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

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LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1947 

LEGISLATURE CONVENED JANUARY 1, 
ADJOURNED JULY 1 




CONCORD, N. H. 
1947 



KF/^ 



Printed by 

Granite State Press, Inc. 

Manchester, N. H. 

Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor- Charles M. Dale 

fCarl E. Morin 
^ ., 1 Paul W. Hobbs 

Councilors ^J Paul j. Gingras 

1 Franklin Flanders 
I Donald G. Matson 

Adjutant General Charles F. Bowen 

Aerial Tramway Commission, N. H. 

Managing Director Roland E. Peabody 

Aeronautics Commission, N. H. 

I^i^ector W. Russell Hilliard 

Agriculture, Commissioner of 



Athletic Commission, State 



I Ruel N. Colby 

L Theodore J. Rouillard 



Howard W. Northridge 



Attorney General Ernest R. D'Amours 

Asst. Attorney General Gordon M. Tiffany 

Bank Commissioner Clyde M. Davis 

Deputy Leon 0. Gerry 

r George W. Boynton 

Cancer Commission J Joseph W. Epply 

) Ralph E. Miller 
L George C. Wilkins 
f Charles F. Cook 

Classification Plan Board J ^'}^^^^ ^' Crowell 

j Marjorie M. Greene 
LEric Ober 

Comptroller Stephen B. Story 

Asst. Comptroller Clark R. Hartford 

Education, Commissioner of Edgar Fuller 

Deputy Commissioner Walter M. May 

Director of Trade Schools John E. Grastorf 

Employees' Retirement System, State 

Secretary Robert Jewell 

Fish and Game Department, DirectorRal^h G. Carpenter, 2d 



iv State Officers 

Forestry and Recreation Department 

State Forester John Foster 

Director of Rec7xation Russell B. Tobey 

fArmand J. Houle 
Hairdressers, Board of Registration^ Stella M. Lines 

LBeatrice M. Limeau 
Health Department, State 

State Health Officer John S. Wheeler, M.D. 

Deputy State Health Officer . . . Mary M. Atchison, M.D. 
Registrar of Vital Statistics Marian G. Maloon 

Highivay Commissioner Frederic E. Everett 

Asst. Commissioner J. Harold Johnson 

Insurance Commissioner Donald Knowlton 

Deputy Commissioner Simon M. Sheldon 

Labor Commissioner William H. Riley 

Unemployment CompensattG.i 

Division, Administrator William C. Chamberlin 

Employment Service, State Director Ahby L. Wilder 

^ Amos N. Blandin, Jr. 
j Ottis E. Mercer 

^h7-ary Commission, State <| Elwin L. Page 

I Addie E. Towne 

L Dorothy M. Vaughan 

State Librarian Mildred Peterson McKay 

Assistant Librarian Catharine Pratt 

r William A. Jackson 
Ldquo)- Commission, State J Edmond J. Marcoux 

[Ray E. Tarbox 

r Edward E. Baker 

Milk Control Board ■<^ Allen M. Freeman 

tRoscoe J. Oakes 

Motor Vehicle Commissioner Virgil D. White 

Deputy Comissioner Charles H. Magown 

Director of Safety Malcolm L. Wilkins 

Road Toll Administrator Frederick N. Clarke 

Planning and Development Commis- 
sion, State 

Publicity Director Andrew M. Heath 

Executive Director Edward Ellingwood 

Industrml Director Merrill J. Teulon 

Police, State, Superintendent Ralph W. Caswell 



State Officers 

fAmos N. Blandin, Jr. 

Probation, Board of J Burt R. Cooper 

tLiila J. A. Morris 
Director Richard T. Smith 

f Edgar H. Hunter 
Public Service Commission -<^ Claude H. Swain 

L Edward R. Thornton 
Public Welfare 

Commissioner of Elmer V. Andrews 

Purchasing Agent Harold Cheney 

( Merrill A. Calkins 
Racing Commission, State J Emmet J, Kelley 

L Byron E. Redman 

Secretary of State Enoch D. Fuller 

Deputy Harry E. Jackson 

State Buildings and Grounds 

Superinte7ident Wayne B. Elwell 

[ Lawton B. Chandler 

Tax Commission, State < George H. Duncan 

LJohn R. Spring 
Tobacco Tax Division 

Director Scott S. Mclntire 

Teachers' Retirement Board J ^o^e^'f ^- ^^^^^^ 

I Daniel W. MacLean 

Treasurer, State F. Gordon Kimball 

Deputy , Ann N. Durepo 

f John D, Cantin 

Veterans' Council ^ Raymond H. Chase 

LJohn H. Sanders 
Director •. Harold R. Trombley 

Water Resources Board 
Acting Chairman Walter G. White 

Weights and Measures, Commis- 
sioner of John J. Henson 



vi State Officers 

SUPREME COURT 

Chief Justice Oliver W. Branch 



Associate Justices 



[^ Amos N, Blandin, Jr. 
j Laurence I. Duncan 
"\ Francis W. Johnston 
Frank R. Kenison 



SUPERIOR COURT 

Chief Justice John R. Goodnow 

("William A. Grimes 
j Edward J. Lampron 

Associate Justices i John H. Leahy 

I Harold E. Wescott 
I Stephen M. Wheeler 

State Reporter George 0. Shovan 



THE LEGISLATURE OF 1947 



SENATE 



President — Charles H. Barnard, Manchester, r. 
Clerk — Benjamin F. Greer, Grasmere, r. 
Assistant Clerk — Frank M. Ayer, Alton, r. 
Sergeant-at-Arms — John S. Ball, Hopkinton, r. 
Messenger — Donald W. Moore, Alstead, r. 
Assistant Messenger — Earl Pollard, Windham, r. 
Doorkeeper — Frank D. Gay, Hillsboro, r. 
Telephone Messenger — Jesse F. Young, Concord, r. 



SENATORS 
Emmet J. Kelley, Berlin, d. Aldege A. Noel, Nashua, d. and r. 

Curtis C. Cummings, Colebrook. r. and d. Asa H. Morgan, Bow, r. 
Frederick E. Green, Littleton, r. , Arthur E. Bean, Concord, r. 

James Welch, Tamworth, r. and d. 
Earl S. Hewitt, Enfield, r. 
Charles F. Stafford, Laconia. r. and d. 
Paul B. Gay, New London, r. 
Jesse R. Rowell, Newport, r. 
John P. H. Chandler, Jr., Warner, r. [ J. Guy Smart, Durham, r. 

Russell F. Batchelor, Keene, r. Augustus F. Butman, Derry, r. 

Jason C. Sawyer, Jaffrey, r. and d. Doris M. Spollett, Hampstead, r. and d. 



Charles H. Barnard, Manchester, r. 
Robert J. Gamache, Manchester, r. 
Thomas B. O'Malley, Manchester, d. 
Charles E. Daniel, Manchester, d. 
Edmond J. Marcoux, Strafford, d. 



James W. Colburn, Nashua, r. and d. , Rae S. Laraba, Portsmouth, r. 



HOUSE OF REPRESENTATIVES 

Speaker — J. Walker Wiggin, Manchester, r. 

Clerk — Cyril J. Fretwell Concord, r. 

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

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

Chaplain — Ernest A. Shepherd, Concord, r. 

Custodian of Mail and Supplies — George L. Hurd, Concord, r. 

Doorkeeper — Lenne C. Twombly, Hill, r. 

Doorkeeper — Sherman L. Greer, Manchester, r 

Doorkeeper — Joseph J. Comi, Concord, r. 

Doorkeeper — Edith B. Gardner, Plainfield, r. 



Vlll 



The Legislature of 1947 



ROCKINGHAM COUNTY 



Atkinson, Thomas C. Duffey, r. 
Auburn, George E. Spofford, d. 
Brentwood, Margery W. Graves, r. and d. 
Candia, Karl J. Persson, r. and d. 
Chester, Robert C. Hazelton, r. 
Danville, Mahlon B. Darbe, r. 
Deerfield, Carl M. Fogg, d. 
Derry, Harry E. Clark, r. 

Harold W. Corson, r. 
William B. Gushing, r. 
Albert B. Roberts, r. 
East Kingston, George B. Freeman, r. 
Epping, D. Watson Ladd, d. and r. 
Exeter, Alvah C. Drake, r. 

Clinton W. Elwell, r. 

James C. Rathbone, r. 

Maude B. Richards, r. 
Greenland, Thornton N. Weeks, Sr., r. 
Hampstead, Thorndyke Putnam, r. and d 
Hampton, Dean B. Merrill, r. 

Ernest R. Underwood, r. 
Hampton Falls, Forrest B. Creighton, r. 
Kensington, Charles R. Eastman, d. 
Kingston, Warren S. Keay, r. 
Londonderry, Draper W. Parmenter, r. 
New Castle, 

James W. Pridham*, d. and r. 

Thomas F. McCaffery, r. 



Neivfields, Joseph J. Finn, r. 
Newington, John F. Hoyt, d. and r. 
New7narket, Arthur A. Labranche, d. 

F. -Albert Sewall, d. 
Newton, William K. Davis, r. 
North Hampton, George G. Carter, r. 
Northwood, Robert A. Johnson, r. 
Nottingham, Arthur W. McDaniel, r. 
Plaistow, Arthur T. Colcord, r. 
Portsmo7ith, 

Ward 1, Andrew J. Barrett, d. 
John R. Mclntire, r. 
Wesley K. Webster, r. 
Ward 2, Harry H. Foote, r. 

Remick H. Laighton, r. 
John H. Yeaton, r. 
Ward 3, Guy E. Corey, r. 

John J. Leary, d. and r. 
Ward J,, Edward J. Hopley, r. 
Ward 5, John Burkhardt, r. 
Raymond, Thomas F. Bluitte, r. 
Rye, Ernest A. Tucker, r. 
Salem, Walter F. Haigh, r. 
Leonard B. Peever, r. 



STRAFFORD COUNTY 



Barrington, Cassie C. Haley, r. and d. 
Dover, 

Ward 1, Willis H. Getchell, r. 

Walter R. Mauricette, r. 
Ward 2, Henry E. Blanchette, d. 
Therese C. Carrier, d. 
William N. Shaheen, d. 
Ward 3, Levi F. Felker, r. 

Frederick C. Smalley, r. 
Ward If, Edwin L. Corson, r. 

Charles F. Hartnett, r. 
John F. Mallen, d. 
Ward 5, Edward L. Cassily, d. 
Durham, Oren V. Henderson, r. and d 
Farniington, Ned L. Parker, r. 

Frank E. Webster, r. 
Lee, Frank I. Caldwell, d. and r. 
Middleton, Mary E. McCullough, d. 
Milton, John E. Home, r. 

* Died. 



Neiv Durham, William Smith, r. 
Rochester, 

Ward 1, Ernest L. Rolfe, r. and d. 

Ward 2, Miles H. Dustin, r. 

Ronald McGregor's r. 

Ward 3, Rudolph G. Cartier, d. 

Ward J/, Alphonse Lacasse, d. 
George J. Potvin, d. 

Ward 5, Herbert D. Corson, r. 

Ward 6, Llewellyn F. Fernald, r. 
Charles F. Leach, r. 
Rollinsford, Edgar R. Austin, r. 
Somersworth, 

Ward 1, Placide J. Lagueux, d. 

Ward 2, Napoleon A. Habel, d. 

Ward 3, Fred J. Lauzon, d. 

Ward J,, Albert J. Nadeau, d. and r. 

Ward 5, James F. Malley, d. 
Strafford, Ellsworth H. Berry, r. and d. 



The Legislature of 1947 



IX 



BELKNAP 
Alton, Oliver R. Shattuck, r. 
Barnstead, Joseph H. Cotton, r. and d. 
Belmont, Clarence H. Dearborn, r. 
Gilford, Arthur P. Gerry, r. and d. 
Grihnanton, Richard F. Varney, r. 
haconia, 

Ward 1, George W. Tarlson, r. and d. 
Ward 2, Alfred L. Guay*, d. 

Fortunat A. Normandin, 

d. and r. 
Ward 3, Elmer S. Titlon, r. and d. 



COUNTY 

Ward iJf, Robert V. Johnson, r. 

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

Ross L. Piper, r. 
Ward 6, John M. Ewing, r. 

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

Horace U. Ransome, r. 
New Hampton, Archibald H. Matthews, r. 
Tilton, Michael F. Bruno, r. 



CARROLL 
Albany, Harold G. Sackett, r. and d. 
Bartlett, Fred H. Washburn, r. and d. 
Brookfield, Howard P. Sawyer, r. 
Chatham, Dana A. Weeks, r. 
Conway, Elmer H. Downs, r. 

William H. Farrington, r. 

Leslie C. Hill, r. and d. 
Eaton, John H. Fuller, r. and d 
Madison, Guy W. Nickerson, r. and d. 



COUNTY 

Moultonborough, Edith D. Banfield, r. 
Ossipee, Harry P. Smart, r. 
Sandwich, Perley C. Knox, r. 
Tamworth, Earle H. Remick, r. and d. 
Tuftonboro, Carl D. Hayes, r. 
Wakefield, Ansel N. Sanborn, r. 
Wolfeboro, Harold H. Hart, r. 

John D. McHugh, r. and d. 



MERRIMACK COUNTY 



Allenstown, Alphonse Couture, d. 
Andover, Charles H. Putney, r. 
Boscawen, Jesse C. Braley, r. 
Bow, Carrol W. Flanders, r. and d. 
Concord, 

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

James P. Ferrin, d. and r. 
Ward 2, Clarence I. Tebbetts, r. 
Ward 3, William J. Flynn, r. 
Ward 'Jf, Charles H. Cheney, r. and d. 
Sara E. Otis, r. and d. 
Leon C. Stewartson, r. 
Wa?icf 5, James Antonf, r. 

George H. Nash, r. 
Ward 6, George H. Corbett, r. 

Donald W. Saltmarsh, r. 

John C. Titon, r. 

Richard C. Venne, r. and d. 



Ward 7, Shirley Brunei, r. 

Marjorie M. Greene, r. and d. 
Paul B. Maxham, r. 
Richard F. Upton, r. 
Ward 8, Harold W. Ford, r. 
Ward 9, Emmett A. Nawn, r. and d. 
Lucie Weston, r. 
Dumbarton, David M. Hadley, r. 
Epsom, Laura Y. Bickford, r. 
Franklin, 

Ward 1, George W. Chase, r. 
Ward 2, Eusebe P. Lemire, d. 
Rudolph Pelletier, d. 
Ward 3, Louis H. Douphinett, d. 
Parker E. Sawyer, d. 
Henniker, Lester E. Connor, r. 
Hill, John H. Twombly, r. 
Hooksett, Rene H. Dufort, r. 

Fred N. Mitchell, r. 



* Diea. 
t Resigned. 



The Legislature of 1947 



Merrimack County — Continued 
Hopkinton, Stewart C. Astles, r. 
Loudon, Forrest B. Kenney, r. 
Newbury, Albert W. Cheney, r. and d. 
New London, Stanley A. Spiller, r. and 
Northfield, Vincent P. Leary, r. 



Pembroke, Edgar G. Bellerose, d. 

George R. Lea, d. 
Pittsfield, George E. Freese, Jr., r. 

Edmond J. Stapleton, r. 
Warner, Fred A. Savory, r. 
Wilmot, Leon E. Sawyer, r. 



HILLSBOROUGH COUNTY 



Arnherst, Charles A. Tracy, r. 
Antrmi, William H. Hurlin, r. 
Bedford, Ralph M. Wiggin, r. 
Goffstown, R. Robert Matheson, r. 
Austin H. Reed, r. 
Nathan A. Tirrell, r. and d. 
Greenville, Charles E. Sawyer, d. 
Hilllsborough, 

George W. Boynton, r. and d. 
Merrick S. Crosby, r. and d. 
Hollis, Edward Lievens, r. and d. 
Hiidson, Harry J. Connell, d. 

Ned Spaulding, r. and d. 
Lyndeborough, Austin Holt, d. and r. 
Manchester, 

Ward 1, Harry W. Bergholtz, r. 
Joel S. Daniels, Sr., r. 
J. Walker Wiggin, r. 
Ward 2, Joseph H. Geisel, r. 

Charles V. Kimball, r. 
John Pillsbury, r. 
Ray S. Sawyer, r. 
Ward 3, Walter B. Connor, d. 
Michael J. Dwyer, d. 
Louis I. Martel, d.' 
Lawrence C. Thornton, d. 
Ward 4, Florence J. Danforth, r. 
Joseph N. Goulet, r. 
Emile J. Soucy, r. 
Ward 5, Patrick J. Creighton, d. 
Alexander Kazakis, d. 
Martin L. Mahoney, d. 
John C. O'Brien, d. 
Philip R. Riley, d. 
John F. Shea, d. 
Ward 6, Albert T. Boisclair, d. 
Dennis F. Casey, d. 
Edward J. Cavanaugh, d. 



Edward D. Clancy, d. 

Thomas H. Philbin, Jr., d. 

Michael J. Thornton, d. 
Ward 7, C. Edward Bourassa, d. 

Joseph C. Gaumont, d. 

Mark J. Gorham, d. 

James J. Hogan, Jr., d. 

Charles J. Leclerc, d. 
Ward 8, George N. Constant, d. 

Eugene H. Delisle, Sr., d. 

John J. Kane, d. 

Emile Simard, d. 
Ward 9, Patrick J. Egan, d. 

Henry J. Gagnon, d. 
Ward 10, George S. Auger, d. 

Oscar E. Getz, d. 

Charles A. Newell, r. 
Ward 11, William H. Clear, d. 

Joseph J. Roukey, d. 

Frank Leo Sullivan, d. 
Ward 12, George A. Hebert, d. 

George E. LaFlamme, d. 

Raoul J. Lalumiere, d. 

Leon J. Vaillancourt, d. 
Ward 13, Rolland L. Chapdelaine, d. 

Lorenzo P. Gauthier, d. 

Eugene J. Gelinas, d. and r. 

Arthur E. Thibodeau, 

d. and r. 
Ward 1'4, Michael J. Cannon, d. 

Michael S. Donnelly, d. 

Michael P. Wedick, d. 
Mason, Charles L. Barnes, r. 
Merrimack, Edward W. Carter, r. and d. 
Milford, William M. Falconer, r. 
George F. Jewett, r. 
Fred T. Wadleigh, r. 



The Legislature of 1947 



nuisborough County — Continued 
Nashuaj, 

Ward 1, Blaylock Atherton, r. 

Mabel Thompson Cooper, 

r. and d. 

Alice L. Ramsdell, r. 
Ward 2, George F. Boire, d. 

Clara M. Record, r. 
Ward 3, Wilfred J. Belanger, d. 

Agenor Belcourt, d. 
Ward 'Jf, Cornelius M. Brosnahan. d. 

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

Emile E. Marquis, d. 

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

Albert D. Richard, d. 

Peter Sweeney, d. 



Ward 7, Alfred Betters, d. 

William J. Lavoie, d. 
Earl A. Ledoux, d. 
Ward 8, Rodolphe Cormier, d. 

Alfred P. Grandmaison, d. 
Leonard G. Velishka, d. 
John D. Wilcox, d. 
Ward 9, Pierre F. Cote, d. 

Arthur A. Pelletier, d. 
New Boston, Albert E. Shedd, r. and d. 
New Ipswich, Willmore D. Ashley, r. 
Pelham, Ernest Q. Bigelow, r. and d. 
Peterborough, Perkins Bass, r. 

William H. Caldwell, r. 
Sharon, William L. Young, r. 
Temple, Orlo J. Fiske, r. and d. 
Weare, Frank H. Peaslee, r. 
Wilton, David J. Barry, d. and r. 



CHESHIRE 
Fitzwilliam, Pauline H. Miller, r. and d. 
Gilsum, Carlos D. Wilson, d. 
Harrisville, Lawrance W. Rathbun, r. 
Hinsdale, Abbie H. Robertson, r. and d. 
Jaffrey, James B. Perry, r. 
Carl C. Spofford, r. 
Keene, 

Ward 1, Ben O. Aldrich, r. 

Clifford E. Emery, r. 
E. James Winslow, r. 
Ward 2, Fred P. Amadon, Jr., r. 

Dayton L. Parks, r. 
Ward 3, Frank J. Bennett, r. 

James M. Erwin, r. 
Ward 'Jf, Howard E. Page, Jr., r. 
Robert A. Smith, r. 



COUNTY 

Ward 5, Lewis S. Parker, r. 

Laurence M. Pickett, d. and r. 
Marlborough Benjamin G. Hall, r. 
Roxbury, Bessie H. Baker, r. 
Stoddard, William F. Lane, r. and d. 
Sullivan, Gardner C. Turner, r. and d. 
Surry, Robert M. Grain, r. 
Swanzey, Ralph A. Blake, r. and d. 

Mark H. Carlton, d. and r. 
Troy, Warren C. Brown, r. 
Walpole, Harold T. Killeen, r. and d. 
Harold O. Pierce, r. and d. 
Westmoreland, Oscar W. Billings, 

r. and d. 
Winchester, Frederick H. Ingham, 

r. and d. 
Luman R. Nelson, r. 



SULLIVAN COUNTY 



Acworih, Alfred G. Violet, r. and d. 
Charlestown, Frank W. Hamlin, r. and d. 
Claremont, George W. Angus, r. 

Alexis Beaudry, r. 

Clara P. Brooks, r. 

Francis J. Cahalan, d. 

Sydney B. Converse, r. 

Calvin Oakes, r. 

David S. Ramsay, r. 



Omer M. Russell, r. 
James T. Townsend, r. 
Cornish, John M. Tewksbury, r. and d. 
Newport, Cleon L. Johnson, Jr., r. 
Vaughan H. Kenerson, r. 
Edwin H. Perry, r. 
Remington B. Woodhull, r. 
Plain field, Lena A. Read, r. and d. 
Sunapee, Tony O. Russell, r. and d. 



Xll 



The Legislature of 1947 



GRAFTON 
Ashland, William A. Brown, d. 
Bath, Amos N. Blandin, Sr., d. 
Benton, John Boutin, r. 
Bethlehem, Charles H. Whittier, r. 
Bridgewater, Edward G. Melius, r. 
Bristol, Glenn L. Wheeler, r. 
Campton, Philip S. Willey, r. 
Canaan, Frank B. Clarke, r. and d. 
Dorchester, Herbert H. Ashley, r. 
Easton, Lyle E. Brown, r. 
Enfield, Emmett Stewart, r. 
Grafton, Fred R. Young, r. and d. 
Groton, Thomas Newton, r. and d. 
Hanover, Robert J. Fuller, r. 

Charles A. Holden, r. 

Howard N. Kingsford, r. 
Haverhill, Theodore Chamberlin, r. 

William J. Clough, r. and d. 
Norman A. McMeekin, r. and d 
Hebron, Norman W. Sanborn, r. 
Holderness, Norman P. Smith, r. and d. 
Lebanon, Arthur F. Adams, r. 

Jerold M. Ashley, r. 



COUNTY 

George H. Edson, r. 

Frank F. Hough, r. 

Fred A. Jones, r. 

Harold G. Randall, r. 
Lincoln, William J. Canton, r. and d. 
Lisbon, James E. Collins, r. 

Arthur L. Hamilton, r. 
Littleton, Charles F. Armstrong, r. 

Mabel M. Downing, r. and d. 

Fred Kelley, r. 
Lyme, Henry S. Pushee, r. 
Monroe, George L. Frazer, Sr., r. and d. 
Or ford, Arthur J. Lewis, r. 
Piermont, Ernest D. Day, r. and d. 
Plyynouth, William Maynard, r. and d. 

Ernest L. Silver, r. 
Rumney, Jesse A. Barney, r. and d. 
Thornton, Ida M. Horner, r. and d. 
Warren, Fayne E. Anderson, r. and d. 
Wentworth, Charles A. Gilbert, d. and r 
Woodstock, Harry D. Sawyer, d. and r. 



COOS 
Berlin, 

Ward 1, Edward F. Hinchey, d. 
Elisabeth H. Mason, d. 
Henry M. Moffett, d. 
; George R. Paine, d. 
Ward 2, Georgianna L. Trottier*, r. 
Fred G. Hayes, Jr., d. 
Clara A. Lazure, d. 
Ward 3, Harry E. Bartlett, r. 

Hilda C. F. Brungot, r. and 
Marie A. Christiansen, r. 
Ward %, Arthur Aime Bouchard, 

d. and r. 
Jennie Fontaine, d. and r. 
Rebecca Gagnon, d. and r. 
Bernard J. Roy, d. 
Carroll, Oscar E. Rines, r. 
Clarksville, Bertha J. Fuller, r. 
Colebrook, Samuel I. Bailey, d. 
Walter E. Hicks, r. 



COUNTY 

Columbia, Charles A. Pinckney, r. and d. 
Errol, Celia G. Hurlbert, d. and r. 
Gorhani, Walter J. Malloy, d. and r. 

James A. Eraser, d. 
Jefferson, Raymond G. Kimball, r. and d. 
Lancaster, Arthur C. Cryan, r. 

Edward S. Munro, r. 
Milan, R. Wilbur Potter, r. 
Northumberland, Pierson R. Fogg, d. 

Nelson D. Rich, d. 
Pittsburg, Harvey H. Converse, r. and d. 
Randolph, Mabel L. Richardson, r. and d. 
Shelburne, Maud G. Rix, r. 
Stewartstown, Ray W. Placy, r. 
Stratford, Burritt H. Hinman, r. 
Wentworth's Location, 

Florence M. Gould, r. 
Whitefield, Ada C. Taylor, r. 



Died. 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1947 



CHAPTER 1. 



AN ACT RELATIVE TO COMPENSATION OF STENOGRAPHIC ASSIST- 
ANCE FOR THE LEGISLATURE. 

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

1. General Court. Amend chapter 9 of the Revised Laws 
by inserting after section 23 the following new section : 23-a. 
Stenographers. The compensation of the stenographers of 
the senate and house of representatives shall be as follows: 
For the chief stenographer $9 a day ; for other stenographers 
$6 a day for the first session of service and fifty cents a day 
additional for each succeedmg session of service until a maxi- 
mum of $8 a day; each for six days a week. 

2. Takes Effect. This act shall take effect as of January 
1, 1947. 

[Approved January 28, 1947.] 



CHAPTER 2.^ 



AN ACT RELATIVE TO SALARIES OF SHERIFF AND COUNTY 
SOLICITOR OF CARROLL COUNTY. 

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

1. Carroll County Solicitor. Amend section 20 of chapter 
24 of the Revised Laws, as amended by chapters 40 and 136 
of the Laws of 1943 by striking out the word "eight" in the 
sixth line and inserting in place thereof the word, twelve, so 



* See chapters 27, 202, 213, 242, 256, 263, 268, 291, post. 



2 Chapter 3 [1947 

that said section as amended shall read as follows: 20. Sala- 
ries. The annual salaries of the soHcitors in the several coun- 
ties shall be as follows : 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, twelve hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, twelve hundred and fifty dollars. 

In Hillsborough, twenty-five hundred dollars. 

In Cheshire, twelve hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, twelve hundred dollars. 

In Coos, fifteen hundred dollars. 

2. Sheriff. Amend section 27, chapter 380 of the Revised 
Laws, as amended by chapter 195, Laws of 1943, and chapter 
189, Laws of 1945, by striking out the word "eight" in the 
sixth line and inserting in place thereof the word, twelve, so 
that said section as amended shall read as follows: 27. Sala- 
nes. The annual salaries of the sheriffs of the several coun- 
ties shall be as follows: 

In Rockingham, fifteen hundred dollars. 
In Strafford, one thousand dollars. 
In Belknap, thirteen hundred dollars. 
In Carroll, twelve 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. 

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

[Approved February 11, 1947.] 



CHAPTER 3. 



AN ACT RELATING TO THE JURISDICTION OF THE SUPERIOR 
COURT OVER TAX SALES. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Superior Court. Amend section 5, chapter 371, Revised 
Laws, by striking out said section and inserting in place 



1947] Chapter 4 3 

thereof the following: 5. Tax Sales. When the validity of a 
tax sale is contested, on notice to all parties in interest, such 
orders shall be made and final judgment rendered as justice 
requires. In any case in which a tax sale is adjudged invalid, 
the court, as a condition precedent to the entry of a decree 
setting aside such sale, shall require the claimant of the prop- 
erty in question to pay to the purchaser a sum of money equal 
to the amount paid by such purchaser at the tax sale in ques- 
tion, including fees prescribed by law and the amounts paid 
by such purchaser to satisfy any taxes assessed against the 
property in question subsequent to such tax sale, with in- 
terest thereon at the legal rate from the date of such sale or 
date of payment of such subsequent taxes to the date of the 
decree. 

2. Validity. Amend section 39, chapter 80, Revised Laws, 
by inserting at the end thereof the following: The provisions 
of section 5, chapter 371, shall apply to all decrees adjudging 
tax sales invalid, so that said section as amended shall read 
as follows: 39. Contested Sale. When the validity of a tax 
sale is contested or the holder of a tax collector's deed desires 
to quiet his title to the property conveyed under such deed, 
the superior court, upon petition, notice to all parties in in- 
terest and hearing, shall make such orders and enter such 
judgment as justice requires. The provisions of section 5, 
chapter 371, shall apply to all decrees adjudging tax sales 
invalid. 

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

[Approved February 12, 1947.] 



CHAPTER 4. 



AN ACT RELATING TO CHANGING THE NAME OF COOK POND 
IN BROOKFIELD. 

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

1. Name Changed. The name of Cook Pond in the town 
of Brookfield, in the county of Carroll, is hereby changed to 
Kingswood Lake. 

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

[Approved February 18, 1947.] 



4 Chapters 5, 6 [1947 

CHAPTER 5. 

AN ACT RELATIVE TO THE PAYMENT OF MUNICIPAL BONDS 
AND NOTES. 

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

1. Municipal Borrowing. Amend section 3, chapter 72, 
Revised Laws, by striking- out the same and inserting in place 
thereof the following: 3. Payment of Debt. Municipalities 
and counties shall hereafter provide for the payment of all 
debts, except temporary loans in anticipation of taxes made 
as provided by law, in annual payments so that the amount of 
the annual payment of principal and interest in any year on 
account of any debt shall not be less than the amount of 
principal and interest payable in any subsequent year. The 
total amount of such payments shall be sufficient to extinguish 
the entire debt on account of which they are made at maturity. 
The first payment shall be made not later than two years and 
the last payment not later than twenty years after the date 
of the bonds or notes issued therefor, except that as to bonds 
or notes issued to finance the acquisition, construction, re- 
construction or enlargement of water works and systems, 
sewerage systems and sewage disposal works, and gas and 
electric light plants, such last payment shall be made not later 
than thirty years after the date of issuance of such bonds or 
notes. The amount of each payment of principal together 
with the interest on all debts shall, without vote of the mu- 
nicipality or county, be annually assessed and collected. 

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

[Approved February 26, 1947.] 



CHAPTER 6. 



AN ACT PROVIDING FOR REFUND FOR DESTROYED TOBACCO 
TAX STAMPS. 

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

1. Refund for Destroyed Tobacco Tax Stamps. Amend sec- 
tion 9, chapter 79, Revised Laws, by striking out the same and 
inserting in place thereof the following: 9. Resale and Re- 



1947] Chapter 7 5 

demption. No distributor or dealer shall sell or transfer any 
stamps issued under the provisions hereof. The tax commis- 
sion shall redeem any unused, uncancelled stamps presented 
by any licensed distributor or dealer, at a price equal to the 
amount paid therefor by such distributor or dealer. In case 
such stamps are destroyed before affixing, the tax commis- 
sion shall refund the purchase price upon presentation of evi- 
dence of such destruction satisfactory to the commission, but 
no refund shall be made for stamps destroyed after affixing. 
The state treasurer shall provide, out of money collected here- 
under, the funds necessary for redemption or refund. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 26, 1947.] 



CHAPTER 7. 

AN ACT RELATING TO CHALLENGERS. 

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

1. Right of Attorney General to Appoint Challengers. 

Amend chapter 41 of the Revised Laws by inserting after sec- 
tion 20 the following new section: 20-a. Challengers. The 
attorney general may appoint a person to act as challenger of 
voters at any polling place in the state at a primary or gen- 
eral election. A statement signed by the attorney general ap- 
pointing him shall be sufficient evidence of the authority of 
any such challenger. He shall be assigned by the moderator 
or other election officer presiding at the polling place to such 
position or positions within the polling place as will enable 
him to see and hear each voter as he offers to vote. Nothing 
herein contained shall deprive any other person of the right 
to challenge a voter as provided by law. 

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

[Approved February 26, 1947.] 



6 Chapters 8, 9 [1947 

CHAPTER 8.* 

AN ACT RELATIVE TO CAPITAL RESERVE FUNDS OF TOWNS, 
VILLAGE DISTRICTS, SCHOOL DISTRICTS AND COUNTIES. 

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

1. Reserve Funds. Amend section 13 of chapter 160 of the 
Laws of 1943, as amended by section 1, chapter 35, Laws of 
1945, by striking- out the words "provided, however, that no 
appropriations for such capital reserves shall be made, nor 
shall any town, district, water department or county trans- 
fer to any such reserve any of its surplus funds, after July 
1, 1947," and that said section as amended shall read as fol- 
lows: 13. Takes EjRfect. This act shall take effect upon its 
passage. 

..2. School Districts. Amend chapter 160 of the Laws of 
1943 by inserting after section 1 the following new section: 
1-a. Establishment of Reserves. Any school district shall be 
entitled to establish a capital reserve fund and shall be vested 
with all powers and privileges relative thereto as is provided 
for a village district. The school district may exercise all 
powers and privileges in the same manner and subject to the 
same procedure in the establishment of such reserves as is 
provided in this chapter for village districts. Provided, that 
whenever any capital reserve of a school district is established 
the same shall be held in custody by the trustees of trust 
funds of the town wherein the school district lies or, in case 
of school district embracing two or more towns, by the trus- 
tees of trust funds of that town which the voters of the school 
distnct may elect. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 26, 1947.] 



CHAPTER 9. 

AN ACT RELATIVE TO FEES FOR LICENSES FOR THE PRACTICE OF 

BARBERING AND APPLICATION OF THE LAW RELATIVE 

TO BARBERING. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Practice of Barbering. Amend section 18 of chapter 



See chapter 91, post. 



1947] Chapter 10 7 

158 of the Revised Laws by striking out the word "five" in 
the third line and inserting in place thereof the word, ten; 
by striking out the word "two" in the sixth line and inserting 
in place thereof the word, five; by striking out the words "one 
dollar" in the twelfth line and inserting in place thereof the 
words, two dollars; by striking out the word "three" in the 
fifteenth line and inserting in place thereof the word, ten; 
and by adding at the end of said section the words : The fee to 
be paid for a renewal of a certificate of registration or license 
to maintain a barber shop shall be three dollars, so that said 
section as amended shall read as follows : 18. Fees. The fees 
to be paid by an apphcant for an examination to determine 
his fitness to receive a certificate of registration to practice 
barbering shall be ten dollars and for the issuance of the 
certificate one dollar. 

The fee to be paid by an applicant for a certificate of regis- 
tration to practice as an apprentice shall be five dollars and 
for the issuance of the certificate one dollar. 

The fee to be paid for the renewal of a certificate of regis- 
tration to practice barbering shall be two dollars and for the 
restoration of an expired certificate three dollars. 

The fee to be paid for the renewal of a certificate of regis- 
tration to practice as an apprentice shall be two dollars and 
for the restoration of an expired certificate two dollars. 

The fee to be paid for a certificate of registration or license 
to maintain a barber shop shall be ten dollars. 

The fee to be paid for a renewal of a certificate of registra- 
tion or license to maintain a barber shop shall be three dollars. 

2. Application of Laws. Amend section 21 of said chap- 
ter 158 by striking out said section and inserting in place 
thereof the following: 21. Where in Force. The provisions 
of this chapter shall be in force in all cities and towns. 

3. Takes Effect. This act shall take effect June 30, 1947. 
[Approved February 26, 1947.] 



CHAPTER 10.* 

AN ACT PROVIDING FOR THE EXTENSION OF THE APPROPRIATION 

FOR THE RECONSTRUCTION OF THE HAMPTON HARBOR 

TOLL BRIDGE. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Hampton Harbor Toll Bridge. Amend section 2 of 



* See chapter ISO, post. 



8 Chapter 11 [1947 

chapter 23 of the Laws of 1943 by striking out said section 
and inserting- in place thereof the following: 2. Appropria- 
tion. The appropriation provided for by chapter 207 of the 
Laws of 1939 as amended by chapter 87 of the Laws of 1941, 
for the reconstruction of Hampton Harbor toll bridge, shall 
not lapse but shall be available for the purposes of said chap- 
ters until July 1, 1952. 

2. Takes Effect. This act shall take effect as of February 
21, 1947. 
[Approved February 27, 1947.] 



CHAPTER 11. 

AN ACT RELATING TO THE GROSS WEIGHT OF MOTOR VEHICLES. 

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

1. Gross Weight of Motor Vehicles. Amend section 37 of 
chapter 119 of the Revised Laws by striking out in the third 
line the words "and no combination of vehicle and trailer or 
semi-trailer" and inserting in place thereof the words, except 
as hereinafter provided; further amend by inserting in the 
fourth line after the word "pounds" the words, no vehicle hav- 
ing three axles with drive on the two rear axles (the axles of 
such vehicle shall be not less than forty-eight inches apart 
and all wheels shall be equipped with adequate brakes) whose 
gross weight is more than forty-seven thousand five hundred 
pounds, no combination of vehicle and trailer or semi-trailer 
whose gross weight is more than forty-seven thousand five 
hundred pounds, so that said section as amended shall read 
as follows: 37. Weight. No vehicle having two axles whose 
gross weight, including load, is more than thirty thousand 
pounds, no vehicle having three axles except as hereinafter 
provided whose gross weight is more than forty thousand 
pounds, no vehicle having three axles with drive on the two 
rear axles (the axles of such vehicle shall be not less than 
forty-eight inches apart and all wheels shall be equipped with 
adequate brakes) whose gross weight is more than forty- 
seven thousand five hundred pounds, no combination of vehicle 
and trailer or semi-trailer whose gross weight is more than 
forty-seven thousand five hundred pounds, no vehicle hav- 



1947] Chapter 12 9 

ing- a greater weight than eighteen thousand pounds on one 
axle, and no vehicle having a load of over eight hundred 
pounds per inch v^idth of tire concentrated on the surface 
of the highway, said width in the case of rubber tires to be 
measured between the flanges of the rim, shall be operated 
on the highways of this state; provided that this shall not 
prohibit the operation of road rollers used in the construc- 
tion or maintenance of highways. The state highway com- 
missioner and the motor vehicle commissioner shall jointlj' 
have the power to grant permits upon proper application in 
writing to move objects or a vehicle and load having a 
weight, width or length greater than as herein prescribed, 
upon such highways and at such seasons of the year as in 
their opinion will not be detrimental to the preservation of 
said highways and the public use thereof, provided that said 
commissioners may require a hearing before granting said 
permit and that said commissioners may withhold said per- 
mit until applicant has filed a bond to cover any possible 
damage to the highways or to the bridges over which the 
object to be moved may pass and to fulfill such rules and 
regulations as are prescribed by said commissioners. This 
section shall not be construed to limit the powers of the 
highway commissioner, selectmen of towns and city council 
of cities, to make rules and regulations for the protection 
and to prevent the abuse of highways and bridges as pro- 
vided by section 7 of chapter 107, section 13 of chapter 66, 
and section 15 of chapter 59. 

2. Takes Effect. This act shall take efi'ect upon its 
passage, 
[Approved March 4, 1947.] 



CHAPTER 12. 

AN ACT RELATING TO CERTIFICATES OF APPROVAL FOR THE 
SALE OF BEVERAGES. 

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

1. Certificates of Approval. Amend section 78 of chap- 
ter 170 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 78. Certifi- 
cates of Approval. The holder of a wholesale permit shall 



10 Chapter 12 [1947 

purchase beverages for resale only from other permittees 
within the state or from a manufacturer of such beverages 
vi^ithout the state or from an importer into the United 
States of such beverages as are manufactured without the 
United States for the purpose of transporting or causing 
the same to be transported into the state for resale, pro- 
vided said manufacturer or importer shall have first ob- 
tained from the commission a certificate of approval and 
has agreed to furnish to the commission, on or before the 
tenth day of each month, a report under oath, on a form 
prescribed showing the quantity of beverages sold or de- 
livered to each wholesale permittee during the preceding 
calendar month. A certificate may be revoked for failure 
to submit such a report. The commission may, in its dis- 
cretion, suspend or revoke the certificate of approval of such 
manufacturer or importer if such manufacturer or im- 
porter discontinues to sell beverages to holders of whole- 
sale permits because such holders sell beverages manufac- 
tured or imported by another manufacturer or importer. 
The commission may require each holder of a certificate of 
approval to furnish a bond in such form and such amount 
as the commission may prescribe to guarantee the payment 
to permittees in this state for the return of cooperage held 
by such permittees. The commission is hereby authorized 
to make rules and regulations for the collection and for- 
warding of such cooperage. 

2. Fees for Certificate of Approval. Amend section 79 
of said chapter 170 by striking out said section and insert- 
ing in place thereof the following: 79. Fee for Certificate. 
The fee for a certificate of approval of a manufacturer 
without the state shall be five hundred dollars per annum, 
and for an importer shall be five hundred dollars per an- 
num for each manufacturer of beverages sold or offered for 
sale by such importer to any wholesale permittee or per- 
mittees for resale within the state. The fee for a cer- 
tificate of approval shall accompany the application for such 
certificate. 

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

[Approved March 4, 1947.] 



1947] Chapter 13 11 

CHAPTER 13. 

AN ACT RELATIVE TO THE INVESTMENTS OF DOMESTIC LIFE 
INSURANCE COMPANIES. 

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

1. Domestic Life Insurance Companies. Amend para- 
graph II of section 15, chapter 328 of the Revised Laws by 
adding thereto the following: In determining whether any 
loan exceeds the above specified percentages 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 Readjustment Act of 1944 as amended from 
time to time, or (2) an obligation wholly guaranteed un- 
der such title, so that as amended said paragraph II shall 
read as follows: 

IL In loans secured by first mortgage on improved 
real estate subject to the following limitations: (a) Such 
loans shall not exceed fifty per cent of the value of the 
mortgaged property except in the case of loans on property 
in cities or towns where the mortgage provides for the 
amortization of the debt during the term of the loan or at 
a rate of not less than five per cent per annum after the 
first year, in which case loans shall not exceed sixty-six 
and two-thirds per cent of the value of the mortgaged 
property; (b) all insurable buildings considered a part of 
the value of the mortgaged real estate shall be insured for 
the benefit of the mortgagee; (c) any mortgages taken in 
connection with the sale of real estate by any such com- 
pany may be on terms as determined by the directors of 
the company or authorized committee thereof; (d) the 
value of mortgaged real estate may be determined by an 
appraisal made under oath of two freeholders resident in the 
county or city in which such real estate is located; (e) no 
such company shall invest in or loan upon the security of any 
one property more than two per cent of its total admitted 
assets. In determining whether any loan exceeds the above 
specified percentages of the value of the real estate, no con- 
sideration shall be given to (1) that portion of the obligation 
which is guaranteed by the Administrator of Veterans' Af- 
fairs under Title III of the Servicemen's Readjustment Act of 



12 Chapters 14, 15 [1947 

1944 as amended from time to time, or (2) an obligation 
wholly guaranteed under such title. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 4, 1947.] 



CHAPTER 14. 

AN ACT RELATIVE TO MUNICIPAL PERMITS FOR REGISTRATION. 

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

1. Motor Vehicle Municipal Permits. Amend section 22 
of chapter 116 of the Revised Laws as amended by section 1 
of chapter 197 of the Laws of 1945 by striking out after the 
word "office" in the seventh line the words "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 applicant for each per- 
mit issued, twenty-five cents, for his own use" and inserting 
in place thereof the words, Town clerks shall be paid on or- 
ders drawn on the town treasurer by the selectmen fifty cents 
for each permit issued, so that said section as amended shall 
read as follows: 22. Accounting. Each designated city offi- 
cial and town clerk shall keep an account of the money re- 
ceived by him for said permits and 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. 
Town clerks shall be paid on orders drawn on the town treas- 
urer by the selectmen fifty cents for each permit issued. 

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

[Approved March 4, 1947.] 



CHAPTER 15. 

AN ACT PERMITTING PHOTOGRAPHING OF MOTOR VEHICLE 
RECORDS AND DESTRUCTION OF THE ORIGINAL RECORDS. 

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

1. Motor Vehicle Department. Amend chapter 115 of the 



1947] Chapter 15 13 

Revised Laws by inserting after section 8 the following new 
sections: 8-a. Records, Reproduction on Films. The com- 
missioner may cause any or all records, papers or documents 
kept by him, including those mentioned in section 8, to be 
photographed, microphotographed or reproduced on film. Such 
photographic film shall be of durable material and the device 
used to reproduce such records on such film shall be one which 
accurately reproduces the original thereof in all details. 8-b. 
Film to be Deemed Original Record. Such photographs, mi- 
crophotographs or photographic film shall be deemed to be an 
original record for all purposes, including introduction in evi- 
dence in all courts or administrative agencies. A copy thereof, 
duly attested and certified by the commissioner shall, for all 
purposes, be deemed to be a copy of the origmal. 8-c. De- 
struction of Original Records. Whenever such photographs, 
microphotographs or reproductions on film shall be placed in 
conveniently accessible files and provisions made for pre- 
serving, examining and using the same the commissioner shall 
have the power to authorize the destruction of the original 
records, papers or documents. 

2. Application. Amend section 8 of chapter 115 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 8. Disposal of Papers. The 
commissioner may destroy, at the end of six years from the 
time of filing, originals or copies, including photographs, mi- 
crophotographs or photographic film of reports required by 
law of accidents, applications for licenses to operate motor 
vehicles and for the registration thereof, and permits and 
examination papers, or the answers given by the applicants 
for licenses. He may destroy any obsolete number plates and 
forms which, in his opinion, are no longer of any value to the 
state. The time limit provided herein shall not apply in the 
case of the destruction of original records, papers or docu- 
ments as provided in section 8-c. 

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

[Approved March 4, 1947.] 



14 Chapters 16, 17 [1947 

CHAPTER 16. 

AN ACT RELATIVE TO MEMBERSHIP OF STATE POLITICAL 
CONVENTIONS. 

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

1. State Political Conventions. Amend section 59 of 
chapter 33 of the Revised Laws as amended by section 4, 
chapter 9, Laws of 1943, by inserting after the word "sena- 
tors" in the sixth Hne the words, county officers, so that said 
section as amended shall read as follows : 59. Date, Ca^ll, and 
Purposes. Not earlier than the third Tuesday of September 
following any primary, and not later than the first Tuesday 
of October, upon the call of the chairman of the state com- 
mittee of the party, the nominees of each party for the offices 
of governor, councilors, state senators, county officers, repre- 
sentatives and state delegates elected shall meet in state con- 
vention for the purpose of adopting the platform of their 
party, nominating presidential electors and effecting an or- 
ganization for the following two years. The names and resi- 
dences of the presidential electors nominated by such conven- 
tion shall be forthwith certified to the secretary of state by 
the chairman and clerk of the convention. 

2. Takes Effect. This act shall take effect as of July 
1, 1947. 

[Approved March 4, 1947.] 



CHAPTER 17. 

AN ACT RELATIVE TO THE RESTRICTION UPON ISSUANCE OF 
LICENSES TO MEDICAL SERVICE CORPORATION AGENTS. 

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

1. Medical Service Corporation Agents. Paragraph III of 
section 4 of chapter 334-A of the Revised Laws as inserted 
by chapter 166 of the Laws of 1943, limiting the issuance of 
licenses as medical service corporation agents to residents of 
the state is hereby repealed. 

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

[Approved March 4, 1947.] 



* See chapter 208, post. 



1947] Chapters 18, 19 15 

CHAPTER 18. 

AN ACT RELATIVE TO THE PENALTY FOR WRONGFUL VOTING AND 
FOR GENERAL ELECTION VIOLATIONS. 

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

1. Elections. Amend section 8 of chapter 41 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 8. Wrongful Voting, etc. If any per- 
son, at a meeting for the choice of officers, or at any primary 
or biennial election, shall give in more than one vote for any 
officer voted for at such meeting, primary or biennial election ; 
or shall apply for a ballot in a name other than his own, or 
having once voted shall apply for another ballot in his own 
name; or if any person under the age of twenty-one years, 
or an alien not naturalized, or any person who is not a legal 
voter, shall give in a vote for any officer at such meeting, 
primary or biennial election; or if any person, being under 
examination as to his qualifications as a voter before the board 
of supervisors, shall give any false name or answer, he shall 
be fined not more than five hundred dollars nor less than fifty 
dollars. 

2. General Penalty. Amend section 6 of chapter 41 of 
the Revised Laws by striking out in the last line the word 
"thirty" and inserting in place thereof the words, one hundred, 
so that said section as amended shall read as follows : 6. Gen- 
eral Penalty. If any person shall be guilty of an offense 
against any provision of the laws relating to elections for 
which no penalty is specified he shall be fined not more than 
one hundred dollars. 

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

[Approved March 5, 1947.] 



CHAPTER 19. 

AN ACT RELATING TO LEGAL INVESTMENTS OF SAVINGS BANKS. 

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

1. Legal Investments of Savings Banks. Amend section 6 
of chapter 310 of the Revised Laws by inserting after 



16 Chapter 20 [1947 

paragraph VII a new paragraph as follows: VIII. Inter- 
national Bank for Reconstruction and Development. 
The obligations issued or guaranteed by the International 
Bank for Reconstruction and Development, provided that 
such obligations are payable in dollars in the United States, 
and that the principal office of the obligor is, at the time of 
making such investment, located within the United States; 
provided also that not exceeding five per cent of the deposits 
shall be invested in such obligations. 

2. Takes EflFect. This act shall take effect upon its 
passage. 
[Approved March 5, 1947.] 



CHAPTER 20. 

an act to provide for voting by ballot on the 

TOWN manager plan. 

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

1. Method of Adoption. Amend chapter 55, Revised Laws, 
by adding at the end thereof the following new section: 15. 
Ballot Vote. Whenever an article has been inserted in the 
warrant for the annual meeting of any town, village district 
or precinct, calling for consideration of the question of adopt- 
ing the provisions of this chapter, the clerk shall cause to be 
prepared in advance of such meeting a printed ballot contain- 
ing a question substantially as follows : "Do you favor adoption 
of the town manager plan as provided in chapter 55, Revised 
Laws?" followed by the words "Yes" and "No" with boxes 
after each, in which the voter may mark his choice. Such 
ballot shall be used at all meetings voting on such question 
pursuant to sections 11 and 14 hereof. The polls shall remain 
open for at least three hours at any meeting balloting on such 
question. In voting on the question of revoking the provi- 
sions of this chapter in any town, village district or precinct 
pursuant to section 13 hereof, the balloting procedure pre- 
scribed by this section shall govern, except that the question 
appearing on the printed ballot shall be substantially as fol- 
lows: "Do you favor revoking the town manager plan as pro- 
vided in chapter 55, Revised Laws?" 

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

[Approved March 5, 1947.] 



1947] Chapters 21, 22 17 

CHAPTER 21. 

AN ACT CHANGING THE TIME OF SUBMITTING ARTICLES FOR 
INSERTION IN TOWN MEETING WARRANTS. 

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

1. Time Changed. Amend section 3, chapter 57, Revised 
Laws, by striking out in the third line thereof the word 
"sixteen" and inserting in place thereof the word twenty-five, 
so that said section as amended shall read as follows : 3. Ar- 
ticles. Upon the written application of ten or more voters or 
one sixth of the voters in town, presented to the selectmen or 
one of them at least twenty-five days before the day pre- 
scribed for an annual or biennial meeting, the selectmen shall 
insert in their warrant for such meeting any subject specified 
in such application. Upon the written application of fifty or 
more voters or one fourth of the voters in town, so presented 
not less than sixty days before the next annual meeting, the 
selectmen shall warn a special meeting to act upon any ques- 
tion specified in such application. The word "voters" in this 
section shall mean persons listed as such in the last previous 
revision of the check-list. 

2. Takes Effect. This act shall take effect July 1, 1947. 
[Approved March 5, 1947.] 



CHAPTER 22. 



AN ACT RELATIVE TO PENALTY FOR VIOLATIONS OF LAW BY 
SUPERVISORS OF THE CHECK-LISTS. 

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

1. Supervisors of the Check-list. Amend section 12 of 
chapter 32 of the Revised Laws by striking out the word 
"erase" where it occurs in the third and ninth lines and in- 
serting in place thereof the words, strike out, and by striking 
out the word "fifty" in the tenth line and inserting in place 
thereof the words, three hundred, so that said section as 
amended shall read as follows: 12. Penalty. If the super- 
visors at any session holden for the correction of the check- 
list, on receiving satisfactory evidence that any person whose 
name is on the list is not a legal voter, shall neglect or refuse 



18 Chapters 23, 24 . [1947 

to strike out such name from the hst, or shall neglect or re- 
fuse to insert on the list the name of any person who is a 
legal voter, having satisfactory evidence thereof, or shall 
neglect or refuse to hear or examine any evidence offered for 
such purpose in either of the cases aforesaid, or shall at any 
time insert on the list the name of any person not a legal 
voter, knowing such to be the case, or shall knowingly strike 
out therefrom or omit to insert the name of any legal voter, 
they shall be fined not more than three hundred dollars. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 5, 1947.] 



CHAPTER 23. 

AN ACT RELATIVE TO THE SEAL OF THE REGISTRAR OF VITAL 
STATISTICS. 

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

1. Registrar of Vital Statistics. Amend section 2 of chap- 
ter 337 of the Revised Laws by striking out the words "The 
State of New Hampshire, Department" in the third line and 
inserting in place thereof the words, State Department of 
Health of New Hampshire, Registrar, so that said section as 
amended shall read as follows: 2. Seal of Registrar. The 
registrar of vital statistics shall have a seal which shall be 
like the seal of the state except that the device thereon shall 
be surrounded by the words "State Department of Health of 
New Hampshire, Registrar of Vital Statistics" in the place of 
the words "Seal of the State of New Hampshire, 1776." 

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

[Approved March 5, 1947.] 



CHAPTER 24.- 

AN ACT RELATIVE TO BUILDING AND LOAN ASSOCIATIONS. 

Be it enacted by the Senxite and House of Representatives in 
General Court convened: 
1. Organiza*tion and Stock. Amend section 5 of chapter 



* See chapter 43, post. 



1947] Chapter 24 19 

314 of the Revised Laws by striking out the whole of said 
section and inserting in place thereof the following : 5. Capi- 
tal. The stock of any such corporation shall be unlimited. 

2. Serial Shares. Amend said chapter 314 by adding after 
section 5 the following new section: 5-a. Shares. Serial 
shares shall be divided into shares of the ultimate value of 
two hundred dollars each. Such shares may be issued in 
quarterly, half-yearly or yearly series, each series to consist 
of such number of shares as the directors may determine, but 
no shares of a prior series shall be issued until said series 
shall have been five years in force. 

3. Holding. Amend section 6 of chapter 314 of the Re- 
vised Laws by striking out the whole of said section and in- 
serting in place thereof the following : 6. Individual Holding. 
No person shall hold more than fifty serial shares of any one 
corporation at a time. 

4. Minors, Holding. Amend said chapter 314 by adding 
after section 6 the following new section: 6-a. Minors. A 
minor may hold shares of such corporation, subject to the 
liabilities of a shareholder, for the purpose of depositing 
monthly dues thereon until the same are matured, withdrawn, 
forfeited or canceled, as in the case of other shareholders of 
such associations, and for no other purpose. Such associations 
may pay to minors when their shares are matured, withdrawn, 
or canceled, the deposits or collections on shares standing in 
their names, with the interest, premiums, fines, or profits 
that may be due thereon, as if such minors were of age, and 
their receipts shall be sufficient discharge of the same as in 
the case of payment to minors or deposits to their credit by 
savings banks. 

5. Dues, Loans, etc. Amend section 13 of chapter 314 of 
the Revised Laws by striking out the whole of said section and 
inserting in place thereof the following: 13. Limitations on 
Amount of Real Estate Loans and Investments. An associa- 
tion may loan its funds upon the security of a first lien on real 
estate provided that not more than ten thousand dollars shall 
be loaned upon the security of a first lien on any one property 
except that if the aggregate amount owing to it on all of its 
mortgage loans exceeds five hundred thousand dollars, in 
which event it may make such loan in an amount equal to 
two and one-half per cent of its assets or fifteen thousand 
dollars, whichever amount is greater, but in no event shall any 



20 Chapter 24 [1947 

such loan exceed twenty thousand dollars. Loans in excess 
of ten thousand dollars shall not exceed eighty per cent of 
the appraised value of the property in question. This limita- 
tion shall not apply to loans insured with the Federal Housing 
Administration. The total amount owing to an association 
upon all such loans and investments in excess of fifteen thou- 
sand dollars shall not exceed ten per cent of the aggregate 
amount owing to it on all of its mortgage loans at the time 
any such loan or investment in excess of fifteen thousand dol- 
lars is made. 

6. Borrowing. Amend section 19 of chapter 314 of the 
Revised Laws by striking out the whole of said section and 
inserting in place thereof the following section: 19. Borrow- 
ing. It may borrow money to pay off members for matured 
shares, for making loans, withdrawal of shares, or enforced 
withdrawals, in such amount as may be approved by the com- 
missioner, and with his approval may pledge as collateral for 
such borrowings real estate mortgages, notes or other securi- 
ties. 

7. Real Estate. Amend section 20 of chapter 314 of the 
Revised Laws by striking out the whole of said section and 
inserting in place thereof the following. 20. Real Estate. 
Investments may be made in real estate as follows: 

I. In the purchase of houses, or the purchase of land and 
the construction of houses thereon, and may sell or lease the 
same. 

II. In the purchase of improved or unimproved real estate 
and in the construction or improvement of buildings thereon 
for the purpose of providing offices for the transaction of an 
association's business. Such buildings may also include space 
for rental purposes. The cost to the association of such lands 
and buildings shall not exceed fifty per cent of the sum of 
such association's guaranty fund, surplus, and reserves at the 
time such investment is made. 

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

[Approved March 5, 1947.] 



1947] Chapters 25, 26 21 

CHAPTER 25. 

AN ACT TO INCREASE THE SALARIES OF THE JUSTICES OF THE 
SUPREME AND SUPERIOR COURTS. 

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

1. Supreme Court. Amend section 15 of chapter 369 of 
the Revised Laws by striking out the same and inserting- in 
place thereof the following: 15. Salaries. The annual salary 
of the chief justice and the associate justices shall be nine 
thousand five hundred dollars each. 

2. Superior Court. Amend section 5 of chapter 370 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 5. Salaries; Expenses. The annual 
salary of the chief justice and the associate justices of the 
superior court shall be nine thousand five hundred dollars each. 
Actual expenses and office rent shall be allowed the justices 
as provided for justices of the supreme court. Each justice 
of the superior court shall forward his monthly expense ac- 
count directly to the comptroller who shall prepare the mani- 
fest for payment of said accounts. 

3. Takes Effect. This act shall take effect on July 1, 1947. 
[Approved March 5, 1947.] 



CHAPTER 26. 

AN ACT RELATIVE TO STATE AID TO EQUALIZE LIBRARY SERVICE. 

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

1. The State Library. Amend section 19 of chapter 15 of 
the Revised Laws as inserted by chapter 90 of the Laws of 
1943, by striking out said section and inserting in place there- 
of the following: 19. Equalization of Library Service. The 
library commission may, at its discretion, use state funds and 
funds received under the provisions of section 19-a to increase, 
improve, stimulate and equalize library service to the people 
of the state. Said funds shall be allocated to free public 
libraries or to towns in the state in such way as the commis- 
sion may determine, taking into consideration local needs, 
area and population to be served, local interest as evidenced 



22 Chapter 27 ;[1947 

by local appropriations and such other facts as may affect the 
said program of library service. The commission is authorized 
to adopt such rules and regulations for the allocation and 
administration of the equalization fund as it may determine 
to be in the public interest. 19-a. Acceptance of Funds. The 
commission is hereby authorized and empowered to receive, 
accept and administer any money granted by the federal gov- 
ernment or other agencies, private or otherwise, for providing 
and equalizing public library service in New Hampshire. Any 
gift or grant from the federal government or other source as 
hereinbefore provided shall be deposited in the state treasury 
and credited to a fund to be known as aid for libraries fund. 
Any moneys appropriated by the state for such purposes may 
be added to said fund and all moneys so deposited shall be 
paid out by the treasurer on a warrant of the governor for 
the purposes of section 19 alone. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 12, 1947.] 



CHAPTER 27.* 

AN ACT RELATING TO THE SALARY OF THE SOLICITOR 
OF COOS COUNTY. 

Be it enacted by the Senate and House of Re^presentatives in 
General Court convened: 

1. Solicitor of Coos County. Amend section 20 of chapter 
24 of the Revised Laws, as amended by chapter 40- and chap- 
ter 136 of the Laws of 1943, and section 1, chapter 2, Laws of 
1947, by striking out the words "fifteen hundred" after the 
word "Coos" and inserting in place thereof the words, eighteen 
hundred, so that said section as amended shall read as fol- 
lows: 20. Salaries. The annual salaries of the solicitors in 
the several counties shall be as follows : 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, twelve hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, twelve hundred and fifty dollars. 

In Hillsborough, twenty-five hundred dollars. 



* See chapters 202, 213, 242, 263, 268, 270, post. 



1947] Chapters 28, 29 23 

In Cheshire, twelve hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, twelve hundred dollars. 

In Coos, eighteen hundred dollars. 
2. Takes Effect. The provisions of section 1 relative to 
the salary of the solicitor of Coos county shall take effect as 
of January 1, 1947, and the remaining provisions of said sec- 
tion shall take effect as of February 11, 1947. 
[Approved March 12, 1947.] 



CHAPTER 28. 

AN ACT RELATING TO GUARANTY FUNDS OF SAVINGS BANKS. 

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

1. Savings Banks. Amend section 10 of chapter 309 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following : 10. Guaranty Funds. Every sav- 
ings bank shall annually pass to the credit of a guaranty fund 
a sum equal to ten per cent of its net earnings for the year 
until such guaranty fund shall amount to a sum equal to five 
per cent of its deposits. Any savings bank may increase such 
guaranty fund to such an amount as the trustees may deter- 
mine to be for the best interests of the depositors, but no part 
of the guaranty fund shall be used to pay dividends. 

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

[Approved March 12, 1947.] 



CHAPTER 29. 

AN ACT RELATIVE TO BRIDGES IN THE TOWN OF ELLSWORTH. 

Be it enacted by the Senate and Hoiise of Representatives in 
Gener^al Court convened: 

1. Bridges in Ellsworth. The maintenance or reconstruc- 
tion of bridges in the town of Ellsworth on the Stinson Lake 
road shall be assumed by the state highway department. 

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

[Approved March 12, 1947.] 



24 Chapters 30, 31 [1947 

CHAPTER 30. 

AN ACT RELATING TO THE SALE OF SECURITIES. 

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

1. Sale of Securities. Amend section 1 of chapter 336 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 1. Dealer. Under this chapter 
dealer shall mean any individual, partnership, association or 
corporation engaging in the selling or offering for sale of se- 
curities, except through the medium of or as agent or sales- 
man of a registered dealer. Provided, however, that any cor- 
poration whose securities are approved by the insurance com- 
missioner for sale in this state, by general regulation or other- 
wise, engaged in selling such securities to its officers, agents 
or employees or to the officers, agents or employees of any 
subsidiary corporation of which it owns not less than a 
majority of the voting stock, shall not as to such transactions 
be considered as a dealer. And provided further that sales 
made by or in behalf of a resident of this state in the ordinary 
course of bona fide personal investment of his personal hold- 
ings, or change of such investments, shall not constitute a 
resident or the agent of such resident if not otherwise en- 
gaged either permanently or temporarily in selling securities, 
a dealer therein. A nonresident desiring to make such sale of 
his personal investments must first obtain the approval of the 
insurance commissioner. 

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

[Approved March 13, 1947]. 



CHAPTER 31. 

AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE 
ASSESSMENT OF PUBLIC TAXES. 

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

1. Apportionment. That of every thousand dollars of pub- 
lic taxes hereafter to be raised, the proportion which each 
town and place shall pay, and for which the treasurer of the 



1947] Chapter 31 25 

state is hereby authorized to issue his warrant, shall be as 
follows, to wit : 

Rockingham County, $119.24 

Atkinson, eighty-five cents $0.85 

Auburn, one dollar and eight cents 1.08 

Brentwood, seventy-six cents .76 

Candia, one dollar and one cent 1.01 

Chester, one dollar and sixteen cents 1.16 

Danville, fifty-three cents .53 

Deerfield, one dollar and nine cents 1.09 

Derry, eight dollars and ninety-two cents 8.92 

East Kingston, sixty-five cents .65 

Epping, one dollar and fifty-five cents 1.55 

Exeter, twelve dollars and thirty-four cents 12.34 

Fremont, ninety-one cents .91 

Greenland, one dollar and one cent 1.01 

Hampstead, one dollar and forty-two cents 1.42 

Hampton, ten dollars and fifty cents 10.50 

Hampton Falls, one dollar and forty-four cents 1.44 

Kensington, seventy-one cents .71 

Kingston, one dollar and forty-two cents . 1.42 

Londonderry, one dollar and sixty cents 1.60 

New Castle, one dollar and sixty-three cents 1.63 

Newfields, sixty-four cents .64 

Newington, one dollar and eight cents 1.08 

Newmarket, two dollars and seventy-four cents .... 2.74 

Newton, one dollar and eleven cents 1.11 

North Hampton, three dollars and forty-six cents . . 3.46 

Northwood, one dollar and twenty-nine cents 1.29 

Nottingham, ninety-seven cents .97 

Plaistow, one dollar and ninety-five cents 1.95 

Portsmouth, thirty-seven dollars and thirty-three 

cents 37.33 

Raymond, one dollar and sixty cents 1.60 

Rye, five dollars and six cents 5.06 

Salem, five dollars and seventy cents 5.70 

Sandown, forty-three cents .43 

Seabrook, one dollar and eighty-two cents 1.82 

South Hampton, forty-six cents .46 

Stratham, one dollar and fifteen cents 1.15 

Windham, one dollar and eighty-seven cents 1.87 



26 Chapter 31 [1947 

Strafford County, $68.12 

Barrington, one dollar and nine cents $ 1.09 

Dover, twenty-four dollars and thirty-five cents .... 24.35 

Durham, three dollars and seventy-three cents 3.73 

Farming-ton, three dollars and sixty-four cents .... 3.64 

Lee, seventy-seven cents .77 

Madbury, seventy cents .70 

Middleton, twenty cents .20 

Milton, two dollars and thirty-seven cents 2.37 

New Durham, sixty-five cents .65 

Rochester, nineteen dollars and fifteen cents 19.15 

Rollinsford, one dollar and ninety-one cents 1.91 

Somersworth, eight dollars and twenty-six cents .... 8.26 

Strafford, one dollar and thirty cents 1.30 

Belkna.p County, $55.79 

Alton, three dollars and sixty cents $ 3.60 

Barnstead, one dollar and three cents 1.03 

Belmont, one dollar and eighty-four cents 1.84 

Center Harbor, one dollar and forty-eight cents 1.48 

Gilford, three dollars and twenty-seven cents 3.27 

Gilmanton, one dollar and twenty-five cents 1.25 

Laconia, twenty-nine dollars and sixty-seven cents . . 29.67 

Meredith, five dollars and seventy-nine cents 5.79 

New Hampton, two dollars and fifty-eight cents .... 2.58 

Sanbornton, one dollar and thirty cents 1.30 

Tilton, three dollars and ninety-eight cents 3.98 

Carroll County, $34.93 

Albany, thirty-five cents $ 0.35 

Bartlett, one dollar and seventy-four cents 1.74 

Brookfield, fifty-six cents .56 

Chatham, thirty-eight cents .38 

Conway, five dollars and eighty-eight cents 5.88 

Eaton, forty cents .40 

Effingham, sixty-six cents .66 

Freedom, one dollar and one cent 1.01 

Hart's Location, eight cents • .08 

Jackson, one dollar and twenty-three cents 1.23 

Madison, one dollar and thirty-six cents 1.36 

Moultonborough, three dollars and eleven cents .... 3.11 

Ossipee, two dollars and thirty-seven cents 2.37 

Sandwich, two dollars and forty-six cents 2.46 



1947] Chapter 31 27 

Tamworth, two dollars and seventy-four cents $ 2.74 

Tuftonboro, two dollars and thirty-six cents 2.36 

Wakefield, two dollars and thirty-five cents 2.35 

Wolfeboro, five dollars and eighty-nine cents 5.89 

Merrimack County, $125.38 

Allenstown, two dollars and eighty-eight cents .... $ 2.88 

Andover, two dollars and eighteen cents 2.18 

Boscawen, two dollars and seventy-three cents 2.73 

Bow, two dollars and eighty-five cents 2.85 

Bradford, one dollar and fifty-one cents 1.51 

Canterbury, ninety-seven cents .97 

Chichester, eighty-eight cents .88 

Concord, sixty-three dollars and fifty-nine cents .... 63.59 

Danbury, sixty-five cents .65 

Dunbarton, ninety-one cents .91 

Epsom, one dollar and thirty-five cents 1.35 

Franklin, thirteen dollars and seventy-eight cents . . 13.78 

Henniker, two dollars and forty-nine cents 2.49 

Hill, one dollar and seventeen cents 1.17 

Hooksett, two dollars and ninety-seven cents 2.97 

Hopkinton, three dollars and twenty-seven cents .... 3.27 

Loudon, one dollar and twenty-nine cents 1.29 

Newbury, two dollars and seven cents 2.07 

New London, three dollars and seventy-eight cents . . 3.78 

Northfield, two dollars and nine cents 2.09 

Pembroke, three dollars and twenty-five cents 3.25 

Pittsfield, three dollars and twenty-one cents 3.21 

Salisbury, seventy-one cents .71 

Sutton, one dollar and ten cents 1.10 

Warner, two dollars and one cent 2.01 

Webster, one dollar and ten cents 1.10 

Wilmot, fifty-nine cents .59 

Hillsboroug'h County, $287.90 

Amherst, two dollars and eight cents $ 2.08 

Antrim, two dollars and nine cents 2.09 

Bedford, three dollars and nine cents 3.09 

Bennington, one dollar and sixty-three cents 1.63 

Brookline, eighty cents .80 

Deering, seventy cents •'70 

Francestown, one dollar and three cents 1.03 

Goffstown, six dollars and thirty-seven cents 6.37 



28 Chapter 31 [1947 

Greenfield, one dollar and one cent $ 1.01 

Greenville, two dollars and seventeen cents 2.17 

Hancock, one dollar and eighty cents 1.80 

Hillsborough, four dollars and fourteen cents 4.14 

Hollis, one dollar and eighty-four cents 1.84 

Hudson, three dollars and forty-four cents 3.44 

Litchfield, seventy-two cents .72 

Lyndeborough, ninety-four cents .94 

Manchester, one hundred fifty-one dollars and ninety- 
four cents 151.94 

Mason, forty-seven cents .47 

Merrimack, two dollars and forty-three cents 2.43 

Milford, seven dollars and fifty-six cents 7.56 

Mont Vernon, eighty-one cents .81 

Nashua, seventy-one dollars and fifty-five cents .... 71.55 

New Boston, one dollar and twenty-eight cents 1.28 

New Ipswich, two dollars and five cents 2.05 

Pelham, one dollar and sixty-six cents 1.66 

Peterborough, seven dollars and seventy-five cents . . 7.75 

Sharon, thirty-two cents .32 

Temple, eighty-two cents .82 

Weare, one dollar and seventy cents 1.70 

Wilton, three dollars and sixty cents 3.60 

Windsor, eleven cents .11 

Cheshire County, $81.15 

Alstead, one dollar and thirty-two cents $1.32 

Chesterfield, two dollars and thirty-eight cents .... 2.38 

Dublin, three dollars and fifty-four cents 3.54 

Fitzwilliam, one dollar and fifty-eight cents 1.58 

Gilsum, forty-six cents .46 

Harrisville, one dollar and sixty-five cents 1.65 

Hinsdale, five dollars and thirty cents 5.30 

Jaffrey, six dollars and sixty-one cents 6.61 

Keene, thirty-four dollars and sixty-five cents 34.65 

Marlborough, two dollars and twenty-one cents 2.21 

Marlow, forty-one cents .41 

Nelson, sixty-seven cents .67 

Richmond, thirty-seven cents .37 

Rindge, one dollar and seventy-seven cents 1,77 

Roxbury, twenty-one cents .21 

Stoddard, sixty-one cents .61 

Sullivan, thirty-four cents .34 



1947] Chapter 31 29 

Surry, fifty-five cents . $0.55 

Swanzey, three dollars and sixteen cents 3.16 

Troy, two dollars and three cents 2.03 

Walpole, six dollars and fifty-four cents 6.54 

Westmoreland, one dollar and nine cents 1.09 

Winchester, three dollars and seventy cents 3.70 

SuUivan County, $50.20 

Acworth, seventy cents $0.70 

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

Claremont, twenty-five dollars and forty-nine cents . . 25.49 

Cornish, one dollar and seventy-four cents 1.74 

Croydon, fifty-nine cents -59 

Goshen, forty-seven cents .47 

Grantham, thirty-five cents .35 

Langdon, forty-three cents .43 

Lempster, thirty-six cents .36 

Newport, eight dollars and ninety cents 8.90 

Plainfield, one dollar and forty-nine cents 1.49 

Springfield, seventy-three cents .73 

Sunapee, three dollars and seventy-seven cents 3.77 

Unity, seventy-two cents .72 

Washington, seventy cents .70 

Grafton County, $103.90 

Alexandria, eighty-seven cents $0.87 

Ashland, three dollars and two cents 3.02 

Bath, one dollar and forty-one cents 1.41 

Benton, nineteen cents .19 

Bethlehem, four dollars and sixty-nine cents 4.69 

Bridgewater, ninety-eight cents .98 

Bristol, four dollars and forty-five cents 4.45 

Campton, two dollars and twenty-one cents 2.21 

Canaan, one dollar and ninety-seven cents 1.97 

Dorchester, twenty-nine cents .29 

Easton, twenty-six cents .26 

Ellsworth, six cents .06 

Enfield, two dollars and forty cents 2.40 

Franconia, one dollar and sixty-nine cents 1.69 

Grafton, sixty-nine cents .69 

Groton, sixty-four cents .64 

Hanover, nine dollars and eighty cents 9.80 

Haverhill, six dollars and eighty-two cents 6.82 



30 Chapter 31 {1947 

Hebron, ninety cents $0.90 

Holderness, three dollars and twenty-five cents 3.25 

Landaff, forty-eight cents .48 

Lebanon, thirteen dollars and fifty-eight cents 13.58 

Lincoln, one dollar and ninety-four cents 1.94 

Lisbon, four dollars and seventy-eight cents 4.78 

Littleton, eight dollars and seven cents 8.07 

Lyman, forty-five cents .45 

Lyme, one dollar and thirty-eight cents 1.38 

Monroe, thirteen dollars and one cent 13.01 

Orange, twenty-three cents .23 

Orford, one dollar and thirty cents 1.30 

Piermont, one dollar and ten cents 1.10 

Plymouth, five dollars and forty-four cents 5.44 

Rumney, one dollar and forty-nine cents 1.49 

Thornton, seventy-three cents .73 

Warren, ninety-two cents .92 

Waterville, eleven cents .11 

Wentworth, seventy-four cents .74 

Woodstock, one dollar and fifty-six cents 1.56 

Coos County, $70.47 

Berlin, twenty-eight dollars and twenty-seven cents . $28.27 

Carroll, one dollar and seventy-six cents 1.76 

Clarksville, ninety-six cents .96 

Colebrook, three dollars and sixty-eight cents 3.68 

Columbia, eighty-seven cents .87 

Dalton, seventy-three cents .73 

Dummer, fifty-seven cents .57 

Errol, one dollar and four cents 1.04 

Gorham, six dollars and fifty-three cents 6.53 

Jefferson, one dollar and fifty-five cents 1.55 

Lancaster, six dollars 6.00 

Milan, one dollar and two cents 1.02 

Northumberland, three dollars and ninety cents .... 3.90 

Pittsburg, three dollars and ninety-seven cents 3.97 

Randolph, ninety-seven cents .97 

Shelburne, one dollar and thirty-three cents 1.33 

Stark, seventy-three cents .73 

Stewartstown, one dollar and thirty-three cents 1.33 

Stratford, one dollar and thirty-three cents 1.33 

Wentworth's Location, twenty-two cents .22 

Whitefield, three dollars and seventy-one cents 3.71 



1947] Chapter 32 31 

Unincorporated Places, $2.92 

Cambridge, thirty-nine cents $0.39 

Crawford's Purchase, six cents .06 

Dixville, seventy cents .70 

Dix's Grant, seven cents .07 

Erving's Grant, three cents .03 

Gilmanton and Atkinson Academy Grant, five cents .05 

Green's Grant, nine cents .09 

Hale's Location, one cent .01 

Millsfield, thirty-eight cents .38 

Odell, thirty-five cents .35 

Sargent's Purchase, fifteen cents .15 

Second College Grant, thirteen cents .13 

Success, forty-two cents .42 

Thompson and Meserve Purchase, nine cents .09 

2. Limitation. The same shall be the proportion of assess- 
ment of public taxes until a new apportionment shall be made 
and established, and the treasurer for the time being shall 
issue his warrant accordingly. 

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

[Approved March 13, 1947.] 



CHAPTER 32.- 

AN ACT RELATING TO TAKING OF WILD DEER IN THE TOWN 
OF GILFORD. 

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 
of 1943; section 1, chapter 31 and section 1, chapter 69, Laws 
of 1945 by inserting after the word "Alton" in line eighteen 
the word, Gilford, 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 shotgun loaded with a 
single ball or loose buckshot within the counties of Hills- 
borough, Merrimack, Belknap or Rockingham with the follow- 
ing exceptions : the towns of Windsor, Hillsborough, Benning- 
ton, Deering, Francestown, Weare, Antrim, Hancock, Greenfield, 



See chapters 46, 101, post. 



32 Chapters 33, 34 [1947 

New Boston, Lyndeborough, Temple, Sharon, New Ipswich, 
Greenville, Mason, Wilton, Mont Vernon, and Peterborough, 
in the county of Hillsborough ; the towns of Andover, Chiches- 
ter, Wilmot, Danbury, Canterbury, Hill, New London, Sutton, 
Bradford, Warner, Salisbury, Newbury, Webster, Allenstown, 
Pembroke, Loudon, Pittsfield, Epsom, Boscawen, Hopkinton, 
Dunbarton, Bow, Northfield, the eastern part of the town of 
Hooksett bounded on the northeast by Allenstown, east by 
Deerfield, southeast by Candia, and west by the old Ports- 
mouth Railroad, and Henniker and the city of Franklin in the 
county of Merrimack ; the towns of Sanbornton, Alton, Gilford, 
Gilmanton, Barnstead, Belmont, Meredith, Center Harbor, and 
New Hampton in the county of Belknap, and the towns of 
Candia, Auburn, Deerfield, Northwood, Nottingham, Raymond 
and Epping in the county of Rockingham. 

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

[Approved March 13, 1947.] 



CHAPTER 33. 

AN ACT TO INCREASE THE SALARY OF THE STATE REPORTER. 

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

1. State Reporter. Amend section 12, chapter 382, Re- 
vised Laws, by striking out said section and inserting in place 
thereof the following: 12. Salary. The annual salary of 
the reporter shall be two thousand six hundred dollars. 

2. Takets Effect. This act shall take effect on July 1, 1947. 
([Approved March 13, 1947.] 



CHAPTER 34. 



AN ACT RELATIVE TO THE RIGHTS OF THE RESIDENT HUSBAND 
OF A NONRESIDENT. 

Be it enacted by the Senate and Hou^e of Representatives in 
General Court convened: 
1. Husband and Wife. Amend chapter 340 of the Revised 
Laws by inserting after section 13 the following new sub- 
division : 



1947] Chapter 34 33 

Rights of Resident Husband of a Nonresident 

13-a. Property, etc. If a man, the husband of an alien 
or of a woman residing in another state, has resided in this 
state six months successively, separate from his wife, he may 
convey all real and personal estate, held by him in this state, 
the same as if he were sole and unmarried, and shall have the 
exclusive care, custody and guardianship of his minor children 
living with him in this state ; and the earnings of the children 
shall be expended in the same manner as if his wife had de- 
ceased. 

13-b. Termination. If the wife of such man takes up 
her residence in this state, and they cohabit together, the fact 
of such residence and such cohabitation shall have the same 
effect upon any contract or business of the husband as if the 
marriage between them had then first been solemnized. 

13-c. Divorce. If the wife of such man obtains a divorce 
from her husband in a court or tribunal of any other state or 
country, or if a divorce be decreed upon application of the 
husband during such separate residence, he shall retain the 
exclusive custody and guardianship and receive the earnings 
of his minor children living with him. 

13-d. Custody of Children. No person shall take from 
the custody of such husband any minor child of the marriage 
residing with him, or remove the child from this state against 
the consent of the father. 

13-e. Guardianship, etc. Upon his application, a 
guardian may be appointed for the child, and the superior 
court, or a justice thereof, may issue an injunction restraining 
the mother and all other persons from removing the child 
from this state against the consent of the father, and may 
make such further orders and decrees as shall secure to him 
or to the guardian the custody of the child. 

2. Resident Wife. Amend section 9, of chapter 340, Re- 
vised Laws, by striking out the same and inserting in place 
thereof the following: 9. Property, etc. If a woman, the 
wife of an alien or of a man residing in another state, has 
resided in this state for six months successively separate from 
her husband, she may convey all real and personal estate, held 
by her in this state, the same as if she were sole and un- 
married, and shall have the exclusive care, custody and 



34 Chapter 35 [1947 

guardianship of her minor children living- with her in this 
state; and the earnings of the children shall be expended in 
the same manner as if her husband had deceased. 

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

[Approved March 13, 1947.] 



CHAPTER 35. 



AN ACT PERMITTING SATURDAY CLOSING FOR BANKING 
ORGANIZATIONS. 

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

1. Banking Organizations, Saturday Closing. Amend 
chapter 367 of the Revised Laws by adding thereto the follow- 
ing new section: 4. Banking Organizations, Closing on 

Saturdays. Any banking organization which for the purposes 
of this section shall include not only state banks, savings 
banks, trust companies, and other companies, associations and 
businesses described in section 1 of chapter 308, but also any 
national banking association, federal savings and loan asso- 
ciation or federal credit union doing business in this state, 
may remain closed on any or all Saturdays as it may de- 
termine from time to time. Any Saturday on which a bank- 
ing organization remains closed shall be with respect to such 
banking organization a holiday and not a business day. Any 
act authorized, required or permitted to be performed at or by 
or with respect to any banking organization as herein defined, 
on a Saturday, may be so performed on the next succeeding 
business day, and no liability or loss of rights of any kind shall 
result from such delay. 

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

[Approved March 13, 1947.] 



1947] Chapters 36, 37 35 

CHAPTER 36. 

AN ACT RELATIVE TO CLASSIFICATION OF A CERTAIN ROAD IN 
THE TOWN OF COLEBROOK. 

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

1. Designation of Highway. The section of highway in 
the town of Colebrook from Colebrook village to the Vermont 
state line, now known as Bridge street, shall be designed as 
a Class I highway. 

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

[Approved March 13, 1947.] 



CHAPTER 37. 



AN ACT RELATING TO THE UNIVERSITY OF NEW HAMPSHIRE 
FUND. 

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

1. Increase of Fund. Amend section 18 of chapter 222 of 
the Revised Laws by striking out the words ''one mill" in the 
fourth line and inserting in place thereof the words, one and 
one-half mills, so that said section as amended shall read as 
follows: 18. The State Fund. For the purpose of provid- 
ing a fund to be known as the University of New Hampshire 
fund the state treasurer shall credit to such fund, for each 
of the fiscal years in each biennial period, a sum equal to one 
and one-half mills on each dollar of the assessed valuation of 
the taxable property in the state as of April 1 of the calendar 
year preceding such biennial period. 

2. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved March 18, 1947.] 



36 Chapter 38 [1947 

CHAPTER 38. 

AN ACT RELATIVE TO TRAVEL ALLOWANCES FOR MEMBERS OF 
THE GENERAL COURT. 

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

1. Travel Allowance for Members of the General Court. A 

member of the general court shall be allowed for travel ex- 
penses per mile of the round trip to and from his home each 
day of attendance at the following rates, for the first mile 
thereof four dollars, and for each additional mile four cents. 
In case said round trip is less than one mile the mileage allow- 
ance shall be computed on the basis of one mile. Each mem- 
ber of the house of representatives shall present evidence of 
his attendance by signing in person the roll provided for that 
purpose and by complying with such other regulations with 
respect thereto as the house may from time to time adopt. 
Any member of the general court absent for any cause from 
such attendance shall not be allowed travel for the day he is 
so absent. The allowances provided hereunder shall be com- 
puted as provided in section 16, chapter 9 of the Revised Laws 
as amended by chapter 14, Laws of 1943. 

2. Laws Suspended. During the time this act is in effect 
the provisions of section 15 of chapter 9 of the Revised Laws, 
as amended by section 1, chapter 14, Laws of 1943, are hereby 
suspended. 

3. Travel Allowance for Employees. Any officer or em- 
ployee of the senate or house of representatives shall be 
allowed for each day he is employed in his duties mileage at 
the rate of five cents per mile to and from his home. During 
the time this provision is in effect the provisions of section 17 
of chapter 9 of the Revised Laws, as amended by chapter 214, 
Laws of 1943, inconsistent herewith, are suspended. 

4. Takes Effect; Limitation. This act shall take effect as 
of January 1, 1947, and shall be effective until December 31, 
1948, provided that no member of the house shall be entitled 
to the additional travel allowance of four dollars for the first 
mile, as provided by section 1 hereof, for the period from 
January 1 to January 23, 1947, unless and until he shall 
execute, under penalties of perjury, a certificate setting forth 
his daily attendance at the house during said period or any 
part thereof. 

[Approved March 18, 1947.] 



1947] Chapter 39 37 

CHAPTER 39. 

AN ACT RELATIVE TO SCHOOLS OF HAIRDRESSING. 

Be it enacted by the Senate and House of Representative.-^ in 
General Court convened: 

1. Hairdressing. Amend section 12 of chapter 157 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 12. Approved Schools. No school of 
hairdressing in this state shall be approved by said board un- 
less it has minimum requirements of a continuous course of 
study of fifteen hundred hours distributed over a period of 
not less than one year, including practical demonstrations, 
written and oral tests, and theoretical and practical in- 
struction in sanitation, sterilization and the use of antiseptics 
and disinfectants, cosmetics and electrical applicances, which 
course of study and instruction shall be subject to the approval 
of the board. Schools must provide a separate room for class 
work and instruction and at least one separate room for super- 
vised practice. Each school shall have in good working order 
all apparatus and equipment necessary for the full and ready 
teaching of all subjects included in the required curriculum. 
Schools must keep daily record of attendance and study of 
each student, of the hours spent in each practical operation, 
and the number of tests given. A monthly report of such 
attendance, study, practice and hours, attested to be correct 
by the signature of both the student and instructor, shall be 
mailed to the board at the end of each month. All records of 
a student's progress in the school shall be open for inspection 
by members of the board at any time during class hours. All 
brushes, combs, towels, instruments, and applicators must be 
cleaned and disinfected by a method approved by the board's 
rules and regulations, after each use. All students must wear 
clean and washable uniforms during class hours. Suitable 
containers for soiled towels, brushes, combs, and other soiled 
instruments must be provided, and suitable containers must 
be supplied for freshly laundered towels, and air-tight cabi- 
nets for disinfected utensils. Floors must have washable 
coverings. No person shall be engaged to instruct in any of 
the branches of hairdressing, and cosmetology or manicuring 
as defined in this chapter unless approved and licensed as a 
hairdresser instructor by the board after having passed an 



38 Chapter 39 [1947 

examination as such instructor and having paid the required 
fee, except that occasional lecturers on specialized subjects 
shall not require such examination, approval or license. No 
person shall be approved and licensed as a hairdresser in- 
structor unless (1) he shall have graduated from an approved 
high school or had an education equivalent thereto and (2) 
shall have completed at least three years of actual employ- 
ment in a licensed shop. 

2. Shops and Establishments. Amend section 16 of said 
chapter 157 by striking out the same and inserting in place 
thereof the following: 16. Registration. Any licensed hair- 
dresser or manicurist who has obtained a license as such, as 
above provided, and who has completed one year of actual em- 
ployment in a shop, shall upon written application, accom- 
panied by the required fees, receive a license to operate a 
shop in this state, provided said shop shall fulfill all require- 
ments set forth in the rules and regulations of the board. 
Such license may thereafter be renewed upon payment of the 
renewal fee. A shop license as herein provided may be issued 
for short terms not exceeding three months, upon payment of 
the required fee. Booths attached to or within a shop that 
are operated independently thereof shall be subject to regis- 
tration fees in the same manner as an independent shop, 

3. Qualifications for License. Amend subparagraph (a) of 
paragraph I of section 11 of said chapter 157 by striking out 
the words "one thousand" in the fourth and fifth lines and 
inserting in place thereof the words, fifteen hundred, and by 
striking out the words "six months" in the fifth line and in- 
serting in place thereof the words, one year, so that said sub- 
paragraph as amended shall read as follows: (a) Hair- 
dresser. Any person who is ( 1 ) at least sixteen years of age, 
(2) who is of good moral character and temperate habits, (3) 
who shall have had an education equivalent to the completion 
of the second grade in the public high schools of this state, 
(4) who has had training of at least fifteen hundred hours 
extending over a school term of at least one year in a school 
of cosmetology, approved by the board, (5) and who has 
passed the hairdresser's examination or any person who has 
complied with the requirements of (1), (2), (3) and (5) and 
(6) who has served at least one year in this state as an 
apprentice in a hairdresser's shop, or any person who has 
complied with the requirements of (1), (2), (3) and (5), and 



1947] Chapters 40, 41 39 

either (4) or (6) for a like period in a state whose require- 
ments are substantially the same as in this state and in which 
hairdressers licensed in this state are given like recognition. 
On and after April 1, 1940 a person not previously licensed by 
the board shall be entitled to a license without examination 
only if said person can furnish proof of having been actively 
engaged in the practice of hairdressing in this state for a con- 
tinuous period of at least two years during the period from 
September 1, 1930 to September 1, 1937. 

4. Takes Effect; Application. This act shall take effect as 
of July 1, 1947, provided, however, that the provisions hereof 
shall not affect the renewal of hairdresser, instructor or shop 
licenses to persons who held such licenses as of said effective 
date nor to the issuance of hairdresser license to any student 
registered as such in an approved school on or before July 1, 
1947. 

[Approved March 18, 1947.] 



CHAPTER 40. 



AN ACT RELATING TO INTERPRETATION OF DATES UNDER THE 
FISH AND GAME LAV^S. 

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

1. Fish and Game Laws. Amend the fourth paragraph of 
section 1 of chapter 241 of the Revised Laws, by striking out 
said paragraph and inserting in place thereof the following: 
Inclusion of Dates: Whenever a period is named during 
which an act is permitted or prohibited, both the first and 
second dates named shall be included within such period. 

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

[Approved March 18, 1947.] 



CHAPTER 41. 

AN ACT RELATIVE TO THE PRACTICE OF OPTOMETRY. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. The Practice of Optometry. Amend section 15 of chap- 



40 Chapter 42 [1947 

ter 253 of the Revised Laws by striking out the word "two" 
in the third line and inserting in place thereof the word, five, 
so that said section as amended shall read as follows: 15. 
Application; Fee. The practitioner shall sign, swear to and 
forward this statement and application for renewal of his 
registration certificate to the secretary of the board, together 
with a fee of five dollars. Applications for registration must 
be made during the month of June, and if not so made an 
additional fee of one dollar for each thirty days, or fraction 
thereof, of delay beyond July first and up to January first 
shall be added to the regular fee. 

2. Fees. Amend section 21 of said chapter 253 by strik- 
ing out the word "two" in the sixth line and inserting in place 
thereof the word, five, so that said section as amended shall 
read as follows: 21. Re-registration. An optometrist who 
has been heretofore duly licensed and registered to practice 
in this state, whose license has not been revoked or suspended 
and who has temporarily abandoned the practice of optometry 
or removed from the state, may re-register within the state, 
upon complying with the provisions for re-registration, in- 
cluding the payment of five dollars per year for such time as 
has elapsed since his last re-registration. 

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

[Approved March 18, 1947.] 



CHAPTER 42. 



AN ACT RELATIVE TO SETTING OF TRAPS FOR TAKING FUR BEARING 
ANIMALS. 

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

1. Trapping. Amend chapter 244 of the Revised Laws by 
inserting after section 12 the following new section: 12-a. 
Time for Setting Traps. No person shall set or arrange any 
trap prior to the first day of the open season for trapping any 
particular fur-bearing animal. 

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

[Approved March 18, 1947.] 



1947] Chapters 43, 44 41 

CHAPTER 43. 

AN ACT RELATIVE TO BUILDING AND LOAN ASSOCIATION SHARES. 

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

1. Building and Loan Associations. Amend chapter 314 of 
the Revised Laws by inserting after section 5-a, as inserted 
by section 2, chapter 24, Laws of 1947, the following new 
section: 5-b. Shares. Such associations may issue savings 
shares in connection with accounts upon which payments may 
be made at the option of the shareholder. No person shall 
hold such savings shares in any one association with an aggre- 
gate participation value exceeding five thousand dollars. 

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

[Approved March 18, 1947.] 



CHAPTER 44. 



AN ACT RELATIVE TO FEDERAL REIMBURSEMENT FROM 
DECEDENT'S ESTATE FOR OLD AGE ASSISTANCE. 

Be it enacted by .the Senate fi'^d House of Representatives in 
General Court convened: 

1. Old Age Assistance. Amend section 19 of chapter 126 
of the Revised Laws by striking out the last sentence of said 
section and inserting in place thereof the following: The 
federal government shall be entitled, as long as required as a 
condition to federal financial participation, to such proportion 
of the net amount collected from the estate of a recipient of 
old age assistance as the federal participation bears to the 
total amount of assistance granted said recipient, so that said 
section as amended shall read as follows: 19. Recovery. 
If at any time during the continuance of assistance the re- 
cipient thereof or the husband or wife of the recipient be- 
comes possessed of any property or income in excess of the 
amount stated in the application, it shall be the duty of the 
recipient immediately to notify the commissioner of the re- 
ceipt or possession of such property or income. On the death 
of a recipient of old age assistance, the total amount of assist- 
ance paid under this chapter shall be allowed as a claim 



42 Chapter 45 [1947 

against the estate of such person after reasonable funeral ex- 
penses and the expenses of administering- the state have been 
paid. No claim shall be imposed against the real estate of a 
recipient of old age assistance while it is occupied as a home 
by a surviving spouse, or against any personal property of 
less than one hundred dollars in value. The federal govern- 
ment shall be entitled, as long as required as a condition to 
federal financial participation, to such proportion of the net 
amount collected from the estate of a recipient of old age 
assistance as the federal participation bears to the total 
amount of assistance gi'anted said recipient. 

2. Takes Effect. This act shall take effect upon its 
passage, provided that any net amount recovered from the 
estate of a recipient of old age assistance between October 1, 
1946, and the effective date of this act may be distributed in 
accordance with the provisions hereof. 

[Approved March 18, 1947.] 



CHAPTER 45. 

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. War Service Bonus. Amend section 6 of chapter 201 
of the Laws of 1943 by striking out said section and inserting 
in place thereof the following: 6. Bond Issue Authorized. 
In order to provide the funds for the payment of the bonus 
authorized hereunder, the sum of six miUion dollars, or so 
much thereof as may be necessary, is hereby appropriated, 
and the state treasurer is hereby authorized, under the 
direction of the governor and council, to borrow upon the 
credit of the state a sum not exceeding six million dollars and 
for that purpose may issue bonds or notes in the name and on 
behalf of the state. Such bonds or notes shall be deemed a 
pledge of the faith and credit of the state. 

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

[Approved March 19, 1947.] 



1947] Chapter 46 43 

CHAPTER 46.* 

AN ACT RELATIVE TO TAKING WILD DEER IN THE TOWN OF TILTON 
WITH RIFLE. 

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 1, chapter 135, Laws 
of 1943, and by section 1, chapter 31 and section 1, chapter 
69, Laws of 1945, and chapter 32, Laws of 1947, by inserting 
after the word "Belmont" in the eighteenth line the word, 
Tilton, 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 shotgun loaded with a single ball or 
loose buckshot within the counties of Hillsborough, Mer- 
rimack, Belknap or Rockingham, with the following ex- 
ceptions: the towns of Windsor, Hillsborough, 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, Canterbuiy, Hill, New London, Sutton, 
Bradford, Warner, Salisbury, Newbury, Webster, Allenstown, 
Pembroke, Loudon, Pittsfield, Epsom, Boscawen, Hopkinton, 
Dunbarton, Bow, Northfield, the eastern part of the town of 
Hooksett bounded on the northeast by AllenstowTi, east by 
Deerfield, southeast by Candia, and west by the old Ports- 
mouth Railroad, and Henniker and the city of Franklin in the 
county of Merrimack ; the to\\Tis of Sanbornton, Alton. Gilford. 
Gilmanton, Barnstead, Belmont, Tilton. Meredith. Center 
Harbor, and New Hampton in the county of Belknap, and 
the towns of Candia. Auburn, Deerfield, Northwood. Notting- 
ham, Raymond and Epping in the county of Rockingham. 

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

[Approved March 25, 1947.] 



See chapter 101, post. 



44 Chapters 47, 48 [1947 

CHAPTER 47. 

AN ACT RELATIVE TO LOADED GUNS CARRIED IN AUTOMOBILES, 
BOATS, AIRCRAFT OR OTHER CRAFT. 

Be it enacted by the Senate and House of Representatives i7i 
General Court convened: 

1. Loaded Guns. Amend section 6 of chapter 241 of the 
Revised Laws by striking" out the whole of said section and 
inserting- in place thereof the following: 6. Automobiles. 
No person shall take or attempt to take wild birds or wild 
animals from an automobile, boat, aircraft, or other craft 
propelled by mechanical power. No person shall carry in or 
on such automobile, boat, aircraft, or other craft a loaded 
rifle or loaded shotgun or a rifle or shotgun with a cartridge 
in the mag-azine or clip attached to gun. This section shall 
not apply to law enforcement officers carrying guns in the line 
of duty. 

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

[Approved March 25, 1947.] 



CHAPTER 48. 



AN ACT RELATIVE TO THE JURISDICTION OF JUDGES OF PROBATE 
IN CERTAIN CASES. 

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

1. Adoption of Minors. Amend section 1-a of chapter 345 
of the Revised Laws, as inserted by section 2, chapter 127, 
Laws of 1943, by striking out said section and inserting in 
place thereof the following: 1-a. Investigation. The 
register of probate shall send to the department of public 
welfare a copy of every petition for adoption of minors filed 
in probate court within seven days after it is filed. Said de- 
partment shall make, or cause to be made at its direction, an 
investigation to determine whether the petitioners and their 
home are suitable for the proper rearing of the child, due re- 
gard being given the race and religion of the child and the 
petitioners, and when ordered by the court said department 
shall make or cause to be made at its direction an investigation 



1947] Chapter 48 45 

to determine the condition and antecedents of the child for the 
purpose of ascertaining whether he is a proper subject for 
adoption. Said department shall submit to the court, not 
later than sixty days after the receipt of said petition such 
report as will give the court full knowledge as to the de- 
sirability of the proposed adoption. Such reports shall not be 
examined by any person not a party to the proceedings with- 
out an order from the court. In cases where the child has 
been placed for adoption by The New Hampshire Children's 
Aid Society or by The New Hampshire Catholic Charities, 
Inc., the judge of probate may at his discretion refer the 
case to the placing agency for investigation, which agency 
shall thereupon make the investigation and report herein- 
before required. When the woman petitioner in a petition 
for adoption of a minor is the natural mother of the child, 
the judge of probate may proceed to hearing and decree in 
the matter without the notice required by this section, pro- 
vided he is satisfied as to the identity and relationship of the 
parties, that the petitioners are of sufficient ability to bring 
up and properly to educate the child, and that it is fit and 
proper that the adoption should take eff'ect. 

2. Consent. Amend section 21 of chapter 130 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following : 21. Illegitimates. The mother of an 
illegitimate infant under three years of age, who is a resident 
of this state and who has previously borne a good character, 
may, by an instrument in writing, signed by her, and with the 
consent of the commissioner. The New Hampshire Children's 
Aid Society, or The New Hampshire Catholic Charities, Inc., 
give up such infant for adoption to any of the aforesaid 
agencies; and any of the aforesaid agencies may, if such 
action is deemed for the public interest, receive such infant 
and provide therefor on such conditions as they may impose. 
Such surrender by the mother shall operate as a consent by 
her to any adoption subsequently approved by such agency. 

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

[Approved March 25, 1947.] 



46 Chapters 49, 50 [1947 

CHAPTER 49. 

AN ACT RELATING TO ADEQUATE TOILET AND LAVATORY 
FACILITIES IN CERTAIN PLACES. 

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

1. Nuisances. Amend section 8, chapter 165, Revised 
Laws, by striking out all of said section and inserting in place 
thereof the following new section: 8. Toilets; Drains. No 
person shall occupy, lease to any other person, or permit any 
other person to occupy, a building or any part of a building 
as a dwelling house, office, store, shop, theater, public hall, 
sleeping apartment or tourist cabin, unless such building shall 
have readily accessible adequate toilet and lavatory facilities, 
properly ventilated and constructed, and kept in proper sani- 
tary condition ; and unless said building shall be provided with 
suitable drains or sewers for conveying waste water and 
sewage away from the premises into some public sewer, if 
there be one within one hundred feet thereof, and if not, for 
conveying it away underground or in some other manner that 
will not be oifensive. The phrase public sewer, as used in the 
chapter, shall be understood to mean any sewer constructed 
and maintained by taxation, or any sewer which is open for 
general use upon the payment of a rental, license or other fee. 

2. Takes Effect. This act shall take effect September 1, 
1947. 

[Approved March 25, 1947.] 



CHAPTER 50. 



AN ACT RELATING TO PUBLIC WATER SUPPLIES, ICE SUPPLIES AND 
SEWAGE DISPOSAL SYSTEMS. 

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

1. General Provisions for Protection of Sources of Water 
and Ice. Amend chapter 166 of the Revised Laws by adding 
after section 13, the following new section: 13-a. Enforce- 
ment. The state department of health shall have concurrent 
jurisdiction with local boards and officers to enforce the pro- 
visions of this sub-division. 



1947] Chapter 50 47 

2. Change of Amount. Amend section 1 of said chapter 
166 by striking out the word "twenty" in the sixth line and 
inserting in place thereof the words, five hundred, so that said 
section as amended shall read as follows: 1. Pollution. If 
a person shall place, leave, or cause to be placed or left, in or 
near a lake, pond, reservoir or stream tributary thereto, from 
which the water supply for domestic purposes of a city, town 
or village is taken, in whole or in part, any substance or fluid 
that may cause the water thereof to become impure or unfit 
for such purposes he shall be fined not more than five hundred 
dollars, or imprisoned not more than thirty days, or both. 

3. Water Supplies. Amend section 3 of said chapter 166 
by striking out all of said section after the word "year" in 
the eleventh line, so that said section as amended shall read 
as follows: 3. Wilful Pollution. Whoever knowingly and 
wilfully poisons, defiles, pollutes or in any way corrupts the 
waters or ice of any well, spring, brook, lake, pond, river or 
reservoir, used as the source of a public water or ice supply 
for domestic purposes, or knowingly corrupts the sources of 
the water of any water company or of any city or town 
supplying its inhabitants with water, or the tributaries of 
said sources of supply, in such a manner as to affect the purity 
of the water or ice so supplied at the point where the water 
or ice is taken for such domestic use, or puts the carcass of 
any dead animal or other offensive material into said waters 
or upon the ice thereof, shall be fined not more than one thou- 
sand dollars, or imprisoned not more than one year, 

4. Penalty. Amend section 7 of said chapter 166 by strik- 
ing out the word "twenty" in the third line and inserting in 
place thereof the words, five hundred, so that said section as 
amended shall read as follows: 7. Bathing. If any person 
shall bathe in such lake, pond or reservoir, within the limits 
prescribed for the protection of said water supply by the local 
or state board of health, he shall be fined not more than five 
hundred dollars, or imprisoned not more than six months. 

5. Change in Amount of Penalty. Amend section 18 of 
said chapter 166 by striking out all of said section and insert- 
ing in place thereof the following new section : 18. Penalty. 
Any person violating any regulations so established by the 
state board shall be fined not more than five hundred dollars, 
or imprisoned not more than six months, or both. 

6. Powers of State Board. Amend said chapter 166 by 



48 Chapter 50 [1947 

adding after section 21, the following new section: 21-a, 
Power to Require Improvements in Sewage Treatment. The 

state board is empowered to investigate the conditions and 
methods pertaining to existing systems of sewerage and 
sewage treatment works and to require the application of any 
treatment, improvement or enlargement of such facilities as 
will insure their proper operation and provide adequate pro- 
tection of the public health. Issuance of orders requiring 
changes or improvements in such sewerage systems or treat- 
ment works shall be in the manner as prescribed in section 21. 

7. Supreme Court. Amend section 22 of said chapter 166 
by striking out the word and figure "section 21" in the second 
line and inserting in place thereof the words and figures, sec- 
tions 21 and 21-a, so that said section as amended shall read 
as follows: 22. Appeal. Any person aggrieved by any de- 
cision, regulation, ruling or order made by the state board 
pursuant to the provisions of sections 21 and 21-a may appeal 
therefrom to the supreme court in accordance with the pro- 
visions of chapter 414. 

8. Institutions. Amend section 23 of said chapter 166 by 
adding at the end of said section the following: The fore- 
going provisions shall also be applicable to any institution, 
accommodating thirty or more people, which provides its own 
facilities as to water supply and sewage disposal, so that said 
section as amended shall read as follows: 23. New Con- 
struction. No person, proposing to supply water for domestic 
uses shall construct any new system, or enlarge any existing 
system, for supplying water to the public, or shall construct 
any public system of sewage disposal, without first submitting 
detailed plans of the proposed construction to the state board 
and securing its approval thereof. It shall be the duty of the 
said board to examine the topography and the watershed, and 
to make chemical and bacteriological analyses of the waters, 
of the proposed supply, before approval is granted. The fore- 
going provisions shall also be apphcable to any institution, 
accommodating thirty or more people, which provides its own 
facilities as to water supply and sewage disposal. 

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

[Approved March 25, 1947.] 



1947] Chapters 51, 52 49 

CHAPTER 51. 

AN ACT RELATING TO HEALTH OFFICERS. 

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

1. Local Health Officers. Amend section 2 of chapter 148 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 2. Residence. Said health 
officer shall be a resident of the state. The state board may 
appoint any qualified person to act in unorganized localities. 

2. Residence. Amend section 6, chapter 148 of the Re- 
vised Laws, by striking out the words "in one of said towns" 
in the third line and inserting in place thereof the words, of 
the state, so that said section as amended shall read as 
follows: 6. Officer for Several Towns. Upon recom- 
mendation of the selectmen of each of several towns the state 
board may, in its discretion, appoint any qualified person resi- 
dent of the state as health officer for all of said towns, and he 
shall receive such compensation from each town as the select- 
men thereof or the town shall fix. 

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

[Approved March 25, 1947.] 



CHAPTER 52. 



AN ACT MAKING A SUPPLEMENTAL APPROPRIATION FOR WELFARE 

EXPENSE OF THE STATE OF NEW HAMPSHIRE FOR THE 

YEAR ENDING JUNE 30, 1947. 

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

1. Appropriation. The sum hereinafter mentioned is 
appropriated to be paid out of the treasury of the state for 
the purpose specified for the fiscal year ending June 30, 1947, 
to wit: For public welfare as needed for old age assistance, 
aid to dependent children and aid to needy blind the sum of 
$500,000. 

2. Takes Effect. This act shall take effect as of March 1, 
1947. 

[Approved March 25, 1947.] 



50 Chapter 53 [1947 

CHAPTER 53. 

AN ACT RELATIVE TO TAKING LAKE TROUT AND SALMON. 

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

1. Change in Date. Amend section 4 of chapter 245 of 
the Revised Laws, as inserted by regulations promulgated by 
the fish and game director as of January 1, 1946, by striking 
out said section and inserting in place thereof the following: 
4. Salmon. Salmon not less than fifteen inches in length 
may be taken and possessed from April first to September 
first, and during the month of September by the use of 
artificial flies only except as specifically provided in the alpha- 
betical county list in section 22, provided that the taking of 
such species through the ice is prohibited except through a 
natural opening in the ice. 

2. Salmon and Lake Trout. Amend section 9 of said 
chapter 245 of the Revised Laws, as inserted by the regu- 
lations hereinbefore mentioned by striking out said section 
and inserting in place thereof the following: '9. Trolling. 
A person may troll with bait or artificial flies for either 
salmon or lake trout from April first to August thirty-first 
and by the use of artificial flies only during the month of 
September. 

3. Application of Statutes. Such provisions of section 22 
of said chapter 245, as so inserted, which prohibit trolling 
with the aid of a boat propelled by mechanical power in Big 
Squam lake. Lake Winnipesaukee, Lake Winnisquam, Lake 
Paugus and Newfound lake are hereby repealed. 

4. Lake Sunapee. In Lake Sunapee aureolus and square- 
tail trout of a size and in number as specified in said chapter 
245, as so inserted, may be taken from April first to August 
thirty-first provided that the taking of such species through 
the ice is prohibited except through a natural opening in the 
ice. 

5. Androscoggin River. In the Androscoggin river salmon 
may be taken as provided in said chapter 245, as so inserted, 
from May first to August thirty-first and by the use of arti- 
ficial flies only during September. 

6. Regulations. The provisions of said chapter 245, as so 
inserted by the regulations hereinbefore mentioned, applicable 



1947] Chapter 54 51 

to the taking of salmon, lake trout, aureolus and square-tail 
trout shall apply to taking- of the same under the provisions 
of this act except as may be inconsistent herewith. 

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

[Approved March 26, 1947.] 



CHAPTER 54. 

AN ACT RELATING TO THE FIREMEN'S RETIREMENT SYSTEM. 

Be it enacted by the Seriate unci House of Representatives in 
General Court convened: 

1. Extension of System. Amend section 5, chapter 220, 
Revised Laws, as amended by section 2, chapter 202, Laws of 
1945, by striking out said section and inserting in place there- 
of the following: 5. Extended Coverage. Permanent fire- 
men as of the date of the passage of this act, who were here- 
tofore unable to accept the provisions of this chapter at the 
time of becoming permanent firemen, because they were then 
over thirty-five years of age, which limitation was in effect 
prior to the passage of this act, may accept this chapter and 
make application to the retirement board as provided in sec- 
tion 4, within thirty days after the passage of this act and 
not thereafter. The assessments upon the salaries of such 
over-age permanent firemen shall be fixed by the retirement 
board as provided in section 9. Any person under fifty years 
of age who becomes a permanent fireman after the effective 
date of this act shall be deemed to have accepted the provisions 
of this chapter and to have consented to assessments upon 
his annual salary as determined by the retirement board, as 
a condition of employment. 

2. Rate of Assessment. Amend section 9, chapter 220, 
Revised Laws, by inserting after the word ''salary" in the 
fourth line the words, unless the retirement board shall 
establish a different rate. The retirement board may vary 
the rate, based upon actuarial tables established by it. The 
retirement board may change, from time to time, the actuarial 
table of assessments, if it finds such change necessary, based 
upon periodic actuarial valuations of the retirement system. 
In the cases of permanent firemen who accept this chapter 



52 Chapter 54 [1947 

or become subject thereto at ages in excess of thirty-five 
years, the retirement board shall establish individual rates of 
assessment based upon the respective ages of such persons 
and sound actuarial principles, so that said section as amended 
shall read as follows: 9. Assessments from Firemen. At 
the beginning of each fiscal year the retirement board shall 
fix the assessment upon the annual salaries of all permanent 
iiremen who accept the provisions of this chapter. The rate 
of assessment shall be four per cent of each permanent fire- 
man's annual salary, unless the retirement board shall estab- 
lish a different rate. The retirement board may vary the 
rate, based upon actuarial tables established by it. The re- 
tirement board may change, from time to time, the actuarial 
table of assessments, if it finds such change necessary, based 
upon periodic actuarial valuations of the retirement system. 
In the cases of permanent firemen who accept this chapter 
or become subject thereto at ages in excess of thirty-five 
years, the retirement board shall establish individual rates of 
assessment based upon the respective ages of such persons 
and sound actuarial principles. The board shall, in such 
manner as it may prescribe, give notice of the amount of 
assessment on each permanent fireman's salary to the treas- 
urer or other disbursing officer of the city, town or precinct 
where such permanent fireman is employed. All assessments 
under this section and the following section shall be payable 
in equal monthly installments on the last business day of 
each calendar month. It shall be the duty of the treasurer 
or other disbursing officer of a city, town or precinct which 
employs permanent firemen who accept the provisions of this 
chapter to withhold from the monthly salary of each such 
permanent fireman, and to pay to the retirement board an 
amount equal to the monthly assessment against such perma- 
nent fireman's salary, as before provided. All permanent 
firemen who shall accept the provisions hereof, by such 
acceptance agree that the treasurer or other disbursing officer 
shall have the power to withhold from their monthly salaries 
the amounts as aforesaid. 

3. State Contribution. Amend section 11, chapter 220, 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 11. Contribution of State to 
Retirement Fund. It shall be the duty of the comptroller in 
preparing the executive budget for each biennium to recom- 



1947] Chapter 54 53 

mend to the governor the appropriation of an amount not to 
exceed twenty-five thousand dollars for each fiscal year as a 
matching payment for payments made into the retirement 
fund on account of permanent firemen, plus an additional 
amount of two thousand five hundred dollars for each fiscal 
year, sufficient to meet the needs of this chapter. Donations 
to the retirement fund may be accepted by the state treasurer. 

4. Probationary Periods. Amend section 14, chapter 220, 
Revised Laws, by striking- out the words "probationary 
periods and" in the first and second lines so that said section 
as amended shall read as follows: 14. Limitation. The 
provisions of section 13 relative to credits for call firemen 
service shall be effective only in case of firemen who applied 
for benefits hereunder prior to August 1, 1939, and shall not 
apply to firemen who became entitled to such benefits after 
that date. 

5. Gainful Occupation. Amend section 16-a of chapter 220, 
Revised Laws, as inserted by section 4, chapter 202, Laws of 
1945, by adding at the end thereof the following: If the re- 
tirement board finds that any member retired on an ordinary 
disability allowance under this section is engaged in a gainful 
occupation paying more than the difference between his 
annual retirement allowance and his final annual salary prior 
to retirement not in excess of twenty-five hundred dollars, 
then his disability shall be deemed to have diminished and his 
retirement allowance shall be reduced to an amount which, 
together with the amount then being earned by him, shall 
equal his final annual salary at retirement, as stated above. 
If his earnings from such gainful occupation are later changed, 
his retirement allowance may be further modified by the re- 
tirement board; provided however, that his retirement allow- 
ance shall at no time exceed the original grant nor an amount 
which when added to the amount being earned by him 
equals his final annual salary at retirement, as stated above, 
so that said section as amended shall read as follows: 16-a. 
Ordinary Disability; Medical Examination. Upon the appli- 
cation 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 be- 
ginning with the date of his application to the benefits hereof 



54 Chapter 54 ([.1947 

to the date of his retirement; provided that, the physician or 
physicians designated 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 perma- 
nent 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 attained age sixty-five, refuses to submit to such 
medical examination, his retirement may be discontinued by 
the board, until his withdrawal of such refusal, and if his 
refusal continues for more than a year, all his rights in and 
to his pension may be revoked by the board. If the physician 
or physicians designated by the board report and certify that 
the disability beneficiary is again able to engage in fire duty, 
his retirement allowance shall be discontinued. On his re- 
instatement 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 continuous service. If the retirement board finds that 
any member retired on an ordinary disability allowance under 
this section is engaged in a gainful occupation paying more 
than the difference between his annual retirement allowance 
and his final annual salary prior to retirement not in ex- 
cess of twenty-five hundred dollars, then his disability shall 
be deemed to have diminished and his retirement allowance 
shall be reduced to an amount which, together with the 
amount then being earned by him, shall equal his final annual 
salary at retirement, as stated above. If his earnings from 
such gainful occupation are later changed, his retirement 
allowance may be further modified by the retirement board; 
provided however, that his retirement allowance shall at no 
time exceed the original grant nor an amount which when 
added to the amount being earned by him equals his final 
annual salary at retirement, as stated above. 

6. Designation of Beneficiary. Amend chapter 220, Re- 
vised Laws, by inserting after section 18 the following new 
section: 18-a. Beineficiary and Guardian. Any member 
(active or retired) may from time to time designate a new 



1947] Chapter 54 55 

beneficiary or beneficiaries to receive payments due under 
section 18. Every such designation of a new beneficiary must 
be made in writing to the secretary of the retirement board, 
and such change shall not take effect until received by the re- 
tirement board. After receipt of such change, the change 
shall relate back to and take effect as of the date thereof, 
whether or not the member be living at the time of its receipt 
by the retirement board, but without prejudice to the board 
on account of any payments made by it before receipt of such 
written change. If the beneficiary shall die before the mem- 
ber, the interest of such beneficiary shall vest in the estate of 
the member, unless otherwise provided in the written 
directions of the member to the board. If no beneficiary be 
named by a member, any payments due under section 18 shall 
vest in the estate of such member. Payments which are due 
a beneficiary under legal disabilities may be made to the legal 
guardian or conservator of a minor or incompetent beneficiary 
or to the parents or surviving parent as natural guardian of 
a minor for whom no legal guardian has been appointed; and 
such payments shall constitute a final settlement of all claims 
on account thereof and shall bar recovery thereof by any other 
person or persons. 

7. Withdrawal of Contributions. Amend chapter 220, Re- 
vised Laws, by inserting after section 19 the following new 
section: 20. Forfeiture. On and after April 1, 1947, any perma- 
nent fireman who has withdrawn his accumulated contribu- 
tions from the retirement fund while remaining in the status 
of a permanent fireman and not on account of retirement, 
withdrawal or dismissal from service as provided in sec- 
tion 18, shall thereby forfeit all right to future reinstatement 
to the benefits of this chapter. On and after said date no 
permanent fireman shall be entitled to withdraw his accumu- 
lated contributions to the fund while in service as a fireman. 
No benefit under this retirement system other than a return 
of contributions as provided in section 18 shall become pay- 
able to or on account of any member unless said member was 
in active service as an employee in the fire department at the 
time of becoming eligible for benefits hereunder. 

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

[Approved March 27, 1947.] 



56 Chapter 55 [1947 

CHAPTER 55. 

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 section 7 of 
chapter 334-A of the Revised Laws, as inserted by chapter 
166, Laws of 1943, by striking out said section and inserting 
in place thereof the following: 7. Management. The board 
of directors or trustees of a medical service corporation may 
consist of members of the public, subscribers, and such per- 
sons as may be nominated by the New Hampshire Medical 
Society and the Vermont Medical Society. The approval of 
said New Hampshire Medical Society shall be required for a 
majority of the directors or trustees who are residents of 
New Hampshire, and the approval of said Vermont Medical 
Society shall be required for a majority of the directors or 
trustees who are residents of Vermont. No medical service 
corporation shall impose any restrictions on physicians who 
administer to its subscribers as to its methods of diagnosis or 
treatment. No officer, agent or employee of a medical service 
corporation shall influence or attempt to influence a sub- 
scriber or a covered dependent in his choice of a participating 
physician. No medical service corporation shall be liable for 
injuries resulting from negligence, malfeasance, nonfeasance 
or malpractice on the part of any officer or employee or on the 
part of any physician in the course of rendering medical 
services to subscribers. No medical service corporation shall 
invest its funds otherwise than as provided in chapter 328 of 
the Revised Laws relating to the investments of domestic 
life insurance companies. Every medical service corporation 
shall have the power to contract with any hospital service 
corporation or with any insurance company approved by the 
insurance commissioner for the performance by such hospital 
service corporation or by such insurance company of any 
services necessary or incidental to the carrying on of medical 
service, provided the approval of the insurance commissioner 
therefor is obtained. Nothing in this chapter shall be con- 
strued as preventing any non-profit hospital plan organized 
under the provisions of chapter 334 of the Revised Laws from 
providing services incidental to hospital care. Any medical 



1947] Chapter 55 57 

plan operated by any branch of the New Hampshire Medical 
Society in any county in cooperation with the Farm Security 
Administration, shall not be affected by this chapter until 
such time as a medical service corporation is organized under 
this chapter and is operating- in such county for the benefit 
of subscribers. 

2. Participating Physicians. Amend section 8 of chap- 
ter 334-A of the Pvevised Laws, as inserted by chapter 166, 
Laws of 1943, by striking out said section and inserting in 
place thereof the following: 8. Agreements with Partici- 
pating Physicians. Any medical service corporation may enter 
into agreements with eligible persons whereby such persons 
become participating physicians of a plan operated by the cor- 
poration and may make to such persons such payments as shall 
have accrued by reason of services required to be performed 
under the plan and performed on behalf of the corporation by 
such person. No person shall become a participating physician 
unless he shall be a physician holding a full license to practice 
medicine in either the state of New Hampshire or the state 
of Vermont pursuant to the provisions of law in the state in 
which such physician resides. No payment for medical service 
shall be made to any natural person except to a participating 
physician; except that the corporation in case of emergency 
services may reimburse any physician for services rendered 
in accordance with the rates adopted by the board of trustees 
with respect to participating physicians, provided that the 
physician would be eligible to become a participating physician 
if in this state, or, if residing without the state, was duly 
licensed to practice medicine in the state where residing. Any 
medical service corporation may enter into contracts for the 
payment of medical services to the subscribers or members 
of similar non-profit medical service corporations of other 
states subject to the supervision of such other states, or of 
counties of this state in which the corporation does not trans- 
act business, and shall have the right to reimburse any other 
non-profit medical service corporation or physicians of an- 
other state or of counties of this state in which the corpo- 
ration does not transact business for services rendered to its 
subscribers and their dependents at the same rate paid 
participating physicians under the certificate of the sub- 
scriber. There shall be included in the minutes of the board 
of trustees or directors of every such organization a record 



58 Chapter 56 i[1947 

of the approval of payments to be made to participating 
physicians. The corporation shall maintain in its office com- 
plete records of all medical services rendered to subscribers 
and covered dependents in such form as will include the kind 
of services rendered, the amounts claimed for such services 
by the participating physicians and the amount paid by the 
corporation. No payment to any participating physician shall 
be authorized by the board of trustees or board of directors 
except in accordance with a plan of payments adopted by the 
board and recorded in the minutes of the meeting. 

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

[Approved March 27, 1947.] 



CHAPTER 56. 



AN ACT TO PROVIDE A LEGISLATIVE SERVICE FOR DRAFTING AND 
EXAMINING BILLS. 

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

1. Legislative Service. There is hereby established as an 
agency of the general court, but attached to the office of the 
attorney general for administration, a legislative service for 
the drafting of bills for members of both houses of the gen- 
eral court and for the checking and examination of bills prior 
to final engrossment. This service shall be in operation and 
available for members and committees of the general court 
during all regular biennial sessions and special sessions and 
during the month of December preceding each regular bi- 
ennial session. 

2. Organization. The attorney general shall prepare and 
organize such service prior to each session of the general 
court. He is hereby authorized to employ such additional 
personnel as he deems necessary to carry out the provisions 
hereof. 

3. Compensation. Any regular employee of the attorney 
general's office engaged in such legislative service shall re- 
ceive, in addition to his classified salary, such additional com- 
pensation for overtime work performed as the attorney gen- 
eral may determine, subject to the approval of the general 



1947] Chapter 57 59 

court. Personnel temporarily employed during a legislative 
session shall receive per diem pay at such rates as the 
attorney general may determine, subject to the approval of 
the general court. The additional compensation provided 
herein shall be a charge upon the appropriation for the legis- 
lature. 

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

[Approved March 27, 1947.] 



CHAPTER 57. 



AN ACT PROVIDING FOR THE ISSUANCE OF BIRTH REGISTRATION 
CARDS. 

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

1. Registmr of Vital Statistics. Amend chapter 337 of 
the Revised Laws by inserting after section 18, as inserted by 
chapter 194 of the Laws of 1943, the following new section: 
18-a. Birth Registration Cards. The registrar of vital 
statistics may issue to any person a card containing such in- 
formation relative to the date and place of birth of such per- 
son as may be on record in his office. Such cards shall be in 
such form as the registrar may determine. The fee for the 
issuance of any such card shall be fifty cents. 

2. Fees. Amend section 21 of chapter 337 of the Revised 
Laws, as inserted by chapter 194, Laws of 1943, by striking 
out said section and inserting in place thereof the following: 
21. Disposal of Fees. All fees collected by the registrar of 
vital statistics under the provisions of sections 18-a, 19 and 
20 shall be paid into the state treasury but shall be held in a 
special fund which shall be a continuing appropriation for the 
state department of health for the use of the division of 
vital statistics in issuing the birth registration cards and for 
other uses of said division. 

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

[Approved March 27, 1947.] 



60 Chapter 58 [1947 

CHAPTER 58. 

AN ACT RELATIVE TO REPORTS OF DELINQUENCIES IN PAYMENTS 
OF ACCOUNTS IN SALE OF BEVERAGES. 

Be it enacted by the Senate and House of Representatives in 
General Cou7't convened: 

1. Prohibitions. Amend chapter 170 of the Revised Laws 
by inserting after section 76 the following new section : 76-a. 
Limited Credits. Each holder of a manufacturer's or whole- 
saler's permit shall report to the commission the name and 
permit number of any on-sale or off -sale permittee who is 
delinquent in making payment of accounts within ten days, 
including Sundays and holidays, from the date of delivery of 
beverages on the premises of such on-sale and off-sale per- 
mittee. Each holder of a certificate of approval or manu- 
facturer's permit shall report to the commission the name 
and permit number of any holder of a wholesaler's permit who 
is delinquent in making payments of accounts within thirty 
days from the date of delivery of beverages on the premises 
of such holder of a wholesaler's permit. Such report to the 
commission shall include the amounts purchased and the 
dates when payments were due and shall be forwarded to the 
commission within five days after said accounts become 
delinquent. If the fifth day of the five-days reporting period 
is a Sunday or holiday the day following such Sunday or holi- 
day shall be considered as the fifth day of said five-days re- 
porting period. Each holder of a certificate of approval, a 
manufacturer's permit or a wholesaler's permit shall im- 
mediately notify the commission of the receipt of the pay- 
ment of any account which has been reported to the commis- 
sion as delinquent. Post-dated checks beyond the five-days 
reporting period herein provided shall not constitute payments 
of accounts for the purchases of beverages. Checks given in 
payment of beverages and which are returned for non-pay- 
ment after the five-days reporting period shall immediately 
constitute a delinquency as herein provided and shall be forth- 
with reported to the commission. Payments collected by 
solicitors or agents shall be reported as delinquent unless 
actually received at the place of business of the holder of a 
certificate of approval, manufacturer's permit or wholesaler's 
permit on or before the fifth day of the reporting period. 



1947] Chapter 59 61 

Payment of permittees' accounts by a holder of a solicitor's 
permit when not actually collected from the permittee shall 
constitute failure to comply with the provisions of this 
section. When collections are made by a solicitor or agent 
the sales slips or invoices shall be clearly receipted with the 
name of the person making the collection and the date of such 
collection. No holder of a certificate of approval, manu- 
facturer's permit, wholesaler's permit or solicitor's permit 
shall knowingly make any delivery of beverages to any per- 
mittee whose payments for purchases of beverages are re- 
ported as delinquent under the provisions hereof. The com- 
mission shall in such manner as it may deem advisable inform 
holders of certificates of approval, manufacturer's permits 
and wholesaler's permits of the names of permittees delin- 
quent under the provisions of this section. The commission 
may in its discretion withhold from such information names 
of delinquent permittees because of dispute over payments, 
agreements to liquidate which have been approved by the 
commission and for other reasons which the commission may 
deem proper. For each failure by a holder of a certificate of 
approval, manufacturer's permit, wholesaler's permit and 
solicitor's permit to comply with the provisions of this section, 
as may be determined by the commission, the sum of ten 
dollars shall be added to the fee provided for such permit un- 
der section 71 and shall be collected by the commission. 

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

[Approved March 27, 1947.] 



CHAPTER 59.* 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Employment. Amend (1) of subsection I, section 1, of 
chapter 218 of the Revised Laws, by striking out the whole of 
the same and inserting in place thereof the following : (1) Sub- 
ject to the other provisions of this subsection means service, 
including service in interstate commerce, performed for wages 
or under any contract of hire, written or oral, expressed or 



See cliapter 267, post. 



62 Chapter 59 [1947 

implied, together with service performed within the state 
which constitutes "employment" under the provisions of the 
Federal Unemployment Tax Act. Notwithstanding any other 
provisions of this subsection, the term employment shall also 
include all service performed after January 1, 1947 by an 
officer or member of the crew of an American vessel on or in 
connection with such vessel, provided that the operating 
office, from which the operations of such vessel operating on 
navigable waters within or within and without the United 
States is ordinarily and regularly supervised, managed, 
directed and controlled, is within this state. The term "em- 
ployment" shall include an individual's entire service per- 
formed within or both within and without this state : 

(a) If all or the greater part of such service is per- 
formed within this state; or 

(b) If that fact is not readily determinable by the 
commissioner, if some part of such service is performed in 
this state and the individual's base of operations or place 
from which his service is directed or controlled is in this 
state; or 

(c) If neither of the foregoing facts is readily de- 
terminable by the commissioner, if some part of such service 
is performed in this state and the individual's residence is in 

this state. 

2. Maritime Employment. Amend subparagraph (e), para- 
graph (4), subsection I, section 1 of said chapter 218, by 
striking out the whole of the same and inserting in place 
thereof the following: (e) Service as an officer or member 
of a crew of an American vessel performed on or in connection 
with such vessel, if the operating office, from which the 
operations of the vessel operating on navigable waters within 
or without the United States are ordinarily and regularly 
supervised, managed, directed and controlled, is without this 
state. 

3. Service in the Employ of the United States Govern- 
ment. Amend subparagraph (f), paragraph (4), subsection 
I, section 1 of said chapter 218, by striking out the words 
"social security board" and inserting in place thereof the 
words, social security administration, so that said subpara- 
graph as amended shall read as follows: (f) Service per- 
formed in the employ of the United States government or of 
an instrumentality of the United States which is (A) wholly 



1947] Chapter 59 63 

owned by the United States, or (B) exempt from the tax im- 
posed by section sixteen hundred of the Federal Internal 
Revenue Code by virtue of any other provision of law; pro- 
vided, that if this state should not be certified by the federal 
social security administration under section sixteen hundred 
and three of the United States Internal Revenue Code for 
any year, then the contributions required of any instru- 
mentalities of the United States government under this 
chapter with respect to such year shall be deemed to have 
been erroneously collected within the meaning of section 11-F 
of this chapter and shall be refunded by the commissioner 
from the fund in accordance with the provisions of said 
section 11-F. 

4. Most Recent Employer. Amend subsection L, section 1 
of said chapter 218, by striking out the word "two" and in- 
serting in place thereof the word, three, so that said sub- 
section as amended shall read as follows : L. "Most Recent 
Employer." The last employer from whom an individual in 
any one week has earned wages computed to the nearest dollar 
equal to or in excess of three dollars more than his weekly 
benefit amount. 

5. Total and Partial Unemployment. Amend paragraph 
(3), subsection N, section 1 of said chapter 218, by striking 
out the word "two" and inserting in place thereof the word, 
three, so that said paragraph as amended shall read as 
follows: (3) As used in this subsection, the term "wages" 
shall not include the first three dollars earned during any 
week. 

6. Wages. Amend subparagraph (a), paragraph (1), sub- 
section P, section 1 of said chapter 218, by striking out the 
whole of the same and inserting in place thereof the follow- 
ing: (a) For the purposes of paragraph (2) of this section, 
section 2-B, section 3-D, and section 6, of this chapter, that 
part of remuneration which, after remuneration equal to three 
thousand dollars has been paid to an individual by an em- 
ployer with respect to employment during any calendar year, 
is paid to such individual by such employer with respect to 
.employment occurring during such calendar year and after 
December 31, 1940 and prior to January 1, 1947; or that part 
of the remuneration which, after remuneration equal to three 
thousand dollars with respect to employment has been paid 
to an individual by an employer during any calendar year 



64 Chapter 59 [1947 

after 1946, is paid to such individual by such employer during 
such calendar year. 

7. Benefits. Amend paragraphs (1) and (2), subsection B, 
section 2 of said chapter 218 of the Revised Laws as amended 
by section 5, chapter 56 of the Laws of 1943, and by section 1, 
chapter 78 of the Laws of 1945, by striking out the whole of 
the same and inserting in place thereof the following: (1) 
Each eligible individual who is totally unemployed in any 
week shall be paid with respect to such week benefits in the 
amount shown in column B of the schedule delineated in this 
paragraph on the line on which in column A there is indicated 
the individual's annual wage class except as otherwise pro- 
vided in paragraph (2) of this subsection. The maximum 
total amount of benefits payable to any eligible individual 
during any benefit year shall be the amount shown in column 
C of the schedule delineated in this paragraph on the line on 
which in column A there is indicated the individual's annual 
wage class 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 


$138 


350.00 - 449.99 


7 


161 


450.00 - 549.99 


8 


184 


550.00 - 649.99 


9 


207 


650.00- 749.99 


10 


230 


750.00 - 849.99 


11 


253 


850.00 - 949.99 


12 


276 


950.00 - 1,049.99 


13 


299 


1,050.00-1,149.99 


14 


322 


1,150.00 - 1,249.99 


15 


345 


1,250.00 - 1,349.99 


16 


368 


1,350.00 - 1,449.99 


17 


391 


1,450.00 - 1,549.99 


18 


414 


1,550.00-1,649.99 


19 


437 


1,650.00 - 1,799.99 


20 


460 


1,800.00 - 1,999.99 


21 


483 


2,000.00 -and over 


22 


506 



(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 



1947] Chapter 59 65 

that figure for a period of two consecutive calendar months, 
each eUgible 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 para- 
graph on the line on which in column A there is indicated the 
individual's annual wage class. The maximum total amount 
of benefits payable to any eligible individual during any benefit 
year shall be the amount shown in column C of the schedule 
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 efi'ect on the 
first day of the month immediately following the two-month 
period in this paragraph above mentioned. 



A 




B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


in Base Period 


Amount 


Benefits 


$200.00 - 


349.99 


$6 


$96 


350.00 - 


449.99 


7 


112 


450.00 - 


549.99 


8 


128 


550.00 - 


649.99 


9 


144 


650.00 - 


749.99 


10 


• 160 


750.00 - 


849.99 


11 


176 


850.00 - 


949.99 


12 


192 


950.00 - 


1,049.99 


13 


208 


1,050.00 - 


1,149.99 


14 


224 


1,150.00- 


1,249.99 


15 


240 


1,250.00 - 


and over 


16 


256 



8. Repeal. Subsection D of section 2 of said chapter 218 
as amended by section 2, chapter 56 of the Laws of 1943, 
relative to benefits to persons upon termination of service in 
the military or naval forces of the United States, is hereby 
repealed. 

9. Benefits. Amend subsection E of section 2 of said 
chapter 218, by striking out the whole of said subsection, re- 
numbering, and inserting in place thereof the following: D. 
Transition from One Benefit Year to the Next Benefit 
Year. If any individual has received benefits for any week 
ending not earlier than seven days before the end of the bene- 
fit year, benefit payments shall not be interrupted and benefits 
shall be paid for the next succeeding week at the rate pro- 
vided for in the benefit year in which the last day of the pay- 



66 Chapter 59 ([1947 

able week is served, provided that the other requirements of 
this chapter are fulfilled. 

10. Benefit Eligibility Conditions. Amend subsection C, 
section 3 of said chapter 218 as amended by section 3, chapter 
56 of the Laws of 1943, by striking out the word "two" and in- 
serting in place thereof the word, three, so that said sub- 
section as amended shall read as follows: C He is able to 
work, and is available for work. Provided, however, that in 
the case of a pregnant woman she shall be deemed unavailable 
for work for a period not to exceed sixteen weeks beginning 
eight weeks prior to the expected date of childbirth as certi- 
fied by a legally licensed physician, and further provided that 
such period of unavailability shall be sooner terminated if sub- 
sequent to childbirth she earns in any one week wages in em- 
ployment equal to or in excess of three dollars more than her 
weekly benefit amount. 

11. Benefi.t Eligibility Conditions. Amend subsection D, 
section 3 of said chapter 218 as amended by section 4, chapter 
56 of the Laws of 1943, and by section 8, chapter 138 of the 
Laws of 1945, by striking out in the fifth line the word "two" 
and inserting in place thereof the word, three, so that said 
subsection as amended shall read as follows: D. Prior to 
any week for which he receives benefits he has been totally 
unemployed (and for the purposes of this subsection an in- 
dividual shall be deemed totally unemployed in any week in 
which he earns no wages in excess of three dollars) for a 
waiting period of one week within the same benefit year and 
fulfilled the other requirements of this section; provided that 
this requirement shall not interrupt the payment of benefits 
for consecutive weeks of unemployment because of a change 
in the benefit year, even though a change in the weekly bene- 
fit amount and maximum benefits is effected. For the pur- 
poses of this subsection, two weeks of partial unemployment 
shall be deemed equivalent to one week of total unemploy- 
ment. No week shall be counted as a week of total unemploy- 
ment for the purposes of this subsection: 

(1) If benefits have been paid with respect thereto; 

(2) Unless he has annual earnings of not less than two 
hundred dollars within the base period in accordance with sub- 
section P (2) of section 1. 

12. Disqualification for Voluntary Quit. Amend sub- 
section A, section 4 of said chapter 218, by striking out the 



1947] Chapter 59 67 

word "two" and inserting in place thereof the word, three, so 
that said subsection as amended shall read as follows: A. 
For the period of unemployment next ensuing after an in- 
dividual has left his work voluntarily without good cause in 
accordance with rules and regulations of the commissioner; 
and no waiting period may be served during such period. For 
the purposes of this section the "period of unemployment" 
shall continue until the individual has earned in any one week 
wages equal to or in excess of three dollars more than his 
weekly benefit amount. 

13. Disqualifications for Benefits. Amend subsection E, 
section 4 of said chapter 218 as amended by section 10, chap- 
ter 138 of the Laws of 1945, by striking out the whole of the 
same and inserting in place thereof the following: E. For 
any week with respect to which he is receiving or has received 
remuneration in the form of: 

(1) Wages in lieu of notice; or 

(2) A sickness or separation allowance; or 

(3) Benefits from a pension plan operated by the em- 
ployer; or 

(4) Compensation for temporary partial disability un- 
der the workmen's compensation law of any state or under a 
similar law of the United States ; or 

(5) Any payments, upon his discharge from military 
service, from either the state or federal government, or both ; 
Provided that if such remuneration is less than the benefits 
which would otherwise be due under this chapter, he shall be 
entitled to receive for such week, if otherwise eligible, bene- 
fits reduced by the amount of such remuneration. 

14. Initial Determination.. Amend subsection B, section 5 
of said chapter 218 as amended by section 11, chapter 138 of 
the Laws of 1945, by striking out the whole of the same and 
inserting in place thereof the following: B. Initial 
Determination. A representative designated by the com- 
missioner, and hereinafter referred to as a deputy, shall 
promptly examine the claim of an individual, and on the basis 
of the facts found by him, shall either determine whether or 
not such claim is valid, and if valid, the week with respect to 
which benefits shall commence, the weekly benefit amount 
payable and the maximum duration thereof, or shall refer 
such claim or any question involved therein to an appeal 
tribunal, which shall make its decision with respect thereto 



68 Chapter 59 i[1947 

in accordance with the procedure described in subsection C of 
this section. The deputy shall promptly notify the claimant 
and any other interested parties of the decision and the 
reasons therefor. The deputy may for good cause reconsider 
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 decision shall be final and benefits shall be paid 
or denied in accordance therewith. If an appeal is duly filed, 
benefits with respect to the period prior to the final decision 
of the appeal tribunal 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 regard- 
less of any appeal which may thereafter be taken, but if such 
decision is finally reversed, no employer's account shall be 
charged with benefits so paid. Furthermore, if such an appeal 
is duly filed, benefits with respect to weeks of unemployment 
not in dispute and benefits payable pursuant to a determi- 
nation or reconsidered determination in any amount not in 
dispute shall be paid promptly regardless of any appeal. 

15. Appeal to Courts. Amend subsection G, section 5 of 
said chapter 218, by striking out the whole of the same and 
inserting in place thereof the following: G. Appeal to 
Courts. Any interested party aggrieved by any decision in 
proceedings under the provisions of this chapter may, after 
exhaustion of other administrative remedies provided herein, 
and within ten days after the date of notification or mailing 
of such decision, appeal therefrom to the superior court for 
the county in which is located the employment bureau or 
branch in which the original claim was filed, the procedure to 
be followed in perfecting said appeal to be the same as the 
procedure provided for in an appeal from a decision of a 
municipal court. An appeal may be taken from the decision 
of the superior court to the supreme court in the same 
manner as is provided in civil actions. The commissioner may 
of his own motion transfer to the supreme court any question 



1947] Chapter 59 69 

of law arising in the administration of this chapter. A 
petition for judicial review shall not act as a supersedeas or 
stay unless the commissioner shall so order. Upon the final 
determination of such judicial proceeding, the commissioner 
shall enter an order in accordance with such determination. 

16. Separate Accounts. Amend the first paragraph of 
subsection C, section 6 of said chapter 218 as amended by 
section 1, chapter 178 of the Laws of 1943 and section 13, 
chapter 138 of the Laws of 1945, by striking out the whole 
of the same and inserting in place thereof the following: The 
commissioner shall maintain a separate account for each em- 
ployer and shall credit his account with all contributions paid 
by him or on his behalf. But nothing in this chapter shall 
be construed to grant any employer or individuals in his 
service prior claims or rights to the amounts paid by him into 
the fund either on his own behalf or on behalf of such in- 
dividuals. Benefits paid to an eligible individual shall be 
charged against the account of his most recent employer. If 
it is proven to the satisfaction of the commissioner that an 
individual after voluntarily leaving the employment of an em- 
ployer, without good cause attributable to such employer, but 
before the beginning of a compensable week, works within or 
without the state and earns in employment not subject to 
this chapter in any one week wages computed to the nearest 
dollar equal to or in excess of three dollars more than his 
weekly benefit amount and that such subsequent employment 
was not given expressly for the purpose of evading the bene- 
fit charges, then, there shall be no charge against that most 
recent employer, and benefits paid to the individual shall be 
charged against the fund. Benefits paid to an unemployed 
woman during the period of uninterrupted unemployment 
next ensuing after childbirth shall not be charged to the most 
recent 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 unless objections 
to such charges are received within thirty days after such 
notification has been mailed to the employer's last known 
address. 

17. General Experience Rating. Amend the fifth para- 
graph of subsection D, section 6 of said chapter 218 as 
amended by section 14, chapter 138 of the Laws of 1945, by 



70 Chapter 59 [1947 

sa-iking out the words "five million" and inserting in place 
thereof the words, eight million, so that said paragraph as 
amended shall read as follows : No employer shall be entitled 
to an experience rating under this subsection for any calendar 
year unless and until the balance in the unemployment com- 
pensation fund as of January 1 of such calendar year equals 
or exceeds eight million dollars; and further provided that no 
employer shall be entitled to the experience rating granted 
under this section unless and until there shall have been three 
consecutive calendar years immediately preceding the com- 
putation date throughout which the account of such employer 
was chargeable with benefits. 

18. Establishment and Control of Unemployment Compen- 
sation Fund. Amend subsection A, section 8 of said chapter 
218, by striking out the whole of the same and inserting in 
place thereof the following: A. Establishment and Con- 
trol. There is hereby created the unemployment compen- 
sation fund to be administered by the commissioner, subject 
to audit by the comptroller without liability on the part of 
the state beyond the amounts paid into and earned by the 
fund. This fund shall consist of all contributions collected 
under this chapter, together with any interest thereon 
collected pursuant to section 11-A of this chapter; all fines 
and penalties collected pursuant to this chapter and all in- 
terest earned upon any moneys in the fund ; any properties or 
securities acquired through use of moneys or securities be- 
longing to the fund; all earnings of such properties or securi- 
ties; and all other moneys received for the fund from any 
other source. All moneys in the fund shall be mingled and 
undivided. 

19. Duties and Powers of Commissioner. Amend the first 
paragraph of subsection B, section 9 of said chapter 218, by 
striking out the words "the first day of February" and insert- 
ing in place thereof the words, the thirtieth day of June, so 
that said paragraph as amended shall read as follows : It shall 
be the duty of the commissioner to administer this chapter 
and he shall have power and authority to adopt, amend, or 
rescind such rules and regulations, to employ such persons, 
make such expenditures, require such reports, make such in- 
vestigations, and take such other action as he deems neces- 
sary or suitable to that end. Such rules and regulations shall 
be eff"ective upon publication in the manner, not inconsistent 



1947] Chapter 59 71 

with the provisions of this chapter, which the commissioner 
shall prescribe. The commissioner shall determine his own 
organization and methods or procedure in accordance with the 
provisions of this chapter. Not later than the thirtieth day 
of June of each year, the commissioner shall submit to the 
governor a report covering the administration and operation 
of this chapter during the preceding calendar year and shall 
make such recommendations for amendments to this chapter 
as he deems proper. Such reports shall include a balance 
sheet of the moneys in the fund in which there shall be pro- 
vided, if possible, a reserve against the liability in future 
years to pay benefits in excess of the then current contri- 
butions, which reserve shall be set up by the commissioner in 
accordance with accepted actuarial principles on the basis of 
statistics of employment, business activity, and other relevant 
factors for the longest possible period. Whenever the com- 
missioner believes that a change in contribution or benefit 
rates will become necessary to protect the solvency of the 
fund, he shall promptly so inform the governor and the legis- 
lature, and make recommendations with respect thereto. 

20. State-Federal Co-operation. Amend the first para- 
graph of subsection K, section 9 of said chapter 218, by strik- 
ing out the whole of the same and inserting in place thereof 
the following: In the administration of this chapter, the 
commissioner shall co-operate to the fullest extent consistent 
with the provisions of this chapter, with the social security 
administration, created by the Social Security Act, as 
amended, and is authorized and directed to take such action, 
through the adoption of appropriate rules, regulations, ad- 
ministrative methods and standards, as may be necessary to 
secure to this state and its citizens all advantages available 
under the provisions of such act, under the provisions of sec- 
tion 1601 of the Federal Unemployment Tax Act and under 
the provisions of the Act of Congress entitled "An Act to pro- 
vide for the establishment of a national employment system 
and for co-operation with states in the promotion of such 
system, and for other purposes," approved June 6, 1933, as 
amended; shall make such reports in such form and contain- 
ing such information as the social security administration 
created by the said Social Security Act m.ay from time to 
time require, and shall comply with such provisions as the 
social security administration may from time to time find 



72 Chapter 59 [1947 

necessary to assure the correctness and verification of such 
reports; and shall comply with regulations prescribed by the 
social security administration governing the expenditures of 
such sums as may be allotted and paid to this state under 
Title III of the Social Security Act for the purpose of assist- 
ing in the administration of this chapter. 

21. Advisory Council. Amend section 9 of said chapter 
218 by inserting at the end thereof the following new sub- 
section: L. Advisory Council. There is hereby created 
within the unemployment compensation division an advisory 
council on unemployment compensation, hereinafter called the 
advisory council. The advisory council shall consist of seven 
members to be appointed upon recommendations of the com- 
missioner by the governor with the consent and advice of the 
governor's council. Three of the appointees of this advisory 
council shall be persons who, because of their vocations, em- 
ployment or affiliations, shall be classed as representing the 
point of view of employers; three shall be persons who, be- 
cause of their vocations, employment or affiliations, shall be 
classed as representing the point of view of employees; the 
remaining appointee, who shall be designated as chairman, 
shall be a person whose training and experience qualify him 
to deal with the problems of unemployment compensation. 
Such advisory council shall aid the commissioner in formu- 
lating policies and discussing problems related to the adminis- 
tration of this chapter and in assuring impartiality and free- 
dom from political influence in the solution of such problems. 

The term of office of each member of the advisory council 
shall be three years and until his successor is appointed and 
qualified. Provided that the first appointments hereunder 
shall be for the following terms: The chairman, one em- 
ployer representative and one employee representative, for a 
term of three years; one employer representative and one 
employee representative, for a term of two years; one em- 
ployer representative and one employee representative, for a 
term of one year. As these appointments expire, all appoint- 
ments shall be for three-year terms. In the event of a 
vacancy in the membership of said council, the appointment 
shall be made in the same manner and for the unexpired term. 
Members of said council shall serve without compensation 
but shall be reimbursed for any necessary expenses. 



1947] Chapter 59 73 

22. The Unemployment Compemsation and Employment 
Service Administration Fund. Amend section 10 of said 
chapter 218, by striking qut the words "social security board" 
wherever they may appear in said section and inserting in 
place thereof the words, social security administration, so 
that said section as amended shall read as follows: 10. The 
Unemploment Compensation and Employment Service Admin- 
istration Fund. A. Special Fund. There is hereby created 
in the state treasury a special fund to be known as the un- 
employment compensation and employment service admin- 
istration fund. All moneys which are deposited or paid into 
this fund shall be continuously available to the commissioner 
for expenditure in accordance with the provisions of this 
chapter, and shall not lapse at any time or be transferred to 
any other fund. All moneys in this fund which are received 
from the federal government or any agency thereof or which 
are appropriated by this state for the purposes described in 
section 9 of this chapter shall be expended solely for the pur- 
poses and in the amounts found necessary by the social 
security administration for the proper and efficient administra- 
tion of this chapter. The fund shall consist of all moneys 
appropriated by this state, all moneys received from the 
United States of America, or any agency thereof, including 
the social security administration, and all moneys received 
from any other source for such purpose, and shall also include 
any moneys received from any agency of the United States 
or any other state as compensation for services or facilities 
supplied to such agency, any amounts received pursuant to 
any surety bond or insurance policy or from other sources for 
losses sustained by the unemployment compensation and em- 
ployment service administration fund or by reason of damage 
to equipment or supplies purchased from moneys in such fund, 
and any proceeds realized from the sale or disposition of any 
such equipment or supplies which may no longer be necessary 
for the proper administration of this chapter. Such moneys 
shall be secured by the depositary by collateral in the full 
amount of the funds on deposit. Such security shall consist 
of (a) United States government obligations, direct or guar- 
anteed and (b) direct obligations of the state of New Hamp- 
shire. Such collateral security shall be pledged at not to 
exceed the face value of the obligation, and shall be kept 
separate and distinct from any collateral security pledged to 



74 Chapter 59 [1947 

secure other funds of the state. The state treasurer shall be 
liable on his official bond for the faithful performance of his 
duties in connection with the unemployment compensation and 
employment service administration fund provided for under 
this chapter. Such liability on the official bond shall be 
effective immediately upon the enactment of this provision, 
and such liability shall exist in addition to any liability upon 
any separate bond existent on the effective date of this pro- 
vision, or which may be given in the future. All sums re- 
covered on any surety bond for losses sustained by the un- 
employment compensation and employment service ad- 
ministration fund shall be deposited in said fund. 

B. Reimbursement of Fund. If any moneys received 
after June 30, 1941, from the social security administration 
under Title III of the Social Security Act, or any unencum- 
bered balances in the unemployment compensation administra- 
tion fund as of that date, or any moneys granted after that 
date to this state pursuant to the provisions of the Wagner- 
Peyser Act, or any moneys made available by this state or 
its political subdivisions and matched by such moneys granted 
to this state pursuant to the provisions of the Wagner-Peyser 
Act, are found by the social security administration because 
of any action or contingency, to have been lost or been ex- 
pended for purposes other than, or in amounts in excess of, 
those found necessary by the social security administration 
for the proper administration of this chapter, it is the policy 
of this state that such moneys shall be replaced by moneys 
appropriated for such purpose from the general funds of this 
state to the unemployment compensation administration fund 
for expenditure as provided in section 10-A. Upon receipt of 
notice of such a finding by the social security administration, 
the commissioner shall promptly report the amount required 
for such replacement to the governor and the governor shall 
at the earliest opportunity, submit to the legislature a request 
for the appropriation of such amount. This subsection shall 
not be construed to relieve this state of its obligation with 
respect to funds received prior to July 1, 1941, pursuant to 
the provisions of Title III of the Social Security Act. 

23. Collection of Contributions for Nonresident Employer. 
Amend subsection I, section 11 of said chapter 218, by strik- 
ing out the whole of the same and inserting in place thereof 
the following: I. Secretary of State Their Attorney. 



1947] Chapter 60 75 

Any nonresident employing unit who acquires the status of 
an employer under the provisions of this chapter or any resi- 
dent employing- unit who, after having acquired the status of 
an employer under the provisions of this chapter, removes 
himself from the state, shall be deemed to have appointed the 
secretary of state or his successor in office to be his true and 
lawful attorney upon whom may be served all lawful processes 
in any action or proceeding against him under the provisions 
of this chapter, and such acquirement shall be a signification 
of his agreement that any such process against him which is 
so served shall be of the same legal force and validity as if 
served on him personally. Service of such process shall be 
made by leaving a copy of the process in the hands of the 
secretary of state or in his office, and such service shall be 
sufllicient service upon said employing unit; provided, that 
notice of such service and a copy of the process are forth- 
with sent by registered mail by the plaintiff to the defendant, 
and the defendant's return receipt and the plaintiff's affidavit 
of compliance therewith are appended to the writ and entered 
therewith. The secretary of state shall keep a rcord of all 
such processes, which shall show the date and hour of service. 

24. Effective Date. This act shall take effect as of April 1, 
1947, provided that benefits for all payable weeks ending after 
the effective date of said act shall be paid and treated in all 
respects in accordance with the provisions of the unemploy- 
ment compensation law as amended by this act. 

[Approved March 31, 1947.] 



CHAPTER 60. 



AN ACT RELATIVE TO HUNTING AND FISHING LICENSES FOR 
TOTALLY DISABLED WAR VETERANS. 

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

1. Hunting and Fishing Licenses. Amend chapter 247 of 
the Revised Laws by inserting after section 6 the following 
new section: 6-a. Veterans. If the applicant for a fish- 
ing and hunting license is a resident of the state, has received 
a discharge other than dishonorable from service in any war 
in which the United States has been engaged and is totally and 



76 Chapter 61 [1947 

permanently disabled from such service connection the 
director may issue a special veterans' license to said applicant, 
free of charge. Said special license shall be for a period of 
one year only but may be renewed annually by the director 
so long as the applicant meets the requirements of this 
section. 

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

[Approved April 1, 1947.] 



CHAPTER 61. 



AN ACT RELATIVE TO PROTECTION FROM ADULTERATED AND 
MISBRANDED FOODS. 

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

1. Definitions. Amend section 2 of chapter 164 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 2. Terms Defined. As used in this 
chapter the following words shall have the following mean- 
ings: 

I. The term "food" means (1) articles used for food or 
drink for man or other animals, (2) chewing gum, and (3) 
articles used for components of any such article. 

II. The term "drug" means (1) articles recognized in 
the official United States Pharmacopoeia, official National 
Formulary, or any supplement to any of them; and (2) 
articles intended for use in the diagnosis, cure, mitigation, 
treatment or prevention of disease in man or other animals, 
or for toilet or disinfectant use; and (3) articles (other than 
food) intended to affect the structure or any function of the 
body of man or other animals; and (4) articles intended for 
use as a component of any article specified in clause (1), (2) 
or (3) ; but does not include devices or their components, parts 
or accessories; except that such term shall not include soaps. 

III. The term "label" means a display of written, printed 
or graphic matter upon the immediate container of any 
article ; and a requirement made by or under authority of this 
chapter that any word, statement, or other information 
appear on the label shall not be considered to be complied with 



1947] Chapter 61 77 

unless such word, statement, or other information also 
appears on the outside container or wrapper, if any there be, 
of the retail package of such article, or is easily legible through 
the outside container or wrapper. The term "immediate con- 
tainer" does not include package liners. 

IV. The term "labeling" means all labels and other 
written, printed, or graphic matter (1) upon an article or any 
of its containers or wrappers, or (2) accompanying such 
article. 

V. The term "board" means the state board of health. 

VI. If an article is alleged to be misbranded because the 
labeling is misleading, then in determining whether such label- 
ing is misleading there shall be taken into account (among 
other things) not only representations made or suggested by 
statement, word, design, device, sound, or any combination 
thereof, but also the extent to which such labeling fails to re- 
veal facts material in the light of such representations or 
material with respect to consequences which may result from 
the use of the article to which such labeling relates under the 
conditions of use prescribed in the labeling thereof or under 
such conditions of use as are customary or usual. 

VII. The representation of a drug, in its labeling, as an 
antiseptic shall be considered to be a representation that it is 
a germicide, except in the case of a drug purporting to be, or 
represented as, an antiseptic for inhibitory use as a wet dress- 
ing, ointment, dusting powder, or such other use as involves 
prolonged contact with the body. 

VIII. The term "contaminated with filth" applies to any 
food or drug not securely protected from dust, dirt, and as far 
as may be necessary by all reasonable means, from all foreign 
or injurious contaminations. 

IX. The provisions of this chapter regarding the selling 
of foods or drugs, shall be considered to include the manu- 
facture, production, processing, packing, exposure, offer, 
possession, and holding of any such article for sale; and the 
sale, dispensing, and giving of any such article ; and the supply- 
ing or applying of any such articles in the conduct of any food 
or drug establishment. 

X. The term "federal act" means the Federal Food, Drug 
and Cosmetic Act (Title 21 U. S. C. 301 et seq.; 52 Stat. 1040 
et seq.). 



78 Chapter 61 [1947 

2. Foods. Amend section 3 of said chapter 164 as amended 
by chapter 60 of the Laws of 1943, by striking out said section 
and inserting in place thereof the following: 3. Adulter- 
ations, Foods. For the purposes of this chapter an article of 
food shall be deemed to be adulterated : 

I. (1) If it bears or contains any poisonous or delete- 
rious substance which may render it injurious to health; but 
in case the substance is not an added substance such food shall 
not be considered adulterated under this clause if the quan- 
tity of such substance in such food does not ordinarily render 
it injurious to health; or (2) if it bears or contains any added 
poisonous or added deleterious substance which is unsafe with- 
in the meaning of paragraph VI hereof; or (3) if it consists in 
whole or in part of a diseased, contaminated, filthy, putrid or 
decomposed substance, or if it is otherwise unfit for food; 
or (4) if it has been produced, prepared, packed or held under 
insanitary conditions whereby it may have become contami- 
nated with filth, or whereby it may have been rendered dis- 
eased, unwholesome or injurious to health; or (5) if it is the 
product of a diseased animal or of an animal which has died 
otherwise than by slaughter, or that has been fed upon the un- 
cooked offal from a slaughterhouse; or (6) if its container is 
composed, in whole or in part, of any poisonous or deleterious 
substance which may render the contents injurious to health. 

II. (1) If any valuable constituent has been in whole 
or in part omitted or abstracted therefrom ; or (2) if any sub- 
stance has been substituted wholly or in part therefor; or (3) 
if damage or inferiority has been concealed in any manner ; or 
(4) if any substance has been added thereto or mixed or 
packed therewith so as to increase its bulk or weight, or reduce 
its quality of strength or make it appear better or of greater 
value than it is. 

III. If it falls below the standard of purity, quality, or 
strength which it purports or is represented to possess. 

IV. If it is confectionery and it bears or contains any 
alcohol or non-nutritive article or substance except harmless 
coloring, harmless flavoring, harmless resinous glaze not in 
excess of four-tenths of 1 per cent, harmless natural gum, and 
pectin; provided that this paragraph shall not apply to any 
confectionery by reason of its containing less than one-half of 
1 per cent by volume of alcohol derived solely from the use of 



1947] Chapter 61 79 

flavoring extracts, or to any chewing- gum by reason of its con- 
taining harmless non-nutritive masticatory substances. 

V. If it bears or contains a coal-tar color other than one 
that is harmless and suitable for use in food, as provided by 
regulations promulgated under authority of the federal act. 

VI. Any poisonous or deleterious substance added to any 
food except where such substance is required in the production 
thereof or cannot be avoided by good manufacturing practice, 
shall be deemed to be unsafe for purposes of the application 
of clause (2) of paragraph I; but when such substance is so 
required or cannot be so avoided, the board shall promulgate 
regulations limiting the quantity therein or thereon to such 
extent as the board finds necessary for the protection of public 
health, and any quantity exceeding the limits so fixed shall 
also be deemed to be unsafe for purposes of application of 
clause (2) of paragraph I. While such a regulation is in effect 
limiting the quantity of any such substance in the case of any 
food, such food shall not, by reason of bearing or containing 
any added amount of such substance, be considered to be 
adulterated within the meaning of clause (1) of paragraph I. 
In determining the quantity of such added substance to be 
tolerated in or on different articles of food, the board shall take 
into account the extent to which the use of such substance is 
required or cannot be avoided in the production of each such 
article and the other ways in which the consumer may be 
affected by the same or other poisonous or deleterious sub- 
stances. 

3. Repeal. Section 4 of chapter 164 of the Revised Laws, 
relative to adulterated confections, is hereby repealed. 

4. Foods. Amend section 7 of said chapter 164 by striking 
out the same and inserting in place thereof the following: 7. 
Foods Misbranded. Foods shall be deemed to be misbranded 
in the following cases: 

I. If its labeling is false or misleading in any particular. 

II. If it is offered for sale under the name of another 
article. 

III. If it is an imitation of another food, unless its label 
bears, in type of uniform size and prominence, the word "imita- 
tion" and, immediately thereafter, the name of the food 
imitated. 



80 Chapter 61 £1947 

IV. If its container is so made, formed, or filled as to be 
misleading-. 

V. If in package form, unless it bears a label containing 
(1) the name and place of business of the manufacturer, 
packer, or distributor; (2) an accurate statement of the quan- 
tity of the contents in terms of weight, measure, or numerical 
count; provided that under clause (2) of this paragraph reason- 
able variations shall be permitted, and exemptions as to small 
packages shall be established, by regulations prescribed by 
the board. 

VI. If any word, statement, or other information re- 
quired by or under authority of this chapter to appear on the 
label or labeling is not prominently placed thereon with such 
conspicuousness (as compared with other words, statements, 
designs, or devices, in the labeling) and in such terms as to 
render it likely to be read and understood by the ordinary in- 
dividual under customary conditions of purchase and use. 

VII. If it purports to be or is represented as a food for 
which a definition and standard of identity has been prescribed 
by regulations as provided by section 12, unless (1) it con- 
forms to such definition and standard, and (2) its label bears 
the name of the food specified in the definition and standard, 
and, in so far as may be required by such regulations, the com- 
mon names of optional ingredients (other than spices, flavor- 
ing, and coloring) present in such food. 

VIII. If it purports to be or is represented as (1) a food 
for which a standard of quality has been prescribed by regu- 
lations as provided by section 12, and its quality falls below 
such standard, unless its label bears, in such manner and form 
as such regulations specify, a statement that it falls below 
such standard ; or (2) a food for which a standard or standards 
of fill of container have been prescribed by regulation as pro- 
vided by section 12 and it falls below the standard of fill of 
container applicable thereto, unless its label bears, in such 
manner and form as such regulations specify, a statement that 
it falls below such standard; (3) a food for which no definition 
and standard of identity and no standard of quality have been 
prescribed by regulations as provided by section 12 and it falls 
below the standard of purity, quality or strength which it pur- 
ports or is represented to possess. 

IX. If it is not subject to the provisions of paragraph VII 



1947] Chapter 62 81 

of this section, unless its label bears (1) the common or usual 
name of the food, if any there be, and (2) in case it is fabri- 
cated from two or more ingredients, the common or usual 
name of each such ingredient; except that spices, flavorings 
and colorings, other than those sold as such, may be designated 
as spices, flavorings, and colorings without naming each; pro- 
vided that, to the extent that compliance with the require- 
ments of clause (2) of this paragraph is impractical or results 
in deception or unfair competition, exemptions shall be estab- 
hshed by regulations promulgated by the board; provided, 
further, that the requirements of clause (2) of this paragraph 
shall not apply to any carbonated beverage the ingredients of 
which have been fully and correctly disclosed, to the extent 
described by said clause (2), to the board in an affidavit. 

X, If it purports to be or is represented for special 
dietary uses, unless its label bears such information concern- 
ing its vitamin, mineral, and other dietary properties as the 
board determines to be, and by regulations prescribes as, 
necessary in order to fully inform purchasers as to its value for 
such uses. 

XL If it bears or contains any artificial flavoring, 
artificial coloring, or chemical preservative, unless it bears 
labeling stating that fact; provided that to the extent that 
compliance with the requirements of this paragraph is im- 
practicable, exemptions shall be established by regulations 
promulgated by the board. 

5. Takes Effedt. This act shall take effect July 1, 1947. 
! [Approved April 1, 1947.] 



CHAPTER 62. 

AN ACT RELATING TO BULKY ARTICLE ATTACHMENTS. 

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

1. Liability. Amend section 23 of chapter 388, Revised 
Laws, by adding at the end thereof the following: The officer 
upon completion of the attachment in the manner herein pro- 
vided shall be under no duty to care for or preserve the 
attached property unless requested by the attaching creditor, 
who shall be responsible for all reasonable costs and expenses 



82 Chapter 63 :[1947 

incurred by the officer, including- his reasonable fees, in com- 
plying- with such request ; so that said section as amended shall 
read: 23. Bulky Articles, etc. The officer taking posses- 
sion to levy upon or attaching any live stock or articles which, 
by reason of their size, situation, fluidity, explosive or in- 
flammable qualities, including motor vehicles, trucks, trailers, 
and tractors, are incapable of being conveniently taken into 
actual possession may, within forty-eight hours thereafter, 
leave an attested copy of the writ, and of his return of such- 
taking possession or such attachment thereon, at the home 
or office of the town clerk in the same manner as attachment 
of real estate is made, except as to the place of filing the 
copy; and in such cases the attachment shall not be dissolved 
or defeated by any neglect of the officer to take actual posses- 
sion of the property. The officer upon completion of the 
attachment in the manner herein provided shall be under no 
duty to care for or preserve the attached property unless re- 
quested by the attaching- creditor, who shall be responsible 
for all reasonable costs and expenses incurred by the officer, 
including his reasonable fees, in complying with such request. 

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

[Approved April 1, 1947.] 



CHAPTER 63. 



AN ACT RELATIVE TO THE STATUS OF EMPLOYEES OF THE STATE 

EMPLOYMENT SERVICE AS MEMBERS OF THE STATE 

EMPLOYEES RETIREMENT SYSTEM. 

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

1. Stable Employees Retirement System. Amend chapter 
27-A of the Revised Laws, as inserted by chapter 183 of the 
Laws of 1945, by inserting after section 3 the following new 
section: 3-a. Employment Service. Any employee who 
was on the payroll of the state as of December 31, 1941, and 
who was involuntarily transferred to federal service when the 
federal government took over the employment offices of the 
state and who subsequently returned to the payroll of the 
state as of November sixteenth, 1946, shall, if he so elects, 



1947] Chapter 64 83 

be deemed to be an employee as of the date of establishment 
and entitled to service credit, provided he shall have made 
payments to the system in the same amounts and during the 
same periods as other state employees who were members 
at the date of establishment have made, and further pro- 
vided that there shall be paid to the system without expense 
to the state such sums as may be needed to provide the state's 
share of the amounts necessary to cover employees of said 
employment service who elect to join the system and be en- 
titled to credit for service since the date of establishment and 
during such federal service. Any employee, as above de- 
scribed, shall make his election as above provided and pay 
the sums required hereunder prior to July 1, 1947, or his 
rights under the provisions hereof shall terminate. 

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

[Approved April 1, 1947.] 



CHAPTER 64. 

AN ACT RELATING TO AERONAUTICS PROSECUTIONS. 

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

1. Limitation. Amend paragraph II of section 26 of 
chapter 132, of the Revised Laws as amended by chapter 23, 
Laws of 1945, by adding at the end thereof the words, or an 
aeronautics law, so that said paragraph as amended shall read 
as follows: II. 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 or an aeronautics law. 

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

[Approved April 1, 1947.] 



84 Chapters 65, 66 [1947 

CHAPTER 65. 

AN ACT RELATING TO NEGLECT OF CHILDREN. 

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

1. Parent ar Guardian Responsible for Neglected Child. 

Amend chapter 132 of the Revised Laws by inserting after 
section 12 the following new section: 12-a. Penalty. Any 
parent, or guardian, or person having the custody or control 
of a child, who is responsible for the condition which results 
in a child being found neglected as defined in section 2, except 
in a case where said condition was caused by financial inability 
to provide necessary care for said child, shall be fined not 
more than five hundred dollars or imprisoned not more than 
one year, or both. The court may release such person 
on probation, subject to such orders as it may make con- 
cerning future conduct, or it may suspend sentence, or be- 
fore trial, with his consent, it may allow him to enter into a 
recognizance, in such penal sum as the court may fix, condi- 
tioned for the promotion of the future welfare of the child, 
and the said case may then be placed on file. 

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

[Approved April 1, 1947.] 



CHAPTER 66. 

AN ACT RELATIVE TO REPORTS TO BOARD OF PROBATION RELATIVE 
TO DELINQUENCY OF CHILDREN. 

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

1. Juvenile Courts. Amend chapter 132 of the Revised 
Laws by inserting after section 13-a, as inserted by chapter 
25, Laws of 1943, the following new section: 13-b. Reports. 
The court shall forward monthly to the board of probation on 
forms provided by said board such statistical data concerning 
children who have been adjudged delinquent as may be re- 
ijuired by said board in making its biennial report relative 
to number, age, sex, and types of delinquencies of children 
provided such data shall not include any reference to the 
names of such delinquents. The publication of such data 



1947] Chapters 67, 68 85 

shall not be deemed to be in violation of the provisions of 
section 13. 

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

[Approved April 1, 1947.] 



CHAPTER 67. 

AN ACT RELATING TO THE JURISDICTION OF MUNICIPAL COURTS. 

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

1. Trial by Jury; How Claimed. Amend section 19 of 
chapter 377 of the Revised Laws by striking out the words 
"within such reasonable time as may be prescribed by rule 
of court" and by inserting in place thereof the words, within 
five days from the entry thereof or such additional time as 
the municipal court for good cause may allow, so that as 
amended said section shall read: 19. Transfer to Superior 
Court. If the defendant, upon entry of any action in which 
he has a constitutional right to trial by jury, shall, within 
five days from the entry thereof or such additional time as 
the municipal court for good cause may allow, file a written 
request for trial by jury, the cause shall be at once transferred 
to the superior court for said county, to be there heard and 
tried as if originally entered therein, the cost of entering 
said cause in the municipal court and transferring the same 
to be paid in the first instance by the plaintiff, but to be 
taxed in the bill of costs when the case is finally determined. 

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

'[Approved April 1, 1947.] 



CHAPTER 68. 

AN ACT RELATING TO REPORTS OF THE CUT OF FOREST PRODUCTS. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Forest Products. Amend section 66, chapter 233, 

Revised Laws by striking out said section and inserting in 

place thereof the following: 66. Report of Cut. Every 



86 Chapter 69 [1947 

person operating- or causing to be operated any timber, cord- 
wood or pulpwood, except for domestic use and not for sale 
or conversion into products for sale, shall during the month 
of January of each year render a report to the forestry and 
recreation commission, giving in separate items the amount 
of softwoods and hardwoods cut within the state by or for 
him during the preceding calendar year. Owners or operators 
of sawmills and other wood-using industries may be required 
to render similar annual reports. Information contained in said 
reports shall not be made public in so far as the same applies 
to individuals. 

2. Takes Effect. This act shall take effect July 1, 1947. 

([Approved April 3, 1947.] 



CHAPTER 69. 



AN ACT RELATING TO THE USE OF SILENCING DEVICES IN THE 
TAKING OF GAME. 

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

1. Taking- Game. Amend chapter 241 of the Revised Laws 
by adding after section 3 the following new section: 3-a. 
Silencing Devices. No person shall sell, offer for sale, use, 
have in his possession, any g-un, pistol, or other firearm fitted 
or contrived with any silencer or device for deadening the 
sound of explosion. Nothing in this section shall prohibit the 
use of a muzzle brake, polychoke, or compensator. 

2. Penalties. Amend section 45 of said chapter 241 by 
adding at the end thereof the following new sentence: A per- 
son who violates the provisions of section 3-a shall be fined 
not more than two hundred dollars or imprisoned not more 
than six months, or both, and shall forfeit such firearms and 
silencing devices, so that said section as amended shall read 
as follows: 45. Penalties. A person who violates a pro- 
vision of this chapter shall be fined as follows: For each 
violation of sections 2 to 4 inclusive, and sections 6 to 9 in- 
clusive, ten dollars, and five dollars additional for each fish, 
bird or animal, or part thereof bought, sold, offered for sale 
or transported contrary to the provisions thereof; for each 
violation of sections 5, 10, 11, 12, 13, 17, 18, 19, 25, 33 and 



1947] Chapters 70, 71 87 

34, not more than fifty dollars; for each violation of any rule 
or regulation of the director, except as otherwise provided in 
this title, ten dollars; and for each violation of any provision 
of this title for which a penalty is not otherwise provided, ten 
dollars. A person who violates the provisions of section 3-a 
shall be fined not more than two hundred dollars or im- 
prisoned not more than six months, or both, and shall forfeit 
such firearms and silencing devices. 

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

l[Approved April 3, 1947.] 



CHAPTER 70. 



AN ACT RELATING TO TRUSTEES AND OFFICERS OF SAVINGS 
BANKS. 

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

1. Salaries. Section 5 of chapter 309 of the Revised Laws 
relative to limitation on salaries of officers and employees of 
savings banks is hereby repealed. 

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

[Approved April 3, 1947.] 



CHAPTER 71. 



AN ACT RELATIVE TO SO-CALLED WRITE-IN POLITICAL 
CANDIDATES. 

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

1. Acceptance of Nomination. Amend section 49 of chap- 
ter 33 of the Revised Laws by adding at the end thereof the 
following: and shall enclose a stamped return post card con- 
taining an assent to candidacy, for the use of the candidate. 
A person so notified shall advise the secretary of state, in 
writing, of his acceptance of said nomination, said acceptances 



88 Chapter 72 {1947 

to be post marked, or filed with the secretary of state within 
four days from the date of mailing of such notification, other- 
wise he shall be deemed to have refused such nomination and 
his name shall not appear on the official ballot as a candidate 
for said office, so that said section as amended shall read as 
follows: 49. Personal Notice. In addition to publication as 
required by section 48, the secretary of state shall notify in 
writing each person of his nomination as candidate for any 
office for which he did not file a declaration of candidacy or 
primary petition, and shall enclose a stamped return post card 
containing an assent to candidacy, for the use of the candidate. 
A person so notified shall advise the secretary of state, in writ- 
ing, of his acceptance of said nomination, said acceptances to 
be post marked, or filed with the secretary of state within 
four days from the date of mailing of such notification, other- 
wise he shall be deemed to have refused such nomination and 
his name shall not appear on the official ballot as a candidate 
for said office. 

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

'[Approved April 8, 1947.] 



CHAPTER 72. 

AN ACT RELATING TO THE HOMESTEAD RIGHT. 

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

1. Increase. Amend section 1, chapter 260, Revised Laws, 
by striking out said section and inserting in place thereof the 
following: 1. Amount. Every person is entitled to one 
thousand dollars' worth of his homestead, or of his interest 
therein, as a homestead right. 

2. Takes Eifect. This act shall take effect January 1, 
1948, but shall not apply to attachments, sales on execution or 
levies made and to other liens accrued, prior to such date. 

[Approved April 8, 1947.] 



1947] Chapters 73, 74 89 

CHAPTER 73. 

AN ACT RELATING TO PENALTY CONCERNING 
OBSCENE LITERATURE. 

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

1. Increase of Penalty. Amend section 17 of chapter 441, 
Revised Laws, by striking out the word "one" in the second 
line and inserting in place thereof the word, five, so that said 
section as amended shall read as follows: 17. Penalty. If 
any person shall violate any of the provisions of the three pre- 
ceding sections he shall be fined not more than five hundred 
dollars, or imprisoned not more than six months, or both. 

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

[Approved April 8, 1947.] 



CHAPTER 74. 



AN ACT RELATING TO THE POWER OF CITIES AND TOV^NS TO 
INSTALL PARKING METERS. 

Be it enacted hy the Senate and House of Representatives in 
Genenal Court convened: 

1. Parking Meters. The city council of any city shall have 
the power to authorize the installation of parking meters on 
any street or public parking area and the power to establish 
reasonable charges for parking to be paid through such 
meters. Towns likewise may at any legal meeting vote to 
authorize the installation of parking meters and establish 
reasonable charges for parking to be paid through such 
meters. 

2. Revenue. The revenue derived from the use of such 
meters shall be expended to finance the purchase, maintenance 
and policing of such meters or to maintain and improve streets 
and highways, or to acquire, construct, improve, maintain and 
manage public parking areas, or for any combination of the 
foregoing purposes, but for no purpose not expressly author- 
ized herein. 

3. Exeter Police Commission. The police commission of 



90 Chapters 75, 76 l[1947 

the town of Exeter shall have the same powers as are granted 
to city councils of cities under the provisions of section 1. 
The provisions of section 1 requiring authorization of the in- 
stallation of parking meters and of the fixing of reasonable 
charges by vote at a legal town meeting shall not apply to the 
town of Exeter. The provisions of section 2 hereof shall 
apply to the town of Exeter. 

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

:[Approved April 9, 1947.] 



CHAPTER 75. 



AN ACT RELATIVE TO MOUNTAIN AVENUE IN THE TOWNS OF 
NORTHWOOD AND DEERFIELD. 

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

1. Classification of Highway. The highway known as 
"Mountain Avenue" located in the towns of Northwood and 
Deerfield shall hereinafter be included in the secondary state 
highway system. 

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

[Approved April 10, 1947.] 



CHAPTER 76. 

AN ACT RELATING TO QUALIFICATIONS FOR BONUS. 

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

1. Qualification for Bonus. Amend section 1, chapter 201, 
Laws of 1943 as amended by section 1, chapter 75, Laws of 
1945, by striking out in the fourth and fifth and fourteenth 
lines the words "the present war" and inserting in place 
thereof the following: the period from December 7, 1941 to 
December 31, 1946 inclusive, so that said section as amended 
shall read as follows : 1. Qualification for Bonus. Each per- 
son, man or woman, who actively served for a total period of 



1947] Chapter 77 91 

more than ninety days in any capacity as a member of the 
armed forces of the United States during- the period from 
December 1, 1941 to December 31, 1946 inclusive, who is dis- 
charged, released or has a certificate of service therefrom, 
under conditions other than dishonorable, and who at the time 
he entered upon such active military service was a bona fide 
resident of the state of New Hampshire, shall be entitled to 
the benefits provided hereunder. 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 period from December 7, 1941 to December 31, 
1946 inclusive, who are placed on inactive military status shall 
be entitled to benefits. 

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

[Approved April 10, 1947.] 



CHAPTER 77. 

AN ACT PROVIDING FOR A CONSTITUTIONAL CONVENTION. 

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

1. Delegates; Election. At the election in the several 
towns to be holden on the second Tuesday of March, 1948, and 
at a special election in the several cities to be holden on the 
same day, delegates to a convention to revise the constitution 
shall be chosen and an article therefor shall be inserted in the 
warrants calling said meeting; and all the laws relating to 
the election of representatives to the general court, so far as 
the same may be applicable, shall apply to the election of 
delegates except as herein otherwise provided. 

2. Delegates; Eligibility. Any person shall be eligible to 
a seat in the convention who by the laws of this state is a 
qualified voter in the town or ward from which he may be 
elected. 



92 Chapter 77 [1947 

3. Delegates; Number. Delegates shall be proportioned 
as representatives to the general court are, except that each 
town shall be entitled to at least one delegate. 

4. Secretary of State; Duties. The secretary of state shall 
prepare and furnish to the towns and wards necessary 
material, including certificates of election, for a record of the 
choice of all delegates. 

5. Organization. The delegates chosen shall assemble in 
convention at the capitol in Concord on the second Wednesday 
of May, 1948, at noon, and shall proceed to organize by choos- 
ing one of their number by ballot to serve as president, and 
such other officers as they deem necessary; they shall be the 
judges of election and returns of their own members, and may 
estabUsh rules of proceedings and proceed to recommend con- 
stitutional amendments. 

6. Books and Papers Furnished. The secretary of state 
shall furnish to the convention such books, papers, stationery 
and printing as the convention shall require or order. 

7. Amendments. Such amendments to the constitution as 
are agreed to by the convention shall be submitted so that 
they can be voted on by the people separately or by groups, 
as the convention may determine; the convention shall pre- 
scribe the time and mode of submitting amendments to the 
people for their approval and provide for ascertaining their 
decision and publishing the same by executive proclamation, 
and may do any and all other things necessary to carry out 
the purposes of the convention. 

8. Compensation. Each delegate shall receive three dollars 
a day for his attendance on the convention and the same allow- 
ance for mileage as is now provided for members of the gen- 
eral court. 

9. Appropriation, A sum not exceeding sixty thousand 
dollars is hereby appropriated for paying the expenses of said 
convention and the governor is authorized to draw his warrant 
for so much of said sum as may be necessary for its expenses. 

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

[Approved April 10, 1947.] 



1947] Chapters 78, 79 93 

CHAPTER 78. 

AN ACT RELATIVE TO OPERATING REGULATIONS FOR BOATS AND 
OUTBOARD MOTORS ON PUBLIC WATERS. 

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

1. Boats on Public Waters. Amend chapter 181 of the 
Revised Laws by inserting after section 10 the following new 
section: 10-a. Operating Restrictions. The commission 
may, after hearing, upon complaint or of its own motion, 
whenever it shall appear that the public interest requires, 
make such rules and regulations governing the maximum 
horsepower of boat engines and outboard motors or prescribe 
maximum speed limits for the operation of such boats or out- 
board motors applicable to or upon all or any portion of the 
public waters of this state. 

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

[Approved April 10, 1947.] 



CHAPTER 79. 



AN ACT ABOLISHING THE SCHOOL DISTRICT OF THE TOWN OF 

ELLSWORTH AND TRANSFERRING THE EDUCATION OF CHILDREN 

OF SAID TOWN TO THE STATE. 

Be it enacted by the Senate and House of Representatives in 
Gene7\il Court convened: 

1. Abolishment of District. On and after the passage of 
this act the school district of the town of Ellsworth is 
abolished. Any property of said district consisting of school- 
houses, apparatus and other property, which said district so 
dissolved might lawfully sell or convey, shall be transferred 
and become the property of the town of Ellsworth, subject 
however to any debts of the said school district. 

2. Authority of State Board of Education. On and after 
the passage of this act the state board of education shall 
assume liability for the education of school children within 
the town of Ellsworth, shall furnish tuition and board, or 
tuition and transportation, at the expense of the state, at some 



94 Chapter 80 [1947 

suitable school for all children residing in said town and pay 
the tuition of any child who resides in such town and attends 
an approved high school. 

3. Taxation. The state treasurer shall assess to the own- 
ers of real estate of said town an annual tax of three dollars 
and fifty cents on each thousand dollars of the value of the 
ratable estate taxable therein which said tax shall be assessed 
and collected as taxes in unincorporated places are assessed 
and collected, and which shall be credited to the state board 
of education. In addition thereto the state treasurer shall 
annually credit to the state board of education all funds to 
which said Ellsworth school district would be entitled on 
account of payments for national forest lands. 

4. Takes Effect. This act shall take effect upon its 
passage and at said effective date the terms of office of any 
officials of the Ellsworth school district shall cease. 

l[Approved April 10, 1947.] 



CHAPTER 80. 



AN ACT RELATIVE TO REFLECTOR-TYPE FLARES FOR 
TRUCKS AND TRACTORS. 

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

1. Lights and Flares. Amend section 28 of chapter 119, 
Revised Laws, by inserting after the word "flare" in the 
fourth line, the words, or reflector-type flare, and by inserting 
after the word "flares" in the seventh line the words, or re- 
flector-type flares, so that said section as amended shall read 
as follows: 28. Oil-Burning and Reflector-Type Lights and 
Flares. Every truck, bus, or tractor when operated outside 
of the lighted area of towns or cities, except when stopping 
momentarily, under conditions as described in section 27 must 
in addition place one oil-burning light or flare or reflector-type 
flare one hundred feet in front and another one hundred feet 
in the rear of such vehicle. And all such vehicles shall when 
operated outside of the lighted area of towns or cities be re- 
quired to carry oil-burning lights or flares or reflection-type 
flares of a type to be approved by the commissioner. 

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

1 [Approved April 10, 1947.] 



1947] Chapters 81, 82 95 

CHAPTER 81. 

AN ACT RELATIVE TO ADDITIONAL LIGHTING EQUIPMENT 
FOR MOTOR VEHICLES. 

Be it enacted by the Seriate and House of Representatives in 
Genetnl Court convened: 

1. Motor Vehicles. Amend chapter 119, Revised Laws, by 
inserting after section 9 the following new section: 9-a. 
Additional Lighting Equipment. 

L Any motor vehicle may be equipped with not more 
than two side cowl or fender lamps which shall emit an amber 
or white hght without glare. 

IL Any motor vehicle may be equipped with not more 
than one running-board courtesy lamp on each side thereof 
which shall emit a white or amber light without glare. 

III. Any motor vehicle may be equipped with a back-up 
lamp either separately or in combination with another lamp; 
but such back-up lamp shall not be lighted when the motor 
vehicle is in forward motion. 

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

'[Approved April 10, 1947.] 



CHAPTER 82. 



AN ACT RELATIVE TO SPOT LAMP AND AUXILLIARY LAMPS 
FOR MOTOR VEHICLES. 

Be it enacted by the Senate and House of Representatives in 

Generul Court convened: 
1. Motor Vehicle Equipment. Amend chapter 119, Re- 
vised Laws, by inserting after section 8 the following new 
section: 8-a. Spot Lamp and Auxiliary Lamps. 

L Any motor vehicle may be equipped with not to ex- 
ceed one spot lamp and every lighted spot lamp shall be so 
aimed and used upon approaching another vehicle that no part 
of the high-intensity portion of the beam will be directed to 
the left of the prolongation of the extreme left side of the 
vehicle nor more than one hundred feet ahead of the vehicle. 

IL Any motor vehicle may be equipped with not to ex- 
ceed three auxiliary driving lamps mounted on the front at a 



96 Chapter 83 [1947 

height not less than twelve inches nor more than forty-two 
inches above the level surface upon which the vehicle stands. 

III. Every spot lamp and auxiliary driving lamp shall 
be approved by the motor vehicle commissioner. Application 
for the approval of such lamps as provided herein, accom- 
panied by a fee of fifty dollars, may be made to the commis- 
sioner by any manufacturer thereof or dealer therein. 

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

[[Approved April 10, 1947.] 



CHAPTER 83. 

AN ACT RELATIVE TO PROJECTING LOADS ON MOTOR VEHICLES. 

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

1. Motor Vehicles. Amend chapter 119, Revised Laws, 
by inserting after section 10 the following new section :10-a. 
Lamp or Flag on Pnojecting Load. Whenever the load upon 
any vehicle extends to the rear four feet or more beyond the 
bed or body of such vehicle there shall be displayed at the 
extreme rear end of the load, at all times during lighting 
periods specified in section 7, a red light or lantern plainly 
visible from a distance of at least five hundred feet to the 
sides and rear. The red light or lantern required under this 
section shall be in addition to the red rear light required upon 
every vehicle. At any other time there shall be displayed at 
the extreme rear end of such load a red flag or cloth not less 
than twelve inches square and so hung that the entire area 
is visible to the driver of a vehicle approaching from the rear. 

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

[Approved April 10, 1947.] 



1947] Chapters 84, 85 97 

CHAPTER 84. 

AN ACT RELATIVE TO REGISTRATION OF MOTOR VEHICLES OF 
VOLUNTEER FIRE DEPARTMENTS. 

Be it enacted by the Seriate and House of Representatives in 
Geneml Court convened: 

1. Registration, Motor Vehicles. Amend section 11 of 
chapter 118 of the Revised Laws by adding after the word 
"town" in the second line, the words, or by any volunteer fire 
department, so that said section as amended shall read as 
follows: 11. Public Ownership. Motor vehicles owned and 
operated by the state, or by any county, city, or town, or by 
any volunteer fire department, shall be exempt from registra- 
tion fees, but shall be registered as any other motor vehicles 
are. 

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

[Approved April 10, 1947.] 



CHAPTER 85. 



AN ACT RELATIVE TO CONSTRUCTION OF A CERTAIN ROAD IN THE 
TOWN OF GREENFIELD. 

Whereas, the New Hampshire Society for Crippled Chil- 
dren and Handicapped Persons proposes to build a hospital 
and other structures on land owned by them in Greenfield, 
New Hampshire, at a cost of approximately seven hundred 
fifty thousand dollars ($750,000) ; and 

Whereas, the town of Greenfield is without resources to im- 
prove the town highway servicing this property; now, there- 
fore, 

Be it enxLcted by the Senate and House of Representatives in 
Geneitil Court convened: 

1. Authority to Improve Road. The state highway de- 
partment is authorized to improve the Greenfield town road 
leading from Route No, 31 north of Greenfield by Gould's pond 
to the intersection with the old road from Francestown to 
Bennington, a distance of approximately one and five-tenths 



98 Chapter 86 [1947 

miles, provided that this construction shall not be undertaken 
until said society has made proper representations to the state 
highway department guaranteeing completion of their project. 

2. Expense of Construction. The expense of the con- 
struction authorized by section 1 shall be a charge on the 
highway funds. 

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

[Approved April 15, 1947.] 



CHAPTER 86. 



AN ACT RELATIVE TO THE FILING OF INVENTORY BLANKS IN THE 
ANNUAL INVOICING OF POLLS AND TAXABLE PROPERTY. 

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

1. Form. Amend section 3 of chapter 75 of the Revised 
Laws, as amended by section 3, chapter 144, Laws of 1943, 
by striking out the word "oath" in the third line and insert- 
ing in place thereof the words, penalty of perjury, so that said 
section as amended shall read as follows: 3. Inventory 
Blanks. The inventory blanks shall be so arranged and 
formulated as to require, under penalty of perjury, from the 
person or corporation to be taxed, in answer to interrogatories 
therein stated, a description of all real estate taxable to the 
person or corporation, and a statement of the gross amount 
or quantity of each class of personal property for which he 
or it is taxable, and such other information as will enable the 
selectmen or assessors to assess all the taxable property of 
such person or corporation and at its true value ; also a list of 
the shares in railroad corporations of this state owned by 
such person or corporation. The blanks shall require the 
owner's estimate of the value of his stock in trade, but not 
of his other property. The blank shall also require the own- 
er's estimate of the amount and kind of merchantable stand- 
ing wood and timber on each parcel of land owned by him, 
or the amount and kind of merchantable wood and timber 
owned by him and standing on land of another. 

2. Annual Invoice. Amend section 6 of said chapter 75 
by striking out the word "oath" in the fourth line and in- 



1947] Chapter 86 99 

serting in place thereof the word, declaration; and by striking 
out the words "before some justice of the peace or a select- 
man or assessor, either of whom is empowered to administer 
the same," in the fourth and fifth lines, so that said section 
as amended shall read as follows: 6. Return of Inventory. 
Every person and every corporation, by its president or other 
principal officer, shall fill out the blank inventory in all re- 
spects according to its requirements, and subscribe and make 
the required declaration thereto, and shall deliver, or, in case 
of nonresident persons or corporations, mail such inventory 
to the selectmen or assessors or on before April fifteenth of 
that year. 

3. Inventories. Amend section 9 of said chapter 75 by 
striking out the word "oath" in the first line and inserting in 
place thereof the word, declaration; and by striking out the 
words "do solemnly swear" in the third line and inserting in 
place thereof the words, under penalties of perjury do 
solemnly declare, so that said section as amended shall read as 
follows: 9. Declaration. The declaration required in and 
by such inventories shall be as follows, to be varied in cases 
of partnerships, corporations, administrators and the like, to 

conform to such circumstances : I, 

under penalties of perjury do solemnly declare that, to the 
best of my knowledge and belief, the foregoing inventory con- 
tains a full, true and correct statement of all the real and 
personal estate or property for which I was liable to be taxed 

by the selectmen of , under the laws 

of the state, on April first, , and of all stock in rail- 
road corporations of this state owned by me at that time; 
and that I have not assigned, conveyed or disposed of any 
property or estate, in any manner, for the purpose of evading 
taxation. So help me God. 

4. Repeal. Section 10 of said chapter 75 of the Revised 
Laws relative to penalty for false oath, is hereby repealed. 

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

I [Approved April 15, 1947.] 



100 Chapter 87 [1947 

CHAPTER 87. 

AN ACT PROVIDING FOR THE LICENSING OF LIVESTOCK DEALERS, 
AND LIVESTOCK AUCTIONS OR SALES RINGS. 

Be it enacted by the Senate and House of Representatives in 
Gene7nl Court convened: 

1. Definition. The words "livestock dealer," as used in 
this act shall apply to any person, partnership, unincorporated 
association or corporation, going from place to place buying, 
selling or transporting cattle, sheep or swine, or operating a 
livestock auction or sales ring. 

2. License. No livestock dealer shall carry on the busi- 
ness of buying, selling or transporting cattle, sheep or swine, 
or operating a livestock auction or sales ring without first 
obtaining a license from the commissioner of agriculture. Be- 
fore being issued a license, the said livestock dealer shall file 
with the commissioner of agriculture application for such 
license, giving applicant's name, resident and business 
addresses; tl\e names and addresses of all agents or persons 
handUng cattle, sheep or swine for the said livestock dealer; 
the number and description of all trucks or other conveyances 
except railroad cars used by the said livestock dealer in the 
transportation of such livestock and such other information 
as the commissioner of agriculture shall require. Said appli- 
cation shall le accompanied by a fee of five dollars. 

3. Fee; Termination. The commissioner of agriculture or 
his agent, shall upon receipt of the appUcation and fee re- 
quired in section 2 of this act issue a license to said applicant. 
A livestock dealer shall keep a copy of said license in his 
possession and a copy of such license shall be attached to each 
truck or other conveyance used by said livestock dealer for the 
transportation of cattle, sheep or swine. Copies of such 
licenses shall be obtained from the commissioner of agricul- 
ture or his agent and he shall charge a fee of one dollar for 
each copy. All licenses issued under the terms of this act 
shall expire one year from the date of issue. No licenses shall 
be transferable. 

4. Requirements. A livestock dealer licensed under this 
act shall: 

(a) Maintain in a clean and sanitary condition all 
premises, buildings and conveyances used in the business of 



1947] Chapter 87 101 

dealing in livestock or operating a livestock auction or sales 
ring. 

(b) Submit premises, buildings and conveyances to in- 
spection, and livestock to inspection and test at any and such 
times as the commissioner may deem necessary and advisable. 

(c) Allow no livestock on livestock dealer's premises from 
herds or premises quarantined by the commissioner of agri- 
culture or his agent, except those accompanied by special per- 
mit issued by the commissioner of agriculture or his agent. 

(d) Maintain subject to inspection by the commissioner 
of agriculture or his agent, a proper record in which all cattle 
purchased, repossessed, sold or loaned are to be listed, giving 
breed, date purchased, repossessed, sold or loaned and from 
whom obtained and to whom delivered. Such record shall 
also show the ear tag number of each animal, except untagged 
cattle for immediate slaughter. Untagged cattle acquired by 
a dealer, except such cattle for immediate slaughter, shall be 
held on the dealer's premises and such cattle shall be tuber- 
culin and blood tested by an approved veterinarian at dealer's 
expense. Registered purebred cattle which do not bear ear 
tags shall be recorded by giving tattoo markings, description 
and such other information as is necessary to identify such 
cattle. This section shall not apply to calves under three 
months of age. 

(e) Abide by such other reasonable rules and regulations 
which may be issued by the commissioner of agriculture or 
his agent to prevent the spread of disease and a copy of such 
rules and regulations shall be sent to all livestock dealers 
licensed under the terms of this act. 

5. Cancellation of License. Failure of any livestock dealer 
to abide by the terms of this act or of any of the laws or 
regulations relating to livestock or of such procedure as the 
commissioner of agriculture or his agent deems necessary to 
prevent the spread of disease, shall be deemed sufficient cause 
after notice and hearing for the cancellation of a license issued 
under this act, 

6. Penalty. Any livestock dealer who buys or sells cattle 
in this state or operates a livestock auction or sales ring with- 
out having a license so to do, issued either to such persons 
or firm or corporation which he represents in conducting such 
business, as herein required shall be fined not less than 
twenty-five dollars nor more than two hundred dollars or be 



102 Chapter 88 [1947 

imprisoned not less than ten days nor more than thirty days 
or both. 

7. Rules and Regulations. The commissioner is authorized 
to make such rules and regulations as he may deem necessary 
for the proper carrying out of this act. 

8. Exceptions. The provisions of this act relative to re- 
quiring a license shall not apply to a farmer who does not go 
from place to place buying or selling cattle, sheep or swine nor 
to a farmer holding an auction sale in the regular operation 
of his farm business. 

9. Disposition of Fees. All fees collected under the pro- 
visions of this act shall be deposited into the state treasury. 

10. Transportation. Any livestock dealer licensed under 
this act will not be required to procure a license to transport 
livestock by motor vehicle as set forth in chapter 230 of the 
Revised Laws as amended by chapter 172 of the Laws of 1943 
and chapter 103 of the Laws of 1945. 

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

'[Approved April 15, 1947.] 



CHAPTER 88. 

AN ACT RELATIVE TO LAMPS ON MOTOR VEHICLE TRACTORS. 

Be it enaoted by the Senate and House of Representatives in 
Geneml Coiirt convened: 

1. Motor Vehicle Lights. Amend chapter 119, Revised 
Laws, by inserting after section 7 the following new section: 
7-a. Tractors. Every tractor operated on the ways of this 
state at night shall display at least two lighted lamps on the 
front. No such headlamp shall be used unless it is approved 
by the commissioner. 

2. Takes Effect. This act shall take effect July 1, 1947. 
[Approved April 15, 1947.] 



1947] Chapters 89, 90 103 

CHAPTER 89. 

AN ACT ESTABLISHING A STATE EMPLOYEES APPEAL 
COMMISSION. 

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

1. Appeal Commission. The governor and council shall 
constitute a state employees' appeal commission. 

2. Appeal. Except for those employees who are subject 
to the merit system plan, any regular classified state employee 
who is discharged from his employment with the state may 
appeal to the commission provided by section 1 for a review 
of his case and for reinstatement. Said commission shall hold 
a public hearing on said appeal. The governor may summon 
witnesses to appear at such hearing as provided in section 12, 
chapter 27, Revised Laws. 

.3. Reinsta»tement. If the commission, after such hearing, 
shall be of the opinion that said state employee was discharged 
without just cause, they may order the reinstatement of said 
employee to the same position and at the same salary. 

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

[Approved April 15, 1947.] 



CHAPTER 90. 



AN ACT RELATING TO CERTIFICATION OF QUESTIONS OF LAW 
FROM PROBATE COURT TO SUPREME COURT. 

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

1. Probate Court; Transfer of Questions of Law to 
Supreme Court. Amend chapter 346 of the Revised Laws by 
adding after section 28 the following new section: 29. 
Transfer of Questions of Law to Supreme Court. In any 

case, matter or proceeding in a court of probate, the court at 
any time may certify to the supreme court any questions or 
propositions of law concerning which instructions are desired 
for the proper decision of any matter before it and thereupon 



104 Chapter 91 [1947 

the supreme court may give binding instructions on the 
questions and propositions certified. 

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

[Approved April 15, 1947.] 



CHAPTER 91. 

AN ACT RELATING TO THE CAPITAL RESERVE FUND ACT. 

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

1. Funds Received from the United States. Amend chap- 
ter 160, Laws of 1943 as amended by chapter 35, Laws of 
1945 and chapter 8, Laws of 1947 by inserting after section 4 
the following new section : 4-a. Funds Received in Eminent 
Domain Proceedings. Any town, school district, village dis- 
trict or county which may receive funds from the United 
States or any agency thereof in eminent domain proceedings 
for the taking of its property or other public facilities or in 
settlement for such taking or of claims for damages to its 
property or other public facilities, may vote to use said funds, 
under a proper article in the warrant in the case of a town, 
school district or village district or by vote of the county 
delegation in the case of a county, to establish a capital re- 
serve fund under this act. Funds so received may, if so 
voted, be used to retire existing indebtedness as well as for 
the purposes specified in section 1. In cases in which the 
United States or any agency thereof shall acquire a flowage 
easement in highways or bridges under the jurisdiction of a 
town, the town, if it votes to establish a capital reserve fund 
out of the funds received therefor from the United States or 
any agency thereof, may use such fund not only for capital 
improvements and capital expenditures as provided in sec- 
tion 1, but also for the maintenance, repair and reconstruction 
of the particular highways and bridges in which easements 
have been acquired or of such highways and bridges as may 
be provided in substitution therefor. 

2. Transfer of Capital Reserve Funds. Amend chapter 160 
of the Laws of 1943 as amended by chapter 35, Laws of 1945 



1947] Chapter 92 105 

and chapter 8, Laws of 1947, by inserting after section 8 the 
following new sections: 8-a. Payments from Surplus. 
Whenever any town shall have voted to transfer any accumu- 
lated surplus to the capital reserve fund, the town clerk shall 
forward to the board of selectmen and to the town treasurer, 
within ten days of the adoption of such vote, a certified copy 
of the same; and, thereupon, the selectmen shall draw an 
order on the town treasurer for the amount of surplus set 
forth in said vote; and the town treasurer shall on receipt of 
said order immediately transfer to the trustees of trust funds 
of said town the amount specified in said order. 8-b. Appro- 
priation. Whenever the vote of the town is to raise and 
appropriate any sum for the capital reserve fund, the same 
duties shall devolve upon the town clerk, selectmen, and town 
treasurer, as specified in section 8-a, except that said order 
must be drawn, and said sum transferred on or before Decem- 
ber 31st following said vote. 8-c. School or Village District. 
When a capital reserve fund is established by a school or 
village district, the same duties shall devolve upon the clerk 
of the school or village district, the members of the school 
board or the commissioners of the village district, the treas- 
urer of the school district or the treasurer of the village dis- 
trict, as are prescribed in sections 8-a and 8-b for the corre- 
sponding town officers. 8-d. Penalty. Any of the above 
officers failing to perform the duties above set forth, shall be 
liable, upon conviction, to a fine of five dollars for every week 
said failure shall continue. 

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

[Approved April 15, 1947.] 



CHAPTER 92. 

AN ACT RELATING TO STALE CHECKS. 

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

1. Negotiable Instruments. Amend chapter 366 of Re- 
vised Laws of New Hampshire, 1942, by inserting immediately 
after section 186 thereof the following additional section: 



106 Chapter 93 [1947 

186-a. Stale Checks. Where a check or other instrument, 
payable on demand at any bank or trust company located in 
this state, is presented for payment more than six months 
after date, such bank or trust company may, unless expressly 
instructed by the drawer or maker to pay the same, refuse 
payment thereof, and no liability shall by such action be in- 
curred to the drawer or maker for dishonoring the instrument 
or check by nonpayment. 

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

[Approved April 15, 1947.] 



CHAPTER 93. 

AN ACT RELATING TO THE PROTECTION OF THE DAIRY INDUSTRY. 

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

1. Milk Testers. Amend section 72 of chapter 194 of the 
Revised Laws by striking out the entire section and inserting 
in place thereof the following: 72. Revocation of Licenses, 
etc. The commissioner may make rules and regulations gov- 
erning the application for and the granting of such licenses 
and shall charge a fee of one dollar for the same. Licenses 
may be revoked by the commissioner if after due notice the 
licensee fails or has failed to comply with the law, rules and 
regulations under which the license was granted. 

2. Change -of Title. Amend section 73 of said chapter 194 
by striking out said section and inserting in place thereof 
the following: 73. Division of Dairy Service. The com- 
missioner shall with the approval of the governor, appoint 
some person who is qualified for the position of chief, division 
of dairy service. The chief shall give full time in the per- 
formance of the duties, as deputy for the commissioner, set 
forth in this subdivision and in any other matters pertaining 
to promoting the dairy interests of the state. 

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

[Approved April 15, 1947.] 



1947] Chapter 94 107 

CHAPTER 94. 

AN ACT RELATIVE TO A REGISTER OF CHARITABLE TRUSTS. 

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

1. Charitable Trusts. Amend section 13-b of chapter 24 
of the Revised Laws, as amended by chapter 181 of the Laws 
of 1943, by striking out said section and inserting in place 
thereof the following: 13-b. Definition. The words "chari- 
table trust" as used in this subdivision shall mean any 
fiduciary relationship with respect to property arising as a 
result of a manifestation of an intention to create it and sub- 
jecting the person by whom the property is held to equitable 
duties to deal with the property for charitable or community 
purposes. There are excluded from this definition and from 
the operation of this subdivision all charitable corporations 
holding property or funds for their corporate purposes and 
trusts created inter vivos until such time after the death of 
the settlor or donor as the charitable or community purpose 
expressed in such trust becomes vested in use or enjoyment. 

2. Trustees' Reports. Amend section 13-i of said chap- 
ter 24, as amended by section 1 of chapter 92 of the Laws of 
1945, by striking out after the word "purposes" in the fourth 
and fifth lines the words, excepting fiduciaries not required 
to file accounts in any court, so that said section as amended 
shall read as follows: 13-i. Reports by Trustees of Chari- 
table Trusts. Any fiduciary holding property subject to 
equitable duties to deal with such property for charitable or 
community purposes shall annually, on or before July first, 
unless otherwise directed by the attorney general, make to 
him a written report for the last preceding fiscal year of such 
trust showing the property so held and administered, the re- 
ceipts and expenditures in connection therewith, the names 
and addresses of the beneficiaries thereof and such other in- 
formation as he may require; provided, that if such fiduciary 
is required by law or court order to file annually with the pro- 
bate 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 



108 Chapter 94 {1947 

of trust and the attorney general shall take such action as 
may be appropriate to compel compliance herewith. 

3. Probate Notice to Attorney General. Amend section 
13-j of said chapter 24 by striking out the word "public" 
where it occurs and inserting in place thereof the word, 
charitable, and by adding at the end thereof the following: 
Upon the offering for probate in solemn form of any document 
purporting to be a will or testament containing clauses creat- 
ing a charitable trust as defined herein, and upon presentation 
of any petition or other matter concerning a charitable trust 
and in all proceedings related thereto, the register of probate 
shall seasonably notify the attorney general of the pendency 
thereof in advance of hearing thereon. As soon as possible 
after the probate in common form of any will containing 
clauses creating a charitable trust, the register of probate 
shall notify the attorney general thereof. No charitable 
trust shall be terminated by decree of the probate court until 
the attorney general has been given an opportunity to be 
heard, if he so desires, so that said section as amended shall 
read as follows : 13-j. Information from Register of Probate. 
Each register of probate shall furnish such copies of papers 
and such information as to the records and files in his ofl^ice 
relating to charitable trusts as the attorney general may re- 
quire. Such register shall also permit an examination of the 
files and records in the probate office by representatives of the 
attorney general for the purpose of establishing and maintain- 
ing said register of charitable trusts. A refusal or neglect by 
the register of probate so to send such copies or refuse such 
information or to refuse access to the probate records relating 
to charitable trusts shall be a breach of his official bond. Upon 
the offering for probate in solemn form of any document pur- 
porting to be a will or testament containing clauses creating 
a charitable trust as defined herein, and upon presentation of 
any petition or other matter concerning a charitable trust and 
in all proceedings related thereto, the register of probate shall 
seasonably notify the attorney general of the pendency there- 
of in advance of hearing thereon. As soon as possible after 
the probate in com^mon form of any will containing clauses 
creating a charitable trust, the register of probate shall notify 
the attorney general thereof. No charitable trust shall be 
terminated by decree of the probate court until the attorney 



1947] Chapter 95 109 

general has been given an opportunity to be iieard, if he so 
desires. 

4. Change of Terms. The words "public trust" wherever 
used in sections 13-a, 13-c, 13-d and 13-e of chapter 24, Re- 
vised Laws, shall mean "charitable trust." 

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

[Approved April 16, 1947.] 



CHAPTER 95. 

AN ACT RELATIVE TO QUALIFICATIONS FOR JURY SERVICE. 

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

1. Jurors. Amend section 1 of chapter 375 of the Revised 
Laws by striking out said section and inserting in place 
thereof the following: 1. Town Lists. The selectmen of 
each town shall annually in December, make a list of such 
men and women as they judge best qualified to serve as 
jurors; and the list shall be kept by them and delivered to 
their successors in office, provided, however, that the name of 
a woman shall not be placed on said jury list unless she shall 
first have appeared before said selectmen and registered for 
jury service. The selectmen shall provide a suitable book for 
the permanent registration of all women registering with 
them for jury service, and such record shall permanently re- 
main in their custody and in the custody of their successors 
in office. 

2. Accommodations for Juries. Amend section 24 of 
chapter 395 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 24. Rooms. 
The county commissioners shall furnish at least one room in 
each court house where jury trials are held with twelve sub- 
stantial and comfortable seats, and convenient desks, for the 
use of jurors when deliberating. The court may, in its dis- 
cretion and subject to such rules as it may prescribe, permit 
women jurors to use a designated rest room or lavatory 
situated in any part of the court house; and the temporary 
separation of women jurors from the remainder of the jury 



110 Chapter 96 [1947 

for such purposes shall not work a mistrial in any civil or 
criminal case, provided that women jurors shall be accom- 
panied by a sheriff or his deputy in case of necessity to use 
such room or lavatory after a case has been finally committed 
to the jury for deliberation thereon. 

3. Mistrial. Amend section 25 of chapter 395 of the 
Revised Laws by adding at the end thereof the following: No 
separation for sleep or rest of men and women serving upon 
any jury shall work a mistrial in any civil or criminal case, 
if such jury is at all times in charge of a sheriff, so that said 
section as amended shall read as follows: 25. Lodging. 
Jurors shall not be required to continue their deliberations 
without sleep and rest later than twelve o'clock in the evening. 
At that hour, or earlier, under such safeguards and conditions 
as the court may direct, they shall be afforded suitable 
opportunity for sleep and rest, at the expense of the county, 
for at least eight hours before again taking up their deliber- 
ations. No separation for sleep or rest of men and women 
serving upon any jury shall work a mistrial in any civil or 
criminal case, if such jury is at all times in charge of a sheriff. 

4. Burden Repealed. Amend chapter 375 of the Revised 
Laws by striking out section 28. 

5. Takes Effect. This act shall take effect as of July 1, 
1947. 

'[Approved April 21, 1947.] 



CHAPTER 96. 



AN ACT RELATING TO THE NEV^ HAMPSHIRE WAR RECORDS 
COMMITTEE. 

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

1. War Records Committee. The New Hampshire War 
Records Committee, an existing agency of twenty members 
established by executive order, is authorized to prepare and 
have published in pamphlet form an historical report of the 
activities of New Hampshire in World War H. The method 
of distribution of such report shall be determined by the gov- 
ernor and council on recommendation by the committee. 



1947] Chapters 97, 98 111 

2. Appropriation. The sum of five thousand dollars is 
hereby appropriated for the purpose of carrying out the pro- 
visions 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. 

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

i[Approved April 23, 1947.] 



CHAPTER 97. 



AN ACT RELATING TO THE BEARCAMP RIVER IN THE TOWN OF 
TAM WORTH. 

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

1. Pollution by Deposit of Mill Waste. The Bearcamp 
river in the town of Tamworth shall hereafter be subject to 
the provisions of sections 30 to 35, inclusive, of chapter 166 
of the Revised Laws. 

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

[Approved April 23, 1947.] 



CHAPTER 98. 

AN ACT TO PREVENT UNFAIR COMPETITION BETWEEN UTILITIES. 

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

1. Public Utilities. Amend chapter 289 of the Revised 
Laws by inserting after section 21 the following new section: 
21-a. Restrictions. No public utility shall construct an 
electric service line to serve any consumer where the property 
to be served is within one thousand feet of existing central 
service station, electric line or lines of another public utility, 
without first having obtained the permission and approval of 
the commission. Cooperative marketing associations, as de- 
fined in chapter 273 of the Revised Laws, shall, for the pur- 



112 Chapters 99, 100 [1947 

poses of the first sentence of this section be regarded as public 
utilities and subject to the jurisdiction of the commission. 
Provided, however, that such permission and approval need 
not be obtained for a public utility to extend or build a central 
service station line to serve a consumer within the area in 
which it is authorized to do business if no line of a co- 
operative marketing association is within one thousand feet 
of such consumer. 

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

I [Approved April 23, 1947.] 



CHAPTER 99. 

AN ACT RELATIVE TO TIME FOR PUBLICATION OF TOWN REPORTS. 

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

1. Town Reports. Amend section 18 of chapter 59 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 18. Publication. The select- 
men shall cause their report, and those of other town officers 
required by law to make reports, to be published in pamphlet 
form at the expense of the town and make the same available 
to the voters of said town at least seven days prior to the 
date of the annual meeting. 

2. Takes Effedt. This act shall take effect December 31, 
1947. 

[Approved April 23, 1947.] 



CHAPTER 100. 

AN ACT ESTABLISHING A COMMISSION ON UNIFORM STATE LAWS. 

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

1. Commission on Uniform State Laws. Amend the Re- 
vised Laws by inserting after chapter 7 the following new 
chapter : 



1947] Chapter 100 113 

Chapter 7-A 
Commission on Uniform State Laws 

1. Commission Created. The governor, with the advice 
and consent of the council, shall appoint two members of the 
New Hampshire bar and one layman as members of the Com- 
mission on Uniform State Laws. The first appointments 
shall be one for a term of two years, one for four years and 
one for six years and thereafter one shall be appointed 
biennially for a term of six years. 

2. Duties. It shall be the duty of said commissioners to 
promote uniformity in state laws on all subjects where uni- 
formity is desirable and practicable, and to meet and act with 
other similar commissions appointed from other states for the 
above purpose, to be represented at each annual conference 
of the national commissioners, and to file with the secretary 
of state not later than December first last preceding each 
legislative session, for the use of the governor and the general 
court, a report of the progress of uniform legislation both 
within and without the state to the end that uniform legis- 
lation, where desirable and practicable be adopted in this 
state. 

3. Compensation. Said commissioners shall serve without 
compensation but shall be reimbursed for expenses incurred 
while engaged in their official duties, in attending the national 
conference and in making the biennial report. 

4. Appropriations. For the purpose of promoting and con- 
tinuing to hold national conferences the sum of one hundred 
and fifty dollars shall be appropriated, annually, and paid 
over to the National Conference of Commissioners on Uniform 
State Laws, and an additional sum of two hundred and fifty 
dollars shall be likewise appropriated annually, to defray the 
expenses as provided in section 3. 

2. Commission Abolished. Upon the passage of this act 
the commission for the promotion of uniformity of legislation 
in the United States, appointed by the governor, shall be 
abolished and the term of office of said commissioners shall 
expire. Any records of papers of said commissioners shall be 
forthwith turned over to the commission established by this 
act. 

3. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved April 23, 1947.] 



114 Chapter 101 [1947 

CHAPTER 101. 

AN ACT RELATIVE TO TAKING WILD DEER IN THE TOWN OF 
PEMBROKE. 

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 1, chapter 135, Laws 
of 1943, by section 1, chapter 31, Laws of 1945, chapter 69, 
Laws of 1945, and chapters 32 and 46, Laws of 1947, by in- 
serting after the word "Pembroke" in the twelfth line the 
words, except that part of the town which lies west of the so- 
called Fourth Range road, 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 shotgun 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, Hillsborough, 
Bennington, Deering, Francestown, Weare, Antrim, Hancock, 
Greenfield, New Boston, Lyndeborough, Temple, Sharon, New 
Ipswich, Greenville, Mason, Wilton, Mont Vernon, and Peter- 
borough in the county of Hillsborough ; the towns of Andover, 
Chichester, Wilmot, Danbury, Canterbury, Hill, New London, 
Sutton, Bradford, Warner, Salisbury, Newbury, Webster, 
Allenstown, Pembroke, except that part of the town which 
lies west of the so-called Fourth Range road; Loudon, Pitts- 
field, Epsom, Boscawen, Hopkinton, Dunbarton, Bow, North- 
field, the eastern part of the town of Hooksett bounded on the 
northeast by Allenstown, east by Deerfield, southeast by 
Candia, and west by the old Portsmouth Railroad, and Henni- 
ker and the city of Franklin in the county of Merrimack; the 
towns of Sanbornton, Alton, Gilford, Gilmanton, Barnstead, 
Belmont, Tilton, Meredith, Center Harbor, and New Hampton 
in the county of Belknap, and the towns of Candia, Auburn, 
Deerfield, Northwood, Nottingham, Raymond and Epping in 
the county of Rockingham. 

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

'[Approved April 23, 1947.] 



1947] Chapter 102 115 

CHAPTER 102. 

AN ACT PROVIDING FOR THE EQUITABLE APPORTIONMENT IN 
CERTAIN CASES OF ESTATE TAXES. 

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

1. Estate Taxes. Amend section 1 of chapter 88-A of the 
Revised Laws, as inserted by chapter 175 of the Laws of 1943 
by striking out said section and inserting in place thereof the 
following: 1. Apportionment of Taxes. Whenever it 
appears upon any accounting, or in any appropriate action or 
proceeding, that an executor, administrator, trustee or other 
person acting in a fiduciary capacity, has paid or may be re- 
quired to pay a tax levied or assessed under the provisions of 
chapter 88 of the Revised Laws, or of any act in amendment 
thereof or in addition thereto, or under the provisions of any 
estate tax law of the United States heretofore or hereafter 
enacted upon or with respect to any property except proceeds 
of life insurance which is neither a part of the gi'oss estate, 
except for such tax purpose, nor subject to the terms of the 
will, if any, nor to the laws of the state which govern descent 
and distribution of intestate property, that portion of the entire 
tax which is attributable to such property included within the 
estate for purposes of taxation shall be collected from the 
property so included, or from the beneficiaries thereof in 
accord with their proportionate interests therein except in any 
case in which a testator otherwise directs or provides in his 
will; provided, that it shall accord with applicable estate tax 
laws of the United States where such laws specify with re- 
spect to an apportionment; and provided that allowance shall 
be made for any exemptions granted and deductions allowed 
by the act imposing the tax. In cases in which a life estate, 
or any temporary interest, and remainder are created in such 
property which is not a part of the estate, except for such 
tax purpose, the tax shall be charged against and be paid out 
of the corpus of such property without apportionment be- 
tween temporary estates and remainders, unless the tax on 
such property is paid by the beneficiaries thereof. 

2. Declaration of Purpose. It is hereby declared to be the 
purpose of this act to clarify the meaning of said chapter 88-A 



116 Chapters 103, 104 i[1947 

and not for the purpose of changing the computation or 
collection of taxes thereunder. 

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

[Approved April 23, 1947.] 



CHAPTER 103. 

AN ACT RELATING TO TAX COLLECTOR'S DEEDS. 

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

1. Deed. Amend chapter 80 of the Revised Laws by add- 
ing after section 33 the following new section: 33-a. In- 
contestability. A tax collector's deed shall be incontestable 
after three years from the date of record, in regard to defects 
of form or procedure in the tax assessment and the tax sale 
upon which such deed is based; provided however, that all 
towns, cities and other incorporated places shall be amenable 
to process in the superior court for the redress of any actual 
injury other than those purely technical or nominal in nature 
resulting from the foregoing provisions. 

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

[Approved April 23, 1947.] 



CHAPTER 104. 



AN ACT RELATIVE TO TRANSFERS OF MEMBERSHIP BETWEEN 
STATE RETIREMENT SYSTEMS. 

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

1. Definitions. The words "retirement system" as used 
in this act shall mean and include the following (1) state em- 
ployees retirement system as established by chapter 27-A of 
the Revised Laws, as inserted [by] chapter 183, Laws of 1945, 
and as including chapter 201, Laws of 1945, which extended 
the system to employees of political subdivisions, (2) New 



1947] Chapter 104 117 

Hampshire teachers retirement system as established by chap- 
ter 136, Revised Laws, (3) the firemen's retirement system as 
established by chapter 220, Revised Laws, and (4) the police- 
men's retirement system as established by chapter 221, Re- 
vised Laws. 

2. Transfer of Membership. Any person who is a member 
of any retirement system, as defined herein, may transfer his 
membership to any other retirement system upon accepting 
office or employment which makes it possible or mandatory 
for him to participate in such other retirement system and if 
such acceptance of office or employment would make it im- 
possible for him to continue as a contributing- member of the 
retirement system of which he has been a member. 

3. Procedure for Transfer. Any such person desiring so 
to transfer his membership shall notify the administrative 
head of the retirement system of which he is a member, prior 
to or at the time of his withdrawal therefrom, of his intention 
to enter the other retirement system, and shall request a re- 
fund of the total amount of the accumulated contributions 
standing to his credit in the annuity savings fund, or other 
corresponding fund, of the system of which he is a member. 
Upon his entry into the other retirement system and the de- 
posit of such accumulated contributions in the annuity 
savings fund or other corresponding fund thereof, within one 
year of the date of such refund, he shall receive service credit 
in the system to which he has transferred for all service 
rendered prior to such transfer for which he was entitled to 
credit in the system from which he has transferred, provided 
the amount of the contributions he has transferred is equal 
to the accumulated value of the contributions which he would 
have made had he been a member of the system to which he 
has transferred had be originally become a member of such 
system. If such contributions transferred are less than such 
accumulated value, he may make up the difference, or he may 
make no payment but with a reduction of equivalent value in 
his retirement allowance. If such transferred contributions 
are greater than such accumulated value, the amount of the 
excess shall be returned to him. 

4. Benefits. Upon becoming a member of the retirement 
system to which he has transferred, such person shall there- 
after be eligible for such benefits or annuities as is provided 
by law in such retirement system, including the credits for 



118 Chapter 104 ![1947 

previous service in the retirement system from which he has 
transferred as provided in section 3 hereof, provided, however, 
that if he retires on a retirement allowance in the system to 
which he transferred v/ithin five years after said transfer, the 
benefits or annuities payable with respect to the service 
credit in the system from which the transfer was made shall 
not be greater than those which would have been payable with 
respect to such service had be remained in such system. 

5. Rules and Regnlations. The trustees of the state em- 
ployees retirement system, the teachers' retirement board, 
the firemen's retirement board and the police retirement board 
are severally authorized to make such rules and regulations 
as may be necessary to carry the provisions of this act into 
eff"ect. 

6. Prior Transfers. Any person who is a member of any 
retirement system, as defined herein, at the date of the 
passage of this act and who prior to said effective date and 
subsequent to July 1, 1945, had transferred from any other 
retirement system, without intervening employment else- 
where, shall be entitled to the benefits herein provided if 
application is made therefor within thirty days after the 
passage of this act and if he elects to make any contributions 
necessary to effectuate such transfer. 

7. Application of Statutes. Such provisions of said chap- 
ter 27- A of the Revised Laws, chapter 201, Laws of 1945, 
chapter 136 of the Revised Laws, chapter 220 of the Revised 
Laws and chapter 221 of the Revised Laws, as are inconsistent 
with the provisions hereof are hereby repealed to the extent 
of such inconsistency. 

8. Separability Clause. If any provisions of this act, or 
the application thereof to any person or circumstance, is held 
invalid, such invalidity shall not affect other provisions or 
applications of this act, 'nor provisions or applications of the 
statutes mentioned in section 6, to which this act is in addi- 
tion, which can be given effect without the invalid provision 
or application, and to this end the provisions of this act are 
declared to be severable. 

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

[Approved April 25, 1947.] 



1947] Chapters 105, 106 119 

CHAPTER 105. 

AN ACT RELATING TO THE LIEN FOR A POLL TAX. 

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

1. Registration of Motor Vehicle. Amend section 3, chap- 
ter 116 of the Revised Laws by striking out the whole of said 
section and inserting in place thereof the following: 3. 
Payment of Poll Tax Required. Every applicant for a permit 
to register a motor vehicle shall furnish to the issuing officer 
a tax collector's receipt for the payment of any poll tax for 
which he is liable for the preceding year, or make oath that 
he has paid said taxes or has been relieved from such payment 
because of exemption or abatement ; provided, however, that a 
permit may be issued if the selectmen or assessors certify 
that in their opinion the applicant should be granted such 
permit even though he has not paid said taxes. 

2. Takes Effect. This act shall take effect December 31, 
1947. 

[Approved April 30, 1947.] 



CHAPTER 106. 



AN ACT RELATING TO DUTIES OF SUPERVISORS OF THE 
CHECK-LIST. 

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

1. Reports, Voting Elsewhere. Amend chapter 31 of the 
Revised Laws by inserting after section 11 the following new 
section: 12. Reports from Supervisors. If at any session 
for correction, the supervisors of the check-list add thereto 
the name of any person who is transferring his voting resi- 
dence from another town or ward within this state and who 
has not secured a transfer card as provided in section 8 of this 
chapter, they shall by postcard or other suitable means forth- 
with notify the supervisors of said other town or ward of 
the name of said person and the fact of his transfer of voting 
residence. The supervisors receiving such notification shall 
forthwith remove from the check-list the name of said person. 



120 Chapter 107 [1947 

The words supervisors of the check-list shall be construed to 
include officers under special laws performing like duties. 

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

[Approved April 30, 1947.] 



CHAPTER 107. 



AN ACT RELATING TO REGISTRATION OF AND LICENSE TO DRIVE 
MOTOR VEHICLES. 

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

1. Munipical Permits. Amend chapter 116 of the Revised 
Laws by adding a new section as follows : 20-a. No fee shall 
be charged for permit to register a motor vehicle owned by a 
veteran of World Wars I or II who, because of being an am- 
putee, has received said motor vehicle from the United States 
government. 

2. Amputee. Amend section 1 of chapter 118 of the Pwe- 
vised Laws by inserting at the end thereof a new paragraph 
as follows: XIII. No fee shall be charged for registering a 
motor vehicle owned by a veteran of World Wars I or II who, 
because of being an amputee, has received said motor vehicle 
from the United States government. 

3. Operator's License. Amend section 9 of chapter 118 
of the Revised Laws by inserting at the end thereof a new 
paragraph as follows: V. No fee shall be charged for an 
operator's license issued to a veteran of World Wars I or II 
who, because of being an amputee, has received a motor 
vehicle from the United States government. 

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

[Approved April 30, 1947.] 



1947] Chapters 108, 109 121 

CHAPTER 108. 

AN ACT REPEALING PROVISIONS RELATIVE TO TEMPORARY 
DISQUALIFICATION OF SUPERVISORS OF THE CHECK-LIST. 

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

1. Repeal. Section 4-a, chapter 32 of the Revised Laws, 
as inserted by chapter 53, Laws of 1943, and section 2 of 
chapter 53 of the Laws of 1943 as amended by chapter 190 of 
the Laws of 1945, relative to temporary disqualification of 
supervisors of the check-list in certain cases, is hereby re- 
pealed. 

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

[Approved April 30, 1947.] 



CHAPTER 109. 

AN ACT RELATIVE TO MILITARY LEAVE FOR STATE EMPLOYEES. 

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

1. State Employees. Amend chapter 27 of the Revised 
Laws, by inserting after section 20 the following new section : 
20-a. Military Leave. Any employee of the state of New 
Hampshire, who is a member of the military or naval forces 
of the state or nation in an active or reserve status, shall upon 
request be entitled to not more than fifteen calendar days 
leave of absence without pay in any one calendar year or one 
twelve months' period for the purpose of military drill, train- 
ing or other duty under military or naval authority. 

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

[Approved April 30, 1947.] 



122 Chapters 110, 111 [1947 

CHAPTER 110. 

AN ACT RELATING TO DISQUALIFICATION OF THE JUSTICES OF THE 
SUPREME COURT. 

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

1. Supreme Court. Amend section 17, chapter 369, Re- 
vised Laws, by striking out said section and inserting in place 
thereof the following: 17. Disqualification. The provisions 
as to the disqualification of justices of the superior court 
apply to justices of the supreme court. Whenever two or 
more justices of the supreme court shall be disqualified or 
otherwise unable to sit in any cause or matter pending be- 
fore such court, the chief or senior associate justice of the 
superior court, upon notification by the chief or senior asso- 
ciate justice of the supreme court, shall assign two or more 
justices of the superior court to sit in place of the justices 
of the supreme court who are disqualified or unable to sit in 
the determination of such cause or matter. While thus 
sitting in the supreme court, such superior court justices shall 
have all the authority of a supreme court justice. No justice 
of the superior court shall be assigned to sit in the supreme 
court in the determination of any cause or matter upon which 
he has previously sat in the superior court. 

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

)[Approved April 30, 1947.] 



CHAPTER 111. 



AN ACT PROVIDING FOR THE AMENDMENT OF PROPERTY INVOICES 
AND TAX LISTS IN CERTAIN CASES. 

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

1. Taxation. Chapter 77, Pwevised Laws, is hereby 
amended by inserting after section 12 the following new sec- 
tion: 12-a. Amendment of Invoices and Tax Lists. In- 
voices and tax lists already delivered to tax collectors shall be 
amended by selectmen or assessors to the extent of correcting 



1947] Chapter 112 123 

errors or perfecting the description of certain property there- 
in hsted, upon apphcation made to them therefor by the tax 
collector prior to his posting notice of a tax sale in accord- 
ance with the provisions of section 19, chapter 80, Revised 
Laws, as amended by section 3, chapter 33, Laws of 1943; 
section 1, chapter 134, Laws of 1943 ; and by section 1, chapter 
98, Laws of 1945. Notice of such amendment to the invoice 
thereupon shall be sent by the selectmen or assessors, in writ- 
ing and by registered mail, to the last known address of the 
owner or of the persons taxed, before the list of delinquent 
taxes is publicly posted by the tax collector. 

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

i[Approved April 30, 1947.] 



CHAPTER 112. 

AN ACT RELATING TO THE COUNTING OF BALLOTS. 

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

1. Elections. Amend section 79 of chapter 34 of the Re- 
vised Laws, as amended by chapter 75 of the Laws of 1943, 
by inserting after the words "election officers herein pro- 
vided" in the fifth line the words, any such election officer may 
at any time during the counting inspect the ballots as they 
are being counted by the moderator, as that said section as 
amended shall read as follows: 79. Counting Ballots. Im- 
mediately after the polls are closed the ballots shall be ex- 
amined and the votes for the several candidates and on any 
questions submitted shall be counted by the moderator, in the 
presence of and with the assistance of the town clerk, the 
selectmen and the other election officers herein provided. Any 
such election officer may at any time during the counting in- 
spect the ballots as they are being counted by the moderator. 
The counting shall be public, but within the guard-rail, and 
shall not be adjourned nor postponed until it shall have been 
completed, and the whole number of ballots cast for each per- 
son and on each question submitted to the voters shall have 
been announced publicly. While being counted no ballot shall 



124 Chapter 113 [1947 

be placed within four feet of the guard-rail which forms the 
enclosure in which the counting is done ; and during such time 
only the aforesaid officers shall be allowed within said en- 
closure. 

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

[Approved April 30, 1947.] 



CHAPTER 113. 



AN ACT RELATIVE TO PRIOR SERVICE CREDITS FOR STATE 

EMPLOYEES WHO WERE IN THE ARMED SERVICES OF 

THE UNITED STATES. 

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

1. State Employees Retirement System. Amend chap- 
ter 27-A of the Revised Laws as inserted by chapter 183 of 
the Laws of 1945, by inserting after paragraph II of section 4 
the following new paragraph: III. 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, shall 
be entitled to prior service credit for his service rendered 
prior to the termination of his employment, as provided in 
paragraph II, and in addition thereto shall be entitled to 
service credit for the period of time when he was in the armed 
forces of the United States provided he elects to make all pay- 
ments to the system which he would have been required to 
make had he been in the employ of the state from the date 
of establishment to the date when he elects to become a mem- 
ber of the system as provided in paragraph II, and further 
provided that there shall be paid to the system such sums as 
may be needed to provide the state's share as employer. 

2. Appropriation. The sum of twenty-five thousand 
dollars ($25,000) is hereby appropriated for the purpose of 
carrying out the provision of this act relative to providing the 
state's contribution, and the governor is hereby authorized 
to draw his warrant for said sum out of any money in the 
treasury not otherwise appropriated. 



1947] Chapters 114, 115 125 

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

[Approved April 30, 1947.] 



CHAPTER 114. 

AN ACT RELATING TO ELECTIONS. 

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

1. Elections. Amend section 62, chapter 33, of the Revised 
Laws by striking out the entire section and inserting in lieu 
thereof the following: 62. Nomination Papers. The nomi- 
nation of a candidate may be made by petition, styled nomi- 
nation papers. Such papers shall contain the name and 
residence of the candidate, the office for which he is nomi- 
nated, the political party or principles he represents, and shall 
be signed by such persons only as are qualified to vote at the 
election of the candidates named in the petition. No voter 
shall sign more than one nomination paper for each officer to 
be voted for, and no nomination paper shall contain the names 
of more candidates than there are offices to be filled. Each 
voter shall sign an individual petition. 

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

[Approved April 30, 1947.] 



CHAPTER 115. 



AN ACT PROVIDING FOR THE PERAMBULATION OF THE MAINE AND 
NEW HAMPSHIRE BOUNDARY LINES. 

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

1. Perambulation. The boundary line between the state 
of New Hampshire and the state of Maine as marked on land, 
shall be perambulated and the line marked and bounds re- 
newed. The governor with the advice and consent of the 



126 Chapter 115 [1947 

council, shall appoint a surveyor from the highway depart- 
ment who shall, in conjunction with a duly authorized repre- 
sentative of the state of Maine, perambulate the boundary line 
from Bryant's Rock at East Pond to the Canadian line. 

2. Notice. The governor with the advice and consent of 
the council shall authorize the highway commissioner to 
notify and make such arrangements with the proper authori- 
ties of the state of Maine as may be necessary to carry out 
the provisions of this act. 

3. RetuiTi. A return of the perambulation shall be made, 
describing the marks and monuments of such line and particu- 
larly describing any change of location or resetting of any 
monument as authorized in this act, and such return shall be 
signed by the duly authorized representative of both states 
and a copy filed with the secretary of state. 

4. Expense. A sum not to exceed twenty-five hundred 
dollars to cover all expenses incurred by representation of 
this state incidental to such perambulation shall be paid by 
the state including one-half of the cost of renewing markers 
or monuments, and the governor is hereby authorized to draw 
his warrant therefor out of any money in the treasury not 
otherwise appropriated. 

5. Preservation of Existing Monuments. No person 
shall willfully or mahciously disturb or injure, or, except as 
herein provided, remove, obhterate, deface or cover up any 
monument or mark designating this boundary line of the 
state. Any persons desirous of removing and replacing any 
such monument or mark may apply in writing to the highway 
commissioner, who may grant permission therefor under his 
supervision, first making provision for preserving the exact 
location of the original boundary or mark, and also giving 
notice to the adjoining state of the time and place at which 
proposed action is to be taken. The monument shall be reset 
in the identical location from which it was removed, or at a 
convenient distance therefrom upon the boundary line. A 
full description of any change in such monument or mark, 
signed by the representative of both states, shall be recorded 
with the secretary of state. 

6. Penalty. Any person violating the provisions of sec- 
tion 5 of this act, shall be fined not more than fifty dollars or 
imprisoned not more than six months, or both. 



1947] Chapters 116, 117 127 

7. Takes Effect. This act shall take effect upon its pas- 
sage, provided that no work shall be done or money expended 
until similar legislation has been enacted by the state of 
Maine. 

[Approved April 30, 1947.] 



CHAPTER 116. 

AN ACT RELATING TO RACCOONS. 

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

1. Haccoons. Amend section 3 of chapter 244 of the Re- 
vised Laws by adding at the end thereof the words: No per- 
son shall take or attempt to take raccoons by use of a light 
from a motor vehicle, so that said section as amended shall 
read as follows: 3. Raccoons. Raccoons may be taken and 
possessed with the aid of and by the use of a dog and gun 
from October first to December first. No person shall take 
more than three raccoons from twelve noon of one day to 
twelve noon of the following day, nor more than ten raccoons 
in one season. No person shall hunt raccoons at night by the 
use of a rifle, revolver, or pistol larger than twenty-two calibre 
long rifle or by the use of shotgun shells carrying shot larger 
than number four or by the use of a light other than a kero- 
sene lantern exclusive of the pressure type or a flashlight with 
more than seven cells. No person shall take or attempt to 
take raccoons by use of a light from a motor vehicle. 

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

[Approved April 30, 1947.] 



CHAPTER 117.* 

AN ACT RELATING TO COMPENSATION OF JURORS. 

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

1. Jurors. Amend section 26 of chapter 375 of the Revised 
Laws by striking out in the third and fifth lines the word 



See chapter 200, post. 



128 Chapter 118 [1947 

"four" and inserting in place thereof the word, five, so that 
said section as amended shall read as follows: 26. Compen- 
sation. Grand and petit jurors shall be paid by the county 
for each day or part of a day which is spent in actual attend- 
ance at court, five dollars each; for travel to and from court 
each day, each mile six cents; for each day when attending 
court away from home, seventy-five cents for expenses; tales- 
men for each day's attendance, five dollars each. 

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

[Approved April 30, 1947.] 



CHAPTER 118. 



AN ACT RELATIVE TO MOTOR VEHICLE FINANCIAL 
RESPONSIBILITY. 

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

1. Financial Responsibility. Amend section 25 of chapter 
122, Revised Laws, by inserting after the word "department" 
in the seventh line, the words, nor to city or town police officer, 
nor to state police employee, and by inserting after the word 
"fire" in the eighth line the words, or police, so that said 
section as amended shall read as follows: 25. Application 
of Chapter. This chapter shall in no respect be considered as 
a repeal of the provisions of the motor vehicle laws but shall 
be construed as supplemental thereto. Its provisions shall not 
apply to a motor vehicle owned by, or under lease to, the 
federal government nor to a member of the national guard 
when engaged in military duty pursuant to orders from proper 
authority under existing state and federal laws, nor to a 
permanent, call, or volunteer fireman of a municipal fire de- 
partment, nor to city or town police officer, nor to state police 
employee, while on official duty, operating a motor vehicle 
owned by the state or said fire or police department and shall 
not apply to said motor vehicle while so operated. 

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

i [Approved April 30, 1947.] 



1947] Chapters 119, 120 129 

CHAPTER 119. 

AN ACT RELATIVE TO CREDIT UNIONS. 

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

1. Credit Union Committees. Amend section 29, chapter 
315 of the Revised Laws, by striking out said section and in- 
serting in place thereof the following: 29. Compensation. 
No member of the board of directors or of either the credit 
or supervisory committee shall receive any compensation for 
his services as a member of said board or of such committee. 
The officers elected by the board of directors may receive such 
compensation as the board shall authorize, if approved by the 
commissioner. However, if at any time any credit union 
organized under the provisions of this chapter shall have en- 
larged its business to such extent that this section may create 
an impediment to its proper functioning, the commissioner, 
upon petition of the board of directors, may permit said board 
of directors to pay such credit committee such compensation 
as he shall consider proper. 

[Approved April 30, 1947.] 



CHAPTER 120. 

AN ACT RELATING TO COASTING. 

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

1. Use of Highways. Amend section 13 of chapter 440 of 
the Revised Laws by adding at the end thereof the following: 
Provided, however, that the board, council or commission of 
any city, authorized to establish street traffic regulations or 
the selectmen of any town, may designate one or more streets 
for coasting and may adopt rules regulating the use of said 
streets by vehicles, so that said section as amended shall read 
as follows: 13. Coasting. No person shall coast or slide, 
upon a sled or other vehicle, upon or over a sidewalk, nor in a 
highway, in a village or thickly settled portion of a town or 
city, to the danger of travelers. Provided, however, that the 
board, council or commission of any city, authorized to estab- 



130 Chapter 121 i[1947 

lished street traffic regulations or the selectmen of any town, 
may designate one or more streets for coasting and may adopt 
rules regulating the use of said streets by vehicles. 

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

[Approved April 30, 1947.] 



CHAPTER 121. 



AN ACT TO ESTABLISH MONTHLY RETURN DAYS IN THE 
SUPERIOR COURT. 

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

Superior Court, Return Days 

1. Superior Court, Return Days. Amend section 2 of 
chapter 372 of the Revised Laws by striking out said section 
and by substituting therefor the following : 2. Return Days. 

The first Tuesday of every month shall be a return day in 
every county for writs, processes, citations and notices to 
appear, in all actions, bills in equity, Lbels, petitions and other 
civil proceedings in the superior court, and for the entry of 
civil and criminal appeals. If such first Tuesday is a legal 
holiday, all such writs, processes, citations and notices may be 
returned and such appeals entered on the day following. All 
such writs, processes, citations and notices may be made re- 
turnable at the election of the party who takes out the same, 
subject to the requirements for service, at any any return day 
within three months from the date thereof. The superior 
court may, however, make such writs, processes, citations and 
notices returnable at other times, and may allow the late entry 
of any writ, process or appeal upon such terms and conditions 
as justice may require. 

2. Writs, Service of. Amend section 1 of chapter 387 of 
the Revised Laws by striking out the words "sitting of the 
court to which" and by substituting therefor the words, re- 
turn day to which, so that as amended said section shall read : 
1. Time. All original writs and writs of mesne process shall 
be served fourteen days before the return day to which they 
are returnable. 



1947] Chapter 121 131 

3. Terms Continuous. Amend section 1 of chapter 373 of 
the Revised Laws by inserting the words, Terms Continuous, 
before the words "Absence of Justice," by inserting after said 
words the words: Each term shall commence on the day 
designated therefor and shall end on the day preceding the 
day designated for the commencement of the next term for 
the county, and by inserting after the words "is present" the 
words, on the first day of the term, so that as amended said 
section shall read : 1. Terms Continuous, Absence of Justice. 
Each term shall commence on the day designated therefor and 
shall end on the day precedmg the day designated for the 
commencement of the next term for the county. If no justice 
is present on the first day of the term, the sheriff, or, in his 
absence, the clerk may adjourn the court from day to day 
until one of the justices attends. 

4. Adjournments, Not to Terminate Term. Amend sec- 
tion 2 of said chapter 373 by inserting the word, adjourn- 
ments, before "Public Safety," by striking out the word "and" 
after the words "the next term," and by inserting in place 
thereof the words, and such adjournment shall excuse attend- 
ance during the adjournment of all persons required to attend, 
unless expressly notified to attend, but shall not otherwise 
suspend the term, so that as amended said section shall read: 
2. Adjoui'nments, Public Safety. The court may adjourn 
from time to time at discretion, but not beyond the next term 
and such adjournment shall excuse attendance during the 
adjournment of all persons required to attend, unless ex- 
pressly notified to attend, but shall not otherwise suspend the 
term. If, by reason of war, pestilence or other public 
calamity, it is unsafe or inexpedient to hold the term at the 
place appointed therefor, it may be adjourned to any other 
place in the county. 

Probate Courts, Appeals from Commissioners Reports 

5. Notice of Appeal. Amend section 3 of chapter 357 of 
the Revised Laws by striking out said section and by substi- 
tuting therefor the following: 3. Notice of Appeal. Upon 
the filing of such a petition the judge shall order that notice 
of the appeal of the return day and of the court at which the 
appeal will be entered, be given to the administrator, to- 
gether with a copy of the petition and declaration. The order 
shall provide that the appeal be entered at the next sub- 



132 Chapter 121 [1947 

sequent return day consistent with the requirements for 
service. 

6. Entry of Appeal, Return Day. Amend section 4 of said 
chapter 357 by striking out the words "at the term of the 
superior court holden next after the expiration of twelve days 
from such service" and by substituting therefor the words, in 
the superior court in accordance with the order of notice, so 
that as amended said section shall read: 4. Entry. The 
creditor shall enter his action in the superior court in accord- 
ance with the order of notice, and shall produce attested copies 
of the petition, declaration, and order of notice, and evidence 
of compliance with the order. 

7. Appeal by Adnunistrator or Heir, Creditor's Duty. 
Amend section 9 of said chapter 357 of the Revised Laws by 
inserting after the words ''and shall" the words, enter his 
action in the superior court at the next return day and, so that 
as amended said section shall read : 9. Creditor's Duty. The 
creditor, being notified of the appeal against him, shall file his 
declaration in the probate court within thirty days thereafter, 
shall serve a copy thereof upon the administrator, and shall 
enter his action in the superior court at the next return day 
and prosecute his claim in like manner as if he had himself 
appealed. 

Probate Court, Appeals From 

8. Appeal, Taken How. Amend section 1 of chapter 365 
of the Revised Laws by striking out the words "at the term 
next to be holden for the county," so that as amended said 
section shall read: 1. Who May Appeal. Any person 
aggrieved by a decree, order, appointment, grant or denial of 
a judge, which may conclude his interest and which is not 
strictly interlocutory, may appeal therefrom to the superior 
court. 

9. Notice of Appeal. Amend section 4 of said chapter 365 
by inserting after the words "of the appeal" the words, of the 
return day, and by adding thereto the words, the order shall 
provide that the appeal be entered at the next subsequent re- 
turn day consistent with the requirements for service, so that 
as amended said section shall read : 4. Notice. Notice shall be 
immediately given of the appeal, of the return day and of the 
court at which it will be entered and prosecuted, by publi- 
cation thereof, or by such personal notice as the judge of pro- 



1947] Chapter 121 133 

bate may order. The order shall provide that the appeal be 
entered at the next subsequent return day consistent with the 
requirements for service. 

Municipal and Justice Courts, Appeals From 

10. Justice Courts, Transfer of Case on Special Plea. 

Amend section 7 of chapter 376 of the Revised Laws by strik- 
ing" out the words "at the next term of the superior court" 
and by substituting therefor the words, in the superior court 
not later than the second return day after the filing of 
such plea, by, so that as amended said section shall read: 
7. Transfer of Case on Special Plea. If such special plea is 
filed, and the plaintiff does not elect to be nonsuited, he may 
enter the action in the superior court not later than the second 
return day after the filing of such plea, by filing with the clerk 
attested copies of the writ, plea and other papers used before 
the justice, and may prosecute the action in that court, as 
if originally commenced therein. 

11. Failure to Enter. Amend section 8 of said chapter 376 
by striking out the words "at such term" and by substituting 
therefor the words, as above provided, so that as amended 
said section shall read : 8. Neglect to Enter Action. If the 
plaintiff does not enter the action as above provided, costs, 
including those before the justice, may be allowed to the de- 
fendant, upon his complaint therefor, in the superior court. 

12. Appeals from Justice Courts. Amend section 9 of 
chapter 376 of the Revised Laws by striking out the words 
"next term of," so that as amended said section shall read: 
9. Civil Causes. Either party may appeal from the judg- 
ment of a justice, in a civil cause, to the superior court. 

13. Entry. Amend section 11 of said chapter 376 by in- 
serting after the words "his appeal" the words, at the next 
return day, so that as amended said section shall read: 11. 
Entry. The party appealing shall enter his appeal at the next 
return day, and file with the clerk of the court to which the 
appeal is taken attested copies of the record and of all papers 
in the cause before the justice. 

14. Crimina-l Appeals. Amend section 2 of chapter 425 of 
the Revised Laws by striking out the words "within thirty 
days of the taking of said appeal" and by substituting there- 
for the words, at the next return day, so that as amended said 



134 Chapter 121 {1947 

section shall read: 2. Appeals. A person sentenced for an 
offense, by a municipal court or justice of the peace, may, at 
the time such sentence is declared, appeal therefrom to the 
superior court, and said appeal shall be entered by the appel- 
lant at the next return day unless for good cause shown the 
time is extended by the superior court. The fees for copies 
sent to the superior court shall be taxed in the bill of costs. 
In all criminal cases which are so appealed, or in which de- 
fendants are bound over, it shall be the duty of the clerk of 
the superior court to transmit to the justice of the municipal 
court, within ten days after such case is finally disposed of, 
a certificate showing the final disposition of such case. 

Landlord and Tenant Actions 

15. Procedure on Plea of Title. Amend section 17, chap- 
ter 413 of the Revised Laws by striking out the words "to 
enter and prosecute the action at the next term of the superior 
court for the county," and by substituting therefor the words, 
to enter his action in the superior court for the county at the 
next return day, and to prosecute his action in said court, so 
that as amended said section shall read: 17. Plea of Title, 
Recognizance. If the defendant shall plead a plea which may 
bring in question the title to the demanded premises he shall 
forthwith recognize to the plaintiff, with sufficient sureties, 
in such sum as the justice or court shall order, to enter his 
action in the superior court for the county at the next return 
day, and to prosecute his action in said court, and to pay all 
rent then due or which shall become due pending the action, 
and the damages and costs which may be awarded against 
him. 

16. Appeals Entered When. Amend section 21 of said 
chapter 413 by inserting after the words "appealed to" the 
words, at the next return day, so that as amended said section 
shall read: 21. Procedure. The party appealing shall pro- 
duce certified copies of the whole case at the court appealed 
to at the next return day, and either party may there offer 
evidence as if the cause had been originally begun therein. 

17. Takes Effect. This act shall take effect September 1, 
1947, but no writ, process, citation, notice or appeal had or 
begun prior thereto, shall be affected thereby. 

[Approved April 30, 1947.] 



1947] Chapter 122 135 

CHAPTER 122. 

An act relating to inspection of apiaries. 

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

1. Apiaries. Amend section 36 of chapter 223 of the 
Revised Laws by striking out said section and inserting in 
place thereof tiie following: 3b. Inspector. The commis- 
sioner of agriculture shall appoint some person, qualified by 
experience and knowledge in beekeeping, an inspector of 
apiaries. Said inspector shall be responsiole to the commis- 
sioner for the performance of his duties under this subdivision 
and may be removed at any time on neglect of the duties of 
his office. The commissioner may appoint from time to time 
additional duly qualified apiary inspectors as may be needed. 

2. Inspection. Amend section 38 of chapter 223 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 38. Right of Entry; Authority 
of Inspector. The inspector shall have free access at all 
reasonable hours to all apiaries or other premises where bees, 
bee products, supplies or appliances used in apiaries are kept, 
and may make such examination of the bees, bee products, 
supplies or appliances as may be necessary to ascertain the 
existence of any contagious or infectious disease harmful to 
bees in the egg, larval, pupal or adult stage. If, by reason of 
such examination, the inspector is satisfied of the existence 
of any such disease or diseases, he shall order the owner to 
eradicate same within ten days after a date specified in writ- 
ing by the inspector, or he may with the consent and co- 
operation of the owner proceed immediately to eradicate same 
by the methods prescribed by the commissioner of agricul- 
ture. 

3. Hives. Amend chapter 223 of the Revised Laws by 
inserting after section 38 the following new section: 38-a. 
Moveable Frame Hives Required. On and after July 1, 1948, 
it shall be unlawful for any person, firm or corporation to 
keep or maintain honey bees in any hives other than modern, 
moveable, frame hives which permit the thorough examina- 
tion of every comb in order to detect the presence of bee dis- 
eases. All other types of boxes or receptacles for bees which 
are in use after July 1, 1948, are hereby declared to be a 



136 Chapter 122 ;[1947 

public nuisance, and a menace to the community, and the com- 
missioner or his authorized representative may seize and de- 
stroy same without remuneration to the owner; provided, 
also, that package bees which may, after the passage of this 
act, be housed temporarily in non-moveable frame containers 
shall within sixty days be transferred to suitable hives with 
moveable frames, or destroyed. 

4. Violations. Amend section 39 of chapter 223 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 39. Penalty. Any person vio- 
lating or failing to comply with any provisions of this sub- 
division shall be fined fifty dollars or imprisoned for not ex- 
ceeding thirty days. 

5. Freedom from Disease. Amend section 41 of chapter 
223 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 41. Certifying 
Imports. No bees, or used bee supplies or equipment shall be 
shipped or moved into the state without a certificate signed 
by a legally authorized inspector that they are free from any 
infectious or contagious disease. Bees and queen in mailing 
cages shall be considered as a colony for the purposes of this 
subdivision. 

6. Commissioner of Agriculture. Amend section 42 of 
chapter 223 of the Revised Laws by striking out said section 
and inserting in place thereof the following : 42. Regulations. 
The commissioner of agriculture is hereby empowered to make 
and enforce such regulations as in his judgment may be 
necessary to control, eradicate or prevent the introduction, 
spread or dissemination of any and all bee diseases, and to 
enforce the provisions of this subdivision. In the control or 
eradication of dangerous bee diseases the commissioner of 
agriculture or his authorized representatives may destroy by 
burning or otherwise any infected bees, hives, honey or appli- 
ances that he may deem necessary for such control or eradi- 
cation, without remuneration to the owner. Such infected 
bees, hives, honey and appliances shall be deemed a public 
nuisance. 

7. Protection of Bees. Amend section 43 of chapter 223 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 43. Spraying Trees, 
When Prohibited. It shall be unlawful to use any poisonous 



1947] Chapter 123 137 

material in the form of spray or dust upon fruit trees, shade 
trees, or shrubs that are in blossom; provided, that such 
poisonous material may be used prior to the opening of the 
blossoms and after the petals have fallen from ninety per cent 
of the blossoms. And provided further, that the commis- 
sioner of agriculture may permit the use of specific materials 
for fruit blossom thinning sprays after consultation with the 
research staff of the New Hampshire agricultural experiment 
station. The commissioner of agriculture shall cause to be 
published annually in April in the Weekly Market Bulletin 
a list of approved blossom thinning materials. 

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

'[Approved April 30, 1947.] 



CHAPTER 123. 

AN ACT RELATING TO CONSOLIDATION OF BANKS. 

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

1. Banks. Amend section 2 of chapter 311 of Revised 
Laws of New Hampshire, 1942, by striking out the word 
"shall" in the last line thereof and inserting the word, may, 
in place thereof so that said section as amended shall read 
as follows: 2. Notice; Reference. When any such petition 
shall be filed the court, or justice, shall fix a time for a hear- 
ing thereon, and after due notice by publication to all parties 
interested, and such other notice as the court may order, and 
hearing, the court may refer said petition to the bank com- 
missioner. 

2. Bank Commissioner. Amend section 6 of said chapter 
311 by striking out the same and inserting in place thereof 
the following: 6. Report. The commissioner shall forth- 
with make a report to the court of his findings and determi- 
nations, and of the expense of said hearings, and findings, 
which expenses shall be paid by the petitioners. Upon due 
notice to all parties of record the court shall thereupon enter 
a final decree. 

3. Court Finding. Amend section 7 of said chapter 311 



138 Chapter 123 [1947 

by striking out said section and inserting in place thereof 
the following: 7. Decree. If the court shall find that the 
public convenience and advantage and the interests of said 
several parties will be promoted by the action sought by said 
petitioners, the court shall fix a date before which funds of 
depositors in the banks to be consolidated may be withdrawn 
on demand, order notice of such date and a summary of the 
plan of consolidation to be mailed at least thirty days before 
such date to each depositor of the several banks and to be 
published at least once each week for three successive weeks 
in some newspaper published in the county or counties in 
which the several banks are located, the first publication be- 
ing at least thirty days before such date, and shall authorize 
the trustees or directors of the several banks to transfer, 
merge or consolidate their respective assets subject to their 
respective liabilities. 

4. Depositors. Amend section 8 of said chapter 311 by 
striking out said section and inserting in place thereof the 
following: 8. Assent of. Any depositor of the banks to be 
consolidated who, on or before the date fixed by the court, 
shall not withdraw the amount deposited to his credit, shall be 
deemed to have assented to the plan and shall be entitled to a 
deposit of a like amount without interruption of interest in 
the bank resulting from the consolidation. 

5. Dissolution. Amend section 11 of said chapter 311 by 
striking out said section and inserting in place thereof the 
following: 11. Other Orders. The court shall make all 
other and further orders and decrees in respect to the dis- 
solution or winding up of the respective institutions that may 
be necessary for the protection of all parties interested. 

6. Authority. Amend section 12 of said chapter 311 by 
striking out said section and inserting in place thereof the 
following: 12. Petition to Commissioner. Banking institu- 
tions which may be united under the preceding subdivision 
may apply by petition to the bank commissioner for authority 
to contract for union under the terms and conditions therein 
set forth, provided the owners of two-thirds of the capital 
stock, if any, of the respective institutions, otherwise two- 
thirds of the members of the respective corporations, shall 
have so voted. 

7. Commissioner. Amend section 13 of said chapter 311 
by striking out said section and inserting in place thereof the 



1947] Chapter 123 139 

following: 13. Authority to Contract for Union. Upon re- 
ceipt of such petition the commissioner, after such notice as 
he deems sufficient, shall hear the petitioners, and if after 
such investigation as he deems necessary, he finds that the 
public convenience and advantage and the interest of said in- 
stitutions, their members, stockholders, and depositors, will 
be promoted by the proposed union, and that it can be made 
without reducing the amount standing to the credit of any 
depositor as of the effective date of the union, and without 
the apparent necessity of then imposing some restriction on 
the withdrawal of funds by depositors, he may authorize the 
proposed union by contract under such terms and conditions, 
including notice to the depositors as provided in section 15, as 
he shall certify to the petitioners. The petitioners shall pay 
all expenses incurred by the commissioner and his assistants 
in connection with the consolidation. 

8. Required Voies. Amend section 14 of said chapter 311 
by striking out said section and inserting in place thereof the 
following: 14. Contract for Union. Upon receipt of such 
certificate the petitioners, by vote of the owners of two-thirds 
of the capital stock, if any, of the respective institutions, 
otherwise two-thirds of the members of the respective corpo- 
rations, may contract for union in accordance therewith, 
specifying an erfective date of union; and when the commis- 
sioner shall have certified on such contract his approval there- 
of and shall have given notice to depositors as required in 
section 15, the trustees or directors of the contracting insti- 
tutions shall, upon the effective date of union, have authority 
to transfer, merge or consolidate their respective assets sub- 
ject to their respective Uabilities. One copy of the contract 
for union signed by the parties thereto shall be filed with the 
commissioner. 

9. Contracting Institutions. Amend section 15 of said 
chapter 311 by striking out said section and inserting in place 
thereof the following: 15. Notice to Depositors. The 
commissioner shall give notice of union by contract to all de- 
positors of the contracting institutions. Said notice shall in- 
clude the names and business addresses of the contracting in- 
stitutions, a summary of the plan of consolidation, the 
effective date of union, and the fact that the amount due each 
depositor of the respective institutions may be withdrawn on 



140 Chapter 123 ([,1947 

or before the effective date of union upon demand. Said 
notice shall be sufficient if mailed at least thirty days before 
the effective date of union to each depositor of the contracting 
banks to the address as it appears in the records of the in- 
stitutions and the commissioner's certificate that he has sent 
such notice shall be conclusive evidence thereof. 

10. Effect on Deposi'ts. Amend section 17 of said chapter 
311 by striking- out said section and inserting in place thereof 
the following: 17. Assent of Depositors. Any depositor of 
the banks to be consolidated who, on or before the effective 
date of union, shall not withdraw the amount deposited to his 
credit, shall be deemed to have assented to the plan and shall 
be entitled to a deposit of a like amount without interruption 
of interest in the bank resulting from the consolidation. 

11. Determination of Interests. Amend section 18 of said 
chapter 311 by striking out said section and inserting in place 
thereof the following: 18. Dissenting Stockholders. Any 
stockholder present in person or by proxy at a meeting called 
to consider a proposed merger or consolidation under the pro- 
visions of this chapter and voting against such merger or 
consolidation, who shall within thirty days after any such vote 
to merge or consolidate make a demand in writing upon the 
corporation for payment to him for his stock at its fair value, 
shall be entitled to the benefits and subject to the provisions 
of sections 76 to 79 inclusive of chapter 274. 

12. Effective Date. Amend section 19 of said chapter 311 
by striking out said section and inserting in place thereof the 
following: 19. Name and Charter Powers. The bank re- 
sulting from a consolidation under the provisions of this 
chapter may adopt the charter of either of the consolidating 
banks with such change of name as may be desirable. Any 
proposal for such adoption of charter and change of name 
shall be set forth in the petition filed under sections 1 or 12 
hereof and shall become effective upon approval thereof by 
the bank commissioner and the attorney general or assistant 
attorney general, and filing in the office of the secretary of 
state together with the payment of a fee of five dollars. 

13. Contracting Corporations. Amend section 20 of said 
chapter 311 by striking out said section and inserting in place 
thereof the following: 20. Subrogation on Dissolution. 
Any decree or legislative act of dissolution of any contracting 
corporation shall be construed to subrogate the commissioner 



1947] Chapters 124, 125 141 

to its rights against any other contracting institution to the 
extent that the contract for union shall be enforceable after 
such dissolution as well as before. 

14. Repeal. Sections 4, 5, 9, 10 and 16 of said chapter 311, 
relative to appraisal of assets, unclaimed deposits and de- 
positors' right of action, are hereby repealed. 

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

[Approved April 30, 1947.] 



CHAPTER 124. 



AN ACT RELATIVE TO PAYMENT OF SMALL RETIREMENT 
ALLOWANCES. 

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

1. State Employees Retirement System. Amend paragraph 
XVIII, section 1 of chapter 27-A of the Revised Laws, as in- 
serted by chapter 183, Laws of 1945, by striking out said 
paragraph and inserting in place thereof the following : XVIII. 
"Retirement allowance" shall mean the sum of the employee 
annuity and the state annuity. In lieu of a retirement allow- 
ance of less than ten dollars per month, the board of trustees 
may make a lump sum payment equivalent to such retirement 
allowance in actuarial value. 

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

[Approved April 30, 1947.] 



CHAPTER 125. 



AN ACT RELATING TO CONVEYANCES FREE OF THE DOWER, 
CURTESY AND HOMESTEAD RIGHTS. 

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

1. Conveyance. Amend chapter 340, Revised Laws, by in- 
serting after section 7 the following new sections : 7-a. Con- 



142 Chapter 126 [1947 

veyance Barring Dower, Curtesy and Homestead Rights. A 

married man or woman who is justifiably living apart from 
his or her spouse ^ecause sucn spouse has been guilty of 
conduct which constitutes cause for divorce, and who wishes 
to convey real estate, may apply by petition to the judge of 
probate for the county m which the real estate lies for a 
license to convey the same in such manner as to bar all rights 
of dower, curtesy or homestead therein to which such guilty 
spouse may then or thereafter be entitled. 

'7-b. Procedure, Etc. Upon the filing of the petition, a 
citation to the other party to the marriage shall issue and 
service thereof shall be made as provided in chapter 349. If, 
after hearing, the judge is satisfied that the necessary cause 
for divorce is in existence and that no injustice will result, 
he may grant the license. A conveyance made under the 
license shall be a complete bar to all rights of dower, curtesy 
or homestead to which such guilty party may then or there- 
after be entitled in the premises so conveyed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage, but nothing herein contained shall affect the validity or 
invalidity of any conveyances made prior to the effective date 
hereof. 

[Approved May 1, 1947.] 



CHAPTER 126. 



AN ACT RELATIVE TO MODIFICATIONS OF THE STATE EMPLOYEE 
CLASSIFICATION PLAN. 

Be it enacted by the Sermte and Home of Representatives in 
General Court convened: 

1. Classification Plan. Amend section 4 of chapter 145 of 
the Laws of 1943, as amended by section 2, chapter 207, Laws 
of 1945, by striking out said section and inserting in place 
thereof the following: 4. Modifications. The board shall 
have the authority to modify and revise the plan for the 
classification of salaries and positions from time to time as 
new functions or divisions of government are added or elimi- 
nated or as changes in conditions and circumstances in state 
service may justify. Such modifications or revisions shall be- 



1947] Chapter 127 143 

come effective after approval thereof by the governor and 
council. All employees of new departments of the state gov- 
ernment or new divisions of any department, created after 
July 1, 1943, shall come within the provisions of this classifi- 
cation plan except as otherwise provided under (c), (d) and 
(e) of section 1 of chapter 145, Laws of 1943. 

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

[Approved May 1, 1947.] 



CHAPTER 127. 



AN ACT RELATING TO BRIBERY OF PARTICIPANTS IN PROFESSIONAL 
OR AMATEUR GAMES, SPORTS, CONTESTS AND HORSE RACING. 

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

1. Professional or Amateur Sports, Contests or Horse 
Racing. Amend chapter 447 of the Revised Laws by adding 
after section 18 the following new subdivision: 

Bribery 

IS-a-. Bribery. Whoever gives, promises or offers to any 
professional or amateur baseball, football, hockey, polo, tennis 
or basketball player or boxer or any player who participates or 
expects to participate in any professional or amateur game or 
sport or any jockey, driver, groom or any person participating 
or expecting to participate in any horse race, including owners 
of race tracks and their employees, stewards, trainers, judges, 
starters or special policemen, or to any manager, coach or 
trainer of any team or participant or prospective participant 
in any such game, contest or sport, any valuable thing with 
intent to influence him to lose or try to lose or cause to be 
lost or to limit his or his team's margin of victory in a base- 
ball, football, hockey or basketball game, boxing, tennis or 
polo match or a horse race or any professional or amateur 
sport, or game, in which such player or participant or jockey 
or driver, is taking part or expects to take part, or has any 
duty or connection therewith, or who, being a professional or 
amateur baseball, football, hockey, basketball, tennis or polo 



144 Chapter 128 [1947 

player, boxer, or jockey, driver, or groom or participant or 
prospective participant in any sport or game or a manager, 
coach or trainer of any team or individual participant or pro- 
spective participant in any such game, contest or sport, 
solicits or accepts any valuable thing to influence him to lose 
or try^to lose or cause to be lost or to limit his or his team's 
margin of victory in a baseball, football, hockey or basketball 
game or boxing, tennis or polo match, or horse race or any 
game or sport in which he is taking part, or expects to take 
part, or has any duty or connection therewith, shall be fined 
not more than ten thousand dollars or imprisoned for not more 
than five years nor less than two years. 

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

[Approved May 7, 1947.] 



CHAPTER 128. 

AN ACT RELATING TO INSTITUTIONAL GUARDIANS. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Appointment. Amend section 6 of chapter 342 of the 
Revised Laws by adding after the words "pubHc welfare" the 
words, New Hampshire Children's Aid Society, New Hamp- 
shire Catholic Charities, Inc., so that said section shall read as 
follows: 6. Petitioners; Appointment. The probate court 
in the county in which any minor is residing may, after 
reasonable notice to the parents, appoint a guardian for such 
minor, who shall have during the minority of his ward the full 
custody and control of said ward and his estate and earnings, 
upon petition of the mayor, overseer of the poor, or selectmen 
of the city or town in which the minor is residing, the county 
commissioners, the commissioner of public welfare. New 
Hampshire Children's Aid Society, New Hampshire Catholic 
Charities, Inc., or the New Hampshire Society for the Pre- 
vention of Cruelty to Children, such petition setting forth 
that the parents of said minor, or other person having his 
custody, are unfit to have the custody and control of said 
minor and of his estate and earnings, or that his parents are 
living apart and the circumstances are such that the inter- 
ests of such minor require that a guardian be appointed. 



1947] Chapter 129 145 

2. Institution. Amend section 9 of chapter 342 of the 
Revised Laws, by striking out after the word "welfare" in 
the second hne the word, or, and by inserting after the word 
"children" in the third line the words, the New Hampshire 
Children's Aid Society or the New Hampshire Catholic Chari- 
ties, Inc., so that said section as amended shall read as 
follows : 9. Institutional Guardians. Any home for orphans 
situated in and incorporated under the laws of this state, the 
commissioner of public welfare, the New Hampshire Society 
for the Prevention of Cruelty to Children, the New Hampshire 
Children's Aid Society, or the New Hampshire Catholic 
Charities, Inc. may be appointed guardian of any minor. 

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

[Approved May 7, 1947.] 



CHAPTER 129. 



AN ACT RELATIVE TO THE OPEN SEASON AND BAG LIMIT 
ON PHEASANTS. 

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

1. Taking- Game Birds. Amend section 2 of chapter 243 
of the Revised Laws, as amended by chapter 42, Laws of 1945, 
by inserting before the word "pheasants" in the first and 
third lines the word, male, and by striking out the words "of 
which not more than one shall be a hen pheasant" so that said 
section as amended shall read as follows: 2. Pheasants. 
Male pheasants may be taken and possessed from October 
fifteenth to November sixteenth. No person shall take more 
than two male pheasants in any one day. No person shall 
take more than ten pheasants in any one calendar open sea- 
son, 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 May 7, 1947.] 



146 Chapters 130, 131 [1947 

CHAPTER 130. 

AN ACT RELATING TO THE POWERS OF TOWNS. 

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, Revised Laws, as amended by section 1, chap- 
ter 54, Laws of 1945, by inserting after the word "provide" 
in the fourth line the words, by gift, deed or otherwise, and 
by inserting at the end thereof the words, or any other 
veterans organization, and by striking out the word "or" in 
the seventh line so that said paragraph as amended shall read 
as follows: X. Memorials. To procure and establish a 
monument, memorial building or testimonial to the services 
of soldiers and sailors of each town; to celebrate their return 
and to provide by gift, deed or otherwise, or defray the ex- 
pense 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, Veterans of Foreign Wars or any other veterans 
organization. 

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

[Approved May 7, 1947.] 



CHAUTER 131. 



AN ACT RELATIVE TO RETIREMENT BENEFITS FOR STATE 
EMPLOYEES AND EMPLOYEES OF POLITICAL SUBDIVISIONS. 

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

1. Accidental Disability Allowances. Amend paragraph 
IV of section 6 of chapter 27-A of the Revised Laws, as in- 
serted by chapter 183, Laws of 1945, by striking out said 
paragraph and inserting in place thereof the following: IV. 
Upon accidental disability retirement the member shall re- 
ceive a service retirement allowance if he has attained age 
sixty-five; otherwise he shall receive an accidental disability 
retirement allowance which shall consist of: (a) An em- 



1947] Chapter 131 147 

ployee annuity which shall be the actuarial equivalent of his 
accumulated contributions at the time of retirement; and (b) 
A state annuity which, together with his employee annuity, 
shall be equal to one-half of his average final compensation. 

2. Local Retirement Systems. Amend section 17 of chap- 
ter 27-A of the Revised Laws, as inserted by chapter 183, 
Laws of 1945, by striking out said section and inserting in 
place thereof the following: 17. Limitation on Membership. 
The retirement system and the provisions hereof shall not 
apply to any person benefited by or entitled to participate 
under any other provision of law which provides wholly or in 
part at the expense of the state or of any subdivision thereof, 
for retirement benefits for employees of the state, their 
widows, or other dependents. 

3. Political Subdivisions. Amend paragraph I of section 4 
of chapter 201, Laws of 1945, by striking out said paragraph 
and inserting in place thereof the following: 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 be- 
comes effective, and any such officer or employee who elects 
to join the state employees' retirement system within one 
year thereafter shall be entitled to a prior service certificate 
covering such periods of previous service rendered to such 
employer, or its predecessor. Thereafter service for such em- 
ployer on account of which contributions are made by the em- 
ployer and member shall be considered also as creditable 
service. 

4. Municipal Employees. Amend section 5 of chapter 201 
of the Laws of 1945 by striking out said section and insert- 
ing in place thereof the following: 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 herein shall be entitled to benefits under 
the state employees' retirement system as though they were 
state employees, except that on or after five years from the 
date when participation becomes effective any such member 
in service who attains or has attained age seventy, except an 
elected official, shall be retired forthwith or on the first day 
of the next calendar month, unless an extension of service is 
granted by vote of the governing body. Such employees may 
also be entitled to additional service retirement allowances 



148 Chapter 132 t[1947 

as provided by (c) of paragraph II, section 5, chapter 27-A, 
Revised Laws, only upon the authority and at the discretion 
of the governing- body of the county, city, town, school dis- 
trict or other political subdivision by vote legally adopted. 

5. Applica'tion. Any person who was an employee of the 
state on July 1, 1945, or any employee of a political sub- 
division on the date of the establishment of the state retire- 
ment system for such subdivision, who was ineligible to join 
the system because of the then limitations on membership 
provided by section 17, chapter 27-A, Revised Laws, may, 
if application therefor is made within thirty days after the 
passage of this act, and if he is now eligible under the pro- 
visions of said section 17 as hereinbefore amended, become 
a member of the system as of the date of said application, 
with service credit prior to date of establishment but not for 
credit for the period between the date of establishment and 
the date of application unless he shall elect to make all pay- 
ments to the system which would have been due had he been 
a member as of said date of establishment. 

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

[Approved May 7, 1947.] 



CHAPTER 132. 



AN ACT REGARDING THE CLOSING OF CERTAIN LAKES AND 
PONDS FOR FISHING. 

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

1. Regulations by Fish and Game Director. Amend 
section 14 of chapter 240 of the Revised Laws by striking out 
in line 6 the word "thirty" and substituting therefor the word, 
sixty, so that said section as amended shall read as follows: 
14. Areas Closed Temporarily to Hunting. Notwithstanding 
the other provisions of this chapter, the director shall have 
the power and authority to close to hunting any area in which 
it is in his opinion dangerous to human life to hunt thereon 
because of people working therein, and he shall have the 
power and authority to close any season for the taking of 



1947] Chapter 133 149 

fish in any area for not over sixty days in any calendar year 
when in his opinion such action shall be necessary for the 
protection or preservation of the fish in such area. Any rule, 
regulation or order of the director issued pursuant to this 
section shall take effect at such time as shall be stated there- 
in and shall be given such publication as the director may in 
his discretion deem proper to fairly acquaint the residents 
of the locality affected thereby of the provisions thereof, 

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

[Approved May 7, 1947.] 



CHAPTER 133.* 

AN ACT TO AMEND THE TOBACCO TAX ACT, SO-CALLED. 

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

1. Tobacco Tax. Amend section 1 of chapter 79 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 1. Definitions. Whenevei* 
used in this chapter the following words shall have the mean- 
ings set opposite them below: 

I. "Commission," the state tax commission. 

II. "Person," any individual, firm, fiduciary, partnership, 
corporation, trust, or association, however formed. 

III. "Manufacturer," any person in this state engaged 
in the business of manufacturing tobacco products. 

IV. "Licensed manufacturer," a manufacturer licensed 
hereunder. 

V. "Wholesaler," any person in this state having an 
established regular place of business who shall purchase his 
tobacco products stock direct from a manufacturer and who 
shall sell not less than eighty-five per cent of his tobacco prod- 
ucts stock to a sub-jobber, vending machine operator or re- 
tailer. 

VI. "Licensed wholesaler," a wholesaler licensed here- 
under. 

VII. "Sub-jobber," any person in this state having an 
established regular place of business, other than a wholesaler, 



* See chapter 238, post. 



150 Chapter 133 ,[1947 

who shall sell at least seventy-five per cent of his tobacco 
products to vending machine operators and to retailers, pro- 
vided any person owning and operating twenty or more retail 
stores in this state or any person who by nature of the 
national character of his business shall be a direct buyer 
from manufacturers of tobacco products but has less than 
twenty required stores in this state and who shall buy such 
tobacco products at wholesale in this state and sell them direct 
to the consumer in said stores shall be considered a sub- jobber 
as herein defined. 

VIII. "Licensed sub-jobber," a sub-jobber licensed here- 
under. 

IX. "Vending machine operator," any person owning or 
operating twenty-five or more machines distributing tobacco 
products at retail. 

X. "Licensed vending machine operator," a vending 
machine operator licensed hereunder. 

XL "Retailer," any person who sells tobacco products 
to consumers thereof. 

XIL "Licensed retailer," a retailer licensed hereunder. 

XIII. "Sale" or "sell," any transfer, whether by bargain, 
gift, exchange, barter or otherwise. 

XIV. "Tobacco products," shall include perique, granu- 
lated, plug cut, crimp cut, ready rubbed and other smoking 
tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, 
fine-cut and other chewing tobaccos, shorts, the refuse of fine- 
cut chewing, refuse scraps, clippings, cuttings and sweepings 
of tobacco and other kinds and forms of tobacco, prepared in 
such manner as to be suitable for chewing or smoking in a 
pipe or to be made into cigarettes or otherwise, or both for 
chewing and smoking, and substitutes therefor, and shall in- 
clude cigarettes and cigars. 

XV. "Usual selling price" means the normal retail sell- 
ing price of tobacco products as determined by the tax com- 
mission. In determining the usual selling price the commis- 
sion shall consider the generally established price of tobacco 
products at retail stores in this state for a period of at least 
two years before such determination, and the wholesaler's price, 
usual retailer's profit, and advertised prices both within and 
without this state. Advertised "cut-rate" prices and quantity 
discounts allowed by retailers shall be evidence that the "usual 
selling price" is higher than such "sale" or bargain prices. 



1947] Chapter 133 151 

2. Requirements. Amend section 2 of chapter 79 of Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 2. Licenses. Each manufacturer, 
wholesaler, sub- jobber, vending machine operator and retailer 
shall secure a license from the commission before engaging 
in the business of selling tobacco products in this state or con- 
tinuing to engage therein. Each wholesale, sub-job and retail 
outlet shall have a separate license and a separate application 
shall be made therefor regardless of the fact that one or more 
outlets may be owned or controlled by a single person. Each 
tobacco products vending machine to be operated in this state 
shall be licensed by the commission and appropriately identi- 
fied as such in such manner as the commission may determine. 
The commission shall issue a license upon application stating* 
such information necessary to identify the outlet and the char- 
acter of business transacted, as the commission may require 
for the proper administration of this chapter. The fees for 
licenses shall be: Twenty-five dollars for a manufacturer's 
license; one hundred dollars for a wholesaler's license; fifty 
dollars for a sub-jobber's license; ten dollars for a vending ma- 
chine operator's license ; and one dollar for a retailer's license, 
for the purpose of helping to pay the cost of administering this 
chapter. Each license shall be prominently displayed on the 
premises described in it. Any person who shall sell, offer for 
sale or possess with intent to sell any tobacco products with- 
out such license as herein provided shall be fined not more 
than twenty-five dollars for the first offense and not less than 
twenty-five dollars and not more than two hundred dollars 
for each subsequent offense. 

3. Expiration. Amend section 3 of chapter 79 of Revised 
Laws by striking out the same and inserting in place thereof 
the following: 3. Term of Validity of License. Licenses 
issued hereunder shall expire on June thirtieth next succeed- 
ing the date of issuance, unless sooner revoked or unless the 
business in respect to which the license was issued should 
change ownership. Licenses may be renewed upon signed 
application as provided in section 2 and paying fee therein 
prescribed. No person shall cause a cigarette vending ma- 
chine to be operated in this state unless such machine shall 
have been licensed by the commission as a retailer and appro- 
priately identified as such in such manner as the commission 
shall determine. 



152 Chapter 133 i[1947 

4. Revocation. Amend section 4 of chapter 79 of Revised 
Laws by striking out the same and inserting in place thereof 
the following: 4. Revocation of License. The commission 
may revoke any license issued hereunder for failure of the 
holder thereof to comply with the provisions of sections 1 
through 17 and lawful rules and regulations established there- 
under. 

5. Exemptions. Amend section 6 of chapter 79 of Re- 
vised Laws by striking out the same and inserting in place 
thereof the following : 6. Stock-in-Trade Tax. The average 
value for the year of the stock of tobacco products carried by 
a licensed manufacturer, wholesaler, sub-jobber, vending 
machine operator or retailer shall be deducted from his stock 
'in trade in computing the tax imposed by section 16 of chap- 
ter 73, and to that extent he shall be exempted from the tax 
on stock in trade. 

6. Licensees. Amend section 7 of chapter 79 of Revised 
Laws by striking out the same and inserting in place thereof 
the following : 7. Stamps. The tax commission shall secure 
stamps, of such design and denomination as it shall prescribe, 
suitable to be affixed to packages of tobacco products, as 
evidence of the payment of the tax imposed by this chapter. 
The commission shall sell such stamps to licensed manu- 
facturers, wholesalers and sub- jobbers at a discount of five 
per cent of their face value to encourage manufacturers, whole- 
salers and sub-jobbers to affix such stamps and compensate 
them for so doing, and to licensed vending machine operators 
and retailers at their face value. The tax commission may 
in its discretion permit a licensed manufacturer, wholesaler, 
sub-jobber, vending machine operator or retailer to pay for 
such stamps within thirty days after the date of purchase, 
provided a bond satisfactory to the tax commission in an 
amount not less than the sale price of such stamps shall have 
been filed with the commission, conditioned upon the payment 
of such stamps. The tax commission shall keep accurate rec- 
ords of all stamps sold to each manufacturer, wholesaler, sub- 
jobber, vending machine operator and retailer and shall pay 
over all receipts from the sale of such stamps to the state 
treasurer daily. 

7. Authority of Commission. Amend section 8 of chapter 
79 of the Revised Laws by striking out the same and inserting 



1947] Chapter 133 158 

in place thereof the following: 8. Metering Machines. The 
commission may authorize any licensee to use a metering 
machine in lieu of stamps in accordance with such rules and 
regulations prescribed by it as may be necessary to insure 
payment of all taxes properly due in accordance with this 
chapter. The commission shall not permit the use of any 
such machine until prepaynient covering the cost of the tax 
less discount, if any, for which the meter is set, shall have 
been made or unless a bond satisfactory to the commission 
shall have been filed, conditioned upon the payment of said 
amount. Cash may be used as security in place of surety 
bond. Each machine shall be read and inspected at least once 
a month, and unless prepayment on account of said machine 
shall have been made the tax shall be determined at the time 
of each inspection, and after allowing for the discount, if any, 
as provided herein, it shall become at once due and payable. 

8. Stamps. Amend section 9, chapter 79, Revised Laws, 
as amended by chapter 6, Laws of 1947, by striking out the 
same and inserting in place thereof the following : 9. Resale 
and Redemptioin. No manufacturer, wholesaler, sub-jobber, 
vending machine operator or retailer shall sell or transfer any 
stamps issued under the provisions hereof. The commission 
shall redeem any unused, uncancelled stamps presented by any 
licensed manufacturer, wholesaler, sub-jobber, vending machine 
operator or retailer, at a price equal to the amount paid there- 
for by such licensee. In case such stamps are destroyed be- 
fore affixing the commission shall refund the purchase price 
upon presentation of evidence of such destruction satisfactory 
to the commission, but no refund shall be made for stamps 
destroyed after affixing. The state treasurer shall provide, 
out of money collected hereunder, the funds necessary for re- 
demption or refund. 

9. Nonresidents. Amend section 10 of chapter 79 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 10. Authorized to Affix Stamps. If 
the commission shall find that the collection of the tax hereby 
imposed would be facilitated, it may in its discretion author- 
ize any person resident or located outside this state and en- 
gaged in a business which would make such person if he 
carried it on in this state a manufacturer, wholesaler, sub- 
jobber, vending machine operator or retailer as defined herein, 



154 Chapter 133 [1947 

to affix the stamps required by this chapter on behalf of the 
purchasers of such tobacco products. The commission may 
sell stamps to such person or the commission may authorize 
the use of a metering machine as provided herein. No stamps 
shall be sold or no such authorization shall issue, however, un- 
til such nonresident person shall have appointed the secretary 
of state his attorney for the service of process in this state in 
the same manner as provided in chapter 280. Service shall 
be made on the secretary of state as agent of such person in 
the same manner as is provided in said chapter. The com- 
mission may establish such rules and regulations and impose 
such conditions upon a grant of authorization to affix stamps 
to a nonresident as to it shall seem necessary to insure com- 
pliance with the provisions hereof, including the right to in- 
spect the books of such nonresident and the posting of a bond 
conditioned upon the payment of all taxes hereby imposed. 

10. Prohibition. Amend sections 11, 12, and 13 of chap- 
ter 79 of the Revised Laws by striking out the same and in- 
serting in place thereof the following: 11. Affixing Stamps. 
At any time before tobacco products are transferred out of 
the possession of a manufacturer, wholesaler, sub- jobber or 
vending machine operator he shall affix, at the location for 
which the license is issued, to each individual package of 
tobacco products sold or distributed by him stamps of the 
proper denomination in accordance with the rules and 
regulations established by the commission. Each retailer 
shall within twenty-four hours after coming into possession 
of any tobacco products not bearing proper stamps and before 
selling the same, affix thereto, at the location for which his 
license is issued, stamps of the proper denomination in accord- 
ance with the rules and regulations established by the com- 
mission. 12. Sale of Unstamped Tobacco Products Pro- 
hibited. No manufacturer, wholesaler, sub- jobber or vending 
machine operator shall sell and no other person shall sell, offer 
for sale, display for sale, or possess with intent to sell any 
tobacco products not properly stamped hereunder, provided a 
licensed retailer may keep on hand at the location for which 
his license is issued unstamped tobacco products for a period 
not exceeding twenty-four hours. Any unstamped tobacco 
products in the possession of a retailer shall be presumed to 
be held by him for more than twenty-four hours unless proof 



1947] Chapter 133 155 

be shown to the contrary. Any person who shall violate any 
provision of this section shall be fined not more than one 
hundred dollars for the first offense, and tor each subsequent 
offense shall be fined not less than two hundred dollars nor 
more than five hundred dollars, or imprisoned not more than 
one year, or be both fined and imprisoned. 

11. Interpretation. Amend section 14 of chapter 79 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 14. Sales Between Licensees. No 
provision hereof shall prohibit the sale of unstamped tobacco 
products by one licensed manufacturer, wholesaler or sub- 
jobber to another licensed manufacturer, wholesaler or sub- 
j obber. 

12. Penalties. Amend section 15 of chapter 79 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 15. Forfeiture. Any tobacco products 
found at any place in this state without stamps affixed thereto 
as required herein, unless they shall be in the possession of a 
licensed manufacturer, wholesaler, sub-jobber or vending 
machine operator or unless they shall be in the course of 
transit from without this state and consigned to a licensed 
manufacturer, wholesaler, sub- jobber or vending machine 
operator or a licensed retailer, or unless they shall have been 
received by a licensed retailer from without the state within 
twenty-four hours, shall be forfeited in the manner provided 
by chapter 432 of the Revised Laws. 

13. Amendment. Amend section 17 of chapter 79 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 17. Taxpayers to Keep Records. 
Each manufacturer, wholesaler, sub-jobber, vending machine 
operator and retailer shall keep complete and accurate 
records of all tobacco products manufactured, produced, pur- 
chased and sold. Such records shall be of such kind and in 
such form as the tax commission may prescribe and shall be 
safely preserved for three years in such manner as to insure 
permanency and accessibility for inspection by the commis- 
sion and its authorized agents. The commission and its 
authorized agents may examine the books, papers and rec- 
ords of any manufacturer, wholesaler, sub-jobber, vending 
machine operator or retailer in this state, for the purpose of 
determining whether the tax imposed by this chapter has been 



156 Chapter 134 [1947 

fully paid, and may investigate and examine the stock of 
tobacco products in or upon any premises where such tobacco 
products are possessed, stored or sold, for the purpose of de- 
termining whether the provisions of this chapter are being 
obeyed. 

14. Unfair Sales. Amend chapter 79 of the Revised Laws 
by inserting at the end thereof the following new section: 
20. Jurisdiction. The director of the tobacco products 
division of the state tax commission shall have concurrent 
power to enforce and restrain violations of the provisions of 
Revised Laws, chapter 204, as they apply to the sale of 
tobacco products. For the purposes of said chapter 204, the 
purchases of tobacco products by vending machine operators 
and sub-jobbers shall be deemed purchases by a wholesaler. 

15. Constitutionality. If any provision of this chapter, or 
the application of such provision to any person or circum- 
stance, shall be held invalid, the remainder of the provisions 
of the chapter, or the application of such provisions to per- 
sons or circumstances other than those as to which it is held 
invalid, shall not be affected thereby. 

16. Takes Effect. This act shall take effect July 1, 1947. 
[Approved May 8, 1947.] 



CHAPTER 134. 

AN ACT RELATIVE TO INSURANCE BROKERS. 

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

1. Endorsement Not Required. Amend section 36 of 
chapter 325 of the Revised Laws by striking out the last 
sentence thereof so that said section as amended shall read as 
follows: 36. Applications. The applicant for such a license 
shall file with the commissioner an application in writing and 
under oath upon a form to be provided by the commissioner. 
It shall be kept on file by the commissioner. Such application 
shall state the name, age, residence, and occupation of the 
applicant, his occupation for the five years next preceding the 
date of filing the application, and that the applicant intends to 
hold himself out, and carry on business in good faith, as an 



1947] Chapter 135 157 

insurance broker, and shall give such other information as the 
commissioner may require. 

2. Acting Without Liceinse. Amend chapter 325 of the 
Revised Laws by inserting after section 37 the following new 
section: 37-a. Violation; Penalty. No person shall act as 
a broker without first procuring a license from the insurance 
commissioner. Whoever violates any of the provisions of 
this subdivision shall be fined not more than five hundred 
dollars. 

3. Credit for Fees. Amend section 38 of chapter 325 of 
the Revised Laws by striking out the words "a foreign" and 
inserting in place thereof the word an, so that said section 
as amended shall read as follows : 38. Fees. No fee for the 
license aforesaid shall be required of any agent of an insur- 
ance company whose hcense fees as such agent amount to ten 
dollars ; and in case his license fees as such agent are less than 
ten dollars, then he shall be required to pay such amount as 
with such fees shall amount to ten dollars. 

4. Compenisation Authorized. Amend chapter 325 of the 
Revised Laws by inserting after section 43 the following new 
section: 43-a. Commissions Permitted. An insurance com- 
pany or agent thereof may pay money, commission or broker- 
age, or give or allow anything of value, to a duly licensed 
broker, for or on account of the solicitation or negotiation of 
contracts for insurance which he is permitted to solicit or 
negotiate. 

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

[Approved May 8, 1947.] 



CHAPTER 135. 



AN ACT RELATING TO CONTINUATION OF BUSINESS OF 
DECEASED PERSONS. 

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

1. Administrator or Executor, Authority to Carry on 
Business. Amend chapter 352 of the Revised Laws by adding 
after section 29 the following new subdivision: 



158 Chapter 135 [1947 

Cointinuation of Business of Decedent 
30. Authorization to Continue Business. Upon a showing 
of advantage to the estate the probate court may authorize 
the executor, administrator or special administrator to con- 
tinue any business of the decedent for the benefit of the 
estate, but if the decedent died testate and his estate is 
solvent the decree shall be subject to the provisions of the 
will. The decree may be entered with or without notice, ex- 
cept that if entered without notice it shall be a decree nisi, 
in which event an order of notice shall issue within five days 
after the decree, and the decree shall become absolute only 
after notice and hearing; but the conduct of any business 
pursuant to such a decree nisi shall not be invalidated by fail- 
ure of the court to make such decree absolute. Any decree 
entered hereunder may be revoked or modified for cause 
shown at any time. The decree may provide (a) the extent 
of the liability of the estate, or any part thereof, or of the 
executor or administrator, for obligations incurred in the 
continuation of the business; (b) whether liabilities incurred 
in the conduct of the business are to be chargeable solely to 
the part of the estate set aside for use in the business or to 
the estate as a whole; and (c) such other conditions, re- 
strictions, regulations and requirements as may be deemed 
for the benefit of the estate and of creditors thereof. The 
authority shall not be granted for more than one year from 
the date of the appointment of the executor or administrator, 
except that for cause shown the authority may be extended 
from time to time, but no single extension shall be for more 
than one year. 

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

I [Approved May 8, 1947.] 



1947] Chapters 136, 137, 138 159 

CHAPTER 136. 

AN ACT RELATIVE TO THE LEE HOOK ROAD IN THE TOWNS OF 
LEE, DURHAM AND NEWMARKET 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 
. 1. Classification of Highway. The highway known as the 
Lee Hook road located in the towns of Lee, Durham and New- 
market shall hereinafter be included in the secondary state 
highway system. 

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

[Approved May 8, 1947.] 



CHAPTER 137. 



AN ACT RELATIVE TO THE GROTON ROAD ROUTE NO. lllA IN THE 
CITY OF NASHUA 

Be it enacted by the Senate and House of Representatives in 
Genei'al Court convened: 

1. Classification of Highway. The highway known as the 
Groton road route No. Ill A located in the city of Nashua be- 
tween the Hollis-Nashua town line and town and state marker 
shall hereinafter be included in the secondary state highway 
system. 

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

[Approved May 8, 1947.] 



CHAPTER 138. 

AN ACT RELATIVE TO THE MOTOR VEHICLE ROAD TOLL. 

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

1. Motor Vehicle Road Toll Refunds. Amend sub-para- 
graph (a) of paragraph II of section 16 of chapter 120 of the 
Revised Laws as inserted by chapter 65 of the Laws of 1943, 



160 Chapter 138 [1947 

by striking out the word "oath" in the second line and in- 
serting in place thereof the words, penalties of perjury, so 
that said sub-paragraph as amended shall read as follows: 
(a) All applications for refunds must be made under penalties 
of perjury and must be filed with the commissioner within 
ninety days from the date of purchase or invoice of the motor 
fuel with respect to which refund is claimed. Upon cause 
shown, the commissioner may extend the time within which 
a claim may be filed. 

2. Application. Amend section 5 of said chapter 120 by 
striking out the word "oath" in the seventh line and insert- 
ing in place thereof the words, penalties of perjury, so that 
said section as amended shall read as follows: 5. Appli- 
cation for License; Contents; Licensing of Distributors. It 
shall be unlawful for any person to sell motor fuel upon which 
the road toll imposed herein and collected hereunder has not 
been paid, unless such person is the holder of an uncanceled 
license to engage in business as a distributor of motor fuels. 
To procure such hcense an application under penalties of per- 
jury must be filed with the commissioner in such form as he 
may prescribe and the application must be accompanied by a 
bond, or the deposit of cash or government obhgations, of the 
character stipulated in section 6 hereof. In the event that 
an application is filed by any person whose license has thereto- 
fore been canceled for cause, or that the commissioner is of 
the opinion that such application is not filed in good faith, 
then in either of said events, the commissioner, after a hear- 
ing of which the applicant shall have five days' notice in writ- 
ing and the right to appear, may refuse to issue such license. 
The application and bond, or cash or government obligations, 
having been accepted and approved and all other conditions 
and requirements of this act fully complied with, the commis- 
sioner shall issue a Hcense certificate valid only for the dis- 
tributor in whose name issued. Such license shall be un- 
assignable and shall remain in full force and effect until can- 
celed. The commissioner shall furnish annually each licensed 
distributor a complete list of all licenses issued under this 
chapter, which list shall be supplemented monthly. 

3. Report. Amend section 11 of said chapter 120 by strik- 
ing out the word "oath" in the eighth line and inserting in 
place thereof the words, penalties of perjury, so that said 



1947] Chapter 138 161 

section as amended shall read as follows: 11. Reports from 
Carriers Transporting Motor Fuel. Under regulations issued 
by the commissioner, every common or contract carrier trans- 
porting motor fuel, to points within the state, from points 
outside the state, and every person not registered as a dis- 
tributor transporting motor fuel, by whatever manner to a 
point in the state from any point outside of the state, shall 
report, not later than the last day of the succeeding calendar 
month, under penalties of perjury to the commissioner on 
forms prescribed by said commissioner, all deliveries of motor 
fuel so made to points within the state. Such reports shall 
contain sufficient information to identify the quantities de- 
livered, the consignor, consignee, and description of the mode 
of transportation and such additional information relative to 
such shipments as the commissioner may require. 

4. Statements. Amend paragraph II of section 17 of said 
chapter 120 by striking out the word "oath" in the third line 
and inserting in place thereof the words, penalties of perjury, 
so that said paragraph as amended shall read as follows: 11. 
No refunds or deductions shall be made under the provisions of 
this section unless a written statement under penalties of per- 
jury setting forth the circumstances by reason of which such 
refund or deduction should be allowed shall be filed with the 
commissioner within three years from the date of payment 
of road tolls illegally or erroneously collected. Errors in 
making a return may be corrected on any subsequent return 
with proper explanation. 

5. License Application. Amend paragraph III of section 
19 of said chapter 120 by striking out the word "oath" in the 
second line and inserting in place thereof the words, penalties 
of perjury, so that said paragraph as amended shall read as 
follows: III. Every user shall procure a user's license upon 
application to the commissioner under penalties of perjury in 
such form as the commissioner may prescribe. It shall be 
unlawful for any person to operate a vehicle propelled by such 
fuel over the public highways unless he is the holder of such 
a license. 

6. Reports. Amend paragraph IV of said section 19 by 
striking out the words "sworn to by the user" in the fourth 
and fifth lines and inserting in place thereof the words, under 
penalties of perjury, so that said paragraph as amended shall 



162 Chapter 139 [1947 

read as follows: IV. For the purpose of determining the 
amount of the road toll herein imposed, each user shall not 
later than the fifteenth day of each calendar month file with 
the commissioner on forms prescribed by him monthly re- 
ports under penalties of perjury which shall show the total 
gallonage of fuels used within the state during the preceding 
calendar month, and at the same time such user shall pay the 
road toll based upon the total gallonage shown on such report. 

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

[Approved May 13, 1947.] 



CHAPTER 139. 



AN ACT RELATING TO THE FILING OF RETURNS IN THE 
TAXATION OF INCOMES. 

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

1. Taxation of Incomes. Amend section 18 of chapter 78 
of the Revised Laws by striking out the words, "selectmen 
and assessors are hereby authorized to administer the oath 
required on such returns" and inserting in place thereof the 
words, returns as required by this chapter shall be made 
under the penalties of perjury, so that said section as amended 
shall read as follows: 18. Returns. Returns of taxable in- 
come shall be made to the tax commission in such form as 
they may prescribe on or before March fifteenth in every year, 
but the commission may extend such time for good cause. 
Returns as required by this chapter shall be made under the 
penalties of perjury. 

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

[Approved May 13, 1947.] 



1947] Chapters 140, 141 163 

CHAPTER 140. 

AN ACT RELATING TO NOTICE IN PROBATE PROCEEDINGS. 

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

1. Probate Proceedings. Amend chapter 349 of the Re- 
vised Laws by adding after section 6 the following new 
section: 6-a. Exceptions; Other Notice. Notwithstanding 
any other provisions of this chapter, no pubhcation or service 
of any petition, motion, pleading, or other proceeding, shall be 
required as to any party or person who has filed, or for whom 
there has been filed, in the probate registry, an appearance in 
writing, and notice shall be sufficient if a copy of such petition, 
motion, or other proceeding, together with notice of the time 
and place of hearing, shall be mailed to such party or person, 
or the attorney of record for such party or person, at the 
address specified in the appearance. 

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

l[Approved May 13, 1947.] 



CHAPTER 141. 



AN ACT RELATIVE TO THE PROVISIONS OP POLICIES OF GROUP 
HEALTH AND ACCIDENT INSURANCE. 

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

1. Group Accident and Health Insurance. Amend sub- 
paragraph (m) of paragi'aph I of section 26 of chapter 331 of 
the Revised Laws by adding after the word "insured" in the 
fourth line the words, except as provided in paragraph IV of 
this section, so that said sub-paragraph (m) as amended shall 
read as follows : (m) A provision that indemnity for loss of 
life of the insured is payable to the beneficiary if surviving 
the insured, and otherwise to the estate of the insured; and 
that all other indemnities of the policy are payable to the in- 
sured, except as provided in paragraph IV of this section ; and 
that if a beneficiary is designated, the consent of the bene- 
ficiary shall not be requisite to change of beneficiary, or to 



164 Chapter 142 [1947 

any other changes in the policy or certificate, except as may 
be specifically provided by the policy. 

2. Payment of Indemnities. Amend section 26 of chapter 
331 of the Revised Laws by striking- out paragraph IV and 
inserting in place thereof the following: IV. Any such 
group or blanket policy may include benefits payable on 
account of hospital or medical or surgical aid for an employee 
or other member of the group insured by such policy, his or 
her spouse, child or children or other dependents, and may 
provide that any such benefits be paid by the insurer directly 
to the hospital, physician, Surgeon, doctor, nurse or other per- 
son furnishing services covered by such provision of said 
policy. 

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

[Approved May 13, 1947.] 



CHAPTER 142. 



AN ACT PROVIDING FOR ADVANCE NOTICE OF COUNTY BUDGET 
ESTIMATES. 

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

1. Counties. Amend section 13 of chapter 44 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 13. Commissioners' Statement. The 
county commissioners shall deliver or mail to each member of 
the county convention and to the secretary of state prior to 
the last day of February of each biennial session of the legis- 
lature a statement of the condition of the county treasury on 
the preceding December thirty-first, accompanied by their 
itemized recommendations of the sums necessary to be raised 
for the county in each of the two years next ensuing, stating 
therein in detail the objects for which the money is required. 
In any county where appropriations are made annually such 
statements shall be furnished annually by the last day of 
February. No county convention shall vote appropriations 
for the ensuing budget period until fourteen days shall have 
elapsed from the mailing of such statements. 



1947] Chapter 142 165 

2. Budget. Amend said chapter 44 by inserting after 
section 13 the following new sections: 13-a. Form. The 
form of the budget statement submitted by the county com- 
missioners shall be as prescribed by the state tax commission. 
13-b. Public Hearing. Not later than seven days after the 
mailing of the commissioners' statement there shall be held 
within the county at such time and place as the chairman of 
the county convention may specify, a public hearing on the 
budget estimates as submitted by the commissioners. Notice 
of such public hearing shall be submitted by the clerk of the 
county convention, with a summary of the budget as sub- 
mitted, for publication in a newspaper of general circulation 
in the county at least three days prior to the date of said 
hearing. 

3. Amend section 7 of said chapter 44 by adding at the 
end thereof the following: The executive committee of the 
county shall have authority to review the expenditures of 
the county after adoption of the county budget. Such review 
may occur as often as voted by the executive committee, but 
no less than quarterly each year. The convention may re- 
quire the county commissioners to report once each quarter 
to the convention or to the executive committee, the expendi- 
tures of the county as compared to the budget as voted, in 
such detail as determined by the convention, so that said sec- 
tion as amended shall read as follows: 7. Appropriations. 
Appropriations by the county convention shall be itemized in 
detail and a record thereof shall be kept by the clerk of the 
convention. The executive committee of the county shall 
have authority to review the expenditures of the county after 
adoption of the county budget. Such review may occur as 
often as voted by the executive committee, but no less than 
quarterly each year. The convention may require the county 
commissioners to report once each quarter to the convention 
or to the executive committee, the expenditures of the county 
as compared to the budget as voted, in such detail as de- 
termined by the convention. 

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

[Approved May 13, 1947.] 



166 Chapters 143, 144 [1947 

CHAPTER 143. 

AN ACT RELATIVE TO REGISTRATION OF HAIRDRESSING SHOPS. 

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

1. Hairdressing Shops. Amend chapter 157 of the Re- 
vised Laws by inserting after section 16 the following new 
section: 16-a. Registered Owner. In addition to the regis- 
tration of shops for hairdressing as provided in section 16, 
the board may issue a special license to an owner of a hair- 
dressing shop who does not himself personally engage in hair- 
dressing; provided said shop shall fulfill all requirements set 
forth in the rules and regulations of the board and further 
provided that said owner has paid the required fee for hair- 
dresser shop and employs as manager of said shop a duly 
licensed hairdresser who has previously completed one year 
of actual employment in a shop, as provided in section 16. 
Nothing herein contained shall operate to authorize such 
owner to practice hairdressing unless he shall have a hair- 
dressers' license so to do. 

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

[Approved May 13, 1947.] 



CHAPTER 144. 



AN ACT RELATING TO THE STATE TEACHERS RETIREMENT 
SYSTEM. 

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

1. Application of Law. Amend section 4 of chapter 136 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 4. Teachers' Retirement 
Association. All teachers who are members of the retirement 
system on June 30, 1947, and all teachers who were in service 
of the public schools of the state prior to that date, who make 
application for membership to the teachers' retirement board 
and agree to abide by such rules and regulations as it may 
prescribe, and all teachers who shall thereafter enter the 



1947] Chapter 144 167 

service of the public schools of the state, except as herein- 
after provided in section 12, are hereby constituted the New 
Hampshire Teachers' Retirement Association. 

2. Contributions. Amend said chapter 136 by inserting 
after section 8 the following new sections: 8-a. Payroll 
Deductions. After June 30, 1947, the school board of each 
town, city or district in the state, or its designated agent, 
shall before employing in any teaching position any person to 
whom this chapter may apply, notify such person of his rights 
and obligations under this chapter as a condition of his em- 
ployment. Such school board or its designated agent shall 
keep such records and make such reports concerning teachers 
in its employ as may be required by the retirement board. 
Such school board or its designated agent shall deduct from 
the amount of the salary due each teacher employed in the 
public schools of such town, city or district, who is a member 
as defined in section 4, such amounts as are due as contri- 
butions to the annuity fund as prescribed herein and forward 
to the retirement board such contributions together with 
statements required by such board. Said payroll deductions, 
hereby authorized, shall be credited to each member of the 
retirement system from whom the same are collected. Pro- 
vided, however, that the provisions hereof shall not apply to 
those teachers who, prior to June 30, 1947, were teachers in 
the public schools but were not members of the system, un- 
less application for membership has been made to the retire- 
ment board and the school board of each town, city or district 
so notified. 8-b. Consent Required. The deductions pro- 
vided by section 8-a shall be made notwithstanding that the 
minimum compensation provided by contract for any member 
shall be reduced thereby. Every member shall be deemed to 
consent and agree to the deductions herein provided as a con- 
dition of his employment as a teacher or as a condition to his 
voluntary entrance into the retirement system, as the case 
may be. 

3. Change of Requirements. Amend section 11 of said 
chapter 136 by striking out said section and inserting in place 
thereof the following: 11. Retirement. Any member of 
the retirement association is entitled to the benefits hereof 
and may retire from service in the public schools without 
forfeiting any of the benefits of this retirement system, pro- 



168 Chapter 144 [1947 

vided such member has completed fifteen years of public 
school service in this state creditable toward retirement, as 
defined in this chapter, and provided such member's last five 
years of teaching prior to retirement shall have been in this 
state, and provided such member has attained the age of sixty 
years, if a woman, and sixty-five, if a man. 

4. Additional Retirement Allowance. Amend section 13-a 
of said chapter 136, as inserted by chapter 126, Laws of 1945, 
by striking out the words "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" 
in lines nineteen, twenty and twenty-one, and inserting in place 
thereof the words, for the five-year period ending June 30, 
1944, or the total number of years in that period, in event of 
appointment during said five years, or if not in service during 
that period the highest annual salary paid for any one year 
prior to September, 1939, so that said section as amended 
shall read as follows: 13-a. Additional Retirement Allow- 
ance. Any teacher who was a member of the retirement asso- 
ciation on December 31, 1944, or who becomes a member be- 
fore December 31, 1945, shall receive upon retirement, subject 
to the provisions of section 11, an additional annual retire- 
ment 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 de- 
termined 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 in- 
terest at the rate of three per cent per annum compounded 
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 for the five-year period ending June 30, 1944 or the 
total number of years in that period, in event of appointment 
during said five years, or if not in service during that period 
the highest annual salary paid for any one year prior to 
September, 1939 ; and by adding to the amount so determined, 
interest at the rate determined by the board under section 9, 



1947] Chapter 144 169 

from January 1, 1945 to the date of retirement or to the date 
at which the retiring 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 hundred 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. 

5. Death or Disability. Amend section 14 of said chapter 
136 by striking out the words "shall have been an active 
member at least six years" in the second Hne and inserting 
in place thereof the words, has ten or more years of service 
creditable toward retirement, as defined in this chapter, so 
that said section as amended shall read as follows: 14. 
Allowance in Case of Death or Disability. A member of the 
retirement association who has ten or more years of service 
creditable toward retirement, as defined in this chapter, and 
who shall have become totally and permanently disabled to 
teach, as determined, after examination by approved physi- 
cians, by the retirement board, shall receive an annuity based 
upon the accumulation of his payments and the payments 
of the state, with interest, calculated on the basis of the 
mortality table adopted by said board, with such additional 
allowance from the reserve fund, as said board, in its dis- 
cretion, shall deem equitable, the same being limited by his 
earning capacity in other occupations, such additional allow- 
ance to be continued so long and in such amount as said board 
may determine; provided, however, that in no event shall the 
total sum received annually by such member under this 
section, including his annuity and the individual allowance 
provided for, exceed one-half of his average annual salary 
throughout his entire period of service as determined by said 
board. If such disabled member shall die before receiving 
in the form of an annuity all of the accumulations up to the 
time of his disability from his own and the state's annual pay- 
ments into his account, the balance shall be paid to his legal 
representative, or to such person as he may elect, subject to 
such rules and regulations as may be prescribed by the re- 
tirement board. 



170 Chapter 145 [1947 

6. Allowances. Amend section 15 of said chapter 136, as 
amended by chapter 192, Laws of 1943, by striking out said 
section and inserting in place thereof the following: 15. 
Allowance in Case of Resignation, Dismissal, Death. I. Any 

member of the retirement association withdrawing from 
service in the public schools of the retirement system area by 
resignation or dismissal, before becoming eligible to retire- 
ment, shall be entitled to receive from the retirement board 
all payments made thereto by him with interest. II. In case 
of the death of a member before having exercised his options 
hereunder, the several amounts to which he would have been 
entitled under paragraph I if he had withdrawn while living, 
shall be paid to such person as he may have elected if such 
person is living, otherwise to his estate, subject to such rules 
and regulations as may be prescribed by the retirement board. 
III. In any case arising under the provisions of paragraphs I 
or II above, the payments made by the state under section 9 
hereof to the credit of any such resigned, dismissed or de- 
ceased member, with the interest thereon, shall be transferred 
by said board to the reserve fund. IV. Any payments made 
under the provisions of paragraphs I or II, may be made in a 
lump sum or in installments, as may determined by the board. 

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

[Approved May 14, 1947.] 



CHAPTER 145. 



AN ACT TO PROVIDE FOR THE INCLUSION OF SCHOOL NURSES IN 
THE TEACHERS' RETIREMENT SYSTEM. 

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

1. Teachers' Retirement System. Amend the Revised 
Laws by inserting after chapter 136 the following new 
chapter : 

Chapter 136-A 
1. Defiinition. All school nurses who care for children's 
health in the pubHc schools are hereby classified as teachers 



1947] Chapter 145 171 

subject to all the provisions of chapter 136, Revised Laws, 
except as otherwise hereinafter provided. 

2. Full Time Nurses. School nurses on full time duty who 
were in service of the public schools prior to June 30, 1947, 
who make application for membership to the teachers' retire- 
ment board and agree to abide by such rules and regulations 
as it may prescribe, and all school nurses who begin full time 
service in the public schools after that date are hereby con- 
stituted members of the New Hampshire State Teachers' 
Retirement Association. 

3. Part Time Nurses. School nurses on part time duty, 
now or hereafter in service of the public schools, who make 
application for membership to the teachers' retirement board 
and agree to abide by such rules and regulations as it may 
prescribe are hereby constituted members of the New Hamp- 
shire State Teachers' Retirement Association. 

4. Nurses Employed by Several Districts. When school 
nurses, either full time or part time, are employed by more 
than one school district or are employed through arrangement 
with a district nursing association or similar organization or 
through the Red Cross, the teachers' retirement board may 
prescribe reasonable rules and conditions regarding the en- 
trance of such nurses into the retirement association, the 
calculation of their salaries and assessments thereon, and the 
collection of assessments prescribed in paragraph IV, 
section 8, chapter 136, Revised Laws. 

5. Additional Retirement Allowance. Any school nurse, 
either full or part time, who has service creditable toward the 
additional retirement allowance, as defined in section 13-a, 
chapter 136, Revised Laws, may become entitled to the allow- 
ance prescribed in that section by applying for membership 
on or before December 31, 1947, and electing to pay and pay- 
ing to the teachers' retirement board such assessments, with 
interest at two per cent thereon, as would have been assessed 
against her between September 1, 1945, and date of payment, 
if she had elected to accept this section on September 1, 1945, 
as calculated by the retirement board, and subject to such 
additional rules and conditions as the board shall determine 
to be equitable in individual cases. 

6. State Employees Retirement System. Nurses who have 
become members of the state employees retirement system as 



172 Chapter 146 [1947 

provided in chapter 201, Laws of 1945, prior to the effective 
date of this act, may continue subject to such system or may 
elect to become subject to this chapter as provided herein. No 
nurse may be a member of both systems at one time. 

7. Appropriation. The sum of three thousand dollars for 
each fiscal year is hereby appropriated for the teachers' re- 
tirement fund for the purposes of this chapter. 

2. Takes Effect. This act shall take effect on July 1, 1947. 

[Approved May 15, 1947.] 



CHAPTER 146. 



AN ACT RELATIVE TO RETIREMENT BENEFITS FOR TEACHERS IN 
APPROVED PUBLIC ACADEMIES. 

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 7 the following 
new section: 7-a. Teachers in Approved Public Academies. 

The teachers' retirement board, in the administration of 
chapter 136 of the Revised Laws, as it now is or hereafter 
may be amended, shall apply all provisions relating to teach- 
ers in pubHc schools to any approved public academy and to 
any teacher in such approved pubhc academy which is deemed 
a "high school" as provided by sections 21 and 22 of chapter 
138, Revised Laws; provided, however, that the tuition of 
more than sixty per cent of the students attending such 
approved public academy is paid by a city, town or school 
district of the state, and provided that the board of trustees 
of such approved public academy shall elect to be bound by 
the provisions of the chapter and annually shall pay to said 
board an amount equal to the sum that would be required by 
paragraph IV, section 8 of chapter 136 of the Revised Laws, 
as inserted by section 2, chapter 126, Laws of 1945, or amend- 
ment thereof, to be assessed upon a city, town or school dis- 
trict if it employed such teacher or teachers. Any approved 
public academy desiring to take advantage of the provisions 
hereof shall file a written notice of its election with the retire- 
ment board within ninety days of the enactment of this 



1947] Chapter 146 173 

amendment and not thereafter. Upon the filing of said 
notice, an approved public academy shall be bound by the pro- 
visions of said chapter 136, as amended, and proper academy 
officers shall perform all duties required of a school board and 
officers of a city, town, or school district as required in said 
chapter 136. 

2. Retirement Benefits. Amend chapter 136 of the Re- 
vised Laws by inserting after section 13-b, as inserted by 
chapter 167 of the Laws of 1945, the following new section: 
13-c. Prior Service Credits. All teachers in such approved 
public academies, defined in section 7-a, as elect to be bound by 
said section, upon making application for the provisions of the 
benefits of chapter 136 of the Revised Laws, as amended, 
shall be entitled to credit for prior service rendered, in the 
same manner as if they had made appHcation on or before 
December 31, 1945, provided they pay the board such per- 
centage of their back salaries as will entitle them to the same 
benefits they would have received if their applications had 
been filed on or before December 31, 1945, and provided, 
further, that any such academy, which employs a teacher or 
teachers who apply for such benefits, shall pay to said board 
an amount equal to the sum that would be paid by any city, 
town or school district employing such teachers, as provided 
in paragraph IV, section 8, chapter 136, Revised Laws, as in- 
serted by section 2, chapter 126, Laws of 1945, or amendment 
thereof. Any teacher desiring to apply for prior service 
credit shall file his application within six months after such 
approved public academy shall file notice of its election and 
not thereafter. 

3. Superintendent of Schools. Amend chapter 136 of the 
Revised Laws by inserting after section 7-a, as hereinafter 
inserted, the following new section: 7-b. Supervision. The 
local superintendent of schools shall periodically visit classes 
and examine general school management in any academy 
accepting the provisions of section 7-a and he shall report his 
findings in writing to the board of trustees twice each year. 

4. Appropriation. Amend chapter 136 of the Revised 
Laws by inserting after paragraph 11 of section 2 the follow- 
ing new paragraph: IIL In recognition of the public 
service rendered by teachers in approved public academies of 
this state eligible for membership in the teachers' retirement 



174 Chapter 147 [1947 

association under sections 7-a and 13-c, and as additional 
compensation to such teachers as avail themselves of the pro- 
visions of said sections, the state shall pay on June thirtieth 
of each year the sum of three thousand dollars to the teachers' 
retirement fund. 

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

[Approved May 15, 1947.] 



CHAPTER 147. 



AN ACT RELATING TO THE TAXATION OF HOUSE TRAILERS, 
TRAILERS AND SEMI-TRAILERS. 

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

1. House Trailers; Trailers; Semi-Trailers. Amend chap- 
ter 116, of the Revised Laws by adding after section 16 a new 
section which shall be numbered 16-a and shall read as follows : 
16-a. Definition. The words motor vehicle as used in this 
subdivision shall include house trailers and all trailers and 
semi-trailers used in connection with a vehicle of the tractor 
type. 

2. House Trailers, Trailers and Semi-Trailers Exempted. 
Amend paragraph III of section 16 of chapter 73 of the Re- 
vised Laws as amended by section 1 of chapter 82 of the 
Laws of 1945, by striking out the same and inserting in place 
thereof the following: III. Vehicles. Vehicles in excess 
of the aggregate value of one hundred dollars ; provided, how- 
ever, that motor vehicles, house trailers and all trailers and 
semi-trailers used in connection with a vehicle of the tractor 
type, and farm tractors, shall not be regarded as vehicles. 

3. Takes Effect. Section 1 of this act shall be effective as 
regards municipal permits issued as of April 1, 1948 and 
thereafter; and section 2 shall take effect March 31, 1948. 

[Approved May 15, 1947.] 



1947] Chapters 148, 149 175 

CHAPTER 148. 

AN ACT PROVIDING FOR EMPLOYMENT PREFERENCES FOR WIDOWS 
AND WIVES OF CERTAIN VETERANS OF WORLD WARS I AND II. 

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

1. Public Employments. Amend chapter 219 of the Re- 
vised Laws by inserting after section 4 the following new 
section: 4-a. Widows. The employment preferences pro- 
vided for veterans under the provisions of section 4, as 
amended by section 4, chapter 190, Laws of 1943, are extended 
to include any widow or wife whose husband was a citizen of 
this state who died or was totally disabled while in the mili- 
tary or naval service of the United States during the period 
of World Wars I or II or subsequent thereafter. 

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

[Approved May 15, 1947.] 



CHAPTER 149. 



AN ACT AUTHORIZING DOMESTIC INSURANCE COMPANIES TO 
CREATE A GUARANTY FUND. 

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

1. Domestic Insurance Companies. Amend chapter 322 of 
the Revised Laws by adding after section 10 the following 
new sections: 

11. Guaranty Fund Established Out of Surplus. Any 

mutual insurance company organized under the laws of this 
state may establish a guaranty fund in any amount not ex- 
ceeding five hundred thousand dollars or not to exceed one- 
half its net policyholders' surplus, whichever is smaller, by 
appropriation from its net assets. Such guaranty fund shall 
be considered as paid up capital and be available to meet the 
obligations of the company, but not to pay dividends or to be 
otherwise distributed except to meet the obhgations of the 
company when all other assets of the company shall become 
exhausted. 



176 Chapter 150 [1947 

12. Guaranty Fund Established by Subscription. Any 

mutual insurance company organized under the laws of this 
state may create not more than one guaranty fund by borrow- 
ing a sum of money not exceeding five hundred thousand 
dollars, by the issue of certificates of indebtedness upon such 
terms as the policyholders shall determine provided that such 
certificates shall not be divided into classes in any way and 
that the holders of such certificates shall not be entitled to 
vote in the direction of the affairs of the company and shall 
not receive a greater return on their investment than six per 
cent per annum. The commissioner, upon notice to the com- 
pany and after hearing its objections, if any, may require any 
guaranty fund established under this section to be retired 
when he shall find it is no longer needed for protection of the 
poHcyholders. 

13. Retirement of Guaranty Funds. Any mutual insur- 
ance company which shall create a guaranty fund under either 
of the two preceding sections may, with the approval of the 
insurance commissioner, reduce or retire such fund in whole 
or in part, but it may not be otherwise distributed except to 
pay the obligations of the company. 

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

[Approved May 15, 1947.] 



CHAPTER 150. 



AN ACT RELATIVE TO THE RECONSTRUCTION OF THE HAMPTON 
HARBOR TOLL BRIDGE. 

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

1. Hampton Harbor Toll Bridge. Amend section 1 of 
chapter 207 of the Laws of 1939, as amended by section 1, 
chapter 87, Laws of 1941, section 2, chapter 23, Laws of 1943, 
and section 1, chapter 10, Laws of 1947, by striking out the 
words and figures, "four hundred and fifty thousand dollars 
($450,000)" and inserting in place thereof the words and 
figures, six hundred and fifty thousand dollars ($650,000), so 
that said section as amended shall read as follows: 1. 



1947] Chapter 150 177 

Appropriation. A sum not exceeding six hundred and fifty 
thousand dollars ($650,000) is hereby appropriated for the 
purpose of rebuilding the Hampton Harbor toll bridge, pro- 
viding for new approaches thereto and removing the present 
bridge structure to be expended under the direction of the gov- 
ernor and council. 

2. Bond Issue. Amend section 4 of chapter 207 of the 
Laws of 1939, as amended by section 3, chapter 87, Laws of 
1941, by striking out the word "four" in the fourth line and 
inserting in place thereof the word, six, so that said section 
as amended shall read as follows: 4. Authorized. The 
state treasurer, under the direction of the governor and coun- 
cil, is hereby authorized to borrow upon the credit of the 
state an amount not exceeding six hundred and fifty thousand 
dollars to provide the funds herein appropriated and for that 
purpose may issue bonds at such times, in such denominations 
and with such rates of interest, dates of maturity and other 
provisions as the governor and council shall determine. Such 
bonds shall contain an express guarantee, which shall be 
deemed a contract on the part of the state, that tolls will be 
collected, in accordance with the provisions hereof until the 
date of maturity of said bonds or until sufficient money shall 
have accumulated to pay said bond issue and the interest 
thereon at the dates of maturity. The bonds authorized here- 
in shall be signed by the state treasurer and countersigned by 
the governor and shall be deemed a pledge of the faith and 
credit of the state. 

3. Obligations. Amend section 8 of chapter 207 of the 
Laws of 1939, as amended by section 4, chapter 87, Laws of 
1941, and section 2, chapter 162, Laws of 1945, by striking 
out the same 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 until (a) the bonds issued under the provisions 
of said chapter 159, Laws of 1933, those issued under the pro- 
visions of said chapter 50, Laws of 1935, those issued under 
the provisions of this chapter, as hereby amended, have been 
paid or until sufficient money shall have accumulated to pay 
said bonds and the interest thereon at maturity, and (b) 



178 Chapter 151 [1947 

sufficient funds shall have accumulated from net toll receipts 
to reimburse the state with respect to principal and interest 
for any funds paid upon warrant of the governor and council 
by reason of insufficient sinking fund balances to meet prin- 
cipal and interest payments on said bonds. When the obli- 
gations hereunder have been paid or sufficient money shall 
have accumulated to pay the same, as determined by the gov- 
ernor and council, the tolls upon said reconstructed Hampton 
Harbor toll bridge shall cease and said bridge shall thereafter 
be maintained as a free bridge. 

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

[Approved May 20, 1947.] 



CHAPTER 151. 

AN ACT RELATIVE TO MENTALLY INCOMPETENT PERSONS. 

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

1. Mentally Incompetent Persons. Amend the title and 
subtitle of chapter 343 of the Revised Laws, by striking out 
the word "insane" and substituting in place thereof the words, 
mentally incompetent, so that the same as amended shall read 
as follows: 

Chapter 343 

Guardians of Mentally Incompetent Persons, Spendthrifts, etc. 
Mentally Incompetent Persons 

2. Guardian. Amend sections 1, 2, 3, 7, 8 and 9 of chap- 
ter 343 of the Pvevised Laws, by striking out the words "in- 
sane" or "sane," wherever the same appear and inserting in 
place thereof the following words, mentally incompetent, or, 
competent, with the appropriate articles preceding the same, 
so that as amended the same shall read: 1. Inquisition. 
Upon application of a relative or friend of a mentally in- 
competent person, or of the overseers of the poor of the town 
where he lives, made to the judge of probate for the county, 
that a guardian may be appointed over such person, the 
judge shall cause inquisition, with notice, to be made by three 
suitable persons by him appointed. 



1947] Chapter 151 179 

2. Guardian. If, upon the return of the inquisition and 
due examination had, it is decreed that the person is mentally 
incompetent, the judge shall appoint a guardian over him; 
but no decree or appointment shall be made until he has been 
cited to appear and show cause against the same. 

3. Right of Waiver, etc. The guardian of a mentally in- 
competent person shall have the same right that his ward 
would have, if competent, to waive the provisions of a will 
in favor of his ward, intended to be in lieu of dower, or 
curtesy, and distributive share, and shall likewise have the 
power to release said ward's right of dower or curtesy and 
homestead right, and take for his ward the same property and 
rights that the ward would take and have if competent; and 
such guardian shall have the same right to an extension of 
time within which such waiver may be filed, by permission of 
the judge of probate, that the ward, if competent, would have. 

7. Notice of Appointment. Every guardian of a mentally 
incompetent person or spendthrift shall, immediately upon his 
appointment, give public notice thereof, in some newspaper 
circulated in the vicinity, or in such newspaper as the judge 
shall direct, and shall post a notification thereof in the town 
where his ward resides. 

8. Validity of Contracts, etc. No bargain, sale or contract 
by a person alleged to be mentally incompetent or a spend- 
thrift shall be vahd if made after an attested copy of the com- 
plaint presented to a judge, upon which a guardian shall be 
appointed, and of the order of notice thereon, shall have been 
filed with the clerk of the town in which the person com- 
plained of resides, unless the guardian, by an instrument un- 
der his hand and seal, afterward approves and ratifies the 
same. 

9. Decree of Insolvency. When, upon representation of 
the guardian of a mentally incompetent person or spendthrift, 
the judge is satisfied that the estate of the ward is not suf- 
ficient to discharge the just debts due therefrom, he may de- 
cree that the estate be settled as insolvent; and thereupon 
such proceedings shall be had, decrees made, appeals allowed, 
suits disposed of and the accounts of the guardian adjusted, 
as in the case of insolvent estates of deceased persons. 

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

[Approved May 20, 1947.] 



180 Chapter 152 [1947 

CHAPTER 152. 

AN ACT RELATING TO A STATE FISH AND GAME REFUGE ON BEAR 
BROOK AREA. 

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

1. Fish and Game Refuge. Amend section 12-a of chapter 
246 of the Revised Laws, as inserted by chapter 158 of the 
Laws of 1943, by striking out said section and inserting in 
place thereof the following: 12-a. Bear Brook. The limi- 
tations as to the area within refuges on publicly owned lands 
and as to distances between refuges as provided for in sec- 
tion 11 of this chapter shall not prohibit the establishment of 
a game refuge on the Bear Brook area so called in the towns 
of Allenstown, Deerfield, Candia and Hooksett transferred 
from the United States to the state of New Hampshire for 
public park, recreational and conservation purposes, provided 
that not less than two thousand acres within the boundaries 
of the area shall be open to hunting according to the laws of 
this state from November fifteenth to March fifteenth and 
that all of said area shall be open to fishing in accordance with 
the laws of this state. If such a refuge is established, the 
expense of policing the refuge shall be assumed by the 
director. 

2. Taking of Deer. Amend chapter 246 of the Revised 
Laws by inserting after section 12-a, as inserted by chapter 
158, Laws of 1943 and as hereinbefore amended, the follow- 
ing new section: 12-b. Taking by Bow and Arrow. In 
addition to the area open to hunting as provided by section 
12-a, when in the opinion of the director of the fish and game 
department and by agreement with the forestry and rec- 
reation commission it is to be deemed in the interest of good 
game management practices, said Bear Brook Game Refuge 
may be open to the taking of deer by bow and arrow under 
such regulations as may be prescribed by the director of the 
fish and game department. 

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

[Approved May 20, 1947.] 



1947] Chapters 153, 154 181 

CHAPTER 153. 

AN ACT TO AUTHORIZE THE WRITING OF COLLISION, FIRE AND 
THEFT INSURANCE. 

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

1. Ijisurance Companies. Amend paragraph V of section 1 
of chapter 322 of the Revised Laws by adding- at the end there- 
of the words, and on motor vehicles and aircraft, their fittings 
and contents and use and occupancy, against loss or damage 
from accident, collision, fire, theft or other casualty, so that 
said paragraph as amended shall read as follows : V. Against 
the liability of the insured for the death or disability or 
damage to property of another and on motor vehicles and 
aircraft, their fittings and contents and use and occupancy, 
ag"ainst loss or damage from accident, collision, fire, theft or 
other casualty. 

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

[Approved May 20, 1947.] 



CHAPTER 154. 



AN ACT RELATIVE TO PENALTY FOR LOTTERIES, GAMBLING AND 
WAGERS. 

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

1. Lotteries and Gambling. Amend section 13 of chapter 
447 of the Revised Laws by striking out in the second line 
the word "one" and inserting in place thereof the word, five, 
so that said section as amended shall read as follows: 13. 
Penalty. Whoever violates any of the foregoing- provisions 
of this chapter shall be fined not more than five hundred 
dollars, or imprisoned not more than one year, or both. 

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

[Approved May 21, 1947.] 



182 Chapters 155, 156 [1947 

CHAPTER 155. 

AN ACT RELATIVE TO RACE MEETS IN TOWNS VOTING AGAINST 
SUCH ACTIVITIES. 

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

1. Horse Race Meets. Amend chapter 171 of the Revised 
Laws by inserting after section 11 the following new section: 
11-a. Prohibition. On and after June 1, 1947, no license 
shall be issued by the commission under the provisions hereof 
for holding a race meet in any town unless and until the town 
at an annual or special meeting called for the purpose has by 
majority vote approved of the issuance of said license in said 
town. Provided, however, that nothing herein contained 
shall be construed or apply to the issuances of licenses by the 
commission in towns where licensed race meets have hereto- 
fore been held under the provisions of this chapter. 

2. Takes Effect. This act shall take effect June 1, 1947. 
[Approved May 21, 1947.] 



CHAPTER 156. 



AN ACT GRANTING SCHOOL DISTRICTS TEMPORARY EMERGENCY 

EXEMPTION FROM CERTAIN PROVISIONS OF THE MUNICIPAL 

BONDS STATUTE. 

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

1. Authority. Any school district duly organized and 
existing under the provisions of law is hereby authorized and 
empowered to issue its serial bonds or notes for the purpose 
of construction of new school buildings or for the alteration 
of present structures, or for the enlargement and improve- 
ment of existing school facilities, to an amount not exceeding 
five per cent of the latest assessed valuation of the taxable 
property in such district. Existing indebtedness of such dis- 
tricts shall be included in determining net borrowing capacity 
hereunder. 

2. Procedure. The procedure for issuance of serial notes or 



1947] Chapter 156 183 

bonds by school districts under this act shall be governed by 
the provisions of chapter 72, Revised Laws, with the exception 
of sections 7 and 8 thereof, and to the extent not inconsistent 
with this act. 

3. Bond Issue; Special Cases. A school district may vote 
to issue bonds or notes for the purposes set forth in section 1 
of this act in an amount in excess of five per cent of the 
latest assessed valuation but not in excess of eight per cent 
thereof, in accordance with the conditions set forth in sec- 
tions 4, 5, 6, and 7 of this act. A certified copy of the record 
of the action of the school district shall be presented forth- 
with to the commissioner of education. 

4. Board Designa,ted. There shall be a board of investi- 
gation composed as follows : The commissioner of education ; 
a member of the tax commission to be selected by said com- 
mission; the chairman of the judiciary committee of the 
senate; the chairman of the judiciary committee of the house 
of representatives, and one other person having knowledge 
of the educational and financial matters to be appointed by the 
governor. In the event that either the chairman of the judi- 
ciary committee of the senate or of the house of represen- 
tatives shall be unable to serve, the president of the senate 
or the speaker of the house of representatives or in the absence 
or inability to act of either of them, the governor shall 
designate some other member of the respective judiciary com- 
mittees as a member of said board. The member of said 
board representing the tax commission shall serve as chair- 
man thereof, and said board shall choose some other member 
thereof as clerk. The non-state-salaried members of said 
board shall receive compensation for their services at the rate 
of six dollars per diem and reasonable expenses, and said com- 
pensation, together with other expenses incurred by the board, 
shall be paid by the school district or school districts whose 
proposals are to be examined. Said committee shall make a 
complete stenographic record of its hearings. 

5. Meetings of Board. Upon receipt of the record pro- 
vided under section 3, the commissioner of education shall 
notify the chairman of said board of the receipt thereof and 
said chairman shall fix a time and place when all interested 
parties may be heard, giving notice thereof by registered mail 
to the chairman of the school board and the clerk of the school 



184 Chapter 156 [1947 

district presenting the proposal at least fourteen days prior 
to the date of the hearing and causing said notice to be pub- 
lished once, prior to the date of the hearing in some news- 
paper of general circulation in said district. Such hearing 
may be adjourned at the discretion of the board. 

6. Findings of Board. Said board shall consider the edu- 
cational needs and financial condition of the district ; and if it 
finds that the proposal is in the best interest of and within 
the financial capacity of said district, it shall certify its 
approval to the governor and council ; but if it concludes that 
the proposal is inexpedient, it shall submit its disapproval 
forthwith in writing to the chairman of the school board and 
the clerk of said district, and thereupon the action of said 
district shall become null and void. The findings of said board 
shall be by majority vote of all members. 

7. Approval of Governor and Council. Upon receipt of the 
approval of a proposal by the board, the same shall be ex- 
amined by the governor and council ; and if the same shall 
be approved by them, such approval shall be certified by the 
secretary of state to the chairman of the school board and 
the clerk of the district, whereupon said bond issue shall be 
regarded as authorized as though said issue were less than 
five per cent of the latest assessed valuation of said district. 

8. Extension of Bond Term. Under the conditions of 
application, notice, hearing, approval and certification, as set 
forth in sections 3, 4, 5, 6 and 7 of this act, the term of any 
bonds issued under the provisions of this act may be extended 
to a period of not more than thirty years. 

9. Duration of Board. The authority vested in the board 
designated under the provisions of section 4 of this act shall 
terminate on January 1, 1949. 

10. State Board of Education. Amend section 1, chapter 
141, Revised Laws, as inserted by section 1, chapter 127, Laws 
of 1945, by adding at the end thereof the following sentence: 
The state board of education shall recommend the postpone- 
ment of the construction of new school buildings and facilities 
in cases in which it finds that price levels and costs of con- 
struction when compared with the relative needs of the school 
district, or other expedient reasons, make it more advantage- 
ous for the school district to postpone such construction to a 
later date, which recommendation shall be advisory in nature 



1947] Chapter 157 185 

only, so that said section as amended shall read as follows: 
1. Location and Construction 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 buildings 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 building. 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 pro- 
visions 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. The state board of education shall recommend the 
postponement of the construction of new school buildings and 
facilities in cases in which it finds that price levels and costs 
of construction when compared with the relative needs of the 
school district, or other expedient reasons, make it more ad- 
vantageous for the school district to postpone such construction 
to a later date, which recommendation shall be advisory in 
nature only. 

11. Takes Effect; Expiration. This act shall take eflfect 
upon its passage, provided that no action shall be taken here- 
under, with the exception of section 10, by any school district 
after December 31, 1948. The foregoing limitation of this 
act shall not affect the validity of any bonds or notes issued 
by authority thereof. 

[Approved May 22, 1947.] 



CHAPTER 157. 

AN ACT RELATIVE TO CAPITAL STOCK OF TRUST COMPANIES. 

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

1. Trust Companies. Amend section 25 of chapter 313 of 
the Revised Laws by striking out the words "one hundred" 
in the eighth line and inserting in place thereof the words, 
par value of not less than twenty-five, so that said section as 



186 Chapter 157 [1947 

amended shall read as follows: 25. Limits; Shares. The 
capital stock of such corporation shall be not less than twenty- 
five thousand dollars. In towns and cities of more than four 
thousand inhabitants it shall be not less than fifty thousand 
dollars; in those of more than ten thousand inhabitants it 
shall be not less than one hundred thousand dollars; and in 
those of more than fifty thousand inhabitants it shall be not 
less than two hundred thousand dollars. In no event shall 
the capital stock exceed five hundred thousand dollars. It 
shall be divided into shares of par value of not less than 
twenty-five dollars each. 

2. Application to Existing Corporations. Amend chapter 
313 of the Revised Laws by inserting after section 25 the 
following- new section: 25-a. Change in Par Value. Any 
such corporation, heretofore organized and actually doing 
business under the provisions of this chapter, may divide its 
existing shares into shares of a par value of not less than 
twenty-five dollars each. Such division shall be authorized 
by the stockholders of the corporation at a meeting called for 
such purpose, whether special or annual, and the action taken 
shall be subject to the approval of the incorporation board. 

3. FiUng. Amend said chapter 313 of the Revised Laws 
by inserting after section 27 the following new section : 27-a. 
Fees. The fee for recording with the secretary of state any 
amended certificate, which does not embody an increase of the 
authorized capital stock, shall be five dollars. 

4. Directors and Trustees. Amend section 3 of chapter 
308 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 3. Qualifications. 
No person shall be eligible to the position of a director of a 
trust company or state bank or trustee of a guaranty savings 
bank, who is not the absolute owner of one thousand dollars 
of the par value of the stock or guaranty fund of said insti- 
tution; provided, that when the stock or guaranty fund of 
such institution does not exceed fifty thousand dollars, a per- 
son to be eligible to the position of a director or trustee shall 
be the absolute owner of five hundred dollars of the par value 
of the stock or guaranty fund of such institution. 

5. Directors. Amend section 30 of chapter 313 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 30. Directors. No person shall 



1947] Chapters 158, 159 187 

be a director of any such corporation unless he is a stock- 
holder thereof, owning in his own right not less than one 
thousand dollars of the par value of unpledged stock. A 
majority of the directors shall be citizens of and residents in 
the town or city where said corporation is located. 

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

[Approved May 22, 1947.] 



CHAPTER 158. 

AN ACT ESTABLISHING A STATE TREE FOR NEW HAMPSHIRE. 

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

1. State Emblems. Amend chapter 13 of the Revised 
Laws by inserting after section 3 the following new section: 
3-a. Tree. The white birch tree, Betuda Papyrifera, is the 
state tree of New Hampshire. 

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

[Approved May 22, 1947.] 



CHAPTER 159. 



AN ACT RELATING TO RECOUNTS BY THE SECRETARY OF STATE, 

EXTENDING THE TIME FOR PREPARATION OF BALLOTS AND 

OTHERWISE CLARIFYING THE ELECTION LAWS. 

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

1. Recounts; Primary. Amend section 55 of chapter 33 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 55. Counting. Upon the 
date set for the recount, the ballots shall be counted by the 
secretary of state and such assistants as he may require. 
The various candidates, their counsel and assistants shall have 
the right to inspect the ballots and participate in such recount 



188 Chapter 159 [1947 

under such suitable rules as the secretary of state may adopt. 
Each candidate or his counsel shall have the right to protest 
the counting of or failure to count any ballot. The secretary 
of state shall thereupon rule on said ballot and attach thereto 
a memorandum setting forth the name of the candidate mak- 
ing the protest and the ruling thereon. 

2. Recounts; Election. Amend section 106 of chapter 34 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 106. Recount. At the time 
and place so appointed and notified, the ballots shall be 
counted by the secretary of state and such assistants as he 
may require. The various candidates, their counsel and 
assistants shall have the right to inspect the ballots and 
participate in such recount under such suitable rules as 
the secretary of state may adopt. Each candidate or his 
counsel shall have the right to protest the counting of or 
failure to count any ballot. The secretary of state shall 
thereupon rule on said ballot and shall attach thereto a 
memorandum setting forth the name of the candidate making 
the protest and the ruling thereon. 

3. Time Limit. Amend section 65 of chapter 33 of the 
Revised Laws, by striking out the word "thirty" in the second 
line thereof and inserting in place thereof the word, forty, so 
that said section as amended shall read as follows: 65. 
Filing. Nomination papers shall be filed with the secretary 
of state forty days prior to the day of election for all candi- 
dates for any office. The number of days herein given shall 
include Sundays, and shall end on the day before election at 
six o'clock in the afternoon. 

4. Filling of Vacancies. Amend section 52, chapter 33, 
Revised Laws, by striking out the word "thirty" in the fourth 
line and inserting in place thereof the word, forty, and by 
adding at the end of said section the words, or where the sole 
candidate filing for the nomination shall be disqualified for 
any reason, so that said section as amended shall read as 
follows: 52. Vacancies, Vacancies upon any party ticket 
occurring after the holding of any 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 appointment made with the secretary of state forty days 
prior to the day of election for all candidates for any office. 
The number of days herein given shall include Sundays and 



1947] Chapter 160 189 

shall end on the day before election at six o'clock in the after- 
noon. The names of persons so appointed shall be placed 
upon the official 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 wi'itten 
in withdraws or refuses to accept the nomination or where 
the sole candidate filing for the nomination shall be dis- 
qualified for any reason. 

5. Death. Amend section 67, chapter 33, Revised Laws 
as amended by chapter 22, Laws of 1945, by striking out said 
section and inserting in place thereof the following: 67. 
Death of Candidate. In' case of the death of any candidate to 
be voted for at any primary 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. In cases of vacancies 
in candidacies for the offices of state senator and councilor, 
the appropriate party committee to fill such vacancies here- 
under shall be the state committee of the party affected. 

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

[Approved May 28, 1947.] 



CHAPTER 160. 



AN ACT RELATIVE TO LIMITATION ON AMOUNT OF FRATERNAL 
BENEFIT SOCIETY PAYMENTS. 

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

1. Fraternal Benefit Societies. Amend section 5 of chap- 
ter 333 of the Revised Laws, as inserted by chapter 149 of 
the Laws of 1945, by inserting after the word "person" in 
the third line the words, except in double indemnity in case 
of accidental death when such sum shall not exceed ten 
thousand dollars, so that said section as amended shall read 
as follows: 5. Benefits. Any such society authorized to do 
business in this state shall provide for the payment of death 



190 Chapter 161 '[1947 

benefits, in a sum not exceeding five thousand dollars to any 
person, except in double indemnity in case of accidental death 
when such sum shall not exceed ten thousand dollars, and may 
issue to its members term, life, and endowment certificates 
and combinations thereof, including double indemnity in case 
of accidental death, and may provide for the payment of 
benefits in case of temporary or permanent disability as the 
result of disease or accident ; and may grant loans, withdrawal 
equities, and such nonforfeiture options as its laws may per- 
mit, 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 monu- 
ments or tombstones to the memory of deceased members and 
may also provide for payment of funeral benefits in a sum not 
exceeding three hundred dollars to any person equitably en- 
titled thereto by reason of having incurred expense by the 
burial of the member. 

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

[Approved May 28, 1947.] 



CHAPTER 161. 

AN ACT RELATING TO FIREARMS AND ARTIFICIAL LIGHTS. 

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

1. Possession of Jacks, etc. Amend section 6 of chapter 
242 of the Revised Laws by inserting after the words, "the 
same is being transported," in the seventh line the following: 
The deliberate use of an artificial light between one-half hour 
after sunset and one-half hour before sunrise to illuminate, 
jack, or to show up game by a person having in his possession 
a rifle larger than a 22 cal. or shotgun with shot larger than 
No. 4, either in the gun, on the person, or in an automobile, 
boat, airplane or other craft propelled by mechanical power, 
shall be sufficient evidence of illegal night hunting; so that 
said section as amended shall read as follows : 6. Possession 
of Jacks, etc. No person shall have in his possession any jack 
or artificial light, swivel, pivot or set gun while hunting wild 



1947] Chapter 162 191 

birds or wild animals, including unprotected birds and wild 
animals on which a bounty may be paid. Any person con- 
victed of illegal night hunting shall forfeit such firearms, 
jacks, or any other equipment used or usable in the illegal night 
hunting at the time of such violation, including any vehicle in 
which the same is being transported. The dehberate use of 
an artificial light between one-half hour after sunset and one- 
half hour before sunrise to illuminate, jack, or to show up 
game by a person having in his possession a rifle larger than 
a 22 cal. or shotgun with shot larger than No. 4, either in the 
gun, on the person, or in an automobile, boat, airplane or other 
craft propelled by mechanical power, shall be sufficient 
evidence of illegal night hunting. Nothing herein contained 
shall be construed to prohibit the use of lights for hunting 
raccoon as permitted in section 3, chapter 244. 

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

[Approved May 28, 1947.] 



CHAPTER 162. 

AN ACT RELATING TO ACCIDENT AND HEALTH INSURANCE. 

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

1. Policies and Rates. Amend section 1 of chapter 331 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 1. Filing Policies and Rates. 

No policy of insurance against loss or expense from the sick- 
ness, or from the bodily injury or death by accident of the 
insured shall be issued or delivered to any person in this state 
nor shall any application, rider of endorsement be used in 
connection therewith until a copy of the form thereof and of 
the classification of risks and the premium rates, or, in the 
case of cooperatives or assessment companies the estimated 
cost pertaining thereto have been filed with the insurance 
commissioner nor until the expiration of thirty days there- 
after unless the commissioner shall sooner give his written 
approval thereof. 

2» Disapproval. Amend section 2 of said chapter by strik- 



192 Chapter 162 {1947 

ing out said section and inserting in place thereof the follow- 
ing: 2. Disapproval of Forms. The commissioner may, 
within thirty days after the filing of any such form, dis- 
approve such form (1) if the benefits provided therein are un- 
reasonable in relation to the premium charged, or (2) if it 
contains a provision or provisions which are unjust, unfair, 
inequitable, misleading, deceptive or encourage misrepresen- 
tation of such policy, or (3) if it does not comply with the re- 
quirements of law. If the commissioner shall notify the in- 
surer which has filed any such form that it does not comply 
with the provisions of this chapter, it shall be unlawful there- 
after for such insurer to issue such form or use it in con- 
nection with any policy. In such notice the commissioner 
shall specifiy the reasons for his disapproval and state that a 
hearing will be granted within twenty days after request in 
writing by the insurer. 

3. Later Disapproval. Further amend said chapter by in- 
serting after section 2 the following new section: 2-,a. Sub- 
sequent Disapproval. The commissioner may at any time, 
after a hearing of which not less than twenty days' written 
notice shall have been given to the insurer, withdraw his 
approval of any such form on any of the grounds stated in 
this chapter. It shall be unlawful for the insurer to issue 
such form or use it in connection with any policy after the 
effective date of such withdrawal of approval. The notice of 
any hearing called under this section shall specify the matters 
to be considered at such hearing and any decision aflSrming 
disapproval or directing withdrawal of approval under this 
chapter shall be in writing and shall specify the reasons 
therefor. 

4. Franchise Policies. Further amend said chapter by in- 
serting after section 26 the following new section: 26-a. 
Policies Under Franchise Plan. Section 21 of this chapter 
shall not be construed to prohibit the issuance or delivery in 
this state of policies under the franchise plan herein defined 
provided the rates charged, benefits payable, or underwriting 
procedure used do not discriminate between franchise plans. 
Accident and health insurance on a franchise plan is hereby 
declared to be that form of accident and health insurance 
issued to (1) five or more employees of any corporation, co- 
partnership, or individual employer or any governmental 



1947] Chapter 163 193 

corporation, agency or department thereof; or (2) ten or 
more members of any trade or professional association or of 
a labor union or of any other association having had an active 
existence for at least two years where such association or 
union has a constitution or by-laws and is formed in good 
faith for purposes other than that of obtaining insurance; 
where such persons, with or without their dependents, are 
issued the same form of an individual policy varying only as 
to amounts and kinds of coverage applied for by such persons, 
under an arrangement whereby the premiums on such pohcies 
may be paid to the insurer periodically by the employer, with 
or without payroll deductions, or by the association for its 
members. 

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

[Approved May 28, 1947.] 



CHAPTER 163. 

AN ACT RELATING TO THE TAKING OF DEER BY MINORS. 

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

1. Fishing and Hunting Licenses. Amend section 2 of 
chapter 247 of the Revised Laws by inserting before the word 
"children" in the fifth line the word, resident, so that said 
section as amended shall read as follows: 2. ,Excep.tions. 
The provisions of the foregoing section shall not apply to resi- 
dent owners of farm lands and their minor children while up- 
on their own land, to persons fishing in ponds operated and 
maintained by a duly licensed fish or game breeder, to chil- 
dren under sixteen years of age while fishing, to resident 
children under sixteen years of age while hunting when ac- 
companied by a licensee twenty-one j^ears of age or over, and 
to blind persons. 

2. Minors under Sixteen. Amend section 3 of said chap- 
ter 247 by striking out said section and inserting in place 
thereof the following: 3. Issuance of Licenses, etc. Such 
licenses shall be issued by the director through his agents 
under such rules and regulations, and in such form, as the 



194 Chapter 164 '[1947 

director may prescribe, to persons sixteen years of age or 
over, and to nonresident persons under sixteen years of age. 
Licensees shall furnish information concerning fish, game, or 
fur-bearing animals as the director may require. 

3. Nonresident Licenses. Amend section 6 of said chapter 
247 by inserting after paragraph III the following new para- 
graph: Ill-a. If the apphcant is a nonresident under six- 
teen years of age and wishes to hunt, fifteen dollars, and said 
agent shall thereupon issue a nonresident minor's hunting 
license which shall entitle the licensee to hunt, shoot, or take 
game animals when accompanied by another licensee twenty- 
one years of age or over, and to transport game animals under 
the restrictions of this title. 

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

[Approved May 28, 1947.] 



CHAPTER 164. 

AN ACT RELATING TO V^RESTLING. 

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

1. Wrestling Exhibitions. Amend sections 11, 17, 18, 19, 

20 and 23 of chapter 172 of the Revised Laws by eliminating 
therefrom all references to wrestling, thereby removing said 
exhibitions from the supervision of the athletic commission 
except insofar as permits, licenses, taxes and reports are con- 
cerned. 

2. Control of Wrestling. Amend chapter 172 of the Re- 
vised Laws by adding after section 11 the following new 
section: 11-a. Wrestling Exhibitions. The commission may 
adopt such rules and regulations as it deems advisable to con- 
trol wrestling exhibitions, subject to the approval of the gov- 
ernor and council. Such rules and regulations shall be 
adopted upon the basis that wrestling is not a competitive 
sport, but is entertainment only. 

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

[Approved May 28, 1947.] 



1947] Chapters 165, 166 195 

CHAPTER 165. 

AN ACT RELATIVE TO POWERS OF FISH AND GAME CONSERVATION 
OFFICERS TO SEARCH WITHOUT WARRANT. 

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

1. Powers. Amend paragraph VI of section 25 of chap- 
ter 240 of the Revised Laws, by inserting after the word 
"highway" in the first line thereof the words, at an airbase, 
and further amend said paragraph by inserting after the word 
"conveyance" in the second line thereof the word, aircraft, so 
said said paragraph as amended shall read as follows: VI. 
To search without a warrant and to examine in the field, in 
the highway, at an airbase, or on the stream, any person, or 
any boat, conveyance, aircraft, vehicle, game bag, game coat, 
creel, crate, box, locker, or other receptacle, in the presence of 
the owner if reasonably possible, or any so-called fish house 
or bob house, in the presence of the occupant, for fish, game, 
or fur-bearing animals, when he has reasonable cause to be- 
lieve that any fish, game, or fur-bearing animals subject to 
forfeiture, are concealed thereon or therein. 

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

[Approved May 29, 1947.] 



CHAPTER 166. 



AN ACT TO ENCOURAGE AND PROMOTE THE ESTABLISHMENT OF 
APPRENTICESHIP PROGRAMS IN TRADES AND INDUSTRY. 

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

1. Apprenticeship Programs in Trades and Industry. 

Amend the Revised Laws by inserting after chapter 212 the 
following new chapter: 

Chapter 212-A 
1. Purposes. The purposes of this chapter are 

(a) to encourage employers, associations of employers 
and organizations of employees to voluntarily establish ap- 



196 Chapter 166 [1947 

prenticeship programs and the making of apprenticeship 
agreements ; 

(b) to create opportunities for young people to obtain 
employment and adequate training in trades and industry with 
parallel instructions in related and supplementary education 
under conditions that will equip them for profitable employ- 
ment and citizenship ; 

(c) to cooperate with the promotion and development of 
apprenticeship programs and systems in other states and with 
the federal committee on apprenticeship appointed under 
Public Law No. 308 - 75th U. S. Congress (Fitzgerald Act) ; 

(d) to provide for the registration and approval of 
apprenticeship programs and apprenticeship agreements and 
for the issuance of state certificates of completion of appren- 
ticeship. 

2. Apprenticeship Council. The governor, with the advice 
and consent of the council, shall appoint a State Apprentice- 
ship Council, composed of four representatives each from em- 
ployer and employee organizations respectively. The council 
shall, by majority vote, elect from its membership a chair- 
man, a vice-chairman and a secretary. The vice-chairman 
shall act in the absence or inabiUty of the chairman. Each 
member shall be appointed for a term of three years and shall 
hold office until his successor is appointed and has qualified. 
Any vacancy, due to resignation or inability to act, shall be 
filled by appointment by the governor for the unexpired 
portion of the term. The commissioner of education, the com- 
missioner of labor, and the director of the state employ- 
ment service shall be .members of the council, ex ojjicio, with- 
out vote. The council may, by majority vote, designate such 
consultants as it may deem necessary and desirable to assist it 
in the performance of its duties. The members of the council 
shall receive no compensation for their services, but shall be 
reimbursed for transportation and actual expenses necessarily 
incurred in the performance of their duties under this 
chapter ; such expenses to be approved on voucher by the com- 
missioner of labor. 

3. The Duties of the Council. The council shall meet 
quarterly and as often as may be necessary; may adopt rules 
and regulations; may establish additional standards for 
apprenticeship agreements; and may request the services of 



1947] Chapter 166 197 

any state or federal agency or department which may be of 
assistance in carrying- out the purposes of this chapter. In 
addition to the foregoing, the council shall 

(a) encourage and promote the development of ap- 
prenticeship programs and the making of apprenticeship 
agreements ; 

(b) bring about the settlement of differences arising out 
of an apprenticeship agreement when such differences cannot 
be adjusted locally or in accordance with established trade 
procedure ; 

(c) supervise the execution of agreements and mainte- 
nance of standards; 

(d) register or terminate or cancel the registration of 
apprenticeship programs and apprenticeship agreements; 

(e) issue certificates of completion of apprenticeship as 
shall be authorized by the council; 

(f ) keep a record of apprenticeship programs and appren- 
tice agreements and their disposition ; 

(g) cooperate with the state department of education 
and the local school authorities in the organization and 
establishment of classes of related and supplemental in- 
struction for apprentices employed under approved agree- 
ments; and 

(h) render such assistance and submit such information 
and data as may be requested by employers, employees and 
joint apprenticeship committees engaged in the formulation 
and operation of programs of apprenticeship, particularly in 
regard to work schedules, wages, conditions of employment, 
apprenticeship records and number of apprentices. 

4. Amnual Report. The council shall annually make a re- 
port of its activities and progress to the governor; said re- 
port shall be contained in the biennial report of the bureau of 
labor. 

5. Related and Supplemental Instruction. Related and 
supplemental instruction for apprentices, co-ordination of in- 
struction with work experiences, and the selection of teachers 
and co-ordinators for such instruction shall be the responsi- 
bility of state and local boards of education. The state de- 
partment of education shall be responsible and make provision 
subject to the department's decision on the allotment of its 
funds for related and supplementary instruction for appren- 



198 Chapter 166 i[1947 

tices as may be employed under apprenticeship programs 
registered and approved by the council. 

6. Local, Regional aind State Joint Apprenticeishlp Com- 
mittees. Local and state joint apprenticeship committees 
may be approved, in any. trade or group of trades, in cities, 
regions of the state or trade areas, by the council, whenever 
the apprentice training needs of such trade or group of trades 
or such regions justify such establishment. Such local, re- 
gional or state joint apprenticeship committees shall be com- 
posed of an equal number of employer and employee repre- 
sentatives selected by the respective local or state employer 
and employee organizations in such trade or group of trades; 
also such advisory members representing local boards or other 
agencies as may be deemed advisable. In a trade or group of 
trades in which there is no bona fide employer or employee 
organization, a joint committee may be composed of persons 
known to represent the interests of employers and of employ- 
ees respectively, or a state joint apprenticeship committee 
may be approved as, or the council may act itself as, the joint 
committee in such trade or group of trades. Subject to the 
review of the council, and in accordance with the standards 
established by the council, such committees may devise stand- 
ards for apprenticeship agreements and give such aid as may 
be necessary in their operation, in their respective trades and 
localities. 

7. Minimum Standards for Apprenticeship Agreements. 
All apprenticeship agreements submitted for approval and 
registration with the council shall meet the following mini- 
mum standards: 

(a) a statement of the trade or craft to be taught and 
the required hours necessary for the completion of the ap- 
prenticeship shall not be less than four thousand hours of 
reasonably continuous employment; 

(b) a statement of the processes in the trade or craft 
divisions in which the apprentice is to be taught and the 
approximate amount of time to be spent at each process ; 

(c) a statement of the number of hours to be spent by 
the apprentice in work and the number of hours to be spent 
in related and supplemental instruction which instruction 
shall be not less than one hundred forty-four hours per year; 

(d) a statement that apprentices shall be not less than 
sixteen years of age; 



1947] • Chapter 166 199 

(e) provision for a period of probation, not exceeding 
six months or one thousand hours, during which period, the 
council shall terminate or cancel the registration of an 
apprenticeship agreement at the request in writing of any 
party thereto. After the probationary period, the apprentice- 
ship council shall terminate or cancel the registration of an 
apprenticeship agreement upon request in writing of both 
parties or upon just cause shown; 

(f) provision for "an increasing schedule of wages" 
which shall average, over the required hours or years for 
completion, not less than approximately one-half of the 
journeyman's rate; 

(g) provision that the services of the apprenticeship 
council may be utilized for consultation regarding the settle- 
ment of differences arising out of the apprenticeship agree- 
ment where such differences cannot be adjusted locally or in 
accordance with the established trade procedure; 

(h) provision that if an employer is unable to fulfill his 
obligations under the apprenticeship agreement he may 
arrange for the transfer of the agreement to another em- 
ployer after consent by the apprentice and approval by the 
council and the new employer; 

(i) a statement as to the ratio of apprentices to journey- 
men or number of apprentices to be employed during any year 
under the program; 

(j) provision for the granting of credit to apprentices for 
previous work experience or related and supplemental train- 
ing; and 

(k) provision for supervision and the keeping of records. 

8. Apprenticeship Agreements. For the purposes of this 
chapter an apprenticeship agreement is an individual written 
agreement between an employer and an apprentice, or a 
written agreement between an apprentice and an association 
of employers, or an organization of employees, or where an 
approved joint committee exists, a written agreement between 
an apprentice and such committee. 

9. Limitation. The provisions of this chapter shall apply 
to a person, firm, corporation or organization of employees or 
an association of employers only after such person, firm, corpo- 
ration or organization of employees or association of employ- 
ers has voluntarily elected to conform with its provision. 



200 Chapters 167, 168 |[1947 

10. Separability. If any provision of this chapter or the 
appHcation thereof to any person or circumstances, is held 
invalid, the remainder of the chapter, and the application of 
such provision to other persons and circumstances shall not 
be affected thereby. 

2. Appropriation. There is hereby appropriated for the 
purpose of carrying out the provisions of this act the sum of 
one thousand dollars for each of the fiscal years ending 
June 30, 1948 and June 30, 1949 and the governor is hereby 
authorized to draw his warrant for said sums out of any 
money in the treasury not otherwise appropriated, 

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

[Approved May 29, 1947.] 



CHAPTER 167. 



AN ACT RELATIVE TO TUITION FOR PLYMOUTH AND KEENE 
TEACHERS COLLEGES. 

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

1. The Teachers Colleges. Amend section 21 of chapter 134 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 21. Tuition. The state 
board shall fix the tuition to be paid at the teachers colleges. 

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

[Approved May 29, 1947.] 



CHAPTER 168. 

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 



1947] Chapter 168 201 

Hampshire, the governor, upon receipt of a request from the 
board of trustees of the university, and by and with the con- 
sent of the council, may direct the state treasurer to borrow 
upon the faith and credit of the state a sum not exceeding 
two milhon 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 governor 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 denomi- 
nations, 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 countersigned 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 ex- 
press guarantee which shall be deemed a contract on the part 
of the state that the bonds or notes will be liquidated in equal 
annual installments in a period not exceeding twenty 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 
council in such manner as they may determine to be most 
advantageous to the state. All such sum or sums thus real- 
ized shall be credited by the state treasurer to the university 
and shall be expended under the direction of the board of 
trustees for the aforesaid purpose. 

4. Liquidation. The state treasurer is authorized to de- 
duct from said university fund for each fiscal year such sum 
or sums as may be necessary to meet interest and principal 
payments in accordance with the terms and conditions of the 
bonds or notes issued under the authority of this act for the 
purpose herein stated. 



202 Chapter 169 [1947 

5. Appropriation. For the purpose of providing the neces- 
sary credit for the issuance of such bonds or notes to be 
liquidated in the manner hereinbefore provided, and for the 
purpose of carrying out the provisions of this act, there is 
hereby appropriated the sum of two milHon dollars. 

6. Application of Laws. The sum hereby appropriated 
for the building program at the university shall be in addi- 
tion to the sums which the trustees may borrow in antici- 
pation 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 29, 1947.] 



CHAPTER 169.- 

AN ACT RELATNG TO HOUSING AUTHORITIES. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Housing Shortage. Amend section 2 of chapter 169 of 
the Revised Laws by striking out in the twenty-fourth line 
the word "unemployment" and inserting in place thereof the 
words, the acute housing shortage, so that said section as 
amended shall read as follows: 2. Finding and Declaration 
of Necessity. It is hereby declared: (a) that there exist in 
the state insanitary or unsafe dwelling accommodations and 
that persons of low income are forced to reside in such in- 
sanitary or unsafe accommodations; that within the state 
there is a shortage of safe or sanitary dwelling accommoda- 
tions available at rents which persons of low income can 
afford and that such persons are forced to occupy overcrowded 
and congested dwelling accommodations; that the aforesaid 
conditions cause an increase in and spread of disease and 
crime and constitute a menace to the health, safety, morals 
and welfare of the residents of the state and impair economic 
values; that these conditions necessitate excessive and dis- 
proportionate expenditures of public funds for crime pre- 
vention and punishment, public health and safety, fire and 
accident protection, and other public services and facilities; 
(b) that these areas in the state cannot be cleared, nor can 



See chapter 210, section 3, post. 



1947] Chapter 169 203 

the shortage of safe and sanitary dwellings for persons of low 
income be relieved, through the operation of private enter- 
prise, and that the construction of housing projects for per- 
sons of low income (as herein defined) would therefore not be 
competitive with private enterprise; (c) that the clearance, 
replanning and reconstruction of the areas in which insanitary 
or unsafe housing conditions exist and the providing of safe 
and sanitary dwelling accommodations for persons of low in- 
come are public uses and purposes for which public money 
may be spent and private property acquired and are govern- 
mental functions of state concern ; (d) that it is in the public 
interest that work on projects for such purposes be com- 
menced as soon as possible in order to relieve the acute hous- 
ing shortage which now constitutes an emergency; and the 
necessity in the public interest for the provisions hereinafter 
enacted, is hereby declared as a matter of legislative de- 
termination. 

2. Town Housing Authorities. Amend paragraphs II to 
VII inclusive of section 3 of chapter 169 of the Revised Laws 
by striking out said paragraphs, and inserting in place thereof 
the following: 

II. "Municipality" shall mean any city or town in this 
state. The "municipality" shall mean the particular munici- 
pality for which a particular housing authority is created. 

III. "Governing body" shall mean in a city that govern- 
ing body which is designated as such by the charter of the 
particular city ; in a town, the town meeting. 

IV. "Mayor" shall mean the mayor of the city or the 
officer thereof charged with the duties customarily imposed 
on the mayor or executive head of the city. "Mayor" shall 
also mean the selectmen in the case of towns. 

V. "Clerk" shall mean the clerk of the municipality or 
the officer charged with the duties customarily imposed on 
such clerk. 

VI. "Area of operation" of a housing authority of a 
municipality shall include all of the municipality for which 
it is created, and the area of operation of the housing author- 
ity of a city shall include the area within six miles of the 
territorial boundaries thereof. The area of operations of the 
housing authority of a city shall not, however, include any 
area which lies within the territorial boundaries of any other 
city, nor shall it include any portion of a town for which a 



204 Chapter 169 [1947 

housing authority has been organized, but the city housing 
authority may continue to operate any project which has been 
constructed or which is in the process of construction within 
the original area of its operations. 

VII. "Federal government" shall include the United 
States of America, or any agency or instrumentality, corpo- 
rate or otherwise, of the United States of America. 

3. Creation of Housing Authority. Amend section 4 of 
chapter 169 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 4. Creation of 
Housing Authority. In each municipality, as herein defined, 
of the state there is hereby created a public body corporate 
and politic to be known as the housing authority of the muni- 
cipality; provided that such authority shall not transact any 
business or exercise its powers as hereunder until the govern- 
ing body of the municipality by resolution adopted by major- 
ity vote of those present at any regular or special meeting 
shall have declared that there is need for an authority to 
function in such municipality. In towns, such resolution must 
be adopted by majority vote of those present and voting, by 
use of ballot, if at an annual meeting; and if such resolution 
is to be acted upon at a special meeting, the procedure for 
adoption shall be the same as that prescribed for the making 
of appropriations at special meetings as provided in section 5, 
chapter 51. In any suit, action or proceeding involving the 
validity or enforcement of or relating to any contract of the 
authority, the authority shall be conclusively deemed to have 
become established and authorized to transact business and 
exercise its powers hereunder upon proof of the creation of 
an authority and of the adoption of a resolution by the gov- 
erning body declaring the need for the authority. Such reso- 
lution or resolutions shall be deemed sufficient if it declares 
that there is need for an authority. A copy of such resolution 
duly certified by the clerk shall be admissible in evidence in 
any suit, action or proceeding. 

4. Commissioners. Amend section 5 of chapter 169 of the 
Revised Laws by striking out the word "city" in the fifth line 
and inserting in place thereof the word, municipality, and 
striking out the word "an" in the tenth line and inserting in 
place thereof the words, a paid, so that said section as 
amended shall read as follows: 5. Appointment, Qualifica- 
tions and Tenure. When the governing body of a municipal- 



1947] Chapter 169 205 

ity adopts a resolution as aforesaid, it shall promptly notify 
the mayor of such adoption. Upon receiving such notice, 
the mayor shall appoint five persons as commissioners of the 
authority created for said municipality. The commisioners 
who are first appointed shall be designated to serve for terms 
of one, two, three, four and five years, respectively, from the 
date of their appointment, but thereafter commissioners shall 
be appointed as aforesaid for a term of office of five years 
except that all vacancies shall be filled for the unexpired term. 
No commissioner of an authority may be a paid officer or em- 
ployee of the municipality for which the authority is created. 
A commissioner shall hold office until his successor has been 
appointed and has qualified. A certificate of the appointment 
or reappointment of any commissioner shall be filed with the 
clerk and such certificate shall be conclusive evidence of the 
due and proper appointment of such commissioner. A com- 
missioner shall receive no compensation for his services, but 
he shall be entitled to the necessary expenses, including- travel- 
ing expenses, incurred in the discharge of his duties. The 
powers of each authority shall be vested in the commissioners 
thereof in office from time to time. Three commissioners 
shall constitute a quorum of the authority for the purpose of 
conducting its business and exercising its powers and for all 
other purposes. Action may be taken by the authority upon 
a vote of a majority of the commissioners present, unless in 
any case the by-laws of the authority shall require a larger 
number. The mayor shall designate which of the commis- 
sioners appointed shall be the first chairman and he shall 
serve in the capacity of chairman until the expiration of his 
term of office as commissioner. When the office of the chair- 
man of the authority thereafter becomes vacant, the author- 
ity shall select a chairman from among its commissioners. 
An authority shall select from among its commissioners a 
vice-chairman, and it may employ a secretary (who shall be 
executive director), technical experts and such other officers, 
agents and employees, permanent and temporary, as it may 
require, and shall determine their qualifications, duties and 
compensation. For such legal services as it may require, an 
authority may call upon the chief law officer of the municipal- 
ity or may employ its own counsel and legal staff. An au- 
thority may delegate to one or more of its agents or employees 
such powers or duties as it may deem proper. 



206 Chapter 169 I [1947 

5. Reports. Amend paragraph VI of section 8 of chapter 
169 of the Revised Laws by adding thereto the words, and to 
publish and disseminate information on any of its findings, 
so that said paragraph as amended shall read as follows: VI. 
Within its area of operation; to investigate into living, dwell- 
ing and housing conditions and into the means and methods 
of improving such conditions; to determine where slum areas 
exist or where there is a shortage of decent, safe and sanitary 
dwelling accommodations for persons of low income; to make 
studies and recommendations relating to the problem of clear- 
ing, replanning and reconstructing of slum areas, and the 
problem of providing dwelling accommodations for persons 
of low income, and to cooperate with the municipality, the 
state or any political subdivision thereof in action taken in 
connection with such problems; and to engage in research, 
studies and experimentation on the subject of housing, and 
to publish and disseminate information on any of its findings. 

6. Exercise of Powers. Amend section 11 of chapter 169 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 11. Cooperation Between 
Authorities. Any local authority or authorities may join or 
cooperate with each other, either jointly or otherwise, in the 
exercise of any of their powers for the purpose of financing, 
including the issuance of bonds, notes or other obligations and 
the giving of security therefor, planning, undertaking, own- 
ing, constructing, operating or contracting with respect to a 
housing project or projects located within the area within 
which one or more of such authorities are authorized to 
exercise their powers. For such purpose any cooperating 
authority may, by resolution, prescribe and authorize any 
authority so joining and cooperating with it to act in its be- 
half in the exercise of any of such powers or the cooperating 
authorities may, by resolution, appoint from among the com- 
missioners of such authorities an executive committee with 
full powers to act on behalf of such authorities with respect 
to any of their powers as prescribed by resolution of such 
authority. 

7. Financial Assistance. Amend section 20 of chapter 169 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following : 20. Aid from Federal or 
State Government. In addition to the powers conferred upon 



1947] Chapter 169 207 

an authority by other provisions of this chapter, an authority 
is empowered to borrow money or accept contributions, 
grants or other financial assistance from the federal or state 
government for or in aid of any housing project within its 
area of operation, to take over or lease or manage any hous- 
ing project or undertaking constructed or owned by the 
federal or state government, and to these ends comply with 
such conditions and enter into such mortgages, trust in- 
dentures, leases or agreements as may be necessary, con- 
venient or desirable. Any such authority in any contract for 
annual contributions with the federal government, may 
obligate itself (which obligation shall be specifically enforce- 
able and shall not constitute a mortgage, notwithstanding any 
other laws) to convey to the federal government the project 
to which such contract relates, upon the occurrence of a sub- 
stantial default with respect to the covenants or conditions to 
which such authority is subject; such contract may further 
provide that in case of such conveyance, the federal govern- 
ment may complete, operate, manage, lease, convey or other- 
wise deal with the project in accordance with the terms of 
such contracts; provided, that the contract shall require that, 
as soon as practicable after the federal government is satis- 
fied that all defaults by reason of which it shall have acquired 
the project have been cured and that the project will there- 
after be operated in accordance with the terms of the con- 
tract, the federal government shall reconvey to such authority 
the project as then constituted. It is the purpose and intent 
of this chapter to authorize every authority to do any and all 
things necessary or desirable to secure the financial aid or co- 
operation of the federal or state government in the under- 
taking, construction, maintenance or operation of any housing 
project by such authority. 

8. Taxation. Amend section 21 of chapter 169 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 21. Tax Exemption and Pay- 
ments in Lieu of Taxes. The property of an authority is de- 
clared to be public property used for essential public and gov- 
ernmental purposes and such property and an authority shall 
be exempt from all taxes and special assessments of the state 
or any political subdivision thereof; provided, however, that in 
lieu of such taxes an authority may agree to make such pay- 



208 Chapter 169 :[1947 

merits to the state or any political subdivision thereof as the 
authority finds consistent with the maintenance of the low- 
rent character of the housing projects or the achievement of 
the purpose of the housing authorities law. 

9. Agreements as to Payments by Housing Authority. 
Amend section 23 of chapter 169 of the Revised Laws by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 23. Agreements as to Payments by Housing Author- 
ity. In connection with any housing project located wholly or 
partly within the area in which it is authorized to act, any 
municipality or taxing power thereof may agree with a hous- 
ing authority or the federal government that a certain sum 
or that no sum shall be paid by the authority in lieu of taxes 
for any year or period of years. 

10. Banks, Fiduciaries, etc. Investment of Funds. Amend 
chapter 169 of the Pvevised Laws by adding after section 28 
thereof the following new sections : 29. Bonds Legal Invest- 
ment and Security for Deposits. The state and all public 
officers, municipal corporations, poHtical subdivisions, and 
public bodies, all banks, bankers, trust companies, savings 
banks and institutions, investment companies, insurance com- 
panies, insurance associations and other persons carrying on a 
banking or insurance business, and all executors, administra- 
tors, guardians, trustees and other fiduciaries may legally in- 
vest any sinking funds, money or other funds belonging to 
them or within their control in any bonds or other obligations 
issued by a housing authority created by or pursuant to the 
housing authorities law and any acts amendatory or supple- 
mental thereto or issued by any public housing authority or 
agency in the United States, when such bonds or any other 
obligations are secured by a pledge of annual contributions to 
be paid by any state government or the United States gov- 
ernment or any agency thereof, and such bonds and other 
obligations shall be authorized security for all public de- 
posits; it being the purpose of this section to authorize any 
of the foregoing to use any funds owned or controlled by them, 
including (but not limited to) sinking, insurance, investment, 
retirement, compensation, pension and trust funds, and 
funds held on deposit, for the purchase of any such 
bonds or other obligations; provided, however, that nothing 
contained in this section shall be construed as relieving any 



1947] Chapter 170 209 

person, firm or corporation from any duty of exercising reason- 
able care in selecting securities. The provisions of this section 
shall apply notwithstanding any restrictions on investments 
contained in other laws. 30. Veterans Preference. The 
families of servicemen and the families of veterans of World 
War II (other than those dishonorably discharged), and the 
families of servicemen who died in the service during World 
War II, shall be granted a preference as between applicants 
equally in need and eligible for occupancy of the dwelling at 
the rent involved for all dweUings constructed or operated 
pursuant to the housing authorities law, and this preference 
shall continue until December 31, 1951. 

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

[Approved May 29, 1947.] 



CHAPTER 170. 



AN ACT TO CLARIFY THE RELATIONSHIP BETWEEN SELECTMEN 
AND HIGHWAY AGENTS. 

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

1. Clarification. Amend section 8, part 16, chapter 90 of 
the Revised Laws, as inserted by chapter 188, Laws of 1945, 
by striking out said section and inserting in place thereof the 
following: 8. Oath; Bond; Supervision. Highway agents 
and expert highway agents shall be sworn to the faithful dis- 
charge of their duty, give bonds to the satisfaction of the 
selectmen for the faithful performance of the duties of the 
office, and be responsible to them for the expenditure of money 
and the discharge of their duties generally. The selectmen 
may supervise the methods and manner of performance of 
such agents. If any highway agent shall intentionally or de- 
liberately refuse or neglect to comply with lawful instructions 
of the selectmen, or shall intentionally or deliberately refuse 
or neglect to carry out the duties prescribed by law for high- 
way agents after written request by the selectmen, the select- 
men may remove such agent from office. The selectmen shall 



210 Chapters 171, 172 [1947 

file a copy of any such order of removal, under their hands, 
with the town clerk. 

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

[Approved May 29, 1947.] 



CHAPTER 171. 



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-a of chapter 380 of the Revised Laws as inserted by chap- 
ter 118 of the Laws of 1945 by striking out said section and 
inserting in place thereof the following: 28-a. Clerk Hire. 
The sheriff for Hillsborough county shall be allowed the sum 
of fifteen hundred and sixty dollars annually for clerk hire 
payable weekly by said county. 

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

[Approved May 29, 1947.] 



CHAPTER 172. 

AN ACT DISQUALIFYING STRAW CANDIDATES, SO-CALLED. 

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

1. Prohibition. Amend section 11 of chapter 33 of the 
Revised Laws by adding at the end thereof the following: No 
person shall be a candidate for nomination at any primary un- 
less his candidacy is bona fide and is filed with the actual pur- 
pose of seeking the nomination, so that said section as 
amended shall read as follows: 11. Declaration of Candidacy. 
The name of a candidate shall not be printed upon an official 
ballot used at any primary unless not more than sixty days 



1947] Chapter 173 211 

prior to such primary 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. No person shall be a candidate for nomination at 
any primary unless his candidacy is bona fide and is filed with 
the actual purpose of seeking the nomination. 

2. Straw Candidates. Amend chapter 33 of the Revised 
Laws by inserting after section 27 the following new section: 
27-a. Straw Candiidates. Any candidate for nomination 
whose name is to be voted upon at a primary election, may 
within three days after the last day for filing declarations of 
candidacy and primary petitions file a petition with the ballot- 
law commission alleging that one or more candidates for the 
same nomination are obviously not bona fide candidates, 
having filed as straw candidates. The commission, after hear- 
ing with due notice thereof in writing to all candidates of that 
party for the same nomination, shall have the power and duty 
to order stricken forthwith from the primary ballot the name 
or names of any candidate or candidates for said nomination 
if the commission finds that such candidate or candidates are 
obviously not bona fide candidates, obviously having filed not 
primarily for the purpose of seeking the nomination but 
primarily for the purpose of drawing votes which might other- 
wise be cast for some other candidate for the same nomi- 
nation. The decision of the commission shall be final as to 
questions both of law and fact, and no court shall have juris- 
diction to review such decision. 

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

[Approved June 4, 1947.] 



CHAPTER 173. 

AN ACT RELATING TO LICENSES FOR AGENTS OF UNLICENSED 
COMPANIES. 

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

1. Licensed Resident Insurance Agents. Amend section 25 
of chapter 325 of the Revised Laws by striking out said 



212 Chapter 173 11947 

section and inserting in place thereof the following: 25. 
Issue. The commissioner, upon the annual payment of a fee 
of two dollars, may issue licenses to licensed resident agents 
of the state, subject to revocation at any time, permitting 
the agent named therein to procure insurance policies and 
contracts of insurance or suretyship to be effective in this 
state in foreign insurance companies not authorized to trans- 
act business in this state, but which are duly authorized to do 
business in some state having an insurance commissioner. 
All such licenses shall expire annually on March thirty-first. 
Such insurance or suretyship placed with an unadmitted com- 
pany shall be for such amount as the agent cannot place with 
an admitted company, and shall not be placed until the agent 
has first satisfied the insurance commissioner that he cannot 
procure such insurance in an admitted company. 

2. Requirements. Amend section 26 of chapter 325 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 26. Monthly Statements. 
Every such licensee shall, on or before the tenth day of each 
month, execute and file with the commissioner, a statement 
under oath covering all insurance policies and contracts of in- 
surance or suretyship procured by him under his said license 
during the calendar month next preceding, giving the name 
of the company issuing each of said policies, the name and 
residence of the insured and the amount, term and premium 
of each policy and contract and the kind of property or risk 
insured thereby, and that he was unable to procure in com- 
panies admitted to do business in the state the amount of 
insurance necessary to protect said property or risk. 

3. Prohibition. Amend section 28 of chapter 325 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 28. Unlicensed Persons, No per- 
son, unless he shall be so licensed, shall act or aid in any 
manner in placing policies and contracts of insurance or 
suretyship to be effective in this state, other than his own, 
in any company which is not duly authorized to transact 
business in this state. 

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

[Approved June 4, 1947.] 



1947] Chapter 174 218 

CHAPTER 174. 

AN ACT RELATING TO THE ALLOTMENT OF FUNDS TO TOWNS FOR 
THE MAINTENANCE OF CLASS V HIGHWAYS. 

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

1. Class V Highways. Amend section 8, Part 13, chap- 
ter 90, Revised Laws, as inserted by chapter 188, Laws of 
1945, by striking out in line five of said section the word 
"fifty" and inserting in place thereof the word, forty ; further 
amend by striking out in said line five the word "assessed" and 
inserting in place thereof the word, equalized; further amend 
by striking out in line nine of said section the word "fifty" and 
inserting in place thereof the word, forty; further amend by 
striking out in line ten of said section the word "assessed" 
and inserting in place thereof the word, equalized, so that said 
section as amended shall read as follows : 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 high- 
way department, a sum sufficient, when added to the amount 
which might be derived by a tax of forty cents on each one 
hundred dollars of equalized 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 forty 
cents on each one hundred dollars of equalized valuation w^ould 
produce an amount in excess of ninety dollars for each mile of 
regularly maintained class V highway in such town. 

2. Requirements. Amend section 9, Part 13, chapter 90, 
Revised Laws, as inserted by chapter 188, Laws of 1945, by 
striking out the same and inserting in place thereof the 
following: 9. Use of Allotment. The sum so allotted shall 
be used for the care, construction, reconstruction or mainte- 
nance of class V highways, and for no other purpose. Each 
town shall furnish the highway commissioner, before the first 
day of July of each year, a report under oath by such town 
officials as shall be designated by the highway commissioner, 
on such form as prescribed by the highway commissioner, 
showing the manner in which and the locations upon which 
such funds allotted the preceding year have been expended. No 



214 Chapter 175 [1947 

further allotment of such funds shall be made to any town 
until and unless such report is furnished. 

3. Takes Effect. This act shall take effect January 1, 
1948. 

[Approved June 10, 1947.] 



CHAPTER 175. 

AN ACT DEFINING GROUP LIFE INSURANCE. 

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

1. Amend chapter 327 of the Revised Laws by adding after 
section 14 thereof the following new subdivision: 

Group Life Insurance 

14-a. Definition. No policy of group life insurance shall 
be issued or delivered in this state unless it conforms to one 
of the following descriptions : 

(1) A policy issued to an employer, or to the trustees 
of a fund established by an employer, which employer or 
trustees shall be deemed the policyholder, to insure employees 
of the employer for the benefit of persons other than the em- 
ployer, subject to the following requirements: 

(a) The employees eligible for insurance under the 
policy shall be all of the employees of the employer, or all of 
any class or classes thereof determined by conditions pertain- 
ing to their employment. The policy may provide that the 
term "employees" shall include the employees of one or more 
subsidiary corporations, and the employees, individual pro- 
prietors, and partners of one or more affiliated corporations, 
proprietors or partnerships if the business of the employer 
and of such affiliated corporations, proprietors or partnerships 
is under common control through stock ownership, contract, 
or otherwise. The policy may provide that the term "employ- 
ees" shall include the individual proprietor or partners if the 
employer is an individual proprietor or a partnership. The 
poKcy may provide that the term "employees" shall include re- 
tired employees. 

(b) The premium for the policy shall be paid by the 



1947] Chapter 175 215 

policyholder, either wholly from the employer's funds or funds 
contributed by him, or partly from such funds and partly from 
funds contributed by the insured employees. No policy may 
be issued on which the entire premium is to be derived from 
funds contributed by the insured employees. A policy on 
which part of the premium is to be derived from funds con- 
tributed by the insured employees may be placed in force only 
if at least seventy-five per cent of the then eligible employees, 
excluding any as to whom evidence of individual insurability 
is not satisfactory to the insurer, elect to make the required 
contributions. A policy on which no part of the premium is 
to be derived from funds contributed by the insured em- 
ployees, must insure all eligible employees, or all except any 
as to whom evidence of individual insurability is not satis- 
factory to the insurer. 

(c) The policy must cover at least twenty-five employees 
at date of issue. 

(d) The amounts of insurance under the policy must be 
based upon some plan precluding individual selection either by 
the employees or by the employer or trustees. No policy may 
be issued which provides insurance on any employee which to- 
gether with any other insurance under any group life insur- 
ance policy or policies issued to the employer or to the trustees 
of a fund established in whole or in part by the employer ex- 
ceeds twenty thousand dollars. 

(2) A policy issued to a creditor, who shall be deemed 
the policyholder, to insure debtors of the creditor, subject to 
the following requirements : 

(a) The debtors eligible for insurance under the policy 
shall be all of the debtors of the creditor whose indebtedness 
is repayable in installments, or all of any class or classes 
thereof determined by conditions pertaining to the indebted- 
ness or to the purchase giving rise to the indebtedness. The 
policy may provide that the term "debtors" shall include the 
debtors of one or more subsidiary corporations, and the 
debtors of one or more affiliated corporations, proprietors or 
partnerships if the business of the policyholder and of such 
affiliated corporations, proprietors or partnerships is under 
common control through stock ownership, contract, or other- 
wise. 

(b) The premium for the policy shall be paid by the 



216 Chapter 175 [1947 

policyholder, either from the creditor's funds, or from charges 
collected from the insured debtors, or from both. A policy on 
which part or all of the premium is to be derived from the 
collection from the insured debtors of identifiable charges not 
required of uninsured debtors shall not include, in the class 
or classes of debtors eligible for insurance, debtors under 
obligations outstanding at its date of issue without evidence 
of individual insurability unless at least seventy-five per cent 
of the then eligible debtors elect to pay the required charges. 
A policy on which no part of the premium is to be derived 
from the collection of such identifiable charges must insure 
all eligible debtors, or all except any as to whom evidence of 
individual insurability is not satisfactory to the insurer. 

(c) The policy may be issued only if the group of 
eligible debtors is then receiving new entrants at the rate of 
at least one hundred persons yearly, or may reasonably be 
expected to receive at least one hundred new entrants during 
the first policy year, and only if the policy reserves to the in- 
surer the right to require evidence of individual insurability 
if less than seventy-five per cent of the new entrants become 
insured. 

(d) The amounts of insurance on the life of any debtor 
shall at no time exceed the amount owed by him which is re- 
payable in installments to the creditor, or ten thousand 
dollars, whichever is less. 

(e) The insurance shall be payable to the policyholder. 
Such payment shall reduce or extinguish the unpaid indebted- 
ness of the debtor to the extent of such payment. 

(3) A policy issued to a labor union, which shall be 
deemed the policyholder, to insure members of such union 
for the benefit of persons other than the union or any of its 
officials, representatives or agents, subject to the following 
requirements : 

(a) The members eligible for insurance under the policy 
shall be all of the members of the union, or all of any class or 
classes thereof determined by conditions pertaining to their 
employment, or to membership in the union, or both. 

(b) The premium for the policy shall be paid by the 
policyholder, either wholly from the union's funds, or partly 
from such funds and partly from funds contributed by the in- 
sured members specifically for their insurance. No policy may 



1947] Chapter 175 217 

be issued on which the entire premium is to be derived from 
funds contributed by the insured members specifically for 
their insurance. A policy on which part of the premium is 
to be derived from funds contributed by the insured members 
specifically for their insurance may be placed in force only if 
at least seventy-five per cent of the then eligible members, ex- 
cluding any as to whom evidence of individual insurability is 
not satisfactory to the insurer, elect to make the required 
contributions. A policy on which no part of the premium is 
to be derived from funds contributed by the insured members 
specifically for their insurance must insure all eligible mem- 
bers, or all except any as to whom evidence of individual in- 
surability is not satisfactory to the insurer. 

(c) The policy must cover at least twenty-five members 
at date of issue. 

(d) The amounts of insurance under the policy must be 
based upon some plan precluding individual selection either 
by the members or by the union. No policy may be issued 
which provides insurance on any union member which to- 
gether with any other insurance under any group life insur- 
ance policies issued to the union exceeds twenty thousand 
dollars. 

(4) A policy issued to the trustees of a fund established 
by two or more employers in the same industry or by two 
or more labor unions, which trustees shall be deemed the 
policyholder, to insure employees of the employers or members 
of the unions for the benefit of persons other than the em- 
ployers or the unions, subject to the following requirements: 

(a) The persons eligible for insurance shall be all of the 
employees of the employers or all of the members of the 
unions, or all of any class or classes thereof determined by 
conditions pertaining to their employment, or to membership 
in the unions, or to both. The policy may provide that the 
term "employees" shall include the individual proprietor or 
partners if an employer is an individual proprietor or a 
partnership. The policy may provide that the term "em- 
ployees" shall include the trustees or their employees, or both, 
if their duties are principally connected with such trusteeship. 
The policy may provide that the term "employees" shall in- 
clude retired employees. 

(b) The premium for the policy shall be paid by the 
trustees wholly from funds contributed by the employers of 



218 Chapter 175 [1947 

the insured persons. The policy must insure all eligible per- 
sons, or all except any as to whom evidence of individual in- 
surability is not satisfactory to the insurer, 

(c) The policy must cover at least one hundred persons 
at date of issue. 

(d) The amounts of insurance under the policy must be 
based upon some plan precluding individual selection either by 
the insured persons or by the policyholder, employers, or 
unions. No policy may be issued which provides insurance on 
any person which together with any other insurance under 
any group life insurance policy or policies issued to the em- 
ployers or any of them, or to the trustees of a fund estab- 
lished in whole or in part by the employers or any of them, 
exceeds twenty thousand dollars. 

14-b. Group Standard Provisions. No policy of group 
life insurance shall be delivered in this state unless it contains 
in substance the following provisions, or provisions which in 
the opinion of the commissioner are more favorable to the 
persons insured, or at least as favorable to the persons in- 
sured and more favorable to the policyholder, provided, how- 
ever, (a) that provisions (6) to (10) inclusive shall not apply 
to policies issued to a creditor to insure debtors of such 
creditor ; (b) that standard provisions which may be required 
for individual life insurance policies shall not apply to group 
life insurance policies; and (c) that if the group life insur- 
ance policy is on a plan of insurance other than the term plan, 
it shall contain a non-forfeiture provision or provisions which 
in the opinion of the commissioner is or are equitable to the 
insured persons and to the policyholder, but nothing herein 
shall be construed to require that group life insurance policies 
contain the same non-forfeiture provisions as are required for 
individual life insurance policies : 

(1) A provision that the policyholder is entitled to a 
grace period of thirty-one days for the payment of any 
premium due except the first, during which grace period the 
death benefit coverage shall continue in force, unless the 
policyholder shall have given the insurer written notice of 
discontinuance in advance of the date of discontinuance and 
in accordance with the terms of the policy. The poHcy may 
provide that the policyholder shall be liable to the insurer for 
the payment of a pro rata premium for the time the policy 
was in force during such grace period. 



1947] Chapter 175 219 

(2) A provision that the vahdity of the poHcy shall not 
be contested, except for nonpayment of premiums, after it 
has been in force for two years from its date of issue; and 
that no statement made by any person insured under the 
policy relating- to his insurability shall be used in contesting 
the validity of the insurance with respect to which such state- 
ment was made after such insurance has been in force prior 
to the contest for a period of two years during such person's 
lifetime nor unless it is contained in a written instrument 
signed by him. 

(3) A provision that a copy of the application, if any, 
of the policyholder shall be attached to the policy when issued, 
that all statements made by the policyholder or by the 
persons insured shall be deemed representations and not 
warranties, and that no statement made by any person in- 
sured shall be used in any contest unless a copy of the in- 
strument containing the statement is or has been furnished 
to such person or to his beneficiary. 

(4) A provision setting- forth the conditions, if any, 
under which the insurer reserves the right to require a per- 
son eligible for insurance to furnish evidence of individual in- 
surability satisfactory to the insurer as a condition to part 
or all of his coverage. 

(5) A provision specifying an equitable adjustment of 
premiums or of benefits or of both to be made in the event 
the age of a person insured has been misstated, such provision 
to contain a clear statement of the method of adjustment to 
be used. 

(6) A provision that any sum becoming- due by reason 
of the death of the person insured shall be payable to the 
beneficiary designated by the person insured, subject to the 
provisions of the policy in the event there is no designated 
beneficiary as to all or any part of such sum living at the 
death of the person insured, and subject to any right reserved 
by the insurer in the policy and set forth in the certificate to 
pay at its option a part of such sum not exceeding two hun- 
dred fifty dollars to any person appearing to the insurer to 
be equitably entitled thereto by reason of having incurred 
funeral or other expenses incident to the last illness or death 
of the person insured. 

(7) A provision that the insurer will issue to the policy- 



220 Chapter 175 [1947 

holder for delivery to each person insured an individual certifi- 
cate setting forth a statement as to the insurance protection to 
which he is entitled, to whom the insurance benefits are pay- 
able, and the rights and conditions set forth in (8), (9) and 
(10) following. 

(8) A provision that if the insurance, or any portion of 
it, on a person covered under the policy ceases because of 
termination of employment or of membership in the class or 
classes eligible for coverage under the policy, such person 
shall be entitled to have issued to him by the insurer, with- 
out evidence of insurability, an individual policy of life in- 
surance without disability or other supplementary benefits, 
provided application for the individual policy shall be made, 
and the first premium paid to the insurer, within thirty-one 
days after such termination, and provided further that, (a) 
the individual policy shall, at the option of such person, be 
on any one of the forms, except term insurance, then cus- 
tomarily issued by the insurer at the age and for the amount 
applied for; (b) the individual pohcy shall be in an amount 
not in excess of the amount of life insurance which ceases 
because of such termination, provided that any amount of 
insurance which shall have matured on or before the date of 
such termination as an endowment payable to the person in- 
sured, whether in one sum or in installments or in the form 
of an annuity, shall not, for the purposes of this provision, be 
included in the amount which is considered to cease because 
of such termination; and (c) the premium on the individual 
policy shall be at the insurer's then customary rate applicable 
to the form and amount of the individual policy, to the class 
of risk to which such person then belongs, and to his age 
attained on the efi'ective date of the individual policy. 

(9) A provision that if the group policy terminates or 
is amended so as to terminate the insurance of any class of in- 
sured persons, every person insured thereunder at the d^te 
of such termination whose insurance terminates and who has 
been so insured for at least five years prior to such termi- 
nation date shall be entitled to have issued to him by the in- 
surer an individual pohcy of life insurance, subject to the 
same conditions and limitations as are provided by (8) above, 
except that the group policy may provide that the amount of 
such individual policy shall not exceed the smaller of (a) the 



1947] Chapter 175 221 

amount of the person's life insurance protection ceasing be- 
cause of the termination or amendment of the group policy, 
less the amount of any life insurance for which he is or be- 
comes eligible under any group policy issued or reinstated by 
the same or another insurer within thirty-one days after such 
termination, and (b) two thousand dollars. 

(10) A provision that if a person insured under the 
group policy dies during the period within which he would 
have been entitled to have an individual policy issued to him 
in accordance with (8) or (9) above and before such an in- 
dividual policy shall have become effective, the amount of 
life insurance which he would have been entitled to have 
issued to him under such individual policy shall be payable 
as a claim under the group policy, whether or not application 
for the individual policy or the payment of the first premium 
therefor has been made. 

2. Life Insurance Companies. Amend section 40, chap- 
ter 323 of the Revised Laws by striking out said section and 
mserting in place thereof the following: 40. Exceptions. 
The two preceding sections shall not prevent any company 
from paying to another insurance company or to any person 
who is a duly authorized agent or broker, or prevent an in- 
surance company or such a person from receiving, a commis- 
sion in respect to any policy under which it or he is insured; 
nor prohibit any company issuing non-participating life in- 
surance from paying bonuses to policyholders or otherwise 
abating their premiums in whole or in part out of surplus 
accumulated from non-participating insurance; nor prohibit 
any company transacting industrial insurance on the weekly 
payment plan from returning to policyholders, who have made 
premium payments for a period of at least one year directly 
to the company at its home or district offices, a percentage of 
the premium which the company would have paid for the 
weekly collection of such premiums. 

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

[Approved June 10, 1947.] 



222 Chapter 176 ![1947 

CHAPTER 176. 

AN ACT RELATING TO COURT STENOGRAPHERS. 

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

1. Court Stenographers. Amend section 26 of chapter 395 
of the Revised Laws by striking out the same and inserting 
in place thereof the following: 26. Appointment. The 
superior court may appoint not more than six official state 
court stenographers who shall report the proceedings of the 
superior court of any county to which they may from time 
to time be assigned by said court. Each court stenographer 
shall be sworn to the faithful discharge of his duties and shall 
receive from the state an annual salary of three thousand 
dollars. He shall take full notes of all oral testimony and 
other proceedings in the trial of causes either at law or in 
equity including the charge of the justice in all trials before 
a jury and all comments and rulings of said justice in the 
presence of the jury during the progress of the trial as well 
as all statements and arguments of counsel addressed to the 
court, and during the trial shall furnish for the use of the 
court or either of the parties a transcript of so much of his 
notes as the presiding justice may direct. He shall also 
furnish a transcript of so much of the evidence and other pro- 
ceedings taken by him as either party to the trial may re- 
quire, on payment therefor by such party at the rate fixed by 
the court as proviided in section 29. 

2. Duties. Amend section 27 of said chapter 395 by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 27. Transcripts After Trial. A court stenographer 
shall make for the use of the court and parties, after any trial, 
whenever ordered by the court, a true report of all proceed- 
ings, and the court may order the original notes to be filed. 
Upon request of either party, the original stenographic notes, 
and a duly certified copy of them written out in full, shall, as 
soon as practicable, be placed on file. 

3. State Salaries. Amend section 28 of said chapter 395, 
as amended by chapter 193, Laws of 1945, by striking out said 
section and inserting in place thereof the following: 28. 
Reimbursement. The state shall be reimbursed by the several 
counties for the total amount paid as annual salaries for the 



1947] Chapter 177 223 

state court stenographers. The apportionment of said 
salaries between the counties shall be made by the superior 
court on the basis of the use of such stenographic services in 
each county. Such apportionment shall become effective on 
July first of each year and the county treasurer of each 
county, on order of the superior court, shall forthwith forward 
to the state treasurer the amount due from said county as 
so fixed by said court. All court stenographers appointed 
under the provisions of section 26 shall be reimbursed for 
their actual expenses when away from their homes engaged 
in court work and said expenses shall be paid directly by the 
county on order of the superior court. Supplies for the use of 
said stenographers in the business of the court shall be 
furnished by the clerks of court and paid for by the respective 
counties. 

4. Additional. Amend section 30 of said chapter 395 by 
striking out said section and inserting in place thereof the 
following: 30. Stenographic Hire. The superior court may 
employ such additional stenographic assistance as it may re- 
quire and stenographers so employed shall be allowed twelve 
dollars and fifty cents per day and shall be reimbursed for 
their actual expenses when away from home. 

5. Classification. The state classification plan shall not 
apply to the state court stenographers as provided under sec- 
tion 26, chapter 395 of the Revised Laws. 

6. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved June 10, 1947.] 



CHAPTER 177. 



AN ACT RELATIVE TO DEALERS IN TRAILERS, SEMI-TRAILERS AND 
TRACTORS. 

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

1. Definitions under Motor Vehicle Laws. Amend para- 
graph V of section 1 of chapter 115, Revised Laws, by strik- 
ing out said paragraph and inserting in place thereof the 
following: V. "Dealer," every person principally engaged 



224 Chapter 177 i[1947 

in the business of buying, selling, or exchanging new and 
secondhand motor vehicles, trailers, semi-trailers, or tractors 
on commission or otherwise, who maintains a place of busi- 
ness devoted exclusively to the motor vehicle, trailer, semi- 
trailer, or tractor business and who holds a written contract 
with a manufacturer giving such persons selling rights for 
new motor vehicles, trailers, semi-trailers, or tractors or with 
a distributor of such vehicles who as such distributor holds a 
manufacturer's franchise or contract giving selling rights on 
new motor vehicles, trailers, semi-trailers, or tractors, and 
every person principally engaged in the business of buying, 
selling, and exchanging secondhand motor vehicles, trail- 
ers, semi-trailers, or tractors and maintaining a place of 
business devoted exclusively to the motor vehicle, trailer, 
semi-trailer, or tractor business in which the repair of motor 
vehicles, trailers, semi-trailers, or tractors is subordmate or 
incidental to the business of buying, selling, and exchanging 
the same, and every person principally engaged in the busi- 
ness of buying promissory notes secured by mortgage, con- 
ditional sale contract, or lease upon motor vehicles, trailers, 
semi-trailers, or tractors. 

2. Registration. Amend section 46 of chapter 116, 
Revised Laws, by adding at the end of the section the words, 
trailers, semi-trailers, and tractors, so that said section as 
amended shall read as follows: 46. Applica,tion. A manu- 
facturer or dealer may make application to the commissioner, 
upon blanks furnished by him for that purpose, for a general 
distinguishing number for his motor vehicles, trailers, semi- 
trailers, and tractors. 

3. Trailers and Tractors. Amend section 47 of chapter 
116, Revised laws, by striking out said section and inserting 
in place thereof the following : 47. Registration. The com- 
missioner may, if he is satisfied of the facts stated in such 
application, grant the same and issue to the applicant a cer- 
tificate of registration containing the name, residence, and 
address of such applicant and the general distinguishing num- 
ber assigned and such other provisions as the commissioner 
may determine. All motor vehicles, trailers, semi-trailers, 
and tractors owned by such manufacturer or dealer shall, 
while so owned, be regarded as registered under such dis- 
tinguishing number. 



1947] Chapter 177 225 

4. Operation. Amend section 51 of chapter 116, Revised 
Laws, by striking out the said section and inserting in place 
thereof the following: 51. Temporary Plates. A manu- 
facturer or dealer shall, upon the sale or exchange of a motor 
vehicle, trailer, semi-trailer, or tractor, attach to such motor 
vehicle, trailer, semi-trailer, or tractor a set of temporary 
number plates, and the purchaser of such motor vehicle, trailer, 
semi-trailer, or tractor may operate the same for a period not 
to exceed five consecutive days thereafter without payment 
of a registration fee. 

5. Commissioner of Motor Vehicles. Amend section 52 of 
chapter 116, Revised Laws, by adding after the words "motor 
vehicle" the words, trailer, semi-trailer, or tractor, so that 
the same as amended shall read as follows: 52. Notice of 
Sale. A manufacturer or dealer shall, upon attaching a set 
of temporary number plates to a motor vehicle, trailer, semi- 
trailer, or tractor sold or exchanged by him immediately 
notify the commissioner of said sale or exchange, giving the 
name and address of the purchaser, the number on the tempo- 
rary plate, and such further information as the commissioner 
may require. 

6. Pleasure Purposes. Amend section 53 of chapter 116, 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 53. Use of Motor Vehicles, 
Trailers, Semi-Trailers, and Tractors. A dealer may use his 
motor vehicles, trailers, semi-trailers, or tractors registered 
under his dealer's registration, except motor vehicles, trailers, 
semi-trailers, or tractors designed for transportation of 
freight or merchandise, for his pleasure purposes, but shall 
not rent or otherwise use or permit to be used motor vehicles, 
trailers, semi-trailers, or tractors so registered, except for 
demonstration purposes or service in connection with his 
motor vehicle, trailer, semi-trailer, or tractor business. 

7. Fees. Amend section 1, paragraph VIII, of chapter 118, 
Revised Laws, by striking out said paragraph and inserting 
in place thereof the following: VIII. For motor vehicles, 
trailers, semi-trailers, or tractors owned by or under the con- 
trol of a manufacturer of or dealer in motor vehicles, trailers, 
semi-trailers, or tractors, fifty dollars. 

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

[Approved June 10, 1947.] 



226 Chapter 178 11947 

CHAPTER 178. 

AN ACT RELATIVE TO RESCINDING APPROPRIATIONS MADE AT 
PRECEDING SCHOOL MEETINGS. 

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

1. School District Meetings. Amend section 3 of chapter 
139 of the Revised Laws by striking out all preceding the word 
"nor" in the third line and inserting in place thereof the 
words, no school district at any special meeting shall raise or 
appropriate money nor reduce or rescind any appropriation 
made at a previous meeting, unless the vote thereon is by 
ballot, so that said section as amended shall read as follows: 
3. Raising Money at Special Meeting. No school district at 
any special meeting shall raise or appropriate money nor re- 
duce or rescind any appropriation made at a previous meet- 
ing, unless the vote thereon is by ballot, nor unless the ballots 
cast at such meeting shall be equal in number to at least one- 
half of the number of voters of such district entitled to vote 
at the regular meeting next preceding such special meeting; 
and, if a check-Hst was used at the last preceding regular 
meeting, the same shall be used to ascertain the number of 
legal voters in said district; and such check-list, corrected 
according to law, may be used at such special meeting upon 
request of ten legal voters of the district. In case an emer- 
gency arises requiring an immediate expenditure of money, the 
school board may petition the superior court for permission 
to hold a special district meeting, which, if granted, shall give 
said district meeting the same authority as an annual district 
meeting. 

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

[Approved June 10, 1947.] 



1947] Chapters 179, 180 227 

CHAPTER 179.* 

AN ACT RELATIVE TO COMPENSATION OF SPECIAL JUSTICES OF 
THE MUNICIPAL COURTS OF MANCHESTER AND NASHUA. 

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

1. Municipal Courts. Amend section 4, chapter 377 of the 
Revised Laws by striking out the word "eight" the first time 
it occurs in the seventh line and inserting in place thereof the 
word, eighteen, and by striking out the word "eight" where 
it occurs in said seventh line for the second time and insert- 
ing in place thereof the word, fifteen, so that said section as 
amended shall read as follows: 4. Compensation of Special 
Justices. The special justice and justice of the peace re- 
quested to sit owing to the disqualification of the justice and 
special justice shall be paid, from the treasury of the city or 
town wherein said court is located, three dollars a day for 
each day or part thereof that he shall serve in said capacity; 
provided, that the annual salaries of the special justices of 
the municipal courts of the following cities and towns shall be 
as follows, of Manchester eighteen hundred dollars, of Nashua 
fifteen hundred dollars, of Concord five hundred dollars, and 
of Hampton one hundred and fifty dollars, to be paid by said 
cities and town, respectively, quarterly, and shall be in lieu of 
any other compensation or fees to such justices. 

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

[Approved June 10, 1947.] 



CHAPTER 180. 

AN ACT RELATING TO THE SALARIES OF THE JUDGES OF PROBATE 
AND THE REGISTERS OF PROBATE IN THE SEVERAL COUNTIES. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Judges of Probate. Amend section 22 of chapter 346 

of the Revised Laws by striking out said section and inserting 

in place thereof the following: 22. Salaries. The annual 



* See chapter 260, post. 



228 Chapter 181 [1947 

salaries of the judges in the several counties shall be paid by 
the state, and shall be as follows: 

In Rockingham county, two thousand six hundred dollars. 

In Strafford county, two thousand four hundred dollars. 

In Belknap county, two thousand dollars. 

In Carroll county, two thousand dollars. 

In Merrimack county, two thousand six hundred dollars. 

In Hillsborough county, three thousand three hundred 
dollars. 

In Cheshire county, two thousand dollars. 

In Sullivan county, two thousand dollars. 

In Grafton county, two thousand four hundred dollars. 

In Coos county, two thousand dollars. 

2. Registers oi Probate. Amend section 19 of chapter 347 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 19. Salaries. The annual 
salaries of the registers of probate in the several counties 
shall be paid by the state, and shall be as follows: 

In Rockingham county, two thousand six hundred dollars. 

In Strafford county, two thousand four hundred dollars. 

In Belknap county, two thousand dollars. 

In Carroll county, two thousand dollars. 

In Merrimack county, two thousand six hundred dollars. 

In Hillsborough county, two thousand six hundred dollars. 

In Cheshire county, two thousand dollars. 

In Sullivan county, two thousand dollars. 

In Grafton county, two thousand six hundred dollars. 

In Coos county, two thousand dollars. 

3. Takes Effect. This act shall take effect July 1, 1947. 
[Approved June 10, 1947.] 



CHAPTER 181. 

AN ACT RELATIVE TO REQUIRED EQUIPMENT FOR MOTOR 

VEHICLES AND THE USE OF SO-CALLED STICKERS ON 

WINDSHIELDS. 

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 inserting after section 12 the following new sections: 



1947] Chapter 182 229 

12-a. Windshields. Every motor vehicle shall be equipped 
with a windshield wiper, so-called, for cleaning rain, ice, snow 
or other moisture from its windshield, and every motor 
vehicle manufactured after January 1, 1947, shall, in addition 
to such windshield wiper, be also equipped with a defroster, 
so-called, designed for melting snow and ice from the wind- 
shield. Such devices shall at all times be maintained in good 
working condition. 12-b. Prohibition. No person shall 
operate upon any way any motor vehicle with any sign, poster, 
sticker or other nontransparent material upon the front wind- 
shield, side wings, or side or rear windows of such vehicle 
which shall obstruct the operator's clear view of the highway 
or any intersecting highway, unless authorized by the commis- 
sioner so to do. 

2. Takes Effect. This act shall take effect April 1, 1948. 

[Approved June 10, 1947.] 



CHAPTER 182. 

AN ACT RELATING TO THE POWERS OF INSURANCE COMPANIES. 

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

1. Purposes. Amend paragraph VI of section 1 of chapter 
322 of the Revised Laws by striking out said paragraph and 
inserting in place thereof the following: VI. On property 
and rents and use and occupancy, against loss or damage and 
against liability of the insured therefor from explosions of 
steam boilers, tanks, and engines, their connections and 
machinery connected therewith, and breakage of flywheels and 
machinery and glass, and to make inspections thereof; and 
against loss of or damage to any property resulting from 
burglary, theft, larceny, robbery, forgery, fraud, vandalism, 
malicious michief, confiscation or wrongful conversion, dis- 
posal or concealment by any person or persons, or from any 
attempt at any of the foregoing and against loss or damage 
from collision and against loss or damage from breakage of 
glass. 

2. Powers of Mutuals. Amend section 3 of chapter 322 of 
the Revised Laws by striking out the worcls "except that a 



230 Chapter 182 [1947 

corporation formed to do business specified in paragraph VII 
of section 1 shall have a capital stock" so that said section as 
amended shall read as follows: 3. Capital Stock. Such a 
corporation may have a capital stock or may do business on 
the mutual plan. 

3. Capital Requirements. Amend section 4 of chapter 322 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 4. Capital. All stock com- 
panies organized under the provisions of this chapter shall 
have a paid-up capital of at least two hundred thousand 
dollars. 

4. Authority to Combine. Amend section 5 of chapter 322 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 5. Combinations of Business. 
Articles of agreement of such a stock or mutual company may 
provide for the transaction of any combinations of two or 
more kinds of insurance authorized by section 1 except that 
specified by paragraph III of said section which may only be 
combined with insurance specified in paragraph IV or V, or 
both. The articles of agreement of a mutual company issuing 
assessable policies may not provide for the transaction of any 
but the following combinations of business: that specified in 
paragraph I of section 1 with that specified in paragraph II; 
that specified in paragraphs III, IV, and V or any two of said 
paragraphs; that specified in paragraphs IV, V, VI, and VII 
or in any two or more of said paragraphs, unless such com- 
pany shall have and maintain a policyholders' surplus of at 
least one hundred thousand dollars. 

5. Foreign Stock Companies. Amend section 2 of chapter 
325 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 2. Stock Company. 
No such stock insurance company shall be licensed to do busi- 
ness in the state unless it shall possess a paid-up capital of 
two hundred thousand dollars, invested in securities readily 
convertible into cash, one-half at least of which are not loans 
secured by real estate ; nor unless it shall possess, in addition 
to such capital, assets equal in amount to all its outstanding 
liabilities, estimating fifty per cent of premiums received on 
unexpired fire risks running one year or less from date of 
policy, and a pro rata amount of all premiums received on un- 
expired risks running more than one year from date of policy, 
and on marine risks fifty per cent of the amount of premiums 



1947] Chapter 183 231 

written on policies upon yearly risks, and upon risks covering 
more than one passage not terminated, and the full amount 
of premiums written on policies of all other marine risks not 
terminated as a liability. 

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

[Approved June 10, 1947.] 



CHAPTER 183. 



AN ACT RELATING TO THE POLLUTION OF WATERS AND THE 
DISPOSAL OF SEWAGE, INDUSTRIAL AND OTHER WASTES. 

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

1. Water Pollution. Amend the Revised Laws by adding 
after chapter 166 the following new chapter: 

Chapter 166-A 

Water Pollution and Disposal of Wastes. 

1. Definitions. As used herein the following terms, un- 
less the context clearly indicates otherwise, shall have the 
following meanings: 

I. "Sewage" means the water-carried waste products 
from buildings, public or private, together with such ground 
water infiltration and surface water as may be present. 

II. "Industrial waste" means any liquid, gaseous or solid 
waste substance resulting from any process of industry, manu- 
facturing trade or business or from development of any 
natural resources. 

III. "Other wastes" means garbage, municipal refuse, 
decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, 
tar, chemicals and other substances other than sewage or in- 
dustrial wastes, and any other substance harmful to human, 
animal, fish or aquatic life. 

IV. "Waste" means industrial waste and other wastes. 

V. "Surface waters of the state" means streams, lakes, 
ponds and tidal waters within the jurisdiction of the state, in- 
cluding all streams, lakes, or ponds bordering on the state, 



232 Chapter 183 [1947 

marshes, water courses and other bodies of water, natural or 
artificial. 

VI. "Commission" means the New Hampshire water 
pollution commission hereinafter established. 

VII. "Person" means any municipality, governmental 
subdivision, public or private corporation, individual, partner- 
ship or other entity. 

2. Water Pollution Commission Established. 

I. There is hereby created a commission to be known 
as the New Hampshire Water Pollution Commission which 
shall consist of one member to be appointed by the governor 
with the consent of the council for a term of six years, who 
shall act as chairman of said commission; the state health 
oflicer; the director of the fish and game department; the 
director of the division of recreation of the forestry and rec- 
reation department; the executive director of the planning 
and development commission; one of the commissioners of 
the public service commission to be named by the governor 
with the consent of the council; the chairman of water re- 
sources board; three members-at-large, two of whom shall 
represent the industrial interests of the state and the other 
an employee of any municipal or private water works of the 
state. The director of the division of sanitary engineering 
of the state department of health shall act as technical secre- 
tary without voting powers or privileges. The members-at- 
large shall be appointed by the governor with the consent of 
the council, and each shall hold ofiice for a term of six years 
and until his successor shall be appointed and qualified; pro- 
vided that the original appointments shall be one for a term 
of two years, one for a term of four years and one for a term 
of six years. The members-at-large shall receive no com- 
pensation for their services but shall receive necessary travel- 
ing and other expenses while engaged in actual work of the 
commission. The other members of the commission shall re- 
ceive no additional compensation for their services as mem- 
bers of this commission other than their regular salaries or 
per diem expenses from their respective state departments, 
but shall receive their necessary traveling and other expenses 
while engaged in actual work of the commission, which said 
expenses shall be paid from the appropriations of this com- 



1947J Chapter 183 233 

II. The technical secretary shall make inspections and 
investigations or arrange for the conduct of such by employees 
of the commission, and may request assistance from any other 
state agency as may be necessary to carry out the provisions 
of this chapter within the limits of the appropriations made 
for this purpose. The said secretary shall, under the direction 
of the commission, administer the provisions hereof. 

III. The commission shall meet quarterly each year. 
Other special meetings may be held at any time and place as 
agreed upon by the commission or upon the call of the chair- 
man, or any four members of the commission, to take up any 
matter within its jurisdiction. Five members shall constitute 
a quorum. 

3. Standards for Classification of Surface Waters of 
the State. For purposes of classification there shall be four 
classes or grades of surface waters as follows : 

I. Class A waters shall be of the highest quality and 
shall contain not more than fifty coliform bacteria per one 
hundred milliliters. There shall be no discharge of any sew- 
age or wastes into waters of this classification. The waters 
of this classification shall be considered as being potentially 
acceptable for water supply uses after disinfection. 

II. Class B waters shall be of the second highest quahty 
and shall be divided into two parts as follows: (a) Class B-1 
waters shall have no objectionable physical characteristics, 
shall be near saturation for dissolved oxygen, and shall con- 
tain not more than two hundred forty coliform bacteria per 
one hundred milliliters. There shall be no disposal of sewage 
into waters of Class B-1 except those discharged from a 
sewage treatment plant, which shall contain both adequate 
primary and secondary treatment followed by adequate dis- 
infection nor shall there be any disposal of industrial waste 
into said waters except those which will not lower the 
physical, chemical or bacteriological characteristics below 
those given above, and shall not be inimical to fish life or to 
the maintenance of fish life in said receiving waters. The 
waters of this classification shall be considered as being 
acceptable for bathing and other recreational purposes and, 
after adequate treatment, for use as water supplies, (b) 
Class B-2 waters shall have no objectionable physical char- 
acteristics, shall be near saturation for dissolved oxygen, and 



234 Chapter 183 [1947 

shall contain not more than one thousand coliform bacteria 
per one hundred milliliters. The waters of this classification 
shall be considered as being acceptable for recreational boat- 
ing, fishing and for industrial purposes, and, after adequate 
treatment, for use as water supplies. 

III. Class C waters shall be of the third highest quality 
and shall be free from slick, odors, and surface-floating solids 
of unreasonable kind or quantity, shall contain not less than 
five parts per million of dissolved oxygen; shall have a 
hydrogen ion concentration within the range of pH 5.0 to 8.5 ; 
and shall be free from chemicals and other materials and con- 
ditions inimical to fish life or the maintenance of fish life. 
The waters of this classification shall be considered as being 
acceptable for recreational boating, fishing or for industrial 
water supply uses either with or without treatment depending 
upon individual requirements. 

IV. Class D waters shall be the lowest classification and 
shall be free from slick, odors and surface-floating solids of 
unreasonable kind, quantity or duration, taking into consider- 
ation the necessities of the industries involved, and shall con- 
tain dissolved oxygen at all times. The waters of this classi- 
fication shall be considered as being devoted primarily to the 
transportation of sewage or industrial wastes, or both, with- 
out nuisance. 

V. All tests and sampling for the purposes of ex- 
amination of waters shall be performed and carried out in a 
reasonable manner and whenever practicable, in accordance 
with the current edition of the Standard Methods for the 
Examination of Water and Sewage as published jointly by 
the American Public Health Association and the American 
Water Works Association. Near saturation for dissolved 
oxygen shall mean a dissolved oxygen content of at least 
seventy-five percentum of saturation. The waters in each 
classification shall satisfy all the provisions of all lower classi- 
fications. 

4. Duties of the Commission. It shall be the duty of 
the commission and it shall have power and authority : 

I. To exercise general supervision over the administra- 
tion and enforcement of this chapter. 

II. To study and investigate all problems connected with 
the pollution of the surface waters of the state. 



1947] Chapter 183 235 

III. To conduct scientific experiments, investigations 
and research to discover economical and practical methods 
for the elimination, disposal or treatment of industrial wastes 
to control pollution of the surface waters of the state. To 
cooperate with any other public or private agency in the con- 
duct of such experiments, investigations and research. In 
order to utilize fully the facilities of the state, it shall be the 
duty of all other state agencies to cooperate and render such 
assistance as may be necessary to carry out the provisions of 
this chapter. 

IV. To do all necessary work relative to the establish- 
ment of a proper and reasonable classification according to 
the manner prescribed in section 5. 

V. To require the filing with the commission of plans 
and specifications of the installation of systems and devices 
for handling, treating, or disposing of sewage, industrial and 
other wastes, at least thirty days prior to the beginning of 
construction. 

VI. To investigate and approve the applications of those 
municipalities, industries or other persons of the state as may 
request state or federal aid that may at any time be made 
available in the interest of pollution control. To this end the 
commission shall be the state agency designated to receive or 
to make agreements on behalf of the state for any federal or 
other moneys as may be allotted for such purposes. 

VII. To confer with responsible authorities of other 
states relative to methods, means and measures to be em- 
ployed to control pollution of interstate streams and other 
waters, and to submit to the legislature recommendations 
relative to the adoption of interstate compacts pertaining to 
pollution or its control on all said waters. After said compacts 
and agreements have been concluded by the necessary legisla- 
tive and congressional action, the commission shall carry out 
said agreements or compacts by appropriate orders provided 
for in either the compacts or the provisions of this chapter. 

VIII. To employ with approval of the governor and 
council such assistance as may be necessary and to establish, 
equip and operate suitable laboratories and other facilities to 
carry out the provisions hereof. 

5. Classification Procedure. The commission shall 
follow the procedures hereinafter provided and recommend to 



236 Chapter 183 i[1947 

the legislature a classification for all streams, lakes, ponds, and 
tidal waters or section thereof. 

I. A notice setting forth the contemplated classification 
of any stream, lake, pond, tidal water or section thereof, shall 
be published for three successive weeks in a newspaper cir- 
culated within the county or counties in which the surface 
water in question is situated. The last notice shall be pub- 
lished at least seven days before the hearing date. The notice 
shall stipulate the time and place where a public hearing on 
the contemplated classification shall be held. 

II. A pubhc hearing shall be conducted by at least three 
members of the commission, at which hearing all interested 
parties shall be heard relative to their views on classification 
of the area or areas in question. 

III. Following the hearings the commission shall review 
the pertinent evidence and data presented. 

IV. After such hearing and review of evidence it shall 
determine which classification is for the best interest of the 
public giving consideration to the health, industrial, economic, 
geographical and social factors involved. 

6. Reclassification Procedure. After adoption of a 
classification for any surface water or section thereof by the 
legislature, the commission may, by its own motion, or upon 
the petition of not less than one hundred persons, legal in- 
habitants of the county or counties in which the surface 
water in question is situated, reinvestigate the conditions of 
pollution in said surface water or section thereof by follow- 
ing the procedure above outlined, and may at any time make 
recommendation to the legislature for reclassification. 

7. Enforcement. 

I. After adoption of a given classification for a stream, 
lake, pond, tidal water, or section thereof, the commission 
shall enforce such classification by appropriate action in the 
courts of the state, and it shall be unlawful for any person or 
persons, to dispose of any sewage, industrial, or other wastes, 
either alone or in conjunction with any other person or per- 
sons, in such a manner as will lower the quality of the waters 
of the stream, lake, pond, tidal water, or section thereof be- 
low the minimum requirements of the adopted classification. 

II. If, after adoption of a classification of any stream, 
lake, pond, tidal water, or section thereof, including those 



1947] Chapter 183 237 

classified by section 9, it is found that there is a source or 
sources of pollution, which lowers the quality of the waters in 
question below the minimum requirements of the classification 
so established, the person, or persons responsible for the dis- 
charging of such pollution shall be required to abate such 
pollution, within a time to be fixed by the commission. If 
such pollution be of municipal or industrial origin, the time 
hmit set by the commission for such abatement shall be not 
less than two years, nor more than five years, provided, how- 
ever, for good cause shown, the commission may extend the 
time limit. 

III. In the interim between July 1, 1947, and the classi- 
fication by the legislature of any surface water or section 
thereof, it shall be unlawful for any person, or persons, to dis- 
pose of any sewage or waste into any surface water in excess 
of the maximum quantity, or of a different character, than 
that being discharged during the period of one year prior to 
July 1, 1947, without first obtaining written permission from 
the commission. Such permission shall not be withheld if such 
sewage or waste will not lower the quality of the water below 
the classification which the commission shall recommend for 
adoption in accordance with the provisions of section 5. Any 
municipality or manufacturer desiring to dispose of sewage or 
waste into any surface water in excess of the maximum 
quantity or of a different character than that being dis- 
charged during the period of one year prior to July 1, 1947, 
may apply to the commission and the commission shall pro- 
ceed promptly to establish a recommended classification. 

8. lEmergency. In case the commission finds that an 
emergency has arisen from failure of or casualty to facilities 
for the control of pollution, the commission may, if it finds 
that the best interests of the public will not unduly suffer, 
authorize any person for a reasonable time to discharge sew- 
age or other wastes into surface waters, although such dis- 
charge would have the effect of lowering the quality of such 
waters below the adopted classification. 

9. Public Waters Classified. All lakes and ponds defined 
as public waters of the state by sections 17 and 18, chapter 
182, shall be classified by the passage of this act as not less 
than B-1, as hereinbefore set forth in section 3 relating to 
standards for classification of surface waters of the state, pro- 



238 Chapter 183 [1947 

vided, however, that the commission, upon application made 
prior to July 1, 1949 by any interested person, shall hold a 
hearing in accordance with the provisions of section 5 and if 
it shall find that it is for the best interest of the public that 
such waters or any part thereof should be otherwise classified, 
it shall have the power to do so. 

10. Limitations. Nothing herein shall be construed to 
modify or limit in any way the powers and duties of the state 
board of health under chapter 166 or to interfere with its 
power to select and employ the sanitary engineers or other 
employees of its department. 

11. Investigations and Inspections. Any authorized mem- 
ber or agent of the commission may enter any land or estab- 
lishment for the purpose of collecting information that may be 
necessary to the purposes hereof and no owner of such estab- 
lishment shall refuse to admit any such member or employee. 

12. Review of Orders. The procedure for rehearings 
and appeal shall be that prescribed by chapter 414. 

13. Summons; Oath. The commission shall have power 
to subpoena witnesses and administer oaths in any proceeding 
or examination instituted before or conducted by it, and to 
compel the production of any account books, contracts, 
records, documents, memoranda and papers of any kind 
necessary to the purposes hereof. 

14. Witnesses. Witnesses summoned before the com- 
mission shall be paid the same fee as witnesses summoned to 
appear before the superior court, and such summons issued 
by any justice of the peace shall have the same effect as 
though issued for appearance in court. 

15. Testimonial Privilege. No person shall be excused 
from testifying or from producing any book or paper in any 
investigation or inquiry by or upon any hearing before the 
commission, when ordered to do so by the commission, upon 
the ground that the testimony or evidence, book or document 
required of him may tend to incriminate him or subject him 
to a penalty or forfeiture; but no person shall be prosecuted, 
punished or subjected to any penalty or forfeiture for or on 
account of any act, transaction, matter or thing concerning 
which under oath, after claiming his privilege, he shall by 
order of the commission have testified or produced documen- 
tary evidence. If it can be shown that the testimony or 
evidence required may be harmful to any person or may be 



1947] Chapter 184 239 

used by his competitors, the commission by request shall con- 
duct its hearing in a secret or confidential manner. 

16. Perjury. No person so testifying shall be exempt 
from prosecution or punishment for any perjury committed 
by him in his testimony. 

17. Penalties. Any person who shall violate any of the 
provisions of this chapter or who shall fail, neglect or refuse 
to obey any order of the commission lawfully issued pursuant 
hereto, shall be fined not more than one thousand dollars for 
each day of such violation, failure, neglect or refusal after 
the expiration of any time limit set by the commission. 

18. Separability. If any part of this chapter or appli- 
cation 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 without the invalid 
provision or application, and to this end the provisions of this 
chapter are declared severable. 

2. Repeal. Sections 30 to 34 inclusive of chapter 166 of 
the Revised Laws relative to pollution of waters are hereby 
repealed. 

3. Appropriation. The sum of forty-five thousand seven 
hundred fifty-five dollars for the fiscal year ending June 30, 
1948, and a sum of thirty-seven thousand six hundred ninety 
dollars for the fiscal year ending June 30, 1949 is hereby 
appropriated to carry out provisions of this act. The gover- 
nor is hereby authorized to draw his warrant for said sums 
out of any money in the treasury not otherwise appropriated. 

4. Takes Effect. This act shall take effect as of July 1, 
1947. 

([Approved June 12, 1947.] 



CHAPTER 184. 

AN ACT RELATIVE TO FILING RATES FOR LIABILITY INSURANCE. 

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

1. Furnishing Information. Amend section 7 of chapter 
329 of the Revised Laws by inserting after the word "commis- 
sioner" in the third line the words, individually or in collabo- 



240 Chapter 184 ,[1947 

ration with others, in such form as he may prescribe, and by 
inserting at the end of said section the words : The commis- 
sioner may require such insurer to furnish information to 
support such fihng, so that said section as amended shall read 
as follows: 7. Approval. Every insurance company or 
other insurer, which insures employers against liability for 
compensation under the workmen's compensation law, shall 
file with the insurance commissioner individually or in collabo- 
ration with others, in such form as he may prescribe its classi- 
fication of risks and premium rates, together with basic rates 
and schedule or merit rating, if a system of schedule or merit 
rating be in use, none of which shall take effect until the com- 
missioner shall have approved the same as just and reasonable 
and adequate for the risks to which they respectively apply. 
The commissioner may require such insurer to furnish in- 
formation to support such filing. 

2. Filing. Amend section 13 of chapter 329 by striking 
out the word "may" in the fifth line and inserting in place 
thereof the word shall, so that said section as amended shall 
read as follows : 13. Schedules; Filing of. Every insurance 
company authorized to transact business in this state which 
insures against loss by reason of the liability to pay damages 
to others for damage to property or bodily injury including 
death arising from the operation, maintenance, or use of 
motor vehicles within this state, shall file with the insurance 
commissioner, individually or in collaboration with others, in 
such form as he may prescribe, its classification of risks and 
premium rates applicable thereto, together with a schedule or 
rating to be in use and such other statistical information as 
the commissioner may require. 

3. Repeal. Section 16 of chapter 329 of the Revised Laws 
is hereby repealed. 

4. Classifications. Amend chapter 329 by inserting after 
section 17 the following new section: 17-a. Modification of 
Classifications. Nothing in this chapter shall be taken to 
prohibit as unreasonable or unfairly discriminatory the estab- 
lishment of classifications or modifications of classifications of 
risks based upon size, expense, management, individual ex- 
perience, purpose of insurance, location or dispersion of 
hazard, or any other reasonable consideration, provided such 



1947] Chapter 185 241 

classifications and modifications apply to all risks under the 
same or substantially similar circumstances or conditions. 

5. Agreements. Amend chapter 329 by inserting after 
section 17 the following new section: 17-b. Assigned Risks. 
Agreements may be made among insurers with respect to the 
equitable apportionment among them of insurance which may 
be afforded applicants who are in good faith entitled to but 
who are unable to procure such insurance through ordinary 
methods and such insurers may agree among themselves on 
the use of reasonable rate modifications for such insurance, 
such agreements and rate modifications to be subject to the 
approval of the commissioner. 

6. Review. Amend section 18 of chapter 329 by striking 
out the word "subdivision" in the second line thereof and in- 
serting in place thereof the word chapter, so that said section 
as amended shall read as follows: 18. Rehearings and 
Appeals. Any person whose rights are affected by any order 
or decision of the commissioner under this chapter shall be 
entitled to a rehearing and appeal in accordance with the pro- 
visions of chapter 414. 

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

[Approved June 12, 1947.] 



CHAPTER 185. 

AN ACT RELATING TO THE PAY OF THE NATIONAL GUARD. 

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

1. National Guard. Amend section 60, chapter 143 of the 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 60. Per Diem. For each day's 
service in complete uniform, when ordered out by the governor 
for duty, except for annual inspection, each commissioned 
officer, non-commissioned officer, warrant officer and enlisted 
man of the national guard of New Hampshire shall be paid at 
the same rate, base pay, as officers, warrant officers, non-com- 
missioned officers and enlisted men of corresponding rank and 
grade in the U. S. Army. 



242 Chapters 186, 187 i[1947 

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

[Approved June 12, 1947.] 



CHAPTER 186. 

AN ACT RELATING TO THE OPENING AND CLOSING OF POLLS. 

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

1. Time Polls Open and Close; Towns. Amend section 36 
of chapter 34 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 36. Time 
Polls Open and Close; Towns. At all biennial elections and 
primaries in towns the population of which is less than seven 
hundred according to the last federal census, the polls shall 
be open not less than five consecutive hours, and so much 
longer as shall be necessary to afford every voter present and 
desiring to vote an opportunity to do so, and until the voters 
present shall vote to close the polls. In all other towns the 
polls shall be open not later than ten o'clock in the forenoon, 
and shall be closed not earlier than six o'clock in the evening. 
In all towns the selectmen, in the warrants for the biennial 
elections, and the town clerk, in the notices for primaries, 
shall prescribe and post the hour the polls are to open and the 
hour before which the polls may not close as provided by 
this section. 

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

[Approved June 12, 1947.] 



CHAPTER 187. 

AN ACT RELATIVE TO RECORDING PAYMENTS SUBSEQUENT TO TAX 

SALES. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Collection of Taxes. Amend section 25 of chapter 80 
of the Revised Laws by striking out the whole of said section 



1947] Chapter 187 243 

and inserting in place thereof the following: 25. Notice to 
Mortgagee. The purchaser of any real estate sold by a 
collector of taxes shall, within thirty days from the date of 
such sale, notify all persons holding mortgages upon such 
property as recorded in the office of the register of deeds. 
Such notice shall give the date of the tax sale, the name of 
the delinquent taxpayer, the total amount for which the real 
estate was sold and the amount of costs for notifying the 
mortgagee. As provided in section 30 of this chapter, the 
tax collector shall send a similar notice to the mortgagee 
within fifteen days of the time of payment of any subsequent 
tax thereon by the holder of the tax lien. Any tax sale of 
such encumbered real estate shall be void as against the 
mortgagee and no vaHd tax collector's deed shall pass in de- 
fault of redemption from such sale unless the mortgagee shall 
have been notified in the manner provided in the next section 
of this chapter, but the tax itself and subsequent tax pay- 
ments made upon the property by the lien holder, if recorded 
under the provisions of section 30 of this chapter, shall be 
deemed to be collectible and payment may be enforced by suit 
at law under the provisions of section 43 hereof. 

2. Subsequent Tax. Amend section 30, chapter 80 of the 
Revised Laws, as amended by chapter 55, Laws of 1943, by 
striking out said section and inserting in place thereof the 
following: 30. Record of Payment. The purchaser of land 
at any tax sale may pay to the collector any tax assessed upon 
the land subsequent to that for which it was sold, and the 
collector shall, within fifteen days after such payment, notify 
the register of deeds thereof, giving the date and the amount 
of such payment and the name of the person so paying. In 
said notice the collector shall also give the date of the tax 
sale, the name of the person taxed and a description of the 
property sold, all as given in the report of said sale to the 
registry of deeds. The collector shall at the same time send a 
like notice, by registered mail, to the mortgagee or mort- 
gagees, if there be any. The notice to the register of deeds, 
when recorded, shall constitute an additional lien upon the 
real estate. Any amounts so paid on account of subsequent 
taxes, together with interest thereon at the rate of ten per 
cent per year from date of such payment shall, in addition 
to the purchase price at time of sale, with accrued interest 



244 Chapter 188 [1947 

and costs, be paid by the person making redemption. For 
every such notice sent to the register of deeds the collector 
forwarding the same shall be entitled to a fee of twenty-five 
cents and the register of deeds shall be paid a like fee for 
recording the same. For notice to a mortgagee of such pay- 
ment after sale, the collector shall be entitled to a fee of fifty 
cents and the costs of sending such notice by registered mail. 
The fees and costs of notifying the register of deeds and the 
mortgagee and of recording such notices, if there be any, shall 
be added to the amount of the undischarged lien and shall be 
collectible when redemption is made. 

3. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed and this act shall take effect 
upon its passage. 

[Approved June 12, 1947.] 



CHAPTER 188. 

AN ACT TO PROVIDE FOR THE VERIFICATION OF CHECK-LISTS. 

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

1. Verification of Certain Check-lists. Amend chapter 41 
of the Revised Laws by adding after section 24 the following 
new sections: 

24-a. Verification of Check-lists. On petition of fifty 
registered voters or five per cent of the registered voters in 
any town or ward, or on petition of a majority of the board 
of supervisors or officers under special laws performing like 
duties, hereinafter called the supervisors, filed with the secre- 
tary of state within thirty days after a primary under chap- 
ter 33, Revised Laws, or within thirty days after any biennial 
election, the ballot-law commission shall conduct an investi- 
gation to determine whether or not there should be a revision 
and verification of the check-list of said town or ward to be 
used at primaries under chapter 33, Revised Laws, or at 
biennial elections. At least one public hearing duly adver- 
tised in a newspaper serving said town or city, shall be held 
at such time and place as the commission may determine. In 
the event of an affirmative decision, the commission shall 



1947] Chapter 188 245 

direct the supervisors to revise and verify such check-list. 
Thereupon the supervisors shall revise and verify such check- 
list in the following manner: 

I. Between April 1 and August 1 in the next even num- 
bered year the supervisors shall advertise notice of their 
sessions at least twice in some newspaper of general cir- 
culation in the town or city in question and hold sufficient 
sessions for verification of the check-list as in their opinion 
will enable all eligible voters in said town or ward to appear 
before them during said period and register or reregister as 
the case may be. Whenever a person is reregistered, his 
party designation, if any, on the check-list undergoing re- 
vision shall not be changed except as provided in section 39 
of chapter 33. 

II. Beginning June 1, and not later than sixty days 
thereafter, the supervisors shall review the check-list and 
shall strike therefrom the names of all persons who have not 
registered or reregistered under paragraph I hereof; provided 
that there shall not be stricken from said check-list the name 
of any person duly qualified to vote, unless such person shall, 
not less than thirty days prior to such action, have been noti- 
fied by the supervisors by mail at his last known address of 
his failure to reregister and informed of the procedure to be 
followed in order to reregister and have his name retained on 
said check-list, nor unless such person shall have been given 
a reasonable opportunity to follow said procedure. Provided 
further that if a majority of the supervisors have personal 
knowledge of the voting qualifications of any person who by 
July 30 has failed to reregister hereunder, they may retain 
his name on the revised check-list. 

III. Upon completion of verification of the check-list but 
in no event later than September 1, the supervisors shall file 
with the secretary of state the following certificate : We, the 
supervisors of the check-list (or registrars of voters) of the 

town (or ward ) of , do hereby certify 

that we have verified the check-list of registered voters in 

the town (or ward of the city) of 

as directed by the ballot-law commission. 

IV. In verifying the check-list in accordance with the 
provisions hereof, the supervisors shall not register or re- 
register any person unless he is a duly qualified voter as re- 



246 Chapter 189 [1947 

quired by the provisions of chapters 31 and 32 of the Revised 
Laws. 

V. The supervisors may appoint such temporary assist- 
ant supervisors as may be necessary. As compensation for 
services performed hereunder, the supervisors and assistant 
supervisors shall receive such sums as may be voted by the 
city government or town meeting of the city or town in which 
they serve. 

24-b. Enforcement. The superior court shall have 
jurisdiction in equity to enforce any order of the ballot-law 
commission issued hereunder. 

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

^[Approved June 12, 1947.] 



CHAPTER 189. 



AN ACT RELATING TO UNFAIR PRACTICES IN THE BUSINESS OF 
INSURANCE. 

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

1. Regulation of Unfair Practices. Amend the Revised 
Laws by inserting after chapter 333 the following new 
chapter: 

Chapter 333-A 
Unfair Insurance Trade Practices 

1. Purpose. The purpose of this chapter is to regulate 
trade practices in the business of insurance, in accordance 
with the intent of Congress as expressed in the Act of Con- 
gress of March 9, 1945 (Pubhc Law 15, - 79th Congress), by 
defining or providing for the determination of all such 
practices which constitute in this state unfair methods of 
competition or unfair or deceptive acts or practices and by 
prohibiting the trade practices so defined or determined. 

2. Definitions. 

(a) The term "person" shall mean any individual, 
corporation, association, partnership, reciprocal exchange, 
inter-insurer, Lloyds insurers, fraternal benefit society and 



1947] Chapter 189 247 

any other legal entity, engaged in the business of insurance, 
including agents, brokers, and adjusters. 

(b) "Commissioner" shall mean the commissioner of 
insurance of this state. 

3. Unfair Metliods Prohibited. No person shall engage 
in this state in any trade practice which is defined in this 
chapter or determined pursuant to this chapter as an unfair 
method of competition or an unfair or deceptive act or 
practice in the business of insurance. 

4. Unfair Methods; Acts and Practices Defined. The 
following are hereby defined as unfair methods of competition 
and unfair and deceptive acts and practices in the business of 
insurance : 

(1) Misrepresentations and False Advertising of Policy 
Contracts. Making, issuing, circulating, or causing to be 
made, issued, or circulated, any estimate illustration, circular 
or statement misrepresenting the terms of any poHcy issued 
or to be issued or the benefits or advantages promised thereby, 
or the dividends or share of the surplus to be received thereon, 
or making any false or misleading statement as to the dividends 
or share of surplus previously paid on similar policies, or 
making any misleading representation or any misrepresen- 
tation as to the financial condition of any insurer, or as to the 
legal reserve system upon which any life insurer operates, 
or using any name or title of any policy or class of policies 
misrepresenting the true nature thereof, or making any mis- 
representation to any policyholder insured in any company for 
the purpose of inducing or tending to induce such policyholder 
to lapse, forfeit, or surrender his insurance. 

(2) False Information and Advertising Generally. 
Making, publishing, disseminating, circulating, or placing be- 
fore the public, or causing, directly or indirectly, to be made, 
pubhshed, disseminated, circulated, or placed before the 
public, in a newspaper, magazine or other publication, or in 
the form of a notice, circular, pamphlet, letter or poster, or 
over any radio station, or in any other way, an advertisement, 
announcement or statement containing any assertion, repre- 
sentation or statement with respect to the business of insur- 
ance or with respect to any person in the conduct of his in- 
surance business, which is untrue, deceptive or misleading. 

(3) Defamation. Making, pubhshing, disseminating, or 



248 Chapter 189 l[1947 

circulating, directly or indirectly, or aiding, abetting or en- 
couraging the making, publishing, disseminating or circulat- 
ing of any oral or written statement or any pamphlet, cir- 
cular, article or literature which is false, or maliciously 
critical of or derogatory to the financial condition of an in- 
surer, and which is calculated to injure any person engaged in 
the business of insurance. 

(4) Boycott; Coercion and Intimidation. Entering into 
any agreement to commit or by any concerted action commit- 
ting any act of boycott or individually or by any concerted 
action entering into any agreement to commit or committing 
any act of coercion or intimidation resulting or tending to re- 
sult in unreasonable restraint of, or a monopoly in, the busi- 
ness of insurance. 

(5) False Financial Statements. Filing with any super- 
visory or other public official, or making, publishing, dis- 
seminating, circulating or delivering to any person, or placing 
before the public, or causing directly or indirectly, to be made, 
published, disseminated, circulated, delivered to any person, or 
placed before the public, any false statement of financial con- 
dition of an insurer with intent to deceive. Making any false 
entry in any book, report or statement of any insurer with in- 
tent to deceive any agent or examiner lawfully appointed to 
examine into its condition or into any of its aff'airs, or any 
public official to whom such insurer is required by law to 
report, or who has authority by law to examine into its 
condition or into any of its affairs, or, with like intent, wil- 
fully omitting to make a true entry of any material fact per- 
taining to the business of such insurer in any book, report or 
statement of such insurer. 

(6) Stock Operations and Advisory Board Contracts. 
Issuing or delivering or permitting agents, officers, or em- 
ployees to issue or deliver, agency company stock or other 
capital stock, or benefit certificates or shares in any common- 
law corporation, or securities or any special or advisory board 
contracts or other contracts of any kind promising returns 
and profits as an inducement to insurance. 

(7) Unfair Discrimination. Making or permitting any 
unfair discrimination between individuals of the same class 
and equal expectation of life in the rates charged for any con- 
tract of life insurance or of life annuity or in the dividends 



1947] Chapter 189 249 

or other benefits payable thereon, or in any other of the terms 
and conditions of such contract. 

(8) Rebates, (a) Except as otherwise expressly pro- 
vided by law, knowingly permitting or oflfering to make or 
making any contract of life insurance, life annuity or accident 
and health insurance, or agreement as to such contract other 
than as plainly expressed in the contract issued thereon, or 
paying or allowing, or giving or offering to pay, allow, or give, 
directly or indirectly, as inducement to such insurance, or 
annuity, any rebate of premiums payable on the contract, or 
any special favor or advantage in the dividends or other bene- 
fits thereon, or any valuable consideration or inducement 
whatever not specified in the contract ; or giving, or selling, or 
purchasing or oflfering to give, sell, or purchase as inducement 
to such insurance or annuity or in connection therewith, any 
stocks, bonds, or other securities of any insurance company 
or other corporation, association, or partnership, or any 
dividends or profits accrued thereon, or anything of value 
whatsoever not specified in the contract, (b) Nothing in 
subsection (7) or paragraph (a) of subsection (8) of this 
section shall be construed as including within the definition of 
discrimination or rebates any of the following practices : (i) 
paying bonuses to policyholders or otherwise abating their 
premiums in whole or in part out of surplus accumulated from 
non-participating insurance, provided that any such bonuses 
or abatement of premiums shall be fair and equitable to policy- 
holders and for the best interests of the company and its 
policyholders; (ii) in the case of life insurance policies issued 
on the industrial debit plan making allowance to policyholders 
who have continuously for a specified period made premium 
payments directly to an ofiice of the insurer in an amount 
which fairly represents the saving in collection expense; (iii) 
readjustment of the rate of premium for a group insurance 
policy based on the loss or expense experience thereunder, at 
the end of the first or any subsequent policy year of insurance 
thereunder, which may be made retroactive only for such 
policy year. 

(9) Requiring as a condition precedent to loaning 
money upon the security of any real or personal property, 
that the owner of the property to whom the money is to be 
loaned, negotiate any policy of insurance covering such prop- 



250 Chapter 189 |[1947 

erty through a particular insurance agent or broker or 
brokers, provided, however, that this provision shall not pre- 
vent the exercise by any one so loaning money of the right to 
approve or disapprove of the insurance company selected by 
the borrower to underwrite the insurance. 

(10) Any violation of section 21 of chapter 331 of the 
Revised Laws. 

5. Power of Commissioner. The commissioner shall 
have power to examine and investigate into the affairs of 
every person engaged in the business of insurance in this 
state in order to determine whether such person has been or 
is engaged in any unfair method of competition or any unfair 
or deceptive act or practice. 

6. Notice of Hearing. Whenever the commissioner shall 
have reason to believe that any such person has been engaged 
or is engaging in any unfair method of competition or any un- 
fair or deceptive act or practice defined in section 4, and that 
a proceeding by him in respect thereto would be to the public 
interest, he shall issue and serve upon such person a state- 
ment of the charges and a notice of a hearing thereon to be 
held at a time and place fixed in the notice, which shall not 
be less than fourteen days after the date of the service 
thereof. 

7. Hearing; Witnesses; Production of Books. At the 
time and place fixed for such hearing, such person shall have 
an opportunity to be heard and to show cause why an order 
should not be made by the commissioner requiring such per- 
son to cease and desist from engaging in any method of com- 
petition, act or practice constituting the alleged violation. The 
commissioner upon such hearing may administer oaths, ex- 
amine and cross-examine witnesses, receive oral and docu- 
mentary evidence, and shall have the power to subpoena wit- 
nesses, compel their attendance, and require the production of 
books, papers, records, correspondence, or other documents 
which he deems relevant to the inquiry. The commissioner, 
upon such hearing may, and upon the request of any party 
shall, cause to be made a written record of all the evidence 
offered or introduced and all proceedings had at such hearing. 
Nothing in this chapter contained shall require the observ- 
ance at such hearing of formal rules of pleading or evidence. 

8. Appearances. Upon good cause shown, the commis- 



1947] Chapter 189 251 

sioner may permit any person to intervene, appear and be 
heard at such hearing. 

9. Service. Statements of charges, notices, orders, and 
other processes of the commissioner under this chapter may 
be served by anyone duly authorized by the commissioner, 
either in the manner provided by law for service of process 
in civil actions, or by registering and mailing a copy thereof 
to the person affected by such statement, notice, order, or 
other process at his or its residence or principal office or place 
of business. The verified return by the person so serving 
such statement, notice, order, or other process, setting forth 
the manner of such service, shall be proof of the same, and 
the return postcard receipt for such statement, notice, order, 
or other process, registered and mailed as aforesaid, shall be 
proof of the service of the same. 

10 Cease and Desist Orders. If after such hearing the 
commissioner shall determine that the method of competition 
or the act or practice in question is defined in section 4, and 
that the person complained of has engaged in such method of 
competition, act or practice in violation of this chapter, he 
shall reduce his findings to writing and shall issue and cause 
to be served on the person charged with the violation an order 
requiring such person to cease and desist from engaging in 
such method of competition, act or practice. 

11. Rehearing and Appeal. Any order of the commis- 
sioner directing any person to cease and desist from using any 
method of competition or act or practice shall be subject to 
rehearing and appeal in accordance with the provisions of 
chapter 414. An order of the commissioner to cease and 
desist shall become final (1) upon the expiration of the time 
allowed for filing an appeal, if no such appeal has been duly 
filed within such time; or (2) upon the final decision of the 
court if the court directs that the appeal be dismissed or the 
order vacated in part only. 

12. Procedure as to Undefined Unfair Acts and Practices. 

(a) Whenever the commissioner shall have reason to 
believe that any person engaged in the business of insurance 
is engaging in this state in any method of competition or in 
any act or practice in the conduct of such business which is 
not defined in section 4, and that such method of competition 



252 Chapter 189 ,[1947 

is unfair or that such act or practice is unfair or deceptive, 
and that a proceeding by him in respect thereto would be in 
the public interest, he may, after notice and hearing as pro- 
vided in section 6, make a report in writing in which he shall 
state his findings as to the facts and serve a copy thereof upon 
such person. 

(b) If such report charges a violation of this chapter 
and if such method of competition, act, or practice has not 
been discontinued, the commissioner may, through the 
attorney general of this state, at any time after fourteen days 
after the service of such report cause a petition to be filed in 
the superior court of this state within the district wherein 
the person resides or has his principal place of business, to 
enjoin and restrain such person from engaging in such 
method, act or practice. The court shall have jurisdiction of 
the proceeding and shall have power to make and enter appro- 
priate orders in connection therewith and to issue such writs 
as are ancillary to its jurisdiction or are necessary in its judg- 
ment to prevent injury to the public pendente lite. 

(c) A transcript of the proceedings before the com- 
missioner including all evidence taken and the report and 
findings shall be filed with such petition. If either party shall 
apply to the court for leave to adduce additional evidence and 
shall show, to the satisfaction of the court, that such addi- 
tional evidence is material and there were reasonable grounds 
for the failure to adduce such evidence in the proceeding be- 
fore the commissioner, the court may order such additional 
evidence to be taken before the commissioner and to be ad- 
duced upon the hearing in such manner and upon such terms 
and conditions as to the court may seem proper. The com- 
missioner may modify his findings of the facts or make new 
findings by reason of the additional evidence so taken, and he 
shall file such modified or new findings with the return of such 
additional evidence. 

(d) If the court finds that the method of competition 
complained of is unfair or the act or practice complained of 
is unfair or deceptive, and the proceeding by the commissioner 
with respect to such method of competition, act or practice 
is in the public interest, and the findings of the commissioner 
are supported by the weight of the evidence, it shall issue its 



1947] Chapter 189 253 

order enjoining and restraining the continuance of such 
method of competition, act or practice. 

13. Penalty. Any person who violates a cease and de- 
sist order of the commissioner or an order of the court issued 
under this chapter, after it has become final and while such 
order is in effect, shall forfeit and pay to the state of New 
Hampshire a sum not to exceed five hundred dollars which 
may be recovered in a civil action except that, if such violation 
is found to be wilful the amount of such penalty shall be a 
sum not to exceed five thousand dollars. Nothing herein con- 
tained shall be construed as limiting the court in enforcing 
its own orders. 

14. Procedure Additional. The powers vested in the 
commissioner by this chapter shall be in addition to any other 
powers to enforce any penalties, fines or forfeitures authorized 
by law with respect to the methods, acts and practices hereby 
declared to be unfair or deceptive. 

15. Failure to Obey Subpoena. In case of refusal of any 
person to comply with any subpoena issued hereunder or to 
testify to any matter to which he may be lawfully inter- 
rogated, the superior court of Merrimack County or the 
county where said party resides on application of the com- 
missioner may issue an order requiring such person to comply 
with such subpoena and to testify; and any failure to obey 
such order of the court may be punished by the court as a 
contempt thereof. 

16. Immunity from Prosecution. If any person shall ask 
to be excused from attending and testifying or from producing 
any books, papers, records, correspondence or other documents 
at any hearing on the ground that the testimony or evidence 
required of him may tend to incriminate him or subject him 
to a penalty or forfeiture, and shall notwithstanding be 
directed to give such testimony or produce such evidence, he 
must none the less comply with such direction, but he shall 
not thereafter be prosecuted or subjected to any penalty or 
forfeiture for or on account of any transaction, matter or 
thing concerning which he may testify or produce evidence 
pursuant thereto, and no testimony so given or evidence pro- 
duced shall be received against him upon any criminal action, 
investigation or proceeding, provided, however, that no such 
individual so testifying shall be exempt from prosecution or 



254 Chapter 190 [1947 

punishment for any perjury committed by him while so testi- 
fying and the testimony or evidence so given or produced 
shall be admissible against him upon any criminal action, in- 
vestigation or proceeding concerning such perjury, nor shall 
he be exempt from the refusal, revocation or suspension of 
any license, permission or authority conferred, or to be con- 
ferred, pursuant to the Insurance Law of this state. Any 
such individual may execute, acknowledge and file in the office 
of the commissioner a statement expressly waiving such im- 
munity or privilege in respect to any transaction, matter or 
thing specified in such statement and thereupon the testimony 
of such person or such evidence in relation to such transaction, 
matter or thing may be received or produced before any judge 
or justice, court, tribunal, grand jury or otherwise, and if 
so received or produced such individual shall not be entitled 
to any immunity or privilege on account of any testimony he 
may so give or evidence so produced. 

17. Severability. If any provision of this chapter shall 
be held invalid, the remainder of the chapter shall not be 
affected thereby. 

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

![Approved June 12, 1947.] 



CHAPTER 190. 

AN ACT IN RELATION TO THE CONDUCT OF TAX SALES. 

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

1. Tax Sales. Amend section 22-a of chapter 80 of the 
Revised Laws as inserted by chapter 25 of the Laws of 1945, 
by striking out said section and inserting in place thereof the 
following: 22-a. Sale by Agent. Whenever it shall appear 
to the selectmen or assessors that the collector of taxes, after 
having posted his notices of a tax sale, will be unable to con- 
duct the same at the time and place specified in the notices 
thereof, they shall have the power to appoint one of their 
number to adjourn the sale for not exceeding three days as 
the collector could do, if present. If the incapacitated 
collector has a deputy or deputies who have been duly 



1947] • Chapter 190 255 

appointed by him and bonded, then any such deputy shall 
have authority to postpone the sale in like manner. If, at 
the end of the adjourned period, the tax collector is unable 
to officiate by reason of illness or other unavoidable cause, the 
selectmen or assessors may appoint in writing any duly 
qualified deputy tax collector to conduct the sale and make the 
statutory return to the register of deeds. If there be no 
deputy collector qualified to act, the selectmen or assessors 
may appoint some suitable person to serve as tax sale agent. 
Such appointee shall be sworn to the faithful performance of 
his duty which shall be to conduct the sale, receive all money 
due from the purchasers at the tax sale and to deliver the 
same to the town or city treasurer, taking his receipt there- 
for, and to make report of the sale to the register of deeds 
within fifteen days thereafter. No bond shall be required of 
any person who may be appointed to act as tax sale agent. 
For the proper discharge of his duties the agent shall be en- 
titled to the fees and charges that the collector would have 
received if he had conducted said sale and made report thereof 
to the register of deeds. If said sale is made in a municipality 
wherein all fees and costs accrue to the town or city, then the 
sum to be allowed to the tax sale agent for his services shall 
not be less than the per diem compensation of the tax 
collector, if he be paid upon a salary basis, nor less than he 
would have received if employed upon a commission basis. 
Within twenty-four hours after a tax sale has been made by 
a deputy tax collector or a tax sale agent, the selectmen or 
assessors shall notify the state tax commission in writing, of 
the time and place of said sale, the total amount paid by the 
town or city and by other purchasers, if any, and the name of 
the person conducting such sale. An attested copy of their 
notice to the tax commission shall be delivered by the select- 
men or assessors to the deputy collector or agent making such 
sale. Such person shall thereupon forward said copy of 
notice, together with his report of the tax sale, to the register 
of deeds who shall cause the same to be entered as a part of 
the tax sale record. 

2. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed and this act shall take effect 
upon its passage. 

[Approved June 12, 1947.] 



256 Chapters 191, 192 [1947 

CHAPTER 191. 

AN ACT PROVIDING FOR THE CHANGING OF A CLASS II HIGHWAY 
TO A CLASS V HIGHWAY. 

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

1. Orfordville Road, Orford. On and after the passage of 
this act the Orfordville Road, so-called, extending from Route 
25-A at Orfordville to its junction with Route 25-A east of 
Orfordville, shall be classified as a class V road and no longer 
be deemed to be in the secondary highway system as a class 
11 road. 

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

[Approved June 12, 1947.] 



CHAPTER 192. 

AN ACT RELATING TO THE MUNICIPAL BUDGET LAW. 

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

1. Municipal Budget Law. Amend chapter 52, Revised 
Laws, by inserting after section 3 the following new section: 
3-a. Special Meetings. In case a special meeting shall be 
called in any town, school district or village district operating 
under the provisions of this act, the budget committee shall 
hold a meeting promptly after the posting of the warrant, 
shall consider the proposals looking toward the appropriation 
of money and shall make a written report of their recom- 
mendations thereon, which report shall be read by the modera- 
tor in open meeting prior to consideration of the proposals. 

2. Appropriations. Amend section 4 of said chapter, as 
amended by chapter 80, Laws of 1943, and by section 1, chap- 
ter 159, Laws of 1943, by adding at the end thereof the 
following: In the event that any part of an appropriation is 
to be secured by borrowing, only the amount to be raised 
currently by taxation shall be included as controlling the ten 
per cent increase herein allowable above the total amount 



1947] Chapter 193 257 

specified in the budget for said meeting; so that said section, 
as amended, shall read as follows: 4. Limitation. So long 
as the provisions of this chapter shall remain in force in any 
town the total amount appropriated at any annual meeting 
sliall not exceed by more than ten per cent the total amount 
specified in the budget for said meeting, and no appropriation 
shall be made for any purpose not included in said budget, pro- 
vided, however, that the budget committee may also submit, 
without approval items which they do not wish to recommend 
but which they believe the voters should be allowed to con- 
sider and act upon, either favorably or unfavorably. Money 
may be raised and appropriated for such items, but not to an 
amount which would increase the total appropriations, as 
recommended by the budget committee, by more than the ten 
per cent allowed hereunder. In the event that any part of 
an appropriation is to be secured by borrowing, only the 
amount to be raised currently by taxation shall be included 
as controlling the ten per cent increase herein allowable above 
the total amount specified in the budget for said meeting. 

3. Appropriations. Further amend said chapter 52, Re- 
vised Laws, by inserting after section 4 the following new 
section: 4-a. Limitation; Special Meetings. So long as the 
provisions of this chapter shall remain in force in any town 
no appropriation shall be made at any special meeting for any 
purpose not approved by the budget committee and no in- 
crease of more than ten per cent above the amount approved 
by the budget committee shall be made. 

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

[Approved June 12, 1947.] 



CHAPTER 193. 

AN ACT TO ABOLISH DISCRIMINATORY WAGE RATES BASED ON SEX. 

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

1. Definitions. "Employee" as used herein shall mean any 
person employed for hire by an employer in any lawful em- 
ployment, but shall not include persons engaged in domestic 



258 Chapter 193 ltl947 

service in the home of the employer, or in agricultural service, 
or in temporary or seasonal employment, or employees of 
any social club, fraternal, charitable, educational, religious, 
scientific or literary association, no part of the net earnings 
of which enures to the benefit of any private individual. 

"Employer" shall include any person acting in the inter- 
est of an employer directly or indirectly. 

"Employment" means any employment under contract of 
hire, expressed or implied, written or oral, including all con- 
tracts entered into by helpers and assistants of employees, 
whether paid by employer or employee, if employed with the 
knowledge, actual or constructive, of the employer in which 
all or the greater part of the work is to be performed within 
the state. 

2. Equal Pay. No employer shall discriminate in the pay- 
ment of wages as between the sexes, or shall pay any female 
in his employ salary or wage rates less than the rates paid to 
male employees for equal work or work on the same oper- 
ations. However, nothing in this act shall prohibit a variation 
in rates of pay based upon a difference in seniority, experi- 
ence, training, skill, ability, or difference in duties and services 
performed, either regularly or occasionally, or difference in 
the shift or time of the day worked, or difference in availa- 
bility for other operation, or other reasonable differentiation 
except difference in sex. A variation in rates of pay as be- 
tween the sexes is not prohibited where such variation is pro- 
vided by contract between the employer and the recognized 
bargaining agent of the employees or, in case there is no such 
bargaining agent, where such variation is provided by written 
agreement or contract between the employer and not less than 
five of his employees. 

3. Administration. The labor commissioner shall have the 
power and it shall be his duty to enforce the provisions hereof. 

4. Collection of Unpaid Wages. An employer who violates 
the provisions of section 2 of this act shall be liable to the 
employee or employees affected in the amount of their unpaid 
wages, and in an additional equal amount of liquidated dam- 
ages. Action to recover such Hability may be maintained in 
any court of competent jurisdiction by any one or more em- 
ployees for and in behalf of himself or themselves and other 
employees similarly situated. At the request of any employee 



1947] Chapter 194 259 

paid less than the wage to which she is entitled under this 
act, the labor commissioner may take an assignment of such 
wage claim in trust for the assigning employee and may 
bring any legal action necessary to collect such claim, and the 
liquidated damages above provided for. The commissioner 
shall not be required to pay the entry fee, or other costs, in 
connection with such action. The commissioner shall have 
power to join various claimants against the employer in one 
cause of action. 

5. Penalties. Any employer who violates any provision 
hereof, or who discharges or in any other manner discrimi- 
nates against any employee because such employee has made 
a complaint to his employer, the labor commissioner, or any 
other person, or instituted, or caused to be instituted any pro- 
ceedings under or related to this act, or has testified or is 
about to testify in any such proceeding, shall be fined not 
more than two hundred dollars, or imprisoned not more than 
six months, or both. 

6. Limitation of Actions. Any action to recover unpaid 
wages and liquidated damages based on violation of section 2, 
of this act must be commenced within one year of the accrual 
thereof and not afterwards. 

7. Takes Effect. This act shall take effect on July 1, 1947. 
[Approved June 12, 1947.] 



CHAPTER 194. 



AN ACT RELATING TO THE CONTROL OF NAVIGATION AT RYE 
HARBOR AND THE INLET THERETO. 

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

1. Control of Navigation. Amend chapter 182 of the Re- 
vised Laws by inserting after section 13 the following new 
subdivision : 

Rye Harbor, Harbor Inlet and Little Harbor 
13-a. Harbor Master. The New Hampshire shore and 
beach preservation and development commission shall annually 
choose a harbor master for Rye Harbor in the town of Rye 



260 Chapter 195 [1947 

and a harbor master for Little Harbor and the inlets thereto 
in the town of New Castle. It shall be the duty of said harbor 
masters to preserve and regulate navigation within the re- 
spective waters, to assign moorings, require the same to be 
kept in safe condition, to require the removal of vessels if 
necessity or an emergency arises, and to inquire into and 
prosecute all offenses under section 13-c hereof. For the pur- 
poses hereof the said commission may make such reasonable 
rules and regulations as it shall deem proper. Each harbor 
master shall receive for his services such salary as the town 
of Rye or New Castle respectively may determine, to be paid 
by said town. 

13-b. Defmition. The word "vessel" as used in this sub- 
division shall include boats of all sizes propelled by sail, 
machinery or hand, scows, dredgers, shellfish cars and craft 
of every kind, 

13-c. Penalty. Whoever violates any of the rules and 
regulations of the commission promulgated under the author- 
ity of section 13-a, or refuses or neglects to obey the lawful 
and reasonable orders of the harbor master of Rye Harbor or 
Little Harbor, or resists them in the execution of their duties, 
shall be fined not more than fifty dollars. All fines collected 
under the provisions hereof for violations at Rye Harbor shall 
be forwarded by the court collecting the same to the treasurer 
of the town of Rye, for the use of the town, and all fines 
collected under the provisions hereof for violations at Little 
Harbor shall be forwarded by the court collecting the same 
to the treasurer of the town of New Castle, for the use of the 
town. 

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

[Approved June 13, 1947.] 



CHAPTER 195. 

AN ACT TO PROTECT FREEDOM IN EMPLOYMENT. 

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

1. Employment. Amend section 21 of chapter 212 of the 



1947] Chapter 195 261 

Revised Laws by striking out the text thereof and substi- 
tuting therefor the following: 

21. Freedom in Employment. Every person has the 
right to secure and continue in any employment without dis- 
crimination against him by reason of his membership or non- 
membership in any labor organization or his payment or non- 
payment of money to any labor organization. No person, firm 
or corporation shall interfere with the exercise of the said 
right. No person, firm or corporation shall make, or agree to 
make membership or non-membership in a labor organization 
or payment or non-payment of money to a labor organization 
a condition of employing or continuing the employment of 
any person. No person, firm or corporation shall attempt to 
induce any person, firm or corporation to violate any of the 
preceding provisions of this section. Any act or agreement, 
written or oral, in violation of the foregoing provisions of 
this section shall be unlawful. Any person, firm or corpo- 
ration violating or procuring any person to violate any pro- 
vision of this section shall be liable for all damages occasioned 
to any person thereby. The superior court shall have juris- 
diction to issue injunctions, including mandatory injunctions 
to prevent violations of this section, and to protect and pre- 
serve the right stated herein. All hearings upon court orders 
granting or denying an injunction in such matters shall be 
given precedence in the superior and supreme courts over 
other matters pending to the end that an expeditious adjudi- 
cation of the issues may be reached. 

21-a. Exception. Section 21 shall not apply to con- 
tracts negotiated between any person, firm or corporation who 
regularly employs more than five employees and a labor 
organization nor to acts done in accordance with such con- 
tracts provided the following conditions have been satisfied: 

I. Any person, firm or corporation shall not be pro- 
hibited from entering into any contract prohibited by sec- 
tion 21 with a labor organization representing his or its em- 
ployees, where at least two-thirds of such employees voting 
(provided such two-thirds of the employees constitute at least 
a majority of the employees to be covered by such contract) 
shall have voted affirmatively by secret ballot in favor of 
such contract in an election conducted under the supervision 
of the labor commissioner or his representative and in accord- 



262 Chapter 195 i[1947 

ance with such rules and regulations as he may prescribe. 
Such authorization of such a contract shall be deemed to con- 
tinue thereafter, subject to the right of either party to such 
contract, not more frequently than at intervals of two years, 
to request the labor commissioner in writing to conduct a 
new election upon the subject. Upon receipt of such request 
by either party to the contract, the labor commissioner shall 
determine whether there is reasonable ground to believe that 
there exists a change in the attitude of the employees con- 
cerned toward such contract since the prior election, and upon 
so finding the commissioner shall conduct a new election. If 
the continuance of such contract is supported on any such 
election by a vote at least equal to that hereinabove provided 
for its initial authorization, it may be continued in force and 
effect thereafter, subject to the right to request a further 
vote by the procedure hereinabove set forth. If the continu- 
ance of such contract is not thus supported on any such 
election, it shall be deemed terminated at the termination of 
the contract of which it is then a part or at the end of one 
year from the date of the election, whichever proves to be the 
earlier date. 

II. Whenever any labor organization desires to negotiate 
or renew any contract prohibited by section 21, it shall within 
thirty days prior to the commencement of its negotiations 
therefor, satisfy the labor commissioner that its initiation or 
other entrance fees and its dues are not unduly burdensome 
on present or prospective employees. Initation or other en- 
trance fees exceeding the total amount of twenty-five dollars 
per person shall be deemed unduly burdensome within the 
meaning hereof. Upon being satisfied that the labor organi- 
zation has complied with the conditions of this paragraph, 
the labor commissioner shall certify such fact to the employ- 
ing person, firm or corporation. 

III. Such contract shall contain a clause, which shall be 
as binding on the labor organization as if in its by-laws, pro- 
viding that such labor organization shall impose no dis- 
criminatory qualifications for membership in such organi- 
zation based on race, color, religious creed, sex, age, national 
origin, ancestry or numerical restriction of total membership, 
unless based upon a boTia fide occupational qualification ; and a 
further clause, which shall also be as binding on the labor 



1947] Chapter 195 263 

organization as if in its by-laws, providing that such labor 
organization shall grant to all members equal voting rights 
in such organization. 

IV. Such contract shall contain a clause, which shall be 
as binding on the labor organization as if in its by-laws, pro- 
viding that no member of such labor organization shall be 
suspended or expelled from membership therein under the by- 
laws thereof except for just cause, and then only after such 
member has been afforded a right of appeal from such suspen- 
sion or expulsion through regular labor organization channels 
and a further right of appeal within fifteen days after final 
labor organization action to the labor commissioner, who may 
order reinstatement of such member in the organization if 
he finds, after hearing, that such member was suspended or 
expelled without just cause. Such member may continue at 
his employment during the pendency of his appeal and until 
final determination thereof. If the labor organization de- 
clines to comply with an order of reinstatement made by the 
labor commissioner hereunder, then in such case the employee 
may continue at his employment notwithstanding any pro- 
visions in such contract, or contracts in succession thereto, 
requiring membership in such labor organization as conditions 
of employment. 

21-b. Reports. Any local labor organization which be- 
comes party to a contract prohibited in section 21, by meeting 
the conditions prescribed in section 21-a, shall file forthwith 
with the labor commissioner and annually thereafter within 
thirty days after the close of its fiscal year, during the period 
of such contract or any renewal thereof, a financial statement 
sworn to by its treasurer sufficiently itemized to show the 
following : name of organization ; location of office ; name, title, 
home address and salary of each officer; initiation fees and 
dues; total annual receipts from initiation fees, dues, assess- 
ments, fines and other sources ; total expenditures for salaries 
of officers, general office administration, other expenditures, 
including contributions or gifts in excess of one hundred 
dollars with the name and address of each recipient ; statement 
of all financial transactions between the labor organization 
and its parent organization or any local or state federation 
of labor organizations with which it is affiliated; and a state- 
ment of total number of members belonging to such organi- 



264 Chapter 196 [1947 

zation as of date of report. There shall be submitted ac- 
companying- the first financial statement a copy of the by- 
laws of such organization and all other rules and regulations 
affecting" membership, and thereafter all changes in the same 
shall be filed forthwith with the labor commissioner, during 
the pendency of any such contract or renewal thereof. 

21-c. Existing Contracts. The provisions of section 21 
shall not apply to existing contracts until the expiration 
thereof or until six months after the effective date of this act, 
whichever shall be sooner. 

2lHd. Constitutionality. If any provision of this act or 
the application of such provision to any person or circum- 
stances shall be held invalid, the remainder of this act or the 
application of such provision 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 June 14, 1947.] 



CHAPTER 196. 



AN ACT PERMITTING SATURDAY CLOSING FOR ANY OR ALL STATE 
DEPARTMENTS. 

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

1. Saturdays. Amend section 19, chapter 27, Revised 
Laws, by striking out the same and inserting in place thereof 
the following: 19. Office Hours. All state offices and de- 
partments shall be open continuously for the transaction of 
public business at least between the hours of eight-thirty 
o'clock in the forenoon and five o'clock in the afternoon each 
day of the week except Sunday ; provided, that such offices and 
departments may be closed on legal holidays, and may also be 
closed on Saturdays throughout the year when approved by 
the governor and council as hereinafter provided. The gov- 
ernor and council may allow the closing of all or any state 
offices and departments on Saturdays, if not incompatible with 
pubhc business ; provided, however, that any such state offices 



1947] Chapter 197 265 

and departments closing on Saturdays shall adopt a noon hour 
or lunch period not exceeding one hour for all employees of 
such office or department. The governor and council may 
adopt rules and regulations to accomplish the purposes of this 
section and may provide for the maintenance of minimum 
staffs on duty on Saturdays and may vary the foregoing pro- 
visions with regard to special classes of employees where 
necessary in the public interest. 

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

[Approved June 17, 1947.] 



CHAPTER 197. 

AN ACT PROVIDING FOR THE REGISTRATION OF ARCHITECTS. 

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

1. Registration of Architects; Definitions. As used here- 
in, the following terms shall be construed as follows: (1) 
The term "registered architect" shall mean a person who, by 
reason of having acquired through professional education and 
practical experience an advanced training in building con- 
struction and architectural design and an extensive knowledge 
of building standards created to safeguard the public from 
the hazards of fire, panic, structural failure, and unsanitary 
conditions, is technically and legally qualified to practice archi- 
tecture as a registered architect as hereinafter defined, and 
who is registered by the board or otherwise authorized by 
this act to engage in the practice of architecture as a regis- 
tered architect. 

(2) The term "architect-in-training" shall mean a candi- 
date for registration as a registered architect who, prior to 
completion of the requisite years of experience in archi- 
tectural work provided in section 40 [11] hereof, has met the 
preliminary requirements for registration as a registered 
architect, and has been issued a certificate by the board stating 
that he is an architect-in-training. 

(3) The term "practice of architecture" shall mean any 
professional service or creative work requiring the application 



266 Chapter 197 '[1947 

of advanced knowledge of architectural design, building con- 
struction and standards, and involving the constant exercise 
of discretion and judgment in such activities as consultation, 
investigation, evaluation, planning, design and responsible 
supervision of construction in connection with any public or 
private buildings, wherein the safeguarding of life, health or 
property is concerned. 

2. Board; Appointments; Terms. A state board of regis- 
tration for architects, hereinafter called the board, is hereby 
created whose duty it shall be to administer the provisions of 
this act. The board shall consist of three architects who 
shall be appointed by the governor with the advice and con- 
sent of the council. The members of the first board shall be 
appointed within ninety days after the passage of this act, 
to serve for the following terms: one member for two years, 
one member for four years, one member for six years, from 
the date of their appointment, or until their successors are 
duly appointed. 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 six years a registered architect. 
Each member shall hold office until the expiration of the term 
for which such member is appointed or until a successor is 
duly appointed. 

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 
architecture as his chief means of livelihood for at least 
twelve years, and shall have been in responsible charge of 
important architectural work for at least five years. Re- 
sponsible charge of architectural teaching may be construed 
as responsible charge of important architectural work. 

4. Compensation; Expenses. Members of the board shall 
serve without compensation but shall be reimbursed for all 
actual traveling, incidental and clerical expenses necessarily 
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 other sufficient cause. 
Vacancies in the membership of the board shall be filled for 



1947] Chapter 197 267 

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 three regular 
meetings each year. The board shall give notice of the time 
and place for holding all regular and special meetings. The 
board shall elect annually a chairman, a vice-chairman and a 
secretary. The secretary of the state board of registration 
for professional engineers may serve as secretary and member 
ex-officio of the state board of registration for architects but 
he shall have no vote in its meetings. A quorum of the board 
shall consist of not less than two members. 

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 regulation of the proceedings before it. The board 
shall adopt and have an official seal. The board may sub- 
poena witnesses and compel their attendance, and also may 
require the production of books, papers and documents in a 
case involving the revocation of registration or practicing or 
ofl'ering to practice as a registered architect without regis- 
tration. 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 refusing 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 "Registered Architects' 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 ex- 
penses provided for in section 4. The board may employ such 



268 Chapter 197 [1947 

clerical or other assistants as are necessary for the proper 
performance 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. Under no circumstances 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- 
tration, which register shall show (a) the name, age and 
residence of each applicant; (b) the date of appHcation; (c) 
the place of business of such applicant; (d) his educational 
and other qualifications; (e) whether or not an examination 
was required; (f) whether the applicant was rejected; (g) 
whether a certificate of registration was granted; (h) the 
date of the action of the board; and (i) such other informa- 
tion 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 herein, and a transcript thereof duly 
certified by the secretary of the board under seal, shall be 
admissible in evidence with the same force and effect as if 
the original were produced. Biennially, as of October first, 
the board shall submit to the governor a report of the trans- 
actions 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 showing the names and places of 
business of all registered architects shall be published by the 
secretary of the board during the month of January of each 
year. Copies of this roster shall be mailed to each architect 
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 applicant is qualified for registration as a 
registered architect, to wit: (a) graduation in an approved 
architectural curriculum of four years or more from a school 
or college of architecture approved by the board as of satis- 
factory standing; and a specific record, satisfactory to the 
board, of an additional three years or more of experience in 
the office of an experienced architect (the board at its dis- 



1947] Chapter 197 269 

cretion may give credit, not in excess of two years, for satis- 
factory graduate study in architecture) ; 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 exami- 
nation, or both, as the board may determine; or (b) success- 
fully passing a written, or written and oral, examination de- 
signed to show knowledge and skill approximating that 
attained through graduation in an approved four-year archi- 
tectural curriculum; and a specific record of eight years or 
more of experience in architectural work of a character satis- 
factory to the board and indicating that the applicant is com- 
petent to practice as a registered architect. 

12. Education Credits. The satisfactory completion of 
each year of an approved curriculum in architecture 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 curricu- 
lum other than architecture 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 ex- 
perience because of undergraduate educational qualifications. 

13. Teaching Credits. In considering the qualifications of 
applicants, architectural teaching may be construed as archi- 
tectural experience. 

14. Work as Contractor. The mere execution, as a con- 
tractor, of work designed by an architect or the supervision 
of the construction of such work as a foreman or superin- 
tendent shall not be deemed to be experience in architecture. 

15. Practioners at Time Act Became Effective. At any 
time within two years after this act becomes effective, upon 
due application therefor and the payment of the registration 
fee of fifteen dollars, the board shall issue a certificate of 
registration, without oral or written examination to any 
architect who shall submit evidence under oath satisfactory 
to the board that he is of good character, has been a resident 
of the state of New Hampshire for at least two years immedi- 
ately preceding the date of his application, and was practicing 



270 Chapter 197 [1947 

architecture for at least two years before this act became 
effective, and has performed work of a character satisfactory 
to the board. After this act shall have been in effect two 
years the board shall issue certificates of registration only as 
provided in section 11 or section 16 thereof. 

16. Interstate Registration. The board in its discretion, 
may, upon application therefor, and the payment of a fee of 
twenty-five dollars, issue a certificate of registration as a 
registered architect to any person who holds a certificate of 
having passed a standard examination of the National Coun- 
cil of Architectural Registration Boards, or to any person who 
holds an unexpired certificate of registration issued to him by 
any state or territory or possession of the United States, or 
of any country, provided that the applicant's qualifications 
meet the requirements of. this act and the rules established 
by the board. 

17. Non-Practicing Applicant. 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. 

18. Partnership; Firm; Association. No partnership, firm 
or association shall be registered as such for the practice of 
architecture, nor may it represent itself as being so registered. 
When it is required that documents be marked with the seal 
of a registered architect it shall be deemed sufficient if the 
seal of one member only of a partnership, firm or association 
of registered architects is used. 

19. Application 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 practical 
experience, and shall contain not less than five references, of 
whom three or more shall be architects having a personal 
knowledge of his architectural experience. The registration 
fee for registered architects shall be twenty-five dollars, 
fifteen dollars of which shall accompany application, the re- 
maining ten dollars to be paid upon issuance of certificate. 
Application to take the examination in fundamental archi- 
tectural subjects prior to completion of the requisite years of 
experience in architectural work shall be accompanied by a 



1947] Chapter 197 271 

fee of seven dollars and fifty cents. This amount shall be 
credited against the total fee required for registration as 
a registered architect. Should the board deny the issuance 
of a certificate of registration to any applicant the initial fee 
deposited shall not be returned. 

20. 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 
fundamental architectural 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 architectural 
work. Satisfactory passage of this portion of the professional 
examination by the applicant shall constitute an examination 
credit for the ensuing ten years. The board shall issue to 
each applicant upon successfully passing the examination in 
fundamental architectural subjects a certificate stating that 
he has passed the examination and that his name has been 
recorded as an architect-in-training. The scope of the exami- 
nation and the methods of procedure shall be prescribed by 
the board with special reference to the applicant's ability to 
design and supervise architectural work 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. Subsequent examination will be granted up- 
on payment of a fee to be determined by the board. 

21. 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. 
Certificates of registration shall show the full name of the 
registrant, shall have a serial number, and shall be signed by 
the chairman and the secretary of the board under seal of the 
board. The issuance 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 regis- 
tered architect, while the said certificate remains unrevoked 
or unexpired. Each registrant hereunder shall upon regis- 
tration obtain a seal of the design authorized by the board, 
bearing the registrant's name and the legend, "Registered 



272 Chapter 197 )[1947 

architect." Plans and title pages of specifications prepared 
by a registrant shall be stamped with the said seal when filed 
with public authorities, during the life of the registrant's 
certificate, but it shall be unlawful for the registrant 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. 

22. Expiration and Renewals. Certificates of registration 
shall expire on the last day of the month of December follow- 
ing their issuance or renewal and shall become invalid on that 
date unless renewed. The secretary of the board shall notify, 
one month in advance, 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. Renewal may be effected at any time during the 
month of January by the payment of a fee of five dollars. The 
failure on the part of any registrant to renew his certificate 
annually in the month of January 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 Janu- 
ary shall be increased ten per cent for each month or fraction 
of a month that payment renewal is delayed; provided, how- 
ever, that the maximum fee for delayed renewal shall not ex- 
ceed twice the normal renewal fee. 

23. Practitioners in the Armed Forces. At any time within 
two years after discharge from the armed forces any honor- 
ably discharged veteran qualifying under section 15, 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. 

24. Interpretation. The purpose of this act is to provide 
for a voluntary registration of architects, and by cooperative 
action to improve the standards of the profession and to 
estabhsh for the public a roster of registered architects who 
have freely submitted themselves to regulation and are there- 
fore entitled to a measure of public confidence. Nothing con- 
tained in this act shall be construed to make the services of a 
registered architect mandatory on any construction project. 
Nothing contained in this act shall be deemed to prohibit any 
person from engaging in the practice of architecture who has 
not registered hereunder; provided, however, that it shall be 



1947] Chapter 197 273 

a violation of this act, subjecting such person to the penalties 
provided in section 28, for any such unregistered person to 
falsely represent himself to be a registered architect or to 
hold himself out to the public or advertise himself to be a 
registered architect. Nothing contained in this act shall be 
construed to prohibit any person from becoming registered 
both as a registered architect and as a professional engineer, 
providing such person meets the statutory requirements for 
said registrations. 

25. 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 negli- 
gence, incompetence, or misconduct in his practice as a regis- 
tered architect. Any person may prefer charges of fraud, 
deceit, gross negligence, incompetency, or misconduct against 
any registrant. Such charges shall be in writing, and shall 
be sworn to by the person making them and shall be filed with 
the secretary of the board. All charges, unless dismissed 
by the board as unfounded or trivial, shall be heard by the 
board within three months after the date on which they shall 
have been preferred. 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 person- 
ally served on or mailed to the last known address of such 
registrant, at least thirty days before date fixed for the hear- 
ing. At any hearing, the accused registrant shall have the 
right to appear personally and by counsel, to cross-examine 
witnesses appearing against him, and to produce evidence and 
witnesses in his own defense. If after such hearing, two or 
more members of the board vote in favor of finding the 
accused guilty, the board shall revoke the certificate of regis- 
tration of such registered architect, and shall notify the 
secretary of state of such revocation. 

26. Reissuance of Certificates. The board, for reasons it 
may deem sufficient, may reissue a certificate of registration 
to any person whose certificate has been revoked, provided two 
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 



274 Chapter 198 i[1947 

issued, subject to the rules of the board, and a charge of three 
dollars shall be made for such issuance. 

27. 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 revising the action of the board as may seem just and 
proper. 

28. 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. It shall be the duty of all duly constituted officers of 
the law of this state, or any political subdivision thereof, to 
enforce the provisions of this act and to prosecute any per- 
sons violating same. 

29. Invalid Sections. If any section or sections of this act 
shall be declared unconstitutional or invalid, this shall not in- 
vaHdate any other sections of this act. 

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

[Approved June 17, 1947.] 



CHAPTER 198. 



AN ACT TO EQUALIZE EDUCATIONAL OPPORTUNITIES AND TO 

IMPROVE THE PUBLIC ELEMENTARY AND HIGH SCHOOLS 

OF NEV^ HAMPSHIRE. 

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

1. Educational Appropriations. Amend paragraph EI, 
section 14, chapter 134, Revised Laws, by striking out the 



1947] Chapter 198 275 

same and inserting in place thereof the following: III. 
Equalization and General Aid. For equalizing educational 
opportunity and improving the public elementary and high 
schools. 

2. State Aid. Amend sections 8, 9, 10 and 11 of chapter 
140, Revised Laws, by striking out the same and inserting in 
place thereof the following: 

8. Declaration of Policy. It is hereby declared to be the 
policy of the state to share the costs of public elementary and 
high schools with local school districts. 

9. State Aid. To aid local school districts in financial 
support of schools, the state board shall provide to each 
district, out of state funds appropriated to carry out the 
provisions of this title, equalization aid necessary to pay 
any remaining costs of the required programs of elementary 
and high school education if the proceeds of a tax of six- 
tenths of one per cent of the equalized valuation of each dis- 
trict fails to equal the costs of these required programs; pro- 
vided, that no school district shall receive more than ten thou- 
sand dollars of equalization aid in any one year to meet the 
costs of required elementary and high school programs. For 
the purposes of this section, the formula to determine the re- 
quired programs shall be the sum of eighteen hundred dollars 
annually for each approved one-room school, and for all other 
schools seventy-five dollars annually per elementary pupil and 
one hundred dollars annually per high school student. This 
formula may be changed from time to time by the state board 
if, in the opinion of the board, a more equal distribution of 
aid may be accomplished thereby. The state board shall 
notify all school districts affected by such a change and no 
such change shall become effective until the school year after 
the February first next following the notification of such 
change. Such aid shall be paid to the district legally re- 
sponsible for the education of the elementary pupils and high 
school students who attend approved schools within the dis- 
trict or in other districts on the basis of average daily 
membership during the preceding year. The state board shall 
also provide to each local school district, out of state funds 
appropriated to carry out the provisions of this title, general 
aid not to exceed thirty-seven and one-half dollars for each 
elementary pupil and fifty dollars for each high school student 



276 Chapter 198 [1947 

in average daily membership during the preceding school 
year, provided that no general aid shall be paid to any local 
school district which did not levy and spend for school pur- 
poses during the preceding year at least six-tenths of one per 
cent of the equahzed valuation of the district. 

10. Prorating. If in any year the state aid to which the 
local school districts are entitled under the provisions of the 
preceding section is not available within the limits of the 
appropriation therefor, the state board shall first reduce pro- 
portionally any necessary portion of the general aid to each 
of the districts before any proportional reduction in equali- 
zation aid is made. 

11. Exception. The state board shall have authority in 
its discretion to withhold from such general distribution an 
amount not exceeding one per cent of the appropriation for 
state aid, which it may use to furnish additional aid to dis- 
tricts where special need exists. 

3. Appropriation. There is hereby appropriated for the 
purposes of this chapter, for the fiscal year ending June 30, 
1948, the sum of two million dollars and for the fiscal year 
ending June 30, 1949, the sum of two million dollars. 

4. Repeal. Section 13, chapter 140, Revised Laws, re- 
lating to limitation on total aid granted in any year, is hereby 
repealed. 

5. School District Meeting. The state board of education 
shall, within fifteen days of the date of the passage of this 
act, notify each school district of the approximate amount of 
state aid to become available to each district for the school 
year 1947-1948 under the provisions of this act. Each school 
district including Concord and Keene and in each other city 
school district, the mayor and city council or other body 
having the appropriating power for school purposes, shall hold 
a special or adjourned meeting on or before July 15, 1947, for 
the purpose of considering or reconsidering appropriations 
for school purposes for the school year 1947-1948. The pro- 
visions of section 3, chapter 139, Revised Laws, shall not apply 
to any meeting held under the provisions of this section. 
Such meeting shall be of the school district in towns and in Con- 
cord and Keene and of the official bodies exercising corres- 
ponding powers in other cities. Unless the meeting shall vote 
that some or all of the state aid funds to become available 



1947] Chapter 199 277 

under the provisions of this act are required to defray operat- 
ing- costs for adequate school services for the school year 1947- 
1948, and shall appropriate such funds for such purpose, the 
state aid funds, or so much thereof as are not appropriated for 
such school purposes, shall be applied to the reduction of taxes 
on real estate for school purposes. No portion of state aid 
funds for the school year 1947-1948 shall be used for the pay- 
ment of interest, debt, or other capital expenditures. Any 
district which fails to comply with the provisions of this sec- 
tion shall not be entitled to receive state aid for the school 
year 1947-1948. The requirements of this section shall not 
apply to any district which does not qualify for state aid for 
schools under the provisions of this act. 

6. Takes Effect. This act shall take effect as of July 1, 
1947, provided that the warrant for any special school dis- 
trict meeting to be held under the provisions of section 5 
hereof may be posted at any time after the date of the passage 
of this act. 

[Approved June 17, 1947.] 



CHAPTER 199. 



AN ACT TO PERMIT THE ESTABLISHMENT OF COOPERATIVE SCHOOL 
DISTRICTS. 

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

1. Definitions. Terms used in this act shall be construed 
as follows, unless a different meaning is clearly apparent from 
the language or context or is otherwise inconsistent with the 
manifest intention of the legislature : 

I. "Cooperative school district" means a district com- 
posed of two or more school districts of the state of New 
Hampshire associated together under the provisions of this 
act. 

II. "Cooperative board" means the board of education of 
a cooperative school district. 

III. "Local district" means a school district which be- 
comes part of a cooperative school district. 

IV. "Local board" means the board of education or 



278 Chapter 199 [1947 

school board of a school district forming part of a cooperative 
school district. 

2. Establishment of Cooperative School Districts. Any 

two or more school districts in New Hampshire may, in 
accordance with the provisions of this act, establish a co- 
operative elementary school district or a cooperative secondary 
school district, or a cooperative elementary and secondary 
school district by majority vote of the qualified voters present 
and voting- at annual or special school meetings of each of the 
participating school districts duly called for the purpose by 
the boards of education of the respective school districts. At 
such meeting or at an adjournment thereof or at a subsequent 
meeting similarly called there shall be established or de- 
termined by similar vote: (1) The name of the cooperative 
school districts. (2) The number of members of the co- 
operative board. (3) The number of members of the co- 
operative board to be elected from each of the local districts. 
(4) The length of the initial terms of office of the members 
of the cooperative board and their allocation among the mem- 
bers of the cooperative board. (5) The purchase, acquisition 
or lease by the cooperative school district of any existing 
school facilities within the local districts. (6) Provision for 
supervisory service by a superintendent of schools. (7) Such 
other details of organization of the cooperative school district 
and the cooperative board, consistent with the provisions of 
this act, as the local districts shall by majority vote adopt. 
The plan of organization so adopted shall be submitted to the 
state board of education and the cooperative school district 
shall become an effective body corporate and politic upon 
approval of such plan of organization by the state board of 
education upon such date as the state board of education shall 
fix. 

3. Powers and Duties. Each cooperative school district 
established under the provisions of this act shall be a body 
corporate and politic and shall have all the powers and shall 
be subject to the same obligations and duties in relation to 
the objects for which it is established as are conferred or im- 
posed upon school districts by the statutes of the state of 
New Hampshire, in such case made and provided, except as 
may be otherwise provided in this act. 

4. Board of Education. The affairs of a cooperative school 



1947] Chapter 199 279 

district shall be administered by a board of education which 
shall be composed of not less than five nor more than nine 
members. The term of office of each member of the coopera- 
tive board shall be three years, except that the initial terms 
of office of the initial members may be for less than three 
years. Each local district shall be entitled to elect at least 
one member of the cooperative board. The members of the 
cooperative board shall be elected by the local boards acting 
severally, and may be members of the local boards. Members 
of the cooperative board shall serve without remuneration but 
they shall be paid ten cents for each mile of necessary travel 
on official business. 

5. Treasurer. The treasurer of a cooperative school dis- 
trict shall be appointed by the cooperative board for one or 
more terms not to exceed five years each and may be a mem- 
ber of the cooperative board and shall receive for his services 
such sum as the cooperative board may determine, but not in 
excess of one thousand dollars per annum. The treasurer 
shall, before entering upon the duties of his office, give a bond 
to the cooperative school district with a reputable surety com- 
pany in the form required by the tax commission, and the 
premium shall be paid by the cooperative school district. The 
provisions of chapter 82, Revised Laws, applicable to school 
districts and counties shall apply to cooperative school dis- 
tricts. 

6. Power to Borrow Money for Capital Improvements. 
Each cooperative school district shall have the power of a 
school district to borrow money and to issue notes or bonds 
as security therefor in accordance with the statutes of the 
state of New Hampshire, in such case made and provided, 
except that in computing the debt limit of a cooperative school 
district, equalized valuation as determined by the state tax 
commission under chapter 82, Revised Laws, shall be used in 
place of assessed valuation ; and such notes or bonds shall con- 
stitute a lien upon all taxable property included within the 
boundaries of the cooperative school district. Nothing in this 
act shall be construed to require the assumption by a co- 
operative school district of any existing indebtedness of any 
local district; provided, however, that any such existing in- 
debtedness may be assumed by the cooperative school district 
by majority vote of each of the local districts. For the pur- 



280 Chapter 199 [1947 

poses of computing the legal debt limit of a cooperative school 
district, the existing debt of each local district shall be deemed 
a debt of the cooperative school district. 

7. Responsibility for Costs of Capital Improvements. For 
a period of ten years from the formation of a cooperative 
school district, each local district shall become liable for the 
costs of capital improvements, including land, buildings and 
other real estate, furnishings and equipment for classrooms, 
shops, laboratories and other buildings, school buses, and 
school facilities used for programs of recreation or health, 
and other capital improvements, including the cost to the co- 
operative school district of capital improvements acquired at 
the time of formation of a cooperative school district, in 
proportion that its equalized valuation bears to the total 
equalized valuation of the property within the cooperative 
school district at the time it becomes effective. After the co- 
operative school district has been in operation ten years, each 
local district shall become liable for the costs of further 
capital improvements in the proportion that its equalized 
valuation bears to the total equalized valuation of the property 
within the cooperative school district at the time the funds 
therefor are appropriated. Indebtedness incurred by each 
local district as part of a cooperative school district shall be 
included within the debt limit of the local district. 

8. Responsibility for Costs of Operation. The costs of 
operating a cooperative school district shall be prorated 
among the local districts in proportion to the average daily 
membership for the preceding school year in the schools of 
the cooperative school district of pupils legally resident for 
school purposes in each of the local districts. For the pur- 
poses of this section, costs of operation shall include cost of 
transportation of pupils and all other costs of operation, ex- 
cept those for capital improvements as defined in section 7. 
For the first year of operation of any cooperative school dis- 
trict, the state board of education shall determine the share 
of operating costs of each local district on the basis of 
average daily membership in each district during the pre- 
ceding school year. 

9. Budget. On or before March first in each year the co- 
operative board shall prepare a financial budget for the en- 
suing fiscal year commencing on July first, which shall be 



1947] Chapter 199 281 

posted in at least one public place in each local district and 
shall receive such other publication as the cooperative board 
may determine. 

10. Annual Meeting. A meeting of each cooperative 
school district shall be held annually between March first and 
April twentieth, inclusive, for the purpose of raising and 
appropriating money for the support of schools for the fiscal 
year beginning July first next succeeding and for the pay- 
ment of its debts and for the transaction of other district 
business. All the qualified voters of each local district shall 
be eligible to vote. An attested copy of the warrant shall be 
posted at the place of meeting and a like copy shall be posted 
in each local district in a public place fourteen days before 
the day of the meeting. The time and place for the meeting 
shall be fixed by the cooperative board and the chairman of 
such board shall serve as moderator. 

11. Certification of Appropriations. The cooperative board 
shall within two weeks after the annual meeting certify in 
writing to the local boards the share of each local district in 
the sums appropriated at the annual meeting. The local 
board shall in turn certify in writing to the tax officials within 
each local district having power to levy taxes for educational 
purposes within such district, a sum equal to such share minus 
such funds as are available from other sources and are appro- 
priated by the local district to the payment of the local dis- 
trict's share, and such tax officials shall assess upon the rat- 
able estate within each local district such sum so certified to 
them and shall pay over said sum to the treasurer of the co- 
operative school district. A local district is hereby author- 
ized to appropriate and pay over to a cooperative school dis- 
trict all or any part of the sums accruing to it under the pro- 
visions of section 17, chapter 140, Revised Laws. 

12. State Aid. Aid for local school districts provided by 
the general court of the state of New Hampshire shall be paid 
directly to local school districts, even though such districts 
form a part of a cooperative school district. 

13. New Members of a Cooperative School District. After 
a cooperative school district has been formed, additional local 
school districts may be admitted to membership therein upon 
the affirmative vote of a majority of the qualified voters pres- 
ent and voting at an annual or special school meeting, duly 



282 Chapter 199 [1947 

warned for the purpose of each [such] additional local school 
districts and upon approval by majority vote of those present 
and voting at annual or special school district meetings, duly 
warned for the purpose, of each of the local districts and 
approval by the state board of education. Their admission 
shall be upon such terms and conditions with respect to the 
capital costs of the cooperative school district theretofore in- 
curred as may be determined by majority vote of those 
present and voting at annual or special school district meet- 
ings, duly warned for the purpose, of each of the local dis- 
tricts and approved by the state board of education. 

14. Withdrawal of Local School District. Where a co- 
operative school district is composed of three or more local 
districts, a local district may withdraw from the cooperative 
school district upon a majority vote of those present and vot- 
ing at an annual or special meeting of such local district, duly 
warned for the purpose and upon approval of such withdrawal 
by majority vote of those present and voting at annual or 
special school district meetings, duly warned for the purpose, 
of each of the other local districts in such cooperative school 
district; provided, however, (1) that the withdrawal shall 
not become effective until three years after the date the vote 
to withdraw has been taken, (2) that no such withdrawal 
shall affect the liability of the withdrawing local district for 
obligations assumed by or imposed upon any local district for 
capital improvements in the cooperative school district or 
other obligations assumed under the provisions of section 6, 
unless the remaining local districts in the cooperative school 
district shall vote to assume the share of the withdrawing 
district in such obligations, in the proportions prescribed in 
section 7, (3) that the withdrawing local district shall, upon 
withdrawal, have no further right, title or interest in and to 
any of the assets of the cooperative school district. 

15. Dissolution. A cooperative school district may be 
dissolved by majority vote of those present and voting at 
annual or special school district meetings, duly warned for the 
purpose, of each of the local districts. The assets of a co- 
operative school district shall be divided or disposed of in such 
manner as may be determined at such meetings of the local 
districts but if the local districts cannot agree upon their 
division or disposition, they shall be disposed of in such man- 



1947] Chapter 199 283 

ner and upon such terms and conditions as may be determined 
by the state board of education. If a cooperative school dis- 
trict, which has outstanding debt, shall be dissolved, it shall 
nevertheless continue as a municipal corporation for the 
limited purpose of paying or liquidating such debt and shall 
annually choose officers and hold necessary meetings to 
accomplish such limited purpose. Upon final payment of such 
debt, the corporate existence of such cooperative school dis- 
trict shall end. 

16. Interpretation. Neither the passage of this act nor 
the formation of a cooperative school district under the pro- 
visions hereof shall be deemed to repeal, amend, or modify 
except as otherwise herein provided any of the provisions of 
Title XIII of the Revised Laws entitled "Public Schools" as 
now amended, or any other statutes of the state of New 
Hampshire relating to schools, school districts, school officers, 
and their employees and pupils; and, to the extent and only 
to the extent that the obligations and duties imposed upon 
local school districts by said statutes of the state of New 
Hampshire are performed by a cooperative school district, 
shall a local district be relieved of ^uch obligations and duties. 

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

[Approved June 17, 1947.] 



284 Chapter 200, 201 [1947 

CHAPTER 200. 

AN ACT RELATIVE TO COMPENSATION TO JURORS FOR EXPENSES. 

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

1. Grand and Petit Jurors. Amend section 26 of chapter 
375 of the Revised Laws, as amended by chapter 117 of the 
Laws of 1947, by striking out the words, "seventy-five cents" 
where they occur and inserting in place thereof the words, one 
dollar, so that said section as amended shall read as follows: 
26. Compensation. Grand and petit jurors shall be paid by 
the county for each day or part of a day which is spent in 
actual attendance at court, five dollars each; for travel to and 
from court each day, each mile six cents; for each day when 
attending court away from home, one dollar for expenses; 
talesmen for each day's attendance, five dollars each. 

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

[Approved June 17, 1947.] 



CHAPTER 201. 

AN ACT RELATING TO BANG'S DISEASE. 

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

1. Retention of Reactors. Amend chapter 229 of the Re- 
vised Laws by adding after section 46-a as inserted by chap- 
ter 135 of the Laws of 1945, the following new sections : 46-b. 
Alternate Plan. Upon written notice to the commissioner 
within five days after receipt of the results of tests any 
owner of a herd may elect to retain the reactors shown by 
such tests for a period not to exceed five years, in which case 
all reactors shall be permanently identified by hot iron brand 
with the letter B on the left jaw not less than three inches 
high and two inches wide and by the insertion in the left ear 
of a reactor tag, all calves born of such herd shall be vacci- 
nated, and the entire herd shall be placed under quarantine 
subject to being moved only upon permit issued by the com- 



1947] Chapter 202 285 

missioner. Reactors must be retained in barn or enclosure 
approved by the commissioner. Before any herd may be 
placed under this plan a blood test shall be made of the entire 
herd to determine the status of the herd and aid in the 
selection of the plan most suitable. The owner is required to 
submit his herd for test every six months or at such times as 
the commissioner may direct to aid in the eradication of 
Brucellosis. An owner may select either plan and change 
from one to another. An owner selecting this alternate plan 
shall not be paid any indemnity upon disposal of any reactors 
and all reactors must be slaughtered without indemnity be- 
fore herd can be dealt with as provided for in section 46, 
chapter 229 of the Revised Laws. The commissioner may 
make such reasonable rules and regulations as may be neces- 
sary to accomplish the purposes of this section. 

46-c. Pasteurization. Notwithstanding any provisions 
of law to the contrary, milk from such herds as adopt this 
alternate plan including milk from such reactors may be sold 
to consumers, but only after being pasteurized. 

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

[Approved June 18, 1947.] 



CHAPTER 202.* 

AN ACT RELATIVE TO SALARIES OF COMMISSIONERS, SHERIFF AND 
SOLICITOR OF CHESHIRE COUNTY. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Cheshire County Commissioners. 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 and chapter 163 of the Laws of 1945, by striking 
out the words "one thousand" in the ninth line and inserting 
in place thereof the words, fifteen hundred, so that said sec- 
tion 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: 



See chapters 213, 242, 256, 263, 268, 270, 291, post 



286 Chapter 202 [1947 

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, fifteen hundred 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. Salary of Cheshire County Solicitor. Amend section 20 
of chapter 24 of the Revised Laws as amended by chapters 40 
and 139 of the Laws of 1943 and by chapters 2 and 27 of the 
Laws of 1947 by striking out the word "twelve" in the ninth 
line and inserting in place thereof the word, fifteen, so that 
said section as amended shall read as follows: 20. Salaries. 
The annual salaries of the soHcitors in the several counties 
shall be as follows: 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, twelve hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, twelve hundred and fifty dollars. 

In Hillsborough, twenty-five hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, twelve hundred dollars. 

In Coos, eighteen hundred dollars. 
3« Salary of Sheriff of Cheshire County. Amend section 
27, chapter 380 of the Revised Laws, as amended by chapter 
195 of the Laws of 1943, chapter 189, Laws of 1945, and sec- 
tion 2, chapter 2, Laws of 1947, by striking out the word 
"nine" in the ninth hne and inserting in place thereof the 
word, fifteen, so that said section as amended shall read as 



1947] Chapter 203 287 

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, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, fifteen hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, eight hundred dollars. 

In Grafton, one thousand dollars. 

In Coos, fourteen hundred dollars. 
4. Takes Effect. This act shall take effect upon its 
passage. 

[Approved June 18, 1947.] 



CHAPTER 203. 

AN ACT TO RESTRICT THE USE AND OPERATION OF CERTAIN 
BOILERS IN THE INTERESTS OF PUBLIC SAFETY. 

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

1. Prohibition. No person, corporation or association shall 
install or operate under pressure, a boiler not previously 
located within the state, until application is first filed with the 
labor commissioner on such form as he may prescribe, and 
a permit so to do is issued by him. The commissioner 
shall issue such permit if he finds that such boiler conforms 
to the requirements of the Boiler Construction Code of the 
American Society of Mechanical Engineers and that it may 
be operated without menace to the public safety. 

2. Exceptions. This act shall not apply to 

I. boilers under federal control, 

II. portable boilers to be used solely on farms for agricul- 
tural purposes, 

III. steam boilers to be used exclusively for heating pur- 
poses, carrying a pressure of not more than fifteen pounds per 
square inch, 



288 Chapters 204, 205 [1947 

IV. hot water boilers carrying- a pressure of not more 
than thirty pounds per square inch, 

V. boilers for use in private residences, and 

VI. compressed air boilers, tanks or vessels. 

3. Penalty. Any person who violates any of the pro- 
visions of this act shall be fined not exceeding five hundred 
dollars. 

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

[Approved June 18, 1947.] 



CHAPTER 204. 



AN ACT RELATIVE TO CHANGE IN CLASSIFICATION OF HIGHWAY 
IN ALSTEAD AND GILSUM. 

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

1. Chainge in Classification. The class V highway starting 
from the Forest road, so-called in the town of Alstead at East 
Alstead Common, thence running southerly east of Lake 
Warren past the South Woods Road corner and the Big Mine, 
so-called, to Gilsum village in the town of Gilsum, a distance 
of approximately six miles, shall hereafter be classified as a 
class II highway. 

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

[Approved June 18, 1947.] 



CHAPTER 205. 

AN ACT RELATING TO POLITICAL EXPENDITURE. 

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

1. Political Expenditures. Amend section 2 of chapter 42 
of the Pvevised Laws by adding the following paragraph : X. 
For the purchase of radio time, office equipment, and supplies. 



1947] Chapter 205 289 

2. Political Parties. Amend section 3 of chapter 42 of the 
Revised Laws by striking out the whole thereof and insert- 
ing the following section : 3. State Committee Expenditures. 

No state committee of a political party shall expend in any 
one year for purposes allowed by this chapter more than 
thirty-five thousand dollars and not more than one-half of 
said thirty-five thousand dollars shall be expended for the pur- 
poses enumerated in paragraphs VII and VIII of the fore- 
going section. The collection by a state committee for and 
transmission to a national political committee shall not be 
deemed to be an expenditure by a state committee of a politi- 
cal party under the provisions of this section. 

3. Elections. Amend section 4 of chapter 42 of the Re- 
vised Laws by striking out said section and inserting in the 
place thereof the following: 4. Candidates' Expenditures. 
No candidate shall in any one election, other than the primary, 
expend, in addition to his contribution to a state committee, 
a sum in excess of the following amounts: Governor or 
United States senator, three thousand dollars; representative 
in congress, fifteen hundred dollars; councilor, five hundred 
dollars; state senator or county officer, three hundred dollars; 
representative to the general court, one hundred dollars. 
Money expended by a candidate to meet and discharge any 
assessment, fee, or charge made or levied upon candidates by 
the laws of this state, or expended for his necessary per- 
sonal, traveling or subsistence expenses, or for stationery, 
postage, writing, or printing (other than for use on billboards 
or in newspapers), for distributing letters, circulars, or 
posters, or for telegraph or telephone service, shall not be in- 
cluded in determining whether his expenditures have ex- 
ceeded the sum fixed by this section as the limit of campaign 
expenses of a candidate. 

4. Primary. Amend section 5 of chapter 42 of the Re- 
vised Laws by striking out said section and inserting in the 
place thereof the following : 5. Primary Expenditures. The 
total sum to be expended or contracted for payment for the 
nomination by or in behalf of any candidate for nomination 
shall be as follows: For governor or United States senator, 
eight thousand dollars; for representative in congi-ess, four 
thousand dollars; for councilor, fifteen hundred dollars; for 
state senator or any county officer, three hundred dollars ; for 



290 Chapter 205 [1947 

representative to the general court, one hundred dollars. The 
amount of money specified shall include all expenditures by a 
candidate or by others in his behalf with his knowledge dur- 
ing the calendar year of the primary, except money expended 
by a candidate to meet and discharge any assessment, fee, or 
charge made or levied upon candidates by the laws of this 
state, or expended for his necessary personal, traveHng, or 
subsistence expenses, or for stationery, postage, writing, or 
printing (other than for use on billboards or in newspapers), 
for distributing letters, circulars, or posters, or for telegraph 
or telephone service, shall not be included in determining 
whether his expenditures have exceeded the sum fixed herein 
as the limit of campaign expenses of the candidate for nomi- 
nation in the primary. No person shall make any contri- 
bution of or contract for the payment of any money for the 
benefit of any candidate without the written consent of such 
candidate or his financial agent. As a part of the declaration 
of candidacies filed by candidates for governor. United States 
senator, representative in congress, councilor, state senator, 
and county officer, every candidate shall designate some per- 
son, who may be the candidate himself, as his financial agent 
for the purpose of the primary campaign, or if his candidacy 
for such office is established by a primary petition, there shall 
be annexed to the primary petition in behalf of such candidate 
the name of the financial agent for such candidate. All sums 
expended or contracted for payment in the primary campaign 
by or in behalf of such candidate shall be reported to such 
financial agent, who shall make all the disbursements in be- 
half of such candidate, and said agent shall join with the 
candidate in signing the filing statements required by law. 

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

[Approved June 19, 1947.] 



1947] Chapter 206 291 

CHAPTER 206. 

AN ACT RELATIVE TO AUDITING ACCOUNTS OF FAIRS. 

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

1. Auditing- Accounts. Amend section 18 of chapter 171 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 18. Agricultural Fairs. 
The portion of the tax on pari mutuel pools to be distributed 
for the promotion of agriculture, as provided in section 16, 
shall be distributed by the commissioner of agriculture in 
accordance with the following plan to all agricultural fairs 
holding yearly exhibitions in the state and paying premiums 
of five hundred dollars or more annually. Each year a pay- 
ment of one hundred dollars shall be paid to all such agricul- 
tural fairs. The balance of said fund shall be divided pro rata 
to said fairs based on the amount of competitive or edu- 
cational agricultural premiums paid the preceding calendar 
year by said fair. In determining the premiums paid the 
commissioner shall take into consideration premiums paid for 
contests, exhibits, or displays of domestic livestock, household 
products, farm crops, and those made by 4-H clubs or other 
similar groups. The commissioner of agriculture shall make 
such rules and regulations relative to reports as to premiums 
as may be necessary to enable him to determine the pro rata 
distributions to be made of the sums hereinbefore provided. 
The tax commission shall cause to be made an annual audit 
of all accounts of fairs receiving money under the provisions 
of this chapter, with the exception of pari mutuel receipts 
The audit of such receipts made under the authority of sec- 
tion 21 of chapter 171 of the Revised Laws as it applies to 
agricultural fairs, shall be made within thirty days, and the 
state racing commission shall make such audits available to 
the state tax commission. The cost of the audit by the tax 
commission shall be borne by each fair audited. 

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

[Approved June 19, 1947.] 



292 Chapter 207 [1947 

CHAPTER 207. 

AN ACT RELATIVE TO FEES OF TAX COLLECTORS. 

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

1. Repeal. Amend section 16 of chapter 80 of the Revised 
Laws by striking out the whole of said section. 

2. Repeal. Amend section 34 of chapter 80 of the Revised 
Laws by striking out the whole of said section. 

3. Tax Collectors. Amend section 36 of chapter 80 of the 
Revised Laws by striking out the whole of said section and 
inserting in place thereof the following: 36. Return of 
Reports. Whenever a tax collector, under the provisions of 
sections 20, 21, 24, 28 and 30 of this chapter, shall make a 
return or a report to the register of deeds of advertisement 
or consummation of a tax sale, or of a payment before sale or 
redemption therefrom, or discharge of a tax Hen for any 
reason, the register of deeds shall cause the time of his re- 
ceipt thereof to be stamped or written upon the back of said 
report or certificate and shall, after entering the same in the 
registry records, return it to the tax collector within a reason- 
able time. 

4. Fees. Amend chapter 80 of the Revised Laws by add- 
ing at the end thereof a new sub-title, Fees Relative to 
Collection of Taxes, and the following new sections : 

Fees Relative to Collection of Taxes 
47. Sale of Real Estate. Relative to tax delinquency 
and the sale and deeding of real estate, the fees of collectors 
shall be as follows: For notice of proposed sale as sent to 
each delinquent, irrespective of the number of tax-delinquent 
parcels of real estate owned by or taxed to such person, one 
dollar. For making sale, for each delinquent taxpayer whose 
property has been listed and sold, one dollar. In addition to 
the above, the collector shall receive, for each parcel of real 
estate sold, twenty-five cents. For notice of payments made 
before sale, or of redemption or discharge of lien following a 
tax sale, the collector shall receive twenty-five cents. For 
each deed issued in default of redemption from tax sale the 
collector shall receive one dollar. For each notice to the 
register of deeds of subsequent tax payments on the lien, 



1947] Chapter 207 293 

twenty-five cents. For each notice to a mortgagee of record 
at the time of the tax sale, advising of subsequent tax pay- 
ments, fifty cents plus the cost of sending such notice by 
registered mail. Collectors shall also be allowed to charge 
for postage, fees of notaries or justices of the peace incident 
to making returns to the registry of deeds, and for the cost 
of printed forms and stationery and for other necessary and 
actual expenses incurred; said expenses to be totalled and 
divided 'pro rata among the delinquent taxpayers when real 
estate is advertised and sold. 

48. Sale of Personal Property. The tax collector's fees 
for distraint and sale at public auction of personal property 
shall be as follows: For posting notice of sale against each 
delinquent, one dollar. For making sale of personal property, 
each delinquent, one dollar. Mileage, collector's home to place 
of distraint, per mile, ten cents. Mileage, collector's home 
to place of sale, per mile, ten cents. For each copy of item- 
ized list of articles or of property taken in distraint by the 
collector, fifty cents. Poundage or commission on value of 
property sold, three per cent. In addition to the above the 
collector shall be allowed his actual and necessary expenses 
in connection with the storage of merchandise seized or for 
the care and keeping of livestock impounded prior to the sale. 

49. Making Arrest. The tax collector's fees for taking 
the body and committing to jail any person neglecting or re- 
fusing to pay a poll or personal property tax assessed against 
him under the provisions of sections 2 and 10, chapter 80, 
Revised Laws, shall be as follows: Mileage, collector's home 
to place of arrest, per mile, ten cents. Mileage, point of 
arrest to jail and return, per mile, ten cents. For attested 
copy of warrant for arrest, fifty cents. For service of warrant 
and making arrest, two dollars. 

50. Register of Deeds. In posting his notice or adver- 
tisement of sale and in making sale of tax-delinquent real 
estate, the collector shall include the fees which are to be 
paid to the register of deeds for the proper discharge of said 
register's duties under the provisions of sections 20, 21, 24, 
28, 29 and 30 of said chapter 80. Said fees shall be advanced 
and paid to the register of deeds by the tax collector or by the 
town, and reimbursement shall be made thereto when pay- 
ment of delinquent taxes and costs is made before sale or 



294 Chapter 208 [1947 

when redemption shall be made subsequent to the tax 
collector's sale. The fees to the register of deeds shall be 
as follows: For entering notice or advertisement of tax 
collector's sale, each separate item therein, twenty-five cents. 
For entering notice of each separate parcel sold, twenty-five 
cents. For discharging lien, each parcel redeemed from sale, 
twenty-five cents. For entering notice of each subsequent tax 
payment on the lien, twenty-five cents. For discharging lien, 
each parcel redeemed from sale, or from payment of sub- 
sequent tax thereon, twenty-five cents. 

In addition to the above, the register of deeds may make 
such charge as he may deem to be just and proper, for search- 
ing the records and reporting mortgage encumbrances, if any, 
upon real estate sold by the tax collector if and when a re- 
quest for such information is received from the holder of the 
tax lien; provided, however, that this shall not be considered 
to be a mandatory duty of the register of deeds but may be 
done by himself or his agent if he so elects. 

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

[Approved June 19, 1947.] 



CHAPTER 208. 



AN ACT RELATING TO THE NOMINATION OF PRESIDENTIAL 
ELECTORS. 

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

1. Certification. Amend section 59, chapter 33, Revised 
Laws, as amended by section 4, chapter 9, Laws of 1943, and 
by chapter 16, Laws of 1947, by adding at the end thereof the 
following: Upon receipt of the foregoing certifications, the 
secretary of state shall publish in some paper of general cir- 
culation the names of the persons found by him to have been 
chosen as candidates for presidential electors by the several 
parties, so that said section as amended shall read as follows: 
59. Date, Call, and Purposes. Not earlier than the third 
Tuesday of September following any primary, and not later 
than the first Tuesday of October, upon the call of the chair- 



1947] Chapter 209 295 

man of the state committee of the party, the nominees of each 
party for the offices of governor, councilors, state senators, 
county officers, representatives, and state delegates elected 
shall meet in state convention for the purpose of adopting the 
platform of their party, nominating presidential electors and 
effecting an organization for the following two years. The 
names and residences of the presidential electors nominated 
by such convention shall be forthwith certified to the secretary 
of state by the chairman and clerk of the convention. Upon 
receipt of the foregoing certifications, the secretary of state 
shall publish in some paper of general circulation the names 
of the persons found by him to have been chosen as candidates 
for presidential electors by the several parties. 

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

[Approved June 19, 1947.] 



CHAPTER 209. 

AN ACT RELATING TO THE PRACTICE OF VETERINARY MEDICINE. 

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

1. Veterinary Examiners. Amend section 4, chapter 255, 
Revised Laws, by striking out the word "five" in the first line 
and the words "twenty-five" in the third line, and inserting 
in the place thereof, ten, and, fifty, respectively, so that said 
section as amended shall read as follows: 4. Compensation. 
Each member of said board shall receive ten dollars a day for 
services rendered and his actual expenses. The board may 
employ clerical assistance at a cost not to exceed fifty dollars 
a year. If the amount received by the state treasurer is not 
sufficient to pay for both services and expenses, the governor 
and council shall allow the expenses in full and such part of 
the amount due for services as the balance permits. 

2. Tempoi*ary Eligibility for Examination. Any person 
who was graduated from a veterinary college not on the 
recognized list as provided in section 9, chapter 255, Revised 
Laws, between the years 1942 and 1947, which college had a 



296 Chapter 210 [1947 

course of study of not less than four school years of not less 
than six months each, and who has served an internship under 
a duly licensed veterinary in this state for at least two years 
prior to the passage of this act, shall upon application sub- 
mitted within one year from the date of the passage of this 
act and not thereafter, be eligible to take the examination pro- 
vided in said section 9 of chapter 255 and upon passing such 
examination to receive a license as provided in section 10 of 
said chapter. 

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

[Approved June 19, 1947.] 



CHAPTER 210. 

AN ACT RELATING TO HOUSING AUTHORITIES FOR SO-CALLED 
BLIGHTED AREAS, AND REDEVELOPMENT PROJECTS. 

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

1. Finding and Declaration of Necessity. It is hereby 
found and declared (a) that there exist in many communities 
within this state blighted areas (as defined herein) or areas 
in the process of becoming blighted ; (b) that such areas im- 
pair economic values and tax revenues; that such areas cause 
an increase in and spread of disease and crime and constitute 
a menace to the health, safety, morals and welfare of the 
residents of the state, that these conditions necessitate ex- 
cessive and disproportionate expenditures of public funds for 
crime prevention and punishment, public health and safety, 
fire and accident protection, and other public services and 
facilities; (c) that the clearance, replanning and preparation 
for rebuilding of these areas, and the prevention or the re- 
duction of blight and its causes, are public uses and purposes 
for which public money may be spent and private property 
acquired and are governmental functions of state concern; 
(d) that there are also certain areas where the condition of 
the title, the diverse ownership of the land to be assembled, 
the street or lot layouts, or other conditions prevent a proper 
development of the land, and that it is in the public interest 



1947] Chapter 210 297 

that such areas, as well as blighted areas, be acquired by- 
eminent domain and made available for sound and wholesome 
development in accordance with a redevelopment plan, and 
that the exercise of the power of eminent domain and the 
financing of the acquisition and preparation of land by a pubhc 
agency for such redevelopment is likewise a public use and 
purpose; (e) that redevelopment activities will stimulate resi- 
dential construction which is closely correlated with general 
economic activity; and that such undertakings authorized 
by this act will aid the production of better housing and more 
desirable neighborhoods and community development at lower 
costs and will make possible a more stable and larger volume 
of residential construction, which will assist materially in 
achieving and maintaining full employment; and (f) that it 
is in the public interest that advance preparation for such 
projects and activities be made now, and that the necessity in 
the public interest for the provisions hereinafter enacted is 
hereby declared as a matter of legislative determination. 

2. Redevelopment Project. Any housing authority now or 
hereafter established pursuant to chapter 169 of the Revised 
Laws, as amended by chapter 169, Laws of 1947, may carry 
out any work or undertaking (hereafter called a "redevelop- 
ment project") : (1) to acquire blighted areas, which are 
hereby defined as areas (including slum areas) with buildings 
or improvements which, by reason of dilapidation, obsoles- 
cence, overcrowding, faulty arrangement or design, lack of 
ventilation, light and sanitary facilities, excessive land cover- 
age, deleterious land use or obsolete layout, or any com- 
bination of these or other factors, are detrimental to the 
safety, health, morals, or welfare of the community; (2) to 
acquire other real property for the purpose of removing, pre- 
venting, or reducing blight, blighting factors or the causes 
of blight; (3) to acquire real property where the condition 
of the title, the diverse ownership of the real property to be 
assembled, the street or lot layouts, or other conditions pre- 
vent a proper development of the property and where the 
acquisition of the area by the authority is necessary to carry 
out a redevelopment plan; (4) to clear any areas acquired and 
install, construct, or reconstruct streets, utilities, and site im- 
provements essential to the preparation of sites for uses in 
accordance with the redevelopment plan; (5) to sell or lease 



298 Chapter 210 [1947 

land so acquired for uses in accordance with the redevelop- 
ment plan; or (6) to accomplish a combination of the fore- 
going to carry out a redevelopment plan. 

3. Authority. In undertaking such redevelopment proj- 
ects a housing authority shall have all the rights, powers, 
privileges and immunities that such authority has under the 
housing authorities law, chapter 169 of the Revised Laws and 
any other provision of law relating to slum clearance and 
housing projects for persons of low income (including, with- 
out limiting the generality of the foregoing, the power to 
make and execute contracts, to issue bonds and other 
obligations and give security therefor, to acquire real prop- 
erty by eminent domain or purchase, and to do any and all 
things necessary to carry out projects) in the same manner 
as though all the provisions of law applicable to slum clear- 
ance and housing projects were applicable to redevelopment 
projects undertaken under this act; provided that nothing 
contained in sections 9 and 10 of the housing authorities law 
shall be construed as limiting the power of an authority, in 
the event of a default by a purchaser or lessee of land in a 
redevelopment plan, to acquire property and operate it free 
from the restrictions contained in said sections. 

4. Initiation of Projects. An authority shall not initiate 
any redevelopment project under this act until the governing 
body (or agency designated by it or empowered by law so to 
act) of each city or town (hereinafter called "municipalities") 
in which any of the area to be covered by said project is 
situated, has approved a plan (herein called the "redevelop- 
ment plan") which provides an outline for the development 
or redevelopment of said area and is sufficiently complete (1) 
to indicate its relationship to definite local objectives as to 
appropriate land uses and improved traffic, public transpor- 
tation, public utilities, recreational and community facilities 
and other public improvements; (2) to indicate proposed land 
uses and building requirements in the area; and (3) to in- 
dicate the method for the temporary relocation of persons 
living in such areas; and also the method for providing (un- 
less already available) decent, safe and sanitary dwellings 
substantially equal in number to the number of substandard 
dwellings to be cleared from said area, at rents within the 
financial reach of the income groups displaced from such sub- 



1947] Chapter 210 299 

standard dwellings. Such municipalities are hereby author- 
ized to approve redevelopment plans through their governing 
body or agency designated by it for that purpose. Any 
municipality, as defined in the housing authorities law, 
chapter 169, of the Revised Laws, shall have the same rights 
and powers to cooperate with and assist housing authorities 
with respect to redevelopment projects that such municipality 
has pursuant to such law for the purpose of assisting the de- 
velopment of administration of slum clearance and housing 
projects in the same manner as though the cooperation pro- 
visions of the housing authorities law were applicable to re- 
development projects undertaken under this act, 

5. Land Available for Public or Private Agencies. The 
authority may make land in a redevelopment project available 
for use by private enterprise or public agencies in accordance 
with the redevelopment plan. Such land may be made avail- 
able at its use value, which represents the value (whether 
expressed in terms of rental or capital price) at which the 
authority determines such land should be made available in 
order that it may be developed or redeveloped for the purposes 
specified in such plan. To assure that land acquired in a re- 
redevelopment project is used in accordance with the re- 
development plan, an authority, upon the sale or lease of such 
land, shall obligate purchasers or lessees: (1) to use the 
land for the purpose designated in the redevelopment plan; 

(2) to begin the building of their improvements within a 
period of time which the authority fixes as reasonable; and 

(3) to comply with such other conditions as are necessary to 
carry out the purposes of this act. Any such obligations by 
the purchaser shall be covenants and conditions running with 
the land where the authority so stipulates. 

6. Tax Status. Any property which the authority leases 
to private individuals or corporations for development under 
a redevelopment plan shall have the same tax status as if 
such leased property were owned by such private individuals 
or corporations. 

7. Federal Assistance. An authority may borrow money 
or accept contributions from the federal government to assist 
in its undertaking redevelopment projects. An authority 
may do any and all things necessary or desirable to secure such 
financial aid (including obligating itself in any contract with 



300 Chapter 210 [1947 

the federal government for annual contributions to convey to 
the federal government the project to which said contract 
relates upon the occurrence of a substantial default there- 
under), in the same manner as it may do to secure such aid 
in connection with slum clearance and housing projects under 
the provisions of the housing authorities law. 

8. Bonds. Bonds or other obligations issued by a housing 
authority in connection with a redevelopment project pur- 
suant to this act shall be security for public deposits and legal 
investments to the same extent and for the same persons, in- 
stitutions, associations, corporations, and other bodies and 
officers as bonds or other obligations issued pursuant to the 
housing authorities law in connection with the development 
of slum clearance or housing projects. 

9. Advisory Board. For the purpose of coordinating its 
activities and undertakings under this act with the needs and 
undertakings of other local organizations and groups, a hous- 
ing authority may establish an advisory board consisting of 
the chairman of the authority (who shall be chairman of the 
advisory board) and of sufficient members to represent so far 
as practicable: the general public and consumers of housing; 
general business interests; real estate, building and home 
financing interests; labor; any official planning body in the 
locality ; and church and welfare groups. The members of the 
advisory board shall be appointed by the chairman of the 
authority. 

10. Powers Hereunder are Supplementary. The powers 
conferred by this act shall be in addition and supplemental to 
the powers conferred by any other law. 

11. Separability Clause. Notwithstanding any other 
evidence of legislative intent, it is hereby declared to be the 
controlling legislative intent that if any provision of this act, 
or the application thereof to any person or circumstances, is 
held invalid, the remainder of the act and the application of 
such provision to persons or circumstances other than those 
as to which it is held invalid, shall not be affected thereby. 

12. Inconsistent Provisions. Insofar as the provisions of 
this act are inconsistent with the provisions of any other law, 
the provisions of this act shall control. 

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

[Approved June 19, 1947.] 



1947] Chapter 211 301 

CHAPTER 211. 

AN ACT RELATING TO THE BALLOT-LAW COMMISSION. 

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

1. Ballot-Law Commission. Amend the Revised Laws by 
adding after chapter 34 the following new chapter: 

Chapter 34-A 
Ballot-Law Commission 

1. Commission. There shall be a ballot-law commission 
consisting of three members, one of whom shall be the 
attorney general, or in his absence or inability to act, the 
assistant attorney general. The other two members shall 
be appointed by the governor with the advice and consent of 
the council for terms of four years, or until their successors 
are appointed and qualified, except that the first appointments 
shall be for terms of two and four years, respectively. One 
member shall be appointed each even numbered year, to take 
office July first. Vacancies shall be filled in the same manner 
for the unexpired term. Not more than two commissioners 
shall be of the same political party. The secretary of state 
shall be the recording officer and clerk of the commission, but 
shall have no vote in its decisions. 

2. Compensation. They shall receive such compensation 
for their services as shall be approved by the governor and 
council. All bills for supplies required by the commission, 
their necessary expenses and fees of witnesses summoned by 
the commission shall be paid by the state upon the approval 
of the governor and council. 

3. General Duties. They shall hear and determine appeals 
from primary and election recounts conducted by the secretary 
of state as provided in section 4. In addition, they shall have 
jurisdiction in the following cases: 

L When nominations at the primary, as declared by the 
secretary of state under section 48, chapter 33, are in 
apparent conformity with law, they shall be valid, unless 
changed upon recount as provided by law or unless written 
objection thereto shall be filed with the secretary of state 
within three days succeeding six o'clock in the afternoon of 
the date of publication of the results of the primary by the 



302 Chapter 211 [1947 

secretary of state under said section 48, or if there is a re- 
count for the office in question, within three days after the 
declaration of the secretary of state upon such recount. If 
written objections are filed, the ballot-law commission shall 
forthwith meet, hear and decide all such objections. The de- 
cision of the ballot-law commission shall be final as to 
questions both of law and fact, and no court shall have juris- 
diction to review such decision. 

II. When nominations by petition, as provided in sec- 
tions 62 to 65, inclusive, chapter 33, or the filling of vacancies 
in nominations occurring after the primary, as provided in 
sections 52 and 67, chapter 33, are in apparent conformity 
with law, they shall be valid, unless written objection thereto 
shall be filed with the secretary of state within the time limit 
provided in section 69 of chapter 33 in the case of nominations 
by petition, or within three days succeeding six o'clock in the 
afternoon of the date on which the appointment to fill a 
vacancy is filed with the secretary of state in the case of fill- 
ing' vacancies in nominations. If written objections are filed, 
the ballot-law commission shall forthwith meet, hear and de- 
cide all such objections. The decision of the ballot-law com- 
mission shall be final as to questions both of law and fact, and 
no court shall have jurisdiction to review such decision. 

III. The jurisdiction vested in the ballot-law commission 
under paragraphs I and II of this section shall be exclusive 
of all other remedies. 

4. Appeals from Recounts. The ballot-law commission 
shall hear and determine appeals from recounts in the follow- 
ing cases: 

I. In case of a primary recount as provided in sections 
53 to 58, inclusive, of chapter 33, any person voted for upon 
the ballot of any party, who, by declaration of the secretary 
of state upon recount, was not chosen as the candidate of 
such party, may within three days after said declaration, 
appeal therefrom to the ballot-law commission by filing his 
written appeal with the secretary of state. The ballot-law com- 
mission shall forthwith meet, hear and decide such appeal and 
shall, on such appeal, consider and review only the rulings of 
the secretary of state on ballots protested by the appellant 
during the recount. If after such review it shall appear that 
the appellant was nominated, the commission shall change the 



1947] Chapter 211 303 

declaration of the secretary of state and issue a certificate of 
nomination to the appellant. The decision of the ballot- 
law commission shall be final as to questions both of law and 
fact, and no court shall have jurisdiction to review such de- 
cision. The jurisdiction vested in the commission under this 
paragraph shall be exclusive of all other remedies. 

II. In case of an election recount as provided in sections 
104 to 108, inclusive, of chapter 34, any candidate who, by 
declaration of the secretary of state upon recount did not 
have the greatest number of votes, may within three days 
after said declaration, appeal therefrom to the ballot-law com- 
mission by filing his written appeal with the secretary of 
state. The ballot-law commission shall forthwith meet, hear 
and decide such appeal and shall, on such appeal, consider and 
review only the rulings of the secretary of state on ballots 
protested by the appellant during the recount. If after such 
review, it shall appear that the appellant had the greatest 
number of votes, the commission shall change the declaration 
of the secretary of state and issue a certificate of such 
changed declaration to the appellant. The decision of the 
ballot-law commission under this paragraph shall be subject 
to appeal as provided in section 11 of this chapter. The juris- 
diction vested in the commission under this paragraph shall 
be exclusive ; but nothing contained in this paragraph shall be 
construed to bar any person from recourse to the superior 
court on other questions, within the jurisdiction of such court, 
relating to the legality or regularity of biennial elections or 
the results thereof. 

5. Rules. The commission shall have power to adopt and 
publish rules to govern its proceedings and to regulate the 
mode and manner of all hearings or proceedings before it. Said 
rules shall be pubhshed and made available at the office of the 
secretary of state. All hearings shall be open to the pubHc. 

6. Evidence and Procedure. In any hearing the commis- 
sion shall not be bound by the technical rules of evidence, but 
its findings must be supported by reUable, probative and sub- 
stantial evidence. A stenographic transcript shall be made 
of all oral testimony submitted to the commission, and such 
transcript together with the exhibits, ballots and papers filed 
in the proceeding shall be the exclusive record for its de- 
cision. Decisions of the commission shall be made in writing 



304 Chapter 211 |[1947 

and filed with the secretary of state. Reasonable notice of 
all hearings before the commission shall be given by the secre- 
tary of state by registered mail. In cases of recount appeals 
under section 4, notice shall be given to all candidates for the 
particular nomination or office in question. In cases arising 
under section 3, notice shall be given to the person or persons 
filing objections and to the candidate or candidates to whose 
nomination objections have been filed. At all hearings, in- 
terested parties may appear, present relevant evidence, be 
represented by counsel and cross examine opposing witnesses. 
The records of the commission in any proceeding before it 
shall be preserved for at least six months after the election 
in question. 

7. Summons; Oath. The commission shall have power 
to subpoena witnesses and administer oaths in any proceeding 
before it and to compel by subpoena duces tecum, the pro- 
duction of any check-list, tally sheet, or other document or 
thing of any kind whatever. 

8. Witnesses. Witnesses summoned before the commis- 
sion shall be paid the same fees as witnesses summoned to 
appear before the superior court, and such summons issued 
by any justice of the peace shall have the same effect as 
though issued for appearance before such court. 

9. Testimonial Privilege. No witness in any proceeding 
before the commission shall be excused from giving his testi- 
mony or producing documentar}^ evidence upon the ground 
that such testimony or documentary evidence could tend to 
incriminate him, but if the witness claims immunity here- 
under, no such testimony or documentary evidence shall be 
used against him in any criminal prosecution, nor shall he be 
liable to criminal prosecution for any matter disclosed thereby. 

10. Perjury. No person so testifying shall be exempt 
from prosecution or punishment for any perjury committed by 
him in his testimony. 

11. Appeal. There shall be an appeal to the supreme 
court from the decisions of the ballot-law commission made 
under paragraph II, section 4, as provided in this section and 
not otherwise. Such appeal shall be filed with the clerk of 
the supreme court within five days after the decision of the 
commission is filed with the secretary of state. Such appeal 
shall be limited to questions of law; and findings of fact made 



1947] Chapter 211 305 

by the commission shall be final if supported by the requisite 
evidence. The supreme court may hold a special session to 
consider such appeal if it considers such action necessary, 
Appeals under this section shall be limited to contested 
elections for the offices of presidential elector, governor, coun- 
cilor and town and city or city ward offices voted for at bien- 
nial elections. It is hereby declared to be the legislative in- 
tent to provide no appeal under this section in the cases of 
contested elections for the offices of United States senator, 
representative in congress, state senator or representative to 
the general court in view of the constitutional provisions vest- 
ing in both houses of congress and both houses of the general 
court exclusive jurisdiction over the elections and qualifi- 
cations of their respective members. 

2. Repeal. Sections 96-98, inclusive of chapter 33, Re- 
vised Laws, as amended by chapter 1, Laws of 1943, and sec- 
tion 109 of chapter 34 of the Revised Laws are hereby re- 
pealed. Any other statutes inconsistent with this chapter 
are hereby repealed to the extent of such inconsistency. 

3. Declaratioai; Primary. Amend section 57 of chapter 33 
of the Revised Laws by adding at the end thereof the words, 
unless the result is changed upon appeal to the ballot-law 
commission, so that said section as amended shall read as 
follows : 57. Declaration. If a recount shall show that some 
other person than the one declared nominated upon the can- 
vass of the returns from the clerks of towns and wards has 
the greatest number of votes cast at the primary, such per- 
son shall be declared nominated and shall be the candidate of 
the party for the office in question, instead of the person so 
first declared, and his name shall be placed upon the official 
ballot at the following election, unless the result is changed 
upon appeal to the ballot-law commission. 

4. Declaration; Electioin. Amend section 108 of chapter 
34 of the Revised Laws by striking out the words "as herein- 
after provided" in the sixth line, and inserting in place there- 
of the words, to the ballot-law commission, so that said 
section as amended shall read as follows: 108. Declaration; 
Certificate. If, in case of a recount of such votes, it shall 
appear that a person was elected other than the person de- 
clared elected upon the canvass of returns from the clerks 
of the towns and wards the secretary of state shall declare the 



306 Chapter 212 [1947 

result found by him and the person so declared by him to 
have the greatest number of votes, unless the result is 
changed upon appeal to the ballot-law commission, shall be 
entitled to receive a certificate to such declaration. In the 
case of candidates for town offices, the person receiving such 
certificate, unless the result is changed upon appeal, shall be 
the duly elected officer of such town. 

5. Takes Effect. This act shall take effect July 1, 1948. 

[Approved June 19, 1947.] 



CHAPTER 212. 



AN ACT RELATIVE TO MEDICAL REFEREES, AUTOPSIES AND 
INQUESTS. 

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

1. Medical Referees. Amend section 4 of chapter 436 of 
the Revised Laws, by striking out said section and inserting 
in place thereof the following: 4. Oath; Duties. Each 
medical referee shall, before entering upon the duties of his 
office, be sworn and shall make examination as hereinafter 
provided, upon the view of the dead bodies of such persons 
only as are supposed to have come to their deaths by violence, 
or unlawful act, or suddenly when in apparent health, or when 
unattended by a physician, or in prison, or in any suspicious, 
unusual, or unnatural manner. 

2. Dead Bodies. Amend section 6 of said chapter 436 by 
striking out said section and inserting in place thereof the 
following: 6. Notice to Referee. It shall be the duty of 
anyone finding the body of any person whose death is 
suspected to have been caused, or which occurred, in any 
manner described in section 4 to immediately notify the 
medical referee and the county solicitor for the county where- 
in the body is found. 

3. Duties of Referee. Aniend section 15 of said chapter 
436 by striking out said section and inserting in place thereof 
the following: 15. Report to Solicitor, etc. If, upon such 
view, with personal inquiry or autopsy, said referee is of the 
opinion that the death of the person was caused, or occurred, 



1947] Chapter 212 307 

in any manner described in section 4, he shall at once notify 
the attorney general and the county solicitor, and file with 
each a duly attested copy of the record of the case. 

4. Attorney General. Amend section 17 of said chapter 
436 by striking out said section and inserting in place thereof 
the following: 17. Duty of Solicitor, etc.; Inquest. The 
attorney general or county solicitor, on receiving the report 
of the medical referee and finding some person or persons are 
probably implicated, may, when deemed necessary, authorize 
the referee to take an inquest upon the view of the dead body 
of a person whose death is supposed to have been occasioned 
in any manner described in section 4 and said referee shall 
thereupon summon to appear before him such witnesses as 
the attorney general or county solicitor may direct, who shall 
be examined under oath by said attorney general or soHcitor. 

5. Report. Amend section 19 of said chapter 436 by 
striking out said section and inserting in place thereof the 
following: 19. Of Referee. The referee who shall preside 
at such inquest shall report in writing his conclusions, when, 
where and by what means the person came to his death, to 
the superior court of the county, and furnish a copy to the 
attorney general or county solicitor, and, if it appears to him 
that it was a case of homicide, or was occasioned in the 
manner described in section 4, he shall state the name of the 
person who contributed to such death, if known to him. 

6. Inquest. Amend section 21 of said chapter 436 by 
striking out said section and inserting in place thereof the 
following: 21. Other Inquests. If a referee reports that a 
death was not caused or did not occur in any manner as de- 
scribed in section 4 and the attorney general or county solici- 
tor is of a contrary opinion, either officer may direct an in- 
quest in accordance with the foregoing provisions. 

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

[Approved June 19, 1947.] 



308 . Chapters 213, 214 [1947 

CHAPTER 213.* 

AN ACT RELATIVE TO THE SALARY OF THE SOLICITOR OF 
MERRIMACK COUNTY. 

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

1. Salary of Solicitor of Merrimack County. Amend sec- 
tion 20 of chapter 24 of the Revised Laws as amended by 
chapters 40 and 136 of the Laws of 1943, and by chapters 2, 
27, and 202 of the Laws of 1947 by striking out the words 
"twelve hundred and fifty" after the word "Merrimack" and 
inserting in place thereof the words, two thousand, so that 
said section as amended shall read as follows: 20. Salaries. 
The annual salaries of the solicitors in the several counties 
shall be as follows: 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, twelve hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, twenty-five hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sulhvan, twelve hundred dollars. 

In Grafton, twelve hundred dollars. 

In Coos, eighteen hundred dollars. 

2. Takes Effect. The provisions of section 1 relative to 
the salary of the solicitor of Merrimack county shall take 
effect as of January 1, 1947, and the other provisions of said 
section 1 shall take effect upon the passage of this act. 

[Approved June 23, 1947.] 



CHAPTER 214. 

AN ACT RELATIVE TO THE BURIAL OF VETERANS. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Veterans. Amend section 16, chapter 124 of the Re- 
vised Laws as amended by chapter 102, Laws of 1943, and 
chapter 88, Laws of 1945, by striking out the same and in- 



See chapters 242, 263, 268, 270, 291, post. 



1947] Chapter 214 309 

serting in place thereof the following : 16. Burial Expenses. 

Whenever any member or former member of the armed forces 
of the United States, who served in any war or armed con- 
flict in which the United States has been engaged and whose 
services were terminated under conditions otherwise than 
dishonorable, dies and the commander and adjutant of any 
recognized veterans organization of which he was a member, 
or the majority of the board of selectmen of the town or the 
mayor or council of the city in which such veteran dies, if he 
or she was not a member of such organization, shall certify 
under oath to the state veterans' council that such veteran 
did not leave sufficient estate to pay the expenses of his or 
her funeral, the governor shall draw a warrant in favor of 
the commander or adjutant, selectmen, city council or mayor, 
for a sum not exceeding one hundred dollars to defray such 
burial expenses, provided that the total amount of the funeral 
expense does not exceed four hundred dollars. Within one 
year from the time of burial of said veteran an account, veri- 
fied by vouchers, of the sums so spent for burial expenses 
shall be sent to the state veterans' council by said commander, 
adjutant, selectmen, city council, or mayor. Whoever neglects 
or refuses to furnish said account shall be fined ten dollars. 

2. Requirements. Amend section 17 of chapter 124 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following: 17. Limitation. The provisions 
of the foregoing section shall not apply to the burial of a de- 
ceased veteran unless he or she was a resident of the state 
at the time of his or her death. 

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

[Approved June 23, 1947.] 



310 Chapter 215 [1947 

CHAPTER 215. 

AN ACT TO FREE FROM TOLLS THE SO-CALLED KEARSARGE 

MOUNTAIN TOLL ROAD AND CLASSIFY SAID ROAD AS A 

RECREATIONAL ROAD AND TO FURTHER DEFINE THE 

AUTHORITY OF THE COMMISSIONER OF HIGHWAYS 

TO REGULATE TRAFFIC AND TO RECLASSIFY 

CERTAIN ROADS IN THE STATE OF 

NEW HAMPSHIRE. 

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

1. Toll Collections Discontinued. Sections 4 and 4-a of 
chapter 97 of the Laws of 1935, as amended by section 1, 
chapter 129, Laws of 1939, relative to the collection of tolls 
on the so-called Kearsarge Mountain Toll road, are hereby re- 
pealed. 

2. Kearsarge Mountain Road; Bear Brook State Reser- 
vation. Amend section 6 of part 2 of chapter 90 of the Re- 
vised Laws as inserted by chapter 188 of the Laws of 1945, 
by striking out said section and inserting in place thereof the 
following : 6. Class III Recreational Roads. The state high- 
way department shall assume full control of reconstruction 
and maintenance of roads designated by the forestry and 
recreation commission and highway commissioner within the 
following state reservations and rights of way thereto, and 
such roads shall be known as recreational 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 Tarn worth; Pawtuckaway State 
Reservation in the towns of Nottingham and Deerfield; Milan 
Hill State Park in the town of Milan; Cardigan State Reser- 
vation in the town of Orange; Kearsarge State Reservation in 
the town of Wilmot; Bear Brook State Reservation in the 
towns of Deerfield, Hooksett, Allenstown and Candia ; and the 
road formerly known as the Kearsarge Mountain Toll road in 
the town of Warner, extending from the original toll gate 
location to its terminus near the summit of Kearsarge Moun- 
tain; 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 



1947] Chapter 215 311 

be construed as affecting* the control of the forestry and rec- 
reation department over parking areas or other facilities with- 
in said reservations. 

3. Highway Commissioner. Amend section 18 of part 10 of 
chapter 90 of the Revised Laws, as inserted by chapter 188 
of the Laws of 1945, by striking out said section and insert- 
ing in place thereof the following: 18. Closing Highways; 
Detours; Penalty. The commissioner may close, regulate or 
restrict traffic over any section of any class I, class II or class 
III highway or bridge thereon when the public welfare or 
necessity so requires, or in order to perform work on any such 
highway or bridge by posting notices at each end of such 
section of highway or at each end of such bridge, and may 
establish and mark detours, and no town shall be liable to any 
person for damages or injuries caused in whole or in part by 
the use of such highway or bridge when such notices are 
posted. Any person who travels on a closed highway or 
bridge or who violates the provisions of such regulations or 
restrictions shall be fined not more than one hundred dollars. 

4. Correction. Amend section 21 of part 18 of chapter 90 
of the Revised Laws, as inserted by chapter 188 of the Laws 
of 1945, by striking- out the word "carriage" in the sixth line 
and inserting in place thereof the word, vehicle, so that said 
section as amended shall read as follows: 21. Weight of 
Load. Towns are not liable for such damages to a person 
traveling upon a bridge, culvert or sluiceway constructed by 
the town and state with joint funds when the weight of the 
load, inclusive of the vehicle, exceeds fifteen tons, or upon 
any other bridge, culvert or sluiceway when the weight of the 
load, inclusive of the vehicle, exceeds six tons. 

5. Reclassification. The highway in Hudson and Pelham 
from the Clement road in Hudson to the Mammoth road in 
North Pelham being a part of the Kimball Hill road, so-called, 
which extends from that section of said road in the town of 
Hudson which is now improved secondary highway to the 
Mammoth road in the town of Pelham, shall be classified and 
become a part of the secondary system of highways as estab- 
lished by section 1, part 12, chapter 90 of the Revised Laws 
as inserted by chapter 188 of the Laws of 1945, and shall be 
improved under the direction of the highway commissioner 
and the expense of such improvement shall be borne by the 



312 Chapter 216 [1947 

state and the towns of Hudson and Pelham in the proportion 
required by section 7 of said part 12 of said chapter 90. Said 
highway and any bridges thereon constructed under the pro- 
visions hereof shall be maintained by the state. 

6. Secondary Highway System. The highway known as 
N. H. Route 114 easterly from its junction with N. H. Route 
114 A in the town of Goffstown to its junction with N. H. 
Route 101 in the city of Manchester shall hereafter be in- 
cluded in the secondary state highway system. 

7. Cheever Road. The highway known as the Cheever 
road in the towns of Groton and Dorchester shall hereinafter 
be included in the secondary state highway system. 

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

[Approved June 23, 1947.] 



CHAPTER 216. 



AN ACT TO REQUIRE THE LICENSING, INSPECTION AND 

REGULATION OF HOSPITALS AND RELATED 

INSTITUTIONS. 

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

1. Hospital Licensing Law. Amend chapter 154 of the 
Revised Laws by striking out said chapter and inserting in 
place thereof the following: 

Chapter 154 
Hospital Licensing Law 

1. Declaration of Purposes. The purposes hereof are to 
provide for the development, establishment and enforcement 
of basic standards for the care and treatment of persons in 
hospitals and other institutions in which medical, nursing or 
other remedial care are rendered, and for the construction, 
maintenance and operation of such institutions, which, in the 
light of existing knowledge, will ensure safe and adequate 
treatment of such persons in such institutions. 

2. Requirement for License. After July 1, 1947, no in- 
stitution which maintains and operates organized facilities 



1947] Chapter 216 313 

for the diagnosis, treatment or care of two or more non- 
related persons suffering from illness, injury or deform- 
ity, or where obstetrical or other care is rendered over a 
period exceeding twenty-four hours shall be established, con- 
ducted or maintained in this state without first obtaining a 
license therefor in the manner hereinafter provided. 

3. Existing Hospitals. Institutions subject hereto which 
are already in operation at the time of enactment hereof shall 
be given a reasonable time from the date of enactment of this 
law, within which to comply with the rules and regulations 
and minimum standards provided for herein. 

4. Application for License. Applicants for license shall 
file applications under oath with the state department of 
health upon forms prescribed and shall pay the license fee of 
ten dollars annually which shall be paid into the state treasury, 
or refunded to the applicant if license is denied. Institutions 
operated by any unit or division of federal, state or local gov- 
ernment shall not be required to pay the license fee. Appli- 
cations shall be signed by the owner, or in the case of a corpo- 
ration by two of its officers, or in the case of a governmental 
unit by the head of the governmental department having juris- 
diction over it. Applications shall set forth the full name and 
address of the owner of the institution for which license is 
sought, the names of the persons in control thereof and such 
additional information as the state department of health may 
require, including affirmative evidence of ability to comply 
with such reasonable standards, rules and regulations as may 
be lawfully prescribed hereunder. 

5. Licenses. Licenses issued hereunder shall expire one 
year after date of issuance, or upon such uniform dates 
annually, as the department of health may prescribe by 
regulation. Licenses shall be issued only for the premises and 
persons named in the application, and shall not be transferable 
or assignable. Licenses shall be posted in a conspicuous place 
on the licensed premises. 

6. Inspections and Consultations. The state department 
of health shall make or cause to be made such inspections as 
it may prescribe by regulation. The state department of 
health may prescribe by regulations that any licensee or pro- 
spective applicant desiring to make specified types of alteration 
or addition to its facilities or to construct new facilities must, 



314 Chapter 216 [1947 

before commencing such alteration, addition or new con- 
struction, submit plans and specifications therefor to the state 
department of health for preliminary inspection and approval 
or recommendations. 

7. Revocation or Suspension of Licenses. The state de- 
partment of health shall issue licenses for the operation of in- 
stitutions subject hereto which are found to comply with the 
provisions hereof and such regulations as are lawfully pro- 
mulgated by said department. The state department of health 
with the advice of the hospital advisory council may suspend 
or revoke licenses issued hereunder, on any of the following 
grounds : 

I. Violation of any of the provisions of this chapter or 
the rules and regulations promulgated pursuant thereto. 

II. Permitting, aiding or abetting the commission of any 
unlawful act. 

III. Conduct or practices detrimental to the health or 
safety of patients and employees of. said institutions; pro- 
vided that this provision shall not be construed to have any 
reference to healing practices authorized by law. 

8. Procedure. Should the department determine to 
deny, suspend, or revoke a license, it shall send to the appli- 
cant or licensee, by registered mail, a notice setting forth the 
particular reasons for the determination. The denial, suspen- 
sion, or revocation shall become final thirty days after the 
mailing of the notice, unless the applicant or licensee, within 
such thirty-day period, shall give written notice of desire for 
hearing. Thereupon the applicant or licensee shall be given 
a fair hearing before the hospital advisory council, and shall 
have the right to present such evidence as may be proper. On 
the basis of such evidence, the hospital advisory council shall 
affirm or set aside the determination involved, and shall send 
by registered mail to the applicant or licensee, a copy of its 
decision, setting forth the finding of facts and the particular 
reasons upon which it is based. The decision of the council 
shall become final thirty days after it is mailed, unless the 
applicant or licensee, within such thirty-day period, appeals 
the decision to the court under section 15 hereof. The pro- 
cedure governing hearings authorized by this section shall be 
in accordance with rules promulgated by said department 
with the advice of the hospital advisory council. A full and 



1947] Chapter 216 315 

complete record shall be kept of all proceedings and all testi- 
mony shall be reported, but need not be transcribed unless the 
decision is appealed pursuant to section 15 hereof, or a tran- 
script is requested by an interested party who shall pay the 
cost of preparing- such transcript. Witnesses may be sub- 
poenaed by either party and shall be allowed fees at a rate 
prescribed by rules. 

9. Rules and Regulations. The state department of 
health with the advice of the hospital advisory council shall 
adopt, promulgate and enforce rules, regulations and standards 
with respect to the different types of hospitals and related in- 
stitutions to be licensed hereunder as may be designed to 
further the accomplishment of the purposes hereof as herein 
set forth ; such rules, regulations and standards shall be modi- 
fied, amended or rescinded from time to time by said depart- 
ment with the advice of the hospital advisory council as may 
be in the public interest. No such rules, regulations or 
standards shall be adopted or enforced which would have the 
effect of denying a license to a hospital or other institution 
required to be licensed hereunder, solely by reason of the 
school or system of practice employed or permitted to be em- 
ployed by physicians therein; provided that such school or 
system of practice is recognized by the laws of the state. 
Provided, however, that no regulation or requirement shall be 
made nor standard established under this act for any hospital 
or related institution conducted for those who rely upon treat- 
ment by spiritual means or prayer in accordance with the 
creed or tenets of any well recognized church or religious 
denomination, except as to the sanitary and safe condition of 
the premises, cleanliness of operation, and its physical equip- 
ment. 

10. Hospital Advisory Council. The governor with the 
advice and consent of the council shall appoint an advisory 
hospital council to advise and consult with the licensing 
agency in carrying out the administration of this act. The 
council shall consist of the head of the licensing agency, 
(state health officer) who shall serve as chairman ex-officio, 
and eight other members, and shall include representatives of 
non-governmental organizations or groups, and of state 
agencies concerned with the operation, construction and utili- 
zation of hospitals, including representatives of the consum- 
ers of hospital services. Each member shall hold oflfice for a 



316 Chapter 216 [1947 

term of three years, except that any member appointed to fill 
a vacancy occurring prior to the expiration of the term for 
which his predecessor was appointed shall be appointed for 
the remainder of such term and the terms of office of the 
members first taking office shall expire, as designated at the 
time of appointment, three at the end of the first year, three 
at the end of the second year and two at the end of the third 
year after the date of appointment. Council members shall 
serve without compensation but shall be entitled to receive 
actual and necessary travel and subsistance expenses while 
serving away from their place of residence. The council shall 
meet as frequently as the chairman deems necessary, but not 
less than once each year. Upon request by three or more 
members, it shall be the duty of the chairman to call a meet- 
ing of the council. 

11. Functions of Hospital Advisory Council. The hospi- 
tal advisory council shall have the following responsibilities 
and duties: 

I. To consult and advise with the department of health 
in matters of policy affecting administration of this chapter 
and in the development of rules, regulations and standards 
provided for hereunder. 

II. To review and recommend rules, regulations and 
standards authorized hereunder prior to their promulgation by 
the department of health as specified herein. 

III. The council shall meet not less than once each year 
and at the call of the state health officer or at the request of 
any three of its members. Five members shall constitute a 
quorum. Members of the council shall serve without com- 
pensation but shall be reimbursed for actual expenses in- 
curred in the performance of the duties of their offices, to be 
paid from funds made available to the department for the 
purposes hereof. 

12. Interpretation. This chapter shall not be construed 
in any way to restrict or modify any law pertaining to the 
placement and adoption of children or the care of unmarried 
mothers. 

13. Information Confidential. Information other than 
reports relating to vital statistics received by the state de- 
partment of health through inspection or otherwise, author- 
ized hereunder shall be confidential and shall not be disclosed 



1947] Chapter 216 317 

publicly except in a proceeding involving the question of 
licensure or revocation of license. 

14. Annual Report. The state department of health 
shall prepare and publish a biennial report of its activities and 
operations hereunder and shall make such information avail- 
able to the state legislature upon request. 

15. Judicial Review. Any applicant or licensee who is 
dissatisfied with the decision of the state department of 
health as a result of the hearing provided in section 8 may, 
within fifteen days after receiving notice of the decision, 
appeal to the superior court of the county in which the appli- 
cant or licensee is located for judicial review of the decision. 
Thereupon the department shall promptly certify and file in 
the court the transcript of the hearings on which the decision 
is based. Findings of fact by the department shall be con- 
clusive unless substantially contrary to the weight of the 
evidence but upon good cause shown the court may remand 
the case to the department to take further evidence, and the 
department may thereupon make new or modified findings of 
fact which shall likewise be conclusive unless substantially 
contrary to the weight of the evidence. The court shall have 
power to affirm, modify or reverse the decision of the depart- 
ment and either the applicant or licensee or the department 
may appeal from the court's decision to the supreme court in 
the manner provided by the laws of the state. Pending final 
disposition of the matter the status quo of the applicant or 
licensee shall be preserved. 

16. Saving- Clause. Should any provision or section of 
this chapter be held to be invalid for any reason, such hold- 
ing shall not be construed as affecting the validity of any re- 
maining portion of such section or of this chapter, it being 
the legislative intent that this chapter shall stand, notwith- 
standing the invalidity of any such provision or section. 

17. Penalties. Any person, partnership, association, or 
corporation, including state or county or local governmental 
units or any division, department, board or agency thereof 
establishing, conducting, managing, or operating any insti- 
tution within the meaning of this chapter, without first 
obtaining a license therefor as herein provided, or who shall 
violate any of the provisions of this chapter or regulations 
lawfully promulgated thereunder, shall be fined not more than 
one hundred dollars for the first offense and not more than 



318 Chapter 217 [1947 

five hundred dollars for each subsequent offense, and each day 
such hospital shall operate after a first conviction shall be 
considered a subsequent offense. 

18. Injunction. The department of health may, in ac- 
cordance with the laws of the state governing injunctions 
and other process, maintain an action in the name of the state 
against any person, partnership, association, or corporation, 
or state, county or local governmental unit, or any division, de- 
partment, board or agency thereof, for establishing, conduct- 
ing, managing or operating any hospital within the meaning 
of the chapter without first having a license therefor as herein 
provided. In charging any defendant in a complaint in such 
action, it shall be sufficient to charge that such defendant 
did, upon a certain day and in a certain county, establish, 
conduct, manage, or operate a hospital without having a 
license to do so, without averring any further or more par- 
ticular facts concerning the same. 

19. Disposition of Fees. All fees received from licenses 
under the provisions of this chapter shall be kept by the state 
treasurer in a separate fund to be paid out to the department 
of health for purposes of this chapter only. 

2. Repeal. Chapter 133 of the Revised Laws relative to 
the regulations of lying-in hospitals is hereby repealed. 

3. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved June 23, 1947.] 



CHAPTER 217. 

AN ACT RELATING TO LICENSE FEES. 

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

1. Increase of Fees. Amend paragraph I of section 6 of 
chapter 247 of the Revised Laws by striking out the words 
"two dollars and thirty-five cents" and inserting in place 
thereof the words, three dollars and thirty-five cents, so that 
said paragraph as amended shall read as follows: I. If the 
applicant is a resident of this state and wishes to hunt and 
fish, three dollars and thirty-five cents, and the agent shall 



1947] Chapter 217 319 

thereupon issue a resident hunting and fishing hcense, which 
shall entitle the licensee to hunt, shoot, kill or take, except 
by the use of traps, and to transport game birds, game 
animals, fish, and salt water smelt, under the restrictions of 
this title. 

2. Nonresident Hunting Licenses. Amend paragraph III 
of section 6 of chapter 247 of the Revised Laws by striking 
out the same and inserting in place thereof the following : IIL 
If the applicant is a nonresident and wishes to hunt, fifteen 
dollars, and said agent shall thereupon issue a nonresident 
hunting license which shall entitle the licensee to hunt, shoot, 
kill or take, except by the use of traps, and to transport game 
birds and game animals, under the restrictions of this title. 

3. Nonresident Fishing Licenses. Amend paragraph IV of 
section 6 of chapter 247 of the Revised Laws by striking out 
the same and inserting in place thereof the following: IV. 
if the apphcant is a nonresident and wishes to take fresh water 
fish or salt water smelt only, five dollars, and the agent shall 
thereupon issue a nonresident fishing license which shall en- 
title the licensee to kill, take and transport fresh water fish and 
salt water smelt under the restrctions of this title, provided 
that if said applicant wishes to take said fish or smelt for 
three consecutive days, one dollar and fifty cents, and the 
agent shall thereupon issue a nonresident fishing license for 
said time only, under the restrictions of this title. 

4. Increase of Agent's Fee. Amend section 7 of chapter 
247 of the Revised Laws by striking out the word "fifteen" 
and inserting in place thereof the word, twenty-five, so that 
said section as amended shall read as follows: 7. Agent's 
Accounting. The agent shall collect from the licensee a fee 
of twenty-five cents for each hcense issued and shall account 
to the director for the full face value of the licenses. He 
shall on the first day of each month, pay to the director the 
full face value of all licenses sold and shall report the names 
and addresses of all persons to whom licenses have been sold 
and such other information as may be requested on blanks to 
be furnished by the director. 

,5. Application. Amend the first paragraph of section 6 
of chapter 247 of the Revised Laws by striking out the word, 
"fifteen" and inserting in place thereof the word, twenty-five, 
so that said first paragraph as amended shall read as follows : 
The applicant shall fill out and subscribe to a blank to be 



320 Chapter 218 [1947 

furnished by the director and pay the agent the following 
fees, in addition to the fee of twenty-five cents, as provided in 
section 7. 

6. Takes Effect. This act shall take effect January 1, 
1948. 

[Approved June 23, 1947.] 



CHAPTER 218. 
AN ACT RELATING TO THE TERM OF THE LIQUOR COMMISSIONERS. 

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

1. State Liquor Commission. Amend section 2 of chapter 
170 of the Revised Laws by striking out the same and insert- 
ing in place thereof the following new section : 2. Commis- 
sion. There shall be a state liquor commission consisting of 
three members appointed by the governor with the consent 
of the council. Not more than two members shall belong to 
the same political party. Each member shall hold office for a 
term of six years and until his successor has been appointed 
and qualified. If a vacancy shall occur in said commission, 
it shall be filled for the remainder of the term. Any or all of 
said commissioners may be removed by the governor and 
council for cause. 

2. Appointments. The term of the commissioner which at 
the time of the passage of this act ends on July 1, 1947, shall 
be filled for a term of six years ; the term of the commissioner 
which at the time of the passage of this act ends on July 1, 

1948, is hereby continued to July 1, 1949, when it shall be 
filled for a term of six years; the term of the commissioner 
which at the time of the passage of this act ends on July 1, 

1949, is hereby continued to July 1, 1951, when it shall be 
filled for a term of six years. 

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

[Approved June 23, 1947.] 



1947] Chapter 219 321 

CHAPTER 219. 

AN ACT FOR COUNTY COOPERATIVE EXTENSION WORK IN 
AGRICULTURE AND HOME ECONOMICS. 

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

1. University of New Hampshire. Amend chapter 222 of 
the Revised Laws by inserting after section 17 the following 
new section: 17-a. County Extension Work. There shall be 
appropriated annually by the state the sum of sixty-one thou- 
sand dollars for the purpose of conducting cooperative exten- 
sion work in agriculture and home economics in the various 
counties of the state in cooperation with the federal depart- 
ment of agriculture and the said counties and in furtherance 
of the so-called Smith-Lever Act as accepted by the state under 
the provisions of chapters 194 and 195 of the Laws of 1915. 
The sums herein appropriated shall be expended through the 
New Hampshire College of Agriculture and the Mechanic Acts 
and the University of New Hampshire. From said appro- 
priation there shall be paid not exceeding the sum of fifty- 
four hundred dollars per year toward the maintenance of a 
county agricultural agent, a home demonstration agent and 
a club agent in any county which shall appropriate an equal 
amount for said purposes in said county; and there shall be 
paid not exceeding the sum of eighteen hundred dollars, per 
year, toward the maintenance of each assistant agent in any 
county which shall appropriate an equal amount for said pur- 
pose in said county. The sums hereinbefore appropriated 
shall be paid to the treasurer of the university and college 
in four equal installments on the first day of July, October, 
January and April of each fiscal year. 

2. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved June 23, 1947.] 



322 Chapter 220 [1947 

CHAPTER 220. 

AN ACT RELATIVE TO ADVERTISING OF LIQUOR AND BEVERAGES 

AND RELATING TO PROHIBITED INTERESTS BY HOLDERS OF 

WHOLESALER'S PERMITS. 

Be it eTiacted by the Semate and House of Representatives in 
General Court convened: 

1. Liquor and Beverages. Amend section 42 of chapter 
170 of the Revised Laws by adding at the end thereof the 
words, provided further that all advertising of liquor and 
beverages within the state through the medium of billboards 
is prohibited, so that said section as amended shall read as 
follows: 42. Advertising. All advertising of liquor or 
beverages within the state, other than through the medium 
of newspapers, magazines, periodicals, and radio broadcasting, 
is hereby prohibited except as specifying authorized by the 
commission, provided further that all advertising of liquor 
and beverages within the state through the medium of bill- 
boards is prohibited. 

2. Off -Sale Permits. Amend section 69 of chapter 170 of 
the Revised Laws by inserting after the words "off-sale per- 
mit," in the second line the words, with respect to the prem- 
ises designated in such manufacturer's or wholesaler's permit, 
so that said section, as amended, shall read as follows: 69. 
Restriction. The holder of a manufacturer's or wholesaler's 
permit may not hold an on-sale permit but may hold one off- 
sale permit with respect to the premises designated in such 
manufacturer's or wholesaler's permit. The holder of a whole- 
saler's permit shall maintain a regular place of business in 
this state. The holder of a manufacturer's permit shall not 
sell beverages to other permittees by virtue of such permit 
unless such beverages were manufactured in this state. Re- 
tail permittees shall purchase only from holders of a whole- 
saler's or manufacturer's permit. 

3. Wholesalers. Amend chapter 170 of the Revised Laws 
by inserting after section 69 thereof the following new sec- 
tion : 69-a. Prohibited Interests. Except as provided under 
section 69, no holder of a wholesaler's permit and no officer, 
director, stockholder, employee or agent of the holder of a 
wholesaler's permit shall through interlocking stock owner- 
ship, interlocking directors, or otherwise, have an interest, 



1947] Chapters 221, 222 323 

either direct or indirect, in the business of the holder of an 
on-sale or off-sale permit. Nothing herein shall be construed 
to apply to normal credit relations between permittees as 
provided by law. 

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

[Approved June 25, 1947.] 



CHAPTER 221. 



AN ACT RELATING TO THE DELIVERY OF TAX LISTS TO 
COLLECTORS. 

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

1. Amendment. Amend section 9, chapter 77, of the 
Revised Laws by inserting after the word "assessors" in the 
second line the words, or upon its own motion; so that said 
section as amended shall read as follows: 9. Delivery; 
Notice. Such list shall be delivered to the collector on or be- 
fore July first of each year, but upon application by the 
assessors, or upon its own motion, the tax commission for good 
cause may extend the time of such delivery. The collector 
shall, on or before September first, or within thirty days after 
the receipt of such list by him, send to every person taxed, 
or his agent, if known, a bill of his taxes. 

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

[Approved June 25, 1947.] 



CHAPTER 222. 

AN ACT RELATING TO THE TAKING OF DEER. 

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

1. Method of Taking Wild Deer. Amend chapter 242 of 
the Revised Laws by inserting after section 4 the following 



324 Chapter 223 [1947 

new section: 4-a. Limitation. Notwithstanding the pro- 
visions of section 4, wild deer shall not be taken by the use of 
a 22 cal. rimfire firearm at any time. 

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

[Approved June 25, 1947.] 



CHAPTER 223. 



AN ACT RELATING TO ISOLATED, ABANDONED OR WASTING 
REAL ESTATE. 

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

1, Acquisition. Amend section 18 of chapter 51 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 18. Isolated Dwellings; Aban- 
doned or Wasting Real Estate. Whenever a town may find that 
real estate in said town is in an isolated location and is un- 
economic for farm or home use or has been abandoned or 
allowed to go to waste, said town may at any legal meeting 
grant and vote such sums as it may judge necessary to pur- 
chase or rent said property and for the repair and improve- 
ment of any buildings thereon for the purpose of getting said 
land and buildings back into productive use and shall by vote 
authorize the selectmen to make such purchase or such im- 
provements and repairs and to use or dispose of said property. 
The property acquired under the provisions hereof may be 
used or disposed of for such recreational, forestry or other 
purposes as the town may deem to be in the public interest, 
or may be sold at public auction or private sale by the select- 
men or their authorized agents when in the opinion of the 
selectmen such sale would result in increasing the taxable 
valuation of the town, or be for the public interest. 

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

[Approved June 25, 1947.] 



1947] Chapter 224 325 

CHAPTER 224. 

AN ACT RELATIVE TO INDEMNITY FOR CONDEMNED DOMESTIC 
ANIMALS. 

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

1. Condemned Domestic Animals, Indenmity. Amend sec- 
tion 2 of chapter 137, Laws of 1945, by striking out the words 
"six hundred thousand" in the fourth line and inserting in 
place thereof the words, seven hundred thousand, so that said 
section as amended shall read as follows : 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 seven hundred thou- 
sand dollars, upon the credit of the state, and for that pur- 
pose may issue bonds and notes in the name and on behalf of 
the state of New Hampshire, at a rate of interest to be so 
determined at the time of consent to the issue, and said in- 
terest to be payable semi-annually. Such bonds or notes 
shall be in such form and such denominations as the governor 
and council may determine, may be registerable as to both 
principal and interest, and shall be countersigned by the gov- 
ernor and shall be deemed a pledge of the faith and credit of 
the state. 

2. Increase. Amend section 4 of said chapter 137 by 
striking out the words "six hundred thousand" in the last 
hne and inserting in place thereof the words, seven hundred 
thousand, so that said section as amended shall read as 
follows: 4. Short-Time Notes. Prior to the issuance of 
serial bonds or notes hereunder the treasurer, with the con- 
sent of the governor and council, may for the purposes hereof 
borrow money from time to time on short-time loans which 
may be refunded by the issuance of bonds or notes hereunder, 
provided, however, that at no time shall the indebtedness of 
the state on such short-time loans and said bonds or notes 
exceed the said sum of seven hundred thousand dollars. 

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

[Approved June 25, 1947.] 



326 Chapters 225, 226 [1947 

CHAPTER 225. 

AN ACT RELATING TO 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 appropriation provided for by 
chapter 91 of the Laws of 1945 for the conduct of an aerial 
survey of the state of New Hampshire shall not lapse but 
shall be available for the purposes of said act for the period 
of four years from the passage of this act. 

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

[Approved June 25, 1947.] 



CHAPTER 226. 



AN ACT RELATING TO 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. Park Improvements. The appropriation provided for 
by chapter 173 of the Laws of 1945 for the improvement of 
the park and recreational areas adjacent to the General John 
Sullivan Memorial and the Alexander Scammell bridges shall 
not lapse but shall be available for the purposes of said act 
for the period of four years from the passage of this act. 

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

[Approved June 25, 1947.] 



1947] Chapter 227 327 

CHAPTER 227. 

AN ACT TO PROVIDE FOR THE VOLUNTARY REGISTRATION OF REAL 
ESTATE BROKERS AND SALESMEN. 

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

1. Definitions. Certain terms used in this act shall be 
construed as follows unless a different meaning is clearly 
apparent from the language or context: 

"Commissioner" means the insurance commissioner. 

"Real estate broker" means a person, firm, partnership, 
association or corporation who for a consideration lists for 
sale, sells, exchanges or offers for sale or exchange, buys or 
offers to buy or negotiates the purchase, exchange or sale of 
real estate, or rents or offers to rent real estate or improve- 
ments therein, as a whole or partial vocation. 

"Real estate salesman" means a person employed by a 
real estate broker to list for sale, sell or offer for sale, to buy 
or offer to buy or to negotiate the purchase, sale or exchange 
of real estate for or in behalf of such real estate broker. 

"Non-resident broker" means a real estate broker as here- 
in defined who resides outside the state but deals in New 
Hampshire property. 

2. Powers. Full power to control the issuance, re- 
vocation and suspension of registrations under the provisions 
of this chapter shall be vested in the commissioner. He shall 
have power to make reasonable rules and regulations to carry 
out the provisions of this chapter. He may from time to time 
publish and distribute a list of the names and addresses of all 
currently registered brokers and salesmen. 

3. Funds. The commissioner shall keep a separate ac- 
count, in the state treasurer's office, to be known as the real 
estate registration fund, to carry out the provisions of this 
chapter. Moneys received from payment of fees under this 
chapter shall be credited to the real estate registration fund. 
All moneys in the fund are hereby annually appropriated for 
the purposes of this chapter. Annual expenditures for the 
purposes of this chapter shall not exceed the amount of fees 
annually collected hereunder. 

4. Clerical Work. The commissioner is authorized to em- 



328 Chapter 227 [1947 

ploy such assistants, clerks or stenographers as may be neces- 
sary for the purposes hereof. 

5. Registration. A real estate registration shall be au- 
thority for one person to sell, offer for sale, exchange, rent or 
offer to rent, or negotiate the sale or exchange of real estate 
for compensation. There shall be two classes of registration : 
brokers and salesmen. A firm, partnership, association or 
corporation applying for registration as broker shall designate 
in its application the individual who is to serve as broker 
under registration. The initial fee for real estate broker's 
registration shall be fifteen dollars, for the annual renewal of 
such registration ten dollars; for the real estate salesman's 
registration, five dollars and for the annual renewal of such 
registration five dollars, which fees shall accompany the appli- 
cations. 

6. Time of Issuance. Registrations may be issued at any 
time during the year at the stipulated fee, and all such regis- 
trations shall expire one year after date of issue. 

7. Requirements of Registration. Applications for such 
registrations shall be made in writing to the commissioner, on 
such forms and in such manner and accompanied by such 
evidence in support of such applications as shall be prescribed 
by the commissioner. Applications for an original registra- 
tion shall be accompanied by the recommendation of three real 
estate owners in the county in which such applicant resides, 
certifying that the applicant bears a good reputation for 
honesty, competency and fair dealing. The application for a 
salesman's registration shall be accompanied by a written 
statement of the employing broker stating that in his opinion 
the applicant is honest, truthful and of good reputation. Upon 
being satisfied of each applicant's good repute, reliability and 
right to public confidence, the commissioner may register such 
applicant in the capacity requested in the application. 

8. Revocation or Suspension. After hearing and for cause 
shown the commissioner may revoke the registration of a real 
estate broker or salesman, or suspend the same for such 
period as the commissioner may deem proper, upon finding 
that such registrant has been found guilty of dishonest, de- 
ceitful or fraudulent conduct in connection with his business 
as such broker or salesman. 

9. Hearings. The commissioner before revoking or sus- 



1947] Chapter 227 329 

pending a registration, shall give the registrant at least ten 
days' notice prior to the date of hearing, of any charges made 
and shall afford such registrant an opportunity to be heard in 
person or by counsel in reference thereto. The hearing on 
such charges shall be at such time and place as the commis- 
sioner shall prescribe. The commissioner shall have the 
power to subpoena and bring before him any person in this 
state or to take testimony by deposition, in the same manner 
as is prescribed by law in judicial proceedings. He shall keep 
a complete stenographic record of his proceedings in such 
cases. Sheriffs and witnesses shall receive the same fees 
for the service of process and attendance before the commis- 
sioner as are paid sheriffs and witnesses in matters pending 
before the superior court. 

10. Decisions. The determinations of the commissioner 
shall be in writing and officially signed. The original of such 
determinations, when so signed, shall be filed in the office of the 
commissioner and copies thereof shall be mailed to the broker 
or salesman, addressed to his place of business, and to the 
complainant, within two days after the filing thereof. 

11. Appeal. The action of the commissioner in revoking 
or suspending or refusing to revoke or suspend a registration 
shall be subject to review by appeal to the superior court at 
the instance of the registrant, or the complainant, if any, 
within thirty days after the filing of the commissioner's 
decision. 

12. Nonresident Broker. A nonresident broker may make 
application in the same manner as a resident broker, except 
that his application shall be accompanied by the recom- 
mendation of five persons, two of whom shall be residents 
and real estate owners in New Hampshire and three of whom 
shall be real estate owners in the county in which the appli- 
cant resides. The fee for registration of a nonresident broker 
shall be the same as that prescribed for resident brokers. 

13. Sign and Card. The commissioner shall prepare and 
issue to each registrant a certificate of registration and a 
pocket card. 

14. Penalty. All registrations under this act shall be 
voluntary only, and nothing contained herein shall be 
construed to require any person to register in order to carry 
on business as a real estate broker or salesman. However, 
no person shall hold himself out to be a registered real estate 



330 Chapters 228, 229 [1947 

broker or registered real estate salesman nor advertise him- 
self as such, unless he has complied with the provisions of this 
act. Any person violating this or any other provision of this 
chapter shall be fined not more than one hundred dollars for 
each offense. 

15. Reports. The commissioner shall make a biennial re- 
port to the governor on or before the first day of December in 
each even year, including therein an account of his actions, 
receipts derived and expenses incurred under the provisions 
of this chapter. 

16. Takes Effect. This act shall take effect on July 1, 
1947. 

[Approved June 25, 1947.] 



CHAPTER 228. 

AN ACT RELATING TO EXPLOSIVES. 

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

1. Repeal. Chapter 178 of the Revised Laws relating to 
explosives is hereby repealed. 

2. Takes Effect. This act shall take effect December 31, 
1947. 

[Approved June 25, 1947.] 



CHAPTER 229. 



AN ACT TO PROVIDE FOR THE ELIMINATION OP UNNECESSARY AND 
OBSOLETE RECORDS, FILES AND REPORTS. 

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

1. Records and Files. The comptroller is hereby directed 
to employ such personnel with the approval of the governor 
and council as may be necessary to render aid and assistance 
in the housing and preserving of the surplus or obsolete 
records, files and reports belonging to the various state de- 
partments and to determine and provide for the destruction 



1947] Chapter 230 331 

of those records found to be unnecessary. Aid and advice 
shall be rendered to the end of preserving, storing, micro- 
filming or I [of] files of historical value or those that may be re- 
quired to be kept by law. The heads of all departments or 
subdivisions thereof are directed to cooperate, assist and make 
use of the service thus established. In this connection with 
the approval of the governor and council, there may be estab- 
lished, systems for micro-filming and securing of proper files, 
cabinets and other facilities, to store this work and create 
proper preservation of valuable records. 

2. Appropriations. The sum of ten thousand dollars 
($10,000) is hereby appropriated or as much thereof as may 
be needed 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. Each department shall assume its 
proportionate part of cost of operation, the comptroller to 
determine the amount which each department is to be 
charged. 

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

[Approved June 25, 1947.] 



CHAPTER 230. 



AN ACT RELATING TO AUTOMOBILE LIABILITY INSURANCE AND 
FINANCIAL RESPONSIBILITY. 

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

1. Amend paragraph I of section 20 of chapter 122 of the 
Revised Laws by striking out said paragraph and inserting in 
place thereof the following: I. By filing with the commis- 
sioner a certificate, as defined in section 1, of an insurance 
company or of a surety company to satisfy any judgment or 
judgments for damages resulting from an accident reported 
to the commissioner under the provisions of section 19 of 
chapter 118. Financial responsibility in the future may be 
given by filing with the commissioner a continuous certificate 
which shall be a certificate as defined in section 1, of an in- 



332 Chapter 230 [1947 

surance company or of a surety company, to provide the 
amount of proof of financial responsibility required under the 
provisions of section 19 of this chapter. Every continuous 
certificate shall remain in effect until ten days after written 
notice is received by the commissioner that said continuous 
certificate will be cancelled. Whenever another motor vehicle, 
trailer or semi-trailer replaces a motor vehicle, trailer or semi- 
trailer described in a continuous certificate such continuous 
certificate covering such described motor vehicle, trailer or 
semi-trailer shall apply automatically to such other motor 
vehicle, trailer or semi-trailer registered by the insured as of 
the date of its registration to the insured and for the period, 
if any, not exceeding five days prior to such registration when 
said motor vehicle, trailer or semi-trailer is operated on 
temporary plates and for a period of fifteen days after the 
date of registration, unless said ten-day period after written 
notice is received by the commissioner has theretofore ex- 
pired. Such continuous certificate shall likewise apply auto- 
matically to any additional motor vehicle, trailer or semi- 
trailer acquired by the insured as of the date of its regis- 
tration to the insured and for the period, if any, not exceed- 
ing five days prior to such registration when such motor 
vehicle, trailer or semi-trailer is operated on temporary plates 
and for a period of fifteen days after the date of registration, 
unless said ten-day period after written notice is received by 
the commissioner has theretofore expired; provided however, 
that the insurance company or surety company insures all 
automobiles, trailers, and semi-trailers owned by the named 
insured at such date of registration, and that such continuous 
certificate shall apply to such additional motor vehicle, trailer 
or semi-trailer only to the extent the insurance is applicable 
to all such previously owned motor vehicles, trailers, and semi- 
trailers. 

2. Takes Effect. This act shall take eflfect on August 1, 
1947. 

[Approved June 25, 1947.] 



1947] Chapters 231, 232 833 

CHAPTER 231. 

AN ACT EMPOWERING THE GOVERNOR AND COUNCIL TO REMOVE 
CERTAIN PUBLIC OFFICIALS FOR CAUSE. 

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

1. Public Officials. Amend chapter 27 of the Revised Laws 
by inserting after section 47 the following new subdivision : 

Governor and Council May Remove Certain 
Public Officials for Cause 
48. Removal for Cause. No commissioner, director, super- 
intendent or other executive head of a state department, 
agency or institution appointed by a state board, commission, 
or trustees of a state institution, whose tenure of office is in- 
determinate, shall be discharged or removed except by the 
governor and council for malfeasance, misfeasance, or in- 
efficiency in office, or incapacity or unfitness to perform his 
duties, or for the good of the department, agency or insti- 
tution. The attorney general, or the board, commission or 
trustees which appointed any such public official may petition 
the governor and council for his removal, setting forth the 
grounds or reasons therefor. The governor and council shall 
hold a pubhc hearing upon such petition, giving due notice 
thereof to such public official not less than thirty days before 
the hearing, and shall, if they find, upon due hearing, good 
cause for removal of such official, order his removal from 
public office. 

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

[Approved June 25, 1947.] 



CHAPTER 232. 



AN ACT TO INCREASE THE SALARIES OF THE JUSTICES OF CERTAIN 
MUNICIPAL COURTS. 

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

1. Salaries of Justices. Amend paragraph I and para- 
graph II of section 31 of chapter 377 of the Revised Laws by 



334 Chapter 232 [1947 

striking out said paragraphs and inserting in place thereof 
the following: 

I. Salaries of Justices. Salaries of justices of municipal 
courts shall be paid from the treasury of the city or town in 
which such courts are located, may be paid quarterly or 
monthly, and shall be in the following sums per annum: 

In Manchester, three thousand eight hundred dollars; 

In Nashua, two thousand eight hundred dollars; 

In Concord, two thousand eight hundred dollars; 

In Portsmouth, one thousand eight hundred dollars; 

In Dover, one thousand eight hundred dollars; 

In Laconia, one thousand eight hundred dollars; 

In Keene, one thousand eight hundred dollars; 

In Claremont, one thousand eight hundred dollars; 

In Berlin, one thousand eight hundred dollars; 

In Rochester, one thousand two hundred dollars; 

In Lebanon, one thousand dollars; 

In Newport, nine hundred dollars; 

In Derry, nine hundred dollars; 

In Franklin, nine hundred dollars; 

In Exeter, eight hundred dollars; 

In Somersworth, eight hundred dollars; 

In Littleton, eight hundred dollars; 

In Milford, six hundred dollars. 

II. In all other towns, not provided for above, as follows : 
In towns of not less than two thousand nor more than five 
thousand inhabitants, four hundred dollars, unless otherwise 
voted by the town, but not less than two hundred dollars. In 
towns of less than two thousand inhabitants, one hundred 
dollars and such further sum as such town may vote. 

2. Takes Effect. This act shall take effect upon its 
passage, provided, however, that in towns (excluding cities) 
which have already adopted budgets and made appropriations 
for the fiscal year 1947 without provision for the foregoing in- 
creases, this act shall take effect at the beginning of the fiscal 
year 1948. 

[Approved June 25, 1947.] 



1947] Chapter 233 335 

CHAPTER 233. 

AN ACT RELATIVE TO QUALIFICATIONS FOR THE PRACTICE OF 
CHIROPODY. 

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

1. The Practice of Chiropody. Amend section 1, chapter 
254, Revised Laws by inserting after the word "chiropody" 
in the ninth line the words, maintaining at that time a stan- 
dard satisfactory to the board and, so that said section as 
amended shall read as follows : 1. Requirements. Any per- 
son admitted to practice chiropody in this state shall have an 
intelligent comprehension of such rudiments of anatomy and 
surgery, including the medical use of antiseptic and dis- 
infecting agencies as the state board of examiners in 
chiropody may prescribe as necessary, and shall be required 
to pass an examination before said board. He shall be of 
good moral character and at least twenty-one years of age. 
He shall have had a high school education and received a 
diploma or certificate of graduation from a legally incorpo- 
rated, regularly established and recognized college of 
chiropody, maintaining at that time a standard satisfactory 
to the board, and having a minimum course of three thousand 
one hundred and twenty hours in three different calendar 
years. No person who is not a licensed chiropodist as pro- 
vided by section 8 shall practice or attempt to practice 
chiropody in the state or designate or describe his occupation 
by the use of any words or letters calculated to lead others to 
believe that he is so licensed. 

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

[Approved June 25, 1947.] 



336 Chapter 234 [1947 

CHAPTER 234. 

AN ACT RELATIVE TO THE CLOSING OF COUNTY OFFICES ON 
SATURDAYS. 

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

1. Registers of Deeds. Amend section 11, chapter 49, Re- 
vised Laws, by striking out the same and inserting in place 
thereof the following: 11. OflBce Hours. Every register 
shall keep his office open daily, except Sundays and legal holi- 
days. It may be closed on Saturday afternoons. It may also 
be closed on Saturday mornings during the months of June, 
July, August and September if not incompatible with public 
business; provided however, that the register may keep his 
office open on Saturday mornings during said months in the 
custody of a single custodian whenever he deems it necessary. 

2. Registers of Probate. Amend section 2, chapter 347, 
Revised Laws, by striking out said section and inserting 
in place thereof the following: 2. Office Hours. Every 
register shall keep his office open daily, except Sundays and 
legal hoHdays. It may be closed on Saturday afternoons. It 
may also be closed on Saturday mornings during the months 
of June, July, August and September if not incompatible with 
public business ; provided however, that the register may keep 
his office open on Saturday mornings during said months in 
the custody of a single custodian whenever he deems it 
necessary. 

3. Clerk of Superior Court. Amend section 3, chapter 
374, Revised Laws, by striking out said section and inserting 
in place thereof the following: 3. Office Hours. The office 
of the clerk shall be kept in a town in which a term of court 
for the county is required to be holden. He shall keep his 
office open daily except Sundays and holidays. It may be 
closed on Saturday afternoons. It may also be closed on Sat- 
urday mornings during the months of June, July, August and 
September if not incompatible with pubhc business; provided 
however, that the clerk may keep his office open on Saturday 
mornings during said months in the custody of a single cus- 
todian whenever he deems it necessary. 

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

[Approved June 26, 1947.] 



1947] Chapter 235 337 

CHAPTER 235. 

AN ACT RELATIVE TO RATING ORGANIZATIONS. 

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

1. Regulation of Rates. Amend the Revised Laws by in- 
serting after chapter 329 the following new chapter: 

Chapter 329-A 
Insurance Rating Organizations 
1. Rating Organizations, (a) A corporation, an unin- 
corporated association, a partnership or an individual, whether 
located within or outside this state, may make application to 
the commissioner for license as a rating organization for such 
kinds of casualty insurance or subdivisions thereof, or for 
such kinds of fire, marine and inland marine insurance or sub- 
division or class of risk or a part or combination thereof as 
are specified in its application and shall file therewith (1) a 
copy of its constitution, its articles of agreement or asso- 
ciation or its certificate of incorporation, and of its by-laws, 
rules and regulations governing the conduct of its business, 
(2) a Hst of its members and subscribers, (3) the name and 
address of a resident of this state upon whom notices or 
orders of the commissioner or process affecting such rating 
organization may be served and (4) a statement of its qualifi- 
cations as a rating organization. If the commissioner finds 
that the applicant is competent, trustworthy and otherwise 
qualified to act as a rating organization and that its consti- 
tution, articles of agreement or association or certificate of in- 
corporation, and its by-laws, rules and regulations governing 
the conduct of its business conform to the requirements of 
law, he shall issue a license specifying the kinds of insurance, 
or subdivision or class of risk or part or combination thereof 
for which the applicant is authorized to act as a rating organi- 
zation. Every such application shall be granted or denied in 
whole or in part by the commissioner within sixty days of 
the date of its filing with him. Licenses issued pursuant to 
this section shall remain in effect for three years unless sooner 
suspended or revoked by the commissioner. The fee for said 
license shall be twenty-five dollars. Licenses issued pursuant 
to this section may be suspended or revoked by the commis- 



338 Chapter 235 [1947 

sioner, after hearing upon notice, in the event the rating 
organization ceases to meet the requirements of this sub- 
section. Every rating organization shall notify the commis- 
sioner promptly of every change in (1) its constitution, its 
articles of agreement or association, or its certificate of in- 
corporation, and its by-laws, rules and regulations governing 
the conduct of its business, (2) its list of members and sub- 
scribers and (3) the name and address of the resident of this 
state designated by it upon whom notices or orders of the com- 
missioner or process affecting such rating organization may 
be served. 

(b) Subject to rules and regulations which have been 
approved by the commissioner as reasonable, each rating 
organization shall permit any insurer, not a member, to be a 
subscriber to its rating services for any kind of casualty in- 
surance or subdivision thereof, or for any kind of fire, marine 
and inland marine insurance or subdivision or class of risk 
or a part or combination thereof for which it is authorized 
to act as a rating organization. Notice of proposed changes in 
such rules and regulations shall be given to subscribers. Each 
rating organization shall furnish its rating services without 
discrimination to its members and subscribers. The reason- 
ableness of any rule or regulation in its application to sub- 
scribers, or the refusal of any rating organization to admit 
an insurer as a subscriber, shall, at the request of any sub- 
scriber or any such insurer, be reviewed by the commissioner 
at a hearing held upon at least ten days' written notice to such 
rating organization and to such subscriber or insurer. If 
the commissioner finds that such rule or regulation is un- 
reasonable in its application to subscribers, he shall order 
that such rule or regulation shall not be applicable to sub- 
scribers. If the rating organization fails to grant or reject 
an insurer's application for subscribership within thirty days 
after it was made, the insurer may request a review by the 
commissioner as if the application had been rejected. If the 
commissioner finds that the insurer has been refused ad- 
mittance to the rating organization as a subscriber without 
justification, he shall order the rating organization to admit 
the insurer as a subscriber. If he finds that the action of 
the rating organization was justified, he shall make an order 
affirming its action. 

(c) No rating organization shall adopt any rule the 



1947] Chapter 235 389 

effect of which would be to prohibit or regulate the payment 
of dividends, savings or unabsorbed premium deposits allowed 
or returned by insurers to their policyholders, members or 
subscribers. 

(d) Cooperation among rating organizations or among 
rating organization and insurers in rate making or in other 
matters permitted by law is hereby authorized, provided the 
filings resulting from such cooperation are subject to all the 
provisions of law applicable to filings generally. The commis- 
sioner may review such cooperative activities and practices 
and if, after a hearing, he finds that any such activity or 
practice is unfair or unreasonable or otherwise inconsistent 
with the provisions of law, he may issue a written order 
specifying in what respects such activity or practice is unfair 
or unreasonable or otherwise inconsistent with law, and re- 
quiring the discontinuance of such activity or practice. 

(e) Any rating organization may provide for the ex- 
amination of policies, daily reports, binders, renewal certifi- 
cates, endorsements or other evidences of insurance, or the 
cancellation thereof, and may make reasonable rules govern- 
ing their submission. Such rules shall contain a provision 
that in the event any insurer does not within sixty days 
furnish satisfactory evidence to the rating organization of 
the correction of any error or omission previously called to 
its attention by the rating organization, it shall be the duty 
of the rating organization to notify the commissioner thereof. 
All information so submitted for examination shall be con- 
fidential. Domestic mutual insurance companies which issue 
assessable policies and are subscribers to such rating organi- 
zations shall be permitted to avail themselves of such examin- 
ing services but shall not be required to submit policies, daily 
reports, binders, renewals, endorsements or other evidences of 
insurance or the cancellation thereof or other details of busi- 
ness to any such rating organization or its inspection bureau. 

(f) Any rating organization may subscribe for or pur- 
chase actuarial, technical or other services, and such services 
shall be available to all members and subscribers without dis- 
crimination. 

2. Deviations, (a) Every member of or subscriber to a 
rating organization making fire and marine rates shall adhere 
to the filings made on its behalf by such organization except 



340 Chapter 235 [1917 

that any such insurer may make written application to the 
commissioner for permission to file a deviation from the class 
rates, schedules, rating- plans or rules respecting: any kind of 
insurance, or class of risk within a kind of insurance, or com- 
bination thereof. Such application shall specify the basis for 
the modification, and a copy thereof shall also be sent simul- 
taneously to such rating- organization. In considering the 
application for permission for filing such deviation, the com- 
missioner shall give consideration to the available statistics 
and the principles for rate making as provided in section 3 of 
chapter 329-A for fire and marine insurance. 

(b) Every member of or subscriber to a rating organi- 
zation making casualty rates shall adhere to the filings made 
on its behalf by such organization except that any such in- 
surer may make written application to the commissioner for 
permission to file a uniform percentage decrease or increase 
to be applied to the premiums produced by the rating systems 
so filed for a kind of insurance, or for a class of insurance 
which is found by the commissioner to be a proper rating unit 
for the application of such uniform percentage decrease or 
increase, or for a subdivision of a kind of insurance (1) com- 
prised of a group of manual classifications which is treated as 
a separate unit for rate making purposes, or (2) for which 
separate expense provisions are included in the filings of the 
rating organization. Such application shall specify the basis 
for the modification and shall be accompanied by the data 
upon which the applicant relies. A copy of the application 
and data shall be sent simultaneously to such rating organi- 
zation. 

(c) The commissioner shall set a time and place for a 
hearing at which the insurer and such rating organization 
may be heard and shall give them not less than ten days' 
written notice thereof. In the event the commissioner is 
advised by the rating organization that it does not desire a 
hearing, he may. upon the request of the applicant, waive such 
hearing. 

(d) The commissioner shall issue an order permitting 
the deviation for such insurer to be filed if he finds it to be 
justified and it shall thereupon become efi'ective. He shall 
issue an order denying such application if he finds that the 
deviation is not justified or that the resulting premiums would 



1947] CiiAPTKR 2^r^ 341 

1)0 excessive, inadeqiinte or unfjiirly diseriniinatory. Each 
deviation permitted to be filed shall be ed'ective for a period 
of one year from the date of such permission unless tei-mi- 
nated sooner with the approval of the commissioner. 

:{. Appeal by Minority. Any member of or subscriber 
to a rating' organization may appeal to the commissioner from 
the action or decision of such rating? organization in approving- 
or rejecting any proposed change in or addition to the fdirlgs 
of such rating oi'ganization and the commissioner shall, after 
a hearing held ui)on not less than ten days' written notice to 
the appellant and to such rating organization, issue an order 
a|)proving tiu? action or decision of such rating organization 
or directing it to give further consideration to such i)roi)()sal, 
or, if sucji appeal is from the action or decision of the rating 
organization in rejecting a proi)osed addition to its filings, he 
may, in the event he finds that such action or decision was 
unreasonable, issue an order directing the rating organization 
to make an addition to its filings, on behalf of its members 
and subscribers, in a manner consistent with his findings, 
within a reasonable time after the issuance of such order. If 
such app(>al is based upon the failure of a casualty rating 
organization to make a (iling on behalf of such member or 
subscriber which is based on a system of exi)ense provisions 
which differs from the system of expense provisions included 
in a filing made by tlie rating organization, the commissioner 
shall, if he grants the appeal, ordei- the rating organization 
to make the requested filing for use by the appellant. 

4. Advisory Organizations, (a) Every group, asso- 
ciation or other organization of insurers, whether located 
within or outside this state, which assists insurers which 
make their own filings or rating organizations in rate making, 
by the collection and furnisliing of loss or expense statistics, 
or by the submission of recommendations, but which does not 
make rate filing's, shall be known as an advisory organization. 

(b) Every advisory organization shall file with the 
commissioner (1) a copy of its constitution, its articles of 
agreement or association or its certificate of incorporation- and 
of its by-laws, rules and regulations governing its activities, 
(2) a list of its members, (3) the name and address of a resi- 
dent of this state upon whom notices or orders of the commis- 
sioner or process issued at liis direction may be served, and 



342 Chapter 235 [1947 

(4) an agreement that the commissioner may examine such 
advisory organization in accordance with the provisions of 
section 6 of this chapter. 

(c) If, after a hearing, the commissioner finds that the 
furnishing of such information or assistance involves any act 
or practice which is unfair or unreasonable or otherwise in- 
consistent with the provisions of this chapter, he may issue a 
written order specifying in what respects such act or practice 
is unfair or unreasonable or otherwise inconsistent with the 
provisions of this chapter, and requiring the discontinuance 
of such act or practice. 

(d) No insurer which makes its own filings nor any 
rating organization shall support its filings by statistics or 
adopt rate making recommendations, furnished to it by an 
advisory organization which has not complied with this section 
or with an order of the commissioner involving such statistics 
or recommendations issued under subsection (c) of this sec- 
tion. If the commissioner finds such insurer or rating organi- 
zation to be in violation of this subsection he may issue an 
order requiring the discontinuance of such violation, 

5. Joint Underwriting or Joint Reinsurance, (a) Every 
group, association or other organization of insurers which en- 
gages in joint underwriting or joint reinsurance, shall be sub- 
ject to regulation with respect thereto as herein provided. 

(b) If, after a hearing, the commissioner finds that any 
activity or practice of any such group, association or other 
organization is unfair or unreasonable or otherwise incon- 
sistent with the provisions of this chapter, he may issue a 
written order specifying in what respects such activity or 
practice is unfair or unreasonable or otherwise inconsistent 
with the provisions of this chapter, and requiring the dis- 
continuance of such activity or practice. 

6. Examinations. The commissioner shall, at least once in 
five years, make or cause to be made an examination of each 
rating organization licensed in this state as provided in sec- 
tion 1 and he may, as often as he may deem it expedient, make 
or cause to be made an examination of each advisory organi- 
zation referred to in section 4 and of each group, association 
or other organization referred to in section 5. The reason- 
able costs of any such examination shall be paid by the rating 
organization, advisory organization, or group, association or 



1947] Chapter 235 343 

other org-anization examined upon presentation to it of a de- 
tailed account of such costs. The officers, manager, agents 
and employees of such rating organization, advisory organi- 
zation, or group, association or other organization may be 
examined at any time under oath and shall exhibit all books, 
records, accounts, documents, or agreements governing its 
method of operation. In lieu of any such examination the 
commissioner may accept the report of an examination made 
by the insurance supervisory official of another state, pursuant 
to the laws of such state. 

7. Rate Administration, (a) Recording and Report- 
ing of Loss and Expense Experience. The commissioner may 
promulgate reasonable rules and statistical plans, reasonably 
adapted to each of the rating systems on file with him, which 
may be modified from time to time and which shall be used 
thereafter by each insurer in the recording and reporting of 
its loss and countrywide expense experience, in order that the 
experience of all insurers may be made available at least 
annually in such form and detail as may be necessary to aid 
him in determining- whether rating systems comply with the 
standards set forth by law. Such rules and plans may also 
provide for the recording and reporting of expense experience 
items which are specially applicable to this state and are not 
susceptible of determination by a prorating of countrywide 
expense experience. In promulgating such rules and plans, 
the commissioner shall give due consideration to the rating 
systems on file with him, and in order that such rules and 
plans may be as uniform as is practicable among the several 
states, to the rules and to the form of the plans used for such 
rating systems in other states. No insurer shall be required 
to record or report its loss experience on a classification basis 
that is inconsistent with the rating system filed by it. The 
commissioner may designate one or more rating organizations 
or other agencies to assist him in gathering such experience 
and making compilations thereof, and such compilations 
shall be made available, subject to reasonable rules promul- 
gated by the commissioner, to insurers and rating organi- 
zations. 

(b) Interchange of Rating Plan Data. Reasonable 
rules and plans may be promulgated by the commissioner for 
the interchange of data necessary for the application of rating- 
plans. 



344 Chapter 235 [1947 

(c) Consultation with Other States. In order to 
further uniform administration of rate regulatory laws, the 
commissioner and every insurer and rating organization may 
exchange information and experience data with insurance 
supervisory officials, insurers and rating organizations in 
other states and may consult with them with respect to rate 
making and the application of rating systems. 

(d) Rules and Regulations. The commissioner may 
make reasonable rules and regulations necessary to effect the 
purposes of this chapter. 

8. False or Misleading Information. No person or 
organization shall wilfully withhold information from, or 
knowingly give false or misleading information to, the com- 
missioner, any statistical agency designated by the commis- 
sioner, any rating organization, or any insurer, which will 
affect the rates or premiums chargeable. A violation of this 
section shall subject the one guilty of such violation to the 
penalties provided in section 10 of this chapter. 

9. Hearing and Appeal. Any insurer or organization 
aggrieved by any order or decision of the commissioner shall 
be entitled to a rehearing and appeal in accordance with the 
provisions of chapter 414. 

10. Penalty. Any insurer or organization wilfully 
violating any of the provisions of this chapter may be subject 
to a fine of not more than five hundred dollars. The commis- 
sioner may suspend or revoke the license of any insurer or 
organization for any violation of this chapter or the failure to 
comply with an order of the commissioner issued hereunder. 

11. Severability. If any provision of this chapter is 
held invalid, the remainder of the chapter shall not be affected 
thereby. 

2. Repeal. Section 15 of chapter 325 of the Revised Laws 
relating to rate combinations is hereby repealed. 

3. Takes Effect. This act shall take effect on October 1, 
1947. 

[Appro\^d June 26, 1947.] 



1947] Chapter 236 345 

CHAPTER 236. 

AN ACT RELATIVE TO TRANSFERENCE OF THE POWERS AND DUTIES 

OF THE COLLECTOR OF TAXES TO THE TOWN MANAGER 

IN CERTAIN CASES. 

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

1. Town Manager. Amend section 5, chapter 55 of the 
Revised Laws by inserting after the word "taxes" in the 
seventh line the words, except as otherwise provided in sec- 
tion 16, so that said section as amended shall read as follows : 
5. General Authority. The town manager shall be the ad- 
ministrative head of all departments of the town and be re- 
sponsible for the efficient administration thereof, except as 
herein otherwise provided. He shall have general supervision 
of the property and business affairs of the town and of the 
expenditure of moneys appropriated by it for town purposes, 
but his authority shall not extend to warning town meetings, 
making by-laws, borrowing money, assessing or collecting 
taxes, except as otherwise provided in section 16, granting 
licenses, laying out highways, assessing damages, or any 
other functions of a judicial character vested by law in the 
selectmen or other town officers, nor to supervision of the 
offices of town clerk and town treasurer. 

2. Exception. Amend section 9 of said chapter 55 by add- 
ing at the end thereof the words, except as otherwise provided 
in section 16, so that said section as amended shall read as 
follows: 9. Incompatibility of Offices. The town manager 
during the time that he holds such appointment, may be 
manager of a district or precinct located wholly or mainly 
within the same town as hereinafter provided, and may be 
elected or appointed to any municipal office in such town or 
included district or precinct that would be subject to his 
supervision if occupied by another incumbent; but he shall 
hold no other public office except justice of the peace or 
notary public except as otherwise provided in section 16. 

3. Adoption of Provisions. Amend chapter 55 of the Re- 
vised Laws by adding after section 15, as inserted by chapter 
20, Laws of 1947, the following new section: 16. Collection 
of Taxes. Any town which, at any annual meeting, whether 
the same meeting at which the action hereinafter provided 



346 Chapter 237 [1947 

for is taken or otherwise, shall adopt or shall have adopted 
the provisions of this chapter in accordance with the pro- 
visions of this chapter, may further by vote of a majority of 
the legal voters of such town present and voting at an annual 
meeting under a proper article in the warrant therefor as 
above provided, provide that the powers and duties of the 
office of collector of taxes of such town shall be transferred 
from the office of collector of taxes to that of the town man- 
ager; and the office of collector of taxes shall thereupon cease 
and terminate, and all and any of the powers and duties of 
the collector of said town provided for by any provision of 
the laws now in effect or hereafter enacted shall be vested 
in the town manager of such town for so long as the vote of 
such town adopting the provisions of this chapter shall re- 
main unrescinded; provided, however, that in no village dis- 
trict or precinct which shall have adopted the provisions of 
this chapter under section 14 hereof, shall such town manager 
have the powers or duties incidental to the collection of taxes 
or rentals not based upon the assessed valuation of real estate, 
unless a majority of the legal voters present and voting at a 
district or precinct meeting of said district or precinct so vote 
under a proper article in the warrant therefor as above 
provided. 

4. Takes Effect. This act shall take effect upon its 
passage. 
. [Approved June 26, 1947.] 



CHAPTER 237. 

AN ACT RELATING TO THE SALE OF LIGHTNING RODS. 

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

1. Lightning Rods. Amend chapter 191 of the Revised 
Laws as amended by chapter 177 of the Laws of 1943 by 
striking out said chapter, and inserting in place thereof the 
following: 1. Dealer's License. No person, firm or corpo- 
ration shall sell, offer for sale, or install material used for 
the protection of buildings from damage by lightning, until 
authorized to do so by a license obtained from the insurance 
commissioner under the provisions of this chapter. 



1947] Chapter 237 347 

2. Prerequisites. No such license shall be issued until the 
insurance commissioner has approved of the material used or 
offered for sale by said dealer for the purpose of protecting 
from lightning-, and the manner and system of installing such 
material. Said approval shall be given only to those materials 
and systems of installation as have the prior approval of the 
Underwriters' Laboratories, Inc., and for which they will 
furnish Master Labels. Such approval shall not be given until 
the dealer has filed a bond with the commissioner in the sum 
of five thousand dollars to guarantee that all materials so 
used and the installation of said materials shall have the 
approval of the Underwriters' Laboratories, Inc., and in the 
event that said installation does not meet with the approval 
of the Underwriters' Laboratories, Inc., within ninety days 
from the completion of said installation, then said dealer forth- 
with shall reimburse the owner for the cost of said in- 
stallation, including labor and materials; nor until the com- 
missioner is satisfied that the dealer has complied with such 
requirements and is responsible and reliable as to assets, busi- 
ness standing and practices and is entitled to confidence; nor 
until said dealer has filed a written stipulation that legal 
process aflfecting such dealer or his agent served upon the 
commissioner for the time being shall have the same eflfect as 
if personally served upon such applicant or his agent within 
this state. 

3. Fee; Term; Revocation. Upon compliance with the 
terms of the two preceding sections, and upon payment to 
him of a fee of fifty dollars, the commissioner may issue a 
license to such dealer, to continue in force one year from date 
of issue. The license may be revoked at any time by the 
commissioner for good cause, after notice of hearing. 

4. Agent's License. Upon written notice from a dealer 
licensed under this chapter of the appointment of a suitable 
person to act as his agent in this state, the insurance com- 
missioner may, if he is satisfied that the appointee is a suit- 
able person, issue to him a license as such agent, upon the 
payment of a fee of ten dollars. Such license shall continue 
in force one year from date of issue, but may be revoked at 
any time by the insurance commissioner for good cause, after 
notice and hearing. 

5. Exhibiting License. Every agent or dealer shall, upon 



348 Chapter 238 [1947 

demand, exhibit his license to any mayor, selectman, sheriff 
or his deputy, constable or police officer, and to any person to 
whom he sells or offers to sell lightning rods, and shall furnish 
a copy of this chapter to the purchaser of such lightning rods. 
If he neglects or refuses to do so, he shall be liable to the 
penalty provided for acting as such agent or dealer without a 
license. 

6. Limitations. The licenses provided for by this chapter 
are good for only one person, firm or corporation, and are not 
transferable. 

7. Penalty. Any person not licensed as provided by this 
chapter, selling or offering for sale such lightning rods or 
other material, shall be fined not more than two hundred 
dollars, or imprisoned not more than six months, or both. 

8. Suit. Any property owner whose property has been 
rodded under the provisions of this chapter may bring suit 
within one year from the date of the completion of said in- 
stallation in the name of the commissioner upon the bond 
herein provided, and have the same procedure and remedies 
thereon, as in the case of bonds of county officers. 

9. Service on Commissioner. Whenever legal process 
against such dealer is served upon the commissioner, he shall 
take such action as is provided in the case of the service of 
legal process against foreign insurance companies. 

10. Existing Licenses. The provisions of this chapter 
shall not require the cancelling or re-issuing of any license 
issued prior to the effective date of this act. 

2. Takes Effect. This act shall take effect as of August 1, 
1947. 
'[Approved June 26, 1947.] 



CHAPTER 238. 

AN ACT RELATIVE TO UNCLASSIFIED IMPORTERS OF TOBACCO 
PRODUCTS. 

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

1. Tobacco Tax. Amend section 1 of chapter 79 of the 
Revised Laws as amended by section 1 of chapter 133 of the 



1947] Chapter 238 349 

Laws of 1947 by adding at the end thereof a new paragraph 
as follows: XVI. "Unclassified Importers" shall mean any 
person, firm, corporation, or association within the state other 
than a licensed manufacturer, wholesaler, sub- jobber, or vend- 
ing machine operator who shall import, receive, or acquire 
from without the state tobacco products for use or con- 
sumption within the state. 

2. Unclassified Importers. Amend chapter 79 of the Re- 
vised Laws by inserting after section 2, as amended by sec- 
tion 2, chapter 133, Laws of 1947, the following new section: 
2-a. License. Each unclassified importer shall, before im- 
porting, receiving, or acquiring tobacco products from with- 
out the state, secure a license from the tax commission. Each 
application for an unclassified importer's license shall be 
accompanied by a fee of one dollar. Any unclassified im- 
porter who shall import, receive, or acquire from with- 
out the state tobacco products for use or consumption within 
the state without a license as provided in this section, shall 
be punished by a fine of not more than twenty-five dollars for 
the first offense, and not more than two hundred dollars for 
each subsequent off'ense. 

3. Liceinses. Amend chapter 79 of the Revised Laws by 
inserting after section 3 the following new section : 3-a. Ex- 
piratiotn. Each unclassified importer's license shall expire on 
June 30 next succeeding the date of issuance, unless sooner 
revoked by the tax commission. The holder of each unclassi- 
fied importer's license may renew the license for a further 
period of one year on the same terms and conditions as pro- 
vided in section 2-a. 

4. Notification to Tax Commission. Amend section 5 of 
chapter 79 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 5. Tax Im- 
posed. A tax is hereby imposed at the rate of fifteen per cent 
upon the value of all tobacco products sold at retail in this 
state measured by the usual selHng price. The payment of 
the tax shall be evidenced by aflfixing stamps to the smallest 
packages containing the tobacco products in which such prod- 
ucts usually are sold at retail, but the word package as used 
herein shall not include individual cigars, cigarettes, or plugs 
or hanks of chewing tobacco, and such stamps shall be affixed 
in denominations of not less than one-half cent to an aggre- 



350 Chapter 238 [1947 

gate value nearest the tax hereby imposed. No tax is imposed 
on any transactions the taxation of which by this state is pro- 
hibited by the constitution of the United States. Each un- 
classified importer shall within twenty-four hours after re- 
ceipt of any unstamped tobacco products in this state notify 
the tax commission of the amount and brands of tobacco 
products received and the name and address of the consignor. 
The tax commission, thereupon, shall notify the unclassified 
importer of the amount of the tax due thereon, at the rate of 
fifteen per cent of the value thereof. Payment of the amount 
due the state shall be made within ten days from the mailing 
date of notice thereof. Any unclassified importer refusing to 
pay the tax on tobacco products imported by him within ten 
days after being notified of the amount of said tax by the tax 
commission, shall be subject to a fine of not less than twenty- 
five dollars or more than one hundred dollars. 

5. Illegal Possession. Amend section 15 of chapter 79 of 
the Revised Laws as amended by section 12, chapter 133, 
Laws of 1947, by inserting after the word "hours" the words, 
or unless they shall have been imported, received, or acquired 
within twenty-four hours by a licensed unclassified importer 
who has notified the tax commission, as provided in section 5, 
so that said section as amended shall read as follows: 15. 
Forfeiture. Any tobacco products found at any place in this 
state without stamps affixed thereto as required herein, unless 
they shall be in the possession of a licensed manufacturer, 
wholesaler, sub-jobber or vending machine operator, or unless 
they shall be in the course of transit from without this state 
and consigned to a licensed manufacturer, wholesaler, sub- 
jobber or vending machine operator, or a licensed retailer, or 
unless they shall have been received by a licensed retailer 
from without the state within twenty-four hours, or unless 
they shall have been imported, received, or acquired within 
twenty-four hours by a licensed unclassified importer who 
has notified the tax commission as provided in section 5, shall 
be forfeited in the manner provided by chapter 432 of the 
Revised Laws. 

6. Prohibition. Amend chapter 79 of the Revised Laws 
by inserting after section 20 as inserted by section 14 of 
chapter 133 of the Laws of 1947, the following new section: 
21. Newspaper Advertisements. No newspaper published in 



1947] Chapter 239 351 

this state shall accept an advertisement from any out-of-the- 
state tobacco dealer for the sale of tobacco products by mail 
or express unless there is included in said advertisement the 
following words: A license must be obtained from the state 
tax commission to import cigarettes or tobacco products from 
without the state. 

7. Takes Effect. This act shall take effect July 1, 1947. 

[Approved June 26, 1947.] 



CHAPTER 239. 



AN ACT RELATIVE TO CONSTRUCTION AND RECONSTRUCTION OF 
PRIMARY AND SECONDARY HIGHWAYS. 

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

1. Appropriation. The sum of two million dollars is here- 
by appropriated for the purpose of the construction and re- 
construction of primary and secondary highways in the state. 
The sum hereby appropriated shall be expended under the 
direction of the highway department. 

2. Bond Issue Authorized. In order to provide the funds 
for the payment of the appropriation authorized by section 1, 
the state treasurer is hereby authorized under the direction 
of the governor and council to borrow upon the credit of the 
state a sum not exceeding two million dollars and for that pur- 
pose may issue bonds or notes in the name and on behalf of 
the state. Such bonds or notes shall be deemed a pledge of 
the faith and credit of the state. 

3. Form; Proceeds of Sale. The governor and council 
shall determine the form of such bonds or notes, their rate of 
interest, the dates when interest shall be paid, the dates of 
maturity, the places where principal and interest shall be paid, 
and the time or times of issue. Such bonds or notes shall be 
signed by the treasurer and countersigned by the governor. 
The treasurer may sell such bonds or notes under the direction 
of the governor and council provided all such bonds or notes 
shall be sold (1) at public sealed bidding, (2) only after an 
advertisement calling for bids has been published at least once 
in each of two successive calendar weeks in a newspaper of 



352 Chapter 239 [1947 

general circulation in New Hampshire, the first publication 
being not less than thirty days prior to the day the bids will 
be received, and (3) to the highest bidder. Out of the pro- 
ceeds of the sale of said bonds or notes the governor is author- 
ized to draw his warrants for the sum hereinbefore appro- 
priated for the purposes of this act alone. 

4. Accounts. The secretary of state shall keep an account 
of all such bonds or notes countersigned by the governor, 
showing the number and amount of each bond or note, the 
time of countersigning, the time when payable, and the date 
of delivery to the treasurer. The treasurer shall keep an ac- 
count of each bond or note, showing the number and amount 
thereof, the name of the person to whom sold, the amount 
received for the same, the date of the sale, and the time when 
payable. 

5. Short-Term Notes. Prior to the issuance of the bonds 
hereunder, and in anticipation of the collection of revenue 
hereunder, the treasurer, under the direction of the governor 
and council, may for the purposes hereof borrow money from 
time to time on short-term loans to be refunded by the issu- 
ance 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 million dollars. 

6. Motor Vehicle Road Toll. Beginning with the final pay- 
ment of the bonds provided for by chapter 41 of the Laws of 
1929, as amended by chapter 151 of the Laws of 1933 and as 
further amended by chapter 1, Laws of 1936, and section 11, 
chapter 137, Laws of 1939, the additional road toll of one 
cent per gallon, provided for in section 8 of said chapter 41, 
shall be continued in full force and effect until the final pay- 
ment of the bonds and notes provided for by this act. Such 
additional motor vehicle road toll shall be collected in the 
manner now provided. A separate account of such additional 
motor vehicle road toll shall be kept by the state treasurer to 
which he shall add from time to time, at the direction of the 
governor acting with the advice and consent of the council, 
such sums from the separate account provided for by said 
chapter 41 as are not reasonably necessary for the payment 
of the bonds provided for by said chapter. The funds so held 
shall be used at the discretion of the governor, with the 
approval of the council, to pay the interest and principal of 



1947] Chapter 240 353 

the bonds and notes provided for by this act. To the extent 
that said funds are insufficient, at any time, to pay the inter- 
est and principal due on any bonds and notes provided for by 
this act the governor shall draw his warrant upon the general 
highway fund for the payment thereof. Upon the final pay- 
ment of the bonds and notes which may be issued under the 
authority of this act the governor and council shall forthwith 
by proclamation terminate the further collection of the addi- 
tional motor vehicle road toll hereby provided. 

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

[Approved June 26, 1947.] 



CHAPTER 240. 

AN ACT RELATIVE TO SERVICE EXEMPTION FOR WAR VETERANS. 

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

1. Amendment. Amend chapter 73, Revised Laws, by 
striking out section 29, as amended by chapter 174, Laws of 
1943, and by chapter 4, Laws of 1944, and inserting in place 
thereof the following: 29. Service Exemption. Every resi- 
dent of this state who served for not less than ninety days in 
the armed forces of the United States in any war in which 
the United States has been engaged and whose services were 
terminated under conditions other than dishonorable, or for 
service-connected death or disability within said ninety days, 
and the wife or widow of such person, in consideration or 
recognition of such service shall be exempt each year from 
taxation upon his taxable property to the value of one thou- 
sand dollars, provided such person and his wife or widow do 
not own taxable property in this state, exclusive of hon/i fide 
encumbrances of record thereon, to the value of more than 
five thousand dollars. 

29-a. Proration of Exemption. If any entitled person or 
persons shall own a fractional interest in taxable property, 
each such entitled person shall be granted exemption in pro- 
portion to his interest therein, but in no case shall the total 



354 Chapter 240 [1947 

exemption exceed one thousand dollars, except as provided in 
section 29-b. 

29-b. Husband and Wife. A husband and wife, each 
qualified for exemption, shall be entitled to an exemption of 
two thousand dollars on their taxable property, provided they 
do not together own taxable property in this state exclusive 
of bona fide encumbrances of record thereon to the value of 
more than five thousand dollars. 

29 -c. Veterans of Allied Forces. Any person otherwise 
entitled under the provisions of sections 29, 29-a, or 29-b of 
this chapter who, being a resident of New Hampshire at the 
time of his entry therein, served on active duty in the armed 
forces of any of the governments associated with the United 
States in the wars set forth in section 29 shall be entitled to 
the exemption authorized by said section. 

29-d. Application for Exemption. No person shall be 
entitled to the exemptions provided by section 29 unless he 
shall have filed with the selectmen or assessors, on or before 
April fifteenth of each year, an application therefor signed 
under penalty of perjury, on a form approved by the state 
tax commission, showing that the applicant is duly qualified 
and is the true and lawful owner of said property by present- 
ing evidence of title and setting forth the name of the holder, 
character and amount of any bona, fide encumbrance of record 
thereon and on his other taxable property. If any person, 
otherwise qualified to receive such exemption, shall satisfy the 
selectmen or assessors that he was prevented by accident, mis- 
take or misfortune from filing said application before April 
fifteenth, said officials may receive said application at a later 
date and grant an exemption thereunder; but no such appli- 
cation shall be received or exemption granted after the local 
tax rate is approved. 

29-e. Investigation. On receipt of said application the 
selectmen or assessors shall examine the same with reference 
to the right of exemption, the ownership of the property listed 
and the encumbrances reported ; and if they are satisfied that 
the applicant has wilfully made any false statement in such 
application for the purpose of obtaining the exemption, they 
may refuse the applicant an exemption; but said applicant 
may appeal in writing within six months of receipt of the 



1947] Chapter 241 355 

tax bill, to the state tax commission, which may order an ex- 
emption, or an abatement if a tax has been assessed. 

29 -f. Total Disability. If any person, quahfied as de- 
fined in section 29 of this chapter, shall be totally and perma- 
nently disabled from service connection, he or his wife or 
widow shall be exempt from taxation to the value of three 
thousand dollars under the conditions set forth in sections 29, 
29-a, 29-b and 29-c of this chapter; provided that, in the case 
of undivided ownership, the limit of exemption for total dis- 
ability shall be three thousand dollars as regards the interest 
of such entitled persons therein. 

29-g. Definition. The word "resident" as used in sec- 
tion 29 shall mean a person who has resided in this state for 
at least six months preceding April 1 in the year in which 
exemption is claimed. In case a person eligible for tax ex- 
emption hereunder shall own taxable property in more than 
one town, he shall take his exemption first in the town where 
he resides. If he does not own the exemption limit in value of 
taxable property in the town where he resides, he shall be en- 
titled to take the balance of such exemption in any other town 
in the state where he owns taxable property. 

2. Takes Effect. This act shall take effect April 1, 1948. 
[Approved June 26, 1947.] 



CHAPTER 241. 

AN ACT RELATING TO DAMAGE TO GAME BY DOGS. 

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

1. Damage to Game. Amend chapter 180 of the Revised 
Laws, section 36, by striking out the word "October" and in- 
serting in place thereof the word, September, so that this 
section as amended shall read as follows : 36. Dogs at Large. 
It shall be unlawful for the owner or custodian of any self- 
hunting dog to permit such a dog to run at large in territory 
inhabited by game birds or quadrupeds, or on lands where 
sheep are pastured, between April first and September first of 
any year. Provided that any organized club may hold an 
American Kennel Club licensed or sanctioned field trial on 
game which is otherwise protected. Said club shall secure 



S56 Chapter 242 [1947 

permission from the owner of the land on which said trial is 
to be held, and shall notify the director of the fish and game 
department, at least two weeks in advance, of the date and 
place of the trial. Whoever violates the provisions of this 
section shall be fined not more than twenty dollars. 

2. Maiming Game. Amend chapter 180 of the Revised 
Laws by adding after section 38 the following new section: 
38-a. Killing Dogs. Any law enforcement officer may kill 
any dog found in the act of maiming deer. 

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

[Approved June 26, 1947.] 



CHAPTER 242.* 

AN ACT RELATIVE TO THE SALARY OF THE SOLICITOR OF 
HILLSBOROUGH COUNTY. 

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

1. Hillsborough County. Amend section 20, chapter 24, 
Revised Laws, as amended by chapters 40 and 136 of the Laws 
of 1943, and chapters 2, 27, 202 and 213 of the Laws of 1947, 
by striking out the word, "twenty-five" and inserting in place 
thereof the word, twenty-eight, so that said section as 
amended shall read as follows: 20. Salaries. The annual 
salaries of the soHcitors in the several counties shall be as 
follows : 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, twelve hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, twenty-eight hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, twelve hundred dollars. 

In Coos, eighteen hundred dollars. 

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

[Approved June 26, 1947.] 



* See chapters 263, 268, 270, 291, post. 



1947] Chapter 243 357 

CHAPTER 243. 

AN ACT RELATIVE TO SALARIES OF STATE OFFICERS AND 
EMPLOYEES. 

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

1. Additional Compensation. The annual salaries of all 
permanent state employees regularly employed in the state 
service on July 1, 1947, shall be their classified salary or salary 
set by the legislative act plus the increase to which they were 
entitled, as of June 30, 1947, under the provisions of chapter 
200, Laws of 1945. On or after said July 1, 1947, the in- 
crease computed as above provided shall be deemed to be a 
part of the regular salary of said employees. 

2. Classification System. As of July 1, 1947, the minimum 
and maximum salaries of classified employees of the state shall 
be increased to cover the permanent increase in salaries pro- 
vided by section 1. 

3. Long Service Employees. Any regular classified em- 
ployee of the state who has completed ten years of continuous 
service for the state shall be paid, in addition to the salary 
to which he is entitled by the classification plan, as above 
revised, the sum of sixty dollars annually and an additional 
sixty dollars for each additional five years of continuous state 
service. The additional compensation provided by the pro- 
visions of this section shall not affect the maximums set by 
the classification plan and the receipt of said long service pay- 
ments shall not prohibit the recipient thereof from receiving 
the yearly increments to which he may be otherwise entitled 
within his classification ranges. 

4. State Officials. Any state official who has completed 
ten years of continuous service for the state shall be paid, in 
addition to his statutory salary the sum of sixty dollars an- 
nually and an additional sixty dollars for each additional five 
years of continuous state service. 

5. Military Service. Any person who left state service 
to enter armed forces of the United States in World War I 
or World War II and who, upon termination of such military 
service, returned to state service without employment else- 
where may count the time so spent in such military service as 



358 Chapter 244 ![1947 

continuous state service to obtain benefits provided under 
sections 3 and 4. 

6. Appropriation. There is hereby appropriated to the 
governor and council for the purposes of this act the following 
sums : For each of the fiscal years ending June 30, 1948 and 
June 30, 1949: 

$62,700. for general funds, departments and institutions. 
6,060. for fish and game department. 
780. for prison industries. 
60. for aerial tramway. 
22,860. for highway and motor vehicle departments. 

7. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved June 27, 1947.] 



CHAPTER 244. 

AN ACT RELATING TO THE DEPARTMENT OF AGRICULTURE. 

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

1. Commissioner of Agriculture. Amend section 3 of 
chapter 223 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 3. Appoint- 
ment. The governor, with the advice and consent of the 
council, shall appoint a state commissioner of agriculture for 
a term of five years and until his successor is appointed and 
qualified. Prior to the appointment of a commissioner, the 
governor and council shall receive and consider the recom- 
mendations of the agricultural advisory board as to such 
appointment. The commissioner may be removed at any time 
for cause by the governor with the advice and consent of the 
council, of his own motion or upon recommendation of the 
agricultural advisory board. Vacancies in the office of com- 
missioner shall be filled for the unexpired term only. 

2. Board. Amend section 22, chapter 223, Revised Laws, 
by striking out said section and inserting in place thereof the 
following: 22. Agricultural Advisory Board. The gover- 
nor, with the advice and consent of the council, shall appoint 
ten members, one from each county, actively engaged in 



1947] Chapter 244 359 

agriculture as an occupation, to be known as the agricultural 
advisory board. The term of office of members of the board 
shall be five years and until their successors are appointed and 
qualified; provided that the first appointments to the board 
shall be made two for one year, two for two years, two for 
three years, two for four years and two for five years. 
Vacancies shall be filled for the unexpired term only. No 
member of the board shall be eligible for successive re- 
appointment. Appointments to the board shall be made on 
the basis of extensive practical experience and demonstrated 
ability in agriculture and on a non-partisan basis, 

3. Powers of Board. Amend section 23, chapter 223, Re- 
vised Laws, by striking out said section and inserting in place 
thereof the following: 23. Duties. The board shall meet 
once every three months and as much oftener as the board 
may determine, at such time and place as it may determine, 
to consider and formulate the general policies of the depart- 
ment of agriculture, consistently with existing law and to 
review the progress of the department. The commissioner of 
agriculture shall act as chairman ex officio at such meetings, 
and the board shall annually elect one of its members to serve 
as secretary. It shall be the duty of the commissioner to 
carry out the general policies established by the board. At 
least once each quarter, the board shall designate and adver- 
tise one of its meetings as a pubhc hearing at which repre- 
sentatives of farm organizations and other interested persons 
may appear and be heard regarding matters affecting agricul- 
ture and the administration of laws related thereto. It shall 
be the duty of the board to promote close coordination of the 
activities of the department with the activities of the United 
States Department of Agriculture, the Universiy of New 
Hampshire including extension work, and representative farm 
organizations. Upon the expiration of the term of office of 
the commissioner of agriculture or upon the occurrence of a 
vacancy in such office, it shall be the duty of the board to sub- 
mit advisory recommendations to the governor and council 
concerning such new appointment or the filling of such 
vacancy. The members of the board shall receive their actual 
expenses when engaged in the performance of their duties. 

4. Existing Advisory Board Abolished. The advisory 
board of the department of agriculture heretofore established 



360 Chapter 245 [1947 

and existing by virtue of section 22, chapter 223, Revised 
Laws, is abolished upon the effective date of this act, and the 
terms of office of the present members of said board shall 
expire on said date. 

5. Takes Effect. This act shall take effect on July 1, 1947. 

[Approved June 27, 1947.] 



CHAPTER 245. 



AN ACT RELATIVE TO THE CONSTRUCTION AND ALTERATION OF 
STATE ARMORIES. 

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

1. Appropriation. The sum of eight hundred twenty-five 
thousand dollars ($825,000), or so much thereof as may be 
needed, is hereby appropriated for the construction of new 
state armories and for the enlarging and altering of existing 
state armories; provided, that the federal government con- 
tributes at least equally with the state in the costs of such 
construction, enlarging and altering; and provided, that the 
title to any armories constructed by the use of any of the funds 
herein provided shall be vested in the state. In the event 
that federal matching funds are not made available as here- 
inbefore provided, not exceeding the sum of one hundred 
thousand dollars ($100,000) may be expended under the pro- 
visions hereof, without federal contributions, for enlarging or 
altering existing armories. The sums hereby appropriated 
shall be expended under the direction of the adjutant general 
with the approval of the governor and council. 

2. Federal Assistance. The governor is hereby authorized 
to cooperate with and enter into such agreements with the 
federal government, or any agency thereof, as may be deemed 
desirable to secure the participation of the United States Gov- 
ernment, through the allotment of federal funds, in the costs 
of constructing, enlarging or altering armories. 

3. Funds Authorized. The treasurer is hereby authorized 
to borrow upon the credit of the state an amount not exceed- 
ing eight hundred twenty-five thousand dollars ($825,000) to 
provide the funds herein appropriated and for that purpose 



1947] Chapter 246 361 

may issue bonds or notes, at such times, in such denomina- 
tions, and with such rate of interest, dates of maturity and 
other provisions as the governor and council shall determine. 
Such bonds or notes shall be deemed a pledge of the faith and 
credit of the state and such bonds or notes shall be signed by 
the treasurer and countersigned by the governor. The pro- 
ceeds from the sale of such notes or bonds shall be held by 
the governor, and paid out by him upon warrant drawn by 
the governor, with the advice and consent of the council, for 
the purposes herein set forth alone. The secretary of state 
and the treasurer shall keep account of such bonds or notes 
in the same manner as accounts are kept of other bonds or 
notes of the state. 

4. Continuing Appropriation. The appropriation made 
hereunder shall be a continuing appropriation and shall not 
lapse. 

5. Short Term Notes. Prior to the issuance of the notes 
or bonds herein provided, the treasurer, under the direction 
of the governor and council, may for said purposes borrow 
money from time to time on short term notes, to be refunded 
by the issuance of the bonds or notes authorized hereunder. 

6. Town Appropriations. Any town may by vote at an 
annual meeting appropriate a sum of money for the purpose 
of paying the costs of, or contributing toward, purchase of 
land for a site for a new armory located within the limits of 
said town or located in another town within the same armory 
recruiting area as established by regulation of the adjutant 
general. 

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

[Approved June 27, 1947.] 



CHAPTER 246. 



AN ACT TO INCREASE THE FEES OF SHERIFFS AND DEPUTY 
SHERIFFS. 

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

1. Fees of Sheriffs. The fees of sheriffs and deputy 
sheriffs shall be as follows: I. For every service of a writ, 



362 Chapter 246 [1947 

bill, libel or petition, two dollars, for every service of a writ 
of possession, five dollars, for every service of a subpoena, 
process, notice or execution, one dollar. 

II. For making attachment of personal property, two 
dollars. 

III. For taking bail, to be paid by the person bailed, one 
dollar. 

IV. For actual travel to serve any writ, notice, sub- 
poena, process or execution, to be reckoned from the place of 
service to the residence of the officer, in no case exceeding 
fifty miles, and for travel to attend any court by the order 
thereof, to be reckoned from the residence of the officer to the 
court, each mile, each way, ten cents. 

V. For levying executions, on the dollar, for the first 
hundred dollars levied, four cents, for all above one hundred 
dollars, and not exceeding five hundred dollars, three cents, 
for all above five hundred dollars and not exceeding one thou- 
sand dollars, two cents, for all above one thousand dollars, one 
cent, minimum fee, three dollars. 

VI. For each day of any session of the superior court, 
the sheriff shall receive eight dollars a day; for each day's 
actual attendance of the superior court by order thereof, each 
deputy shall receive eight dollars a day; for each day's actual 
attendance at supreme court by order thereof, the sheriff and 
each deputy, eight dollars a day; in addition, the sheriff and 
each deputy, travelling expense 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 re- 
quired, each day, three dollars. 

VII. For making copies of writs each, one dollar. 

VIII. For leaving the copy and return required in the 
attachment of real estate at the office or the dwelling house 
of a register of deeds, one dollar. 

2. Repeal; Takes Effect. Section 28, chapter 380, Revised 
Laws as amended by chapter 59, Laws of 1943 and chapter 53, 
Laws of 1945, is hereby repealed. This act shall take effect 
upon its passage. 

[Approved June 27, 1947.] 



1947] Chapter 247 363 

CHAPTER 247. 

AN ACT RELATIVE TO HOSPITAL SURVEY AND CONSTRUCTION. 

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

1. Hospital Survey. Amend the Revised Laws by insert- 
ing after chapter 154 the following: 

Chapter 154-A 
General Provisions 

1. Title. This chapter may be cited as the Hospital 
Survey and Construction Law. 

2. Definitions. As used in this chapter the following 
words shall mean: 

I. "Board" means the state board of health. 

IL "The federal act" means Public Law 725 of the 79th 
Congress approved August 13, 1946, entitled the Hospital 
Survey and Construction Act. 

IIL "The surgeon general" means the surgeon general of 
the Public Health Service of the United States. 

IV. "Hospital" includes public health centers and gen- 
eral, tuberculosis, mental, chronic disease, and other types of 
hospitals, and related facilities, such as laboratories, out- 
patient departments, nurses' home and training facilities, and 
central service facilities operated in connection with hospitals, 
but does not include any hospital furnishing primarily domi- 
cilary care. 

V. "Public health center" means a publicly owned 
facihty for the provision of public health services, including 
related facilities such as laboratories, clinics, and administra- 
tive offices operated in connection with public health centers. 

VL "Non-profit hospital" means any hospital owned and 
operated by a corporation or association, no part of the net 
earnings of which inures, or may lawfully inure, to the benefit 
of any private shareholder or individual. 

3. Administration. The board of health shall constitute 
the sole agency of the state for the purpose of (1) making an 
inventory of existing hospitals, surveying the need for con- 
struction of hospitals, and developing a program of hospital 
construction as provided in sections 6 and 7, and (2) develop- 
ing and administering a state plan for the construction of 



364 Chapter 247 [1947 

public and other non-profit hospitals as provided in sections 9 
and 15 hereof. 

4. General Powers and Duties. In carrying- out the pur- 
poses hereof, the board is authorized and directed: 

I. To require such reports, make such inspections and 
investigations and prescribe such regulations as it deems 
necessary ; 

II. To provide such methods of administration, and take 
such other action as may be necessary to comply with the re- 
quirements of the federal act and the regulations thereunder ; 

III. To procure in its discretion the temporary or inter- 
mittent services of experts or consultants or organizations 
thereof, by contract, when such services are to be performed 
on a part-time or fee-for-service basis and do not involve the 
performance of administrative duties; 

IV. To the extent that it considers desirable to effectu- 
ate the purposes hereof, to enter into agreements for the 
utilization of the facilities and services of other depart- 
ments, agencies, and institutions, public or private; 

V. To accept on behalf of the state and to deposit with 
the state treasurer any grant, gift or contribution made to 
assist in meeting the cost of carrying out the purposes here- 
of, and to expend the same for such purpose. The funds 
hereby accepted shall be kept by the state treasurer for the 
purposes of this chapter only ; 

VI. To make an annual report to the governor on 
activities and expenditures hereunder, including recommenda- 
tions for such additional legislation as the board considers 
appropriate to furnish adequate hospital, clinic, and similar 
facilities to the people of this state. 

5. Hospital Advisory Council. The hospital advisory 
council established under the hospital licensing law shall also 
advise and consult with the board of health in carrying out 
the administration hereof. 

6. Survey and Planning Activities. The board is au- 
thorized and directed to make an inventory of existing hospi- 
tals, including public, non-profit and proprietary hospitals, to 
survey the need for construction of hospitals, and, on the 
basis of such inventory and survey, to develop a program 
for the construction of such public and other non-profit hospi- 
tals as will, in conjunction with existing facilities, afford the 



1947] Chapter 247 , 365 

necessary physical facilities for furnishing adequate hospital, 
clinic and similar services to all the people of the state. 

7. Construction Program. The construction program 
shall provide, in accordance with regulations prescribed under 
the federal act, for adequate hospital facihties for the people 
residing in this state and in so far as possible shall provide 
for their distribution throughout the state in such manner 
as to make all types of hospital service reasonably accessible 
to all persons in the state. 

8. Federal Funds for Survey and Planning. The board 
is authorized to make application to the surgeon general for 
federal funds to assist in carrying out the survey and plan- 
ning activities herein provided. Such funds shall be de- 
posited in the state treasury and shall be available to the 
board for expenditure for carrying out the purposes of this 
subdivision. Any such funds received and not expended for 
such purposes shall be repaid to the treasury of the United 
States. 

State Plan for Construction of Hospital 

9. State Plan. The board shall prepare and submit to 
the surgeon general a state plan which shall include the 
hospital construction program developed under the preceding 
subdivision and which shall provide for the estabhshment, 
administration, and operation of hospital construction activi- 
ties in accordance with the requirements of the federal act 
and regulations thereunder. The board shall, prior to the 
submission of such plan to the surgeon general, give adequate 
publicity to a general description of all the provisions proposed 
to be included therein, and hold a public hearing at which all 
persons or organizations with a legitimate interest in such 
plan may be given an opportunity to express their views. 
After approval of the plan by the surgeon general, the board 
shall publish a general description of the provisions thereof 
in at least one newspaper having general circulation in each 
county in the state, and shall make the plan, or a copy thereof, 
available upon request to all interested persons or organi- 
zations. The board shall from time to time review the hospi- 
tal construction program and submit to the surgeon general 
any modifications thereof which he may find necessary and 
may submit to the surgeon general such modifications of the 
state plan, not inconsistent with the requirements of the 
federal act, as it may deem advisable. 



366 Chapter 247 [1947 

10. Minimum Standards for Hospital Maintenance and 
Operation. The board shall by regulation prescribe minimum 
standards for the maintenance and operation of hospitals 
which receive federal aid for construction under the state 
plan. 

11. Priority of Projects. The state plan shall set forth 
the relative need for the several projects included in the con- 
struction program determined in accordance with regulations 
prescribed pursuant to the federal act, and provide for the 
construction, insofar as financial resources available therefor 
and for maintenance and operations make possible, in the 
order of such relative need. 

12. Construction Projects; Applications. Applications 
for hospital construction projects for which federal funds are 
requested shall be submitted to the board and may be sub- 
mitted by the state or any poHtical subdivision thereof or by 
any other public or non-profit agency authorized to construct 
and operate a hospital. Each application for a construction 
project shall conform to federal and state requirements. 

13. Consideration and Forwarding of Applications. The 
board shall afford to every applicant for a construction project 
an opportunity for a fair hearing. If the board, after afford- 
ing reasonable opportunity for development and presentation 
of applications in the order of relative need, finds that a 
project application complies with the requirements of section 
12 and is otherwise in conformity with the state plan, it shall 
approve such application and shall recommend and forward it 
to the surgeon general. 

14. Inspection of Projects. From time to time the board 
shall inspect each construction project approved by the sur- 
geon general, and, if the inspection so warrants, the board 
shall certify to the surgeon general that work has been per- 
formed upon the project, or purchases have been made, in 
accordance with the approved plans and specifications, and 
that payment of an installment of federal funds is due to the 
applicant. 

15. Hospital Construction Fund. The board is hereby 
authorized to receive federal funds in behalf of, and transmit 
them to, such applicants. There is hereby established, 
separate and apart from all public moneys and funds of this 



1947] Chapter 248 367 

state, a Hospital Construction Fund. Money received from the 
federal government for a construction project approved by the 
surgeon general shall be deposited to the credit of this fund 
and shall be used solely for payments due applicants for work 
performed, or purchases made, in carrying out approved 
projects. Warrants for all payments from the hospital con- 
struction fund shall bear the signature of the board or its 
duly authorized agent for such purpose. 

Miscellaneous 
16. Severability. If any provision hereof or the appli- 
cation thereof to any person or circumstance shall be held in- 
valid, such invalidity shall not affect the provisions or appli- 
cations hereof which can be given effect without the invalid 
provision or application, and to this end the provisions hereof 
are declared to be severable. 

2. Appropriation. The sum of seven thousand five hundred 
dollars for 1948 and seven thousand five hundred dollars for 
1949 are hereby appropriated to be expended under the 
direction of the state board of health for the purposes of ad- 
ministering the provisions of this act and the governor is 
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. 

I [Approved June 27, 1947.] 



CHAPTER 248. 

AN ACT RELATING TO POWERS OF APPOINTMENT. 

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

1. Power of Appointment. Amend the Revised Laws by 
inserting after chapter 364 the following new chapter: 

Chapter 364-A 
Powers of Appointment 
1. Definitions. A power of appointment, whether or not 
coupled with an interest, and whether or not existing at the 



S68 Chapter 248 [1947 

time this section takes effect, and whether the power is held 
by the donee in an individual or in a fiduciary capacity, may 
be released, wholly or partically, by the donee thereof, unless 
otherwise expressly provided in the instrument creating the 
power. As used in this chapter, the term power of appoint- 
ment includes all powers which are in substance and effect 
powers of appointment regardless of the language used in 
creating them and whether they are: (a) general, special, or 
otherwise ; (b) in gross, appendant, simply collateral, in trust, 
or otherwise; (c) exercisable by will, deed, deed or will, or 
instrument amending a trust, or otherwise; (d) exercisable 
presently or in the future. 

2. Release. A power releasable according to section 1, 
or under common law, may be released, wholly or partially, 
by the delivery of a written release executed by the donee of 
the power for consideration or under seal to any person who 
could be adversely affected by the exercise of the power, or 
to any person who alone or with another or others holds in 
trust property subject to the power, or, in the case of a power 
created by will, by the filing of such release in the registry 
of probate in the county in which such will was proved or 
allowed. No release of a power of appointment shall be valid 
as to land in this state subject to such power, except as 
against the releasor and persons having actual notice of the 
release, unless (a) in case of a power created by will or other 
written instrument, the release is acknowledged in the manner 
required in the case of deeds of land to entitle them to be re- 
corded and is recorded in the registry of deeds for the county 
in which the land lies, or (b) in case of a power created by 
will, the release is filed in the registry of probate in the county 
in which such will was proved or allowed. 

3. Effect of Release. A release executed by the donee 
of a power releasable according to section 1, or under common 
law, and delivered or filed in accordance with the first 
sentence of section 2 shall, subject to the second sentence of 
section 2, be effective to release the power to the extent in 
such release provided, whether it in substance provides for 
the release of all right of the donee to exercise the power, or 
for the release of all right of the donee to exercise the power 
otherwise than in respect of a part, therein defined, of the 
property subject to the power, or for the release of all right 



1947] Chapter 248 369 

of the donee to exercise the power otherwise than to or for 
the benefit of, in trust for, or in favor of a person or persons 
or class or classes of persons, therein specified, or an object 
or objects or class or classes of objects, therein defined. 

4. Two or More Donees. If a power of appointment re- 
leasable according to section 1, or under common law, is or 
may be exercisable by two or more persons in conjunction 
with one another or successively, a release or disclaimer of 
the power, in whole or in part, executed, and delivered or filed, 
in accordance with the first sentence of section 2, by any one 
of the donees of the power, shall, subject to the second 
sentence of section 2, be eff"ective to release or disclaim, to the 
extent therein provided, all right of such person to exercise or 
to participate in the exercise of the power, but, unless the in- 
strument creating the power otherwise provides, shall not 
prevent or limit the exercise or participation in the exercise 
thereof by the other donee or donees thereof. 

5. Definition of Release. The word "release," as used in 
sections 1 to 4, inclusive, shall include (1) an instrument 
wherein the person who executes it in substance states that 
he wholly releases, or agrees in no respect to exercise or par- 
ticipate in the exercise of, a power of appointment, and (2) an 
instrument wherein the person who executes it in substance 
states that he releases all right to exercise or participate in 
the exercise of a power of appointment otherwise than within 
limits therein defined or agrees not to exercise or participate 
in the exercise of a power of appointment otherwise than 
within limits therein defined. 

6. Limitation. Release of a power of appointment other- 
wise releasable shall not be prevented merely by provisions 
in restraint of alienation or anticipation contained in the in- 
strument creating the power. 

7. Construction. Sections 1 to 6, inclusive, shall so far 
as possible be deemed to be declaratory of the common law of 
this state. Said sections shall be liberally construed so as to 
effectuate the intent that all powers of appointment whatso- 
ever shall be releasable unless otherwise expressly provided in 
the instrument creating the power. 

8. Donee May Disclaim. A donee of a power of appoint- 
ment may disclaim the same at any time, wholly or in part, 
in the same manner and to the same extent as he might re- 
lease it. 



370 Chapter 249 [1947 

9. Other Releases. Nothing in sections 1 to 8, inclusive, 
shall prevent the release in any lawful manner of any re- 
leasable power of appointment or the disclaimer in any law- 
ful manner of any power of appointment. 

10. Separability Clause. If any of the provisions of any 
section of this chapter shall be held invalid or unconstitutional 
in relation to any of the applications thereof, such invahdity 
or unconstitutionality shall not affect other applications there- 
of, or other provisions in said section; and to these ends the 
provisions of said sections of this chapter are declared to be 
severable. 

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

[Approved June 30, 1947.] 



CHAPTER 249.* 

AN ACT RELATIVE TO SALARIES OF CERTAIN OFFICIALS. 

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

1. Salaries of Certain Officials. On and after July 1, 1947, 
the annual minimum salary of the secretary of state shall be 
five thousand five hundred dollars and the maximum six thou- 
sand dollars; of the deputy secretary of state the minimum 
salary, four thousand dollars and the maximum, four thousand 
five hundred dollars ; and of the state treasurer, the minimum 
salary shall be five thousand five hundred dollars and the 
maximum, six thousand dollars. 

2. Application of Statutes. Such parts of section 1 of an 
act relating to salaries passed in the present session of the 
legislature as are inconsistent with the provisions of this act, 
are hereby repealed. The holders of the above-named offices 
shall be entitled to the minimum salary as hereinbefore set 
forth and shall be entitled to an increase of one hundred 
dollars for each year thereafter but in no case shall the total 
salary exceed the above-named maximum. 

3. Appropriation. The sum of fifteen hundred dollars for 
the fiscal year ending June 30, 1948, and a like sum for the 



See chapter 250, post. 



1947] 



Chapter 250 



371 



fiscal year ending June 30, 1949, are hereby appropriated to 
provide for the additional salary increases set forth herein. 

4. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved June 30, 1947,] 



CHAPTER 250.: 

AN ACT RELATING TO SALARIES. 

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

1. Salaries Established. The annual salaries for the 
positions set forth in this section shall be estabHshed as 
follows : 

Governor $6,000. 

Council $ 10. per diem 

Alinimum Maximum 

Commissioner of agriculture $5,000. $5,500. 

Deputy commissioner of agriculture , . . $3,500. $4,000. 

State veterinarian $4,500. $5,000. 

Attorney general $6,500. $7,000. 

Assistant attorney general $4,500. $5,000. 

Director of aeronautics commission . . $4,500. $5,000. 
Superintendent of state buildings and 

grounds $3,500. $4,000. 

Bank commissioner $6,000. $6,500. 

Deputy bank commissioners $4,000. $4,500. 

Comptroller $6,000. $6,500. 

Commissioner of education $8,000. $8,500. 

Deputy commissioner of education .... $5,000. $5,500. 

Fish and game $5,000. $5,500. 

State forester $5,000. $5,500. 

Director of recreation $5,000. $5,500. 

State health officer $7,000. $7,500. 

Highway commissioner $7,000. $7,500. 

Assistant highway commissioner $6,000. $6,500. 

Insurance commissioner $6,000. $6,500. 

Deputy insurance commissioner $5,000. $5,500. 

Labor commissioner $5,000. $5,500. 

* See chapter 249, ante. 



S72 Chapter 250 [1947 

Minimum Maximum 

Liquor commissioners $5,500. $6,000. 

Motor vehicle commissioner $5,500. $6,000. 

Deputy motor vehicle commissioner . . $4,500. $5,000. 

Probation director $4,500. $5,000. 

Public service commissioners $6,500. $7,000. 

Purchasing agent $5,500. $6,000. 

Executive director planning and de- 
velopment $5,000. $5,500. 

Secretary of state $5,000. $5,500. 

Deputy secretary of state $3,500. $4,000. 

State Hbrarian $3,750. $4,250. 

Assistant state librarian $3,000. $3,500. 

Superintendent of state police $5,500. $6,000. 

State treasurer $5,000. $5,500. 

Deputy state treasurer $3,500. $4,000. 

Secretary of tax commission $5,000. $5,500. 

Tax commissioners $4,000. $4,500. 

Commissioner of weights and measures $4,500. $5,000. 

Welfare commissioner $5,500. $6,000. 

Secretary to the governor $4,000. $4,500. 

Superintendent of industrial school . . . $5,000. $5,500. 
Superintendent of Laconia state school $5,500. $6,000. 

Superintendent of state hospital $7,000. $7,500. 

Superintendent of state sanatorium . . $5,500. $6,000. 

Warden of state prison $5,000. $5,500. 

Commandant of soldiers' home $2,500. $3,000. 

Adjutant general $6,500 $7,000. 

2. Automatic Incr-eases. Effective July 1, 1947, the holder 
of offices covered in section 1 shall be entitled to the base 
salary as set forth therein. Each year thereafter said holder 
shall be entitled to an increase of one hundred dollars for each 
year, but in no case shall the total salary exceed the maximum 
as established in section 1. Any office holder whose salary on 
July 1, 1947, is in excess of the minimum provided for that 
position shall not be decreased, but shall continue to receive 
any increase due until the maximum is reached. 

3. Maintenance. In addition to the salaries above set 
forth the superintendents of the industrial school, Laconia 
state school, state hospital and state sanatorium and the 
warden of the state prison and commandant of the soldiers' 
home shall receive maintenance. 



1947] Chapter 251 373 

4. Repeal of Laws. All laws and parts of laws inconsistent 
with the provisions of this act are hereby repealed. 

5. Takes Effect. This act shall take effect as of July 1, 
1947. 

[Approved June 30, 1947.] 



CHAPTER 251. 



AN ACT RELATIVE TO THE ESTABLISHMENT OF A STATE BOARD OF 
FIRE CONTROL. 

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

1. Fire Protection. Amend the Revised Laws by insert- 
ing after chapter 175 the following new chapter : 

Chapter 175-A 
State Board of Fire Control 

1. Definitions. For the purposes of this chapter, the 
following words shall be construed as follows: 

L The term "officer" means such officer or officers as the 
fire marshal, hereinafter mentioned, shall nominate or desig- 
nate to execute the powers and perform the duties which the 
fire marshal is authorized to delegate herein. 

IL The word "building" means any structure, frame- 
work or housing, public or private, excluding dwellings 
occupied by not more than three families, but including tanks, 
receptacles and containers for the storage of commodities or 
other materials. 

IIL The word "premises" means any lot or parcel of 
land, exclusive of buildings thereon, and including parking 
lots, tourist camps, trailer camps, airports, stockyards, junk- 
yards, wharves, piers, and other places or enclosures, however 
owned or occupied. 

IV. The term "fire hazard" means any building, 
premises, place or thing which, by reason of its nature, 
location, occupancy, condition or use, constitutes an unreason- 
able danger of loss, damage or injury to persons or property 
by fire or explosion of whatsoever origin. 

V. The word "owner" shall be given its ordinary mean- 



374 Chapter 251 [1947 

ing and be held to include any trustee, a board of trustees of 
property, or any person having freehold interest in property, 
but a lessee or mortgagee of such property shall not be deemed 
an owner thereof. 

VI. The term "associate advisor" means the chief of the 
fire department of every city, town, village district and pre- 
cinct in which a fire department is established, and the chair- 
man of the board of selectmen of each town in which no fire 
department exists, or such other person as the majority of 
the board of selectmen shall designate. 

2. Board of Fire Cointrol. There shall be a state board 
of fire control consisting of five members appointed by the 
governor with the advice and consent of the council. The 
members shall be persons with experience and background in 
(1) a manufacturing industry; (2) the storage of petroleum 
products and in standard safety precautions with reference 
thereto; (3) the position of forest fire warden; (4) fire insur- 
ance underwriting, including knowledge of national standards 
of construction, causes of fire loss and regulations pertaining 
to fire safety; and (5) the position of chief of a municipal fire 
department. Members shall be appointed for terms of five 
years, except that the first appointments to the board shall be 
for terms of one, two, three, four and five years, respectively, 
as designated in their respective appointments. One member 
of the board shall be designated as chairman thereof by the 
governor. 

3. Vacancies, Tenure and Compensation. In case of a 
vacancy occurring by death, resignation or otherwise it shall 
be filled by appointment for the unexpired term by the gov- 
ernor and council as provided in section 2. The members of 
said board shall serve until their successors are appointed and 
qualified. The members of the board shall serve without com- 
pensation but shall receive their legitimate expenses incurred 
in the performance of their duties. 

4. Powers. The board shall have vested therein the 
management, supervision and direction of the duties and re- 
sponsibilities as provided herein, except as limited by existing 
law or laws. It shall be responsible for supervising and en- 
forcing all laws of the state relative to the protection of life 
and property from fire, fire hazards and related matters, and 
shall assist the several counties, cities, towns, village districts 
and precincts in supervising and enforcing local laws, by-laws 



1947] Chapter 251 375 

and ordinances where existent, relative to (a) the prevention 
of fires; (b) the storage, sale and use of combustibles and ex- 
plosives; (c) the installation and maintenance of automatic 
or other fire alarm systems and fire extinguishing equipment; 
(d) the construction, maintenance and regulation of fire 
escapes; (e) the means and adequacy of exit, in case of fire, 
from factories, asylums, hotels, hospitals, churches, schools, 
halls, theatres, amphitheaters, and all other places in which 
numbers of persons work, live or congregate from time to time 
for any purpose; and (f) the investigation of the cause, origin 
and circumstances of fires, and (g) the transportation, storage 
and physical handling of flammable liquids which such board 
believes dangerous to the lives or safety of the citizens of the 
state. It shall be the duty and responsibility of the board 
to coordinate the activities of its office with duly authorized 
city, town, and village district, fire and building department 
officials and other state and local agencies required and au- 
thorized by state statutes or local ordinances to develop or en- 
force fire safety regulations. It shall further be the duty and 
responsibility of the board to assist, cooperate with, advise 
and counsel the associate advisors in the organization and 
efficient operation of fire departments and other fire pro- 
tection organizations. 

5. Rules and Regulations. The board is also empowered 
to adopt and promulgate reasonable and standard rules and 
regulations for the effective administration of the board, and 
to adopt and promulgate such reasonable standard rules and 
regulations to accomplish the intent and purposes of this 
chapter as it shall deem necessary, not inconsistent with the 
provisions hereof or any law of this state. The rules author- 
ized hereunder shall be in accordance with established practi- 
cable means for securing safety to persons and property from 
fire and fire hazards and shall not be discriminatory in respect 
to persons engaged in like or similar businesses or industries. 
Such rules and regulations shall be adopted only after public 
hearing, notice of which shall be published in a paper of gen- 
eral circulation in the state at least fifteen days before hold- 
ing such hearing, and such rules and regulations shall not be- 
come effective until published at least twice in some news- 
paper of general circulation in the state, if their application 
is general, or in some newspaper of local circulation, if their 
application is local, as provided in section 12. 



376 Chapter 251 [1947 

6. Appeal. Any person or corporation aggrieved by any 
such rule or regulation may apply by petition to the superior 
court in the county in which such person or corporation re- 
sides or has its principal place of business, for a review of 
such rule or regulation, within ninety days after the effective 
date thereof. No such petition shall suspend the operation 
of the rule or regulation complained of; provided that the 
superior court may order a suspension of such rule or 
regulation pending the determination of such petition for re- 
view, whenever in the opinion of the court, justice may re- 
quire such suspension. In the trial of such petition for re- 
view, the court shall consider not only the record of evidence 
presented to the board but also such additional evidence as 
the parties may offer. The court may hold unlawful and set 
aside rules and regulations of the board found to be (1) 
arbitrary, capricious, an abuse of discretion, or otherwise not 
in accordance with law; (2) contrary to constitutional right, 
power, privilege or immunity; (3) in excess of statutory juris- 
diction, authority or limitations; (4) without observance of 
procedure required by law; (5) unsupported by substantial 
evidence; or (6) unwarranted by the facts as found by the 
court. The court may make such final order or decree as 
justice may require. 

7. State Fire Marshal. There shall be a state fire 
marshal who shall be a citizen of this state and shall be 
technically qualified by training and experience in the pre- 
vention, extinguishing and investigation of fires at the time 
of his appointment. He shall be the chief executive officer 
and secretary of the board. He shall be appointed by the 
board subject to the approval of the governor and council for 
an indefinite term. He shall carry out the policies determined 
by the board. He shall be subject to removal at any time by 
the governor and council on the recommendation of the board, 
for inefficiency, neglect of duty, or malfeasance in office, after 
hearing, with reasonable notice in writing of the charges 
against him. The board may prescribe his duties except as 
the same are prescribed by law. The office of the state fire 
marshal shall be located in Concord in suitable quarters pro- 
vided by the state. He shall receive an annual salary of five 
thousand dollars. Such officer shall devote his entire time to 
the duties of the office and he shall discharge such duties and 
responsibilities of the board as are delegated to him. 



1947] Chapter 251 377 

8. Deputies and Assistants. The board shall fix the terms 
of employment for a deputy fire marshal and other officers 
and employees after nomination of such personnel by the 
state fire marshal. 

9. Report of Causes and Origins of all Fires. Every fire 
occurring in this state shall be reported in writing to the state 
fire marshal within ten days after the occurrence of the same 
by the appropriate associate advisor and shall be in the form 
prescribed by the board and shall contain a statement of all 
facts relating to the cause and origin of such fire, so far as is 
possible, the extent of damage thereof and the insurance upon 
such property, and such other information as may be required. 
Fires resulting in losses of less than fifty dollars need not be 
reported. The board shall cause to be prepared necessary in- 
structional data for the associate advisors and sufficient forms 
for their use in the reports required hereby and cause them 
to be printed and sent to each associate advisor. When the 
cause, origin and circumstances of any fire occurring in any 
city, town, village district or precinct in this state indicates 
that such fire was the result of design, or of suspicious origin 
the associate advisor shall immediately notify the chief of 
police and the county solicitor, 

10. Associate Advisors. Any associate advisor may re- 
quest the state fire marshal at any time to assist him in as- 
certaining the cause, origin and circumstances relative to any 
fire within his territorial jurisdiction, or to assist, advise or 
counsel him in supervising and monitoring any local law, by- 
law or ordinance promulgated by such city, town, village dis- 
trict or precinct within the intent and scope of this chapter. 

11. Reports of Insurance Companies. Every fire insur- 
ance company transacting business in this state is hereby re- 
quired to file with the board through a recognized bureau or 
organization of companies or through the secretary or other 
officer of the insurance company, a monthly report of fire losses 
showing the name of the assured, location of the property 
burned and probable causes of fire, and in addition, an annual 
report of all fires on which losses have been paid in the pre- 
ceding calendar year, designating the class of occupancy, 
divided by construction and protection and by cause of fire for 
each class, giving the total insurance and loss paid on the 
property destroyed for all classes and by each cause. Such 
annual report shall be made to the board on or before the first 



378 Chapter 251 [1947 

day of May of each year. Losses under fifty dollars need not 
be included in such reports. In the case of a fire of suspicious 
origin a preliminary report shall be made immediately through 
such bureau or association of companies or through some 
officer of the insurance company, showing the name of the 
assured, the date of the fire, location, occupancy, and such 
facts and circumstances as shall come to their knowledge and 
tending to establish the cause or origin of the fire. 

12. Buildings and Premises. I. For cities, towns, 
village districts and precincts not having local laws and ordi- 
nances, and those cities, towns, village districts and precincts 
whose existent laws and ordinances do not afford the 
necessary fire safety measures, the board shall make and 
promulgate reasonable rules and regulations for the keeping, 
storage, use, manufacture, sale, handling, transportation 
or other disposition of highly flammable materials and rub- 
bish, gun powder, dynamite, explosive or flammable fluids or 
compounds, tablets, torpedoes or any explosives of a like 
nature, or any other explosives, including fireworks and fire 
crackers, and may prescribe the materials and construction of 
receptacles and buildings to be used for any of the said pur- 
poses. These rules shall apply to the construction or re- 
modeling of buildings and plants for flammable liquids and 
shall apply to new installation of and replacement of equip- 
ment for flammable liquids. These rules shall also apply to 
existing buildings, plants or equipment, which were not pre- 
viously but are hereafter used for flammable liquids, but shall 
not apply to existing buildings, plants, structures or equip- 
ment now used for flammable liquids unless the state board 
shall determine the conditions constitute a fire hazard. These 
rules shall be adopted in conformity with the procedure set 
forth in section 5 and shall be subject to judicial review as 
provided in section 6. Any city, town, village district and 
precinct may adopt the rules and regulations of the board, 
by reference thereto, as a part of its local laws and ordinances. 

II. The state fire marshal, or his authorized oflficers, up- 
on complaint or whenever he or they shall deem it necessary, 
may inspect all buildings and premises within their juris- 
diction. Whenever any of the said officers shall find any 
building or other structure which, for want of repairs, lack 
of, or insufficient fire escapes, automatic or other fire alarm 
apparatus or fire extinguishing equipment, or by reason of age 



1947] Chapter 251 379 

or other dilapidated condition, or from any other cause, is 
especially liable to fire, and which is so situated as to en- 
danger other property, or whenever such officer shall find in 
any building combustible or explosive matter or flammable 
conditions dangerous to the safety of such buildings or to 
property therein, or to lives and safety of the public, he shall 
order the same to be removed or remedied by written order. 
If such order requires a structural change or alteration, it 
must be approved by the board before it is eff"ective. Such 
order shall be complied with by the owner of such premises 
or buildings within the time limit specified in such order. 
Provided, however, that any such owner, who is aggrieved by 
any such order, may within fourteen days after the service 
of such order as hereinafter provided, file a petition with the 
superior court, praying for a review of such order; and it 
shall be the duty of such court to hear the same at the first 
convenient day, and to make such order in the premises as 
right and justice may require. 

III. Service of orders issued under paragraph II shall 
be made by a sheriff or his deputy if the residence of the 
owner is within the state, and by an officer authorized to 
serve legal process, if without the state. An attested copy 
of such order shall also be contemporaneously served upon the 
tenant or occupant of the property, if any, in like manner. 
If the owner is not a resident of this state and his residence 
is unknown, the board may institute proceedings in equity in 
the superior court to enforce its order, and service thereof 
shall be made upon the tenant or occupant of the property, if 
any, and in such further manner as the court may order. In 
such case the court shall render such final decree on the 
board's order as justice may require. 

13. Bond. Such parties so appealing to the superior 
court shall file with said court within two days a bond in the 
amount to be fixed by the court with at least two sufficient 
sureties, to be approved by the court, conditioned to pay all 
costs on such appeal in case such appellant fails to sustain his 
appeal or the same be dismissed for any cause. 

14. Failure to Comply. I. If any owner fails to com- 
ply with the lawful order of the board or state fire marshal 
under paragraph II, section 12, or with the order as modified 
on appeal as herein provided, and within the time fixed, then 
the board is hereby empowered and authorized to cause such 



380 Chapter 251 [1947 

order to be carried out and executed, at the expense of such 
owner. 

II. If such owner within thirty days thereafter fails, 
neglects or refuses to pay the board the expenses thereby in- 
curred by it, the board may proceed against such person or 
persons to recover the same in an action at law in the superior 
court. Said expenses for labor and material incurred by the 
board pursuant to the provisions hereof shall be a lien upon 
the property as provided in chapter 264, sections 12-16, in- 
clusive. 

III. Any owner or occupant failing to comply with an 
order of the superior court within thirty days after such 
appeal shall have been determined, as provided in paragraph 
II, section 12, or, if no appeal is taken, then within thirty 
days after the expiration of the time limit specified in the 
board's or state fire marshal's order, shall be liable to a 
penalty of twenty dollars for each day's neglect thereafter. 

IV. The penalty herein provided may be recovered in 
an action at law brought in the superior court of the county 
where such property is located, in the name of the state, by 
the board. 

15. Local Laws and Ordinances. In the cities, towns, 
village districts and precincts having local laws or ordinances 
in matters embraced in section 12, upon complaint of any per- 
son or persons that compHance with such laws or ordinances 
is not being effected, the board shall cause such complaint to 
be investigated and if such complaint is substantiated it shall 
have the authority to take the action necessary to enforce 
such local laws and ordinances. 

16. Other Powers. The state fire marshal may, in addi- 
tion to the reports made by any associate advisor, whenever 
he deems it expedient or advisable, examine or cause to be 
examined, the cause, circumstances and origin of any fire 
occurring in the state, by which property is endangered, 
damaged or destroyed, and may especially examine and de- 
cide whether the same was the result of carelessness or de- 
sign, except where such fire occurs in a city, town or political 
subdivision thereof that has a permanent full-time fire chief. 
He shall have the power vested in a justice of the peace to com- 
pel the attendance of witnesses to testify before him upon 
inquiry. 

17. Taking Testimony. The state fire marshal shall, 



1947] Chapter 251 381 

when in his opinion the proceedings under section 16 are 
necessary, take or cause to be taken the testimony on oath of 
all persons supposed to be cognizant of any facts or to have 
means of knowledge in relation to the matters concerning 
which such examination is made, cause the same to be reduced 
to writing. If he shall be of the opinion that there is suffi- 
cient evidence to charge any person with the crime of arson 
or incendiarism he shall furnish to the appropriate county 
solicitor all such evidence together with the names of wit- 
nesses and all information obtained by him, including a copy 
of all pertinent and material testimony in the case. 

18. Witness Fees. Each person summoned and testi- 
fying before the board or the state fire marshal shall receive 
from the state treasurer, on certificate of the state fire 
marshal, for witness fees and mileage, such sums as are pro- 
vided for similar activities in the superior courts of this state. 

19. Entry. The state fire marshal or his authorized 
officers may at all reasonable hours enter any building or 
premises, at the request of any associate advisor, for the pur- 
pose of making an inspection or investigation which, under 
the provisions hereof, he may deem necessary to be made. 
If the owner or occupant refuses to permit such inspection, 
the state fire marshal or his authorized officers may if they 
have reasonable suspicion of the violation of the provisions 
hereof or of any rule or regulation of the board or of any 
local law or ordinance pertaining to fire prevention, apply 
under oath for the issuance of a search warrant as provided 
in chapter 424, and such warrant may issue upon a showing 
of just cause. 

20. Records. The board shall cause to be kept and 
maintained by the state fire marshal a record of all fires occur- 
ring in this state and of all facts concerning the same, in- 
cluding statistics as to the extent of such fires and the dam- 
age caused thereby, and whether such losses were covered by 
insurance, and if so, in what amount. Such records shall be 
made daily from the reports made to him by the associate 
advisors under the provisions hereof. All such records shall 
be public, except any testimony taken in an investigation 
under the provisions hereof which the state fire marshal in 
his discretion may withhold from the public. 

21. Penalty for Neglect of Official Duty. Any associate 
advisor who refuses or neglects to comply, after due notice by 



382 Chapter 251 [1947 

the state fire marshal, with any of the requirements hereof, 
shall be fined not more than twenty-five dollars for each 
violation. 

22. Penalty for Violation of Regulations. Whoever shall 
violate any rule or regulation of the board issued pursuant to 
section 5 or paragraph I, section 12, shall upon conviction 
thereof, be fined not more than one hundred dollars for each 
offense. All penalties, fees or forfeitures collected under the 
provisions of this chapter shall be paid into the treasury of 
the state. 

23. Construction. It is hereby declared that this chap- 
ter is necessary for the public safety, health, peace and wel- 
fare, is remedial in nature, and shall be construed liberally, 
and shall not be declared unconstitutional or void for the 
reason that any section or provision thereof may be in con- 
travention of the constitution. Should any provision or sec- 
tion hereof be held to be invalid for any reason, such holding 
shall not be construed as affecting the validity of the remain- 
ing portion of such section or sections hereof, it being the 
legislative intent that this chapter shall stand, notwithstand- 
ing the invalidity of any such provision or section. 

24. Conflicting Laws or Regulations. Nothing herein pro- 
vided shall be construed to repeal or modify any existing 
statutes or regulations made thereunder by any state depart- 
ment or local officials, except as hereinafter provided. 

2. Appropriations. The sum of twenty thousand dollars 
is hereby appropriated for the purpose of carrying out the 
provisions of this act for the fiscal year ending June 30, 1948, 
and a like sum for the fiscal year ending June 30, 1949, for 
the same purpose, and the governor is hereby authorized to 
draw his warrant for said sums or any part thereof, out of 
any money in the treasury not otherwise appropriated. 

3. Repeal. Sections 22 to 28, inclusive of chapter 175 of 
the Revised Laws, and section 17 of chapter 321 of the Re- 
vised Laws, relative to investigation of causes of fires by the 
insurance commissioner, are hereby repealed. 

4. Takes Effect. This act shall take effect and be in force 
from and after July 1, 1947. 

[Approved June 30, 1947.] 



1947] Chapters 252, 253 383 

CHAPTER 252.' 

AN ACT TO INCREASE THE COMPENSATION OF THE CLERK OF THE 
MANCHESTER MUNICIPAL COURT OF MANCHESTER. 

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

1. Salaries. Amend section 8 of chapter 377 of the Re- 
vised Laws of New Hampshire, by striking out the word 
"twelve" and inserting in place thereof the word, eighteen, 
so that said section as amended shall read as follows: 8. 
SaWies. The clerk of the Manchester municipal court shall 
receive an annual salary of eighteen hundred dollars, to be 
paid by said city in equal monthly payments; the salaries of 
all other clerks of municipal courts in cities or towns of five 
thousand population or more shall be not less than one hun- 
dred and fifty dollars, and as much more as the city or town 
in which such court is located may vote to pay. 

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

[Approved June 30, 1947.] 



CHAPTER 253. 

AN ACT RELATING TO THE SALARIES OF CLERKS OF MUNICIPAL 
COURTS. 

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

1. Clerks of Municipal Courts. Amend section 8 of chap- 
ter 377 of the Revised Laws as amended by an act passed at 
the present session entitled "An Act to increase the compen- 
sation of the clerk of the Manchester municipal court" by 
striking out said section and inserting in place thereof the 
following: 8. Salaries. The clerk of the Portsmouth muni- 
cipal court shall receive an annual salary of eight hundred 
dollars, the clerk of the Manchester municipal court shall re- 
ceive an annual salary of eighteen hundred dollars, to be paid 
by the respective cities in equal monthly payments; the 
salaries of all other clerks of municipal courts in cities or 
towns of five thousand population or more shall be not less 



* See chapter 253, post. 



S84 Chapter 254 [1947 

than three hundred dollars, and as much more as the city or 
town in which said court is located may vote to pay. 

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

[Approved June 30, 1947.] 



CHAPTER 254. 



AN ACT PROVIDING FOR THE STUDY, TREATMENT AND CARE OF 
INEBRIATES. 

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

1. Definitions. Certain terms used in this act shall be con- 
strued as follows unless a different meaning is clearly 
apparent from the language or context: 

I. "Alcoholism" has reference to conditions resulting 
from the excessive use of alcoholic liquors. 

II. "Alcoholic beverages" means intoxicating liquors as 
defined by section 33 of chapter 7 of the Revised Laws. 

III. "Board" means the board for the study, treatment 
and care of inebriates. 

IV. "Chronic alcoholic" means a person who, in con- 
sequence of prolonged excessive drinking, has developed a 
bodily disease or mental disorder. 

V. "Compulsive drinker" means a person affected by an 
uncontrollable craving for alcoholic beverages. 

VI. "Excessive drinker" means a person who drinks to 
an extent which exposes him to the risk of becoming a com- 
pulsive drinker or a chronic alcoholic. 

VII. "Inebriate" means a person who may be an un- 
complicated excessive drinker, compulsive drinker or a chronic 
alcoholic. 

VIII. "Patients" is a general term meaning persons 
committed under the provisions of section 10, or persons who 
voluntarily submit themselves for treatment in accordance 
with the provisions of this act. 

2. Board Constituted. There shall be a board for the 
treatment of inebriates consisting of five members to be 
appointed by the governor, with the advice and consent of the 



1947] Chapter 254 385 

council. The members of the first board shall be appointed 
for terms of one, two, three, four and five years respectively. 
Annually thereafter one member shall be appointed to succeed 
the member whose term then expires. The term of each 
member shall be stated in his commission, and each shall con- 
tinue in office until his successor has been appointed and has 
qualified. If a vacancy occurs in the membership of the 
board, a member shall be appointed to serve for the unexpired 
term, and the governor may, with the consent of the council, 
remove any member for cause. 

3. Compensation. The members of the board shall be 
paid eight dollars a day each for such time as they are en- 
gaged in the work of the board, and shall be reimbursed for 
their actual and necessary expenses incurred in the per- 
formance of their duties. 

4. Chairman, Clerk and Assistants. The governor shall 
designate the chairman of the board. The board shall elect a 
clerk, and shall, with the approval of the governor and coun- 
cil, employ such assistants as may be necessary. 

5. Executive Director. The board, with the approval of 
the governor and council, shall appoint an executive director 
and fix his salary. The executive director shall perform such 
duties as the board may require of him and shall be allowed 
the necessary expenses incurred in the performance of his 
duties. 

6. Duties of the Board. The duties of the board shall be 
(1) to study the problems of alcoholism within the state, (2) 
to formulate and carry out programs of education designed 
to curb the excessive use of alcohol and reduce the number 
of inebriates, (3) to establish such facilities and employ such 
personnel as are necessary and available for the diagnosis and 
rehabilitation of inebriates, (4) to accept for examination, 
diagnosis, guidance and treatment, insofar as funds permit, 
any person coming to it of his own volition for advice and 
guidance, and (5) to render biennially to the governor and 
council and the general court a report of its activities includ- 
ing recommendations for improvements therein, by legislation 
or otherwise. 

7. Acoepta)nce of Grants. The board is authorized to 
accept in the name of the state special grants of money or 
services from the federal or state governments or any of their 
agencies, and may accept gifts to carry on its activities. 



386 Chapter 254 [1947 

8. Buildings and Equipment. The board, with the con- 
sent of the governor and council, may establish or construct 
an institution for the treatment of its patients and shall have 
authority to purchase or lease land, buildings, and equipment 
suitable for that purpose. The board shall have the manage- 
ment and control of the property so acquired, and shall, with 
the consent of the governor and council, appoint an admini- 
strator of any institution so constructed or established. The 
administrator shall not be a member of the board, and the 
board shall fix his salary, subject to the approval of the gov- 
ernor and council. 

9. State Hospital. Until an institution is established, 
quarters for the reception and treatment of patients may be 
prepared at the state hospital, and all patients there received 
or committed thereto shall be subject to the discipline and 
control of the superintendent of that institution. 

10. Committals. In accordance with the applicable pro- 
cedure prescribed for commitments of mentally ill persons to 
the state hospital, or on petition of the board, the superior 
court may commit to the custody and control of the board for 
a period of not less than four months, nor more than three 
years, any inebriate or chronic alcoholic or any person who 
has been three times sentenced for a violation of section 14 of 
chapter 440 of the Revised Laws relating to drunkenness. 
The findings of the superior court on all questions of fact 
presented by the proceedings, shall be final. The provisions 
of law with respect to support at the state hospital shall, so 
far as applicable, apply equally to the support of patients 
committed to the custody and control of the board. 

11. Separability. If any provision of this act is declared 
unconstitutional or the application thereof to any person or 
circumstances is held invalid, the validity of the remainder of 
the act and the application of such provision to other persons 
and circumstances shall not be affected thereby. 

12. Appropriation. For the purpose of carrying out the pro- 
visions of this act, the sum of thirty thousand dollars ($30,000) 
is hereby appropriated, and the governor is authorized to 
draw his warrant for this sum out of any money in the 
treasury not otherwise appropriated. 

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

[Approved July 1, 1947.] 



1947] Chapters 255, 256 387 

CHAPTER 255. 

AN ACT RELATING TO BOUNTY ON BEARS. 

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

1. Bounty on Bears. If any person shall kill a wild bear 
within this state he shall receive from the selectmen of the 
town where it was killed a bounty of five dollars, if he shall 
produce to the said board the carcass and pelt of said bear, 
and prove to their satisfaction that said bear was killed 
within the limits of said town within thirty-six hours of the 
time of its production. Except, however, that in the counties 
of Coos, Carroll and Grafton the bounty shall be twenty 
dollars ; and before a person shall receive said bounty, he shall 
show a game warden where said bear was killed. 

2. Law Suspended. Such part of section 1 of chapter 180 
of the Revised Laws as is inconsistent with the provisions of 
this act is hereby suspended during the time this act is in 
effect. 

3. Takes Effect. This act shall take effect upon its 
passage and be effective until December 31, 1948. 

[Approved June 30, 1947.] 



CHAPTER 256.* 

AN ACT RELATIVE TO THE SALARY OF THE SHERIFF OF COOS 
COUNTY. 

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

1. Coos County. Amend section 27, chapter 380 of the 
Revised Laws as amended by chapter 195 of the Laws of 
1943, chapter 189 of the Laws of 1945, section 2, chapter 2 
of the Laws of 1947, and section 3, chapter 202 of the Laws of 
1947 by striking out the word "fourteen" in the twelfth line 
and inserting in place thereof the word, eighteen, 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: 



See chapter 291, t^ost. 



388 Chapter 257 [1947 

In Rockingham, fifteen hundred dollars. 
In Strafford, one thousand dollars. 
In Belknap, thirteen hundred dollars. 
In Carroll, twelve hundred dollars. 
In Merrimack, two thousand dollars. 
In Hillsloorough, fifteen hundred dollars. 
In Cheshire, fifteen hundred dollars. 
In Sullivan, eight hundred dollars. 
In Grafton, one thousand dollars. 
In Coos, eighteen hundred dollars. 
2. Takes Effect. This act shall take effect upon its 
passage. 

[Approved June 30, 1947.] 



CHAPTER 257. 



AN ACT RELATIVE TO THE SALARIES OF THE TREASURERS OF 
MERRIMACK AND CHESHIRE COUNTIES. 

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

1. County Treasurers. Amend section 13, chapter 48 of 
the Revised Laws, as amended by chapter 66, Laws of 1945, 
by striking out said section and inserting in place thereof the 
following: 13. Salaries. The annual salaries of the treas- 
urers 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, six hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, four 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 commissioners. 



1947] Chapter 258 389 

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

[Approved June 30, 1947.] 



CHAPTER 258. 

AN ACT RELATING TO NARCOTICS. 

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

1. Suspension of Certificates. Amend section 31 of chap- 
ter 256 of the Revised Laws by inserting after the word 
"hearing" in the second line, the words, except for addiction 
to drugs in which case the commission may immediately 
suspend a certificate, so that said section as amended shall 
read as follows: 31. Notice; Hearing. Suspension or re- 
vocation of a certificate shall be only after notice and hear- 
ing, except for addiction to drugs in which case the commis- 
sion may immediately suspend a certificate, and for the pur- 
poses of such hearing the board or any member thereof is 
authorized to examine witnesses under oath and to take oaths 
or affirmations, and to reduce the testimony given in any such 
case to writing. The registrant may appear with witnesses 
and be heard by counsel. 

2. Return of Certificates. Amend section 32 of chapter 
256 of the Revised Laws by adding at the end thereof the 
words, in case of a suspension for addiction to drugs, the cer- 
tificate shall not be returned on appeal until the court shall 
find the decision of the commission is not sustained, so that 
said section as amended shall read as follows: 32. Appeal. 
Within thirty days after the suspension or revocation of a cer- 
tificate of registration the registrant may appeal to the superior 
court, and pending such appeal the decision of the commis- 
sion shall be suspended until the court renders judgment, 
which shall be final in the case, and if the decision of the com- 
mission is not sustained the registrant shall be reinstated. In 
case of a suspension for addiction to drugs, the certificate 
shall not be returned on appeal until the court shall find the 
decision of the commission is not sustained. 

3. Narcotics, Amend section 49 of chapter 256 of the 



390 Chapter 259 [1947 

Revised Laws by striking out the same and inserting in place 
thereof the following : 49. Definition of Narcotics. Narcotic 
drugs mean coca leaves, opium, isonipecaine, cannabis, and 
every other substance neither chemically nor physically dis- 
tinguishable from them, together with such other drugs 
which shall be declared narcotics by the president of the 
United States. 

4. Prohibitions. Amend section 50 of chapter 256 of the 
Revised Laws by striking out the same and inserting [in place] 
thereof the following: 50. Prohibited Acts. It shall be un- 
lawful for any person to manufacture, possess, have under his 
control, sell, prescribe, administer, dispense, or compound any 
narcotic drug except as authorized in this act. 

5. Professional Practice. Amend chapter 256 of the Re- 
vised Laws by adding after section 51 the following new sec- 
tion: 51-a. Exceptions. The foregoing provisions shall not 
apply to a physician or dentist prescribing, administering and 
dispensing narcotic drugs to patients in good faith and in the 
course of professional practice; nor to veterinarians in good 
faith and in the course of professional practice and not for 
use by human beings. 

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

[Approved June 30, 1947.] 



CHAPTER 259. 



AN ACT ESTABLISHING AN INTERSTATE FLOOD CONTROL 
COMMITTEE. 

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

1. Committee Established. The governor shall on or be- 
fore July 1, 1947, appoint a committee of three members to 
be composed of a director of the water resources board, the 
director of the state planning and development commission, 
and the attorney general to meet with duly authorized repre- 
sentatives of Maine, Vermont, Massachusetts, Connecticut, 
and Rhode Island to negotiate the terms of a compact or com- 
pacts between any of said states and with the government of 



1947] Chapter 260 391 

the United States as authorized by Public Resolution 104, 
74th Congress, relating to the lessening of flood damage, con- 
trol of pollution, and making other public improvements, on 
any rivers or streams whose drainage basin lies within any 
two or more of the said states and of the tidal waters com- 
mon to any two or more of said states. 

2. Duties. Such committee shall report the terms of such 
compact or compacts as may be agreed upon to the general 
court and in such report shall recommend such legislation, 
both state and federal, as may be necessary to render such 
a compact or compacts effective. No such compact shall be 
binding or obligatory upon the state of New Hampshire until 
it shall have been approved by the general court. 

3. Compensation. The members of such committee shall 
serve without compensation but shall be entitled to reimburse- 
ment of expenses when engaged upon the work of the com- 
mittee, to be paid from appropriations of their respective de- 
partments. 

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

[Approved June 30, 1947.] 



CHAPTER 260. 



AN ACT RELATIVE TO THE SALARIES OF THE SPECIAL JUSTICES 

OF THE MUNICIPAL COURTS OF PORTSMOUTH AND 

LACONIA. 

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

1. Portsmouth and Laconia Municipal Courts. Amend 
section 4 of chapter 377 of the Revised Laws as amended by 
chapter 179, Laws of 1947, by inserting after the words "five 
hundred dollars" in the eighth line the words, of Portsmouth 
four hundred dollars, of Laconia two hundred dollars, so that 
said section as amended shall read as follows: 4. Compen- 
sation of Special Justices. The special justice and justice of 
the peace requested to sit owing to the disqualification of the 
justice and special justice shall be paid, from the treasury of 
the city or town wherein said court is located, three dollars a 



392 Chapter 261 [1947 

day for each day or part thereof that he shall serve in said 
capacity; provided, that the annual salaries of the special 
justices of the municipal courts of the following cities and 
town shall be as follows, of Manchester eighteen hundred 
dollars, of Nashua fifteen hundred dollars, of Concord five 
hundred dollars, of Portsmouth four hundred dollars, of 
Laconia two hundred dollars, and of Hampton one hundred and 
fifty dollars, to be paid by said cities and town, respectively, 
quarterly, and shall be in Heu of any other compensation or 
fees to such justices. 

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

■[Approved June 30, 1947.] 



CHAPTER 261. 



AN ACT RELATIVE TO THE REGULATION OF RATES FOR FIRE 
INSURANCE AND CERTAIN CASUALTY INSURANCE. 

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

1. Regulation of Rates. Amend the Revised Laws by in- 
serting after chapter 329-A, as inserted by an act passed at 
the present session relative to rating organizations, the follow- 
ing new chapter: 

Chapter 329-B 
Regulation of Rates for Fire and Certain Casualty Insurance 

1. Purpose. The purpose of this chapter is to promote 
the public welfare by regulating insurance rates to the end 
that they shall not be excessive, inadequate or unfairly dis- 
criminitory. Nothing in this chapter is intended to prohibit 
or discourage reasonable competition, or to prohibit, or en- 
courage except to the extent necessary to accomplish the 
aforementioned purpose, uniformity in insurance rates, rating 
systems, rating plans or practices. This chapter shall be 
liberally interpreted to carry into effect the provisions of this 
section. 

2. Scope of Chapter. This chapter applies to all classes 
of insurance that are now or may hereafter be written in this 
state under the provisions of section 1, paragraphs I, II, V, 



1947] Chapter 261 393 

VI, and VII of chapter 322 of the Revised Laws, including all 
insurance which is now or may be hereafter defined by 
statute, by the ruling- of the insurance commissioner or by 
general custom as inland marine insurance, but shall not apply 
(a) to reinsurance (b) to insurance on vessels or craft, their 
cargoes, marine builders' risks, marine protection and indem- 
nity, or other risks commonly insured under marine insur- 
ance as distinguished from inland marine insurance (c) to in- 
surance on hulls of aircraft, including their accessories and 
equipment, and liability resulting from the ownership, use or 
maintenance of aircraft (d) to insurance against loss by 
reason of the liability to pay damages to others for damage 
to property or bodily injury including death arising from the 
operation, maintenance or use of motor vehicles (e) to work- 
men's compensation insurance (f) to accident and health in- 
surance. If any kind of insurance, subdivision, or com- 
bination thereof, or type of coverage, is subject to both the 
provisions hereof expressly applicable to casualty insurance 
and to those expressly applicable to fire and marine insurance, 
an insurer to which both provisions are otherwise applicable 
shall file with the commissioner a designation as to which of 
these provisions shall be applicable to it with respect to such 
kind of insurance, subdivision or combination thereof, or 
type of coverage. 

3. Making of Rates. Rates shall be made in accordance 
with the following provisions: (a) Rates shall not be ex- 
cessive, inadequate or unfairly discriminatory. 

(b) Due consideration shall be given to past and pro- 
spective loss experience within and outside this state, to the 
conflagration and catastrophe hazards, if any, to a reasonable 
margin for underwriting profit and contingencies, to divi- 
dends, savings or unabsorbed premium deposits allowed or 
returned by insurer to their policyholders, members or sub- 
scribers, to past and prospective expenses both countrywide 
and those specially applicable to this state, and to all other 
relevant factors within and outside this state, and in the case 
of fire insurance rates consideration shall be given to the 
experience of the fire insurance business during a period of not 
less than the most recent five-year period for which such ex- 
perience is available. 

(c) For fire and marine insurance, manual, minimum, 
class rates, rating schedules or rating plans, shall be made 



394 Chapter 261 [1947 

and adopted, except in the case of specific inland marine rates 
on risks specially rated. 

(d) For casualty insurance, the systems of expense pro- 
visions included in the rates for use by any insurer or group of 
insurers may differ from those of other insurers or groups of 
insurers to reflect the requirements of the operating methods 
of any such insurer or group with respect to any kind of in- 
surance, or with respect to any subdivision or combination 
thereof for which subdivision or combination separate expense 
provisions are applicable. Risks may be grouped by classi- 
fications for the establishment of rates and minimum 
premiums. Classification rates may be modified to produce 
rates for individual risks in accordance with rating plans 
which establish standards for measuring variations in 
hazards or expense provisions, or both. Such standards may 
measure any differences among risks that can be demon- 
strated to have a probable effect upon losses or expenses. 

(e) Except to the extent necessary to meet the pro- 
visions of subsection (a) of this section, uniformity among in- 
surers in any matters within the scope of this section is 
neither required nor prohibited. 

(f ) Nothing in this section shall be taken to prohibit as 
unreasonable or unfairly discriminatory the establishment 
of classifications or modifications of classifications of risks 
based upon size, expense, management, individual experience, 
purpose of insurance, location or dispersion of hazard, or any 
other reasonable considerations, provided such classifications 
and modifications apply to all risks under the same or sub- 
stantially similar circumstances or conditions. 

(g) Nothing in this chapter shall abridge or restrict the 
freedom of contract between insurers and agents or brokers 
with respect to commissions. 

(h) Rates made in accordance with this section may be 
used subject to the provisions of this chapter. 

4. Rate Filings, (a) For fire and marine insurance, 
every insurer shall file with the commissioner, except as to 
inland marine risks which by general custom of the business 
are not written according to manual rates or rating plans, 
every manual, minimum, class rate, rating schedule or rating 
plan and every other rating rule, and every modification of 
any of the foregoing which it proposes to use. Specific inland 



1947] Chapter 261 395 

marine rates on risks specially rated made by a rating organi- 
zation shall be filed with the commissioner. 

(b) For casualty insurance, every insurer shall file with 
the commissioner every manual of classifications, rules and 
rates, every rating plan and every modification of any of the 
foregoing which it proposes to use. 

(c) Every such filing shall state the proposed effective 
date thereof and shall indicate the character and extent of the 
coverage contemplated. 

(d) When a filing is not accompanied by the informa- 
tion upon which the insurer supports such filing, the commis- 
sioner may require the insurer to furnish such information 
and such other statistical data as he may require. 

(e) An insurer may satisfy its obligation to make such 
fihngs by becoming a member of, or subscriber to, a licensed 
rating organization which makes such filings, and by author- 
izing the commissioner to accept such filings on its behalf; 
provided, that nothing contained in this chapter shall be con- 
strued as requiring any insurer to become a member of or a 
subscriber to any rating organization. 

(f) Specific inland marine rates on risks specially rated 
by a rating organization shall become effective when filed. 

(g) Any special filing with respect to a surety or 
guaranty bond required by law or by court or executive order 
or by order, rule or regulation of a public body, not covered 
by a previous filing, shall become effective when filed. 

(h) Under such rules and regulations as he shall adopt, 
the commissioner may, by written order, suspend or modify 
the requirement of filing as to any kind of insurance, sub- 
division or combination thereof, or as to classes of risks, the 
rates for which cannot practicably be filed before they are 
used. Such orders, rules and regulations shall be made known 
to insurers and rating organizations affected thereby. The 
commissioner may make such examination as he may deem 
advisable to ascertain whether any rates affected by such 
order are excessive, inadequate or unfairly discriminatory. 

(i) Upon the written application of the insured, stat- 
ing his reasons therefor, filed with and approved by the com- 
missioner, a rate in excess of that provided by a filing other- 
wise applicable may be used on any specific risk. 

(j) Beginning ninety days after the effective date of 
this chapter no insurer shall make or issue a contract or policy 



396 Chapter 261 [1947 

except in accordance with the filings which are in effect for 
said insurer as provided in this chapter or in accordance with 
subsections (h) and (i) of this section. This subsection shall 
not apply to contracts or policies for inland marine risks as to 
which filings are not required. 

5. Disapproval of Filings, (a) The commissioner may 
suspend any filing for not more than thirty days, such suspen- 
sion to be effective from the time when the filing is received, 
pending inquiry and investigation as to whether the filing 
meets the requirements of this chapter. If at any time the 
commissioner finds that a filing does not meet the requirements 
of this chapter, he shall disapprove the same. He shall send 
to the insurer or rating organization which made such filing, 
written notice thereof specifying therein in what respects he 
finds such filing fails to meet the requirements of this chapter 
and the effective date of such disapproval. Said disapproval 
shall not affect any contract made or issued prior to such 
effective date. 

(b) Any insurer or rating organization aggrieved by the 
disapproval of any filing may request in writing a hearing 
thereon before the commissioner which shall be held within 
thirty days. Within fifteen days thereafter, the commissioner 
shall notify the applicant of his decision. 

(c) Any person or organization other than the insurer 
or rating organization making the filing aggrieved with re- 
spect to any filing which is in effect may make written appli- 
cation to the commissioner for a hearing thereon. Such 
application shall specify the grounds to be relied upon by the 
applicant. If the commissioner shall find that the application 
is made in good faith, that the applicant would be so 
aggrieved if his grounds are established, and that such 
grounds otherwise justify holding such a hearing, he shall, 
within thirty days after receipt of such applications, hold a 
hearing upon not less than ten days' written notice to the 
applicant and to e'' ery insurer and rating organization which 
made such filing. If, after such hearing, the commissioner 
finds that the filing does not meet the requirements of this 
chapter, he shall issue an order specifying in what respects 
he finds that such filing fails to meet the requirements of this 
chapter, and stating when, within a reasonable period there- 
after, such filing shall be deemed no longer effective. Copies 
of said order shall be sent to the applicant and to every such 



1947] Chapter 261 397 

insurer and rating organization. Said order shall not affect 
any contract or policy made or issued prior to the expiration 
of the period set forth in said order. 

6. Rules and Regulations. The commissioner may make 
reasonable rules and regulations necessary to effect the pur- 
poses of this chapter. 

7. Information. Every rating organization and every in- 
surer which makes its own rates shall, within a reasonable 
time after receiving written request therefor and upon pay- 
ment of such reasonable charge as it may make, furnish to 
any insured affected by a rate made by it, or to the author- 
ized representative of such insured, all pertinent information 
as to such rate. Every rating organization and every insurer 
which makes its own rates shall provide within this state 
reasonable means whereby any person aggrieved by the 
application of its rating system may be heard, in person or by 
his authorized representative, on his written request to re- 
view the manner in which such rating system has been 
applied in connection with the insurance afforded him. If 
the rating organization or insurer fails to grant or reject such 
request within thirty days after it is made, the applicant may 
proceed in the same manner as if his application had been re- 
jected. Any party affected by the action of such rating 
organization or such insurer on such request may, within 
thirty days after written notice of such action, appeal to the 
commissioner, who, after a hearing held upon not less than 
ten days' written notice to the appellant and to such rating 
organization or insurer, may affirm or reverse such action. 

8. Penalty. Any insurer or organization wilfully violat- 
ing any of the provisions of this chapter may be fined not 
more than five hundred dollars. The commissioner may 
suspend or revoke the license of any insurer or organization 
for any violation of this chapter or the failure to comply with 
an order of the commissioner issued hereunder. 

9. Hearing and Appeal. Any insurer or organization 
aggrieved by any order or decision of the commissioner shall 
be entitled to a rehearing and appeal in accordance with the 
provisions of chapter 414. 

10. Severability. If any provision of this chapter is 
held invalid, the remainder of the chapter shall not be affected 
thereby. 



398 Chapter 262 [1947 

2. Repeal. Section 16 of chapter 321 of the Revised Laws 
relative to fixing rates is hereby repealed. 

3. Appropriation. The sum of ten thousand dollars is 
hereby appropriated to the insurance department for each of 
the fiscal years ending- June 30, 1948 and June 30, 1949 to 
pay for such actuarial, statistical, and rating advisory services 
and other additional administrative costs as may be necessary 
in connection with the supervision of rates and rating organi- 
zations. The governor is hereby authorized to draw his 
warrant for said sums out of any money in the treasury not 
otherwise appropriated. 

4. Takes Effect. This act shall take effect on October 1, 
1947. 

[Approved June 30, 1947.] 



CHAPTER 262. 



AN ACT RELATIVE TO COMPENSATION OF MEMBERS OF THE STATE 
CLASSIFICATION PLAN BOARD. 

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

1. Classification Plan Board. Amend chapter 145 of the 
Laws of 1943, by inserting after section 5-a, as inserted by 
chapter 207, Laws of 1945, the following new section: 5-b. 
Compensation. The employee members shall receive the sum 
of four dollars, each, for each day they are actually employed 
in the performance of their duties on said board, in addition 
to any other compensation they may receive from the state, 
and the non-employee members shall receive the sum of eight 
dollars, each, for each day they are actually employed in the 
performance of their duties on said board, and all members 
shall be reimbursed their necessary expenses incurred in 
connection with their duties hereunder: Provided, however, 
that the per diem payments to employee member trustees 
shall terminate as of December 31, 1948. 

2. Takes Effect. This act shall take effect July 1, 1947. 
[Approved June 30, 1947.] 



1947] Chapters 263, 264 399 

CHAPTER 263. 

AN ACT RELATING TO THE SALARY OF THE SOLICITOR OF 
BELKNAP COUNTY. 

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

1. Salary of Solicitor of Belknap County. Amend section 
20 of chapter 24 of the Revised Laws, as amended by chapters 
40 and 136 of the Laws of 1943, chapters 2, 27, 202, 213 of 
the Laws of 1947, and An Act relative to the salary of the 
solicitor of Hillsborough county. Laws of 1947, by striking out 
the word "twelve" after the word "Belknap" and inserting in 
place thereof the word, fifteen, so that said section as amended 
shall read as follows: 20. Salaries. The annual salaries of 
the solicitors in the several counties shall be as follows : 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, twenty-eight hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, twelve hundred dollars. 

In Coos, eighteen hundred dollars. 

2. Takes Effect. This act shall take effect as of January 1, 
1947, insofar as the salary of the solicitor of Belknap county 
is concerned, otherwise upon its passage. 

! [Approved July 1, 1947.] 



CHAPTER 264. 

AN ACT RELATING TO FIDUCIARIES. 

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

1. Bond of Administrator. Amend paragraph III of sec- 
tion 13, chapter 352 of the Revised Laws, by adding at the 
end thereof the words, and annually thereafter unless excused 
by the judge of probate as provided by law, until a final 
account is filed and allowed, so that said paragraph as amended 



400 Chapter 264 [1947 

shall read as follows : III. To render to the judge an account 
of administration, upon oath, within one year, and annually 
thereafter unless excused by the judge of probate as provided 
by law, until a final account is filed and allowed. 

2. Administrators' and Executors' Accounts. Amend 
section 26 of chapter 353 of the Revised Laws by striking out 
said section and inserting in place thereof the following: 26. 
Filing Accounts. Every administrator and executor shall file 
in the probate office an annual account of administration, un- 
less upon petition he is excused by the judge of probate; but 
in no event shall he be excused for a period longer than three 
years. Before giving notice to settle his final account, he 
shall file it in the probate office of the county where it is to 
be settled, and shall cause the fact of such filing to appear in 
the notice, and shall at the same time file a statement of the 
names and residences of the heirs, legatees, and beneficiaries, 
if known to him. 

3. Bond of Trustee. Amend paragraph II of section 1 of 
chapter 363 of the Revised Laws, by adding at the end thereof 
the words, unless excused by the judge of probate as provided 
by law, so that said paragraph as amended shall read as 
follows: II. That he will annually render an account to the 
judge of the annual income and profit thereof, unless excused 
by the judge of probate as provided by law. 

4. Trustees' Accounts. Amend section 18 of chapter 363, 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 18. Filing Accounts. Every 
trustee shall file in the probate office an annual account of ad- 
ministration, unless upon petition he is excused by the judge 
of probate; but in no event shall he be excused for a period 
longer than three years. Before giving notice to settle his 
final account, he shall file it in the probate office, and shall 
cause the fact of such filing to appear in the notice, and shall 
at the same time file a statement of the names and residences 
of the beneficiaries in the trust estate. 

5. Guardians' Accounts. Am.end section 6 of chapter 341, 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 6. Accounts. He shall file in 
the probate office an annual account of administration, unless 
upon petition he is excused by the judge of probate. As often 
as once in three years he shall settle his account, and if he 
neglects for four years to settle, his trust may be revoked in 



1947] Chapter 264 401 

the discretion of the judge of probate, and in that event he 
shall not be again appointed guardian of the same person. 

6. Notice to Beneficiiiries. Amend chapter 349, Revised 
Laws, by adding after section 7 the following new sections: 
8. Notice to Beneficiaries. Whenever any executor, adminis- 
trator, trustee, conservator or guardian shall file an account 
in probate court, he shall contemporaneously give notice 
thereof as hereinafter provided to all persons beneficially in- 
terested therein. Such notice shall be sent by registered mail, 
return receipt requested, to the last known address of all such 
persons, and shall contain (1) a statement that the account 
has been filed, and, if the account is to be settled, the date 
when such account becomes returnable, and (2) the fact that 
the person may obtain a copy of the account from the register 
of probate upon payment of the statutory fee. 9. Person 
Beneficially Interested Defined. A person shall be deemed to 
be beneficially interested in an account within the meaning of 
the preceding section if he is an heir or distributee of an in- 
testate estate and the account has been filed by the adminis- 
trator, or if he is a residuary legatee under a will and the 
account has been filed by the executor or administrator with 
will annexed, or if he is a ward and the account has been filed 
by his guardian or conservator, or if he is a beneficiary having 
a vested interest in a trust and the account has been filed by 
the trustee, or if he is the attorney general in estates involving 
charitable trusts. 

7. Citation. Amend chapter 349 of the Revised Laws by 
inserting after section 1 the following new sections: 1-a. 
Citation. The judge of probate may on his own motion issue 
a citation directed to any fiduciary appointed by or responsible 
to the probate court, requiring such fiduciary to appear be- 
fore him to inform the court concerning any matters related 
to his trust over which the court has jurisdiction, and upon 
due notice and hearing, may make such order or decree as 
appears to the judge to be proper. 1-b. Service. Service of 
citation under the preceding section shall be sufficient if made 
by registered mail, return receipt requested, at the address 
of record of the fiduciary. Any expenses incidental to carry- 
ing out the provisions of this or the preceding section shall be 
charged against the estate, and may, in the discretion of the 
judge of probate, be deducted from any fee or other compen- 
sation due the fiduciary. 



402 Chapters 265, 266 [1947 

8. Takes Effect. This act shall take effect on July 1, 1947. 
[Approved July 1, 1947.] 



CHAPTER 265. 

AN ACT RELATING TO DAMAGE BY GAME BIRDS AND GAME. 

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

1. By Game. Amend section 21 of chapter 241 of the Re- 
vised Laws by striking out the whole of said section and in- 
serting in place thereof the following: 21. By Game. A 
person who suffers loss or damage to annual crops or fruit 
trees, or well-kept natural stands of blueberries maintained on 
a commercial basis which have been improved by burning and 
weeding or fertilization in a manner recommended by the New 
Hampshire Agricultural Experiment Station, by game, shall, 
if he claims damages therefor, within ten days from the dis^ 
covery thereof, notify the director in writing of such damage. 
The director or his agent shall investigate such claim within 
thirty days from the receipt by him of notice of such damage, 
determine whether such damage was caused by game, and 
appraise the amount thereof to be paid. The appraisal shall 
be made at time of harvest; and the director shall present his 
certificate of the amount of his appraisal to the governor, 
who is authorized to draw his warrant upon the fish and game 
fund in payment therefor. 

2. Takes Effect. This act shall take effect January 1, 
1948. 

[Approved July 1, 1947.] 



CHAPTER 266. 

AN ACT IN RELATION TO WORKMEN'S COMPENSATION. 

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

1. Workmen's Compensation. Amend chapter 216 of the 
Revised Laws as amended by chapters 24, 95 and 113, Laws 
of 1943 and chapter 154, Laws of 1945, by striking out the 
whole thereof and inserting in place thereof the following: 



1947] Chapter 266 403 

Chapter 216 

1. Title. This chapter shall be known as the "Work- 
men's Compensation Law." 

2. Definitions. As used in this chapter, the following 
words and phrases shall have the following meanings unless 
the context clearly requires otherwise: 

I. Employer, means a person, partnership, association, 
corporation, and the legal representatives of a deceased em- 
ployer, or the receiver or trustee of a person, partnership, asso- 
ciation or corporation, who usually employs five or more per- 
sons, whether in one or more trades, businesses, professions 
or occupations, and whether in one or more locations, except 
farm labor and domestic service. Any other employer may 
elect to accept the provisions of this chapter in accordance 
with sections 3 and 6. 

II. Employee, shall mean any person in the service of 
an employer subject to the provisions of this chapter under 
any contract of hire, express or implied, oral or written, except 
employees employed in farm labor or as domestic servants, 
and except railroad employees engaged in interstate com- 
merce whose rights are governed by the Federal Employers' 
Liability Act. 

III. Personal injury, or injury as used in and covered by 
this chapter shall mean accidental injury or death arising out 
of and in the course of the employment and the following dis- 
eases or death therefrom arising out of and in the course of 
the employment: anthrax, lead poisoning or its sequelae, 
dermatitis venenata, diseases due to the inhalation of poison- 
ous gases or fumes or their sequelae^ and silicosis and other 
pulmonary dust diseases subject to the provisions hereinafter 
set forth. It shall not include other diseases or death there- 
from unless they are the direct result of an accident arising 
out of and in the course of employment, nor shall it include a 
disease which existed at commencement of the employment, 
nor a disease the last injurious exposure to the hazards of 
which occurred prior to the effective date of this chapter. 
When silicosis and other pulmonary dust diseases or death 
therefrom occur within the above definition of "personal in- 
jury" or "injury," compensation shall be payable under the 
provisions of this chapter, provided, however, that (1) no 
compensation shall be payable for partial disability; (2) in 
the event of temporary or permanent total disability or death, 



404 Chapter 266 [1947 

notwithstanding- any other provisions of this chapter, total 
compensation if disability or death occurred during July, 1947, 
shall not exceed the sum of five hundred dollars; thereafter 
the limit for total disability or death shall increase at the rate 
of fifty dollars each calendar month until the maximum 
allowed for other injuries under this chapter is reached; (3) 
the total amount of benefit in case of death shall not exceed 
the balance remaining between the amounts paid for dis- 
ability and the total compensation payable under this chapter. 

IV. Wages, shall include the market value of board, 
lodging, fuel and other advantages which can be estimated in 
money and which the employee receives from the employer as 
part of his remuneration; but shall not include any sum paid 
by the employer to his employee to cover any special expenses 
entailed on the employee by the nature of his employment. 

V. (1) Average weekly wages, except as provided in 
subsection (2) shall be computed by taking the total straight 
time earnings of the injured employee in the service of the 
same employer during' the preceding fifty-two weeks, divided 
by the actual number of hours worked, and multiphed by 
forty; if the injured employee shall have been in the employ- 
ment of the same employer for less than one year, then his 
total straight time earnings for such less period divided by 
the actual number of hours worked, and multiplied by forty. 
Where by reason of the shortness of the time during which 
the employee has been in the employment of his employer or 
the nature or term of the employment, it is inequitable to 
compute the average weekly wages as above defined, regard 
may be had to the average weekly amount as above defined 
which, during the year previous to the injury, was being 
earned by a person, in the same grade, employed at the same 
work by the same employer, or, if there is no person so em- 
ployed, by a person in the same grade, employed in the same 
class of employment in the same locality. (2) Average 
weekly wages, of an injured employee whose normal schedule 
of hours in the service of the same employer during the pre- 
ceding fifty-two weeks has not exceeded twenty-four hours a 
week, shall be computed by dividing the total actual earnings 
in the service of the same employer by the actual number of 
weeks; if the injured employee shall have been in the employ- 
ment of the same employer for less than one year, then his 
total actual earnings for such less period divided by the num- 



1947] Chapter 266 405 

ber of weeks employed by said employer. Where the injured 
employee has been in the employ of his employer less than one 
week, his average weekly wages shall be computed by taking in- 
to consideration the rate of pay designated in his agreement of 
employment and by prorating his earnings to the sum he 
would have earned for a full week's work based on the current 
number of hours or days for that job at the time the accident 
occurred. 

VI. Insurance carrier, shall include any corporation, 
licensed to sell insurance in this state, from which an em- 
ployer has obtained a workmen's compensation insurance 
policy in accordance with the provisions of this chapter. 

VII. Dependents, shall mean the employee's widow, 
widower, children, parents, persons in the direct line of 
ascent or descent, or next of kin, who were wholly or partially 
dependent in fact upon the earnings of the employee for 
support at the time of the injury. 

3. Election by Employers not Subject to Law. Any em- 
ployer of less than five persons, or of farm labor or domestic 
servants may accept the provisions of this chapter by filing 
an election with the commissioner of labor. Such employer 
shall thereafter be liable to all of his employees in the same 
manner as other employers. 

4. Compensation for State Employees. The governor and 
council, upon petition and hearing, may award compensation 
to employees of the state receiving personal injuries as de- 
fined herein to an amount not exceeding that provided under 
this chapter. 

5. Payment. The governor is hereby authorized to draw 
his warrant for the payment of such sum or sums as may be 
awarded under the provisions of section 4, and, in case the 
department by whom the injured person was employed has a 
special maintenance fund, the same shall be charged thereto; 
if not, then to funds not otherwise appropriated. 

6. Election by Municipalities. Any county, city, town, 
school district, or any other district established by law, may 
accept for designated or for all workmen in its employ, the 
provisions of this chapter, and it shall thereafter be liable to 
such workmen for any injury arising out of and in the course 
of employment in the manner provided in this chapter. The 
hability of any county, city, town, or district accepting said 
provisions shall not otherwise be enlarged or extended. The 



406 Chapter 266 [1947 

acceptance for a county may be made by the commissioners 
thereof, for a city by the city council, for a town by the select- 
men thereof, for a school district by the school board thereof, 
and for any other district by the commissioners thereof or 
other officers having by law the management of such district. 
Such acceptance shall be filed with the commissioner. 

7. Posting of Notice. Every employer subject to this 
chapter, or who elects to accept its provisions, shall keep 
posted in a conspicious place upon his premises a notice that 
he is working under the provisions of this chapter. If any 
employer fails to post and keep posted said notice, he shall 
be liable to a fine of ten dollars for each day of such failure. 

8. Securing Compensation. Employers subject to this 
chapter shall secure compensation to their employees in one 
of the following ways: I. By insuring and keeping insured, 
the payment of such compensation with a company licensed 
to write workmen's compensation insurance in the state, and 
filing with the commission of labor, in a form prescribed by 
him, notice of such insurance, together with a copy of policy 
declarations. 

II. By furnishing to the commissioner of labor satis- 
factory proof of financial ability to pay direct the compensation 
in the amounts and manner and when due as herein provided. 

9. Liability of Employer Failing to Comply. Employers 
subject to this chapter who fail to comply with the provisions 
of section 8 shall be liable to a fine of one hundred dollars for 
each day of such non-compliance. An employee of such em- 
ployer, or his dependents in case death ensued, may, file his 
application with the commissioner of labor for compensation 
in accordance with the terms of this chapter, and the commis- 
sioner shall hear and determine such application for compen- 
sation in like manner as in other claims before him; and the 
compensation so determined shall be paid by such employer 
to the person entitled thereto within ten days after receiving 
notice of the amount thereof as fixed and determined by the 
commissioner. An abstract of the award may be filed in the 
office of the clerk of the superior court in any county in the 
state and shall be docketed in the judgment docket 
thereof, and when so filed and docketed shall be a lien upon 
the property of the employer situated in the county for a 
period of eight years from the date of the award; execution 
may be issued thereon within eight years in the same manner 



1947] Chapter 266 407 

and with like effect as if said award were a judgment of the 
superior court. 

10. Election by Employee not to Come Under this Chapter. 

Unless and until an employee of an employer subject to this 
chapter, has filed with his employer and with the commis- 
sioner of labor, within fifteen days after this chapter becomes 
effective, or within fifteen days of date of employment, a 
declaration in writing that he does not accept the compen- 
sation provisions of this chapter, which declaration shall take 
effect from date of service on the commissioner of labor, he 
shall be assumed to have accepted the provisions of this 
chapter, and to have waived his rights of action at common 
law to recover damages for personal injuries against his em- 
ployer. When such election has been filed, such empToyee 
shall be held to have rejected all rights and remedies granted 
by the provisions of this chapter and shall not be entitled to 
the benefits thereof; and in an action to recover damages for 
personal injury sustained by the employee in the course of his 
employment, or for death resulting from personal injuries so 
sustained after the employee has so elected, the employer 
shall have all the defenses which he would have had if the 
provisions of this chapter were not in force. 

11. Injuries Outside the State. If an employee is injured 
while employed elsewhere than in this state, so that he or 
his dependents would be entitled to compensation if he had 
been injured in this state, such employee, or his dependents, 
upon releasing the employer from all liability under any other 
law shall be entitled to compensation if the contract of em- 
ployment was made in this state and if the employer is en- 
gaged in business in this state; provided, however, that such 
employee's contract of employment was not expressly for 
service exclusively outside of this state ; and provided further 
that recovery of damages in an action at law or compensation 
under the law of any other state shall bar recovery of com- 
pensation under the laws of this state. 

12. Liability of Third Person. When an injury for which 
compensation is payable under the provisions of this chapter 
has been sustained under circumstances creating in some per- 
son other than the employer a legal liability to pay damages 
in respect thereto, the injured employee, in addition to the 
benefits of this chapter, may obtain damages from or pro- 
ceed at law against such other person to recover damages; 



408 Chapter 266 [1947 

provided, however, that the employer shall have a lien on the 
amount of damages recovered by the employee, less the ex- 
penses and costs of action, to the extent of the compensation 
already paid, or agreed or awarded to be paid by the employer 
under this chapter. No settlement by an employee of his 
claim for damages at law against such third person shall be 
binding until approved by the commissioner of labor, who 
shall make provisions for payment to the employer of the 
amount of his lien. If such settlement shall occur during the 
actual trial of an action at law, or the action shall go to judg- 
ment against such third person, the court before which such 
action is tried shall have and exercise all the powers of the 
commissioner of labor relative to the approval of such settle- 
ment and the making of necessary orders to insure payment 
to the employer of the amount of his lien. In any case in 
which the employee neglects to exercise his right of action by 
failing to proceed at law against such third person for a 
period of nine months after said injury, the employer may so 
proceed and shall be subrogated to the rights of the injured 
employee to recovel* against such third person, provided, if 
the employer recovers from such other person damages in ex- 
cess of the compensation already paid, or agreed or awarded 
to be paid under the provisions of this chapter, then any such 
excess shall be paid to the injured employee, less the employ- 
er's expenses and costs of action. The procedure for approval 
of settlements and safeguarding rights of the employee in 
such cases shall be the same as is provided for protecting 
rights of the employer in cases of settlements made or actions 
at law brought by the employee under this section. 

13. Employee's Fault. The employer shall not be liable 
for any injury to a workman which is caused in whole or in 
part by the intoxication, or serious and wilful misconduct of 
the workman. The provisions as to intoxication shall not 
apply, however, if the employer knew that the employee was 
intoxicated. 

14. Notice of Claim. No proceedings for compensation, 
other than medical, hospital services, other remedial care, or 
property damage as provided in the following sections, shall 
be maintained unless notice of the accident as hereinafter pro- 
vided has been given to the employer as soon as practicable 
after the happening thereof, and before the workman has 
voluntarily left the employment in which he was injured, and 



1947] Chapter 266 409 

within six months from the occurrence of the accident; or in 
case of the death of the workman, or in the event of his 
physical or mental incapacity, within six months after such 
death or the removal of such physical or mental incapacity; 
or, in the event that weekly payments have been made here- 
under, within six months after such payments have ceased. 

15. Defective Notice. No want, defect or inaccuracy of a 
notice shall be a bar to the maintenance of proceedings unless 
the employer proves that he is prejudiced by such want, de- 
fect or inaccuracy. 

16. Contents. Notice of the accident shall apprise the em- 
ployer of the claim for compensation hereunder, and shall state 
the name and address of the workman injured, and the date 
and place of the accident. 

17. Service. The notice may be served personally, or by 
sending it by registered mail addressed to the employer at his 
last known residence or place of business. 

18. Waiting Period. No compensation shall be paid for 
any injury which does not totally or partially incapacitate the 
employee from earning wages for a period of seven days, but 
if any incapacity continues for such period, compensation 
shall be computed from the time of the injury and continue 
during such incapacity. 

19. Medical, Hospital Care, etc. During the first ninety 
days after an injury to an employee, an employer subject to 
this chapter, shall furnish to an injured 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. Such 
ninety day period may be extended from time to time at the 
discretion of the commissioner of labor upon written request 
of the injured employee to the commissioner of labor and 
after the employer has been given an opportunity to file 
objections thereto and to be heard thereon. In the event 
of the loss of an eye, limb, or other member, or the loss of 
hearing, 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 



410 Chapter 266 [1947 

loss. Such aid shall not be considered under the provisions 
of sections 20 to 24. 

20. Compensation for Death. If death results from the 
injury, the employer shall pay to, or for the dependent or 
dependents of the deceased employee, as defined in section 1, 
for a period not exceeding three hundred weeks, a weekly com- 
pensation equal to sixty-six and two-thirds per cent of the 
deceased employee's average weekly wages, but not less than 
fifteen nor more than twenty-five dollars per week; provided 
that the total amount payable on account of a single death 
shall not exceed the sum of seventy-five hundred dollars. 

I. In all cases where compensation is payable to a widow 
or widower for the benefit of herself or himself and depend- 
ent child or children, the commissioner of labor shall have 
power to determine in its discretion what portion of the com- 
pensation shall be applied for the benefit of any such child 
or children and may order the same paid to a guardian. 

II. In the case of remarriage of a widow without de- 
pendent children compensation payments shall cease. 

III. In case of remarriage of a widow who has dependent 
children the unpaid balance of compensation which would 
otherwise become her due shall be payable to the mother, 
guardian, or such other person as the commissioner of labor 
may order, for the use and benefit of such children during 
dependency. 

IV. If the deceased employee leaves no dependents, the 
employer shall pay the expenses of burial not exceeding three 
hundred dollars. 

21. Compensation for Temporary Total Disability. Where 
the injury causes total disability for work at any gainful 
occupation the employer, during such disability, but not in- 
cluding the first seven days thereof, unless such disability con- 
tinues for seven days or longer, shall pay the injured em- 
ployee a weekly compensation equal to sixty-six and two- 
thirds per cent of the employee's average weekly wages, but 
not less than ten dollars nor more than twenty-five dollars per 
week, unless the injured employee's average weekly wages as 
defined herein are less than ten dollars per week, in which case 
the compensation shall be the full amount of said average 
weekly wages. Payments shall not continue after the dis- 
ability ends nor longer than three hundred weeks, and in case 
the total disabihty begins after a period of partial disability, 



1947] Chapter 266 411 

the period of partial disability shall be deducted from such 
total period of three hundred weeks. 

22. Compensation for Permanent Total Disability. In case 
of the following injuries, the disability caused thereby shall 
be deemed total and permanent. 

I. Total and permanent loss of sight in both eyes; 

II. The loss of both feet at or above the ankle ; 

III. The loss of both hands at or above the wrist ; 
- IV. The loss of one hand and one foot ; 

V. An injury to the spine resulting in permanent and 
complete paralysis of both legs or both arms, or of one leg 
and of one arm ; and 

VI. An injury to the skull resulting in incurable im- 
becility or insanity. 

The above enumeration is not to be taken as exclusive. 
Compensation for permanent total disabilities shall be computed 
as provided in section 21, except that the minimum shall be 
not less than fifteen dollars a week. The total amount pay- 
able on account of one accident shall not exceed seventy-five 
hundred dollars. 

23. Compensation for Temporary Partial Disability. 
Where the disability for work resulting from an injury is 
partial, the employer during such disability, but not including 
the first seven days thereof, unless such disability continues 
for seven days or longer, shall pay to the injured employee a 
weekly compensation equal to sixty-six and two-thirds per cent 
of the difference between his average weekly wage before the 
injury and the average weekly wage which he is able to earn 
thereafter. Payments shall not continue after the disabihty 
ends, nor longer than three hundred weeks, and in case the 
partial disability begins after a period of total disability, the 
period of total disability shall be deducted from such total 
period of three hundred weeks. 

24. Compensation for Permanent Partial Disability. In 
case of disability partial in character but permanent in 
quality, compensation computed as provided in section 21, 
except that the minimum shall be not less than fifteen dollars 
a week, shall be paid to the employee as follows : 

I. Arm lost, one hundred seventy weeks' compensation, 
plus for actual healing period not in excess of thirty-two 
weeks' compensation: 

II. Hand lost, one hundred forty weeks' compensation. 



412 Chapter 266 [1947 

plus for actual healing period not in excess of thirty-two 
weeks' compensation; 

III. Thumb lost, forty weeks' compensation, plus for 
actual healing period not in excess of twenty-four weeks' com- 
pensation ; 

IV. Index finger lost, twenty-five weeks' compensation, 
plus for actual healing period not in excess of eighteen weeks' 
compensation ; 

V. Middle finger lost, twenty weeks' compensation, plus 
for actual healing period not in excess of twelve weeks' com- 
pensation ; 

VI. Ring finger lost, fifteen weeks' compensation, plus 
for actual healing period not in excess of eight weeks' com- 
pensation ; 

VII. Little finger lost, ten weeks' compensation, plus for 
actual heahng period not in excess of eight weeks' compen- 
sation ; 

VIII. Leg lost, one hundred seventy weeks' compen- 
sation, plus for actual healing period not in excess of forty 
weeks' compensation; 

IX. Foot lost, one hundred twenty weeks' compen- 
sation, plus for actual healing period not in excess of thirty- 
two weeks' compensation; 

X. Great toe lost, twenty weeks' compensation, plus for 
actual healing period not in excess of twelve weeks' compen- 
sation ; 

XI. Toe other than great toe lost, eight weeks' compen- 
sation, plus for actual healing period not in excess of eight 
weeks' compensation; 

XII. Eye lost, one hundred weeks' compensation, plus 
for actual healing period not in excess of twenty weeks' com- 
pensation ; 

XIII. Loss of hearing in one ear, forty-two weeks' com- 
pensation ; 

XIV. Loss of hearing in both ears, one hundred seventy 
weeks' compensation; 

XV. Compensation for the loss of more than one 
phalange of a digit shall be the same as for the loss of an 
entire digit. Compensation for the loss of the first phalange 
shall be one-half of the compensation for the loss of the entire 
digit; 

XVI. Compensation for an arm or leg if amputated at 



1947] Chapter 266 413 

or above the elbow or at or above the knee, shall be the same as 
for the loss of the arm or leg, but if amputated between the 
elbow and the wrist, or the knee and the ankle shall be the 
same as for the loss of hand or foot ; 

XVII. Compensation for loss of eighty per cent or more 
of the vision of an eye shall be the same as for the loss of an 
eye; 

XVIII. Compensation for loss of two or more digits or 
one or more phalanges of two or more digits of a hand or foot, 
may be proportioned to the loss of use of the hand or foot 
occasioned thereby, but shall not exceed the compensation for 
loss of a hand or foot ; 

XIX. Compensation for permanent total loss of use of a 
member shall be the same as for the loss of the member ; 

XX. Compensation for permanent partial loss of use of 
a member shall bear such relation to the amounts stated in the 
preceding paragraphs as the disabilities bear to those pro- 
duced by the injuries named in said paragraphs. 

25. Computation. The compensation paid under the pro- 
visions of sections 24 shall be in lieu of any and all compen- 
sation due under any other provisions of this chapter, except 
that if the total compensation to which the employee is en- 
titled under the provisions of this chapter, exclusive of said 
section 24, exceeds the compensation provided under said sec- 
tion 24 said employee shall be entitled to such compensation 
in lieu of the compensation due under section 24. 

26. Compensation for Loss of Property. Whenever an em- 
ployee, by accident arising out of and in the course of the 
employment, has suffered the loss of glasses, false teeth, an 
artificial member, or hearing aid, said employee shall be paid 
an amount equal to the value of the property so lost. Any 
amount paid under the provisions of this section shall in no 
way affect compensation for personal injury otherwise pro- 
vided for in this chapter. 

27. Double Compensation. Compensation and death bene- 
fits provided for by this chapter shall be doubled in the case 
of minors injured while employed in violation of the pro- 
visions of chapters 137 and 212 of the Revised Laws. The in- 
surance carrier shall be liable on its policy for one-half of the 
compensation or benefits that may be payable on account of 
the injury or death of such minor, and the employer shall be 



414 Chapter 266 [1947 

wholly liable for the other one-half of such compensation or 
benefit. 

28. Maximum Benefits. In no case, except as provided in 
sections 20, 22, 24 and 27, shall the weekly compensation pay- 
able under this chapter exceed sixty-six and two-thirds per 
cent of the average weekly wages, or exceed twenty-five dollars 
per week in amount, nor shall the total compensation exceed 
the sum of seventy-five hundred dollars; nor shall any pay- 
ments extend over a period of more than three hundred weeks 
from the date of the injury. 

29. Voluntary Payments. Payments made by an employer, 
or his insurer, to an injured employee during the period of his 
disability, or to his dependents, which by the provisions of 
this chapter were not due and payable when made, may, sub- 
ject to the approval of the commissioner of labor, be deducted 
from the amount to be paid as compensation ; provided that in 
case of disability such deduction shall be made by shortening 
the period during which compensation must be paid, and not 
by reducing the amount of the weekly payments under this 
chapter. 

30. Savings or Insurance. No savings or insurance of the 
injured employee independent of this chapter, shall be taken 
into consideration in determining the compensation to be paid 
hereunder, nor shall benefits derived from any other sources 
than the employer be considered in fixing the compensation 
under this chapter. 

31. Lump Sum Payments. Lump sum settlements may be 
permitted at the discretion of the commissioner of labor when 
it appears to the best interests of all concerned. 

32. Medical Examination. Any employee entitled to re- 
ceive weekly payments hereunder shall, if requested by the 
employer, or ordered by said commissioner of labor, submit 
himself for examination by a duly qualified medical practi- 
tioner or surgeon provided and paid by the employer, at a 
time and place reasonably convenient for the employee, 
within two weeks after the injury, and thereafter at 
intervals not oftener than once in a week. The employee 
shall have the right to have a physician or surgeon desig- 
nated and paid by himself present at such examination ; which 
right, however, shall not be construed to deny to the employ- 
er's physician or surgeon the right to visit the injured em- 



1947] Chapter 266 415 

ployee at all reasonable times and under all reasonable condi- 
tions so long as employee claims compensation hereunder. 

33. Refusal to Submit to Examination. If the employee 
refuses to submit to such examination, or obstructs the same, 
his right to weekly payments shall be suspended until such 
examination has taken place, and no compensation shall be 
payable during or for account of such period. 

34. Agreements. If an employer and an injured employee 
enter into an agreement in regard to compensation payable 
under the provisions of this chapter, a memorandum thereof 
shall be filed with said commissioner of labor ; and, if approved 
by him, such agreement, subject to modification as provided in 
section 38 shall be enforceable as provided in section 40. Said 
commissioner shall approve such an agreement only when the 
terms thereof conform to the provisions of this chapter. 

35. Hearings and Awards. If the compensation is not 
fixed by agreement, either party may petition the superior 
court for hearing and award in the premises, the venue to be 
according to civil actions in personam between the same 
parties, and the court shall set a time and place for hearing 
and order at least six days' notice thereof to the parties. At 
such hearing a full trial shall be had before a justice of the 
superior court, without jury; and within thirty days there- 
after the court shall make its award setting forth its findings 
of fact and the law applicable thereto, and the clerk of court 
shall forthwith send to each of the parties and to the com- 
missioner of labor, copies of such aw^ard. 

36. Manner of Giving Notice of Hearing. Notices of hear- 
ings under the provisions of this chapter shall be given by 
delivering it or by sending it by registered mail, addressed to 
the employee, employer and to said employer's insurance com- 
pany at his, or its, last known residence, or place of business. 
A copy of each notice shall be sent by registered mail to the 
commissioner of labor. 

37. Examination by Physician. When application is made 
to said commissioner of labor, a duly licensed and impartial 
physician or surgeon may be appointed by said commissioner 
of labor to examine the injured employee and to report to said 
commissioner of labor. Said physician or surgeon shall re- 
ceive for such an examination a fee of five dollars and neces- 
sary traveling and hotel expenses, which shall be paid by the 
state on vouchers approved by said commissioner of labor. 



416 Chapter 266 [1947 

and said commissioner of labor may allow additional reason- 
able amounts in extraordinary cases. Whenever in the judg- 
ment of the commissioner of labor, expert medical testimony 
is required at any hearing, a duly licensed and impartial 
physician or surgeon may be appointed to testify. Said 
physician or surgeon shall receive a reasonable fee for his 
services, plus necessary traveling and hotel expenses, which 
shall be paid by the state on vouchers approved by said com- 
mission. 

38. Modification of Awards and Agreements; Effect. Up- 
on application of any party in interest upon the ground of 
change in the conditions, mistake as to nature or extent of 
injury or disability, fraud, undue influence or coercion, the 
superior court may, not later than one year after the date of 
the last payment fixed by the award, review said award, and 
upon such review, may make an order ending, diminishing 
or increasing the compensation previously awarded, subject 
to the maximum or minimum provided in this chapter and 
shall state its conclusions of fact and rulings of law. Such a 
review shall not affect such award as regards any money 
already paid. All procedure on such an application shall be 
the same as herein provided for original hearings. 

39. Rules; Witnesses; Blanks. All process and procedure 
under the provisions of this chapter shall be as summary and 
simple as reasonably may be. Said commissioner of labor 
may make rules not inconsistent with such provisions, for 
carrying out the same and shall cause to be printed and 
furnished, free of charge, to any employer or employee such 
blank forms as he deems necessary to facilitate or promote 
the efficient administration of such provisions. Said commis- 
sioner of labor shall have the power, so far as it is necessary 
for the determination of matters within his jurisdiction, to 
subpoena witnesses, administer oaths and to examine the 
books and records of parties to such proceedings. The superior 
court shall, by proper proceedings, have power to enforce the 
attendance and testimony of witnesses and the production and 
examination of books, papers and records before said commis- 
sioner of labor. 

40. General Powers of Oommissioner of Labor. Questions 
arising under the provisions of this chapter, if not settled by 
agreement of the parties interested therein with the approval 
of the commissioner of labor shall be determined by the 



1947] Chapter 266 417 

superior court. The decision of said court shall be enforce- 
able in the same manner as an equity decree, and appeals from 
such decisions may be taken to the supreme court; but in no 
case shall such an appeal suspend the operations of an award 
unless the court to which such appeal is taken, shall so order. 

41. Preferences. All rights of compensation granted by 
the provisions of this chapter shall have the same preference 
or priority against the assets of the employer as is allowed 
by law for a claim by an employee against his employer for 
unpaid wages. 

42. Assignments; Attorney's Fees. Claims for compen- 
sation under the provisions of this chapter shall not be assign- 
able; and the compensation and claims therefor shall be 
exempt from all claims of creditors, except as herein pro- 
vided. Claims for physicians, hospitals, and for other remedial 
care chargeable to the employee and rendered in connection 
with a compensated injury, and claims of attorneys for serv- 
ices rendered an employee in prosecuting a claim under the 
provisions of this chapter, when approved by said superior 
court, may be -enforced against compensation awards in such 
manner as said superior court may direct. 

43. Reports of Accidents by Employers. Every employer 
subject to this chapter shall keep a record of all injuries, fatal 
or otherwise, sustained by his employees in the course of their 
employment, and shall report or cause to be reported such an 
injury to said commissioner of labor, in writing, upon blanks 
to be procured from said commissioner of labor for such pur- 
pose, within forty-eight hours after knowledge of the occur- 
rence of such an injury. At the termination of the disability 
of such injured employee, such employer shall make a final 
report upon blanks to be procured as herein provided; if such 
disability extends beyond a period of sixty days, such em- 
ployer shall, at the expiration of each sixty days' period, at 
the request of said commissioner of labor, make a supple- 
mental report to said commissioner of labor that such injured 
employee is still disabled, and, at the termination of such dis- 
ability, shall file a final report as above provided. Such re- 
ports shall state the name and nature of the business of such 
employer, the location of the place where the accident 
occurred, the name, age, sex, wages and occupation of said 
injured employee, and shall state the date and hour of the 
accident causing such injury, the nature and cause thereof 



418 Chapter 266 [1947 

and such other information as may be required by said com- 
missioner of labor. An employer who wilfully refuses or 
neglects to make a report required by this section shall be 
fined not more than twenty-five dollars. Within sixty days 
after the termination of disability, each employer, or other 
party liable to pay the compensation provided for by this 
chapter, shall file with said commissioner of labor a statement 
showing" the total payments made for compensation and for 
medical and hospital services of said injured employee. 

44. Pre-existing Disability; Additional Indemnity. If an 
employee has at the time of injury permanent partial dis- 
ability as defined in section 24, and, as a result of such in- 
jury, incurs further permanent disability, the employer shall 
only be liable for the permanent partial disability caused by 
the subsequent injury; provided, however, that in addition to 
such compensation for permanent partial disabihty, and after 
the cessation of payments by the employer, the disabled em- 
ployee shall be paid by the commissioner of labor out of the 
funds of the second injury fund, the remainder of the com- 
pensation that would be due the injured employee for perma- 
nent total disability if the subsequent injury itself had been 
the cause of his permanent total disability, such payments to 
be made by the commissioner of labor monthly by orders 
drawn on the state treasurer to be charged against the second 
injury fund. 

45. Creation Second Injury Fund. There is hereby created 
a fund to be known as the second injury fund and which shall 
consist of payments made to it as in this section provided. In 
every case of death of an employee under this chapter where 
there is no person entitled to compensation, the employer shall 
pay to the second injury fund the sum of five hundred dollars; 
and in every case of permanent, partial disability, under sec- 
tion 24, the employer shall pay to the second injury fund the 
sum of fifteen dollars; such sums to be deposited as herein 
provided. The state treasurer shall be custodian of the second 
injury fund and all disbursements therefrom shall be paid by 
him upon orders of the commissioner of labor. The state 
treasurer shall give a separate bond conditioned upon the 
faithful performance of his duties as custodian of the fund in 
an amount fixed by the commissioner of labor and with 
sureties approved by the governor and council. Interest 
earned by such portion of the second injury fund deposited by 



1947] Chapter 266 419 

the state treasurer shall be collected by him and placed to the 
credit of the fund. All moneys which may come into said 
second injury fund are hereby perpetually appropriated to the 
commissioner of labor to be used by him for the purposes 
stated in the preceding section. The second injury fund shall 
be administered by the commissioner of labor without liability 
on the part of the state or the commissioner of labor beyond 
the amount of such fund. 

46. Peinalty for False Representation. A person who wil- 
fully makes a false statement or representation, for the pur- 
pose of obtaining any benefit or payment under the provisions 
of this chapter, either for himself or for any person shall be 
fined not more than one hundred dollars and the superior court 
may forfeit all his rights to the compensation sought. 

47. General Penalty. Except as otherwise provided, any 
person, firm or corporation violating any provision of this 
chapter or any order of the superior court or of the commis- 
sioner of labor hereunder shall, upon conviction thereof, be 
fined not more than one hundred dollars. 

48. Administration. All provisions of this chapter shall 
be administered and enforced by the commissioner of labor 
except as otherwise herein provided. 

49. Powers. The commissioner of labor shall have the 
power to make rules and regulations not inconsistent with law 
for the purposes of enforcing the provisions of this chapter. 
Said commissioner of labor may employ such clerical or other 
assistants, as he deems necessary for the proper performance 
of the duties of said commissioner of labor under this act and 
shall fix their compensation, subject to the approval of the 
governor and council. 

50. Report. Said commissioner of labor shall, in each even 
year, make a report to the governor showing the work done 
during the preceding two years and shall include therein a 
properly classified statement of its expenses, statistical in- 
formation relating to the number and character of industrial 
accidents during such two years and such other information 
and recommendations as seem pertinent. Such report shall be 
printed as part of the biennial report of the commissioner of 
labor. 

51. Appropriations. There is hereby appropriated for the 
commissioner of labor for the fiscal year ending June 30, 1948, 
the sum of ten thousand two hundred and fifty dollars, and 



420 Chapter 267 [1947 

for the fiscal year ending June 30, 1949, the sum of seven 
thousand five hundred dollars. 

52. Separability Clause. If any portion of this chapter is 
held unconstitutional or invalid, such holding shall not affect 
the validity of the chapter as a whole, or any part thereof 
which can be given effect without the part so held to be un- 
constitutional or invalid. 

53. Takes Effect. This act shall take effect sixty days 
after passage, provided, however, that any employer who has 
filed an acceptance of chapter 216, of the Revised Laws and 
amendments thereto shall be assumed to have accepted this 
chapter, unless any such employer who employs less than 
five persons, or an employer of farm labor or domestic 
servants, shall notify the commissioner of labor that he does 
not accept the provisions of this chapter on or before sixty 
days after passage. 

[Approved July 1, 1947.] 



CHAPTER 267. 



AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION AS TO 
ELIGIBILITY CONDITIONS FOR BENEFITS. 

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

1. Unemployment Benefits. Amend subsection D, section 3 
of chapter 218 of the Revised Laws, as amended by section 4, 
chapter 56 of the Laws of 1943; section 8, chapter 138 of the 
Laws of 1945 and section 11, chapter 59 of the Laws of 1947 
by striking out the whole of said subsection and inserting in 
place thereof the following : D. Prior to any week for which 
he receives benefits he has been totally unemployed (and for 
the purposes of this subsection an individual shall be deemed 
totally unemployed in any week in which he earns no wages 
in excess of three dollars) for a waiting period of one week 
within the same benefit year and fulfilled the other require- 
ments of this section; provided that this requirement shall 
not interrupt the payment of benefits for consecutive weeks 
of unemployment because of a change in the benefit year, 
even though a change in the weekly benefit amount and maxi- 



1947] Chapter 268 421 

mum benefits is effected. It is further provided that the 
period not to exceed one week of partial or total unemploy- 
ment or the period not to exceed two weeks of partial un- 
employment immediately preceding- the benefit year shall be 
deemed (for purposes of this subsection) to be within such 
benefit year as well as within the preceding benefit year. For 
the purposes of this paragraph, a week or weeks means the 
period of seven or fourteen calendar days immediately pre- 
ceding the first day of the benefit year or the calendar week 
or weeks immediately preceding the benefit year. For the pur- 
poses of this subsection, two weeks of partial unemployment 
shall be deemed equivalent to one week of total unemploy- 
ment. No week shall be counted as a week of total unem- 
ployment for the purposes of this subsection: (1) If bene- 
fits have been paid with respect thereto; (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. 

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

[Approved July 1, 1947.] 



CHAPTER 268. 



AN ACT RELATIVE TO THE SALARY OF THE SOLICITOR OF 
GRAFTON COUNTY. 

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

1. Salary of Solicitor of Grafton County. Amend section 
20 of chapter 24 of the Revised Laws, as amended by chap- 
ters 40 and 136 of the Laws of 1943, chapters 2, 27, 202, 213, 
242 and An Act relative to the salary of the solicitor of 
Belknap county. Laws of 1947, by striking out the word 
"twelve" in the eleventh line and inserting in place thereof 
the word, eighteen, so that said section as amended shall read 
as follows: 20. Salaries. The annual salaries of the solici- 
tors in the several counties shall be as follows : 

In Rockingham, fifteen hundred dollars. 

In Strafford, eighteen hundred dollars. 



422 Chapter 269 [1947 

In Belknap, fifteen hundred dollars. 
In Carroll, twelve hundred dollars. 
In Merrimack, two thousand dollars. 
In Hillsborough, twenty-eight hundred dollars. 
In Cheshire, fifteen hundred dollars. 
In Sullivan, twelve hundred dollars. 
In Grafton, eighteen hundred dollars. 
In Coos, eighteen hundred dollars. 
2. Takes Effect. This act shall take effect upon its 
passage. 

[Approved July 1, 1947.] 



CHAPTER 269. 

AN ACT RELATIVE TO TAX SALES AND TRANSFER OF TAX LIENS. 

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

1. Tajces. Amend section 32 of chapter 80 of the Revised 
Laws by striking out said section and inserting in place 
thereof the following: 32. Part Owners. Each person in- 
terested with others in any taxable real estate may pay his 
proportion of the tax assessed thereon, provided that his share 
or interest therein shall have been definitely determined and 
recorded in the annual invoice and in the warrant book as 
committed to the collector. In case of tax delinquency he 
may pay the taxes upon his share or interest in the property 
and the residue only may be sold. After the tax sale, and at 
any time before a deed thereto is given by the collector, he 
may redeem his interest in the land by paying his assessed 
proportion of the taxes, accrued interest and costs incident 
to advertisement and sale of said real estate. 

2. Real Estate Acquired by Town. Amend said chapter 80 
by inserting after section 32 a new section as follows: 32-a. 
Transfer of Lien; Sale of Property. No transfer of any tax 
lien upon real estate acquired by a town or city at a tax 
collector's sale for non-payment of taxes thereon shall be 
made to any person by the municipality during the two-year 
period allowed for redemption, nor shall title to any real estate 
taken by a town or city in default of redemption from a tax 



1947] Chapter 270 423 

sale be conveyed to any person unless the town, by majority 
vote at the annual meeting, or a city council by vote, shall 
authorize the selectmen or the mayor to transfer such lien 
or to convey such property by deed under such conditions as 
may be specified by the town meeting or city council. Such 
authority to transfer or to sell shall continue in effect for one 
year from the date of the town meeting or action by the city 
council unless otherwise provided. 

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

[Approved July 1, 1947.] 



CHAPTER 270. 



AN ACT RELATING TO THE SALARY OF THE SOLICITOR OF 
ROCKINGHAM COUNTY. 

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

1. Salary of Solicitor of Rockingham County. Amend 
section 20 of chapter 24 of the Revised Laws as amended by 
chapters 40 and 136 of the Laws of 1943 and by chapters 2, 
27, 202, 213, 242 and An Act relative to the salary of the 
solicitor of Belknap county, and An Act relative to the salary 
of the solicitor of Grafton county, Laws of 1947, by striking 
out the word "fifteen" after the word "Rockingham" and in- 
serting in place thereof the word, eighteen, so that said sec- 
tion as amended shall read as follows: 20. Salaries. The 
annual salaries of the solicitors in the several counties shall 
be as follows: 

In Rockingham, eighteen hundred dollars. 

In Strafford, eighteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, twenty-eight hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, eighteen hundred dollars. 



424 Chapters 271, 272 [1947 

2. Takes Effect. This act shall take effect as of January 1, 
1947, insofar as the salary of the solicitor of Rockingham 
county is concerned, otherwise upon its passage. 

[Approved July 1, 1947.] 



CHAPTER 271. 

AN ACT RELATING TO COMPENSATION OF ATTACHES OF THE 
LEGISLATURE. 

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, as amended by section 1, chapter 89 of the Laws 
of 1945, by striking out the whole of said section and insert- 
ing in place thereof the following : 23. Attaches. The com- 
pensation of the following attaches of the senate and house 
of representatives shall be: sergeant-at-arms, $6.50 a day; 
custodian of mails and supplies, $6 a day; messengers, assist- 
ant messengers, telephone messengers, library messengers, 
doorkeepers, wardens and assistant wardens, pages and 
chaplain, $5 a day; each for six days a week; provided 
that in case any one of such attaches of the senate 
or house of representatives shall be absent or incapacitated 
for the performance of his duties as such attache, his compen- 
sation may be suspended for such time during his [said] 
absence or incapacity as the finance committee of the senate 
or appropriations committee of the house of representatives 
may determine. 

2, Takes Effect. This act shall take effect as of January 1, 
1947. 

'[Approved July 1, 1947.] 



CHAPTER 272. 

AN ACT PROVIDING AN ADDITIONAL APPROPRIATION FOR THE 

FISH AND GAME DEPARTMENT FOR AN EXPANDED 

PROGRAM OF PROPAGATION. 

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

1. Fish and Game. Amend chapter 240 of the Revised 
Laws by inserting after section 41 the following new section : 



1947] Chapter 273 425 

41-a. Program of Propag-ation. In addition to the fish and 
game fund and to any other moneys appropriated by the legis- 
lature for the fish and game department there is hereby 
appropriated the sum of one hundred and fifty thousand 
dollars for each of the fiscal years ending June 30, 1948 and 
June 30, 1949 for the purposes of an expanded program for 
the propagation of fish and game, by the director with the 
approval of the commission. The sums hereby appropriated 
shall be a continuing appropriation and shall not lapse, but 
shall be held by the state treasurer in a separate fund for the 
purposes of propagation of fish and game only. The gover- 
nor is hereby authorized to draw his warrant for the sums 
hereby appropriated out of any money in the treasury not 
otherwise appropriated, or the state treasurer, with the con- 
sent of the governor and council, may for the purposes hereof 
borrow money from time to time by the issuance of serial 
notes in such sums as are needed, not to exceed one hundred 
fifty thousand dollars ($150,000) annually. Said serial notes 
and interest thereon shall be a charge upon the sinking fund 
as provided by chapter 126 of the Laws of 1931. 

2. Takes Effect. This act shall take effect July 1, 1947. 

! [Approved July 1, 1947.] 



CHAPTER 273. 

AN ACT RELATIVE TO MOTOR VEHICLE REGISTRATION FEES. 

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

1. Fees. Amend paragraph III of section 1 of chapter 118 
of the Revised Laws by inserting after the word "vehicle" 
in the first line the words, farm truck, so that the same as 
amended shall read as follows: III. For each motor vehicle, 
farm truck or tractor, including trailers and semi-trailers 
equipped with pneumatic tires, except motor cycles and motor 
cycle sidecars, and except as provided in paragraph IV, the 
following rates based on the gross weight of the vehicle and 
load: All vehicles and load not exceeding four thousand 
pounds, thirty-five cents per hundred pounds; exceeding four 
thousand and not exceeding six thousand pounds, forty-five 



426 Chapter 273 [1947 

cents per hundred pounds ; exceeding six thousand pounds and 
not exceeding- eight thousand pounds, fifty cents per hundred 
pounds; exceeding eight thousand pounds, sixty cents per 
hundred pounds. For all vehicles equipped with hard rubber 
tires the sum of twenty cents per hundred pounds shall be 
added to the above rates. For all vehicles equipped with iron, 
steel or other hard tires the sum of forty cents per hundred 
pounds shall be added to the above rates; provided that the 
minimum fee as provided herein shall be ten dollars for 
passenger vehicles and fifteen dollars for trucks. Equipment 
mounted on trucks of which the equipment is an integral part 
of the unit shall be registered at one third of the above rates. 
Cement mixers, saw rigs and air compressors towed by motor 
vehicles shall pay one tenth of the above rates except when 
towed exclusively within the limits of a single city or town, 
in which case no fees for registration shall be collected. In 
the registration of any tractor to be used in combination with 
a semi-trailer, the gross weight shall include the weight of 
such tractor, the weight of the heaviest semi-trailer to be 
used therewith, and the weight of the maximum load to be 
carried thereby, and separate registration certificates and 
plates shall be provided for the tractor and the semi-trailer. 
For the registration of each additional or extra semi-trailer 
the fee shall be twenty-five dollars. 

2. Motor Vehicles. Amend paragraph IV of section 1 of 
chapter 118 of the Revised Laws as amended by chapter 48, 
Laws of 1945, by striking out the entire paragraph and insert- 
ing in place thereof the following: IV. For each road oiler 
or bituminous distributor the fee shall be seventy-five dollars. 
For each tractor used for agricultural purposes only, each 
vehicle of the tractor type used for agricultural purposes only 
and used to draw another vehicle in such a way that a part 
of the load is carried on such towing vehicle, each tractor used 
for power purposes only that does not haul loads on the public 
highways except as hereinbefore provided for tractor type 
vehicles, each tractor or truck used only on snow and each 
snowmobile, two dollars. Each commercial vehicle or truck 
used for agricultural purposes only and used on the public 
highways within a radius of five miles from the main entrance 
of the farm upon which said vehicle is operated, or used to 
transport animals and agricultural products to agricultural 
fairs and exhibits for exhibition purposes only, two dollars, 



1947] Chapter 274 427 

provided that such vehicle under such limited registration 
shall not be used for the purpose of transporting products for 
sale or for hire. For each farm truck of a total weight, 
determined as provided in paragraph III of the section, not ex- 
ceeding sixteen thousand pounds, used only for the trans- 
portation of agricultural products produced on, and meant to 
be used in connection with the operation of, a farm or farms 
owned, operated or occupied by the registrant, the fee shall be 
twenty-five dollars, provided that a farm truck so registered 
shall not be used for the transportation of wood and lumber 
for sale other than from such farms on which the production 
of wood and lumber is incidental to other farm operations, nor 
shall such trucks be used for the retail delivery of milk. In 
the event that a farm truck registered under the twenty-five 
dollar fee as hereinbefore provided is thereafter registered for 
general use during the same registration year such fee shall 
be applied toward the fee for such general registration. 

3. Takes Effect. This act shall take effect April 1, 1948. 

[Approved July 1, 1947.] 



CHAPTER 274. 



AN ACT TO PROVIDE FOR THE DEVELOPMENT AND EXTENSION OF 

RECREATIONAL FACILITIES ON PUBLIC LANDS, AND THE 

FURTHER ACQUISITION OF RECREATIONAL AREAS. 

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

1. Declaration of Purpose. The purpose of this act is to 
provide funds as follows : I. For developments on the several 
public recreation areas where at present there is considerable 
investment of public funds and which, because of their age or 
extreme use, are not now capable of supplying recreation for 
the numbers of people who wish to use them, nor sufficiently 
developed to provide optimum financial returns; 

II. For the acquisition by use of options of areas of un- 
usual scenic, scientific, historic or recreational value suitable 
for future recreational development and needed to satisfy cen- 
ters of population, out-of-state vacationists and the needs of 
the local recreation business, not now adequately served; 

III. For necessary surveys and plans for future rec- 
reational development projects. 



428 Chapter 274 [1947 

2. Developmeiits. It shall be duty of the forestry and 
recreation commission to draw up the necessary plans and 
specifications for the needed developments on state forests and 
reservations as indicated herein, and to submit these, together 
with pertinent estimates as to the benefits that will accrue, 
such as increased services to the public and more efficient 
operations, to the governor and council, and with their 
approval proceed with these developments to the extent pro- 
vided herein. The governor and council shall give preference 
to projects which show promise of becoming wholly or sub- 
stantially self-liquidating. In approving any project, the 
governor and council may m_ake such orders regarding the dis- 
position of the revenues derived from such project as may be 
necessary, in their judgment, to insure the self -liquidating 
character of such project. 

3. Appropriation. A sum not exceeding five hundred thou- 
sand dollars is hereby appropriated for projects as may be 
approved by the governor and council as provided in section 2. 

4. Bonds or Notes Authorized. For the purpose of pro- 
viding funds necessary for the appropriation made by section 3 
the state treasurer is hereby authorized, under the direction 
of the governor and council, to borrow on the credit of the 
state from time to time a total of five hundred thousand 
dollars, for the purpose of carrying into effect the provisions 
of this act and for that purpose may issue bonds or notes in 
the name and on behalf of the state of New Hampshire at a 
rate of interest to be determined by the governor and council. 
The outstanding bonds or notes issued hereunder shall not at 
any one time exceed the sum of two hundred thousand dollars. 
The maturity dates of such bonds or notes shall be determined 
in each case by the governor and council but in no case shall 
they be later than 1959. Such bonds or notes may be re- 
newed from time to time by the issuance of other bonds or 
notes in the same manner, but the maturity dates of such re- 
newed bonds or notes shall not be later than 1959 and the 
total of the original bonds or notes plus such renewals shall 
not exceed five hundred thousand dollars. Bonds and notes 
authorized hereunder shall be paid from revenues from the 
operation of Cannon Mountain Aerial Tramway as provided 
in section 7. All bonds or notes (except short-term loans) 
issued under the provisions of this act shall be sold (1) at 
public sealed bidding (2) only after an advertisement calling 



1947] Chapter 274 429 

for bids has been published at least once in each of two suc- 
cessive calendar weeks in a newspaper of general circulation 
in New Hampshire, the first pubHcation being not less than 
thirty days prior to the day the bids will be received, and (3) 
to the highest bidder. The governor and council may reject 
any or all bids. 

5. Form. All such bonds or notes shall be in such form 
and such denominations as the governor and council shall de- 
termine, 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. 

6. 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 deHvery to the treasurer 
and the date of maturity. The state treasurer shall keep an 
account of each bond or note showing the number thereof, the 
name of the person to whom sold, the amount received for the 
same, the date of the sale and the date of maturity. The 
treasurer may negotiate and sell such bonds or notes by 
direction of the governor and council in such manner as they 
may determine most advantageous to the state. The proceeds 
of the sale of such bonds or notes shall be held by the treas- 
urer and paid out by him upon warrants drawn by the gover- 
nor 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. 

7. Payment of Bonds. Amend chapter 239 of the Revised 
Laws by inserting after section 6 the following new section: 
6-a. Bonds for Recreatioinal Activities. In addition to the 
payments authorized by section 6, from the balance of the 
special account therein provided, the sum of fifty thousand 
dollars shall be set aside annually beginning July 1, 1948, for 
ten successive years, which said sums shall be expended under 
the direction of the governor and council for the payment of 
the annually maturing principal payments upon the bonds or 
notes issued under the provisions of an act passed by the 
legislature of 1947 to provide for the development and exten- 
sion of recreational facilities on public lands. 

8. Interest Payments. Payment of interest on bonds or 



430 Chapters 275, 276 [1947 

notes herein authorized shall be a charge upon the forest im- 
provement and recreational fund established by section 14, 
chapter 234 of the Revised Laws, as amended by section 10, 
chapter 184, Laws of 1945. 

9. Takes Effect. This act shall take effect July 1, 1947. 

[Approved July 1, 1947.] 



CHAPTER 275. 

AN ACT REQUIRING PRE-NATAL STANDARD SEROLOGICAL TESTS FOR 
SYPHILIS. 

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

1. Pre-natal Tests. Amend chapter 150 of the Revised 
Laws by inserting at the end thereof the following new sub- 
division : 

Pre-natal Tests 
18. Tests Required. Every physician attending preg- 
nant women in the state for conditions relating to their preg- 
nancy during the period of gestation or at delivery shall, in 
the case of every woman so attended, take or cause to be 
taken, a sample of blood of such woman at the time of first 
examination, and shall submit such sample to an approved 
laboratory for standard serological tests for syphilis. Such 
approved tests shall be tests for syphilis approved by the state 
health officer and shall be made at a laboratory approved to 
make such tests by said health officer. Such laboratory tests 
may be made on request without charge at the department of 
health. 

2. Takes Effect. This act shall take effect as of July 1, 
1947. 

I [Approved July 1, 1947.] 



CHAPTER 276. 

AN ACT RELATING TO THE RETIREMENT SYSTEM FOR STATE 
EMPLOYEES. 
Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. State Employee Members. Amend paragraph I of sec- 
tion 11 of chapter 183 of the Laws of 1945 by striking out 



1947] Chapter 276 431 

said paragraph and inserting in place thereof the following: 
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 
known as the non-member trustees, shall be qualified 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 
the employees of the state. A panel of five employees shall 
be named by said association and filed with the secretary of 
state in advance of each such appointment. All vacancies 
shall be filled for the unexpired term and in like manner as 
the original appointments. 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. 

2. Compensation. Amend paragraph III of section 11 of 
chapter 183 of the laws of 1945 by striking out said paragraph 
and inserting in place thereof the following: III. The non- 
member trustees shall receive the sum of eight dollars per 
day for each day they are actually employed in the perform- 
ance of their duties under this chapter; and all trustees shall 
be reimbursed for their necessary expenses incurred in con- 
nection with their duties. 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 addition to any other compensation they may re- 
ceive from the state; provided, however, that the per diem 
payments to member trustees shall terminate as of Decem- 
ber 31, 1948. 

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

[Approved July 1, 1947.] 



432 Chapters 277, 278 [1947 

CHAPTER 277. 

AN ACT RELATING TO THE PAYMENT OF MOTOR VEHICLE ROAD 
TOLLS BY CITIES AND TOWNS. 

Be it enacted by the Senate and House of Rep7'esentatives in 
General Court convened: 

1. Road Toll. Amend paragraph I of section 16 of chap- 
ter 120 of the Revised Laws, as amended by chapter 65 of the 
Laws of 1943, by inserting after the word "highways" in the 
fourth hne the words, or any city, town, school district or 
village district which shall use any motor fuel in its own 
vehicles, so that said section as amended shall read as follows : 
I. Any person who shall use any motor fuel, with respect to 
which the road toll herein imposed has been paid, in any way 
other than in motor vehicles for the purpose of generating 
power for the propulsion thereof upon the public highways, or 
any city, town, school district or village district which shall 
use any motor fuel in its own vehicles, or any dealer who shall 
make sales specified in paragraphs (a), (b) and (c) of sec- 
tion 3 of this chapter, shall be entitled to a refund to the 
extent of the amount of said tolls so paid, with respect to such 
motor fuel. The right to receive any refund under the pro- 
visions of this section shall not be assignable and any assign- 
ment thereof shall be void. Nor shall any payment thereof 
be made to any person other than the original person entitled 
thereto using or selling motor fuel as hereinabove in this 
section set forth. 

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

[Approved July 1, 1947.] 



CHAPTER 278. 
AN ACT RELATING TO THE TAKING OF LOBSTERS AND CRABS. 

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

1. Taking Lobsters and Crabs. Amend chapter 245 of the 
Revised Laws by inserting after section 43 the the following 
new section : 43-a. Removal of Devices. Any person whose 



1947] Chapter 279 433 

license has been suspended shall within five days remove 
from the waters all lobster traps, pots, cars, or any device 
used in the taking or storing of lobsters and crabs. 

2. Prohibition. Amend section 52 of chapter 245 of the 
Revised Laws by striking out the whole thereof and inserting 
in place thereof the following: 52. Prohibition. If a con- 
servation officer shall inform a person, from a boat or from a 
landing, that his boat and its contents are about to be in- 
spected it shall be unlawful for said person to throw overboard 
or destroy any pot, trap, car, contrivance, bag, box or other 
receptacle used for storing or catching lobsters or crabs, or 
the contents thereof, prior to such inspection. If any person 
shall refuse to stand by for such inspection he shall be sub- 
ject to arrest. Any person violating the provisions of this 
section shall be fined not exceeding one hundred dollars or 
imprisoned for not exceeding sixty days or both, and the 
director, in his discretion, after hearing, may suspend the 
license of such person to take lobsters and crabs, for not ex- 
ceeding one year. 

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

i[Approved July 1, 1947.] 



CHAPTER 279. 



AN ACT TO PROVIDE FOR THE MENTAL EXAMINATION AND TREAT- 
MENT OF CERTAIN CHILDREN. 

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

1. Commission of Mental Health. The provisions of this 
chapter shall be administered by the commission of mental 
health established by section 34, chapter 17, Revised Laws, as 
amended by chapter 116, Laws of 1943. 

2. Duties. The commission shall manage and conduct the 
mental hygiene clinics already existing under the division of 
mental hygiene and child guidance of the state hospital and 
such other clinics of that nature as may in the future be 
provided for. They shall also establish and maintain an in- 
stitution to be known as the children's study home, but before 



434 Chapter 279 [1947 

expending any money herein or hereafter appropriated for 
capital expense, shall submit plans and estimates for the same 
to the governor and council for their approval. 

3. Purposes of the Home. The home shall be maintained 
primarily for the psychiatric and psychologic study and treat- 
ment of such children as may be committed to its care for 
that purpose; provided however, that children committed to 
the home for such purpose shall not be permitted to remain 
there longer than six months at any one time. Pending the time 
before an order may be made for the disposition of a neglected 
child under the provisions of section 10, chapter 132, Revised 
Laws, the commissioner of public welfare or his authorized 
agent may commit such child to the home until such order 
shall be made for the child's care but in no event for a period 
longer than sixty days, and shall not, provided space in the 
home is available, temporarily place such child in a county 
farm, unless it be a babe in the arms of a mother. 

4. Powers of the Commission. The commission shall en- 
gage a director for the home and such staff members and em- 
ployees as may be deemed by them necessary for the conduct 
of the home and clinics. They shall make regulations for the 
management of the home and clinics and all persons connected 
therewith and for the admission, care and treatment of chil- 
dren thereto and therein, and may alter the same from time 
to time as convenience may require, provided that said rules 
shall be consistent with the provisions of this act. 

5. Commitment by Court. Amend section 14, chapter 132, 
Revised Laws, by striking out the same and inserting in place 
thereof the following: 14. Orders for Physical and Mental 
Treatment. If it is alleged in any complaint or it appears at 
any time during the progress of the case that a neglected or 
delinquent child is in need for physical treatment, the failure 
to receive which is a contributing cause of neglect or de- 
linquency, due notice of that fact shall be given as provided 
in section 4. If the court, upon hearing, finds that such 
treatment is reasonably required, he shall order the parent, 
guardian or custodian of the child to provide it. If this order 
is not obeyed within a reasonable time, the court shall require 
such treatment to be provided at the expense of the town in 
which the child resides, and recovery of the expenses thereby 
incurred shall be had from the person or persons chargeable 



1947] Chapter 279 435 

by law for the child's necessities. Upon like terms and sub- 
ject to like payment, the court may order mental treatment 
for a neglected child. Any court finding that a juvenile is 
delinquent shall, before making disposition of the case as 
provided in section 13, order such delinquent to be taken for 
examination to the nearest mental hygiene clinic, having re- 
gard to time and place, that is served by the commission of 
mental health. If at the clinic the juvenile delinquent shall 
not appear to present a case for further mental study and 
treatment, the commission of mental health shall report to 
the court that fact and such other findings as may be perti- 
nent, and the court shall dispose of the case as provided in 
section 13. If the juvenile shall appear to present a case for 
further study and treatment that fact shall be reported by 
the said commission to the court, and if the court finds that 
fact to be true, upon hearing' and after notice as provided in 
section 4, the court may commit the juvenile to the children's 
study home for such further study, treatment and care. All 
transportation charges for juveniles in connection with their 
examination and study shall be paid in the same manner as 
provided for in connection with physical treatment, and the 
commission may recover for their study, treatment and care 
from the person or persons chargeable by law for the child's 
necessities. When the ofiftcers of the home are prepared to 
make a final report upon a juvenile committed by a court to the 
home, they shall transmit the report, in behalf of the com- 
mission, to the court. Such report shall contain all perti- 
nent data as to the child's mental condition and the prognosis 
of the case and such other data as may be of aid to the court. 
The court may thereupon make such order for the disposition 
of the case as is authoirzed by section 13. If occasion appears, 
the court, after such order is made, may recommit the child 
to the home for further study, treatment and .care and may 
thereafter modify the order disposing of the child as justice 
and the v/elfare of the child and society require, provided that 
such modification be within the scope of the authority con- 
ferred by section 13. All reports received by the court under 
this section shall be a part of the records of the court. 

6. Admission to the Home of Other Children. Children 
not subject to proceedings in juvenile court may be admitted 
to the home for study, treatment and care upon such terms as 
the commission may determine. 



436 Chapter 279 [1947 

7. Discharge. The commission may discharge any child 
committed to the home whenever further detention is in their 
opinion unnecessary or undesirable and return the child to the 
custody from which the home received the child. 

8. Records of the Commission. Full and complete records 
shall be kept by the commission of the treatment and care of 
each child committed to the home and of the study of each 
child in both home and clinic. Such records shall only be 
available to any court that may have jurisdiction of the child 
in any matter pending in this state or to such person or per- 
sons as may be authorized by such court. Such records shall 
not be open to the inspection of any other persons, not on the 
staff of the commission, except that a justice of the superior 
court may in his discretion on application make an order to 
permit examination of the records by the prosecuting officer 
of any other jurisdiction in which charges of delinquency or 
crime are charged against the person involved. Nothing in 
this section shall be taken to prohibit the disclosure by the 
commission to the legislature or the public of the generalized 
facts relating to the children examined in the clinics or 
committed to the home, together with their conclusions as to 
the proper means for the control of such children and for 
child guidance as they draw from their experience, provided 
that the names and identities of particular children may not 
be disclosed. 

9. Capital Appropriation. The sum of two hundred fifty 
thousand dollars ($250,000) is hereby appropriated for the 
acquisition of lands, buildings, furniture, and equipment for 
said home. The state treasurer is hereby authorized, under 
the direction of the governor and council, to borrow said sum 
upon the credit of the state for the purposes herein author- 
ized and for that purpose may issue bonds or notes in the 
name and on behalf of the state of New Hampshire at a rate 
of interest to be determined by the governor and council. The 
maturity dates of such bonds or notes shall be determined by 
the governor and council but in no case shall they be later 
than twenty years from the date of issue. Such bonds or 
notes may be renewed from time to time by the issuance of 
other bonds or notes in the same manner but the maturity 
dates of such renewed bonds or notes shall not be later than 
twenty years from the date of the issue of the original bond or 



1947] Chapter 280 437 

note renewed thereby. All such bonds or notes shall be in such 
form and such denominations as the governor and council shall 
determine, may be registerable as to both principal and interest, 
shall be countersigned by the governor and shall be deemed 
a pledge of the faith and credit of the state. The secretary of 
state shall keep an account of all such bonds or notes counter- 
signed by the governor showing the amount of the bond or 
note, the time of countersigning, and 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. The treasurer may negotiate and sell such bonds 
or notes by direction of the governor and council in such 
manner as they may determine most advantageous to the 
state. The proceeds of the sale of such bonds or notes shall 
be held by the treasurer and paid out by him upon warrants 
drawn by the governor for the purposes of this act alone. 

10. Operation and Maintenance. The sum of seventy 
thousand dollars ($70,000) is hereby appropriated for the 
fiscal year ending June 30, 1949 for the operation and mainte- 
nance of such home and for the carrying on of such mental 
hygiene clinics, including the payment of salaries of the neces- 
sary personnel. 

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

[Approved July 1, 1947.] 



CHAPTER 280. 

AN ACT RELATING TO THE RACING COMMISSION. 

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

1. Duties of Assistants. Amend section 4 of chapter 171 
of the Revised Laws by inserting after the word "prescribed" 
in the fifth line thereof the words: The commission shall 
specify the duties to be performed by its assistants and em- 
ployees and it shall have authority, for cause to terminate the 
employment of any member of its personnel ; and by inserting 



438 Chapter 280 [1947 

after the word "employee" in the seventh line the words, ex- 
cept police officers, so that said section as amended shall read 
as follows: 4. Assistaints. The commission, with the 
approval of the governor and council, is authorized to employ 
such assistants and employees as it may deem necessary to 
provide adequate policing and to carry out the purposes hereof 
at such compensation on a per diem basis as the commission 
may prescribe. The commission shall specify the duties to 
be performed by its assistants and employees and it shall have 
authority, for cause, to terminate the employment of any 
member of its personnel. It shall be unlawful, however, 
for the commission to appoint to any position under its 
jurisdiction any state, county, city, or town official or em- 
ployee, except police officers, whose total annual salary or 
compensation from said state, county, city, or town exceeds 
one thousand dollars. 

2. Employees of Licensees. Amend section 11 of chapter 
171 of the Revised Laws by inserting after the word "hear- 
ing" in the ninth line thereof, the words: The commission 
may at any time for cause require the removal of any em- 
ployee or official employed by any licensee hereunder, so that 
said section as amended shall read as follows: 11. Issuance 
of Licenses. If the commission is satisfied that all the pro- 
visions hereof and the rules and regulations prescribed have 
been and will be complied with by the applicant, it may issue 
a license which shall expire on the thirty-first day of Decem- 
ber. The license shall set forth the name of the licensee, the 
place where the races or race meets are to be held, and the 
time and number of days during which racing may be con- 
ducted by said licensee. Any license issued shall not be trans- 
ferable nor assignable. Said commission shall have power to 
revoke any license for good cause upon reasonable notice and 
hearing. The commission may at any time for cause require 
the removal of any employee or official employed by any 
licensee hereunder. The license of any corporation shall auto- 
matically cease upon the change in ownership, legal or 
equitable, of fifty per cent or more of the voting stock of the 
corporation and the corporation shall not hold a running or 
harness horse race or meet for public exhibition without a new 
license. 

3. Hours. Amend section 8, chapter 171, Revised Laws, 
by adding at the end thereof the words, nor any weekday 



1947] Chapter 281 439 

after seven o'clock P. M, eastern standard time, so that said 
section as amended shall read as follows: 8. Rules and 
Regulations. Said commission shall make rules and regu- 
lations for the holding, conducting, and operating of all run- 
ning or harness horse races or meets for public exhibition and 
for the operation of race tracks on which any such race or 
meet is held. No such race or meet shall be permitted on 
Sunday nor any weekday after seven o'clock P. M. eastern 
standard time. 

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

i[Approved July 1, 1947.] 



CHPTER 281. 

AN ACT RELATING TO THE REGULATION AND DEVELOPMENT OF 
AERONAUTICS. 

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

1. Declaration of Purpose. Amend section 2 of chapter 
306 of the Revised Laws by adding after paragraph (c) the 
following new paragraph : (d) Providing for the protection 
and promotion of the public interest and safety in connection 
with the operation of aircraft. 

2. Investigations. Amend said chapter 306 by inserting 
after section 8 the following new section: 8-a. Investi- 
gations. The commission, or the director when authorized by 
the commission, shall have the power to hold investigations, 
inquiries and hearings concerning aircraft accidents and 
violations or in connection with any matter relating to aero- 
nautics and is authorized to do so jointly with any agency of 
the United States. 

3. Aeronautics. Amend section 12 of said chapter 306 by 
striking out the same and inserting in place thereof the follow- 
ing: 12. State Airways System. The state airways system 
is hereby declared to consist of all air navigation facilities 
available for public use now existing or hereafter established, 
whether publicly or privately owned and whether natural or 
man made, except those under the jurisdiction of the federal 



440 Chapter 281 [1947 

government. It is hereby declared that jurisdiction over the 
state airways system is vested in the commission and that ex- 
penditure of state funds in the interest of safety on any or 
all of the facilities of this system serves a useful public pur- 
pose and satisfies a public need. The commission shall pre- 
scribe the terms and conditions of the activities authorized 
for each such facility. 

4. Federal Aid Airport Funds. Amend said chapter 306 
by inserting after section 15 the following new section: 15-a. 
Federal Aid Airport Funds. No municipality in this state, 
whether acting alone or jointly with another municipality or 
with the state, shall submit to the Administrator of Civil 
Aeronautics of the United States any project application un- 
der the provisions of Section 9 (a) of the Act of Congress 
approved May 13, 1946, being a Public Law 377, 79th 
Congress, known and hereinafter designated as the "Federal 
Airport Act," or any amendment thereof, unless the project 
and the project application have been first approved by the 
commission. No such municipality shall directly accept, re- 
ceive, receipt for, or disburse any funds granted by the United 
States under the Federal Airport Act, but it shall designate 
the director of aeronautics as its agent and in its behalf to 
accept, receive, receipt for and disburse such funds. It shall 
enter into an agreement with the director prescribing the 
terms and conditions of such agency in accordance with 
federal laws, rules and regulations and applicable laws of this 
state. Such moneys as are paid over by the United States 
government shall be retained by the state or paid over to said 
municipality under such terms and conditions as may be im- 
posed by the United States government in making such grant. 

5. Use of Air Navigation Facilities. Amend section 16 of 
said chapter 306 by inserting after the word "facilities" in the 
fifth line the words, prescribing the same minimum standards 
for all operators, and by adding at the end thereof the follow- 
ing : Such a contractual or lease agreement shall be adequate 
in its terms as to duration so as to assure permanence and 
stability to an operator in the use of the airport for any 
aeronautical business or operation up to the capacity of the 
airport with respect to air safety, so that said section as 
amended shall read as follows: 16. Use of Air Navigation 
Facilities. There shall be no exclusive right for the use of 
any landing area or air navigation facility upon which state 



1947] Chapter 281 441 

or federal funds have been expended. Provided, that the state 
or a town acquiring air navigation facilities under the pro- 
visions of this chapter, is authorized to contract for or lease 
to any person the use of the facilities, prescribing the same 
minimum standards for all operators, and may establish 
reasonable rent or fees therefor. Such a contractual or lease 
agreement shall be adequate in its terms as to duration so as 
to assure permanence and stability to an operator in the use 
of the airport for any aeronautical business or operation up to 
the capacity of the airport with respect to air safety. 

6; Airport Site. Amend said chapter 306 by inserting 
after section 17 the following new sections : 17-a. Approval. 
Any municipality or person desiring or planning to construct 
or establish an airport prior to the acquisition of the site or 
prior to the construction or establishment of the proposed air- 
port, may make application to the commission for approval 
of the site. The commission shall, with reasonable dispatch, 
grant approval of the site if it is satisfied: (1) that the site 
is adequate for the proposed airport; (2) that such proposed 
airport, if constructed or established, will conform to minimum 
standards of safety; and (3) that safe air traffic patterns could 
be worked out for such proposed airport and for all existing air- 
ports and approved airport sites in its vicinity. An approval of 
a site may be granted subject to any reasonable conditions 
which the commission may deem necessary to effectuate the 
purposes of this section, and shall remain in effect, unless 
sooner revoked by the commission, until a license for an air- 
port located on the approved site has been issued pursuant to 
section 17-b, The commission, after notice and opportunity for 
hearing to holders of certificates of an approval, may revoke 
such approval when it shall reasonably determine (1) that 
there has been an abandonment of the site as an airport site, 
or (2) that there has been a failure within the time pre- 
scribed, or if no time was prescribed, within a reasonable time, 
to develop the site as an airport or to comply with the condi- 
tions of the approval, or (3) that because of changed circum- 
stances the site is no longer usable for the aeronautical pur- 
poses for which the approval was granted. No approval shall 
be required for the site of any existing airport. 17-b. Air- 
port Licenses. The commission shall, with reasonable dis- 
patch, upon receipt of an application for an original license 
and the payment of the duly required fee therefor, issue an 



442 Chapter 281 [1947 

appropriate license if it is satisfied that the airport conforms 
to minimum standards of safety and that safe air traffic 
patterns can be worked out for such airport and for all exist- 
ing airports and approved airport sites in its vicinity. All 
licenses shall be subject to the provisions of sections 19, 20, 21 
and 22 of this act as to form of application, fees, effective date, 
duration and non-transferability. Licenses and renewals there- 
of may be issued subject to any conditions that the commission 
may deem necessary. After notice and opportunity for hear- 
ing to the licensee, the commission may revoke any license or 
renewal thereof, or refuse to issue a renewal, when it shall 
determine (1) that there has been an abandonment of the air- 
port as such, or (2) that there has been a failure to comply 
with the conditions of the license or renewal thereof, or (3) 
that because of changed circumstances the airport has become 
either unsafe or unusable for the aeronautical purposes for 
which the license or renewal was issued. 

7. Aircraft Dealer Registration Certificate. Amend sec- 
tion 29 of said chapter 306 by adding after paragraph VIII 
the following new paragraph: IX. For each aircraft deal- 
er's registration certificate for ferrying and demonstration 
purposes, one dollar. 

8. Airways Toll. Amend said chapter 306 by inserting 
after section 30 the following section: 30-a. Airways Toll. 
There is hereby imposed an airways toll of four cents per 
gallon upon the sale of each gallon of motor fuel or 
fuel as defined in chapter 65, Laws of 1943, sold to and 
used in, the propulsion of aircraft. The airways toll shall 
be subject to the exemptions provided for government sales 
by section 3 of chapter 65, Laws of 1943. The amount of 
motor fuel or fuel sold to and used in the propulsion of air- 
craft shall be determined by, and the toll shall be collected by, 
the commissioner of motor vehicles, under the authority and 
procedure established by the provisions of chapter 65, Laws 
of 1943, and the commissioner of motor vehicles may further 
promulgate and establish such additional rules, regulations 
and procedures as he may deem necessary in the collection and 
allocation of the airways toll provided herein. In the case of 
sales of fuel, the airways toll shall be collected at the time of 
the sale of such fuel and payment made to the commissioner 
in the same manner as in the case of motor fuel. The com- 



1947] Chapter 281 443 

missioner shall pay monthly to the state treasurer all revenue 
collected in accordance with the foregoing provisions. 

9. Aeronautical Fund. Amend section 32 of said chapter 
306 by striking out the same and inserting in place thereof 
the following: 32. Aeronautical Fuind. There is hereby 
established in the state treasury a fund to be known as the 
aeronautical fund. All fees and fines or other income received 
by the commission under the provisions hereof; all revenue 
from the airways toll; and moneys herein or hereafter appro- 
priated to carry out the provisions hereof shall be kept by the 
state treasurer in said aeronautical fund to be paid out by 
him upon warrants drawn by the governor with the advice 
and consent of the council for the purpose of this chapter sub- 
ject to the following limitations on the revenue derived from 
the airways toll; one-half shall be used for the establishment 
and maintenance of air navigation facilities on the state air- 
ways system and one-half shall be used for the repayment of 
bonds or notes authorized hereunder. Subject to budgetary 
limitations, the aeronautical fund is annually appropriated for 
the use of the commission during the fiscal year of its receipt 
by the state treasurer and the unexpended balance of said 
fund shall be carried forward and added to the appropriation 
for the subsequent year. 

10. Appropriation; Bonds or Notes Authorized. Amend 
section 33 of said chapter 306 by striking out the said section 
and inserting in place thereof the following new sections: 
33. Appropriations; Bonds or Notes Authorized. The sum 
of one hundred fifty thousand dollars is hereby appropriated 
to be used as needed for the purpose of equal matching of 
town funds for the construction of airports, excluding the cost 
of land and buildings, under the Federal Aid Airport Program 
or for equal matching of town funds for the construction of 
airports, excluding the cost of land and buildings, by state 
contributions not in excess of five thousand dollars and to pro- 
vide 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 one hundred 
and fifty 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 



444 Chapter 282 [1947 

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 pur- 
poses of this act only, and the governor, with the advice and 
consent of the council, shall draw warrants for the payment 
from the funds provided for herein of all sums expended or 
due for the purposes herein authorized. Such bonds shall be 
negotiated by the treasurer by direction of the governor and 
council as they deem to be most advantageous to the state. 
33-a. 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 parson to whom sold, the amount received for the 
same, the date of sale and the date of maturity. 33-b. 
Short-Term Notes. Prior to the issuance of the bonds or 
notes hereunder the treasurer, under the direction of the gov- 
ernor 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, however, that 
at no time shall the indebtedness of the state on such short- 
term loans exceed the sum of one hundred and fifty thousand 
dollars. 

11. Takes Effect. This act shall take effect on Septem- 
ber 1, 1947. 

'[Approved July 1, 1947.] 



CHAPTER 282. 

AN ACT RELATIVE TO LIABILITY OF HOTEL KEEPERS FOR LOSSES 
BY GUESTS. 

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

1. Hotel Keepers. Amend section 1 of chapter 208 of the 
Revised Laws by striking out said section and inserting in 



1947] Chapter 282 445 

place thereof the following: 1. Liability for Losses. No 

hotel keeper, inn keeper, operator of over-night cabins, motor 
courts, or similar establishments, (hereinafter referred to as 
hotel keeper) shall be liable to a guest for the loss of wearing 
apparel or baggage belonging to such guest, where it shall 
appear that such loss takes place from the room or rooms 
assigned to such guest and provided such hotel keeper proves 
affirmatively that such loss was not caused or contributed to 
by his negligence or fault, or was caused solely by the negli- 
gence of such guest and in no case shall recovery for such loss 
exceed the sum of three hundred dollars. A hotel keeper shall 
provide a suitable safe in his hotel for the safe-keeping of 
money, jewelry, precious stones, watches, negotiable securities 
and other valuables belonging to the guests of such hotel and 
if such hotel keeper gives notice thereof by posting in the 
rooms of such guests and in the office of the hotel, in a con- 
spicuous manner, a notice containing a copy of this section 
and stating therein the fact that such safe is provided in 
which such property may be deposited, such hotel keeper shall 
not be liable to any guest for the loss by theft, or otherwise, 
of any such property not delivered, or offered to be delivered, 
to the person in charge of the office of such hotel for deposit 
in such safe, provided such hotel keeper proves affirmatively 
that such loss was not caused or contributed to by his negli- 
gence or fault, or was caused solely by the negligence of such 
guest, and such hotel keeper shall not be liable to any guest 
for any sum in excess of one thousand dollars on account of 
the loss by theft, or otherwise, of any such property received 
for deposit, except by special contract in writing stating the 
kind and value of the property received and the kind and ex- 
tent of the liability of the hotel keeper. Nor shall such hotel 
keeper be liable in any sum for the loss of other property, in- 
cluding wearing apparel and personal baggage, belonging to 
any guest and not within the room or rooms assigned to him, 
unless the same is specially entrusted to the care and custody 
of such hotel keeper or agents or servants. 

2. Takes Eif-ect. This act shall take effiect upon its 
passage. 

'[Approved July 1, 1947.] 



446 Chapters 283, 284 [1947 

CHAPTER 283. 
AN ACT RELATING TO COMPENSATION OF TRUSTEES. 

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

1. Trustees. Amend chapter 363, Revised Laws, by in- 
serting after section 19 the following new section: 20. 
Compensation. A trustee shall be allowed his reasonable ex- 
penses incurred in the execution of his trust ; and unless other- 
wise expressly provided in the trust instrument, he shall have 
such reasonable compensation for services as the judge may 
allow. Unless otherwise expressly provided in the trust in- 
strument, such compensation and expenses may be apportioned 
between principal and income as the judge may determine 
equitable. 

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

[Approved July 1, 1947.] 



CHAPTER 284. 



AN ACT RELATIVE TO THE SALARIES OF THE COMMISSIONERS OF 
ROCKINGHAM AND MERRIMACK COUNTIES. 

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

1. Rockingham and Merrimack Counties. 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 section 1, 
chapter 66 of the Laws of 1945 and section 1, chapter 163, 
Laws of 1945, by striking out the words "ten hundred" where 
they occur in the fourth and seventh lines and inserting in 
place thereof the words, fifteen hundred, so that said section 
as amended shall read as follows : 27. Commissiomers. The 
annual salary of each commissioner of the following counties 
shall be as follows, payable monthly by the county: 

In Rockingham, fifteen hundred dollars. 

In Strafford, twelve hundred dollars. 

In Belknap, twelve hundred dollars. 

In Merrimack, fifteen hundred dollars. 



1947] Chapter 285 447 

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, payable 
as hereinbefore provided. In Carroll county each commis- 
sioner, when employed in the business of the county, shall re- 
ceive eig-ht 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. Rockingham County. For each of the periods from 
January 1, 1947 to January 1, 1948, and from January 1, 1948 
to January 1, 1949, each county commissioner of the county of 
Rockingham shall be allowed and paid by the county the sum 
of three hundred dollars which said temporary compensation 
shall be in addition to the salary provided by section 27 of 
chapter 47 of the Revised Laws as hereinbefore amended. Said 
additional compensation shall be payable as provided in said 
section 27. 

3. Takes Effect. This act shall take effect as of Janu- 
ary 1, 1947. 

![Approved July 1, 1947.] 



CHAPTER 285. 

AN ACT RELATIVE TO THE PRACTICE OF NURSING. 

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

1. Practice of Nursing. Amend chapter 257 of the Re- 
vised Laws by striking out said chapter and inserting in place 
thereof the following: 

Chapter 257 

The Practice of Nursing 

1. Board of Nurse Examiners. There shall be a board 

of five nurse examiners, one to be appointed each year by the 

commissioner of education from a list of two nominated by 



448 Chapter 285 [1947 

the graduate nurses' association of New Hampshire. The 
term of office of each shall be five years and until a successor 
is appointed and qualified. Vacancies shall be filled in like 
manner for the unexpired term. No person shall be nominated 
for office as such board members unless he shall have had not 
less than five years of successful experience in the nursing 
profession, not less than two years of which experience shall 
have been in the field of nursing education. The board of 
nurse examiners shall be responsible for the direction and 
supervision of nursing education in all the schools of nursing 
in the state. 

2. Director of Nursing Education. Said board, upon 
nomination of the commissioner of education and the approval 
of the governor and council, shall appoint a director of nurs- 
ing education, whose salary shall be fixed by the board and 
who shall serve at the pleasure of the board. The duties of 
said director shall be defined by the board and shall include 
direction and supervision of the educational program in all 
schools of nursing in the state. 

3. Rules, Reports. The board, with the advice of the 
commissioner of education, shall make all necessary rules for 
the examination of nurses applying for certification hereunder, 
and shall report annually to the governor the receipts and ex- 
penditures under the provisions hereof. 

4. Compensation. Each member of the board of ex- 
aminers shall be paid five dollars for each day actually en- 
gaged on official duties hereunder, and shall be reimbursed for 
actual expenses incurred therein. Said compensation and ex- 
penses shall be paid by the state to an amount not exceeding 
the fees received hereunder. 

5. Defiinition. A person shall be deemed to be practic- 
ing nursing within the provisions of this chapter who 
for compensation or personal profit performs any pro- 
fessional services requiring the application of principles of 
nursing based on biological, physical and social sciences, such 
as responsible supervision of a patient requiring skill in obser- 
vation of symptons and reactions and the accurate recording 
of the facts and carrying out of treatments and medications 
as prescribed by a licensed physician, and the application of 
such nursing procedures as involve understanding of cause 
and effect in order to safeguard life and health of a patient 
and others. 



1947] Chapter 285 449 

6. Registration. Any person of good moral character 
over twenty-one years of age who is a citizen of the United 
States or who has legally declared his intention of becoming 
one or who is a citizen of a Canadian province, who holds a 
diploma from a state accredited school of nursing giving a 
course of at least three years or its equivalent in a university 
or college of nursing, affiliated with an institution or insti- 
tutions approved by the board of nurse examiners as main- 
taining in this and other respects adequate standards, all of 
which shall be determined by the said board, and who shall 
have received from the board a certificate of qualification to 
practice as a registered nurse, shall be styled and known as a 
registered nurse and no other person shall assume such title 
or use the abbreviation R. N. or any other words, letters, or 
figures to indicate that the person using the same is a regis- 
tered nurse. 

7. Reciprocal Registration. Any person from another 
state registered by the board as maintaining standards not 
lower than those provided by this chapter, who shall show to 
the satisfaction of the board that he is properly and duly 
registered for the practice of nursing in such state, upon the 
payment of the fee for a certificate of qualification provided 
herein, shall be entitled to registration in this state without 
an examination. 

8. Fees. Each person applying for certification of 
qualification to practice as a registered nurse, or for exami- 
nation and such certification, shall pay to- the commissioner of 
education a fee of ten dollars. The commissioner shall pay 
all fees so received and all fees from annual permits to the 
state treasurer who shall keep the same in a separate fund to 
be used only for the purposes of the board of nurse examiners 
hereunder. 

9. Revocation. The board may revoke any certificate of 
qualification to practice nursing for sufficient cause after 
fourteen days' notice in writing to the holder thereof and a 
hearing. Such notice shall contain a statement of the grounds 
upon which the complaint is based. The hearings upon such 
complaints shall be conducted in private, except upon the 
special request of the party complained of. No person shall 
practice nursing under any revoked certificate. 

10. Annual Permit. Any person who has at any time 
received a certificate of qualification to practice as a regis- 



450 Chapter 285 [1947 

tered nurse, whether in this or any other state and intends to 
engage in the practice of nursing in this state, shall annually 
before July first file his name and address with the com- 
missioner of education and pay to the commissioner a fee 
of one dollar, whereupon, if he has complied with all the 
requirements of this chapter, and the rules and regula- 
tions of the board of nurse examiners, he shall be granted a 
permit which shall entitle him to engage in the practice of 
nursing for the period ending on July first next following. 

11. Prohibition. No person shall engage in the practice 
of nursing in this state unless he has received a certificate of 
qualification to practice and unless he has received an annual 
permit to so practice. 

12. Persons Excepted. This chapter shall not apply to 
the gratuitous nursing of, or caring for the sick by friends or 
members of the family, nor to any person nursing the sick 
for hire who does not in any way assume to be a registered 
nurse. Provided further that a legally qualified nurse from 
another state may engage in the practice of nursing in this 
state, for a period not to exceed six months, if during said 
period application has been made for reciprocal registration 
hereunder. 

13. Public Health Nursing. No person shall engage in 
any of the various forms of public health nursing unless he is 
a registered nurse and holds valid annual permit as provided 
in section 10; provided that this section shall not aflfect any 
person who, previous to July 1, 1925, has been employed in 
this state in said capacity. 

14. False Representations. Any person who shall wil- 
fully make any false representation in applying for a certifi- 
cate of qualification or annual permit shall be fined not less 
than one hundred nor more than five hundred dollars. 

15. Penalty. Whoever violates any other provision of 
this chapter shall be fined not less than one hundred dollars. 

2. Appropriation. For the purpose of carrying out the 
provisions hereof there is hereby appropriated the sum of 
three thousand seven hundred and fifty dollars for the fiscal 
year ending June 30, 1948, and a like sum for the fiscal year 
ending June 30, 1949. The sums hereby appropriated by the 
state shall be expended under the direction of the board of 
nurse examiners and the governor is authorized to draw his 



1947] Chapter 286 451 

warrant for said sums out of any money in the treasury not 
otherwise appropriated. The sums appropriated under the 
provisions of this section shall be in addition to any fees re- 
ceived by said board of nurse examiners under the provisions 
of chapter 257 as hereinbefore amended. Any funds provided 
hereunder which are not expended in any fiscal year shall lapse 
into the general funds of the state. 

3. Takes Effect. This act shall take effect as of July 1, 
1947. 

([Approved July 1, 1947.] 



CHAPTER 286. 
AN ACT TO PROVIDE STATE AID FOR LOW-RENT HOUSING. 

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

1. Finding- of Necessity and Purpose. It is hereby declared 
that there exists an acute shortage of housing for low-income 
inhabitants of the state, including many veterans of World 
War II, and their families, and that they are unable to obtain 
adequate, safe and sanitary dwelling accommodations within 
their financial means; that the resulting conditions of in- 
security, overcrowding, use of unsound and unsanitary build- 
ings and dislocation of family life are disruptive of family life, 
injuries to health and safety and detrimental to morale and 
constitute a dangerous threat to the well-being of the entire 
state ; that private enterprise is not able to satisfactorily alle- 
viate this shortage due to high material and labor costs; that 
the general welfare and security of the state and the health 
and living standards of its people require a production of resi- 
dential construction and related community development suf- 
ficient to remedy the serious cumulative housing shortage, to 
provide homes for returned veterans and their families, and to 
provide homes for industrial workers; that it is in the public 
interest that work on housing projects for low-income families 
be commenced as soon as possible to alleviate the housing 
shortage which now constitutes an emergency; and that the 
necessity in the public interest for the provisions hereinafter 
enacted is a matter of legislative determination. 



452 ■ Chapter 286 [1947 

2. Policy. It is hereby declared to be the policy of the 
state of New Hampshire to promote the general welfare of 
the state by employing its credit and its funds to assist the 
cities and towns through local housing authorities to alleviate 
the shortage of decent, safe and sanitary dwellings for 
families of low income (as defined in section 3, chapter 169, 
Revised Laws) ; and to authorize the early planning and com- 
mencement of construction of low-rent housing projects, to be 
transferred, if advisable, from the program of financial assist- 
ance by the state to the program of federal assistance, when 
such is made available. 

3. Designation. Sections 1-30 inclusive, of chapter 169 of 
the Revised Laws, as amended, are hereby designated Part I 
of said chapter. 

4. Definition. For the purposes of Part 11 and Part III 
hereafter, the definition of "Federal Government" set forth in 
Part I, chapter 169, as amended, shall include the state gov- 
ernment. 

5. State Housing Board. Amend chapter 169 of the Re- 
vised Laws by adding after Part I, as hereinbefore numbered, 
the following new parts: 

Part II 
State Housing Board 

1. Sitate Housing Board; Creation. For the purpose of 
effecting the provisions of this chapter, there shall be a state 
housing board composed of four members to be appointed by 
the governor with the advice and consent of the council, one 
of whom shall be designated by the governor as chairman, 
and the executive director of the state planning and develop- 
ment commission, ex officio. Not less than two members shall 
be veterans. The members who are first appointed shall be 
designated to serve for terms of one, two, three, and four 
years, respectively, but thereafter the term of office shall be 
four years, and each member shall continue in office until his 
successor has been appointed and qualified, subject to removal 
for cause by the governor and council. If a vacancy occurs, 
it shall be filled for the remainder of the term. The majority 
of the board shall constitute a quorum. 

2. Compensation. All the members of the board shall 
serve without salary, but they may receive such compensation 



1947] Chapter 286 453 

for attending meetings as may be fixed by the governor and 
council, with reasonable expenses incurred in the performance 
of their duties. 

3. Powers. The state housing board shall have power: 

(a) to adopt such regulations for carrying out the terms 
of this act as they shall find necessary and desirable ; 

(b) to collect and correlate information regarding hous- 
ing projects and housing laws either within or without the 
state, and upon request to furnish local housing authorities, 
cities or towns, information and advice in connection with any 
housing project; 

(c) to appoint such employees and contract for such con- 
sultants as they shall find necessary, and to fix their compen- 
sation, subject to the approval of the governor and council; 

(d) with the consent of the governor and council, to en- 
ter into contracts with local housing authorities in the name 
of the state for assistance to one or more housing projects; 

(e) to enforce any of its authorized orders in the courts 
of the state ; 

(f) to do such other acts or perform such other duties 
in connection with housing as may from time to time be 
authorized or delegated to it by the governor and council or 
the legislature. 

Part III 
State Assistance for Low-rent Housing Projects 
1. Contracts for State Assistance of Housing Projects. 

The state housing board may, in the name of the state, sub- 
ject to the approval of the governor with the advice and con- 
sent of the council, enter into contracts with local housing 
authorities for assistance of one or more housing projects. 
Each such contract shall be based on a separate application 
made by a housing authority to the board. Eligibility for the 
state assistance of any housing project shall be determined 
by the board. All contracts for the construction or recon- 
struction of all buildings hereunder shall be awarded to the 
lowest responsible bidder submitting a sealed bid after an 
advertisement calling for bids has been published at least 
once in two successive weeks in a newspaper in general cir- 
culation in New Hampshire. The first publication of such ad- 
vertisement shall be not less than thirty days prior to the 



454 Chapter 286 [1947 

date upon which bids are received. If not more than one bid 
is received the local authority subject to approval of state 
housing board may negotiate a contract upon terms which it 
may deem most advantageous to the authority. The author- 
ity may reject any or all bids. 

2. Form of Assistance. Contracts for state assistance 
of a housing project may provide for guarantee of temporary 
notes issued by the housing authority to finance the cost of 
the housing project prior to the issuance of definitive bonds, 
and for annual subsidies after the definitive bonds are sold, 
to assist in achieving and maintaining the low-rent character 
of the project. State guarantee of any temporary notes here- 
under shall be made as provided in section 3. All bonds 
issued under the provisions of this act shall be sold (1) at 
public sealed bidding (2) only after an advertisement calling 
for bids has been published at least once in each of two succes- 
sive calendar weeks in a newspaper of general circulation in 
New Hampshire, the first publication being not less than 
thirty days prior to the day the bids will be received, and 
(3) to the highest bidder. The governor and council may 
reject any and all bids, and /or negotiate with the highest 
bidder. 

3. Temporary Notes. In anticipation of the sale of 
definitive bonds to meet the cost of a housing project author- 
ized under a contract for assistance by the state, an authority 
may sell temporary notes in an amount not in excess of the cost 
of the housing project as approved by the state housing board 
in the contract for assistance with the authority. Any sych 
note or notes may be refunded through the sale of similar 
notes, but no such refunding note or notes shall be issued 
after the sale of the definitive bonds covering the cost of the 
housing project. Notwithstanding the provisions of section 14, 
Part I of this chapter as amended, the payment of the prin- 
cipal of and interest on all such notes may be guaranteed by 
the state, as hereinafter provided, and the full faith and credit 
of the state is pledged for any such guarantee. No authority 
shall sell or off"er for sale any such note or notes without re- 
ceiving from the state housing board approval of the amount, 
the term, the time of sale, and any other conditions of sale 
which the board may deem relevant in connection with the 
sale of such note or notes. The state's guarantee of the pay- 



1947] Chapter 286 455 

ment of the principal of and interest on any such note or 
notes may be extended and shall take effect only upon affirma- 
tive vote of the board, subject to the approval of the governor 
with the advice and consent of the council, approving such 
guarantee on each issue of a note or notes prior to the negoti- 
ation thereof. The total amount of such notes outstanding 
shall not exceed seven million dollars at any one time. 

4. Annual Subsidies. Each contract for assistance to a 
housing project entered into between the state and an author- 
ity shall provide that the state shall pay to the authority, out 
of moneys appropriated therefor by the state, annual sub- 
sidies to assist in achieving and maintaining the low-rent 
character of the housing project; provided, however, that the 
total amount of annual subsidies contracted for shall not ex- 
ceed in any one year two hundred forty-five thousand dollars 
($245,000). The annual subsidies for any one housing project 
shall be payable in the amount of three and one-half per cent 
of the cost of the housing project as determined by the state 
housing board, and for the fixed period during which the 
definitive bonds issued to finance the cost of the housing 
project or any refunding bonds remain outstanding but in no 
event for more than forty-five years. Each such contract 
shall provide that (a) whenever in any year the receipts of 
an authority in connection with a housing project exceed its 
expenditures (including debt service, administration, estab- 
lishment of reserves, and other costs) for that housing 
project, an amount equal to such excess shall be paid into the 
state treasury by the authority and there set aside for appli- 
cation toward the payment of subsequent annual subsidies, 
(b) the payment of annual subsidies shall begin after the 
authority has financed the cost of the housing project by the 
sale of its definitive bonds, (c) payment shall be made by the 
state at least fifteen days prior to the date or dates when in- 
stalments of principal become due and payable and (d) pay- 
ment shall be made by the state treasurer upon the filing of a 
certificate prepared by the state housing board and approved 
by the governor and council certifying the amount of money 
to be paid, the date of payment and the payee. 

The full faith and credit of the state is pledged to the 
payment of all annual subsidies contracted for by the state. 
When a contract for annual subsidies or the payments there- 
under are pledged by an authority as security for bonds or 



456 Chapter 286 [1947 

other indebtedness of the authority, the obligation to per- 
form such contract and to make payments thereunder shall 
be absolute and unconditional so long as such bonds or other 
indebtedness and interest thereon are outstanding and un- 
paid, provided the terms of such bonds or such indebtedness or 
the resolutions or agreements in connection therewith do not 
mortgage the property constituting any part of the housing 
project to which the subsidies relate and contain a covenant 
by an authority against any conveyance or mortgaging of such 
property. Any conveyance or mortgage in violation of such 
covenant shall be void. In the event of a violation or at- 
tempted exercise by any party of any rights under such con- 
veyance or mortgage (even though it is void), the state shall 
be entitled to take immediate possession of the project and, 
until in the opinion of the state housing board the possibility 
of the transfer of title, possession or control by or from the 
authority has been removed, to retain possession and operate 
the project in the place and stead of the authority, with all 
the rights and powers of the authority and subject to all its 
obligations respecting the possession and operating of the 
housing project, and the revenues therefrom. Definitive 
bonds issued by local authorities, whose payment is secured 
by pledge of annual state subsidy payments, may contain pro- 
vision for the calling of such bonds at not less than par upon 
transfer of the project or projects which were financed by 
such bonds, to federal assistance as provided in section 6. The 
form and terms of all such definitive bonds shall be approved 
by the state housing board prior to the sale thereof. 

5. Tax Exemption. No state subsidies shall be made 
available for any project unless and until the municipality in 
which such project is situated shall contract, or have contracted 
to exempt the housing project from local or municipal taxes to 
the extent permitted by section twenty-three. Part I; pro- 
vided that such contract shall require an authority to make a 
payment in lieu of taxes at the end of each fiscal year of not 
less than ten per cent nor more than twenty per cent of the 
shelter rent collected. 

6. Transfer of Projects to Federal Assistance. Upon the 
availability of federal financial assistance for low-rent hous- 
ing projects, each authority which has a contract for assist- 
ance by the state pursuant to the provisions of this chapter 
shall, upon the receipt of written notice from the state hous- 



1947] Chapter 286 457 

ing board, immediately enter into negotiations with the 
federal government to arrange for federal financial assistance 
for such housing project and for the termination of financial 
assistance by the state. For any such housing project the 
state housing board is authorized to order any authority (a) 
to apply for federal financial assistance for any such housing 
project, (b) upon the approval of the federal government, to 
enter into a contract or contracts for federal assistance, and 
(c) upon the execution by the authority and the federal gov- 
ernment of a contract or contracts for federal assistance, to 
terminate the contract for assistance by the state, and to call 
bonds the payment of which is secured by pledge of state 
assistance; provided such action is determined by the board 
to be financially expedient. 

6. Appropriations. I. There is hereby appropriated the 
sum of eighteen thousand dollars for the fiscal year 1947-1948, 
and the sum of twelve thousand dollars for the fiscal year 
1948-1949, or so much thereof as the governor and council 
may find necessary, for the expenses of the state housing 
board as herein created. 

II. There is hereby annually raised, as hereinafter pro- 
vided, and appropriated the sum of two hundred forty-five 
thousand dollars or so much thereof as may be necessary upon 
certification by the state housing board as herein required, 
for the purpose of paying the annual state subsidies provided 
under section 4, Part III, chapter 169 of the Revised Laws, as 
hereinbefore inserted. The state treasurer is hereby author- 
ized, under the direction of the governor and council, to 
borrow on the credit of the state from time to time, not ex- 
ceeding a total of two hundred and forty-five thousand dollars 
in any one fiscal year, for the purpose of carrying into effect 
the provisions of this act and for that purpose may issue 
bonds or notes in the name and on behalf of the state of New 
Hampshire at a rate of interest to be determined by the gov- 
ernor and council. The maturity dates of such bonds or notes 
shall be determined in each case by the governor and council 
but in no case shall they be later than twenty years from date 
of issue. Such bonds or notes may be renewed from time to 
time by the issuance of other bonds or notes in the same 
manner, but the maturity dates of such renewed bonds or 
notes shall not be later than twenty years from the date of 
the issue of the original bond or note renewed thereby. All 



458 Chapter 287 [1947 

such bonds or notes shall be in such form and such denomina- 
tions as the governor and council shall determine, may be 
registerable as to both principal and interest, shall be counter- 
signed by the governor and shall be deemed a pledge of the 
faith and credit of the state. The secretary of state shall 
keep an account of all such bonds or notes countersigned by 
the governor, showing the number and amount of each bond 
or note, the time of countersigning, the date of delivery to the 
treasurer and the date of maturity. The state treasurer shall 
keep an account of each bond or note showing the number 
thereof, the name of the person to whom sold, the amount 
received for the same, the date of the sale and the date of 
maturity. The treasurer may negotiate and sell such bonds 
or notes by direction of the governor and council in such 
manner as they may determine most advantageous to the 
state. The proceeds of the sale of such bonds or notes shall 
be held by the treasurer and paid out by him upon warrants 
drawn by the governor, upon certification by the state hous- 
ing board, for the purposes of this act alone. 

7. Takes Effect. This act shall take effect upon its 
passage, but no contract with a housing authority for state 
assistance for a housing project shall be entered into after 
June 30, 1951. 

[Approved July 1, 1947.] 



CHAPTER 287. 



AN ACT APPROPRIATING FUNDS FOR CONSTRUCTION OF AN 

EDUCATIONAL BUILDING AT THE STATE INDUSTRIAL 

SCHOOL. 

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

1. Appropriation. The sum of four hundred thousand 
dollars ($400,000) is hereby appropriated for the purpose of 
constructing, furnishing and equipping an educational build- 
ing at the state industrial school at Manchester, New Hamp- 
shire, together with certain changes in heating, water supply 
and electrical lines and for repairs to the wings in the rear of 
the so-called Old building caused by fire damage and for the 



1947] Chapter 287 459 

demolition of the walls of said Old building. The appropri- 
ation hereby made and the sum made available for this project 
shall be expended under the direction of the governor and 
council and the work shall be done in accordance with plans 
and specifications approved by said governor and council. All 
contracts for the purchase of equipment and the construction 
of all or any part of said building and reconstruction shall be 
let (1) at pubHc sealed bidding, (2) only after an advertise- 
ment calling for bids has been published at least once in each 
of two successive calendar weeks in a newspaper in general 
circulation in New Hampshire, the first publication being not 
less than thirty days prior to the date the bids will be re- 
ceived, and (3) to the lowest responsible bidder. 

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 four hundred thousand dollars and for that pur- 
pose may issue bonds or notes in the name and on behalf of 
the state of New Hampshire. The governor and council shall 
determine the form of such bonds or notes, their rate of in- 
terest, the dates when interest shall be paid, the dates of 
maturity, the places where principal and interest shall be paid 
and the time or times of issue. Such bonds or notes shall 
be signed by the treasurer and countersigned by the governor, 
and shall be deemed a pledge of the faith and credit of the 
state. The proceeds of the sale of such bonds or notes shall 
be held by the treasurer, and paid out by him upon warrants 
drawn by the governor for the purposes of this act alone and 
the governor with the advice and consent of the council, shall 
draw his warrants for the payment from the funds provided 
for herein of all sums expended or due for the purposes herein 
authorized. All bonds or notes (except short-term loans) 
issued under the provisions of this act shall be sold (1) at 
public sealed bidding, (2) only after an advertisement calling 
for bids has been published at least once in each of two suc- 
cessive calendar weeks in a newspaper of general circulation 
in New Hampshire, the first publication being not less than 
thirty days prior to the day the bids will be received, and (3) 
to the highest bidder. 

3. Accounts. The secretary of state shall keep an account 
of all such bonds or notes countersigned by the governor. 



460 Chapter 288 [1947 

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 
same, the date of the sale and the date of maturity. 

4. Short-Term Notes. Prior to the issuance of the bonds 
or notes hereunder the treasurer, under the direction of the 
governor and council, may for the purposes hereof borrow 
money from time to time on short-term loans, which may be 
refunded by the issuance of the bonds or notes hereunder, pro- 
vided, however, that at no one time shall the indebtedness of 
the state on such short-term loans exceed the sum of four 
hundred thousand dollars. 

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

i[Approved July 1, 1947.] 



CHAPTER 288. 

AN ACT RELATING TO THE POWERS OF TRUST COMPANIES. 

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

1. Trust Companies. Amend section 31 of chapter 313 of 
the Revised Laws as amended by section 2, chapter 84, Laws 
of 1945, by striking out the words "twenty-five per cent" 
therein, and inserting in place thereof the words, fifty per 
cent, so that said section as amended shall read as follows: 
31. In General. Such corporation may be authorized and 
empowered to receive on deposit, storage or otherwise, money, 
securities, jewelry, documents, evidencs of debt, and other 
personal property of a similar character, for safe keeping, up- 
on such terms or conditions as may be agreed upon, which 
said deposits may be made by corporations and persons acting 
individually or in any fiduciary capacity; to collect and dis- 
burse 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 fifty per cent of its 
capital and surplus on notes secured by first mortgage of real 



1947] Chapter 289 461 

estate situated in the New England states, but no such loan 
shall exceed seventy per cent of the value of the security ex- 
cept 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 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 Re- 
adjustment Act of 1944, as amended from time to time, or 
wholly insured by the federal housing administrator, pro- 
vided that such insurance is payable 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. 

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

![Approved July 1, 1947.] 



CHAPTER 289. 

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. Transfer of Funds to General Funds. A sum not ex- 
ceeding six million seven hundred fifty thousand dollars for 
the fiscal year ending June 30, 1948, and a sum not exceeding 
six million seven hundred fifty thousand dollars for the fiscal 
year ending June 30, 1949, are hereby appropriated for the 
use of the state for general purposes and such sums shall be 
a charge upon the special fund constituted by chapter 126, 
Laws of 1931, as amended. The state treasurer, at such 
times and in such amounts as the governor and council may 
determine, within the limits hereinbefore provided, may trans- 



462 Chapters 290, 291 [1947 

fer such sums from said special fund to the general funds of 
the state. 

2. Takes Effect. This act shall take effect July 1, 1947. 

[Approved July 1, 1947.] 



CHAPTER 290. 



AN ACT MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE EX- 
PENSES 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. Appropriatixm. The sum of six hundred and fifty-nine 
thousand one hundred and fifty dollars is appropriated to be 
paid out of the treasury of the state for the purpose of 
supplementing appropriations made under chapter 212 of the 
Laws of 1945 for the fiscal year ending June 30, 1947. 

2. Authorization Required. The appropriation made here- 
under may be expended in such amounts as the governor and 
council may authorize. 

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

[Approved July 1, 1947.] 



CHAPTER 291. 



AN ACT RELATIVE TO THE SALARIES OF THE SHERIFFS OF 
GRAFTON AND HILLSBOROUGH COUNTIES. 

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

1. Grafton and Hillsborough Counties. Amend section 27, 
chapter 380 of the Revised Laws, as amended by chapter 195, 
Laws of 1943, chapter 189, Laws of 1945, section 2, chapter 2, 
Laws of 1947, section 3, chapter 202, Laws of 1947, and an 
act of the session of 1947 relative to the salary of the sheriff 
of Coos county by striking out the words "one thousand" in 
the eleventh Hne and inserting in place thereof the words. 



1947] Chapter 292 463 

twelve hundred and fifty, and by striking out the word 
'"fifteen" in the eighth fine and inserting in place thereof the 
word, nineteen, so that said section as amended shall read as 
follows: 27. Salaries. The annual salaries of the sheriflfs 
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, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, nineteen hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, eight hundred dollars. 

In Grafton, twelve hundred and fifty dollars. 

In Coos, eighteen hundred dollars. 

2. Reports. Every sheriff and deputy sheriff shall file 
with the clerk of court in his respective county a statement 
of his income as sheriff or deputy sheriff for the year 1947, 
to be filed not later than April 1, 1948, and for the year 1948, 
to be filed not later than April 1, 1949. Such statements shall 
be under oath, shall show the income from each type of work 
(such as salary, court attendance, criminal investigation, 
service of civil process, etc.) and whether the same is for 
services, mileage or expenses. 

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

[Approved July 1, 1947.] 



CHAPTER 292. 



AN ACT RELATIVE TO DISPOSAL OF REVENUE FROM MOTOR 
VEHICLE ROAD TOLLS. 

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

1. Road Tolls. Amend section 41, chapter 22 of the Re- 
vised Laws as inserted by chapter 65, Laws of 1943, by strik- 
ing out all of said section and inserting in place thereof the 
following: 41. Exceptioin. Annually on or before June one 
the motor vehicle commissioner shall compare the number of 



464 Chapter 293 [1947 

gallons on which refunds have been made for the preceding 
calendar year for fuel used in the propulsion of boats on 
inland public waters of the state, with the number of 
gallons of such fuel sold and delivered directly into the fuel 
tanks, or supplementary fuel tanks, of boats or outboard 
motors upon the inland public waters for use in such boats or 
outboard motors, as reported to him, and if there be any 
balance of unrefunded tolls so collected, he shall report the 
same to the state treasurer who shall, on July one, next 
following, credit such balance to the public service commission, 
having jurisdiction over the navigation of such boats or 
motors. Funds so credited shall be used for the promotion of 
the safety of such navigation, and any balance remaining in 
said funds at the end of each fiscal year shall not lapse. The 
commissioner shall pay monthly to the state treasurer all 
revenue from the aircraft landing area toll. 

2. Clarification. The airways toll established by the pro- 
visions of section 30-a of chapter 306 of the Revised Laws, as 
inserted by section 8 of an act of the session of 1947 relative 
to the regulation and development of areonautics, shall be 
construed as being in lieu of the motor vehicle road tolls up- 
on motor fuel used in the propulsion of aircraft. The motor 
vehicle commissioner before paying over to the state treasurer 
revenue collected from said airways toll shall deduct there- 
from expenses of collection. 

3. Takes Effect. This act shall take effect on September 1, 
1947. 

[Approved July 1, 1947.] 



CHAPTER 293. 

AN ACT RELATIVE TO A CHANGE OF NAME FOR LONG POND IN THE 
TOWN OF CROYDON. 

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

1. Change of Name. The body of water in the town of 
Croydon, now known as Long Pond shall hereafter be known 
as Lake Coniston. 



1947] Chapter 294 465 

2. Takes Effect. This act shall take effect upon approval 
by a majority vote of the legal voters present and voting at 
the next regular town meeting or any special meeting held 
prior thereto in the town of Croydon. 

[Approved July 1, 1947.] 



CHAPTER 294. 



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 two million, one thousand, 
two hundred ninety-four dollars ($2,001,294), is hereby appro- 
priated for the purposes and in the amounts listed below, 
which purposes include such related improvements, facilities, 
equipment and furnishings as are necessary to complete the 
same : 

(a) For the state prison: 

Replacing wiring in old cell 

block $5,000.00 

Replacement of old fire hose. . 3,500.00 

Lathe for machine shop 2,500.00 

Machine shop equipment .... 2,000.00 
Roof repairs and snow guard 

south wing 10,000.00 

Boiler and oil burner, changes 

in boiler house 25,000.00 

Mess hall equipment 10,000.00 

Remodeling guard room 20,000.00 

Grills on cell block 20,000.00 

Capping and pointing chimneys 1,200.00 
Extending sprinkler system . . 750.00 

$99,950.00 



466 Chapter 294 [1947 

(b) For the industrial school: 

Replacement of old laundry 

equipment $2,500.00 

Equipment for maintenance 

department 2,500.00 

Road repairs, fence and drain- 
age pipe 5,000.00 

Repairs to farm barn and 

superintendent's house .... 2,000.00 

Rewiring girls' section and in- 
stallation of security signal- 
ling devices 10,000.00 

Additional funds for Dale 

cottage 70,000.00 



(c) For buildings and grounds: 

Fluorescent lighting $9,400.00 

Toilets 2,800.00 

Changing partitions in plan- 
ning board 1,500.00 

Paint dome 1,200.00 

Tractor — snow plowing 1,700.00 



(d) For adjutant general: 

Coal pocket— Franklin armory $5,000.00 
General repairs — Franklin 

armory 12,000.00 

Roadway repairs — Portsmouth 

armory 950.00 

Drill hall ceiling — Keene 

armory 3,000.00 

General repairs — Laconia 

armory 14,500.00 

General repairs — Nashua 

armory 9,800.00 

Fire hazard connections 6,800.00 



$92,000.00 



$16,600.00 



$52,050.00 



1947] Chapter 294 467 

(e) For forestry and recreation: 

Warehouse and storage building $36,000.00 

(f) For liquor commission: 

Warehouse addition $160,000.00 

(g) For Laconia state school: 
Replacement of burned barn . . $70,000.00 

Laundry equipment 3,500.00 

Fire protection 30,000.00 

$103,500.00 
(h) For Glencliff sanatorium: 

Laundry house $4,000.00 

Laundry equipment 4,000.00 

Re-equip kitchen 12,000.00 

$20,000.00 
(i) For state hospital: 

Nurses home $650,104.00 

Elevators 31,800.00 

Boiler plant 

Raising roof 12,720.00 

Enlarge mains 18,020.00 

Transformer capacity medi- 
cal-surgical building 2,250.00 

Change No. 3 boiler 65,000.00 

Brown building — furnishing. . 10,000.00 

Bakery equipment 3,000.00 

Laundry equipment 18,300.00 

Sprinkler system 110,000.00 

Infirmary 500,000.00 

$1,421,194.00 

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 accord- 
ance with plans and specifications approved by the governor 
and council. 

2. Fish and Game Improvements. In addition to the appro- 
priation of section 1 there is hereby appropriated the sum of 
three hundred thousand dollars for improvements and addi- 



468 Chapter 294 [1947 

tions to hatcheries, streams and rearing- stations of the fish 
and game department. This appropriation to be in addition 
to any other moneys appropriated for the fish and game de- 
partment and shall be expended under the direction of the gov- 
ernor and council and the work shall be done in accordance 
with plans and specifications approved by the governor and 
council. 

3. Bonds and Notes Authorized. To provide funds for the 
appropriation made in section 1 thereof 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 two million, one thousand, two hundred ninety-four 
dollars ($2,001,294), and to provide funds for the appropri- 
ations made in section 2 hereof, not exceeding the sum of three 
hundred thousand dollars ($300,000), and for the purposes may 
issue bonds and notes in the name and on behalf of the state of 
New Hampshire. The governor and council shall determine the 
form of such notes or bonds, their rate of interest, and the 
dates when interest shall be paid, the dates of maturities, 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 pay- 
ment of principal and interest on bonds or notes issued for the 
purposes of section 1 shall be made from the special fund as 
provided by chapter 126, Laws of 1931, as amended. The pay- 
ment of principal and interest on bonds or notes issued for th