of 
overseers of the poor. He shall have a negative upon the 
action of the aldermen in laying out highways, and in all other 
matters; but shall have no vote except in case of an equal 
division; and no vote can be passed or appointment made by 
the board of aldermen over his veto unless by a vote of two- 
thirds, at least, of all the aldermen elected. 



1945] Chapter 177 235 

2. Takes Effect. This act shall take effect upon its 
passage. 
♦ [Approved May 17, 1945.] 



CHAPTER 177. 



AN ACT RELATIVE TO LICENSES TO OPERATE MOTOR VEHICLES 
WITH CERTAIN RESTRICTIONS. 

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

1. Motor Vehicle Licenses. Amend section 2 of chapter 117 
of the Revised Laws by adding at the end thereof the words, 
except as provided in section 2-a, so that said section as 
amended shall read as follows: 2. Examination. Before 
a license is granted to any person, the applicant, if he has not 
been theretofore licensed to operate a motor vehicle in this 
state, shall pass such examination as to his qualifications as 
the commissioner shall prescribe. No license shall be issued 
until the commissioner is satisfied that the applicant is a proper 
person to receive it. No physical defect of an applicant shall 
debar him from receiving a license unless it can be shown by 
common experience that such defect incapacitates him from 
safely operating a motor vehicle, except as provided in 
section 2-a. 

2. Powers of Commissioner. Amend chapter 117 of the 
Revised Laws by adding after section 2, as hereinbefore 
amended, the following new section: 2-a. Restricted Licenses. 
If the commissioner finds that a person has such physical de- 
fect as would incapacitate him from safely operating any 
motor vehicle, but may safely operate a vehicle with special 
equipment, he may issue a license to said person under such 
restrictions as he may deem necessary. The commissioner 
may also restrict a person from operating a motor vehicle 
without the use of eye glasses. 

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

[Approved May 17, 1945.] 



236 Chapters 178, 179 [1945 

CHAPTER 178. 

AN ACT RELATIVE TO THE RIGHTS OF WAR VETERANS. 

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

1. War Veterans. Amend section 1 of chapter 60 of the 
Laws of 1945 by striking out said section and inserting in 
place thereof the following: 1. Rights of Minors. Any war 
veteran eligible for the benefits of Title III of the Servicemen's 
Readjustment Act of 1944 and amendments thereto known as 
the G. I. Bill of Rights, who is under twenty-one years of age 
and not under guardian or conservator, for the purposes of 
obtaining the benefits of said title, may mortgage real estate 
owned by him, may buy real estate and execute a mortgage to 
cover the purchase money, or execute a deed for the sale of 
real estate so purchased, or execute notes or make such other 
agreements and do such other things as may be necessary to 
obtain the benefits of Title III of the Servicemen's Readjust- 
ment Act and amendments thereto, in the same manner and 
with the same effect as though twenty-one years of age. The 
minor husband or wife of any such war veteran may join in 
any such deed or mortgage for the purpose of releasing rights 
of dower, curtesy and homestead in the same manner and 
with the same eflfect as though twenty-one years of age. 

2. Takes Effect. This act shall take effect upon its 
passage and shall terminate ten years thereafter unless pre- 
viously terminated by legislative act, 

[Approved May 17, 1945.] 



CHAPTER 179. 



AN ACT RELATIVE TO AGE LIMITATION FOR AID TO 
DEPENDENT CHILDREN. 

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

1. Aid to Dependent Children. Amend paragraph (c) of sec- 
tion 12 of chapter 126 of the Revised Laws by inserting after 
the word "sixteen" in the second line the words, or between the 
ages of sixteen and eighteen and enrolled in school, so that said 
paragraph as amended shall read as follows: (c) For the 



» 



1945] Chapter 180 237 

purposes hereof a person shall be eligible for aid to dependent 
children who is a needy child under the age of sixteen, or be- 
tween the ages of sixteen and eighteen and enrolled in school, 
who has been deprived of parental support or care by reason 
of death, continued absence from the home, or physical or 
mental incapacity of parent, and who is living with his father, 
mother, grandfather, grandmother, brother, sister, stepfather, 
stepmother, stepbrother, stepsister, uncle or aunt, in a place of 
residence maintained by one or more of such relatives as his 
or their home. 

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

[Approved May 17, 1945.] 



CHAPTER 180. 

AN ACT RELATIVE TO REINSTATEMENT OF CERTAIN PERSONS 

FORMERLY IN THE EMPLOY OF THE STATE EMPLOYMENT 

SERVICE DIVISION OR THE UNEMPLOYMENT COMPENSATION 

DIVISION OF THE BUREAU OF LABOR. 

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

1. Reinstatement. Any person who was an employee of 
the state as of December 31, 1941, as a member of the state 
employment service, or the unemployment compensation 
division of the bureau of labor, who was inducted into the 
U. S. Employment Service by reason of executive order 
No. 8990 of the President of the United States, for the pur- 
pose of service during the war, and who shall have served 
continuously in said U. S. Employment Service and the War 
Manpower Commission in New Hampshire since his induction 
under said executive order or have entered the service of the 
armed forces of the United States from said employment 
service, shall be entitled to all the privileges of reinstatement 
as a state employee under the provisions of chapter 218 of the 
Laws of 1941, as amended by chapters 72 and 203 of the Laws 
of 1943, and chapter 122 of the Laws of 1945, provided, that 
the functions of said state employment service division shall 
be returned to state control and said division is again re- 
established. 



238 Chapters 181, 182 [1945 

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

[Approved May 17, 1945.] 



CHAPTER 181. 



AN ACT RELATING TO COUNTY COMMISSIONER DISTRICTS IN 
THE COUNTY OF ROCKINGHAM. 

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

1. Rockingham County. Amend the first paragraph of 
section 14 of chapter 45 of the Revised Laws by striking out 
the words "and Cheshire" in the third line and inserting in 
place thereof the words, Cheshire and Rockingham, so that 
said paragraph as amended shall read as follows: For the 
purpose of the nomination and election of county commission- 
ers in the counties of Hillsborough, Belknap, Sullivan, Coos, 
Cheshire and Rockingham, said counties shall be divided into 
the following districts: 

2. Rockingham Commissioner Districts. Amend section 14 
of chapter 45 of the Revised Laws by adding at the end there- 
of the following: VI. Rockingham: District 1, Portsmouth, 
Newington, Greenland, New Castle, Rye and North Hampton; 
district 2, Nottingham, Northwood, Deerfield, Candia, Ray- 
mond, Auburn, Chester, Fremont, Sandown, Londonderry, 
Derry, Hampstead, Atkinson, Windham, Salem and Danville; 
district 3, Hampton, Newmarket, Newfields, Exeter, Hampton 
Falls, Seabrook, Kensington, East Kingston, South Hampton, 
Newton, Epping, Brentwood, Kingston, Plaistow and Stratham. 

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

[Approved May 17, 1945.] 



CHAPTER 182. 



AN ACT RELATIVE TO THE OPEN SEASON ON CERTAIN 
GAME BIRDS. 

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

1. Game Birds. Amend section 1 of chapter 243 of the 
Revised Laws by striking out said section and inserting in 



1945] Chapter 183 239 

place thereof the following: 1. Grouse; Woodcock; Snipe. 

Ruffed grouse, commonly called partridge, may be taken and 
possessed from October first to December first. No person 
shall take more than four ruffed grouse in one day, nor more 
than twenty-five in one season. Woodcock may be taken and 
possessed from October first to November first. No person 
shall take more than four woodcock in any one day nor have 
more than eight woodcock in possession at any one time. 
Snipe may be taken and possessed during such time, and in 
such manner and numbers as may be prescribed by regulations 
promulgated under the Federal Migratory Bird Treaty Act, so 
called. 

2. Quail. Amend section 8 of said chapter 248 by insert- 
ing after the word "duck" in the first line the words, except 
by federal regulations, quail or bobwhite, so that said section 
as amended shall read as follows: 3. Wood Ducks, etc. 
There shall be no open season for wood duck, except by federal 
regulations, quail or bobwhite, European partridge, spruce 
grouse, chukar partridge, and upland plover. 

3. Woodcock. Amend section 4 of said chapter 248 by 
striking out the word "woodcock" in the third line so that said 
section as amended shall read as follows: 4. Migratory Game 
Birds. Anatidae or waterfowl, including wild ducks and geese ; 
Rallidae or rails, including coot and gallinules; Limicolae or 
shore birds, including plover, snipe and yellow legs; and 
Columbidae or pigeons, including doves, are declared to be 
migratory game birds. 

4. Repeal. Section 12 of said chapter 248, providing an 
open season for taking quail, is hereby repealed. 

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

[Approved May 18, 1945.] 



CHAPTER 183.* 

AN ACT CREATING A RETIREMENT SYSTEM FOR STATE EMPLOYEES. 

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

1. Employees' Retirement System. Amend the Revised 
Laws by inserting after chapter 27 the following new chapter : 



* See chapter 201, poxt. 



240 Chapter 183 [1945 

Chapter 27-A 
Employees' Retirement System 
1. Definitions. The following words and phrases as used 
in this chapter, unless a different meaning is plainly required 
by the context, shall have the following meanings: 

I. "Retirement system" shall mean the employees' re- 
tirement system of the state of New Hampshire, as set forth 
in section 2 hereof. 

II. "Board of Trustees" shall mean the board provided 
for in section 11 hereof. 

III. "Employer" shall mean the state of New Hampshire 
or any department, commission, institution or agency of the 
state government by which an employee is paid through the 
office of the state treasurer. 

IV. "Employee" shall mean any regular classified or un- 
classified officer or employee of an employer, except members 
and attaches of the general court or members of the executive 
council, or any person who is covered or efigible to be covered 
by the benefits of the teachers' retirement system, the fire- 
men's retirement system or the policemen's retirement system. 
In all cases of doubt the board of trustees shall determine 
whether any person is an employee as defined herein. 

V. "Member" shall mean any employee included in the 
membership of the retirement system, as provided in section 
3 hereof. 

VI. "Beneficiary" shall mean any person receiving a re- 
tirement allowance or other benefit as provided hereby. 

VII. "Service" shall mean service as an employee which 
is paid for by an employer. 

VIII. "Membership service" shall mean service rendered 
while a member of the retirement system. 

IX. "Prior service" shall mean service rendered prior to 
the date of establishment of the retirement system for which 
credit is allowable under section 4 hereof. 

X. "Creditable service" shall mean prior service plus 
membership service. 

XI. "Earnable compensation" shall mean the full base 
rate of compensation paid to an employee. In cases where 
compensation includes maintenance, the board of trustees shall 
fix the value of that part of the compensation not paid in 
money. 



1945] ' Chapter 183 241 

XII. "Average final compensation" shall mean the aver- 
age annual earnable compensation of a member during his last 
five years of creditable service, or if he has less than five 
years of creditable service, it shall mean his average annual 
earnable compensation during his total creditable service. 

XIII. "Accumulated contributions" shall mean the sum 
of all the amounts deducted from the compensation of a mem- 
ber, together with regular interest thereon, as provided in 
subsection I of section 13. 

XIV. "Employee annuity" shall mean annual payments 
for life derived from the accumulated contributions of a mem- 
ber. 

XV. "Employee annuity reserve" shall mean the present 
value of all payments to be made on account of an employee 
annuity, computed at regular interest upon the basis of 
mortality tables adopted by the board of trustees. 

XVI. "State annuity" shall mean annual payments for 
life derived from contributions by the state. 

XVII. "State annuity reserve" shall mean the present 
value of all payments to be made on account of a state annuity, 
computed at regular interest upon the basis of mortality 
tables adopted by the board of trustees. 

XVIII. "Retirement allowance" shall mean the sum of 
the employee annuity and the state annuity. 

XIX. "Retirement" shall mean withdrawal from active 
service with a retirement allowance granted under the pro- 
visions hereof. 

XX. "Regular interest" shall mean interest at such rate 
compounded annually as may be set from time to time by the 
board of trustees in accordance with subsection VIII of sec- 
tion 11. 

XXL "Actuarial equivalent" shall mean a benefit of 
equal value when computed at regular interest upon the basis 
of the mortality tables last adopted by the board of trustees. 

2. Name and Date of Establishment. The retirement 
system hereby created shall be established as of July 1, 1945. 
It shall have the powers, privileges and immunities of a corpo- 
ration, and shall be known as the Employees' Retirement 
System of the State of New Hampshire, and by such name all 
of its business shall be transacted, all of its funds invested, 
and all of its cash, securities and other property held in trust 
for the purpose for which received. 



242 Chapter 183 [1945 

3. Membership. I. Any person who becomes an em- 
ployee after the date of establishment shall become a mem- 
ber of the retirement system as a condition of employment; 
except that membership shall be optional in the case of elected 
officials or officials appointed for fixed terms. 

II. Any person who is an employee on the date of estab- 
lishment shall become a member as of that date, unless within 
thirty days thereafter he files with the board of trustees, on a 
form prescribed by the board, a notice of his election not to be 
included in the membership of the system and a waiver of all 
present and prospective benefits which he would otherwise 
have as a member. Any employee who so elects not to be- 
come a member by filing such a waiver, may thereafter apply 
for and be admitted to membership, but without credit for 
service rendered after the date of establishment and prior 
to the time he becomes a member, and without credit for 
service rendered prior to the date of establishment unless he 
becomes a member within the first year following the date of 
establishment. 

III. The board of trustees may, in its discretion, accept 
as members any class of employees whose compensation is 
only partly paid by the state or who are serving on a tempo- 
rary or other than per annum basis, and it may also, in its 
discretion, make optional with employees in any such class 
their individual entrance into membership. 

IV. The board shall require from any department, 
agency or institution of the state such information relative to 
name, title, compensation, date of birth and length of service 
of each of its employees as the board may deem necessary. 

V. A member shall cease to be a member if; (a) he is 
absent from service more than three years in any period of 
five consecutive years after last becoming a member; (b) he 
withdraws his accumulated contributions; (c) he becomes a 
beneficiary. Notwithstanding the foregoing, the board of 
trustees may continue the membership of a member while in 
the armed forces of the United States provided such member 
does not withdraw his accumulated contributions. 

VI. No benefit under the retirement system other than 
a return of contributions as provided in section 9 shall be- 
come payable to or on account of any member unless said 
member was in service as an employee at the time of becoming 
eligible for benefits hereunder. 



1945] Chapter 183 243 

4. Prior Service Credit. I. With respect to service ren- 
dered prior to the date of establishment, each employee in 
service on the date of establishment who becomes a member 
within one year thereafter shall file with the board of trustees 
on a form approved by the board, a detailed statement of all 
service rendered by him prior to the date of establishment for 
which he claims credit. The board shall fix and determine by 
appropriate rules and regulations how much service in any 
year is equivalent to one year of service, but in no case shall 
it allow credit for a period of absence without pay of more 
than one month's duration, nor shall more than one year of 
service be creditable for all service in one calendar year. 
Service rendered for the full normal working time in any year 
shall be equivalent to one year's service. Subject to the fore- 
going restrictions and to such other rules and regulations as 
the board may adopt, the board shall verify, as soon as 
practicable after the filing of such statements the service 
therein claimed. Upon verification of the statements of 
service, the board shall certify to each member the length of 
service with which he is credited on the basis of his state- 
ment of service. Such finding shall be final and conclusive 
for retirement purposes as to such service; provided that any 
member may, within one year from the date of such certifi- 
cation, request the board to modify or correct said finding. 
When membership ceases, any prior service credit shall be- 
come void. Should the employee against become a member he 
shall enter the retirement system as a member not entitled to 
prior service credit except as provided in section 7. 

11. Anything herein to the contrary notwithstanding, 
any employee who terminated his employment prior to the 
date of establishment in order to enter directly into the armed 
forces of the United States, or other emergency wartime 
service approved by the board of trustees, shall be entitled to 
prior service credit for his service rendered prior to the termi- 
nation of his employment, provided he again becomes an em- 
ployee within one year after the termination of such armed 
or such other wartime service without intervening employ- 
ment elsewhere, and elects to become a member of the retire- 
ment system within one year after he again becomes an em- 
ployee., 

5. Service Retirement Benefits. I. On or after January 1, 
1946, any member in service may retire on a service retire- 



244 Chapter 183 [1945 

ment allowance upon written application to the board of 
trustees setting forth at what time, not less than thirty days 
nor more than ninety days subsequent to the filing thereof, 
he desires to be retired, provided the member at the time so 
specified for his retirement has attained age sixty-five and 
notwithstanding that during such period of notification he 
may have separated from service; and provided further that 
any such member in service on the date of establishment may 
apply for a service retirement allowance to commence not 
sooner than January 1, 1946. On or after July 1, 1950, any 
member in service who attains or has attained age seventy, 
except an elected or appointed official of the state, shall be re- 
tired forthwith or on the first day of the next calendar month, 
unless an extension of service is granted by the governor and 
council. 

11. Upon service retirement the m.ember shall receive a 
service retirement allowance which shall consist of: 

(a) An employee annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of re- 
tirement; and 

(b) A state annuity which, together with his employee 
annuity, shall be equal to one-half his average final compen- 
sation; except that if he has less than thirty-five years of 
creditable service, his state annuity, together with his em- 
ployee annuity, shall be equal to such proportion of one-half 
his average final compensation as the number of his years 
of creditable service bears to thirty-five ; and 

(c) If the member has less than thirty-five years of 
creditable service and is retired on or after the attainment of 
age seventy, an additional state annuity in an amount, to be 
set by the governor and council, not in excess of one-seven- 
tieth of his average final compensation for each year of con- 
tinuous service prior to retirement nor in excess of an amount 
which, when added to the retirement allowance as provided 
under paragraphs (a) and (b), shall equal one-half of his 
average final compensation; provided, that such additional 
state annuity shall be payable only upon the authority and at 
the discretion of the governor and council, and its continued 
payment shall be contingent on the payment annually to the 
retirement system by the state of the amount required to meet 
such payment. 



1945] Chapter 183 245 

6. Disability Retirement Benefits. I. Upon the appli- 
cation of a member in service or of his department head, on 
or after January 1, 1946, any member who has ten or more 
years of creditable service may be retired by the board of 
trustees on an ordinary disability retirement allowance, not 
less than thirty nor more than ninety days subsequent to the 
filing of such application; provided that he is found to be 
mentally or physically incapacitated for the further perform- 
ance of duty and that such incapacity is likely to be perma- 
nent; and provided further that any such member in service 
on the date of establishment may apply for an ordinary dis- 
ability retirement allowance to commence not sooner than 
January 1, 1946, and notwithstanding that during such period 
of notification he may have separated from service. The fact 
of such disability or incapacity shall be established from time 
to time as the board may require by certificate of a physician 
designated by the board. 

II. Upon ordinary disability retirement the member 
shall receive a service retirement allowance if he has attained 
age sixty-five; otherwise he shall receive an ordinary dis- 
ability retirement allowance which shall consist of: 

(a) An employee annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of re- 
tirement; and 

(b) A state annuity which, together with his employee 
annuity, shall be equal to 90% of the service retirement allow- 
ance that would be payable on the basis of his average final 
compensation and creditable service at the time of his 
ordinary disability retirement, if such retirement allowance 
exceeds 25% of his average final compensation; otherwise a 
state annuity which, together with his employee annuity, shall 
be equal to 25% of his average final compensation, provided, 
however, that such allowance shall not exceed 90% of the 
service retirement allowance that would payable to him if he 
continued in service to age sixty-five without change in his 
average final compensation. 

III. Upon the application of a member in service or of 
his department head, any member who has been totally and 
permanently incapacitated for duty as the natural and proxi- 
mate result of an accident occurring while in the actual per- 
formance of duty at some definite time and place, without wil- 
ful negligence on his part, may be retired by the board of 



246 Chapter 183 [1945 

trustees on an accidental disability retirement allowance; pro- 
vided that he is found to be mentally or physically incapaci- 
tated for the further performance of duty and that such in- 
capacity is likely to be permanent. The fact of such dis- 
ability or incapacity shall be established from time to time as 
the board may require by certificate of a physician designated 
by the board. 

IV. Upon accidental disability retirement the member 
shall receive an accidental disability retirement allowance 
which shall consist of: 

(a) An employee annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of re- 
tirement; and 

(b) A state annuity which, together with his em- 
ployee annuity, shall be equal to one-half of his average final 
compensation. 

V. Once each year during the first five years following 
the retirement of a member on a disability retirement allow- 
ance, and once in every three year period thereafter, the 
board of trustees may, and upon his application shall, require 
any disability beneficiary who has not attained age sixty-five 
to undergo a medical examination by a physician or physicians 
designated by the board, such examination to be made at the 
place of residence of such beneficiary or other place mutually 
agreed upon. If any disability beneficiary who has not 
attained age sixty-five refuses to submit to such medical ex- 
amination, his state annuity may be discontinued by the board 
of trustees until his withdrawal of such refusal, and if his re- 
fusal continues for more than one year, all his rights in and 
to his state annuity may be revoked by the board. 

VI. If the board of trustees finds that any disability 
beneficiary is engaged in or is able to engage in a gainful 
occupation paying more than the difference between his retire- 
ment allowance and his average final compensation at retire- 
ment, then his state annuity shall be reduced to an amount 
which, together with his employee annuity and the amount 
earnable by him, shall equal his average final compensation at 
retirement. If his earning capacity is later chang-ed, his state 
annuity may be further modified ; provided that the new state 
annuity shall not exceed the amount of the state annuity 
originally granted nor an amount which, when added to the 



1945] Chapter 183 247 

amount earnable by him together with his employee annuity, 
equals his average final compensation at retirement. 

VII. Any amounts which may be paid or payable under 
the provisions of any workmen's compensation or similar law 
or plan to or on account of any member or retired members 
on account of any disability shall, in such manner as the board 
of trustees shall determine, be offset against and payable in 
lieu of any state annuity payable under the provisions hereof 
on account of the same disability. 

7. Restoration to Service. If a disability beneficiary is re- 
stored to service and if his annual earnable compensation then, 
or at any time thereafter, is equal to or greater than his 
average final compensation at retirement, or if any other bene- 
ficiary is restored to service, his retirement allowance shall 
cease, the beneficiary shall again become a member of the re- 
tirement system and he shall contribute thereafter at the 
same rate he paid prior to his retirement. Anything herein 
to the contrary notwithstanding, any credit for membership 
service and any prior service, on the basis of which his credit- 
able service was computed at the time of his former retire- 
ment, shall be restored to full force and effect; but if he is re- 
stored to membership after the attainment of age fifty-five, 
upon subsequent retirement he shall receive a retirement 
allowance based on his service as a member since his last 
restoration to membership, plus a retirement allowance equal 
to the retirement allowance on which he was retired at the 
time of his last retirement, except that the total retirement 
allowance upon subsequent retirement shall not be a greater 
proportion of his average final compensation than the pro- 
portion to which he would have been entitled had he remained 
in service during the period of his prior retirement. 

8. Accidental Death Benefits. I. If, upon the receipt by 
the board of trustees of proper proofs of the death of a mem- 
ber in service indicating that such death was the natural and 
proximate result of an accident occurring while in the per- 
formance of duty at some definite time and place, and the 
board decides that death was the result of an accident in the 
performance of duty and not caused by wilful negligence on 
the part of the member, a state annuity equal to one-half of 
his average final compensation shall be paid to his widow, to 
continue during her widowhood; or if there is no widow, or 
if the widow dies or remarries before the youngest child of 



248 Chapter 183 [1945 

the deceased member has attained age eighteen, then to his 
child or children under said age, divided in such manner as 
the board in its discretion shall determine, to continue as a 
joint and survivorship state annuity for the benefit of such 
child or children under said age until every child dies or 
attains said age; or if there is no widow nor child under age 
eighteen living at the death of the member, then to his de- 
pendent father or dependent mother as the board shall de- 
termine, to continue for life; or if the deceased member is a 
female, the foregoing benefits shall be payable to her children 
or dependent parents only in like manner and amount; and 
provided further that if none of the aforementioned bene- 
ficiaries is living at the death of the member no benefit shall 
be payable under the provisions of this section. 

II. Any amounts which may be paid or payable under 
the provisions of any workmen's compensation or similar law 
or plan on account of the death of any member shall, in such 
manner as the board of trustees shall determine, be offset 
against and payable in lieu of any state annuity payable under 
the provisions hereof on account of the same death. 

9. Return of Members' Contributions. If a member 
ceases to be an employee the amount of his accumulated contri- 
butions shall be paid to him within two months after his 
written request therefor. If a member ceases to be a member 
because of absence from service for more than three years in 
any period of five consecutive years after last becoming a 
member, his accumulated contributions shall be paid to him 
within two months after the board is notified to that effect. 
If a member dies, the amount of his accumulated contribu- 
tions shall be paid to the persons, if any, nominated by him 
by written designation filed with the board, if such persons 
survive him, otherwise to the member's estate. 

10. Optional Allowances. Until the first payment on ac- 
count of a retirement allowance becomes normally due, any 
member may elect to convert the retirement allowance other- 
wise payable on his account after retirement into a retirement 
allowance of equivalent actuarial value under one of the 
optional forms named below; provided, however, that no 
election of an optional benefit shall be effective until sixty 
days after the date of the filing of the election thereof with 
the board of trustees, or until sixty days after retirement, 
whichever is the later, and if the member dies before such 



1945] Chapter 183 249 

election becomes effective, tlie benefits payable on his account 
shall be the same as though his election had not been filed and 
he had not been retired. 

Option 1. A reduced retirement allowance payable dur- 
ing the retired member's life, with the provision that at 
his death a lump sum equal in amount to the difference be- 
tween his accumulated contributions at the time of his retire- 
ment and the sum of the employee annuity payments made 
to him during his lifetime shall be paid to the person, if any, 
nominated by him by written designation duly acknowledged 
and filed with the board of trustees if such person survives 
him, otherwise to the retired member's estate. 

Option 2. A reduced retirement allowance payable dur- 
ing the retired member's life, with the provision that it shall 
continue after his death for the life of the beneficiary 
nominated by him by written designation duly acknowledged 
and filed with the board of trustees at the time of retirement. 

Option 3. A reduced retirement allowance payable dur- 
ing the retired member's life, with the provision that it shall 
continue after his death at one-half the rate paid to him and 
be paid for the life of the beneficiary nominated by him by 
written designation duly acknowledged and filed with the 
board of trustees at the time of retirement. 

11. Administration. I. The administration of this system 
is hereby vested in a board of five trustees to be appointed by 
the governor with the advice and consent of the council. Three 
trustees, to be know as the non-member trustees, shall be quali- 
fied persons with business experience who shall not be members 
of the system. Two trustees, to be known as the member 
trustees, shall be appointed from a panel of five names to be 
selected by the New Hampshire state employees association 
from among its membership. All vacancies shall be filled for 
the unexpired term and in like manner as the original appoint- 
ments. Said trustees shall be appointed for a term of five 
years each and until their successors are appointed and 
qualified, provided, however, that for the first appointments 
the three non-member trustees shall be appointed for terms 
of one, three and five years respectively, and the two member 
trustees shall be appointed for terms of two and four years 
respectively. The governor shall designate the chairman of 
said board of trustees. 



250 Chapter 183 [1945 

II. The board of trustees shall establish such rules and 
regulations as it deems necessary for the proper adminis- 
tration of this chapter. 

III. The member trustees shall receive the sum of four 
dollars per day for each day they are actually employed in' 
the performance of their duties under this chapter, in addi- 
tion to any other compensation they may receive from the 
state; the non-member trustees shall receive the sum of eight 
dollars per day for each day they are actually employed in the 
performance of their duties under this chapter; and all 
trustees shall be reimbursed their necessary expenses in- 
curred in connection with their duties. 

IV. Each trustee shall be entitled to one vote in the 
board of trustees. Three trustees shall constitute a quorum 
for the transaction of any business. Three votes shall be 
necessary for any resolution or action by the board at any 
meeting. 

V. The board of trustees, with the approval of the gov- 
ernor and council, may employ and fix the compensation of a 
secretary and such other assistants as may be necessary. It 
may engage such actuarial, medical, and like services as may 
be required to transact the business of the system. The com- 
pensation for such special services and all other expenses of 
the board necessary hereto, shall be paid at such rates and in 
such amounts as the board shall approve. 

VI. The board of trustees shall keep in convenient form 
such data as may be necessary for actuarial valuation of the 
various funds of the retirement system and for checking the 
experience of the system. 

VII. The board of trustees shall keep a record of all its 
proceedings. It shall annually make a report showing the 
fiscal transactions of the retirement system for the preceding 
fiscal year, the amount of the accumulated cash and securities 
of the system and the last balance sheet showing the financial 
condition of the system by means of an actuarial valuation 
of the assets and liabilities of the system, and shall file the 
same with the secretary of state. 

VIII. Immediately after the establishment of the retire- 
ment system, and from time to time, as may be necessary by 
reason of changed conditions, the board of trustees shall adopt 
mortality and service tables for use in all calculations required 
in connection with the system, and shall certify the rates of 



1945] Chapter 183 251 

contribution payable under the provisions liereof. The board 
shall also determine from time to time the rate of regular in- 
terest for use in all calculations, with the rate of three per 
cent per annum compounded annually applicable from the date 
of establishment until changed by the board. 

IX. On the basis of regular interest and the tables last 
adopted by the board of trustees, the actuary shall make 
annual valuations of the contingent assets and liabihties of 
the funds of the retirement system. 

X. All retirement allowances shall be payable in equal 
monthly installments which shall cease with the last monthly 
payment prior to death. 

12. Management of Funds. I. The members of the board 
of trustees shall be the trustees of the several funds created 
hereby, and shall have full power to invest and reinvest such 
funds, subject to all the terms, conditions, limitations and re- 
strictions imposed by the laws of the State of New Hampshire 
upon domestic life insurance companies in the making and dis- 
posing of their investments; and subject to like terms, con- 
ditions, limitations and restrictions, said trustees shall have 
full power to hold, purchase, sell, assign, transfer and dispose 
of any of the securities and investments in which any of the 
funds created hereby have been invested, as well as the pro- 
ceeds of such investments. The state treasurer shall be the 
custodian of the several funds of the retirement system. 

II. For the purpose of meeting disbursements for state 
annuities, employee annuities and other payments, there may 
be kept available cash, not exceeding ten per cent of the total 
amount in the several funds of the retirement system, on de- 
posit in one or more banks or trust companies in the state, 
organized under the laws of the state or of the United States ; 
provided that the sum on deposit in any one bank or trust 
company shall not exceed twenty-five per cent of the paid-up 
capital and surplus of such bank or trust company. 

III. Except as otherwise provided, no trustee and no 
employee of the board of trustees shall have any personal in- 
terest in the gains or profits of any investment made by the 
board ; nor shall any trustee or employee of the board, directly 
or indirectly, for himself or as an agent, in any manner use 
the same except to make such current and necessary pay- 
ments as are authorized by the board ; nor shall any trustee or 
employee of the board become an endorser or surety, or in any 



252 Chapter 183 [1945 

manner an obligor, for money loaned to or borrowed from the 
board. 

13. Method of Financing. All the assets of the retire- 
ment system shall be credited, according to the purpose for 
which they are held, among four funds, naniely, the employee 
annuity savings fund, the employee annuity reserve fund, the 
state annuity accumulation fund, and the state annuity re- 
serve fund. 

I. Employee Annuity Savings Fund, (a) The em- 
ployee annuity savings fund shall be a fund in which shall be 
accumulated contributions deducted from the compensation of 
members to provide for their employee annuities. Upon the 
basis of such tables as the board of trustees shall adopt and 
regular interest, the actuary shall determine for each member 
the proportion of earnable compensation which, when deducted 
from each payment of his prospective compensation earnable 
prior to his attainment of age sixty-five and accumulated at 
regular interest until his attainment of that age, is computed 
to provide at that time one-half of the retirement allowance 
to which he will be entitled at that age on account of his serv- 
ice as a member. Such proportion of compensation shall be 
computed to remain constant. The proportion so computed 
for a member age sixty-four shall be used for a member who 
has attained a greater age before becoming a member. The 
board of trustees shall certify to each employer, and each em- 
ployer shall cause to be deducted from the compensation of 
each member, on each and every payroll of such employer and 
every payroll period, the proportion of earnable compensation 
so computed. Each employer shall certify to the board on 
each and every payroll, or in such other manner as the board 
may prescribe, the amounts deducted. Each of such amounts 
when deducted shall be paid to the retirement system and 
credited to the individual account, in the employee annuity 
savings fund, of the member from whose compensation the 
deduction was made. 

(b) The deductions provided herein shall be made not- 
withstanding that the minimum compensation provided for by 
law for any member shall be reduced thereby. Every member 
shall be deemed to consent and agree to the deductions here- 
in provided as a condition of his membership. 

(c) In addition to the contributions deducted from the 
compensation of members as hereinbefore provided, and sub- 



1945] Chapter 183 253 

ject to the approval of the board of trustees and to such rules 
and regulations as the board may make with respect to the 
crediting of interest thereon, any member may provide an 
additional retirement allowance by making contributions at 
an additional rate not in excess of the rate computed to be 
sufficient to provide an additional retirement allovv^ance which, 
together with his regular retirement allowance, will result in 
a total retirement allowance not in excess of one-half of his 
average final compensation at age sixty-five. Such additional 
contributions shall become part of his accumulated contri- 
butions except in the case of retirement, when they shall be 
treated as excess contributions returnable to the member in 
cash or as an employee annuity of equivalent actuarial value, 
(d) The accumulated contributions of a member with- 
drawn by him, or paid to his estate or to his designated bene- 
ficiary upon his death, shall be paid from the employee annuity 
savings fund. Upon the retirement of a member his accumu- 
lated contributions shall be transferred from the employee 
annuity savings fund to the employee annuity reserve fund. 

II. Employee Annuity Reserve Fund. The employee 
annuity reserve fund shall be the fund in which shall be held 
the reserves on all employee annuities in force and from 
which shall be paid all employee annuities. If a beneficiary 
is restored to membership his employee annuity reserve shall 
be transferred from the employee annuity reserve fund to the 
employee annuity savings fund and shall be credited to his in- 
dividual account therein. 

III. State Annuity Accumulation Fund, (a) The 
state annuity accumulation fund shall be the fund in which 
shall be accumulated all reserves for the payment of all state 
annuities payable from contributions made by the state, and 
from which shall be paid all state annuities on account of 
members with prior service credit payable from such contri- 
butions. 

(b) The contributions of the state for benefits under 
the retirement system shall consist of a percentage of the 
earnable compensation of members to be known as the 
"normal contribution," and an additional percentage of such 
earnable compensation to be known as the "accrued liability 
contribution." The rates p(^ cent of such contributions shall 
be fixed on the basis of the liabilities of the system as shown 
by actuarial valuation. Until the first valuation the per- 



254 Chapter 183 [1945 

centage normal contribution rate shall be 2.74 per cent and 
the percentage accrued Hability contribution rate shall be 3.41 
per cent. 

(c) Immediately after making each valuation during 
the period over which the accrued liability contribution is 
payable, the board shall determine the percentage normal con- 
tribution rate as the uniform and constant percentage of the 
earnable compensation of the average new entrant member 
which, if contributed on the basis of his compensation 
throughout his entire period of active service, would be suffi- 
cient to provide for the payment of any state annuity pay- 
able on his account from contributions by the state. After 
the accrued liability contribution has ceased to be payable, the 
percentage normal contribution rate shall be determined after 
each actuarial valuation as the rate per cent of the earnable 
compensation of all members obtained by deducting from the 
total liabilities of the state annuity accumulation fund the 
amount of the funds in hand to the credit of that fund and 
dividing the remainder by one per cent of the present value 
of the future compensation of all members. 

(d) Immediately following the first actuarial valuation 
after the date of establishment, the actuary shall compute the 
rate per cent of the total annual earnable compensation of all 
members which is equivalent to four per cent of the total 
liabilities of the state annuity accumulation fund which is not 
dischargeable by the funds in hand to the credit of the state 
annuity accumulation fund and the aforesaid normal contri- 
bution made on account of such members during the re- 
mainder of their active service. The rate per cent originally 
so determined shall be known as the "accrued liability con- 
tribution" rate. The accrued liability contribution shall be 
discontinued as soon as the accumulated reserves in the state 
annuity accumulation fund equal the present value, as actu- 
arily computed and approved by the board of trustees, of the 
total liabilities of the fund less the present value, computed on 
the basis of the normal contribution rate then in force, of the 
prospective normal contributions to be received on account of 
all members. 

(e) The total amount payable to the state annuity 
accumulation fund in each year shall be not less than the sum 
of the rates per cent known as the normal contribution rate 
and the accrued liability contribution rate, of the total com- 



1945] Chapter 183 255 

pensation earnable by all members; provided, however, that 
the amount of each annual accrued liability contribution shall 
be at least three per cent greater than the preceding annual 
accrued liability payment, and provided that the aggregate 
payment by the state shall be sufficient, when combined with 
the amount in the state annuity accumulation fund, to provide 
the state annuities payable out of the fund during the year 
then current. 

(f) All state annuities payable on account of members 
with prior service credit shall be paid from the state annuity 
accumulation fund. Upon the retirement of a member with- 
out prior service credit, an amount equal to his state annuity 
reserve shall be transferred from the state annuity accumu- 
lation fund to the state annuity reserve fund. 

(g) All interest and dividend earned on the fund of 
the retirement system shall be credited to the state annuity 
accumulation fund. The board of trustees annually shall allow 
regular interest on the individual accounts of members in the 
employee annuity savings fund and on the mean accounts for 
the preceding year in the employee annuity reserve fund and 
the state annuity reserve fund, and shall transfer such 
amounts from the state annuity accumulation fund. 

(h) The board- of trustees may in its discretion trans- 
fer to and from the state annuity accumulation fund the 
amount of any surplus or deficit which may develop in the 
reserves held in the employee annuity reserve fund or the 
state annuity reserve fund. 

IV. State Annuity Reserve Fund. The state annuity 
reserve fund shall be the fund in which shall be held the re- 
serves on all state annuities granted to members without prior 
service credit, and from which such state annuities shall be 
paid. If a beneficiary without prior service credit is restored 
to membership, his state annuity reserve shall be transferred 
from the state annuity reserve fund to the state annuity ac- 
cumulation fund. If the state annuity of a disability bene- 
ficiary without prior service credit is reduced as a result of 
an increase in his earning capacity, the amount of the re- 
duction shall be paid annually into the state annuity accumu- 
lation fund during the period of such reduction. 

V. State Contributions, (a) On or before the first 
day of October next preceding each regular session of the 
legislature, the board of trustees shall certify to the state 



256 Chapter 183 [1945 

comptroller the amounts which will become due and payable 
by the state during the biennium next following to the retire- 
ment system, and it shall be the duty of the comptroller in 
preparing the executive budget for each ensuing biennium to 
include in the budget the amounts so certified which amounts 
shall be appropriated by the legislature. The board of 
trustees shall certify one-quarter of the amount appropriated 
for each year of the biennium to the comptroller on or be- 
fore the last day of September, December, March and June. 
The governor and council shall, on or before the first day of 
October, January, April and July, draw a warrant or 
warrants for the respective amounts due the system. On the 
receipt of the warrant of the governor the state treasurer 
shall immediately transfer to the system the amounts due. 

VI. In addition to any appropriation made by the legis- 
lature for the purposes of this chapter, the governor with the 
advice and consent of the council, is hereby authorized to 
cause to be transferred from the special funds of the follow- 
ing departments and commissions such sums as may be 
needed to provide the state's share of the amounts necessary 
to cover employees of said departments and commissions who 
elect to join this system: Aerial tramway commission; fish 
and game department; hairdressers' board; barbers' board; 
liquor commission; motor vehicle department; racing com- 
mission; teachers' retirement board and the highway depart- 
ment. If such action is approved by the federal authorities 
having authority to approve the same and from whom federal 
funds are received for the administration of the unemploy- 
ment compensation division of the bureau of labor and the 
merit system, such sums may be likewise transferred from 
said federal funds to cover employees of said bureau and said 
system who elect to join this system. Any sums so trans- 
ferred from said special funds shall be deemed to be funds 
expended for administration of the particular functions in 
question. 

VII. A county, city, town, school district or other 
political subdivision of the state having any employee mem- 
bers who are paid directly by the state but for whom the 
state is later reimbursed for the part of their compensation 
not chargeable to state funds, shall likewise reimburse the 
state for that part of the contribution made by the state to 



1945] Chapter 183 257 

this system which is based on such part of compensation not 
chargeable to state funds. 

14. Bonds and Notes. In order to provide the funds for 
the payment of the accrued liability contribution of the state, 
the sum of three million five hundred thousand dollars 
($3,500,000), or so much thereof as from time to time 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 ex- 
ceeding three milhon five hundred 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. 

I. The governor and council shall determine the form of 
such bonds or notes, their rate of interest, the dates when in- 
terest shall be paid, the dates of maturity, the places where in- 
terest and principal 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. 

II. 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 chapter 
alone, and such sum or sums shall be deposited in the state 
annuity accumulation fund to cover the cost of the accrued 
liability, and may be invested with the other funds of the 
system. 

III. Said bonds or notes and interest thereon shall be a 
charge upon the sinking fund provided by chapter 126 of the 
Laws of 1931. 

IV. The secretary of state and the state treas'urer shall 
keep account of said bonds or notes in the same manner as 
accounts are kept of other bonds or notes of the state. 

V. The appropriation made hereunder shall be a con- 
tinuing appropriation and shall not lapse. 

15. Exemption from Taxation and Execution. The right 
of a person to a state annuity, and employee annuity or a re- 
tirement allowance, to the return of contributions, the state 
annuity, employee annuity or retirement allowance itself, any 
death benefit or other right accrued or accruing to any per- 



258 Chapter 183 [1945 

sons under the provisions of this act, and the moneys in the 
various funds created hereby, shall be exempted from any 
state, county or municipal tax in this state, and shall not be 
subject to execution, trustee process, attachment or any other 
process whatsoever, legal or equitable, and shall be unassign- 
able except as specifically provided herein. 

16. Protection Against Fraud. Any person who shall 
knowingly make any false statement or shall falsify or per- 
mit to be falsified any record or records of this retirement 
system in any attempt to defraud the system as a result of 
such act, shall be fined not more than five hundred dollars, or 
imprisoned not more than seven years, or both. Should any 
change or error in the records result in any member or bene- 
ficiary receiving from the system more or less than he would 
have been entitled to had the records been correct, the board 
of trustees shall have the power to correct such error, and to 
adjust as far as practicable the payments in such a manner 
that the actuarial equivalent of the benefit to which such 
member or beneficiary was correctly entitled shall be paid. 

17. Limitation on Membership. The retirement system 
and the provisions hereof shall not apply to any person bene- 
fited by or entitled to participate under any other provision of 
law in any other statute, state or federal, which provides 
wholly or in part at the expense of the federal government, 
the state or of any subdivisions thereof, for retirement bene- 
fits for employees of the state, their widows, or other de- 
pendents. 

18. Separability Clause. If any provisions of this chap- 
ter, or the application thereof to any person or circumstance, 
is held invalid, such invalidity shall not afifect other pro- 
visions or applications of the chapter which can be given effect 
without the invalid provision or application, and to this end 
the provisions of this chapter are declared to be severable. 

2. Appropriation. There is hereby appropriated for the 
state annuity accumulation fund for each of the fiscal years 
ending June 30, 1946 and June 30, 1947, the sum of $59,000. 
There is also hereby appropriated to cover the cost of ad- 
ministration of the system hereinbefore created, for the fiscal 
year ending June 30, 1946 the sum of $20,000, and for the 
fiscal year ending June 30, 1947, the sum of $10,000. 

3. Takes Effect. This act shall take effect as of July 1. 
1945. 

[Approved May 18, 1945.] 



1945] Chapter 184 259 

CHAPTER 184. 

AN ACT ESTABLISHING THE OFFICE OF DIRECTOR OF RECREATION. 

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

1. Director of Recreation. Amend section 3 of chapter 233 
of the Revised Laws by striking out the same and inserting 
in place thereof the following: 3. Directors. The commis- 
sion shall, with the approval of the governor and council, 
appoint a director of forestry, who shall be the state forester, 
and a director of recreation. Each director so appointed shall 
serve during the pleasure of the commission at a salary of 
four thousand dollars a year and shall be allowed reasonable 
travel, field and office expenses necessary in the performance 
of his official duties. 

2. Duties of Directors. Amend section 4 of chapter 233 of 
the Revised Laws by striking out the same and inserting in 
place thereof the following: 4. Duties. I. The director of 
forestry shall, with the approval of the governor and council 
and under the supervision of the commission, execute all 
matters pertaining to forestry within the jurisdiction of the 
state, and, within the limits of appropriations, may hire such 
field and office assistants as, in the judgment of the commis- 
sion, are necessary for the proper execution of his duties, and, 
upon terms approved by the commission, may enter into co- 
operation with departments of the federal government and 
other public and private agencies for the promotion of 
forestry work within the state. He shall, with the approval 
of the governor and council, and under the supervision of the 
commission, execute all matters pertaining to the use of state 
forests, parks and reservations, except matters pertaining to 
the recreational development, administration and mainte- 
nance, but will cooperate with the director of recreation in 
the use of state forests, parks and reservations for public 
recreational purposes. 

II. The director of recreation shall, with the approval of 
the governor and council, and under the supervision of the 
commission, execute all matters pertaining to. the design, 
development, administration, operation and maintenance of 
recreational facilities and services for public use, on all state 
public areas of recreational significance such as state parks, 
forests, reservations and historic sites, may recommend for 



260 Chapter 184 [1945 

state acquisition lands or the use of lands for recreational pur- 
poses and for the protection and preservation of areas of un- 
usual scenic, scientific, historic or other value, may hire such 
field and office assistants as in the judgment of the commis- 
sion are necessary for the proper execution of his duties, and 
upon terms approved by the commission, may enter into co- 
operation with departments of the federal government and 
other pubHc and private agencies for the development or pro- 
motion of recreational facilities or services for public use with- 
in the state. He shall cooperate with the director of forestry on 
matters pertaining to the joint recreational and forestry use 
of state lands, with other state and federal agencies in the 
development of parkways and scenic routes, in the develop- 
ment of wayside picnic areas, in the promotion of hunting and 
fishing on public recreational areas, and in the promotion of 
better understanding of the recreational advantages of the 
state. 

3. Powers of Agents. Amend section 34 of chapter 233 
of the Revised Laws by inserting after the words "state 
forester" in the first line thereof the words, or the director 
of recreation, so that said section as amended shall read as 
follows: 34. Arrest. Any agent or caretaker appointed by 
the state forester or the director of recreation for the pro- 
tection of property on any state forest, reservation or recre- 
ational area or on any federal area under the administration 
of the forestry and recreation commission shall have, on such 
areas, the powers of a constable. The state forester, the dis- 
trict chief, the warden, or the deputy warden may arrest, 
without a warrant, any person taken by him in the act of 
violating any of the laws for the protection of forest lands, 
and may bring such person forthwith before the court or 
justice having jurisdiction, who shall proceed without delay to 
dispose of the matter. 

4. Regulation of Fires. Amend subdivision (a) of sec- 
tion 35 of chapter 233 of the Revised Laws by adding at the 
end thereof the words, excepting that upon a public recre- 
ational area where fireplaces and a supervisor are provided, 
presence of an official supervisor or caretaker upon such land 
will constitute permission, so that said subdivision as amended 
shall read as follows : (a) It shall be unlawful for any per- 
son to kindle or cause to be kindled a fire upon the land of an- 
other without first obtaining permission from the owner there- 



1945] ~ Chapter 184 261 

of or his agent, or upon public land without the written per- 
mission from the official caretaker thereof, excepting that up- 
on a public recreational area where fireplaces and a supervisor 
are provided, presence of an official supervisor or caretaker up- 
on such land will constitute permission. 

5. Approval of Expenditures. Amend section 6 of chap- 
ter 234 of the Revised Laws by striking out the words "state 
forester" in the last line thereof and inserting in place thereof 
the words, forestry and recreation commission, so that said 
section as amended shall read as follows: 6. Donation of 
Funds. The state treasurer is hereby authorized to receive 
at any time such sums of money as may be donated for the 
purpose of purchasing, maintaining, and improving state 
forests or state reservations and buildings thereon, or any 
other forestry project, and money so received shall be con- 
verted into a continuous fund or funds from which payments 
shall be made in accordance with the stipulations of the donor 
upon warrant of the governor for such purposes as are 
approved by the forestry and recreation commission. 

6. Commission to Make Rules. Amend section 7 of chap- 
ter 234 of the Revised Laws by striking out the words "and 
the state forester are," and inserting in place thereof the 
word, is; and further amend said section by striking out the 
words "they deem," and inserting in place thereof the words, 
it deems, so that said section as amended shall read as 
follows: 7. Rules and Regulations. The forestry and rec- 
reation commission is authorized to make such rules and 
regulations as it deems necessary, not inconsistent with law, 
concerning the use of all state forests and reservations by the 
general public. Any person found guilty of violating any of 
such rules and regulations shall be fined not more than twenty- 
five dollars. 

7. Contracts. Amend section 10 of said chapter 234 by 
striking out the words "On terms approved by the commis- 
sion and the governor and council, the state forester," and in- 
serting in place thereof the words, on terms approved by the 
governor and council, the commission, so that said section as 
amended shall read as follows: 10. Privileges and Conces- 
sions. On terms approved by the governor and council, the 
commission may make contracts for the leasing of privileges 
and concessions on state forests and reservations, for periods 
not exceeding five years. 



262 Chapter 184 [1945 

8. Approval. Amend section 12 of said chapter 234 by 
striking out the words "With the approval of the commission 
and the governor and council, the state forester," and insert- 
ing in place thereof the words, with the approval of the gover- 
nor and council, the commission, so that said section as 
amended shall read as follows: 12. Fees; Development of 
Recreational Areas. With the approval of the governor and 
council, the commission may (1) furnish accommodations and 
render services to the public on state forests and reservations, 
(2) charge reasonable fees for such services and accommoda- 
tions, (3) develop suitable state forests and reservations for 
recreational purposes. All revenue received from fees author- 
ized hereunder shall be paid into the forest improvement and 
recreational fund. 

9. Limit of Approval. Amend section 13 by striking out the 
words "state forester" in the third line and inserting in place 
thereof the word, commission, so that said section as amended 
shall read as follows: 13. Limitation. The authority to 
furnish accommodations to the public on state forests and 
reservations, as provided by section 12, shall not be construed 
as authorizing the commission to furnish sleeping accom- 
modations to the transient public either in overnight cabins 
or in buildings owned by the state, provided that this limita- 
tion shall not affect the leasing of buildings or cabins owned 
by the state where the accommodations are furnished by the 
lessee. 

10. Fees for Services. Amend section 14 of said chap- 
ter 234 by striking out the words "state forester" in the ninth 
line and inserting in place thereof the word, commission, so 
that said section as amended shall read as follows: 14. 
Forest Improvement and Recreational Fund. All revenue de- 
rived from fees for services and accommodations on, and 
rentals and the sale of any products from, state forests or 
reservations and federal lands placed under the jurisdiction 
of the forestry and recreation commission shall, except as 
otherwise provided, be paid into the state treasury. All of 
such revenue, except that received from the sale of nursery 
stock from the state forest nursery, shall be kept by the state 
treasurer in a separate account as a continuous fund to be 
known as the forest improvement and recreational fund from 
which payments may be made upon recommendation of the 
commission, with the advice and consent of the governor and 
council, for the purchase and improvement of state forests 



1945] Chapter 184 263 

and reservations and buildings thereon and for administration 
and improvement of such federal lands as may be placed un- 
der the jurisdiction of the commission. At the close of each 
fiscal year the unexpended balance of said money shall be 
carried forward and be made available for use in the sub- 
sequent year for said purposes. 

11, Distribution of Fees. Amend section 15 of said chap- 
ter 234 by striking out the words "state forester" wherever 
they occur and inserting in place thereof the word, commis- 
sion, so that said section as amended shall read as follows: 
15. Reimbursement. Notwithstanding the provisions of the 
previous section if upon a sale of state lands or products of 
such lands the commission shall determine that the state has 
derived a direct cash profit as the result of work done on the 
land sold or on land the products of which are sold, done or 
to be done by the federal emergency conservation corps, one- 
half the profit from said sale of land or one-half the proceeds 
of the sale of such products, or such lesser amount as may be 
sufficient (such amount to be determined by the commission 
with the approval of the state comptroller) shall be applied to 
or towards reimbursing the United States government for 
moneys expended by it for the work so done, but not exceed- 
ing in the aggregate three dollars per acre. The commission 
with the approval of the state comptroller shall fix and de- 
termine the amount of said profit or proceeds. Such one-half 
part of such profit or proceeds as the case may be shall be 
retained by the state treasurer in a separate fund until the 
account of the United States government with respect to such 
sale becomes liquidated. Upon completion of the sale the 
commission, subject to the approval of the state comptroller, 
is hereby authorized to settle with the proper federal author- 
ity an account fixing the amount due the United States gov- 
ernment and the amount so fixed shall be paid by the treas- 
urer. The unexpended remainder, if any, of such one-half 
part of such profit or proceeds shall then be applied as other- 
wise provided by law for the proceeds of the sale of state 
lands and products thereof. 

12. Takes Effect. This act shall take effect on July 1, 
1945. 

[Approved May 18, 1945.] 



264 Chapter 185 [1945 

CHAPTER 185. 

AN ACT RELATING TO POLITICAL ADVERTISING. 

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

1. Political Advertising. Amend section 6, chapter 42, of 
the Revised Laws, by striking out said section and inserting 
in place thereof the following : 6. Political Advertising. No 
person shall pubhsh, or cause to be published., in a newspaper 
or other periodical any paid matter which is designed or 
tends to aid, injure or defeat any candidate for public office, 
or a constitutional amendment, or any other question sub- 
mitted to the voters, unless the name of the chairman or 
secretary, or the names of two officers of the political or other 
organization inserting the same, or the name of some voter 
who is responsible therefor, with his residence and the street 
and number thereof, if any, appear in the nature of a signa- 
ture. Such matter inserted in reading columns shall be 
marked at the beginning thereof in a distinctive type "Politi- 
cal Advertisement." No person or corporation, within this 
state, operating a radio station or network of stations shall 
broadcast any such paid political matter without first announc- 
ing the person or committee paying therefor. Any person 
who violates, or in any way knowingly aids or abets the viola- 
tion of, any provision of this section shall be fined not more 
than one hundred dollars, or imprisoned not more than sixty 
days. 

2. Maximum Charges for Political Advertising. Amend 
section 9, chapter 42 of the Revised Laws by striking out said 
section and inserting in place thereof the following : 9. Pay- 
ments for Publication. No person or corporation, within 
the state, publishing a newspaper or other periodical or 
operating a radio station or network of stations shall receive 
for political advertising or for political broadcasts, a rate in 
excess of the rate or rates regularly charged by such person 
or corporation for commercial advertising or for commercial 
broadcasts of similar character and classification and no candi- 
date or political committee shall pay for political advertising 
or broadcasts any rate or charge in excess of such rate or 
rates regularly charged. 



1945] Chapter 186 265 

3. Filing- of Rates. Amend chapter 42 of the Revised 
Laws by inserting after section 9 the following new section: 
9-a. Rates to be Filed. Every person or corporation, within 
this state, publishing a newspaper or other periodical, or 
operating a radio station or network of stations, shall file with 
the secretary of state for public inspection a schedule or 
schedules showing the rates for commercial advertising and 
commercial broadcasts. Any such schedule may be changed 
or amended by fihng a new or amended schedule with the 
secretary of state, but such new or amended rates shall not 
be effective until thirty days after filing. 

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

[Approved May 18, 1945.] 



CHAPTER 186. 

AN ACT RELATIVE TO THE NEW HAMPSHIRE SOLDIERS' HOME AND 
THE BOARD OF MANAGERS THEREOF. 

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

1. New Hampshire Soldiers' Home. Amend section 1 of 
chapter 18 of the Revised Laws by striking out the same and 
inserting in place thereof the following: 1. Home Establish- 
ment. There is established in this state a home known as the 
New Hampshire Soldiers' Home for the support and care of 
men who served in the armed forces of the United States in 
any war in which the United States has been, is, or shall be en- 
gaged, and who are or shall be honorably discharged there- 
from. A veteran who desires to enter said home shall make 
application for admittance to the board of managers. Ad- 
mittance shall be at the discretion of said board. 

2. Membership Requirements. Amend section 2 of said 
chapter 18 by striking out the same and inserting in place 
thereof the following: 2. Board of Managers. The govern- 
ment of the home is vested in the board of managers of the 
New Hampshire Soldiers' Home, consisting of the governor, 
ex officio, the commanders of the following veterans' depart- 
ments of New Hampshire, ex officiis, United Spanish War 



266 Chapter 186 [1945 

Veterans, American Legion, Veterans of Foreign Wars, a 
member of the Disabled American Veterans, and five citizens 
of the state, four of whom, at least, served in the armed 
forces of the United States in any war in which the United 
States has been, is, or shall be engaged, and who are, or shall 
be, honorably discharged, to be appointed by the governor 
with the advice and consent of the council, and provided 
further that at least one of said appointees shall be a mem- 
ber of the said department of the United Spanish War 
Veterans, one of the said department of the American Legion, 
one of the said department of Veterans of Foreign Wars and 
one member of the Disabled American Veterans or any other 
national veterans organization that may arise in the future. 
Each appointed member shall hold office for a term of five 
years and until his successor is appointed and qualified; and 
in case of any vacancy, an appointment shall be made for the 
unexpired term. 

3. Labor Preference. Amend section 5 of said chapter 18 
by striking out the words "Union soldiers, sailors and marines 
who served in the war of the Rebellion" and inserting in place 
thereof the word, veterans, so that said section as amended 
shall read as follows: 5. Commandant and Employees. 
They shall appoint, or may remove a commandant of the 
home, and shall appoint or may remove, or provide for the 
appointment of all other officers and employees needed for 
the proper management of the institution, define their duties, 
and fix their salaries and compensations; but in making such 
appointments, honorably discharged veterans shall have 
preference, and the salaries and compensation paid to officials 
and employees shall not exceed what is paid for like services 
in other similar institutions. All officials shall be sworn to 
the faithful performance of their duties. 

4. Present Members. The members of the board of man- 
agers in office at the time this act takes effect shall continue 
in office until the expiration of their respective terms and un- 
til their successors are appointed and qualified. 

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

[Approved May 18, 1945.] 



1945] Chapters 187, 188 267 

CHAPTER 187. 

AN ACT FOR THE CONSTRUCTION OF A BRIDGE OVER THE 

MERRIMACK RIVER BETWEEN THE TOWNS OF 

MERRIMACK AND LITCHFIELD. 

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

1. Bridge Authorized. The sum of one hundred twenty- 
five thousand dollars ($125,000) is hereby appropriated for 
the purpose of constructing a bridge over the Merrimack 
river at some location between the towns of Merrimack and 
Litchfield, said sum to be expended under the direction of the 
highway commissioner. 

2. Location. The location of the bridge hereby authorized 
shall be determined by the highway commissioner with 
special reference to public needs, both as to present and future 
requirements. 

3.* Name. The name of the bridge so authorized shall be 
World War II Memorial bridge. 

4. Condition; Federal Assistance. The highway commis- 
sioner, with the approval of the governor and council, is here- 
by authorized to cooperate with and enter into such agree- 
ments with the federal government, or any agency thereof, 
as he may deem advisable to secure federal funds for the pur- 
poses hereof. The appropriations made by section 1 hereof 
shall only become available when a federal grant of at least 
an equal amount for the purposes hereof is made by the 
federal government or any agency thereof. 

5. Highway Funds. The appropriation made by section 1 
shall be a charge upon the highway funds of the state. 

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

[Approved May 18, 1945.] 



CHAPTER 188. 

AN ACT RELATING TO HIGHWAYS. 

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

1. Highway Law of 1945. Amend chapter 90 of the Re- 
vised Laws, as amended by chapter 57 of the Laws of 1943, 



* See chapter 195, post. 



268 Chapter 188 [1945 

by striki-ng out said chapter and inserting in place thereof 
the following new chapter: 

Chapter 90 

Highway Law of 1945 

Part 1 

Highways and Their Classification 

1. 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 city or town or to the state by deed of a fee or 
easement interest, or roads which have been dedicated to the 
public use and accepted by the city or town in which such 
roads are located, or roads which have been used as such for 
public travel, other than travel to and from a toll bridge or 
ferry, for twenty years, and shall include the bridges thereon. 

State Highway Systems 

2. Primary System. There shall be a system of highways 
known as the "Primary State Highway System" which shall 
consist of all existing or proposed highways designated on a 
map entitled "Primary State Highway System, 1945," pre- 
pared by the highway commissioner and filed in the office of 
the secretary of state. 

3. Secondary System. There shall be a system of high- 
ways known as the "Secondary State Highway System" which 
shall consist of all existing or proposed highways designated 
on a map entitled "Secondary State Highway System, 1945," 
prepared by the highway commissioner and filed in the office 
of the secretary of state. 

Classification of Highways 

4. Classification. Highways of the state shall be divided 
into six classes as follows: 

I. Class I highways shall consist of all existing or 
proposed highways on the primary state highway system, 
excepting all portions of such highways within the compact 
sections of cities or towns of twenty-five hundred inhabitants 
and over. 

II. Class II highways shall consist of all existing or 
proposed highways on the secondary state highway system, 



1945] Chapter 188 269 

excepting all portions of such highways within the compact 
sections of cities or towns of twenty-five hundred inhabitants 
and over. 

III. Class III highways shall consist of all recreational 
roads leading to, and within, state reservations designated by 
the legislature. 

IV. Class IV highways shall consist of all highways 
within the compact sections of cities or towns of twenty-five 
hundred inhabitants and over. The compact section of any 
such city or town shall be the territory within such city or 
town where the frontage on any highway, in the opinion of 
the highway commissioner, is mainly occupied by dwellings 
or buildings in which people live, or business is conducted, 
throughout the year and not for a season only. 

V. Class V highways shall consist of all other traveled 
highways which the town has the duty to maintain regularly, 
and shall be known as town roads. 

VI. Class VI highways shall consist of all other exist- 
ing public ways, and shall include all highways discontinued 
as open highways and made subject to gates and bars, and all 
highways which have not been maintained and repaired by the 
town in suitable condition for travel thereon for five successive 
years or more. 

Part 2 

Duty to Construct and Maintain Highways and Bridges 

1. Class I Trunk Line Highways. The state highway 
department shall assume full control and pay the costs of con- 
struction, reconstruction and maintenance of all class I high- 
ways, including bridges thereon. 

2. National System of Interstate Highways. The state 
highway department shall assume full control and pay the 
costs of construction, reconstruction and maintenance of all 
highways within the state included in the national system of 
interstate highways. 

3. Class II State Aid Highways; Improved Portions. The 
state highway department shall assume full control and pay 
the costs of reconstruction and maintenance of all class II 
highways which have been improved to the satisfaction of the 
highway commissioner. 

4. Unimproved Portions. All other class II highways 
shall be maintained by the city or town in which they are 



270 Chapter 188 [1945 

located, and may be improved to the satisfaction of the high- 
way commissioner with the use of state aid funds. 

5. Bridges. All bridges constructed or reconstructed 
with state bridge aid funds and which are located on class II 
highways shall be maintained by the state. All other bridges 
on class II highways shall be maintained by the^city or town 
in which they are located, and may be constructed or recon- 
structed with the use of state bridge aid funds. 

6. Class III Recreational Roads. The state highway de- 
partment shall assume full control of reconstruction and main- 
tenance of roads designated by the state forester and highway 
commissioner within the following state reservations and 
rights of way thereto, and such roads shall be known as rec- 
reational roads; Belknap State Reservation in the town of 
Gilford; Cathedral Ledge State Reservation in the towns of 
Conway and Bartlett ; Pillsbury State Reservation in the town 
of Washington; White Lake State Park in the town of Tam- 
worth; Pawtuckaway State Reservation in the towns of Not- 
tingham and Deerfield; Milan Hill State Park in the town of 
Milan; Cardigan State Reservation in the town of Orange; 
Kearsarge State Reservation in the town of Wilmot; and 
Monadnock State Forest Reservation in the town of Jaffrey. 
The cost of reconstruction and maintenance shall be a charge 
upon the highway funds. This section shall not be construed 
as affecting the control of the forestry and recreation depart- 
ment over parking areas or other facilities within said reser- 
vations. 

7. Class IV Compact Section Highways. All class IV 
highways shall be wholly constructed, reconstructed, and 
maintained by the city or town in which they are located, and 
no state funds shall be expended thereon. 

8. Class V Town Roads. All class V highways shall be 
constructed, reconstructed, and maintained by the city or town 
in which they are located; provided, however, that town road 
aid may be used for such purposes, and town bridge aid may 
be used for the construction or reconstruction of any bridge 
thereon, as hereinafter provided. 

Part 3 

Powers to Lay Out Highways 
1. Class I and II. All class I and class II highways and 
all highways within the state included in the national system 



1945] Chapter 188 271 

of interstate highways shall be laid out by a commission 
appointed by the governor and council. 

2. Class IV, V, and VI. All class IV, V, and VI high- 
ways shall be laid out by the mayor and aldermen of the city 
or the selectmen of the town in which such highways are 
located, or by the superior court as hereinafter provided. 

3. Highways to Public Waters. Highways to public 
waters, when not a part of the primary or secondary highway 
system, may be laid out as class V highways by the mayor 
and aldermen of the city or the selectmen of the town in 
which such highways are located, or may be laid out as here- 
inafter provided by a commission appointed by the governor 
and council. 

4. Taking Corporate Property. Any real estate, fran- 
chise or easement of a corporation may be taken for a high- 
way in the same manner as the estate of individuals. 

5. Lay Out Over Highway. A highway or any alter- 
ation thereof may be laid out across or over an existing high- 
way; but no damages shall be awarded when the public have 
the right of way over the same land. 

6. Lay Out Across Stream. A highway or any alter- 
ation thereof may be laid out across any stream or body of 
water; but no highway or bridge shall be so laid out if the 
reasonable and proper construction thereof may prevent the 
use of such waters for navigation for boats or rafts, or for 
running timber. 

Part 4 

Lay Out of Class I and II Highways 

1. Occasion for Lay Out, by Governor and Council; Lay 
Out. The governor, with advice of the council, may determine 
upon hearing whether there is occasion for the laying out or 
alteration of a class I or class II highway or a highway within 
the state included in the national system of interstate high- 
ways in a location proposed by the highway commissioner, 
and if so, shall appoint a commission of three persons who may 
purchase land or other property in the proposed location and 
who shall lay out the remainder of such highway or alteration, 
assess the damages sustained by each owner of land or prop- 
erty taken, and tender payment of the sums awarded. 

2. Lay Out by Commission. The governor, with advice 
of the council, may appoint a commission of three persons who. 



272 Chapter 188 [1945 

upon hearing, shall determine whether there is occasion for 
the laying out or alteration of a class I or class II highway or 
a highway within the state included in the national system of 
interstate highways in a location proposed by the highway 
commissioner, and if so, the commission may purchase land 
or other property in the proposed location and shall lay out 
the remainder of such highway or alteration, assess the 
damages sustained by each owner of land or property taken, 
and tender payment of the sums awarded. 

3. Owners. Owners shall include tenants for life or 
years, remaindermen, or reversioners. 

4. Oath. The persons appointed to the commission shall 
be sworn to act faithfully and impartially in the performance 
of their duties and the certificate of their oath shall be re- 
turned to the secretary of state. 

5. Notice of Hearing. The governor, with the advice of 
the council, or the commission appointed by the governor with 
advice of the council, at least fourteen days previous to hear- 
ing, shall cause notice in writing of the time and place of hear- 
ing appointed by them, together with a description of the 
proposed location, to be given to each owner of land or other 
property over which such highway may pass, and to the clerk 
of any city or town in which such highway or alteration may 
be laid out. 

6. Resident Owner. When the owner resides or lives 
within the state, notice shall be given to him in person or left 
at his abode. 

7. Nonresident Owner. When the owner does not re- 
side or live within the state notice may be given to the person, 
if any, who has the care or possession of the land, or may be 
sent by registered mail to the owner's last known address. 

8. Owner Under Disability. If the owner is a person 
under guardianship or conservatorship notice shall be given 
to his guardian or conservator. If the owner is under any 
legal disability a guardian or conservator may be appointed. 

9. Notice by Posting. When the owner, or his residence, 
is unknown or uncertain, a copy of such notice, when posted 
in two public places in the city or town in which the land is 
situate, at least fourteen days previous to hearing, shall be 
deemed sufficient notice to such owner. 

10. Hearing. The governor and council, or the commis- 
sion, at the time and place appointed for hearing, shall make a 



1945] Chapter 188 273 

personal examination of the proposed location, and of any 
highv/ay for which the proposed highway is designed to be a 
substitute, shall hear all parties interested who may attend, 
and may adjourn as they see cause. They may admit or re- 
ject any evidence offered and there shall be no appeal from 
their findings on the matter of occasion for the laying out of 
the highway or alteration thereof in the absence of fraud or 
gross mistake. 

11. Return. The commission shall make a return of the 
highway or any alteration by them laid out, describing the 
same and the width thereof, and their assessment of the 
damages sustained by each owner of land or other property 
taken, and cause the same to be filed with the secretary of 
state, and file a copy of such return with the clerk of the city 
or town in which such highway or alteration is laid out. 

12. Tender. No land or other property taken for a high- 
way or alteration shall be appropriated or used for making the 
same until the damages assessed therefor are paid or tendered 
to the owner or his guardian or conservator by the commission 
in money or by check of the state treasurer. 

13. Nonresident. When the owner does not reside or 
live within the state, damages may be paid or tendered to him 
in person or by check of the state treasurer sent by registered 
mail to his last known address. 

14. When Owner or Residence Unknown. When the 
owner is unknown, or his residence is unknown or uncertain, 
damages may be tendered to such owner by depositing with the 
state treasurer a sum of money equal to the damages assessed, 
and the state treasurer shall pay such sum without interest 
to such owner upon proof that he is the person entitled to 
such damages, and in case the state treasurer is not satisfied 
with the evidence of ownership he may deposit the money for 
such damages with the clerk of the superior court for the 
county in which the land or property is situate, and the court, 
after due notice, shall determine whether such person is the 
owner and is entitled to the damages. 

15. In Case of Dispute. Whenever dispute arises over 
title to land or other property acquired or over the person en- 
titled to the damages awarded or purchase price, the commis- 
sion may deposit the money for such damages or purchase 
price with the clerk of the superior court for the county in 
which such land or other property is situate together with a 



274 Chapter 188 [1945 

bill of interpleader in equity proceedings, and such deposit 
shall constitute sufficient tender. The court, after due notice 
to all claimants is given, shall determine the issues in dispute, 
and the clerk shall pay over the sum deposited to such persons 
as the court shall find are entitled thereto. 

16. Certificate of Tender. The commission shall file with 
the secretary of state a certificate that payment or tender of 
payment of the damages assessed by the commission has been 
made to each owner or, if the owner is unknown or his resi- 
dence is unknown or uncertain, tender of such damages has 
been made to the state treasurer, or, if dispute has arisen 
tender has been made in the superior court, and the certificate 
of tender shall state the sum tendered to each landowner and 
his refusal or acceptance thereof. 

17. Appeal of Assessment. Any owner of land or other 
property who has not accepted payment of the sum tendered 
and who is aggrieved by the decision of the commission in the 
assessment of damages may appeal therefrom to the superior 
court for the county in which such land or other property is 
situate by petition within sixty days after the certificate of 
tender has been filed with the secretary of state, and not 
thereafter, and the court shall assess the damages by jury, 
and award costs to the prevailing party. 

18. Deposit in Court. Upon the filing of such appeal the 
highway commissioner may deposit with the clerk of the 
superior court in which the appeal is entered a sum of money 
equal to the damages assessed to the petitioner, and interest 
shall not accrue thereafter on such sum but shall only accrue 
on the amount of final judgment in excess thereof. 

19. Payment by Court. The clerk of the superior court 
shall pay over the sum deposited upon demand to the peti- 
tioner and the acceptance of such deposit by the petitioner 
shall not in any manner aflfect or prejudice his right of appeal 
or be admitted in evidence at the trial by jury on the issue of 
damages. 

20. Judgment Against Petitioner. If such sum paid to 
the petitioner shall exceed the amount of final judgment, the 
court shall enter judgment against the petitioner for the 
amount paid to him in excess of the amount of final judgment. 

21. Purchase of Entire Tract; Sale of Portion. When- 
ever the commission is of the opinion that savings to the state 
will thereby be effected, it may purchase an entire tract of 



1945] Chapter 188 275 

land or other property upon agreement with the owner, and, 
with the consent of the governor and council, may sell there- 
from whatever land or other property not needed for the 
location or relocation of the highway. 

22. Taking Tree Rights. The commission may include 
in their assessment of damages to the abutting owners, 
damages for the maintenance or planting, from time to time, 
within the limits of such highway, of such shade and orna- 
mental trees and shrubbery as may be necessary, in the 
opinion of the highway -commissioner, for the preservation, 
improvement, or landscaping of such highway, and upon 
tender of such damages there shall be a public easement on 
such highway for such purposes and to protect, preserve and 
renew the growth thereon. 

23. Payment. The state shall pay for all land and other 
property taken or acquired by the commission, and, with the 
approval of the governor, with advice of the council, for the 
services and expenses of the commissioners and costs of 
litigation incurred by the commission in the taking of such 
land and property, and all such sums shall be a charge upon 
the state highway department funds. 

Part 5 

Lay Out of Class IV, V, VI Highways 
By Selectmen 

1. Petition. Selectmen of a town, upon petition, may 
lay out any new class IV, V, or VI highway or alter any such 
existing highway within their town for which there shall be 
occasion. 

2. Notice. Unless the selectmen are clearly of opinion 
that such petition ought not to be granted they shall cause 
notice in writing of the time and place of hearing appointed 
by them to be given at least fourteen days previous to hearing 
to the first petitioner and to each owner of land over which 
such highway may pass. 

3. Life Tenant; Reversioner. Owners shall include 
tenants for life or years, remaindermen or reversioners. 

4. Resident Owner. When the owner resides or lives 
within the state, notice shall be given to him in person or left 
at his abode. 

5. Nonresident Owner. When the owner does not reside 
or live within the state, notice may be given to the person, if 



276 Chapter 188 [1945 

any, who has the care or possession of the land or may be 
sent by registered mail to the owner's last known address. 

6. Owner Under Disability. If the owner is a person 
under guardianship or conservatorship notice shall be given 
to his guardian or conservator. If the owner is under any 
legal disability a guardian or conservator may be appointed. 

7. Notice by Posting. When the owner, or his residence, 
is unknown or uncertain, a copy of such notice, when posted 
in two public places in the city or town in which the land is 
situate, at least fourteen days previous to hearing, shall be 
deemed sufficient notice to such owner. 

8. Hearing. At the time and place so appointed the 
selectmen shall make a personal examination of the several 
routes proposed, and of the highways for which such new 
highway is designed to be a substitute, shall hear all parties 
interested who may attend and any evidence they may offer, 
and may adjourn as they see cause. 

9. Lay Out. They may lay out such highway over any 
ground they may deem most suitable, and alter any highway 
as they judge proper, without regard to intermediate limits 
or particular monuments described in the petition. 

10. Joint Action. The selectmen of two adjoining towns, 
acting jointly and by a vote of the major part of each board, 
may lay out any new highway, or alter any existing highway 
within such towns, for the accommodation of the public, in 
the same manner as selectmen are authorized to do in their 
respective towns; and they shall make return thereof as re- 
quired in case of laying out by selectmen in their town, and 
cause the same to be recorded by the clerk of each of the 
towns. 

11. Apportionment of Cost. The cost of such laying out 
or altering shall be apportioned between the towns by the 
selectmen acting as aforesaid ; and their return shall not take 
effect until the apportionment is made. 

12. Assessment of Damages. The selectmen shall assess 
the damages sustained by each owner of land or other prop- 
erty taken for such highway. 

13. Return. They shall make a return of the highway 
or any alteration by them laid out, describing the same and 
the width thereof, and their assessment of the damages sus- 
tained by each owner of land or other property taken, and 
cause the same to be recorded by the town clerk. 



1945] Chapter 188 277 

14. Tender. No land or other property taken for a 
highway or alteration shall be appropriated or used for mak- 
ing the same until the damages assessed therefor are paid or 
tendered to the owner or his guardian or conservator. 

15. To Nonresident. When the owner does not reside or 
live within the state, damages may be paid or tendered to 
him in person or by check of the town sent by registered mail 
to his last known address. 

16. Owner or Residence Unknown. When the owner is 
unknown, or his residence is unknown or uncertain, damages 
may be tendered to such owner by depositing with the town 
treasurer a sum of money equal to the damages assessed, and 
the town treasurer shall pay such sum without interest to 
such owner upon proof that he is the person entitled to such 
damages, and in case the town treasurer is not satisfied with 
the evidence of ownership he may deposit the money for such 
damages with the clerk of the superior court for the county 
in which the land or property is situate, and the court, after 
due notice, shall determine whether such person is the owner 
and is entitled to the damages. 

17. In Case of Dispute. Whenever dispute arises over 
title to land or other property acquired or over the person en- 
titled to the damages awarded or purchase price, the select- 
men may deposit the money for such damages or purchase 
price with the clerk of the superior court for the county in 
which such land or other property is situate together with a 
bill of interpleader in equity proceedings, and such deposit 
shall constitute sufficient tender. The court, after due notice 
to all claimants is given, shall determine the issues in dispute, 
and the clerk shall pay over the sum deposited to such persons 
as the court shall find are entitled thereto. 

18. Gates and Bars. Any highway may be laid out sub- 
ject to gates and bars across the same. In such case it shall 
be determined, and the return of the selectmen shall state, by 
whom the gates and bars shall be maintained. Whenever the 
public good requires it they may be removed and further 
damages assessed, upon like proceedings as in the laying out 
of highways. 

19. Conditional Lay Out. Whenever a highway will be 
of special advantage to any individual the selectmen may re- 
quire him to bear such portion of land damages and expenses 
of constructing and maintaining it, and the gates and bars 



278 Chapter 188 [1945 

across it if any, or any of the same, as they may deem just; 
and the highway may be laid out subject to such condition. 

20. Winter Roads. The selectmen, upon petition, may, 
in any case where, in their judgment, the public good requires 
it, lay out a public road exclusively for winter use, such public 
road to be open only from November fifteenth until April first, 
and they shall assess the damages to the owners of land over 
which such road may pass in the form of yearly rentals. 
Hearings shall be had upon seven days' notice to landowners. 
In all other respects such laying out shall be subject to the 
provisions for laying out a class V highway. 

21. Towns on Connecticut River. Any town in this 
state situated on the Connecticut river may, at any legal town 
meeting, authorize the selectmen of such town to unite with 
the selectmen or other proper officer of any contiguous town 
or towns in the state of Vermont, and contract with them for 
the purchase of any real estate, or the privilege, easement or 
franchise of any bridge, if in their opinion the public good re- 
quires a highway to be laid out over said property, or so near 
thereto as seriously to affect the value thereof. 

22. Agreement as to Expenses. The selectmen of such 
town may agree as to the proportion of expense to be borne 
by each town in such purchase, and in the construction and 
maintenance of a highway over said river, including a bridge 
and the piers, abutments and approaches thereto, and as to 
the proportion which each town shall contribute towards the 
payment of damages to third persons injured in the use of 
such highways, subject to the approval of the town; and any 
contract executed between the selectmen of such towns shall 
be legal and binding when approved by the towns directly in- 
terested therein, or if made under the authority of such 
towns. 

23. Boundary Lines of Town Highways. Selectmen may 
reestablish the boundary lines, limits and locations of any 
class IV, V or VI highway or any part thereof which shall 
have become lost, uncertain, or doubtful, and shall have the 
same powers and shall proceed in the same manner as the 
highway commissioner as provided in section 16 of part 10 
of the Highway Law of 1945. 

Appeals and Lay Out by Superior Court 

24. Appeal. Any person aggrieved by the decision of 
selectmen in the laying out or altering of a highway, or in the 



1945] Chapter 188 279 

assessment of damages therefor, may appeal therefrom to the 
superior court for the county in which such land or other 
property is situate by petition within sixty days after the 
filing of the return with the town clerk for recording and not 
thereafter. 

25. Deposit in Court. Upon the filing of an appeal on 
the assessment of damages the selectmen may deposit with 
the clerk of the superior court in which the appeal is entered 
a sum of money equal to the damages assessed to the 
petitioner, and interest shall not accrue thereafter on such 
sum but shall only accrue on the amount of final judgment in 
excess thereof. 

26. Payment by Court. The clerk of the superior court 
shall pay over the sum deposited upon demand to the 
petitioner and the acceptance of such deposit by the petitioner 
shall not in any manner affect or prejudice his right of appeal 
or be admitted in evidence at the trial by jury on the issue of 
damages. 

27. Judgment Against Petitioner. If such sum paid to 
the petitioner shall exceed the amount of final judgment the 
court shall enter judgment against the petitioner for the 
amount paid to him in excess of the amount of final judgment. 

28. Petition for Lay Out. Petitions for laying out or 
altering class IV, V or VI highways may be filed in the office 
of the clerk of the superior court in the following cases: I. 
When selectmen have neglected or refused to lay out or alter 
the highway ; II. When it may pass over land not in any town ; 
III. When it may pass over lands in two or more towns, one of 
which is in the county ; IV. When having been laid out by the 
selectmen, it is discontinued by the town within two years 
thereafter. 

29. Notice. Whenever a petition for the laying out or 
altering of a highway, or appealing from the decision of select- 
men, is filed in superior court the clerk shall issue an order 
pf notice, with a copy of the petition, returnable at the next 
return day of court, and the petitioners shall cause a certified 
copy of the same to be given to, or left at the places of abode 
of, one of the selectmen and the town clerk of each town 
through which such highway may pass, at least fourteen days 
before such return day, and such other notice as the court 
shall order. 



280 Chapter 188 [1945 

30. Lands Not in Any Town. If a proposed highway 
may pass over lands not in any town the court shall order 
notice to be given to the owner thereof, if known and residing 
in the state, by giving to him or leaving at his abode a like 
copy; and if he or his residence is not known, or is uncertain, 
or if his residence is not in the state, by publication, or by 
such other notice as the court shall order. 

31. Reference; Joint Board. If no sufficient objection is 
made all such petitions filed in the superior court shall be re- 
ferred to the county commissioners, and where the proposed 
highway may pass over lands in two or more counties the 
petition shall be referred to the commissioners for all such 
counties who shall constitute a joint board and make a joint 
report to the court. 

32. Disqualification. If any commissioner is interested 
in the petition he shall not serve; and the vacancy shall be 
filled, upon motion or petition, by any judge of the superior 
court. 

33. Commissioners in Office. The commissioners in 
office when a petition is referred to them shall continue to act 
as such in regard to the petition until all the business thereof 
is completed, unless the court otherwise orders. 

34. Notice. The chairman of the county commissioners 
shall appoint a time and place of hearing on every petition re- 
ferred to them, of which he shall give notice to the selectmen 
of each town interested therein, and to the landowners, in the 
same manner as required of selectmen in laying out highways. 

35. Substitute Commissioner. If any one of the com- 
missioners is unable to attend at the time and place appointed 
the commissioners present may, by writing under their hands, 
appoint a person who has served in such office to act in his 
stead. 

36. Powers of Substitute. The person so appointed shall 
be sworn to act faithfully and impartially in the proceedings 
upon the petition, and shall have the powers and perform 
the duties of a county commissioner in relation thereto. 

37. Certificate. The certificate of his appointment and 
oath shall be returned to the superior court with the report 
of the commissioners, and filed therewith. 

38. Hearing. The commissioners shall make exami- 
nation of the routes and hear parties interested, and shall 
have like powers as selectmen in such case. 



1945] Chapter 188 281 

39. Evidence. They may admit or reject any evidence 
offered; and there shall be no appeal from their findings on 
the matter of occasion for the laying- out of the highway or 
alteration thereof in the absence of fraud or gross mistake. 

40. Landowners. In their report they shall certify the 
names of the several owners of land and other property taken 
for the highway, and to whom and in what manner notice 
was given of the hearing. 

41. Description; Estimates. They shall insert in their 
report a particular description of the new highway laid out, 
and its width, or of the alterations made in an existing high- 
way, and their estimate of the expense of making the same in 
each town separately, and they may prescribe the grade, 
change in grade, or per cent of grade on such highway or 
alterations or any part thereof. 

42. Damages. They shall assess the damages sustained 
by the owners of land or other property, as required of select- 
men, and insert the same in their report, stating the damages 
in each town separately. 

43. Filing of Report; Notice of Hearing. They shall file 
their report in court and thereupon the court shall set a date 
for hearing, and the commissioners shall cause notice thereof, 
together with a copy of the report by them certified, to be 
given to the clerk of each town at least fourteen days before 
the date set for hearing. 

44. Petition for Contribution. When a petition for lay- 
ing. out a highway is referred to the commissioners any town 
in which the highway may be, may present their petition to 
the commissioners, setting forth that the expense of the pro- 
posed highway would be excessively burdensome to them, and 
that another town named, situated in the vicinity, would be 
greatly benefited thereby, and praying that a part of the ex- 
pense may be borne by such other town. 

45. Notice; Hearing. The commissioners shall give to 
such other town notice of the time and place of hearing upon 
the original petition, and of the substance of the petition rela- 
tive to the expense, at least fourteen days before the hearing, 
and shall hear such other town, if it appears, upon the 
question of laying out the highway, and of their contributing 
to the expense. 

46. Report on Apportionment. If the commissioners 
decide to lay out the highway they may in their report 



282 Chapter 188 [1945 

apportion and assign such part of the damages assessed and 
of the expense of laying out and making the highway, in- 
cluding bridges thereon, and of the cost of their future re- 
pair and maintenance, as they think just, to be paid by such 
other town; and upon acceptance of such report and judgment 
thereon such other town shall at all times contribute the 
amount apportioned or be liable therefor. 

47. Road in Two or More Towns. Upon motion of any 
town interested in a petition for a highway, referred to the 
commissioners, they may apportion the damages assessed and 
the expense of laying out and making the highway among the 
several towns in which it may be, in such sum or shares to 
each as they may think just. 

48. Road Across Boundary Stream. When a highway is 
laid out out across a stream or body of water constituting the 
boundary between two towns the commissioners shall de- 
termine the line across the highway to which each town shall 
construct it, and describe the same in some definite manner, 
so that it may be readily ascertained; and, upon the accept- 
ance of their report laying out the highway, such line shall 
be the true boundary between the towns at that place, for all 
purposes relating to the highway. 

49. Hearing on Report. When the report of the com- 
missioners is returned into court any party whose interest is 
affected thereby may appear and be heard in relation to it; 
and it may be recommitted or accepted and judgment be 
rendered thereon, establishing the highway, alterations, con- 
tributions, apportionment or other matters reported upon. 
In case of appeal the decision of the selectmen may be 
affirmed, modified or reversed, according to such report. 

50. Tender. No land or other property taken for a high- 
way or alteration laid out by the county commissioners shall 
be appropriated or used for making the same until judgment 
is entered on the report that the highway or alteration is 
legally laid out and established, and the damages awarded 
have been tendered or paid in the same manner as required of 
selectmen. 

51. Assessment by Jury. If any person to whom 
dapiages are awarded, or party against whom damages are 
assessed, by the commissioners is dissatisfied with the same, 
such person or party may appear at court, when their report 
is returned, and object thereto in writing, and then the court 



1945] Chapter 188 283 

shall assess the damages by jury, and award costs to the pre- 
vailing party. 

52. Corrections. Any mistake in a name, sum, number, 
monument or the like, in the report of the commissioners, may 
be corrected by the court, or by the commissioners by leave 
of court, without recommitment of the report. 

53. Executions. Executions may be issued for damages 
and costs awarded, in all cases on petitions relating to high- 
ways, as upon other judgments. 

54. Recording in All Counties. When the highway is 
laid out over land in two or more counties the commissioners 
shall cause to be recorded a certified copy of their final report 
and the decree of the court thereon with the clerk of the 
superior court for each county. 

55. Costs of Proceedings. In all proceedings before 
county commissioners relating to highways they may adjust 
and apportion the costs of the proceedings between the parties 
in such manner as they deem just. 

56. Commissioners' Fees and Expenses. The fees to be 
paid to the commissioners for their services on petitions re- 
lating to highways shall be paid by the county upon approval 
by the court, and shall be five dollars a day for the time neces- 
sarily occupied in attending hearings, and in making exami- 
nations and reports, and eight cents a mile for actual travel. 

Payment of Damages and Costs of Lay Out 

57. Damages. Damages for land or other property 
taken for a highway, except in cases otherwise provided for, 
shall be paid by the town in which that part of the highway 
is for which the land or other property is taken, subject to 
such apportionment thereof among the towns in which the 
highway is as may be made by the county commissioners in 
case of petitions referred to them. 

58. Suit. In cases where execution may not be issued 
by the superior court for damages on account of a highway, 
the person entitled thereto may recover the same, with inter- 
est, by action of debt, if not paid in thirty days after demand. 

59. Discontinuance of Unused Lay Out. No action for 
damages in laying out or altering a highway shall be brought 
after it has been discontinued unless brought within six 
months thereafter; and only the actual damage shall be re- 
covered. 



284 Chapter 188 [1945 

60. Cost. The costs of laying out or altering a highway 
in a town shall be paid by the town ; and in two or more towns, 
by the towns in accordance with the apportionment thereof 
made by the selectmen or commissioners who laid out or 
altered the same; and over land not in any town, by the 
county. 

61. Contribution by County. If the payment of the 
damages and the costs of laying out or altering and making 
the highway would be burdensome to any town the superior 
court, on petition, notice to the county commissioners, and 
hearing of all interested, may order a part, not exceeding one- 
half the amount thereof, to be paid by the county. 

Part 6 

Lay Out of Highways to Public Waters 

1. Occasioin for Lay Out by Governor and Council; Lay 
Out. The governor, with advice of the council, upon petition 
and hearing, may determine whether there is occasion for the 
laying out of a highway from any existing highway to any 
public water in this state and so far around or along the same 
as may be required, and, if so, determine its location and 
appoint a commission of three persons who may purchase land 
or other property in the location, and shall lay out the re- 
mainder in the same manner as required of commissions in 
laying out class I or class II highways. 

2. By Commission. The governor, with advice of the 
council, upon petition to lay out any such highway to public 
water, may appoint a commission who, upon hearing, shall 
determine whether there is occasion for the laying out of 
such highway and, if so, determine its location. Such com- 
mission may then purchase land or other property in the 
location, and shall lay out the remainder in the same manner 
as required of commissions in laying out class I or class II 
highways. 

3o Notice. Notice of the time and place of hearing to- 
gether with a copy of the petition shall be given to the first 
petitioner and to each owner of land or other property over 
which such highway may pass and to the clerk of any city or 
town in which the proposed highway may be laid out in the 
same manner as required for giving notice in laying out class I 
or class II highways. 



1945] Chapter 188 285 

4. Powers and Duties of Commission. The commission 
shall assess the damages sustained by each owner of land or 
other property taken, make payment or tender for such 
damages and file a return and certificate of tender in the 
same manner as required of commissions in laying out class I 
or class 11 highways, and in all matters pertaining to such 
layout shall have the same powers and duties as commissions 
have in laying out class I or class II highways. 

5. Appeal of Assessment. Any owner of land or other 
property who has not accepted payment of the sum tendered 
and who is aggrieved by the decision of the commission in the 
assessment of damages may appeal therefrom by petition to 
the superior court and have his damages assessed by. jury in 
the same manner as is provided for an appeal of assessment 
of damages in laying out class I or class II highways ; and the 
commission may deposit with the clerk of the superior court 
in which the appeal is entered a sum of money equal to the 
damages assessed and the clerk of the court shall pay over 
such sum and judgment may be rendered against the 
petitioner in the same manner as provided in laying out 
class I or class II highways. 

6. Gates and Bars. Any highway laid out under the 
provisions of this part may be laid out for the accommodation 
of persons on foot, or vehicles, or both, and may be made 
subject to gates or bars across the same. 

7. Reservoirs. No highway shall be laid out under the 
provisions of this part to any public waters used by any city 
or town for reservoir purposes. 

8. Payment. The state shall pay such portion of the 
services of the commissioners and of the sums awarded to 
owners of land and of the costs of construction of the highway 
as the governor, with the advice of the council, shall deem 
just and reasonable. All sums so determined shall be a 
charge upon the highway funds. The balance- of said costs 
and charges shall be paid by the town or towns in which said 
highway is laid out. Such highway shall be deemed a class V 
highway and shall be maintained by such town or towns un- 
less the governor and council shall otherwise determine. 

9. Towns Not Liable. No action shall be maintained 
against any town or against the state for any injury to per- 
son or property on any highway laid out under the provisions 
of this part, nor shall any indictment or information be main- 



286 Chapter 188 [1945 

tained against any town on account of the condition of any 
such highway. 

Part 7 

Limited Access Highways 
1. Definition. For the purposes of this chapter, a hmited 
access facihty is defined as a highway especially designed for 
through traffic, and over, from, or to which owners or 
occupants of abutting land or other persons have no right or 
easement or only a limited right or easement of access, light, 
air, or view by reason of the fact that their property abuts 
upon such limited access facility or for any other reason. 
Such highways may be parkways from which trucks, busses, 
and other commercial vehicles shall be excluded; or they may 
be freeways open to use by all customary forms of highway 
traffic. 

2. Occasion for Lay Out; Lay Out. The governor, with 
advice of the council, may determine, upon hearing, whether 
there is occasion for the laying out or alteration of a limited 
access facihty including service roads in a location proposed 
by the highway commissioner, and, if so, shall appoint a com- 
mission of three persons who may purchase land or other 
property in the proposed location and who shall lay out the 
remainder of such facility, service roads, or alteration thereof, 
assess the damages sustained by each owner of land or prop- 
erty taken, and tender payment of the sums awarded. The 
commission appointed by the governor and council to lay out 
any limited access facility may acquire private or public prop- 
erty and property rights for such facility and service roads, 
including rights of access, air, view, and light, by gift, devise, 
purchase or condemnation in the same manner as provided for 
acquiring property for class I highways except that all prop- 
erty rights acquired under the provisions of this part shall be 
in fee simple including property acquired by condemnation • 
proceedings. The commission, in its discretion, may acquire 
an entire lot, block, or tract of land, if by so doing the in- 
terests of the public will be best served even though said en- 
tire lot, block, or tract is not immediately needed for the right 
of way proper, and the highway commissioner, with the 
approval of the governor and council, may sell, convey, trans- 
fer or lease any surplus property, real or personal, at public or 
private sale. 



1945] Chapter 188 287 

3. Design. The highway commissioner is authorized to 
so design any hmited access facihty and to so regulate, re- 
strict, or prohibit access as to best serve the traffic for which 
such facihty is intended. He is authorized to divide and 
separate any hmited access facihty into separate roadways by 
the construction of raised curbings, central dividing sections, 
or other physical separations, or by designating such separate 
roadways by signs, markers, stripes, and the proper lane for 
such traffic by appropriate signs, markers, stripes, and other 
devices. No person shah have any right of ingress or egress 
to, from, or across limited access facilities to or from abutting 
lands, except at such designated points at which access may 
be permitted, upon such terms and conditions as may be 
specified by the highway commissioner from time to time. 

4. New and Existing Facilities. The highway commis- 
sioner may designate and establish limited access highways as 
new and additional facilities or may designate and establish 
any existing road, street or highway within the state as in- 
cluded within a limited access facihty. He shall have author- 
ity to provide for the elimination of intersections at grade of 
limited access facihties with any existing road, street or high- 
way, by grade separation or service road or by closing off such 
road, street, or highway at the right of way boundary line of 
such limited access facility; and after the establishment of 
any limited access facility, no road, street or highway which 
is not part of said facility shall intersect the same except at 
such locations and upon such conditions as the highway com- 
missioner shall approve. 

5. Local Service Roads. The highway commissioner is 
authorized to plan, designate, establish, use, regulate, alter, 
improve, maintain or discontinue any road, street or highway 
or portion thereof, or to designate as local service roads and 
streets any, existing road, street or highway, and to exercise 
jurisdiction over service roads in the same manner as is au- 
thorized over limited access facilities if in his opinion such 
local service roads are necessary or desirable. 

6. Signs. The location of fuel and other facilities on 
connecting service roads may be indicated to users of the 
limited access facility by appropriate signs, the specifications 
of which shall be determined by the state highway commis- 
sioner. 



288 Chapter 188 [1945 

7. Construction and Maintenance. Any limited access 
facility, service road, or alteration thereof shall be constructed 
with state or federal funds or both; and any limited access 
facility shall be maintained with state or federal funds or 
both. 

8. No Commercial Enterprises. No commercial enter- 
prise or activities shall be authorized or conducted by the 
state highway commissioner or any other agency of the state 
within or on the property acquired for or designated as 
limited access facility. 

9. Regulations; Posting. The highway commissioner 
may regulate, restrict, or prohibit the use of such limited 
access facilities by trucks, busses, and other commercial 
vehicles, may regulate or prohibit the use of such facilities by 
all other types of vehicles, and may regulate or prohibit the 
use of such facilities by pedestrians. Such regulations shall 
be posted on every such highway and a return thereof shall be 
filed with the state highway department to be kept in a special 
book which shall be open to public inspection. 

10. Penalty and Liability. Any person violating the 
provisions of such posted regulations shall be fined not more 
than one hundred dollars and shall be liable for all damage 
occasioned thereby. 

Part 8 
Discontinuance of Relocated Portions of Class I and Class II 

Highways 

1. Notice of Finding. Whenever the highway commis- 
sioner shall alter or relocate any portion of any class I or 
class II highway, and finds that there is no further occasion 
to use such portion for class I or class II highway purposes, 
he shall post notice of such finding in two public places in the 
town in which such land is situate and give notice in writing 
to the selectmen of such town. 

2. Determination by Selectmen. The selectmen of such 
town within sixty days after receiving such notice shall de- 
termine, after notice to the owners of land or abutting own- 
ers given in the same manner as provided for in the laying 
out of highways by selectmen, and hearing, whether there is 
occasion for the use of such portion for town highway pur- 
poses and shall notify the highway commissioner, in writing, 
of their determination. 

3. Reversion to Town. Upon the filing of notice with 
the highway commissioner that such occasion exists, the right 



1945] Chapter 188 289 

of way over such portion of land and title to any interest held 
by the state in such portion shall thereupon revert to or vest 
in such town, and the highway commissioner shall so certify 
in writing under oath to the selectmen, and the highway shall 
thereupon become a class V or class VI highway. 

4. Notice of Discontinuance. Upon the filing of notice 
with the highway commissioner that such occasion does not 
exist, or, in the event that the selectmen fail to take any 
action or notify the highway commissioner in writing of their 
determination within sixty days after the receipt of notice 
from him, the highway commissioner shall post notice in two 
public places in such town that such portion of highway is 
thereupon discontinued. 

5. Certification to Landowners. Upon such discontinu- 
ance, the highway commissioner shall certify in writing under 
oath to the owners of the land over which such discontinued 
portion of highway passed that such land is no longer subject 
to use for highway purposes. 

6. Recording of Certification. The certification by the 
highway commissioner shall be recorded by the town or owner 
of land to whom certification is made with the register of 
deeds for the county in which such land is situate. 

7. Assessment of Damages. Any person who sustains 
damages because of such discontinuance may petition for the 
assessment of damages to the superior court in the county in 
which such discontinued portion of highway is located within 
sixty days from the posting of notice of discontinuance, and 
not thereafter, and the court shall assess such damages, if 
any, by jury. 

8. Payment. The highway commissioner shall pay from 
funds of his department the amount of final judgment and 
costs. 

Part 9 
Discontinuance of Class IV, V, VI Highways 

1. Power to Discontinue. Any class IV, V, or VI high- 
way, or any portion thereof, in a town may be discontinued 
by vote of a town; provided, however, that any highway to 
public waters, or portion of such highway, laid out by a com- 
mission appointed by the governor and council, shall not be 
discontinued except with the consent of the governor and 
council. 

2. Subject to Gates and Bars. Any class IV, V, or VI 
highway, or any portion thereof, may be discontinued as an 



290 Chapter 188 [1945 

open highway and made subject to gates and bars, by vote 
of the town. 

3. Consent of Court. Towns may not discontinue or dis- 
continue as an open highway and make subject to gates and 
bars any highway concerning which proceedings are pending 
in court against the town for neglect or refusal to lay out, 
make or repair such highway, without the consent of the 
court. 

4. Appeal from Discontinuance; Damages. Any person 
or other town aggrieved by the vote of a town to discontinue 
any highway, or discontinue any highway as an open high- 
way and made subject to gates and bars, may appeal there- 
from to the superior court for the county in which such high- 
way is situate by petition within six months after the town 
has voted such discontinuance and not thereafter. Whenever 
any such petition is filed in the superior court the clerk shall 
issue an order of notice, with a copy of the petition, return- 
able at the next return day of court or at any special return 
day ordered by the court, and the petitioner shall cause a cer- 
tified copy of the same to be given to or left at the places of 
abode of one of the selectmen and the town clerk of each 
town in which the highway proposed to be discontinued is 
located, and give notice to the owners of land abutting on such 
highway in the same manner as required of selectmen in lay- 
ing out highways, at least fourteen days before such return 
day, and such other notice as the court shall order. Any per- 
son or town so notified may become a party to the proceedings 
by entering an appearance in such proceedings with the clerk 
of the superior court; and no person or town so notified shall 
after being so notified institute any additional appeal from the 
vote to discontinue such highway. Except as above provided, 
like proceedings shall be had on such petition as in the case 
of appeals in the laying out of class IV, V, and VI highways, 
and if the county commissioners report for such discontinu- 
ance they shall assess the damages sustained by any person 
within the town in which the highway has been discontinued. 

5. Petition for Assessment of Damages. Any person 
who sustains damages by the discontinuance of a highway, or 
by the discontinuance as an open highway and made subject 
to gates and bars, by vote of the town, and from which no 
appeal has been taken, may petition for the assessment of 
damages to the superior court in the county in which the high- 
way is situate within six months after the town has voted 



1945] Chapter 188 291 

such discontinuance, and not thereafter, and like proceedings 
shall be had as in the case of appeals in the laying out of 
class IV, V, and VI highways. 

6. Towns Not Liable After Discontinuance. Towns shall 
be relieved of all obligation to maintain, and all liability for 
damages incurred in the use of, discontinued highways or 
highways discontinued as open highways and made subject to 
gates and bars. 

7. Dedicated Ways. Any street, lane or alley within 
this state which has been dedicated to public use by being 
drawn or shown upon a plan of lands platted by the owner, 
and the sale of lots in accordance with such plan, shall be re- 
leased and discharged from all public servitude unless such 
street, lane or alley shall be opened, built or used for public 
travel within twenty years from such dedication. 

8. Release by Town. The mayor and aldermen of a city 
or the selectmen of a town may release and discharge any way 
dedicated as aforesaid, from all public servitude at any time 
after such dedication, upon petition by any interested party 
and notice and hearing thereon, whenever in their opinion 
such way will not be needed for the accommodation of public 
travel. All proceedings shall be conducted in the manner pro- 
vided for the laying out of highways, and any interested party 
may appeal to the superior court from the decision, as in the 
case of petitions for laying out highways. 

Part 10 

State Highway Department 

1. Purpose. There shall be a department for the laying 
out, construction, reconstruction and maintenance of highways 
constructed or maintained in whole or in part by the use of 
state funds which shall be known as the state highway de- 
partment. 

2. Commissioner. The governor, with the advice and 
consent of the council, shall appoint a highway commissioner 
who shall be skilled in the construction and maintenance of 
highways. He shall hold office for a term of five years from 
the date of his appointment, and until his successor is 
appointed and qualified, and a vacancy in such office shall be 
filled for the unexpired term. 

3. Removal. The governor and council may at any time 
remove such commissioner for inefficiency, neglect of duty, or 
malfeasance in office, but he shall not be so removed without 



292 Chapter 188 [1945 

a hearing, after notice in writing of the charges against him. 

4. Salary. The annual salary of the highway commis- 
sioner shall be fifty-five hundred dollars, together with his 
actual expenses when on official duty elsewhere than in the 
office of the department. 

5. Assistant Commissioner. The highway commissioner 
shall appoint an assistant highway commissioner and prescribe 
his duties. He shall hold oflSce at the pleasure of the commis- 
sioner or be removed for cause by the governor with the 
advice of the council. In case of absence or disability of the 
commissioner, or in case of vacancy in the office of commis- 
sioner and until such vacancy is filled, he shall have the 
powers and perform the duties of highway commissioner. His 
salary shall be determined by the commissioner with the 
approval of the governor and council. 

6. Offices; Assistants. The highway commissioner shall 
be provided with suitable quarters for his office and that of 
the department and may employ such expert, clerical and 
other assistance as he may deern necessary to carry out the 
duties incumbent upon his office, subject to the approval of 
the governor and council as to compensation. 

7. Powers. The highway commissioner shall exercise 
general supervision, control, and direction, on behalf of the 
state, over all matters pertaining to the location, route, alter- 
ation, construction, reconstruction, maintenance and dis- 
continuance of highways constructed or maintained wholly by 
the state, or in part by the state with the use of state aid or 
town road aid funds, the method and type of construction and 
kind and qualify of materials to be used, the manner in which 
such highways shall be maintained, the purchase, planting 
and maintenance of trees and shrubs for shade, landscaping, 
or prevention of soil erosion, the location, construction and 
maintenance of roadside parks, and all other matters perti- 
nent to highways now or hereafter built or maintained, either 
in whole or in part, with money appropriated from the 
state treasury. 

8. Expenditures. With the approval of the governor 
and council the highway commissioner may use the funds 
accruing to the department for construction and recon- 
struction and maintenance of class I highways and bridges 
thereon, for aid in construction and reconstruction of class II 
highways and bridges thereon, for maintenance and recon- 
struction of class II highways and bridges thereon, for mainte- 



1945] Chapter 188 293 

nance and reconstruction of class III highways, for aid 
in construction, reconstruction, and maintenance of class V 
highways and aid in the construction of bridges thereon, for 
the providing and maintenance of buildings, equipment, and 
supplies, for highway purposes, for the costs of administra- 
tion, and for such other purposes as may be provided by law. 

9. Purchase of Materials. The highway commissioner 
may purchase, take and hold for the state such material or 
land as may be necessary to secure gravel, stone or other 
material necessary for the improvement of said highways. 

10. Taking; Damages. If the highway commissioner is 
unable to purchase such material or land at what he considers 
a reasonable compensation he shall request the governor and 
council to appoint a commission to assess the damages sus- 
tained by the owner, and thereupon proceedings shall be had 
in the same manner as for the assessment of damages by a 
commission for land taken for highway purposes. 

11. Acquisition and Disposal of Land or Property. The 
highway commissioner may acquire, by agreement with the 
owner, lands and property or any interest therein for high- 
way purposes in the name of the state at what he considers 
a reasonable compensation, and, with the approval of the gov- 
ernor and council, may sell, convey, or lease, in the name of 
the state, any land or property or any interest therein which 
the state has acquired for highway purposes. 

12. Right to Enter. The highway commissioner and his 
agents may enter private lands to make surveys and establish 
boundaries of highways. 

13. Snow Fences; Construction and Removal. The state 
highway department may, after the month of October, erect a 
fence upon property adjacent to any class I, II, or III highway 
in order to prevent snow from drifting thereon. The view 
from the landowner's buildings shall not be obstructed by such 
fence unless he consents, and the fence shall be removed on 
or before April first. 

14. Damages. The landowner shall be entitled to 
damages sustained by the erection, maintenance, and removal 
of such fence. If the highway commissioner and the land- 
owner are unable to agree on such damages the highway com- 
missioner shall assess the damages sustained. 

15. Appeal. The landowner may petition for the assess- 
ment of damages to the superior court in the county in which 
such land is situate within sixty days, and not thereafter, 



294 Chapter 188 [1945 

from his receipt of notice of the assessment of damages, and 
the court shall assess such damages, if any, by jury, 

16. Reestablishment of Highway Boundaries. Whenever 
in the opinion of the highway commissioner the boundary 
lines, limits, or location of any class I or class II highway, or 
any part thereof, shall have become lost, uncertain, or doubt- 
ful, he may reestablish the same as, in his opinion, they were 
originally established. He shall give in hand to, or send by 
registered mail to the last known address of, all persons claim- 
ing ownership of or interest in the land adjoining such re- 
established highway and to the owners of property within the 
limits thereof, and file with the town clerk of the town in 
which the highway is located, and with the secretary of state, 
maps showing the boundary lines, limits, or location of such 
reestablished highway, and such lines, boundaries, limits and 
location, as reestablished, shall be the lines, boundaries, limits 
and location of such highway. Any person aggrieved by the 
reestablishment of such lines, boundaries, limits and location 
may petition for the assessment of damages to the superior 
court in the county where the reestablished highway is located 
within sixty days from the date of filing of such maps with 
the secretary of state, and not thereafter, and the court shall 
assess the damages, if any, by jury, provided such re- 
established lines, boundaries, limits or location are not the 
same as originally established. The highway commissioner 
shall pay from the funds of his department all expenses in- 
curred hereunder and the amount of final judgment and costs. 

17. Reclassification of Relocated Portions. Whenever 
the highway commissioner shall alter or relocate any portion 
of any class I or class II highway and finds that there is 
further occasion to use such portion for highway purposes, 
he may reassign such portion to another classification; and 
upon reassignment of any such portion to a class V highway 
he shall determine, and allot, what sum, if any, the state shall 
contribute toward its maintenance. He may, in the exercise 
of his discretion, supervise and direct the expenditure of such 
sum. 

18. Closing Highways; Detours; Penalty. The highway 
commissioner may, by appropriate barriers and signs, close or 
regulate travel on any class I, class II or class III highway or 
bridge thereon when the public welfare or necessity so re- 
quires, or in order to perform work on any such highway or 
bridge, and may establish, maintain and mark detours. Any 



1945] . Chapter 188 295 

person who travels on such closed highway or bridge, or who 
violates the provisions of such regulations, shall be fined not 
more than one hundred dollars. 

19. Interstate Bridges. The highway commissioner 
with the approval of the governor and council may contract 
with the officials of any adjoining state or political subdivision 
thereof for the construction, reconstruction, and maintenance 
of any bridge crossing the boundary line between New Hamp- 
shire and such adjoining state on a class I or class II high- 
way, and for the proportion which each state shall contribute 
towards the cost thereof. 

20. Report. The highway commissioner shall annually 
report to the governor and council the work done and ex- 
penditures incurred by his department for the year ending 
December thirty-first. 

21. Disposal of Papers. The highway commissioner 
may destroy any labor returns and bills against the state 
highway department which have been on file in his office for 
more than six years and which, in his opinion, are no longer 
of any value to the state. 

22. Certified Copies. Copies of records, papers and 
plans in the office of the highway commissioner, when certified 
by the commissioner or assistant commissioner under oath to 
be true copies, shall be evidence in like manner as the 
originals. 

23. Engineers. Upon the application of any county, 
city, town, or unincorporated place, the highway commissioner 
may furnish to it, free of charge, the services of an engineer 
for the purpose of consultation and advice on matters pertain- 
ing to highways. 

Advisory Supervision of Highway Agents 

24. Meetings. It shall be the duty of the highway com- 
missioner, in the months of March, April or May in each year, 
to provide for the holding of meetings of town and city high- 
way agents at convenient points within the state, at which 
advice and instruction shall be given relative to the care and 
maintenance of local highways ; and any town or city highway 
agent attending such meetings shall be reimbursed for his 
time and necessary expenditure of money while attending by 
the town or city which he represents. 

25. Supervision. It shall be the duty of the highway 
commissioner to provide some competent representative who 



296 Chapter 188 [1945 

shall, at least once each month during the months from April 
to November, inclusive, in each year, confer and advise with 
the highway agent or agents of each town and city within the 
state as to the best methods of care and maintenance of local 
highways within the respective towns and cities. 

Part 11 

Accep'tance of Federal Aid Acts 

1. Provisions Accepted. The provisions of the Federal- 
Aid Road Act, approved July 11, 1916, entitled "An Act to 
provide that the United States shall aid the states in the con- 
struction of rural post roads and for other purposes," and all 
acts amendatory thereof and supplementary thereto, are 
assented to, and the state highway department through its 
commissioner is authorized to make the necessary surveys and 
estimates to carry out the provisions of said acts. 

2. Faith and Credit Pledged. The faith and credit of 
the state are pledged to make adequate provision, from time 
to time, by appropriation or otherwise, to meet all obligations 
of the state incident to the acceptance of federal aid under 
the provisions of said act. 

3. Expenditures. To meet such obligations the high- 
way commissioner is authorized to use any money appro- 
priated for highways not specifically required to be used 
elsewhere. 

4. Commissioner's Authority. The highway commis- 
sioner is authorized to act for the state or any of its political 
subdivisions in conjunction with the representatives of the 
federal government in all matters relating to the location and 
construction of highways, including flight strips, to be built 
with federal aid, to establish urban areas, and to take such 
action as may be necessary to secure to the state the aid and 
benefits of the provisions of said act and all amendments 
thereto, including the Federal-Aid Highway Act of 1944, and 
of the provisions of the Federal Highway Act of November 9, 
1921 and all amendments thereto. 

5. Maintenance. Where, under the provisions hereof, 
improvements are made within the limits of compact sections 
of towns of over twenty-five hundred inhabitants or upon 
highways not regularly maintained by the state, the same 
shall thereafter be maintained by said town to the satisfaction 
of the highway commissioner. In case any town shall fail to 



1945] Chapter 188 297 

properly maintain said highway, it shall be maintained under 
the direction of the commissioner at the expense of the state, 
and the cost thereof shall be paid by such town to the state 
treasurer; and in default of such payment the state treasurer 
may issue an extent as provided in chapter 86, Revised Laws, 
for the collection of such paymeni. 

6. Interstate Highways. The highway commissioner is 
authorized to make initial selection within the state of the 
routes of the national system of interstate highways and to 
take joint action with the state highway departments of the 
adjoining states to select the routes of such system, as pro- 
vided in the Federal Highway Act of November 9, 1921 and 
the Federal-Aid Highway Act of 1944. 

Part 12 

Class II Highways, State Aid 

1. Designation for Improvement. The highway com- 
missioner, whenever in his opinion the public good so re- 
quires, may designate for improvement, subject to the 
approval of the governor and council, any class II highway or 
portion thereof, 

2. Maintenance; Improved Portions. Upon the com- 
pletion of such improvement to the satisfaction of the high- 
way comm.issioner, the state highway department shall assume 
full control and pay the cost of reconstruction and mainte- 
nance. 

3. Unimproved Portions. All portions of class II high- 
ways which have not been improved to the satisfaction of the 
highway commissioner shall be maintained by the city or 
town in which they are located. 

State Aid 

4. Notice to Towns. On or before February fifteenth in 
each year the highway commissioner shall notify all cities 
and towns of the amounts to which they are entitled for state 
aid for the construction of class II highways, and shall 
designate the highway location on which such funds shall be 
expended. 

5. Application for State Aid. A city or town may apply 
to the highway commissioner for state aid on or before the 
first day of May in each year in the manner prescribed by him 
and such application shall state that such city or town has 



298 Chapter 188 [1945 

raised, appropriated, or set aside its contribution required for 
state aid. 

6. Contribution by Town. If any city or town desires 
state aid for the purpose of constructing a section of class II 
highway, it shall raise, appropriate, or set aside from the 
amount of money annually raised and appropriated for the 
repair of highways the following: Towns having a valuation 
of less than two million dollars, one dollar and fifty cents on 
each one thousand dollars of their valuation; towns of two 
million dollars and less than three million dollars valuation, 
one dollar and twelve and one-half cents on each one thousand 
dollars ; towns of three million dollars and less than five million 
dollars, seventy-five cents on each one thousand dollars ; towns 
of five million dollars and less than fifteen million dollars, fifty 
cents on each one thousand dollars, and towns of fifteen milhon 
dollars and upwards, thirty-seven and one-half cents on each 
one thousand dollars. In no case shall the contribution of any 
city or town exceed the amount allotted and apportioned to it 
by the state. 

7. Apportionment. The highway commissioner shall 
apportion from the highway funds to each city and town 
which has duly applied for state aid, for each dollar so set 
apart by them the following amounts: To those having a 
valuation of less than one million dollars, two dollars for each 
one dollar of the required contribution to receive state aid, 
but in no case shall the state's share be less than one thou- 
sand dollars ; to those having a valuation of one million dollars 
and less than three million dollars, one dollar; to those having 
a valuation of three million dollars and less than ten million 
dollars, seventy-five cents; to those having a valuation of ten 
million dollars and upwards, fifty cents. 

8. Joint Fund Expenditure. Fifty per cent of the con- 
tribution of a city or town for state aid shall be remitted to 
the highway commissioner before any state aid project is be- 
gun, and the balance shall be remitted prior to the completion 
of the project, or by December first of the same year if the 
project is not then conipleted, and such contribution, together 
with the amount apportioned to it by the highway commis- 
sioner, shall constitute a joint fund to be expended under the 
supervision of the commissioner for the construction of only 
such class II highways within such city or town as the com- 
missioner shall have designated before the fifteenth day 



1945] Chapter 188 299 

of February of each year, and such joint fund shall be ex- 
pended in accordance with specifications provided by the com- 
missioner under the direction of a person or persons appointed 
by the selectmen of a town, or by such board as has juris- 
diction over highway expenditures in a city, and approved by 
the highway commissioner, except that no portion of such 
joint fund shall be expended in compact sections. 

9. State Aid for Reconstruction. Any city or town in 
which all class II highways have been completed and which 
desires to reconstruct a class II highway prior to the determi- 
nation of the highway commissioner to reconstruct such high- 
way may raise, appropriate, or set aside its contribution and 
apply for state aid in the same manner as provided for state 
aid in the construction of class II highways, and the commis- 
sioner may thereupon apportion state aid to such city or town 
for the reconstruction of such highway in the same manner 
and to the same extent and subject to the same provisions as 
provided for state aid for construction of class II highways. 

10. Unexpended Funds. Any part of such joint fund 
not expended during the year for which it is set apart and 
apportioned may be expended on class II highways during any 
succeeding year at the discretion of the highway commis- 
sioner. 

11. Surplus Funds After Completion. Whenever, upon 
the completion of all class II highways in any city or town, 
the joint fund has not been expended in full, the unexpended 
balance shall revert to the state and city or town in the same 
proportion as each contributed, and such city or town, upon 
application in writing to the highway commissioner within 
thirty days after receipt of its share of such unexpended 
balance, shall be entitled to a proportional part of the sum to 
which it would have been entitled for town road aid for that 
year, the proportion being based on the ratio which the unex- 
pended part of the state's share of the joint fund for state aid 
in that town bears to the total amount contributed by the state 
to such joint fund, provided, however, that such city or town 
shall remit to the highway commissioner at the time of appli- 
cation the same proportional part of the contribution which 
would have been required for such city or town to have re- 
ceived town road aid for that year, 

12. Additional Payment by State. Where it appears that 
the class II highway designated for improvement by the com- 



300 Chapter 188 [1945 

missioner is of no particular benefit to a town, or, in cases 
where a town is unable to pay its proportion of such cost, the 
commissioner may, with the approval of the governor and 
council, pay such further expense as he may deem equitable. 

State Aid During World War II 
13. Suspended. All state aid construction for class II 
highways is suspended during the emergency created by 
World War II, and such emergency shall end six months after 
the cessation of actual combat or prior to that time provided 
that the governor, with advice of the council, declares that 
such emergency is ended for the purpose of state aid for 
class II highways. 

Part 13 

Town Road Aid and Allotment for Maintenance 
Town Road Aid 

1. Towns Entitled to Town Road Aid. Any city, town 
or unincorporated place which has completed its class II high- 
ways shall be entitled to town road aid for construction, 
maintenance, and reconstruction of rural post roads and 
class V highways, provided, however, that towns having five 
miles or more of uncompleted class II highways shall be en- 
titled to either town road aid or state aid or both. 

2. No»tice to Towns. On or before February fifteenth in 
each year the highway commissioner shall notify all cities, 
towns, and unincorporated places of the amounts to which 
they are entitled for town road aid for the construction, 
maintenance or reconstruction of class V highways. 

3. Application. A city, town, or unincorporated place 
may apply to the highway commissioner for town road aid on 
or before the first day of May in each year in the manner pre- 
scribed by him, and such application sl^all state that such city 
or town has raised, appropriated, or set aside its contribution 
required for town road aid. Applications for town road aid 
for unincorporated places shall be made by the county com- 
missioners who shall set apart the required contribution from 
the money raised and appropriated for the repair of highways 
within the county. 

4. Contribution. Any city, town, or unincorporated 
place which applies for town road aid upon class V highways 
shall raise, appropriate or set aside an amount equal to 
twenty-five per cent of the apportionment made to it for town 



1945] Chapter 188 301 

road aid by the highway commissioner. In no case shall its 
share exceed the amount that it would have to set aside or 
raise in order to secure state aid for class II highways. 

5. Apportionment. The highway commissioner shall 
apportion, on the basis of a sum of not less than five hundred 
fifty thousand dollars, to each city, town, and unincorporated 
town or place, an amount based on the mileage of regularly 
maintained class V roads and the population as follows: 
Four-fifths of the allotment herein provided shall be appor- 
tioned to cities and towns and unincorporated places in direct 
proportion as the mileage of regularly maintained class V 
roads in each city, town, or unincorporated place bears to the 
total mileage of regularly maintained class V roads in the 
state, and one-fifth in direct proportion as the population of 
each city, town, or unincorporated place bears to the total 
population of the state. 

6. Joint Fund Expenditure. Fifty per cent of the con- 
tribution of a city, town, or unincorporated place for town 
road aid shall be remitted to the highway commissioner before 
any town road aid project is begun, and the balance shall be 
remitted prior to the completion of the project, or by Decem- 
ber first of the same year if the project is not then completed, 
and such contribution, together with the amount apportioned 
to it by the highway commissioner, shall constitute a joint 
fund to be expended for the construction, maintenance, or re- 
construction of class V highways and rural post roads under 
the supervision of, and on locations approved by, the high- 
way commissioner, and such joint fund shall be expended in 
accordance with specifications provided by the commissioner 
under the direction of a person or persons appointed by the 
selectmen of a town, or by the county commissioners for 
funds to be expended in unincorporated places, or by such 
board as has jurisdiction over highway expenditures in a city, 
and approved by the highway commissioner, except that no 
portion of such joint funds shall be expended in compact sec- 
tions. Not more than fifteen hundred dollars shall be ex- 
pended for each mile of road improved in any one year from 
such joint fund except by written permission of the highway 
commissioner. 

7. Unexpended Funds. Any part of such joint fund not 
expended during the year for which it is set apart and 
apportioned shall be expended on class V highways during any 



302 Chapter 188 [1945 

succeeding year, provided, however, that if the mayor of a 
city or selectmen of a town or the county commissioners for 
an unincorporated place shall make application in writing to 
the highway commissioner on or before the fifteenth day of 
December of any year in which an unexpended balance exists 
he may, in the exercise of his discretion, remit to such city, 
town, or county commissioners for an unincorporated place its 
proportionate share of the unexpended balance of such joint 
fund. 

Allotment to Towns for Maintenance 

8. Allotment by State. In the month of July of each 
year, the highway commissioner shall allot to each town, from 
the funds accruing to the highway department, a sum 
sufficient, when added to the amount which might be derived 
by a tax of fifty cents on each one hundred dollars of assessed 
valuation of the preceding year, to equal ninety dollars for 
each mile of regularly maintained class V highway in such 
town; provided, however, that no allotment shall be made to 
any town in which a tax of fifty cents on each one hundred 
dollars of assessed valuation of the preceding year would pro- 
duce an amount in excess of ninety dollars for each mile of 
regularly maintained class V highway in such town. 

9. Use of Allotment. The sum so allotted shall be used 
for the care and maintenance of class V highways, and for no 
other purpose. 

10. Rights Not Affected. Nothing in this subdivision 
shall be construed as prohibiting any town from appropriating 
a sum in excess of ninety dollars per mile of regularly main- 
tained class V highway, nor shall such excess appropriation 
operate to deprive such town of any benefits accruing under 
this subdivision. 

Part 14 

State and Town Bridge Aid 

1. Bridge Defined. The word bridge when used herein 
shall mean a structure, having a clear span of ten feet or 
more measured along the center line of the roadway at the 
elevation of the bridge seats, spanning a water course or other 
opening or obstruction, on a public highway to carry the 
traffic across, and shall include .the substructure, super- 
structure and approaches thereto. 



1945] , Chapter 188 303 

2. Approaches, Limits of. The highway commissioner 
shall determine the limits of the approaches to all bridges con- 
structed with state aid or town aid bridge funds. 

3. Capacity. All bridges constructed with state bridge 
aid or town bridge aid funds shall have a carrying capacity of 
at least fifteen tons. 

4. Application. The selectmen of a town, the mayor of 
a city, or the county commissioners for an unincorporated 
place may apply to the highway commissioner in the manner 
by him prescribed for state bridge aid for a bridge on a 
class II highway, and, provided that all bridges on class II 
highways in such city, town, or unincorporated place are 
satisfactory to the highway commissioner, may in like manner 
annually apply for town bridge aid for one bridge on a class V 
highway. 

5. Date of Application; Priority. Applications shall be 
made on or before the first day of May in any year and shall 
be considered in the order of their receipt by the highway 
commissioner, and if the available money for any year is ex- 
hausted before all applications are considered the remaining 
applications shall be returned to the applicant without action 
thereon. 

6. Emergency. Whenever additional bridges within any 
city, town, or unincorporated place, in the opinion of the high- 
way commissioner, require construction or reconstruction be- 
cause of an emergency, such city, town, or unincorporated 
place may apply at any time for state or town bridge aid for 
such bridges, and such applications shall receive priority over 
all others. An emergency shall not be deemed to have been 
created, if, in the opinion of the highway commissioner, any 
bridge has been destroyed or rendered unsafe for travel by 
failure of the municipality to maintain the bridge in suitable 
repair. 

7. Determination of Necessity. The selectmen of a 
town, the mayor of a city, or the county commissioners for an 
unincorporated place, together with the highway commis- 
sioner or his representative and the member of the governor's 
council in whose district the bridge is located, shall constitute 
a board to determine whether public convenience and necessity 
require the construction or reconstruction of the bridge, and 
when the bridge crosses the boundary line between two muni- 



304 Chapter 188 [1945 

cipalities within the state the municipal officers of each shall 
sit upon the board. 

8. Plans and Estimates. When the board by unanimous 
vote has decided that public convenience and necessity require 
the construction or reconstruction of a bridge the highway 
commissioner shall prepare plans, specifications and estimates 
of the cost of such construction and at a subsequent meeting 
of the board submit the same for approval. 

9. Cost; How Borne; State Bridge Aid. When public 
convenience and necessity require the construction or recon- 
struction of any bridge on a class II highway the cost there- 
of shall be borne as follows: 

I. In towns whose valuation does not exceed $250,000 : 
The town shall pay one-third and the state two-thirds for 
bridges whose cost does not exceed $3,000; the town shall pay 
one-fourth and the state three-fourths for bridges whose 
cost is more than $3,000 and does not exceed $6,000 provided 
that the town's share shall not be less than $1,000; the town 
shall pay one-fifth and the state four-fifths for bridges whose 
cost is more than $6,000 and does not exceed $16,000 pro- 
vided that the town's share shall not be less than $1,500; the 
town shall pay one-sixth and the state five-sixths for bridges 
whose cost exceeds $16,000 provided that the town's share 
shall not be less than $3,200 and the state's share not more 
than $20,000. 

II. In towns whose valuation is more than $250,000 
and not more than $500,000: The town shall pay one-half 
and the state one-half for bridges whose cost does not ex- 
ceed $3,000; the town shall pay one-third and the state two- 
thirds for bridges whose cost is more than $3,000 and does 
not exceed $6,000 provided that the town's share shall not be 
less than $1,500; the town shall pay one-fourth and the state 
three-fourths for bridges whose cost is more than $6,000 and 
does not exceed $16,000 provided that the town's share shall 
not be less than $2,000; the town shall pay one-fifth and the 
state four-fifths for bridges whose cost exceeds $16,000 pro- 
vided that the town's share shall not be less than $4,000 and 
the state's share not more than $20,000. 

III. In towns whose valuation is more than $500,000 
and not more than $1,000,000: The town shall 'pay one-half 
and the state one-half for bridges whose cost does not exceed 
$6,000; the town shall pay one-third and the state two-thirds 



1945] Chapter 188 305 

for bridges whose cost is more than $6,000 and does not ex- 
ceed $16,000 provided that the town's share shall not be less 
than $3,000; the town shall pay one-fourth and the state 
three-fourths for bridges whose cost exceeds $16,000 provided 
that the town's share shall not be less than $5,333 and the 
state's share not more than $20,000. 

IV. In towns whose valuation is more than $1,000,000 
and not more than $1,500,000: The town shall pay one-half 
and the state one-half for bridges whose cost does not exceed 
$16,000; the town shall pay one-third and the state two-thirds 
for bridges whose cost exceeds $16,000 provided that the 
town's share shall not be less than $8,000 and the state's share 
not more than $20,000. 

V. In towns whose valuation is more than $1,500,000 : 
The town shall pay one-half and the ' state one-half for all 
bridges, provided that the state's share shall not exceed 
$20,000. 

10. Town Bridge Aid. When public convenience and 
necessity require the construction or reconstruction of any 
bridge on a class V highway the cost thereof shall be borne as 
follows : 

I. In towns whose valuation does not exceed $250,000 : 
The state shall pay fifty per cent and the town fifty per cent 
for bridges whose cost does not exceed $3,000; the state shall 
pay fifty-five per cent and the town forty-five per cent for 
bridges whose cost is more than $3,000 and does not exceed 
$6,000 provided that the town's share shall not be less than 
$1,500; the state shall pay sixty per cent and the town forty 
per cent for bridges whose cost is more than $6,000 and does 
not exceed $16,000 provided that the town's share shall not 
be less than $2,700; the state shall pay sixty-five per cent and 
the town thirty-five per cent for bridges whose cost exceeds 
$16,000 provided that the town's share shall not be less than 
$6,400 and the state's share not more than $15,000. 

II. In towns whose valuation is more than $250,000 
and not more than $500,000: The state shall pay forty per 
cent and the town sixty per cent for bridges whose cost does 
not exceed ^3,000; the state shall pay fifty per cent and the 
town fifty per cent for bridges whose cost is more than $3,000 
and does not exceed $6,000 provided that the town's share 
shall not be less than $1,800; the state shall pay fifty-five per 
cent and the town forty-five per cent for bridges whose cost 



306 Chapter 188 [1945 

is more than $6,000 and does not exceed $16,000 provided 
that the town's share shall not be less than $3,000; the state 
shall pay sixty per cent and the town forty per cent for 
bridges whose cost exceeds $16,000 provided that the town's 
share shall not be less than $7,200 and the state's share not 
more than $15,000. 

III. In towns whose valuation is more than $500,000 
and not more than $1,000,000: The state shall pay forty per 
cent and the town sixty per cent for bridges whose cost does 
not exceed $6,000; the state shall pay fifty per cent and the 
town fifty per cent for bridges whose cost is more than $6,000 
and does not exceed $16,000 provided that the town's share 
shall not be less than $3,600; the state shall pay fifty-five per 
cent and the town forty-five per cent for bridges whose cost 
exceeds $16,000 provided that the town's share shall not be 
less than $8,000 and the state's share shall not be more than 
$15,000. 

IV. In towns whose valuation is more than $1,000,000 
and not more than $1,500,000: The state shall pay forty per 
cent and the town sixty per cent for bridges whose cost does 
not exceed $16,000; the state shall pay fifty per cent and the 
town fifty per cent for bridges whose cost exceeds $16,000 
provided that the town's share shall not be less than $9,600 
and the state's share shall not be more than $15,000. 

V. In towns whose valuation is more than $1,500,000 
the state shall pay forty per cent and the town sixty per cent 
for all bridges provided that the state's share shall not exceed 
$15,000. 

11. In Two Municipalities. When a bridge crosses the 
boundary line between two municipalities within the state, 
the proportion of the cost to be borne by the state shall be 
determined on the basis of one-half of the combined valuations 
of the two municipalities, and the balance of the cost shall be 
borne by the municipalities in proportion to their last valu- 
ations. 

12. Interstate Bridges. Any city or town may contract 
with any adjoining state or with a political subdivision thereof 
for the construction, reconstruction and maintenance of any 
bridge crossing the boundary line between New Hampshire 
and such adjoining state on a class IV or class V highway and 
for the proportion which the city or town in New Ham.pshire 
shall contribute towards the cost thereof. 



1945] Chapter 188 307 

13. Bridges in Unincorporated Places. Whenever a 
bridge is to be constructed or reconstructed with state bridge 
aid or town bridge aid in an unincorporated place the county 
commissioners shall set apart and remit the cost to be borne 
by such place from the money raised and appropriated for 
the repair or construction of highways within the county. 

14. Construction to Begin. Whenever after a majority 
of the board approves the plans and specifications and the 
municipality or municipalities interested shall have raised or 
set aside their proportional share of the estimated cost the 
highway commissioner shall proceed with the construction of 
the bridge. 

15. Joint Fund Expenditure. Fifty per cent of the con- 
tribution of the municipality or municipalities shall be re- 
mitted to the highway commissioner before any such bridge 
project is begun, and the balance shall be remitted prior to 
the completion of the project, or by December first of the 
same year if the project is not then completed, and such con- 
tribution together with the amount contributed by the state 
shall constitute a joint fund to be expended under the super- 
vision and direction of the highway commissioner. 

16. Account. On completion of any bridge he shall 
render an itemized statement of the complete cost of construc- 
tion to the municipality or municipalities interested. 

17. Balance; Deficit. Whenever, upon the completion of 
the bridge, the joint fund has not been expended in full, the 
unexpended balance shall revert to the state and municipality 
or municipalities in the same proportion as each contributed; 
and, whenever the cost of construction has exceeded the 
estimated cost, the municipality or municipalities interested 
shall forthwith, upon receipt of the itemized statement from 
the highway commissioner, remit to him their proportional 
shares of such additional cost. 

18. Maintenance, State Aid Bridges. All bridges con- 
structed or reconstructed with state bridge aid funds and 
which are located on class II highways shall be maintained by 
the state. 

19. Town Aid Bridges. All bridges constructed or re- 
constructed with town bridge aid funds shall be maintained 
and repaired to the satisfaction of the highway commissioner 
by the towns in which such bridges are located. In case any 
city, town or unincorporated place whose duty it is to main- 



308 Chapter 188 [1945 

tain and repair any such bridge neglects to maintain, or to 
make repairs, as ordered by the highway commissioner, such 
maintenance work or repairs shall be done under his direction 
at the expense of the state, and the cost thereof plus six per 
cent shall be paid by such city, town, or place to the state 
treasurer; and in default of such payment the state treasurer 
may issue an extent as provided in chapter 86, Revised Laws, 
for the collection of such payment. 

Town Bridge Aid During World War II 
20. Suspended. All town bridge aid for the construction 
and reconstruction of bridges on class V highways is 
suspended during the emergency created by World War II, 
and such emergency shall end six months after the cessation 
of actual combat or prior to that time provided that the gov- 
ernor, with advice of the council, declares that such emergency 
is ended for the purpose of town bridge aid for bridges on 
class V highways. 

Part 15 

Workmen on Joint Fund Projects 

1. Work Done by Private Contractor. The highway 
commissioner shall require every private contractor engaged 
in construction or maintenance work by contract with the 
state, county, city or town, on any state, state aid or town aid 
highway or bridge project, and who employs five or more per- 
sons in the state, to file with the commissioner of labor and 
highway commissioner of this state a declaration of accept- 
ance of the provisions of sections 6 to 42 of Revised Laws, 
chapter 216, entitled "Employers' Liability and Workmen's 
Compensation" before any work is begun on such project. 

2. Workmen to be Town Employees. Every workman 
on every state aid or town aid highway or bridge project, ex- 
cept workmen employed by the state highway department in 
its engineering force or by private contractor engaged in con- 
struction or maintenance work on such project by contract 
with the state, county, city or town, shall be deemed to be in 
the employ of the county, city or town contributing to the 
cost of such project and not in the employ of the state. 

3. Insurance; Charge Against Joint Fund. When any 
county, town or city may have accepted the provisions of 
sections 6 to 42 of chapter 216 of the Revised Laws pursuant 



1945] Chapter 188 309 

to section 5 thereof and in which county, town or city there 
are spent state funds on any state aid or town aid highway or 
bridge project, the joint fund for such project may be charged 
that portion of premiums it pays for workmen's compensation 
insurance which the highway commissioner determines to be 
the amount which should be allocated to such project. 

Part 16 

Repair of Highways by Towns 
Highway Taxes 

1. Levy. Each town shall, at each annual meeting, raise 
and appropriate for the repair of highways and bridges with- 
in such town a sum not less than one-fourth of one per cent 
of the valuation of the ratable estate on which other taxes are 
assessed by the town; and in addition thereto may raise as 
much more as it may deem necessary ; providing, that no town 
shall be required to raise under the provisions of this part 
more than fifty dollars per mile for the repair of highways and 
bridges regularly maintained within the town. 

2. Collection. All appropriations for the repair of high- 
ways in towns shall be committed to the collector of taxes and 
be collected as other taxes. 

3. Expenditure. The money so raised and collected shall 
be expended in repairing class IV and class V highways by 
the agents elected or appointed for the purpose, under the 
direction of the selectmen. 

4. Insufficiency of Taxes. If the highway taxes in any 
town are insufficient for the suitable repair of highways and 
bridges therein the selectmen may cause them to be put in 
repair at the expense of the town. 

Repair of Highways 

5. Repair by Contract. Towns may, by vote or by-law, 
authorize their selectmen to contract for keeping their high- 
ways and bridges, or any part thereof, in repair for a term 
not exceeding five years. 

6. Highway Agents. At the annual meeting each town 
shall elect by ballot, or by major vote authorize the selectmen 
to appoint, one or more highway agents, who, under the 
direction of the selectmen, shall have charge of the con- 
struction, maintenance, and repair of all town highways and 
bridges and the maintenance and repair of all sidewalks with- 



310 Chapter 188 [1945 

in the town, except as provided in the laws pertaining to state 
aid for highways and bridges and town road and bridge aid, 
and shall have authority to employ the necessary men and 
equipment, and purchase timber, planks, and other material 
for construction and repair of such highways and bridges; 
and they may remove gravel, rocks, or other materials from 
one part of the town to another, doing no damage to adjoining 
land, for the purpose of grading or otherwise repairing the 
same. A vote authorizing appointment of highway agents 
shall continue in effect until changed by major vote at an 
annual or special meeting. 

7. Expert Agent. The town may vote at the annual 
meeting to instruct its selectmen to appoint an expert highway 
agent, who, under the direction of the selectmen, shall have 
the same power and perform the same duties as a highway 
agent elected by the town. 

8. Oath; Bond. Highway agents and expert highway 
agents shall be sworn to the faithful discharge of their duty, 
give bonds to the satisfaction of the selectmen for the faith- 
ful performance of the duties of the office, and be responsible 
to them for the expenditure of money and the discharge of 
their duties generally. 

9. Compensation; Statements. The compensation of 
such agents shall be fixed by the town or selectmen, and they 
shall render to the selectmen weekly statements of their ex- 
penditures, and shall receive money from the treasurer only 
on the order of the selectmen. 

10. Vacancy or Disability. If a town fails to elect at its 
annual meeting, or a person chosen as highway agent fails to 
qualify before April first, the office shall be deemed vacant, 
and shall be filled by the selectmen by appointment. In the 
event of a vacancy caused by death or otherwise, the select- 
men shall appoint some competent person for the unexpired 
term, and in the event of temporary disability or absence the 
selectmen may appoint some competent person for the period 
of such disability or absence. 

11. Accounts. Highway agents shall keep accurate 
accounts, showing in detail all moneys received by them, from 
whom and when received, and all moneys paid out by them, to 
whom and for what purpose. They shall settle their accounts 
before January first annually, and the same shall be printed 
in the annual town report in detail. 



1945] Chapter 188 311 

12. Term. They shall hold their respective offices for 
the term of one year from the date of their qualification, or un- 
til the election, or appointment and qualification, of their 
respective successors. 

13. Gravel May Be Taken. Where [when] there shall be 
occasion for soil, gravel or hardpan to repair the highways 
maintained by any town, and the same cannot be obtained by 
agreement with the owner thereof, a lot not exceeding half an 
acre may be taken by the selectmen, upon petition for that 
purpose, for the use of the town, in the same way and manner 
and with the same right of appeal to the landowner as in the 
case of land taken by selectmen for a highway. 

14. Obstruction During Repairs. In repairing highways 
no uncovered trench or ditch shall be made by the side of the 
traveled part thereof, next and opposite to a dwelling house, 
yard or private way leading into any field, land, or inclosure 
on the highway unless a way is provided over and across such 
trench or ditch; nor shall the highway be repaired in any 
other manner to obstruct the passage to such house, yard, or 
private way unless a way is provided over and across such 
obstruction. 

15. Village Districts. All village districts, and chartered 
highway districts, shall remain unimpaired, to the extent that 
they may raise additional sums to be expended solely on the 
highways within the district in the manner prescribed by the 
act creating them. 

Contribution to Repairs 

16. By County. The superior court, on petition and 
notice to the county commissioners, may order any part of the 
expense of repairing a highway to be paid by the county, when 
the whole would be burdensome to the town, or when the 
county convention has recommended such order. 

17. Procedure. The court may order such part of the 
expense to be paid to the town, or cause the highway to be 
put in repair in such manner as it thinks proper, and draw 
its order for such part upon the county treasurer. 

18. By Anothor Town. When the expense of rebuilding 
or repairing a highway would be excessively burdensome to 
the town in which it is situate, and another town is greatly 
benefited by the highway, the superior court, upon petition 
and proceedings thereon as in the case of laying out a high- 



312 Chapter 188 [1945 

way, may order a portion of the expense to be paid by such 
other town. 

Damages From Change of Grade 

19. Assessment by Selectmen. If in repairing a high- 
way by the authority of the town the grade is raised or 
lowered, or a ditch made at the side thereof, whereby damage 
is occasioned to any estate adjoining, the selectmen, on appli- 
cation in writing of the owner, shall, on notice to and hearing 
of the applicant, view the premises and assess the damages, 
and, within thirty days after the application, file the same, 
with their doings thereon, in the office of the town clerk for 
record. In assessing the damages any benefit which the land- 
owner may receive by such repairs shall be set off against his 
claim. 

20. Petition to Court. If the owner is aggrieved by the 
assessment, or if the selectmen neglect to file the same within 
thirty days as aforesaid, he may petition the superior court 
for an assessment or increase of the damages; and like pro- 
ceedings shall be had thereon as in case of laying out a high- 
way by selectmen. 

21. Land Not Adjoining Highway. If in repairing a 
highway by the authority of the town the grade is raised or 
lowered, or a ditch made at the side thereof, whereby damage 
is occasioned to land not adjoining such highway or to land in 
an adjoining town the owner of such land may petition the 
superior court for an assessment of damages; and like pro- 
ceedings shall be had thereon as in case of laying out a high- 
way by selectmen. In assessing the damages any benefit 
which the landowner may receive by such repairs shall be set 
off against his claim. 

22. Payment. Damages assessed for change of grade 
under the provisions of this part shall be paid by the town in 
which the change of grade is made. 

Highways to Summer Cottages 

23. Exemption. Towns shall be exempt from keeping 
open and repairing highways to summer cottages from Decem- 
ber tenth to April tenth. 

24. Notice. The selectmen shall seasonably post or 
cause to be posted at the entrances of such highways notices 
of the closing and opening thereof. 



1945] Chapter 188 313 

25. Keeping Open. Any town may, by a majority vote, 
open such highways the entire year, and make such repairs 
thereon as may be deemed necessary. 

Snow Fences 

26. Construction and Removal. Any city or town may, 
after the month of October, erect a fence upon property 
adjacent to a public highway in order to prevent snow from 
drifting thereon. The view from the landowner's buildings 
shall not be obstructed by such fence unless he consents, and 
the fence shall be removed on or before April first. 

27. Damages. The landowner shall be entitled to 
damages occasioned by the erection, maintenance, and removal 
of such fence. Either party may apply to the selectmen or 
the city council for the assessment of damages, and such pro- 
ceedings shall be had as in the assessment of damages for 
the laying out of highways by selectmen. 

Part 17 

Making and Repairing Highways Not in Any Town 

1. By County. Highways not in any town or place 
liable for the repair of highways shall be made and repaired 
by the county; and every county shall be liable, as towns, to 
individuals and to the public, for neglect therein. 

2. Payment by Land-owners. The owners of lands lying 
in a body, surrounded in whole or in part by towns or places 
liable to repair highways therein, shall pay to the county, the 
expenses of making and repairing the highways within such 
lands, except such part thereof as the county is ordered to 
pay under the provisions of the next section. 

3. Petition to Court. Upon petition of any persons in- 
terested, notice to the county commissioners and a hearing 
thereon, the superior court may order such part of the ex- 
pense of making and repairing highways through such land 
as they may deem just to be paid by the county; and may, 
upon like proceedings, modify the order, as may from time to 
time appear proper. 

4. Notice of Liability. The county commissioners shall 
give notice, by publication, to the landowners so liable, describ- 
ing the land by its boundaries on towns and places liable to 
repair highways, of the amount so expended and chargeable 



314 Chapter 188 [1945 

to the owners, requiring them to pay the same to the county 
treasurer within ninety days. 

5. Extent. If the sum is not so paid the commissioners 
shall issue their extent therefor, directed to the sheriff or his 
deputy, requiring him to levy upon, advertise and sell so much 
of the land as may be necessary to pay the sum, with interest 
and the costs of levy and sale. 

6. Levy.' The officer shall levy such extent, advertise 
the sale by publication and sell so much of the land by auction 
as may be necessary, in the manner lands are required to be 
sold for nonresident taxes. 

7. Sale; Redemption. The lands, if lotted, shall be sold 
by lots; if not lotted, in parcels of one hundred acres each; 
and the owner of any land so sold may redeem the same with- 
in one year after the sale by paying into the county treasury, 
for the use of the purchaser, the purchase money of the same 
and interest at the rate of ten per cent. 

8. Taxation by Owners. A meeting of the owners of the 
lands described in such notice may be called by a justice, upon 
petition of any person interested therein; and the owners, at 
such meeting, may choose a moderator and clerk, assessors 
and a collector, and may raise by tax upon the owners the 
amount for which they are so liable, with incidental charges 
and any costs and interest which may have accrued thereon. 

9. Collection of Tax. The same proceedings shall be had 
in the collection of such tax as are prescribed for the collection 
of taxes in unorganized places. 

Part 18 

Neglect by Town to Repair Highways and Liability for 

Damages 

Fine and Repair by Court 
1. Penalty. Any town which neglects to make any new 
highway or alterations in an existing highway therein, as laid 
out or altered, or to grade the hills in any highway therein as 
prescribed therefor, or to cause a dangerous embankment or 
causeway in such highway to be securely railed, or otherwise 
to keep any such highway in good repair suitable for the 
travel thereon, shall be fined for such neglect; provided, how- 
ever, that no town shall be subject to fine on account of the 
condition of any class VI highway or liable for damages for 
injuries happening thereon. 



1945] Chapter 188 315 

2. Indictment. An indictment may be found or an in- 
formation filed against any town for such neglect, and a sum- 
mons thereon shall be issued to the town, and shall be served 
by giving to one of the selectmen and the town clerk, or by 
leaving at their respective places of abode, an attested copy 
thereof and of the officer's return thereon, fourteen days be- 
fore the return day of the court at which it is returnable. 

3. Fine. If upon default or otherwise the town is 
adjudged guilty it shall be fined such sum as may be sulficient 
to pay the expense of putting the highway in repair, with in- 
cidental charges and costs. 

4. Witness Fees. No fees for witnesses in such case 
shall be taxed unless they have attended by order of the 
prosecuting officer. 

5. Execution. Execution may issue for such fine and 
costs, as in a civil suit, and when collected the fine shall be 
paid to the agent appointed, as provided in the following 
section, and the^ costs to the county. 

6. Expenditure. So much of the fine as may be required 
therefor shall be expended, by one or more agents appointed 
by the court, in putting such highway in repair; and if the 
same is insufficient a further fine, to be collected and ex- 
pended in like manner, may be imposed until the amount is 
sufficient. 

7. PajTnent of Damages to Landowner. Land or other 
property taken for the lay out or alteration of a highway 
may be used for such purpose without payment or tender 
of the damages awarded to the owner when, upon proceedings 
in superior court against the town for neglect to make the 
highway or alteration, an agent is appointed to superintend 
the making thereof; and the agent shall pay such damages 
from the amount recovered against the town by fine or satis- 
faction of judgment. 

8. Account. The agent shall return to the court an 
account of his expenditures and services, and shall retain out 
of the money in his hands such compensation as the court 
may allow. 

Duty of Town After Notice of Insufficiency 
Civil Liability 

9. Notice of Insufficiency. Whenever any class IV or 
class V highway or bridge thereon in any town, shall be out 



316 Chapter 188 ^ [1945 

of repair, or unsafe for travel, any three citizens or taxpayers 
in the state may ,give notice of such insufficiency to one of the 
selectmen or highway agents of the town, or the mayor or 
street commissioners of the city, and a copy of said notice to 
the town or city clerk. The notice shall be signed and shall 
set forth in general terms the location of such highway and 
the nature of such insufficiency. 

10. Town to Act; Liability. The town shall immediately 
thereafter cause proper danger signals to be placed to warn 
persons by day and night of such insufficiency, and shall, with- 
in twenty-four hours thereafter, commence repairing said 
highway or bridge, and shall continue such work in good faith 
and with reasonable dispatch until such highway or bridge is 
put in good and sufficient repair. The town shall be liable for 
all accidents that may happen at such place subsequent to the 
time said notice of deficiency was given, provided it has not 
commenced to repair the same. 

Repair of Town Highways by County Commissioners 

11. Complaint to County Commissioners. Said citizens 
or taxpayers, upon refusal of the proper authority to make 
such repairs, may file with one of the county commissioners 
for the county in which said highway or bridge is situated a 
complaint in writing and under oath, setting forth in general 
terms the location of such highway or bridge and the nature 
of the insufficiency complained of, and stating that they 
have personally examined the same. 

12. Notification. Thereupon, the commissioners receiv- 
ing said' complaint shall notify one of the selectmen or high- 
way agents of said town, or the mayor or street commission- 
ers of the city, and also one or more of the persons filing said 
complaint, of the time and place when and where said board of 
commissioners will meet for the examination of such highway 
or bridge, and for a hearing upon such complaint. 

13. Hearing. In pursuance of such notice said commis- 
sioners, or a majority of them, shall examine said highway or 
bridge and hear all parties interested as to the condition there- 
of, and the repairs necessary to make it safe and convenient 
for public travel, and the amount required for such repair. 
If, after such examination and hearing, said commissioners 
shall be of the opinion that said highway or bridge is out of 
repair, or unsafe for travel, they shall determine what repairs. 



1945] Chapter 188 317 

rebuilding or new constructions are necessary, and shall fix 
the amount to be expended therefor. 

14. Report. They shall make a written report of their 
finding, containing a full description of the repairs or con- 
structions by them determined upon, and a statement of the 
amount required therefor, with an order requiring said town 
to make such repairs or constructions within such reasonable 
time as they shall determine upon, not exceeding ten days, 
unless in the opinion of said commissioners it is impracticable 
to complete said work in that time. They shall forthwith file 
said report in the office of the clerk of court for the county 
in which said highway or bridge is situated, and deliver a copy 
to one of the selectmen or highway agents of the town, or 
mayor or street commissioners of the city, and said report 
shall be final and conclusive as to the necessary repairs and 
the amount required therefor. 

15. Agent Appointed, When. At the expiration of the 
time limited for said repairs, it shall be the duty of said com- 
missioners, without further complaint, upon such notice to the 
town as they may consider reasonable, to ascertain if their 
order has been complied with by said town ; and if they find it 
has failed to do the work ordered by them they shall forthwith 
appoint an agent to expend upon said road the amount fixed 
in their report, taking from him a sufficient bond to secure 
the faithful performance of his duties, and shall file in the 
office of said clerk a certificate stating that their order has not 
been complied with, and that judgment should be entered up 
against said town for the amount named in their report, and 
giving the name of the person appointed as their agent to ex- 
pend said amount. 

16. Judgment; Execution. The clerk shall thereupon, 
by order of the court, enter up judgment in favor of said com- 
missioners against said town for the amount named in said 
report, with costs, and shall issue execution therefor, return- 
able in thirty days from the date of said judgment, and direct- 
ing the officer collecting the same to pay the amount of said 
judgment to the agent appointed by said commissioners, and 
the costs to the clerk. 



318 Chapter 188 [1945 

Liability of Towns For Damages on Bridges, Culverts, and 
Embankments 

17. When Liable. Towns are liable for damages happen- 
ing to any person, his team, carriage, or motor vehicle, travel- 
ing upon a bridge, culvert, or sluiceway, or dangerous em- 
bankments of which insufficient warning has been given, up- 
on any highway which the town has the duty of maintaining, 
by reason of any obstruction, defect, insufficiency, or want of 
repair of such bridge, culvert, sluiceway or embankments and 
warning signs or structures, which renders it unsuitable for 
the travel thereon. 

18. When Not Liable. Towns shall not be liable for such 
damages happening upon class I, class III, or class VI high- 
ways, or on state maintained portions of class II highways, or 
on highways to public waters laid out by a commission 
appointed by the governor and council. Towns shall not be 
liable for such damages happening upon any class V highway 
constructed with joint funds unless caused by neglect of the 
town in the maintenance or repair of such bridge, culvert, 
sluiceway, or embankments and warning signs or structures 
which renders it unsuitable for the travel thereon. 

19. Insufficient [Sufficient] Warning. Sufficient warning 
of dangerous embankments shall be held to have been given 
whenever the railing, post, or other warning signs or 
structures conform to the standards prescribed by the state 
highway department and have been approved by it in the 
manner hereinafter provided. 

20. Approval of Railings. The state highway depart- 
ment shall examine all railings, posts, or other warning signs 
or structures erected by a town upon any highway, upon the 
written request of such town, and if the same are approved as 
standard, a record of such request, of the examination and 
approval, and of the locations shall be made and kept in the 
office of the department. A copy of such record shall be filed 
forthwith in the office of the town clerk. When certified by 
the state highway commissioner, the copy shall be received 
by all courts as evidence of the sufficiency of such railings, 
posts, or other warning signs or structures for a period of 
three years after such record has been made. 

21. Weight of Load. Towns are not liable for such 
damages to a person traveling upon a bridge, culvert or sluice- 
way constructed by the town and state with joint funds when 



1945] riHAPTER 188 319 

the weight of the load, indusive of the vehicle, exceeds fifteen 
tons, or upon any other bridge, culvert or sluiceway when the 
weight of the load, inclusive of the carriage, exceeds six tons. 

22. Width of Felloes. They are not liable for such 
damages when the weight of the load, inclusive of the vehicle, 
exceeds five tons, unless the width of the felloes of the wheels, 
if a two-wheeled vehicle, is at least five inches, and if a four- 
wheeled vehicle, three and one-half inches, 

23. Droves of Cattle. They are not liable for such 
damages happening to droves of cattle by reason of the de- 
ficiency of a bridge, if, when it happens, the number of cattle 
on the bridge exceeds twenty-five. 

24. Burden of Proof. Upon the trial of any action for 
the recovery of such damages, it is incumbent on the plaintiff 
to prove the weight of the load, the width of the felloes or the 
number of cattle on the bridge. 

25. Filing Claim Within Ten Days. Every person mak- 
ing a claim against a town for such damages shall, within ten 
days from the date of receiving injury, file with one of the 
selectmen and the clerk of such town a written statement, 
under oath, setting forth the exact place where and the 
time when the injury was received, a full description thereof, 
the extent of the same and the amount of damages claimed 
therefor. 

26. Petition to Court. If any such person was unavoid- 
ably prevented from filing such statement within the time 
limited he may petition the superior court, within six months 
from the date of receiving injury, to be allowed to file such 
statement, setting forth in his petition the nature and extent 
of the injuries for which damages are claimed, when and 
where they were received, the amount claimed and the causes 
of delay in filing the statement, and shall cause due notice 
thereof to be given to the town. 

27. Order of Court. If, in such proceeding, it appears 
to the court that the petitioner was unavoidably prevented 
from filing the statement within the time limited, and that 
manifest injustice would otherwise be done, the court may 
allow the statement to be filed with one of the selectmen and 
the clerk of the town within a time to be limited by its order. 

28. Limitation of Action. No action against a town for 
such damages shall be sustained unless a statement is filed as 
required by sections 25 or 27 hereof, nor shall any such action 



320 Chapter 188 [1945 

be begun until the expiration of thirty days after the filing 
of the statement. 

29. Liability of Two or More Towns. If two or more 
towns are chargeable v/ith the expense' of repairing and main- 
taining a highway they shall be liable for such damages and 
all costs and expenses of suits for the recovery thereof, in the 
proportion in which they are required to contribute towards 
its repair and maintenance; and the claimant may begin and 
prosecute proceedings for the recovery of such damages 
against all the towns jointly, or against the town in which the 
highway is situated. 

30. Notice; Appearance. In case the proceedings are 
begun against the town in which the highway is situated only, 
the selectmen thereof shall cause true copies of all statements, 
petitions, writs and other papers served upon them or their 
town to be given to, or left at the usual place of abode of, 
one of the selectmen and the clerk of each of the other towns 
liable to contribute as aforesaid, within ten days after such 
service ; and such other towns may appear and be heard in all 
the proceedings as if they were parties to the record, and the 
record may be amended so as to include them. 

31. Settlement by One Town. Any such town may 
settle with the claimant its proportion of the damages 
claimed; and the settlement shall be a full discharge of its 
proportional share of the damages and costs as against both 
it and the other towns; but the same shall not affect the 
claimant's rights against the other towns or either of them, 
or be put in evidence in any suit commenced by him against 
them, except in proceedings relating to the adjustment of 
contributions between the towns, when final judgment is to be 
entered up. 

32. Apportionment. Whenever final judgment is to be 
entered up in any such action the court, upon notice to all the 
towns interested, shall determine the amount to be paid by 
each to either of the others to adjust all matters of damage, 
cost and expense according to the provisions of the preceding 
sections, and make orders and issue executions accordingly. 

Liability of Persons for Damages on Bridges, Culverts, 
and Embankments 

33. When Liable. Any person or ' corporation, except 
municipal corporations, through whose negligence or careless- 



1945] Chapter 188 321 

ness any obstruction, defect, insufficiency, or want of repair 
is caused upon any highway, shall be liable to any person in- 
jured by reason thereof, and the damages may be recovered 
in an action on the case; provided that this part shall not 
enlarge the common law liabilitj^ of public officers. 

Action Local 
34. Venue. All actions for damages brought under the 
provisions of this part shall be brought in the superior court 
of the county where the injuries were received. 

Part 19 

Regulations and Protection of Highways 

Stop Signs and Other Regulations by Highway Commissioner 

1. Regulation. The commissioner may regulate the use 
of class I, class II, and class III highways in towns of less than 
twenty-five hundred population and in other towns outside the 
compact portion thereof as determined by him. He may 
establish stop intersections, erect stop signs, or other traffic 
devices or signals thereon or upon any highway entering 
therein. 

2. Posting; Return. Regulations controlling traffic by 
such stop signs, devices, or signals shall be posted on every 
such highway and a return thereof shall be filed with the state 
highway department to be kept in a special book which shall 
be open to public inspection. A copy of such return shall be 
filed with the town clerk for information. 

3. Other Regulations. Other regulations, seasonal or 
otherwise, shall be posted on every such highway affected 
thereby. 

4. Penalty and Liability. Any person violating the pro- 
visions of such posted regulations shall be fined not more than 
one hundred dollars and shall be liable for all damage 
occasioned thereby. 

5. Stop Signs and Signals; Presumption of Legality. 
Every stop sign, traffic device, or traffic signal erected on any 
public highway shall be deemed lawfully erected and main- 
tained and to conform to standards set by the highway com- 
missioner and approved by him as to type, size, installation 
and method of operation, until the contrary is proven, in all 
cases, civil or criminal. 

6. When Not Erected by Officials; Penalty. If any per- 
son, except a public officer or official or a person acting under 



322 Chapter 188 [1945 

his direction or order, erects on any public highway a stop 
sign, traffic device, or traffic signal, he shall be fined not more 
than one hundred dollars or imprisoned not more than six 
months. 

7. Damaging Guard Rails or Highway Signs; Penalty. 
If any person wilfully removes, injures, defaces or damages 
any guard rail, guide board, sign, post, marker, or the letters 
or figures thereon, or any traffic device or traffic signal, or any 
design, marking or wording used to designate a highway route 
or painted on the highway to control traffic, erected, painted 
or maintained by the state or a city or town, on any public 
highway, or any snow fence on any such highway or land 
adjacent thereto, he shall be fined not more than one hundred 
dollars. 

Excavations and Driveways 

8. Excavation; Permit; Emergency. It shall be unlaw- 
ful to excavate or disturb the shoulders, ditches, embank- 
ments or the surface improved for travel of any class I or 
class III highway or state-maintained portion of any class II 
highway for any purpose whatever without written permission 
from the state highway commissioner or his division engineer, 
or of any other highway without written permission from the 
selectmen or highway agent of the town, or the mayor and 
aldermen or street commissioner of the city; provided, that in 
cases of emergency where the public health or safety is en- 
dangered such immediate action as may be necessary may be 
taken without such permission, but in such cases the person 
directing or taking such action shall at once notify the official 
empowered to give written permission. 

9. Regulations; Bond. The person giving such written 
permission may make rules and regulations to govern the ex- 
cavation and restoration of such highway and may require 
that a bond satisfactory to him be furnished to the state, city 
or town providing for the satisfactory restoration of the high- 
way. 

10. Restoration. Any person or corporation who ex- 
cavates or disturbs the shoulders, ditches, embankments, or 
the surface improved for travel of any such highway shall re- 
store such highway to the satisfaction of the official em- 
powered to give such written permission. 

11. Exception. The foregoing provisions shall not apply 
to railroads when making necessary repairs or improvements 



1945] Chapter 188 323 

within their rights of way at points where the same are 
crossed by a highway; but no such repairs or improvements, 
if they involve excavating or disturbing the surface of any 
highway shall be made without written permission from the 
public service commission. 

12. Driveways, It shall be unlawful to construct or main- 
tain any driveway, entrance, or approach within the limits of 
the right of way of any such highway without a written per- 
mit from the state highway commissioner. The commissioner 
is authorized to make such rules and regulations as to the 
grade and location of driveways, entrances, and approaches on 
said highways as will adequately protect and promote the 
safety of the traveling public, but he shall in no case deny 
access to property abutting the highway. No permit shall 
be required for any existing driveway, entrance, or approach 
unless the grade or location of the same is changed. 

13. Penalty. Whoever violates any provision of this 
subdivision or the rules and regulations made under authority 
thereof shall be fined not more than one hundred dollars and, 
in addition, shall be liable for the cost of restoration of the 
highway to a condition satisfactory to the person empowered 
to give such written permission. 

Obstructions and Encroachments 

14. Purprestures ; Barbed Wire. If any building, struc- 
ture or fence is erected or continued upon or over any high- 
way, or if any fence, any part of which within six feet from 
the ground is barbed wire, is erected, maintained or continued 
adjoining or adjacent to any street or highway within the 
compact part of any town or within the limits of any village 
district or city, it shall be deemed a public nuisance. Cornices 
or other projections upon buildings, extending a reasonable 
distance into a highway, twelve feet or more above the surface 
of the highway, shall not be considered obstructions within 
the meaning of this section. 

15. Penalty. Any person so erecting or continuing any 
building, structure or fence, so as to interfere with, hinder or 
obstruct the public travel, shall be fined not more than fifty 
dollars, and the superior court may order such building, 
structure or fence to be removed, if it be found that the 
same does so obstruct or lessen the full breadth of the high- 
way, or is dangerous to public travel thereon. 



324 Chapter 188 [1945 

16. Exceptions. Watch-houses and structures for public 
use erected by authority of the town or by its selectmen, and 
signs and awnings put up in conformity with the police 
regulations in force in the town, are excepted from the pro- 
visions of section 14. 

17. Obstructing Water; Penalty. If any person shall 
place, or suffer to be placed or to remain, any logs, earth or 
other substances within the limits of a highway, or upon land 
in the vicinity of a highway by which the water in a stream, 
pond or ditch is turned upon the highway and injures or 
renders it unsuitable for public travel, he shall be fined not 
more than one hundred dollars. If such highway is main- 
tained by the town, the fine shall be for the use of the town 
and if such highway is maintained by the state, the fine shall 
be for the use of the state highway department. Nothing in 
this section shall be construed as prohibiting the placing of 
snow within the limits of a highway for the purpose of cross- 
ing or recrossing by sleds, logging or farming equipment. 

18. Snow Obstruction. If any person shall put or place 
or cause to be put or placed any snow or ice upon the surface 
of the traveled portion of any class I or class III highway or 
state maintained portion of any class II highway for any pur- 
pose, except to provide a place necessary for crossing, recross- 
ing and traveling upon said highways by sleds, logging or 
farm equipment, he shall be fined not more than one hundred 
dollars. The provisions of this section shall not apply where 
snow or ice is pushed across the traveled surface of said high- 
ways for the purpose of snow removal from land adjoining 
said highways. 

19. Fences. Fences shall not be removed for highway 
purposes until ten days' notice in writing of the intention to 
remove the same has been given to the owner or occupant of 
the land enclosed by such fence, or to his agent. 

20. Service of Notice. Such notice may be served by 
any agent of the state highway department on such owner or 
occupant or his agent. 

21. Time of Removal. All such fences shall be removed 
within the time designated, and, if not removed by the date 
stated in such notice, they may be forthwith removed by said 
department at the expense of the owner. 

22. Depositing Ashes, Nails, etc.; Penalty. If any per- 
son shall put or place, or cause to be put or placed, in or upon 



1945] Chapter 188 325 

any highway, street, square, lane, alley, public bathing place 
or the approaches thereto or other public place in any city or 
town any ashes, glass, crockery, scrap iron, nails, tacks, or 
any other articles which would be likely to injure the feet of 
children or animals, or the tires of bicycles or other vehicles, 
he shall be fined not more than twenty dollars. 

23. Leaving Trigs, etc.; Penalty. If any person shall 
leave or suffer or allow to be left, on any public street or high- 
way or in any gutter or drain adjacent to the same, anything 
which has been used in aiding to repair or trig any vehicle, he 
shall be fined not more than twenty dollars. 

24. Removal. The state highway department may re- 
move all obstructions in class I, class II, or class III highways, 
and the highway agent of any city or town may remove all 
obstructions on any other highway and on town maintained 
portions of class 11 highways. 

25. No Adverse Right. No person shall acquire, as 
against the public, any right to any part of a highway by in- 
closing or occupying it adversely for any length of time. 

Encumbrances on Highways 

26. Removal. If any timber, lumber, stone or other 
thing is upon a state-maintained highway, encumbering it, the 
state highway department may immediately remove the en- 
cumbrance, and if upon any other highway the highway agent 
of the city or town may immediately remove the encumbrance, 
and the official shall hold the same in his possession until the 
costs of removal are paid. 

27. Disposal. He shall deliver to the owner the en- 
cumbrance removed, on being paid the cost of removing and 
keeping it, within thirty days after its removal; if the cost 
is not so paid he may sell the same, on giving four days' notice 
thereof, by posting notices in two public places in the town. 

28. Proceeds of Sale. The official shall pay to the owner 
of such encumbrance the balance of the money received on the 
sale thereof after deducting his costs of removal, keeping and 
sale. 

29. Notice; Complaint. The official may, if he chooses, 
give reasonable notice to the owner or person leaving any such 
encumbrance to remove the same ; and upon his neglect or re- 
fusal, or if he is unknown, may make complaint thereof to a 
justice of the peace. 



326 Chapter 188 [1945 

30. Hearing; Order. The justice shall cause notice to 
be given to the owner or person leaving the same, if known, 
of the time appointed by him to view the encumbrance, and, 
after hearing such party if he attend, may upon his own view 
issue his warrant to the official to remove the same so far as 
he shall judge necessary for the public convenience, and to 
sell so much thereof as may be necessary to pay the legal 
costs, taxed by him, and three times the price of the labor of 
removing the same, to be estimated by the justice. 

31. Authority to Sell; Deficit. The official shall have 
the same powers in making such sale as a collector of taxes 
has in the sale of property distrained by him, and shall be 
governed by the same rules; and, if the proceeds of the sale 
are insufficient to pay the sums specified in the warrant, he 
may recover the balance unpaid by action on the case against 
the person leaving the same. 

Liability for Obstruction or Injury to Highway 

32. Damaging Highway; Penalty. If any person, with- 
out authority, wilfully injures any highway or bridge thereon 
by destroying or taking away any plank, timber, stone or 
other material thereof, or by digging any pit therein, he shall 
be fined not more than one hundred dollars, or imprisoned not 
more than six months. 

33. Civil Liability. If any person shall place any ob- 
struction in a highway, or cause any defect, insufficiency or 
want of repair of a highway which renders it unsuitable for 
public travel, without authority, he shall be liable to the state 
for all damages to the highway when maintained by the state, 
and to the town for all damages to other highways, and for all 
damages and costs which the town shall be compelled to pay 
to any person injured by such obstruction, defect, insufficiency 
or want of repair. 

Marking the Location of Public and Historic Incidents 

34. Permits. Selectmen of towns may permit the 
erection of monuments, tablets and markers by individuals or 
societies in public highways or other public grounds, in such 
places and of such character as may be approved by the select- 
men, for the purpose of indicating the occurrence of historic 
events and matters of public interest; provided, that the 
reasonable use of such highway or other public place shall 
not be interfered with thereby. 



1945] Chapter 188 327 

35. Damages. If any person shall be damaged in his 
estate by the erection of such monument, tablet or marker he 
may apply to the selectmen within six months after such 
erection, but not afterwards, to assess his damages, and there- 
upon proceedings shall be had, as in the case of assessment 
of damages in laying out highways by selectmen. 

36. Change of Location. Any person whose rights or 
interests shall be affected by such location may, within sixty 
days after the approval of the selectmen, as provided in sec- 
tion 34, but not afterwards, petition the selectmen for such 
changes in the terms of the location as he may desire; and, 
after notice to parties and hearing, the selectmen may alter 
or revoke said location as justice may require. 

37. Petition to Court. If the selectmen shall neglect or 
refuse after thirty days to decide and make return of their 
proceedings upon any petition addressed to them under the 
provisions of the preceding section, or if any party whose in- 
terests are affected by such decision is dissatisfied therewith, 
the petitioner or party so dissatisfied may apply to the 
superior court for relief within sixty days thereafter ; and like 
proceedings shall thereupon be had as in the case of appeals 
from the laying out of highways by selectmen. 

38. Return; Record; Fees. The selectmen shall, within 
thirty days, make a return of their proceedings and decision 
upon every petition presented to them and of every location 
by them approved under the provisions of this subdivision, and 
shall cause the same to be recorded by the town clerk. The 
fees of the selectmen and town clerk shall be paid by the 
petitioner. % 

Part 20 

Use of Highways by Travelers 
Law of the Road 

1. Meeting Another. If a person traveling on a high- 
way with a vehicle meets another person so traveling in the 
opposite direction, he shall seasonably turn to the right of the 
center of the traveled part of the road, so that each may pass 
the other without interference. 

2. Another Passing. If a person traveling on a highway 
with a vehicle is informed that another person traveling in 
like manner in the same direction desires to pass him, he 
shall turn to the right of the center of the traveled part of 



328 Chapter 188 [1945 

the road, if there is sufficient room on that side to enable him 
to do so with safety, and shall not wilfully obstruct the 
passage of the rear team or vehicle upon the other side of the 
road. 

3. Intersecting Ways. If a person traveling on a high- 
way with a vehicle approaches an intersecting way, as defined 
in chapter 115, he shall grant the right of way, at the point 
of intersection, to vehicles approaching from his right, pro- 
vided that such vehicles are arriving at the point of inter- 
section at approximately the same instant; except that the 
provisions hereof shall not apply to intersections at which 
traffic is controlled by a police or traffic officer or by a traffic 
device or signal. 

4. Penalty and Liability. If any person shall violate any 
of the provisions of the three preceding sections he shall be 
fined not more than ten dollars, and in addition thereto shall 
be liable for the damages occasioned thereby; but no action 
for such damages shall be sustained unless begun within one 
year. 

Lights on Vehicles 

5. Period of Lighting. Every vehicle, including bicycles, 
excepting as herein otherwise provided, whether stationary or 
in motion, on any public highway or bridge, shall have 
attached to it a light or lights, which shall be so displayed as 
to be visible from the front and rear, during the period from 
one-half hour after sunset to one-half hour before sunrise. 
This provision shall not apply to any vehicle which is designed 
to be propelled by hand, or to any vehicle designed for and 
transporting hay or straw, or to any motor vehicle. 

6. Exemption. Upon the written application and pre- 
sentation of reasons therefor, by the owner of a vehicle, to the 
board of selectmen of the town where the applicant resides, 
such board may exempt said vehicle from the provisions of 
this subdivision for such period of time as said board may 
determine; and shall give to such owner a written ex- 
emption, describing the vehicle, which exemption shall apply 
to such vehicle upon any highway or bridge within the state. 

7. Burden of Proof. If, in any prosecution under the 
provisions of this subdivision, the defendant pleads exemption, 
the burden of proving the same shall be upon him, and he 
shall produce the order whereby such exemption was created. 

8. Refusal to Give Name. No person, while driving or 



1945] Chapter 188 329 

in charge of a vehicle which is not lighted as required by 
section 5, shall refuse, when requested by a police officer, to 
correctly give his name and address. 

9. Penalty. Any person violating the provisions of this 
subdivision shall be fined not more than five dollars. 

10. Party Responsible. The driver or custodian of a 
vehicle shall be deemed the responsible party, liable to such 
penalty. 

11. Enforcement. The commissioner of motor vehicles, 
his agents and examiners, sheriffs and their deputies, police 
officers, constables and selectmen shall have authority to en- 
force the provisions of this subdivision. 

The Use of Highways by Bicycle Riders and Others 

12. Limitations. Whoever, without the permit pro- 
vided for in section 16, rides a bicycle on a sidewalk, or 
rides such machine in the streets, squares or parks of any 
city or town when the same is not provided with a suitable 
alarm bell, adapted for use by the rider, or who rides the 
same in the compact part of any city or town at a rate of 
speed exceeding ten miles an hour, shall be fined not more 
than ten dollars, and shall be liable for all damage occasioned 
to any person by such unlawful act. The provisions of this 
section shall not apply to children under the age of twelve 
years. 

13. Sidewalk, Defined. The term sidewalk, as used in 
this subdivision, shall mean all sidewalks laid out as such by 
a city, town or village district, or reserved by custom for the 
use of pedestrians, that are within the compact part of a city, 
village or district. It shall not include cross walks, nor foot- 
paths outside the compact part of towns and cities that are 
worn only by travel and not improved by towns or cities or 
the abutters, nor any paths or walks that are built for the 
exclusive use of bicyclists. 

14. Sidewalks Outside Compact Area. Upon petition of 
five or more legal voters, the selectmen of a town or the mayor 
of a city, upon notice and hearing had, shall have the power 
to include within the foregoing provisions, sidewalks without 
the compact part of the town or city that are built or im- 
proved by said town or city or by the abutters; but in such 
case, notices to that effect shall be posted near said walks at 
least one week before they shall be so included. 

15. Bicycle, Park, etc., Defined. The term bicycle as 
used in this subdivision shall include all vehicles propelled by 



330 Chapter 188 [1945 

the person riding the same, either wholly or in part. The 
term park and square shall not include any spaces under the 
control of park commissioners or a park board, or a special 
park department of a town or city having power to make 
regulations relative to such places, and this subdivision shall 
not in any way abridge the powers of such commissioners, 
board or department. 

16. Permits. The mayor of a city, or selectmen of a 
town, may, in their discretion, upon any special occasion, grant 
permits to any persons to ride such machines, at any rate of 
speed, for a time not exceeding one day upon specified portions 
of the public ways of such city or town, and may annex such 
other reasonable conditions to such permits as they may deem 
proper. 

17. Application of Laws. Every person riding a bicycle 
upon a highway shall be subject to the law of the road appli- 
cable to the driver of a vehicle, as provided in sections 1 to 4, 
inclusive. 

18. Clinging to Vehicles Prohibited. No person riding a 
bicycle, coaster, sled, or toy vehicle, or wearing roller skates, 
shall hold fast to, or hitch on to, any street car or vehicle 
moving upon a highway. 

19. Ordinances and By-Laws. Any town shall have the 
power to make ordinances, by-laws, or regulations respecting 
the use and equipment of bicycles on its highways. It may 
require bicycles to be licensed and may charge reasonable fees 
therefor. 

20. Penalty. Any person violating the provisions of 
section 18 or any ordinance, by-law, or regulation made under 
the provisions of section 19 shall be fined not more than five 
dollars. 

21. Limitation of Prosecution. Prosecutions under this 
subdivision shall be instituted within sixty days from the time 
the offense was committed. 

Width of Rims of Wagon Wheels 

22. Requirements. All freight, express and farm 
wagons, carts, coaches, or carriages hereafter constructed or 
purchased for use in this state, and used for carrying more 
than two tons and less than four tons weight, shall have the 
rims or felloes of their wheels at least four inches wide; for 
carrying more than four tons and less than six tons, at least 



1945] Chapter 188 331 

five inches wide ; and for carrying more than six tons, not less 
than six inches wide. 

23. Penalty. Any person who shall violate the pro- 
visions of the preceding section shall be fined not more than 
twenty-five dollars. 

Chaining Wheels on Hills 

24. Method. Chaining wheels on hills is prohibited un- 
less a wooden or metal shoe is used, said shoe to be at least 
eighteen inches in length and six inches in width. 

25. Penalty. Any person violating the foregoing pro- 
vision shall be fined not more than twenty dollars, or im- 
prisoned not more than thirty days, or both. 

Part 21 

Town Highway Names, Conveyances and Bridge Regulations 

Street Names and Markers 

1. Names; Changes; Signs. In all towns, every street 
shall have a name which shall be given it by the selectmen. 
Said name shall be legibly marked on a suitable signboard or 
other marker and placed in at least two conspicuous places on 
said street. The selectmen may change the name of any such 
street at any time when in their judgment there is occasion 
for so doing. When a change is made in the name of any 
street the selectmen shall make a return of the same to the 
town clerk, who shall make a record thereof. 

2. Comers and Angles. The corners and angles of all 
streets shall be marked by a durable marker of stone, metal or 
other material, of such size and construction that it can be 
readily found. 

3. Lost Bounds; Exceptions. All streets affected by this 
subdivision, the bounds of which have been lost, shall be re- 
surveyed that the provisions hereof may be carried out. Prin- 
cipal streets which have curbings and corners of stone or 
other similar material, or permanent, durable sidewalks on 
both sides thereof, shall not be subject to the provisions of this 
section; but all streets hereafter laid out shall be constructed 
in accordance therewith, and the naming of such street shall 
form a part of the return of said lay out. 

4. Where in Force. Sections 1, 2 and 3 shall be in force 
in cities and in such towns as shall, at any regular meeting 
by a majority vote, adopt the same. 



332 Chapter 188 [1945 

Names of Highways 

5. Naming. In cooperation with the highway commis- 
sioner it shall be the duty of selectmen and city officials, in so 
far as practicable, to provide names for highways not hitherto 
named. Selectmen may at their discretion submit such names 
for approval at any meeting of the legal voters of the town. 

6. Limitation. No name for a highway shall be selected 
which is already in use as the name of a highway in the same 
county, nor shall any highway be named after a living person. 

Conveyances of Land by Towns 

7. Conveyances to State. Selectmen, subject to a vote 
of the town, or the mayor and board of aldermen of cities, 
may convey to the state all right, title, and interest of the 
town or city in or to any class I, class II, or class III highway, 
if such conveyance is desired by the state on account of any 
highway construction, reconstruction, or maintenance. 

Bridge Regulations 

8. By-Laws of Towns. Towns may establish by-laws to 
prevent persons from wilfully riding or driving at a rate 
faster than a walk over any bridge maintained by the town 
which shall have cost one hundred dollars or more, and may 
annex penalties not exceeding five dollars for the breach 
thereof, to be recovered by the town. 

9. Posting By-Laws. No such by-law shall be in force 
unless the town shall cause to be posted and kept in some con- 
spicuous place at each end of the bridge a board, painted with 
a white ground, containing in black letters the substance of 
such by-law. 

10. Lighting. Every covered bridge on a highway, 
within one-half mile from which bridge there are living one 
hundred inhabitants, shall be suitably lighted by the town 
from dark until ten o'clock in the evening of each day. 

11. Winter Travel. The traveled part of any covered 
bridge shall be kept covered with snow by the town when 
there is sufficient snow for sleighing on the highways leading 
to the bridge. 

12. Side Openings. All covered bridges upon public 
highways shall ha\'e an opening in the sidewalls thereof, of 
sufficient dimensions and in a proper location, to enable travel- 
ers upon the bridge to see objects or obstructions upon the 
highway beyond the bridge within a reasonable distance, and 



1945] Chapter 188 333 

to enable travelers approaching the bridge to see, so far as 
possible, objects or obstructions upon the bridge. 

13. Penalty. The selectmen neglecting to comply with 
the requirements of the preceding three sections shall be 
fined not more than ten dollars. 

14. Interference With Lighting; Penalty. Any person 
unlawfully removing or injuring any lamp or fixture, or ex- 
tinguishing any light used for lighting such bridge, shall be 
fined not more than ten dollars, and shall be Hable to the town 
for all damages occasioned thereby. 

15. Closing Highways; Detours; Penalty. The select- 
men of a town or the mayor of a city, may, by appropriate 
barriers and signs, temporarily close or regulate travel on any 
class IV or class V highway or bridge thereon, in order to per- 
form work on such highway or bridge, and may establish, 
maintain and mark detours. Any person who travels on such 
closed highway or bridge, or who violates the provisions of 
such regulations, shall be fined not more than one hundred 
dollars. 

16. Load Limit on Town Bridges; Posting. Whenever 
the selectmen of a town or the mayor and board of aldermen 
of a city, shall determine that any bridge not constructed with 
joint funds and which the town has the duty to maintain, is 
unsafe for travel when the weight of the load, inclusive of the 
vehicle, exceeds six tons or such greater load limit as they 
may determine, they shall cause notice of such load limit to 
be posted on or near the entrances of such bridge. 

17. Permit. The selectmen of the town or the street 
commissioner of the city in which such bridge is situate, may 
grant a written permit to carry a load in excess of such posted 
load limit on such conditions and under such regulations as 
such selectmen or street commissioner believe will permit a 
safe travel of such excessive load without damage to such 
bridge. 

18. Penalty. Any person who operates or attempts to 
operate any vehicle on such bridge when the weight of the 
load, inclusive of the vehicle, exceeds such posted load limit, 
without such permit, or who operates or attempts to operate 
any vehicle on such bridge in violation of such conditions and 
regulations, shall be fined not more than one hundred dollars. 



334 CHAPTER 188 [1945 

Part 22 
Sidewalks and Sewers 

Sidewalks 

1. Construction. The mayor and aldermen of any city, 
upon petition, may construct sidewalks therein, with or with- 
out edgestones, and covered with any appropriate material, 
and for that purpose may widen and straighten any highway 
as in other cases, except that the notice of proceedings shall 
state that the construction of a sidewalk is contemplated. 

2. Assessing Abutters. In constructing such sidewalks 
such board may assess upon the owners of the property abut- 
ting on such street a portion not exceeding one-half of the 
expense of constructing the same, and the amount so assessed 
upon each of such owners shall be reasonable, and proportional 
to the benefits accruing to the land upon which such assess- 
ment is laid ; and all assessments thus made shall be valid and 
binding upon the owners of such land, and shall be a lien 
thereon for one year after the same are made and notice 
given to the persons assessed, and said lands may be sold for 
non-payment thereof as in the case of non-payment of taxes 
on resident lands. The landowner shall have the same right 
of appeal, with the same procedure, as in other highway cases. 

3. Repair and Maintenance. The highway agent, under 
the direction of the mayor and aldermen of a city or the 
selectmen of a town shall have charge of the repair of all 
sidewalks therein constructed under the provisions of this 
part, and such sidewalks shall be maintained, repaired and re- 
constructed by the city or town in which they are located 
without further assessment to the abutting owner. 

Sewers 

4. Construction. The mayor and aldermen of any city 
may construct and maintain all main drains or common sew- 
ers which they adjudge necessary for the public convenience 
and health. Such drains and sewers shall be substantially 
constructed of brick, stone, cement or other material adapted 
to the purpose, and shall be the property of the city. 

5. Taking Land. Whenever it is necessary to construct 
such main drains or common sewers across the land of any 
person the mayor and aldermen may lay out a sufficient 
quantity of such land for the purpose, and assess the owner's 
damages in the same manner as in the case of taking land for 



1945] Chapter 188 335 

highways, and the owner shall have the same right of appeal, 
with the same procedure. 

6. By-Laws and Ordinances. In cities where the sew- 
age is pumped or treated the mayor and aldermen may adopt 
such ordinances and by-laws relating to the system, pumping 
station, treatment plant or other appurtenant structure as 
are required for proper maintenance and operation. Any per- 
son wilfully violating such ordinances or by-laws shall be fined 
not more than ten dollars for each day of violation after 
written notice to desist has been given. 

Assessment for Sewers 

7. Levying. The mayor and aldermen may assess upon 
the persons whose drains enter such main drains or common 
sewers, or whose lands receive special benefit therefrom in 
any way, their just share of the expense of constructing and 
maintaining the same. 

8. Sewer Rentals. For the defraying of the cost of con- 
struction, payment of the interest on any debt incurred, 
management, maintenance, operation, and repair of newly 
constructed sewer systems, including newly constructed treat- 
ment and disposal works, the mayor and aldermen may estab- 
lish a scale of rents to be called sewer rents, and to prescribe 
the manner in which and the time at which such rents are to 
be paid and to change such scale from time to time as may 
be deemed advisable. Such rents may be based upon either 
the metered consumption of water on premises connected with 
the sewer system, making due allowances for commercial use 
of water, the number and kind of plumbing fixtures connected 
with the sewer system or the number of persons served by 
said sewer system, or upon any other equitable basis. 

9. 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 
sewerage system or the sewage disposal works, but shall not 
be used for the extension of sewerage systems to serve un- 
sewered areas or for any purpose other than those above 
specified. 

10. Lien. All assessments under the provisions of sec- 
tions 7 and 8 shall create a lien upon the lands on account of 
which they are made, which shall continue for one year after 
notice of the assessment is given to the owner of the land, 



336 Chapter 188 [1945 

and, in case an appeal has been taken and the assessment has 
been sustained in whole or in part upon such appeal until the 
expiration of one year from such decision. 

11. Collection. They shall be committed to the collector 
of taxes, with a warrant under the hands and seal of the 
mayor and aldermen requiring him to collect them; and he 
shall have the same rights and remedies and be subject to 
the same liabilities in relation thereto as in the collection of 
taxes. 

12. Abatement. For good cause shown, the mayor and 
aldermen may abate any such assessment made by them or by 
their predecessors. 

13. Petition to Court. If they neglect or refuse to do 
so any person aggrieved may apply by petition to the superior 
court for relief at any time within ninety days after notice 
of the assessment, and not afterwards; and the court shall 
make such order thereon as justice may require. 

14. Correction. If any error is made in any such assess- 
ment it may be corrected by the mayor and aldermen by 
making an abatement and a new assessment, or either, as the 
case may require; and the same lien, rights, liabilities and 
remedies shall attach to the new assessment as to the original. 

15. Installments. The mayor and aldermen of any city 
may, in their discretion, in making any assessment under this 
part, assess the same to be paid in annual installments ex- 
tending over a period not exceeding twenty years, and in such 
case their assessment so made shall create a lien upon the 
land on account of which it is made, and the lien of each in- 
stallment so assessed shall continue for one year from June 
first of the year such installment becomes due. 

16. Assessment Not Required. Nothing herein con- 
tained shall be construed to prevent any city from providing, 
by ordinance or otherwise, that the whole or a part of the 
expense of constructing, maintaining and repairing main 
drains or common sewers shall be paid by such city. 

Sewer Commissions 

17. Establishment; Duties. Any town or village dis- 
trict which adopts the provisions of this part may, at the time 
of such adoption or afterwards, vote to establish a board of 
sewer commissioners, consisting of three members, which 
board shall perform all the duties and possess all the powers 



1945] Chapter 188 337 

in the town or district otherwise hereby conferred upon the 
selectmen. 

18. Election. At the annual town or district meeting 
when such board is established, there shall be chosen, by- 
ballot and by major vote, three sewer commissioners, to hold 
office for three years, two years, and one year, respectively, 
and thereafter, at every annual meeting, one commissioner 
shall be so chosen to hold office for three years ; provided, that 
such election shall be by plurality vote in towns or districts 
which, under existing laws, elect officers in that manner. 

19. Vacancies. Vacancies in the board, whether from 
failure to elect or otherwise, shall be filled in towns by the 
selectmen of the tov/n, and in village districts by the commis- 
sioners of the district. Any member of the board so chosen 
to fill a vacancy shall hold office until the next annual meeting. 

20. Compensation. The compensation of such sewer 
commissioners shall be fixed in towns by the selectmen, and in 
village districts by the commissioners of the district. 

Miscellaneous Provisions 

21. Entering Without Permit. Any person who digs or 
breaks up the ground in any street, highway, lane or alley in 
any city, for the purpose of laying, altering, repairing or en- 
tering any main drain or common sewer therein, without per- 
mission from the mayor and aldermen, shall forfeit five 
dollars for each off'ense. 

22. Malicious Injury; Penalty. Any person who shall 
wantonly or maliciously injure any part of any sewer system 
or sewage disposal plant shall be fined not more than three 
hundred dollars, and be liable to pay treble damages to the 
owner thereof. 

23. Application of Part. The provisions of this part 
shall be in force in such towns and village districts as may 
adopt the same ; and the selectmen shall perform all the duties 
and possess all the powers in the town or the district, as the 
case may be, conferred by this part upon the mayor and alder- 
men, and the rights of all parties interested shall be settled 
in the same way. 

Part 23 

Trees and Roadside Growth 
1. Tree Wardens. The selectmen or other citizens of 
any town may nominate for appointment by the state forester 



338 Chapter 188 [1945 

as town tree warden one or more persons by them known to 
be interested in planting, pruning- and preservation of shade 
and ornamental trees and shrubs in public ways, parks and 
grounds. After investigation the state forester may choose 
and appoint from the persons recommended as above pre- 
scribed one competent person to be the tree warden for said 
town who shall serve for one year or until a successor is 
appointed as hereinbefore provided. The state forester shall 
have the power in the exercise of his discretion to remove any 
tree warden from office. It shall be the business of the tree 
warden to perform the duties hereinafter specified and he 
shall be allowed such compensation for services and expenses 
as the selectmen may deem reasonable. 

2. Control of Trees. Towns shall have control of all 
shade or ornamental trees situated within the limits of their 
highways which have been or may be acquired by gift or pur- 
chase, or planting by or with the advice of the tree warden, 
or by condemnation by the tree warden. 

3. Acquisition. It shall be the duty of the tree warden 
to examine the trees growing within the limits of highways 
and to designate from time to time such as may be reasonably 
necessary for the purpose of shade or ornamentation and to 
acquire them in the name of the municipality as hereinafter 
provided, if it can be done, either by gift or by purchase if at a 
fair price and funds either public or private are available. Fail- 
ing in this, he may take said trees, including the right to main- 
tain the same as shade trees, for the use of the town or city 
by appraising the fair value of the same and by causing to be 
served upon the owner thereof a notice of such taking, which 
notice shall state the number of each variety of tree so taken, 
the location of the same as near as practicable, and the value 
thereof as fixed by him, or by a committee selected for the 
purpose, and also by fifing a copy of such notice as attested 
by him with the town clerk. If the owner shall be satisfied 
with the value stated in such notice, the tree warden shall 
cause the same to be paid to him forthwith. If the owner 
shall be dissatisfied, he may, within thirty days after said 
notice has been served upon him, but not afterwards, apply 
to the selectmen to assess his damages. Such proceedings 
shall thereupon be had, including the right of appeal, as are 
provided in the case of assessment of damages in laying out 
of highways by selectmen; and thereupon such damages, if 



1945] Chapter 188 339 

any, may be awarded as shall be legally and justly due to the 
landowner. 

4. Marking-. The trees so acquired shall be marked for 
identification in such manner as the state forestry commis- 
sion shall approve. The tree warden shall keep a record of 
such trees, such record to show the approximate location, 
name of abutting landowner, variety and approximate 
diameter, and date of acquisition. The tree warden or his 
authorized agent shall represent the interest of the public at 
any hearing whenever a public service corporation shall desire 
to cut or remove any shade or ornamental tree in accordance 
with the provision of section 13 of part 24 of the Highway 
Law of 1945, or may have caused damage to such trees. 

5. Appropriation. Such sums of money as the town 
may appropriate, or as are available, may be used to carry 
out the provisions of the four preceding sections. 

6. Removal. Whoever desires the cutting and removal 
in whole or in part of any public shade or ornamental tree may 
apply to the tree warden, who shall give a public hearing, up- 
on the application, at some suitable time and place, after 
publishing and posting notices of the hearing in two or more 
public places in town and also upon the tree or trees which 
it is desired to cut and remove ; provided, that the tree warden 
may, if he deems it expedient, grant permission for such cut- 
ting or removal, without a hearing, if the tree in question is 
on a public way outside of the residential part of the town 
limits, such residential part to be determined by him. No tree 
within such residential limit shall be cut by him, except to 
trim it, or removed by him, without such hearing. The de- 
cision of the tree warden shall be final. 

7. Injury. It shall be unlawful to cut, destroy, injure, 
deface, or break any public shade or ornamental tree; or to 
affix to any such tree a play bill, picture, announcement, 
notice, advertisement, political or otherwise, or other device 
or thing, or to paint or mark such tree, except for the purpose 
of protecting it and under a written permit from the tree 
warden; or to negligently or carelessly suff'er any horse or 
other beast to break down, injure or destroy a shade or orna- 
mental tree within the limits of any public way or place. 

8. Trees Donated. Whenever any party, at a proper 
time of the year, shall present to a town well grown nursery 
trees, the tree wardens may set out such trees in the high- 



340 Chapter 188 [1945 

ways, cemeteries, commons, schoolhouse yards and other 
public places, as indicated by the donor, and protect the same 
at the expense of the town. 

9. Public Ownership. Any young shade or ornamental 
tree planted within the limits of a public highway by the tree 
wardens or by any other person or persons, with the approval 
of the selectmen or the mayor, or any young seedling tree or 
sprout left within the limits of the highway as specified in 
the following section and designated by the tree warden to 
be preserved for its future value as a shade tree, shall become 
the property of the municipality ; provided, that the abutting 
landowner, having been notified of the intention of the town 
to take and preserve such young tree, shall make no written 
objection to the tree wardens within thirty days from the 
date of such notification. 

10. Clearing Highways. Mayors of cities, selectmen of 
towns and county commissioners for unorganized places shall 
annually during August or September, and at other times 
when advisable, cause to be cut and disposed of from within 
the limits of town maintained highways all trees and bushes 
that cause damage to such highways or to the traveling 
public, or that are objectionable from the material or artistic 
standpoint. Shade and fruit trees that have been set out or, 
marked by the abutting landowners or by the town tree 
wardens, and young trees standing at a proper distance from 
the highway and from each other, shall be preserved, as well 
as banks and hedges of bushes that serve as a protection of 
the highway, or that add to the beauty of the roadside. 

11. Improvements by Abutter. The selectmen of a town 
or the highway department of a city may contract with any 
owner of land abutting a public highway to cut, trim and im- 
prove the roadside growth along said owner's property, and, 
for all such work properly done in carrying out the provisions 
of the preceding section and approved by the tree wardens, 
may allow and cause to be paid to such owner such sums as in 
their judgment, with the advice of the tree wardens, justly 
represent the value to the town of the improved condition of 
the roadside. 

12. Burning Brush. Whenever any trees or brush cut 
along the highway are disposed of by burning, the cut trees 
or brush shall be removed a safe distance from any adjo'ning 
woodland or from anv tree or hedge designated or desirable 



1945] Chapter 188 341 

for preservation, and such burning shall be done with the per- 
mission of the forest fire warden. All trees or brush thus 
cut from within the limits of the highway shall be disposed 
of within thirty days from the cutting thereof. 

13. Disposal of Brush. If any cut brush has been left 
within the limits of any public highway for a longer period 
than thirty days the state forester may complete the removal 
or disposal of such brush and assess the costs thereof against 
the party authorizing or causing such nuisance. If the said 
costs are not paid within a reasonable time they may be re- 
covered in an action brought by the attorney general upon 
complaint of the state forester. 

14. Taking Tree Rights. When any highway shall be 
laid out damages may be assessed to the abutting owners to 
provide for the maintenance or planting, from time to time, 
within the limits of such highway, of such shade and orna- 
mental trees as may be necessary for the preservation and im- 
provement of such highway. Damages may be assessed to 
abutting owners on any existing highway upon petition there- 
for, and such proceedings had as in the laying out of high- 
ways by selectmen to provide for the maintenance and plant- 
ing from time to time, of such trees within the limits of such 
highways as may be necessary for the preservation and im- 
provement of the same. When such damage shall be assessed 
and paid there shall be, in addition to the right of travel over 
such highway, a public easement to protect, preserve and re- 
new the growth thereon for the purposes aforesaid. 

15. State Supervision. On all state maintained high- 
ways the planting, acquisition, maintenance, and removal of 
all trees and shrubs shall be under the supervision of the 
state highway commissioner who shall make such rules and 
regulations for the purpose as shall, in his judgment, seem 
for the best interests of the state. 

16. Penalty. If any person violates any provision of 
this part or any rule or regulation thereunder made by the 
state highway commissioner he shall be fined not more than 
one hundred dollars and shall be liable for all damage 
occasioned thereby. 

Part 24 

Lines of Telegraph and Other Companies in Highways 
1. Authority to Erect. Telegraph, telephone, electric 
light and electric power poles and structures and underground 



342 Chapter 188 [1945 

conduits and cables, with their respective attachments and 
appurtenances may be erected, installed and maintained in 
any public highway and the necessary and proper wires and 
cables may be supported on such poles and structures or 
carried across or placed under any such highway by any per- 
son, copartnership or corporation as provided in this chapter 
and not otherwise. 

2. Procedure. Any such person, copartnership or corpo- 
ration desiring to erect or install any such poles, structures, 
conduits, cables or wires in, under or across any such high- 
way, shall secure a permit or license therefor in accordance 
with the following procedure: 

I. Jurisdiction. (a) Town Maintained Highvv(ays. 
Petitions for such permits or licenses concerning town main- 
tained highways shall be addressed to the selectmen of the 
town in which such highway is located; and they are hereby 
authorized to delegate all or any part of the powers con- 
ferred upon them by the provisions of this section to such 
agents as they may duly appoint. 

(b) City Maintained Highways. Petitions for such 
permits or licenses concerning city maintained 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 pre- 
scribed in this part 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 Maintained Highways. Petitions for such 
permits or licenses concerning all class I and class IH high- 
ways and state maintained portions of class 11 highways 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 herein. 
The commissioner shall also have the same authority as con- 
ferred upon the selectmen by section 4 hereof to revoke or 
change the terms and conditions of any such license. The com- 
missioner is hereby authorized to delegate all or any part of 
the powers conferred upon him by the provisions of this sec- 
tion to such agent or agents as he may duly appoint in Mrit- 



1945] ' Chapter 188 343 

ing; 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. 

II. Permits. The petitioner may petition such select- 
men to grant a permit for such poles, structures, conduits, 
cables or wires. If the public good requires, the selectmen 
shall grant a permit for erecting or installing and maintain- 
ing 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 
herein, the holder of such permit shall during the term there- 
of be entitled to have and exercise all the rights, privileges 
and immunities and shall be subject to all the duties and 
liabihties granted or imposed hereby 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 struc- 
tures, 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 dis- 
cretion 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 hereof shall be retroactive to the date the 



344 Chapter 188 . [1945 

petition therefor is filed. The word "license" as hereinafter 
used herein, 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 thereafter be en- 
titled 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 such license and to 
place upon such poles and structures the necessary and proper 
guys, cross-arms, fixtures, transformers, and other attach- 
ments and appurtenances which are required in the reason- 
able 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 reason- 
ably capable of supporting during their continuance in serv- 
ice; and to place in such underground conduits such number 
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. 

3. Confirming Locations. Similar proceedings may be 
had for locating and licensing poles and structures and under- 
ground conduits and cables already constructed with or with- 
out license, or for changing the location of any such property 
constructed with or without license; but nothing contained 
in this section or this chapter shall affect the validity of 
locations heretofore granted. 

4. Changes. Any such licensee or any person whose 
rights or interests are affected by any such license may 
petition the selectmen for changes in the terms thereof; and 
after notice to the parties and hearing, the selectmen may 
make such alterations therein as the public good requires. 
The selectmen, after notice to any such hcensee and hearing, 
may from time to time revoke or change the terms and con- 
ditions of any such Hcense, whenever the public good requires. 

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 chap- 
ter has been presented for action, shall make a return of 
their proceedings and their decision thereon; provided, how- 
ever, that if a permit is granted upon petition therefor, return 



1945] Chapter 188 345 

and decision upon the petition for license presented in con- 
nection with such petition for permit shall be made on or be- 
fore the expiration of such permit. They shall cause the 
petition for license and their return to be recorded by the 
clerk of the city or town in which the poles, structures, con- 
duits, cables or wires are located. 

6. Services and Fees. If the proprietors of the line are 
the petitioners, they shall pay the selectmen and town clerk 
for their services and fees. If a landowner is the petitioner 
he shall advance the payment for such services and fees, and 
if his petition is sustained he may recover the same from the 
proprietors of the line. The selectmen shall be entitled to 
compensation at the rate of four dollars a day for services 
and ten cents a mile one way for travel, and the town clerk 
shall be entitled to the fees allowed by law. 

7. Petition to Court. If 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, 
shall neglect or refuse to decide and make return of their pro- 
ceedings upon any petition authorized hereby within the times 
limited by section 5, or if any party whose interests are 
affected by their decision on any such petition or in granting 
a license, changing the terms thereof, or revoking the same, 
is dissatisfied therewith, the petitioner or party so dissatisfied 
may apply to the superior court for relief within sixty days 
after the expiration of the times limited by section 5 or after 
such decision; and like proceedings shall thereupon be had as 
in the case of appeals from the laying out of highways by 
selectmen. 

8. Damages. If any person shall be damaged in his 
estate by the erection of any such poles or other structures, 
or by the installation of any such underground conduits or 
cables or by installing or placing any wire, cable, guy, cross- 
arm, fixtures, transformers, manhole, drain, or other appa- 
ratus in or under the highway by authority of any such 
license, he may apply to the selectmen to assess his damages. 
Such proceedings shall thereupon be had as are provided in 
the case of assessment of damages in laying out highways by 
the selectmen, and such damages, if any, may be awarded as 
shall be legally and justly due. 

9. Interference with Travel. The location of poles and 
structures and of underground conduits and cables by the 



346 Chapter 188 [1945 

selectmen shall be made so far as reasonably possible so that 
the same and the attachments and appurtenances thereto will 
not interfere with the safe, free and convenient use for public 
travel of the highway or of any private way leading there- 
from to adjoining premises or with the use of such premises 
or of any other similar property of another licensee; and the 
location of any such pole or structure or underground con- 
duit or cable, when designated by the selectmen pursuant to 
the provisions hereof, shall be conclusive as to the right 
of the licensee to construct and maintain the same in the place 
located without liability to others, except for negligence in 
the construction, operation, or maintenance of the same or of 
the attachments and appurtenances thereto and except as is 
expressly provided herein. In no event shall any town or city 
or any official or employee thereof or of the state highway 
department be under liability by reason of the death of or 
damages sustained by any person or to any property 
occasioned by or resulting from the location, construction, or 
maintenance of any pole, structure, conduit, cable, wire, or 
other apparatus in any highway, pursuant to the provisions 
hereof. 

10. Joint Licenses. Joint licenses for erecting or in- 
stalling and maintaining and jointly owned poles, structures, 
conduits, cables, and wires may be granted under the pro- 
visions hereof to two or more petitioners. 

11. Transfer of License. In connection with the trans- 
fer of all or any interest in any poles, structures, conduits, 
cables, or wires, the transferor may by appropriate assign- 
ment transfer his or its license to maintain the same and the 
transferee shall be entitled to have and exercise such license 
to the extent necessary for his or its use of the transferred 
property, upon recording such assignment with the clerk of 
the town in which said property is situated. 

12. Renewal and Replacement. Any pole or structure 
or underground conduit or cable installed under license as pro- 
vided herein may be renewed or replaced as occasion requires 
in approximately the location originally designated therefor; 
and any variation in location which is reasonably necessary in 
making such renewal or replacement in the usual or custom- 
ary manner, shall not affect the rights of the licensee as de- 
fined herein. 



1945] Chapter 188 347 

13. Cutting Trees. No such licensee shall have the 
right to cut, mutilate or injure any shade or ornamental tree, 
for the purpose of erecting or maintaining poles or structures 
or installing wires or other attachments or appurtenances 
thereto, without obtaining the consent of the owner of the 
land on which such tree grows or the payment or tender in 
full of damages therefor determined as provided in this sec- 
tion. If the consent of such owner cannot be obtained, the 
selectmen, upon petition, after notice to and hearing, shall 
determine whether the cutting or mutilation is necessary and 
if determined to be necessary, they shall assess the damages 
that will be occasioned to the owner thereby. 

14. Unlicensed. If any such pole or structure or under- 
ground conduit or cable or any attachment or appurtenance 
thereto is wilfully placed or maintained in any highway with- 
out valid license therefor, it shall be deemed to be a public 
nuisance. 

15. No Prescriptive Right. No enjoyment by a person, 
copartnership, or corporation for any length of time of the 
privilege of having or maintaining wires and their supports 
and appurtenances in, upon, over, or attached to any building 
or land of other persons, shall create an easement or raise any 
presumption of a grant thereof. 

Liability of Proprietors 

16. To Indemnify Town. The proprietors of every line 
of wire strung in a highway shall indemnify the town against 
all damages, costs, and expenses to whi^h it may be subjected 
by reason of any insufficiency or defect in the highway 
occasioned by the presence of the wires and their supports 
therein. 

17. To Party Injured. They shall also be responsible 
directly to any party receiving injury in his person or estate 
from any pole or structure or underground conduit or cable 
or any wire or other attachment or appurtenance thereto, 
which has been constructed or maintained by any such pro- 
prietor without valid license or which has been constructed, 
maintained, or operated under a valid license but in a negli- 
gent manner, or in an improper location. 

' Removal of Wires and Poles 

18. By State or Town After Notice. Poles used by tele- 
phone, telegraph or other public utilities including railroads 



348 Chapter 188 [1945 

and street railways may be removed after ten days' notice in 
writing of the intention to remove the same has been given 
by the state highway commissioner or the highway agent of 
any city or town. 

19. Service of Notice. Such notice may be served by 
any agent of the state highway department or by the high- 
way agent of any city or town on such utiHty or any agent or 
officer thereof. 

20. Notice; Contents, Record. The notice of removal of 
any such pole shall designate the location in the highway to 
which the same shall be removed, and such notice, together 
with affidavit or acceptance of service thereof, shall be 
recorded in the office of the clerk of the city or town in which 
such pole is located. The notice shall take effect when the 
same, with such affidavit or acceptance of service endorsed 
thereon, shall be thus recorded, and the ten days shall run 
from the date of such record. 

21. Location Valid. The location defined in such notice 
of any pole so removed, together with the wires thereon, shall 
be of the same validity as if made under a permit by the high- 
way commissioner in case of state maintained highways or 
selectmen or mayor and aldermen in case of other highways. 

22. Time of Removal. All such poles shall be removed 
within the time designated, and, if not removed by the date 
stated in such notice, may be forthwith removed by the 
agency giving notice at the expense of the owner. 

23. Temporary Removal. Whenever it shall be neces- 
sary for any lawful purpose temporarily to displace, remove, 
or sever any wire, pole, or structure lawfully maintained in 
any highway and the proprietor thereof shall neglect or re- 
fuse to take such action within twenty-four hours after 
request therefor the person desiring such action may apply 
to the selectmen for an order requiring such action to be 
taken by such proprietor. Thereupon the selectmen shall 
appoint a hearing to be held within six days after such 
petition has been presented to them and shall give such pro- 
prietor at least three days' notice thereof. After hearing, the 
selectmen may by order require the proprietor to take the 
action requested, if in their judgment said action is reasonably 
necessary, and fix the time within which it shall be completed 
and specify whether the petitioner shall pay all or any part 
of the expense thereof; and it shall be the duty of such pro- 



1945] Chapter 188 349 

prietor to comply with such order within the time stated 
therein and he shall thereupon be entitled to reimbursement 
from the petitioner in accordance with said order, within six 
days after demand therefor by the proprietor stating the 
amount. Such proprietor shall be entitled to recover from 
the petitioner in an action of debt the petitioner's part of the 
expense determined in said order. In case such proprietor 
shall fail to comply with such order, he shall forfeit to the 
petitioner a sum equivalent to ten dollars for each day while 
such default continues. 

Part 25 

Aqueduct and Gas Companies 

1. Excavation in Highway. No person or corporation 
shall dig up any highway or public ground for the purpose of 
laying water or gas pipes, or other pipes or structures therein, 
or of repairing the same, without first obtaining the consent 
of the highway commissioner or his division engineer when 
the excavation is in any state-maintained highway and in all 
other cases the consent of the selectmen or highway agent of 
the town or the mayor and aldermen or street commissioner 
of the city; except, in cases of emergency where the public 
health or safety is endangered such action may be taken as 
provided in section 8 of part 19 hereof. 

2. Restoring Highway. Every person and every corpo- 
ration who shall dig up any highway or public ground for such 
purpose shall restore the highway or ground to as good con- 
dition as it was in before so doing, without unnecessary delay, 
and shall take all necessary precautions to protect the public 
from injury by their acts. 

3. Damages. They shall be liable for all damages 
occasioned to the town or city, or to any person, by any act 
so done or by any negligence connected therewith. 

4. Petition for Easement. Selectmen, upon petition of 
any aqueduct or gaslight corporation or company, or of any 
person who supplies water or gas to people for hire, may lay 
out for the petitioner an easement to place and maintain pipes 
and other structures for conveying water or gas in any un- 
accepted street or private way in the town if they find that 
the public good requires it. 

5. Procedure. They shall proceed upon such petition 
the same as in the laying out of a highway ; and the owner of 



350 Chapter 188 [1945 

the land in which the easement is taken shall have like remedy 
by appeal. 

6. Malicious Injury; Penalty. Any person who shall 
wantonly and maliciously injure any aqueduct, or the pipes, 
logs or other property of any gaslight company, aqueduct 
company or person, shall be fined not more than three hun- 
dred dollars, and be liable to pay treble damages to such com- 
pany or person in an action on the case. 

2. Repeal. Chapters 91 to 114, inclusive, of the Revised 
Laws, relative to highways, as amended by chapters 57, 68, 
79, 121, 123, 126, and 199 of the Laws of 1943, are hereby re- 
pealed. 

3. Duties of Selectmen. Amend section 15 of chapter 59 
of the Revised Laws by striking out the words and figures 
"section 7, chapter 107" and inserting in place thereof the 
words and figures, section 1, part 19 of the Highway Law of 
1945, so that said section as amended shall read as follows: 
15. Regulation of Highways, etc. Unless regulated by the 
highway commissioner as provided in section 1, part 19 of the 
Highway Law of 1945, the selectmen may regulate the use of 
all public highways, sidewalks, and commons in their re- 
spective towns and for this purpose may exercise all the 
powers conferred on city councils by paragraphs VH and 
VHI, section 13, chapter 66, and by any other provisions of 
the laws upon the subject. 

4. Effect of Act on Existing Laws. The provisions of this 
act, so far as they are the same as those of existing laws, 
shall be construed as a continuation of such law and not as a 
new enactment. The repeal by this act of any provision of 
law, shall not revive any law heretofore repealed or super- 
seded; nor shall such repeal aflfect any such act done, liability 
incurred, or any right accrued or vested, or affect, abate, or 
prevent any suit or prosecution pending or to be instituted, 
to enforce any right or penalty or punish any offense under 
the authority of such repealed laws; nor shall such repeal 
affect the validity of any proceedings under the laws repealed 
relating to the layout or discontinuance of any highway or 
portion thereof, and such proceedings shall continue until 
completion in conformance with the provisions of the Revised 
Laws in effect when such proceedings were begun; nor shall 
such repeal affect the validity of any contract made by the 
state highway department or by any county, city, or town. 



1945] Chapter 188 351 

under the authority of any law repealed; nor shall such re- 
peal require a new establishment of any stop intersection or 
the new erection of any stop sign or traffic device or signal 
erected and maintained in conformance with the laws prior 
to the passage of this act, and all such stop intersections so 
established and all such stop signs, traffic devices and signals 
so erected and maintained shall be deemed lawfully erected 
and maintained under the provisions of this act; nor shall 
such repeal require a public utility to secure a new permit or 
license to erect, install or maintain poles, structures, under- 
ground conduits and cables with their respective attachments 
and appurtenances which are now erected, installed and main- 
tained under license or permit in conformance with the laws 
prior to the passage' of this act, and all such poles, structures, 
underground conduits and cables with their respective attach- 
ments and appurtenances shall be deemed lawfully erected 
and maintained under the provisions of this act; nor shall 
such repeal affect the validity of any license, permit or regu- 
lation issued in conformance with the laws prior to the 
passage of this act. 

5. Reservation; Offices. All persons who, at the time 
when the repeal shall take effect, shall hold any office under 
any of the laws hereby repealed, shall continue to hold the 
same according to the tenure thereof, except those offices 
which have been abolished. 

6. Time Limitations. In any case, when a limitation or 
period of time prescribed in any of the laws repealed in this 
act for the acquiring of any right, or the barring of any 
remedy, or for any other purpose, shall have begun to run, 
and the same or any similar limitation is prescribed in this 
act, the time of limitation shall continue to run, and shall have 
the like effect, as if the whole period had begun and ended 
under the operation of this act. 

7. Continuance by Reenactment. Where any provision 
of a statute repealed by this act is substantially reenacted in 
this act the law shall be deemed to have continued in force 
from the first enactment, as if no reenactment and repeal 
had taken place. 

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

[Approved May 18, 1945.] 



352 Chapters 189, 190 [1945 

CHAPTER 189. 

AN ACT RELATIVE TO THE SALARY OF THE SHERIFF OF 
ROCKINGHAM COUNTY. 

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

1. Rockingham County. Amend section 27, chapter 380 
of the Revised Laws, as amended by chapter 195 of the Laws 
of 1943, by striking out the words "one thousand" in the 
fourth line and inserting in place thereof the words, fifteen 
hundred, so that said section as amended shall read as follows : 
27. Salaries. The annual salaries of the sheriffs of the 
several counties shall be as follows: 

In Rockingham, fifteen hundred 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. Takes Effect. This act shall take effect upon its 
passage. 

[Approved May 18, 1945.] 



CHAPTER 190. 



AN ACT RELATIVE TO SUPERVISORS OF THE CHECK-LIST 
IN SMALL TOWNS. 

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

1. Supervisors. Amend section 2 of chapter 53 of the Laws 
of 1943 by inserting after the word "towns" in the second 
line the words, except those of eighteen hundred or less in- 
habitants, so that said section as amended shall read as 
follows: 2. Application of Act. The provisions of this act 
shall apply to all cities and towns except those of eighteen 
hundred or less inhabitants and any provision of any city 



1945] Chapter 191 353 

charter inconsistent with the provisions hereof is hereby re- 
pealed to the extent of said inconsistency. 

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

[Approved May 18, 1945.] 



CHAPTER 191. 



AN ACT RELATING TO ARBITRATION AGREEMENT BETWEEN 
EMPLOYERS AND EMPLOYEES. 

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

1. Arbitration Agreements. Amend section 1 of chap- 
ter 415 of the Revised Laws by striking out all after the word 
"contract" in the sixth line and inserting in place thereof the 
following: The provisions of this chapter shall not apply to 
any arbitration agreement between employers and employees, 
or between employers and associations of employees unless 
such agreement specifically provides that it shall be subject 
to the provisions of this chapter, so that said section as 
amended shall read as follows: 1. Validity of Arbitration 
Agreements. A provision in any written contract to settle by 
arbitration a controversy thereafter arising out of such con- 
tract, or an agreement in writing to submit to arbitration any 
contoversy existing at the time of the agreement to submit, 
shall be valid, irrevocable, and enforceable, save upon such 
grounds as exist at law or in equity for the revocation of any 
contract. The provisions of this chapter shall not apply to 
any arbitration agreement between employers and employees, 
or between employers and associations of employees unless 
such agreement specifically provides that it shall be subject 
to the provisions of this chapter. 

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

[Approved May 18, 1945.] 



354 Chapter 192 [1945 

CHAPTER 192. 

AN ACT RELATIVE TO GRADING, MARKING AND SALE OF EGGS. 

Be it enacted by the Senate and House of Representatives in 
Gene7'al Court convened: 

1. Sale of Eggs. Amend paragraph V of section 1 of 
chapter 198 of the Revised Laws by striking out said para- 
graph and inserting in place thereof the following: V. 
"Eggs" shall mean hen's eggs. 

2. Repeal. Paragraphs VI, VII, VIII, IX and X of chap- 
ter 198 of the Revised Laws, relative to definitions, are hereby 
repealed. 

3. Fresh Eggs. Amend section 3 of chapter 198 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 3. Definition. No egg shall be 
deemed to be fresh which does not meet standards of New 
Hampshire Extra Grade for eggs, as established by the com- 
missioner of agriculture under section 28 of chapter 223 of 
the Revised Laws, or modifications or amendments to said 
standards, the final determination of which shall be by 
candling. 

4. Standards. Amend section 5 of said chapter 198 by 
striking out the same and inserting in place thereof the follow- 
ing: 5. Size to be Marked. The size of all eggs for human 
consumption which are sold, off'ered, exposed, or advertised 
for sale at retail, or wholesale, or exchanged or distributed at 
retail, or wholesale, within this state in bulk, or in open or 
closed packages or containers, shall be plainly and con- 
spicuously marked and identified by such terms as the com- 
missioner of agriculture may from time to time prescribe. 

5. Repeal. Section 6 of said chapter 198, relative to toler- 
ance in grading of eggs, is hereby repealed. 

6. Takes Effect. This act shall take eff'ect upon its 
passage. 

[Approved May 18, 1945.] 



1945] Chapters 193, 194 355 

CHAPTER 193. 

AN ACT RELATING TO THE SALARY OF COURT STENOGRAPHERS. 

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

1. Court Stenographers. Amend section 28, chapter 395, 
of the Revised Laws by striking out the words "ten dollars" 
in the second line and inserting in place thereof the words 
twelve dollars and fifty cents, so that said section as amended 
shall read as follows: 28. Compensation. Such stenog- 
raphers shall be allowed regular attendance at the terms of 
court to be fixed by the court at a rate of twelve dollars and 
fifty cents per day, and shall be reimbursed for their actual 
expenses when away from home engaged in court work. 
Supplies for their use in the business of the court shall be 
furnished by the clerks of the court, and paid for by the 
respective counties. 

2. Takes Effect. This act shall take effect July 1, 1945. 
[Approved May 18, 1945.] 



CHAPTER 194. 



AN ACT RELATIVE TO THE SALARY OF THE COMMISSIONER 
OF EDUCATION. 

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

1. State Board of Education. Amend section 49 of chap- 
ter 134 of the Revised Laws by striking out said section and 
inserting in place thereof the following : 49. Commissioners. 
The state board, with the approval of the governor and coun- 
cil, shall fix the annual salary of the commissioner of edu- 
cation, provided that said salary shall not exceed eight thou- 
sand dollars, and the state board shall fix the annual salaries 
of the first and second deputy commissioners, provided that 
said deputy commissioners' salaries shall not exceed four 
thousand dollars each. The annual salary of the third deputy 
commissioner shall be three thousand dollars, and of the 
fourth deputy commissioner, twenty-five hundred dollars. 

2. Takes Effect. This act shall take effect as of July 1, 
1945. 

[Approved May 18, 1945.] 



356 Chapters 195, 196 [1945 

CHAPTER 195. 

AN ACT RELATIVE TO THE NAME OF THE BRIDGE TO BE BUILT 
ACROSS THE MERRIMACK RIVER. 

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

1. Memorial Bridge Named. Amend section 3 of an act 
passed at the present session of the legislature entitled, "An 
Act for the construction of a bridge over the Merrimack 
river between the towns of Merrimack and Litchfield" by 
striking out said section and inserting in place thereof the 
following: 3. Name. Said bridge shall be known as the 
Franklin Delano Roosevelt Memorial Bridge. After the con- 
struction of said bridge, bronze plaques shall be placed at 
each end of said bridge with the following inscription: 

To the Memory of 
Franldin Delano Roosevelt 
President of the United States 
World Statesman and Leading Advocate 
of the Good Neighbor Policy Among Nations. 
The State of New Hampshire 
Dedicates This Bridge 
(Date of opening of bridge) 
The cost of said plaques shall be a charge upon the appro- 
priation for said bridge. 

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

[Approved May 18, 1945.] 



CHAPTER 196. 



AN ACT RELATING TO SCHOLARSHIPS FOR ORPHANS OF 
WORLD WAR II VETERANS. 

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

1. Scholarships for Orphans of Veterans. Amend section 1 
of chapter 35 of the Laws of 1943 by striking out the word 
"state" in the fourth hne; further amend by inserting after 
the word "years" in the fifth line the words, who are legal 
residents of the state at the time of application; further 



1945] Chapter 197 357 

amend by inserting after the figures "1921" in the eighth line 
the words, or during World War II, so that said section as 
amended shall read as follows: 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 institutions of secondary or 
college grade, of children, between the ages of sixteen and 
twenty-one years, who are legal residents of the state at the 
time of application, whose fathers were enhsted 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, or during World War II, and who have since 
died from service connected disabilities so rated by the federal 
government. 

2. Increase in Appropriation. Amend section 4 of said 
chapter 35 by striking out said section and inserting in place 
thereof the following: 4. Appropriation. The sum of two 
thousand seven hundred dollars ($2700) is hereby appro- 
priated for the fiscal year ending June 30, 1946, and the sum 
of two thousand seven hundred dollars ($2700) is hereby 
annually appropriated for each fiscal year 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 pro- 
vided for herein for a period of more than four years. 

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

[Approved May 18, 1945.] 



CHAPTER 197. 

AN ACT RELATIVE TO MUNICIPAL PERMITS FOR REGISTRATION. 

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

1. Motor Vehicle Municipal Permits. Amend section 22 of 
chapter 116 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 22. Account- 
ing. Each designated city official and town clerk shall keep 
an account of the money received by him for said permits and 



358 Chapter 198 [1945 

deposit the same in the city or town treasury on the last 
Saturday of each month, to be used for the general purposes 
of the city or town. Failure to deposit shall be cause for 
immediate removal from office. A town clerk shall be paid on 
orders drawn on the town treasurer by the selectmen twenty- 
five cents for each permit issued, and in addition thereto may 
collect from the apphcant for each permit issued, twenty-five 
cents, for his own use. 

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

[Approved May 18, 1945.] 



CHAPTER 198. 

AN ACT RELATING TO THE ORGANIZATION OP POLITICAL PARTIES. 

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

1. Party Organization; County and State Committees. 

Amend section 60, chapter 33 of the Revised Laws by strik- 
ing out said section and by substituting therefor the follow- 
ing: 60. Pai-ty Organization. The party nominees and 
state delegates of each county shall elect a county committee 
for their party either in said state convention or in county 
convention upon call of the chairman of the state committee. 
The county committee shall consist of such number of per- 
sons as the state convention shall by vote apportion to each 
county. The members of the several committees thus chosen 
shall constitute the state committee of the party. The chair- 
man and other officers of the state committee need not be 
members of the committee. The party members in each 
town, ward or city may effect such an organization as they 
may deem expedient for advancing the purposes of their 
party. 

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

[Approved May 18, 1945.] 



1945] Chapters 199, 200 359 

CHAPTER 199. 

AN ACT RELATIVE TO SALARIES OF DEPUTY REGISTERS 
OF PROBATE. 

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

1. County Probate Offices. Amend section 21 of chap- 
ter 347 of the Revised Laws by striking out said section and 
inserting in place thereof the following: 21. Salaries of 
Deputies. The annual salaries of the deputy registers of pro- 
bate shall be paid by the state and shall be as follows : 

In Rockingham county, twelve hundred dollars. 

In Strafford county, eight hundred dollars. 

In Belknap county, five hundred dollars. 

In Carroll county, five hundred dollars. 

In Merrimack county, twelve hundred dollars. 

In Hillsborough county, sixteen hundred dollars. 

In Cheshire county, eight hundred dollars. 

In Sullivan county, six hundred dollars. 

In Grafton county, eight hundred dollars. 

In Coos county, eight hundred dollars. 

2. Appropriation. The sum of three thousand five hun- 
dred dollars for the fiscal year ending June 30, 1946, and a 
like sum for the fiscal year ending June 30, 1947, are hereby 
appropriated for salaries of deputy registers of probate. This 
appropriation is in addition to the sums otherwise appro- 
priated for said salaries. The governor is authorized to draw 
his warrant for the sums hereby appropriated out of any 
money in the treasury not otherwise appropriated. 

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

[Approved May 18, 1945.] 



CHAPTER 200. 



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 



360 Chapter 201 [1945 

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, 
1945, and to continue for a period which shall terminate on 
July 1, 1947. 

2. Amount of Temporary Increase. The temporary in- 
crease in pay provided for by section 1 shall be computed 
annually as ten 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 two hundred 
dollars nor more than three hundred and fifty 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 as legally established when this act shall become 
effective, and as thereafter legally established or revised. 

4. Repeal; Takes Effect. Chapter 170 of the Laws of 1943 
is hereby repealed and this act shall take effect July 1, 1945. 

[Approved May 18, 1945.] 



CHAPTER 201. 

AN ACT PROVIDING FOR THE PARTICIPATION OF CERTAIN EMPLOY- 
EES OF COUNTIES, CITIES, TOWNS, SCHOOL DISTRICTS OR 
OTHER POLITICAL SUBDIVISIONS OF THE STATE, IN 
THE EMPLOYEES' RETIREMENT SYSTEM OF THE 
STATE OF NEW HAMPSHIRE. 

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

1. Definitions. The following words and phrases as used 
in this act, unless a different meaning is plainly required by 
the context, shall have the following meanings : 

I. "State employees' retirement system" shall mean the 
employees' retirement system of the state of New Hampshire, 
as established by chapter 27-xA. of the Revised Laws as in- 
serted by chapter 183 of the Laws of 1945. 

IT. "State teachers' retirement system" shall mean the 
New Hampshire teachers' retirement system, as established 
by chapter 136 of the Revised Laws. 



1945] Chapter 201 361 

III. "Firemen's retirement system" shall mean the re- 
tirement system for firemen in the state of New Hampshire, 
as established by chapter 220 of the Revised Laws. 

IV. "Policemen's retirement system" shall mean the re- 
tirement system for policemen in the state of New Hamp- 
shire, as estabhshed by chapter 221 of the Revised Laws. 

V. "Local retirement system" shall mean any retirement 
system or other arrangement for the payment of retirement 
benefits in existence at the time of the passage of this act, 
which is supported wholly or in part by public funds, exclusive 
of the state teachers' retirement system, the firemen's retire- 
ment system, the policemen's retirement system, or the state 
employees' retirement system. 

VI. "Board of trustees" shall mean the administrative 
board of the state employees' retirement system. 

2. General Conditions for Participation. The governing 
board of any county, city, town, school district or other political 
subdivision of the state may, by resolution legally adopted, in 
form approved by the board of trustees of the state employees* 
retirement system, elect to have its officers and employees be- 
come eligible to participate in the state employees' retirement 
system. After such election, such body shall be known as an 
employer for the purposes of this act and for the purposes of 
the act governing the state employees' retirement system. 
The board of trustees shall set the date, which shall not be 
prior to July 1, 1946, when the participation of the officers 
and employees of any employer shall become effective, and 
then such officers and employees may become members of the 
state employees' retirement system and participate therein, 
as provided in the provisions of this act. Notwithstanding 
anything to the contrary, employees of any employer who are 
members or eligible to become members of the firemen's re- 
tirement system, the policemen's retirement system or the 
state teachers' retirement system shall not be entitled to be- 
come members of the state employees' retirement system ; and 
employees who are members of any local retirement system 
other than a local retirement system for teachers shall be en- 
titled to become members of the state employees' retirement 
system only as provided under section 3 of this act. 

3. Participation of Members of Local Retirement Systems. 
Should a majority of the members of any local retirement 
system elect to become members of the state employees' re- 



362 Chapter 201 [1945 

tirement system, by a petition duly signed by such members, 
and should their employer elect to have them participate by 
resolution legally adopted in form approved by the board of 
trustees of the state employees' retirement system, such em- 
ployees shall participate in the state employees' retirement 
system, as provided in section 1 of this act, as though such 
local retirement system were not in operation. The retire- 
ment allowances being paid by the local retirement system on 
the date such participation in the state employees' retirement 
system becomes effective shall be continued and paid at their 
existing rates by the state employees' retirement system and 
the liability on this account shall be included in the compu- 
tation of the accrued liability contribution payable by the em- 
ployer as provided by section 6 of this act. Any cash and 
securities to the credit of the local retirement system shall be 
transferred to the state employees' retirement system as of 
the date participation begins. The trustees or other adminis- 
trative head of the local retirement system as of the date of 
participation shall certify the proportion of any of the funds 
of the local retirement system that represents the accumu- 
lated contributions of the members and the relative shares of 
the members as of that date. Such shares shall be credited to 
the respective annuity savings accounts of such members in 
the state employees' retirement system as additional contri- 
butions. The balance of the funds transferred to the retire- 
ment system shall be offset against the accrued liability be- 
fore determining the special accrued liability contribution to 
be paid by the employer as provided by section 6 of this act. 
The operation of the local retirement system shall be dis- 
continued as of the date participation becomes effective in the 
state system. 

4. Membership. I. Membership in the state employees' 
retirement system shall be optional for officers and employees 
of the employer who are in the service of the employer on the 
date when participation becomes effective, and any such 
officer or employee who elects to join the state employees' re- 
tirement system within one year thereafter shall be entitled 
to a prior service certificate covering such periods of previous 
service rendered to such employer, or his predecessor, or the 
state, or in any other capacity approved by the employer and 
the board of trustees, for which the employer is willing to 
make accrued liability contributions. Thereafter service for 



1945] Chapter 201 363 

such employer on account of which contributions are made by 
the employer and member shall be considered also as credit- 
able service. 

XL Membership shall be compulsory for all employees 
entering the service of such employer after the date partici- 
pation becomes effective, 

III. The chief fiscal officer of the employer, and the 
heads of its departments, shall submit to the board of trustees 
such information and shall cause to be performed with respect 
to the employees of said employer, who are members of the 
state employees' retirement system, such duties as shall be 
prescribed by the board of trustees in order to carry out the 
provisions of this act. 

5. Benefits. Employees who become members of the state 
employees' retirement system under this act and on behalf of 
whom contributions are paid as provided in this act shall be 
entitled to benefits under the state employees' retirement 
system as though they were state employees. 

6. Contributions. I. Employees who have become mem- 
bers of the state employees' retirement system under the 
provisions of this act shall contribute at the same rates of 
contribution and on the same basis as state employees. 

II. Employers whose employees become members of the 
state employees' retirement system under the provisions of 
this act shall make contributions in behalf of their employees 
corresponding to the contributions which the state makes in 
behalf of state employees, except that each employer shall 
make a special accrued liability contribution, which shall be 
determined by an actuarial valuation of the accrued liability 
on account of the employees of such employer who elect to be- 
come members, in the same way as the accrued liability rate 
was originally determined for state employees. The special 
accrued liability contribution rate for all employers electing 
to have their employees participate as of July 1, 1946 shall 
be based on a combined valuation for all such employers and 
shall be uniform for all such employers. Notwithstanding the 
foregoing, regardless of date of participation, the special 
accrued liability contribution on account of employees, who 
were members of a local retirement system discontinued in 
accordance with section 3 of this act, shall be determined on 
the basis of a special valuation of the benefits to be paid on 
account of such employees. The special accrued liability con- 



364 Chapter 201 [1945 

tribution, subject to such adjustment as may be necessary on 
account of any additional prior service credits awarded to em- 
ployees of such employer, shall be payable by each employer 
in lieu of the accrued liability contribution payable by the 
state on account of state employees. The expense of making 
the valuation to determine any special accrued liability contri- 
bution shall be assessed against and paid by the employer or 
employers on whose account the valuation is necessary. 

III. The contributions payable by employers whose em- 
ployees participate in the state employees' retirement system 
shall be certified by the board of trustees to the chief fiscal 
officer of the employer and shall include a pro-rata share of 
the cost of administration of the state employees' retirement 
system based upon the payroll of the employees of the em- 
ployer who are members. The amounts so certified shall be 
a charge against the employer. The chief fiscal officer of 
each such employer shall pay to the state treasurer the 
amount certified by the board of trustees as payable under 
the provisions of this act, and the state treasurer shall credit 
such amounts to the appropriate funds of the state employ- 
ees' retirement system. 

IV. The agreement of any employer to contribute on 
account of its employees shall be irrevocable, but should an 
employer for any reason become financially unable to make 
the contributions payable on account of its employees as set 
forth in this act, then such employer shall be deemed to be 
in default. All members of the state employees' retirement 
system who were employees of such employer at the time of 
default shall thereupon be entitled to discontinue membership 
in the state employees' retirement system and to a refund of 
their previous contributions upon demand made within ninety 
days thereafter. As of a date ninety days following the date 
of such default, the actuary of the state employees' retire- 
ment system shall determine by actuarial valuation the 
amount of the reserves held on account of each remaining 
active member and beneficiary of such employer and shall 
credit to each such member and beneficiary the amount of re- 
serve so held. The reserve so credited, together with the 
amount of the accumulated contributions of each such active 
member, shall be used to provide for him a paid up deferred 
annuity beginning at age sixty-five, and the reserve of each 
beneficiary shall be used in providing such part of his existing 



1945] Chapter 202 365 

retirement allowance as the reserve so held will provide, which 
retirement allowance shall thereafter be payable to him. The 
rights and privileges of both active members and beneficiaries 
of such employer shall thereupon terminate, except as to the 
payment of the deferred annuities so provided and the retire- 
ment allowance, or parts thereof, provided for the bene- 
ficiaries. 

7. Limitation on Payments. Notwithstanding anything to 
the contrary in this act, the retirement system shall not be 
liable for the payment of any retirement allowance or other 
benefits on account of the employees or beneficiaries of any 
employer under this section for which reserves have not been 
previously created from funds contributed by such employer, 
or its employees, for such benefits. 

8. Separability Clause. If any provisions of this chapter, 
or the application thereof to any person or circumstances, is 
held invalid, such invalidity shall not affect other provisions 
or applications of the chapter which can be given effect with- 
out the invalid provision or application, and to this end the 
provisions of this chapter are declared to be severable. 

9. Takes Effect. This act shall take effect as of July 1, 
1945. 

[Approved May 18, 1945.] 



CHAPTER 202. 

AN ACT RELATIVE TO FIREMEN'S RETIREMENT SYSTEM. 

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

1. Firemen's Retirement System. Amend section 1 of 
chapter 220 of the Revised Laws, by adding at the end of said 
section the words, as defined in section 16 hereof, so that said 
section as amended shall read as follows: 1. Declaration of 
Policy. The public welfare requires that a system of retire- 
ment benefits shall be established to compensate the firemen 
of this state for their future pubhc services rendered in the 
performance of their duties of saving life and property within 
this state; and that suitable compensation shall be provided 
for the firemen of this state or their dependents whenever such 
firemen shall be permanently disabled or killed in line of duty, 
as defined in section 16 hereof. 



366 Chapter 202 [1945 

2. Limitations. Amend section 5 of said chapter 220 by 
striking out the words "unless he is, at least, of an age thirty 
years less than the optional age of retirement in effect at the 
time of his application" and inserting in place thereof the 
words, if he makes application for the benefits hereof after 
having reached his thirty-fifth birthday, so that said section as 
amended shall read as follows : 5. Exception. No person be- 
coming a permanent fireman at or after June 13, 1941, shall be 
entitled to the benefits under this chapter if he makes appli- 
cation for the benefits hereof after having reached his thirty- 
fifth birthday. 

3. Disability Benefits. Amend section 16 of said chap- 
ter 220 by striking out said section and inserting in place 
thereof the following: 16. In Case of Death or Disability. 
A permanent fireman accepting the provisions of this chapter, 
who shall have become permanently disabled from fire duty, be- 
cause of injury received in line of duty, shall receive an annual 
sum equal to one-half his annual salary at the date of his dis- 
ability, and in case of call, volunteer, or substitute firemen, who 
become permanently and totally disabled because of injury re- 
ceived in line of fire duty, an annual sum equal to one-half the 
annual salary allowed to permanent firemen of private grade, 
first year, in same department to which said call fireman be- 
longed, or in nearest fire department employing permanent fire- 
men, of the grade private, first year, for the duration of such 
disability, provided that at any time such sum shall not ex- 
ceed, for either permanent or call fireman, one thousand two 
hundred fifty dollars per year. Firemen shall be acknowledged 
as performing their duty when they are going to, returning 
from or working at a fire or other public emergency ; when per- 
forming all work within the scope of employment of the fire- 
man under the expressed or implied authority of a superior 
officer; and in such other cases as the board may from time to 
time decide to be for the public interest. Line of duty shall 
at no time be construed to mean any time off going to or from 
meals. No claim for disability hereunder shall be valid unless 
such disability shall be immediate and continuous from the 
date of injury received in line of duty, and no claim for death 
shall be valid unless such death shall be immediate or pre- 
ceded by total and continuous disability from such date of 
disability received in line of duty. The fact of permanent dis- 
ability may be established by the certificate of a physician 



1945] Chapter 202 367 

designated by the board. In case a fireman accepting the 
provisions hereof shall die as the result of injury received in 
line of duty, his widow or if none, his minor child or children 
shall receive an annual sum equal to the compensation allowed 
for disability for either permanent or call firemen, as the case 
may be, until in case of a widow, she dies or remarries, or, 
in case of a minor child or children, the board in its discretion 
shall pay such sum as a joint and survivor annuity, until such 
child dies or attains the age of eighteen years, and in case 
there is no wife, child or children under age eighteen surviv- 
ing such member, then to his totally dependent father or 
mother, or both, and the survivor of either one of them, as 
the board in its discretion shall determine, during dependency, 
and until remarriage of either. No further claim for retire- 
ment benefits shall be valid at the death of a retired member 
whose retirement was the result of disability received in line 
of duty. 

4. Other Benefits. Amend said chapter 220 by inserting 
after section 16 the following new section: 16-a. Ordinary 
Disability; Medical Examination. Upon the application to the 
retirement board of a member in active service, any member 
who has twenty or more years of creditable service may be 
retired on an ordinary disability retirement allowance of one- 
half his average actual salary, based upon the total salary 
earned over the period of years of service beginning with the 
date of his application to the benefits hereof to the date of his 
retirement; provided that, the physician or physicians desig- 
nated by the board certify that he is mentally or physically 
incapacitated for the further performance of duty, that such 
incapacity is likely to be permanent, and that he should be 
retired. Once each year during the first years following the 
retirement of a member on a total and permanent disability, 
or ordinary disability retirement, and once in every three- 
year period thereafter, the board may require any disability 
beneficiary, who has not attained age sixty-five, to undergo a 
medical examination by a physician or physicians designated 
by the board. If any disability beneficiary, who has not at- 
tained age sixty-five, refuses to submit to such medical ex- 
amination, his retirement may be discontinued by the board, 
until his withdrawal of such refusal, and if his refusal con- 
tinues for more than a year, all his rights in and to his pen- 
sion may be revoked by the board. If the physician or physi- 



368 Chapter 202 [1945 

cians designated by the board report and certify that the dis- 
ability beneficiary is again able to engage in fire duty, his re- 
tirement allowance shall be discontinued. On his reinstate- 
ment to active service his rate of assessment shall be the same 
as assessed against him previous to the date of his disability, 
and his period of disability shall be considered as part of con- 
tinuous service. 

5. Continuous Service Credit. Amend said chapter 220 by 
inserting after section 17 the following new section: 17-a. 
Military Service; Sickness. Any permanent fireman who was 
or is a member of this retirement system and who has termi- 
nated or terminates his employment in order to enter directly 
into the armed forces of the United States or other emergency 
wartime service of the United States shall be entitled to con- 
tinuous service membership in this system, provided he again 
becomes a permanent fireman after the termination of his 
service in the armed forces and without intervening employ- 
ment elsewhere. Any permanent fireman who is on leave of 
absence due to illness or injury and whose compensation has 
been partly or wholly terminated during his period of illness 
shall be entitled to continuous credit in the computation of 
his retirement allowance, except that, in case of reimburse- 
ment of his contributions to the fund, under the provisions 
of section 17, he shall be entitled to his actual contributions 
to the fund only, plus interest, as designated by the board. 

6. Named Beneficiaries. Amend section 18 of said chap- 
ter 220 by striking out the words "personal representatives" 
in the third line and inserting in place thereof the words, 
named beneficiary, and by striking out the word "estate" in 
the seventh line and inserting in place thereof the words, 
named beneficiary, so that said section as amended shall read 
as follows: 18. Resignation, Dismissal, Reinstatement and 
Withdrawal. Any permanent fireman accepting the pro- 
visions hereof, who shall retire, withdraw or be dismissed 
from service, and the named beneficiary of any such perma- 
nent fireman who may die while in active service from causes 
not due to fire duty as described in section 16, shall be en- 
titled to receive from the board all payments made thereto by 
him with interest at such rate as the board may prescribe. 
The named beneficiary of any retired permanent fireman who 
may die while in retirement, and whose retirement benefits to 
the time of death should be less than his total payments, plus 



1945] Chapter 203 369 

interest, to the board, shall be entitled to receive from the 
board an amount which shall be the difference, if such exists, 
between such fireman's total payments, plus interest, to the 
board and his total benefits received while on retirement to 
the time of his death. Upon retirement or dismissal from 
service a permanent fireman shall no longer be obligated to 
pay assessments to the fund. Any permanent fireman, re- 
signed or dismissed from service as aforesaid, may, if he 
thereafter reenters services as a permanent fireman, be re- 
instated to the benefits hereof upon payment to the board of 
all assessments which might have been assessed against him 
plus accumulated interest, at such rate as the retirement fund 
is earning on its own investments for the year previous to the 
date of reinstatement, from the date of his original acceptance 
of this chapter to the date of his reinstatement to the bene- 
fits hereof. Notice of dismissal or death, not due to fire duty 
as described in section 16, of a permanent fireman who has 
accepted the provisions of this chapter, shall be sent to the 
board by the chief clerk or other responsible officer of city, 
town or precinct by whom said fireman was employed. 

7. Exemptions. Amend section 19 of said chapter 220 by 
striking out the last sentence thereof,- so that said section as 
amended shall read as follows: 19. Exemption. The pay- 
ments made by permanent firemen to the retirement board 
and the benefits or compensation received hereunder shall be 
exempt from taxation, attachment, and the operation of laws 
relating to insolvency or bankruptcy. No assignment or com- 
pensation due under this chapter shall be valid unless 
approved by the board. 

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

[Approved May 18, 1945.] 



CHAPTER 203. 

AN ACT RELATING TO PORCUPINES. 

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

1. Bounties. Amend chapter 180 of the Revised Laws 
by inserting after section 1, the following new section: 



370 Chapter 204 [1945 

2. Porcupines. If any person shall kill a porcupine within 
this state and shall produce the head thereof to the select- 
men 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 select- 
men 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 reimbursed for payment of said 
bounties as provided in section 5 hereof. 

2. Takes Effect. This act shall take effect as of May 20, 
1945. 

[Approved May 18, 1945.] 



CHAPTER 204. 



AN ACT RELATIVE TO THE ESTABLISHMENT OF AREA VOCATIONAL 
SCHOOLS AND STATE TRADE SCHOOLS. 

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

1. Declaration of Purpose. This act is designed to pro- 
vide trade and vocational training and retraining for the 
occupational adjustment and readjustment of youth and 
adults and particularly to provide trade school facilities for 
veterans demobilized from the armed services. It is recog- 
nized that no such facilities are available within this state at 
the present time, that the need is sufficiently urgent to create 
an emergency and that prompt action is necessary. 

2. State Director of Trade Schools. The state board of 
education, with the approval of the governor and council, shall 
appoint a state director of trade schools and fix his com- 
pensation. 

3. Duties of Director. The director shall have authority, 
subject to the approval of the state board of education, to 
execute in the name of the state such leases, deeds, or bills of 
sale, of real and personal property as may be necessary to 
carry out the general purposes of this act; the state board of. 



1945] Chapter 204 371 

education may employ such assistants as it may deem neces- 
sary and, with the approval of the governor and council, fix 
their compensation; the state board of education shall employ 
such instructors under such terms and conditions as it may 
deem necessary to teach adequately the courses established 
under the authority hereof and, with the approval of the gov- 
ernor and council, fix their compensation; the state board of 
education shall determine the courses of instruction to be in- 
cluded in said trade schools, and in general it shall have the 
duty and all authority incidental thereto to do all things 
necessary to accomplish promptly the general purposes hereof. 

4. State Trade Schools. The state board of education is 
hereby authorized and directed to establish and maintain one 
or more state trade schools in such location or locations as in 
its opinion may be most advantageous to the accomplishment 
of the general purpose of this act. 

5. Existing Equipment. So far as is satisfactory to the 
local school boards concerned, the state board of education 
shall utilize in the equipment of said trade schools any train- 
ing equipment owned by the state or the use of which is made 
available to the state by the federal government or from any 
other source. 

6. Tuition. Tuition to said trade schools shall be charged 
at such rate for each enrollee as the state board of education, 
with the consent of the governor and council, shall determine. 
Tuition so received shall be paid to the state treasurer who 
shall keep a separate account thereof. If, in the opinion of 
the governor and council, additional funds are necessary to 
carry out the purposes of this act, said tuition fund may be 
used for that purpose and the state treasurer is authorized 
to pay out the same on the governor's manifest. Any balance 
in said fund at the close of each fiscal year shall be trans- 
ferred to the general funds of the state and the appropri- 
ations made hereunder shall be reduced thereby. 

7. Appropriation. There is hereby appropriated for the 
purpose of equipping said trade schools the sum of one hun- 
dred fifty thousand dollars ($150,000), not more than seventy- 
five thousand dollars ($75,000) of which shall be expended for 
equipping any one school. There is also appropriated for the 
purpose of leasing or purchasing of real or personal property 
and for the maintenance and operation of said trade schools 
the sum of one hundred ninety-five thousand dollars 



372 Chapter 204 [1945 

($195,000) for the fiscal year ending June 30, 1946, and the 
sum of two hundred fifty-five thousand dollars ($255,000) for 
the fiscal year ending June 30, 1947. Of the amounts so 
appropriated for maintenance and operation not more than 
one hundred forty thousand dollars ($140,000) shall be ex- 
pended in any fiscal year for any one school. The governor is 
authorized to draw his warrants for the sums appropriated 
hereunder out of any money in the treasury not otherwise 
appropriated. 

8. Establishment of Area Vocational Schools. The state 
board of education is hereby authorized and directed to desig- 
nate not less than five public high schools, situated re- 
spectively in the northern, southern, central, eastern and 
western parts of the state, as area vocational schools. The 
school districts to be included within the area of each area 
vocational high school district shall be designated by the state 
board. 

9. State Aid for Tuition. Of the total appropriation made 
under section 10 of this act, there shall be allotted a sum not 
in excess of twenty per cent for the purpose of state aid for 
tuition of pupils, eligible for vocational courses under stand- 
ards set by the state board of education, who attend day 
school vocational classes in area vocational schools from dis- 
tricts maintaining high schools but not offering approved 
vocational courses similar to those offered in area vocational 
schools. The amount of state aid for tuition for each pupil shall 
not exceed the rate prescribed under section 26, chapter 138 
of the Revised Laws. In the event that the sum allotted for 
state aid for tuition is insufficient to pay the total amount of 
tuition of pupils as set forth above, the reduction shall be 
prorated among the total number of eligible pupils so attend- 
mg. All payments of tuition under this section shall be made 
to the district treasurers of the districts maintaining area 
vocational schools and credited toward the tuition charge 
against each pupil. 

10. Appropriation. The sum of one hundred thirteen 
thousand, four hundred dollars ($113,400) for the fiscal year 
ending June 30, 1947, is hereby appropriated for the purpose 
of carrying out the provisions of sections 2 and 3 hereof. The 
sum hereby appropriated shall be expended under the direction 
of the state board. The governor is authorized to draw his 



1945] Chapter 205 373 

warrant for the sum hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

11. Federal Grants. Federal funds which may be made 
available by the federal government under legislation passed, 
subsequent to the passage of this act, for trade courses, shall 
be appHed to the reduction of the cost of maintenance of such 
courses in the state trade schools and the state appropriation 
reduced thereby. 

12. Takes Effect. This act shall take effect as of July 1, 
1945. 

[Approved May 18, 1945.] 



CHAPTER 205. 

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; Aid to Dependent Children. In addition 
to any other appropriation for the department of public wel- 
fare the sum of thirty-five thousand dollars for the fiscal year 
ending June 30, 1946, and a like sum for the fiscal year end- 
ing June 30, 1947, are hereby appropriated for the use of said 
department for aid to dependent children, and the governor 
is authorized to draw his Vv^arrants for said sums out of any 
money in the treasury not otherwise appropriated. 

2. Transfer of Funds to General Funds. A sum not ex- 
ceeding three million four hundred and ninety-five thousand 
dollars for the fiscal year ending June 30, 1946, and a sum not 
exceeding three million four hundred and ninety-five thousand 
dollars for the fiscal year ending June 30, 1947, 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 treas- 
urer, 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. 

3. Takes Effect. This act shall take effect July 1, 1945. 
[Approved May 18, 1945.] 



374 Chapter 206 [1945 

CHAPTER 206. 

AN ACT RELATIVE TO THE ISSUANCE OF BONDS OR NOTES TO 

FORWARD THE BUILDING PROGRAM AT THE UNIVERSITY OF 

NEW HAMPSHIRE, AND TO BE LIQUIDATED FROM 

UNIVERSITY INCOME. 

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

1. Bonds or Notes Authorized. In order to provide funds 
to forward the building program at the University of New 
Hampshire, the governor, upon receipt of a request from the 
board of trustees of the university, and by and with the con- 
sent of the council, may direct the state treasurer to borrow 
upon the faith and credit of the state a sum not exceeding 
three hundred and fifty thousand dollars, and to be liquidated 
through income accruing to the university under section 18, 
chapter 222 of the Revised Laws. For that purpose the state 
treasurer is hereby authorized, when so directed by the gov- 
ernor and council, to issue bonds or notes in the name and on' 
behalf of the state with such rates of interest, in such form 
and denominations, with such dates of maturity and other 
provisions as the governor and council may determine. Such 
bonds or notes shall be signed by the treasurer and counter- 
signed by the governor and shall be deemed a pledge of the 
faith and credit of the state. All such bonds or notes shall 
contain an express guarantee which shall be deemed a con- 
tract on the part of the state that the bonds or notes will be 
liquidated in equal annual installments in a period not exceed- 
ing fourteen years from the University of New Hampshire 
fund as provided in section 18 of chapter 222 of the Revised 
Laws. 

2. 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, time when payable and date of de- 
livery to the treasurer. The state treasurer shall keep an 
account of each bond or note showing the number thereof, 
name of the person to whom sold, the amount received for the 
same, the date of the sale and the time when payable. 

3. Sale; Proceeds. The state treasurer may negotiate and 
sell such bonds or notes by direction of the governor and coun- 
cil in such manner as they may determine to be most ad- 



1945] Chapter 207 375 

vantageous to the state. All such sum or sums thus realized 
shall be credited by the state treasurer to the university and 
shall be expended under the direction of the board of trustees 
for the aforesaid purpose. 

4. Liquidation. The state treasurer is authorized to de- 
duct from said university fund for each fiscal year such 
sum or sums as may be necessary to meet interest and prin- 
cipal payments in accordance with the terms and conditions of 
the bonds or notes issued under the authority of this act for 
the purpose herein stated. 

5. Appropriation. For the purpose of providing the neces- 
sary credit for the issuance of such bonds or notes to be 
liquidated in the manner hereinbefore provided, and for the 
purpose of carrying out the provisions of this act, there is 
hereby appropriated the sum of three hundred fifty thousand 
dollars ($350,000). 

6. Application of Laws. The sum hereby appropriated for 
the building program at the university shall be in addition to 
the sums which the trustees may borrow in anticipation of 
income as provided by section 21 of chapter 222 of the Revised 
Laws. 

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

[Approved May 18, 1945.] 



CHAPTER 207. 

AN ACT CREATING A CLASSIFICATION PLAN BOARD. 

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

1. Creation of Board. Amend chapter 145 of the Laws of 
1943 by adding after section 5 thereof the following new sec- 
tion: 5-a. Classification Plan Board. There is hereby 
created a classification plan board which shall consist of five 
members to be appointed by the governor with the advice and 
consent of the council. Three members, to be known as non- 
employee members, shall be qualified persons who shall not 
otherwise be employed by the state; two members, to be 
known as employee members, shall be appointed from a panel 
of five names to be selected by the New Hampshire state em- 



376 Chapter 207 [1945 

ployees' association from among its members. Vacancies shall 
be filled for the unexpired term in like manner as the original 
appointment. Said members shall be appointed for a term of 
five years each and until their successors are appointed and 
qualified; provided, however, that for the first appointment, 
the three non employee members shall be appointed for terms 
of one, three and five years respectively, and the two employee 
members shall be appointed for terms of two and four years 
respectively. The governor shall designate the chairman of 
said board. 

2. Duties of Board. Amend section 4 of said chapter 145 
by striking out said section and inserting in place thereof the 
following: 4. Modifications. The board shall have the au- 
thority 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 after 
approval thereof by the governor and council. 

3. Governor and Council. Amend section 7 of said chap- 
ter 145 by striking out said section and inserting in place 
thereof the following: 7. Rules and Regulations. The 
board shall adopt such rules and regulations as may be neces- 
sary for the administration of said plan and the carrying out 
of the purposes of this act and may modify such rules and 
regulations from time to time, as the need may indicate, pro- 
vided that such rules and regulations and modifications there- 
of shall not become effective until approved by the governor 
and council. 

4. Expenses. The members of the board shall serve with- 
out compensation but shall be reimbursed for their reasonable 
expenses incurred in the performance of their duties and the 
governor is hereby authorized to draw his warrant for the 
sums necessary hereunder out of any money in the treasury 
not otherwise appropriated. 

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

[Approved May 18, 1945.] 



1945] Chapter 208 377 

CHAPTER 208. 

AN ACT RELATIVE TO COMPENSATION OF MEMBERS OF THE 
STATE GUARD. 

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

1. State Guard. Amend section 7 of chapter 144 of the 
Revised Laws by adding at the end thereof the words, For 
each prescribed weekly drill of not less than one and one-half 
hours duration, attended in uniform, each enlisted man of the 
state guard shall be paid fifty cents ; each commissioned officer 
who, on July 1, 1945, is completely uniformed at his own ex- 
pense with the authorized state guard uniform shall receive 
the sum of one hundred dollars as an initial officer's uniform 
allowance and, after that date, a like sum shall be paid to each 
officer initially commissioned in the state guard, upon the 
certification of his immediate superior that he is fully uni- 
formed as required, so that said section as amended shall read 
as follows: 7. Pay and Allowances. The provisions of sec- 
tion 60, chapter 143, shall not apply to the state guard which 
shall be compensated as follows: For each day's service in 
complete uniform, when ordered out for duty by command 
of the governor, except for annual inspection, drill, target 
practice or special service, each commissioned officer of the 
state guard sliall be paid at the same rate, base pay, as an 
officer of like grade in the United States army; and each en- 
listed man of the state guard shall be paid at the rate, base 
pay, prescribed in federal pay tables for an enlisted man of 
like grade in the United States army. For each prescribed 
weekly drill of not less than one and one-half hours duration, 
attended in uniform, each enlisted man of the state guard 
shall be paid fifty cents; each commissioned officer who, on 
July 1, 1945, is completely uniformed at his own expense with 
the authorized state guard uniform shall receive the sum of 
one hundred dollars as an initial officer's uniform allowance 
and, after that date, a like sum shall be paid to each officer 
initially commissioned in the state guard, upon the certifi- 
cation of his immediate superior that he is fully uniformed 
as required. 

2. Appropriation. The sum of thirty thousand dollars is 
hereby appropriated for the state guard for the fiscal year 
1945-1946 and thirty thousand dollars for the fiscal year 1946- 



378 Chapter 209 [1945 

1947 for the purpose of paying enlisted men for attendance at 
authorized drill as provided in section 1 of this act; the sum 
of four thousand dollars is appropriated for the fiscal year 
1945-1946 and four thousand dollars for the fiscal year 1946- 
1947 for the purpose of paying commissioned oflScers and non- 
commissioned officers while on active duty in attendance at 
military schools ; and the sum of ten thousand dollars is appro- 
priated for the fiscal year 1945-1946 and the sum of three 
thousand dollars for the fiscal year 1946-1947 for the purpose 
of providing initial uniform allowances for commissioned 
officers. The sums hereby appropriated shall be in addition 
to other appropriations for the state guard and the governor 
is authorized to draw his warrants for said sums out of any 
money in the treasury not otherwise appropriated. 

3. Takes ■ Effect. This act shall take efifect upon its 
passage. 

[Approved May 18, 1945.] 



CHAPTER 209. 



AN ACT RELATIVE TO THE SALARIES OF THE COMMISSIONERS OF 
ROCKINGHAM COUNTY. 

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

1. Temporary Salary Increase. For each of the periods 
from January 1, 1945 to January 1, 1946, and from January 1, 
1946 to January 1, 1947, each county commissioner of the 
county of Rockingham shall be allowed and paid by the county 
the sum of fifteen hundred dollars. During said two periods 
such provisions of section 27 of chapter 47 of the Revised 
Laws as amended, and chapter 179 of the Laws of 1943 as 
may be inconsistent with the provisions of this section are 
hereby suspended to the extent of such inconsistency. The 
annual salary hereinbefore provided for each commissioner of 
Rockingham county shall be the full salary allowed such com- 
missioners for said two year periods. 

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

[Approved May 18, 1945.] 



1945] Chapter 210 379 

CHAPTER 210. 

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 eight hundred twenty-five 
thousand six hundred fifty-seven dollars ($825,657) is hereby 
appropriated for the purposes and in the amounts listed be- 
low, which purposes include such related improvements, 
facilities, equipment and furnishings as are necessary to com- 
plete the same. 

(a) For the adjutant general 
Improvements and repairs to state 

armories $31,567.00 

(b) For Plymouth Teachers College 
Remodel present heating system in- 
stalling new boilers and pipe lines, en- 
larging coal pocket and relocate boiler 

room $40,000.00 

(c) For Keene Teachers College 

Addition to Mason library . : $13,190.00 

(d) For forestry and recreation 
Remodel Hampton Beach bath house, 

construct game "areas and 
landscape grounds; $20,000.00 
Franconia Notch improve- 
ments 50,000.00 

$70,000.00 

(e) For state hospital 
Kitchen and dining room 

addition $35,000.00 

Generator 37,000.00 

Water tank 1,600.00 

Brown building addition . . 263,000.00 
Three elevators, one for 

Walker building, one for 

Kent building, one for 

Main building 30,000.00 

$366,600.00 



380 Chapter 210 [1945 

(f) For industrial school 

Security cottage $75,000.00 

Rebuilding heating plant . . . 40,000.00 
Cold storage plant 3,500.00 

$118,500.00 

(g) For Laconia state school 

Roof over coal pocket $3,500.00 

Completion of assembly hall 65,500.00 

Cottage house, garage and 

furnishings 10,000.00 

Spaulding building — fire- 
proofing stairwell 5,500.00 

$84,500.00 

(h) For state prison 

Bull pen '. $3,000.00 

Vegetable storage 8,000.00 

Grain storage 7,000.00 

$18,000.00 

(i) For state sanatorium 

Freezer plant $3,300.00 

Roof over coal pocket 1,200.00 

Incinerator 2,500.00 

$7,000.00 

(j) For state library 

Opening seventeen windows 

on second floor $850.00 

Soundproofing ceilings in 

public rooms 2,450.00 

$3,300.00 

(k) For liquor commission 

Completion of warehouse $73,000.00 

In addition to the above appropriation there is hereby 
appropriated from any balances available in the fish and game 
fund $50,000 for improvements and additions to hatcheries 
and rearing stations. This appropriation to be in addition to 
any other moneys appropriated for the fish and game depart- 
ment. 

The appropriations hereby made and the sums made avail- 
able for these projects shall be expended by the institutions 
and departments referred to herein under the direction of the 
governor and council and the work shall be done in accordance 



1945] Chapter 210 381 

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 
the sum of eight hundred, twenty-five thousand six hundred 
fifty-seven dollars, and for that purpose may issue bonds or 
notes in the name and on behalf of the state of New Hamp- 
shire. The governor and council shall determine the form of 
such bonds or notes, their rate of interest, the dates when in- 
terest 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 governor and council as they deem to be 
most advantageous to the state. 

3. Accounts. The secretary of state shall keep an account 
of all such bonds or notes countersigned by the governor, 
showing the number and amount of each bond or note, the 
time of countersigning, the date of delivery to the treasurer 
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 re- 
funded by the issuance of the bonds or notes hereunder, pro- 
vided however that at no one time shall the indebtedness of 
the state on such short-term loans exceed the sum of eight 
hundred twenty-five thousand six hundred fifty-seven dollars. 



382 Chapter 211 [1945 

5. Federal Assistance. The governor and council are here- 
by 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 pur- 
poses hereof. 

6. Transfer of Funds. In the event any one of the 
projects listed herein is completed at a cost less than the 
amount appropriated therefor, the surplus therefrom may be 
transferred to anj^ of the other projects under direction of the 
governor and council. 

7. Appropriation Extended. The unexpended balance of 
the amount appropriated by chapter 185 of the Laws of 1943 
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 18, 1945.] 



CHAPTER 211. 



AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE 

STATE OF NEW HAMPSHIRE FOR THE YEAR ENDING 

JUNE 30, 1946. 

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, 1946, 
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 . . $125,000.00 
Council of state governments 500.00 

For the executive department: 
Office of the governor: 

Salary of governor $5,000.00 

Salary of secretary 3,000.00 

Other salaries 5,770.00 



1945] Chapter 211 383 

Travel expenses $1,200.00 

Other current expenses 8,000.00 

Total $17,970.00 

Council : 

Per diem $2,500.00 

Travel expenses 2,000.00 

Other current expenses 70.00 

Total 4,570.00 

Contingent Fund 5,000.00 

Emergency Fund 50,000.00 

Total executive department $77,540.00 

For judicial branch: 
Supreme court: 

Salaries of judges $35,000.00 

Salary of clerk of court 2,600.00 

Salary of state reporter 1,800.00 

Other salaries 1,810.00 

Travel expenses 450.00 

Other current expenses 2,900.00 

Printing New Hampshire re- 
ports 3,000.00 

Total $47,560.00 

Less estimated revenue .... 100.00 

Net appropriation $47,460.00 

Superior court: 

Salaries of judges $42,000.00 

Other salaries 400.00 

Travel expenses 6,000.00 

Other current expenses 2,800.00 

Equipment 500.00 

Total 51,700.00 

Referees and masters: 

Salaries of referees and 
masters $8,400.00 



384 Chapter 211 [1945 

Current expenses $1,000.00 

Total $9,400.00 

Probate court: 

Salaries of judges $17,600.00 

Salaries of registers and 

deputies 22,600.00 

Total 40,200.00 

Judicial council 500.00 



Total judicial branch $149,260.00 

For adjutant general's department: 
Office of adjutant general: 

Salaries $3,600.00 

Current expenses 1,700.00 

Total $5,300.00 

Armories : 

Salaries $18,560.00 

Current expenses 20,000.00 

Total 38,560.00 

State Guard: 

Salaries $11,810.00 

Travel expenses 2,500.00 

Other current expenses 14,050.00 

Total 28,360.00 

Military discharge certificates 3,500.00 

Rifle ranges 2,000.00 

War service recognition 600.00 

Officers' uniforms 1,750.00 

Total adjutant general's department.. $80,070.00 

For department of agriculture: 
Office of commissioners: 

Salary of commissioner $4,000.00 

Other salaries 6,920.00 

Travel expenses 1,200.00 



1945] Chapter 211 385 

Other current expenses $12,260.00 

Equipment 100.00 



Total $24,480.00 

New Hampshire Horticultural Society 1,000.00 

Granite State Dairymen's Association 500.00 

New Hampshire Sheep Breeders' Association 250.00 
New Hampshire Maple Producers' Asso- 
ciation 250.00 

Bureau of markets : 

Salary of director $2,580.00 

Other salaries 9,153.00 

Travel expenses 2,000.00 

Other current expenses 11,264.00 

Equipment 100.00 

Rodent control 300.00 

Grants 1,000.00 



Total 26,397.00 

Insect and plant disease suppression: 

Salary of deputy $1,600.00 

Other salaries 9,400.00 

Travel expenses 1,750.00 

Other current expenses 1,325.00 

Equipment 100.00 



Total 14,175.00 

Division of animal industry: 

Salary of state veterinarian . . $3,500.00 

Other salaries 19,710.00 

Travel expenses 4,500.00 

Other current expenses 4,040.00 

Equipment 250.00 

Tubercular testing 45,000.00 

Epidemics 3,000.00 

Laboratory fees — pullorum . . 15,000.00 



Total 95,000.00 



Total department of agriculture $162,052.00 



386 Chapter 211 [1945 

For attorney general's department: 

Salary of attorney general $6,000.00 

Salary of assistant attorney 

general 4,000.00 

Other salaries 11,240.00 

Travel expenses 800.00 

Other current expenses 1,475.00 

Equipment 500.00 

Fees — registers of probate 4,250.00 

Legacy tax expenses 1,250.00 

Register of public trusts 3,000.00 



Total attorney general's department. . $32,515.00 

For comptroller's department: 

Salary of comptroller $5,000.00 

Other salaries 22,320.00 

Travel expenses 750.00 

Other current expenses 2,750.00 

Equipment 100.00 

Total 30,920.00 

Travel bureau: 

Salaries $5,220.00 

Travel expenses 100.00 

Other current expenses 400.00 

Total 5,720.00 

Grants : 

Mt. Washington Observatory $1,200.00 

Firemen's Relief Association 4,000.00 

Prisoners' Aid Association . . . 600.00 
League of New Hampshire 

Arts and Crafts 10,000.00 

New Hampshire Historical 

Society 500.00 

Old Home Week Association . . 300.00 

Military organizations 200.00 

Nev/ Hampshire Veterans' As- 
sociation 1,500.00 



1945] Chapter 211 387 

Atlantic States Marine Fish- 
eries $500.00 

$18,800.00 



Total comptroller's department $55,440.00 

For forestry and recreation: 
Administration : 

Salary of state forester $3,500.00 

Other salaries 12,480.00 

Travel expenses 600.00 

Other current expenses 3,210.00 

Equipment 100.00 

Total $19,890.00 

Nursery : 

Salaries $6,060.00 

Current expenses 2,500.00 

Equipment 600.00 

Total 9,160.00 

Recreation : 

Salary of director $4,000.00 

Other salaries 43,520.00 

Travel expenses 2,500.00 

Other current expenses 11,000.00 

Equipment 3,500.00 

Total $64,520.00 

*Less estimated revenue . . 25,000.00 

Net appropriation 39,520.00 

District fire supervision: 

Salaries . . .' $5,780.00 

Travel expenses 1,800.00 

Other current expenses 900.00 

Total 8,480.00 

Lookout stations 14,600.00 



* In the above appropriation any income in excess of the 
estimate shall be available for expenditure as provided by 
statute. 



388 Chapter 211 [1945 

Training conferences $1,000.00 

White pine blister rust: 

Salaries $5,880.00 

Travel expenses 500.00 

Other current expenses 500.00 

Total 6,880.00 

Reforestation : 

Salaries $1,810.00 

Travel expenses 900.00 

Total 2,710.00 

Prevention of fires : 

Salaries $1,320.00 

Current expenses 2,200.00 

* ' Equipment 1,000.00 

Total 4,520.00 

Forest fire bills to towns 7,500.00 

Federal emergency program: 

Salaries $1,967.00 

Travel expenses 3,600.00 

Other current expenses 1,133.00 

Total 6,700.00 

Total forestry and recreation department $120,960.00 

For insurance department: 

Salary of commissioner $5,000.00 

Salary of deputy 3,000.00 

Other salaries 13,200.00 

Travel expenses 750.00 

Other current expenses 4,400.00 

Equipment 100.00 

Total insurance department $26,450.00 

For bureau of labor: 

Office of commissioner: 

Salary of commissioner $4,000.00 

Other salaries 5,840.00 



1945] . Chapter 211 389 

Travel expenses $800.00 

Other current expenses 1,610.00 

Equipment 100.00 

Total $12,350.00 

Minimum wage division: 

Salaries $4,920.00 

Travel expenses 2,000.00 

Other current expenses 600.00 

Equipment 100.00 

Total 7,620.00 

Factory inspection: 

Salaries $7,740.00 

Travel expenses 3,000.00 

Other current expenses 500.00 

Equipment 100.00 

Total 11,340.00 

Total bureau of labor $31,310.00 

For motor vehicle department: 
Administration : 

Salary of commissioner $4,000.00 

Salary of deputy 3,500.00 

Salary of director of safety. . . 3,200.00 

Other salaries 69,269.00 

Travel expenses 1,750.00 

Other current expenses 84,900.00 

Equipment 8,000.00 

Total $174,619.00 

Motor vehicle patrol: 

Salaries $17,480.00 

Travel expenses 10,400.00 

Other current expenses 200.00 

Total 28,080.00 

Gasoline road toll: 
Salary of administrator $2,700.00 



390 Chapter 211 . [1945 

Other salaries $8,240.00 

Travel expenses 2,500.00 

Other current expenses 750.00 

Equipment 300.00 

Total $14,490.00 

Total motor vehicle department $217,189.00 

Less transfer from highway funds .... 217,189.00 

Net appropriation 00.00 

For purchasing agent: 

Salary of purchasing agent .... $4,000.00 

Other salaries 9,760.00 

Travel expenses 150.00 

Other current expenses 1,810.00 

Equipment 100.00 

Total purchasing agent $15,820.00 

For state department: 
Office of secretary: 

Salary of secretary $4,500.00 

Salary of deputy 2,700.00 

Other salaries 7,980.00 

Travel expenses 250.00 

Other current expenses 1,975.00 

Total $17,405.00 

Direct primary 2,450.00 

General election 3,500.00 

Photostat department: 

Salaries $2,000.00 

Current expenses 600.00 

Total 2,600.00 

Total state department $25,955.00 

For state library: 

Salary of librarian $2,750.00 

Salary of assistant librarian . . . 2,250.00 



1945] Chapter 211 391 

Other salaries $24,590.00 

Travel expenses 400.00 

Other current expenses 4,855.00 

Equipment 8,600.00 

Total $43,445.00 

Extension division: 

Travel expenses $1,250.00 

Other current expenses 2,675.00 

Equipment 5,000.00 

Total 8,925.00 

State aid 1,000.00 

Total state library $53,370.00 

For state police: 

Salary of superintendent $4,000.00 

Salary of deputy 3,500.00 

Other salaries 141,940.00 

Travel expenses 9,000.00 

Other current expenses 48,000.00 

Equipment 22,000.00 

Total $228,440.00 

* Less transfer from highway 

funds 190,000.00 

Net appropriation $38,440.00 

For department of buildings and grounds: 

Salary of superintendent $2,500.00 

Other salaries 62,313.00 

Current expenses 44,260.00 

Equipment 400.00 

Total $109,473.00 

Franklin Pierce homestead 660.00 

Daniel Webster birthplace 740.00 

Mailing division: 

Salaries $3,100.00 

Current expenses 425.00 

Total 3.525.00 



392 Chapter 211 ' [1945 

Total department of buildings and 
grounds $114,398.00 

For treasury department: 
Office of treasurer: 

Salary of treasurer $4,500.00 

Salary of deputy 2,700.00 

Other salaries 15,315.00 

Travel expenses 250.00 

Other current expenses 4,777.50 

Equipment 500.00 

Total 28,042.50 

Intangible tax division: 

Salaries $1,950.00 

Current expenses 290.00 

Total $2,240.00 

Less revenue 2,240.00 

Net appropriation 00.00 

Highway services: 

Salaries $3,700.00 

Current expenses 1,500.00 

Equipment 500.00 

Total $5,700.00 

Less transfer highway 
funds 5,700.00 

Net appropriation 00.00 

Trust fund obligations 40,787.27 

Bounties 8,500.00 

Total treasury department $77,329.77 

For weights and measures: 

Salary of commissioner $3,000.00 

Other salaries 10,660.00 

Travel expenses 4,500.00 

Other current expenses 1,665.00 

Equipment 200.00 

Total weights and measures $20,025.00 



1945] Chapter 211 393 

For industrial school: 
Administration : 

Salary of superintendent $4,000.00 

Other salaries 4,140.00 

Travel expenses 375.00 

Other current expenses 1,665.00 

Equipment 75.00 

Total $10,255.00 

Instruction : 

Salaries $7,530.00 

Current expenses 775.00 

Equipment 500.00 

Total 8,805.00 

Custodial care: 

Salaries $25,085.00 

Current expenses 18,000.00 

Equipment 1,500.00 

Total 44,585.00 

Auxiliary to custodial care 475.00 

Operation of plant: 

Salaries $1,920.00 

Current expenses 16,830.00 

Equipment 1,000.00 

Total 19,750.00 

Maintenance of plant: 

Salaries $3,300.00 

Current expenses 1,000.00 

Equipment 500.00 

Total 4,800.00 

Agriculture : 

Salaries $2,360.00 

Current expenses 16,100.00 

Equipment 500.00 

Total 18,960.00 



394 Chapter 211 [1945 

Parole department: 

Salaries $960.00 

Travel expenses 600.00 

Other current expenses 130.00 

Total $1,690.00 

Total industrial school $109,320.00 

Less estimated revenue 167.00 

Net appropriation $109,153.00 

For Laconia state school: 
Administration : 

Salary of superintendent .... $4,000.00 

Other salaries 7,080.00 

Travel expenses 1,500.00 

Other current expenses 1,243.00 

Equipment 175.00 

Total $13,998.00 

Professional care and treatment: 

Salaries $67,652.00 

Travel expenses 300.00 

Other current expenses 2,575.00 

Equipment 110.00 

Total 70,637.00 

Custodial care: 

Salaries $20,700.00 

Current expenses 64,800.00 

Equipment 6,585.00 

Total 92,085.00 

Operation of plant: 

Salaries $6,700.00 

Current expenses 39,925.00 

Equipment 650.00 

Total 47,275.00 



1945] Chapter 211 395 

Maintenance of plant: 

Salaries $7,825.00 

Current expenses 4,375.00 

Equipment 50.00 

Total $12,250.00 

Agriculture : 

' Salaries $22,560.00 

Current expenses 33,521.00 

Equipment 3,589.00 

Total 59,670.00 

Total Laconia state school $295,915.00 

Less estimated revenue 800.00 

Net appropriation $295,115.00 

For soldiers' home: 

Office of commandant: 

Salaries $2,000.00 

Travel expenses 150.00 

Other current expenses 350.00 

Total $2,500.00 

Custodial care: 

Salaries $6,420.00 

Current expenses 9,800.00 

Total 16,220.00 

Professional care and treatment : 

Salaries $3,980.00 

Current expenses 500.00 

Total 4,480.00 

Operation of plant: 

Salaries $3,960.00 

Current expenses 4,200.00 

Total 8,160.00 

Maintenance of plant . . • • 800.00 



396 Chapter 211 [1945 

Agriculture : 

Salaries $1,610.00 

Current expenses 1,200.00 

Total $2,810.00 

Total soldiers' home $34,970.00 

For state hospital: » 

Administration : 

Salary of superintendent .... $5,500.00 

Other salaries 45,000.00 

Travel expenses 400.00 

Other current expenses 8,500.00 

Equipment 100.00 

Total $59,500.00 

Professional care and treatment: 

Salaries $275,000.00 

Travel expenses 3,574.00 

Other current expenses 34,176.00 

Equipment 2,250.00 

Total 315,000.00 

Custodial care: 

Salaries $115,000.00 

Current expenses 321,200.00 

Equipment 8,800.00 

Total 445,000.00 

Operation of plant: 

Salaries $33,000.00 

Travel expenses 813.00 

Other current expenses 115,927.00 

Equipment 4,760.00 

Sewer tax 3,500.00 

Total 158,000.00 

Maintenance of plant: 

Salaries $59,000.00 

Current expenses 10,600.00 



1945] Chapter 211 397 

Equipment $400.00 

- Total $70,000.00 

Agriculture : 

Salaries $20,000.00 

Current expenses 41,525.00 

Equipment ' 3,475.00 

Total 65,000.00 

Out patient clinic: 

Salaries $4,080.00 

Travel expenses 1,950.00 

Total 6,030.00 

Total state hospital $1,118,530.00 

Less estimated revenue 5,500.00 

Net appropriation $1,113,030.00 

For state prison: 
Administration : 

Salary of warden $3,250.00 

Other salaries 5,180.00 

Travel expenses 500.00 

Other current expenses 800.00 

Equipment 150.00 

Total $9,880.00 

Instruction 2,000.00 

Custodial care: 

Salaries $56,979.00 

Current exenses 53,275.00 

Equipment 850.00 

Total 111,104.00 

Auxiliary care and custody: 

Wages $5,000.00 

Current expenses 3,000.00 

Awards 1,000.00 

Total 9,000.00 



398 Chapter 211 [1945 

Operation of plant: 

Salaries $3,510.00 

Current expenses 6,550.00 

Total $10,060.00 

Maintenance of plant: 

Current expenses $1,465.00 

Equipment 4,000.00 

Total 5,465.00 

Agriculture : 

Salaries $2,365.00 

Current expenses 17,045.00 

Equipment 1,425.00 

Total $20,835.00 

Less transfer credit 13,000.00 

Net 7,835.00 

Parole officer: 

Salary of parole officer $2,000.00 

Other salaries 3,880.00 

Travel expenses 2,300.00 

Other current expenses 995.00 

Total 9,175.00 

Total state prison $164,519.00 

Less estimated revenue 10,076.00 

Net appropriation $154,443.00 

For state sanatorium: 
Administration : 

Salary of superintendent .... $4,000.00 

Other salaries 1,970.00 

Travel expenses 900.00 

Other current expenses 965.00 

Equipment 100.00 

Total $7,935.00 



1945] Chapter 211 399 

Professional care and treatment: 

Salaries $24,900.00 

Current expenses 5,760.00 

Equipment 3,750.00 

Total ..-. $34,410.00 

Custodial care: 

Salaries $12,845.00 

Current expenses 24,825.00 

Equipment 500.00 

Total '. 38,170.00 

Operation of plant: 

Salaries $11,050.00 

Current expenses 12,231.00 

Total 23,281.00 

Maintenance of plant: 

Salaries $1,000.00 

Current expenses 2,100.00 

Equipment 100.00 

Total 3,200.00 

Agriculture : 

Salaries $3,460.00 

Current expenses 6,150.00 

Total 9,610.00 

Total state sanatorium $116,606.00 

Less estimated revenue 500.00 

Net appropriation $116,106.00 

For University of New Hampshire : 
Maintenance, Revised Laws, 

Chapter 222, section 18 $579,456.76 

Extension— Smith-Lever act ... 36,000.00 

Total University of New Hampshire . . $615,456.76 



400 Chapter 211 [1945 

For barbers' board:* 

Salaries and expenses $3,985.00 

Less estimated revenue 3,000.00 

Net appropriation $985.00 

For board of chiropractic examiners $850.00 

For board of education: 
Administration : 

Salaries $46,525.00 

Travel expenses 4,500.00 

Other current expenses 9,400.00 

Equipment 100.00 

Total $60,525.00 

Equahzation fund 400,000.00 

Superintendent salaries 100,000.00 

Conferences 1,500.00 

Smith-Hughes : 

Salaries $4,078.50 

Travel expenses 1,000.00 

Other current expenses 100.00 

Total 5,178.50 

Vocational rehabilitation : 

Current expenses $9,700.00 

Travel expenses 250.00 

Equipment 50.00 

Total 10,000.00 

George Deen: 

Salaries $4,273.50 

Travel expenses 1,200.00 

Total 5,473.50 

Keene teachers college: 

Salaries $134,543.00 



* In addition to the above appropriation said board shall 
receive for expenditure any revenue in excess of the above 
estimate. 



1945] Chapter 211 401 

Travel expenses $400.00 

Other current expenses 74,500.00 

Equipment 2,500.00 

Special activities 1,350.00 

Total $213,293.00 

Plymouth teachers college: 

Salaries $74,860.00 

Travel expenses 450.00 

Other current expenses 38,850.00 

Equipment 750.00 

Special activities 275.00 

Total 115,185.00 

Education of the deaf 17,000.00 

Total appropriation available for ex- 
penditure $928,155.00 

The revenues estimated as follows shall be 
applied to the above appropriations: 

Per capita tax $140,946.00 

Literary fund 21,600.00 

Unorganized places 6,000.00 

Rebate ($3.50 tax) 10,000.00 

Keene teachers (tuition and 

board) ' 84,640.00 

Plymouth teachers (tuition and 
• board) 43,025.00 

Total estimated revenue 306,211.00 

Net appropriation $621,944.00 



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 tlic Revised Laws. In this depart- 
ment any balance, cxccptinsr the equalization fund, which may 
be unexpended in anv fiscal year, shall be placed in a special 
fund available for use for maintenance purposes the follow- 
ing year by and with the consent of the governor and council. 



402 Chapter 211 [1945 

For state department of health: 
General administration : 

Salary of health officer $5,000.00 

Other salaries 7,160.00 

Travel expenses 750.00 

Other current expenses 7,950.00 

Equipment 100.00 

Total $20,960.00 

Finance : 

Salaries $8,100.00 

Travel expenses 100.00 

Other current expenses 3,330.00 

Total 11,530.00 

Vital statistics: 

Salaries $9,900.00 

Travel expenses 200.00 

Other current expenses 2,550.00 

Equipment 100.00 

Total 12,750.00 

Chemistry division: 

Salaries $15,920.00 

Travel expenses • 3,600.00 

Other current expenses 1,865.00 

Equipment 500.00 

Total 21,885.00 

Sanitary engineering: 

Salaries $7,280.00 

Travel expenses 2,600.00 

Other current expenses 1,497.00 

Equipment 500.00 

Total 11,877.00 

Maternal and child health and crippled 
children : 

Salaries $22,620.00 

Travel expenses 3,100.00 



1945] Chapter 211 403 

Other current expenses $5,600.00 

Equipment 100.00 

Other expenditures 11,000.00 

Total $42,420.00 

Epidemiology and venereal disease control: 

Salaries $17,950.00 

Travel expenses 1,000.00 

Other current expenses 4,600.00 

Equipment 300.00 

Hospitalization 1,500.00 

Total 25,350.00 

Aid to tuberculous persons 65,000.00 

Pubhc health nursing: 

Salaries $21,520.00 

Travel expenses 8,000.00 

Other current expenses 3,350.00 

Equipment 100.00 

Total 32,970.00 

Eastern health district: 

Salaries $11,520.00 

Travel expenses 3,500.00 

Other current expenses 1,700.00 

Total 16,720.00 

Diagnostic laboratories : 

Salaries $14,900.00 

Travel expenses 100.00 

Other current expenses 5,500.00 

Equipment 300.00 

Other expenditures 1,500.00 

Total 22,300.00 

Industrial hygiene: 

Salaries $10,500.00 

Travel expenses 2,000.00 

Other current expenses 1,800.00 

Equipment 300.00 

Total 14,600.00 



404 Chapter 211 [1945 

Dental services: 

Salaries $5,220.00 

Travel expenses 300.00 

Other current expenses 1,200.00 

Total $6,720.00 

Total state department of health $305,082.00 

Less estimated balance avail- 
able $25,000.00 

Less estimated federal 
grants 120,622.00 

Total income 145,622.00 

Net appropriation $159,460.00 

In the state department of health any grants received from 
federal government in addition to the above estimate may be 
expended, with the approval of the governor and council. 

For board of registration in medicine $1,000.00 

For board of optometry $700.00 

For milk control board: 

Salaries $7,570.00 

Travel expenses 2,250.00 

Other current expenses 1,300.00 

Total milk control board $11,120.00 

For probation board: 

Salaries $38,203,00 

Travel expenses 9,000.00 

Other current expenses 3,780.00 

Total probation board $50,983.00 

For public welfare: 
Administration : 

• Salaries $45,027.00 

Travel expenses 3,150.00 

Other current expenses 15,395.00 

Equipment 100.00 

Total $63,672.00 



1945] Chapter 211 405 

State services: 

Salaries $6,120.00 

Travel expenses 600.00 

Other current expenses 250.00 

Total $6,970.00 

Field services: 

Salaries $150,195.00 

Travel expenses 26,930.00 

Other current expenses 21,580.00 

Equipment 700.00 

Total 199,405.00 

Blind services: 

Salaries $12,080.00 

Travel expenses 3,880.00 

Other current expenses 13,031.00 

Grants, subsidies and V. R. 
services 12,550.00 

Total 41,541.00 

Nesmith fund 3,700.00 

Old age assistance 2,529,900.00 

Aid to dependent children 629,950.00 

Aid to needy blind 109,150.00 

E. A. and C. W. A. fund 1,000.00 

Total public welfare $3,585,288.00 

Less estimated revenue. . $2,103,850.00 

Less portion of balance 95,188.00 2,199,038.00 

Net appropriation $1,386,250.00 

For state veterans council: 

Salaries $7,800.00 

Travel expenses 3,000.00 

Other current expenses 1,500.00 

Equipment 300.00 

Burial of soldiers and sailors . . . 10,000.00 

Total state veterans council $22,600.00 

For veterinary surgeons $100.00 



406 Chapter 211 [1945 

For water resources board: 

Salaries $3,284.00 

Less estimated revenue 3,284.00 

Net appropriation 00.00 

For water control commission: 

Salaries $1,676.00 

Travel expenses 300.00 

Other current expenses 450.00 

Equipment 135.00 

Total $2,561.00 

For stream flow gauging 9,000.00 

Less transfer from highway 

funds $2,750.00 

Less estimated revenue 500.00 3,250.00 

Net appropriation $5,750.00 

For aeronautics commission: 

Salaries $4,960.00 

Travel expenses 1,000.00 

Other current expenses 2,700.00 

Equipment 100.00 

Aerial photography 200.00 

Total aeronautics commission $8,960.00 

For bank commission: 

Salary of commissioner $5,000.00 

Salaries of deputies 6,000.00 

Other salaries 19,280.00 

Travel expenses 6,800.00 

Other current expenses 4,900.00 

Equipment 100.00 

Total bank commission $42,080.00 

For cancer commission: 

Salaries $14,560.00 

Travel expenses 900.00 

Other current expenses 31,415.00 

Total cancer commission $46,875.00 



1945] Chapter 211 407 

For liquor commission: 
Liquor administration : 

Salaries $52,242.50 

Travel expenses 3,500.00 

Other current expenses 19,750.00 

Equipment 1,250.00 

Total $76,742.50 

Beer administration: 

Salaries $55,752.50 

Travel expenses 21,000.00 

Other current expenses 8,925.00 

Equipment 1,000.00 

Total 86,677.50 

Liquor enforcement: 

Salaries $11,820.00 

Travel expenses 6,000.00 

Other current expenses 175.00 

Equipment 100.00 

Total 18,095.00 

Stores operation: 

Salaries $260,820.00 

Travel expenses 6,000.00 

Other current expenses 135,050.00 

Equipment 7,500.00 

Total 409,370.00 

Warehouse : 

Salaries $29,160.00 

Travel expenses 100.00 

Other current expenses 23,600.00 

Equipment 600.00 

Total 53,460.00 

Total liquor commission $644,345.00 

Less revenue 644,345.00 

Net appropriation 00.00 



408 Chapter 211 [1945 

For pharmacy commission $2,450.00 

For planning and development commission: 

Salary of executive director .... $4,000.00 
Salary of assistant executive 

director . 3,600.00 

Salary of publicity director 4,000.00 

Other salaries 41,566.00 

Travel expenses 9,000.00 

Advertising-publicity 50,000.00 

Advertising-industrial 25,000.00 

Other current expenses 54,200.00 

Equipment 500.00 

Total $191,866.00 

Tourist service 1,000.00 

6 regional associations* 16,950.00 

Land use board 250.00 

Wood waste utilization 2,500.00 

Total planning and development com- 
mission $212,566.00 

Less estimated revenue 2,800.00 

Net appropriation $209,766.00 

For public service commission: 

Salaries of commissioners $15,000.00 

Other salaries 32,910.00 

Travel expenses 4,500.00 

Other current expenses 17,475.00 

Equipment 1,850.00 

Total public service commission $71,735.00 

Less estimated revenue 21,786.00 

Net appropriation $49,949.00 

*This appropriation shall be administered by the state 
planning and development commission for the aid of regional 
development associations. Not more than $2,825. 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. 



1945] Chapter 211 409 

Any income in excess of the above estimate shall be avail- 
able for further expenditure, for the purposes set up by the 
governing- statutes. 

For racing commission: 

Salaries $29,010.00 

Travel expenses 2,600.00 

Other current expenses 1,697.00 

Equipment 100.00 

Total racing commission $33,407.00 

Less revenue $33,407.00 

Net appropriation 00.00 

For tax commission: 

Office of commissioner: 

Salary of secretary $4,000.00 

Salaries of two commissioners 6,000.00 

Other salaries 12,320.00 

Travel expenses 3,000.00 

Other current expenses 5,975.00 

Equipment 100.00 

Total - $31,395.00 

Assessment of utilities tax: 

Salaries $2,120.00 

Travel expenses 250.00 

Other current expenses 100.00 

Total $2,470.00 

Less revenue 2,470.00 

Net appropriation 00.00 

Tobacco products tax : 

Salary of director $3,000.00 

Other salaries 13,080.00 

Travel expenses 8,000.00 

Other current expenses 12,825.00 

Equipment 100.00 

Total 37,005.00 



410 Chapter 211 [1945 

Municipal accounting division: 

Salary of director $3,420.00 

Other salaries 11,540.00 

Travel expenses 4,500.00 

Other current expenses 775.00 

Equipment 100.00 

Total $20,335.00 

Less estimated revenue . . . 5,000.00 

Net appropriation $15,335.00 

Intangible tax division: 

Salary of director $2,940.00 

Other salaries 5,840.00 

Travel expenses 750.00 

Other current expenses 2,175.00 

Equipment 100.00 

Total $11,805.00 

Less revenue 11,805.00 

Net appropriation 00.00 

Total tax commission^ $83,735.00' 

For firemen's retirement board $20,000.00 

For policemen's retirement board $30,000.00 

For teachers' retirement board $38,000.00 

For state house annex sinking fund $25,000.00 

For board of accountancy $601.00 

Less revenue 601.00 

Net appropriation '. . . 00.00 

For fish and game department: 

Commission travel and expenses $800.00 

Conservation officers: 

Salaries $46,308.00 

Travel expenses 30,732 00 

Other current expenses 7,509.00 

Equipment 3,600.00 

Total 88,149.00 

Bounties 3,000.00 



1945] Chapter 211 411 

Damage by wild game: 

Salaries $2,000.00 

Travel expenses 335.00 

Other current expenses 645.00 

Equipment 1,000.00 

Grants 5,000.00 

Total . $8,980.00 

Office of director: 

Salary of director $4,000.00 

Other salaries 9,760.00 

Travel expenses 1,972.00 

Other current expenses 10,891.00 

Equipment 400.00 

Total 27,023.00 

Education : 

Salaries $1,046.00 

Travel expenses 975.00 

Other current expenses 1,100.00 

Equipment 500.00 

Total 3,621.00 

Research : 

Salaries $5,720.00 

Travel expenses 750.00 

Other current expenses 615.00 

Equipment 1,200.00 

Total 8,285.00 

Propagation of game : 

Salaries $750.00 

Current expenses 20,360.00 

Equipment 1,100.00 

Total 22,210.00 

Pittman-Robertson : 

Salaries $1,375.00 

Travel expenses 150.00 

Other current expenses 565.00 

Equipment 250.00 

Total 2,340.00 



412 Chapter 211 [1945 

Propagation of fish : 

Salaries $42,365.00 

Travel expenses 2,285.00 

Other current expenses 47,040.00 

Equipment 4,250.00 

*Summer brook improvements 11,000.00 

Other construction 50,000.00 

Total $156,940.00 

Total fish and game department $321,348.00 

Less estimated revenue .... $250,000.00 

Less portion of balance . . . 71,348.00 321,348.00 



Net appropriation 00.00 

If the said estimated income of the fish and game fund is 
less than the above estimate of $250,000.00 a sum, sufficient 
to make the total equivalent to $250,000.00 is hereby appro- 
priated from the general funds. 

There is hereby appropriated from the fish and game fund 
$14,000.00 for the fiscal year ending June 30, 1945 for the use 
of the fish and game department. 

For hairdressers board : 

Salaries $2,905.00 

Travel expenses 1,200.00 

Other current expenses 830.00 

Total hairdressers board $4,935.00 

Less revenue 4,935.00 

Net appropriation 00.00 

For prison industries: 

Salaries $34,880.00 

Travel expenses 350.00 

Other current expenses 70,025.00 

Equipment 700.00 

Total prison industries $105,955.00 

Less estimated revenue 105,955.00 

Net appropriation 00.00 

* Any balance of the above appropriation for Summer 
Brook unexpended at the end of the fiscal year shall be avail- 
able in the following year for a similar purpose. 



1945] , Chapter 212 413 

For aerial tramway: 

Salaries $43,000.00 

Travel expenses 500.00 

Other current expenses 33,350.00 

Equipment 2,000.00 

Total aerial tramway $78,850.00 

Less revenue 78,850.00 

Net appropriation 00.00 

For the governor and council for distribution to the depart- 
ments 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 tempo- 
rary salary increases as provided by the act of the 1945 

legislature $494,000.00 

Less estimated revenue 

available for said purposes 129,000.00 

Net appropriation $365,000.00 

Total net appropriation $6,830,826.53 

2. Takes Effect. This act shall take effect as of July 1. 
1945. 

[Approved May 18, 1945.] 



CHAPTER 212. 



AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE 

STATE OF NEW HAMPSHIRE FOR THE YEAR ENDING 

JUNE 30, 1947. 

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, 1947, 
to wit: 



414 Chapter 212 [1945 

A continuing appropriation ' which shall not lapse, shall not 
be transferred to any other department, institution or account, 
and which shall be for the expenses of the legislature 

only $125,000.00 

Council of state governments 500.00 

For the executive department: 
Office of governor: 

Salary of governor $5,000.00 

Salary of governor's secretary 3,000.00 

Other salaries 6,050.00 

Travel expenses 1,200.00 

Other current expenses 3,000.00 

Total $18,250.00 

Council : 

Per diem $3,500.00 

Travel expenses 3,000.00 

Other current expenses 70.00 

Total 6,570.00 

Contingent fund 5,000.00 

Emergency fund 50,000.00 

Total executive department $79,820.00 

For judicial branch: 
Supreme court: 

Salaries of judges $35,000.00 

Salary of clerk of court 2,600.00 

Salary of state reporter 1,800.00 

Other salaries 1,870.00 

Travel expenses '. 600.00 

Other current expenses 3,150.00 

Printing New Hampshire re- 
ports 2,500.00 

Total $47,520.00 

Less estimated revenue . . . 100.00 

Net appropriation $47,420.00 



1945] Chapter 212 415 

Superior court: 

Salaries of judges $42,000.00 

Other salaries 400.00 

Travel expenses 6,000.00 

Other current expenses 2,800.00 

Equipment 500.00 

Total $51,700.00 

Referees and masters: 

Salaries of referees and 

masters $12,600.00 

Current expenses 1,000.00 

Total , 13,600.00 

Probate court: 

Salaries of judges $17,600.00 

Salaries of registers and 
deputies 22,600.00 

Total 40,200.00 

Judicial council 500.00 

Total judicial branch $153,420.00 

For adjutant general's department: 

Office of adjutant general: 

Salaries $3,660.00 

Current expenses 1,700.00 

Total $5,360.00 

Armories: 

Salaries $18,560.00 

Current expenses 20,000.00 

Total 38,560.00 

State guard : 

Salaries $11,810.00 

Travel expenses 2,500.00 

Other current expenses 10,850.00 

Total 25,160.00 



416 Chapter 212 [1945 

Military discharge certificates $4,000.00 

Rifle ranges 2,000.00 

War service recognition 600.00 

Officers' uniforms 1,750.00 



Total adjutant general's department . . $77,430.00 

For department of agriculture : 
Office of commissioner: 

Salary of commissioner $4,000.00 

Other salaries 7,100.00 

Travel expenses 1,500.00 

Other current expenses 12,785.00 

Equipment 100.00 



Total $25,485.00 

New Hampshire Horticultural Society . . . 1,000.00 

Granite State Dairymen's Association 500.00 

New Hampshire Sheep Breeders' Asso- 
ciation 250.00 

New Hampshire Maple Producers' Asso- 
ciation : 250.00 

Bureau of markets : 

Salary of director $2,640.00 

Other salaries 9,393.00 

Travel expenses 2,000.00 

Other current expenses 11,284.00 

Equipment 100.00 

Rodent control 300.00 

Grants 1,000.00 



Total 26,717.00 

Insect and plant disease suppression: 

Salary of deputy $1,600.00 

Other salaries 9,520.00 

Travel expenses 1,750.00 

Other current expenses 1,328.00 

Equipment 100.00 

Total 14,298.00 



1945] Chapter 212 417 

Division of animal industry: 

Salary of state veterinarian . . $3,500.00 

Other salaries '. 20,250.00 

Travel expenses 4,500.00 

Other current expenses 4,040.00 

Equipment 250.00 

Tubercular testing 45,000.00 

Epidemics 3,000.00 

Laboratory fees-Pullorum .... 15,000.00 

Total $95,540.00 

Total department of agriculture $164,040.00 

For attorney general's department: 

Salary of attorney general $6,000.00 

Salary of assistant attorney 

general 4,000.00 

Other salaries 11,600.00 

Travel expenses 800.00 

Other current expenses 2,025.00 

Equipment 500.00 

Fees registers of probate 4,250.00 

Legacy tax expenses 1,250.00 

Register of public trusts 3,000.00 



Total attorney general's department . . $33,425.00 

For comptroller's department: 

Salary of comptroller $5,000.00 

Other salaries 22,950.00 

Travel expenses 750.00 

Other current expenses 2,750.00 

Equipment 100.00 

Total $31,550.00 

Travel bureau: 

Salaries $5,280.00 

Travel expenses 100.00 

Other current expenses 400.00 

Total 5,780.00 



418 Chapter 212 [1945 

Grants : 

Mt. Washington Observatory $1,200.00 

Firemen's Relief Association 4,000.00 

Prisoners' Aid Association . . . 600,00 
League of New Hampshire 

Arts and Crafts 10,000.00 

New Hampshire Historical 

Society 500.00 

Old Home Week Association. . 300.00 

Military organizations 200.00 

New Hampshire Veterans' 

Association 1,500.00 

Atlantic States Marine Fish- 
eries 500.00 

eries 500.00 $18,800.00 



Total comptroller's department $56,130.00 

For forestry and recreation: 
Administration : 

Salary of state forester $3,500.00 

Other salaries 12,860.00 

Travel expenses 600.00 

Other current expenses 3,610.00 

Equipment 100.00 

Total $20,670.00 

Nursery : 

Salaries $6,090.00 

Current expenses 2,570.00 

Equipment 600.00 

Total 9,260.00 

Recreation : 

Salary of director $4,000.00 

Other salaries 46,820.00 

Travel expenses 2,500.00 

Other current expenses 13,000.00 

Equipment 3,000.00 

Total $69,320.00 



1945] Chapter 212 419 

*Less estimated revenue . . $30,000.00 



Net appropriation $39,320.00 

District fire supervision: 

Salaries $5,900.00 

Travel expenses 1,800.00 

Otlier current expenses 900.00 

Total 8,600.00 

Lookout stations 15,200.00 

Training conferences 1,000.00 

White pine blister rust: 

Salaries $5,880.00 

Travel expenses 500.00 

Other current expenses 500.00 

Total 6,880.00 

Reforestation : 

Salaries $1,840.00 

Travel expenses 900.00 

Total 2,740.00 

Prevention of fires : 

Salaries $1,385.00 

Current expenses 2,200.00 

Equipment 1,000.00 

Total 4,585.00 

Forest fire bills to towns 7,500.00 

Federal emergency program : 

Salaries $1,967.00 

Travel expenses 3,600.00 

Other current expenses 1,133.00 

Total 6,700.00 

Total forestry and recreation depart- 
ment $122,455.00 

* In the above appropriation any income in excess of the 
estimate shall be available for expenditure as provided by 
statute. 



420 Chapter 212 [1945 

For insurance department: 

Salary of commissioner $5,000.00 

Salary of deputy 3,000.00 

Other salaries 13,620.00 

Travel expenses 750.00 

Other current expenses 4,400.00 

Equipment 100.00 



Total insurance department $26,870.00 

For bureau of labor: 

Office of commissioner: 

Salary of commissioner $4,000.00 

Other salaries 6,020.00 

Travel expenses 800.00 

Other current expenses 2,610.00 

Equipment 100.00 

Total $13,530.00 

Minimum wage division: 

Salaries $5,160.00 

Travel expenses 3,000.00 

Other current expenses 600.00 

Equipment 100.00 

Total 8,860.00 

Factory inspection: 

Salaries $7,860.00 

Travel expenses 3,000.00 

Other current expenses 500.00 

Equipment 100.00 

Total 11,460.00 

Total bureau of labor $33,850.00 

For motor vehicle department: 
Administration : 

Salary of commissioner $4,000.00 

Salary of deputy 3,500.00 

Salary of director of safety . . 3,200.00 

• Other salaries 71,309.00 



1945] Chapter 212 421 

Travel expenses $1,750.00 

Other current expenses 93,900.00 

Equipment 8,000.00 

Total $185,659.00 

Motor vehicle patrol: 

Salaries $19,100.00 

Travel expenses 11,700.00 

Other current expenses 200.00 

Total 31,000.00 

Gasoline road toll: 

Salary of administrator $2,700.00 

Other salaries 8,480.00 

Travel expenses 2,500.00 

Other current expenses 750.00 

Equipment 300.00 

Total 14,730.00 

Total motor vehicle department $231,389.00 

Less transfer from highway funds .... 231,389.00 

Net appropriation 00.00 

For purchasing agent: 

Salary of purchasing agent .... $4,000.00 

Other salaries 9,940.00 

Travel expenses 150.00 

Other current expenses 1,810.00 

Equipment 100.00 

Total purchasing agent $16,000.00 

For state department: 
Office of secretary: 

Salary of secretary $4,500.00 

Salary of deputy 2,700.00 

Other salaries 7,980.00 

Travel expenses 400.00 

Other current expenses 2,070.00 

Total $17,650.00 



422 Chapter 212 [1945 

Direct primary $16,225.00 

General election 33,045.00 

Photostat department: 

Salaries $2,000.00 

Current expenses 600.00 

Total 2,600.00 

Total state department $69,520.00 

For state library: 

Salary of librarian $2,750.00 

Salary of assistant librarian . . . 2,250.00 

Other salaries 25,310.00 

Travel expenses 400.00 

Other current expenses 5,005.00 

Equipment 8,600.00 

Total $44,315.00 

Extension division : 

Travel expenses $1,250.00 

Other current expenses 2,675.00 

Equipment 5,000.00 

Total 8,925.00 

State aid 1,000.00 

Total state library $54,240.00 

For state police: 

Salary of superintendent $4,000.00 

Salary of deputy 3,500.00 

Other salaries 142,360.00 

Travel expenses 9,000.00 

Other current expenses 48,000.00 

Equipment 22,000.00 

Total ^ $228,860.00 

Less transfer from highway 

funds 190,000.00 

Net appropriation $38,860.00 



1945] Chapter 212 - 423 

For department of buildings and grounds: 

Salary of superintendent $2,500.00 

Other salaries 63,808.00 

Current expenses 44,260.00 

Equipment 400.00 

Total $110,968.00 

Franklin Pierce Homestead 460.00 

Daniel Webster Birthplace 740.00 

Mailing division: 

Salaries $3,220.00 

Current expenses 425.00 

Total 3,645.00 

Total department of buildings and 

grounds $115,813.00 

For treasury department: 
Office of treasurer: 

Salary of treasurer $4,500.00 

Salary of deputy 2,700.00 

Other salaries 15,765.00 

Travel expenses 250.00 

Other current expenses 5,177.50 

Equipment 100.00 

Total $28,492.50 

Intangible tax division: 

Salaries $1,950.00 

Current expenses 290.00 

Total $2,240.00 

Less revenue 2,240.00 

Net appropriation 00.00 

Highway services: 

Salaries $3,910.00 

Current expenses 1,525.00 

Equipment 100.00 

Total $5,535.00 

Less transfer highway funds 5,535.00 * 

Net appropriation 00.00 



424 ^ Chapter 212 [1945 

Trust fund obligations $40,787.27 

Bounties 8,500.00 

Total treasury department $77,779.77 

For weights and measiires: 

Salary of commissioner $3,000.00 

Other salaries 10,840.00 

Travel expenses 4,500.00 

Other current expenses 1,665.00 

Equipment 100.00 

Total weights and measures $20,105.00 

For industrial school: 
Administration : 

Salary of superintendent .... $4,000.00 

Other salaries 4,200.00 

Travel expenses 375.00 

Other current expenses 1,755.00 

Equipment 75.00 

Total $10,405.00 

Instruction : 

Salaries $7,530.00 

Current expenses 775.00 

Equipment 500.00 

Total 8,805.00 

Custodial care: 

Salaries $25,145.00 

Current expenses 17,900.00 

Equipment 1,500.00 

Total 44,545.00 

Auxiliary to custodial care 475.00 

Operation of plant : 

Salaries $1,920.00 



1945] Chapter 212 425 

Current expenses $16,830.00 

Equipment 50.00 

Total $18,800.00 

Maintenance of plant : 

Salaries $3,300.00 

Current expenses 1,000.00 

Equipment 500.00 

Total 4,800.00 

Agriculture : 

Salaries $2,360.00 

Current expenses 16,100.00 

Equipment 500.00 

Total 18,960.00 

Parole department: 

Salaries $960.00 

Travel expenses 600.00 

Other current expenses 130.00 

• Total 1,690.00 

Total industrial school $108,480.00 

Less estimated revenue 167.00 

Net appropriation $108,313.00 

For Laconia state school: 
Administration : 

Salary of superintendent .... $4,000.00 

Other salaries 7,320.00 

Travel expenses 1,500.00 

Other current expenses 1,243.00 

Equipment 175.00 

Total $14,238.00 

Professional care and treatment : 

Salaries $71,637.00 

Travel expenses 300.00 

Other current expenses 2,575.00 



426 Chapter 212 [1945 

Equipment $215.00 

Total ; $74,727.00 

Custodial care: 

Salaries $21,300.00 

Current expenses 64,800.00 

Equipment 850.00 

Total 86,950.00 

Operation of plant: 

Salaries $7,060.00 

Current expenses 39,925.00 

Equipment 50.00 

Total 47,035.00 

Maintenance of plant: 

Salaries $8,005.00 

Current expenses 4,875.00 

Equipment 50.00 

Total 12,930.00 

Agriculture: 

Salaries $23,595.00 

Current expenses 33,521.00 

Equipment 1,707.00 

Total 58,823.00 

Total Laconia state school ' $294,703.00 

Less estimated revenue 800.00 

Net appropriation $293,903.00 

For soldiers' home: 

Office of commandant: 

Salaries $2,000.00 

Travel expenses 150.00 

Other current expenses 350.00 

Total $2,500.00 



1945] Chapter 212 427 

Custodial care: 

Salaries . . / $6,900.00 

Current expenses 9,800.00 

Total $16,700.00 

Professional care and treatment: 

Salaries $4,220.00 

Current expenses 500.00 

Total 4,720.00 

Operation of plant : 

Salaries $4,320.00 

Current expenses 4,200.00 

Total 8,520.00 

Maintenance of plant 800.00 

Agriculture: 

Salaries $1,670.00 

Current expenses 1,200.00 

Total 2,870.00 

Total soldiers' home $36,110.00 

For state hospital: 
Administration : 

Salary of superintendent $5,500.00 

Other salaries 45,000.00 

Travel expenses 400.00 

Other current expenses 9,000.00 

Equipment 100.00 

Total $60,000.00 

Professional care and treatment: 

Salaries $300,000.00 

Travel expenses 3,574.00 

Other current expenses 34,176.00 

Equipment 2,250.00 

Total 340,000.00 



428 Chapter 212 [1945 

Custodial care: 

Salaries $115,000.00 

Current expenses 321,200.00 

Equipment 8,800.00 

Total $445,000.00 

Operation of plant : 

Salaries $33,000.00 

Travel expenses 813.00 

Other current expenses 118,237.00 

Equipment 3,450.00 

Sewer tax 3,500.00 

Total 159,000.00 

Maintenance of plant : 

Salaries $59,000.00 

Current expenses 10,600.00 

Equipment 400.00 

Total 70,000.00 

Agriculture : 

Salaries $20,000.00 

Current expenses 42,525.00 

Equipment 2,475.00 

Total 65,000.00 

Out patient clinic: 

Salaries $4,200.00 

Travel expenses 1,950.00 

Total 6,150.00 

Total state hospital $1,145,150.00 

Less estimated revenue 5,500.00 

Net appropriation $1,139,650.00 

For state prison: 
Administration : 

Salary of warden $3,250.00 

Other salaries 5,300.00 



1945] Chapter 212 429 

Travel expenses $500.00 

Other current expenses 805.00 

Equipment 150.00 

Total $10,005.00 

Instruction 2,000.00 

Custodial care: 

Salaries $57,099.00 

Current expenses 53,275.00 

Equipment 200.00 

Total 110,574.00 

Auxiliary care and custody: 

Wages $5,000.00 

Current expenses 3,000.00 

Awards 1,000.00 

Total 9,000.00 

Operation of plant: 

Salaries $3,570.00 

Current expenses 6,550.00 

Total 10,120.00 

Maintenance of plant : 

Current expenses • $2,165.00 

Equipment 500.00 

Total 2,665.00 

Agriculture : 

Salaries $2,425.00 

Current expenses 17,045.00 

Total $19,470.00 

Less transfer credit 13,000.00 

Net 6,470.00 

Parole officer: 

Salary of parole officer $2,000.00 

Other salaries 4,060.00 



430 Chapter 212 [1945 

Travel expenses $2,300.00 

Other current expenses 995.00 

Total $9,355.00 

Total state prison $160,189.00 

Less estimated revenue 10,076.00 

Net appropriation $150,113.00 

For state sanatorium: 
Administration : 

Salary of superintendent .... $4,000.00 

Other salaries 2,030.00 

Travel expenses 900.00 

Other current expenses 1,115.00 

Equipment 100.00 

Total $8,145.00 

Professional care and treatment: 

Salaries $25,920.00 

Current expenses 5,760.00 

Equipment 500.00 

Total 32,180.00 

Custodial care: 

Salaries $13,385.00 

Current expenses 24,825.00 

Equipment 500.00 

Total 38,710.00 

Operation of plant: 

Salaries $11,470.00 

Current expenses 12,231.00 

Equipment 250.00 

Total 23,951.00 

Maintenance of plant: 

Salaries $1,000.00 

Current expenses 2,100.00 



1945] Chapter 212 431 

Equipment $100.00 

Total $3,200.00 

Agriculture : 

Salaries $3,640.00 

Current expenses 6,150.00 

Equipment ..- 500.00 

Total 10,290.00 

Total state sanatorium $116,476.00 

Less estimated revenue 500.00 

Net appropriation $115,976.00 

For University of New Hampshire: 
Maintenance, Revised Laws, 

chapter 222, section 18 $579,456.76 

Extension Smith-Lever act .... 36,000.00 

Total University of New Hampshire . . $615,456.76 

For barbers' board:* 

Salaries and expenses $3,000.00 

Less estimated revenue 3,000.00 

Net appropriation 00.00 

For board of chiropractic examiners $850.00 

For board of education: 
Administration : 

Salaries $47,035.00 

Travel expenses 4,500.00 

Other current expenses 9,400.00 

Equipment 100.00 

Total $61,035.00 

Equalization fund 400,000.00' 

Superintendent salaries 100,000.00 

Conferences . . .- 1,500.00 

* In addition to the above appropriation said board sliall 
receive for expenditure any revenue in excess of the above 
estimate. 



432 Chapter 212 [1945 

Smith-Hughes : 

Salaries $4,163.50 

Travel expenses 1,000.00 

Other current expenses 100.00 

Total $5,263.50 

Vocational rehabilitation: 

Current expenses $9,700.00 

Travel expenses 250.00 

Equipment 50.00 

Total 10,000.00 

George Deen: 

Salaries $4,358.50 

Travel expenses 1,200.00 

Total 5,558.50 

Keene teachers college: 

Salaries $131,491.00 

Travel expenses 400.00 

Other current' expenses 68,300.00 

Equipment 2,500.00 

Special activities 1,200.00 

Total 203,891.00 

Plymouth teachers college: 

Salaries $79,130.00 

Travel expenses • 450.00 

Other current expenses 42,500.00 

Equipment 750.00 

Special activities 325.00 

Total 123,155.00 

Education of the deaf 17,000.00 

Total appropriation available for ex- 
penditure $927,403.00 

The revenues estimated as follows shall be 
applied to the above appropriation: 

Per capita tax $132,000.00 



1945] Chapter 212 433 

Literary fund $18,600.00 

Unorganized places 6,000.00 

Rebate ($3.50 tax) 10,000.00 

Keene teachers college (tuition 

and board) 74,770.00 

Plymouth teachers college 

(tuition and board) 51,025.00 

Total estimated revenue $292,395.00 



Net appropriation $635,008.00 

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: 
General administration : 

Salary of health officer $5,000.00 

Other salaries 7,340.00 

Travel expenses 750.00 

Other current expenses 8,700.00 

Equipment 100.00 

Total $21,890.00 

Finance : 

Salaries $8,280.00 

Travel expenses 100,00 

Other current expenses 3,330.00 

Total 11,710.00 

Vital statistics: 

Salaries $10,380.00 

Travel expenses 200.00 

Other current expenses 2,550.00 

Equipment 100.00 

Total 13,230.00 



434 Chapter 212 [1945 

Chemistry division: 

Salaries $16,160.00 

Travel expenses 3,600.00 

Other current expenses 1,865.00 

Equipment 500.00 

Total $22,125.00 

Sanitary engineering: 

Salaries $7,400.00 

Travel expenses 2,600.00 

Other current expenses 1,497.00 

Equipment 500.00 

Total 11,997.00 

Maternal and child health and crippled 
children : 

Salaries $23,100.00 

Travel expenses 3,100.00 

Other current expenses 5,600.00 

Equipment 100.00 

Other expenditures 11,000.00 

Total 42,900.00 

Epidemiology and venereal disease 
control : 

Salaries $18,190.00 

Travel expenses 1,000.00 

Other current expenses 4,600.00 

Equipment 300.00 

Hospitalization 1,500.00 

Total 25,590.00 

Aid to tuberculous persons 65,000.00 

Public health nursing: 

Salaries $21,700.00 

Travel expenses 8,000.00 

Other current expenses 3,350.00 

Equipment 100.00 

Total 33,150.00 



1945] Chapter 212 435 

Eastern health district: 

Salaries $11,640.00 

Travel expenses 3,500.00 

Other current expenses 1,700.00 



Total $16,840.00 

Diagnostic laboratories : 

Salaries $15,500.00 

Travel expenses 100.00 

Other current expenses 5,500.00 

Equipment 300.00 

Other expenditures 1,500.00 



Total 22,900.00 

Industrial hygiene : 

Salaries $10,740.00 

Travel expenses 2,000.00 

Other current expenses 1,800.00 

Equipment 300.00 



Total 14,840.00 

Dental services: 

Salaries $5,280.00 

Travel expenses 300.00 

Other current expenses 1,200.00 



Total 6,780.00 



Total state department of health $308,952.00 

Less estimated federal grants 122,992.00 



Net appropriation $185,960.00 

In the state department of health any grants received from 
the federal government in addition to the above estimate may 
be expended, with the approval of the governor and council. 

For board of registration in medicine $750.00 

For board of optometry $700.00 

For milk control board: 

Salaries $7,690.00 

Travel expenses 2,250.00 



436 Chapter 212 [1945 

Other current expenses $1,300.00 

Total milk control board $11,240.00 

For probation board: 

Salaries $39,523.00 

Travel expenses 9,000.00 

Other current expenses 4,530.00 

Total probation board $53,053.00 

For public welfare : 
Administration : 

Salaries $46,167.00 

Travel expenses 3,150.00 

Other current expenses 15,345.00 

Equipment 100.00 

Total $64,762.00 

State services: 

Salaries $6,360.00 

Travel expenses 600.00 

Other current expenses 250.00 

Total 7,210.00 

Field services: 

Salaries $156,015.00 

Travel expenses 26,930.00 

Other current expenses 21,900.00 

Equipment 700.00 

Total 205,545.00 

Blind services: 

Salaries $12,500.00 

Travel expenses 3,880.00 

Other current expenses 13,031.00 

Grants, subsidies and V. R. 

services 16,050.00 

Total 45,461.00 

Nesmith fund 3,700.00 

Old age assistance 2,529,900.00 



1945] Chapter 212 437 

Aid to dependent children $630,300.00 

Aid to needy blind 109,150.00 

Enemy aliens and civilian war aid fund 1,000.00 



Total public welfare $3,597,028.00 

Less estimated revenue . . $2,105,850.00 

Less portion of balance . . . 104,578.00 2,210,428.00 



Net appropriation $1,386,600.00 

For state veterans' council: 

Salaries $7,980.00 

Travel expenses 3,000.00 

Other current expenses 1,500.00 

Equipment 100.00 

Burial of soldiers and sailors . . . 10,000.00 



Total state veterans' council $22,580.00 

For veterinary surgeons $100.00 

For water resources board : 

Salaries $3,304.00 

Less estimated revenue 3,304.00 



Net appropriation 00.00 

For water control commission: 

Salaries $1,716.00 

Travel expenses 300.00 

Other current expenses 450.00 

Equipment 135.00 



Total $2,601.00 

For stream flow gauging 9,000.00 

Less transfer from highway 

funds $2,750.00 

Less estimated revenue 500.00 3,250.00 



Net appropriation $5,750.00 

For aeronautics commission: 

Salaries $5,020.00 

Travel expenses 1,000.00 



438 Chapter 212 [1945 

Other current expenses $2,700.00 

Equipment 100.00 

Aerial photography 200.00 



Total aeronautics commission $9,020.00 

For bank commission: 

Salary of commissioner $5,000.00 

Salaries of deputies 6,000.00 

Other salaries 19,460.00 

Travel expenses 6,800.00 

Other current expenses 4,700.00 

Equipment 100.00 

Total bank commission $42,060.00 

For cancer commission: 

Salaries $14,620.00 

Travel expenses 900.00 

Other current expenses 31,415.00 

Total cancer commission $46,935.00 

For liquor commission: 
Liquor administration: 

Salaries $53,112.50 

Travel expenses 3,500.00 

Other current expenses 19,750.00 

Equipment 1,250.00 

Total $77,612.50 

Beer administration : 

Salaries $56,862.50 

Travel expenses 21,000.00 

Other current expenses 8,925.00 

Equipment 1,000.00 

Total . . .-.,-. 87,787.50 

Liquor enforcement: 

Salaries $12,060.00 

Travel expenses 6,000.00 

Other current expenses 175.00 



1945] Chapter 212 439 

Equipment $100.00 

Total $18,335.00 

Stores operation: 

Salaries $262,000.00 

Travel expenses 6,000.00 

Other current expenses 137,050.00 

Equipment 7,500.00 

Total 412,550.00 

Warehouse : 

Salaries $29,400.00 

Travel expenses 100.00 

Other current expenses 23,600.00 

Equipment 600.00 

Total 53,700.00 

Total liquor commission $649,985.00 

Less revenue 649,985.00 

Net appropriation 00.00 

For pharmacy commission $2,450.00 

For planning and development commission: 

Salary of executive director .... $4,000.00 
Salary of assistant executive 

director 3,600.00 

Salary of publicity director .... 4,000.00 

Other salaries 42,626.00 

Travel expenses 9,000.00 

Advertising — publicity 50,000.00 

Advertising — industrial 25,000.00 

Other current expenses 54,200.00 

Equipment 500.00 

Total $192,926.00 

Tourist service 1,000.00 



440 Chapter 212 [1945 

Six regional associations* $16,950.00 

Land use board 250.00 

Wood waste utilization 2,500.00 

Total planning and development com- 
mission $213,626.00 

Less estimated revenue 2,800.00 

Net appropriation $210,826.00 

For public service commission: 

Salaries of commissioners $15,000.00 

Other salaries 33,710.00 

Travel expenses 4,500.00 

Other current expenses 17,475.00 

Equipment 1,850.00 

Total public service com- 
mission $72,535.00 

Less estimated revenue . . . 21,836,00 

Net appropriation $50,699.00 

Any income, in excess of the above estimate, shall be avail- 
able for further expenditure for the purposes set up by the 
governing statutes. 

For racing commission: 

Salaries $29,070.00 

Travel expenses 2,600.00 

Other current expenses 1,697.00 

Equipment 100.00 

Total racing commission .... $33,467.00 
Less revenue 33,467.00 

Net appropriation 00.00 



* This appropriation shall be administered by the state 
planning and development commission for the aid of regional 
development associations. Not more than $2,825 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 trans- 
ferred to any other state appropriation. 



1945] Chapter 212 441 

For tax commission: 

OfRce of commissioners: 

Salary of secretary $4,000.00 

Salaries of two commissioners 6,000.00 

Other salaries 12,320.00 

Travel expenses 3,000.00 

Other current expenses 4,625.00 

Equipment 100.00 

Total $30,045.00 

Assessment of utilities tax: 

Salaries $2,120.00 

Travel expenses 250.00 

Other current expenses 100.00 

Total $2,470.00 

Less revenue 2,470.00 

Net appropriation 00.00 

Tobacco products tax: 

Salary of director $3,000.00 

Other salaries 13,440.00 

Travel expenses 8,000.00 

Other current expenses 12,825.00 

Equipment 100.00 

Total 37,365.00 

Municipal accounting division : 

Salary of director $3,420.00 

Other salaries 11,780.00 

Travel expenses 4,500.00 

Other current expenses 775.00 

Equipment 100.00 

Total $20,575.00 

Less estimated revenue. . . . 5,000.00 

Net appropriation 15,575.00 

Intangible tax division: 

Salary of director $3,000.00 



442 Chapter 212 [1945 

Other salaries $5,840.00 

Travel expenses 750.00 

Other current expenses 2,175.00 

Equipment 100.00 

Total $11,865.00 

Less revenue 11,865.00 

Net appropriation 00.00 

Total tax commission $82,985.00 

For firemen's retirement board $20,000.00 

For policemen's retirement board $30,000.00 

For teachers' retirement board $38,000.00 

For state house annex sinking fund $25,000.00 

For board of accountancy $601.00 

Less revenue 601.00 

Net appropriation 00.00 

For fish and game department: 

Commission travel and expenses $800.00 

Conservation officers: 

Salaries $47,688.00 

Travel expenses 30,732.00 

Other current expenses 5,435.00 

Equipment 3,600.00 

Total 87,455.00 

Bounties 3,000.00 

Damage by wild game : 

Salaries $2,060.00 

Travel expenses 335.00 

Other current expenses 645.00 

Equipment 1,000.00 

Grants 5,000.00 

Total 9,040.00 

Office of director: 

Salary of director $4,000.00 

Other salaries 10,060.00 

Travel expenses 1,972.00 



1945] Chapter 212 443 

Other current expenses $10,891.00 

Equipment 200.00 

Total $27,123.00 

Education : 

Salaries $1,046.00 

Travel expenses 975.00 

Other current expenses 1,100.00 

Equipment 100.00 

Total 3,221.00 

Research : 

Salaries $5,840.00 

Travel expenses 750.00 

Other current expenses 635.00 

Total 7,225.00 

Propagation of game : 

Salaries $750.00 

Current expenses 20,360.00 

Equipment 100.00 

Total 21,210.00 

Pittman-Robertson : 

Salaries $1,375.00 - 

Travel expenses 150.00 

Other current expenses 592.00 

Total 2,117.00 

Propagation of fish : 

Salaries $44,342.00 

Travel expenses 2,285.00 

Other current expenses 50,040.00 

Equipment 4,250.00 

Other construction 50,000.00 

Total 150,917.00 

Total fish and game department $312,108.00 



444 Chapter 212 [1945 

Less estimated revenue . . . $250,000.00 

Less portion of balance . . . 62,108.00 $312,108.00 



Net appropriation 00.00 

If the said estimated income of the fish and game fund is 
less than the above estimate of $250,000.00, a sum sufficient 
to make the total equivalent to $250,000.00 is hereby appro- 
priated from the general funds. 

For hairdressers board: 

Salaries $2,965.00 

Travel expenses 1,200.00 

Other current expenses 830.00 

Total hairdressers board . . . $4,995.00 
Less revenue 4,995.00 

Net appropriation 00.00 

For prison industries : 

Salaries $35,120.00 

Travel expenses 350.00 

Other current expenses 70,025.00 



Total prison industries $105,495.00 

Less estimated revenue .... 105,495.00 



Net appropriation 00.00 

For aerial tramway: 

Salaries $59,250.00 

Travel expenses 500.00 

Other current expenses 36,150.00 

Equipment 2,000.00 

Total aerial tramway $97,900.00 

Less revenue 97,900.00 

Net appropriation 00.00 

For the governor and council for distribution to the depart- 
ments 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 tempo- 



1945] Chapter 213 445 

rary salary increases as provided by the act of the 1945 

legislature $494,000.00 

Less estimated revenue available 

for said purposes 129,000.00 

Net appropriation $365,000.00 

Total net appropriation $6,952,946.53 

2. Takes Effect. This act shall take effect as of July 1, 
1946. 

[Approved May 18, 1945.] 



CHAPTER 213. 



JOINT RESOLUTION PROVIDING FOR TAKING THE SENSE OF 

THE LEGAL VOTERS OF THE STATE ON THE QUESTION OF 

CALLING A CONSTITUTIONAL CONVENTION. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the secretary of state is hereby directed to insert on 
the official ballots for the biennial election to be held in 
November, 1946, the following question: "Is it expedient to 
call a convention to revise the constitution of this state?" The 
clerks of the several cities and towns of the state are directed 
to make due return of the votes taken in their respective 
cities and towns on the before mentioned question to the sec- 
retary of state. The secretary of state is hereby directed to 
make a complete return to the 1947 legislature of the number 
of ballots for and against the necessity of calling a consti- 
tutional convention. 

[Approved February 13, 1945.] 



446 Chapters 214, 215 [1945 

CHAPTER 214. 

JOINT RESOLUTION RELATIVE TO ASCERTAINING THE SENSE OF 

THE PEOPLE OF THE STATE ON UNITED STATES MEMBERSHIP 

IN A GENERAL SYSTEM OF INTERNATIONAL COOPERATION 

HAVING POLICE POWER TO MAINTAIN THE PEACE 

OF THE WORLD. 

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 request select- 
men of towns to insert an article in the warrant of the town 
meetings holden under date of March 13, 1945 to read as 
follows: To see if the town will vote to support United 
States membership in a general system of international co- 
operation, such as that proposed at the Dumbarton Oaks Con- 
ference, having police power to maintain the peace of the 
world. Each town clerk is directed to forward to the secre- 
tary of the state the result of the vote, in his town, if any, on 
this question. The secretary of state is hereby authorized 
and directed to canvass the vote on this article as returned to 
him and transmit his findings to the clerk of the United States 
Senate. 

[Approved February 14, 1945.] 



CHAPTER 215. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF EXETER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirteen thousand, two hundred seventy- 
eight dollars and fifty-eight cents ($13,278.58) be and hereby 
is appropriated to reimburse the town of Exeter for payments 
on account of collection of state tax on Exeter Academy prop- 
erty, for the years 1935 to 1938, inclusive, which said tax was 
determined to have been erroneously collected by decision of 
the supreme court of the state. The governor is hereby 
authorized to draw his warrant for said sum out of any 
money in the treasury not otherwise appropriated. 

[Approved March 6, 1945.] 



1945] Chapters 216, 217 447 

CHAPTER 216. 

JOINT RESOLUTION EXTENDING A CERTAIN APPROPRIATION FOR 
CERTAIN GRADE CROSSINGS IN DALTON AND WHITEFIELD. 

Resolved by the Senate and House of Representatives in 
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, and extended by chapter 219 
of the Laws of 1943, shall not lapse but shall be available for 
the purposes of said chapter until July 1, 1947. 

[Approved March 6, 1945.] 



CHAPTER 217. 

JOINT RESOLUTION PROVIDING FOR A DECLARATION OF THE 
FEDERATION OF THE WORLD. 

Whereas, it is necessary at the present juncture of human 
affairs to enlarge the bases of organized society by establish- 
ing a government for the community of nations, in order to 
preserve civilization and enable mankind to live in peace and 
be free, the following principles and objectives are hereby 
enunciated in 

The Declaration of the Federation of the World 

Man, the source of all political authority, is a manifold 
political being. He is a citizen of several communities; the 
city, the state, the nation and the world. To each of these 
communities he owes inalienable obligations and from each 
he receives enduring benefits. 

Communities may exist for a time without being incorpo- 
rated but, under the stress of adversity, they disintegrate un- 
less legally organized. Slowly but purposefully through the 
centuries, civilization has united the world, integrating its 
diverse local interests and creating an international com- 
munity that now embraces every region and every person on 
the globe. This community has no government, and com- 
munities without governments perish. Either this community 
must succumb to anarchy or submit to the restraints of law 
and order. 



448 Chapter 217 [1945 

Governments can be established only through the deliberate 
efforts of men. At this hour two elemental forces are strug- 
gling to organize the international community; totalitarian- 
ism and democracy. The former, a recent version of repudi- 
ated militarism and tyranny, is predicated upon principle of 
compulsion, rules through dictatorship and enslaves men ; the 
latter, a proved bulwark of the rights of man as a human be- 
ing and as a citizen, derives its authority from the consent of 
the governed, embodies the will of free men and renders their 
collective judgments supreme in human affairs. The corner 
stone of totalitarianism is the ethnographic state, whose re- 
stricted interests define the scope of its favors; the founda- 
tion of democracy is man whose integrity is inviolable and 
whose welfare is its primary concern. The motivating power 
of the former is violence; of the latter, freedom. One feeds 
upon unscrupulous ambition; the other upon an enlightened 
sense of obligation. 

One or the other of these forces will now triumph and gov- 
ern mankind. The present conflict is irrepressible and de- 
cisive. It is the challenge of the ages to the generation of 
today, and represents those spiritually cosmic forces which 
visit the world at critical periods in human history to shape 
the destinies of men. This world cannot remain half slave, 
half free; half totalitarian, half democratic. The laws of 
civilized society prevent intercourse between slaves and free 
men from being either congenial or profitable. If totalitari- 
anism wins this conflict, the world will be ruled by tyrants, 
and individuals will be slaves. If democracy wins, the nations 
of the earth will be united in a commonwealth of free peoples ; 
and individuals, wherever found, will be the sovereign units 
of the new world order. 

Man has struggled from time immemorial to endow the in- 
dividual with certain fundamental rights whose very exist- 
ence is now imperiled. Among those rights is man's freedom 
to worship, speak, write, assemble and vote without arbitrary 
interference. To safeguard these liberties as a heritage for the 
human race, governments were instituted among men, with 
constitutional guarantees against the despotic exercise of 
political authority, such as are provided by elected parli- 
aments, trial by jury, habeas corpus and due process of law. 
Man must now either consolidate his historic rights or lose 
them for generations to come. 



1945] Chapter 217 449 

The ceaseless changes wrought in human society by science, 
industry and economics, as well as by the spiritual, social and 
intellectual forces which impregnate all cultures, make politi- 
cal and geographical isolation of nations hereafter impossible. 
The organic life of the human race is at last indissolubly uni- 
fied and can never be severed, but it must be politically 
ordained and made subject to law. Only a government capable 
of discharging all the functions of sovereignty in the execu- 
tive, legislative and judicial spheres can accomplish such a 
task. Civilization now requires laws, in the place of treaties, 
as instruments to regulate commerce between peoples. The 
intricate conditions of modern life have rendered treaties in- 
effectual and obsolete, and made laws essential and inevitable. 
The age of treaties is dead ; the age of laws is here. 

Governments, limited in their jurisdiction to local geo- 
graphical areas, can no longer satisfy the needs or fulfill the 
obligations of the human race. Just as feudalism served its 
purpose in human history and was superseded by nationalism, 
so has nationalism reached its apogee in this generation and 
yielded its hegemony in the body politic to internationalism. 
The first duty of government is to protect life and property, 
and when governments cease to perform this function, they 
capitulate on the fundamental principle of the reason for their 
existence. Nationalism, moreover, is no longer able to pre- 
serve the political independence or the territorial integrity of 
nations, as recent history so tragically confirms. Sovereignty 
is an ideological concept without geographical barriers. It is 
better for the world to be ruled by an international sover- 
eignty of reason, social justice and peace than by diverse 
national sovereignties organically incapable of preventing 
their own dissolution by conquest. Mankind must pool its re- 
sources of defense if civilization is to endure. 

History has revealed but one principle by which free 
peoples, inhabiting extensive territories, can unite under one 
government without impairing their local autonomy. That 
principle is federation, whose virtue preserves the whole with- 
out destroying its parts and strengthens its parts without 
jeopardizing the whole. Federation vitalizes all nations by 
endowing them with security and freedom to develop their 
respective cultures without menace of foreign domination. It 
regards as sacrosanct man's personality, his rights as an in- 
dividual and as a citizen and his role as a partner with all 



450 Chapter 217 [1945 

other men in the common enterprise of building civilization 
for the benefit of mankind. It suppresses the crime of war 
by reducing to the ultimate minimum the possibility of its 
occurrence. It renders unnecessary the further paralyzing 
expenditure of wealth for belligerent activity, and cancels 
through the ages the mortgages of war against the fortunes 
and services of men. It releases the full energies, intelligence 
and assets of society for creative, ameliorative and redemptive 
work on behalf of humanity. It recognizes man's morning 
vision of his destiny as an authentic potentiality. It appre- 
hends the entire human race as one family, human beings 
everywhere as brothers, and all nations as component parts 
of an indivisible community. 

There is no alternative to the federation of all natrons ex- 
cept endless war. No substitute for the federation of the 
world can organize the international community on the basis 
of freedom and permanent peace. Even if continental, 
regional or ideological federations were attempted, the gov- 
ernments of these federations, in an effort to make impreg- 
nable their separate defenses, would be obliged to maintain 
stupendously competitive armies and navies, thereby con- 
demning humanity indefinitely to exhaustive taxation, com- 
pulsory military service and ultimate carnage, which history 
reveals to be not only criminally futile but positively avoid- 
able through judicious foresight in federating all nations. 

It Being Our Profound and Irrevocable Conviction: 

That man should be forever free, and that his historic rights 
as an individual and as a citizen should be protected by all 
the safeguards sanctioned by political wisdom and experience ; 

That governments are essential to the existence of com- 
munities and that the absence of government is anarchy ; 

That there exists an international community, encompass- 
ing the entire world, which has no government and which is 
destined, as a consequence of the present war, either to be 
ruthlessly dominated and exploited by totalitarianism or to be 
federated by democracy upon the principle of freedom for all 
nations and individuals ; 

That all human beings are citizens of this world community, 
which requires law^s and not treaties for its government ; 

That the present conflict will determine the survival of free 
institutions throughout the world and that it is morally in- 
cumbent upon this generation, as one of the declared 



1945] Chapter 217 451 

objectives of the current war, to federate the nations, in order 
to make secure, and hereafter unchallenged, freedom for all 
peoples everywhere, and in order to impart to those who are 
called to give their lives and fortunes for the triumph of 
democracy the positive assurance of the incorruptible utility 
of their sacrifice; 

That world federation is the keystone in the arch of civili- 
zation, humanity's charter of liberty for all peoples and the 
signet authenticating at last the union of the nations in free- 
dom and peace; 

That the universal ordeal, through which mankind is now 
passing, marks the birth of a new epoch that will affirm for 
all time the indestructible solidarity of civilization and the 
abiding unity of the human race ; 

That there are supreme moments in history when nations 
are summoned, as trustees of civilization, to defend the heri- 
tage of the ages and to create institutions essential for human 
progress. In the Providence of God, such a crisis is this hour, 
compelling in duty and unprecedented in responsibility — a 
fateful moment when men meet destiny for the fulfillment of 
historic tasks : 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the general court of New Hampshire does hereby 
solemnly declare that all peoples of the earth should now be 
united in a commonwealth of nations to be known as The 
Federation of the World ; and to that end it hereby endorses 
The Declaration of the Federation of the World as is specific- 
ally set forth in the preamble hereof, and makes said declara- 
tion a part of this resolution in the same manner as if same 
were recited herein; and requests the senators and members 
of the house of representatives in Congress from the state of 
New Hampshire to support and vote for a resolution in the 
Congress of the United States, approving the principle of 
world federation, and requesting the President of the United 
States to initiate the procedure necessary to formulate a Con- 
stitution for The Federation of the World, which shall be sub- 
mitted to each nation for its ratification ; 

That a copy of this resolution be sent to each of the sena- 
tors and members of the house of representatives in Congress 
from the state of 'New Hampshire. 

[Approved March 20, 1945.] 



452 Chapters 218, 219 [1945 

V 

CHAPTER 218. 

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 Senate and House of Representatives iii 
General Court convened: 

That the sum of twelve thousand dollars ($12,000) be and 
the same is hereby appropriated for the year 1946 and a like 
sum for the year 1947 for the purpose of publishing and mail- 
ing 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 com- 
mission 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 appro- 
priation. 

[Approved March 20, 1945.] 



CHAPTER 219. 



JOINT RESOLUTION TO PROVIDE FOR AN INTERIM COMMITTEE TO 

STUDY THE ADVISABILITY OF CLASSIFYING LICENSES ISSUED 

TO OPERATORS OF MOTOR VEHICLES. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor, with the advice and consent of the coun- 
cil, is hereby authorized to appoint a committee of five mem- 
bers to study the advisability of amending the laws so that 
licenses issued to operators of motor vehicles be classified in- 
stead of being issued as they are now. The members of said 
committee shall serve without compensation and shall make 
a report to the next session of the legislature. 

[Approved March 20, 1945.] 



1945] Chapters 220, 221 453 

CHAPTER 220. 

JOINT RESOLUTION IN FAVOR OF EUZEBE E. COURTEMANCHE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand sixteen dollars and sixty-four 
cents ($1,016.64) be and hereby is appropriated to compen- 
sate Euzebe E. Courtemanche of Lebanon for medical and 
hospital expense incurred through an accident during a state- 
wide blackout September 27, 1943, when he responded as a 
fireward of said Lebanon. The sum hereby appropriated shall 
be a charge upon the emergency defense fund of the executive 
department and said sum shall be in full settlement of said 
claim. 

[Approved April 10, 1945.] 



CHAPTER 221. 



JOINT RESOLUTION RELATIVE TO THE ESTATE OF J. HENRY 

CHASE. 

Whereas, it appears that upon settlement of the estate of 
J. Henry Chase, late of Derry in the county of Rockingham 
and state of New Hampshire, deceased, a balance of $2,385.64 
remained undistributed in the hands of the administrator of 
said estate and upon a petition alleging that there were no 
known heirs of the said J. Henry Chase the judge of probate 
for said county of Rockingham on January 13, 1942, ordered 
the administrator to pay over said funds to the state treas- 
urer, which was done accordingly or by forfeiture of section 9 
of chapter 360 of the Revised Laws ; and 

Whereas, it now appears that there may be heirs-at-law of 
the said J. Henry Chase; now therefore 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the judge of probate for the county of Rockingham 
and state of New Hampshire is hereby authorized to conduct 
a hearing or hearings, at which any person interested may 
appear and present proof that he is an heir-at-law of said J. 
Henry Chase; and if such claims, or any thereof, shall be 



454 Chapters 222, 223 [1945 

established, the treasurer of the state shall be ordered by said 
judge of probate aforesaid to pay the sum of $2,385.64 to such 
heirs in the several amounts to which the said judge shall find 
them entitled. The secretary of state is hereby authorized to 
send a copy of this resolution to the judge of probate for the 
county of Rockingham aforesaid, who, upon receipt thereof 
shall act upon the same forthwith. 
[Approved April 12, 1945.] 



CHAPTER 222. 



JOINT RESOLUTION RELATING TO VETERANS OF FOREIGN WARS 
OF THE UNITED STATES. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor with the advice and consent of the coun- 
cil is hereby authorized to assign to the New Hampshire de- 
partment. Veterans of Foreign Wars of the United States, 
suitable and permanent rooms in the state house or state house 
annex when available. 

[Approved April 19, 1945.] 



CHAPTER 223. 



JOINT RESOLUTION PROVIDING FOR MAINTENANCE AND REPAIR 
OF THE HAMPTON BEACH BATH HOUSE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of six thousand dollars ($6,000) be and the 
same is hereby appropriated for the purpose of maintenance 
and repair of the Hampton Beach bath house. Said sum shall 
be expended under the direction of the forestry and recreation 
commission, with the approval of the governor and council, 
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 19, 1945.] 



1945] Chapters 224, 225, 226 .455 

CHAPTER 224. 

JOINT RESOLUTION IN FAVOR OF HONORE M. BOISVERT. 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000) is hereby- 
appropriated to reimburse Honore M. Boisvert for injuries re- 
ceived by him while- in the military service of the state on 
August 15, 1940, at Potsdam, New York. The governor is 
authorized to draw his warrant for such sum out of any 
money in the treasury not otherwise appropriated and said 
sum shall be in full settlement of said claim. 

[Approved April 24, 1945.] 



CHAPTER 225. 



JOINT RESOLUTION PROVIDING FOR DREDGING THE CHANNEL 
OF BABOOSIC LAKE. 

Resolved hy the Senate and House of Representatives m 
General Court convened: 

That a sum not to exceed one thousand dollars be and here- 
by is appropriated for dredging the channel of Baboosic Lake 
in the town of Amherst. The sum hereby appropriated shall 
be expended under the direction of the public service commis- 
sion, and shall be a charge on the navigation funds of the com- 
mission. 

[Approved May 1, 1945.] 



CHAPTER 226. 



JOINT RESOLUTION PROVIDING FUNDS FOR REPAIR OF CERTAIN 
HIGHWAYS IN THE TOWN OF ELLSWORTH. 

Resolved hy the Senate and House of Representatives in 
General Court corivened: 

The sum of six hundred dollars is hereby appropriated to 
be paid to the town of Ellsworth to reimburse it for a portion 
of the expense incurred for repairing certain highways and 
bridges destroyed by the cloudburst on June 14, 1942. The 



456 Chapters 227, 228 [1945 

amount so appropriated shall be paid upon presentation of 
proper vouchers and shall be a charge upon the highway 
funds ; and said sum hereby appropriated shall be used by said 
town to apply on indebtedness of said town under the super- 
vision of the tax commission. 
[Approved May 1, 1945.] 



CHAPTER 227. 

JOINT RESOLUTION IN FAVOR OF THE ESTATE OF CLIFTON E. . 

DENSMORE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to the estate of 
Clifton E. Densmore the balance of salary due said decedent 
as a member of the house of representatives. 

[Approved May 1, 1945.] 



CHAPTER 228. 

JOINT RESOLUTION PROVIDING FUNDS FOR RECONSTRUCTION 

AND REPAIR OF CERTAIN HIGHWAYS, BRIDGES AND 

CULVERTS IN THE TOWN OF STEWARTSTOWN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirty-three hundred dollars ($3300) is 
hereby appropriated to be paid to the town of Stewartstown 
to reimburse said town for not exceeding one-half the amount 
expended by it for repairing certain highways, bridges and 
culverts destroyed by a cloudburst in June, 1943. The sum so 
appropriated hereunder shall be paid upon presentation of 
proper vouchers and shall be a charge upon the highway 
funds. 

[Approved May 1, 1945.] 



1945] Chapters 229, 230 457 

I CHAPTER 229. 

JOINT RESOLUTION IN FAVOR OF THE ESTATE OF AURELLE 
BEAUDOIN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to the estate of 
the late Aurelle Beaudoin the balance of salary due said de- 
cedent as a member of the house of representatives. 

[Approved May 1, 1945.] 



CHAPTER 230. 



JOINT RESOLUTION PROVIDING FOR AN INTERIM COMMITTEE TO 

STUDY WAYS AND MEANS OF IMPROVING THE WORKMEN'S 

COMPENSATION LAW. 

Resolved by the Senate and House of Representatives m 
General Court convened: 

That a committee of five members be appointed as herein- 
after provided, to study vv^ays and means of improving the 
workmen's compensation law. Said committee to consist of 
the commissioner of labor, who shall serve as chairman, and 
four persons to be appointed by the governor, with the advice 
and consent of the council ; of said four persons, two shall rep- 
resent management, and two shall represent labor. Said com- 
mittee shall endeavor to develop improvements which are 
agreeable to both labor and employers of the state and shall 
hold at least two public hearings for this purpose. The mem- 
bers of said committee shall serve without compensation, but 
shall be reimbursed for their necessary expenses when en- 
gaged in business of said committee. Said committee shall 
report its findings and recommendations to the next session 
of the legislature. The sum of one thousand dollars ($1,C00) 
or so much thereof as may be necessary, is hereby appropri- 
ated to carry out the purposes of this resolution and the gov- 
ernor is authorized to draw his warrant for said sum out of 
any money in the treasury not otherwise appropriated. 

[Approved May 11, 1945.] 



458 Chapter 231 [1945 

CHAPTER 231. 

JOINT RESOLUTION PROVIDING FOR AN INTERIM COMMITTEE TO 
STUDY EXISTING SYSTEM OF COUNTY GOVERNMENT. 

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 seven 
competent persons to constitute an interim committee for 
study and analysis of existing laws and methods relating to 
the general subject of county government, and its relationship 
with state and local government. A part of this study shall 
be a survey of the entire matter of the settlement laws of this 
state, and their relationship to the laws of other states. The 
interim committee shall be authorized to establish sub-com- 
mittees either from within or without its membership, in 
furtherance of its studies. 

The interim committee shall report its findings and recom- 
mendations in writing to the next legislature, together with 
draft of any bills whose enactment it may recommend. 

The members of the interim committee shall serve without 
compensation, but shall be reimbursed for their actual ex- 
penses. The interim committee shall have the power to sum- 
mon witnesses, who shall appear and testify under oath, to 
require the production of papers and reports, and to employ 
any necessary legal, clerical, stenographic, or other assistance, 
the accounts thereof to be approved by the governor and coun- 
cil. Said committee may require of the state departments 
such assistance as may be necessary. 

A sum not to exceed three thousand dollars ($3,000) is 
hereby appropriated to carry into effect the provisions here- 
of, and the governor is hereby authorized to draw his warrant 
therefor out of any money in the treasury not otherwise 
appropriated. 

[Approved May 16, 1945.] 



1945] Chapters 232, 233 459 

CHAPTER 232. 

JOINT RESOLUTION CONCERNING THE TERMINATION OF THE 
EUROPEAN WAR. 

Resolved by the Senate ayid House of Representatives in 
General Court convened: 

That the general court of the state of New Hampshire in 
behalf of the people of this state does hereby extend to Gen- 
eral Dwight Eisenhower, Supreme Commander of the armies 
of the United Nations in the western European theater of 
operations, and to all officers and men under his command, 
and through him to all who fought in the war in Europe and 
Africa, our deep and everlasting appreciation for their efforts 
which brought the achievement of victory which this day has 
been proclaimed by the President of the United States. That 
we do hereby pay humble and solemn respect to the memory 
of the heroic dead who in the years of this war with the 
European aggressor nations have laid down their lives that 
this victory might be attained and to the end that liberty and 
justice might once more be restored to a war-weary world. 
The secretary of state is hereby directed to transmit a copy 
hereof to General Eisenhower. 

[Approved May 16, 1945.] 



CHAPTER 233. 



JOINT RESOLUTION TO ESTABLISH A COMMISSION TO STUDY THE 
STATE EDUCATIONAL SYSTEM. ' 

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 commission of five 
members for the purpose of making a complete study of the 
educational system of the state, including the various state 
facilities therefor. Said commission is hereby given all neces- 
sary power and authority to secure such data from depart- 
ments of the state and local governmental agencies as may be 
germane to the purposes hereof, and said commission shall 
make a report of its findings and recommendations for the use 
of the 1947 legislature. Said report shall be filed on or before 



460 Chapter 234 [1945 

December 1, 1946. The members of said commission shall serve 
without pay but may be reimbursed for their traveling ex- 
penses incurred when engaged in official business of the com- 
mission. Said commission may employ and fix the compen- 
sation of such assistants as may be necessary for the purposes 
hereof. The sum of ten thousand dollars ($10,000) is hereby 
appropriated for the purposes hereof and the governor is 
authorized to draw his warrant for said sum out of any 
money in the treasury not otherwise appropriated. 
[Approved May 17, 1945.] 



CHAPTER 234. 



JOINT RESOLUTION PROVIDING FOR AN INTERIM COMMITTEE TO 

STUDY THE QUESTION OF REDISTRICTING THE SENATORIAL 

DISTRICTS OF THE STATE. 

Resolved by the Senate and House of Representatives in 
General Cou7^t convened: 

That the members of the senate and house of representa- 
tives, appointed by their respective bodies to act as a special 
committee to study the advisability of redistricting the sena- 
torial districts of the state, be and hereby are authorized to 
continue said study as an interim committee. The members 
of said committee shall serve without compensation but shall 
be reimbursed their actual expenses when engaged in business 
of the committee. Said committee shall report its recom- 
mendations and findings to the 1947 session of the general 
court. Each city in the state shall prepare information as to 
the taxable valuation in each ward of said city and shall 
furnish without cost such information to said committee. The 
sum of not to exceed one thousand dollars ($1,000) is hereby 
appropriated for the purposes hereof and the governor is 
authorized to draw his warrant for said sum out of any money 
in the treasury not otherwise appropriated. 

[Approved May 18, 1945.] 



1945] Chapters 235, 236 461 

CHAPTER 235. 

JOINT RESOLUTION EXTENDING THE PROVISIONS RELATIVE TO THE 
STUDY OF REQUIRING MILITARY DRILL IN CERTAIN SCHOOLS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the committee authorized by chapter 234 of the Laws 
of 1943 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, shall continue its said study 
and make a report of its lindings and recommendations to the 
1947 session of the legislature. 

[Approved May 18, 1945.] 



CHAPTER 236. 

JOINT RESOLUTION IN FAVOR OF SAMUEL W. TENOFSKY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand two hundred and fifteen 
dollars ($5,215) is hereby appropriated as follows: The sum 
of eight hundred dollars to be allowed and paid to the Carney 
Hospital of Boston, Mass., the sum of two hundred sixty 
dollars to be allowed and paid to the Elliot Community 
Hospital of Keene, the sum of seventy-five dollars to be 
allowed and paid to Dr. Walter H. Lacey of Keene, the sum of 
eighty dollars to be allowed and paid to Dr. W. R. Mac- 
Ausland of Boston, Mass., expenses on account of an accident 
suffered by Samuel W. Tenofsky on August 26, 1944, when on 
duty as a member of the state guard ; and in addition the sum 
of four thousand dollars is hereby allowed said Samuel W. 
Tenofsky, to him or to his wife and children, to be paid in 
weekly installments of fifty dollars per week for eighty weeks. 
The governor is hereby authorized to draw his warrants for 
the sums hereby appropriated out of any money in the treas- 
ury not otherwise appropriated. 

[Approved May 18, 1945.] 



462 Chapters 237, 238 [1945 

CHAPTER 237. 

JOINT ROSOLUTION RELATING TO THE CONTINUANCE OF THE 
COMMITTEE TO STUDY YOUTH AND JUVENILE PROBLEMS. 

Whereas, a committee, consisting of five members of the 
senate appointed by the president, and seven members from 
the house appointed by the speaker to study the youth and 
juvenile problems of the state and report prior to adjourn- 
ment of this session, has been unable adequately to fulfill the 
responsibility of this assignment ; and 

Whereas, the committee desires to give these problems 
their deserved attention ; therefore, be it 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That this committee be continued as an interim committee 
for further study of the problems and report their findings to 
the next session of the legislature. Said committee shall 
serve without compensation but shall be reimbursed for actual 
expenses when engaged in the business of the committee. The 
sum of one thousand dollars is hereby appropriated for the 
expenses of this committee and the governor is hereby author- 
ized to draw his warrant for sums not exceeding said sum of 
one thousand dollars out of any money in the treasury not 
otherwise appropriated. 

[Approved May 18, 1945.] 



CHAPTER 238. 



JOINT RESOLUTION PROVIDING FOR A COMMITTEE TO MAKE A 
STUDY OF THE LAWS RELATIVE TO OLD AGE ASSISTANCE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That a special committee of seven members, not more than 
four of whom shall be of the same political party, shall be 
appointed by the governor, with the advice and consent of the 
council, for the purpose of making a study of the laws relative 
to old age assistance. The members of said committee shall 
serve without compensation but shall be reimbursed for their 
actual expenses when engaged in official business of said com- 



1945] Chapters 239, 240 463 

mittee, and the governor is hereby authorized to draw his 
warrant for said expenses out of any funds not otherwise 
appropriated. Said committee shall report their findings and 
recommendations to the 1947 session of the legislature. 
[Approved May 18, 1945.] 



CHAPTER 239. 



JOINT RESOLUTION TO CREATE A COMMISSION TO SURVEY THE 

LAWS AND REGULATIONS RELATIVE TO THE SALE AND USE 

OF ALCOHOLIC BEVERAGES IN NEW HAMPSHIRE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor, with the advice and consent of the 
council, shall appoint a liquor research commission consisting 
of seven members and shall designate its chairman. Con- 
sideration in naming the commission shall be given to all in- 
terests concerned. Said commission shall gather as complete 
and accurate data as is possible relating to the physiological, 
psychological, economic and social effects of the use of 
alcoholic beverages in this state and shall give consideration 
and study to methods used in the treatment and rehabilitation 
of known alcoholics and shall be concerned with methods and 
materials to be used in a program of public education directed 
toward the prevention of the use of alcoholic beverages in ex- 
cess. Said commission shall serve without pay but shall be 
reimbursed for travel and actual expenses, the same to be 
charged against the revenues of the state liquor commission. 
The liquor research commission shall file with the legislature 
of 1947 a report of its findings and recommendations. 

[Approved May 18, 1945.] 



CHAPTER 240. 



JOINT RESOLUTION IN FAVOR OF CLARENCE A. DUBOIS AND 

OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That Clarence A. Dubois, sergeant-at-arms, be allowed the 
sum of $584.10; that Raymond B. Lakeman, sergeant-at-arms, 



464 Chapter 240 [1945 

be allowed the sum of $58^.10; that Bernard N. Lovgren, 
chaplain, be allowed the sum of $475.20; that Herbert M. 
Thyng, custodian of mail and supplies, be allowed the sum of 
$519.20; that Lenne C. Twombly, Sherman L. Greer, Joseph 
J. Comi, Annette M. LeClerc, Frank D. Gay, doorkeepers, be 
allowed the sum of $519.20 each; that Oney Z. Russell, warden 
of the coat room, be allowed the sum of $519.20 ; that Albion 
Parkhurst, assistant warden of the coat room, be allowed the 
sum of $259.60; that Oliver H. Hepworth, assistant warden of 
the coat room, be allowed the sum of $519.20 ; that Warren W. 
Houghton, library messenger, be allowed the sum of $519.20; 
that Arthur L. Carpenter, telephone messenger, be allowed 
the sum of $519.20; that J. Russell Bickford, telephone mes- 
senger, be allowed the sum of $519.20; that Palmer C. Read, 
judiciary messenger, be allowed the sum of $519.20; that 
Donald W. Moore, messenger, be allowed the sum of $519.20; 
that Clarence Bartlett, assistant messenger, be allowed the 
sum of $519.20 ; that Eleanor Tatro, appropriations messenger, 
be allowed the sum of $501.60; that Joseph P. Dorion, 
speaker's page, be allowed the sum of $519.20; that John B. 
Murphy, page, be allowed the sum of $308; that Alfred W. 
Soar, page, be allowed the sum of $211.20; that James F. 
Sparrow, page, be allowed the sum of $145.20; that Thomas 
H. Andrews, and Carl E. Wallace, pages, be allowed the sum 
of $519.20 each; that Richard S. Hicks, page, be allowed the 
sum of $488.40; that Alice V. Flanders, house stenographer, 
be allowed the sum of $1,168.20; that Bessie A. Callaghan, 
senate stenographer, be allowed the sum of $1,168.20; that 
Grace J. White, senate stenographer, be allowed the sum of 
$908.60 ; that Marion C. Colby, house stenographer, be allowed 
the sum of $1,038.40 ; that Melissa Bailey, house stenographer, 
be allowed the sum of $843.70; that Helen Y. Andrews, 
judiciary stenographer, be allowed the sum of $908.60; that 
Eleanor C. Brown, appropriations stenographer, be allowed the 
sum of $908.60 ; that Mary C. Booth, speaker's stenographer, 
be allowed the sum of $778.80; that Raymond P. Loughlin, 
governor's messenger, be allowed the sum of $475.20; that 
Marion G. Alexander, legislative advisor, be allowed the sum 
of $500 ; that Cyril J. Fretwell, clerk of the house, be allowed 
the sum of $600; that Benjamin F. Greer, senate clerk, be 
allowed the sum of $912.50; that Frank M. Ayer, assistant 
clerk of the senate, be allowed the sum of $875 ; that Robert 



1945] Chapter 241 465 

L. Stark, assistant clerk of the house, be allowed the sum of 
$875 ; that Eliot U. Wyman, legislative counsel, be allowed the 
sum of $5,860 ; that the office of secretary of state be allowed 
the sum of $3,225 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 un- 
der the direction of the secretary of state in such capacity as 
said secretary may direct. The sum for employment of Cyril 
J. Fretwell shall be available until December 31, 1946. 

The above mentioned sums shall be a charge upon the legis- 
lative appropriation. 

[Approved May 18, 1945.] 



CHAPTER 241. 
Names Changed 



From January, 1943, to January, 1945, the registers of pro- 
bate returned to the secretary of state the following changes 
of names made by the probate court : 

Rockingham County — Marjorie Frances Brown to 
Marjorie Frances Tuttle ; Margaret Laura Dexter to Margaret 
Laura Waning; Baby Field to Jonathan Adams Aldrich; An- 
tonina Drobisewskia to Jane Elizabeth Drobisewski; Peter 
Bosiniss to Peter Henry Bosen; John B. Simes alias John B. 
Quirk to John B. Simes; Florence Ellen Meatty to Florence 
Ellen Mullikin ; Charlotte Priscilla Charuk to Charlotte Priscilla 
Coleman; Kenneth A. Hooper to Kenneth A. Carter; Paul 
Robert Bascom to Robert Webb; Mary E. Kingsley to Mary E. 
Wilbur; Archie B. Carson to Archie B. Corson; Josephine M. 
Carson to Josephine Martha Corson; Harold W. Carson to 
Harold Wesley Corson ; Irene G. Carson to Irene Gertrude 
Corson; Alexandria Sophie Chloros to Alexandria Sophie 
Beleski; William Lester Courage to Lester William Courage; 
Harold L. Max to Harold L. Mosney; Mary Edith Pike to 
Doris Elizabeth Pike; Justus Lang to Julius Lang; Emma 
Christina Lang to Christine Emma Lang; Donald Raymond 
Waleryszak to Donald Raymond Bruce; Herbert Franklin 
Joslyn to Herbert Franklin Harrington; Ella Dorothy 
Joslyn to Dorothy Ella Harrington; Herman F. Joslyn 
to Herman Forrest Harrington; Ella Martha Simpson 



466 Chapter 241 [1945 

to Martha Ray Simpson; Francis Zielinski to Francis 
Robert Linscott; Clyde C. Rich, Jr. to Clyde R. Seavey; 
Rose Turcotte Demers to Rose M. Turcotte; Donald 
Allen Chance to Donald Allen Rea ; David Eugene Graeher to 
Phillip Nicholas Barrett; Nancy Ann Morin to Patricia Ann 
Comeaii; Harlene Harriet Caswell to Harlene Harriet Szabo; 
Richard Daniel Woodbury to Richard Daniel Wells; Ruth R. 
Turner to Ruth R. Robinson ; George Albert Locke to George 
Albert Gorman; Priscilla Margaret Locke to Priscilla 
Margaret Gorman; Elizabeth Mae Gleason to Elizabeth Mae 
Nudd; Ervin Eidler to Robert Samuel Eidlow; George Wells 
to George Dupuis ; Joseph Telesphore Moreau to Peter Joseph 
Moreau; Roland Stevens to Roland Bowden; Albert P. West 
to Albert Philbrick; Seley Crosbie to William Seley Crosbie; 
Robert Allan Gordon to Robert Gordon Phinney; Robert 
Gordon Phinney to Robert Allan Phinney; Robert Libby to 
Robert Libby Chadbourne; Walter Lewis Pelletier to Walter 
Lewis Dorman, Junior; Arthur Pluff to Arthur Albert 
Plouffe; Katherine Ruth Packard to Katherine Ruth Eaton; 
Paulette Ann Hart to Paulette Esther Thyng; Harry Gould 
Costello to Harry Gould Rogers; Helen Beatrice Shaner to 
Helen Beatrice Smith ; Luigi Bizzoachi to Louis Raymond Biz- 
zoachi; Alton Buttner Nickerson to Alton Nickerson Beals; 
Albert Raymond Fluck to Albert F. Raymond; Margaret 
Reina Richard Fluck to Margaret Richard Raymond; Anita 
Bolduc Levesque to Anita Emelie Bolduc; Mary Karipi to 
Annette Millicent Karippey; Joseph Krystoic to Joseph Ben- 
jamin Christy; Ruth K. Alessi to Ruth Virginia Kanada; 
Sophoclis Hapchis to Sophoclis Hapsis; Barbara Rowena 
Ressler to Barbara Rowena Smith; Robert John Bennett to 
Robert John Martel ; Dorothy Morin to Dorothy Anderson ; 
Eugene Anthony Wilcox to Vaughan Michael Yeagle; 
Jacqueline Ann Cook to Jacqueline Ann Price; Jane Louise 
Burns to Jane Louise Reynolds; David Alden Lightbody to 
David Alden Knowles; Joan Elizabeth Lightbody to Joan 
Elizabeth Knowles ; Jean Catherine Lightbody to Jean Cather- 
ine Knowles; Donna Bernadette Pollard to Bernadette 
Charlotte Wilson; Alice Ingham Whiting to Alice Ingham 
Hunter; Lillian Emma Bates to Lillian Emma Knights; 
Virginia Caswell Dow to Virginia May Caswell ; Louise Silvia 
to Patricia Ellen McCarthy; Joyce Virginia Weldon to Joyce 
Virginia Dunlap; Reginald Fulton Weldon, Jr. to Reginald 



1945] Chapter 241 467 

Fulton Dunlap; George Gerald Davis to George Gerald Ross; 
Gilbert H. Bennett to Gilbert H. Veilleux ; Fred Alvin Johnson 
to Fred Arthur Sheaff; David Francis Began to George L. 
Marshall, Jr.; Andrew Stancisko to Andrew Stancisco; Baby 
Kahili to Wilfred Maurice Peloquin; Paula Jean Leger to 
Paula Jean Brisson; Jacqueline Alice Clapp to Jacqueline 
Alice Abbott ; Joanne Hutchins to Joanne Troutman ; Kenneth 
Newbury to Kenneth Troutman; James J. Figerle, Jr. to 
James J. Perkins; Joseph Cadotte to Joseph H. Caswell; 
Kerwin David Olden to Homer Henry Davison ; Robert James 
Belmonte to Robert James Lannon; George Litchfield Kenney 
to George Whitfield Kenney; Francis Michael Oltman to 
Frank Forbes ; Baby Lenneville to George Dewey McCain, Jr. ; 
Baby Archambault to Betsey Ann Squire; Patricia Gail 
Hawkins to Patricia Louise Witham; Philip Stanislaw Bourk 
to Philip Stanley Bourque ; Abraham Fox to Earle Fox ; Baby 
LaCoss to Sharyn Kay Couch; Betty Jeanne Gowan to Betty 
Jeanne Grant; Aurise Alberta Laramie to Aurise Alberta 
Hersom; Vivian Madelyn Shaner to Vivian Madelyn Smith; 
Patricia Ann Mixer to Patricia Marion Gratton ; Richard Don 
Gurganus to Richard Don Levis; Robert Earl Stevens to 
Robert Earl Irvine; Linda Elaine England to Linda Elaine 
Smith; Joseph Albert O'Brien, Jr. to Joseph Albert Whities; 
Paul Davis to Paul Erwin Noyes ; James W. Knight to James 
Winthrop Hale; William F. Knight to William Francis Hale; 
Cecil Padgett Hodson to C. Padgett Hodson ; Jean Montville to 
Jean Philbrick; David Keith Read to David Keith Mandigo; 
Cynthia Diann Hill to Cynthia Helen Bibbey ; Lawrence Frank 
Brown to Lawrence Frank Hayes; Brenda Mae Gorton to 
Brenda Mae Martell ; Joyce Peterson to Joyce Beverly Cooper ; 
Dorothy Linda Perry to Dorothy Linda Franz; Lawrence 
Sidney Cohen to Lawrence Sidney Coleman ; Joyce L. Sweeney 
to Joyce L. Clark; Thomas Russell Cook to Thomas Wesley 
Lyle ; Sandra Drayton to Sandra Johnstone Cerutti ; Lilly May 
Gill to Rosalie Eldredge; Carl Edward Morin to William 
Edward Malloy; Nancy Jean Warner to Nancy Jean Jenne; 
Annabelle Gertrude Hedgepeth to Annabelle Gertrude 
Witham; William Clifford Baptist to William Clifford Nau; 
Rodney Eugene Gannett to Rodney Eugene Hooper; Karen 
Claire Kimball to Karen Claire Quimby; Madeline Figerle to 
Madeline Perkins; Robert Paul Herbert to Robert P. Cam- 
mett; William Francis Beaumont to William Francis Wyman; 



468 Chapter 241 [1945 

Roberta Ann Craigie to Marion Reid Gilchrist; Howard 
George Kimerling to Howard George Malloy; Richard Fred- 
erick Waas to Richard Frederick Keezer; Robert Lee Rollins 
to Robert Lee Florence ; Baby girl Hamilton to Constance Rae 
Howell; Dorothy V. Chaisson to Dorothy V. Dixon; Kathryn 
Beebe Birtwell to Kathryn Beebe; Richard Joseph Barry to 
Richard Joseph Laughton. 
Granted May 12, 1942. 

Strafford County — June Ann Hayes to June Ann Nicker- 
son; Zoe Evelyn Papageorge to Zoe Evelyn Constantopoulos ; 
Hannah Moran to Joanna Elizabeth Moran; Alice Frances 
Chase to Frances Chase Hurd; Edgar Willis Laughton to 
Edgar Laughton Smith; Alexina Flora Rousseau Noel to 
Clara Rousseau Noel; Robert Lewis Gray to Robert Lewis 
Bridges; Mary Leduc to Mary Duke; William Leduc to 
William Duke; Marie Leocadie Ouellet to Leona Leocadie 
Ouellette; Constance Bisson to Constance Maurice; Joseph 
Leodar Normand to Leo Joseph Normand; John Francis 
Beamish to John Francis Beamis; Joseph Octave Cote to 
Joseph Richard Cote ; Napoleon Vachon to Paul Rogers ; Gus- 
tave Adolphe Nasman to Gustave Adolphe Nesman; Muriel 
Eloise Nasman to Muriel Eloise Nesman; Joseph Gilbert to 
Herman Emile Pouloit ; Kleopatra Daeris to Claire C. Daeris ; 
Billie Jackson to James Graham Kittridge; Mavis Blanche 
Hodgdon to Mavis Blanche Young; Patracia Ann Hatch to 
Patricia Ann Ross; Marylin Edith Brown to Marilyn Edith 
Cann ; Joseph Louis Alfred St. Lawrence to Alfred Joseph St. 
Laurent ; Alice Mansour Hashem to Alice Mansour ; Josephine 
Mansour Hashem to Josephine Mansour; Sarkis Mansour 
Hashem to Sarkis Mansour; Alcide Etienne Mansour Hashem 
to Alcide Etienne Mansour ; Henry Richard Leonard to Henry 
Richard Perkins; Erileen Gertrude Pickering to Erileen 
Gertrude Goodwin; Ruth Eleanor Beaudoin to Ruth Eleanor 
McDaniel; Virginia Lillie Degrace to June Helen Ferrigan; 
Joseph Cook to Joseph Cook Currier; Trudy Goldbaum to 
Trudy Gould; Robert Water Goldbaum to Robert Walter 
Gould ; Peter Adamopoulos to Peter Adams ; Mary Labrecque 
Carkins to Marie Rose Carkins ; Jean Joseph Chasse to John 
Paul Chasse; Donat Grondin to Albert Donat Grondin; Allie 
C. Conner to Winfred Leslie Bunker; Bernard J. McGee to 
Bernard Joseph Ferrigan; Robert Douglass, Jr. to Ronald 



1945] Chapter 241 469 

Walter Jaffarian; Helen M. Ellison to Helen M. Ainsworth; 
Theodore Russell Therrien to Russell Theodore Therrien; 
Emma Mary Smith to Irene Mary Smith; James Gordon 
Cameron to Harold Evan Mitchell; Norman Desilets to Nor- 
man Richard McKone; Norma Rose Wallingford to Norma 
Rose Burroughs; Michael Robert Lewis to David Dennis 
Demers; Chellis Carroll McAllister to Chellis Carroll Weeks; 
Electa Louise Twombly to Electa Louise Shattuck ; Mary Anna 
Laguerex Bernier to Mary Anna Lagueux Bernier ; Annabelle 
Sandra Arnold to Annabelle Sandra Martineau; Francis J. 
Smith to Albert Hall Mercier; James Woodrow Sewall to 
Samuel Harry Sewall ; Lumina Proulx Gouin to Minnie Gouin ; 
Wesley George Columb to Wesley George Harris; Leslie Roy 
Columb to Leslie Roy Harris; Mary Ellen Couturier to Mary 
Ellen Taylor; Alfred Leo Couturier to Alfred Leo Taylor; 
Joseph Marcotte to Joseph Jestude; John Marcotte to John 
Jestude; Louis Paul Deschenes to Paul Louis Deschenes; 
Charles William Piercy to Charles William Clement; Joan 
Agatha Wolski to Joan Agatha Atwood ; Patricia Lee Boucher 
to Patricia Lee Hobbs; Dona Clark to Dona Byerly; Betty 
Ann Maxfield to Betty Ann Treahey; John Frederick Knee- 
land to Frederick Mullen Steadman; Gary Robert Hall to 
Gary Robert Button; Katherine Marie Elizabeth Hamel to 
Katherine Marie Elizabeth Mondoux; Graziella Bergeron to 
Donalda Grazielle Bergeron; Kenneth Stokes to Kenneth 
Stokes Arnold; Glenn Raymond Hughes to Carl Lee White- 
house ; Archille Oditton Italion to Archille Arthur de I'Etoile ; 
Marie Alice Moore to Alice Mary Moore ; Joseph Albertus Le- 
blond to George Albert Leblond; Malcolm Bruce Strauss to 
George Malcolm Wood; Frank Joseph Couillard to Joseph 
Manuel Couillard; David Court to David Foster Bennett; 
Pauline Joyce Wilkinson to Pauline Joyce Sanborn; Harriett 
May York to Patricia Ann Worden; Dolores June Corson to 
Jacqueline Ann Mailot; Mildred L. York to Mildred L. Haw- 
kins; Fred Willard Corson to Fred Willard Mailhot; Molly 
Rosemond Leighton to Maureen Rosemond Leighton; George 
Francis McEnnis to Robert Samuel Bernier; Donna Marie 
Parent to Jean Ann Adams ; Raymond Whittaker to Raymond 
Bragdon; Loretta Mary Hughes to Loretta Mary Taylor; 
Kenneth Howard Paige to Kenneth Howard Nichols; Gale 
Van Wart White to Martha Jane Kelsey; Caroline Faith 
Brunkard to Myrla Joy Mitchell; Ernest E. Humphreys to 



470 Chapter 241 [1945 

Ernest E. Sheltry; Dolores Joy Fitzherbert to Dolores Joy 
Colbroth; Omer George Anthony Mailhot to John Mason 
Worley; Gladys Ella York to Gladys Ella Kelley. 

Belknap County — Frantz Milton Paine to Frank Milton 
Paine ; Clyde Lemoyne Baker to Lloyd Lemoyne Baker ; Mar- 
tin Feurstein to Martin Feuerstein; Raoul Jean Thomas 
Xavier Morin to Ralph John Morin; Mary Evelyn 
Lasheway to Mary Evelyn Peavey; Eunice Zilla Shurbert to 
Eunice Lilla Blanchard; Richard Szalajeski to Richard 
Stanley Szalajeski ; Charles Collins Clifford to Clifford Collins 
Clifford ; Muriel Fern Thompson to Muriel Fern Moody ; Ellen 
Morin to Helen Mary Morin ; Pauline Louise Gagnon, alias 
Benoit to Pauline Louise Gagnon ; Jean Edwina Gagne to Jean 
Edwina Wing; Ralph Lovely to Frederick Ralph Paquin; 
Frances W, Farra to Frances W. Wilson; Alvin Morse to 
Irving Gardner Morse; Leola Mae Floros to Leona Mae 
Floros ; Helen K. Lugliani to Helen K. Bronson ; Peter Joseph 
Grabowski to Peter Joseph Graham; Phillip Gignac Couture 
to Philip Gignac Couture; Blanche May Ringer to Marie 
Blanche Ringer; Albert George Orens to Albert George 
Joseph LaPierre; Floyd Harold Paradee to Clyde Harold 
Claflin; Leonard Alvis Martinetz to Leonard Richard Kean; 
Rena Agnes Lang to Rena Ada Pickering; Joseph Patrick 
Allen to Joseph Patrick Francis Allen; Virginia Durgin to 
Virginia Holden; Joseph E. Z. Johndeo to Joseph E. Dumas; 
Madelene Shirley Dufield to Madelene Shirley Riley; Vivian 
Rita Guyer Goyette to Vivian Rita Guyer Cyr; Stanley Rich- 
ard Willmott to Stanley Richard Griffin; Ernest Ulysse 
Jacques to Joseph Ernest Jacques; Armand Alphonse Morin 
to Armand Joseph Morin; Richard Morin to Richard Joseph 
Morin; Isabelle S. Jones to Isabelle S. Blake; Carl Ange to 
Carl Angers. 

Changed by Adoption — Joseph Rudyinski to Joseph Roubo; 
Roger Albert Eryou to Roger Albert Dow; Howard J. Butt- 
man to Howard J. Lank; Louise Ida Lyman to Louise Ida 
Littlefield; Marcia Evelyn Kitchen to Marcia Evelyn Hamel; 
Donald Williams to Donald William Clouthier ; Arnold Bolduc 
to Arnold Bolduc ; Gail Lynn Chadwick to Gail Lynn Scarboro ; 
Jeralyn Jane Middaugh to Jeralyn Jane Cornish; Raymond 
Husband, Jr. to Raymond Bagley ; Gary Daniel Moses to Gary 
Daniel Brown; Glenn Irving Moses to Glenn Irving Brown; 



1945] Chapter 241 471 

Robert John Storrs to Robert John Lamere; Carol Ann 
Walker to Carol Ann Walker ; Donald Leon Willett to Donald 
Leon James. 

Carroll County — Ann L. Mathers to Ann Clara Titus ; 
Mary V. Lewis to Mary V. Gibson; George Arthur Lewis to 
George Arthur Gibson; David C. Lewis to David C. Gibson; 
Douglas P. Lewis to Douglas P. Gibson ; Clarence Wesley Mc- 
Clellan to Charles Stuart McLellan; Marilyn Ann Baker to 
Marilyn Ann Nason ; Edward Bruce Brown to Edward Bruce 
Nason; Ronald Wayne Brown to Ronald Wayne Nason; 
Robert Francis Brown to Robert Francis Nason; Roberta 
Frances Brown to Roberta Frances Nason; Lionel Giles to 
Lyle Giles; Tonita Ethel Lougee to Tonita Ethel Buchanan; 
Lloyd Sprague Hammond to Lloyd Francis Stevens; Romona 
Jean Lewis to Romona Jeanne Bunker; Frances H. Marsh to 
Frances H. Kennett; Marjorie Ann Klug to Marjorie Ann 
French ; Norma Klug to Norma French ; Babara Jane Klug to 
Babara Jane French; George Ernest Klug to George Ernest 
French; Helen Klug to Helen French; Lawrence Arnold 
Clough to Lawrence Arnold Newhall; Raymond Bishop to 
Raymond B. Brown. 

Changed by Adoption — Blanchard child of Wolfeboro, N. H., 
to Linda Joyce Davis ; Winn child of Boston, Massachusetts to 
James Oliver Bovaird; Irene Lucille Beal to Irene Lucille 
Pippin; Priscilla Maude McGraw to Priscilla Maude Wash- 
burn ; Edward Fratus to Kenneth M. Fox ; Rita Ann Howard 
to Rita Ann Hutchins ; Mary Louise Hodsdon to Mary Louise 
Gorman. 

Merrimack County — Franciszek Piwonski to Frank 
Piwonski; Allister Hirtle to Sterling Allister Hirtle; Teresa 
Gloria Smith to Teresa Ann Smith ; Bertram Schubert to Basil 
Bernd; Raffael Shubert to Siegfried M. Bernd; Marie Alice 
Elizabeth Jennings to Elizabeth Ellen Jennings; Robert S. 
Ellis to Robert S. Fanny; Elsie C. Koopman to Elsie Colby; 
Caro Lucia Allen to Caro Lucia Arsenault; Reino Jarvi to 
Ervin Reino Nelson; Isabelle C. Phillips to Isabelle Claire 
Babb; Charles Royce Ackley to Charles Royce Harvey; 
Raleigh M. Nudd to Raleigh M. Brown ; Stanislava Mary Giles 
to Stella Mary Giles ; Irma Jean Ash to Irma Jean Rell ; May- 
nard Wayne Brackett to Wayne Brackett Nicoll; Harry B. 



472 Chapter 241 [1945 

Lafferty to Harry Ernest Sharkey; Robert Forbes French to 
Robert Forbes Copp; Maryanne Stanley to Marianne Stanley; 
Hazel Adelaide Fellows Tucker to Hazel Maude Fellows 
Tucker; Alfred Edward Holden to Alfred Edward Halden; 
Joseph F. Davian to Joseph F. King; Patricia Ann McGuigan 
to Patricia Ann Walerstein; Alan Michael Abramowitz to 
Alan Michael Abrams; Beatrice E. Abramowitz to Beatrice 
E. Abrams; Jack Abramowitz to Jack Abrams; Foster Rand 
to Richard, Leon Rand ; Joseph Wilfrid Couturier to Alfred 
Joseph Taylor; Gerald A. Cannon to Gerald A. Little; Elinor 
G. Chagnon (Shonyo) to Elinor G. DeAngelis; Judith Anne 
Payne to Judith Anne Rand; Cora M. Roby to Cora M. 
Osgood; Marian Ruth Sanderson to Marian Ruth Townsend; 
William John Caveney, Jr. to William John Beaupre ; Richard 
Harold to Richard Harold Dustin ; Pauline Greene to Pauline 
Scarponi ; Stephany Kartaczewicz to Stephany Victoria Kart ; 
Gertrude E. Annis to Elizabeth G. Davis; Mary E. Warren to 
Mary Ellen Rogers; Robert Dudley Paul to Robert Dudley 
Bell ; Arthur Richard Boyd to Arthur Richard Abbott ; David 
Mansfield Boyd to David Mansfield Abbott; Arlen Carl 
Bujnievicz to Arlen Carl Benning; Audrey Jane Bujnievicz 
to Audrey Jane Benning ; Charles A. Bujnievicz to Charles A. 
Benning; Lorraine M. Bujnievicz to Lorraine M. Benning; 
Paul Edward Gates to Paul Edward Himes ; Maxine Barbara 
Kenniston to Maxine Barbara McLeod ; Duane A. Wormbrand 
to Duane A. Windemiller ; William Francis Vondell to William 
Francis Strobridge; Nathaniel Mortimer Mahoney to 
Nathaniel John Mahoney; Carol Hunt Matson to Carol Mat- 
son ; Henry Frederick Robert to Henry Frederick Gignac. 

Changed by Adoption — Irene McGaffigan to Irene Mc- 
Gaffigan Drew; Charles Edwin Wentworth to Paul Conrad 
Gustafson; William Henry Eaton to William Henry Farmer; 
Margaret Elizabeth Fielding to Hope Chisholm ; Lester Robert 
Leavitt to Lester Robert Page ; Patricia A. Heath to Patricia 
A. Rounds; Helena Richard Foster to Helena Richard Hol- 
brook ; Joan Nancy Townsend to Joan Nancy Holbrook ; John 
Harvey to Robert Carr Stimson; Gilbert Graeme Holt to 
Gilbert Welch; Patricia Mary Ann Overs to Blair Bamford; 
Katherine Proctor to Sally Elizabeth Roberts ; Oral Codere to 
Oral Diane Bourbeau; Patricia Ann Lees to Patricia Ann 
Bureau; Eugene Allard to Eugene Laramie; Robert Francis 
Cliche to Robert Francis Drouin ; Joanne A. Buzzell to Joanne 



1945] Chapter 241 473 

A. Culberson; Francis Clifton Charnock to Francis Clifton 

Cass ; Rose Marie to Rose Marie Adams ; John Ernest 

Elliott to John Ernest Hemeon; Elaine Pappanickola to 
Elaine Walter; Jacqueline Mae Louthan to Jacqueline Mae 
Brown; Andrew Stewart to James Gordon Silver; Judith 
Arlene Beebe to Judith Arlene Storrs; Dorothy May Fitts to 
Dorothy May Nutter; Priscilla Elsie Neary to Priscilla Elsie 
Wood; Richard Allen Goss to Richard Allen Bishopric; 
"Infant" Roy to Albert Andre Boulay ; Jacqueline Ann Dickey 
to Jacqueline Ann Lesmerises; Leroy Hillman Pratz to John 
Stanley McGilvray; "Baby" Robinson to Vincenzo Paul De 
Palma ; Patricia Ann Cushman to Janet Parker ; Christie Ann 
Gage to Christie Ann Beane; Judith Carol Hayes to Judith 
Elliott Morse ; Agnes M. Knight to Agnes May Tripp ; George 
P. Knight to George Page Tripp; Loretta Marie Nelson to 
Diana Elizabeth Lewis; Dorothea Mae Cole to Dorothea Mae 
Baker; David Healey to David Frank Brown; Margaret Jean 
York to Amy Welcome Blaisdell; Nancy Grover to Nancy 
Louise Jaastad ; Warren J. Hall to Warren Hall Barker ; Earl 
M. McKean to Earl M. Spooner; Theresa Brown to Theresa 
Liberty. 

Hillsborough County — Henri Courtemanche to Henry 
Albert Courtemanche; Genevieve Clancy O'Grady to Gene- 
vieve Glancy; Peter Banaskevich, Jr. to Peter Banis; Doris 
Banaskevich to Doris Banis; Emma D. Wallace to Emma D. 
Nichols; Normand Ernest Rivard to Normand Ernest Ouel- 
lette ; Helen J. Papadoplos to Helen J. Papp ; Paul B. Holland 
to Paul B. Young; Adam J. Krystopowicz to Adam J. Kris- 
toff; Robert William Jarvis to Robert William Basoukas; 
Albert Feurstein to Albert Firestone ; Constantinas Mirmingis 
to Charles Mermingis; Oscar Joseph Perras to Oscar Joseph 
Bilodeau; Mary Sedlewich to Mary Katherine Sullivan; 
Merton Douglass to Merton George Briggs; Elaine Emma 
Theriault to Elaine Emma Richard; Amelia M. Snow to 
Amelia M. Rioux ; Charles Morris Feurstein to Charles Morris 
Firestone; Paul Abraham Feurstein to Paul Abraham Fire- 
stone; Tadeus Irmalowicz to Frank Yarmolovich; Domithilda 
Stepanionis to Dorothy Patricia Stepanon; Constantine Pap- 
pas to Charles Arthur Pappas; Donald Powers Hughes to 
Donald John Ladd; Joanne Hughes to Joanne Ellen Ladd; 
Ramard Chester Baldwin to Raymond Clinton Baldwin; Ed- 



474 Chapter 241 [1945 

ward Farmer to Edward Francis Miller; Agnes Ploch to 
Agnes Gackowski; Adam Ploch or Plocharcyk to Adam 
Gackowski ; Fernand Beaiidoin to Richard Fernand Beaudoin ; 
Marguerite Elizabeth Marston to Marguerite Elizabeth 
Walker; Frank Y. Tong to Frank Tong Joyce; Israel H. 
Feuerstein to Harold Israel Firestone; Nile Clyde James to 
Nile Clyde Miller; Marcella Simpson Charois to Bernadette 
Ernestine Charois; Wladyslaw Syrek to Edward Joseph 
Syrek; Peter John LaMotte to Peter John Lamothe; Louis 
Barowski to Edward Barowski ; Rachel Rita Raby to Rochelle 
Rita Raby ; Gertrude K. Haas to Thirzo K. Haas ; Gertrude A, 
Chouinard to Gertrude A. Clark ; Marie Jeanne Rose Godin to 
Jeanne Rose Pelletier; Francena May Dandley to Francena 
Grace Dandley ; Marietta Priscilla Lizotte to Priscilla Valliere ; 
Edmund T. Potvin to Edmund Thomas Parson; William 
Whittet to William Whittet Turnbull ; Dorothy Eva Whittet to 
Dorothy Eva Turnbull ; Eva Georgianna Boulanger to Loraine 
Marie Boulanger; Emile Paul Dionne to Emile Paul Dion; 
J. Dolard Robert L'Heureux to Robert Dolor L'Heureux; 
Francois A. Menard to Archibald F. Maynard ; Peter William 
Sadauskas to Peter William Sudosky; Catherine Luckwryz to 
Catherine Luckury; Richard John Kaline to John Papagien; 
Demetrious Anagnostopoulos to James Anagnost; Joseph J. 
Betlej to Joseph J. Betley; Marcelle Lamy Audet to Marcelle 
Lamy; Arthur Frederic Home to Frederick Arthur Home; 
Leo Bertrand Romeo DesRochers to Romeo Leo DesRochers; 
Katherine Harrises to Katherine Harris; Marie B. L. Lucier 
now Sullivan to Isabel L. Sullivan; Malteades Harrises to 
Melty John Harris; Marion Ray O'Brien to Marion Rae Mc- 
Cann; Peter Chlorianopoulos to Peter Chloros; Maria Cala- 
margetou to Mary Margetou; Theodore Calamargetou to 
Thomas Theodore Margetou; Evangelia Calamargetou to 
Evengeline Margetou; Berontia Ustin to Bertha Lapin; 
Venetia Calamargetou to Venetia Margetou; Lionel George 
Beaulieu to Leo George Beaulieu; Serasine LePage to Alice 
LePage; Robert Roger Lambert to Roger Lambert; Ralph B. 
Austin to Ralph B. Worcester; Ralf Hakansson to Ralph 
Ernest Larkinson; Jeremiah Louise Gingras to George H. 
Gingras ; Louise Sarpi to Louise Lavoie ; Louise Stulginskas to 
Louise Stulgis; Bronislaw Stulginskas to Bruno Stulgis; 
Anita Stulginskas to Anita Stulgis; Janice Eleanor Egan to 
Shirley Anne Egan; Dorothy Ada Bosse to Dorothy Ada 



1945] Chapter 241 ' 475 

O'Brien; Robert Aldo Morenghi to Robert Aldo Moreno; 
Joseph Henry Bean to Joseph Henry Lefebvre; Joanne Ruth 
Bennett to Joanne Ruth Vigue; Evangeline Jane Kosowicz to 
Wanda Jane Kane; Joseph Elphie Ouellette to Elmo Alphe 
Ouellette; Elizabeth C. Beattie to Elizabeth C. Jackson; 
Joseph Louis Gerard Donald Tellier to Donald Joseph Louis 
Gerard Tellier; Yvette Lemay to Yvette Gonthier; Yvonne 
Lemay to Yvonne Gonthier; Marion Tatro to Marjorie 
Marshall; Joseph Elias Maurice Ronaldo Lemelin to Maurice 
Elias Lemelin; Stanislaus Joseph Morton to Stanley Joseph 
Morton ; Constantinos Plechekos to Constantine Charles Pleat- 
sikas; Antonios Mesaelis to Anthony Macenas; Joseph Henry 
Cazzot to Joseph Henry Caza ; John Warren Gonsalves to John 
Palreiro ; Honora Maria Sullivan to Maria Josephine Sullivan ; 
Carl Henry Innie to Kenneth Bradley Innie; Wilfrid Adrien 
Caron to Wilfrid Adrien Rodier; Henry Zajaczkowski to 
Henry Zankowski ; Antoinette Mary Theriault to Antoinette 
Mary Provencher ; Toivo Matthias Kankaanpaa to Tovio Matti 
Kangas ; Marie Delim.a Victoria Gagnon by marriage Pelletier 
to Rose Delima Pelletier; Lucille Merrill to Lucile Merrill; 
Regina Perras to Regina Krajewski; Louis Peter Stiko to 
Louis Peters ; Anna Royer Banks to Anne Royer Banks ; Marie 
Bura to Marie Russell; Saul Zozofsky to Saul Stone; Rose 
Cereier to Rose Cerier; Joseph Philippe Adelard Lanoie to 
Joseph Philip Adelard Lanoie; Roman Chester Staniszewski 
to Roman Chester Stanley; Robert Odilon Rouleau to Robert 
Odilon Ouellette; Joseph Hermenegil Boudreau also known as 
Heremengil Boudreau to Joseph Herman Boudreau; Alice 
Antoinette Cannon to Alice Antoinette McCabe; Annie Maria 
Sullivan to Anna Marie Sullivan; Warren David Sandwell to 
Warren David Bodge; George Peter Poulas to Peter T. 
Kouf opoulas ; Gregoire Girard to Joseph Girard ; Sofia Petriw 
to Zonia Petriw; Zella F. Spiracos to Zella E. Franklin; 
Shirley Alice Eileen Mclnnis to Shirley Alls Arline Maclnnis ; 
Tanya Lyn Spiracos to Tanya Lyn Franklin; Stanley John 
Czarnosz to Stanley John Carson; Agnes Lillian Ingeborg 
Frans to Agnes Lillian Ingeborg Johnson ; Bertha Zazof sky to 
Bertha Stone; Grace Margaret Gaura to Grace Margaret 
Cote ; Joseph Alfred Irving Pelletier to Irving Fred Pelletier ; 
Joseph Albert Adrien Ricard to Andrew Joseph Ricard; 
Bolaslov Bogdan to Benjamin Walter Bogdan; Nancy N. 
Sutherland to Nancy N. Hurlburt; Stanley P. Poplawski to 



476 Chapter 241 [1945 

Stanley P. Laski; Christina Margaret Schricker to Christina 
Margaret Klardie; Evanthia Marines to Evanthia Makarias; 
Spiridoola Lappas to Dora Berry; Theodore George Asteriou 
to Theodore George Astaire; James Gorham Polk- to James 
Gorham Aston ; Edna Jane Lakr to Edna Jane Dolzko ; Bennie 
Owsiuk to Benny Olsen; Marie Rose Paquette to Rose Marie 
Allaire; Andrew Zarmarkupis to Andrew Watson; John 
Kurylak to John Kurylock; John J. Macuilevicious to John J. 
May; Soterios G. Plentzas to Joseph Plentzas; Lefterois 
Flioras to Ted Floras ; John Miloszek or Milosl to John Mills ; 
Ronald Edward Chagnon to Ronald Edward Martin; Gordon 
Keith Chagnon to Gordon Keith Martin ; Thorburn W. Warde 
to Thorburn W. Hills; LeBaeles W. Warde to LeBaeles W. 
Hills; Ordre T. Warde to Ordre T. Hills; Joseph Frederick 
Baril to Frederick Joseph Berry; Helen Nellie Butler to 
Helen Nellie Murphy; Hay Kuhn Wong to Hay Kuhn Lee; 
Helen Rzeznikiewicz to Helen R. Herbut; Robert W. 
Boulanger to Robert W. Lee; Charlotte Nellie Masztal to 
Charlotte Nellie Gervaise; Ladislaw Guerski to Walter 
Gurska; Victoria Anne Krystapowicz to Victoria Anne 
Kristoff ; Fannie Barbara Wheeler to Joann Barbara Wheeler ; 
Sherry Baird to Daniel Manning Hazard; Beverly Ann 
Grzymski to Beverly Ann Noel ; Agnes D. Gackowski to Agnes 
Paris; Walter Aksztulewicz to Walter Akstull; George Leo 
Feurstein to George Leo Firestone ; Hanna Johnson to Hannah 
Ekdahl; Albert Romani to John Henry Romani; Armand S. 
Couturier to Arnold Sylvio Taylor; Marguerite Couturier to 
Marguerite Taylor; John Valopulus previously petitioned as 
Ptefanos Vlahopoulos to John J. Baroody; Irving George 
Barnard to Irving Morrill Barnard; Bibian Cote Piper to 
Bibian Cote; Stanley Malinowski alias Millinuski — Malino- 
ski — Malinowsky or Mallinoski to Stanley Uzdavinis; An- 
tonina Malinowski alias Millinuski — Malinoski — Malinowsky 
or Mallinoski to Antonia Uzdavinis; John Malinowski alias 
Millinuski — Malinoski — Malinowsky or Mallinoski to John 
Uzdavinis; Rita Malinowski alias Millinuski — Malinoski — 
Malinowsky or Mallinoski to Rita Uzdavinis; Joanne Lou 
Zazofsky to Joanne Lou Stone; Frances Gale Zazofsky to 
Frances Gale Stone ; Janet Fay Zazofsky to Janet Fay Stone. 

Changed by Adoption— Sylvia Belle Clifford to Sylvia Belle 
Blaisdell; Frederick C. Butler to Frederick Butler Elliott; 
Harold Edward Moore to Harold Edward Jones; Mona Mae 



1945] Chapter 241 477 

Campas to Mona Mae Poirier; Peter George Campas to Peter 
George Poirier; Betty Jane Grant to Betty Jane McAfee; 
Marcel Paul Roland to Marcel Paul Roland Janelle; Rita 
Richard to Rita Richard Hewitt; Gerard Mercier to Gerard 
Rheaume; Joseph Robert Beckford to Joseph Robert Lavarn- 
way; Carl Henry Stewart to Carl Henry Innie; Rita Lorraine 
Michel to Rita Lorraine Bruneau; Jeannine Phylis Michel to 
Jeannine Phylis Bruneau; Mary Ruth Nettie Noels baptized 
as Irene Fleurette Vaillancourt to Irene Fleurette Froton; 
William Joseph Heron to William Joseph Rogers; Clarence 
George Gobin to Clarence George Rodier; Lorraine Harrison 
to Lorraine Philbert ; Michael Hall to Robert Joseph Jenkins ; 
Brenda Jane Buffelli to Brenda Jane Taylor; Mary E. White 
to Mary Elizabeth Gardner; Rita Rose Hood to Rita Rose Cyr; 
Helenmary Boire to Helenmary Mack ; Joan Ella Nickerson to 
Joan Ella Brooks; John William Smith to Joseph Harrison 
Kennard ; Mary LeBorgne to Dorothy Marie Roux ; Baby Chap- 
pell to Robert William Tate ; Baby Hamilton to James R. Lavi- 
gne ; Eva Wilkinson also known as Eva Belair to Eva Belair ; 
David James Parlon to Donal Brenden Tobin ; Baby Heath to 
William Oliver Mason, Jr. ; Daniel Robert Duf our to Daniel 
Robert Flynn ; Harold Edward Moore to Harold Edward Jones ; 
Ernest Demers to Roger Ernest Plourde ; Peggy Ann Bush to 
Peggy Ann Hall; Roy Walter Harriman to Roy Walter Hall; 
Margaret Janet MacDonald to Janet Margaret MacDonald; 
Dolores Niziankowicz to Dolores Sophia Timbas ; Daniel Theo- 
dore Pappas to Daniel Theodore Roberge; Albert Leon Dube 
to Albert Leon Larochelle; Francis Sanders to Francis Sand- 
ers George; Agnes Caverly to Agnes Kennedy; Russell E. 
Dunn, Jr. to Russell E. Caron; Beatrice Vadeboncoeur to 
Beatrice Chase; John Ford to Richard Willwerth Gillespie; 
Joseph Insogna to Thomas Ignatius Kiley; Alfred Allen to 
Alfred Bosse; Robert Roger St. Pierre to Robert Roger 
Wajda; Robert Guptill to Robert Horatio Ball; Catherine 
Mary O'Leary to Patricia Margaret Flynn; Barbara Nicholi 
Champoux to Maureen Lois Gibbons; Yvette Jean Pitcher to 
Shirley Jean Pethick; Marie Irene Germaine Savageau to 
Marie Irene Germaine St. Jean ; Paul Joseph Grogan to Robert 
Starita; Richard Raymond Genest to Richard Raymond 
Letendre; Shirley Ann Carley to Shirley Ann Salvail; John 
Kiritsis to John PVancis Lakeman; Baby Poole to Mary Alice 
Reagan ; Thomas William Kelly to Thomas William Levesque ; 



478 Chapter 241 [1945 

Raymond Roger Gamache to Raymond Roger Francoeur; 
Gianakis Marvrellis to John Hartofelis; Michael James St. 
Cyr to Ernest Anthony Trahan ; Mark Paul St. Cyr to Edward 
Joseph Trahan; Fotini Mavrelhs to Fotini Hartofelis; Beverly 
Jewell Bucy to Beverly Bucy Parks; Deanne Teresa LaFon- 
taine to Deanne Teresa Webster; Mary Ardelia Starumpski to 
Mary Ardelia Baio; Peter Christopher Holland to Peter Chris- 
topher Cordatos; William Arthur Thomas to William Arthur 
Saxon; Donald Sinkervitch to Donald Zibolis; Dorothy Ellen 
Belief euille to Dorothy Ellen Burnham; Baby Buchanan to 
Martha Anne Wood; William Angelo Marino, Jr. to James 
Howard Smith; Alfred Allard Clough, Jr. to Norman Alfred 
Field; Grace Frances Lepetre to Grace Frances Henderson; 
John Carter to David Collin Ainsworth; Ronald Underwood, 
Jr. to Ralph Andrew Ashton; Cynthia Lee Otis to Elaine 
Christine Schubert; Carl Harold Packer to Carl Harold 
Bienvenue; Richard Allen Packer to Richard Allen Bienvenue 
Thomas Bernard Stokel to Anthony Thomas Zdon; Robert 
Francis Robbins to Robert Francis Burden; Gerald Haley to 
Gerald Francis Shea; Maurice Richard Roberts to Janes Dana 
Clark ; Anne-Marie EHzabeth Rush to Anne-Marie Elizabeth 
Tucker ; Robert McLaughlin to Grover Robert Bohan ; Norman 
David LaPlante to Norman David Sanborn; Robert Daniel 
Marion to Donald Purlee Greenough; Maureen Olive to Mau- 
reen French ; Irene Marie Tremblay to Irene Marie Legendre ; 
Janice Diane Croteau to Janice Diane Collette ; Joan Franggos 
to Joan Collette; Alfred Ernest Caldwell to Alfred Ernest 
Lemire; Sandra Louise Merchant to Sandra Louise Blackey; 
Robert Chase Hunt to Robert Chase Collins; Beverly June 
Hunt to Beverly June Collins; John Francis Hunt to John 
Francis Collins ; Betty Jean Kirk Green to Betty Jean Walsh ; 
Charles Joseph Caron to Charles Joseph Michie ; Wayne Allan 
Connor to Wayne Allan Eaton; Mary Ellen Davis to Mary 
Ellen Hampton; Dorothy E. Robbins to Dorothy E. Gray; 
Louis Girard Zoes to Louis Girard Field; Roger George Zoes 
to Roger George Field ; George Dennis Zoes to George Dennis 
Field ; George Minasian to George Mougamian ; Howard Irving 
Wirtanen to Howard Irving Beaubien ; Therese Deschamps to 
Therese Roy; John Kirk to Edward Ralph Martin; Sandra R. 
Berube to Sandra R. Gagnon; Robert W. McGettigan to Robert 
W. Duda ; Virginia Oikelmus to Virginia Aho ; Dorothy Louise 
Pitcher to Dorothy Louise Pethick ; Theresa Ann Laf ontaine to 



1945] Chapter 241 479 

Theresa Ann Tansey; Therese Madeleine Bourque to Therese 
Madeleine Cote; Baby Laro to Margaret Regina Warren; John 
Robert Bourque to John Robert Patch; Mary Elizabeth Law- 
rence to Mary Elizabeth Coons; Grover Clifford Battye to 
Grover Clifford Morrill; Gail Elizabeth Adams to Gail Susan 
Desrosiers; Pauline Rita Anderson to Pauline Rita Bouchea; 
Charlotte Theresa Maloney to Charlotte Theresa Crisp; 
Joseph Roland William Guertin to Joseph Roland William 
Young; Robert Arthur Guynn to Robert Arthur Stewart; 
Donald James Miles to Donald Miles Clough ; Janet Ann Belair 
to Janet Ann McQuade; William Henry Andrews to Carl Bul- 
lard; Donald J. Francis, Jr. to Donald J. Cross; Robert Theo- 
dore Glannon to Robert Theodore Flodin; Henry Charles 
Ricard to Henrj^ Charles Heath; Phyllis Gray to Mary Jane 
Dunbar; Irene Elizabeth Chase to Irene Elizabeth Fellows; 
Lilja Raakel Kuusisto to Lilja Raakel Raitaneil; Kathryn 
Presby to Colleen Theresa Kendrigan ; Sandra Lee Burpee to 
Diane Claire Grigas; Clarence Leo Ricard to Clarence Theo- 
dore Jameson, Jr. ; Paula Arline Case to Paula Arline Mudge ; 
Mary Ann Tagalakis to Mary Ann Connor; Baby Judkins to 
Lauralee Willard; Christine May Fulton to Christine May 
Ryan ; Sidney Rosen to Sidney Diamond ; Robert Burns, Jr. to 
Robert Dennis Bergeron; Marie Frances Griffin to Marie 
Frances McNeil; Infant Roy to Sylvia Marie Eva Couture; 
Thomas Clark to Richard Henry Baribeau; Patricia Ann 
Sheridan to Patricia Ann Tellier. 

Cheshire County — Susie M. Bates to Maud Eva Bates; 
Myrtle E. Matson to Myrtle E. Hammond ; Gerald M. Jones to 
William Lyle Cummings Jones ; Richard W. Rice to Richard 
Warren Denico; Allan Roy Chambers to Alan Roy Chambers; 
Jean P. Lonie to Jean Pearson Tolman; James Miles to 
James H. Bealieu; Stephen P. Heil to Bernard James Heil; 
Jacob Hakola to Jacob Hackler ; William M. Hakola to William 
M. Hackler; Demetrius C. Stamos to James Charles Stamos; 
Phyllis K. Thayer to Phylhs Ruth Doran; Robert D. Brock 
(Murdock) to Robert Domenico Contri ; Ida Pauline Sherry to 
Dolly Beverly Stalbird; Newell J. Pair to Newell J. Paire; 
Male Wirein to Walter Harold Dodge ; Baby Bergstrom to Lee 
Richard Hazeltine; Laura M. Doody to Dorothy May Doody; 
Earl W. Pregent to Donald William Pregent; Dorothy Kosto- 
poulos to Dorothy Kostas ; Irene Kostopoulos to Irene Kostas ; 



480 Chapter 241 [1945 

George Kostopoulos to George Kostas ; Pauline Kostopoulos to 
Pauline Kostas; Mary Elizabeth Walker Hobson to Ruth 
Walker Hobson; Agnes Krystofowiez to Agnes Kristof ; War- 
ren A. Willard to Warren A. Robinson ; Joseph A. Berthiaume 
to Joseph A. Barcomb; Peter Doyle to ElHott Case Beveridge; 
Lucy S. Parry to Lucy Shaw Mitchell; David M. Parry to 
David MacLean Mitchell; Donald C. Sharkey to Donald C. 
Stearns; Bette Ann Grouse to Bette Ann Class; Harlan E. 
Grouse to Harlan Eugene Glass ; Stuart Lane Butler to Stuart 
Lane Currier; Roselyn F. Petitt to Roselyn F. Carpenter; 
Robert W. Knowles to Robert W. Pickering; Carolyn M. 
Warner to Carolyn M. Page; Marjorie M. Nelson to Marjorie 
M. Brown; William David Edward Sherrad to Wm. David 
Edward Thompson; Maurice Simkovetz to Maurice Quint; 
John Murray to John Murphy; Caroline Ann Murray to Caro- 
line Ann Murphy; Richard B. Fullam to Richard Thomas 
Beauregard; Richard Thomas Beauregard to Thomas Bradley 
Beauregard; Janice A. Woodward to Janice Arlene St. Ger- 
main ; William G. D. Prairio to William Joseph Prairio ; Isabelle 
A. Doyle to Isabelle Ann Royce; Philip M. Doyle to Philip 
Melvin Royce; Charles H. Tuomi to Charles Henry Tielinen; 
Walter E. Ellis to Walter Edwin Mackey; June Dubai to June 
Diana Simonds ; Otto Johnson to Arvo Matti Johnson ; Freddie 
Maki to Fred Matthew Mackey; William P. Croteau to 
William Paul Springer; Lawrence .... to Lawrence John 
Enright; Ernest W. Preston to Ernest William Rhoades; 
Charles J. Gobeil to Charles John Taylor; Ivan L. Foley to 
William Foley Coughlin ; Charlotte R. Stone to Charlotte Ruth 
Cox; Francis F. Derosier, Jr. to Francis William Davis; 
Norman Bruce Derosier to Norman Bruce Davis; Frank E. 
Grostein to Frank Elmer Parkhurst; Lorriane E. Gauthier to 
Lorraine E. Gauthier; Richard Louis Eno to Richard John 
Eno; Raymond E. Ladd (not changed); Mary P. Woods to 
Mary Elaine Payeski ; Barbara J. Cook to Barbara Jean Bray- 
man; Shirley Anne Cook to Shirley Anne Brayman; Arthur 
J. Roy to Leonard Onesine Roy; Ronald D. Boyle to Donald 
Donovan Higgins ; David N. Cullinane to David Niles Garland ; 
Ellen C. Atkins to Helen Christo Atkins; Julian Hurd Ellis to 
Earle Julian Ellis; Arthur Alfred Muhlenbein to Arthur 
Alfred Deters; Jeanne Barbara Vaillant to Jeanne Barbara 
Richter; Goldie MacPregent Amlaw to Lillian Mary Pregent 
Amlaw ; Ronald Paul Fish to Ronald Paul Fish ; Richard Allen 



1945] Chapter 241 481 

Primeau to Bruce Lee Guillow; Bradford Allan Howard to 
Bradford Allan Hulslander; Alvin Gene Garfield to Alvin Gene 
Watson; James Stacey Robertson to James Gordon Yendell; 
Mary Ann Robertson to Mary Ann Yendell ; Cedemis Duvall to 
Sidney Duval; Emedio Joseph Dedomenico to Meo Joseph 
Dedo; Peter Bassett to Kenneth Wayne Marshall; Loretter 
Felix Howard to Loretter Feliz Whiting ; James Francis Delisle 
to Francis James Delisle; Deborah Dean to Deborah Dean 
Bartlett ; Angelino Di Bernardo to Angelo David Di Bernardo ; 
Howard W. Sears to Howard William Hubbard; Kristoq Miti 
to Kriste Dimitri; Faith Agnes Lescord to Faith Agnes Ball; 
Alan P. Keough to Patrick Alan Shulenberger ; Catherine Ann 
Kiniry to Catherine Ann Spinelli. 

Sullivan County — Ronald Francis Jordan to Ronald 
Francis Palmer; Reva Avis Godfrey to Reva Avis Beland; 
Jessie E. Hall to Jerrie Elenore Hall; Joan L. Gray to Joan 
L. Cabral; Ehzabeth Monahan to Elizabeth Rebecca Glynn; 
Donna Marie Baxter to Joanna Marie Brown; Robert Joseph 
Maloney to Robert J. LeClair; Alice Allene Black to Ileene 
Alice Black; Clinton Irving Guy Johnson to Irwin CHnton 
Philbrook; Doris A. Johnson to Doris A. Philbrook; Gary 
James Johnson to Gary James Philbrook; Eugene Neil Frazee 
to Eugene Neil Gagnon; Sylvia Mae Knight to Sylvia Mae 
Karins; Shirley Marie Knight to Shirley Marie Karins; Rey- 
nold Salmela to Reynold Salmela Styles; Serviss to 

Virginia Josselyn Young; Edward Nelson Blanchard to Ed- 
ward Nelson Clow; Uno Jalmar or Elmer Mackey to David 
Elmer Mackey; Walter M. Avery to Cleveland Farewell; 
Beverly Ann Bellinger to Beverly Ann LaRouche ; Helen Edith 
Clough to Thursa Mae Clough ; Robert Ashton Price to Robert 
Joseph Desfosses; Erwin L. Nerenberg to Erwin L. Lane; 
Arlene Margaret Merton to Arlene Margaret Connolly; John 
Stephen Hilty to John Stephen Dustin; Sharone Lee Niles to 
Sharone Lee Rhoades; Branislawa Adamowitz to Felicia 
Evelyn Adams; Anna M. T. Lauste to Miriam Anne 
T. Laustee; Carolj-n Marie Koivisto to Carolyn Marie 
Murgatroy; Patricia Mae Doucette to Patricia Mae Blaine; 
Frederick Ernest Hewey to Frederick Ernest Blaine; David 
Albert Brown to David Albert Blaine ; Shirley Anne Cleveland 
to Shirley Anne Swan ; Duane George Baraw to Duane George 
Latvala; Robert Lee Slattery to Thomas Robert Brown, Jr.; 



482 Chapter 241 [1945 

Clayton George Paris to Clayton George Roy ; Robert William 
Small to Robert William Keneson; Mary Leonora Bergeron to 
Rita Leonora Bergeron; Ida Hannah Shulins to Ann Ida 
Hannah Shulins; Ellen Mary Breed to Mary Ellen Breed; 
Richard Henry Peacor to Richard Henry Howard ; Helen Wini- 
fred Joy to Helen Winifred Hawkins; Elizabeth Ann Sanborn 
to Elizabeth Ann Austin; Verna Mae Demars to Verna Mae 
Roy; Paul L. Hutchins to Perl Llewellyn Hutchins. 

Grafton County — Helen Mary Austin to Charlotte Susan 
Parker; Kenneth Edward Allard to Kenneth Edward LaMott; 
Clifford Arland Bruce to Clifford Albert Smith; Donald Alan 
Burlock to Brian Charles Smith; Ronald Bruce Burlock to 
Bruce Everett Smith; David Allen Bresnahan to Terrence 
Neil St. Germain; Shaben Louis Corey to Paul Louis Corey; 
Linda M. Corey to Linda May Ingalls; Flora Isabel Ford 
Clevenson to Rebekah Florah Ford Clevenson; Barbara Jean 
Crowley to Barbara Jean Wallace; Diane Lea Ducharme to 
Marcia Mary Somes; Marion B. Hall to Marion Lucille Blod- 
gett; Wendell John Holt to Robert Wendell Holt Hadley; 
Marion Lepa to Frank Lep&; Thomas F. McMahon to Thomas 
Francis Belisle ; Clifford Moulton to Clifford Roger Champney ; 
James Edward Michaud to James E, Harnish, Jr.; Martha C. 
Merrick to Martha C. Paselt; Richard Wayne Provencher to 
Richard Wayne Day; Peter Honary Paquette to Peter Andrew 
Day ; Christine Raczka to Elizabeth Mary Blais ; Carole Leona 
Savage to Carole Leona Fournier; James Dominous Sheridan 
to Thomas Erwin Ball; Doris Marie Stebbins to Doris Marie 
Ball; Paul Reaves Stanford to Paul St. Francis, Jr.; Barbara 
Eileen Thurston to Barbara Eileen Macy ; Robert Evan Wright 
alias Robert Tortorelli to Peter West Cooney; Dennis Le Roy 
Willey to Willard Howard Beckley; Cimone Mina White to 
Lillian Marion White ; Baby Brown to John Harrison Hall, Jr. ; 
Beverly Ann Boynton to Beverly Ann Gilpatric ; Curtis Carson 
to Curtis Carson Rock; Irwin George Conery to George 
Douglas Taylor; Marilyn Norma Conery to Marilyn Taylor; 
Arthur Conner to Arthur Ranald Bailey ; Sara Esther Conner 
to Sara Esther Bailey; Sandra Jane Conner to Sandra Jane 
Bailey; Baby Carey to Peter Edwards Carr; Althea M. Cheney 
to Althea E. Moulton; Calvin Lee Colburn to Calvin Lee 
Raymond; Judith Lee Finan to Judy Hughes; Janice Mae 
Goodwin to Janice Mae Cass; Robert Frank Harrison to 



1945] Chapter 241 483 

Robert Frank Revoir; Ruth M. Harrison to Ruth M. 
Revoir; Patricia Ireleen Hartwell to Patricia Eileen Bedell; 
Mary Rose Jette to Mary Rose Swain; Paul Joseph to 
Russell John Gwynn; Clifford Junior Martyn to Clifford 
Harry Martyn; Sheila Lee Madore to Sheila Lee 
Fields; Marvel Katherine Palmer to Marvel Katherine Guyer; 
Marjorie Janet Parent to Marjorie Janet Aldrich; David A. 
Palmer to David A. Mallard; Mary Phyllis White to Mary 
Phyllis Goodwin; Carol Ann Weeks to Carol Ann Pierson. 

Coos County — Alice Ledger Theriault to Alice May 
Ledger; Normand Caron to Normand Nadeau; Francis 
Murphy to Francis James Brill; Neil Edberg to Neil Boucher; 
Margaret Mary Ryan to Margaret Mary Sheridan; Pasquale 
V. Ferrari to Edward Victorio Ferrari; Richard Leonard 
Sargent to Richard Leonard Merrick; Lorette Adrienne 
Dumais Audet to Lorette Adrienne Dumais; Linda Ann Blake 
to Linda Ann Savage; David Wolfgang Bernheimer to David 
Wolfgang Bernay; Priscilla Beatrice Elvira Spencer to 
Priscilla Beatrice Whittum; Alice Young LaDuke to Alice 
Young; Richard Arnold Flower to Richard Arnold Streeter; 
Charles Antony Malasky to Charles Antony Malas; Hilda 
Simonds Hayes Malasky to Hilda Simonds Hayes Malas; 
Marian Clarkson Weinberg to Marion Lamere Clarkson; 
Joseph Bouchard to Ned Pelletier; Ruby M. Samson to Luba 
M. Samson; Earl John Shaw to John Earl Shaw. 

Changed by Adoption — Wallace Daniel Reed to Wallace 
Daniel Maker; Barry McKee to Barry McKee Stauffer; Lois 
Annette Wormell to Lois Annette Johnson; Judith Day to 
Marie Joan Suzanne Martel; Wallace E. Nicholson to Harold 
Chester Bowker ; Nancy Lou Long to Nancy Lou Cole ; Natalie 
Iris Drown to Natalie Iris Harriman; Rosalie Marie Drown to 
Rosalie Marie Harriman ; David Arnols Covio to David Arnold 
Vallee; Alice Arlene Robinson to Beverly Mildred Boudle; 
Arlene Stanford (known as Beatrice Caroline Blodgett) to 
Arlene Nadeau; Robert Sproul to Marshall Alvern Thurlow; 
Emile Ernest Morel to Emile Ernest Pelchat; Lucienne Ger- 
maine Morel to Susan Germaine Poisson; Maureen Jennie 
White to Maureen White Kier; Leonard Landon Blake to 
Lenord Erwin Egan; Nancy Elizabeth Boutin to Nancy Eliza- 
beth Daley ; Phillip Aaron Swift to Philip Aaron Young ; Rita 



484 Chapter 241 [1945' 

Doris Francoeur to Rita Doris Watson; Theresa Thomas Le- 
Brun to Theresa Dubeau Lebrun ; Mary Lee Richards to Mary 
Lee Nichols; Wilfred Roger Joseph Veilleux to Wilfred Roger 
Joseph Couture; Robert Wilson Shute to Robert Wilson Dow; 
Albert Langlois to Colindale Peter Brigham. 



From January, 1943, to January, 1945, the registers of pro- 
bate returned to the secretary of state the following changes 
of names made by the superior court in divorce proceedings : 

Rockingham County — Irene 0. Galinsky to Irene Oden; 
Verna May Webster to Verna May Packard; Alice Sabins to 
Alice Staples; Kathryn Howard Fairchild to Kathryn Eliza- 
beth Howard; Dora Alberta Shapleigh to Dora Alberta 
Graham; Dorothea Mae Bilbao to Dorothea Mae Johnson; 
Virginia M. White to Virginia M. Turney; Becca Halprin to 
Becca Miller; EHnor B. Moulton to Elinor Clarissa Bachelder; 
Geraldine R. Ratta to Geraldine EHzabeth Reitze Heywood; 
Florence B. Callahan to Florence E. Bennett; Sophie Antone- 
los to Sophie Pappas; Louise Entwistle to Louise Etheridge; 
Madeline E. Gordon to Madeline Edith Smith; Dorothy T. 
Hall to Dorothy Belle Todd; Jessie S. Hemm to Jessie Stacy; 
Ruth Atwell Hodgdon to Ruth Atwell Goodell; Doris Keen to 
Doris Philbrick ; Sadie L. King to Sadie L. Pickering ; Barbara 
E. Pierce to Barbara E. Trefethen; Janet E. Plante to Janet 
E. Tatham; June Beals to Edith June Odiorne; Eileen May 
Garant Perron to Eileen May Garant ; Clara E. Pollard to Clara 
E. Mee; Cora Mary Rosa to Cora Mary Rainville; Helen R. 
Rinalducci to Helen Raedell Hankins; Ellen Barati to Ellen 
Tzrinska; Beulah A. Gilbert to Beulah Rumrill; Frances Cox 
Grover to Frances Cox ; Rita M. Hamm to Rita Margarita 
Moreau; Ruth deR. Moulton to Ruth E. deRochemont; Ann 
Doreen Pennewaert to Ann Doreen Francis; Clarabelle E. 
Reschke to Clarabelle E. Wooldridge; Cecil Moeckel to Cecil 
Dussault; Laura M. Patterson to Laura Mardorcheo; Mary 
Elizabeth Batchelder to Mary Elizabeth Hutchings ; Elizabeth 
D. Bushey to EHzabeth Thompson; Marjorie V. Flynn to 
Marjorie V. Grover; Louise J. Harnowski to Louise Josephine 
Hurley ; La Vena Mae Mathews to La Vena Mae Mock ; Mavis 
R. Miller to Mavis R. Williamson; Madelyn E. Paige to 
Madelyn E. Knowles; Constance Pappalardo to Constance 



1945] Chapter 241 485 

Zangari; Marjorie H. Ross to Marjorie H. Clark; Lorenda M. 
Small to Lorenda Mae Dow. 

Strafford County — Marie Anna Poulin to Marie Anna 
Roy; Marie C. R. Boulanger to Cora Roy; Corine M. Joyal 
to Corinne Marie O'Donnell; Elizabeth F. Garland to Elizabeth 
Francena Caverly; Edith Marion Ashland to Marion Edith 
Trainor; Ahce J. Alford to Alice Varney Jones; Margaret L. 
Flint to Margaret L. Bell; Helen Pray Dunlap to Helen Pray; 
Georgia E. Agnew to Georgia Ellen Dame; Bessie Louise La- 
Fleur to Bessie Louise Smith; Emma Irene Thompson to 
Emma Irene Gray; Lucy A. Bureau Vachon to Lucy A. 
Bureau; Katherine E. Krisiak to Katherine E. Coyne; Evelyn 
H. Labonte to Evelyn H. Corliss; Marie Blanche Ida Mitchell 
to Marie Blanche Ida Routhier; Elizabeth A. Peavey to Eliza- 
beth Spear Aldrich. 

Belknap County — Vernila Louise DeMar to Vernila Louise 
Merchant; Elizabeth E. Daigneau to Ehzabeth E. Greene; 
Marion P. Baker to Marion Phelps; Valena Nadeau to Valena 
Babineau; Marie M. Trudeau to Marie Martha Lepitre; 
Charlotte Adelaide Jefferson to Charlotte Adelaide Wittpenn; 
Clara B. Howser to Clara Bunnell Gulley; Orelhe E. Marston 
to Orellie E. McWilliams; Claire G. McClary to Claire 
Gallagher ; Lillian Edith Lessard to Lillian Edith Hebert ; June 
I. Moran to June I. Merrill ; Philomene B. Burres to Philomene 
B. Wilson ; Doris J. Phillips to Doris J. Gate ; Evelyn B. Fortier 
to Evelyn B. Harvey. 

Carroll County — Ruth Bickford Londa to Ruth Bickford; 
Barbara L. Flanders to Barbara Louise Goodrich; Violet G. 
Irish to Violet Esther Graham; Geraldine P. Nickerson to 
Gladys Geraldine Pascoe. 

Merrimack County — Glendel N. Thurston to Glendel 
Carole Nichols; Georgia A. Naughton to Georgia Allen; 
Eunice M. McKenzie to Eunice M. Ballard; Carol B. Patch to 
Carol B. Smith; Rose M. Pearl to Rose Place; Mary E. ElKs 
to Mary E. Bartlett; Sylvia I. Boomhower to Sylvia I. Russell; 
Virginia St. Armand to Virginia R. Merchant; Naomi B. 
Hermanson to Naomi B. Wentworth ; Rose Anna Senneville to 
Rose Anna Plante; Ruth Martin Cherry to Ruth Fairbanks 



486 Chapter 241 [1945 

Martin; Harriett Louise Sutton to Harriet Louise Clark; 
Jeanette T. LeBlanc Morgan to Jeannette T. LeBlanc; Arlene 
M. Shattuck to Arlene M. Webber; Esther Simpson to 
Esther S. Carter; Susan B. Bartlett to Susan Victoria Colby; 
Audrey Taylor Hill to Audrey Taylor. 

Hillsborough County — Emilienne A. Bailey to Emilienne 
Alice Normand; Veronica Smith to Veronica Mathews; 
Mildred Welch to Mildred Upham; Mary Eickman to Mary 
Smith; Helen D. Mailhot to Helen Duncan; Leah V. Basham 
to Leah V. Davis; Katina Douklia Pialtos to Katina Douklia; 
Fernande V. Johnson to Fernande Gertrude Veilleux; 
Katherine E. O'Reilly to Katherine E. Cox; Thelma Golfinos 
to Thelma Zerbinos; Margaret E. Heron to Margaret E. Celen; 
Salome Vieira to Salome DeFreitas; Anna Crosby otherwise 
known as Anna Olson to Anna Rajotte; Evelyn Regan to 
Evelyn Babcock; Helen Corey to Helen Putnam; Caroline J. 
Stoklosa to Caroline J. McGuire; Edith Strandberg to Edith 
Hale; Gladys F. Fagnant to Gladys Rose; Phyllis Shirley to 
Phyllis Elaine Whidden ; Lorraine Pelissier to Lorraine Corinne 
Laplante ; Eva Pelletier to Eva Blais ; Marie A. Demers to 
Marie A. Glaude; Gertrude M. Freeman to Gertrude M. Sul- 
livan ; Phyllis R. Lowell to Phyllis R. Rabadeau ; Marie Alma 
Senechal Moreau to Marie Alma Senechal ; Olive Cassarino to 
Olive Irene Banks; Virginia K. Mallek to Virginia Krupa; 
Helena A. Whitney to Helena Alice Parkhurst ; Peggy Harisia- 
daes to Peggy Vallas ; Mary Phyllis Rahmanop to Mary Phyllis 
Brown ; Yvonne Neudeck Gelb to Yvonne Neudeck ; Phyllis M. 
Pollock to Phyllis M. Steere; Leona White to Leona Segal; 
Helen L. LaPointe to Helen L. Hirschman ; Sylvia Charron to 
Sylvia Cohen; Anna M. Spence to Anna M. Tamulonis; 
Barbara M. Beattie to Barbara M. Werden ; Juliette Boivin to 
Juhette Provost; Yvonne Poehlman to Yvonne Patnaude; 
Marion Haase to Marion Harrison; Gladys May White to 
Gladys May Whitney; Ruth D. Lapierre to Ruth Genevieva 
Dionne ; Mary Laure St. Pierre to Mary Laure Despres ; Helen 
A. Titus to Helen A. Walsh; Patricia Collette to Patricia 
Young; Emma LaPlante to Emma Prassler; Irene E. Turnei* 
to Irene E. Paradis ; Matilda Pearle Tumblin to Matilda Pearle 
Selig; Alice Filteau to Alice Deslaurier; Rose Barlow to Rose 
Duquette; Jennie W. Wyman to Jennie W. Witham; Crete P. 
Johnson to Crete P. Hansen. 



1945] Chapter 241 487 

Cheshire County — Helen M. Ingalls to Helen Marguerite 
Bartlett ; Louise C. Jarvis to Louise C. Rudolf ; Palma Lecuyer 
to Palma Pellerin; Florence E. Butterfield to Florence E. Ted- 
ford; Toini Irene Taylor to Toini Irene Jurva; Lillian E. 
Girouard to Lillian Everline Campbell; Miina Raatikainen to 
Miina Oja; Alta M. Forcier to Alta Muriel Beaudoin; Erma D. 
Dixon to Erma Mae Durant; Myrtle H. Toomey to Myrtle J. 
Hazleton ; Laura E. Cardinal to Laura Emma Fortier ; Rosanna 
D. Boyea to Rosanna Dinagan; Jennie Wilhelmina Steman to 
Jennie Wilhelmina Heinonen ; Linda Ryan to Linda Ascani. 

Sullivan County — Esther H. Coots to Esther Haswell; 
Mary Wuorela (also known as Mary Kanerva) to Mary 
Kanerva; Ruth E. Hastings to Ruth E, Niles; Margarette E. 
White to Margarette E, Parker; Hazel M. Dubreuil to Hazel 
M. Taylor; Dorothy M. Jondro to Dorothy M. Wilkins; Lois 
M. Foisy to Lois M. Tashro; Eunice M. Clements to Eunice 
M. Cairns; Katherine M. Carey to Katherine M. Burbee. 

Grafton County — Grace P. C. Stetson to Grace Greenia; 
Virginia Enid Murphy to Virginia Enid Conrad; Natalie Inez 
Bonfilio to Natalie Inez Howard; Delma Evelyn Jordon to 
Delma Evelyn Dunkerton; Stella J. Thompson to Stella M. 
Jackson; Rosamond Elizabeth Brown to Rosamond Elizabeth 
Hazeltine; Martha Adams LeVoy to Martha Adams; Bessie 
A. Thornton to Bessie A. Eastman; Thelma H. Williamson to 
Thelma H. Fisher; Rena G. Cilley to Rena G. GoodeTl; 
Marjorie Daniels Place to Marjorie Daniels; Edith Sippell Mc- 
Farland to Edith Sippell ; Louise A. Bacon to Louise Anna But- 
man; Shirley Plorrocks to Shirley Ayer Pearson; Velma A. 
Hill to Velma A. Corey; Hazel Adams Matevier to Hazel 
Emma Adams; Mabel M. Elmora to Mabel M. Hathorne; 
Eleanor R. Simpson to Eleanor Roelse; Virginia E. Beamis to 
Virginia E. Hartwell; Alta C. Bardill to Alta Croft Perry; 
Claire D. Silverstein to Claire Dunleavy ; Dorothy M. Gray to 
Dorothy May Jordan. 

Coos County — Beatrice J. Thibodeau to Beatrice Therrien ; 
Jeannette Lawrence Myers to Jeannette Lawrence; Lucille 
May Merritt to Lucille May Thibeault; Elizabeth T. Crawford 
to Elizabeth Caroline Tilton; Veneda Wheeler Buzzell to 
Veneda Eunice Wheeler ; Eunice C. Taylor to Eunice Chappell ; 
Katie B. Herson to Katie B. Ball; Ellen Mildred Hopps to 
Ellen Mildred Portigue. 



PRIVATE ACTS 



CHAPTER 242. 



AN ACT PROVIDING PENSIONS FOR SCHOOL TEACHERS OF THE 
TOWN OF NEW CASTLE. 

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

1. Authority to Pension. The selectmen of the town of 
New Castle 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 of the public schools of said town who has performed 
faithful service as such teacher for a period of at least thirty 
years and may grant a pension to such retired teacher for a 
period not exceeding one year at a time. 

2. Adoption of Provisions. The provisions of the fore- 
going section shall be effective only if adopted by the town 
of New Castle by major vote of the legal voters thereof at any 
regular annual meeting in the warrant for which due notice 
is given of the intention to act upon the matter. If such pro- 
visions shall be adopted the town shall determine the amount 
of such yearly pension and make appropriation therefor. The 
action relative to such pension may be rescinded in the same 
manner as the same was adopted. 

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

[Approved February 6, 1945.] 



CHAPTER 243. 



AN ACT TO CHANGE THE NAME OF FRATERNAL HELPING SOCIETY, 

IN THE NAME OF THE PRINCE WITOLD OF LITHUNIA, UNDER 

THE PROTECTION OF THE MOTHER OF GOD OF SZYDLOV, 

AND RELATIVE TO THE POWERS OF SAID 

CORPORATION. 

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

1. Change of Name. Amend section 1 of chapter 225 of 
the Laws of 1907 by striking out the words, "Fraternal 



1945] Chapter 244 489 

Helping Society, in the Name of The Prince Witold of 
Lithunia, under the Protection of the Mother of God of Szyd- 
lov" and inserting in place thereof the following words, 
Vytauto Lithuanian Benefit Society, so that said section as 
amended shall read as follows: Section 1. That Sigmund 
Kondratas, Walter Yourkew, Vincenz Klimajtys, Frank 
Walinski and Pitor Twarjan and their associates and succes- 
sors are hereby made a body politic and corporate by the name 
of Vytauto Lithuanian Benefit Society, said corporation to be 
located in Manchester, in the county of Hillsborough, where 
all its meetings shall be held; and by that name it may sue 
and be sued, prosecute and defend, and is hereby vested with 
all the powers and liabilities incident to corporations of a 
similar nature. 

2. Power to Hold Property Increased. Amend section 3 of 
said chapter 225 by striking out the word "five" in the second 
line and inserting in place thereof the word, twenty-five, so 
that said section as amended shall read as follows: Sect. 3. 
Said corporation may take and hold, by purchase, gift or be- 
quest, real and personal estate to an amount not exceeding 
twenty-five thousand dollars, and may dispose of the same 
at pleasure. 

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

[Approved February 7, 1945.] 



CHAPTER 244. 

AN ACT RELATIVE TO THE PENSION SYSTEM FOR TEACHERS IN 
THE CITY OF MANCHESTER. 

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

1. Manchester Teachers' Pension System. Amend sec- 
tion 1 of chapter 277 of the Laws of 1921 by striking out the 
words, "who has performed faithful service as a teacher in 
said Manchester for a period of at least thirty consecutive 
years," and inserting in place thereof the words, has served 
anywhere as a public school teacher for a period of thirty 
years, of which twenty years shall have been in said Man- 
chester, so that said section as amended shall read as follows: 



490 Chapter 245 [1945 

Section 1. The board of mayor and aldermen of the city of 
Manchester 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 of the public schools who has served anywhere as a 
public school teacher for a period of thirty years, of which 
twenty years shall have been in said Manchester, and may 
grant a pension to such retired teacher for a period not ex- 
ceeding one year at a time. 

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

[Approved February 23, 1945.] 



CHAPTER 245. 



AN ACT AUTHORIZING THE CHESTER SCHOOL DISTRICT IN THE 

TOWN OF CHESTER TO BORROW MONEY AND TO ISSUE 

SERIAL NOTES OR BONDS. 

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

1. Authority to Borrow Money. The Chester school dis- 
trict in the town of Chester is hereby authorized to borrow on 
its credit a sum not exceeding sixty thousand dollars for the 
purpose of erecting and equipping a schoolhouse in said dis- 
trict. 

2. Bonds or Notes Authorized. The school board of said 
district is hereby authorized and empowered to issue for and 
in behalf of said district serial notes or bonds to the amount 
of sixty thousand dollars for the purpose of erecting and equip- 
ping a schoolhouse in said district. 

3. Debt Limit. The debt authorized by this act shall be 
exempt from the limitation imposed upon the borrowing 
capacity of said district by section 7 of chapter 72 of the 
Revised Laws. 

4. Application of Laws. Except as otherwise provided in 
this act the provisions of the municipal bonds statute shall 
apply to the notes or bonds herein authorized. 

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

[Approved February 27, 1945.] 



1945] Chapters 246, 247, 248 491 

CHAPTER 246. 

AN ACT TO DISSOLVE THE NASHUA AND LOWELL RAILROAD 

CORPORATION. 

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

1. Nashua and Lowell Railroad Corporation. The Nashua 
and Lowell Railroad Corporation, a corporation created under 
the provisions of chapter 37 of the Laws of 1835 and by 
chapter 21 of the Laws of 1838, is hereby dissolved. 

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

[Approved February 28, 1945.] 



CHAPTER 247. 

AN ACT TO DISSOLVE THE CONCORD AND PORTSMOUTH RAILROAD. 

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

1. Concord and Portsmouth Railroad. The Concord and 
Portsmouth Railroad, a corporation created under the pro- 
visions of chapter 1777 of the Laws of 1855 as amended by 
chapter 1906 of the Laws of 1856, chapter 2284 of the Laws 
of 1859, chapter 2540 of the Laws of 1861, chapter 97 of the 
Laws of 1867, chapter 168 of the Laws of 1881 and chap- 
ter 247 of the Laws of 1893, is hereby dissolved. 

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

[Approved February 28, 1945.] 



CHAPTER 248. 

AN ACT TO DISSOLVE THE WILTON RAILROAD COMPANY. 

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

1. Wilton Railroad Company. The Wilton Railroad Com- 
pany, a corporation created under the provisions of chap- 



492 Chapters 249, 250 [1945 

ter 194 of the Laws of 1844 as amended by chapter 195 of the 
Laws of 1844, is hereby dissolved. 

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

[Approved February 28, 1945.] 



CHAPTER 249. 

AN ACT TO DISSOLVE THE PETERBOROUGH RAILROAD. 

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

1. Peterborough Railroad. The Peterborough Railroad, a 
corporation created under the provisions of chapter 4314 of 
the Laws of 1866 as amended by chapter 76 of the Laws of 
1869, is hereby dissolved. 

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

[Approved February 28, 1945.] 



CHAPTER 250. 



AN ACT RELATIVE TO THE GORDON-NASH LIBRARY IN NEW 

HAMPTON. 

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

1. Gordon-Nash Library. Section 2 of chapter 193 of the 
Laws of 1887, as amended by chapter 175 of the Laws of 1895, 
chapter 339 of the Laws of 1913, chapter 198 of the Laws of 
1923, and chapter 293 of the Laws of 1933, limiting the 
amount of property which may be held by the Gordon-Nash 
Library in New Hampton, is hereby repealed. 

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

[Approved February 28, 1945.] 



1945] Chapters 251, 252 493 

CHAPTER 251. 

AN ACT RELATIVE TO MANCHESTER PRIMARY ELECTION. 

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

1. Change in Dates. Amend section 4 of chapter 284 of 
the Laws of 1943 by striking out the word "fourteen" and in- 
serting in place thereof the word, twenty-one, and by striking 
out the word "seven" and inserting in place thereof the word, 
fourteen, so that said section as amended shall read as follows : 
4. Declarations of Candidacy. The name of a candidate 
shall not be printed upon an official primary ballot unless not 
more than twenty-one nor less than fourteen 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. 

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

[Approved March 6, 1945.] 



CHAPTER 252. 

AN ACT RELATIVE TO THE CITY OF MANCHESTER. 

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

1. Centennial Celebration. The city councils of the city of 
Manchester are hereby authorized to appropriate a sum not 
exceeding five thousand dollars ($5,000) for defraying the ex- 
penses of the centennial celebration of said city to be held 
June 30 to July 4, 1946. 

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

[Approved March 6, 1945.] 



494 Chapters 253, 254 [1945 

CHAPTER 253. 

AN ACT AUTHORIZING THE HARRISVILLE SCHOOL DISTRICT IN 

THE TOWN OF HARRISVILLE TO BORROW MONEY AND TO 

ISSUE SERIAL NOTES OR BONDS. 

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

1. Authority to Borrow Money. The Harrisville school 
district in the town of Harrisville is hereby authorized to 
borrow on its credit a sum not exceeding thirty-five thousand 
dollars for the purpose of erecting and equipping a central 
schoolhouse for the town of Harrisville. 

2. Bonds or Notes Authorized. The school board of said 
district is hereby authorized to issue for and in behalf of said 
district serial notes or bonds to the amount of thirty-five 
thousand dollars for the purpose of erecting and equipping 
a schoolhouse in said district. 

3. Debt Limit. The debt authorized by this act to the ex- 
tent of twenty thousand dollars shall be exempt from the 
limitation imposed upon the borrowing capacity of said dis- 
trict by section 7 of chapter 72 of the Revised Laws. 

4. Application of Laws. Except as otherwise provided in 
this act the provisions of the municipal bonds statute shall 
apply to the notes or bonds herein authorized. 

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

[Approved March 6, 1945.] 



CHAPTER 254. 



AN ACT RELATIVE TO THE CLAREMONT SAVINGS BANK OF 
CLAREMONT, NEW HAMPSHIRE. 

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

1. Claremont Savings Bank. Amend section 2 of chap- 
ter 178 of the Laws of 1907 by striking out in lines three, four 
and five of said section the words "not exceeding the sum of 
$5,000 from any one person, corporation or association except 
when made for the purpose of creating a sinking fund," so 
that said section when amended shall read as follows: Sect. 2. 



1945] Chapter 255 495 

Said corporation may receive from any person or persons, 
corporations or associations disposed to enjoy the advantages 
of said savings bank any deposit or deposits of money subject 
to the by-laws of said savings bank ; and may manage, use and 
improve the same for the benefit of the depositors in such 
maruer as shall be -convenient or necessary for the security 
and profitable investment thereof under the restrictions of the 
laws regulating the investment and management of such 
funds; and all deposits, together with the net income and 
profits, may be withdrawn at such reasonable times, in such 
manner and proportions, and subject to such equitable rules 
and regulations as said corporation may from time to time by 
its by-laws prescribe, not incompatible with the laws of the 
state. 

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

[Approved March 6, 1945.] 



CHAPTER 255. 



AN ACT RELATIVE TO THE CHARTER OF THE NEW HAMPSHIRE 

SAVINGS BANK. 

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

1. New Hampshire Savings Bank. Amend section 5 of 
chapter 8 of the Laws of 1830 entitled "An Act to incorporate 
a provident institution for savings in the town of Concord to 
be called the New Hampshire Savings Bank in Concord," 
approved June 25, 1830, by striking out the word "fifty" where 
it occurs therein and inserting in place thereof the word, sixty- 
five, so that said section as amended shall read as follows: 
Sec. 5. And be it further enacted. That the number of mem- 
bers of said corporation shall not exceed sixty-five at any one 
time; and any number not less than seven shall constitute a 
quorum for the transaction of business at the annual and 
other meetings of the members of said corporation; provided 
that such meetings shall have been duly notified, in con- 
formity to the by-laws of said corporation; and provided 
further that said corporation may by their by-laws require the 
attendance of one or more of their ofiicers by them designated 



496 Chapter 256 [1945 

to constitute a quorum for the election of new members in 
addition to the number of members herein before prescribed. 

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

[Approved March 6, 1945.] 



CHAPTER 256. 



AN ACT TO ALLOW THE CITY OF NASHUA TO ESTABLISH A CAPITAL 
RESERVE FUND FOR CERTAIN PURPOSES. 

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

1. Special Capital Reserve Fund. The city of Nashua is 
hereby authorized to establish a capital reserve fund for the 
construction of an annex to the public library of said city, by 
setting aside each year any rents received on property 
now owned by the city at the corner of Clinton and Lowell 
Streets, less the cost of repairs or improvements that have to 
be made to said property. 

2. Investment. The money in 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 depart- 
ment of a national bank or trust company in this state, or in 
bonds, notes, or other obligations of the United States govern- 
ment, or in bonds or notes of this state or any of its political 
subdivisions, 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 money so invested shall 
accrue to and become a part of the fund. Deposits in banks 
shall be made in the name of the city and it shall appear upon 
the book thereof that the same is a capital reserve fund. 

3. Trustee of Fund. The city treasurer of said city of 
Nashua shall have custody of said capital reserve fund. 

4. Limitation on Disbursement. The said fund shall be ex- 
pended only for the construction of said annex. 

5. Authority to Accept Gifts. The city of Nashua or the 
trustees of the Nashua Public Library are authorized to re- 
ceive gifts or legacies from time to time and add the same to 
the capital reserve fund hereby established. 



1945] Chapters 257, 258 497 

6. 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 accordance with the 
provisions hereof. 

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

[Approved March 15, 1945.] 



CHAPTER 257. 



AN ACT RELATIVE TO FILING AS CANDIDATE FOR SCHOOL 
COMMITTEE OF MANCHESTER. 

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

1. Manchester School Committee. Amend section 3 of 
chapter 337 of the Laws of 1913 by striking out the word 
"thirty" in the third line and inserting in place thereof the 
word, thirty-six, so that said section as amended shall read as 
follows: Sect. 3. Any person desiring to become a candidate 
for member of the school committee shall file his name with 
the city clerk of the city of Manchester within the first fifteen 
of the thirty-six days preceding said election, stating his or 
her name and address, and shall deposit with said city clerk 
the sum of three dollars as a registration fee. 

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

[Approved March 15, 1945.] 



CHAPTER 258. 



AN ACT IN RELATION TO THE POLICE FORCE OF THE CITY OF 

KEENE. 

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

1. Police Force of the City of Keene. Amend section 4 of 
chapter 153 of the Laws of 1905, as amended by chapter 323, 
Laws of 1925, by striking out said section and inserting in 
place thereof the following: Sect. 4. The police force of said 



498 Chapters 259, 260 [1945 

city shall consist of a chief of police and not exceeding fifteen 
regular police officers, who shall devote such time as shall be 
required by the commissioners to the performance of the 
duties of their office, and who shall not be engaged in any 
other business or occupation except as constables and special 
police officers whenever and in such numbers as they may 
deem best. All police officers shall be appointed by the police 
commissioners who may designate not exceeding three of the 
regular police officers as sergeants, and said commissioners 
shall have the right to remove any member of the police force 
when in their judgment the public good requires it. All police 
officers appointed as aforesaid shall have and exercise, when 
on duty, all the powers possessed by police officers and con- 
stables, except as to the seryice of civil process ; and the chief 
and such of the regular officers as the commissioners may 
designate shall be constables for all purposes. 

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

[Approved March 16, 1945.] 



CHAPTER 259. 

AN ACT LEGALIZING THE DEMOCRATIC CAUCUS HELD IN THE CITY 
OF BERLIN, FEBRUARY, 1945. 

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

1. Proceedings Legalized. All votes and proceedings of 
the caucus held by the Democratic party in the city of Berlin, 
February 16, 1945, relative to the city election, 1945, are here- 
by legalized, ratified and confirmed! 

2. Takes Effect. This act shall take eft'ect upon its 
passage. 

[Approved March 16, 1945.] 



CHAPTER 260. 



AN ACT TO RELIEVE MEMBERS OF THE POLICE FORCE OF THE CITY 
OF NASHUA FROM POLICE DUTY AT CERTAIN TIMES. 

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

1. City of Nashua Police Force. The members of the 
regular and reserve police force of the city of Nashua shall be 



1945] Chapter 261 499 

relieved of police duties, without loss of pay, once in each six 
days, for a period of not less than twenty-four consecutive 
hours, except for the time required to answer at roll-call im- 
mediately 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 commission- 
ers of the city or under authority by their chief of police or 
other superior officer or officers. A member so relieved 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 commis- 
sioners, or of the superintendent or other superior officer 
authorized thereto by the commissioners, require at any time 
that a member of the force should be deprived 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. Repeal. Chapter 340 of the Laws of 1917 relative to 
days of rest for police officers of the city of Nashua is hereby 
repealed. 

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

[Approved March 16, 1945.] 



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. Voting by Proxy. Amend section 6 of chapter 303 of 
the Laws of 1909 by striking out the words "there shall be no 
voting" appearing in the eighth line and inserting in place 
thereof the words, he may vote, so that said section as 
amended shall read as follows : Sect. 6. The annual meeting 
of the shareholders shall be held at such time and place as the 
by-laws specify. Spec