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LAWS 


OF  THE 

STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1949 

LEGISLATURE  CONVENED  JANUARY  5, 
ADJOURNED  JULY  27 


CONCORD,  N.  H. 
1949 


N 

3^5  .12 

n^3 


Printed  by 

Granite  State  Press,  Inc. 

Manchester,  N.  H. 

Bound  by 

Neal  Printing  and  Binding  Co. 

Dover,  N.  H. 


STATE  OFFICERS 

Governor  Sherman  Adams 

Harry  P.  Smart 
J.  Guy  Smart 

Councilors   <j  C.  Edward  Bourassa 

I  Charles  Morris  Mills 
[ Charles  F.  Stafford 
Adjutant  General Charles  F.  Bowen 

Aerial  Tramway  Commission,  N.  H.  ^  ,      i  f   p 

Managing  Director '  ^ 

Aeronautics  Commission,  N.  H.  ,t.t^        ,,tt.,,- 

ri- ,    f    ,  W.  Russell  Hilliard 

Agriculture,  Commissioner  of Perley  I.  Fitts 

A     1  -^    ^      r,^  ±     r,       7     r  i  Howard  A.  Goodspeed 

Architects,  State  Board  of  i  aiu?    j  m   /-■ 

n     .  ^   \.  -i  Alfred  T.  Granger 

Registration   t     •       xxr   tt 

[_lrvmg  W.  Hersey 

fCarlton  C.  Buckminster 

Athletic  Commission,  State <|  Theodore  J.  Rouillard 

I^Ruel  N.  Colby 

Attorney  General .  .William  L.  Phinney 

Asst.  Attorney  General William  S.  Green 

Charitable  Trusts,  Director  of  .  . .  Ernest  R.  D'Amours 

Bank  Commissioner   Clyde  M.  Davis 

Deputy  Commissioner Leon  O.  Gerry 

„     ,       ,  „        .   .  ,  fAntonio  Dupont 

Barbers'  Examining  and  i  ^^^^^^^  ^^^^ 

Licensing  Board JHelmer  Omer 

!  George  W.  Boynton 
Joseph  W.  Epply 
Ralph  E   Miller 
George  C.  Wilkins 

Gilman  K.  Crowell 
Marjorie  M.  Greene 

Classification  Plan  Board ■{  Eric  Ober 

j  Winslow  E.  Melvin 
[Donald  Young 

iii 


IV 


State  Officers 


Comptroller Arthur  E.  Bean 

Asst,  Comptroller Clark  R.  Hartford 

Education,  Commissioner  of   Hilton  C.  Buley 

Deputy  Commissioner Walter  M,  May 

Trade  Schools,  Director  of John  E.  Grastorf 

Employees  Retirement  System,  Robert  Jewell 

State  Secretary   

Ned  Spaulding 

Engineers,  State  Board  of  J  p^^j  ^y  Buxton 

Registration  of  Professional  ....'^,      KM'"    '  h 

Percy  A.  Shaw 

Fire  Control,  State  Board ,         ^    ^^  ,  . 

c^j.  J.    r^-      n/r      7    7  Aubrey  G.  Robinson 

State  Fire  Marshal 

Fish  and  Game  Department,  Director  Ralph  G.  Carpenter,  2d. 

Forestry  and  Recreation  Department^  ,      „     , 
„^  ^    „        ^  John  Foster 

State  t  orester 

Director  of  Recreation Russell  B.  Tobey 

f  Armand  J.  Houle 
Hai7'd7^essers,  Board  of  Registration  <|  Stella  M.  Lines 

(^Beatrice  M.  Luneau 

Health  Department,  State  ^  ,      o,   iTn      i 

o^  J.    TT     7X7  r\^  John  S.  Wheeler 

State  Health  Officer 

Deputy  State  Health  Officer  .  .  .  .Mary  M.  Atchison 

Registrar  of  Vital  Statistics Marian  G.  Maloon 

Highway  Commissioner  Fi'ank  D.  Merrill 

Asst.  Commissioner J.  Harold  Johnson 

Insurance  Commissioner  Donald  Knowlton 

Deputy  Commissioner Simon  M.  Sheldon 

Oliver  W.  Branch 
John  R.  Goodnow 

Judicial  Council J  Irving  A.  Hinkley 

Rae  S..  Laraba 
Richard  E.  Shute 


State  Officers  v 

Labor  Commissioner William  H.  Riley 

Unemployment  Compensation 

Division,  Administrator William  C.  Chamberlin 

Employment  Service 

State  Director Abby  L.  Wilder 

pAmos  N.  Blandin,  Jr. 
j  James  F.  Malley 

Library  Commission,  State <j  Ottis  E.  Mercer 

Elwin  L.  Page 
^Addie  E.  Towne 

State  Librarian Mildred  Peterson  McKay 

Asst.  State  Librarian Catharine  Pratt 

f  William  A.  Jackson 

Liquor  Commission,  State <{  Edmond  J.  Marcoux 

I^Ray  E.  Tar  box 

fMrs.  Frederick  Preston 

Merit  System  Council <{  Maurice  F.  Devine 

(^Raymond  C.  Magrath 

f  Edward  E.  Baker 

Milk  Control  Board ■{  Allen  M.  Freeman 

i  Roscoe  J.  Oakes 

Motor  Vehicle  Commissioner Frederick  N.  Clarke 

Deputy  Commissioner   Charles  H.  Magown 

Director  of  Safety Malcolm  L.  Wilkins 

Road  Toll  Administrator Frank  H.  Hilchey 

Planning  and  Developyment 
Commission,  State 

Publicity  Director Andrew  M.  Heath 

Executive  Director Edward  Ellingwood 

Industrial  Director  Merrill  J.  Teulon 

Police,  State,  Superintendent Ralph  W.  Caswell 

f  Amos  N.  Blandin,  Jr. 

Probation,  Board  of \  Burt  R.  Cooper 

I^Lula  J.  A.  Morris 
Director Richard  T.  Smith 


vi  State  Officers 

f  Edgar  H.  Hunter 

Public  Service  Commission <j  Edward  R.  Thornton 

[Harold  L.  Barnard 

Public  Welfare,  Commissioner  of  .  .  .James  J.  Barry 

Purchasing  Agent Harold  Cheney 

.Merrill  A.  Calkins 

Racing  Commission,  State ^E,mmet  J.  Kelley 

(Byron  E.  Redman 

Secretary  of  State P^noch  D.  Fuller 

Deputy Harry  E.  Jackson 

State  Buildings  and  Grounds,  Wayne  B   Elwell 

Superintendent    

iLawton  B.  Chandler 

Tax  Commission,  State 'Oliver  W.  Marvin 

(John  R.  Spring 

Tobacco  Tax  Division,  Director  ....  Scott  S.  Mclntire 
Teachers'  Retirement  Board }^^2Zi  d'  B^X^^"" 

Treasurer,  State F.  Gordon  Kimball 

Deputy Ann  N.  Durepo 

/Harold  Eubank 

Veterans  Council,  State 'john  H.  Sanders 

I  Dixon  II.  Turcot! 

Director   Harold  B.  Trombley 

Wate)-  Resources  Board,  ,xr  ,,      ^    M-u-i. 

^   ,.       ^,    .  Walter  G.  W hite 

Acting  Chawman 

Weights  and  Measures,  t  ,      t   tt 

^^        .     .  John  J.  Henson 

Commissioner 


Courts  vii 


SUPREME  COURT 

Chief  Justice Francis  W.  Johnston 

Amos  N.  Blandin,  Jr. 

Associate  Justices  


Laurence  I.  Duncan 
^  Frank  R.  Kenison 
Edward  J.  Lampron 


SUPERIOR  COURT 

Chief  Justice John  R.  Goodnow 

r William  A.  Grimes 
I  John  H.  Leahy 

Associate  Justices  <|  Dennis  Sullivan 

Harold  E.  Wescott 
Stephen  M.  Wheeler 

State  Reporter- George  0.  Shovan 


THE  LEGISLATURE  OF  1949 


SENATE 
President — Perkins  Bass,  Peterborough,  r. 
Clerk — Benjamin  F.  Greer,  Grasmere,  r. 
Assistant  Clerk — Frank  M.  Ayer,  Alton,  r. 
8ergeant-at-Arms — John  S.  Ball,  Hopkinton,  r. 
Messenger — Rene  Dufort,  Hooksett,  r. 
Assistant  Messenger — Earl  Pollard,  Windham,  r. 
Doorkeeper — Frank  D.  Gay,  Hillsboro,  r. 
Telephone  Messenger — Russell  Bickford,  Northwood,  r. 

SENATORS 


Fred  G.  Hayes,  Jr.,  Berlin,  d. 

Curtis  C.  Cummings,  Colebrook,  r.  and  d. 

Norman  A.  McMeekin,  Haverhill,  r.  and  d. 

Guy  W.  Nickerson,  Madison,  r.  and  d. 

John  W.  Dole,  Bristol,  r. 

George  W.  Tarlson,  Laconia,  r.  and  d. 

Eugene  S.  Daniell,  Jr.,  Franklin,  r. 

J.  Laban  Ainsworth,  Claremont,  r. 

Shirley  Brunei,  Concord,  r. 

Harold  O.  Pierce,  Walpole,  r. 

Perkins  Bass,  Peterborough,  r. 

Erwin  E.  Cummings,  Lyndeborough,  r. 


Aldege  A.  Noel,  Nashua,  d.  and  r. 
Ralph  M.  Wiggin,  Bedford,  r. 
Sara  E.  Otis,  Concord,  r. 
Robert  P.  Bingham,  Manchester,  d. 
Marye  Walsh  Caron,  Manchester,  d. 
Thomas  B.  O'Malley,  Manchester,  d. 
Raoul  J.  Lalumiere,  Mancliester,  d. 
Thomas  H.  Burbank,  Rochester,  d. 
Charles  Frederick  Hartnett,  Dover,  r. 
Augustus  F.  Butman,  Derry,  r. 
Doris  M.  Spollett,  Hampstead,  r. 
Arthur  J.  Reinhart,  Portsmouth,  r. 


Died. 


HOUSE  OF  REPRESENTATIVES 
Speaker — Richard  F.  Upton,  Concord,  r. 
Clerk — Cyril  J.  Fretwell,  Concord,  r. 
Assistant  Clerk — Robert  L.  Stark,  Goffstown,  r. 
Sergeant-at-Arms — Clarence  A.  DuBois,  Concord,  r. 
Chaplain — Austin  H.  Reed,  Goffstown,  r. 

Custodian  of  Mail  and  Supplies — George  L.  Hurd,  Concord,  r. 
Doorkeeper — Lenne  C.  Twombly,*  Hill,  r. 
Doorkeeper — John  Twombly,  Hill,  r. 
Doorkeeper — Sherman  L.  Greer,  Manchester,  r. 
Doorkeeper — Florence  J.  Danforth,  Manchester,   r. 
Doorkeeper — Mabel  L.  Richardson,  Randolph,  r. 


IX 


The  Legislature  of  1949 


ROCKINGHAM  COUNTY 


Auburn,  Margaret  A.  Griffin,  r. 
Brentwood,  Margery  W.  Graves,  r.  and  d. 
Candia,  Karl  J.  Persson,  r.  and  d. 
Chester,  Robert  C.  Hazelton,  r. 
Deerfield,  Leon  M.  Fitch,  r. 
Derry,  Harry  E.  Clark,  r. 

Harold  W.  Corson,  r.  and  d. 

George  J.  Heon,  r.  and  d. 

Oliver  H.  Hepvvorth,  r.  and  d. 
Epping,  Thomas  W.  Fecteau,  d. 
Exeter,  Emory  P.  Eldredge,  r. 

Clinton  W.  Elwell,  r. 

James  C.  Rathbone,  r. 

Maude  B.  Richards,  r. 
Fremont,  Moses  H.  Sanborn,  r. 
Greenland,  Thornton  N.  Weeks,  Sr.,  r. 
Hampstead,  Thomas  Henry  Root, 

r.  and  d. 
Hampton,  Dean  B.  Merrill,  r. 

Ernest  R.  Underwood,  r. 
Kingston,  J.  Edward  Stevens,  r. 
Londonderry,  Draper  W.  Parmenter,  r. 
Newmarket,  Arthur  A.  Labranche,  d. 

F.  Albert  Sewall,  d. 
Newton,  William  K.  Davis*,  r.  and  d. 


North  Hampton,  George  G.  Carter,  r. 
Northwood,  Robert  A.  Johnson,  r. 
Plaistow,  Arthur  T.  Colcord,  r. 
Portsmouth, 

Ward  1,  Sam  Alessi,  d. 

Mary  C.  Dondero,  d. 
Lise  LaBelle  Payette,  d. 
Ward  2,  Charles  T.  Durell,  r. 
Harry  H.  Foote,  r. 
John  H.  Yeaton,  r. 
Ward  3,  Carlos  O.  Hobbs,  d. 

John  J.  Leary,  d. 
Warrf  //,  Rae  S.  Laraba,  r.  and  d. 
V/ard  5,  Edward  J.  Ingraham,  d. 
Raymond,  Thomas  F.  Bluitte,  r. 
Rye,  Shirley  S.  Philbrick*,  r. 
Salem,  Walter  F.  Haigh,  r. 

Leonard  B.  Peever,  r. 
Sandown,  Ralph  S.  True,  r. 
Seabrook,  William  H.  Durkee,  r. 
South  Hampton,  Willis  J.  Evans,  r.  and  d. 
Strathfim,  W.  Douglas  Scamman,  r. 
Windham,  Thomas  Waterhouse,  Jr., 

r.  and  d. 


*  Died.. 


STRAFFORD  COUNTY 


Barrington,  Roy  V.  Swain,  r.  and  d. 
Dover, 

Ward  1,  Maurice  P.  Redden,  d. 

W.  Raymond  Stackpole,  d. 
Ward  2,  William  Gouin,  d. 

Frank  J.  Grimes,  d. 
Joseph  Marcotte,  Jr.,  d. 
Ward  3,  Levi  F.  Felker,  r. 

Frederick  C.  Smalley,  r. 
Ward  J,,  Harley  A.  Crandall,  r. 
Francis  R.  Dodge,  d. 
Louis  Stocklan,  d.  and  r. 
Ward  5,  Emmet  J.  Flanagan,  d. 
Durham,  Oren  V.  Henderson,  r. 
Farmington,  Ned  L.  Parker,  r. 

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


Rochester, 

Ward  1,  Ernest  L.  Rolfe,  r. 
Ward  2,  Margaret  E.  Dustin,  d. 

Maurice  A.  Jones,  d. 
Ward  S,  Rudolph  G.  Cartier,  d. 
Ward  4,  Angeline  M.  Gilbert 

St.   Pierre,  d. 
Alphonse  Lacasse,  d. 
Ward  5,  Norma  M.  Studley,  r. 
Ward  6,  Llewellyn  F.  Femald,  r. 
Charles  F.  Leach,  r. 
Rollinsford,  Fred  L.  Green,  Jr.,  r. 
So7nersivorth, 

Ward  1,  Placide  J.  Lagueux,  d.  and  r. 
Ward  2,  Edward  G.  Letourneau,  d. 
Ward  3,  Fred  J.  Coffin,  d. 
Ward  f,,  Leo  H.  Cater,  d. 
Ward  5,  James  F.  Malley.  d. 
Strafford,  Albert  H.  Brown,  r. 


The  Legislature  of  1949 


XI 


BELKNAP 
Alton,  Frederick  M.  Perkins,  r. 
Barnstead,  Arthur  H.  McAllister,  r. 
Belmont,  Clarence  B.  Dearborn,  r. 
Center  Harbor,  Edward  J.  Obert,  Sr., 

r.   and  d. 
Gilford,  Lena  D.  Weeks,  r.  and  d. 
Gibnanton,  Charles  G.  Kelley,  r.  and  d. 
Laconia, 

Ward  1,  Myron  B.  Hart,  r. 
Ward  2,  Fortunat  A.  Normandin, 

d.   and  r. 
Alfred  W.  Simoneau,  d.  and  r. 
Ward  3,  Elmer  S.  Tilton,  r.  and  d. 


Died. 


CARROLL 


Bartlett,  Fred  H.  Washburn,  r. 
Conway,  Elmer  H.  Downs,  r. 

Leslie  C.  Hill,  r. 

Irene  M.  Lucy,  r. 
Effingham,  John  G.  Thompson,  r. 
Freedom,  Ralph  S.  MacGown,  r. 
Jackson,  Winifred  G.  Wild,  r.  and  d. 
Moultonborough,  Edith  D.  Banfield,  r. 


COUNTY 

Ward  It,  Otto  G.  Keller,  r. 

Frank  B.  Shannon,  r. 
Ward  5,  Ross  L.  Piper*,  v.  and  d. 
Theodore  M.  Thompson, 

r.  and  d. 
Ward  6,  John  F.  Brown,  r. 
John  M.  Ewing,  r. 
Meredith,  Horace  U.  Ransom,  r. 

Joseph  F.  Smith,  r. 
New  Ham,pton,  Raymond  C.  Smith,  d. 
Sanbornton,  Marion  H.  Atwood,  r.  and  d. 
Tilton,  Michael  F.  Bruno,  r. 


COUNTY 

Ossipee,  Charles  G.  Wiggin,  r. 
Sandwich,  Perley  C.  Knox,  r. 
Tamworth,  Earle  H.  Remick,  r. 
Tuftonboro,  Forrest  W.  Hodgdon,  r. 
Wakefield,  Ansel  N.  Sanborn,  r. 
Wolfeboro,  Harold  H.  Hart,  r. 

George  F.  Thibodeau,  r.  and  d. 


MERRIMACK  COUNTY 


Allenstoion,  Alphonse  Couture,  d. 
Andover,  Victor  E.  Phelps,  d. 
Boscawen,  Albert  S.  Hardy,  r. 
Bow,  Andrew  M.  Nicoll,  r. 
Bradford,  Reuben  S.  Moore,  r.  and  d. 
Canterbury,  Charles  S.  Rancour,  r. 
Chichester,  Shirley  A.  Marden,  r. 
Concord, 

Ward  1,  Charles  P.  Coakley,  d. 

James  P.  Ferrin,  d. 
Ward  2,  Harlan  F.  Besse,  Sr.,  r. 
Ward  3,  William  J.  Flynn,  r. 
Ward  If,  Clayton  F.  Colbath,  r. 
Harry  H.  Kennedy,  r. 
Nicholas  A.  Suosso,  r.  and  d. 
Ward  5,  George  L.  Hurd,  r.  and  d. 
George  H.  Nash,  r. 


Ward  6,  George  H.  Corbett,  r. 

Donald  W.  Saltmarsh,  r. 

John  C.  Tilton,  r. 

Richard  C.  Vennef,  r. 
Ward  7,  John  E.  Bunten,  r. 

Marjorie  M.  Greene,  r.  and  d. 

Charles  G.  Roby,  r. 

Richard  F.  Upton,  r.  and  d. 
Ward  8,  John  G.  Blodgett,  r.  and  d. 
Ward  9,  Emmett  A.  Nawn,  r.  and  d. 

C.  Murray  Sawyer,  d. 
Danbury,  Roy  K.  Sargent,  r. 
Epsom,  Ralph  E.  Towle,  r. 
Franklin, 

Ward  1,  George  W.  Chase,  r. 
Ward  2,  James  M.  Burke,  d. 

Alcide  LaBranche,  d. 
Ward  3,  Louis  H.  Douphinett*,  d 

Andrew  Lorden,  r. 


t  Resigned. 
*  Died. 


Xll 


The  Legislature  of  1949 


Henniker,  Lester  E.  Connor,  r. 
Hooksett,  Edward  M.  Dudevoir,  d. 

Charles  E.  Mullaire,  d. 
Hopkinton,  Stewart  E.  Astles,  r. 
Loxidon,  Forrest  B.  Kenney,  r.  and  d. 
New  London,  Stanley  A.  Spiller,  r.  and  d. 
Northfield,  Albert  A.  Carr,  r. 


Pembroke,  Edgar  G.  Bellerose,  d. 

George  R.  Lea,  d. 
Pittsfield,  Eralsey  C.  Ferguson,  r. 
Edmond  J.  Stapleton,  r. 
Salisbury,  Fred  W.  Holmes,  r. 
Sutton,  Benjamin  H.  Yerxa,  r.  and 
Warner,  Fred  A.  Savory,  r. 
Webster,  Arthur  C.  Stebbins,  r. 


HILLSBOROUGH  COUNTY 


Amherst,  Charles  A.  Tracy,  r. 
Antri7n,  Herbert  E.  Wilson,  r.  and  d. 
Bedford,  Gillis  French,  r. 
Bennington,  Edward  C.  Black,  r.  and  d. 
Brookline,  Grover  C.  Farwell,  d. 
Deering,  Arthur  O.  Ellsworth,  d.  and  r. 
Francestown,  Clarence  C.  Jones,  r,  and  d. 
Goffstown,  A.  Kenneth  Hambleton,  r. 
Austin  H.  Reed,  r. 
Nathan  A.  Tirrell,  r. 
Greenfield,  Hobart  M.  Adams,  r. 
Greenville,  William  H.  Doonan,  r.  and  d. 
Hancock,  Robert  English,  r.  and  d. 
Hillsborough,  George  W.  Boynton, 

r.  and  d. 
Merrick  S.  Crosby,  r.  and  d. 
Hollis,  Anne  J.  Goodwin,  r.  and  d. 
Hudson,  Fred  T.  Goodwin,  Jr.,  r. 

Ned  Spaulding,  r. 
Litchfield,  John  A.  Reld,  r. 
Manchester, 

Ward     1,  Marion  B.  Corliss,  r. 
Joel  S.  Daniels,  Sr.,  r. 
William  J.  Kennedy,  Jr.,  r. 
Ward     2,  Harry  J.  Danforth,  r. 
Joseph  H.  Geisel,  r. 
John  Pillsbury,  r. 
Ray  S.  Sawyer,  r. 
Ward     3,  Walter  B.  Connor,  d. 
Michael  J.  Dwyer,  d. 
Louis  Israel  Martel,  d. 
John  J.  Sweeney,  d. 
Ward     k,  William  J.  Fitzgerald,  d. 
Dominick  J.  Kean,  d. 
Thomas  F.  Nolan,  d. 


Ward     5,  Stanley  J.  Betley,  d. 

Jeremiah  B.  Healy,  d. 

Alexander  Kazakis,  d. 

John  E.  Malatras,  d. 

John  C.  O'Brien,  d. 

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

Edward  J.  Cavanaugh,  d. 

Joseph  F.  Ecker,  d. 

Daniel  J.  Healy,  d. 

Henry  P.  Sullivan,  d. 

John  Zyla,  d. 
Ward     7,  Francis  W.  Downey,  d. 

Francis  J.  Heroux,  d. 

Charles  J.  Leclerc,  d. 

Robert  A.  O'Connor,  d. 

Michael  T.  Sullivan,  d. 
Ward     8,  Eugene  H.  Delisle,  Sr.,  d. 

John  J.  Kane,  d. 

Peter  H.  Roy,  d. 

Emile  Simard,  d. 
Ward     9,  Fred  Cary,  d. 

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

Oscar  E.  Getz,  Sr.,  d. 

Isabell  C.  McPhail,  d. 
Ward  11,  John   H.   McShea,  Sr.*,  d. 

John  M.  Roche,  d. 

Joseph  J.  Roukey,   d. 
Ward  12,  Ernest  G.  April,  d. 

George  E.  Laflamme,  d. 

Amelia  Lareau,  d. 

Leon  J.  Vaillancourt,  d. 


*  Died. 


The  Legislature  of  1949 


Xlll 


Hillsborough  County — Continued 

Ward  13,  Holland  L.  Chapdelaine,  d. 
Paul  H.  Daniel,  d. 
Lorenzo  P.  Gauthier,   d. 
Arthur  E.  Thibodeau,  d. 
Ward  111,  Michael  J.  Cannon,  d. 
Michael  S.  Donnelly,  d. 
Michael  P.  Wedick,  d. 
Merrimack,  Bert  L.  Peaslee,  r.  and  d. 
Milford,  Andrew  C.  Elliott*,  r. 

William  M.  Falconer,  r. 
Fred  T.  Wadleigh,  r. 
Mont  Vernon,  Frederic  H,  Fletcher, 

r.  and  d. 
Nashua, 

Ward  1,  Blaylock  Atherton,  r. 

Mabel  Thompson  Cooper, 

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

Fred  Landry,  d. 
Ward  3,  Agenor  Belcourt,  d. 

Octave  J.  Goulet*,  d. 
Ward  If,  Cornelius  M.   Brosnahan,    d. 
George  D.  Spalding,  d. 


Ward  5,  Delphis  E.  Chasse,  d. 
Emile  E.  Marquis,  d. 
Albert  Maynard,   d. 
Ward  6,  John  B.  Dionne,  d. 

Louis  W.  Paquette,  d. 
Frank  B.  Shea,  d. 
Ward  7,  Alfred  Betters,  d.  and  r. 
Adelard  Dupont,  d. 
William  J.  Lavoie,   d. 
Ward  8,  Rodolphe  Cormier,  d. 

Alfred  P.  Grandmaison,  d. 
Louis  M.  Janelle,  d.  and  r. 
Leonard  G.  Velishka,  d.  and  r. 
Ward  9,  Pierre  F.  Cote,  d. 

Raymond  E.  Girouard,  d. 
New  Boston,  Albert  E.  Shedd,  r. 
New  Ipswich,  William  T.  Thompson,  r. 
Pelham,  Ernest  Q.  Bigelow,  r.  and  d. 
Peterborough,  Charles  M.  Cummings,  r. 

George  A.  Myhaver,  r. 
Weare,  Frank  H.  Peaslee*,  r. 

Alfred  Osborne,  r. 
Wilton,  David  J.  Barry,  d. 


*  Died. 


CHESHIRE 
Alstead,  Morris  S.  Ring,  Sr.,  r.  and  d. 
Chesterfield,  Wakefield  Dort,  r. 
Dublin,  Charles  R.  Thomas,  r. 
Fitzwilliam,  Pauline  H.  Miller,  r.  and  d. 
Hinsdale,  Frank  W.  Walker,  r.  and  d. 
Jaffrey,  Carl  C.  Spofford,  r.  and  d. 

James  B.  Perry,  r. 
Keene, 

Ward  1,  Ben  O.  Aldrich,  r. 
Ira  O.  Willard,  r. 
E.  James  Winslow*,  r. 
Ward  2,  Fred  P.  Amadon,  Jr.,  r. 

Helen  I.  Landers,  r. 
Ward  3,  Burleigh  R.  Darling,  r. 

James  M.  Erwin,  r. 
Ward  If,  Robert  A.  Smith,  r. 
Gardner  C.  Turner,  r. 


COUNTY 

Ward  5,  Laurence  M.  Pickett,  d. 

William  G.  Zimmerman,  r. 
Marlborough,  Benjamin  G.  Hall,  r.  and  d. 
Marlow,  Roxie  A.  Forbes,  r.  and  d. 
Nels>on,  Francis  W.  Tolman,  r.  and  d. 
Richmond,  Walter  H.  Andrews,  r. 
Rindge,  Harry  E.  Sherwin,  r.  and  d. 
Swansey,  Ralph  A.  Blake,  r.  and  d. 

Joseph  Kershaw,  r. 
Troy,  Franklin  L.  Lang,  d. 
Walpole,  Harold  T.  Killeen,  r. 

E.  Everett  Rhodes,  Jr.,  r. 
Westmoreland,  Oscar  W.  Billings, 

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

Alexander  P.  Thompson,  r. 


*  Died. 


IXV 


The  Legislature  of  1949 


SULLIVAN  COUNTY 


Charlestovm,  Howard  H.  Hamlinf,  r. 

Carl  A.  Perkins,  r. 
Claremont, 

Ward  1,  George  W.  Angus,  d.  and  r. 
Sydney  B.  Converse,  r.  and  d. 
George  E.  Zopf,  r.  and  d. 
Ward  2,  William  F.  Bissonnett,  r. 
Perl  Hutchins*,   r. 
William  R.  White,  r.  and  d. 
Ward  3,  William  P.  Baron,  d. 
Clifton  Simms,  d. 
Albert    Stetson,   d. 
Cornish,  John  M.  Tewksbury*,  r. 
Croydon,  Leland  L.  Riley,  d.  and  r. 


Goshen,  Walter  R.  Nelson,  d.  and  r. 
Grantham,  Allen  W.  Walker,  d.  and  r. 
Langdon,  George  A.  Holmes,  r. 
Lempster,  John  A.  Wirkkala,  r. 
Newport,  Maurice  H.  Cummings,  d. 

Maurice  J.  Downing,  d. 

Frank  M.  Farmer,  d. 

Jesse  R.  Rowell,  r. 
Plainfield,  Lena  A.  Read,  r.  and  d. 
Springfield,  Edith  B.  Gardner,  r. 
Sunapee,  Tony  O.  Russell,  r.  and  d. 
Unity,  George  S.  Galium,  r. 
Washington,  David  E.  Williams,  r.  and  d. 


*  Died. 

t  Resigned. 


GRAFTON 
Alexandria,  Orlo  Erland  Wadhams,  r. 
Ashland,  William  A.  Brown,  d. 
Bath,  Edwin  P.  Chamberlin,  r. 
Bethlehetn,  Charles  H.  Whittier,  r. 
Bristol,  Glenn  L.  Wheeler,  r.  and  d. 
Campion,  Philip  S.  Willey,  r. 
Cannan,  George  L.  Eggleston,  r. 
Enfield,  Dorothea  Dunbar,  r. 
Franconia,  J.  Everett  Grass,  r.  and  d. 
Grafton,  Elsie  F.  Williams,  r.  and  d. 
Hanover,  Edith  P.  Atkins,  r. 

Robert  J.  Fuller,  r. 

Charles  A.  Holden,  r. 
Haverhill,  Theodore  Chamberlin,  r. 
William  J.  Clough,  r. 
George  D.  Perry,  r. 
Holdemess,  H.  Thomas  Sommers,  r. 
Landaff,  Roscoe  J.  Oakes,  d.  and  r. 


COUNTY 

Lebanon,  Arthur  F.  Adams,  r. 

Jerold  M.  Ashley,  r. 

Forrest  B.  Cole,  r. 

Lane  Dwinell,  r. 

Fred  A.  Jones,  r. 

George  H.  Edson,  d. 
Lincoln,  Francis  E.  Madden,  d. 
Lisbon,  James  E.  Collins,  r. 

Arthur  L.  Hamilton,  r. 
Littleton,  Van  H.  Gardner,  r. 

Fred  Kelley,  r.  and  d. 

Albert  J.  Orr,  r. 
Lyman,  Arkade  Dusik,  d. 
Lyme,  Henry  S.  Pushee,  r.  and  d. 
Or  ford,  Maurice  A.  Roberts*,  r.  and  d. 
Plymouth,  Kenneth  G.  Bell,  r. 
Ernest  L.  Silver-,  r. 
Suzanne  Loizeaux,  r. 
Rumney,  Jesse  A.  Barney,  r.  and  d. 
Warren,  Fayne  E.  Anderson,  r.  and  d. 
Wnnd.stock,  Harry  D.  Sawyer,  d.  and  r. 


*  Died. 


The  Legislature  of  1949 


XV 


coos  COUNTY 


Berlin, 

Ward  1,  Oliver  A.   Dussault,   d. 

Edward  F.  Hinchey,  d. 

Elisabeth  H.  Mason,  d. 

Henry  M.  Moffett,  d. 
Ward  2,  Romeo  Desilets,  d.  and  r. 

Harry  L.  Henderson,  d. 

Clara  A.  Lazure,  d.  and  r. 
Ward  3,  Harry  E.  Bartlett,  r.  and  d. 

Hilda  C.  F.  Brungot,  r.  and  d. 

Marie  A.  Christiansen, 

r  and  d. 
Ward  It,  A_rthur  A.  Bouchard,  d. 

Jennie  Fontaine,  d.  and  r. 

Rebecca  Gagnon,  d. 

Bernard  J.  Roy,  d. 
Colehrook,  George  B.  Currier,  r. 

Fred  H.  Gould,  r. 


Dalton,  Oriel  R.  Falkenham,  r. 
Dummer,  Linwood  O.  Hamlin,  r. 
G^orham,  James  A.  Eraser,  d.  and  r. 

Walter  J.  Malloy,  d.  and  r. 
Jefferson,  Raymond  G.  Kimball,  r.  and  d. 
Lancaster,  John  B.  Evans,  r.  and  d. 

Lester  E.  Moses,  r.  and  d. 
Milan,  Emil  W.  Johnson,  r. 
Millsfield,  Harold  T.  Baxter,  r. 
Northumberland, 

Ismond  D.  EUingwood,  r. 

Alton   A.   Potter,   d.   and  r. 
Pittsburg,  Harvey  H.  Converse,  r. 
Stark,  Grace  M.  Phelan,  r.  and  d. 
Stewartstown,  Claude  J.  Baker,  r. 
Stratford,  Burritt  H.  Hinman,  r.  and  d. 
Whitefield,  Ada  C.  Taylor,  r.  and  d. 


LAWS 


OF  THE 

STATE  OF  NEW  HAMPSHIRE 

JANUARY  SESSION  OF  1949 


CHAPTER  1. 


AN  ACT  PROVIDING  TEMPORARY  OPEN  SEASON  FOR  TAKING 

PICKEREL. 

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

1.  Temporary  Open  Season.  The  open  season  for  taking 
pickerel  from  certain  waters  which,  by  regulations  promulgated 
by  the  director  of  the  fish  and  game,  would  close  on  Janu- 
ary 15,  1949  is  hereby  extended  so  that  pickerel  may  be  taken 
from  said  waters  until  January  25,  1949. 

2.  Application  of  Statute,  Except  in  so  far  as  may  be 
permitted  under  the  provisions  of  section  1  hereof,  all  pro- 
visions relative  to  taking  pickerel  as  provided  in  fish  and  game 
laws  shall  apply. 

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

[Approved  January  13,  1949.] 


CHAPTER  2. 

AN  ACT  RELATIVE  TO  COMPENSATION  OF  JURORS  FOR  EXPENSES. 

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

1.  Grand  and  Petit  Jurors,  Talesmen.  Amend  section  26  of 
chapter  375  of  the  Revised  Laws,  as  amended  by  chapters  117 
and  200  of  the  Laws  of  1947  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  26.  Compensation. 
Grand  and  petit  jurors  shall  be  paid  by  the  county  for  each  day 


2  Chapters  3,  4  [1949 

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  in  actual  attendance  at  court,  one 
dollar  for  expenses;  talesmen  shall  receive  compensation  and 
allowances  for  travel  and  expenses  in  the  same  manner  and 
amount  as  grand  and  petit  jurors. 

2.     Takes  Effect.    This  act  shall  take  effect  July  1,  1949. 
[Approved  February  2,  1949.] 


CHAPTER  3. 

AN  ACT  RELATIVE  TO  EXEMPTION  FROM  JURY  SERVICE. 

1.  Jurors.  Amend  chapter  375  of  the  Revised  Laws  by 
adding  after  section  27  the  following  new  section:  28. 
Exemption.  If  any  person  of  the  age  of  70  years  or  over  is 
selected  as  a  juror  he  may  at  his  discretion  file  with  the  court 
a  written  statement  prior  to  the  convening  of  court  to  the 
effect  that  he  does  not  wish  to  act  as  a  juror  and  he  shall  be 
discharged  and  another  juror  may  be  drawn  in  his  stead. 

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

[Approved  February  2,  1949,] 


CHAPTER  4. 


AN  ACT  REPEALING  PROVISIONS  AS  TO  THE  ELECTION  OF 
ASSESSORS  IN  TOWNS. 

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

1.  Town  Assessors.  Section  12,  chapter  59,  Revised  Laws, 
providing  for  election  of  special  town  assessors,  is  hereby  re- 
pealed. 

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

[Approved  February  2,  1949.] 


1949]  Chapter  5  3 

CHAPTER  5. 

AN  ACT  RELATIVE  TO  COMPENSATION  OF  MEMBERS  OF  THE  STATE 
CLASSIFICATION  PLAN  AND  RETIREMENT  SYSTEM  BOARDS. 

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

1.  Classification  Plan  Board.  Amend  section  5-b  of  chapter 
145  of  the  Laws  of  1943  as  inserted  by  chapter  262  of  the 
Laws  of  1947  by  striking  out  the  words  "Provided,  however, 
that  the  per  diem  payments  to  employee  member  trustees  shall 
terminate  as  of  December  31,  1948,"  so  that  said  section  as 
amended  shall  read  as  follows:  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  compen- 
sation 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. 

2.  Retirement  System.  Amend  paragraph  III  of  section  11 
of  chapter  183  of  the  Laws  of  1945  as  amended  by  section  2, 
chapter  276  of  the  Laws  of  1947,  by  striking  out  the  words 
"provided,  however,  that  the  per  diem  payments  to  member 
trustees  shall  terminate  as  of  December  31,  1948,"  so  that  said 
paragraph  as  amended  shall  read  as  follows:  III.  The  non- 
member  trustees  shall  receive  the  sum  of  eight  dollars  per  day 
for  each  day  they  are  actually  employed  in  the  performance  of 
their  duties  under  this  chapter;  and  all  trustees  shall  be  re- 
imbursed for  their  necessary  expenses  incurred  in  connection 
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  addi- 
tion to  any  other  compensation  they  may  receive  from  the 
state. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  January  1, 
1949. 

[Approved  February  8,  1949.] 


4  Chapters  6,  7  [1949 

CHAPTER  6. 

AN  ACT  RELATING  TO  THE  ATTENDANCE  AT  COUNTY  CONVENTIONS 

BY  SELECTMEN  OF  TOWNS  NOT  SENDING 

REPRESENTATIVES. 

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

1.  Notification  of  Selectmen.  Amend  chapter  44  of  the 
Revised  Laws  by  inserting  after  section  5  the  following  new 
section:  5-a.  Selectmen  in  Attendance;  When.  The  board 
of  selectmen  of  any  town  not  sending  a  representative  to  the 
general  court  shall  be  furnished  a  copy  of  the  commissioners' 
statement  and  be  notified  by  mail  by  the  chairman  of  the 
county  delegation  of  the  meeting  of  the  county  convention  held 
pursuant  to  the  provisions  of  section  13-b  of  chapter  44  of  the 
Revised  Laws,  as  inserted  by  section  2  of  chapter  142  of  the 
Laws  of  1947.  Such  notice  shall  be  mailed  at  least  five  days 
prior  to  the  meeting. 

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

[Approved  February  8,  1949.] 


CHAPTER  7. 

AN  ACT  RELATING  TO  THE  PENALTY  FOR  EMBEZZLEMENT. 

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

1.  Embezzlement,  Public  Officer.  Amend  section  27  of 
chapter  450  of  the  Revised  Laws  by  striking  out  all  after  the 
word  "be"  in  fourth  line  and  inserting  in  place  thereof  the 
words,  fined  not  more  than  two  thousand  dollars,  or  imprisoned 
not  more  than  five  years,  or  both,  so  that  said  section  as 
amended  shall  read  as  follows:  27.  Public  Officer.  If  any 
public  officer,  being  a  receiver  of  public  money,  shall  fraudu- 
lently convert  the  same  to  his  own  use,  or  shall  pay  or  deliver 
the  same  to  any  person,  knowing  that  such  person  is  not  en- 
titled to  receive  it,  he  shall  be  fined  not  more  than  two  thou- 
sand dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

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

[Approved  February  8,  1949.] 


1949]  Chapters  8,  9  5 

CHAPTER  8. 

AN  ACT  RELATIVE  TO  PROHIBITING  RELEASING  FISH  INTO 
CERTAIN   WATERS. 

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

1.  Prohibition.  Amend  chapter  241  of  the  Revised  Laws 
by  inserting  after  section  13  the  following  new  section :  13-a. 
Releasing  Fish.  No  person  shall  release  into  the  waters  of 
this  state  any  living  fish  or  the  fry  thereof  from  any  other 
waters  in  the  state  without  first  procuring  a  permit  from  the 
director  so  to  do. 

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

[Approved  February  8,  1949.] 


CHAPTER  9. 


AN  ACT  RELATIVE  TO  DEFINITIONS  UNDER  THE  FISH  AND  GAME 

LAWS. 

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

1.  Definitions.  Amend  section  1  of  chapter  241  of  the 
Revised  Laws  by  inserting  the  following  definition  after  the 
definition  for  angling:  Fly:  A  hook  dressed  with  feathers, 
hair,  thread,  tinsel  or  any  similar  material  to  which  no  spinner, 
spoon  or  similar  device  is  added. 

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

[Approved  February  8,  1949.] 


6  Chapters  10,  11  [1949 

CHAPTER  10. 

AN  ACT  RELATING  TO  THE  EXAMINATION  OF  SAW  MILLS  BY  THE 
STATE  FORESTER  OR  HIS  AUTHORIZED  AGENTS. 

Be  it  enacted  by  the  Senate  and  House  of  Repr'esentatives  in 
General  Court  convened: 

1.  Examination  of  Saw  Mills.  Amend  section  65  of 
chapter  233  of  the  Revised  Laws  by  striking  out  the  words 
"when  immediate  action  is  necessary  the  district  chief"  in  the 
fourth  line  and  inserting  in  place  thereof  the  words,  the  said 
authorized  agents,  so  that  said  section  as  amended  shall  read 
as  follows:  65.  .  Examination.  It  shall  be  the  duty  of  the 
state  forester  or  his  authorized  agents  to  examine  all  such 
mills.  If  upon  examination  a  mill  is  found  operating  in 
violation  of  the  provisions  of  this  subdivision  the  state  forester, 
or  the  said  authorized  agents,  may  cancel  the  permit  to  operate 
said  mill  until  such  time  as  such  provisions  have  been  complied 
with. 

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

[Approved  February  8,  1949.] 


CHAPTER  11. 


AN  ACT  RELATING  TO  EXPENSES  OF  THE  STATE  FORESTER  IN 
REFORESTATION  PLANS. 

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

1.  Powers  of  State  Forester.  Amend  section  10,  chapter 
233  of  the  Revised  Laws  by  striking  out  all  after  the  word 
"tracts"  in  the  fourth  line  and  inserting  in  place  thereof  the 
words,  on  such  terms  as  the  forestry  and  recreation  commis- 
sion may  approve,  so  that  said  section  as  amended  shall  read 
as  follows:  10.  Plans.  He  shall,  upon  request  and  when- 
ever he  deems  it  essential  to  the  best  interests  of  the  people  of 
the  state,  co-operate  with  counties,  towns,  corporations  and 
individuals  in  preparing  plans  for  the  protection,  management 


1949]  Chapter  12  7 

and  replacement  of  trees,  woodlots  and  timber  tracts,  on  such 
terms  as  the  forestry  and  recreation  commission  may  approve. 
2.     Takes    Effect.      This    act    shall  take    effect    upon    its 
passage, 
[Approved  February  8,  1949.] 


CHAPTER  12. 


AN  ACT  RELATING  TO  THE  REVERSION  TO  TOWNS  OF  CERTAIN 
RIGHTS  OF  WAY. 

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

1.  Rights  of  Way.  Amend  section  3,  part  8,  chapter  90  of 
the  Revised  Laws  as  inserted  by  chapter  188  of  the  Laws  of 
1945  by  striking  out  the  whole  of  said  section  and  inserting  in 
place  thereof  the  following:  3.  Reversion  to  Town.  Upon 
the  filing  of  notice  with  the  highway  commissioner  that  such 
occasion  exists,  or,  in  the  event  that  the  selectmen  fail  to  take 
any  action  or  notify  the  highway  commissioner  in  writing  of 
their  determination  within  sixty  days  after  the  receipt  of 
notice  from  him,  the  right  of  way  over  such  portion  of  land 
and  title  to  any  interest  held  by  the  state  in  such  portion  shall 
thereupon  revert  to  or  vest  in  such  town,  and  the  highway 
commissioner  shall  so  certify  in  writing  under  oath  to  the 
selectmen,  and  the  highway  shall  thereupon  become  a  class  V 
or  class  VI  highway. 

2.  Notice.  Amend  section  4,  part  8  of  chapter  90  of  the 
Revised  Laws  as  inserted  by  chapter  188  of  the  Laws  of  1945 
by  striking  out  the  whole  of  said  section  and  inserting  in  place 
thereof  the  following:  4.  Notice  of  Discontinuance.  Upon 
the  filing  of  notice  with  the  highway  commissioner  that  such 
occasion  does  not  exist,  the  highway  commissioner  shall  post 
notice  in  two  public  places  in  such  town  that  such  portion  of 
highway  is  thereupon  discontinued. 

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

[Approved  February  8, 1949.] 


8  Chapters  13,  14  [1949 

CHAPTER  13. 

AN  ACT  RELATING  TO  THE  DISCONTINUANCE  OF  CERTAIN  CLASSES 

OF  HIGHWAYS. 

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

1.  Highways.  Amend  section  1  of  part  9  of  chapter  90  of 
the  Revised  Laws  as  inserted  by  chapter  188  of  the  Laws  of 
1945  by  adding  at  the  end  thereof  the  words,  and  provided 
further  that  no  owner  of  land  shall,  without  his  written  con- 
sent, be  deprived  of  access  over  such  highway,  at  his  own  risk, 
so  that  said  section  as  amended  shall  read  as  follows: 
1.  Power  to  Discontinue.  Any  class  IV,  V,  or  VI  highway,  or 
any  portion  thereof,  in  a  town  may  be  discontinued  by  vote  of 
a  town ;  provided,  however,  that  any  highway  to  public  waters, 
or  portion  of  such  highway,  laid  out  by  a  commission  appointed 
by  the  governor  and  council,  shall  not  be  discontinued  except 
with  the  consent  of  the  governor  and  council  and  provided 
further  that  no  owner  of  land  shall,  without  his  written  con- 
sent, be  deprived  of  access  over  such  highway,  at  his  own  risk. 

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

[Approved  February  8,  1949.] 


CHAPTER  14. 

AN  ACT  RELATING  TO  THE  AUDIT  OF  SCHOOL  DISTRICT  ACCOUNTS. 

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

1.  School  District  Officers.  Amend  section  13,  chapter  139, 
Revised  Laws,  by  adding  at  the  end  thereof  the  following: 
provided,  however,  that  school  districts  requesting  an  audit  by 
the  municipal  accounting  division  of  the  state  tax  commission 
shall  not  be  required  to  choose  auditors  for  the  year  covered  by 
said  audit,  so  that  said  section  as  amended  shall  read  as 
follows:  13.  What  to  be  Chosen.  The  officers  of  every 
school  district  for  which  the  law  does  not  otherwise  provide 
shall  be  a  moderator,  a  clerk,  a  school  board  of  three  persons,  a 


1949]  Chapters  15,  16  9 

treasurer,  one  or  more  auditors  and  such  other  officers  and 
agents  as  the  voters  may  judge  necessary  for  managing  the 
district  affairs;  provided,  however,  that  school  districts  re- 
questing an  audit  by  the  municipal  accounting  division  of  the 
state  tax  commission  shall  not  be  required  to  choose  auditors 
for  the  year  covered  by  said  audit. 

2.     Takes    Effect.       This    act    shall  take    effect    upon    its 
passage. 
[Approved  February  10,  1949.] 


CHAPTER  15. 

AN  ACT  NAMING  THE  JOHN  STARK  HIGHWAY. 

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

1.  Highway  Named.  The  New  Hampshire  highway  de- 
scribed as  follows,  beginning  on  route  114  in  West  Manchester, 
continuing  on  said  route  through  Goffstown,  New  Boston, 
Weare,  Henniker,  Warner  to  Bradford,  then  continuing  on 
route  103  from  Bradford  through  Newbury,  Sunapee  to  New- 
port and  on  route  11  from  Newport  through  Claremont  to 
Charlestown,  is  hereby  given  the  name  of  the  John  Stark  High- 
way. The  governor  and  council  are  authorized  and  directed  to 
do  all  things  necessary  to  suitably  mark  and  designate  the 
highway  herein  named. 

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

[Approved  February  10,  1949.] 


CHAPTER  16. 

AN  ACT  RELATIVE  TO  HAVING  OR  CARRYING  LOADED  GUNS. 

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

1.  Loaded  Guns.  Amend  section  6  of  chapter  241  of  the 
Revised  Laws,  as  amended  by  section  1,  chapter  47,  Laws  of 
1947,  by  striking  out  said  section  and  inserting  in  place  thereof 


10  Chapters  17,  18  [1949 

the  following:  6.  Prohibition.  No  person  shall  take  or 
attempt  to  take  wild  birds  or  wild  animals  from  a  motor 
vehicle,  boat,  aircraft  or  other  craft  propelled  by  mechanical 
power.  No  person  shall  have  or  carry,  in  or  on,  such  motor 
vehicle,  boat,  aircraft  or  other  craft,  whether  moving  or 
stationary,  a  loaded  rifle  or  loaded  shotgun  or  a  rifle  or  shotgun 
with  a  cartridge  in  the  magazine  or  clip  attached  to  the  gun. 
This  section  shall  not  apply  to  law  enforcement  officers  carry- 
ing guns  in  the  line  of  duty. 

2.     Takes   Effect.      This    act    shall    take    effect   upon    its 
passage. 
[Approved  February  10,  1949.] 


CHAPTER  17. 


AN  ACT  REPEALING  THE  PROVISION  WHEREBY  CONSERVATION 
OFFICERS  MAY  ACCEPT  FINES  IN  THE  FIELD. 

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

1.  Fish  and  Game  Conservation  Officers.  Paragraph  X  of 
section  25  of  chapter  240  of  the  Revised  Laws  relative  to 
authority  of  conservation  officers  to  accept  from  violators  the 
amount  of  their  fines  is  hereby  repealed. 

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

[Approved  February  10,  1949.] 


CHAPTER  18. 

AN  ACT  RELATIVE  TO  TOWN  ROAD  AID. 

Be  it  enacted  by  the  Senate  and  Hous'e  of  Representatives  in 
General  Court  convened: 

1.  Town  Road  Aid.  Amend  section  1  of  part  13,  chapter  90 
of  the  Revised  Laws,  as  inserted  by  chapter  188  of  the  Laws  of 
1945,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  1.  Towns  Entitled  to  Town  Road  Aid.  Any 
city,  town  or  unincorporated  place  which  has  completed  its 


1949]  Chapter  19  11 

class  II  highways  shall  be  entitled  to  town  road  aid  for  con- 
struction, maintenance,  and  reconstruction  of  rural  post  roads 
and  class  V  highways.  Any  city,  town  or  unincorporated 
place  which  has  uncompleted  portions  of  its  class  II  highways, 
shall  also  be  entitled  to  town  road  aid  for  construction,  mainte- 
nance, and  reconstruction  of  rural  post  roads  and  class  V 
highways,  for  any  one  year,  provided  it  shall  raise  and  appro- 
priate for  the  same  year  such  sums  for  construction  of  its 
uncompleted  class  II  highways  as  may  be  determined  by  the 
highway  commissioner. 

2.     Takes    Effect.      This    act    shall    take    effect   upon    its 
passage. 
[Approved  February  10,  1949.] 


CHAPTER  19. 

AN  ACT  RELATING  TO  THE  POV^ERS  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,  and  by  chapter  288,  Laws  of  1947,  by  striking  out  the 
word  "fifty"  in  the  tenth  line  and  inserting  in  place  thereof 
the  word,  seventy,  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,  evidences  of 
debt,  and  other  personal  property  of  a  similar  character,  for 
safe  keeping,  upon  such  terms  or  conditions  as  may  be  agreed 
upon,  which  said  deposits  may  be  made  by  corporations  and 
persons  acting  individually  or  in  any  fiduciary  capacity;  to 
collect  and  disburse  the  income  and  principal  of  said  property 
when  due ;  to  advance  or  loan  money  or  credits  on  personal 
security  or  property ;  to  advance  or  loan  not  exceeding  seventy 
per  cent  of  its  capital  and  surplus  on  notes  secured  by  first 
mortgage  of  real  estate  situated  in  the  New  England  states,  but 
no  such  loan  shall  exceed  seventy  per  cent  of  the  value  of  the 
security  except  that  in  applying  the  foregoing  limitations  no 
consideration  shall  be  given  to  such  portion  of  any  note  as  may 


12  Chapter  20  [1949 

be  guaranteed  by  the  Administrator  of  Veterans'  Affairs  under 
Title  III  of  the  Servicemen's  Readjustment  Act  of  1944,  as  the 
same  may  be  amended  from  time  to  time  or  insured  by  the 
federal  housing  administrator  provided  that  such  insurance  is 
payable  in  cash  or  in  debentures  guaranteed  as  to  principal 
and  interest  by  the  United  States ;  to  advance  or  loan  on  notes 
wholly  guaranteed  by  the  Administrator  of  Veterans'  Affairs 
under  Title  III  of  the  Servicemen's  Readjustment  Act  of  1944, 
as  amended  from  time  to  time,  or  wholly  insured  by  the  federal 
housing  administrator,  provided  that  such  insurance  is  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  February  15,  1949.] 


CHAPTER  20. 


AN  ACT  RELATIVE  TO  ANNUAL  REPORT  OF  THE  BANK 
COMMISSIONER. 

Be  it  enacted  by  the  Senate  and  Hoii»e  of  Representatives  in 
General  Court  convened: 

1.  Bank  Commissioner.  Amend  section  13  of  chapter  307 
of  the  Revised  Laws  by  striking  out  the  w^ords  "on  or  before 
September  first  in  each  year,"  in  the  second  line  and  by  strik- 
ing out  the  words  "officers'  bonds"  in  the  ninth  line  and  insert- 
ing in  place  thereof  the  words,  surety  bonds  covering  officers 
and  employees,  so  that  said  section  as  amended  shall  read  as 
follows:  13.  Commissioner's  Reports.  The  commissioner 
shall  file  with  the  secretary  of  state  his  annual  report,  which 
shall  contain  a  statement  of  the  resources  and  liabilities  of  each 
institution  under  his  supervision,  the  amount  of  earnings  of 
each  institution  for  a  twelve-month  period,  or  for  such  period 
as  he  may  select,  and  the  disbursements  for  the  same  period 
for  taxes,  expenses,  and  other  charges  together  with  the  rate 
and  the  amount  of  the  dividends  paid  during  the  time.  The 
report  shall  also  give  the  names  of  the  officers  of  eacli  insti- 


1949]  Chapter  21  13 

tution,  the  amount  of  the  surety  bonds  covering  officers  and 
employees,  the  total  salary  and  compensation  paid  to  officers 
and  employees,  with  such  other  information  as  he  may  deem 
necessary.  He  shall  make  such  recommendations  therein  as 
he  thinks  will  promote  the  public  good. 

2.      Takes   Effect.      This   act   shall   take   effect   upon   its 
passage. 
[Approved  February  15,  1949.] 


CHAPTER  21. 


AN  ACT  PROVIDING  FOR  THE  SETTLEMENT  OF  DISPUTES  RESPECT- 
ING THE  DOMICILE  OF  DECEDENTS  FOR  DEATH  TAX  PURPOSES. 

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

1.  Settlement  of  Disputes  Respecting  the  Domicile  of  De- 
cedents for  Death  Tax  Purposes.  Amend  the  Revised  Laws  by 
inserting  after  chapter  89  the  following  new  chapter: 

Chapter  89-A 

Settlement  of  Disputes  Respecting  the  Domicile  of 
Decedents  for  Death  Tax  Purposes 

1.     Definitions.     When  used  in  this  chapter  the  following 
terms  shall  have  the  following  meanings : 

(a)  "Executor,"  any  executor  of  the  will  or  administrator 
of  the  estate  of  a  decedent,  except  an  ancillary  administrator ; 

(b)  "Taxing  official,"  the  assistant  attorney-general  in  this 
state,  and  in  any  other  reciprocal  state  the  officer  or  body 
designated  in  the  statute  of  such  state  substantially  similar  to 
this  chapter; 

(c)  "Death  tax,"  any  tax  levied  by  a  state  on  account  of  the 
transfer  or  shifting  of  economic  benefits  in  property  at  death, 
or  in  contemplation  thereof,  or  intended  to  take  effect  in 
possession  or  enjoyment  at  or  after  death,  whether  denomi- 
nated an  "inheritance  tax,"  "transfer  tax,"  "succession  tax," 
"estate  tax,"  "death  duty,"  "death  dues,"  or  otherwise ; 

(d)  "Interested  person,"  any  person  who  may  be  entitled  to 
receive,  or  who  has  received  any  property  or  interest  which 


14  Chapter  21  [1949 

may  be  required  to  be  considered  in  computing  the  death  tax 
of  any  state  involved, 

2.  Election  to  Invoke  Provisions  of  Chapter;  Rejection  of 
Election.  In  any  case  in  vi^hich  this  state  and  one  or  more 
other  states  each  claims  that  it  was  the  domicile  of  a  decedent 
at  the  time  of  his  death,  and  no  judicial  determination  of 
domicile  for  death  tax  purposes  has  been  made  in  any  of  such 
states,  any  executor,  or  the  taxing  official  of  any  such  state, 
may  elect  to  invoke  the  provisions  of  this  chapter.  Such  election 
shall  be  evidenced  by  the  sending  of  a  notice  by  registered 
mail,  receipt  requested,  to  the  taxing  officials  of  each  such  state 
and  to  each  executor,  ancillary  administrator  and  interested 
person.  Any  executor  may  reject  such  election  by  sending  a 
notice  by  registered  mail,  receipt  requested,  to  the  taxing 
officials  involved  and  to  all  other  executors  v^^ithin  forty  days 
after  the  receipt  of  such  notice  of  election.  If  such  election  be 
rejected,  no  further  proceedings  shall  be  had  under  this 
chapter.  If  such  election  be  not  rejected,  the  dispute  as  to  the 
death  taxes  shall  be  determined  solely  as  hereinafter  provided, 
and  no  other  proceedings  to  determine  or  assess  such  death 
taxes  shall  thereafter  be  instituted  in  the  courts  of  this  state 
or  otherwise. 

3.  Agreement  with  Other  Taxing  Officials  and  Executors 
as  to  Death  Tax,  etc.  In  any  case  in  which  an  election  is  made 
as  provided  in  section  2  and  not  rejected,  the  assistant  attorney 
general  may  enter  into  a  written  agreement  with  the  other 
taxing  officials  involved  and  with  the  executors,  to  accept  a 
certain  sum  in  full  payment  of  any  death  tax,  together  with 
interest  and  penalties,  that  may  be  due  this  state;  provided, 
that  said  agreement  also  fixes  the  amount  to  be  paid  the  other 
state  or  states.  If  an  agreement  cannot  be  reached  and  the 
arbitration  proceeding  specified  in  section  4  is  commenced,  and 
thereafter  an  agi'eement  is  arrived  at,  a  written  agreement 
may  be  entered  into  at  any  time  before  such  proceeding  is  con- 
cluded, notwithstanding  the  commencement  of  such  proceeding 
Upon  the  filing  of  such  agreement  or  duplicate  thereof  with 
the  state  treasurer,  an  assessment  shall  be  made  as  therein 
provided  and  such  assessment,  except  as  hereinafter  provided, 
shall  finally  and  conclusively  fix  and  determine  the  amount  of 
death  tax  due  this  state.  In  the  event  that  the  aggregate 


1949]  Chapter  21  15 

amount  payable  under  such  agreement  to  the  states  involved  is 
less  than  the  maximum  credit  allowable  to  the  estate  against 
the  United  States  estate  tax  imposed  with  respect  thereto,  the 
executor  forthwith  shall  also  pay  to  the  state  treasurer  the 
same  percentage  of  the  difference  between  such  aggregate 
amount  and  the  amount  of  such  credit,  as  the  amount  payable 
to  this  state  under  the  agreement  bears  to  such  aggregate 
amount. 

4.     Determination  of  Domicile  in  Absence  of  Agreement. 

If  in  any  such  case  it  shall  appear  that  an  agreement  cannot  be 
reached  as  provided  in  section  3,  or  if  one  year  shall  have 
elapsed  from  the  date  of  the  election  without  such  an  agree- 
ment having  been  reached,  the  domicile  of  the  decedent  at  the 
time  of  his  death  shall  be  determined  solely  for  death  tax  pur- 
poses as  follows: 

(a)  Where  only  this  state  and  one  other  state  are  in- 
volved, the  assistant  attorney  general  and  the  taxing  official 
of  such  other  state  shall  each  appoint  a  member  of  a  board  of 
arbitration,  and  the  members  so  appointed  shall  select  the 
third  member  of  the  board.  If  this  state  and  more  than  one 
other  state  are  involved,  the  taxing  officials  thereof  shall  agree 
upon  the  authorities  charged  with  the  duty  of  administering 
death  tax  laws  in  three  states  not  involved,  each  of  which 
authorities  shall  appoint  a  member  of  the  board.  The  mem- 
bers of  the  board  shall  elect  one  of  their  number  as  chairman. 

(b)  Such  board  shall  hold  hearings  at  such  places  as  are 
deemed  necessary,  upon  reasonable  notice  to  the  executors, 
ancillary  administrators,  all  other  interested  persons,  and  the 
taxing  officials  of  the  states  involved,  all  of  whom  shall  be  en- 
titled to  be  heard. 

(c)  Such  board  shall  have  power  to  administer  oaths,  take 
testimony,  subpoena  and  require  the  attendance  of  witnesses 
and  the  production  of  books,  papers  and  documents  and  issue 
commissions  to  take  testimony.  Subpoenas  may  be  issued  by 
any  member  of  the  board.  Failure  to  obey  a  subpoena  may  be 
punished  by  a  judge  or  justice  of  any  court  of  record  in  the 
same  manner  as  if  the  subpoena  had  been  issued  by  such  judge 
or  justice  or  by  the  court  in  which  such  judge  or  justice 
functions. 


16  Chapter  21  [1949 

(d)  Such  board  shall  apply,  whenever  practicable,  the  rules 
of  evidence  which  prevail  in  federal  courts  under  the  federal 
rules  of  civil  procedure  at  the  time  of  the  hearing. 

(e)  Such  board  shall,  by  majority  vote,  determine  the 
domicile  of  the  decedent  at  the  time  of  his  death.  Such  de- 
termination shall  be  final  and  conclusive,  and  shall  bind  this 
state  and  all  of  its  judicial  and  administrative  officials  on  all 
questions  concerning  the  domicile  of  the  decedent  for  death  tax 
purposes. 

(f )  The  reasonable  compensation  and  expenses  of  the  mem- 
bers of  the  board  and  employees  thereof  shall  be  agreed  upon 
among  such  members,  the  taxing  officials  of  the  states  in- 
volved, and  the  executors.  In  the  event  an  agreement  cannot 
be  reached,  such  compensation  and  expenses  shall  be  de- 
termined by  such  taxing  officials,  and,  if  they  cannot  agree,  by 
the  appropriate  probate  court  of  the  state  determined  to  be 
the  domicile.  Such  amount  shall  be  borne  by  the  estate  and 
shall  be  deemed  an  administration  expense. 

(g)  The  determination  of  such  board  and  the  record  of  its 
proceeding  shall  be  filed  with  the  authority  having  juris- 
diction to  assess  the  death  tax  in  the  state  determined  to  be 
the  domicile  of  the  decedent  and  with  the  authorities  which 
would  have  had  jurisdiction  to  assess  the  death  tax  in  each  of 
the  other  states  involved  if  the  decedent  had  been  found  to  be 
domiciled  therein. 

5.  Penalties  and  Interest  for  Nonpayment  of  Tax.     In 

any  case  where  it  is  determined  by  the  board  of  arbitration 
referred  to  in  section  4  that  the  decedent  died  domiciled  in  this 
state,  penalties  and  interest  for  nonpayment  of  the  tax,  be- 
tween the  date  of  the  election  and  the  final  determination 
of  the  board,  shall  not  exceed,  in  the  aggregate,  four  per  cent 
of  the  amount  of  the  taxes  per  annum. 

6.  Application  of  Chapter.  The  provisions  of  this  chapter 
shall  apply  only  to  cases  in  which  each  of  the  states  involved 
has  in  effect  a  law  substantially  similar  to  this  chapter. 

7.  Chapter  Controls  in  Case  of  Conflict.  If,  in  any  case  to 

which  this  chapter  applies,  the  provisions  of  this  chapter  con- 
flict with  any  other  law  of  this  state,  this  chapter  shall  control. 


1949]  Chapters  22,  23  17 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its  passage 
and  shall  apply  to  the  settlement  of  disputes  among  states  with 
respect  to  death  taxes  which  come  within  its  scope  without  re- 
gard to  whether  the  decedent  died  before  or  after  the  effective 
date  hereof. 
[Approved  February  17,  1949.] 


CHAPTER  22. 

AN  ACT  RELATING  TO  THE  DISPOSAL  OF  DOG  LICENSE  FEES. 

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

1.  Town  Moneys.  Amend  section  17  of  chapter  140  of  the 
Revised  Laws  by  striking  out  the  words  "applied  to  the 
support  of  the  public  schools,  and  shall  be  assigned  to  the  dis- 
tricts as  other  school  money,"  and  inserting  in  place  thereof 
the  words,  for  the  use  of  the  town  or  city,  and  by  striking  out 
the  words  "April  first"  and  inserting  in  place  thereof  the 
words,  December  thirty-first,  so  that  said  section  as  amended 
shall  read  as  follows:  17.  Dog  Licenses.  All  moneys  aris- 
ing from  the  licensing  of  dogs,  remaining  in  the  treasury  of 
any  town  or  city  on  December  thirty-first,  annually,  which  is 
not  due  to  holders  of  orders  given  for  loss  of  or  damages  to 
domestic  animals  by  dogs,  shall  be  for  the  use  of  the  town  or 
city. 

2.  Takes  Effect.  This  act  shall  be  effective  as  to  the 
balance  of  dog  license  fees  accruing  on  or  after  January  1, 
1950. 

[Approved  February  17,  1949.] 


CHAPTER  23. 


AN  ACT  RELATING  TO  THE  TIME  FOR  ACCOUNTING  FOR  BOUNTIES 

BY  SELECTMEN. 

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

1.     Payment  of  Bounties.     Amend  section  5  of  chapter  180 
of  the  Revised  Laws  by  inserting  after  the  word  "January"  in 


18  Chapter  24  [1949 

the  fifth  Hne  the  words,  and  the  month  of  July,  so  that  said 
section  as  amended  shall  read  as  follows :  5.  Account.  The 
selectman  of  a  town  or  city  clerk  shall  keep  a  true  account  of 
the  money  so  paid,  and  the  number  of  each  species  of  animals 
and  quantity  of  insects  for  which  bounties  have  been  paid,  and 
upon  presentation  of  such  account,  certified  by  a  majority  of 
such  selectmen  or  by  the  city  clerk  to  be  just  and  true,  to  the 
state  treasurer  in  the  month  of  January  and  the  month  of 
July,  the  same  shall  be  paid  from  the  state  treasury  to  such 
selectmen  or  city  clerk,  or  upon  their  written  order. 

2.      Takes   Effect.      This   act   shall   take   effect   upon   its 
passage. 
[Approved  February  23,  1949.] 


CHAPTER  24. 

AN  ACT  RELATING  TO  PARI  MUTUEL  POOLS  AT  RACE  MEETS. 

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

1.  Pari  Mutuel  Pools.  Amend  section  15  of  chapter  171  of 
the  Revised  Laws,  as  amended  by  chapter  83,  Laws  of  1943 
and  chapter  117,  Laws  of  1945,  by  striking  out  the  figure 
"1950"  in  the  sixth  line  and  inserting  in  place  thereof  the 
figure,  1956,  so  that  said  section  as  amended  shall  read  as 
follows:  15.  Pari  Mutuel  Pools.  Within  the  enclosure  of  any 
race  track  where  is  held  a  race  or  race  meet  licensed  and  con- 
ducted under  this  chapter,  but  not  elsewhere,  the  sale  of  pari 
mutuel  pools  by  the  licensee  under  such  regulations  as  may  be 
prescribed  by  said  commission  is  hereby  permitted  and  author- 
ized during  the  calendar  years  1941  to  1956,  inclusive.  Com- 
missions on  such  pools  shall  in  no  event  and  at  no  track  exceed 
eleven  and  one-half  per  cent  of  each  dollar  wagered,  plus  the 
odd  cents  of  all  redistribution  to  be  based  on  each  dollar 
wagered  exceeding  a  sum  equal  to  the  next  lowest  multiple  of 
ten,  known  as  "breakage,"  one  half  of  which  breakage  shall 
be  retained  by  the  licensee  and  the  balance  shall  be  paid  to  the 
state  treasurer  for  the  use  of  the  state  in  accordance  with  the 


1949]  Chapters  25,  26  19 

provisions  of  section  2.     Said  maximum  shall  include  the  five 
per  cent  tax  hereinafter  prescribed. 

2.      Takes   Effect.      This   act   shall   take   effect   upon   its 
passage. 
[Approved  February  23,  1949.] 


CHAPTER  25. 


AN  ACT  RELATIVE  TO  PRIVILEGED  COMMUNICATIONS  FROM 
PRISONERS  OF  STATE  PRISON. 

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

1.  Prisoners.  Amend  section  16  of  chapter  46^  of  the 
Revised  Laws  by  inserting  after  the  word  "trustees"  in  the 
second  line,  the  words,  or  the  attorney-general,  so  that  said 
section  as  amended  shall  read  as  follows:  16.  Communi- 
cation with  Trustees,  etc.  Whenever  a  prisoner  desires  to 
communicate  with  the  governor  and  council  or  the  trustees  or 
the  attorney-general  he  shall  be  permitted  to  do  so  in  a  direct 
manner,  and  without  any  supervision  being  exercised  over  his 
letters  by  the  prison  officials  or  other  persons. 

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

[Approved  February  23,  1949.] 


CHAPTER  26. 

AN  ACT  RELATIVE  TO  CREDIT  UNIONS. 

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

1.  Shares  and  Deposits.  Amend  section  17,  chapter  315  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  17.  Use  of  Funds.  While 
awaiting  calls  of  its  members  for  loans,  it  may  deposit  its 
money  in  any  savings  bank,  trust  company,  or  national  bank  in 
this  state,  or,  by  majority  vote  of  the  board  of  directors  and 
with  the  approval  of  the  commissioner,  in  any  savings   bank, 


20  Chapters  27,  28  [1949 

trust  company,  or  national  bank  outside  of  the  state.  It  may 
invest  any  surplus  funds  in  the  purchase  of  any  securities  that 
are  approved  by  the  commissioner. 

2.     Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  February  23,  1949.] 


CHAPTER  27. 


AN  ACT  RELATING  TO  COPIES  OF  PUBLIC  RECORDS  REQUIRED  BY 
VETERANS  ADMINISTRATION. 

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

1.  Fees.  Amend  chapter  219-A  of  the  Revised  Laws  as  in- 
serted by  chapter  190  of  the  Laws  of  1943  by  inserting  after 
section  4  the  following  new  section:  5.  Copies  of  Public 
Records.  When  a  copy  of  any  public  record  is  required  by 
the  veterans  administration  to  be  used  in  detennining  the 
ehgibility  of  any  person  to  participate  in  benefits  made  avail- 
able by  the  veterans  administration,  the  official  custodian  of 
such  public  record  shall  without  charge  provide  the  applicant 
for  such  benefits  or  any  person  acting  on  his  behalf  or  the 
authorized  representative  of  the  veterans  administration  with 
a  certified  copy  of  such  record. 

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

[Approved  February  23,  1949.] 


CHAPTER  28. 

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  of  the  Laws  of  1943, 
chapter  88,  Laws  of  1945,  and  chapter  214,  Laws  of  1947,  by 
striking  out  the  same  and  inserting  in  place  thereof  the  follow- 


1949]  Chapter  29  21 

ing:  16.  Burial  Expenses.  Whenever  any  member  or 
former  member  of  the  armed  forces  of  the  United  States,  who 
served  in  any  war  or  armed  conflict  in  which  the  United  States 
has  been  engaged,  for  a  total  period  of  ninety  days  (unless 
sooner  released  from  such  service  by  reason  of  disability  in- 
curred in  service)  between  April  21,  1898  and  April  11,  1899 
for  Spanish  War  service;  April  6,  1917  and  July  2,  1921,  World 
War  I  service;  December  8, 1941  and  December  31,  1946,  World 
War  II  service,  and  whose  services  were  terminated  under 
conditions  other  than  dishonorable,  dies  and  the  commander 
and  adjutant  of  any  recognized  veterans  organization  of  which 
he  was  a  member,  or  the  majority  of  the  selectmen  of  the  town 
or  the  mayor  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,  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,  verified  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.     Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  February  24,  1949.] 


CHAPTER  29. 


AN  ACT  TO  ENLARGE  THE  POWERS  OF  SAVINGS  BANKS  IN 
MAKING  LOANS  TO  VETERANS. 

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

1.  Legal  Investments;  Loans  Guaranteed  by  Veterans' 
Administration.  Amend  paragraph  III  of  section  3,  chapter 
310   of  Revised   Laws  by  inserting  after  the  first  sentence 


22  Chapter  29  [1949 

thereof  the  following:  In  determining  whether  any  loan  ex- 
ceeds 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  Readjust- 
ment Act  of  1944  as  amended  from  time  to  time  or  (2)  an 
obligation  wholly  guaranteed  under  such  title,  so  that  as 
amended  said  paragraph  III  of  said  section  3  shall  read  as 
follows :  III.  Other  Real  Estate.  Those  directly  secured  by 
first  mortgage  on  real  estate  situated  without  this  state,  but 
entirely  within  the  United  States,  except  as  provided  in  para- 
graph I,  which  at  the  time  of  such  investment  is  improved, 
occupied  and  productive;  but  not  exceeding  forty  per  cent  of 
the  deposits  shall  be  so  invested,  and  no  such  investment  shall 
be  in  a  loan  that  exceeds  fifty  per  cent  of  the  value  of  the  real 
estate  by  which  it  is  secured,  unless  the  loan  is  further  secured 
by  a  guaranty  satisfactory  to  the  commissioner,  in  which  case 
it  shall  not  exceed  sixty  per  cent  of  the  value  of  the  real  estate 
by  which  it  is  secured.  In  determining  whether  any  loan  ex- 
ceeds 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  Readjust- 
ment Act  of  1944  as  amended  from  time  to  time  or  (2)  an 
obligation  wholly  guaranteed  under  such  title.  The  pro- 
visions of  this  paragraph  shall  not  apply  to  bonds  of  railroad 
or  public  service  corporations.  No  loan  or  investment  shall 
be  made  under  this  paragi-aph  upon  real  estate  situated  out- 
side of  New  England  except  through  or  from  an  individual, 
partnership,  association  or  corporation  duly  registered  as  a 
dealer  in  securities  in  this  state,  nor  except  upon  written  appli- 
cation showing  the  date,  name  of  applicant,  amount  asked  for 
and  security  offered  and  not  more  than  thirty  per  cent  of  the 
deposits  shall  be  loaned  upon  real  estate  situated  outside  of 
New  England. 

2.     Takes    Effect.      This   act    shall    take    effect    upon    its 
passage. 
[Approved  February  24,  1949.] 


1949]  Chapter  30  23 

CHAPTER  30. 

AN  ACT  RELATIVE  TO  UNEMPLOYMENT  COMPENSATION  BENEFITS 
AND  BENEFIT  ELIGIBILITY  CONDITIONS. 

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

1.  Increase  in  Benefits.  Amend  subsection  B,  section  2  of 
chapter  218  of  the  Revised  Laws,  as  amended  by  section  5, 
chapter  56  of  the  Laws  of  1943,  section  1,  chapter  78  of  the 
Laws  of  1945,  section  7,  chapter  59  of  the  Laws  of  1947,  by 
striking  out  the  whole  of  the  same  and  inserting  in  place  there- 
of the  following :  B.  Weekly  Benefit  Amount  for  Total 
unemployment  and  maximum  total  amount  of  benefits 
Payable  During  any  Benefit  Year. 

(1)  Each  eligible  individual  who  is  totally  unemployed  in 
any  week  shall  be  paid  with  respect  to  such  week  benefits  in 
the  amount  shown  in  column  B  of  the  schedule  delineated  in 
this  paragi'aph  on  the  line  on  which  in  column  A  there  is  in- 
dicated the  individual's  annual  wage  class  except  as  otherwise 
provided  in  paragraph  (2)  of  this  subsection.  The  maximum 
total  amount  of  benefits  payable  to  any  eligible  individual  dur- 
ing any  benefit  year  shall  be  the  amount  shown  in  column  C  of 
the  schedule  delineated  in  this  paragraph  on  the  line  on  which 
in  column  A  there  is  indicated  the  individual's  annual  wage 
class  except  as  otherwise  provided  in  paragraph  (2)  of  this 
subsection. 


A 

B 

C 

Total  Annual  Earnings 

Weekly  Benefit 

Maximum 

in  Ba.se  Period 

Amount 

Benefits 

$200.00  — 

$299.99 

$6 

$138 

300.00  — 

349.99 

7 

161 

350.00  — 

399.99 

8 

184 

400.00  — 

499.99 

9 

207 

500.00  — 

599.99 

10 

230 

600.00  — 

699.99 

11 

253 

700.00  — 

799.99 

12 

276 

800.00  — 

899.99 

13 

299 

900.00  — 

999.99 

14 

322 

1,000.00  — 

1,099.99 

15 

345 

1,100.00  — 

1,199.99 

16 

368 

24 


( 

Chapter  30 

[19- 

A 

B 

C 

Total  Annual  Earnings 

Weekly  Benefit 

Maximum 

in  Base  Period 

Amount 

Benefits 

1,200.00—    1,299.99 

17 

391 

1,300.00—    1,399.99 

18 

414 

1,400.00—    1,499.99 

19 

437 

1,500.00—    1,599.99 

20 

460 

1,600.00—    1,699.99 

21 

483 

1,700.00—    1,799.99 

22 

506 

1,800.00—    1,899.99 

23 

529 

1,900.00—    1,999.99 

24 

552 

2,000.00—    and  over 

25 

575 

(2)  If  at  any  time  the  fund  shall  fail  to  equal  or  fail  to 
exceed  twelve  million  dollars  and  shall  be  maintained  at  less 
than  that  figure  for  a  period  of  two  consecutive  calendar 
months,  each  eligible  individual  who  is  totally  unemployed  in 
any  week  shall  be  paid  with  respect  to  such  week  benefits  in  the 
amount  shown  in  column  B  of  the  schedule  delineated  in  this 
paragraph  on  the  line  on  which  in  column  A  there  is  indicated 
the  individual's  annual  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  effect  on 
the  first  day  of  the  month  immediately  following  the  two- 
month  period  in  this  paragraph  above  mentioned. 


A 

L 

B 

C 

Total  Annual  Earnings 

Weekly  Benefit 

Maximum 

in  Base  Period 

Amount 

Benefits 

$200.00  — 

$299.99 

$5 

$105 

300.00  — 

349.99 

6 

126 

350.00  — 

399.99 

7 

147 

400.00  — 

499.99 

8 

168 

500.00  — 

599.99 

9 

189 

600.00  — 

699.99 

10 

210 

700.00  — 

799.99 

11 

231 

800.00  — 

899.99 

12 

252 

900.00  — 

999.99 

13 

273 

49]                                    ( 

Chapter  30 

i 

A 

B 

C 

Total  Annual  Earnings 

Weekly  Benefit 

Maximum 

in  Base  Period 

Amount 

Benefits 

1,000.00—    1,099.99 

14 

294 

1,100.00—    1,199.99 

15 

315 

1,200.00—    1,299.99 

16 

336 

1,300.00—    1,399.99 

17 

357 

1,400.00—    1,499.99 

18 

378 

1,500.00—    1,599.99 

19 

399 

1,600.00—    1,699.99 

20 

420 

1,700.00—    and  over 

21 

441 

25 


(3)  It  being-  further  provided  that  in  the  event  the  pro- 
visions of  paragraph  (2)  of  this  subsection  become  effective, 
the  provisions  of  paragraph  (1)  of  this  subsection  shall  not 
again  become  effective  for  any  benefit  year  thereafter  unless 
the  fund  shall  equal  or  exceed  twelve  million  dollars  during-  the 
two  consecutive  months  immediately  preceding  the  beginning 
of  that  benefit  year. 

2.  Benefit  Eligibility  Conditions.  Amend  subsection  D, 
section  3  of  said  chapter  218,  as  amended  by  section  4,  chapter 
56  of  the  Laws  of  1943,  section  8,  chapter  138  of  the  Laws  of 
1945,  section  11,  chapter  59  of  the  Laws  of  1947,  and  chapter 
267  of  the  Laws  of  1947,  by  striking  out  the  whole  of  said  sub- 
section 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 
with  respect  to  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  benefit  amount  and  maximum  benefits  is  effected. 
It  is  further  provided  that  the  period  not  to  exceed  one 
week  of  partial  or  total  unemployment  or  the  period  not  to 
exceed  two  weeks  of  partial  unemployment  immediately  pre- 
ceding the  benefit  year  shall  be  deemed  (for  the  purposes  of 
this  subsection)  to  be  within  such  benefit  year  as  well  as  with- 
in the  preceding  benefit  year.     For  the  purposes  of  this  para- 


26  Chapter  31  [1949 

graph,  a  week  or  weeks  means  the  period  of  seven  or  fourteen 
calendar  days  immediately  preceding  the  first  day  of  the  benefit 
year  or  the  calendar  week  or  weeks  immediately  preceding  the 
benefit  year.  For  the  purposes  of  this  subsection,  two  weeks 
of  partial  unemployment  shall  be  deemed  equivalent  to  one 
week  of  total  unemployment.  For  the  purposes  of  this  sub- 
section, no  week  shall  be  counted  as  a  week  of  total  unemploy- 
ment for  any  individual :  (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  subsection  P  (2)  of  section  1. 

3.  Effective  Date.  This  act  shall  take  effect  as  of  April  1, 
1949,  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  February  24,  1949.] 


CHAPTER  31. 


AN  ACT  RELATING  TO  INVESTMENTS  BY  GUARDIANS  OF 
BENEFICIARIES  OF  VETERANS  ADMINISTRATION. 

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

1.  Investments  by  Guardians.  Amend  paragraph  III  of 
section  22  of  chapter  342  of  the  Revised  Laws  by  adding  at  the 
end  thereof  the  words,  provided,  however,  that  no  guardian 
of  beneficiaries  of  the  veterans  administration  shall  invest 
any  funds  of  his  ward's  estate  under  this  paragraph  without 
the  written  consent  of  the  judge  of  probate  having  jurisdiction, 
except  that  he  may  invest  without  such  prior  consent  in  direct 
unconditional  interest  bearing  obligations  of  this  state  or  of 
the  United  States  and  in  obligations  the  interest  and  principal 
of  which  are  unconditionally  guaranteed  by  the  United  States, 
so  that  said  paragraph  as  amended  shall  read  as  follows :  III. 
In  such  other  stocks  and  bonds  as  are  legal  investments  for 
savings  banks  in  this  state;  provided,  however,  that  no 
guardian  of  beneficiaries  of  the  veterans  administration  shall 
invest  any  funds  of  his  ward's  estate  under  this  paragraph 


1949]  Chapter  32  27 

without  the  written  consent  of  the  judge  of  probate  having 
jurisdiction,  except  that  he  may  invest  without  such  prior  con- 
sent in  direct  unconditional  interest  bearing  obligations  of  this 
state  or  of  the  United  States  and  in  obligations  the  interest 
and  principal  of  which  are  unconditionally  guaranteed  by  the 
United  States. 

2.  Restriction.  Amend  paragraph  V  of  section  22  of 
chapter  342  of  the  Revised  Laws  as  inserted  by  chapter  30  of 
the  Laws  of  1945  by  adding  at  the  end  thereof  the  words,  and 
provided  further  that  no  guardian  of  a  beneficiary  of  the 
veterans  administration  shall  invest  funds  of  his  ward's  estate 
under  this  paragraph,  so  that  said  paragraph  as  amended  shall 
read  as  follows :  V.  In  such  bonds  or  stocks  or  other  securi- 
ties as  a  prudent  man  would  purchase  for  his  own  investment 
having  primarily  in  view  the  preservation  of  the  principal  and 
the  amount  and  regularity  of  the  income  to  be  derived  there- 
from; provided,  however,  that  not  less  than  fifty  per  cent  of 
the  inventory  or  the  cost  value  of  the  assets  of  the  trust  shall 
be  invested  in  classes  of  property  which  qualify  under  para- 
graphs I,  II,  and  III  of  this  section,  and  provided  further  that 
no  guardian  of  a  beneficiary  of  the  veterans  administration 
shall  invest  funds  of  his  ward's  estate  under  this  paragraph. 

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

[Approved  February  25,  1949.] 


CHAPTER  32. 


AN  ACT  RELATING  TO  ROAD  TOLL  ON  USERS  OF  FUEL  OTHER  THAN 

MOTOR  FUEL. 

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

1.  City,  Town,  School  District,  Village  District.  Amend 
sub-paragraph  (b)  of  paragraph  II  of  section  19,  chapter  120 
of  the  Revised  Laws  as  inserted  by  chapter  65  of  the  Laws  of 
1943  by  inserting  after  the  word  "person"  in  the  first  line  the 
words,  except  any  city,  town,  school  district  or  village  district, 
so  that  said  sub-paragraph  as  amended  shall  read  as  follows: 


28  Chapters  33,  34  [1949 

(b)  "user"  shall  mean  any  person,  except  any  city,  town,  school 
district  or  village  district,  who  uses  or  consumes  fuel  as  defined 
in  this  section,  in  this  state  in  an  internal  combustion  engine 
for  the  generation  of  power  to  propel  motor  vehicles  on  or  over 
the  public  highways  of  this  state;  and 

2.     Takes   Efifect.      This   act    shall   take    effect    upon   its 
passage. 
[Approved  February  25,  1949.] 


CHAPTER  33. 


AN  ACT  RELATING  TO  SMOKING  ON  PUBLIC  CARRIERS  WHERE  "NO 
SMOKING"  SIGNS  ARE  DISPLAYED. 

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

1.  Smoking  on  Busses,  etc.  Amend  chapter  440  of  the  Re- 
vised Laws  by  adding  after  section  21  the  following  new  sec- 
tion: 21-a.  Smoking  on  Public  Carriers.  No  person  shall, 
after  being  requested  by  the  person  in  charge  of  a  public  con- 
veyance not  to  do  so,  smoke  in  or  upon  such  public  conveyance 
if  a  sign  is  displayed  therein  prohibiting  such  smoking.  Such 
offense  shall  be  punishable  by  a  fine  of  not  more  than  five 
dollars. 

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

[Approved  February  25,  1949.] 


CHAPTER  34. 

AN  ACT  RELATIVE  TO  MOTOR  VEHICLE  ACCIDENTS. 

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

1.  Motor  Vehicle  Accidents.  Amend  section  19  of  chapter 
118  of  the  Revised  Laws  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  19.  Conduct  After 
Accident.     Any  person   operating  a   motor  vehicle,   knowing 


1949]  Chapter  35  29 

that  injury  has  been  caused  by  him  to  a  person  or  to  property, 
shall  forthwith  bring  his  vehicle  to  a  stop,  return  to  the  scene 
of  the  accident,  give,  to  the  operator  of  any  other  motor 
vehicle  involved  in  said  accident,  and  to  the  person,  or  the 
owner  of  the  property,  injured  his  name  and  address,  the 
number  of  the  driver's  license,  the  registration  number  of  the 
motor  vehicle,  and  the  name  and  address  of  each  occupant 
thereof.  If  the  owner  of  the  property  damaged  is  not  avail- 
able at  the  place  of  the  accident  the  information  required  here- 
under shall  be  given  to  a  policeman  at  the  nearest  police 
station.  Any  person  operating  a  motor  vehicle  which  is  in  any 
manner  involved  in  an  accident  in  which  any  person  is  injured 
or  killed,  or  resulting  in  damage  to  property  in  excess  of  fifty 
dollars,  shall  forthwith  report  in  writing  to  the  commissioner 
the  facts  required  herewith  together  with  a  statement  of  the 
circumstances  of  the  accident. 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  February  25,  1949.] 


CHAPTER  35. 


AN  ACT  RELATING  TO  APPOINTMENT  AND  TERMS  OF  THE 

MEMBERS  OF  THE  COMMISSION  ON  INTERSTATE 

COOPERATION. 

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

1.  Membership  of  Commission.  Amend  section  2  of  chap- 
ter 145  of  the  Laws  of  1935  by  inserting  after  the  word 
"state"  in  the  fifth  line  the  words,  one  of  whom  shall  be  a 
member  of  the  commission  on  uniform  state  laws,  so  that  said 
section  as  amended  shall  read  as  follows:  2.  Membership. 
The  said  commission  shall  be  composed  of  fifteen  members 
appointed  as  follows:  Five  members  of  the  senate,  to  be 
appointed  by  the  president  of  the  senate,  five  members  of  the 
house  of  representatives,  to  be  appointed  by  the  speaker  of  the 
house,  and  five  officials  of  the  state,  one  of  whom  shall  be  a 
member  of  the  commission  on  uniform  state  laws,  to  be 
appointed  by  the  governor  one  of  whom  shall  be  designated  by 
him  as  chairman  of  the  commission. 


30  Chapter  36  [1949 

2.  Appointments  by  Governor.  Amend  chapter  145  of  the 
Laws  of  1935  by  striking  out  section  3  and  inserting  in  place 
thereof  the  following:  3.  Terms  of  Office.  The  state  officials 
appointed  as  members  of  said  commission  shall  serve  for  one, 
two,  three,  four  and  five  years  respectively  and  until  their 
successors  are  appointed  and  qualified  or  until  their  term  of 
office  as  a  state  official  shall  expire,  whichever  is  earlier,  and 
future  appointments  shall  be  made  for  a  five-year  term  as  the 
terms  of  the  members  expire.  In  case  of  vacancies  appoint- 
ments shall  be  made  for  the  unexpired  teiTn.  The  members  of 
the  commission  who  are  members  of  the  senate  and  house  of 
representatives  shall  serve  during  their  term  as  such  members 
of  the  senate  and  house  of  representatives  and  until  their 
successors  are  appointed. 

3.  Present  Appointees.  The  terms  of  office  of  the  persons 
who  are  serving  as  such  state  official  appointees  at  the  time 
this  act  takes  effect  shall  expire  as  of  said  date. 

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

[Approved  March  1,  1949.] 


CHAPTER  36. 


AN  ACT  RELATIVE  TO  CROSSING  STATE  LANDS  BY  PUBLIC 
UTILITIES. 

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

1.  License  to  Public  Utility.  Amend  chapter  294  of  the 
Revised  Laws  by  inserting  after  section  22  the  following  new 
section:  22-a.  Exception.  The  requirement  for  petition  to 
and  hearing  by  the  public  service  commission  as  provided  in 
section  22  shall  not  be  required  when  the  license  is  requested 
by  the  public  utility  for  the  exclusive  purpose  of  funiishing 
facirities  to  the  state,  or  any  department  or  agency  thereof. 

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

[Approved  March  1,  1949.] 


1949]  Chapters  37,  38  31 

CHAPTER  37. 

AN  ACT  RELATING  TO  REGISTRATION  OF  MOTOR  VEHCLES  BY 

AMPUTEES. 

Be  it  enacted  by  the  Senate  and  H(m&e  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicle  Registration.  Amend  paragraph  XIII  of 
section  1  of  chapter  118  of  the  Revised  Laws  as  inserted  by 
section  2,  chapter  107,  Laws  of  1947,  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following:  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,  and  no  fee  shall  be  charged  for  registering 
a  motor  vehicle  with  special  equipment  which  said  amputee 
may  acquire  to  replace  one  received  from  the  United  States 
government. 

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

[Approved  March  1,  1949.] 


CHAPTER  38. 

AN  ACT  ESTABLISHING  A  STATE  SONG. 

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

1.  State  Emblem.  Amend  chapter  13  of  the  Revised  Laws 
by  inserting  after  section  5  as  inserted  by  chapter  148,  Laws 
of  1945,  the  following  new  section:  6.  State  Song.  The 
song  "Old  New  Hampshire"  with  words  by  Dr.  John  F.  Holmes 
and  music  by  Maurice  Hoffmann  is  hereby  declared  to  be  the 
state  song  of  New  Hampshire. 

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

[Approved  March  3,  1949.] 


32  Chapters  39,  40  [1949 

CHAPTER  39. 

AN  ACT  RELATIVE  TO  CHARITABLE  TRUSTS. 

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

1.  Charitable  Trusts.  Amend  chapter  24  of  the  Revised 
Laws,  as  amended  by  chapter  181  of  the  Laws  of  1943,  by 
chapter  92  of  the  Laws  of  1945  and  by  chapter  94  of  the  Laws 
of  1947,  by  inserting  after  section  13-a  the  following  new 
section:  13-aa.  Director.  A  director  of  charitable  trusts 
who  shall  be  a  member  of  the  bar,  shall  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  for  a 
term  of  five  years  and  until  his  successor  is  appointed  and 
qualified.  Any  vacancy  shall  be  filled  for  the  unexpired  term. 
The  governor  and  council  may  remove  the  director  at  any  time 
for  proper  cause.  The  director,  under  the  supervision  of  the 
attorney-general,  shall  have  and  exercise  all  the  common  law 
and  statutory  rights,  duties  and  powers  of  the  attorney-general 
in  connection  with  the  supervision,  administration  and  enforce- 
ment of  charitable  trusts.  He  shall  file  with  the  attorney- 
general  and  the  secretary  of  state  a  biennial  report  on  Decem- 
ber first  of  the  year  preceding  each  biennial  session  of  the 
general  court.  His  compensation  shall  be  three  thousand  five 
hundred  dollars  per  annum. 

2.  Repeal.  Section  13-1  of  chapter  24  of  the  Revised  Laws, 
as  inserted  by  chapter  181,  Laws  of  1943,  relative  to  duties  of 
the  assistant  attorney-general,  is  hereby  repealed. 

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

[Approved  March  3,  1949.] 


CHAPTER  40. 

AN  ACT  RELATING  TO  FIDUCIARIES. 

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

1.  Fiduciaries.  Amend  section  18  of  chapter  363  of  the 
Revised  Laws  as  amended  by  section  4,  chapter  264,  Laws  of 
1947,  by  striking  out  said  section  and  inserting  in  place  thereof 


1949]  Chapter  41  33 

the  following:  18.  Filing  Account.  Every  trustee  shall  file 
in  the  probate  court  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,  except  that  in  cases  where  such  filing  may  be  im- 
practical and  may  work  financial  hardship  to  the  trust  estate 
the  judge  of  probate  upon  written  approval  of  the  attorney- 
general  may  extend  said  period  not  exceeding  in  the  aggregate 
five  years.  Such  annual  account  of  administration  provided 
for  herein  may  be  allowed  by  the  judge  of  probate  without 
publication  unless  he  shall  otherwise  order.  Before  giving 
notice  to  settle  a  final  account  the  trustee  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  state. 

2.    Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  March  8,  1949.] 


CHAPTER  41. 


AN  ACT  RELATIVE  TO  EMPLOYMENT  PREFERENCES  FOR  CERTAIN 
V^IDOWS  AND  V^IVES  OF  VETERANS. 

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

1.  Public  Employments.  Amend  section  4-a  of  chapter  219 
of  the  Revised  Laws  as  inserted  by  chapter  148  of  the  Laws  of 
1947  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  4-a.  Widows.  The  employment  preferences 
provided  for  veterans  under  the  provisions  of  section  4  as 
amended  by  section  4,  chapter  190,  Laws  of  1943,  are  extended 
to  include  any  unremarried  widow  whose  husband  at  the  time 
of  his  death  was  a  citizen  of  this  state  and  who  served  in  the 
armed  forces  of  the  United  States  during  any  war  in  which  the 
United  States  has  been  engaged,  and  also  to  any  wife  of  a 
totally  disabled  veteran  who  is  a  citizen  of  the  state  and 
who  served  in  the  armed  forces  of  the  United  States  during 
any  war  in  which  the  United  States  has  been  engaged. 

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

[Approved  March  3,  1949.] 


34  Chapters  42,  43  [194& 

CHAPTER  42. 

AN  ACT  RELATIVE  TO  TOWN  APPROPRIATIONS  FOR  COASTING  AND 

SKATING  PLACES. 

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

1.  Town  Appropriations.  Amend  paragi'aph  XVII  of  sec- 
tion 4  of  chapter  51,  Revised  Laws,  by  striking  out  the  words 
"  (not)  exceeding  five  hundred  dollars  yearly"  so  that  said  para- 
graph as  amended  shall  read  as  follows :  XVII.  Playgrounds. 
To  establish  and  maintain  suitable  coasting  and  skating  places 
and  to  establish,  equip  and  maintain  suitable  places  for  public 
playgrounds. 

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

[Approved  March  3,  1949.] 


CHAPTER  43. 


AN  ACT  TO  PROVIDE  FOR  A  REORGANIZATION  PLAN  FOR  THE  DE- 
PARTMENTS AND  AGENCIES  OF  THE  STATE  GOVERNMENT. 

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

1.  Declaration  of  Purposes.  The  governor  is  authorized  to 
commence  forthwith  an  examination  of  the  organization  of  all 
agencies  of  the  state  government  and  to  determine  what 
changes  are  necessary  therein  to  accomplish  the  following 
purposes : 

(a)  To  reduce  expenditures  and  promote  economy  to  the 
fullest  extent  consistent  with  the  efficient  operation  of  the  state 
government ; 

(b)  To  increase  the  efficiency  of  the  operations  of  the  state 
government  to  the  fullest  extent  practicable  within  the 
revenues  available  to  the  state ; 

(c)  To  group,  coordinate  and  consolidate  agencies  and 
functions  of  the  state  government  as  nearly  as  possible  accoi'd- 
ing  to  major  purposes; 

(d)  To  reduce  the  number  of  agencies  by  coordinating 
those    having    similar   functions    under  a  single  head  and  to 


1949]  Chapter  43  35 

abolish  such  agencies  or  functions  thereof  as  may  not  be 
necessary  for  the  efficient  conduct  and  operation  of  the  state 
government;  and 

(e)  To  eliminate  overlapping  and  duplication  of  effort. 

The  general  court  declares  that  the  public  interest  requires 
the  carrying  out  of  the  purposes  specified  in  this  section  and 
that  such  purposes  may  be  accomplished  more  speedily  and 
effectively  under  this  act  than  by  the  enactment  of  specific, 
individual  pieces  of  legislation  covering  each  agency  affected. 

2.  Powers  and  Duties  of  Governor.  Whenever  the  gover- 
nor during  his  examination  finds  that : 

(a)  The  transfer  of  the  whole  or  any  part  of  any  agency, 
or  of  the  whole  or  any  part  of  the  functions  thereof  to  the 
jurisdiction  and  control  of  any  other  agency;  or 

(b)  The  aboUtion  of  all  or  any  part  of  the  functions  of 
any  agency;  or 

(c)  The  consolidation  or  coordination  of  the  whole  or  any 
part  of  any  agency,  or  of  the  whole  or  any  part  of  the  functions 
thereof,  with  the  whole  or  any  part  of  any  other  agency  or  the 
functions  thereof;  or 

(d)  The  consolidation  or  coordination  of  any  part  of  any 
agency  or  the  functions  thereof  with  any  other  part  of  the  same 
agency  or  the  functions  thereof ;  or 

(e)  The  abolition  of  the  whole  or  any  part  of  any  agency 
which  agency  or  part  does  not  have,  or  upon  the  taking  effect 
of  the  reorganizations  specified  in  the  reorganization  plan,  will 
not  have  any  functions, — is  necessary  to  accomplish  one  or 
more  of  the  purposes  of  section  1,  he  shall  prepare  one  or  more 
reorganization  plans  (each  bearing  an  identifying  number) 
for  the  making  of  the  transfers,  consolidations,  coordinations, 
and  abolitions,  as  to  which  he  has  made  findings  and  which  he 
includes  in  the  plan  or  plans,  and  transmit  such  plan  or  plans 
to  the  general  court,  together  with  a  declaration  that  with 
respect  to  each  transfer,  consohdation,  coordination,  or  aboli- 
tion referred  to  in  this  section  and  specified  in  the  plan  or  plans, 
he  has  found  that  such  transfer,  consolidation,  coordination  or 
abolition  is  necessary  to  accomplish  one  or  more  of  the  pur- 
poses of  section  1  of  this  act.  The  delivery  to  both  houses 
shall  be  on  the  same  date,  shall  be  made  to  each  house  while 
it  is  in  session  and  may  be  transmitted  to  the  present  session 
of  the  general  court,  or  an  adjournment  thereof  or  to  a  special 


36  Chapter  43  [1949 

session.  The  governor  in  his  message  transmitting  such  re- 
organization plan  or  plans  shall  specify  with  respect  to  each 
abolition  of  an  agency  or  function  specified  in  a  plan  of  re- 
organization the  statutory  authority  for  the  existence  of  the 
agency  or  the  exercise  of  such  function.  Each  plan  shall  be  in 
the  form  of  a  statute  amending  or  repealing  existing  parts, 
chapters  and  sections  of  the  Revised  Laws,  as  amended,  and 
shall  be  divided  into  parts  designated  by  roman  numerals,  each 
part  containing  no  more  than  one  reorganization. 

3.  Additional  Contents  of  Plan.  Any  reorganization  plan 
transmitted  by  the  governor  under  this  act: 

(a)  May  change,  in  such  cases  as  he  deems  necessary,  the 
name  of  any  agency  affected  by  a  reorganization  and  the  title 
of  its  head;  and  may  designate  the  name  of  any  agency  re- 
sulting from  a  reorganization  and  the  title  of  its  head ; 

(b)  May  include  provisions  for  the  appointment,  term  of 
office,  and  compensation  of  the  head  and  assistant  heads  of 
any  agency  (including  an  agency  resulting  from  a  consoli- 
dation or  reorganization)  if  the  governor  finds,  and  in  his 
message  transmitting  the  plan  declares,  that  by  reason  of 
transfers,  consolidations  and  coordinations  made  by  such  plan, 
the  responsibilities  and  duties  of  such  head  are  of  such  nature 
AS  to  require  such  action.  The  head  so  provided  may  be  an 
individual  or  may  be  a  commission  or  board  with  two  or  more 
members ; 

(c)  May  make  provision  for  the  transfer  or  other  dis- 
position of  the  records,  property  and  personnel  affected  by  any 
transfer,  consolidation,  coordination,  or  abolition,  and  the 
winding  up  of  the  affairs  of  any  agency  abolished ; 

(d)  May  make  provision  for  the  transfer  of  such  un- 
expended balances  of  appropriations  available  for  use  in  con- 
nection with  any  function  or  agency  transferred,  consolidated 
or  coordinated,  as  he  deems  necessary  by  reason  of  the  trans- 
fer, consolidation  or  coordination  for  use  in  connection  with 
the  transferred,  consolidated  or  coordinated  functions,  or  for 
the  use  of  the  agency  to  which  the  transfer  is  made,  but  such 
unexpended  balances  so  transferred  shall  be  used  only  for  the 
purposes  for  which  such  appropriation  was  originally  made. 

4.  Effective  Date.  The  reorganizations  specified  in  each 
plan  shall  take  effect  and  become  law  in  accordance  with  such 
plan  upon  the  expiration  of  the  first  period  of  twenty-five 


1949]  Chapter  43  37 

legislative  days  following  the  date  on  which  such  plan  is  trans- 
mitted to  the  general  court;  but  only  if,  between  the  date  of 
transmittal  and  the  expiration  of  such  twenty-five  day  period, 
there  has  not  been  passed  by  the  two  houses  a  concurrent 
resolution  stating  in  substance  that  the  general  court  does  not 
favor  the  reorganization  plan.  The  general  court  may  also 
during  such  period  pass  a  concurrent  resolution  stating  in  sub- 
stance that  the  general  court  does  not  favor  one  or  more  parts 
of  such  plan  (identified  by  roman  numerals)  in  which  case  such 
plan  shall  take  effect  and  become  law  in  accordance  with  such 
plan,  with  the  exception  of  the  parts  specified  in  said  con- 
current resolution.  If  the  general  court  shall  vote  to  adjourn 
or  be  prorogued  sine  die  after  the  transmittal  of  a  plan  or  plans 
to  it  but  prior  to  the  expiration  of  such  twenty-five  day  period, 
such  plan  or  plans  shall  take  effect  and  become  law  in  accord- 
ance with  such  plan  or  plans  upon  such  adjournment  or  proro- 
gation, with  the  exception  of  such  plan,  plans  or  parts  of  a  plan 
as  to  which  concurrent  resolutions  have  been  passed  hereunder 
by  the  general  court  prior  to  such  adjournment  or  prorogation. 
Any  plan  or  part  or  provision  thereof  may,  by  its  terms,  be 
made  operative  at  a  time  later  than  the  date  on  which  the  plan, 
part,  or  provision  shall  otherwise  take  effect. 

5.  Amended  Plans.  If  a  plan  or  part  thereof  shall  be  dis- 
approved by  concurrent  resolution,  the  governor  may  trans- 
mit to  the  general  court  an  amended  plan  or  part  thereof,  which 
upon  its  transmission  shall  be  subject  to  the  provisions  of  this 
act  the  same  as  an  original  plan. 

6.  Ddinition  of  Agency.  As  used  in  this  act,  the  term 
"agency"  means  any  executive  department,  commission,  in- 
dependent establishment,  public  corporation  which  is  an  in- 
strumentality of  the  state,  board,  bureau,  division,  institution, 
service,  office,  oflficer,  authority,  administration  or  other  estab- 
lishment, in  the  executive  branch  of  the  government.  Such 
term  does  not  include  officers  elected  by  the  general  court; 
provided  however,  that  the  functions  and  duties  of  such  officers 
may  be  increased  by  a  reorganization  plan. 

7.  Effect  on  Pending  Matters.  Any  statute  enacted  and 
any  regulation  or  other  action  made,  prescribed,  issued, 
granted  or  performed,  in  respect  of  or  by  any  agency  or 
function  transferred  to  or  consolidated  or  coordinated  with  any 
other  agency  or  function  under  this  act,  before  the  effective 


38  Chapter  43  [1949 

date  of  such  transfer,  consolidation  or  coordination,  shall, 
except  to  the  extent  rescinded,  modified  or  superseded  or  made 
inapplicable  by  or  under  authority  of  law,  have  the  same  effect 
as  if  such  transfer,  consolidation  or  coordination  had  not  been 
made;  but  where  any  such  statute,  regulation  or  other  action 
has  vested  functions  in  the  agency  from  which  the  transfer  is 
made  under  a  plan,  such  functions  shall,  insofar  as  they  are  to 
be  exercised  after  the  transfer,  be  considered  as  vested  in  the 
agency  to  which  the  transfer  is  made  under  the  plan.  No  suit, 
action  or  other  proceeding  lawfully  commenced  and  pending  at 
the  effective  date  of  a  reorganization  plan  shall  abate  by  reason 
of  the  provisions  thereof,  but  the  court  may,  on  motion  or 
supplemental  petition,  filed  at  any  time  within  twelve  months 
thereafter,  allow  the  same  to  be  maintained  by  or  against  the 
proper  successor  to  any  former  agency,  or  if  there  be  no  such 
agency,  by  or  against  such  successor  as  the  governor  may 
designate.  The  appropriations  or  portions  of  appropriations 
which  are  not  transferred  under  a  reorganization  plan  and  are 
unexpended  by  reason  thereof,  shall  not  be  used  for  any  pur- 
pose but  shall  be  impounded  and  returned  to  the  treasury. 

8.  Publication.  All  reorganization  plans  or  portions  there- 
of which  take  effect  shall  be  printed  in  the  session  laws  as 
public  acts. 

9.  Reorganization  Commission.  The  governor  with  the 
advice  and  consent  of  the  council  shall  forthwith  appoint  a  re- 
organization commission  to  cooperate  with  and  advise  the  gov- 
ernor in  the  preparation  of  reorganization  plans  under  this 
act.  The  commission  shall  consist  of  seven  qualified  persons, 
not  less  than  three  of  whom  shall  be  members  of  the  general 
court  and  one  of  whom  shall  be  designated  as  chairman  by 
the  governor.  The  members  of  the  commission  shall  serve 
without  compensation  but  shall  be  allowed  their  necessary  ex- 
penses while  engaged  in  official  business.  The  commission  may 
employ  such  technical  and  other  assistants  as  may  be  neces- 
sary and  fix  their  compensation.  The  sum  of  seven  thousand 
five  hundred  dollars,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  for  carrying  out  the  purposes  of  this 
act,  and  the  governor  is  authorized  to  draw  his  warrant  for 
said  sum  out  of  any  money  in  the  treasury  not  othei*wise  appro- 
priated. 


1949]  Chapter  43  39 

10.  Legislative  Procedure.  As  an  exercise  of  the  rule- 
making power  of  the  senate  and  house  of  representatives,  re- 
spectively, applicable  only  to  the  procedure  to  be  followed  by 
each  house  under  this  act  and  superseding  other  rules  to  the 
extent  inconsistent  herewith,  and  subject  to  the  constitutional 
right  of  each  house  to  change  its  rules,  the  following  rules  are 
adopted  as  part  of  the  rules  of  each  house,  respectively : 

(a)  Concurrent  resolution  as  used  herein  means  only  a 
concurrent  resolution  of  the  two  houses  of  the  general  court, 
the  matter  after  the  resolving  clause  of  which  is  as  follows : 
"That  the  general  court  does  not  favor  the  reorganization 

plan  numbered transmitted  to  the  general  court  by 

the  governor  on 19 " ;  or  "That  the  gen- 
eral court  does  not  favor  part  (or  parts)  of 

the  reorganization  plan  numbered transmitted  to 

the  general  court  by  the  governor  on 19 " 

A  single  concurrent  resolution  shall  not  refer  to  more  than  one 
reorganization  plan  but  may  refer  to  more  than  one  part 
thereof. 

(b)  Such  resolutions  shall  be  referred  to  the  appropriate 
committee  in  the  house  in  which  introduced,  and  joint  public 
hearings  shall  be  held  by  such  committee  together  with  the 
appropriate  committee  from  the  other  house  designated  by  its 
presiding  officer.  Such  resolutions  shall  be  given  priority  over 
all  legislation. 

(c)  In  all  other  respects,  the  rules  of  each  house  shall  be 
applicable. 

11.  Limit  of  Authority.  All  authority  vested  in  the  gover- 
nor and  reorganization  commission  under  this  act  shall  expire 
July  30,  1950 ;  but  such  expiration  shall  not  affect  the  vahdity 
of  reorganization  plans  which  have  become  effective  prior  to 
such  date. 

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

[Approved  March  4,  1949.] 


40  Chapters  44,  45  [1949 

CHAPTER  44. 

AN  ACT  RELATIVE  TO  AUTHORITY  OF  THE  STATE  TREASURER-  TO 
ISSUE  SHORT  TERM  NOTES  FOR  THE  NEW  TOLL  ROAD. 

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

1.  Toll  Road.  Amend  chapter  295  of  the  Laws  of  1947  by- 
inserting  after  section  5  the  following-  new  section:  5-a. 
Short  Tei-m  Notes.  Prior  to  the  issuance  of  the  bonds  here- 
under the  treasurer,  with  the  approval  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  hereunder.  Provided,  however,  that  at 
no  one  time  shall  the  indebtedness  of  the  state  on  such  short 
term  loans  exceed  the  sum  of  seven  million  five  hundred  thou- 
sand dollars. 

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

[Approved  March  5,  1949.] 


CHAPTER  45. 

AN  ACT  RELATING  TO  TELEVISION  SETS  IN  MOTOR  VEHICLES. 

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  6  the  following  new  section: 
6-a,  Television.  No  person  shall  drive  any  motor  vehicle 
equipped  with  any  television  viewer,  screen  or  other  means  of 
visually  receiving  a  television  broadcast  which  is  located  in  the 
motor  vehicle  at  any  point  forward  of  the  back  of  the  driver's 
seat,  or  which  is  visible  to  the  driver  while  operating  the  motor 
vehicle. 

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

[Approved  March  9,  1949.] 


1949]  Chapters  46,  47  41 

CHAPTER  46. 

AN  ACT  RELATIVE  TO  SPOT  LAMPS  FOR   MOTOR  VEHICLES. 

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

1.  Motor  Vehicle  Equipment.  Amend  section  8-a  of  chap- 
ter 119  of  the  Revised  Laws  as  inserted  by  section  1,  chapter 
82,  Laws  of  1947  by  striking  out  the  word  "one"  in  the  second 
line  and  inserting  in  place  thereof  the  word,  two,  so  that  said 
section  as  amended  shall  read  as  follovv^s:  8-a.  Spot  Lamps 
and  Auxiliary  Lamps. 

L  Any  motor  vehicle  may  be  equipped  with  not  to  exceed 
two  spot  lamps  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. 

II.  Any  motor  vehicle  may  be  equipped  with  not  to  exceed 
three  auxiliary  driving  lamps  mounted  on  the  front  at  a  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,  accompanied  by 
a  fee  of  fifty  dollars,  may  be  made  to  the  commissioner  by  any 
manufacturer  thereof  or  dealer  therein. 

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

[Approved  March  9,  1949.] 


CHAPTER  47. 

AN  ACT  RELATING  TO  THE  DIRECTORS  OF  INSURANCE  COMPANIES. 

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

1.  Directors  of  Insurance  Companies.  Amend  the  Revised 
Laws  by  inserting  after  section  16  of  chapter  333-A  thereof,  as 
inserted  by  Laws  of  1947,  chapter  189,  the  following  new  sec- 


42  Chapi^er  18  [1949 

tion :  16-a.  Prohibitions.  Any  domestic  insurance  company 
may  have  as  a  director  a  person  who  is  also  a  director  of  an- 
other insurance  company,  which  may  be  a  foreign  or  domestic 
company,  provided,  however,  that  if  the  effect  thereof  is  to 
substantially  lessen  competition  generally  in  the  insurance 
business  or  tends  to  create  a  monopoly  therein,  it  shall  be 
deemed  a  violation  of  this  chapter.  In  the  administration  and 
enforcement  of  this  section  the  commissioner  shall  have  the 
powers  and  duties  conferred  and  imposed  upon  him  by  other 
applicable  sections  of  this  chapter  with  respect  to  violations 
of  it. 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  10,  1949.] 


CHAPTER  48. 


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

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

1.  Domestic  Life  Insurance  Companies.  Amend  chapter 
328  of  the  Revised  Laws  by  adding  after  section  18  the  follow- 
ing new  section:  18-a,  Other  Investments.  Such  com- 
panies may  loan  or  invest  their  funds  to  an  amount  not  ex- 
ceeding in  the  aggreg-ate  five  per  cent  of  their  total  admitted 
assets  in  loans  or  investments  not  qualifying  or  not  permitted 
under  sections  15  and  16  above,  subject,  however,  to  the 
approval  of  the  insurance  commissioner. 

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

[Approved  March  10,  1949.] 


1949]  Chapters  49,  50  43 

CHAPTER  49. 

AN  ACT  RELATING  TO  INCOMPATIBILITY  OF  TOWN  OFFICES. 

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

1.  Town  Offices.  Amend  section  43,  chapter  59,  Re- 
vised Laws,  by  striking  out  the  same  and  inserting"  in  place 
thereof  the  following :  43.  Incompatibility.  No  person  shall 
at  the  same  time  hold  any  two  of  the  following  offices:  select- 
man, treasurer,  collector  of  taxes,  auditor  and  highway  agent ; 
no  person  shall  at  the  same  time  hold  any  two  of  the  following 
offices:  town  treasurer,  selectman  and  head  of  any  police  de- 
partment on  full  time  duty ;  and  no  official  handling  funds  of  a 
town  shall  at  the  same  time  hold  the  office  of  auditor. 

2.  Takes  Effect.  This  act  shall  take  effect  on  the  second 
Tuesday  of  March,  1950. 

[Approved  March  10,  1949.] 


CHAPTER  50. 

AN  ACT  RELATING  TO  CEMETERY  RECORDS. 

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

1.  Records,  Fee.  Amend  chapter  68  of  the  Revised  I^aws 
by  inserting  after  section  3  the  following  new  section:  3-a. 
Cemetery  Records.  The  selectmen,  person,  association  com- 
missioners, or  other  body  charged  with  the  responsibility  of 
operation  and  administration  of  any  cemetery,  shall  keep  a 
record  of  every  burial  in  any  cemetery  under  their  control, 
showing  the  date  of  burial  and  name  of  the  person  buried, 
when  these  particulars  can  be  obtained,  and  the  lot,  plot,  or 
part  thereof,  in  which  the  burial  was  made.  A  copy  of  such 
record,  duly  certified,  shall  be  furnished  to  any  person  on  de- 
mand and  payment  of  a  fee  of  fifty  cents.  The  fee  shall  be 
for  the  use  of  the  person  issuing  the  certificate. 

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

[Approved  March  10,  1949.] 


44  Chapters  51,  52  [1949 

CHAPTER  51. 

AN  ACT  RELATIVE  TO  LEGAL  INVESTMENTS  OF  SAVINGS  BANKS. 

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

1.  Legal  Investments.  Amend  section  3  of  chapter  310  of 
the  Revised  Laws  by  inserting  after  paragraph  II  as  amended 
by  chapter  84,  Laws  of  1945,  the  following  new  paragraph: 
Il-a.  Loans  Insured  by  the  United  States  Grovernment 
Through  the  Secretary  of  Agriculture.  Those  secured  by 
mortgage  on  farm  real  estate  within  the  state  without  respect 
to  the  value  of  such  real  estate  if  the  secretary  of  agriculture 
has  insured,  or  made  commitment  to  insure,  such  notes  or 
bonds,  provided  the  laws  of  the  United  States  entitle  the 
mortgagee  to  receive  payment  of  such  insurance  in  cash.  The 
authority  to  invest  in  loans  described  in  paragraphs  I,  I-a,  II 
and  this  paragraph  shall  be  so  exercised  that  the  total  amount 
invested  in  such  loans  shall  not  exceed  sevent^^-five  per  cent  of 
the  deposits. 

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

[Approved  March  10,  1949.] 


CHAPTER  52. 

AN  ACT  RELATIVE  TO  POLICE  POWERS  OF  CONSERVATION  OFFICERS. 

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

1.  Powers  of  Conservation  Officers.  Amend  paragraph  VI 
of  section  25,  chapter  240  of  the  Revised  Laws,  as  amended  by 
chapter  165,  Laws  of  1947,  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following:  VI.  To  stop  and  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- 


1949]  Chapter  53  45 

bearing  animals,  when  he  has  reasonable  cause  to  believe  that 
any  fish,  game,  or  fur-bearing  animals,  or  any  illegal  apparatus 
subject  to  forfeiture,  are  concealed  thereon  or  therein; 

2.  Penalty.  Amend  chapter  241  of  the  Revised  Laws  by 
adding  at  the  end  thereof  the  following  new  section:  46. 
Disobeying  Officer.  Any  person  who  shall  refuse  or  neglect 
to  stop  when  signalled  to  stop  by  any  conservation  officer  who 
is  in  uniform  or  who  refuses  on  demand  of  such  officer  to  pro- 
duce his  fish  and  game  license  or  to  permit  such  officer  to  take 
the  license  or  certificate  in  hand  for  the  purpose  of  exami- 
nation shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars,  or  imprisoned  for  not  more  than  six 
months,  or  both. 

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

[Approved  March  11,  1949.] 


CHAPTER  53. 


AN  ACT  RELATIVE  TO  ZONING  REGULATIONS  FOR  CERTAIN 
PRIVATELY-OWNED  AIRPORTS. 

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

1.  Declaration  of  Purpose.  It  is  hereby  found  and  de- 
clared that  use  by  the  public  of  certain  privately-owned  air- 
ports is  necessary  for  the  proper  operation  of  the  airport 
system  in  the  state  and  therefore  that  airport  hazards  should 
be  regulated. 

2.  Airport  Zoning.  Amend  chapter  51  of  the  Revised  Laws 
by  adding  after  section  80  the  following  new  section :  80-a. 
Privately-owned  Airports.  The  director  is  hereby  empowered 
and  directed  to  formulate  and  adopt,  and  from  time  to  time  as 
may  be  necessary  revise,  an  airport  approach  plan  for  such 
airports  as  are  privately  owned  but  which  have  been  licensed 
for  commercial  operation,  have  facilities  available  for  public 
use  and  are  necessary  in  the  opinion  of  the  director  for  the 
maintenance  of  an  effective  airway  system  in  the  state.  Every 
privately-owned  airport  so  designated  by  the  director  is  hereby 
declared  to  be  eligible  for  zoning  protection  and  for  the  pur- 


46  Chapter  54  [1949 

poses  hereof  shall  be  deemed  to  be  a  publicly-owned  airport  for 
the  purposes  of  airport  zoning-,  as  provided  in  sections  78  to 
87,  inclusive. 

3.     Takes   Effect.       This    act   shall    take    effect   upon   its 
passage. 
[Approved  March  11,  1949.] 


CHAPTER  54. 


AN  ACT  PROVIDING  FOR  THE  APPOINTMENT  OF  TEMPORARY 

GUARDIANS. 

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

1.  Mentally  Incompetent  Person.  Amend  chapter  343  of 
the  Revised  Laws  by  inserting  after  section  3  the  following 
new  section:  3-a.  Temporary  Guardian.  If  the  court  finds 
that  the  welfare  of  a  mentally  incompetent  person  requires  the 
immediate  appointment  of  a  guardian  of  his  person  or  of  his 
estate,  or  of  both,  it  may,  with  or  without  notice,  appoint  a 
temporary  guardian  for  the  incompetent  for  a  specified  period 
not  to  exceed  sixty  days,  and  remove  or  discharge  him  or 
terminate  the  trust.  The  appointment  may  be  to  perform 
duties  respecting  specific  property  or  to  perform  particular 
acts,  as  stated  in  the  order  of  appointment.  The  temporary 
guardian  shall  make  such  report  as  the  court  shall  direct,  and 
shall  account  to  the  court  upon  termination  of  his  authority. 
In  other  respects  the  provisions  of  this  chapter  concerning 
guardians  shall  apply  to  temporary  quardians  and  an  appeal 
may  be  taken  from  the  order  of  appointment  of  a  temporary 
guardian. 

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

[Approved  March  11,  1949.] 


1949]  Chapter  55  47 

CHAPTER  55. 

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  improvement  of 
existing  school  facilities,  to  an  amount  not  exceeding  five  per 
cent  of  the  latest  assessed  valuation  subject  to  taxation  of  the 
taxable  property  in  such  district.  Existing  indebtedness  of 
such  districts  shall  be  included  in  determining  net  borrowing 
capacity  hereunder. 

2.  Bond  Issues;  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  subject  to  taxation  but  not  in  excess  of  eight 
per  cent  thereof,  in  accordance  with  the  conditions  set  forth  in 
sections  4,  5,  6  and  7  of  this  act.  A  certified  copy  of  the 
record  of  the  action  of  the  school  district  shall  be  presented 
forthwith  to  the  commissioner  of  education. 

3.  Municipal  Bonds  Statute.  The  issuance  of  serial  notes 
or  bonds  by  school  districts  under  this  act  shall  be  governed 
by  the  provisions  of  chapter  72  of  the  Revised  Laws  as 
amended  except  for  the  debt  limitations  upon  school  districts 
imposed  by  sections  7  and  8  thereof.  The  debt  of  a  school  dis- 
trict created  under  the  provisions  of  this  act  or  under  the  pro- 
visions of  chapter  156  of  the  Laws  of  1947  shall  be  excluded  in 
computing  the  debt  limit  of  counties,  towns,  cities  and  village 
districts  under  the  provisions  of  section  7  thereof. 

4.  Board  Designated.  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  committee  on  municipal  and 
county  government  of  the  house  of  representatives,  and  one 
other  person  having  knowledge  of  educational  and  financial 


48  Chapter  55  [1949 

matters  to  be  appointed  by  the  governor.  In  the  event  that 
either  the  chairman  of  the  judiciary  committee  of  the  senate 
or  tiie  chairman  of  the  committee  on  municipal  and  county 
government  of  the  house  of  representatives  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  committee  and  committee 
on  municipal  and  county  government  as  a  member  of  said 
board.  The  member  of  said  board  representing  the  tax  com- 
mission shall  serve  as  chairman  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  reason- 
able expenses,  and  said  compensation,  together  with  other  ex- 
penses 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  provided 
under  section  2,  the  commissioner  of  education  shall  notify  the 
chairman  of  said  board  of  the  receipt  thereof  and  said  chair- 
man shall  fix  a  time  and  place  when  all  interested  parties  may 
be  heard,  giving  notice  thereof  by  registered  mail  to  the  chair- 
man of  the  school  board  and  the  clerk  of  the  school  district 
presenting  the  proposal  at  least  fourteen  days  prior  to  the  date 
of  the  hearing  and  causing  said  notice  to  be  published  once 
prior  to  the  date  of  the  hearing  in  some  newspaper  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  pro- 
posal 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  be- 
come null  and  void.  The  findings  of  said  board  shall  be  by 
majority  vote  of  all  members. 


1949]  Chapter  56  49 

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  re- 
garded 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  appli- 
cation, notice,  hearing,  approval  and  certification,  as  set  forth 
in  sections  2,  4,  5,  6  and  7  of  this  act,  the  terms  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,  1951. 

10.  Takes  Effect;  Expiration.  This  act  shall  take  effect 
upon  its  passage,  provided  that  no  action  shall  be  taken  here- 
under by  any  school  district  after  January  1,  1951.  The  fore- 
going limitation  of  this  act  shall  not  affect  the  validity  of  any 
bonds  or  notes  issued  by  authority  thereof. 

[Approved  March  11,  1949.] 


CHAPTER  56. 


\N  ACT  RELATIVE  TO  FORM  OF  DECLARATIONS  OF  CANDIDACY  FOR 

DELEGATES  TO  THE  NATIONAL  PRESIDENTIAL 

CONVENTIONS. 

V 

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

1.  Presidential  Primary  Ballots.  Amend  section  6,  chap- 
ter 38,  Revised  Laws,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:     6.     Form.     Declarations  of 

candidacy  shall  be  in  form  as  follows:     'T 

declare  that  I  reside  in  ward in  the  city  (or  town) 

of ,  county  of 

and  state  of  New  Hampshire,  and  am  a  quahfied  voter  therein ; 

that  I  am  a  member  of  the party ;  that  I  am 

a  candidate  for  election  as  delegate  (or  as  alternate  delegate  or 


50  Chapter  56  [1949 

delegate  at  large  or  alternate  delegate  at  large)  to  the  national 

convention  of  the  party  next  to  be 

held  for  the  nomination  of  candidates  of  said  party  for  presi- 
dent and  vice  president  of  the  United  States.  I  request  that 
my  name  be  printed  as  such  candidate  on  the  official  ballot  of 

the party  to  be  used  at  the  primary  to 

be  held  on  the  second  Tuesday  of  March  next.  I  further  de- 
clare that  if  elected  as  such  delegate  (or  alternate  delegate  or 
delegate  at  large  or  alternate  delegate  at  large)  I  will  attend 
such  convention  unless  I  shall  be  prevented  by  sickness  or 
other  occurrence  over  which  I  have  no  control." 

If  the  person  desires  to  do  so  he  may  add  to  such  declaration 
either  of  the  following  two  statements:  (1)  "I  am  favorable 
to  (insert  the  name  of  any  person)  as  the  candidate  for  said 
party  for  president,  and  I  request  that  after  my  name  upon  the 
ballot  shall  be  printed  the  words  I  am  favorable  to  the  nomi- 
nation (naming  the  same  person)  for  president."  (2)  "I 
pledge  myself,  if  elected  as  such  delegate  (or  alternate  delegate 
or  delegate  at  large  or  alternate  delegate  at  large) ,  to  vote  in 
said  convention,  whenever  I  shall  vote,  for  the  nomination  of 
(inserting  the  name  of  any  person)  as  the  candidate  for  said 
party  for  president  so  long  as  he  shall  be  a  candidate  before 
said  convention,  and  I  request  that  after  my  name  upon  the 
ballot  shall  be  printed  the  words  pledged  to  vote  for  the  nomi- 
nation of  (naming  the  same  person)  for  president."  The 
words  chosen  by  the  candidate  shall  be  printed  upon  the 
primary  ballot  following  the  name  as  requested.  In  the  case 
of  the  second  option,  the  pledge  shall  be  printed  upon  the 
primary  ballot  as  requested  if  such  candidate  for  president  files 
his  written  consent  thereto  with  the  secretary  of  state  before 
the  time  for  the  filing  of  declarations  expires,  but  not  other- 
wise. 

2.     Takes    Eflfect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  11,  1949.] 


1949]  Chapters  57,  58  51 

CHAPTER  57. 

AN  ACT  RELATIVE  TO  LABOR  CONTRACTS. 

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

1.  Labor  Contracts.  Amend  section  21  of  chapter  212  of 
the  Revised  Laws,  as  amended  by  section  1,  chapter  195  of  the 
Laws  of  1947,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  21.  Union  Membership.  No 
person  shall  coerce  or  compel,  or  attempt  to  coerce  or  compel, 
any  person  into  an  agreement,  either  written  or  verbal,  not  to 
join  or  become  a  member  of  any  labor  organization,  as  a  con- 
dition of  securing  or  continuing  in  any  employment. 

2.  Repeal.  Sections  21-a,  21-b,  21-c,  21-d  of  chapter  212  of 
the  Revised  Laws  as  inserted  by  chapter  195  of  the  Laws  of 
1947  relative  to  freedom  in  employment  are  hereby  repealed. 

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

[Approved  March  11,  1949.] 


CHAPTER  58. 

AN  ACT  RELATING  TO  LIENS  FOR  STORAGE  OF  AIRCRAFT. 

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

1.  Liens  on  Aircraft.  Amend  section  38,  chapter  264  of  the 
Revised  Laws  by  inserting  after  the  word  "garage"  in  the  first 
line  the  words,  or  hangar ;  further  amend  by  inserting  after  the 
word  "vehicles"  in  the  second  line  the  words,  or  aircraft,  and 
by  inserting  after  the  word  "vehicle"  in  the  fourth  line  the 
words,  or  aircraft,  so  that  said  section  as  amended  shall  read 
as  follows :  38.  For  Storage.  Any  person  who  maintains  a 
public  garage  or  hangar  for  the  storage  and  care  of  motor 
vehicles  or  aircraft  brought  to  his  premises  or  placed  in  his 
care  by  or  with  the  consent  of  the  legal  or  equitable  owner, 
shall  have  a  hen  upon  such  motor  vehicle  or  aircraft  so  long  as 
the  same  shall  remain  in  his  possession,  for  proper  charges  due 
him  for  the  storage  and  care  of  the  same. 


52  Chapter  59  [1949 

2.  Repairs.  Amend  section  39  of  chapter  264  of  the  Re- 
vised Laws  by  inserting  after  the  word  "vehicle"  in  the  third 
line  the  words,  or  aircraft;  further  amend  by  inserting  after 
the  word  "vehicle"  in  the  fourth  line  the  words,  or  aircraft,  so 
that  said  section  as  amended  shall  read  as  follows:  39.  For 
Labor.  Any  person  who  shall,  by  himself  or  others,  perform 
labor,  furnish  materials,  or  expend  money,  in  repairing,  re- 
fitting or  equipping  any  motor  vehicle  or  aircraft,  under  a  con- 
tract expressed  or  implied  with  the  legal  or  equitable  owner, 
shall  have  a  lien  upon  such  motor  vehicle  or  aircraft,  so  long  as 
the  same  shall  remain  in  his  possession,  until  the  charges  for 
such  repairs,  materials,  or  accessories,  or  money  so  used  or 
expended  have  been  paid. 

3.  Charges.  Amend  section  40,  chapter  264  of  the  Revised 
Laws  by  inserting  after  the  word  "vehicle"  in  the  third  line  the 
words,  or  aircraft,  so  that  said  section  as  amended  shall  read 
as  follows:  40.  Notice  and  Sale.  If  any  of  the  charges  re- 
ferred to  in  this  subdivision  shall  remain  unpaid  for  sixty  days, 
the  lien  holder  may  sell  such  motor  vehicle  or  aircraft  at  public 
sale,  and  the  proceeds,  after  first  paying  the  expense  of  sale, 
shall  be  applied  in  payment  of  the  charges,  the  balance,  if  any, 
to  be  paid  to  the  debtor.  Notice  of  such  sale  shall  be  given 
and  record  made  as  provided  in  sections  7,  8  and  10. 

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

[Approved  March  11,  1949.] 


CHAPTER  59. 


AN  ACT  RELATIVE  TO  TOWN  APPROPRIATIONS  FOR  POISON  IVY 

ERADICATION. 

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

1.  Town  Appropriations.  Amend  chapter  51  of  the  Re- 
vised Laws  by  adding  after  Paragraph  XXV  of  section  4  the 
following  new  paragraph:  XXV-a.  Poison  Ivy.  To  eradicate 
poison  ivy  or  other  poisonous  vines. 

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

[Approved  March  11,  1949.] 


1949]  Chapter  60  53 

CHAPTER  60. 

AN  ACT  RELATIVE  TO  STATE  FISH  AND  GAME  REFUGES. 

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

1.  State  Fish  and  Game  Refuges.  Amend  section  11  of 
chapter  246  of  the  Revised  Laws  by  inserting  after  the  word 
"time"  in  the  sixth  hne  the  words,  except  as  provided  in  section 
12-c,  so  that  said  section  as  amended  shall  read  as  follows: 
11.  Establishment.  The  director,  in  conjunction  with  the 
commissioner  of  agriculture,  may  establish  and  maintain  state 
fish  and  game  refuges  for  the  protection  and  propagation  of 
fish,  game,  and  fur-bearing  animals,  on  all  or  any  portion  of  the 
state  fish  and  game  lands,  wherein  fish,  game,  and  fur-bearing 
animals  shall  not  be  hunted,  pursued,  taken,  disturbed,  or 
molested  at  any  time  except  as  provided  in  section  12-c.  They 
may  also,  with  and  by  the  consent  of  the  proper  authorities, 
establish  and  maintain  such  refuges  on  state  forests,  national 
forests,  or  otherwise  publicly  owned  lands  or  waters  within  the 
state.  They  may  also  establish  and  maintain  such  refuges  on 
privately  owned  lands  with  the  consent  of  the  owner  and 
abuttors,  for  such  purposes.  No  such  refuge  shall  exceed  in 
area  one  half  of  the  total  area  of  the  state  or  national  forest 
on  which  it  is  located,  nor  shall  it  exceed  twenty-five  hundred 
acres  in  area,  if  not  located  on  a  state  or  national  forest.  No 
such  refuge  exceeding  five  hundred  acres  in  area  shall  be 
established  within  ten  miles  of  another  such  refuge. 

2.  Special  Provisions.  Amend  chapter  246  of  the  Revised 
Laws  by  inserting  after  section  12-b,  as  inserted  by  section  2, 
chapter  152,  Laws  of  1947,  the  following  new  section:  12-c. 
Permission  Granted.  Any  game  refuge  may  be  open  to  the 
taking  of  any  particular  species  of  game,  game  bird  or  fur- 
bearing  animal  at  any  time  and  by  any  means  under  such 
regulations  as  may  be  prescribed  by  the  director. 

3.  Special  Regulations.  Amend  section  14  of  chapter  246 
of  the  Revised  Laws  by  adding  after  the  word  "refuge"  in  the 
first  line  the  words,  except  as  may  be  permitted  under  section 
12-c,  so  that  said  section  as  amended  shall  read  as  follows: 
14.  Penalty.  Any  person  found  upon  a  state  game  refuge, 
except  as  may  be  permitted  under  section  12-c,  or  upon  any 
land  under  the  control  of  the  director,  which  has  been  estab- 
lished by  him  as  an  area  for  the  propagation  of  game,  having 


54  Chapter  61  [1949 

in  his  possession  a  loaded  firearm,  shall  be  fined  not  more  than 
one  hundred  dollars  or  imprisoned  not  more  than  thirty  days 
or  both. 

4.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  11,  1949.] 


CHAPTER  61. 

AN  ACT  RELATING  TO   INTEREST  ON   DELINQUENT  TAXES. 

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

1.  Taxes.  Amend  section  11,  chapter  77  of  the  Revised 
Laws  as  amended  by  section  1,  chapter  55  of  the  Laws  of  1943 
by  striking  out  the  word  "eight"  in  the  second  line  and  insert- 
ing in  place  thereof  the  word,  six,  so  that  said  section  as 
amended  shall  read  as  follows :  11.  Interest.  Interest  at  six 
per  cent  shall  be  charged  upon  all  taxes  not  paid  on  or  before 
December  first,  after  their  assessment,  from  that  date,  which 
shall  be  collected  with  the  taxes  as  incident  thereto. 

2.  Proceedings.  Amend  section  27  of  chapter  80  of  the 
Revised  Laws  as  amended  by  section  2,  chapter  55  of  the  Laws 
of  1943,  by  striking  out  the  word  "ten"  in  the  sixth  line  and 
inserting  in  place  thereof  the  word,  eight,  so  that  said  section 
as  amended  shall  read  as  follows:  27.  Redemption.  Any 
person  interested  in  land  so  sold  may  redeem  the  same  by  pay- 
ing or  tendering  to  the  collector,  or  in  his  absence,  at  his  usual 
place  of  abode,  at  any  time  before  a  deed  thereof  is  given  by 
the  collector,  the  amount  for  which  the  land  was  sold,  to- 
gether with  costs  for  notifying  mortgagees,  if  any,  and  with 
eight  per  cent  interest  upon  the  whole  amount  from  the  time 
of  sale  to  the  time  of  payment  or  tender,  together  with  re- 
demption costs  incun-ed.  In  case  the  tax  collector  who  sold 
the  property  in  question  shall  have  died,  become  incapacitated, 
been  removed  from  office  or  removed  from  the  town  or  city  or 
shall  have  been  discharged  from  his  bond  by  the  selectmen  or 
assessors,  then  the  person  interested  in  redeeming  the  prop- 
erty may  tender  the  aforesaid  sums  to  the  tax  collector  then  in 
office  of  said  city  or  town;  and  upon  advice  from  the  select- 


1949]  Chapter  61  55 

men  or  assessors  that  the  amount  tendered  is  the  correct 
amount  due,  the  said  tax  collector  shall  accept  said  amount 
for  the  redemption  of  said  property. 

3.  Rate  of  Interest.  Amend  section  30  of  chapter  80  of  the 
Revised  Laws  as  amended  by  section  3,  chapter  55  of  the  Laws 
of  1943  and  section  2,  chapter  187  of  the  Laws  of  1947,  by 
striking-  out  the  word  "ten"  in  the  fifteenth  line  and  inserting 
in  place  thereof  the  word,  eight,  so  that  said  section  as 
amended  shall  read  as  follows:  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 
mortgagees,  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  sub- 
sequent taxes,  together  with  interest  thereon  at  the  rate  of 
eight  per  cent  per  year  from  date  of  such  payment  shall,  in 
addition  to  the  purchase  price  at  time  of  sale,  with  accrued  in- 
terest 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  twnty-five 
cents  and  the  register  of  deeds  shall  be  paid  a  like  fee  for  re- 
cording the  same.  For  notice  to  a  mortgagee  of  such  payment 
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. 

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

[Approved  March  11,  1949.] 


56  Chapter  62  [1949 

CHAPTER  62. 

AN  ACT  RELATING  TO  THE  SOIL  CONSERVATION  COMMITTEE. 

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

1.  Committee  and  Advisory  Board.  Amend  section  3  of 
chapter  151  of  the  Laws  of  1945  by  striking  out  said  section 
and  inserting  in  place  thereof  the  follovv'ing:  3.  State  Soil 
Conservation  Committee  and  Advisory  Board.  There  is  hereby 
established  to  serve  as  an  agency  of  the  state,  the  state  soil 
conservation  committee  which  shall  consist  of  the  following 
five  members:  The  commissioner  of  agriculture,  the  director 
of  the  state  agricultural  extension  service,  the  director  of  the 
state  agricultural  experiment  station,  and  two  farmer 
members  to  serve  one  and  two  years  respectively  and  until 
their  successors  are  appointed,  at  least  one  of  whom  shall  be  a 
district  supervisor  and  both  of  whom  shall  be  appointed  by  the 
governor  with  the  advice  and  consent  of  the  council.  In  mak- 
ing said  appointment  the  governor  shall  give  consideration  to 
names  submitted  by  the  sub-district  supervisors.  The  com- 
mittee so  composed  shall  elect  its  own  chairman.  The  follow- 
ing four  members  shall  serve  as  an  advisory  board :  The  state 
highway  commissioner,  the  state  forester,  the  director  of  the 
fish  and  game  department,  and  the  executive  director  of  the 
state  planning  and  development  commission.  The  members  of 
said  committee  and  board  shall  serve  without  compensation. 
The  committee  may  adopt  rules  and  regulations  necessary  for 
the  execution  of  its  functions  hereunder  and  shall  keep  a  record 
of  its  oflScial  actions.  It  may  employ  such  employees  as  it  re- 
quires and  fix  their  compensation  subject  to  the  approval  of 
the  governor  and  council.  It  may  also  consult  and  advise  with 
any  local  committees  or  groups. 

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

[Approved  March  12,  1949.] 


1949]  Chapter  63  57 

CHAPTER  63. 

AN  ACT  PROVIDING  FOR  APPROVED  BARBER  SCHOOLS. 

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

1.  Barber  Schools.  Amend  chapter  158  of  the  Revised 
Laws  by  adding"  after  section  20  the  following  new  section: 
20-a.  Approved  School;  Fees.  It  shall  be  unlawful  for  any 
person,  firm  or  corporation,  whether  as  owner,  manager  or 
agent,  to  open,  conduct  or  maintain  a  school  of  barbering'  with- 
out first  having  obtained  from  the  board  a  certificate  of  regis- 
tration for  an  approved  school.  Application  for  such  school 
registration  shall  be  made  to  the  board  in  writing  and  shall 
state  the  name  and  address  of  the  owner  of  the  school,  the  city 
and  town  and  street  and  number  where  the  same  is  located, 
and  contain  such  other  information  as  may  be  required  by  the 
board.  Upon  receipt  of  such  written  application  said  board 
shall  make  an  investigation  with  respect  to  the  location, 
appointments,  equipment  and  appliances  suitable  and  sanitary 
for  such  purposes  and  if  such  investigation  is  satisfactory,  the 
board  shall  issue  to  the  applicant,  upon  payment  of  a  fee  of 
twenty-five  dollars,  a  certificate  of  registration  to  conduct  a 
school  of  barbering  at  such  location  until  the  first  day  of  July 
following  the  date  of  such  registration.  Such  certificate  may, 
so  long  as  such  school  continues  to  meet  the  approval  of  said 
board,  be  renewed  for  one-year  periods  upon  the  payment  of  a 
fee  of  twenty-five  dollars  for  each  such  renewal.  The  board 
may  revoke  any  such  certificate  at  any  time  for  cause ;  provided 
that  notice  shall  be  given  to  such  school  of  said  proposed 
action  in  order  that  the  owner  of  said  school  may  have  an 
opportunity  to  request  a  hearing  on  such  notification.  In  the 
event  of  a  change  of  location  of  any  approved  school,  notice 
shall  be  given  to  the  board  thereof  and  the  board  shall  issue 
a  transfer  of  certificate  of  registration  of  such  school  to  its 
new  location  provided  such  new  location  shall  meet  the  require- 
ments of  the  board.  No  person  shall  instruct  barbering  in  any 
school  unless  he  has  a  certificate  to  practice  barbering. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949. 

[Approved  March  15,  1949.] 


58  Chapter  64  [1949 

CHAPTER  64. 

AN  ACT  RELATIVE  TO  DEFINITION  OF  CONCENTRATED  COM- 
MERCIAL FEEDING-STUFF. 

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

1.  Commercial  Foods.  Amend  section  1  of  chapter  226  of 
the  Revised  Laws  by  striking  out  the  words  "used  for  feeding 
farm  livestock"  in  the  second  and  third  lines  and  by  striking 
out  the  words  "the  place  of  manufacture,"  in  the  eighth  and 
ninth  lines,  so  that  said  section  as  amended  shall  read  as 
follows:  1.  Labeling.  Every  person  who  shall  sell,  offer  or 
expose  for  sale  or  for  distribution  in  this  state  any  con- 
centrated commercial  feeding-stuff  shall  furnish  with  each  car 
or  other  quantity  shipped  in  bulk,  and  shall  affix  to  every  pack- 
age of  such  feeding-stuff,  in  a  conspicuous  place  on  the  outside 
thereof,  a  plainly  printed  statement  clearly  and  truly  certify- 
ing the  number  of  net  pounds  in  the  package  sold  or  offered  for 
sale,  the  name  or  trademark  under  which  the  article  is  sold, 
the  name  of  the  manufacturer,  shipper,  or  for  whom  the 
product  is  manufactured,  the  place  of  business,  and  a  chemical 
analysis  stating  the  minimum  percentages  only  which  it  con- 
tains of  crude  protein  (allowing  one  per  cent  of  nitrogen  to 
equal  six  and  one-fourth  per  cent  of  protein),  the  minimum 
percentage  only  of  crude  fat,  and  the  maximum  percentage 
only  of  crude  fibre,  each  constituent  to  be  determined  by  the 
methods  prescribed  by  the  association  of  official  agricultural 
chemists,  and  shall  state  in  bold  type  upon  the  container  or  a 
tag  attached  thereto,  if  a  compounded  feed,  the  names  of  the 
several  ingredients  therein  contained. 

2.  Terms  I>efined.  Amend  section  3  of  chapter  226  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  3.  Definition.  The  terms  "con- 
centrated commercial  feeding-stuff"  or  "feeding-stuff"  as  used 
in  this  chapter,  shall  include  all  commercial  feeding-stuffs  used 
for  feeding  wild  animals  and  birds  kept  in  captivity,  domestic 
animals  and  poultry,  except  hay,  straw,  whole  seed,  unmixed 
meals  made  directly  from  the  entire  grains  of  wheat,  rye, 
barley,  oats,  Indian  corn,  broom  corn,  buckwheat,  and  mixed 
grains  the  ingredients  of  which  may  be  readily  determined. 


1949]  Chapter  65  59 

3.  Grain.  Amend  section  13  of  chapter  226  of  the  Revised 
Laws  by  striking  out  the  words  "hvestock  or  poultry"  in  the 
third  lin€  and  inserting  in  place  thereof  the  words,  wild  animals 
and  birds  kept  in  captivity,  domestic  animals  or  poultry,  so 
that  said  section  as  amended  shall  read  as  follows:  13. 
Labeling.  Every  person  who  shall  sell,  offer  or  expose  for  sale 
in  this  state  any  corn,  whole,  ground  or  cracked,  oats,  rye, 
barley,  wheat  or  buckwheat,  used  for  feeding  wild  animals  and 
birds  kept  in  captivity,  domestic  animals  or  poultry,  shall 
furnish  with  each  car  or  other  quantity  shipped  in  bulk  a 
plainly  printed  statem.ent  showing  net  weight  and  grade,  as 
hereafter  provided,  and  shall  affix  to  each  bag  of  grain  a 
plainly  printed  statement  or  tag,  showing  the  grade  of  goods 
and  net  weight  contained  therein,  and  the  name  and  address 
of  the  dealer  selling  the  same  if  the  grain  be  below  the  follow- 
ing standards :  Below  No.  1  for  clipped  oats ;  below  No.  2  for 
natural  oats,  rye,  barley  or  buckwheat. 

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

[Approved  March  15,  1949.] 


CHAPTER  65. 

AN  ACT  RELATING  TO  DEFERRED  POSTING  BY  BANKS. 

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

1.     Banks.     Amend  chapter  812  of  the  Revised  Laws  by  in- 
serting at  the  end  thereof  the  following  new  subdivision : 

Deferred  Posting  by  State  Banks,  Trust  Companies 

and  National  Banks. 
20.  Deferred  Posting  by  Banks.  In  any  case  in  which  a 
bank  receives  other  than  for  immediate  payment  over  the 
counter  a  demand  item  payable  by,  at  or  through  such  bank 
and  gives  credit  therefor  before  midnight  of  the  day  of  receipt, 
the  bank  may  have  until  midnight  of  its  next  business  day 
after  receipt  within  which  to  dishonor  or  refuse  payment  of 
such  item.  Any  credit  so  given,  together  with  all  related  en- 
tries on  the  books  of  the  receiving  bank,  may  be  revoked  by  re- 


60  Chapter  65  [1949 

turning  the  item,  or  if  the  item  is  held  for  protest  or  at  the 
time  is  lost  or  is  not  in  the  possession  of  the  bank,  by  giving 
written  notice  of  dishonor,  non-payment,  or  revocation;  pro- 
vided that  such  item  or  notice  is  dispatched  by  deposit  in  the 
mails  or  by  other  expeditious  means  not  late  than  midnight 
of  the  bank's  next  business  day  after  the  item  was  received. 
For  the  purpose  of  determining  when  notice  of  dishonor  must 
be  given  or  protest  made  under  the  law  relative  to  negotiable 
instruments,  an  item  duly  presented,  credit  for  which  is  re- 
voked as  authorized  by  this  subdivision,  shall  be  deemed  dis- 
honored on  the  day  the  item  or  notice  is  dispatched.  A  bank, 
revoking  credit  pursuant  to  the  authority  of  this  subdivision, 
is  entitled  to  refund  of,  or  credit  for,  the  amount  of  the  item. 

21.  Definitions.     For  the  purposes  of  this  subdivision: 

(a)  an  item  received  by  a  bank  on  a  day  other  than  its  business 
day,  or  received  on  a  business  day  after  its  regular  closing  for 
that  day  or  after  the  closing  hour  established  b}^  it  for  the 
majority  of  the  days  of  its  business  week,  shall  be  deemed  to 
have  been  received  at  the  opening  of  its  next  business  day; 

(b)  the  term  "credit"  includes  payment,  remittance,  advice  of 
credit,  or  authorization  to  charge  and,  in  cases  where  the  item 
is  received  for  deposit  as  well  as  for  payment,  also  includes  all 
records  of  deposits  without  regard  to  whether  such  records 
have  been  entered  in  the  receiving  bank's  general  ledger  or 
posted  to  individual  customers'  ledgers;  (c)  the  term  "item" 
means  any  negotiable  or  non-negotiable  instrument  for  the 
payment  of  money;  and  (d)  the  term  "bank"  means  any  state 
bank  or  trust  company  or  any  national  bank  duly  organized 
and  located  within  this  state. 

22.  Negotiable  Instruments  Law,  Effect  on.  Sections 
102,  103,  104  and  155  of  chapter  366  of  Revised  Laws  relating 
to  negotiable  instruments  shall  remain  in  full  force  and  effect, 
except  insofar  as  the  provisions  of  this  subdivision  may  be  in- 
consistent therewith  with  reference  to  any  negotiable  item. 

2.     Takes    Effect.    This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  15,  1949.] 


1949]  Chapter  66  61 

CHAPTER  66. 

AN  ACT  RELATING  TO  THE  GRADING  AND  MARKING  OF  POTATOES. 

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

1.     Grading  and  Marking  of  Potatoes.     Amend  the  Revised 
Laws  by  inserting  after  chapter  223  the  following  new  chapter : 

Chapter  223-A 

1.  Application  of  Law.  The  provisions  hereof  shall 
apply  to  all  shipments,  packages,  containers,  or  displays  in 
which  potatoes  are  packed,  distributed,  sold,  offered  or  exposed 
for  sale  except  as  herein  otherwise  provided. 

2.  Definitions.  L  The  word  "persons"  as  used  herein 
shall  include  individuals,  corporations,  companies,  societies  and 
associations.  The  act,  omission  or  failure  of  an  officer,  agent, 
or  other  person  acting  for  or  employed  by  a  corporation,  com- 
pany, society  or  association,  within  the  scope  of  his  employ- 
ment or  office  shall  also  be  deemed  to  be  the  act,  omission  or 
failure  of  such  corporation,  company,  society,  or  association, 

IL  "Grade"  or  "grades"  shall  mean  the  standards  for 
potatoes  established  by  the  United  States  Department  of 
Agriculture  and  promulgated  by  the  commissioner  of  agri- 
culture as  the  official  grades  on  potatoes  for  New  Hampshire 
under  the  authority  of  section  28,  chapter  223  of  the  Revised 
Laws. 

IIL  "Plainly  and  conspicuously"  shall  mean  that  the 
lettering  used  to  cover  information  required  by  law  on  contain- 
ers shall  be  legible  enough  so  as  not  to  be  obscured  by  other 
markings  or  illustrations  used.  Printing  or  stamped  terms 
shall  be  three-eighths  inch  or  larger  in  height. 

3.  Marks  on  Containers.  Every  shipment,  package,  or 
container  containing  potatoes  which  are  packed,  sold,  dis- 
tributed, offered  or  exposed  for  sale  or  distribution  in  the  state 
by  any  person  shall  be  plainly  and  conspicuously  marked  with 
the  name  and  address  of  the  packer,  or  the  person  by  whose 
authority  the  potatoes  are  packed  or  distributed,  and  the 
proper  grade  of  the  potatoes  contained  therein.  The  party 
possessing  the  potatoes  at  any  time  shall  be  deemed  responsible 
for  the  proper  marking  of  the  potatoes.  On  display  racks  or 
bins  from  which  potatoes  are  sold  in  retail  quantities,  the 
proper  grade  must  be  plainly  and  conspicuously  shown,  but 


62  Chapter  66  [1949 

the  provision  as  to  markings  of  name  and  address  or  person  by 
whose  authority  the  potatoes  were  packed  shall  not  apply. 

4.  Exemptions.  Nothing  herein  shall  be  construed  to 
prevent  a  grower  from  selling  potatoes  at  his  premises  or  his 
storage  or  delivering  potatoes  to  a  central  packing  house, 
processing  plant,  or  storage  without  such  marking  except  that 
any  potatoes  displayed  or  offered  for  sale  at  the  roadside  must 
be  marked  with  the  proper  grade.  Properly  tagged  certified 
seed  potatoes  are  exempted  from  the  provisions  hereof. 

5.  Advertising.  All  radio,  newspaper  or  display  adver- 
tising of  potatoes  in  which  the  price  is  given  must  state  the 
grade  or  grades  of  potatoes  being  advertised. 

6.  Einf orcement ;  Rules  and  Regulations.  The  commis- 
sioner shall  enforce  all  of  the  provisions  hereof.  He,  either  in 
person  or  by  a  duly  authorized  representative,  shall  have  free 
access,  ingress  and  egress  during  business  hours  to  any  place 
or  any  building  wherein  potatoes  are  packed,  stored,  trans- 
ported, sold,  offered  or  exposed  for  sale  or  for  transportation. 
He  may  also,  in  person  or  by  duly  authorized  representative, 
open  any  box,  barrel,  or  other  container,  and  examine  contents 
thereof,  and  may,  upon  tendering  the  market  price,  take 
samples  therefrom.  The  commissioner  shall  make  and  publish 
uniform  rules  and  regulations  for  carrying  out  the  provisions 
hereof. 

7.  Hearings.  When  the  commissioner  of  agriculture 
learns  of  any  violation  of  any  of  the  provisions  hereof,  he  may 
cause  notice  thereof  together  with  the  copy  of  his  findings,  to 
be  given  the  person  or  persons  concerned.  Persons  so  notified 
may  be  given  a  hearing  under  rules  and  regulations  prescribed 
by  the  commissioner.  Notice  of  such  hearings  shall  declare 
the  date,  hour,  and  place  of  hearing. 

8.  Penalty.  Any  person  violating  any  of  the  provisions 
of  this  chapter  shall  be  fined  not  more  than  fifty  dollars  for  the 
first  offense  and  for  each  subsequent  offense  not  more  than  two 
hundred  dollars.  All  fines  shall  be  paid  to  the  commissioner  of 
agriculture  by  the  justice  or  court  imposing  the  same,  within 
ten  days  after  their  receipt,  and  shall  be  used  for  the  enforce- 
ment of  this  chapter. 

2.    Takes  Effect.     This  act  shall  take  effect  as  of  July  1, 
1949. 
[Approved  March  15,  1949.] 


1949]  Chapters  67,  68  63 

CHAPTER  67. 

AN  ACT  RELATIVE  TO  PENALTY  FOR  HUNTING  WHILE 
INTOXICATED. 

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

1.  Hunting  Licenses.  Amend  chapter  247  of  the  Revised 
Laws  by  adding  after  section  11  the  following  new  section: 
1-a.  Intoxication.  Any  person  who  shall  be  convicted  of 
hunting  or  attempting  to  hunt  while  in  possession  of  a  loaded 
gun,  while  under  the  influence  of  intoxicating  liquor,  or  any 
narcotic  or  habit-producing  drug,  shall  be  fined  not  more  than 
five  hundred  dollars  or  imprisoned  not  more  than  six  months, 
or  both,  his  license  shall  be  revoked  and  he  shall  be  ineligible 
for  a  hunting  and  fishing  license  for  one  year  thereafter. 

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

[Approved  March  16,  1949.] 


CHAPTER  68. 

AN  ACT  RELATIVE  TO  SUSPENSION  OF  FISH  AND  GAME  LICENSES. 

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

1.  Penalty.  Amend  chapter  247  of  the  Revised  Laws  by 
adding  after  section  12  the  following  new  section:  12-a. 
Ineligibility  for  License.  The  director  may  in  his  discretion 
declare  that  a  person  who  has  been  convicted  of  fishing,  hunt- 
ing or  trapping  without  a  license  shall  be  ineligible  to  receive 
any  license  under  the  provisions  of  this  title  for  a  period  of  not 
more  than  one  year  from  the  date  of  such  conviction. 

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

[Approved  March  16,  1949.] 


64  Chapter  69  [1949 

CHAPTER  69. 

AN  ACT  RELATIVE  TO  TAKING  FISH  FROM  LAKES  AND  PONDS 
PARTLY  IN  ANOTHER  STATE. 

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

1.  Special  Regulations.     Amend  chapter  245  of  the  Revised 

Laws  by  inserting-  before  section  33  the  following  new  section : 
32-a.  Lake  or  Pond  Partly  in  Another  State.  If,  in  the  case 
of  a  lake  or  pond  situated  partly  in  this  state  and  partly  in 
another  state,  the  laws  of  such  other  state  permit  fishing  in 
that  part  thereof  lying  within  such  other  state  by  persons 
licensed  or  otherwise  entitled  under  the  laws  of  this  state  to 
fish  in  that  part  of  such  lake  or  pond  lying  within  this  state, 
persons  licensed  or  otherwise  entitled  under  the  laws  of  such 
other  state  to  fish  in  the  part  of  such  lake  or  pond  lying  within 
such  other  state  shall  be  permitted  to  fish  in  that  part  thereof 
lying  within  this  state,  and,  as  to  such  lake  or  pond,  the 
operation  of  the  laws  of  this  state  relative  to  open  and  closed 
seasons,  limits  of  catch,  minimum  sizes  of  fish  caught  and 
methods  of  fishing  shall  be  suspended  upon  the  adoption  and 
during  the  continuance  in  force  of  rules  and  regulations  relative 
to  those  subjects  and  affecting  that  part  of  such  lake  or  pond 
lying  within  this  state,  which  rules  and  regulations  the 
director  is  hereby  authorized  to  make,  and  from  time  to  time 
add  to,  alter  and  repeal.  Before  making,  adding  to,  altering 
or  repealing  such  rules  and  regulations,  said  director  shall  con- 
fer with  the  officer  or  board  having  like  duties  in  such  other 
state,  in  order  to  secure  uniformity  of  law,  rules  and  regu- 
lations as  to  the  whole  of  such  lake  or  pond,  if  practicable. 
Such  rules  and  regulations  shall  prior  to  their  effective  date  be 
printed  and  available  for  distribution  at  the  office  of  -the 
director  and  of  the  clerk  of  each  city  and  town  in  this  state  in 
which  any  part  of  such  lake  or  pond  is  situated  or  to  which  it 
lies  adjacent. 

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

[Approved  March  16,  1949.] 


1949]  Chapters  70,  71  65 

CHAPTER  70. 

AN  ACT  RELATING  TO  PROCLAMATION    PROHIBITING   SMOKING 
OR  BUILDING  OPEN  FIRES  NEAR  WOODLAND. 

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

1.  Declaring  Forests  Closed.  Amend  chapter  233  of  the 
Revised  Laws  by  adding  after  section  37  the  following  new 
section:  37-a.  Declaring.  The  governor  and  council,  upon 
the  recommendation  of  the  state  forester,  when,  in  his  opinion, 
there  is  danger  of  starting  fires  in  the  woodlands  of  the  state 
due  to  a  period  of  protracted  drought  or  excessive  dryness 
which  requires  extraordinary  precautions,  may,  by  official 
proclamation,  prohibit  smoking  in  or  near  woodland  and  pro- 
hibit the  kindling  of  any  open  fire  in  or  near  woodland  in  any 
or  all  parts  of  the  state  for  such  time  as  they  may  designate. 
Whoever  is  found  guilty  of  violating  the  provisions  of  this 
section  shall  be  fined  not  more  than  twenty-five  dollars. 

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

[Approved  March  16,  1949.] 


CHAPTER  71. 

AN  ACT  RELATIVE  TO  BONDS  ON  PUBLIC  WORKS. 

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

1.  Bonds  on  Public  Works.  Amend  section  26  of  chapter 
264  of  the  Revised  Laws,  as  amended  by  section  1,  chapter  182, 
Laws  of  1943,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  26.  Bond  Required.  Officers,  public 
boards,  agents  or  other  persons  who  contract  in  behalf  of  the 
state  or  any  political  subdivision  thereof  for  the  construction, 
repair  or  rebuilding  of  public  buildings,  public  highways, 
bridges  or  other  public  works  shall  if  said  contract  involves  an 
expenditure  of  ten  thousand  dollars,  and  may  if  it  involves  an 
expenditure  of  less  amount,  obtain  as  a  condition  precedent  to 
the  execution  of  the  contract,  sufficient  security  by  bond  or 
otherwise,  in  an  amount  equal  to  at  least  eighty  per  cent  of  the 
contract  price,  or  of  the  estimated  cost  of  the  work  if  no  aggre- 


66  Chapter  72  [1949 

gate  price  is  agreed  upon,  conditioned  upon  the  payment  by  the 
contractors  and  subcontractors  for  all  labor  performed  or 
furnished,  for  all  equipment  hired,  including  trucks,  for  all 
material  used  and  for  fuels,  lubricants,  power,  tools,  hardware 
and  supplies  purchased  by  said  principal  and  used  in  carrying 
out  said  contract,  and  for  labor  and  parts  furnished  upon  the 
order  of  said  contractor  for  the  repair  of  equipment  used  in 
carrying  out  said  contract.  Said  bond  shall  be  negotiated  for, 
procured  from  and  the  premium  therefor  paid  to  a  resident 
agent  of  an  insurance  company  registered  and  licensed  to  do 
business  in  this  state.  No  such  insurance  company  or  resident 
agent,  personally  or  by  another,  shall  allow,  give  or  pay, 
directly  or  indirectly,  to  any  non-resident  agent  or  non-resident 
broker  any  part  of  the  commission  on  the  sale  of  said  bond. 
The  insurance  commissioner  may  suspend  or  revoke  the  license 
of  any  resident  agent  or  insurance  company  violating  the  pro- 
visions hereof. 

2.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  16,  1949.] 


CHAPTER  72. 


AN  ACT  RELATIVE  TO  DESTRUCTION  OF  PAPERS  OF  THE 
HEALTH  DEPARTMENT. 

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

1.  Health  Department.  Amend  section  9  of  chapter  147  of 
the  Revised  Laws  by  striking  out  the  word  "ten"  in  the  second 
line  and  inserting  in  place  thereof  the  word,  six,  so  that  said 
section  as  amended  shall  read  as  follows:  9.  Destruction  of 
Certain  Records.  The  state  board  of  health  may  destroy,  at 
the  end  of  six  years  from  the  date  of  filing,  reports,  records  and 
other  documents  in  its  office  which  in  its  opinion  are  no  longer 
of  any  value  to  the  state,  provided  that  records  relative  to 
births,  marriages,  divorces,  deaths,  lunacy,  feebleminded,  and 
tuberculosis  shall  not  be  destroyed  under  the  provisions  hereof. 

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

[Approved  March  16,  1949.] 


1949]  Chapter  73  67 

CHAPTER  73. 

AN  ACT  INCREASING  THE  SALARIES  OF  THE  COMMISSIONERS   OF 

COOS  COUNTY. 

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

1.  Coos  County.  Amend  section  27  of  chapter  47  of  the 
Revised  Laws,  as  amended  by  chapters  119,  150,  195  and  202 
of  the  Laws  of  1943,  by  chapters  66  and  163  of  the  Laws  of 
1945  and  chapters  202  and  284  of  the  Laws  of  1947,  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
27.  Commissioners.  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. 

In  Hillsborough,  twenty-seven  hundred  dollars. 

In  Cheshire,  fifteen  hundred  dollars. 

In  Sullivan,  ten  hundred  dollars. 

In  Grafton,  ten  hundred  dollars. 

In  Coos,  fifteen  hundred  dollars. 

In  Carroll  county  each  commissioner,  when  employed  in 
the  business  of  the  county,  shall  receive  eight  dollars  a  day, 
payable  as  hereinbefore  provided.  To  the  foregoing  sums 
shall  be  added,  in  all  the  counties,  a  reasonable  sum  for  all 
necessary  expenses,  upon  order  of  the  county  auditors. 

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

[Approved  March  16,  1949.] 


68  Chapters  74,  75  [1949 

CHAPTER  74. 

AN  ACT  NAMING  THE  MOOSILAUKE  ROAD. 

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

1.  Highway  Named.  The  New  Hampshire  highway  de- 
scribed as  follows:  Beginning  at  the  intersection  of  the 
Daniel  Webster  Highway  in  the  village  of  Plymouth  with  the 
so-called  route  25,  thence  running  by  said  route  25  through  the 
Baker  river  valley  and  Oliverian  valley  and  notch  over  the  old 
Indian  route  to  the  Dartmouth  College  Highway  (Route  10) 
in  the  town  of  Haverhill  in  the  Connecticut  Valley,  touching  the 
following  towns,  Plymouth,  Rumney,  Wentworth,  Warren, 
Benton  and  Haverhill,  is  hereby  given  the  name  of  The  Moosi- 
lauke  Road.  The  governor  and  council  are  authorized  and 
directed  to  do  all  things  necessary  to  suitably  mark  and  desig- 
nate the  highway  herein  named. 

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

[Approved  March  16,  1949.] 


CHAPTER  75. 

AN  ACT  RELATING  TO  OBTAINING  TRANSPORTATION  BY  FRAUD. 

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

1.  Trajnsportation  by  Fraud.  Amend  section  7  of  chapter 
450  of  the  Revised  Laws  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  7.  Obtaining  Trans- 
portation. If  any  person,  with  intent  to  cheat  or  defraud,  shall 
procure  the  transportation  of  himself,  or  of  other  persons,  or 
of  personal  baggage  or  effects,  by  any  hackman,  carriage 
driver,  taxi  driver,  bus  driver,  automobile  driver,  commercial 
aircraft  operator,  or  expressman,  without  paying  therefor,  he 
shall  be  fined  not  more  than  twenty  dollars,  or  imprisoned  not 
more  than  three  months. 

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

[Approved  March  16,  1949.] 


1949]  Chapters  76,  77  69 

CHAPTER  76. 

AN  ACT  RELATING  TO  STENOGRAPHERS'  FOR  PROBATE  COURT. 

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

1.  Probate  Court.  Amend  chapter  346  of  the  Revised 
Laws  by  adding  at  the  end  thereof  the  following  new  sections : 
30.  Stenographer.  The  judge  of  probate  may  employ  a 
stenographer  who  shall  make  a  stenographic  record  of  any  con- 
tested proceeding.  31.  Expenses.  Such  stenographer  when 
so  employed  shall  be  allowed  twelve  dollars  and  fifty  cents  per 
day  and  shall  be  reimbursed  for  his  or  her  actual  expenses 
when  away  from  home,  and  the  same  shall  be  paid  by  the  re- 
spective county. 

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

[Approved  March  16,  1949.] 

CHAPTER  77. 

AN  ACT  RELATIVE  TO  LEASING  SEWAGE  FACILITIES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  C(yurt  convened: 

1.  Sewage  Facilities.  Amend  part  22  of  chapter  90  of  the 
Revised  Laws,  as  inserted  by  chapter  188  of  the  Laws  of  1945, 
by  adding  after  section  5  the  following  new  section:  5-a. 
Leases.  The  mayor  and  aldermen  of  any  city  may  lease  sew- 
age facilities  to  or  from  any  other  city  or  town  whenever  they 
judge  the  same  necessary  for  the  public  convenience  and 
health, 

2.  Application  of  Act.  The  provisions  of  any  city  charter 
inconsistent  with  the  provisions  of  this  act  are  hereby  repealed 
as  to  the  extent  of  such  inconsistency. 

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

[Approved  March  16,  1949.] 


70  Chapters  78,  79  [1949 

CHAPTER  78. 

AN   ACT  RELATING   TO  DEBT  LIMITATIONS  AS  A  RESULT  OF  CER- 
TAIN REQUIRED  INSTALLATIONS   OF  SEWERAGE   SYSTEMS   OR 
TREATMENT  PLANTS. 

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

1.  Bond  Indebtedness.  Amend  chapter  72  of  the  Revised 
Laws  by  inserting  after  section  7,  the  following  new  section: 
7-a.    Sewerage    Systems    and    Sewage    Treatment    Works. 

Municipalities  which  have  received  orders  by  the  water  pollu- 
tion commission  to  install  sewage  treatment  works  under  the 
provisions  of  chapter  166-A,  Revised  Laws  as  inserted  by 
chapter  183,  Laws  of  1947,  or  by  the  state  board  of  health  to 
install  a  sewerage  system  or  sewage  treatment  works  under 
the  provisions  of  section  21-a,  chapter  166  of  the  Revised  Laws 
as  inserted  by  section  6,  chapter  50,  Laws  of  1947,  or  under 
chapter  165  of  the  Revised  Laws  are  hereby  authorized  to  incur 
debts  for  the  construction  of  such  sewerage  systems  and  treat- 
ment works  outside  the  limit  of  indebtedness. 

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

[Approved  March  16,  1949.] 


CHAPTER  79. 


AN  ACT  RELATIVE  TO  USE  OF  TOWN  ROAD  AID  OF  THE  CLASS  IV 

HIGHWAY. 

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

1.  Town  Road  Aid.  Amend  part  13,  chapter  90  of  the  Re- 
vised Laws  as  inserted  by  chapter  188  of  the  Laws  of  1945  by 
inserting  after  section  1  the  following  new  section:  1-a. 
Application  of  Section.  Such  portions  of  town  road  aid  funds 
may  be  expended  on  class  IV  highways  in  cities  and  towns 
when  in  the  opinion  of  the  state  highway  commissioner  such 
funds  to  which  said  cities  and  towns  are  entitled  are  not  re- 
quired for  the  construction,  reconstruction  and  maintenance  of 
class  V  highways. 


1949]  Chapter  80  71 

2.  Application  of  Statutes,  Amend  section  7,  part  2  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  adding  at  the  end  of  said  section  the 
words,  except  as  may  be  authorized  by  section  1-a,  part  13,  of 
this  chapter,  so  that  said  section  as  amended  shall  read  as 
follows:  7.  Class  IV  Compact  Section  Highways.  All  class 
IV  highways  shall  be  wholly  constructed,  reconstructed,  and 
maintained  by  the  city  or  town  in  which  they  are  located,  and 
no  state  funds  shall  be  expended  thereon  except  as  may  be 
authorized  by  section  1-a,  part  13  of  this  chapter. 

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

[Approved  March  16,  1949.] 


CHAPTER  80. 


AN  ACT  RELATING  TO  THE  LIEN  FOR  SEWER  ASSESSMENTS 
AND  SEWER  RENTALS. 

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

1.  Sewer  Assessments.  Amend  section  10,  part  22  of 
chapter  90,  Revised  Laws,  as  inserted  by  chapter  188,  Laws  of 
1945,  by  striking  out  the  words  "for  one  year  after  notice  of 
the  assessment  is  given  to  the  owner  of  the  land,"  in  the  third 
and  fourth  lines  and  inserting  in  place  thereof  the  words,  until 
one  year  from  October  first  following  the  assessment;  further 
amend  said  section  by  adding  at  the  end  thereof  the  words, 
whichever  is  later.  Such  assessments  shall  be  subject  to  the 
interest  and  such  other  charges  as  are  applicable  to  delinquent 
taxes;  so  that  said  section  as  amended  shall  read  as  follows: 
10.  Lien.  All  assessments  under  the  provisions  of  sections  7 
and  8  shall  create  a  lien  upon  the  lands  on  account  of  which 
they  are  made,  which  shall  continue  until  one  year  from 
October  first  following  the  assessment,  and,  in  case  an  appeal 
has  been  taken  and  the  assessment  has  been  sustained  in  whole 
or  in  part  upon  such  appeal,  until  the  expiration  of  one  year 
from  such  decision,  whichever  is  later.  Such  assessments 
shall  be  subject  to  the  interest  and  such  other  charges  as  are 
applicable  to  delinquent  taxes. 


72  Chapter  81  [1949 

2.  Cities.  Amend  section  15,  part  22  of  chapter  90,  Re- 
vised Laws,  as  inserted  by  chapter  188,  Laws  of  1945,  by  strik- 
ing out  the  word  "June"  and  inserting  in  place  thereof  the 
word  October,  so  that  said  section  as  amended  shall  read  as 
follows :  15.  Installments.  The  mayor  and  aldermen  of  any 
city  may,  in  their  discretion,  in  making  any  assessment  under 
this  part,  assess  the  same  to  be  paid  in  annual  installments  ex- 
tending over  a  period  not  exceeding  twenty  years,  and  in  such 
case  their  assessment  so  made  shall  create  a  lien  upon  the  land 
on  account  of  which  it  is  made  and  the  lien  of  each  installment 
so  assessed  shall  continue  for  one  year  from  October  first  of 
the  year  such  installment  becomes  due. 

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

[Approved  March  16,  1949.] 


CHAPTER  81. 

AN  ACT  RELATING  TO  BRAKES  ON  ALL  MOTOR  VEHICLES. 

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

1.  Brakes.  Amend  chapter  119  of  the  Revised  Laws  by  in- 
serting after  section  4  the  following  new  section :  4-a.  Brake 
Performance.  Every  motor  vehicle  and  every  combination  of 
motor  vehicle  with  trailer  or  semi-trailer  when  operated  upon 
the  highways  of  the  state  shall  at  a  speed  of  twenty  miles  per 
hour  be  capable,  at  all  times  and  under  all  conditions  of  loading, 
of  stopping  on  a  dry,  smooth  approximately  level  pavement 
free  from  loose  material,  upon  application  of  the  foot  or  service 
brake,  within  a  distance  of  thirty  feet. 

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

[Approved  March  16,  1949.] 


1949]  Chapters  82,  83  73 

CHAPTER  82. 

AN  ACT  RELATIVE  TO  REGISTRATION  OF  SAW  MILLS. 

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

1.  Saw  Mills.  Amend  section  58  of  chapter  233  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :  58.  Registration.  No  person  shall  in 
any  year  operate  or  cause  to  be  operated  any  portable  mill  or 
other  mill  sawing,  planing  or  otherwise  processing  lumber  or 
forest  products,  in  or  near  woodlands  as  defined  in  section  31 
of  chapter  241,  or  where  fire  may  be  communicated  to  such 
land,  except  mills  chiefly  propelled  by  water  power,  until  said 
shall  be  registered  by  the  state  forestry  and  recreation  com- 
mission. Application  for  registration  shall  be  in  writing, 
giving  the  name  of  owner  or  owners,  the  location  and  type  of 
mill,  and  such  other  pertinent  information  as  the  commission 
may  require. 

2.  Payment  of  Taxes.  Amend  chapter  233  of  the  Revised 
Laws  by  inserting  after  section  60  the  following  new  section: 
60-a.  Suspension  of  Registration.  If  notice  is  given  to  the 
commission  that  the  owner  of  any  mill  registered  hereunder 
has  failed  to  pay  the  taxes  assessed  on  said  mill  for  the  pre- 
ceding year,  the  commission  shall  suspend  such  registration 
until  evidence  is  furnished  that  such  taxes  have  been  paid. 

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

[Approved  March  16,  1949.] 


CHAPTER  83. 

AN   ACT  CHANGING   THE  NAME  OF  TODD  POND  IN  THE 

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

1.  Todd  Lake.  The  body  of  water  in  the  towns  of  Bradford 
and  Newbury  now  known  as  Todd  Pond  shall  hereafter  be 
known  and  called  Lake  Todd. 

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

[Approved  March  16,  1949.] 


74  Chapter  84  [1949 

CHAPTER  84. 

AN  ACT  RELATIVE  TO  AUDITING  ACCOUNTS  OF 
ARGICULTURAL  FAIRS. 

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

1.  Race  Meets.  Amend  section  18  of  chapter  171  of  the 
Revised  Laws  as  amended  by  chapter  206  of  the  Laws  of  1947 
by  striking  out  said  section  and  inserting  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  follow- 
ing plan  as  to  all  agricultural  fairs  holding  yearly  exhibitions 
in  the  state  and  paying  premiums  of  five  hundred  dollars  or 
more  annually.  Each  year  a  payment  of  one  hundred  dollars 
shall  be  paid  to  all  such  agricultural  fairs.  The  balance  of  said 
fund  shall  be  distributed  pro  rata  to  said  fairs  based  on  the 
amount  of  competitive  or  educational  agricultural  premiums 
paid  in  the  preceding  calendar  year  by  said  fair.  In  determin- 
ing the  premiums  paid  the  commissioner  shall  take  into  con- 
sideration the  premiums  paid  for  contests,  exhibits  or  displays 
of  domestic  livestock,  household  products,  farai  crops,  and 
those  made  by  4-H  clubs  or  other  similar  groups. 

2.  Accounts.  Amend  chapter  171  of  the  Revised  Laws  by 
inserting  after  section  18  the  following  new  sections:  18-a. 
Rules  and  Regulations.  The  commissioner  of  agriculture  shall 
make  such  reasonable  rules  and  regulations  relative  to  the  re- 
ports of  premiums  as  he  may  deem  necessary  to  enable  him  to 
determine  the  pro  rata  distributions  to  be  made  of  the  sums 
hereinbefore  provided.  18-b.  Audit  by  Tax  Commission. 
The  tax  commission  shall  annually  at  the  cost  and  expense  of 
each  such  fair  audit  all  accounts  of  fairs  receiving  money  under 
the  provisions  of  this  chapter,  with  the  exception  of  pari- 
mutuel  accounts,  and  the  report  of  each  such  audit,  when  com- 
pleted, shall  be  submitted  to  the  president,  treasurer  and  clerk 
of  each  fair  so  audited.  The  audit  of  the  pari-mutuel  receipts 
made  under  the  authority  of  section  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.     18-c. 


1949]  Chapter  85  75 

Report  of  Audit.  A  report  of  each  audit  shall  be  made  to  the 
commissioner  of  agriculture  by  the  tax  commission  and  shall 
be  available  to  the  public.  18-d.  Keeping  Books  of  Record. 
Each  such  fair  shall  use  the  calendar  year  as  its  fiscal  year  and 
shall  keep  such  books,  records  and  reports  of  its  fiscal  officers 
and  follow  such  reasonable  accounting  methods  as  may  be, 
from  time  to  time,  prescribed  by  the  tax  commission  which  is 
hereby  authorized  to  require  the  production  of  all  such  books, 
records,  vouchers  and  other  papers  and  documents  as  will  en- 
able it  to  make  a  full,  accurate  and  complete  audit.  All  such 
records  shall  be  preserved  for  three  years  following  the  date 
of  said  audit.  18-e.  Failure  to  Keep  Accounts.  The  failure 
to  keep  such  books,  records  and  papers  and  follow  such 
approved  methods  shall  be  considered  sufficient  cause  for  the 
commissioner  of  agriculture  to  withhold  the  distribution  of 
funds  provided  for  hereunder  to  the  fair  or  fairs  otherwise  en- 
titled thereto  until  such  books,  records  and  papers  are  made 
available  for  audit  and  such  audit  made.  Any  funds  remain- 
ing in  the  hands  of  the  commissioner  of  agriculture  which  are 
not  distributed  because  of  continued  failure  to  comply  with  the 
provisions  of  section  18-d,  shall  be  distributed  after  a  period 
of  one  year,  to  the  fairs  which  complied  with  the  provisions  of 
said  section  for  the  year  in  question. 

3.     Takes    Effect.      This    act    shall    take    effect    upon   its 
passage, 
[Approved  March  17,  1949.] 


CHAPTER  85. 

AN  ACT  REGULATING  THE  HEIGHT  OF  VEHICLES. 

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  38  the  following  new  section : 
38-a.  Height.  No  vehicle  whose  total  height  including  load 
is  greater  than  thirteen  feet,  six  inches,  shall  be  operated  on 
the  highways  of  this  state. 

2.  Prohibition.  Amend  section  40  of  chapter  119  of  the 
Revised  Laws  by  inserting  after  the  word  "whose"  in  the 


76  Chapter  86  [1949 

second  line  the  word,  height,  so  that  said  section  as  amended 
shall  read  as  follows:  40.  Penalty.  Any  person  who  shall 
operate  or  cause  to  be  operated  on  the  highways  of  this  state 
a  vehicle  whose  height,  size  or  weight  is  in  excess  of  that  here- 
in prescribed  shall  be  fined  not  less  than  twenty-five  nor  more 
than  two  hundred  dollars  for  the  first  offense,  and  not  less  than 
fifty  nor  more  than  five  hundred  dollars  for  any  subsequent 
oifense. 

3.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  17,  1949.] 


CHAPrER  86. 


AN  ACT  TO  INCREASE  THE  MEMBERSHIP  OF  THE  REORGANIZATION 

COMMISSION. 

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

1.  Two  Additional  Members.  Amend  section  9,  chapter  43, 
Laws  of  1949,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  O.  Reorganization  Commission. 
The  governor  with  the  advice  and  consent  of  the  council  shall 
forthwith  appoint  a  reorganization  commission  to  cooperate 
with  and  advise  the  governor  in  the  preparation  of  reorgani- 
zation plans  under  this  act.  The  commission  shall  consist  of 
nine  qualified  persons,  not  less  than  five  of  whom  shall  be 
members  of  the  general  court,  and  one  of  whom  shall  be  desig- 
nated as  chairman  by  the  governor.  The  members  of  the 
commission  shall  serve  without  compensation  but  shall  be 
allowed  their  necessary  expenses  while  engaged  in  official  busi- 
ness. The  commission  may  employ  such  technical  and  other 
assistants  as  may  be  necessary  and  fix  their  compensation.  The 
sum  of  seven  thousand  five  hundred  dollars,  or  so  much  there- 
of as  may  be  necessary,  is  hereby  appropriated  for  carrying 
out  the  purposes  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. 

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

[Approved  March  17,  1949.] 


1949]  Chapter  87  77 

CHAPTER  87. 

AN  ACT  RELATIVE  TO  PURCHASE  AND  SALE  OF  POULTRY. 

Be  it  enacted  by  the  Senate  and  House  of  Rep7'esentatives  in 
General  Court  convened: 

1.  Transportation.  Amend  chapter  199  of  the  Revised 
Laws  by  adding  after  section  4  the  following  new  section :  4-a. 
Additional  Vehicles.  Whenever  any  licensee  shall  acquire 
additional,  or  shall  exchange,  vehicles  used  in  such  trans- 
portation he  shall  report  the  facts  to  the  commissioner  and 
pay  the  necessary  fees  for  additional  number  plates  or  for 
transfer  of  existing  plates  to  another  vehicle. 

2.  Certificate  of  Weight.  Amend  chapter  199  of  the  Re- 
vised Laws  by  adding  after  section  5  the  following  new  section : 
5-a.  Requirement.  Before  any  license  or  renewal  thereof  is 
issued  hereunder  the  applicant  shall  file  with  the  commissioner 
a  certificate  from  the  commissioner  of  weights  and  measures  to 
the  effect  that  the  weights  to  be  used  in  the  business  for  buy- 
ing and  selling  live  poultry  have  been  inspected  and  have  been 
found  correct  or  furnish  the  commissioner  of  agriculture  with  a 
declaration  to  the  effect  that  all  poultry  purchased  by  him  will 
be  weighed  on  scales  properly  sealed  by  the  department  of 
weights  and  measures. 

3.  Certificate  of  Transfer.  Amend  section  6  of  chapter  199 
of  the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  6.  Fees.  The  fee  for  each 
license  issued  hereunder  shall  be  two  dollars,  which  shall  en- 
title the  licensee  to  one  set  of  number  plates.  The  price  for 
each  certified  copy  license  and  an  additional  set  of  number 
plates  shall  be  one  dollar.  The  fee  for  each  certificate  of 
transfer  shall  be  one  dollar. 

4.  Powers  of  Commissioner.  Amend  chapter  199  of  the 
Revised  Laws  by  adding  after  section  9  the  following  new 
section:  9-a.  License  Suspended.  The  commissioner  may 
order  the  suspension  of  the  license  of  any  person  in  his  dis- 
cretion after  hearing  and  may  order  the  license  of  any  person 
delivered  to  him,  whenever  he  has  reason  to  believe  the  holder 
thereof  is  not  responsible  and  entitled  to  confidence,  but  such 
suspension  shall  not  be  for  a  longer  period  than  thirty  days 
unless  the  commissioner,  after  investigation  and  hearing,  so 
determines. 


78  Chapter  88  [1949 

5.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  17,  1949.] 


CHAPTER  88. 

AN  ACT  RELATING  TO  LEGACY  RECEIPTS. 

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

1.  Receipt.  Amend  section  20,  chapter  360  of  the  Re- 
vised Laws  by  striking  out  the  said  section  and  inserting  in 
place  thereof  the  following:  20.  Minors  not  Under  Guardian- 
ship. Whenever  any  minor  not  being  under  legal  guardian- 
ship shall  be  entitled  to  receive  from  any  administrator  or 
executor  any  distributive  share  as  heir  or  next  of  kin,  or  any 
legacy,  the  full  amount  of  which  share  or  legacy  is  not  more 
than  seven  hundred  dollars,  said  administrator,  or  executor, 
upon  petition  to  and  approval  of  the  probate  court  shall  pay 
said  sum  to  the  parents  of  said  minor,  if  both  are  living,  or  to 
the  surviving  parent,  if  one  parent  is  deceased,  or  to  the  parent 
or  other  person,  having  custody  of  said  minor,  if  the  parents 
are  divorced,  or  to  a  person  standing  in  loco  parentis  to  said 
minor,  if  both  parents  are  deceased,  and  the  receipt  of  said 
parents  or  parent  or  other  person  shall  be  filed  and  accepted  by 
the  probate  court  in  discharge  of  the  administrator's  or 
executor's  liability  therefor  in  the  same  manner  and  effect  as 
though  said  parents  or  parent  or  other  person  had  been  legally 
appointed  guardian  by  the  probate  court.  Publication  of  notice 
upon  the  petition  to  the  probate  court  shall  not  be  required  un- 
less ordered  by  the  court. 

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

[Approved  March  22,  1949.] 


1949]  Chapters  89,  90  79 

CHAPTER  89. 

AN  ACT  RELATING  TO  METHOD  OF  PAYMENT  FOR  FOREST  FIRE 

EXPENSES. 

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

1.  Forest  Fire  Expenses.  Amend  section  26  of  chapter  233 
of  the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  26.  Duty  of  Warden.  Upon 
receipt  of  said  statement  the  selectmen  of  towns  and  mayors  of 
cities,  if  said  bill  is  approved,  shall  draw  an  order  upon  the 
treasurer  for  payment  to  each  person  employed  the  amount  of 
compensation  due  or  to  the  warden  for  the  total  amount  of  the 
bill  as  approved,  as  the  selectmen  or  mayor  may  determine.  If 
payment  is  made  to  the  warden  he  shall  forthwith  pay  to  each 
person  employed  the  amount  of  compensation  due.  The 
account  of  the  warden  shall  be  audited  and  included  in  the 
town  report. 

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

[Approved  March  22,  1949.] 


CHAPTER  90. 


AN    ACT    RELATIVE    TO    SUSPENSION    OR    REVOCATION    OF 

CERTIFICATES  ISSUED  UNDER  NEW  HAMPSHIRE 

AERONAUTICS  ACT. 

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

1.  State  Registration  Certificates.  Amend  section  23  of 
chapter  306  of  the  Revised  Laws  by  adding  at  the  end  thereof 
a  new  paragraph  as  follows:  V.  Is  convicted  of  a  violation 
of  the  law  or  rules  or  regulations  of  another  state  which 
are  consistent  with  the  then  current  federal  law  or  rules 
or  regulations  relating  to  civil  aeronautics.  Provided,  that 
suspension  or  revocation  under  this  paragraph  shall  be  only 
upon  conviction  of  (a)  careless  or  reckless  operation  so  as  to 
endanger  the  life  or  property  of  others  or  (b)  a  student  pilot 


80  Chapter  91  [1949 

carrying  a  passenger  or  (c)  piloting  an  aircraft  or  serving  as 
a  member  of  the  crew  while  under  the  influence  of  liquor  or 
using  any  drug  which  affects  his  faculties  in  any  manner  con- 
trary to  safety;  and  that  revocation  shall  be  only  after  notice 
and  opportunity  for  hearing,  and  that  any  suspension  shall  not 
be  for  a  period  in  excess  of  thirty  days  without  notice  and 
opportunity  for  hearing.  Provided  further  that  if  any  person 
takes  an  appeal  from  such  conviction  the  commission  may 
suspend  the  certificate  of  such  person  pending  the  appeal. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  22,  1949.] 


CHAPTER  91. 


AN  ACT  RELATIVE  TO  NOTICE  TO  DIRECTOR  BEFORE  WATER  IS 
DRAWN  DOWN  IN  CERTAIN  CASES. 

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

1.  Prohibition.  Amend  chapter  245  of  the  Revised  Laws 
by  inserting  after  section  36  the  following  new  sections :  36-a. 
Notice.  No  person  by  means  of  opening  gates  or  dams,  other 
than  in  the  ordinary  use  of  an  established  water  privilege,  shall 
draw  down  or  lower  the  water  in  any  stream,  lake  or  pond  in 
the  state  to  a  degree  which  will  endanger  fish  life  therein  until 
notice  in  writing  has  been  given  to  the  director  of  such  inten- 
tion two  weeks  prior  to  such  drawing  down  or  lowering  so  that 
the  department  may  take  out  the  fish  in  the  waters  to  be  so 
drawn  down  or  lowered.  36-b.  Exception.  The  provisions 
of  section  36-a  shall  not  apply  to  privately  owned  lakes  or 
ponds. 

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

[Approved  March  22,  1949.] 


1949]  Chapters  92,  93  81 

CHAPTER  92. 

AN  ACT  RELATING  TO  PUPILS. 

Be  it  enacted  by  the  Senate  and  House  of  Representativ<es  in 
General  Court  convened: 

1.  School  Pupils.  Amend  section  1  of  chapter  137  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  1.  Duty  of  Pupil.  Every  child 
between  eight  and  sixteen  years  of  age  shall  attend  the  public 
school  within  the  district  or  a  public  school  outside  the  district 
to  which  he  is  assigned  or  an  approved  private  school  during 
all  the  time  the  pubHc  schools  are  in  session,  unless  he  is  more 
than  fourteen  years  old  and  has  completed  the  studies  pre- 
scribed for  the  elementary  schools,  or  has  been  excused  from 
attending  on  the  ground  that  his  physical  or  mental  condition 
is  such  as  to  prevent  his  attendance  or  to  make  it  undesirable. 

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

[Approved  March  23,  1949.] 


CHAPTER  93. 


AN  ACT  RELATING  TO  THE  APPORTIONMENT  OF  EXPENSES  FOR 
MUNICIPALITIES  IN   FIGHTING  FOREST  FIRES. 

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

1.  Expenses  of  Municipalities.  Amend  section  24  of  chap- 
ter 233  of  the  Revised  Laws  by  striking  out  the  words  "total 
assessed  valuation  on  such  municipality  for  the  preceding  tax 
year"  in  the  tenth  line  and  inserting  in  place  thereof  the 
words,  latest  equalized  locally  assessed  valuation  on  such 
municipality,  so  that  said  section  as  amended  shall  read  as 
follows:  24.  Apportionment.  The  expenses  of  fighting 
forest  and  brush  fires  in  towns,  and  other  expenses  lawfully  in- 
curred by  wardens  and  deputy  wardens  of  said  towns  in  pre- 
venting forest  fires,  shall  be  borne  equally  by  the  municipality 
and  the  state,  except  as  otherwise  herein  provided,  and  except 
that  when  in  any  one  town  or  city  fiscal  year  the  net  total  of 


82  Chapter  94  [1949 

sums  required  for  the  suppression  and  prevention  of  forest  and 
brush  fires,  excluding  the  initial  cost  of  fire-fighting  equip- 
ment, to  be  so  borne  by  such  municipality,  computed  at  rates 
within  limits  established  by  the  forestry  and  recreation  com- 
mission and  the  state  forester,  shall  equal  one-half  of  one  per 
cent  of  the  latest  equalized  locally  assessed  valuation  on  such 
municipality,  expenses  incurred  in  excess  of  such  sum  shall  be 
borne  entirely  by  the  state  on  the  basis  of  the  rate  limits  above 
specified. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  94. 

AN  ACT  RELATING  TO  FINES  COLLECTED  BY  A  MUNICIPAL  COURT. 

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

1.  Fines  Collected.  Amend  section  30  of  chapter  118  of  the 
Revised  Laws  as  amended  by  chapter  65  of  the  Laws  of  1945 
by  striking  out  the  word  "five"  in  the  fifth  line  and  inserting 
in  place  thereof  the  word,  seven,  so  that  said  section  as 
amended  shall  read  as  follows:  30.  Disposal  of  Fees,  etc. 
All  fees  and  fines  received  by  any  person  under  the  provisions 
of  any  laws  of  the  state  relative  to  the  use  and  operation  of 
motor  vehicles,  shall  be  paid  to  the  commissioner  within  seven 
days  after  the  receipt  thereof,  and  all  moneys  received  by  the 
commissioner  shall  be  paid  monthly  to  the  state  treasurer. 
Provided,  however,  that  ten  per  cent  of  the  amount  of  all  such 
fines  collected  by  a  municipal  court  shall  be  deducted  and  the 
same  shall  be  forwarded  to  the  town  treasurer  of  the  town 
where  said  court  is  located.  The  sums  so  paid  into  the  town 
treasury  shall  be  used  for  the  expenses  of  the  municipal  court 
and  any  balance  thereof  shall  be  for  the  use  of  the  town. 

2.  Payment  to  Motor  Vehicle  Commissioner.  Amend 
section  10  of  chapter  145  of  the  Revised  Laws  by  striking  out 
the  word  "five"  in  the  eleventh  line  and  inserting  in  place 
thereof  the  word,  seven,  so  that  said  section  as  amended  shall 
read  as  follows:     10.     Disposition  of  Rewards.     Any  fee  for 


1949]  Chapter  95  83 

the  performance  of  an  act  in  line  of  duty  or  reward  for  the 
apprehension  or  the  conviction  of  any  person,  or  for  the  re- 
covery of  any  property,  received  by  or  payable  to  any  em- 
ployee, shall  be  paid  by  him  to  the  commissioner  of  motor 
vehicles  who  shall  immediately  forward  the  same  to  the  state 
treasurer.  All  fines  and  costs  assessed  against  any  violator 
of  law  apprehended  or  prosecuted  by  a  police  employee,  except 
such  as  may  be  assessed  against  persons  committing  or 
attempting  to  commit  a  felony  and  except  such  costs  as  may  be 
assessed  under  section  20,  chapter  376,  shall  be  sent,  except  as 
hereinafter  provided,  by  the  court  collecting  the  same  from 
such  law  violator,  to  the  commissioner  of  motor  vehicles  within 
seven  days  from  their  payment,  and  by  him  immediately  paid 
into  the  state  treasury.  The  commissioner  of  motor  vehicles 
shall  forward  to  the  superintendent  such  information  as  he 
may  direct  relative  to  said  fees,  fines  and  costs.  In  case  of 
fines  collected  hereunder  by  a  municipal  court  which  would 
under  the  provisions  hereof  be  payable  to  the  commissioner  of 
motor  vehicles  the  municipal  court,  shall,  before  forwarding, 
deduct  therefrom  ten  per  cent  of  said  fines  and  shall  forward 
the  same  to  the  town  treasurer  of  the  town  wherein  said  court 
is  located.  The  sums  so  paid  into  the  town  treasury  shall  be 
used  for  expenses  of  the  municipal  court  and  any  balance  there- 
of shall  be  for  the  use  of  the  town. 

3.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  95. 

AN  ACT  INCREASING  THE  NUMBER  OF  COURT  STENOGRAPHERS. 

Be  it  eTiacted  by  the  Senate  and  House  of  Representativ<es  in 
General  Court  convened: 

1.  Court  Stenographers.  Amend  section  26  of  chapter  395 
of  the  Revised  Laws  as  amended  by  chapter  176  of  the  Laws 
of  1947,  by  striking  out  in  the  second  line  the  word  "six"  and 
inserting  in  place  thereof  the  word,  seven,  so  that  said  section 
as  amended  shall  read  as  follows:  26.  Appointment.  The 
superior  court  may  appoint  not  more  than  seven  official  state 


84  Chapter  96  [1949 

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  re- 
ceive from  the  state  an  annual  salary  of  three  thousand  dollars. 
He  shall  take  full  notes  of  all  oral  testimony  and  other  pro- 
ceedings in  the  trial  of  causes  either  at  law  or  in  equity  in- 
cluding 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  proceedings  taken  by  him  as 
either  party  to  the  trial  may  require,  on  payment  therefor  by 
such  party  at  the  rate  fixed  by  the  court  as  provided  in 
section  29. 

2.    Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  96. 


AN  ACT  RELATING  TO  THE  APPOINTMENT  AND  TENURE  OF 
DEPUTY  CLERKS  OF  SUPERIOR  COURTS. 

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

1.  Deputy  Clerks  of  Superior  Courts.  Amend  section  13  of 
chapter  374  of  the  Revised  Laws  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following:  13.  Appointment. 
A  clerk  of  court  may  appoint  a  deputy  to  perform  the  duties 
of  his  office  while  the  clerk  is  absent  or  unable  from  any  cause 
to  act.  The  deputy  clerk  shall  hold  office  during  the  in- 
cumbency or  pleasure  of  the  clerk. 

2.  Term.  Amend  section  14  of  chapter  374  of  the  Revised 
Laws  by  striking  out  the  words  "and  shall  be  for  a  term  not 
exceeding  two  years"  so  that  said  section  as  amended  shall 
read    as    follows:     14.     Form    of    Appointment,    etc.     Such 


1949]  Chapters  97,  98  85 

appointment  shall  be  in  writing  and  shall  be  approved  by  the 
clerk's  bondsmen  and  by  the  justices  of  the  court. 

3.     Takes  Effect.    This  act  shall  take  effect  upon  its  passage, 
but  shall  not  affect  the  functions  and  duties  or  the  tenure  of 
office  of  deputy  clerks  heretofore  appointed. 
[Approved  March  23,  1949.] 


CHAPTER  97. 

AN  ACT  RELATIVE  TO  RECORDING  DEATH  CERTIFICATES. 

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

1.  Death  Certificates.  Amend  section  50  of  chapter  168  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following :  50.  Duplicates.  If  the  deceased 
resided  in  a  town  within  the  state  other  than  the  town  in  which 
the  death  occurred  or  if  the  deceased  is  to  be  buried  in  a  town 
other  than  that  in  which  the  death  occurred,  the  town  clerk 
issuing  the  burial  permit  shall,  within  six  days,  forward  a 
duplicate  of  the  record  of  death  to  the  clerk  of  the  town  where 
the  deceased  resided,  if  within  the  state,  and  a  duplicate  of  the 
record  of  death  to  the  clerk  of  the  town  where  the  interment 
is  made,  if  other  than  the  place  of  death  or  place  of  residence, 
who  shall  record  the  same;  but  no  return  of  said  duplicate 
record  shall  be  made  to  the  state  registrar  unless  called  for. 

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

[Approved  March  23,  1949.] 


CHAPTER  98. 


AN  ACT  RELATIVE  TO  VITAL  STATISTICS  FORMS,  AND  RECORDING 
RECORDS  OF  STILLBIRTHS. 

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

1.  Authority  of  State  Department  of  Health.  Amend 
section  1  of  chapter  337  of  the  Revised  Laws  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:     1. 


86  Chapter  98  [1949 

Statistical  Forms.  The  state  department  of  health  shall  make 
rules  and  regulations  relative  to  facts  which  must  be  recorded 
relative  to  births,  marriages,  deaths  and  stillbirths.  The 
registrar  of  vital  statistics  for  the  state  shall  furnish  to  sex- 
tons, to  clergymen  and  others  authorized  to  solemnize 
marriages,  to  physicians,  town  clerks  and  clerks  of  the  society 
of  Friends,  a  copy  of  this  chapter  and  suitable  blanks  for  re- 
cording facts  as  required  by  the  state  department  of  health 
hereunder. 

2.  Births.  Amend  section  4  of  chapter  337  of  the  Revised 
Laws  by  striking  out  the  words  "paragraph  I  of  section  1"  in 
the  fourth  line  and  inserting  in  place  thereof  the  words,  rules 
of  the  state  department  of  health,  so  that  said  section  as 
amended  shall  read  as  follows:  4.  Report  of  Birth.  The 
attending  physician,  midwife  or  other  person  in  charge,  who 
shall  attend,  assist  or  advise  at  the  birth  of  any  child,  living  or 
stillborn,  within  the  state,  shall  report  to  the  clerk  of  the  town 
within  six  days  thereafter  all  the  facts  required  by  rules  of  the 
state  department  of  health.  In  case  the  parents  of  the  child 
reside  in  some  other  town  than  the  place  of  birth,  the  clerk  of 
the  town  within  which  the  birth  takes  place  shall  thereupon 
send  a  copy  of  the  birth  record  to  the  clerk  of  the  town  within 
which  the  parents  reside,  where  the  same  shall  be  recorded; 
but  only  the  clerk  of  the  town  of  actual  birth  shall  be  required 
to  transmit  a  copy  to  the  state  registrar. 

3.  Marriages.  Amend  section  22  of  chapter  338  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  22.  Notice  of  Intention.  All 
persons  proposing  to  be  joined  in  marriage  within  the  state 
shall  cause  notice  of  their  intentions  with  all  facts  required  by 
rules  of  the  state  department  of  health  as  provided  in  chapter 
337  to  be  entered  in  the  office  of  the  clerk  of  the  town  in  which 
they  or  either  of  them  dwell  if  either  of  them  dwell  in  this 
state;  otherwise  in  the  town  in  which  the  marriage  is  cele- 
brated. If  there  be  no  such  clerk  in  the  place  of  their 
residence  the  like  entry  shall  be  made  with  the  clerk  of  an 
adjoining  town.  The  clerk  shall  record  tlie  notice  in  a  book  to 
be  kept  for  that  purpose. 

4.  Requirements.  Amend  section  46  of  chapter  168  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:     46.     Death  Certificate.     Whenever  a 


1949]  Chapter  99  87 

person  shall  die,  or  a  stillborn  child  shall  be  brought  forth,  the 
physician  attending  at  the  last  sickness  or  bringing  forth  shall 
fill  out  and  deliver  to  the  funeral  director,  or  to  the  town  clerk, 
a  certificate,  duly  signed,  setting  forth,  as  far  as  may  be,  the 
facts  required  by  rules  of  the  state  department  of  health  as 
provided  in  chapter  337. 

5'.  Stillbirths.  Amend  section  49  of  chapter  168  of  the  Re- 
vised Laws  by  inserting  after  the  word  "death"  in  the  second 
line  the  words,  or  stillbirth,  so  that  said  section  as  amended 
shall  read  as  follows:  49.  Burial  Permits,  Obtaining.  It 
shall  be  the  duty  of  the  funeral  director  to  add  to  the  death  or 
stillbirth  certificate  the  date  and  place  of  burial,  and  having 
signed  the  same,  to  forward  it  to  the  clerk  of  the  town,  and 
obtain  a  permit  for  burial.  In  case  of  a  contagious  or  in- 
fectious disease  the  certificate  shall  be  made  and  forwarded 
immediately. 

6.     Takes    Effect.      This    act    shall    take    effect   upon   its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  99. 


AN  ACT  RELATIVE  TO  UNEMPLOYMENT    COMPENSATION    BENEFIT 
ELIGIBILITY  CONDITIONS. 

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

1.  Benefit  Eligibility  Conditions.  Amend  subsection  D, 
section  3  of  chapter  218  of  the  Revised  Laws,  as  amended  by 
section  4,  chapter  56  of  the  Laws  of  1943,  by  section  8,  chapter 
138  of  the  Laws  of  1945,  by  section  11,  chapter  59  of  the  Laws 
of  1947,  by  chapter  267  of  the  Laws  of  1947,  and  by  section  2, 
chapter  30,  Laws  of  1949,  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  one 
week  with  respect  to  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 


88  Chapter  100  [1949 

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  maximum  benefits  is  effected. 
It  is  further  provided  that  the  period  not  to  exceed  one  week 
of  partial  or  total  unemployment  or  the  period  not  to  exceed 
two  weeks  of  partial  unemployment  immediately  preceding  the 
benefit  year  shall  be  deemed  (for  the  purposes  of  this  sub- 
section) 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  preceding  the  first  day  of  the  bene- 
fit year  or  the  calendar  week  or  weeks  immediately  preceding 
the  benefit  year.  For  the  purposes  of  this  subsection,  two 
weeks  of  partial  unemployment  shall  be  deemed  equivalent  to 
one  week  of  total  unemployment;  it  being  provided,  however, 
that  if  a  week  of  partial  unemployment  is  immediately  followed 
by  a  week  of  total  unemployment,  then  such  week  of  partial 
unemployment  shall  be  deemed  equivalent  to  one  week  of  total 
unemployment.  For  the  purposes  of  this  subsection,  no  week 
shall  be  counted  as  a  week  of  total  unemployment  for  any  in- 
dividual: (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  subsection  P 
(2)  of  section  1. 

2.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  100. 

AN  ACT  RELATIVE  TO  RECOVERIES  IN  OLD  AGE  ASSISTANCE. 

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

1.  Old  Age  Assistance.  Amend  section  19  of  chapter  126 
of  the  Revised  Laws  as  amended  by  chapter  44  of  the  Laws  of 
1947  by  striking  out  the  second  sentence  tliereof  and  inserting 
in  place  thereof  the  following  new  sentence :  On  the  death  of 
a  recipient  of  old  age  assistance,  the  total  amount  of  assistance 


1949]  Chapter  101  89 

paid  under  this  chapter  shall  be  allowed  as  a  claim  against  the 
estate  of  such  person  after  payment  of  the  expenses  of 
administration,  the  necessary  charges  for  the  burial  of  the 
deceased  and  the  payment  of  claims  for  the  last  sickness  of  the 
deceased,  so  that  said  section  as  amended  will  read:  19. 
Recovery.  If  at  any  time  during  the  continuance  of  assistance 
the  recipient  thereof  or  the  husband  or  wife  of  the  recipient 
becomes  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  receipt 
or  possession  of  such  property  or  income.  On  the  death  of  a 
recipient  of  old  age  assistance,  the  total  amount  of  assistance 
paid  under  this  chapter  shall  be  allowed  as  a  claim  against  the 
estate  of  such  person  after  payment  of  the  expenses  of 
administration,  the  necessary  charges  for  the  burial  of  the  de- 
ceased and  the  payment  of  claims  for  the  last  sickness  of  the 
deceased.  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  granted  said  recipient. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  101. 


AN  ACT  RELATIVE  TO  REQUIREMENTS  FOR  MANUFACTURE  OF 

ICE  CREAM. 

Be  it  enacted  by  the  Senate  and  Hcmse  of  Representativ'es  in 
General  Court  convened: 

1.  Sugar  Content.  Amend  paragraph  I  of  section  17  of 
chapter  164  of  the  Revised  Laws  by  striking  out  the  words 
"sugar  (sucrose)"  in  the  third  line  and  inserting  in  place 
thereof  the  words,   sugar,  dextrose,  invert  sugar   (paste  or 


90  Chapter  102  [1949 

syrup),  corn  syrup,  dried  corn  syrup,  maple  syrup,  maple 
sugar,  honey,  brown  sugar,  malt  syrup,  dried  malt  extract, 
molasses  (other  than  blackstrap),  so  that  said  paragi'aph  as 
amended  shall  read  as  follows:  I.  Ice  Cream.  Ice  cream 
shall  consist  of  the  pure,  clean,  frozen  product  containing  no 
other  substances  than  cream,  milk  or  other  suitable  milk 
products,  eggs,  sugar,  dextrose,  invert  sugar  (paste  or  syrup), 
corn  syrup,  dried  corn  syrup,  maple  syrup,  maple  sugar,  honey, 
brown  sugar,  malt  syrup,  dried  malt  extract,  molasses  (other 
than  blackstrap),  flavoring,  with  or  without  added  coloring, 
and  not  more  than  one  half  of  one  per  cent  of  wholesome  edible 
stabilizer.  It  shall  contain  not  less  than  fourteen  per  cent  of 
milk  fat,  except  that  in  the  case  of  ice  cream  prepared  with 
fruits,  fruit  juices,  nuts,  nut  products,  chocolate,  or  coffee, 
such  fat  content  shall  not  be  less  than  twelve  per  cent.  Ex- 
cepting in  the  case  of  sherbets  as  hereinafter  specified,  for  the 
purpose  of  this  section  the  words  "ice  cream"  shall  be  con- 
strued as  meaning  and  including  any  sweetened  and  flavored 
frozen  products  having  the  general  appearance  of  ice  cream 
and  in  the  preparation  of  which  a  substantial  amount  of  milk 
or  of  a  milk  product  has  been  incorporated,  regardless  of  the 
name  by  which  such  frozen  product  may  be  called  or  under 
which  it  may  be  sold,  kept  for  sale,  or  offered  for  sale.  Ice 
cream  shall  weigh  not  less  than  four  and  one-half  pounds  per 
gallon. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  102. 

AN  ACT  RELATIVE  TO  BIOLOGICALS. 

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

1.  State  Board  of  Health.  Amend  chapter  147  of  the  Re- 
vised Laws  by  striking  out  the  subdivision  entitled  antitoxin, 
being  sections  20,  21  and  22  of  said  chapter,  and  inserting  in 
place  thereof  the  following: 


1949]  Chapter  103  91 

Biologicals. 

20.  Purcliase,  Distribution.  The  state  board  of  health 
may  purchase  antitoxins,  other  serums,  vaccines  and  immuniz- 
ing agents  which  it  deems  advisable  in  the  interest  of  health 
and  may  distribute  the  same  free  of  charge. 

21.  Rules  and  Regulations.  The  state  board  of  health 
may  make  such  rules  and  regulations  as  it  may  deem  necessary 
for  the  free  distribution  of  biologicals  under  the  provisions  of 
the  preceding  section. 

22.  Penalty.  Any  person  selling  or  disposing  of  any 
biologicals  purchased  or  distributed  under  the  provisions  of 
this  subdivision,  for  personal  gain,  shall  be  fined  not  more  than 
fifty  dollars. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  103. 


AN  ACT  RELATING  TO  MARKING  HIGHWAYS  FOR  MOTOR  VEHICLE 

TRAVEL. 

Be  it  enacted  by  the  Seriate  and  Hou&e  of  Representatives  in 
General  Court  convened: 

1.  Motor  Vehicles.  Amend  chapter  119  of  the  Revised 
Laws  by  inserting  after  section  16  the  following  new  section: 
16-a.  Highway  Markings.  The  state  highway  commissioner 
and,  subject  to  his  approval,  the  selectmen  of  any  town  or 
board  of  mayor  and  aldermen  or  group  having  similar  powers 
of  any  city,  having  control  of  any  highway  may  order  such 
marking  of  highways  by  painted  lines  as  is  deemed  necessary 
to  the  safe  and  efficient  use  of  such  highway.  In  ordering  or 
approving  such  marking  the  highway  commissioner  insofar  as 
is  practicable  shall  conform  to  nationally  accepted  standards 
and  any  marking  of  the  highway  by  painted  lines  shall  prima 
facie  be  deemed  to  be  approved  or  ordered  by  the  highway 
commissioner.  No  operator  of  a  motor  vehicle  shall,  except 
in  emergency  while  proceeding  along  a  highway,  drive  any 
part  of  such  vehicle  to  the  left  of  nor  across  an  unbroken 


92  Chapter  104  [1949 

painted  line  marked  along  the  highway  by  order  of  or  with  the 
approval  of  the  highway  commissioner. 

2.     Takes   Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  104. 

AN  ACT  RELATING  TO  THE  GROSS  WEIGHT  OF  MOTOR  VEHICLES. 

Be  it  enacted  by  the  Senate  and  Hoii&e  of  Representatives  in 
General  Court  convened: 

1.  Gross  Weight  of  Motor  Vehicles.  Amend  section  37, 
chapter  119,  Revised  Laws,  as  amended  by  chapter  11  of  the 
Laws  of  1947,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  37.  Weight.  The  operation  on 
the  highways  of  this  state  of  the  following  is  hereby  pro- 
hibited : 

L  A  vehicle  having  two  axles  whose  gross  weight  in- 
cluding load  is  more  than  thirty  thousand  pounds. 

II.  A  vehicle  having  three  axles  except  as  hereinafter 
provided  whose  gross  weight  is  more  than  forty  thousand 
pounds. 

III.  A  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. 

IV.  A  combination  of  vehicle  and  trailer  or  semi-trailer 
whose  gross  weight  is  more  than  fifty  thousand  pounds,  pro- 
vided no  such  combination  shall  have  a  greater  gross  weight 
of  vehicle  and  load  than  the  manufacturer's  gi'oss  vehicle 
weight  rating  as  certified  to  the  commissioner  by  the  manu- 
facturer of  the  vehicle. 

2.  Application  of  Provisions.  Amend  chapter  119  of  the 
Revised  Laws  by  inserting  after  section  37  the  following  new 
sections:  37-a.  Exceptions.  The  provisions  of  section  37 
shall  not  prohibit  the  operation  of  road  rollers  used  in  the 
construction  or  maintenance  of  highways.  37-b.  Special 
Permits.     Any    person    wishing    to    move    objects    having   a 


1949]  Chapter  105  93 

weight,  width,  height  or  length  greater  than  prescribed  by  this 
chapter,  or  wishing  to  move  vehicle  and  load  of  which  the 
weight,  width,  height,  or  length  cannot  be  so  distributed  that 
it  will  meet  the  requirements  of  this  chapter,  may  apply  to  the 
highway  commissioner  for  a  permit  to  move  said  object  or  said 
vehicle  and  load  upon  a  highway.  The  highway  commissioner 
with  the  approval  of  the  motor  vehicle  commissioner  may 
grant  a  permit  for  the  moving  of  said  object  or  vehicle  and  load 
upon  a  specified  highway  and  at  a  specified  time  if  in  his 
opinion  it  will  not  be  detrimental  to  the  preservation  of  the 
said  highway  and  the  public  use  thereof.  Provided,  that  the 
applicant,  if  required  by  said  commissioners,  shall  file  a  bond 
to  cover  any  possible  damage  to  the  highways  or  to  the  bridges 
over  which  the  object  or  vehicle  and  load  to  be  moved  may 
pass  and  [shall]  to  fulfill  such  rules  and  regulations  as  may  be 
prescribed  by  said  commissioners;  and  further  provided  that 
the  state  highway  commissioner  or  the  motor  vehicle  commis- 
sioner may  require  a  hearing  before  granting  said  permit. 
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  provided  by 
section  7  of  chapter  107,  section  13  of  chapter  66,  and  section 
15  of  chapter  59. 

3.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  105. 


AN  ACT  RELATING  TO  LIMITATIONS  UPON  ACCOUNTS  OF 
BUILDING  AND  LOAN  ASSOCIATIONS. 

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

1.  Building  and  Loan  Associations.  Amend  chapter  314  of 
the  Revised  Laws  by  adding  after  section  8  the  following 
new  section :  8-a.  Limitations  upon  Accounts.  No  account 
established  under  the  preceding  section  may  at  any  time  be 
credited  with  shares  in  excess  of  twice  the  number  or  amount 


94  Chapter  106  [1949 

permitted  individuals  under  sections  5-b,  6,  32  and  35  of  this 
chapter.  A  person  shall  be  allowed  to  hold  shares  individu- 
ally in  accordance  with  said  sections  as  well  as  jointly,  but  in 
no  event  shall  the  total  number  and  amount  of  shares  standing 
in  his  name,  individually  or  jointly  in  any  one  co-operative 
bank  or  building  and  loan  association  at  the  same  time  exceed 
the  number  or  amount  permitted  hereunder  in  a  joint  account. 
Any  person,  however,  who  has  received  shares  in  a  co- 
operative bank  or  building  and  loan  association  by  inheritance 
or  devise  under  a  will,  or  by  the  right  of  survivorship  in  a  joint 
account,  may  continue  to  hold  such  shares  notwithstanding 
that  the  total  number  of  his  shares  thereby  becomes  greater 
than  the  limits  provided  in  this  section. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  24,  1949.] 


CHAPTER  106. 


AN  ACT  RELATING  TO  NAME  AND  SHARES  OF  BUILDING 
AND  LOAN  ASSOCIATIONS. 

Be  it  enacted  by  the  Seriate  and  Hoii^e  of  Representatives  in 
General  Court  convened: 

1.  Building  and  Loan  Associations.  Amend  section  3  of 
chapter  314  of  the  Revised  Laws  by  inserting  after  the  word 
"co-operative"  in  the  second  line  the  words,  bank  or,  so  that 
said  section  as  amended  shall  read  as  follows:  3.  Name. 
The  name  assumed  by  the  corporation  shall  indicate  that  it  is 
a  co-operative  bank  or  building  and  loan  association,  and  shall 
not  be  one  that  is  in  use  by  any  other  corporation.  It  shall  not 
be  changed  except  by  the  legislature. 

2.  Articles  of  Agreement.  Amend  chapter  314  of  the  Re- 
vised Laws  by  inserting  after  section  4  the  following  new 
section:  4-a.  Amendments  to  Articles.  The  articles  of 
agreement  may  be  changed  by  an  affirmative  vote  of  fifty-one 
per  cent  or  more  of  the  votes  cast  at  an  annual  or  special  meet- 
ing of  said  association  called  to  consider  such  action  and  with 
the  approval  of  the  bank  commissioner ;  and  such  changes  shall 
be  recorded  in  the  same  manner  as  the  original  articles  of  in- 
corporation. 


1949]  Chapter  106  95 

3.  Limitation.  Amend  section  5-b  of  chapter  314  of  the 
Revised  Laws  as  inserted  by  chapter  43  of  the  Laws  of  1947 
by  adding  at  the  end  thereof  the  words,  or  one  half  of  one  per 
cent  of  the  total  assets  of  said  association,  whichever  is  the 
greater,  so  that  said  section  as  amended  shall  read  as  follows: 
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  aggregate 
participation  value  exceeding  five  thousand  dollars,  or  one 
half  of  one  per  cent  of  the  total  assets  of  said  association, 
whichever  is  the  greater. 

4.  Prohibitory  Loans.  Amend  section  11  of  chapter  314 
of  the  Revised  Laws  by  inserting  after  the  word  "loan"  in  the 
third  line  the  words,  except  share  loans,  so  that  said  section  as 
amended  shall  read  as  follows:  11.  Loans  to  Officers  and 
Directors.  It  shall  make  no  loan  to  any  of  its  officers  or 
directors  nor  accept  any  of  its  officers  or  directors  as  surety, 
endorser,  or  guarantor  upon  any  loan  except  share  loans  unless 
all  of  the  directors  of  the  association  have  consented  thereto  in 
writing. 

5.  Shares.  Amend  section  31  of  chapter  314  of  the  Revised 
Laws  by  striking  out  the  words  "share  certificates"  in  the 
fourth  line  and  inserting  in  place  thereof  the  word,  shares; 
further  amend  by  striking  out  the  word  "certificates"  in  the 
ninth  line  and  inserting  in  place  thereof  the  word,  shares,  so 
that  said  section  as  amended  shall  read  as  follows :  31.  Issue. 
Whenever  shares  shall  mature  or  become  of  the  value  of  two 
hundred  dollars  each,  or  when  the  withdrawal  of  shares  is  en- 
forced, the  holder  thereof  may,  if  he  chooses,  and  at  the  option 
of  the  board  of  directors,  receive  paid-up  shares  in  denomi- 
nations of  two  hundred  dollars,  or  multiples  thereof,  bearing 
dividends  at  a  rate  not  to  exceed  five  per  cent  per  annum,  pay- 
able semi-annually,  for  such  sum  as  may  be  left  in  said  asso- 
ciation, which  dividends  shall  not  be  allowed  to  accumulate  be- 
yond the  time  of  payment,  but  shall  be  paid  semi-annually  to 
the  holder  of  such  shares. 

6.  Paid-up  Shares.  Amend  section  32  of  chapter  314  of 
the  Revised  Laws  by  striking  out  the  word  "twenty"  in  the 
first  line  and  inserting  in  place  thereof  the  word,  forty,  so  that 


96  Chapter  106  [1949 

said  section  as  amended  shall  read  as  follows:  32.  Amount. 
No  person  shall  hold  more  than  forty  paid-up  shares. 

7.  Notice.  Amend  section  33  of  chapter  314  of  the  Revised 
Laws  by  striking  out  the  words  "share  certificates"  in  the  first, 
fourth  and  fifth  lines  and  inserting  in  place  thereof  the  word, 
shares,  so  that  said  section  as  amended  shall  read  as  follows : 

33.  Withdrawal.  Any  holder  of  paid-up  shares  may  with- 
draw his  money  by  giving  at  least  thirty  days'  notice  thereof; 
but  the  board  of  directors  of  the  association  may,  if  necessary, 
refuse  to  use  more  than  one-half  of  the  funds  in  the  treasury 
for  that  purpose,  and  shall  pay  the  shares  in  the  order  in  which 
notices  of  withdrawal  are  received  as  fast  as  the  funds  in  the 
treasury  shall  permit. 

8.  Paid-up  Shares.  Amend  section  34  of  chapter  314  of 
the  Revised  Laws  by  striking  out  the  words  "share  certifi- 
cates" in  the  first  line  and  inserting  in  place  thereof  the  word, 
shares,  so  that  said  section  as  amended  shall  read  as  follows: 

34.  Retirement.  Paid-up  shares  may  be  paid  off  at  any  time 
at  the  option  of  the  board  of  directors. 

9.  Investment.  Amend  section  35  of  chapter  314  of  the 
Revised  Laws  as  amended  by  section  3,  chapter  7  of  the  Laws 
of  1943  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  35.  Investment  Shares.  For  the 
purpose  of  obtaining  funds  for  loans  on  New  Hampshire  homes 
such  associations  may  issue  investment  shares  bearing 
dividends  at  a  rate  not  to  exceed  five  per  cent  per  annum  pay- 
able semi-annually.  No  person  shall  hold  more  than  four 
thousand  dollars  in  these  shares.  Investment  shares  may  be 
withdrawn  or  retired  under  the  same  conditions  as  provided 
for  paid-up  shares  by  sections  33  and  34. 

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

[Approved  March  24,  1949.] 


1949]  Chapters  107,  108  97 

CHAPTER  107. 

AN  ACT  RELATING  TO  THE  TENURE  AND  BOND  OF  THE 
STATE  TREASURER. 

Be  it  e7iacted  by  the  Senate  and  Hous^e  of  Representatives  in 
General  Court  convened: 

1.  State  Treasurer.  Amend  section  1  of  chapter  22  of  the 
Revised  Laws  by  adding  at  the  end  thereof  the  words,  and  shall 
hold  office  until  a  successor  is  elected,  so  that  said  section  as 
amended  shall  read  *as  follows:  1.  Election.  The  state 
treasurer  shall  be  chosen  biennially  in  the  manner  directed  in 
the  constitution  and  shall  hold  office  until  a  successor  is  elected. 

2.  Holding  Over.  Amend  section  2  of  chapter  22  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  2.  Bond.  Before  entering  up- 
on the  duties  of  his  office  he  shall  give  bond  in  the  sum  of  fifty 
thousand  dollars,  with  sufficient  sureties,  to  be  approved  by 
the  governor  and  council,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office,  which  bond  shall  be  deposited 
and  safely  kept  in  the  office  of  the  secretary.  Upon  the  failure 
of  the  legislature  to  elect  a  state  treasurer  on  the  first 
Wednesday  of  the  biennium  the  state  treasurer  previously 
elected  shall  give  a  new  bond  in  the  sum  of  fifty  thousand 
dollars  with  sureties,  to  be  approved  by  the  governor  and 
council,  which  bond  shall  be  conditioned  upon  the  satisfactory 
discharge  of  the  duties  of  said  office  until  a  successor  is  elected, 
and  shall  be  deposited  and  safely  kept  in  the  office  of  the  secre- 
tary of  state. 

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

[Approved  March  24,  1949.] 


CHAPTER  108. 


AN  ACT  PROVIDING  FOR  A  COST  OF  LIVING  BONUS  FOR  STATE 

EMPLOYEES. 

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

1.     Cost  of  Living  Bonus  Temporarily  Granted.     In  con- 
sideration of  the  rise  in  the  cost  of  living,  all  state  employees 


98  Chapter  108  [1949 

and  officials  in  state  service  as  of  the  date  of  the  passage  of 
this  act,  other  than  the  members  of  boards,  commissions  or 
committees  paid  on  a  per  diem  basis,  regularly  employed  in  the 
state  service,  are  hereby  granted  a  temporary  bonus  to  take 
effect  as  of  July  1,  1948,  and  to  continue  until  June  30,  1949. 

2.  Computation  of  Amount.  The  temporary  bonus  pro- 
vided for  in  section  1  shall  be  three  hundred  dollars.  Said 
amount  shall  not  be  subject  to  retirement  deductions.  Pro- 
vided, further,  that  in  the  case  of  persons  who  have  entered  the 
state  service  subsequent  to  July  1,  194$,  the  bonus  shall  be  a 
pro  rata  part  of  the  temporary  bonus  based  upon  length  of 
service. 

3.  Payment  to  Estates.  The  estates  of  those  employees, 
as  defined  above,  who  were  employed  on  July  1,  1948,  and  who 
have  since  died,  shall  be  paid  a  pro  rata  portion  of  three  hun- 
dred dollars  from  July  1,  1948  to  the  date  of  death  of  the  em- 
ployee. 

4.     Appropriation.     For  the  purpose  of  providing  funds 

necessary  for  the  additional  temporary  bonus,  there  is  hereby 

appropriated  the  sum  of  $1,008,300.     Of  said  sum,  the  sum  of 

$683,700  shall  be  a  charge  upon  the  general  funds  of  the  state 

and  the  balance  shall  be  a  charge  upon  special  funds  as  follows : 

Fish  and  game  fund  $33,600 

Hairdressers'  board  special  fund  300 

Highway  funds  247,500 

Motor  vehicle  funds  22,500 

Mt.  Sunapee  tramway  special  fund  5,400 

Cannon  Mt.  tramway  funds  10,200 

Prison  industries  funds  5,100 


$324,600 
The  governor  is  authorized  to  draw  his  warrant  upon  said 
funds  for  the  payments  necessary  to  provide  the  bonus  hereby 
authorized. 

5.  Method  of  Payment.  Each  employee  shall  receive  a  pro 
rata  portion  of  his  three  hundred  dollars  in  one  lump  sum 
calculated  from  July  1,  1948,  to  the  date  of  passage  of  this  act, 
and  from  that  date  until  June  30,  1949,  shall  receive  a  separate 
check  each  month  for  twenty-five  dollars  with  any  pro  rata 
amount  from  the  date  of  the  passage  of  the  act  to  the  first  of 
the  following  month  added  to  the  first  check. 


1949]  Chapter  109,  110  99 

6.    Takes    Effect.      This    act    shall    take    effect    upon   its 
passage. 
[Approved  March  24,  1949.] 


CHAPTER  109. 


an  act  relating  to  changing  the  name  of  long  pond  in 

Mollis. 

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

1.  Name  Changed.  The  body  of  water  in  the  town  of  Holhs 
in  the  county  of  Hillsborough  now  known  as  Long  pond  shall 
hereafter  be  known  as  Silver  lake. 

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

[Approved  March  30,  1949.] 


CHAPTER  110. 


AN  ACT  RELATING  TO  ZONING    IN    TOWNS. 

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

1.  Enactment.  Amend  section  53  of  chapter  51  of  the  Re- 
vised Laws  by  adding  at  the  end  thereof  the  words,  provided, 
however,  that  in  cases  where  the  legislative  body  is  a  town 
meeting  notices  and  hearings  as  provided  in  the  two  preceding 
sentences  shall  not  be  required  if  the  warrant  for  the  town 
meeting  at  which  the  matter  is  to  be  considered  shall  contain 
an  article  stating  what  regulations,  restrictions  and  boundaries 
are  to  be  acted  upon,  so  that  said  section  as  amended  shall  read 
as  follows :  53.  Method  of  Enactment.  The  legislative  body 
of  such  municipality  shall  provide  for  the  manner  in  which 
such  regulations  and  restrictions  and  the  boundaries  of  such 
districts  shall  be  determined,  established  and  enforced,  and 
from  time  to  time  amended.  No  such  regulation,  restriction 
or  boundary  shall  become  effective  or  be  altered  until  after  a 


100  Chapter  111  [1949 

public  hearing  in  relation  thereto,  at  which  parties  in  interest 
and  citizens  shall  have  an  opportunity  to  be  heard.  At  least 
fifteen  days'  notice  of  the  time  and  place  of  such  hearing  shall 
be  published  in  a  paper  of  general  circulation,  in  such  munici- 
pality; provided,  however,  that  in  cases  where  the  legislative 
body  is  a  town  meeting  notices  and  hearings  as  provided  in  the 
two  preceding  sentences  shall  not  be  required  if  the  warrant 
for  the  town  meeting  at  which  the  matter  is  to  be  considered 
shall  contain  an  article  stating  what  regulations,  restrictions 
and  boundaries  are  to  be  acted  upon. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  30,  1949.] 


CHAPTER  111. 

AN  ACT  RELATIVE  TO  THE  PRACTICE  OF  OPTOMETRY. 

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

1.  Revocation  of  Certificate.  Amend  section  22,  chapter 
253,  Revised  Laws,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  22.  Causes.  The  board, 
after  hearing,  may  refuse  to  issue  a  license,  or  may  revoke  any 
license  issued  under  this  act,  if  the  licensee  has  been  found 
guilty  of  any  fraud  in  obtaining  his  certificate  or  in  the  practice 
of  optometry,  has  been  convicted  of  crime,  is  an  habitual 
drunkard,  is  incompetent  to  practice  optometry,  or  has  been 
guilty  of  unprofessional,  dishonorable  or  immoral  conduct;  or 
if  the  licensee  in  advertising  his  business  has  included  in  any 
newspaper,  radio,  display  sign  or  other  advertisement  any 
statement  of  a  character  tending  to  deceive  or  mislead  the 
public;  or  in  advertising  has  included  any  statement  claiming 
professional  superiority ;  or  has  advertised  in  any  way  the  per- 
formance of  professional  services  in  a  superior  manner;  or 
has  advertised  definite  or  fixed  prices  for  services  and  materials 
when  the  nature  of  the  professional  service  rendered  and  the 
materials  required  must  be  variable;  or  has  advertised  by 
means  of  signs  or  printed  advertisements  or  show  cases  con- 


1949]  Chapter  112  101 

taining  the  representation  of  glasses,  or  photographs  of  any 
person  or  has  continued  to  practice  without  annual  registra- 
tion. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  30,  1949.] 


CHAPTER  112. 


AN  ACT  RELATING  TO  VOLUNTARY  COMMITMENT  OF  PATIENTS  TO 
THE  STATE  HOSPITAL. 

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

1.  Patients  at  State  Hospital.  Amend  chapter  17  of  the 
Revised  Laws  by  striking  out  section  19  and  inserting  in  place 
thereof  the  following:     19.    Voluntary  Commitment;  Penalty. 

Pursuant  to  rules  and  regulations  established  by  the  superin- 
tendent of  the  state  hospital,  the  state  hospital  may  receive 
and  detain  therein  as  a  patient  any  person  suitable  for  care 
and  treatment,  who  voluntarily  makes  written  application 
therefor  on  a  form  prescribed  by  the  superintendent,  or  if  such 
person  be  under  twenty-one  years  of  age  such  written  appli- 
cation shall  be  made  by  the  parent  or  legal  guardian  or  person 
standing  in  loco  parentis  of  such  person.  In  the  discretion  of 
the  superintendent  of  the  state  hospital  such  patient  may  be 
detained  for  the  purpose  of  care  and  treatment  until  fifteen 
days  after  receipt  of  notice  in  writing  from  such  patient  of  his 
intention  or  desire  to  leave  the  state  hospital,  or  if  such  patient 
be  under  twenty-one  years  of  age,  until  fifteen  days  after 
receipt  of  notice  in  writing,  stating  such  intention  or  desire 
of  the  parent  or  legal  guardian  or  person  standing  in  loco 
parentis  of  such  patient;  provided,  how^ever,  that  such  notice 
in  writing  shall  in  no  event  effect  a  release  of  such  patient  un- 
til sixty  days  from  his  admission  to  the  state  hospital.  The 
charges  for  the  support  of  such  patient  at  the  state  hospital 
shall  be  governed  by  the  provisions  for  the  support  of  an  in- 
sane person  therein  if  the  written  approval  of  the  commission 
of  mental  health  shall  be  obtained.     Any  person  violating  the 


102  Chapter  113  [1949 

provisions  of  this  or  the  preceding  sections  shall  be  fined  not 
more  than  one  hundred  dollars. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  March  30,  1949.] 


CHAPTER  113. 

AN  ACT  RELATIVE  TO  REGISTRATION  OF  MOTOR  VEHICLES. 

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

1.  Motor  Vehicle  Registration.  Amend  section  1  of  chap- 
ter 116  of  the  Revised  Laws  as  amended  by  section  1,  chapter 
44,  Laws  of  1945,  by  inserting  after  the  word  "maker"  in  the 
ninth  line  the  words,  the  motor  number,  so  that  said  section 
as  amended  shall  read  as  follows:  1.  Application.  Appli- 
cation for  the  registration  of  motor  vehicles  may  be  made  by 
the  owner  thereof  by  mail  or  otherwise  to  the  commissioner, 
upon  blanks  prepared  under  his  authority.  The  application 
shall  contain,  in  addition  to  such  other  particulars  as  may  be 
required  by  the  commissioner,  a  statement  of  the  name,  resi- 
dence, and  street  address  of  the  applicant,  with  a  brief  de- 
scription of  the  motor  vehicle,  including  the  name  of  the 
maker,  the  number,  if  any,  affixed  by  the  maker,  the  motor 
number,  and  the  character  of  the  motor  power.  Such  appli- 
cation shall  contain  the  words,  "This  application  is  signed 
under  penalty  of  perjury."  The  proper  fee  shall  be  deposited 
before  the  application  is  granted. 

2.  Takes  Effect.     This  act  shall  take  effect  April  1,  1950. 
[Approved  March  30,  1949.] 


1949]  Chapter  114  103 

CHAPTER  114. 

AN  ACT  RELATIVE  TO  OPERATION  OF  MOTOR  VEHICLES  WHEN 

APPROACHING  SCHOOL  BUSSES,  SCHOOL  BUS  SIGNS  AND 

STOP  SIGNALS. 

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

1.  Operation  of  Motor  Vehicles.  Amend  chapter  119  of  the 
Revised  Laws  by  adding  after  section  21  the  following  new 
section:     21-a.    Overtaking   and    Passing    School    Bus.     The 

driver  of  a  motor  vehicle  upon  a  highway  upon  meeting  or 
overtaking  from  either  direction  any  school  bus  displaying 
flashing  red  lights  which  has  stopped  on  the  highway  for  the 
purpose  of  receiving  or  discharging  any  school  children  shall 
stop  his  motor  vehicle  before  reaching  such  school  bus  and 
shall  not  proceed  until  such  school  bus  resumes  motion,  or  un- 
til flashing  red  lights  cease  to  operate,  or  until  signalled  by  its 
driver  to  proceed. 

2.  When  Signs  to  be  Covered.  Amend  section  13  of 
chapter  119  of  the  Revised  Laws  by  adding  at  the  end  thereof 
the  following:  When  a  school  bus  is  being  operated  upon  a 
highway  for  purposes  other  than  the  transportation  of  school 
children,  all  designating  marks  thereon  indicating  school  bus 
shall  be  covered  or  concealed,  so  that  said  section  as  amended 
shall  read  as  follows:  13.  School  Busses.  No  motor  vehicle 
used  for  the  purpose  of  transporting  school  children  shall  be 
operated  upon  the  highways  of  the  state  unless  it  carries  the 
designation  "School  Bus"  in  a  conspicuous  place  in  the  rear 
thereof  in  lettering  not  less  than  six  inches  in  height,  and  has 
such  other  distinguishing  marks  as  the  commissioner  may 
prescribe.  When  a  school  bus  is  being  operated  upon  a  highway 
for  purposes  other  than  the  transportation  of  school  children, 
all  designating  marks  thereon  indicating  school  bus  shall  be 
covered  or  concealed. 

3.  Required  Equipment.  Amend  chapter  119  of  the  Re- 
vised Laws  by  inserting  after  section  13  the  following  new 
section:  13-a.  Stop  Signals.  The  motor  vehicle  commis- 
sioner may  issue  regulations  requiring  certain  school  busses  to 
be  equipped  with  four  automatic  flasher-type  stop  lights,  two 
of  which  shall  be  located  on  the  front  and  two  of  which  shall 


104  Chapter  115  [1949 

be  located  in  the  rear.  Said  stop  lights  shall  be  of  such  types 
and  designs  as  approved  by  said  commissioner.  No  school  bus 
shall  be  operated  upon  the  highways  of  the  state  which  does 
not  carry  the  equipment  which  may  be  required  by  the  motor 
vehicle  commissioner  under  the  provisions  of  this  section. 

4.  Notification  to  Commissioner.  Amend  section  14-a  of 
chapter  119  of  the  Revised  Laws  as  inserted  by  chapter  90  of 
the  Laws  of  1945  by  adding  after  the  word  "certify"  in  the 
tenth  line  the  words,  and  shall  notify  the  motor  vehicle  com- 
missioner of  said  certification,  so  that  said  section  as  amended 
shall  read  as  follows:  14-a.  Operator  of  School  Bus.  The 
owner  of  any  motor  vehicle  transporting  ten  or  more  school 
children  to  any  public  school  shall  submit  to  the  school  board 
in  the  town  or  city  which  pays  for  said  transportation  a  list 
of  the  names  of  the  persons  who  are  to  operate  the  busses  to 
be  used  in  such  transportation.  Such  board  shall  make  an  in- 
vestigation as  to  the  motor  vehicle  operator's  record,  character 
and  responsibility  of  each  such  person  and  if  it  finds  him 
qualified  to  bear  the  responsibility  of  the  transportation  of 
such  children  shall  so  certify,  and  shall  notify  the  motor 
vehicle  commissioner  of  said  certification.  Such  board  may  re- 
voke any  such  certificate  for  just  cause. 

5.     Takes  Effect.     This  act  shall  take  efl:ect  September  1, 
1949. 
[Approved  March  30,  1949.] 


CHAPTER  115. 


AN  ACT  DESIGNATING  ROUTE  NO.  4  AND  THE  NEW  TOLL  ROAD 
CONNECTING  ROUTE  NO.  1  IN  MAINE  WITH  ROUTE  NO.  1 

IN  Massachusetts  as  the  Blue  Star  Memorial 

HIGHWAY. 

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

1.  Highway  Designated.  The  United  States  route  No.  4 
and  the  new  toll  road,  connecting  United  States  route  No.  1  in 
Maine  with  United  States  route  No  1  in  Massachusetts,  shall 
be   designated   as   the   Blue    Star   Memorial    highway   as   a 


1949]  Chapter  116  105 

memorial  in  commemoration  of  the  services  of  the  men  and 
women  of  this  state  who  served  in  the  armed  forces  of  the 
United  States  in  World  War  II  and  the  state  highway  commis- 
sioner shall  file  with  the  secretary  of  state  a  description  of  the 
particular  sections  of  United  States  highway  No.  4,  and  of 
the  new  toll  road,  so  designated  as  the  Blue  Star  Memorial 
highway;  and  shall  cause  to  be  erected  along  said  highway 
suitable  markers. 

2.     Takes   Effect.      This    act   shall    take    effect   upon   its 
passage. 
[Approved  March  30,  1949.] 


CHAPTER  116. 


an  act  relative  to  taking  salmon  and  aureolus  in 
Lake  Sunapee. 

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

1.  Aureolas  and  Salmon.  Aureolus  and  salmon  may  be 
taken  from  Sunapee  lake  from  April  first  to  May  first  by 
trolling  only,  may  be  taken  from  said  lake  from  May  first  to 
August  thirty-first  in  the  usual  legal  manner  and  during  the 
month  of  September  by  the  use  of  artificial  flies  only. 

2.  Application  of  Statutes.  Such  parts  of  sections  4,  7,  9, 
and  22  of  chapter  245  of  the  Revised  Laws  as  amended  by  regu- 
lations adopted  by  the  director  of  the  fish  and  game  as  may  be 
inconsistent  with  this  act  are  hereby  repealed  to  the  extent  of 
such  inconsistencies.  Except  as  otherwise  provided  herein  all 
laws  relative  to  taking  salmon  and  aureolus  under  the  pro- 
visions of  the  fish  and  game  laws  shall  apply  to  the  taking  of 
salmon  and  aureolus  from  Lake  Sunapee  hereunder. 

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

[Approved  March  31,  1949.] 


106  Chapter  117  [1949 

CHAPTER  117. 

AN  ACT  RELATIVE  TO  MILEAGE  ALLOWANCES  FOR  MEMBERS 
OF  THE  LEGISLATURE. 

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

1.  Mileage,  Amend  section  15,  chapter  9,  Revised  Laws, 
as  amended  by  chapter  14,  Laws  of  1943,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  15. 
Travel.  A  member  of  the  general  court  shall  be  allowed  for 
mileage  per  mile  of  the  round  trip  to  and  from  his  residence 
each  day  of  attendance  at  the  following  rates,  for  the  first 
forty-five  miles  thereof  ten  cents  per  mile,  for  the  next  twenty- 
five  miles  eight  cents  per  mile,  for  the  next  twenty-five  miles 
six  cents  per  mile,  and  for  all  miles  in  excess  of  ninety-five 
miles  five  cents  per  mile.  In  case  said  round  trip  is  less  than 
one  mile,  the  mileage  allowance  shall  be  computed  on  the  basis 
of  one  mile.  Each  member  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  mile- 
age for  the  day  he  is  so  absent. 

2.  Distance.  Amend  section  16,  chapter  9,  Revised  Laws, 
as  amended  by  chapter  14,  Laws  of  1943,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  16. 
Computation  of  Distance.  The  distance  traveled  shall  be  com- 
puted by  the  nearest  improved  highway.  The  committee  on 
mileage  shall  determine  said  distance  and  the  amount  of 
mileage  to  be  allowed  each  member. 

3.  Attaches.  Amend  section  17,  chapter  9,  Revised  Laws, 
as  amended  by  chapter  214,  Laws  of  1943,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  17. 
Employees.  Officers  and  employees  of  the  senate  and  house  of 
representatives  shall  be  allowed  such  mileage  as  state  em- 
ployees are  allowed. 

4.  Takes  Effect.  This  act  shall  take  effect  as  of  January  1, 
1949;  provided  that  no  member  of  the  general  court  shall  be 
entitled  to  additional  mileage  for  the  period  from  January  1 


1949]  Chapters  118,  119  107 

to  the  date  of  the  approval  of  this  act  unless  the  committee  on 
mileag-e  shall  be  satisfied  as  to  his  actual  attendance  during 
said  period. 
[Approved  April  5,  1949.] 


CHAPTER  118. 

AN  ACT  RELATING  TO  DRAINAGE  INTO  HIGHWAYS. 

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

1.  Discharges.  Amend  chapter  165  of  the  Revised  Laws 
by  adding  after  section  13  the  following  new  section:  13-a. 
Drainage.  No  person  shall  discharge,  leave,  or  cause  to  be 
discharged  or  left,  within  the  limits  of  any  public  highway,  any 
drainage  or  discharges  from  any  privy,  toilet,  sink  drain,  cess- 
pool or  septic  tank,  when  such  discharges  or  matter  may 
enter  or  pass  through  any  open  highway  ditch  or  drainage 
structure  constructed  and  maintained  for  highway  drainage 
purposes.  It  shall  be  the  duty  of  the  highway  commissioner 
or  selectmen  who  have  control  over  such  highways  to  report  all 
violations  of  this  section  to  the  local  or  state  health  author- 
ities. Any  person  neglecting  or  refusing  to  comply  with  the 
provisions  of  this  section  shall  be  fined  not  more  than  ten 
dollars  for  each  day  of  neglect  or  refusal,  after  notice  as  pro- 
vided in  section  4. 

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

[Approved  April  5,  1949.] 


CHAPTER  119. 

AN  ACT  RELATIVE  TO  INSURANCE  RATING  ORGANIZATIONS. 

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

1.     Insurance  Rating  Organizations.     Amend  chapter  186 
of  the  Revised  Laws  by  inserting  after  section  1  the  following 


108  Chapter  120  [1949 

new  section:  1-a.  Exemption.  The  provisions  of  section  1 
shall  not  apply  to  rating  organizations,  advisory  organizations, 
or  any  group,  association  or  other  organization  of  insurers 
which  engage  in  joint  underwriting  or  joint  reinsurance  which 
are  referred  to  in,  and  subject  to  the  provisions  of,  chapter 
329-A  of  the  Revised  Laws  as  inserted  by  chapter  235  of  the 
Laws  of  1947. 

2.     Takes   Effect.      This   act   shall   take    effect   upon   its 
passage. 
[Approved  April  5,  1949.] 


CHAPTER  120. 


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  Bonds  and  Notes.  Amend  section  3,  chapter 
72  of  the  Revised  Laws,  as  amended  by  chapter  5  of  the  Laws 
of  1947,  by  striking  out  the  same  and  inserting  in  place  there- 
of 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  pro- 
vided 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,  by  more 
than  one  per  cent  of  the  principal  of  the  entire  debt.  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,  recon- 
struction or  enlargement  of  water  works  and  systems,  sewer- 
age 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 


1949]  Chapters  121,  122  109 

interest  on  all  debts  shall,  without  vote  of  the  municipality  or 
county,  be  annually  assessed  and  collected. 

2.     Takes   Effect.      This   act   shall    take   effect    upon   its 
passage. 
[Approved  April  5,  1949.] 


CHAPTER  121. 

AN  ACT  RELATIVE  TO  PROHIBITED  MARRIAGES. 

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

1.  Prohibitions.  Amend  section  10  of  chapter  338  of  the 
Revised  Laws  by  adding-  at  the  end  thereof  the  words,  unless 
permitted  by  the  state  department  of  health,  so  that  said 
section  as  amended  shall  read  as  follows:  10.  Marriage. 
No  woman  under  the  age  of  forty-five  years,  or  man  of  any 
age,  —  except  he  marry  a  woman  over  the  age  of  forty-five 
years,  —  either  of  whom  is  epileptic,  imbecile,  feeble-minded, 
idiotic  or  insane,  shall  hereafter  intermarry  or  marry  any 
other  person  within  this  state  unless  permitted  by  the  state 
department  of  health. 

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

[Approved  April  5,  1949.] 


CHAPTER  122. 

AN  ACT  TO  DISSOLVE  CERTAIN  RAILROAD  CORPORATIONS. 

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

1.     Corporations   Dissolved.      The   following-named   corpo- 
rations are  hereby  dissolved: 

I.  Boston,  Concord  and  Montreal  Railroad,  a  corporation 
created  under  the  provisions  of  chapter  191  of  the  Laws  of 
1844  as  amended  by  chapter  558  of  the  Laws  of  1847,  chapter 
1033  of  the  Laws  of  1850,  chapter  1177  of  the  Laws  of  1851, 


110  Chapter  122  [1949 

chapter  1259  of  the  Laws  of  1852,  chapter  1900  of  the  Laws  of 
1856,  chapter  69  of  the  Laws  of  1869,  chapter  77  of  the  Laws 
of  1871,  chapter  101  of  the  Laws  of  1872,  chapter  110  of  the 
Laws  of  1879,  chapter  152  of  the  Laws  of  1885,  chapter  232  of 
the  Laws  of  1887,  chapter  5  of  the  Laws  of  1889,  chapter  46  of 
the  Laws  of  1889,  chapter  3  of  the  Laws  of  1891,  chapter  178 
of  the  Laws  of  1895,  chapter  186  of  the  Laws  of  1899,  chapter 
151  of  the  Laws  of  1905  and  chapter  367  of  the  Laws  of  1917. 

11.  Brookhne  RaUroad,  a  corporation  created  under  the 
provisions  of  chapter  74  of  the  Laws  of  1871. 

IIL  Brookline  Raih-oad  Company,  a  corporation  created 
under  the  provisions  of  chapter  233  of  the  Laws  of  1891. 

IV.  Brookhne  &  Milford  Railroad  Company,  a  corpo- 
ration created  under  the  provisions  of  chapter  165  of  the  Laws 
of  1893. 

V.  Concord  and  Claremont  Railroad,  a  corporation 
created  under  the  provisions  of  chapter  659  of  the  Laws  of 
1848  as  amended  by  chapter  1034  of  the  Laws  of  1850,  chapter 
1035  of  the  Laws  of  1850,  chapter  1173  of  the  Laws  of  1851, 
chapter  1347  of  the  Laws  of  1852  (enacted  January  8,  1853), 
chapter  95  of  the  Laws  of  1875,  chapter  179  of  the  Laws  of 
1881,  chapter  198  of  the  Laws  of  1887,  chapter  5  of  the  Laws 
of  1889. 

VL  The  Concord  &  Montreal  Railroad,  a  corporation 
created  under  the  provisions  of  chapter  5  of  the  Laws  of  1889 
as  amended  by  chapter  46  of  the  Laws  of  1889,  chapter  3  of 
the  Laws  of  1891,  chapter  178  of  the  Laws  of  1895,  chapter 
186  of  the  Laws  of  1899,  chapter  151  of  the  Laws  of  1905  and 
chapter  367  of  the  Laws  of  1917. 

VIL  Connecticut  River  Railroad  Company,  a  corporation 
created  under  the  provisions  of  chapter  661  of  the  Laws  of 
1848  as  amended  by  chapter  775  of  the  Laws  of  1848,  chapter 
910  of  the  Laws  of  1849,  chapter  243  of  the  Laws  of  1903, 
chapter  337  of  the  Laws  of  1911  and  chapter  367  of  the  Laws 
of  1917. 

VIIL  Contoocook  Valley  Railroad,  a  corporation  created 
under  the  provisions  of  chapter  660  of  the  Laws  of  1848  as 
amended  by  chapter  1178  of  the  Laws  of  1851  and  chapter  1914 
of  the  Laws  of  1856. 

IX.  Contoocook  River  Railroad,  a  corporation  created 
under  the  provisions  of  chapter  1914  of  the  Laws  of  1856  as 


1949]  Chapter  122  111 

amended  by  chapter  2168  of  the  Laws  of  1858,  chapter  2169 
of  the  Laws  of  1858  and  chapter  4315  of  the  Laws  of  1866. 

X.  Dover  and  Winnipissiogee  Raih'oad,  a  corporation 
created  under  the  provisions  of  chapter  18  of  the  Laws  of  1839 
as  amended  by  chapter  2678  of  the  Laws  of  1862,  chapter  2793 
of  the  Laws  of  1863,  chapter  309  of  the  Laws  of  1887  and 
chapter  5  of  the  Laws  of  1889. 

XL  Kilkenny  Lumber  Company  Railway,  a  corporation 
created  under  the  provisions  of  chapter  199  of  the  Laws  of 
1887  as  amended  by  chapter  189  of  the  Laws  of  1891. 

XII.  Lake  Shore  Railroad,  a  corporation  created  under 
the  provisions  of  chapter  214  of  the  Laws  of  1883  as  amended 
by  chapter  221  of  the  Laws  of  1887  and  by  chapter  5  of  the 
Laws  of  1889. 

XIIL  Nashua  and  Rochester  Railroad,  a  corporation 
created  under  the  provisions  of  chapter  89  of  the  Laws  of  1867 
as  amended  by  chapter  110  of  the  Laws  of  1868,  chapter  25  of 
the  Laws  of  1870,  chapter  75  of  the  Laws  of  1871,  chapter  139 
of  the  Laws  of  1873,  chapter  125  of  the  Laws  of  1879,  chapter 
239  of  the  Laws  of  1883,  chapter  272  of  the  Laws  of  1889, 
chapter  245  of  the  Laws  of  1893  and  chapter  159  of  the  Laws 
of  1895. 

XIV.  The  Peterborough  and  Hillsborough  Railroad,  a 
corporation  created  under  the  provisions  of  chapter  77  of  the 
Laws  of  1869,  as  amended  by  chapter  103  of  the  Laws  of  1872, 
chapter  159  of  the  Laws  of  1876  and  chapter  5  of  the  Laws  of 
1889. 

XV.  Peterborough  and  Shirley  Railroad  Company,  a 
corporation  created  under  the  provisions  of  chapter  393  of  the 
Laws  of  1846,  as  amended  by  chapter  1350  of  the  Laws  of  1853, 
chapter  2161  of  the  Laws  of  1858  and  chapter  2558  of  the  Laws 
of  1861. 

XVI.  Portsmouth  and  Concord  Railroad,  a  corporation 
created  under  the  name  of  Portsmouth,  Newmarket  and  Con- 
cord Railroad  under  the  provisions  of  chapter  286  of  the  Laws 
of  1845,  which  became  Portsmouth  and  Concord  Railroad  after 
uniting  with  Portsmouth,  Newmarket  and  Exeter  Railroad  in 
accordance  with  section  10  of  the  Act  of  Incorporation,  which 
said  act  was  amended  by  chapter  451  of  the  Laws  of  1846, 
chapter  665  of  the  Laws  of  1848,  chapter  1036  of  the  Laws  of 
1850,  chapter  1037  of  the  Laws  of  1850,  chapter  1350  of  the 


112        ■  Chapter  122  [1949 

Laws  of  1853,  chapter  1485  of  the  Laws  of  1853  and  chapter 
1777  of  the  Laws  of  1855. 

XVIL  Portsmouth,  Newmarket  and  Exeter  Raih'oad,  a 
corporation  created  under  the  provisions  of  chapter  287  of  the 
Laws  of  1845. 

XVIII.  Profile  and  Franconia  Notch  Railroad,  a  corpo- 
ration created  under  the  provisions  of  chapter  128  of  the  Laws 
of  1878  as  amended  by  chapter  220  of  the  Laws  of  1883, 
chapter  5  of  the  Laws  of  1889  and  chapter  202  of  the  Laws  of 
1891. 

XIX.  Saco  Valley  Railroad,  a  corporation  created  under 
the  provisions  of  chapter  260  of  the  Laws  of  1891. 

XX.  Sugar  River  Railroad,  a  corporation  created  under 
the  provisions  of  chapter  1772  of  the  Laws  of  1855,  as  amended 
by  chapter  79  of  the  Laws  of  1869. 

XXI.  Sullivan  Railroad  Company,  a  corporation  created 
under  the  provisions  of  chapter  395  of  the  Laws  of  1846  as 
amended  by  chapter  555  of  the  Laws  of  1847,  chapter  1044  of 
the  Laws  of  1850,  chapter  1781  of  the  Laws  of  1855,  chapter 
1793  of  the  Laws  of  1855  and  chapter  4328  of  the  Laws  of 
1866. 

XXII.  Tilton  &  Belmont  Railroad,  a  corporation  created 
under  the  provisions  of  chapter  229  of  the  Laws  of  1883  as 
amended  by  chapter  5  of  the  Laws  of  1889  and  chapter  194  of 
the  Laws  of  1889. 

XXIII.  The  West  Amesbury  Branch  Railroad,  a  corpo- 
ration created  under  the  provisions  of  chapter  72  of  the  Laws 
of  1868  as  amended  by  chapter  99  of  the  Laws  of  1872  and 
chapter  5  of  the  Laws  of  1889. 

XXIV.  White  Mountains  Railroad,  a  corporation  created 
under  the  provisions  of  chapter  772  of  the  Laws  of  1848  as 
amended  by  chapter  1735  of  the  Laws  of  1855  and  chapter  2019 
of  the  Laws  of  1857. 

XXV.  Whitefield  and  Jefferson  Railroad,  a  corporation 
created  under  the  provisions  of  chapter  130  of  the  Laws  of 
1878  as  amended  by  chapter  127  of  the  Laws  of  1879,  chapter 
172  of  the  Laws  of  1887,  chapter  251  of  the  Laws  of  1895  and 
chapter  5  of  the  Laws  of  1889. 

XXVI.  The  Wolfeborough  Railroad,  a  corporation 
created  under  the  provisions  of  chapter  82  of  the  Laws  of  1868 
as  amended  by  chapter  5  of  the  Laws  of  1889. 


1949]  Chapters  123,  124  113 

2.     Takes   Effect.      This   act   shall   take   effect    upon   its 
passage. 
[Approved  April  5,  1949.] 


CHAPTER  123. 


AN  ACT  RELATING  TO  THE  FELLING  OF  TREES  ON 
BOUNDARY  LINES. 

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

1.  Adjacent  Land  Owner.  Amend  section  51  of  chapter 
233  of  the  Revised  Laws  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  51.  Felling  Trees 
Adjacent  to  Another's  Land.  When  cutting  is  done  adjacent 
to  the  land  of  another  the  trees  shall  be  felled  away  from,  and 
not  toward,  the  property  line  of  the  abutting  owner,  so  that 
the  slash  from  said  trees,  when  on  the  ground,  shall  be  at  least 
twenty-five  feet  from  the  property  line. 

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

[Approved  April  5,  1949.] 


CHAPTER  124. 

AN  ACT  RELATING  TO  PENALTY  IN  REGISTRATION  OF  SAW  MILLS 
AND  BRUSH  DISPOSAL. 

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

1.  Continued  Offense.  Amend  section  69  of  chapter  233  of 
the  Revised  Laws  by  adding  at  the  end  of  said  section  the 
words,  for  the  first  thirty-day  period  and  for  each  subsequent 
thirty-day  period  or  part  thereof  not  more  than  twenty-five 
dollars  for  each  such  continued  violation,  so  that  said  section 
as  amended  shall  read  as  follows :  69.  Penalty.  Any  person 
violating  any  of  the  provisions  of  this  subdivision  shall  be  fined 
not  more  than  one  hundred  dollars  for  the  first  thirty-day 


114  Chapter  125  [1949 

period  and  for  each  subsequent  thirty-day  period  or  part  there- 
of not  more  than  twenty-five  dollars  for  each  such  continued 
violation. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  5,  1949.] 


CHAPTER  125. 


AN  ACT  RELATIVE  TO  REMOVAL  OF  SLASH  AND  STORAGE  OF 
COMBUSTIBLES  NEAR  SAW  MILLS 

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

1.  Saw  Mills.  Amend  section  63  of  chapter  233  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  63.  Removal  of  Slash  and  Storage  of 
Combustibles.  No  mill  required  to  be  registered  under  the 
provisions  of  this  subdivision  shall  be  operated  unless  the  slash 
caused  by  wood  and  timber  cuttings  and  other  inflammable 
materials  are  located,  and  unless  the  sawdust  pile  and  in- 
cinerator are  located  from  each  other  and  the  mill,  as  may  be 
provided  by  rules  and  regulations  of  the  state  forester. 

2.  Power  of  State  Forester.  Amend  section  68  of  chapter 
233  of  the  Revised  Laws  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  68.  Rules  and 
Regulations.  It  shall  be  the  duty  of  the  state  forester  to  make 
and  adopt  such  reasonable  rules  and  regulations  as  may  be 
necessary  to  give  effect  to  the  provisions  of  this  subdivision. 
In  order  to  guard  against  fires  the  state  forester  may  make  and 
adopt  regulations  hereunder  for  the  removal  of  slash,  storage 
of  inflammable  material,  the  location  of  sawdust  piles  and  in- 
cinerators. 

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

[Approved  April  5,  1949.] 


1949]  Chapter  126  115 

CHAPTER  126. 

AN  ACT  RELATIVE  TO  CARE  OF  LUMBER  SLASH. 

Be  it  enacted  by  the  Senate  cvnd  Hou»e  of  Representatives  in 
General  Court  convened: 

1.  Lumber  Slash.  Amend  section  50  of  chapter  233  of  the 
Revised  Laws  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  50.  Near  Property  of  Another.  Who- 
ever as  stumpage  owner,  operator,  land  owner  or  agent  cuts  or 
causes  to  be  cut  any  timber,  wood  or  brush  on  property 
adjacent  to  the  right  of  way  of  any  steam  or  electric  railroad 
or  public  highway,  or  adjacent  to  the  land  of  another,  or 
adjacent  to  any  occupied  building  except  a  temporary  lumber 
camp,  shall  dispose  of  the  slash  caused  by  such  cutting  in  such 
a  manner  that  said  slash  shall  not  remain  on  the  ground  within 
sixty  feet  of  the  right  of  way  of  any  steam  or  electric  railroad, 
or  within  fifty  feet  of  the  nearest  edge  of  the  traveled  part  of 
any  public  highway,  or  within  one  hundred  feet  of  any  occupied 
building  except  a  temporary  lumber  camp. 

2.  Powers  of  Commission.  Amend  section  52  of  chapter 
233  of  the  Revised  Laws  by  inserting  after  the  word  "of"  in 
the  third  line  the  word,  lumber,  so  that  said  section  as  amended 
shall  read  as  follows:  52.  Near  Lumber  Camps.  The  com- 
mission, by  notice  in  writing  to  both  the  operator  and  the 
owner,  may  also  require  the  removal  or  disposal  of  lumber 
slash  or  other  inflammable  material  within  one  hundred  feet 
of  lumber  camps,  when  in  the  judgment  of  the  commission 
such  slash  or  inflammable  material  constitutes  an  unusual 
hazard  endangering  other  property  through  the  setting  or 
spreading  of  forest  fires. 

3.  Subsequent  Neglect.  Amend  section  53  of  chapter  233 
of  the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following :  53.  Penalty.  Any  stumpage 
owner,  operator,  land  owner  or  agent  who  cuts  or  causes  to  be 
cut  any  such  timber,  wood  or  brush,  or  any  owner  of  land 
where  cutting  is  done,  may  be  fined  not  more  than  twenty-five 
dollars  for  each  one  hundred  linear  feet  or  fraction  thereof 
from  which  the  slash  is  not  properly  removed  or  disposed  of 
within  thirty  days  from  the  time  of  such  cutting,  or,  in  case 
of  material  adjudged  by  the  commission  to  be  an  unusual 
hazard  as  above  provided,  within  such  reasonable  time  as  the 


116  Chapter  127  [1949 

commission  may  determine,  not  exceeding  thirty  days  from 
the  date  of  service  of  the  removal  notice.  If  the  person  fined 
refuses  or  neglects  to  properly  remove  or  dispose  of  the  slash 
within  the  time  provided  he  may  be  fined  as  provided  in  this 
section  for  each  subsequent  thirty-day  period  of  refusal  or 
neglect  to  so  remove  or  dispose  of  such  slash. 

4.     Takes   Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  6,  1949.] 


CHAPTER  127. 


AN  ACT  RELATIVE  TO  THE  OPERATION  OF  A  MOTOR  VEHICLE  USED 
IN  TRANSPORTING  INFLAMMABLE  LIQUIDS. 

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

1.  Motor  Vehicle  Operation.  Amend  chapter  119  of  the 
Revised  Laws  by  inserting  after  section  48  the  following  new 
section:  48-a.  Inflammable  Liquids.  Every  motor  vehicle 
used  for  the  transportation  of  inflammable  liquids  in  cargo 
tanks  whether  loaded  or  empty,  shall,  upon  approaching  any 
railroad  grade  crossing,  be  brought  to  a  full  stop  not  more  than 
fifty  feet  and  not  less  than  ten  feet  from  the  nearest  rail  of 
such  grade  crossing,  and  shall  not  proceed  until  due  caution 
has  been  taken  to  ascertain  that  the  course  is  clear.  Any  person 
convicted  of  a  violation  of  any  provision  of  this  section,  shall  be 
fined  not  more  than  twenty-five  dollars  for  the  first  offense  and 
not  more  than  one  hundred  dollars  for  any  subsequent  offense 
committed  during  any  calendar  year,  and  for  such  conviction 
hereunder  the  commissioner  may  revoke  his  license  to  operate 
a  motor  vehicle  and  no  new  license  shall  be  issued  to  such  per- 
son for  at  least  ninety  days  after  the  date  of  such  revocation. 

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

[Approved  April  6,  1949.] 


1949]  Chapter  128  117 

CHAPTER  128. 

AN  ACT  RELATING  TO  THE  INTRODUCTION  OF  BILLS  AND  TO  THE 
PRINTING  OF  BILLS  AND  JOURNALS. 

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

1.  Legislature.  Amend  section  26,  chapter  9,  Revised 
Laws,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  26.  Proposed  Bills.  Any  senator- 
elect  or  representative-elect,  on  and  after  December  first, 
may  file  with  the  secretary  of  state  such  bills  as  he  desires  to 
introduce.  The  secretary  of  state,  at  same  convenient  time 
during  the  month  of  November,  shall  notify  each  senator-elect 
and  representative-elect  of  the  provisions  of  this  section  and 
of  the  availability  of  bill  drafting  service  in  the  office  of  the 
attorney  general  as  provided  in  chapter  56  of  the  Laws  of  1947. 
Such  notice  shall,  if  possible,  be  given  coincidentally  with  the 
mailing  of  the  roster  of  new  members  to  each  member-elect. 
Eleven  hundred  copies  of  each  bill  shall  be  printed  and  a  copy 
furnished  to  any  citizen  who  may  apply  therefor.  The  secretary 
of  state  shall  cause  the  original  type  used  in  the  composition 
of  said  bills  to  be  retained  until  at  least  ten  days  after  the 
convening  of  the  general  court,  in  the  event  that  further 
copies  of  said  bills  may  be  necessary.  Not  later  than  the  second 
day  of  the  session,  the  secretary  of  state  shall  file  the  bills  and 
all  undistributed  copies  with  the  clerk  of  that  branch  of  the 
legislature  in  which  the  respective  bills  are  to  be  introduced. 

2.  Number  of  Copies.  Amend  section  3,  chapter  10,  Re- 
vised Laws,  by  striking  out  the  words  "seven  hundred  and 
fifty"  in  the  third  line  thereof  and  inserting  in  their  place  the 
words,  twelve  hundred,  so  that  the  section  as  amended  shall 
read  as  follows:  3.  Journals.  The  clerks  of  the  senate  and 
house  of  representatives  shall  cause  to  be  printed  in  pamphlet 
form  at  the  close  of  each  legislative  day  twelve  hundred  copies 
of  the  journals  of  their  respective  bodies,  and  shall  cause  one 
copy  of  each  to  be  distributed  to  each  member  of  those  bodies 
before  the  beginning  of  the  session  on  the  next  legislative  day. 
Fifty  of  such  copies  shall  be  delivered  to  the  state  library  each 
day.  At  the  close  of  the  legislative  session  additional  copies 
of  such  journals  may  be  printed  in  such  form  and  quantity  as 
the  secretary  of  state,  with  the  approval  of  the  governor  and 


118  Chapter  129  [1949 

council,  may  direct.     The  clerk  of  each  house  shall  prepare  an 
index  of  its  journal. 

3.  Printing.  Amend  section  4,  chapter  10,  Revised  Laws, 
by  striking  out  the  word  "shall"  in  the  second  line  and  insert- 
ing in  place  thereof  the  word,  may,  and  by  striking  out  the 
words  "seven  hundred  and  fifty"  in  said  second  line  and  insert- 
ing in  place  thereof  the  words,  eleven  hundred,  so  that  said 
section  as  amended  shall  read  as  follows:  4.  Bills  and 
Resolutions.  The  clerks  of  the  senate  and  house  of  represen- 
tatives may  cause  to  be  printed  eleven  hundred  copies  of  every 
bill  and  joint  resolution  after  its  second  reading,  and  shall 
cause  one  each  of  such  copies  to  be  distributed  to  each  member 
of  those  bodies  as  soon  as  printed.  Twenty-five  copies  of  each 
shall  be  delivered  to  the  state  library. 

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

[Approved  April  6,  1949.] 


CHAPTER  129. 


AN  ACT  PROVIDING  FOR  GUARANTY  TO  DEALER  RELATIVE  TO 
ORIGINAL  PACKAGES  OF  FOODS. 

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

1.  Original  Packages.  Amend  section  10,  chapter  164, 
Revised  Laws,  by  striking  out  all  of  said  section  and  inserting 
in  place  thereof  the  following:  10.  Guaranty  to  Dealer.  No 
dealer  shall  be  convicted  of  a  violation  of  the  provisions  of  this 
chapter  when  he  can  establish  a  guaranty  signed  by  a  whole- 
saler, jobber,  manufacturer  or  other  party  residing  in  the 
United  States,  from  whom  he  received  in  good  faith  such 
articles,  to  the  effect  that  the  same  in  original  or  unbroken 
packages  is  not  adulterated  or  misbranded  within  the  meaning 
hereof,  unless  it  shall  appear  that  such  dealer  knew  the  same 
to  be  in  fact  adulterated  or  misbranded  within  the  meaning 
hereof.  The  provisions  of  this  section  shall  not  apply  in  the 
case  of  food  and  drugs  subject  to  deterioration  if  the  court 


1949]  Chapters  130,  131  119 

finds  that  the  adulteration  has  occurred  after  delivery  to,  and 
has  resulted  from  negligence  on  the  part  of,  the  dealer. 

2.     Takes   Effect.       This    act    shall    take    effect    upon   its 
passage. 
[Approved  April  7,  1949.] 


CHAPTER  130. 


AN  ACT  IN  RELATION  TO  NOTICE  OF  PETITIONS  FOR  RIGHT  TO 
APPEAL  FROM  DECREES  OF  PROBATE  COURTS. 

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

1.  Decrees  of  Probate  Court,  Petition  for  Right  to  Appeal. 

Amend  Revised  Laws,  chapter  365,  section  8  by  striking  out 
said  section  and  by  substituting  therefor  the  following:  8. 
Notice.  Upon  such  petition,  an  order  of  notice  shall  be  issued 
requiring  notice  by  publication,  the  last  publication  to  be  at 
least  thirty  days  before  the  return  day,  and  such  personal 
notice  or  notice  by  mail  to  interested  parties  as  the  court  shall 
deem  proper. 

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

[Approved  April  7,  1949.] 


CHAPTER  131. 

AN  ACT  NAMING  THE  HORACE  GREELEY  HIGHWAY. 

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

1.  Highway  Named.  The  New  Hampshire  highway  de- 
scribed as  follows:  beginning  at  the  bridge  over  the  Merri- 
mack river  on  route  101  in  Manchester,  continuing  on  said 
route  through  Bedford,  Amherst,  Milford,  Wilton,  Temple, 
Peterborough,  Dublin,  Marlborough,  to  Keene,  is  hereby  given 
the  name  of  the  Horace  Greeley  highway.     The  governor  and 


120  Chapter  132  [1949 

council  are  authorized  and  directed  to  do  all  things  necessary 
to  suitably  mark  and  designate  the  highway  herein  named. 

2.     Takes    Effect.      This    act    shall   take    effect    upon   its 
passage. 
[Approved  April  7,  1949.] 


CHAPTER  132. 


AN  ACT  RELATING  TO  COMMITMENT  TO  VETERANS 
ADMINISTRATION. 

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

1.  Insane  Persons.  Amend  the  Revised  Laws  by  inserting 
after  chapter  219-A,  as  inserted  by  chapter  190,  Laws  of  1943, 
the  following  new  chapter: 

Chapter  219-B. 
Commitment  to  Veterans  Administration. 
1.  Commitment  to  Institutions.  Whenever,  in  any  pro- 
ceeding under  the  laws  of  this  state  for  the  commitment  of  a 
person  alleged  to  be  of  unsound  mind  or  otherwise  in  need  of 
confinement  in  a  hospital  or  other  institution  for  his  proper 
care,  it  is  determined  after  such  adjudication  of  the  status  of 
such  person  as  may  be  required  by  law  that  commitment  to  a 
hospital  for  mental  diseases  or  other  institution  is  necessary 
for  safekeeping  or  treatment  and  it  appears  that  such  person 
is  eligible  for  care  or  treatment  by  the  veterans  administration 
or  other  agency  of  United  States  government,  the  court,  or 
other  committing  authorities,  upon  receipt  of  a  certificate 
from  the  veterans  administration  or  such  other  agency  show- 
ing that  facilities  are  available  and  that  such  person  is  eligible 
for  care  or  treatment  therein,  may  commit  such  person  to  said 
veterans  administration  or  other  agency.  Upon  commitment, 
such  person,  when  admitted  to  any  facility  operated  by  any 
such  agency  within  or  without  this  state  shall  be  subject  to  the 
rules  and  regulations  of  the  veterans  administration  or  other 
such  agency.  With  respect  to  the  person  so  committed  the 
chief  officer  of  such  facility  shall  have  the  same  power  and 
control  over  said  person  as  would  the  superintendent  of  the 


1949]  Chapter  132  121 

state  institution  to  which  said  person  otherwise  would  have 
been  committed.  Jurisdiction  is  retained  in  the  appropriate 
court  of  this  state  at  any  time  to  inquire  into  the  mental  condi- 
tion of  the  person  so  committed,  and  to  determine  the  necessity 
for  continuance  of  his  restraint,  and  all  commitments  pursuant 
to  this  chapter  are  so  conditioned. 

2.  Order  of  Commitment.  The  judgment  or  order  of 
commitment  by  a  court  of  competent  jurisdiction  of  another 
state  or  of  the  District  of  Columbia,  committing  a  person  to  the 
veterans  administration,  or  such  other  agency  of  the  United 
States  government  for  care  or  treatment  shall  have  the  same 
force  and  effect  as  to  the  committed  person  while  in  this  state 
as  in  the  jurisdiction  in  which  is  situated  the  court  entering 
the  judgment  or  making  the  order;  and  the  courts  of  the 
committing  state,  or  of  the  District  of  Columbia,  shall  be 
deemed  to  have  retained  jurisdiction  of  the  person  so  com- 
mitted for  the  purpose  of  inquiring  into  the  mental  condition 
of  such  person,  and  of  determining  the  necessity  for  continu- 
ance of  his  restraint,  as  is  provided  in  section  1  of  this  chapter 
with  respect  to  persons  committed  by  the  courts  of  this  state. 
Consent  is  hereby  given  to  the  application  of  the  law  of  the 
committing  state  or  district  in  respect  to  the  authority  of  the 
chief  officer  of  any  facility  of  the  veterans  administration,  or 
of  any  such  institution  operated  in  this  state  by  any  other  such 
agency  of  the  United  States  to  retain  custody,  or  transfer, 
parole  or  discharge  the  committed  person. 

3.  Certification  of  Available  Facilities.  Upon  receipt  of  a 
certificate  of  the  veterans  administration  or  such  other  agency 
of  the  United  States,  as  provided  in  section  1,  the  superintend- 
ent of  the  institution  may  cause  the  transfer  of  such  person 
to  the  veterans  administration  or  other  agency  of  the  United 
States  for  care  or  treatment.  Upon  effecting  any  such  trans- 
fer, the  committing  court  or  other  committing  authority  shall 
be  notified  thereof  by  the  transferring  agency.  No  person 
shall  be  transferred  to  the  veterans  administration  or  other 
agency  of  the  United  States  if  he  be  confined  pursuant  to  con- 
viction of  any  felony  or  misdemeanor  or  if  he  has  been 
acquitted  of  the  charge  solely  on  the  ground  of  insanity,  unless 
prior  to  transfer  the  court  of  other  authority  originally  com- 
mitting such  person  shall  enter  an  order  for  such  transfer 
after  appropriate  motion  and  hearing. 


122  Chapter  133  [1949 

4.  Transfer  Deemed  Commitment.  Any  person  trans- 
ferred as  provided  in  this  chapter  shall  be  deemed  to  be 
committed  to  the  veterans  administration  or  other  such  agency 
of  the  United  States  pursuant  to  the  original  commitment. 

2.     Takes    Effect.      This    act    shall   take    effect   upon   its 
passage. 
[Approved  April  11,  1949.] 


CHAPTER  133. 


AN  ACT  RELATIVE  TO  PUBLIC  DUMPS  AND  TOWN  APPROPRIATIONS 

FOR  COLLECTION  AND  REMOVAL  OF  GARBAGE  AND  OTHER 

WASTE  MATERIALS. 

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

1.  Removal  of  Nusiances.  Amend  chapter  165  of  the  Re- 
vised Laws  by  adding  at  the  end  thereof  the  following  new 
subdivision : 

Public  Dumps. 

26.  Public  Dumping  Facilities.  Any  town  may  provide 
and  maintain  public  dumping  facilities  for  the  depositing  of 
garbage  or  refuse.  Any  such  dumping  facilities  provided 
shall  be  accessible  to  the  public  at  least  one  day  each  week  and 
on  such  other  days  and  at  such  hours  as  the  selectmen,  board 
of  health,  or  corresponding  public  officer  may  determine. 

27.  Terms  Defined.  As  used  in  this  subdivision  the 
following  words  shall  be  construed  as  follows : 

I.  The  term  "public  dumping  facilities"  means  any 
reasonable  provisions  for  the  depositing  or  disposing  of 
garbage  or  refuse  by  the  public  maintained  by  public  funds, 
provided  it  shall  not  include  a  dump  located  on  a  person's  own 
property  used  for  the  express  purpose  of  depositing  garbage 
and  refuse  from  his  own  residence. 

II.  The  term  "garbage"  means  all  waste  animal,  fish. 
fowl,  fruit  or  vegetable  matter  produced  from  or  resulting 
from  the  use  or  storage  of  food  for  human  consumption. 

III.  The  term  "refuse"  means  all  combustible  rubbish, 
ashes   and    ordinary    commercial    wastes.     Building   or   con- 


1949]  Chapter  133  123 

struction  wastes  and  industrial   wastes   are   not   included   as 
refuse. 

28.  Approval  Required.  Before  any  public  or  private 
premises  within  the  limits  of  a  town  shall  be  used  for  public 
dumping,  written  approval  for  location  and  the  rules  for 
maintenance  shall  be  secured  from  the  local  board  of  health. 
Refuse  may  be  employed  for  filling  or  grading  the  land,  pro- 
vided written  permission  is  first  secured  from  the  board  of 
health. 

29.  Maintenance.  A  town  which  maintains,  or  any  per- 
son who  permits  the  use  of  any  land  for  public  dumping  shall 
provide  for  the  proper  covering  or  incineration  of  all  animal 
and  vegetable  matter  deposited  thereon,  and  the  disposition  of 
other  waste  materials  and  rubbish  in  such  a  manner  as  not  to 
create  offensive  odors,  breeding  places  for  insects  and  rodents, 
dissemination  of  dust  or  flies.  No  person,  firm  or  corporation 
shall  poison  a  dump  for  the  purpose  of  rodent  eradication  un- 
less granted  permission  to  do  so  by  the  local  board  of  health. 

30.  Closure.  Upon  complaint,  or  on  its  own  motion,  the 
state  board  of  health  may  close  any  public  dumping  facilities 
after  duly  notifying  the  local  boards  of  health  as  to  its  reasons 
for  closure. 

31.  Regulations.  The  state  board  of  health  may  make 
all  necessary  rules  and  regulations  for  the  enforcement  of  this 
subdivision;  and  it  shall  be  the  duty  of  the  local  boards  of 
health  to  assist  in  carrying  out  said  regulations.  Any  person 
who  violates  any  of  the  provisions  of  this  subdivision  or  any 
rule  or  regulation  hereunder  shall  be  fined  not  more  than 
twenty  dollars. 

32.  Precincts.  Any  precinct  or  village  district  organ- 
ized under  general  or  special  laws  may,  by  vote  under  an 
article  in  the  warrant  for  the  meeting  at  which  the  action  is 
taken,  vote  to  adopt  the  provisions  of  this  subdivision  and 
appropriate  money  for  the  purposes  hereof. 

2.  Penalty.  Amend  section  13  of  chapter  165  of  the  Re- 
vised Laws  by  inserting  after  the  word  "health"  in  the  fourth 
line  the  words,  or  deposits  garbage  or  refuse  on  premises  not 
designated  as  public  dumping  facilities  in  accordance  with  the 
provisions  of  sections  26  to  32,  and  by  inserting  after  the  word 
"removed"  in  the  last  line  of  said  section  the  words,  or  cause 
to  have  removed,  so  that  said  section  as  amended  shall  read  as 


124  Chapter  133  [1949 

follows:  13.  Offensive  Matter.  If  a  person  shall  place, 
leave,  or  cause  to  be  placed  or  left,  in  or  near  a  highway,  street, 
alley,  public  place  or  wharf,  or  shall  allow  to  be  exposed  un- 
buried,  any  animal  or  other  substance  liable  to  become  putrid 
or  offensive,  or  injurious  to  the  public  health  or  deposits 
garbage  or  refuse  on  premises  not  designated  as  public  dump- 
ing facilities  in  accordance  with  the  provisions  of  sections  26 
to  32,  he  shall  be  fined  not  more  than  twenty  dollars ;  and  the 
health  officer  shall  remove  or  cause  to  have  removed  the  same. 

3.  Town  Appropriations.  Amend  section  4  of  chapter  51 
of  the  Revised  Laws  as  amended  by  chapter  34  of  the  Laws  of 
1943  by  adding  at  the  end  thereof  the  following  new  para- 
graph: XXXIIL  Garbage  and  Waste  Material.  To  provide 
means  for  collection,  removal  and  destruction  of  garbage  and 
other  waste  materials. 

4.  Town  By-Laws.  Amend  section  32  of  chapter  51  of  the 
Revised  Laws  bj^  inserting  after  the  word  "require"  in  the 
eleventh  line  the  following  words,  respecting  the  collection, 
removal  and  destruction  of  garbage  and  other  waste  materials, 
so  that  said  section  as  amended  shall  read  as  follows:  32. 
Purposes  and  Penalties.  Towns  may  make  by-laws  for  the 
care,  protection,  preservation  and  use  of  the  public  cem.eteries, 
parks,  commons,  libraries  and  other  public  institutions  of  the 
town;  for  the  prevention  of  the  going  at  large  of  horses  and 
other  domestic  animals  in  any  public  place  in  the  town ;  for  the 
observance  of  Memorial  Day,  whereby  interference  with  and 
disturbance  of  the  exercises  for  such  observance,  by  pro- 
cessions, sports,  games  or  other  holiday  exercises,  may  be  pro- 
hibited ;  to  regulate  the  use  of  mufflers  upon  boats  and  vessels 
propelled  by  gasoline  or  naphtha  and  operating  upon  the 
waters  within  the  town  limits ;  respecting  the  kindling,  guard- 
ing and  safekeeping  of  fires,  and  for  removing  all  combustible 
materials  from  any  building  or  place,  as  the  safety  of  property 
in  the  town  may  require;  respecting  the  collection,  removal 
and  destruction  of  garbage  and  other  waste  materials;  to 
regulate  the  operation  of  vehicles,  except  by  railways  as  com- 
mon carriers,  upon  their  streets;  to  regulate  the  conduct  of 
public  dances;  to  regulate  the  conduct  of  roller  skating  rinks; 
and  for  making  and  ordering  their  prudential  affairs.  They 
may  appoint  all  such  ofllcers  as  may  be  necessary  to  carry  the 
by-laws  into  effect,  and  may  enforce  their  observance  by  suit- 


1949]  Chapter  134  125 

able  penalties  not  exceeding  ten  dollars  for  each  offense,  to 
enure  to  such  uses  as  they  may  direct. 

5.     Takes    Effect.       This   act    shall    take    effect    upon    its 
passage. 
[Approval  April  12,  1949.] 


CHAPTER  134. 

AN  ACT  RELATING  TO  INVESTMENTS  OF  TRUSTEES. 

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

1.  Investment  of  Trustees.  Amend  paragraph  IV  of 
section  17  of  chapter  363  of  the  Revised  Laws  by  inserting 
after  the  word  "securities"  in  the  first  line  the  words,  includ- 
ing the  shares  of  any  open-end  or  closed-end  management  type 
investment  company  or  investment  trust  which  is  registered 
under  the  Federal  Investment  Company  Act  of  1940  as 
from  time  to  time  amended  and  which  may  be  sold  under 
the  rules,  regulations,  and  exemptions  of  the  insurance  depart- 
ment of  the  state  of  New  Hampshire,  so  that  said  paragraph  IV 
as  amended  shall  read  as  follows:  IV.  In  such  bonds  or 
stocks  or  other  securities,  including  the  shares  of  an  open-end 
or  closed-end  management  type  investment  company  or  invest- 
ment trust  which  is  registered  under  the  Federal  Investment 
Company  Act  of  1940  as  from  time  to  time  amended  and  which 
may  be  sold  under  the  rules,  regulations,  and  exemptions  of  the 
insurance  department  of  the  state  of  New  Hampshire,  as  a 
prudent  man  would  purchase  for  his  own  investment  having 
primarily  in  view  the  preservation  of  the  principal  and  the 
amount  and  regularity  of  the  income  to  be  derived  therefrom ; 
provided,  however,  that  not  less  than  fifty  per  cent  of  the  in- 
ventory or  the  cost  value  of  the  assets  of  the  trust  shall  be 
invested  in  classes  of  property  which  qualify  under  paragraphs 
I,  II,  and  III  of  this  section. 

Trustees  shall  be  accountable  for,  and  may  be  licensed  to 
sell,  stocks,  bonds,  and  other  written  evidence  of  debt. 

If  any  provision  of  the  Revised  Laws  is  inconsistent  with 
this  section,  the  latter  shall  govern. 

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

[Approval  April  12,  1949.] 


126  Chapters  135,  136  [1949 

CHAPTER  135. 

AN  ACT  RELATING  TO  THE  FEES  OF  BAIL  COMMISSIONERS. 

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

1.  Bail  Commissioners.  Amend  section  31  of  chapter  425 
of  the  Revised  Laws  by  striking  out  the  words  "one  dollar"  in 
the  second  line  and  inserting  in  place  thereof  the  words,  two 
dollars,  and  by  striking  out  the  words  "three  dollars"  in  the 
third  line  and  inserting  in  place  thereof  the  words,  four  dollars, 
so  that  said  section  as  amended  shall  read  as  follows:  31. 
Fees.  The  bail  commissioners  in  such  cases  shall  be  entitled 
to  a  fee  of  two  dollars  when  called  between  the  hours  of  seven 
o'clock  in  morning  and  ten  o'clock  at  night ;  and  a  fee  of  four 
dollars  when  called  at  any  other  time. 

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

[Approved  April  12,  1949.] 


CHAPTER  136. 

AN  ACT  RELATING  TO  PARKING  OF  MOTOR  VEHICLES. 

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

1.  Motor  Vehicles.  Amend  section  26  of  chapter  119  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  26.  Parking.  No  person  shall 
park  or  leave  standing  any  vehicle,  whether  attended  or  un- 
attended, upon  the  paved  or  improved  or  main  traveled  portion 
of  any  highway  outside  of  a  business  or  residence  district  or 
compact  section  except  as  hereinafter  provided: 

I.  When  the  vehicle  is  so  disabled  that  it  must  be  tempo- 
rarily left  in  such  position. 

n.  When  a  law  enforcement  officer  shall  order  the  person 
to  stop  or  leave  his  vehicle  on  said  highway. 

in.  When  the  vehicle  with  no  more  than  two  wheels  up- 
on said  paved  or  improved  portion  of  the  highway  is  left  stand- 
ing temporarily  thereon  for  the  purpose  of  leaving  or  taking  on 


1949]  Chapter  137  127 

passengers  or  for  necessary  loading  or  unloading  or  for  mak- 
ing necessary  minor  repairs  to  the  vehicle. 

IV.  On  a  class  V  highway  when  it  is  not  practicable  to 
park  or  leave  such  vehicle  standing  off  that  portion  of  such 
highway,  provided  that  in  no  event  shall  any  person  so  park 
or  leave  standing  any  vehicle  on  said  highway  unless  a  clear 
view  thereof  may  be  obtained  from  a  distance  of  two  hundred 
feet  in  each  direction  and  unless  a  clear  and  unobstructed  way 
of  not  less  than  ten  feet  upon  the  main  traveled  portion  of  said 
highway  shall  be  left  for  free  passage  of  other  vehicles. 

2.     Takes    Effect.      This   act    shall    take    effect    upon   its 
passage. 
[Approved  April  12,  1949] 


CHAPTER  137. 

AN  ACT  RELATING  TO  TOWN  OFFICERS'  ASSOCIATIONS. 

Be  it  enacted  by  the  Senate  and  Hoii&e  of  Representatives  in 
General  Court  convened: 

1.     Membership     Dues     in    Town     Officers'     Associations. 

Amend  section  8  of  chapter  51  of  the  Revised  Laws  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 8.  Town  Officers'  Associations.  For  the  encourage- 
ment of  equitable  taxation  and  the  education  of  public  officials 
in  tax  problems  and  other  matters  pertaining  to  the  proper  and 
efficient  discharge  of  the  duties  of  their  respective  offices,  each 
town  and  city  shall  pay  annually  to  the  Association  of  New 
Hampshire  Assessors,  the  New  Hampshire  City  and  Town 
Clerks'  Association  and  the  New  Hampshire  Tax  Collectors' 
Association,  such  amounts  as  shall  be  due  for  annual  member- 
ship for  its  officials  therein,  provided  that  the  amount  paid  for 
any  one  annual  membership  hereunder  shall  not  exceed  three 
dollars.  Members  of  these  several  organizations  in  addition  to 
the  annual  membership  fee  shall  be  entitled  to  receive  their 
actual  expenses  incurred  in  attending  the  annual  convention  of 
their  respective  associations,  the  same  to  be  audited  by  the 
selectmen  of  towns  and  the  finance  committee  of  cities  and 
paid  out  of  city  and  town  funds. 


128  Chapter  138  [1949 

2.  Repeal.     Sections    10   and   40    of   chapter   59,    Revised 
Laws,  are  hereby  repealed, 

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

[Approved  April  12,  1949.] 


CHAPTER  138. 


AN  ACT  RELATIVE  TO  REGULATION  OF  SUBDIVISION  OF  LAND  UNDER 
MUNICIPAL  PLANNING. 

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

1.  Power  to  Regulate.  Amend  section  19  of  chapter  53  of 
the  Revised  Laws  by  striking  out  the  words  "after  due  estab- 
lishment and  recording  of  the  official  map  of  the  municipality, 
as  provided  in  section  17,"  in  the  second,  third  and  fourth  lines 
so  that  said  section  as  amended  shall  read  as  follows:  19. 
Grant  of  Power  to  Regulate.  A  municipality  may  by  ordi- 
nance or  resolution  authorize  and  empower  the  planning 
board  to  approve  or  disapprove,  in  its  discretion,  plats 
showing  new  streets,  or  the  widening  thereof,  or  parks,  and 
the  ordinance  or  resolution  thus  empowering  the  planning 
board  shall  make  it  the  duty  of  the  city  clerk,  town  clerk,  clerk 
of  district  commissioners,  or  other  appropriate  recording 
official  to  file  with  the  register  of  deeds  of  the  county  in  which 
the  said  municipality  is  situated  a  certificate  or  notice  showing 
that  the  said  planning  board  has  been  so  authorized,  giving  the 
date  of  such  authorization. 

2.  Regulations.  Amend  section  21  of  chapter  53  of  the 
Revised  Laws  by  striking  out  the  word  "other"  in  the  eleventh 
line  so  that  said  section  as  amended  shall  read  as  follows: 
21.  Subdivision  Regulations;  General.  Before  exercising  the 
powers  referred  to  in  section  19  hereof,  the  planning  board 
shall  adopt  regulations  governing  the  subdivisions  of  land 
within  its  jurisdiction.  Such  regulations  may  provide  against 
such  scattered  or  premature  subdivision  of  land  as  would  in- 
volve danger  or  injury  to  health,  safety,  or  prosperity  by 
reason  of  the  lack  of  water  supply,  drainage,  transportation, 
or  other  public  services,  or  necessitate  an  excessive  expendi- 


I 


1949]  Chapter  138  129 

ture  of  public  funds  for  the  supply  of  such  services.  Such 
regulations  may  provide  for  the  harmonious  development  of 
the  municipality  and  its  environs ;  for  the  proper  arrangement 
and  co-ordination  of  streets  within  subdivisions  in  relation  to 
other  existing  or  planned  streets  or  with  features  of  the 
official  map  of  the  municipality;  for  open  spaces  of  adequate 
proportions  and  for  suitably  located  streets  of  sufficient  width 
to  accommodate  existing  and  prospective  traffic  and  to  afford 
adequate  light,  air,  and  access  of  fire-fighting  apparatus  and 
equipment  to  buildings,  and  be  co-ordinated  so  as  to  compose 
a  convenient  system.  The  regulations  of  the  board  may  re- 
quire in  proper  cases  that  plats  showing  new  streets  or  narrow- 
ing or  widening  thereof  submitted  to  it  for  approval  shall  show 
a  park  or  parks  suitably  located  for  playground  or  other  rec- 
reational purposes ;  they  may  require  that  proposed  parks  shall 
be  of  reasonable  size  for  neighborhood  playgrounds  or  other 
recreation  uses,  and  that  the  land  indicated  on  plats  submitted 
shall  be  of  such  character  that  it  can  be  used  for  building  pur- 
poses without  danger  to  health ;  they  may  prescribe  minimum 
widths,  depths,  and  areas  of  lots  so  as  to  avoid  congestion  of 
population  and  generally  may  include  provisions  which  will 
tend  to  create  conditions  favorable  to  health,  safety,  con- 
venience, or  prosperity. 

3.  Improvements;  Streets.  Amend  section  25  of  chapter 
53  of  the  Revised  Laws  by  striking  out  the  word  "and"  after 
the  figure,  17,  in  the  second  line  and  inserting  in  place  thereof 
the  word,  or;  further  amend  by  striking  out  the  words  "in- 
cluded in  the  official  map"  in  the  seventh  line,  so  that  said 
section  as  amended  shall  read:  25.  Improvements  in  Un- 
approved Streets.  A  municipality  which  has  established  and 
recorded  an  official  map,  as  provided  in  section  17,  or  has  con- 
ferred upon  a  planning  board  platting  jurisdiction  in  accord- 
ance with  section  19,  shall  not  thereafter  accept,  lay  out,  open, 
improve,  grade,  pave,  or  light  any  street  or  lay  or  authorize 
the  laying  of  water  mains,  sewers,  connections,  or  other 
facilities  or  utilities  in  any  street,  within  any  portion  of  the 
municipality  unless  such  street  (a)  shall  have  been  accepted 
or  opened  as,  or  shall  otherwise  have  received  the  legal  status 
of  a  public  street  prior  to  the  conferring  of  platting  juris- 
diction upon  the  planning  board,  or  unless  such  street  (b) 
corresponds  in  its  location  and  lines  with  a  street  shown  on  the 


130  Chapter  138  [1949 

official  map  or  with  a  street  shown  on  a  subdivision  plat 
approved  by  the  planning  board  or  with  a  street  on  a  street 
plat  made  by  and  adopted  by  the  board.  Council  may,  how- 
ever, accept,  locate  and  construct  any  street  not  shown  on  or 
not  corresponding  with  a  street  on  the  official  map  or  on  an 
approved  subdivision  plat  or  an  approved  street  plat,  provided 
the  ordinance  or  other  measure  for  the  accepting,  locating,  and 
construction  of  such  street  be  first  submitted  to  the  planning 
board  for  its  approval  and,  if  approved  by  the  board,  be 
approved  by  a  majority  vote  of  the  entire  membership  of 
council  or,  if  disapproved  by  the  planning  board,  be  approved 
by  not  less  than  two  thirds  of  the  entire  membership  of  council 
in  case  of  a  city  or  by  majority  vote  of  the  legal  voters  present 
and  voting  at  a  regular  or  special  town  or  district  meeting  in 
the  case  of  a  town  or  district.  A  street  approved  as  provided 
in  this  section  shall  thereupon  have  the  status  of  an  approved 
street  as  fully  as  though  it  had  been  originally  shown  on  the 
official  map  or  on  a  subdivision  plat  approved  by  the  planning 
board,  or  had  been  originally  platted  by  the  planning  board. 

4.  Jurisdiction.  Amend  section  26  of  chapter  53  of  the  Re- 
vised Laws  by  striking  out  the  words  "covered  by  the  official 
map"  in  the  fourth  line  so  that  said  section  as  amended  shall 
read  as  follows :  26.  Erection  of  Buildings.  From  and  after 
the  time  when  a  planning  board  shall  expressly  have  been 
granted  platting  jurisdiction  by  a  municipality,  as  described  in 
section  19,  no  building  shall  be  erected  on  any  lot  within  any 
part  of  such  municipality  nor  shall  a  building  permit  be  issued 
therefor  unless  the  street  giving  access  to  the  lot  upon  which 
such  building  is  proposed  to  be  placed  (a)  shall  have  been 
accepted  or  opened  as  or  shall  otherwise  have  received  the  legal 
status  of  a  public  street  prior  to  that  time,  or  unless  such  street 
(b)  corresponds  in  its  location  and  lines  with  a  street  shown 
on  the  official  map  or  with  a  street  on  a  subdivision  plat 
approved  by  the  planning  board  or  with  a  street  on  a  street 
plat  made  by  and  adopted  by  the  planning  board  or  with  a 
street  located  and  accepted  by  council,  after  submission  to  the 
planning  board,  and  in  case  of  said  planning  board's  dis- 
approval, by  the  favorable  vote  required  in  section  25.  Where- 
ever  the  enforcement  of  the  provisions  of  this  section  would 
entail  practical  difficulty  or  unnecessary  hardship,  and  where 
the  circumstances  of  the  case  do    not    require    the    building. 


1949]  Chapter  139  131 

structure  or  part  thereof  to  be  related  to  existing  or  proposed 
streets,  the  applicant  for  such  permit  may  appeal  from  the  de- 
cision of  the  administrative  officer  having  charge  of  the  issue 
of  permits  to  the  board  of  adjustment  in  any  municipality 
which  has  adopted  zoning  regulations,  in  accordance  with 
chapter  51,  or,  in  municipalities  where  no  board  of  adjustment 
exists,  to  council,  or  to  a  board  of  appeals,  whichever  is 
appropriate,  in  accordance  with  the  provisions  of  sections  32 
and  33,  including  the  requirement  for  a  public  hearing.  In 
passing  on  such  appeal  the  board  of  adjustment,  council,  or 
board  of  appeals  may  make  any  reasonable  exception  and  shall 
have  the  power  to  authorize  or  issue  a  permit,  subject  to  such 
conditions  as  it  may  impose,  where  the  issuance  of  the  permit 
would  not  tend  to  distort  the  official  map  or  increase  the 
difficulty  of  carrying  out  the  master  plan  upon  which  it  is 
based.  Any  such  decision  made  in  this  connection  by  a  board 
of  adjustment,  council  or  by  a  board  of  appeals  pursuant  to  the 
provisions  of  this  section  and  of  sections  31,  32,  and  33,  shall 
be  subject  to  review  by  certiorari  in  the  manner  described  in 
section  34. 

5.    Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  13,  1949.] 


CHAPTER  139. 

AN  ACT  RELATING  TO  NONRESIDENT    PUPILS    IN    SCHOOLS. 

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

1.  School  Boards.  Amend  section  24  of  chapter  138  of  the 
Revised  Laws  by  striking  out  the  words  "fifty-five  dollars  a 
year"  in  the  fifth  line  and  inserting  in  place  thereof  the  words, 
in  any  one  year  a  sum  based  upon  the  costs  as  set  forth  in 
section  26,  so  that  said  section  as  amended  shall  read  as 
follows:  24.  Hearing.  The  school  board  shall  thereupon 
order  a  hearing  within  ten  days  thereafter,  and,  if  it  shall 
appear  to  the  board  that  the  claim  is  well-founded,  the  board 
shall  make  the  order  prayed  for,  and  the  district  in  which  the 
pupil  resides  shall  be  liable  to  the  school  to  which  the  pupil 


132  Chapter  139  [1949 

is  assigned  for  the  pupil's  tuition  not  to  exceed  in  any  one  year 
a  sum  based  upon  the  costs  as  set  forth  in  section  26. 

2.  High  Schools.  Amend  section  26  of  chapter  138  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  26.  Tuitioin.  Any  district  not 
maintaining  a  high  school  or  school  of  corresponding  grade 
shall  pay  for  the  tuition  of  any  pupil  who  with  parents  or 
guardian  resides  in  said  district  or  who,  as  a  resident  of  said 
district,  after  full  investigation  by  the  state  board  of  education 
is  determined  to  be  entitled  to  have  his  tuition  paid  by  the  dis- 
trict where  he  resides,  and  who  attends  an  approved  public 
high  school  or  public  school  of  corresponding  grade  in  another 
district  or  an  approved  public  academy.  Except  under  con- 
tract as  provided  in  section  21  the  liability  of  any  school  dis- 
trict hereunder  for  the  tuition  of  any  pupil  shall  be  limited  to 
the  state  average  cost  per  pupil  of  the  current  expenses  of 
operation  for  the  preceding  school  year  of  the  receiving  dis- 
trict for  its  high  schools.  This  current  expense  of  operation 
shall  include  all  costs  except  capital  outlay  and  debt 
obligations,  provided  that  to  the  above  may  be  added  a  rental 
charge  of  two  per  cent  of  the  capital  cost  of  such  secondary 
school  facilities  as  may  be  defined  by  the  state  board  of  edu- 
cation. 

3.  School  Attendance.  Amend  section  3  of  chapter  137  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  3.  Change;  Excuse.  Any  per- 
son having  the  custody  of  a  child  may  apply  to  the  state  board 
of  education  for  relief  if  he  thinks  it  is  not  for  the  best  interest 
of  the  child  to  attend  the  school  to  which  he  is  assigned,  and 
the  board,  after  notice  to  the  school  board,  may  order  such 
child  to  attend  another  school  in  the  same  district  if  such  a 
school  is  available,  or  to  attend  school  in  another  district.  In 
case  the  child  shall  be  assigned  to  attend  school  in  another 
district  the  district  in  which  such  child  resides  shall  pay  to  the 
district  in  which  such  child  attends  tuition  computed  as  pro- 
vided in  section  3-a.  The  state  board  of  education  may  also 
permit  such  child  to  withdraw  from  school  attendance  for 
such  time  as  it  may  deem  necessary  or  proper  or  make  such 
other  orders  with  respect  to  the  attendance  of  such  child  at 
school  as  in  its  judgment  the  circumstances  require. 


1949]  Chapter  140  133 

4.  Liability  for  Tuition.  Amend  chapter  137  of  the  Re- 
vised Laws  by  inserting  after  section  3  as  hereinbefore 
amended  the  following-  new  section : .  3-a.    Elementary  Schools. 

Any  district  shall  be  liable  for  the  tuition  of  any  child  who  as 
a  resident  of  the  district  has  been  assigned  to  attend  a  public 
school  in  another  district,  provided,  however,  that  the  tuition 
for  any  child  shall  not  exceed  the  state  average  cost  per  pupil 
of  the  current  expenses  of  operation  for  the  preceding  school 
year  for  its  elementary  schools.  This  current  expense  of 
operation  shall  include  all  costs  except  those  made  for  capital 
outlay  and  debt  obligations  as  detennined  annually  by  the 
state  board  of  education. 

5.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949. 

[Approved  April  13,  1949.] 


CHAPTER  140. 

AN  ACT  RELATIVE  TO  LARCENY. 

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

1.  Gmnd  Larceny.  Amend  section  3  of  chapter  452  of  the 
Revised  Laws  by  striking  out  the  words  "twenty  dollars"  and 
inserting  in  place  thereof  the  words,  fifty  dollars,  so  that  said 
section  as  amended  shall  read  as  follows:  3.  Over  Fifty 
Dollars.  If  any  person  shall  steal,  take,  and  carry  away,  of 
the  property  of  another,  any  money,  bank  bills,  goods,  or 
chattels,  or-  any  writing  containing  evidence  of  an  existing 
debt,  contract,  liability,  promise,  or  ownership  of  property,  of 
the  value  of  fifty  dollars,  or  of  the  receipt,  payment,  or  dis- 
charge of  the  like  amount,  or  any  writings  of  a  like  kind,  which 
together  shall  contain  the  like  evidence,  he  shall  be  imprisoned 
not  more  than  five  years. 

2.  Petit  Larceny.  Amend  section  4  of  chapter  452  of  the 
Revised  Laws  by  striking  out  the  word  "ten"  in  the  third  line 
and  inserting  in  place  thereof  the  word,  twenty,  and  by  strik- 
ing out  the  word  "twenty"  in  the  third  line  and  inserting  in 
place  thereof  the  word,  fifty,  so  that  said  section  as  amended 
shall    read    as   follows:     4.     Over   Twenty   Dollars.     If   any 


134  Chapter  141  [1949 

person  shall  steal,  take,  and  carry  away  any  property  of  an- 
other, such  as  described  in  the  preceding  section,  of  the  value 
or  amount  of  twenty  dollars  and  less  than  fifty  dollars,  he  shall 
be  imprisoned  not  more  than  one  year,  and  fined  not  more  than 
one  hundred  dollars. 

3.  Change  in  Amount.  Amend  section  5  of  chapter  452  of 
the  Revised  Laws  by  striking  out  the  word  "ten"  and  insert- 
ing in  place  thereof  the  word,  twenty,  so  that  said  section  as 
amended  shall  read  as  follows:  5.  Under  Twenty  Dollars. 
If  any  person  shall  steal,  take,  and  carry  away  any  property  of 
another,  such  as  is  described  in  section  3,  of  a  less  amount  or 
value  than  twenty  dollars,  he  shall  be  imprisoned  not  more  than 
six  months,  or  fined  not  more  than  fifty  dollars. 

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

[Approved  April  13,  1949.] 


CHAPTER  141. 


AN  ACT  RELATIVE  TO  ADOPTION  OF  RULES  AND  REGULATIONS  BY 
THE  STATE  BOARD  OF  FIRE  CONTROL. 

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

1.  State  Board  of  Fire  Control.  Amend  section  5  of 
chapter  175-A  of  the  Revised  Laws,  as  inserted  by  chapter  251 
of  the  Laws  of  1947,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  5.  Rules  and  Regulations. 
The  board  is  also  empowered  to  adopt  and  promulgate  reason- 
able 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.  Such  rules  and  regulations  shall  be  adopted  only  after 
public  hearing,  notice  of  which  shall  be  published  in  a  paper 
of  general  circulation  in  the  state  at  least  fifteen  days  before 
holding  such  hearing.  The  rules  authorized  hereunder  shall 
be  in  accordance  with  established  practicable  means  for 
securing  safety   to   persons   and   property   from   fire   or  fire 


1949]  Chapter  142  135 

hazards  and  shall  not  be  discriminatory  in  respect  to  persons 
engaged  in  like  or  similar  businesses  or  industries.  Notice  con- 
taining a  general  statement  of  the  contents  of  such  rules  and 
regulations  adopted  by  the  board  shall  be  published  at  least 
twice  in  some  newspaper  of  general  circulation  in  the  state,  if 
their  application  is  general,  or  in  some  newspaper  of  local  cir- 
culation, if  their  application  is  local,  as  provided  in  section  12, 
together  with  information  as  to  where  the  full  text  of  such 
rules  and  regulations  may  be  obtained  by  any  person,  and  the 
board  shall  also  give  notice  thereof  by  registered  mail  to  each 
person  interested  therein  who  shall  have  registered  with  the 
board  his  name  and  address  with  a  request  to  be  so  notified, 
and  such  rules  and  regulations  shall  become  effective  upon 
such  date  subsequent  to  the  published  notice,  and  notice  to  in- 
terested persons,  required  hereunder  as  may  be  specified  by 
the  board  therein. 

2.     Takes    Effect.      This   act    shall    take    effect    upon    its 
passage. 
[Approved  April  14,  1949.] 


CHAPTER  142. 

AN  ACT  RELATIVE  TO  THE  PRACTICE  OF  DENTISTRY. 

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

1.  Dentistry.  Amend  section  17  of  chapter  251  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  17.  Practice.  A  person  shall 
be  regarded  as  practicing  dentistry  within  the  meaning  of 
this  chapter  who  uses  or  permits  to  be  used,  directly  or  in- 
directly, for  profit  or  otherwise,  for  himself  or  for  any  other 
person,  in  connection  with  his  name,  the  word  "dentist,"  or 
"dental  surgeon,"  or  the  title  "D.D.S."  or  "D.M.D."  or  any 
other  words,  letters,  titles,  or  descriptive  matter,  personal  or 
not,  which  directly  or  indirectly  implies  the  practice  of 
dentistry;  or  who  owns,  leases,  maintains,  or  operates  a  dental 
business  in  any  office  or  other  room  or  rooms  where  dental 
operations  are  performed,  or  directly  or  indirectly  is  manager, 
proprietor,  or  conductor  of  the  same;  or  who  directly  or  in- 


136  CHAPTER  142  [1949 

directly  informs  the  public  in  any  language,  orally,  in  writing, 
or  in  printing,  or  by  drawings,  demonstrations,  specimens, 
signs,  or  pictures  that  he  can  perform  or  will  attempt  to  per- 
form dental  operations  of  any  kind;  or  who  undertakes,  by 
any  means  or  method,  gratuitously  or  for  a  salary,  fee,  money, 
or  other  reward  paid  or  gi^anted  directly  or  indirectly  to  himself 
or  to  any  other  person,  to  diagnose  or  profess  to  diagnose,  or  to 
treat  or  profess  to  treat,  or  to  prescribe  for  or  profess  to  pre- 
scribe for  any  of  the  lesions,  diseases,  disorders,  or  deficiencies 
of  the  human  oral  cavity,  teeth,  gums,  maxilla,  or  mandible  or 
adjacent  associated  structures;  or  who  extracts  human  teeth, 
corrects  malpositions  thereof  or  of  the  jaws;  or  who,  except 
on  the  written  prescription  of  a  duly  licensed  dentist  and  by 
the  use  of  impressions  or  casts  made  by  a  duly  licensed  and 
practicing  dentist,  shall  directly  or  indirectly  by  mail,  carrier, 
personal  agent,  or  by  any  other  method,  furnish,  supply,  con- 
struct, reproduce,  or  repair  prosthetic  dentures,  bridges, 
appliances,  or  other  structures  to  be  used  and  worn  as  sub- 
stitutes for  natural  teeth,  or  adjust  the  same;  or  who  adminis- 
ters dental  anesthetics,  either  general  or  local;  or  who  en- 
gages in  any  of  the  practices  included  in  the  curricula  of 
recognized  dental  colleges;  provided  that  nothing  herein  shall 
prevent  regularly  licensed  physicians  or  surgeons  from  treat- 
ing or  prescribing  for  lesions,  diseases,  disorders,  or  de- 
ficiencies of  the  human  oral  cavity,  teeth,  gums,  maxilla,  or 
mandible  or  adjacent  associated  structures,  or  from  extract- 
ing human  teeth  or  administering  anesthetics,  or  using  or 
prescribing  drugs  or  other  remedies;  nor  shall  it  prevent 
students  from  performing  dental  operations  under  the  super- 
vision of  competent  instructors  within  a  dental  school,  college, 
or  dental  department  of  a  university  recognized  by  said  board. 
2.  Dental-Hygienists.  Amend  section  18  of  chapter  251  of 
the  Revised  Laws  by  inserting  after  the  words,  "clean  teeth," 
in  the  tenth  line  of  said  section  the  words,  and  apply 
topically,  fluorine,  or  any  of  its  compounds,  and  any  other 
chemical  compound  or  combination  of,  or  series  of 
chemical  compounds,  which  may  be  found  to  be  effective 
and  approved  by  the  New  Hampshire  state  dental  board,  in 
preventing  caries  in  human  teeth,  so  that  said  section  as 
amended  shall  read  as  follows:  .18.  Eligibility;  Examination; 
Registration.      Any  person    of    good    moral    character    and 


1949]  Chapter  143  137 

eighteen  years  of  age  or  over,  who  is  a  graduate  of  a  training 
school  for  dental-hygienists  requiring  a  course  of  not  less  than 
one  academic  year  and  approved  by  said  board,  or  who  is  a 
graduate  of  a  training  school  for  nurses  and  has  received  three 
months'  clinical  training  in  dental  hygiene  in  any  such  train- 
ing school  for  dental-hygienists,  may,  upon  the  payment  of 
ten  dollars,  be  examined  by  said  board  in  the  subjects  con- 
sidered essential  by  it  for  a  dental-hygienist,  and,  if  his  ex- 
amination is  satisfactory,  shall  be  registered  as  a  dental- 
hygienist  and  given  a  certificate  allowing  him  to  clean  teeth 
and  apply  topically,  fluorine,  or  any  of  its  compounds,  and  any 
other  chemical  compound  or  combination  of,  or  series  of 
chemical  compounds,  which  may  be  found  to  be  effective  and 
approved  by  the  New  Hampshire  state  dental  board,  in  pre- 
venting caries  in  human  teeth,  under  the  direction  of  a 
registered  dentist  of  this  state,  and  in  public  or  private  schools 
or  institutions,  upon  approval  by  the  local  board  of  health. 

3.  Name.  Amend  section  27  of  chapter  251  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  27.  Business  Name.  No  person 
shall  operate  any  dental  office  under  any  name  other  than  the 
name  of  the  dentist  or  dentists  actually  owning  the  practice. 
The  provisions  of  this  section  shall  not  apply  to  any  corpo- 
ration which,  upon  the  date  of  the  passage  of  this  act,  was 
operating  a  dental  office  under  a  corporate  title  containing  the 
name  of  the  dentist  or  dentists  actually  owning  the  practice, 
so  long  as  the  corporate  title  shall  continue  to  contain  the 
name  of  the  dentist  or  dentists  from  time  to  time  actually 
owning  the  practice. 

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

[Approved  April  14,  1949.] 


CHAPTER  143. 


AN  ACT  RELATIVE  TO  OPERATION  OF  MOTOR  VEHICLES  BY 
AMPUTEES. 

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

1.     Motor  Vehicles.     Amend   chapter   116   of  the   Revised 
Laws  by  inserting  after  section  12  the  following  new  sections : 


138  Chapter  144  [1949 

12-a.     Special  Tags  for  Motor  Vehicles  of  Amputees.     The 

commissioner  shall  furnish  without  charge  for  every  motor 
vehicle  owned  by  a  veteran  of  World  Wars  I  and  II  who,  be- 
cause of  being  an  amputee,  has  received  said  motor  vehicle 
from  the  United  States  government  or  whose  vehicle  is  to  re- 
place one  so  received,  a  card  or  tag  which  may  be  attached  to 
the  visor  or  otherwise  of  said  motor  vehicle  so  that  it  may  be 
read  through  the  windshield  when  said  motor  vehicle  is 
parked.  The  commissioner  shall  determine  the  form,  shape  and 
color  of  said  identification  tag  or  card  and  shall  also  determine 
the  information  to  be  contained  on  said  card.  12-b.  Parking. 
Any  motor  vehicle  carrying  the  identification  tag  or  card  pro- 
vided for  in  section  12-a  shall  be  allowed  free  parking  time  in 
any  city  or  town  so  long  as  said  motor  vehicle  is  under  the 
direct  control  of  the  owner. 

2.     Takes    Effect.       This    act    shall    take    efl:ect    upon    its 
passage. 
[Approved  April  21,  1949.] 


CHAPTER  144. 


AN  ACT  AUTHORIZING  THE  SUPERIOR  COURT  TO  APPOINT  AUDITORS 
IN  CERTAIN  ACTIONS  AT  LAW^. 

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

1.  Auditors,  Appointment  of,  in  Actions  at  La-w.  Amend 
Revised  Laws,  chapter  395,  section  1  by  striking  out  said 
section  and  by  substituting  therefor  the  following:  1. 
Appointment.  Whenever  in  an  action  pending  in  the  superior 
court  an  investigation  of  accounts  or  an  examination  of 
vouchers  is  necessary  or  the  issues  as  to  damages  are  complex 
and  intricate,  one  or  more  auditors  may  be  appointed  to  hear 
the  parties,  examine  their  vouchers  and  evidence,  state  the 
account  or  damages  and  report  upon  such  matters  therein  as 
may  be  ordered  by  the  court. 

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

[Approved  April  21,  1949.] 


1949]  Chapters  145,  146  139 

CHAPTER  145. 

AN  ACT  RELATIVE  TO  ALLEGATIONS   OF  MISCONDUCT  IN  DIVORCE 

PROCEEDINGS. 

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

1.  Misconduct.  Amend  chapter  339  of  the  Revised  Laws 
by  adding-  after  section  33  the  following  new  section:  34. 
Third  Parties.  Any  person  not  a  party  to  the  proceedings 
who  is  accused  of  misconduct  with  the  libelee  in  a  libel  or 
cross  libel  for  divorce  or  petition  or  cross  petition  for  legal 
separation  shall  be  duly  served  seasonably  with  an  attested 
copy  of  such  libel  or  petition  with  the  usual  order  of  notice 
thereon.  Such  service  shall  not  be  required  when  it  appears 
that  said  third  party  resides  outside  the  state  nor  when  said 
third  party  has  been  convicted  of  such  misconduct  with  the 
libelee  as  charged  in  said  libel  or  petition.  Such  third  party, 
wherever  he  may  reside,  shall  have  the  rig-ht  to  appear  and 
be  heard  in  said  proceedings. 

2.  Takes  Effect.  This  act  shall  take  effect  upon  its  passage 
but  shall  not  apply  to  actions  pending  on  the  date  of  its 
passage. 

[Approved  April  21,  1949.] 


CHAPTER  146. 

AN  ACT  RELATING  TO  ENLARGING  SCHOOLHOUSE  LOTS. 

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

1.  Schoolhouse  Lots.  Amend  section  16,  chapter  141  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  16.  Enlargement  of  Lot.  The 
school  board  may  enlarge  any  existing  lot  used  for  school  pur- 
poses upon  such  petition  to  it  and  proceedings  thereon  as  are 
required  to  authorize  it  to  determine  the  location  for  a  school- 
house. 

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

[Approved  April  21,  1949.] 


140  Chapter  147  [1949 

CHAPTER  147. 

AN  ACT  RELATING  TO  THE  PURCHASE  OF  MILK  OR  CREAM  FOR 
RESALE  OR  MANUFACTURE. 

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

1.  Purchase  of  Milk.  Amend  section  1  of  chapter  195  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  1.  License.  Every  person 
who  purchases  milk  or  cream  from  producers  within  this  state, 
to  be  either  resold  as  milk  or  cream,  or  manufactured  into 
other  dairy  products,  shall  first  obtain  a  license  and  give 
security  in  accordance  with  sections  4  and  5 ;  provided  that  no 
resident  person,  association  or  corporation,  making  such  pur- 
chases and  sales,  shall  be  required  to  give  security  as  long  as 
payment  for  such  purchases  is  made  on  or  before  the  tenth 
day  of  each  calendar  month  for  milk  and  cream  purchased  and 
delivered  during  the  first  half  of  the  previous  month  and  on  or 
before  the  twenty-fifth  day  of  each  calendar  month  for  milk 
and  cream  purchased  and  delivered  during  the  last  half  of  the 
previous  month;  and  provided  further  that  satisfactory 
evidence  of  payment  is  filed  with  the  commissioner  on  the 
tenth  and  twenty-fifth  days  of  each  calendar  month ;  and  pro- 
vided further  that  the  provisions  of  this  section  shall  not  apply 
to  a  producer-dealer  making  such  purchases  from  not  more 
than  two  producers  within  this  state. 

2.  Commissioner  of  Agriculture.  Amend  section  8  of 
chapter  195  of  the  Revised  Laws  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  8.  Powers. 
In  administering  this  chapter  the  commissioner  shall  have  the 
power  to  make  rules  and  regulations,  subpoena  and  examine, 
under  oath,  producers,  distributors  and  any  other  person, 
their  books,  records,  documents,  correspondence  and  accounts, 
as  he  deems  necessary  to  carry  out  the  purposes  and  intent 
hereof. 

3.  Failure  to  Make  Payments.  Amend  section  10  of 
chapter  195  of  the  Revised  Laws  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  10.  Forfeiture 
of  Security.  If  such  licensee  for  the  space  of  one  day  after  the 
date  upon  which  the  payment  of  the  several  amounts  due  his 
vendors  became  due,  fails  to  pay  the  amount  due  for  milk  or 
cream  delivered  or  furnished  bv  such  creditor  such  licensee 


1949]  Chapter  147  141 

shall  by  reason  of  such  non-payment  be  in  default  as  to  all 
patrons  whose  accounts  shall  then  remain  unpaid,  and  the 
bond  or  other  security  hereinbefore  provided  for  shall  be  for- 
feited to  the  extent  of  all  sums  then  due  from  such  licensee 
to  his  several  patrons  in  this  state  and  by  virtue  of  such  de- 
fault the  conditions  of  such  bond  or  other  securities  shall  be 
deemed  to  be  broken. 

4.  Authority  of  Commissioner.  Amend  section  12  of 
chapter  195  of  the  Revised  Laws  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  12.  Proceed- 
ings for  Recovery.  Upon  breach  of  the  condition  of  a  bond, 
mortgage,  or  other  security  the  commissioner  may  upon  his 
own  motion  or  upon  application  by  a  patron  of  a  person  whose 
account  for  products  furnished  such  licensee  remains  unpaid 
as  hereinbefore  provided,  institute  appropriate  proceedings 
thereon  in  his  name  as  trustee  for  the  benefit  of  all  of  the 
patrons  of  such  licensee  in  this  state  to  whom  such  licensee 
may  be  indebted  at  the  time  such  proceedings  shall  be  insti- 
tuted. Such  proceedings  may  be  commenced  in  any  county 
in  this  state  where  a  patron  of  such  licensee  resides. 

5.  Licenses.  Amend  section  14  of  chapter  195  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  14.  Suspension  of  License.  Upon 
breach  of  the  condition  of  a  bond,  mortgage  or  other  security, 
as  provided  in  section  12,  or  failure  to  comply  with  the  pro- 
visions of  section  1  relative  to  furnishing  satisfactory  evidence 
of  payments  for  purchases  of  milk  or  cream,  the  commissioner 
of  agriculture  may  suspend  the  license  of  such  licensee  for  such 
time  as  he  may  deem  necessary. 

6.  Further  Requirements.  Amend  section  9  of  chapter  195 
of  the  Revised  Laws  by  striking  out  the  word  "therefor"  in 
the  first  line  and  inserting  in  place  thereof  the  words,  for  pur- 
chases of  milk  or  cream,  so  that  said  section  as  amended  shall 
read  as  follows:  9.  Statements  of  Quantity.  At  the  time 
payment  is  made  for  purchases  of  milk  or  cream,  such  licensee 
shall  furnish  to  each  payee  a  statement  of  the  quantity  de- 
livered or  furnished  by  him  during  the  period  covered  by  the 
payment  so  made,  together  with  the  price  allowed  for  the  same. 

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

[Approved  April  21,  1949.] 


142  Chapter  148  [1949 

CHAPTER  148. 

AN  ACT  RELATIVE  TO  AIRPORT  MANAGERS  AND  THEIR  POWERS 

AND  DUTIES. 

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

1.  Declaration  of  Purpose.  It  is  hereby  found  and  de- 
clared that  supervision  and  control  of  the  operation  of  landing 
areas  by  an  airport  manager  is  necessary  to  protect  and  pro- 
mote the  public  interest  and  safety  in  connection  with  the 
operation  of  aircraft. 

2.  Airport  Manager.  Amend  chapter  306  of  the  Revised 
Laws  by  adding  after  section  17-b  as  inserted  by  section  6, 
chapter  281,  Laws  of  1947,  the  following  new  section:  17-c. 
Airport  Manager.  The  operation  of  any  landing  area  licensed 
or  registered  under  the  provisions  of  this  chapter  shall  be 
under  the  supervision  and  control  of  an  airport  manager  and 
his  authorized  representatives  approved  by  the  commission. 
Said  airport  manager  and  his  authorized  representatives  shall 
be  deputized  as  law  enforcement  officers  by  appropriate  officials 
in  whose  jurisdiction  the  landing  area  is  located  and  shall  have 
and  exercise  the  powers  and  duties  of  such  law  enforcement 
officials  in  respect  to  all  violations  of  law  or  rules  and 
regulations  occurring  on  or  in  the  immediate  vicinity  of  the 
landing  area.  The  airport  manager  or  his  authorized  repre- 
sentative shall  have  full  power  to  close  the  airport  against  the 
takeoff  of  any  aircraft  when  in  his  opinion  the  proposed  flight 
cannot  be  conducted  without  endangering  the  life  or  property 
of  others.  Provided,  that  the  power  granted  hereby  shall  not 
be  used  to  prevent  any  flight  which  can  be  conducted  in  accord- 
ance with  the  then  current  federal  and  state  regulations  gov- 
erning the  operation  of  aircraft. 

3.  Takes  Eflfect.     This  act  shall  take  effect  June  1,  1949. 
[Approved  April  21,  1949.] 


1949]  Chapter  149  143 

CHAPTER  149. 

an  act  providing  for  additional  appropriations  for  certain 

departments  for  the  fiscal  year  ending 

June  30,  1949. 

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

1.  Deficiency  Appropriations.  The  sum  of  three  hundred 
twenty  thousand  seven  hundred  eighty-six  dollars  and  seventy- 
one  cents  is  hereby  appropriated  to  meet  deficits  as  follows: 
For  forestry  and  recreation,  forest  fire  bills  to  towns,  twenty- 
seven  thousand  five  hundred  dollars;  for  state  treasury,  for 
bounties,  ten  thousand  dollars,  for  highway  division  of  the 
treasury  for  current  expenses,  two  thousand  dollars;  for 
treasury  general  current  expenses  two  thousand  dollars;  for 
longevity  for  state  employees  two  thousand  dollars;  for  em- 
ployees retirement  system,  normal  contribution,  forty  thou- 
sand nine  hundred  and  fifty  dollars;  for  adjutant  general, 
eighteen  thousand  seven  hundred  dollars;  for  superintendent 
of  buildings  and  grounds,  seven  thousand  one  hundred  thirty- 
six  dollars  and  seventy-orte  cents;  for  cancer  commission, 
thirty-five  thousand  dollars;  for  state  police,  twenty  thousand 
dollars;  for  comptroller,  one  thousand  dollars;  for  executive 
department,  emergency  fund,  one  hundred  forty-two  thousand 
dollars;  for  constitutional  convention,  seven  thousand  five 
hundred  dollars;  for  New  Hampshire  war  records  committee, 
five  thousand  dollars.  Total  deficiency  appropriation,  three 
hundred  twenty  thousand  seven  hundred  eighty-six  dollars  and 
seventy-one  cents.  Two  thousand  dollars  to  be  a  charge  upon 
the  highway  funds.  Three  hundred  eighteen  thousand  seven 
hundred  eighty-six  dollars  and  seventy-one  cents  to  be  a 
charge  upon  funds  not  otherwise  appropriated.  The  gover- 
nor is  hereby  authorized  to  draw  his  warrant  for  the  sums  as 
above  appropriated. 

2.  Appropriation  for  Department  of  Agriculture.  The 
sum  of  three  hundred  eighty-one  thousand  dollars  is  hereby 
appropriated  for  the  fiscal  year  ending  July  1,  1949  and  the 
additional  sum  of  seventy  thousand  dollars  for  the  said  fiscal 
year.  Said  three  hundred  eighty-one  thousand  dollars  is 
provided  for  the  deficiency  and  said  seventy  thousand  dollars  is 
provided  for  supplemental  needs  of  the  department  of  agricul- 


144  Chapter  149  [1949 

ture  for  indemnities  in  the  eradication  of  Brucellosis  (Bang's 
disease)  and  for  bovine  tuberculosis.  The  governor  with  the 
advice  and  consent  of  the  council  shall  draw  his  warrant  for 
the  payment  of  this  deficiency  and  for  the  supplemental  needs 
of  the  department  from  the  funds  provided  in  section  3. 

3.  Bonds  and  Notes  Authorized.  To  provide  funds  for 
the  payment  of  the  appropriation  made  under  section  2, 
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  four  hundred  fifty-one  thou- 
sand dollars,  upon  the  credit  of  the  state,  and  for  that  purpose 
may  issue  bonds  or  notes,  in  the  name  and  on  behalf  of  the 
state  of  New  Hampshire,  at  a  rate  of  interest  to  be  payable 
semi-annually.  Such  bonds  or  notes  shall  be  in  such  form  and 
such  denominations  as  the  governor  and  council  may  de- 
termine, may  be  registerable  as  to  both  principal  and  interest, 
and  shall  be  countersigned  by  the  governor  and  shall  be 
deemed  a  pledge  of  the  faith  and  credit  of  the  state. 

4.  Records  and  Accounts.  The  secretary  of  state  and  the 
state  treasurer  shall  keep  accounts  of  the  bonds  and  notes 
issued  under  the  provisions  of  section  3  as  they  are  requii'ed 
to  keep  for  the  bonds  and  notes  authorized  by  chapter  159  of 
the  Laws  of  1939  and  chapter  137  of  the  Laws  of  1945.  The 
treasurer  shall  negotiate  and  sell  such  bonds  or  notes  in  the 
same  manner  as  provided  in  said  chapter  159,  and  chapter  137. 

5.  Short-Time  Notes.  Prior  to  the  issuance  of  serial  bonds 
or  notes  hereunder  the  treasurer,  with  the  consent  of  the  gov- 
ernor and  council,  for  the  purposes  hereof  may  borrow  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  sum  of 
four  hundred  and  fifty-one  thousand  dollars. 

6.     Takes  Effect.      This  act  shall  take  effect  upon  its 
passage. 
[Approved  April  22,  1949.] 


1949]  Chapters  150,  151  145 

CHAPTER  150. 

AN  ACT  RELATING  TO  PAYMENT  OP  POLL  TAXES. 

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

1.  Poll  Taxes.  Amend  section  3,  chapter  116,  Revised 
Laws,  as  amended  by  section  1,  chapter  105,  Laws  of  1947,  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  3.  Payment  of  Poll  Tax  Required.  No  person 
shall  be  entitled  to  register  a  motor  vehicle  or  to  obtain  an 
operator's  license  for  the  same,  or  to  secure  a  hunting  and 
fishing  or  trapping  license,  without  showing  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  making  oath, 
or  affirmation  under  the  pains  and  penalties  of  perjury,  that 
he  has  paid  such  taxes  or  has  been  lawfully  relieved  from  such 
payment  by  reason  of  exemption  or  abatement ;  provided,  how- 
ever, that  a  permit  or  license  may  be  issued  if  the  selectmen 
or  assessors  certify  that,  in  their  opinion,  the  applicant  should 
be  granted  such  permit  or  license  even  though  the  taxes  have 
not  been  paid. 

2.  Repeal.  Section  4,  chapter  247,  Revised  Laws,  as 
amended  by  section  1,  chapter  52,  Laws  of  1943,  and  section  3, 
chapter  117,  Revised  Laws,  are  hereby  repealed. 

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

[Approved  April  22,  1949.] 


CHAPTER  151. 


AN  ACT  RELATING  TO  BINDER  CHAINS  ON  LOADS  OF  LOGS, 
LUMBER  AND  TIMBER. 

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

1.  Motor  Trucks,  Trailers.  Amend  chapter  119  of  the  Re- 
vised Laws  by  inserting  after  section  39  the  following  new 
section:  39-a.  Binder  Chains.  No  motor  truck,  trailer  or 
semi-trailer,  while  being  used  to  transport  a  load  of  logs, 
lumber  or  timber,  the  height  of  which  with  load  is  greater 


146  Chapter  152  [1949 

than  eight  feet  and  the  length  of  whose  load  is  greater  than 
eight  feet  shall  be  operated  on  the  highways  of  this  state  un- 
less each  such  load  on  each  such  unit  is  bound  by  three 
chains  and  binders,  said  chains  made  of  not  less  than  three- 
eighths  inch  wire,  and  unless  said  chains  and  binders  are  held 
firmly  in  place  and  are  properly  spaced  to  secure  the  load. 

2.     Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  April  22,  1949.] 


CHAPTER  152. 


AN  ACT  RELATIVE  TO  WORKMEN'S  COMPENSATION,  CLARIFYING 

FINANCIAL  RESPONSIBILITY  AND  THE  PAYMENT  OF 

COMPENSATION. 

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

1.  Workmen's  Compensation.  Amend  section  8  of 
chapter  216  of  the  Revised  Laws  as  inserted  by  chapter  266 
of  the  Laws  of  1947  by  striking  out  in  the  sixth  line  the 
word  "commission"  and  inserting  in  place  thereof  the  word, 
commissioner;  further  amend  said  section  by  striking  out  in 
the  seventh  and  eighth  lines  the  words  "notice  of  such  insur- 
ance, together  with  a  copy  of  policy  declarations"  and  insert- 
ing in  place  thereof  the  words,  such  evidence  of  such  coverage 
as  he  may  determine,  so  that  said  section  as  amended  shall 
read  as  follows :  8.  Securing  Compensation.  Employers  sub- 
ject to  this  chapter  shall  secure  compensation  to  their  em- 
ployees in  one  of  the  following  ways:  I.  By  insuring  and 
keeping  insured,  the  payment  of  such  compensation  with  a 
company  licensed  to  write  woikmen's  compensation  insurance 
in  the  state  and  filing  with  the  commissioner  of  labor,  in  a 
form  prescribed  by  him,  such  evidence  of  such  coverage  as  he 
may  determine. 

n.  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. 

2.  Compensation  for  Death.  Amend  paragraph  I,  section 
20,  chapter  216  of  the  Revised  Laws  as  inserted  by  chapter  266 


1949]  Chapter  153  147 

of  the  Laws  of  1947  by  striking  out  the  word  "its"  in  the 
fourth  hne  and  inserting  in  place  thereof  the  word,  his,  so  that 
said  section  as  amended  shall  read  as  follows :  I.  In  all  cases 
where  compensation  is  payable  to  a  widow  or  widower  for  the 
benefit  of  herself  or  himself  and  dependent  child  or  children, 
the  commissioner  of  labor  shall  have  power  to  determine  in  his 
discretion  what  portion  of  the  compensation  shall  be  applied 
for  the  benefit  of  any  such  child  or  children  and  may  order  the 
same  paid  to  a  guardian. 

3.  Computation.  Amend  section  25,  chapter  216  of  the 
Revised  Laws,  as  inserted  by  chapter  266,  Laws  of  1947,  by 
striking  out  the  word  "sections"  in  the  second  line  and  insert- 
ing in  place  thereof  the  word,  section,  so  that  said  section  as 
amended  shall  read  as  follows :  25.  Computation.  The  com- 
pensation paid  under  the  provisions  of  section  24  shall  be  in 
lieu  of  any  and  all  compensation  due  under  any  other  pro- 
visions of  this  chapter,  except  that  if  the  total  compensation 
to  which  the  employee  is  entitled  under  the  provisions  of  this 
chapter,  exclusive  of  said  section  24,  exceeds  the  compensation 
provided  under  said  section  24  said  employee  shall  be  entitled 
to  such  compensation  in  lieu  of  the  compensation  due  under 
section  24. 

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

[Approved  April  22,  1949.] 


CHAPTER  153. 


AN  ACT  EMPOWERING  THE  SUPERIOR  COURT  TO  MAKE  ORDERS  FOR 
SUPPORT  IN  CERTAIN  CASES. 

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

1.  Non-Support.  Whenever  a  person  residing  in  this  state 
fails  to  provide  for  the  support  of  any  other  person  wherever 
resident  to  whom  the  duty  of  support  is  owed  under  any  law 
of  this  state  or  would  be  owed  if  such  other  person  were  a 
resident  of  this  state,  the  superior  court,  upon  petition  of  the 
person  to  whom  the  duty  is  owed  or  of  any  public  agency 
assisting  in  the  support  of  such  person,  and  such  procedure 


148  Chapter  153  [1949 

thereon  as  in  divorce  cases,  may  make  such  orders  for  support 
as  justice  may  require. 

2.  Non-Resident.  Whenever  the  person  to  whom  the  duty 
of  support  is  owed  resides  in  another  state,  the  petition  may 
be  filed  in  the  court  of  the  state  of  residence  having  juris- 
diction over  petitions  for  support,  and  upon  a  certification  by 
a  judge  thereof  that  the  petitioner  appears  to  be  in  need  of 
support,  the  clerk  of  such  court  may  send  an  attested  copy  of 
the  petition  to  the  clerk  of  the  superior  court  for  the  county  in 
this  state  in  which  the  petitionee  resides.  The  clerk  of  the 
superior  court  shall  file  the  petition  and  shall  forthwith  notify 
the  county  solicitor  thereof. 

3.  Superior  Court.  Whenever  the  person  who  owes  the 
duty  to  support  resides  in  another  state,  the  petition  may  be 
filed  in  the  superior  court  of  the  county  in  this  state  in  which 
the  petitioner  resides,  and  upon  a  certificate  by  a  judge  there- 
of that  the  petitioner  appears  to  be  in  need  of  support,  the 
clerk  of  court  shall  send  an  attested  copy  of  the  petition  to  the 
clerk  of  the  court  of  the  state  having  jurisdiction  of  petitions 
for  support,  within  whose  jurisdiction  the  petitionee  resides. 

4.  Revision  of  Orders.  Upon  motion,  and  notice  to  the 
petitionee  and  to  the  county  solicitor,  or  upon  a  new  petition 
by  either  party  and  like  procedure  thereon,  the  court  may 
modify  and  revise  its  orders  and  decrees. 

5.  Temporary  Order.  At  any  time  after  the  filing  of  a 
petition  for  support,  and  before  final  hearing,  the  court  may, 
on  satisfactory  affidavits  or  other  proofs,  order  a  temporary 
allowance  to  be  paid  to  or  for  the  petitioner,  pending  a  hear- 
ing on  the  merits  of  the  petition. 

6.  Attachment.  Upon  such  petition  an  attachment  of  the 
petitionee's  property  may  be  made  as  in  the  case  of  a  libel  for 
divorce  and  the  court  may  make  interlocutory  orders  therein 
as  in  divorce  cases  and  its  orders  shall  be  enforced  in  like 
manner. 

7.  Evidence.  The  formal  rules  of  evidence  shall  not  be 
applicable,  but  the  court  may  admit  such  evidence  as  in  its 
reasonable  discretion  it  deems  proper.  Ex  parte  affidavits  or 
depositions  may  be  admitted,  but  in  such  case  upon  the  request 
of  either  party,  depositions  may  be  ordered  by  the  court  and 
the  hearing  continued  for  a  reasonable  time. 


1949]  Chapter  154  149 

8.  Appeal.  Any  order  for  support  made  by  the  court  shall 
not  be  vacated  by  an  appeal,  but  shall  continue  in  effect  until 
the  appeal  is  decided,  and  thereafter  if  the  appeal  is  denied, 
until  changed  by  further  order  of  the  court. 

9.  Nature  of  Remedy.  The  remedies  afforded  by  this  act 
shall  be  cumulative. 

10.  County  Solicitor.  It  shall  be  the  duty  of  the  county 
solicitor  to  represent  the  petitioner  in  any  petition  filed  under 
this  chapter,  and  all  costs  incurred  shall  be  paid  as  ordered  by 
the  court. 

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

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

[Approved  April  23,  1949.] 


CHAPTER  154. 


AN  ACT  RELATING  TO  THE  PRACTICE  OF  EMBALMING  AND 
FUNERAL  DIRECTING. 

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

1.  Qualifications.  Amend  section  13  of  chapter  168  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  13.  Embalmers.  No  person 
shall  embalm  dead  human  bodies  or  engage  or  hold  himself 
out  as  engaged  in  embalming  whether  on  his  own  behalf  or  in 
the  employ  of  another,  unless  he  shall  be  at  least  twenty-one 
years  of  age,  a  citizen  of  the  United  States,  be  of  good  moral 
character,  shall  hold  a  diploma  or  certificate  showing  com- 
pletion of  a  high  school  course  or  its  equivalent,  shall  have 
completed  a  two-year  course  in  apprenticeship  under  the 
supervision  and  instruction  of  a  duly  registered  embalmer 
actively  engaged  in  embalming  in  this  state  and  shall  have 
completed  a  full  course  of  instruction  in  an  embalming  school 
maintaining  at  that  time  a  standard  satisfactory  to  the  board, 
and  pass  such  examinations  as  the  board  may  deem  proper  to 
ascertain  his  efficiency  and  qualifications  to  engage  in  embalm- 


150  Chapter  155  [1949 

ing,  and  obtain  a  certificate  of  registration  from  the  board  to 
that  effect.  Provided,  however,  that  a  one-year  apprentice- 
ship only  shall  be  required  of  any  person  now  registered  as  an 
apprentice  or  now  attending  an  embalming  school  as  afore- 
said. 

2.  Issuance  of  Certificates.  Amend  section  15  of  chapter 
168  of  the  Revised  Laws  by  striking  out  the  same  and  insert- 
ing in  place  thereof  the  following:  15.  Corporations,  etc 
The  board,  after  notice  and  hearing,  may  issue  an  embalmer's 
or  funeral  director's  certificate,  or  both,  to  a  corporation  or  a 
partnership  when  one  or  more  of  its  officers  or  partners  is 
actually  engaged  in  the  conduct  of  the  business  and  is  the 
holder  of  an  embalmer's  or  funeral  director's  certificate,  or 
both,  and  the  officers  of  the  corporation  and  the  partners  are 
financially  responsible  and  of  good  moral  character,  and  may 
revoke  the  certificate  when  the  board  is  satisfied  that  the 
corporation  or  its  officers  or  employees  or  the  partners  or 
their  employees  are  not  of  good  moral  character  or  are  guilty 
of  incompetency  or  unprofessional  conduct. 

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

[Approved  April  23,  1949.] 


CHAPTER  155. 


AN  ACT  PROVIDING  FOR  NOTICE  TO  MORTGAGEE  BY  THE 
TAX  COLLECTOR. 

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,  as  amended  by  chapter  187,  Laws  of  1947, 
by  striking  out  the  whole  of  said  section  and  inserting  in  place 
thereof  the  following:  25.  Notice  to  Mortgagee.  The  pur- 
chaser of  any  real  estate  sold  by  a  collector  of  taxes,  within 
thirty  days  from  the  date  of  such  sale,  shall  notify  all  persons 
holding  mortgages  upon  such  property  as  recorded  in  the  office 
of  the  register  of  deeds.  Whenever  a  town  becomes  such  a  pur- 
chaser and  the  selectmen  thereof  determine  that  one  or  more 
outstanding  mortgages  exist,  they  may  direct  the  collector  of 


1949]  Chapter  156  151 

taxes  to  give  such  notice  to  any  mortgagee,  and  the  collector 
shall  thereupon  be  entitled  to  receive  the  same  fees  as  pro- 
vided in  section  30  for  notifying  anj^  mortgagee  of  a  payment 
after  sale.  Such  notice  shall  give  the  date  of  the  tax  sale, 
the  name  of  the  delinquent  taxpayer,  the  total  amount  for 
which  said  real  estate  was  sold  and  the  amount  of  costs  for 
notifying  mortgagees.  As  provided  in  section  30  of  this 
chapter,  the  tax  collector  shall  send  a  similar  notice  to  any 
mortgagee  within  fifteen  days  of  the  time  of  payment  of  any 
subsequent  tax  thereon  by  the  purchaser.  Any  tax  sale  of 
such  encumbered  real  estate  shall  be  void  as  against  any 
mortgagee  and  no  tax  collector's  deed  based  on  said  sale  shall 
be  valid  unless  the  mortgagees  shall  have  been  notified  in  the 
manner  provided  in  section  26,  but  the  tax  and  any  sub- 
sequent tax  payments  made  upon  the  property  by  the  pur- 
chaser, duly  recorded  under  the  provisions  of  section  30,  shall 
be  collectible  and  payment  may  be  enforced  by  suit  under  the 
provisions  of  section  43. 

2.     Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  April  25,  1949.] 


CHAPTER  156. 

AN  ACT  RELATIVE  TO  FACTORS  LIENS. 

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

1.  Factors  Liens.  Amend  section  1  of  chapter  262-A  of 
the  Revised  Laws  as  inserted  by  chapter  161,  Laws  of  1943, 
by  striking  out  the  words  "There  shall  be  placed  and  main- 
tained on  the  door  or  in  a  conspicuous  place  at  the  main  en- 
trance of  the  store,  loft  or  other  premises  in  or  at  which  such 
merchandise,  or  any  part  thereof,  shall  be  located,  kept  or 
stored,  a  sign  on  which  appears  in  legible  English  the  name  of 
the  factor  and  a  designation  of  said  factor  as  factor ;  and  pro- 
vided further"  in  the  twentieth  to  twenty-sixth  lines;  and 
further  amend  said  section  by  inserting  before  the  word 
"known"  in  the  thirty-sixth  line  the  word,  is;  and  further 
amend  said  section  by  inserting  after  the  word  "time"  in  line 


152  Chapter  156  [1949 

thirty-nine  the  words,  whether  definite  or  indefinite,  so  that 
said  section  as  amended  shall  read  as  follows:  1.  Factors 
Liens.  If  so  provided  by  any  written  agreement,  all  factors 
shall  have  a  continuing  general  lien  upon  all  merchandise  from 
time  to  time  consigned  to  or  pledged  with  them,  whether  in 
their  constructive,  actual  or  exclusive  occupancy  or  possession 
or  not,  and  upon  any  accounts  receivable  or  other  proceeds  re- 
sulting from  the  sale  or  other  disposition  of  such  merchandise, 
for  all  their  loans  and  advances  to  or  for  the  account  of  the 
person  creating  the  lien  (hereinafter  called  the  borrower), 
together  with  interest  thereon,  and  also  for  any  commission, 
charges,  and  expenses  properly  chargeable  against  or  due  from 
said  borrower  and  for  the  amount  due  upon  any  notes  or  other 
obligations  given  to  or  received  by  them  for  or  on  account  of 
any  such  loans  or  advances,  interest,  commission,  charges,  and 
expenses,  and  such  lien  shall  be  valid  from  the  time  of 
filing  the  notice  hereinafter  referred  to,  and  whether  such 
merchandise  shall  be  in  existence  at  the  time  of  the  agree- 
ment creating  the  lien  or  at  the  time  of  filing  such  notice  or 
shall  come  into  existence  subsequently  thereto  or  shall  sub- 
sequently thereto  be  acquired  by  the  borrower;  provided,  that 
a  notice  of  the  lien  is  recorded,  as  hereinafter  provided, 
stating: 

a.  The  name  of  the  factor,  the  name  under  which  the 
factor  does  business,  if  an  assumed  name;  the  principal  place 
of  business  of  the  factor  within  the  state,  or  if  he  has  no  place 
of  business  within  the  state,  his  principal  place  of  business  out- 
side of  this  state;  and  if  the  factor  is  a  partnership  or  asso- 
ciation, the  names  of  the  partners,  and  if  a  corporation,  the 
state  under  whose  laws  it  was  organized. 

b.  The  name  of  the  borrower,  and  the  interest  of  such 
person  in  the  merchandise,  as  far  as  is  known  to  the  factor. 

c.  The  general  character  of  merchandise  subject  to  the 
lien,  or  which  may  become  subject  thereto,  and  the  period  of 
time,  whether  definite  or  indefinite,  during  which  such  loans 
or  advances  may  be  made  under  the  terms  of  the  agreement 
providing  for  such  loans  or  advances  and  for  such  lien. 
Amendments  of  the  notice  may  be  recorded  from  time  to  time 
specifying  any  changes  in  the  information  contained  in  the 
original  or  prior  notices. 


1949J  Chapter  157  153 

2.  Borrower.  Amend  section  2  of  said  chapter  262-A  by 
striking  out  all  of  said  section  and  inserting  in  place  thereof 
the  following:  2.  Record.  Such  notice  shall  be  signed  and 
verified  under  oath  by  the  factor  or  his  agent  and  by  the 
borrower  or  his  agent  to  the  effect  that  the  statements  there- 
in contained  are  true  to  the  best  of  their  knowledge.  It  shall 
be  recorded  in  the  office  of  the  town  clerk  where  the  borrower 
resides,  if  the  borrower  is  a  resident  of  this  state,  otherwise 
in  the  office  of  the  town  clerk  where  such  merchandise  is 
located.  The  clerk  of  said  town  shall,  when  such  notice  is 
filed  or  left  for  record,  endorse  thereon  a  certificate  of  the  date 
and  time  of  day  of  its  reception  and  shall  record  in  a  book 
kept  for  records  of  mortgages  of  personal  property  any  such 
notice,  amendments  of  notice,  transfer  or  discharge  thereof. 
The  names  of  the  factor  and  borrower  shall  be  indexed  in  the 
same  manner  as,  and  along  with,  the  index  of  mortgagors  and 
mortgagees  of  personal  property. 

3.  Liens.  Amend  said  chapter  262-A  by  inserting  after 
section  4  the  following  new  section :  4-a.  Assignment,  Fore- 
closure. A  lien  on  merchandise  created  in  accordance  with 
the  provisions  of  this  chapter  may  be  assigned,  redeemed  or 
foreclosed  in  the  same  manner  as  mortgages  of  personal  prop- 
erty or  in  such  manner  as  is  provided  for  in  the  written  agree- 
ment between  the  factor  and  the  borrower. 

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

[Approved  April  26,  1949.] 


CHAPTER  157. 


AN  ACT  RELATING  TO  APPEALS  FROM  TAXES  ASSESSED  AGAINST 

INSURANCE  COMPANIES  BY  THE  INSURANCE 

COMMISSIONER. 

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

1.  Appeal  From  Taxes  Assessed  Against  Insurance  Com- 
panies. Amend  chapter  323  of  the  Revised  Laws  as  amended 
by  chapter  71  of  the  Laws  of  1945  by  inserting  after  section  61 
the  following  new  sections:     61-a.     Petition.     Any  insurance 


154  Chapter  158  [1949 

company  authorized  to  do  business  in  this  state,  having  com- 
plied with  the  provisions  of  chapter  323  of  the  Revised  Laws, 
as  amended  by  chapter  71  of  the  Laws  of  1945,  which  shall 
deem  itself  aggi'ieved  by  reason  of  any  tax  assessed  against 
it  by  the  insurance  commissioner,  may  apply  within  one  year 
after  notice  of  any  tax  assessed  against  it,  and  not  afterwards^ 
by  petition  to  the  superior  court  in  and  for  the  county  of 
Merrimack  for  an  abatement  of  so  much  thereof  as  it  may 
claim  to  have  been  unlawfully  assessed  against  it.  61-b. 
Order  by  Court.  Such  petition  shall  be  entitled  against  the 
insurance  commissioner  and  all  orders  of  notice  therein  shall 
be  served  upon  the  insurance  commissioner.  In  any  such 
action  the  superior  court  after  hearing  shall  make  such  order 
as  justice  may  require  and  may  order  the  insurance  commis- 
sioner to  credit  the  petitioner  in  any  tax  assessment  there- 
after made  against  the  petitioner  with  any  amount  found  to 
have  been  illegally  assessed  against  and  paid  by  the  petitioner, 
with  interest  thereon  at  such  rate  as  the  court  may  deem 
just. 

2.     Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  April  26,  1949.] 


CHAPTER  158. 


AN  ACT  TO  PROVIDE  FOR  VOTING  BY  BALLOT  ON  TRANSFERRING 
POWERS  OF  COLLECTOR  OF  TAXES  TO  TOWN  MANAGER. 

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

1.  Town  Ma-nager.  Amend  chapter  55  of  the  Revised 
Laws  by  inserting  after  section  16,  as  inserted  by  section  2, 
chapter  236,  Laws  of  1947,  the  following  new  section:  17. 
Ballot  Vote.  Any  vote  taken  under  the  provisions  of 
section  16  shall  be  by  ballot.  If  the  town  wherein  such  action 
is  to  be  taken  has  adopted  an  official  ballot  system,  and  has 
previously  adopted  the  provisions  of  chapter  55,  the  clerk 
shall  add  to  the  ballot  the  following  question:  "Shall  the 
powers  and  duties  of  the  office  of  collector  of  taxes  be  trans- 


1949]  Chapters  159,  160  155 

ferred  from  said  office  to  that  of  town  manager?"  The 
question  shall  be  followed  by  two  squares,  above  which  shall 
appear  the  word  "yes"  and  the  word  "no"  respectively. 

2.     Takes   Effect.      This   act   shall    take   effect    upon   its 
passage. 
[Approved  April  26,  1949.] 


CHAPTER  159. 


AN  ACT  PROVIDING  FOR  REVOCATION  OF  ACCEPTANCE  OF 
WORKMEN'S  COMPENSATION  IN  CERTAIN  CASES. 

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  inserted  by  chapter  266  of  the  Laws  of  1947 
by  inserting  after  section  3  the  following  new  section:  3-a. 
Revocation.  Any  employer  of  less  than  five  persons  or  of 
farm  labor  or  domestic  servants  or  any  county,  city,  town, 
school  district,  or  any  other  district  established  by  law,  may 
revoke  his  or  its  acceptance  of  the  provisions  of  this  chapter 
by  filing  a  revocation  with  the  labor  commissioner  which  shall 
be  effective  thirty  days  after  such  filing  and  by  posting  a 
notice  of  such  revocation  in  a  conspicuous  place  on  his  or  its 
premises. 

2.  Takes  Effect.  This  act  shall  become  effective  July  1, 
1949. 

[Approved  April  26,  1949.] 


CHAPTER  160. 


AN  ACT  RELATIVE  TO   WORKMEN'S  COMPENSATION,   CLARIFYING 
LIABILITY  OF  THIRD  PERSON. 

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

1.  Liability  of  Third  Person.  Amend  section  12  of  chapter 
216  of  the  Revised  Laws  as  inserted  by  chapter  266  of  the 
Laws  of  1947  by  inserting  after  the  word  "compensation"  in 
the  tenth   and   the  twenty-ninth   lines   the   words,   medical. 


156  Chapter  160  [1949 

hospital  or  other  remedial  care,  so  that  said  section  as  amended 
shall  read:  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  person  other  than  the  employer  a  legal  liability  to 
pay  damages  in  respect  thereto,  the  injured  employee,  in  addi- 
tion to  the  benefits  of  this  chapter,  may  obtain  damages  from 
or  proceed  at  law  against  such  other  person  to  recover 
damages;  provided,  however,  that  the  employer  shall  have  a 
lien  on  the  amount  of  damages  recovered  by  the  employee,  less 
the  expenses  and  costs  of  action,  to  the  extent  of  the  com- 
pensation, medical,  hospital  or  other  remedial  care  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  un- 
til 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  judgment  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  settlement  and  the 
making  of  necessary  orders  to  insure  payment  to  the  em- 
ployer 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 
recover  against  such  third  person,  provided,  if  the  employer 
recovers  from  such  other  person  damages  in  excess  of  the  com- 
pensation, medical,  hospital  or  other  remedial  care  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  employer'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. 

2.     Takes    Eflfect.      This   act   shall    take   effect    upon   its 
passage. 
[Approved  April  26,  1949.] 


1949]  Chapters  161,  162  157 

CHAPTER  161. 

AN  ACT  RELATIVE  TO  TOWN  APPROPRIATIONS  FOR  HOSPITALS. 

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

1.  Town  Appropriations.  Amend  paragraph  VI  of  section 
4  of  chapter  51  of  the  Revised  Laws  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following:  VI. 
Hospitals,  Clinics,  Health  Centers.  To  aid  hospitals  or  clinics 
or  health  centers  in  it  or  in  a  neighboring  town,  which  neigh- 
boring town  may  be  within  or  without  the  state. 

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

[Approved  April  26,  1949.] 


CHAPTER  162. 


an  act  relative  to  the  salaries  of  the  commissioners  of 
Hillsborough  county. 

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

1.  Hillsborough  County.  Amend  section  27  of  chapter  47 
of  the  Revised  Laws,  as  amended  by  chapters  119,  150,  195 
and  202  of  the  Laws  of  1943,  by  section  1  of  chapters  66  and 
163  of  the  Laws  of  1945,  by  section  1  of  chapters  202  and  284 
of  the  Laws  of  1947  and  by  chapter  73  of  the  Laws  of  1949, 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  27.  Commissioners.  The  annual  salary  of  each 
commissioner  of  the  following  counties  shall  be  as  follows,  pay- 
able monthly  by  the  county: 

In  Rockingham,  fifteen  hundred  dollars. 

In  Strafford,  twelve  hundred  dollars. 

In  Belknap,  twelve  hundred  dollars. 

In  Merrimack,  fifteen  hundred  dollars. 

In  Hillsborough,  three  thousand  dollars. 

In  Cheshire,  fifteen  hundred  dollars. 

In  Sullivan,  ten  hundred  dollars. 

In  Grafton,  ten  hundred  dollars. 

In  Coos,  fifteen  hundred  dollars. 


158  Chapters  163,  164  [1949 

In  Carroll  county  each  commissioner,  when  employed  in 
the  business  of  the  county,  shall  receive  eight  dollars  a  day, 
payable  as  hereinbefore  provided.  To  the  foregoing  sums 
shall  be  added,  in  all  the  counties,  a  reasonable  sum  for  all 
necessary  expenses,  upon  order  of  the  county  auditors. 

2.     Takes   Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  April  26,  1949.] 


CHAPTER  163. 

AN  ACT  RELATIVE  TO  TAXATION  OF  PROPERTY. 

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

1.  Taxation.  Amend  section  5  of  chapter  74  of  the  Re- 
vised Laws  by  inserting  after  the  word  "elsewhere"  in  the 
third  line  the  words,  in  this  state,  so  that  said  section  as 
amended  shall  read  as  follows:  5.  Removal  of  Property. 
Any  person  going  into  any  town  in  this  state,  and  taking  with 
him  any  property  upon  which  a  tax  has  not  been  assessed  and 
paid  elsewhere  in  this  state  for  that  year,  and  doing  business 
therein  with  such  property  after  April  first  and  before 
December  thirty-first  of  any  year,  shall  be  taxed  on  such 
property  in  such  town  as  in  the  cases  of  persons  who  have 
escaped  taxation. 

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

[Approved  April  27,  1949.] 


CHAPTER  164. 


AN  ACT  AUTHORIZING  THE  SALE  OF  CERTAIN   PROPERTY  OF  THE 
STATE  IN  THE  TOWN  OF  DORCHESTER. 

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

1.     Authority  Conferred.     The  governor  and  council  on  be- 
half of  the  state  of  New  Hampshire  are  hereby  authorized  and 


1949]  Chapter  165  159 

empowered  to  sell  and  convey  to  James  A.  Spead  for  the  sum 
of  fourteen  hundred  dollars  all  right,  title  and  interest  which 
said  state  of  New  Hampshire  has  acquired  by  escheat  in  and  to 
the  following  described  premises,  to  wit :  Farm  of  sixty-five 
acres  more  or  less  with  the  buildings  thereon  in  the  town  of 
Dorchester  formerly  belonging  to  the  estate  of  Rose  Cham- 
pagne who  died  August  31,  1943.  Said  farm  was  formerly 
known  as  the  Gilman-Dow  farm.  The  proceeds  from  the  sale 
of  the  above  premises  shall  be  turned  into  the  state  treasury 
to  be  available  for  the  general  revenue  of  the  state. 

2.     Takes    Effect.      This   act   shall   take    effect    upon   its 
passage. 
[Approved  April  27,  1949.] 


CHAPTER  165. 


AN  ACT  RELATIVE  TO  COMPETITIVE  BIDDING  FOR  COUNTY 
PURCHASES. 

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

1.  County  Purchases.  Amend  section  8  of  chapter  47  of 
the  Revised  Laws  by  striking  out  the  word  "fifty"  where  it 
occurs  in  the  second  and  the  eighth  lines  and  inserting  in  place 
thereof  the  words,  three  hundred,  so  that  said  section  as 
amended  shall  read  as  follows :  8.  Competitive  Bidding.  Any 
purchase  of  equipment  or  materials  made  by  a  county  in  an 
amount  exceeding  three  hundred  dollars  shall  be  by  competi- 
tive bidding,  provided  that  the  county  commissioners  by 
unanimous  vote  may  waive  the  provisions  for  such  bidding. 
In  case  the  commissioners  so  vote  a  copy  of  such  action  shall 
be  recorded  in  their  offices  with  a  statement  of  the  reasons 
therefor  and  such  record  shall  be  open  to  public  inspection. 
Orders  for  equipment  or  material  to  be  delivered  at  different 
times  where  the  single  delivery  may  be  less  than  three  hun- 
dred dollars  but  the  total  order  exceeds  that  amount  shall  be 
construed  as  coming  within  the  provisions  hereof  requiring 
competitive  bidding. 

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

[Approved  April  27,  1949.] 


160  Chapter  166  [1949 

CHAPTER  166. 

AN  ACT  RELATING  TO  THE  NEW  HAMPSHIRE  MOTOR  CARRIER  ACT. 

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

1.  Definition  of  Terms.  Amend  paragraph  VII  of  section  2 
of  chapter  304  of  the  Revised  Laws  by  striking  out  the  words 
"seven  passengers"  in  the  fifth  line  and  inserting  in  place 
thereof  the  words,  four  persons,  so  that  said  paragi*aph  as 
amended  shall  read  as  follows:  VII.  The  term  "contract 
carrier  of  passengers"  means  any  person  engaged  in  the 
transportation  of  passengers  by  motor  vehicle  for  compen- 
sation for  a  particular  person  or  persons  to  or  from  a  particu- 
lar place  under  separate  agreement  or  agreements  in  vehicles 
having  a  manufacturer's  rated  seating  capacity  of  more  than 
four  persons. 

2.  Taxicabs.  Amend  section  2  of  chapter  304  of  the  Re- 
vised Laws  by  adding  at  the  end  thereof  the  following  new 
paragraph:  XI.  The  term  "taxicabs  means  any  rubber- 
tired  motor  vehicle  having  a  manufacturer's  rated  seating 
capacity  of  not  more  than  seven  persons,  used  in  the  call  and 
demand  transportation  of  passengers  for  compensation  to  or 
from  points  chosen  or  designated  by  the  passengers  and  not 
operated  on  a  fixed  schedule  between  fixed  termini  or  any  such 
vehicle  leased  or  rented,  or  held  for  leasing  or  renting;  with  or 
without  drivers  or  operators. 

3.  Exemptions.  Amend  section  3  of  chapter  304  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  3.  Exemptions.  There  shall 
be  exempt  from  the  provisions  of  this  chapter  (1)  motor 
vehicles  while  employed  solely  in  transporting  school  children 
and  teachers  to  or  from  the  school  for  which  such  arrange- 
ments are  within  the  supervision  or  control  of  the  local  or 
appropriate  state  school  board  authorities;  or  (2)  taxicabs, 
and  other  motor  vehicles  having  a  manufacturer's  rated  seat- 
ing capacity  of  not  more  than  seven  persons,  unless,  after  in- 
vestigation, the  commission  shall  be  of  the  opinion  that  the 
service  provided  is  in  competition  with  the  schedules  of  a 
common  carrier  by  highway  or  railroad;  or  (3)  motor  vehicles 
owned  or  operated  by  hotels  which  are  used  exclusively  for  the 
transportation  of  hotel  patrons  between  hotels  and  local  rail- 


1949]  Chapter  167  161 

road  or  other  common  carrier  stations;  or  (4)  motor  vehicles 
while  engaged  exclusively  in  work  for  any  branch  of  the  gov- 
ernment of  the  United  States  or  for  any  department  of  this 
state,  or  for  any  county,  city,  town  or  village;  or  (5)  motor 
vehicles  while  engaged  exclusively  in  the  delivery  of  the 
United  States  mail. 

4.     Takes   Effect.      This    act   shall    take    effect   upon   its 
passage. 
[Approved  April  28,  1949.] 


CHAPTER  167. 

AN  ACT  RELATIVE  TO  SERVICE  EXEMPTION  FOR  WAR  VETERANS. 

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

1.  War  Veterans.  Amend  section  29,  chapter  73  of  the 
Revised  Laws  as  amended  by  chapter  174,  Laws  of  1943,  by 
chapter  4,  Laws  of  1944  and  chapter  240,  Laws  of  1947,  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  29.  Service  Exemption.  Every  resident  of  this 
state  who  served  not  less  than  ninety  days  in  the  armed  forces 
of  the  United  States  in  any  of  the  following  wars  or  armed 
conflicts,  the  Spanish  War,  Philippine  Insurrection,  Boxer  Re- 
bellion, World  War  I  or  World  War  II,  as  hereinafter  defined, 
(except  those  dishonorably  discharged  from  such  service)  or 
the  spouse  of  such  resident,  or  the  widow  of  such  resident, 
and  every  resident,  or  the  spouse  of  such  resident,  whose 
services  were  terminated  for  a  service-connected  disability, 
and  the  widow  of  any  resident  who  suffered  a  service-connected 
death,  in  consideration  of  such  service,  shall  be  exempt  each 
year  from  taxation  upon  his  or  her  taxable  property  as 
assessed  by  the  selectmen,  to  the  value  of  one  thousand  dollars, 
provided  such  person  and  spouse  do  not  own  taxable  property 
in  this  state,  exclusive  of  bona  fide  encumbrances  of  record 
thereon,  to  the  value  of  more  than  five  thousand  dollars.  The 
following  terms  as  used  in  this  section  shall  be  construed  as 
follows : 

(1)   "Spanish  War"  between  April  21,  1898  and  April  11, 
1899. 


162  CHAPTER  167  [1949 

(2)  "Philippine  Insurrection"  between  April  12,  1899  and 
July  4,  1902  extended  to  July  15,  1903  for  service  in  the  Moro 
Provinces. 

(3)  "Boxer  Rebellion"  between  June  16,  1900  and  May  12, 
1901. 

(4)  "World  War  I"  between  April  6,  1917  and  Novem- 
ber 11,  1918  extended  to  April  1,  1920  for  service  in  Russia, 
provided  that  reenlistment  in  military  or  naval  service  on  or 
after  November  12,  1918  and  before  July  2,  1921  where  there 
was  prior  service  between  April  6,  1917  and  November  11, 
1918,  shall  be  considered  as  World  War  I  service. 

(5)  "World  War  11"  between  December  7,  1941  and  De- 
cember 31,  1946. 

2.  Proration  of  Exemption.  Further  amend  said  chap- 
ter 73  of  the  Revised  Laws  as  inserted  by  chapter  240  of  the 
Laws  of  1947  by  inserting  in  section  29-a  after  the  word 
"therein"  in  the  fourth  line  thereof  the  phrase,  with  other 
persons  so  entitled,  so  that  the  same  shall  read  as  follows: 
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  proportion 
to  his  interest  therein  with  other  persons  so  entitled,  but  in 
no  case  shall  the  total  exemption  exceed  one  thousand  dollars, 
except  as  provided  in  section  29-b. 

3.  State  Tax  Commission.  Further  amend  said  chapter  73 
of  the  Revised  Laws  as  amended  by  chapter  240  of  the  Laws 
of  1947  by  inserting  after  section  29-g  the  following  new 
section:  29-h.  Interpretations  and  Regula'tions.  The  state 
tax  commission  is  hereby  authorized  and  empowered  to  make 
such  reasonable  interpretations  and  constructions  of  sections 
29  through  29-g,  subject  to  the  approval  of  the  attorney 
general,  as  will  carry  out  the  spirit  and  purpose  of  said 
sections  and  to  make  such  reasonable  rules  and  regulations  as 
will  insure  a  uniformity  of  observance  and  enforcement  of  said 
provisions  throughout  the  state. 

4.  Burial  of  Veterans.  Amend  section  16,  chapter  124  of 
the  Revised  Laws  as  amended  by  chapter  102  of  the  Laws  of 
1943,  chapter  88,  Laws  of  1945,  chapter  214,  Laws  of  1947, 
and  chapter  28,  Laws  of  1949,  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following:  16.  Burial 
Expenses.     Whenever  any  member  or  former  member  of  the 


1949]  Chapter  167  163 

armed  forces  of  the  United  States,  who  served  in  any  of 
the  following  wars  or  armed  conflicts,  the  Spanish  War, 
Philippine  Insurrection,  Boxer  Rebellion,  World  War  I 
or  World  War  II,  as  defined  in  section  16-a,  for  a  total 
period  of  ninety  days  (unless  sooner  released  from  such 
service  by  reason  of  disability  incurred  in  service)  and 
whose  services  were  terminated  under  conditions  other 
than  dishonorable,  dies  and  the  commander  and  adjutant 
of  any  recognized  veterans  organization  of  which  he  was  a 
member,  or  the  majority  of  the  selectmen  of  the  town  or  the 
mayor  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,  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,  verified  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. 

5.  Wars.  Amend  chapter  124  of  the  Revised  Laws  by  in- 
serting after  section  16  the  following  new  section:  16-a, 
Definition  of  Terms.  The  following  terms  as  used  in  section  16 
shall  be  construed  to  mean  service  between  the  following 
dates : 

I.  "Spanish  War"  between  April  21,  1898  and  April  11, 
1899. 

II.  "Philippine  Insurrection"  between  April  12,  1899  and 
July  4,  1902  extended  to  July  15,  1903  for  service  in  the  Moro 
Provinces. 

III.  "Boxer  Rebellion"  between  June  16,  1900  and  May 
12,  1901. 

IV.  "World  War  I"  between  April  6,  1917  and  Novem- 
ber 11,  1918  extended  to  April  1,  1920  for  service  in  Russia, 
provided  that  reenlistment  in  military  or  naval  service  on  or 
after  November  12,  1918  and  before  July  2,  1921  where  there 


164  Chapter  168  [1949 

was  prior  service  between  April  6,  1917  and  November  11, 
1918,  shall  be  considered  as  World  War  I  service. 

V.     "World   War   IF'    between   December    7,    1941    and 
December  31,  1946. 

6.     Takes   Effect.      This    act   shall    take   effect   upon   its 
passage. 
[Approved  April  28,  1949.] 


CHAPTER  168. 


AN  ACT  RELATING  TO  CONVERSION  BETWEEN  STATE  BUILDING 

AND  LOAN  ASSOCIATIONS  AND  FEDERAL  SAVINGS 

AND  LOAN  ASSOCIATIONS. 

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

1.  Building  and  Loan  Associations.  Amend  chapter  314  of 
the  Revised  Laws  by  adding  at  the  end  thereof  the  following 
new  subdivision: 

Conversion. 
42.  Conversion  Into  Federal  Savings  and  Loan  Asso- 
ciations. Any  building  and  loan  association  or  cooperative 
bank  of  this  state  either  of  which  is  hereinafter  referred  to  as 
association,  doing  a  home-financing  business  may  convert  it- 
self into  a  federal  savings  and  loan  association  in  accordance 
with  the  provisions  of  section  5  of  the  Federal  Home  Owners' 
Loan  Act  of  1933,  as  now  or  hereafter  amended,  upon  a  vote 
of  fifty-one  per  cent  or  more  of  the  votes  of  the  members  pres- 
ent and  voting  at  an  annual  meeting  or  at  a  special  meeting 
called  to  consider  such  action ;  notice  of  such  meeting  to  vote 
on  conversion  shall  be  mailed  at  least  twenty  and  not  more 
than  thirty  days  prior  to  the  date  of  the  meeting  to  each  mem- 
ber of  record  at  his  last  known  address  as  shown  on  the  books 
of  the  association.  A  copy  of  the  minutes  of  the  proceedings 
of  such  meeting  of  the  members,  verified  by  the  affidavit  of 
the  secretary  or  an  assistant  secretary,  shall  be  filed  in  the 
office  of  the  bank  commissioner  within  ten  days  after  the  date 
of  such  meeting.  Such  certified  copy  of  the  proceedings  of 
such  meeting,  when  so  filed,  shall  be  presumptive  evidence  of 


1949]  Chapter  168  165 

the  holding  and  action  of  such  meeting.  Within  three  months 
after  the  date  of  such  meeting,  the  association  shall  take  such 
action  in  the  manner  prescribed  and  authorized  by  the  laws 
of  the  United  States  as  shall  make  it  a  federal  savings  and 
loan  association. 

43.  Filing  of  Charter.  There  shall  be  filed  with  the  bank 
commissioner  a  copy  of  the  charter  issued  to  such  federal 
savings  and  loan  association  by  the  federal  home  loan  bank 
board  or  a  certificate  showing  the  organization  of  such  asso- 
ciation as  a  federal  savings  and  loan  association,  certified  by 
the  secretary  or  assistant  secretary  of  the  federal  home  loan 
bank  board.  A  copy  of  the  charter,  or  of  such  certificate,  shall 
be  filed  by  the  association  with  the  secretary  of  state  and  with 
the  office  of  the  clerk  of  the  town  in  which  the  association  con- 
ducts its  business.  Any  failure  to  file  any  such  instruments 
as  aforesaid  shall  not  aflfect  the  validity  of  such  conversion. 
Upon  the  grant  to  any  association  of  a  charter  by  the  federal 
home  loan  bank  board,  the  association  receiving  such  charter 
shall  cease  to  be  an  association  incorporated  under  this  chapter 
and  shall  no  longer  be  subject  to  the  supervision  and  control 
of  the  bank  commissioner. 

44.  Corporate  Existence  Continued.  Upon  the  con- 
version of  any  association  into  a  federal  savings  and  loan  asso- 
ciation, the  corporate  existence  of  such  association  shall  not 
terminate,  but  such  federal  association  shall  be  deemed  to  be 
a  continuation  of  the  entity  of  the  association  so  converted 
and  all  property  of  the  converted  association,  including  its 
rights,  titles,  and  interests  in  and  to  all  property  of  whatso- 
ever kind,  whether  real,  personal,  or  mixed,  and  things  in 
action,  and  every  right,  privilege,  interest,  and  asset  of  any 
conceivable  value  or  benefit  then  existing,  or  pertaining  to  it 
or  which  would  inure  to  it,  shall  immediately  by  act  of  law  and 
without  any  conveyance  or  transfer  and  without  any  further 
act  or  deed  remain  and  be  vested  in  and  continue  and  be  the 
property  of  such  federal  association  into  which  the  state  asso- 
ciation has  converted  itself,  and  such  federal  association  shall 
have,  hold  and  enjoy  th.3  same  in  its  own  right  as  fully  and  to 
the  same  extent  as  the  same  was  possessed,  held  and  enjoyed 
by  the  converting  association,  and  such  federal  association  as 
of  the  time  of  the  taking  effect  of  such  conversion  shall  con- 
tinue to  have  and  succeed  to  all  the  rights,  obligations,  and 


166  Chapter  168  [1949 

relations  of  the  converting  association.  All  pending  actions  and 
other  judicial  proceedings  to  which  the  converting  state  asso- 
ciation is  a  party  shall  not  be  deemed  to  have  been  abated  or  to 
have  been  discontinued  by  reason  of  such  conversion,  but  may 
be  prosecuted  to  final  judgment,  order,  or  decree  in  the  same 
manner  as  if  such  conversion  into  such  federal  association  had 
not  been  made  and  such  federal  association  resulting  from 
such  conversion  may  continue  such  action  in  its  corporate 
name  as  a  federal  association,  and  any  judgment,  order  or  de- 
cree may  be  rendered  for  or  against  it,  which  might  have  been 
rendered  for  or  against  the  converting  state  association  there- 
tofore involved  in  such  judicial  proceedings, 

45.  Previous  Conversion.  Any  building  and  loan  asso- 
ciation or  cooperative  bank,  which  has  heretofore  converted 
itself  into  a  federal  savings  and  loan  association  under  the  pro- 
visions of  the  Federal  Home  Owners'  Loan  Act  of  1933  and  has 
received  a  charter  from  the  federal  home  loan  bank  board, 
shall  hereafter  be  recognized  as  a  federal  savings  and  loan 
association,  and  its  federal  charter  shall  be  given  full  credence 
by  the  courts  of  this  state  to  the  same  extent  as  if  such  con- 
version had  taken  place  under  the  provisions  of  this  sub- 
division; provided,  however,  that  the  foregoing  requirements 
with  respect  to  the  filing  with  the  bank  commissioner  of  a  copy 
of  the  federal  charter  or  a  certificate  showing  the  organization 
of  such  association  as  a  federal  savings  and  loan  association 
shall  be  complied  with.  All  such  conversions  are  hereby 
ratified  and  confirmed,  and  all  the  obligations  of  such  an  asso- 
ciation which  has  so  converted  shall  continue  as  valid  and 
subsisting  obligations  of  such  federal  savings  and  loan  asso- 
ciation, and  the  title  to  all  of  the  property  of  such  an  asso- 
ciation shall  be  deemed  to  have  continued  and  vested,  as  of  the 
date  of  the  issuance  of  such  federal  charter,  in  such  federal 
savings  and  loan  association  as  fully  and  completely  as  if  such 
conversion  had  taken  place  since  the  enactment  of  this  sub- 
division pursuant  thereto. 

46.  Conversion  into  State-Chartered  Association.  Any 
federal  savings  and  loan  association  may  convert  itself  into  a 
building  and  loan  association  or  a  cooperative  bank  under  this 
subdivision  upon  a  vote  of  fifty-one  per  cent  or  more  votes  of 
members  of  such  federal  savings  and  loan  association  present 
and  voting  at  an  annual  meeting  or  at  any  special  meeting 


1949]  Chapter  168  167 

called  to  consider  such  action;  notice  of  such  meeting  to  vote 
on  conversion  shall  be  mailed  at  least  twenty  and  not  more 
than  thirty  days  prior  to  the  date  of  the  meeting  to  each 
member  of  record  at  his  last  known  address  as  shown  on  the 
books  of  the  associations. 

47.  Filing  of  Minutes.  Copies  of  the  minutes  of  the  pro- 
ceedings of  such  meeting  of  members,  verified  by  the  affidavit 
of  the  secretary  or  an  assistant  secretary,  shall  be  filed  in  the 
office  of  the  bank  commissioner  and  mailed  to  the  federal  home 
loan  bank  board,  Washington,  D.  C,  within  ten  days  after 
such  meeting.  Such  verified  copies  of  the  proceedings  of  the 
meeting  when  so  filed  shall  be  presumptive  evidence  of  the 
holding  and  action  of  such  meeting.  At  the  meeting  at  which 
conversion  is  voted  upon,  the  members  shall  also  vote  upon 
the  directors  who  shall  be  the  directors  of  the  state-chartered- 
association  after  conversion  takes  effect.  Such  directors  shall 
then  execute  two  copies  of  the  articles  of  agreement  provided 
for  in  this  chapter.  The  bank  commissioner  may  insert  in  the 
articles  of  agreement  the  following:  "This  association  is  in- 
corporated by  conversion  from  a  federal  savings  and  loan 
association,"  The  directors  chosen  for  the  association  shall 
all  sign  and  acknowledge  the  articles  of  agreement  as  sub- 
scribers thereto. 

48.  Application.  The  provisions  of  this  chapter  shall,  so 
far  as  applicable,  apply  to  such  conversion. 

49.  Regulations.  The  bank  commissioner  may  provide, 
by  regulation,  for  the  procedure  to  be  followed  by  any  such 
federal  savings  and  loan  association  converting  into  a  state 
building  and  loan  association  or  cooperative  bank  under  this 
subdivision. 

50.  Federal  Conversion.  Upon  the  conversion  of  a 
federal  savings  and  loan  association  into  a  state  building  and 
loan  association  or  cooperative  bank,  the  corporate  existence 
of  such  association  shall  not  terminate,  but  such  state  asso- 
ciation shall  be  deemed  to  be  a  continuation  of  the  entity  of 
the  association  so  converted  and  all  property  of  the  converted 
association,  including  its  rights,  titles  and  interests  in  and  to 
all  property  of  whatsoever  kind,  whether  real,  personal,  or 
mixed,  and  things  in  action,  and  every  right,  privilege,  interest, 
and  asset  of  any  conceivable  value  or  benefit  then  existing,  or 
pertaining  to  it,  or  which  would  inure  to  it,  shall  immediately 


168  Chapter  168  [1949 

by  act  of  law  and  without  any  conveyance  or  transfer  and  with-' 
out  any  further  act  or  deed  remain  and  be  vested  in  and  con- 
tinue and  be  the  property  of  such  state  association  into  which 
the  federal  association  has  converted  itself,  and  such  state 
association  shall  have,  hold  and  enjoy  the  same  in  its  own 
right  as  fully  and  to  the  same  extent  as  the  same  was 
possessed,  held  and  enjoyed  by  the  converting  association,  and 
such  state  association  as  of  the  time  of  the  taking  effect  of 
such  conversion  shall  continue  to  have  and  succeed  to  all  the 
rights,  obligations,  and  relations  of  the  converting  association. 
All  pending  actions  and  other  judicial  proceedings  to  which  the 
converting  federal  association  is  a  party  shall  not  be  deemed 
to  have  been  abated  or  to  have  been  discontinued  by  reason  of 
such  conversion,  but  may  be  prosecuted  to  final  judgment, 
order  or  decree  in  the  same  manner  as  if  such  conversion  had 
not  been  made  and  such  state  association  resulting  from  such 
conversion  may  continue  such  action  in  its  corporate  name  as  a 
state  association,  and  any  judgment,  order  or  decree  may  be 
rendered  for  or  against  it,  which  might  have  been  rendered 
for  or  against  the  converting  federal  association  theretofore 
involved  in  such  judicial  proceedings. 

51.  Power  to  Merge.  A  state  building  and  loan  asso- 
ciation or  cooperative  bank  resulting  from  the  conversion  of  a 
federal  association  may  merge  with  another  state  association 
with  the  written  approval  and  upon  the  terms  prescribed  by 
the  bank  commissioner. 

2.  Repeal.  Section  38  of  chapter  314  of  the  Revised  Laws 
relative  to  meetings  of  officers  of  building  and  loan  asso- 
ciations is  hereby  repealed. 

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

[Approved  April  28,  1949.] 


1949]  Chapters  169,  170  169 

CHAPTER  169. 

AN  ACT  RELATING  TO  A  ROAD  USE  TAX  FOR  CERTAIN 
OUT-OF-STATE  VEHICLES. 

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

1.  Out-of-S,tate  Vehicles.  Amend  chapter  120  of  the  Re- 
vised Laws  as  amended  by  chapter  65  of  the  Laws  of  1943  by 
inserting  after  section  19  the  following  new  section:  19-a. 
Imposition  of  Road  Use  Tax.  When  under  the  laws  of  any 
other  state  any  taxes,  fines,  penalties,  licenses,  fees,  deposits 
or  other  obligations  or  prohibitions,  additional  to  any  imposed 
by  this  state  upon  any  class  of  private  or  public  motor  vehicles 
not  registered  in  such  state  are  imposed  upon  any  class  of 
private  or  public  motor  vehicles  registered  in  this  state  and 
their  owners  and  operators  traveling  upon  the  public  highways 
of  such  state,  the  same  taxes,  fines,  penalties,  licenses,  fees, 
deposits  or  other  obligations  or  prohibitions  shall  be  imposed 
upon  all  similar  classes  of  private  or  public  motor  vehicles 
registered  in  such  state  and  traveling  upon  the  public  high- 
ways of  this  state  so  long  as  such  laws  shall  remain  in  force. 
The  commissioner  may  make  such  rules  and  regulations  as  are 
necessary  to  carry  out  the  purposes  of  this  act. 

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

[Approved  May  3,  1949.] 


CHAPTER  170. 


AN  ACT  RELATING  TO  THE  EXPIRATION  OF  LICENSES  TO 
OPERATE  MOTOR  VEHICLES. 

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

1.  Licenses.  Amend  section  8  of  chapter  117  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  8.  Expiration.  All  licenses  to 
operate  a  motor  vehicle  which  expire  on  March  31,  1950  shall 
continue  in  full  force,  effect  and  validity  until  the  anniversary 


170  Chapter  171  [1949 

of  the  date  of  birth  of  the  license  holder  next  following  the 
date  of  March  31,  1950.  All  licenses  to  operate  motor  vehicles 
issued  after  March  31,  1950  shall  expire  annually  on  the  an- 
niversary of  the  license  holder's  date  of  birth.  The  anni- 
versary of  the  date  of  birth  of  any  license  holder  born  on 
February  29  shall,  for  the  purpose  of  this  section  during"  the 
years  when  there  is  no  February  29,  expire  on  March  1. 

2.     Takes    Effect.       This    act    shall    take    effect    upon   its 
passage. 
[Approved  May  3,  1949.] 


CHAPTER  171. 

AN  ACT  RELATIVE  TO  THE  BOARD  OF  PAROLE. 

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

1.  Board  of  Parole.  Amend  section  28  of  chapter  429  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  28.  State  Board  of  Parole. 
The  board  of  trustees  of  the  state  prison  shall  constitute  the 
state  board  of  parole.  Said  board  shall  have  the  legal  custody 
of  all  prisoners  released  upon  parole  until  they  receive  their 
discharge  or  are  remanded  to. prison,  and  shall  make  such  rules 
and  regulations  relative  to  the  performance  of  the  duties  of 
the  parole  officers  as  in  its  judgment  are  advisable.  Each 
member  of  the  board  of  parole,  except  the  ex-officio  members, 
shall  be  paid  the  sum  of  eight  dollars  a  day  for  such  time  as 
he  is  engaged  in  his  duties  as  a  member  of  said  board.  Said 
board  shall  keep  a  record  of  all  its  doings,  and  shall  report 
thereon  to  the  governor  and  council  quarterly  and  oftener 
when  by  them  required. 

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

[Approved  May  3,  1949.] 


1949]  Chapter  172  171 

CHAPTER  172. 

AN  ACT  RELATING  TO  SUPERVISORY  UNIONS. 

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

1.  Supervisory  Unions.,  Amend  chapter  135  of  the  Revised 
Laws  by  inserting  after  section  46  the  following  new  section: 
47.  Budget.  At  a  meeting  held  before  January  first  of  each 
year  the  supervisory  union  board  shall  adopt  a  budget  required 
for  the  expenses  of  the  supervisory  union  for  the  next  fiscal 
year,  which  budget  may  include  the  salary  and  expenses  of 
supervisors  of  health,  physical  education,  music,  art  and  guid- 
ance, and  any  other  employees,  and  expenses  necessary  for  the 
operation  of  the  supervisory  union.  The  supervisory  union 
board  shall  apportion  the  total  amount  of  the  budget  among 
the  constituent  school  districts  on  the  following  basis,  pro- 
vided that  each  district  shall  be  required  to  pay  for  only  those 
services  in  which  they  share.  The  basis  for  the  apportion- 
ment shall  be  one-half  on  the  average  membership  for  the 
previous  school  year  and  one-half  on  the  last  assessed  valu- 
ation of  the  district.  Prior  to  January  fifteenth  in  each  year, 
the  board  shall  certify  to  the  chairman  of  the  school  board  of 
each  constituent  school  district  the  amount  so  apportioned. 
Each  district  within  a  supervisory  union  shall  raise  at  the  next 
annual  district  meeting  the  sum  of  money  apportioned  to  it  by 
the  supervisory  union  board  for  the  expenses  of  services  which 
each  district  receives  in  connection  with  the  union  office.  The 
provisions  of  this  section  shall  not  apply  to  supervisory  unions 
comprising  only  one  district.  The  supervisory  union  board,  in 
adopting  the  budget,  shall  not  add  any  new  services  to  the 
budget  of  any  constituent  member  district  unless  such  member 
district  has  voted,  at  a  duly  called  regular  or  special  district 
meeting  during  the  preceding  year,  to  accept  such  new  service. 
A  vote  to  accept  a  new  service  shall  not  be  construed  as  a  vote 
to  raise  and  appropriate  money  within  the  meaning  of  section  5, 
chapter  51,  Revised  Laws. 

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

[Approved  May  3,  1949.] 


172  Chapter  173  [1949 

CHAPTER  173 

AN  ACT  RELATING  TO  CLAIMS  AND  LIENS  AGAINST  ESTATES. 

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

1.  Estates.  Amend  section  32  of  chapter  126  of  the  Re- 
vised Laws  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following  new  sections:  32.  Claims  and  Liens. 
The  estate  of  every  recipient,  and  the  estate  of  his  or  her 
spouse,  residing  with  said  recipient,  if  any,  owned  severally  or 
as  joint  tenants,  shall  be  holden  for  all  assistance  granted  to 
the  recipient.  All  such  liens  shall  continue  during  the  lifetime 
of  the  recipient  and  of  the  spouse  of  the  recipient,  if  any,  un- 
less sooner  released  by  the  commissioner.  Within  thirty  days 
after  the  first  grant  of  assistance  to  a  recipient,  the  commis- 
sioner shall  file  with  the  register  of  deeds  of  the  county  in 
which  the  recipient,  or  the  spouse  of  the  recipient,  if  any. 
owns  real  property  and  with  the  town  clerk  of  the  town  in 
which  the  recipient  and  the  spouse  of  the  recipient,  if  any,  re- 
sides, notice  of  the  lien,  together  with  the  name  of  the  re- 
cipient, and  the  spouse  of  the  recipient,  if  any.  The  register 
of  deeds  and  town  clerk  shall  keep  a  suitable  record  of  such 
notices  without  charging  any  fee  therefor  and  enter  thereon 
an  acknowledgment  of  satisfaction  upon  written  request  from 
the  commissioner.  32-a.  Condition.  The  commissioner  shall 
require  as  a  condition  to  granting  old  age  assistance  in  any  case 
that  the  applicant,  and  the  spouse  of  the  applicant,  if  any,  re- 
siding with  the  applicant,  submit  a  properly  acknowledged 
agreement  to  reimburse  the  federal  government,  the  state  and 
the  county  or  town  for  all  assistance  granted.  In  such  agree- 
ment such  applicant,  and  the  spouse  of  the  applicant,  if  any, 
shall  assign  as  collateral  security  for  such  assistance  such  part 
of  his  personal  property  as  the  commissioner  shall  demand. 
All  funds  recovered  under  the  provisions  of  this  and  the  pre- 
ceding section,  after  any  necessary  reimbursement  to  the 
federal  government  as  provided  in  section  19.  shall  be 
allocated  to  the  county  or  town  and  to  the  state  in  the  same 
proportion  as  the  assistance  paid  by  each.  32-b.  Existing 
Liens.,    All  liens  for  old  age  assistance  existing  at  the  time  of 


1949]  Chapter  174  173 

the  passage  of  this  act  shall  continue  unaffected  by  this  act 
until  discharged  by  the  commissioner. 

2.     Takes    Effect.       This    act  shall    take    effect    upon    its 
passage. 
[Approved  May  3,  1949.] 


CHAPTER  174. 

AN  ACT  IN  RELATION  TO  THE  ASSESSMENT  OF  TAXES. 

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

1.  Taxation  of  Property.  Amend  section  17  of  chapter  74 
of  the  Revised  Laws  by  striking  out  the  v^^ords  "as  resident" 
in  the  third  line  thereof  and  the  words  "of  residents"  in  the 
sixth  line  thereof,  so  that  the  same  as  amended  shall  read  as 
follows:  17.  Occupant  Not  Owner.  If  any  person  not  the 
owner  is  living  on  any  faim  or  in  any  house  on  April  first,  and 
refuses  to  be  taxed  for  it,  it  shall  be  taxed  by  the  number  of  the 
lot,  or  such  other  description  as  it  is  commonly  known  by,  with 
the  name  of  the  occupant  as  such;  and  estate  so  taxed  shall 
be  holden  and  liable  to  be  sold  in  the  same  manner  as  real 
estate  is  holden  and  sold  for  taxes. 

2.  Method  of  Taxation.  Amend  section  18  of  chapter  74 
of  the  Revised  Laws  by  striking  out  the  words  "as  nonresi- 
dent" in  the  fourth  line  thereof,  so  that  the  same  as  amended 
shall  read  as  follows:  18.  If  No  Occupant.  If  no  person  is 
in  possession  or  occupation  of  any  building  deemed  by  the 
selectmen  to  be  tenantable,  or  of  any  other  real  estate  im- 
proved as  pasture,  mowing,  arable  or  otherwise,  the  same  shall 
be  taxed  by  such  description  as  it  may  be  readily  known  by, 
with  the  name  of  the  owner,  if  known. 

3.  How  Taxed.  Amend  section  19  of  chapter  74  of  the  Re- 
vised Laws  by  striking  out  the  words  "as  nonresident"  in 
the  fourth  line  thereof,  so  that  the  same  as  amended  shall  read 
as  follows:  19.  Part  Owners.  If  any  tenant  in  common,  or 
joint  tenant  in  possession  of  any  real  estate  of  the  kinds 
specified  in  the  two  preceding  sections,  refuses  to  be  taxed  be- 
yond the  shares  claimed  by  him,  and  no  other  person  is  in 


174  Chapter  175  [1949 

possession,  the  other  shares  shall  be  taxed  with  such  decription 
of  the  land  as  it  may  be  readily  known  by,  the  name  of  the 
person  in  possession,  and  the  names  of  the  owners  of  the 
shares  for  which  he  refuses  to  be  taxed,  if  such  owners  are 
known. 

4.  Other  Lands.  Amend  section  20  of  said  chapter  74  by 
striking  out  in  the  first  line  the  words  "of  nonresidents"  so 
that  said  section  as  amended  shall  read  as  follows:  20.  Un- 
improved Lands.  Unimproved  lands  shall  be  taxed  in  the 
name  of  the  owner,  if  known;  otherwise  in  the  name  of  the 
original  proprietor,  if  known;  otherwise  without  any  name, 
and  by  the  number  of  lot  and  range,  and  the  quantity  thereof, 
if  lotted;  or  by  such  other  description  as  it  may  be  readily 
known  by. 

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

[Approved  May  3,  1949.] 


CHAPTER  175. 


AN  ACT  RELATIVE  TO  THE  STAFF  OF  THE  GOVERNOR  AS 
COMMANDER-IN-CHIEF. 

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

1.  Amendment.  Amend  section  21  of  chapter  143  of  the 
Revised  Laws  by  inserting  after  the  words  "United  States" 
in  the  fifth  line  the  words,  air  forces,  and  by  inserting  after 
the  words  "United  States"  in  the  sixth  line  the  words,  air 
forces,  so  that  said  section  as  amended  shall  read  as  follows: 
21.  Staff.  The  staff  of  the  commander-in-chief  shall  consist 
of  the  adjutant-general,  with  the  rank  of  brigadier-general, 
who  shall  be  chief  of  staff",  and  twelve  aides-de-camp,  four  of 
whom  shall  be  detailed  from  the  national  guard  and  four 
appointed  from  those  who  served  in  the  United  States  air 
forces,  army,  navy,  or  marine  corps,  in  any  war.  The  remain- 
ing four  may  be  appointed  from  officers  or  ex-officers  of  the 
United  States  air  forces,  army,  navy,  or  marine  corps,  or  of 
the  national  guard,  or  of  the  various  officers'  reserve  corps,  or 
from  civil  life. 


1949]  Chapter  176  175 

2.  Staff  of  Commander-in-Chief.  Amend  section  22  of 
chapter  143  of  the  Revised  Laws  by  inserting  after  the  words 
"appointed  from  the"  in  the  fourth  line  the  words,  air  forces, 
and  by  inserting  after  the  word  "organizations"  in  the  sixth 
line  the  words,  except  that  if  the  rank  last  held  by  an  ex- 
officer  of  the  air  force  or  of  the  army  or  the  marine  corps  is 
lower  than  major,  such  ex-officer  shall  be  commissioned  in  the 
rank  of  major;  and  that  if  the  rank  last  held  by  an  ex-officer 
of  the  navy  is  lower  than  lieutenant  commander,  such  ex- 
officer  shall  be  commissioned  in  the  rank  of  lieutenant  com- 
mander, so  that  said  section  as  amended  shall  read  as  follows : 
22.  Staff'  Officers'  Rank.  Officers  detailed  from  the  national 
guard  shall  retain  their  existing  rank,  and  shall  remain  sub- 
ject to  duty  except  as  their  services  may  be  required  by  the 
governor  as  members  of  his  staff.  Officers  or  ex-officers 
appointed  from  the  air  forces,  army,  navy  or  marine  corps,  or 
from  the  various  officers'  reserve  corps,  shall  be  of  the  rank 
held  or  last  held  by  them  in  these  organizations  except  that  if 
the  rank  last  held  by  an  ex-officer  of  the  air  forces  or  of  the 
army  or  the  marine  corps  is  lower  than  major,  such  ex-officer 
shall  be  commissioned  in  the  rank  of  major;  and  that  if  the 
rank  last  held  by  an  ex-officer  of  the  navy  is  lower  than  lieu- 
tenant commander,  such  ex-officer  shall  be  commissioned  in 
the  rank  of  lieutenant  commander.  Officers  appointed  from 
civil  life  shall  be  commissioned  in  the  rank  of  major,  and  shall 
not  thereby  be  exempted  from  military  duties  under  the  terms 
of  this  title.  The  twelve  aides-de-camp  shall  hold  office  during 
the  pleasure  and  not  exceeding  the  term  of  office  of  the  gov- 
ernor. 

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

[Approved  May  3,  1949.] 


CHAPTER  176. 


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  chapter 
333  of  the  Revised  Laws  as  inserted  by  chapter  149  of  the  Laws 


176  Chapter  177  [1949 

of  1945  and  as  amended  by  chapter  160  of  the  Laws  of  1947,  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  5.  Benefits.  Any  such  society  authorized  to  do  busi- 
ness in  this  state  shall  provide  for  the  payment  of  death  bene- 
fits, in  a  sum  not  exceeding  ten  thousand  dollars  to  any  person, 
including  double  indemnity  in  case  of  accidental  death,  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  permit,  pro- 
vided such  grants  shall  in  no  case  exceed  in  value  the  portion 
of  the  reserve  to  the  credit  of  the  certificate  on  which  the  same 
are  made.  Any  such  society  may  provide  for  monuments  or 
tombstones  to  the  memory  of  deceased  members  and  may  also 
provide  for  payment  of  funeral  benefits  in  a  sum  not  exceeding 
three  hundred  dollars  to  any  person  equitably  entitled  thereto 
by  reason  of  having  incurred  expense  by  the  burial  of  the 
member. 

2.     Takes    Effect.       This    act  shall    take    eff"ect    upon    its 
passage. 
[Approved  May  3,  1949.] 


CHAPTER  177. 


AN  ACT  CONCERNING  THE  RECOGNITION  OF  A  DIVORCE  OBTAINED 

IN  ANOTHER   JURISDICTION   AND  TO   MAKE  UNIFORM 

THE  LAW  WITH  REFERENCE  THERETO. 

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

1.  Divorce  Obtained  in  Another  Jurisdiction.  Amend  the 
Revised  Laws  by  inserting  after  chapter  339  the  following  new 
chapter : 

Chapter  339-A 
Uniform  Divorce  Recognition  Law. 
1.     Other  States.     A  divorce  obtained  in  another  juris- 
diction shall  be  of  no  force  or  eflfect  in  this  state,  if  both  parties 


1949]  Chapter  178  177 

to  the  marriage  were  domiciled  in  this  state  at  the  time  the 
proceeding  for  the  divorce  was  commenced. 

2.  Evidence.  Proof  that  a  person  obtaining  a  divorce 
from  the  bonds  of  matrimony  in  another  jurisdiction  was  (a) 
domiciled  in  this  state  within  twelve  months  prior  to  the  com- 
mencement of  the  proceeding  therefor,  and  resumed  residence 
in  this  state  within  eighteen  months  after  the  date  of  his 
departure  therefrom,  or  (b)  at  all  times  after  his  departure 
from  this  state  and  until  his  return  maintained  a  place  of 
residence  within  this  state,  shall  be  prima  facie  evidence  that 
the  person  was  domiciled  in  this  state  when  the  divorce  pro- 
ceeding was  commenced. 

3.  Interpretation.  This  act  shall  be  so  interpreted  and 
construed  as  to  effectuate  its  general  purpose  to  make  uniform 
the  law  of  those  states  which  enact  it. 

4.  Citation.  This  act  may  be  cited  as  the  Uniform 
Divorce  Recognition  Law. 

2.  Repeal.     All  acts  or  parts  of  acts  which  are  inconsistent 
with  provisions  of  this  act  are  hereby  repealed. 

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

[Approved  May  3,  1949.] 


CHAPTER  178. 


AN  ACT  RELATING  TO  NEGLECT  OF  HUSBAND  OR  FATHER  TO 
SUPPORT  WIFE  AND  CHILDREN  AND  NEGLECT  OF  MOTHER. 

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

1.  Penalty.  Amend  section  15  of  chapter  340  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:     15.     Neglect  by  Husband  or  Father. 

If  any  husband  or  father  shall  neglect  to  maintain  his  wife  or 
children  when  such  wife  or  children  are  dependent  upon  his 
earnings  for  support,  or  neglects  his  employment  or  misspends 
his  earnings  so  as  not  to  provide  for  the  support  of  his  wife  or 
children,  he  shall  be  imprisoned  not  more  than  six  months,  and 
fined  not  more  than  one  hundred  dollars,  or  both ;  such  fine,  if 
any,  to  be  paid  or  applied  in  whole  or  in  part  to  the  support 
of  the  wife  or  children  as  the  court  may  direct. 


178  Chapter  179  [1949 

2.  Care  of  Children.  Amend  chapter  340  of  the  Revised 
Laws  by  adding  thereto  the  following  section :  15-a.  Neglect 
by  Mother.  If  any  mother  shall  neglect  to  provide  for  her 
legitimate  or  illegitimate  children  she  shall  be  imprisoned  not 
more  than  six  months,  and  fined  not  more  than  one  hundred 
dollars,  or  both ;  such  fine,  if  any,  to  be  paid  or  applied  in  wjiole 
or  in  part  to  the  support  of  such  children  as  the  court  may 
direct. 

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

[Approved  May  3,  1949.] 


CHAPTER  179. 

AN  ACT  RELATIVE  TO  AID  FOR  HANDICAPPED  CHILDREN. 

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

1.  Handicapped  Children.  Amend  section  43  of  chapter  134 
of  the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  43.  Education  Required. 
Every  handicapped  child  capable  of  being  benefited  by  in- 
struction shall  attend  school  or  other  place  for  such  instruction 
to  which  he  may  be  assigned  or  shall  be  instructed  in  his  home 
for  at  least  two  hours  per  week  for  such  number  of  weeks  as 
the  state  board  of  education  may  determine  provided,  however, 
that  if  a  handicapped  child  capable  of  being  benefited  by  in- 
struction, of  the  age  of  twenty-one  or  over  shall  make  appli- 
cation for  continued  educational  facilities,  such  instruction 
shall  be  continued  until  such  time  as  said  handicapped  child 
shall  have  acquired  education  equivalent  to  a  high  school  edu- 
cation or  attained  the  age  of  thirty-one  years. 

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

[Approved  May  3,  1949.] 


1949]  Chapter  180  179 

CHAPTER  180. 

AN  ACT  RELATIVE  TO  UNEMPLOYMENT  COMPENSATION 
RECIPROCAL  ARRANGEMENTS. 

Be  it  enacted  by  the  Senate  and  H&u»e  of  Representatives  in 
General  Court  convened: 

1.  Uinemployment  Compensation.  Amend  section  15  of 
chapter  218  of  the  Revised  Laws,  by  striking  out  the  v^^hole 
of  the  same  and  inserting  in  place  thereof  the  following:  15. 
Reciprocal  Arrangements.  A.  The  commissioner  is  hereby 
authorized  to  enter  into  reciprocal  arrangements  with  appro- 
priate and  duly  authorized  agencies  of  other  states  or  of  the 
federal  government,  or  both,  whereby : 

(1)  Services  performed  by  an  individual  for  a  single  em- 
ploying unit  for  which  services  are  customarily  performed  by 
such  individual  in  more  than  one  state  shall  be  deemed  to  be 
services  performed  entirely  within  any  one  of  the  states  (i)  in 
which  any  part  of  such  individual's  service  is  performed,  or 
(ii)  in  which  such  individual  has  his  residence,  or  (iii)  in  which 
the  employing  unit  maintains  a  place  of  business,  provided 
there  is  in  effect,  as  to  such  services,  an  election  by  an  employ- 
ing unit  with  the  acquiescence  of  such  individual,  approved  by 
the  agency  charged  with  the  administration  of  such  state's  un- 
employment compensation  law,  pursuant  to  which  services  per- 
fonned  by  such  individual  for  such  employing  unit  are  deemed 
to  be  performed  entirely  within  such  state; 

(2)  Potential  rights  to  benefits  under  this  chapter  may 
constitute  the  basis  for  the  payment  of  benefits  by  another 
state  or  the  federal  government,  and  potential  rights  to  bene- 
fits accumulated  under  the  law  of  another  state  or  the  federal 
government  may  constitute  the  basis  for  the  payment  of  bene- 
fits by  this  state.  Such  benefits  shall  be  paid  under  such  pro- 
visions of  this  chapter  or  under  the  provisions  of  the  law  of 
such  other  state  or  the  federal  government,  or  under  such 
combination  of  the  provisions  of  both  laws,  as  may  be  agreed 
upon  and  which  will  be  fair  and  reasonable  as  to  all  affected 
interests.  No  such  arrangement  shall  be  entered  into  unless 
it  contains  provision  for  reimbursement  to  the  fund  for  such 
benefits  as  are  paid  on  the  basis  of  wages  and  service  subject 
to  the  law  of  another  state  or  the  federal  government,  and  pro- 
vision for  reimbursement  from  the  fund  for  such  benefits  as 


180  Chapter  180  [1949 

are  paid  by  another  state  or  the  federal  government  on  the 
basis  of  wages  and  service  subject  to  this  chapter.  Reimburse- 
ments paid  from  the  fund  pursuant  to  this  subsection  shall  be 
deemed  to  be  benefits  for  the  purposes  of  this  chapter ; 

(3)  Wages  or  services,  upon  the  basis  of  which  an  in- 
dividual may  become  entitled  to  benefits  under  an  unemploy- 
ment compensation  law  of  another  state  or  of  the  federal  gov- 
ernment, shall  be  deemed  to  be  wages  for  insured  work  for  the 
purpose  of  determining  his  rights  to  benefits  under  this 
chapter,  and  wages  for  insured  work,  on  the  basis  of  which  an 
individual  may  become  entitled  to  benefits  under  this  chapter, 
shall  be  deemed  to  be  wages  or  services  on  the  basis  of  which 
unemployment  compensation  is  payable  under  such  law  of  an- 
other state  or  of  the  federal  government,  but  no  such  arrange- 
ment shall  be  entered  into  unless  it  contains  provisions  for  re- 
imbursements to  the  fund  for  such  of  the  benefits  paid  under 
this  chapter  upon  the  basis  of  such  wages  or  services,  and  pro- 
visions for  reimbursements  from  the  fund  for  such  of  the 
compensation  paid  under  such  other  law  upon  the  basis  of 
wages  for  insured  work,  as  the  commissioner  finds  will  be  fair 
and  reasonable  as  to  all  afi:'ected  interests ; 

(4)  Contributions  due  under  this  chapter  with  respect  to 
wages  for  insured  work  shall  for  the  purposes  of  section  11  of 
this  chapter  be  deemed  to  have  been  paid  to  the  fund  as  of  the 
date  payment  was  made  as  contributions  therefor  under  an- 
other state  or  federal  unemployment  compensation  law,  but 
no  such  arrangement  shall  be  entered  into  unless  it  contains 
provisions  for  such  reimbursement  to  the  fund  of  such  contri- 
butions as  the  commissioner  finds  will  be  fair  and  reasonable 
as  to  all  affected  interests. 

B.  Reimbursements  paid  from  the  fund  pursuant  to  any 
reciprocal  arrangements  authorized  by  the  provisions  of  this 
chapter  shall  be  deemed  to  be  benefits  for  the  purposes  of  this 
chapter  except  that  no  charge  shall  be  made  to  an  employer's 
account  under  section  6  in  excess  of  the  maximum  benefits 
payable  under  sections  2,  3  or  4,  or  when  no  benefits  would 
have  been  payable  to  an  individual,  but  for  this  section,  be- 
cause of  the  lack  of  wages  for  insured  work  necessary  to 
qualify  for  benefits.  In  the  event  that  no  charge  is  to  be  made 
to  an  employer's  account  such  as  hereinabove  provided,  such 
reimbursements  shall  be  charged  against  the  fund.     The  com- 


1949]  Chapter  181  181 

missioner  is  authorized  to  make  to  other  state  or  federal 
agencies  and  to  receive  from  such  other  state  or  federal 
agencies,  reimbursements  from  or  to  the  fund,  in  accordance 
with  arrangements  entered  into  pursuant  to  subsection  A  of 
this  section. 

C.  If  after  entering  into  an  arrangement  under  para- 
graph (2)  or  (3)  of  subsection  A  of  this  section  the  commis- 
sioner finds  that  the  unemployment  compensation  law  of  any 
state  or  of  the  federal  government  participating  in  such 
arrangement  has  been  changed  in  a  material  respect,  the 
commissionr  shall  make  a  new  finding  as  to  whether  such 
arrangement  shall  be  continued  with  such  state  or  states  or 
with  the  federal  government. 

2.     Takes    Effect.      This    act    shall    take    effect    upon   its 
passage. 
[Approved  May  3,  1949.] 


CHAPTER  181. 

AN  ACT  RELATING  TO  CAPITAL  RESERVE  FUNDS  FOR  CITIES. 

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

1.  Establishment  of  Reserves  Authorized.  Any  city  may 
raise  and  appropriate  money  as  provided  by  section  2  for  the 
establishment  of  a  capital  reserve  fund  for  the  financing  of  all 
or  part  of  the  cost  of  (a)  the  construction,  reconstruction  or 
acquisition  of  a  specific  capital  improvement,  or  the  acquisition 
of  a  specific  item  or  of  specific  items  of  equipment,  or  (b)  the 
construction,  reconstruction,  or  acquisition  of  a  type  of  capital 
improvement  or  the  acquisition  of  a  type  of  equipment. 

2.  Meeting-s.  The  authority  granted  by  section  1  shall  be 
exercised  by  the  city  council  only  after  a  public  hearing  on  the 
annual  budget  as  required  by  chapter  62  of  the  Revised  Laws, 
as  amended  by  chapter  130  of  the  Laws  of  1943,  and  by  the 
adoption  of  a  capital  improvement  budget  and  program.  The 
public  notice  of  said  hearing  shall  include  a  statement  dis- 
tinctly stating  the  purposes  for  which  such  reserve  is  to  be 
established. 


182  Chapter  181  [1949 

3.  Payments  into  Fund. 

I.  There  may  be  paid  into  any  such  capital  reserve  fund 
such  amounts  as  may  from  time  to  time  be  raised  and  appro- 
priated therefor,  within  the  hmits  as  provided  in  section  4. 

II.  The  city  council  may  also  by  a  favorable  vote  of 
three-quarters  of  its  members,  transfer  to  such  fund  after  a 
public  hearing  with  notice  as  provided  in  section  2,  not  more 
than  one-half  of  its  unencumbered  surplus  funds  remaining  on 
hand  at  the  end  of  the  fiscal  year,  within  the  limits  as  provided 
in  section  4. 

4.  Limitations  on  Appropriations.  No  city  shall  raise  and 
appropriate  or  transfer  from  any  of  its  unencumbered  surplus 
funds  in  any  one  year  for  such  reserves  a  total  amount  in  ex- 
cess of  one-quarter  of  one  per  cent  of  the  last  assessed  valu- 
ation of  the  city. 

5.  Investment.  The  moneys  in  such  fund  shall  be  kept  in 
a  separate  account  and  not  intermingled  with  other  funds  of 
the  city.  Said  capital  reserve  fund  shall  be  invested  only  by 
deposit  in  some  savings  bank  or  trust  company  in  this  state,  or 
in  bonds,  notes  or  other  obligations  of  the  United  States  gov- 
ernment, or  in  bonds  or  notes  of  this  state  and  when  so  in- 
vested in  good  faith  the  trustees  hereinafter  named  shall  not 
be  liable  for  the  loss  thereof.  Any  interest  earned  or  capital 
gains  realized  on  the  moneys  so  invested  shall  accrue  to  and 
become  a  part  of  the  fund.  Deposits  in  banks  shall  be  made 
in  the  name  of  the  city,  and  it  shall  appear  upon  the  book 
thereof  that  the  same  is  a  capital  reserve  fund. 

6.  Trustees  of  Funds.  The  trustees  of  trust  funds  of  the 
city  shall  have  custody  of  all  capital  resei-ves.  Said  trustees 
shall  give  bond  in  such  amount  and  in  such  form  as  the  city 
council  or  board  of  aldermen  shall  prescribe,  and  any  trustee 
who  shall  make  payment  of  income  or  principal  from  any  such 
capital  reserve  fund  before  the  approval  of  his  bond  in  writing 
by  the  city  council  or  board  of  aldermen  shall  be  personally 
liable  to  the  city  for  any  loss  resulting  from  such  payment,  to 
be  recovered  by  the  city  at  the  suit  of  any  citizen.  The  ex- 
penses of  said  trustees  in  said  capacity  and  the  expense  of 
their  bonds  shall  be  charged  as  incidental  city  charges. 

7.  Payments  from  Surplus.  Whenever  the  city  councils 
have  voted  in  accordance  with  section  3  to  transfer  any 
accumulated  surplus  to  the  capital  reserve  fund,  the  city  clerk 


1949]  Chapter  181  183 

shall  forward  immediately  to  the  city  treasurer  a  certified  copy 
of  said  vote;  and  the  city  treasurer  on  receipt  of  said  copy 
shall  transfer  immediately  to  the  trustees  of  trust  funds  of 
said  city  the  amount  specified  in  said  vote. 

8.  Appropriation.  Whenever  the  city  councils  legally  vote 
to  raise  and  appropriate  any  sum  for  the  capital  reserve  fund, 
the  same  duties  shall  devolve  upon  the  city  clerk  and  city 
treasurer,  as  specified  in  section  7,  except  that  said  sum  must 
be  transferred  on  or  before  the  end  of  the  fiscal  year  in  which 
said  vote  is  made. 

9.  Penalty.  Any  of  the  above  officers  who  shall  fail  to  per- 
form the  duties  above  set  forth,  shall  be  fined  not  more  than 
five  dollars  for  every  week  said  failure  shall  continue. 

10.  Expenditures.  The  trustees  of  trust  funds  holding- 
said  capital  reserve  funds  in  trust,  as  hereinbefore  provided, 
shall  hold  the  same  until  such  time  as  the  city  councils  shall 
name  agents  of  the  city  to  carry  out  the  objects  designated  by 
the  city  councils  as  prescribed  by  section  2.  Expenditures  from 
said  capital  reserve  funds  shall  be  made  only  for  or  in  con- 
nection with  the  purposes  for  which  said  fund  was  established, 
or  as  amended  as  provided  by  section  11. 

11.  Change  of  Purpose.  After  the  purpose  for  which  a 
capital  reserve  fund  is  established  has  been  determined,  no 
change  shall  be  made  in  the  purpose  for  which  said  fund  may 
be  expended  unless  and  until  such  change  has  been  authorized 
by  a  favorable  vote  of  three-quarters  of  all  members  of  the 
city  councils  or  board  of  aldermen,  for  a  specific  capital  im- 
provement or  specific  item  or  type  of  equipment  and  such 
change  shall  be  made  only  after  a  public  hearing  held  pursuant 
to  notice  as  provided  in  section  2. 

12.  Audit;  Records.  The  accounts  of  the  trustees  of  trust 
funds  holding  the  capital  reserve  funds  shall  be  audited 
annually  by  the  city  auditor,  the  securities  shall  be  exhibited 
to  said  auditor,  and  said  auditor  shall  certify  the  facts  found 
by  the  audit  and  the  list  of  all  securities  held.  Said  trustees 
holding  said  funds  shall  keep  a  record  of  all  such  capital  re- 
serve funds  in  a  record  book,  which  shall  be  open  to  public 
inspection. 

13.  Prohibition.  No  person  holding  in  custody  such  capital 
reserve  fund  shall  make  any  payment  of  income  or  principal 
or  authorize  the  same  to  be  done  except  in  accordance  with 


184  Chapter  182  [1949 

the  provisions  hereof.     Any  person  violating  tlie  provisions  of 
this  section  shall  be  fined  not  more  than  five  hundred  dollars. 

14.  Definition.  Where  the  words  "trustees  of  trust  funds" 
are  used  herein  they  shall  be  construed  to  mean  the  board  in 
any  city  which  is  charged,  by  the  city  charter,  with  duties  of 
town  trustees  of  trust  funds. 

15.  Application  of  Act.  The  provisions  of  any  city  charter 
inconsistent  with  the  provisions  hereof  are  hereby  repealed  to 
the  extent  of  such  inconsistency. 

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

[Approved  May  3,  1949.] 


CHAPTER  182. 


AN  ACT  RELATING  TO  THE  LAYING  OUT  OF  CLASS  I  AND  II 
HIGHWAYS. 

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

1.  Damages.  Amend  section  12  of  part  4  of  chapter  90 
of  the  Revised  Laws  as  inserted  by  chapter  188  of  the  Laws 
of  1945  by  inserting  at  the  end  thereof  the  words,  or  of  the 
state  highway  department,  so  that  said  section  as  amended 
shall  read  as  follows:  12.  Tender.  No  land  or  other  prop- 
erty taken  for  a  highway  or  alteration  shall  be  appropriated 
or  used  for  making  the  same  until  the  damages  assessed  there- 
for are  paid  or  tendered  to  the  owner  or  his  guardian  or  con- 
servator by  the  commission  in  money  or  by  check  of  the  state 
treasurer  or  of  the  state  highway  department. 

2.  Residence  Outside  State.  Amend  section  13  of  part  4  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  13.  Nonresident  or  Others. 
When  the  owner  does  not  reside  or  live  within  the  state,  or  the 
resident  owner  is  temporarily  residing  outside  of  the  state, 
damages  may  be  paid  or  tendered  to  him  in  person  or  by  check 
of  the  state  treasurer  or  of  the  state  highway  department 
sent  by  registered  mail  to  his  last  known  address. 


1949]  Chapter  182  185 

3.  Tender  of  Damages.  Amend  section  14  of  part  4  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  14.  When  Owner  or  Residence 
Unknown.  When  the  OAvner  or  person  to  whom  damages  are 
due  is  unknown  or  the  identity  of  the  person  who  may  be  en- 
titled to  damages  or  the  amount  thereof  is  uncertain,  or  his 
residence  is  unknown  or  uncertain,  damages  may  be  tendered 
to  such  owner  or  person  by  depositing  with  the  state  treasurer 
a  sum  of  money  equal  to  the  damages  assessed,  and  the  state 
treasurer  shall  pay  such  sum  without  interest  to  such  owner 
or  person  upon  proof  that  he  is  the  person  entitled  to  such 
damages,  and  in  case  the  state  treasurer  is  not  satisfied  with 
the  evidence  that  the  claimant  is  the  person  entitled  to  such 
damages  he  may  deposit  the  money  for  such  damages  with  the 
clerk  of  the  superior  court  for  the  county  in  which  the  land 
or  property  is  situate,  and  the  court,  after  due  notice,  shall 
determine  whether  such  person  is  entitled  to  the  damages.  In 
the  case  of  estates  not  settled  where  doubt  exists  as  to  the 
person  or  persons  entitled  to  damages,  or  the  amount  thereof, 
a  deposit  with  the  state  treasurer  shall  be  deemed  a  tender  to 
the  owner  and  the  state  treasurer  shall  notify  the  judge  of 
probate  for  the  county  in  which  such  real  estate  lies. 

4.  Duty  of  Commission.  Amend  section  16  of  part  4  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  16.  Certificate  of  Tender.  The 
commission  shall  file  with  the  secretary  of  state  a  certificate 
that  payment  or  tender  of  payment  of  the  damages  assessed 
by  the  commission  has  been  made  to  each  owner  or,  if  the 
owner  is  unknown,  or  if  the  identity  of  the  person  who  may  be 
entitled  to  damages  is  uncertain,  or  the  residence  of  such 
owner  or  person  is  unknown  or  uncertain,  that  tender  of  such 
damages  has  been  made  by  deposit  with  the  state  treasurer,  or 
if  dispute  has  arisen,  such  tender  has  been  made  in  the  superior 
court,  and  the  certificate  of  tender  shall  state  the  sum  tendered 
to  each  landowner  and  his  refusal  or  acceptance  thereof. 

5.  Nonresident  Owner.  Amend  section  15  of  part  5  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  inserting  after  the  word  "state"  in  the 
second  line  the  words,  or  the  resident  owner  is  temporarily 


186  Chapter  183  [1949 

residing  outside  of  the  state,  so  that  said  section  as  amended 
shall  read  as  follows:  15.  Nonresident.  When  the  owner 
does  not  reside  or  live  within  the  state,  or  the  resident  owner 
is  temporarily  residing-  outside  of  the  state,  damages  may  be 
paid  or  tendered  to  him  in  person  or  by  check  of  the  town  sent 
by  registered  mail  to  his  last  known  address. 

6.  Unknown.  Amend  section  16  of  part  5  of  chapter  90  of 
the  Revised  Laws  as  inserted  by  chapter  188  of  the  Laws  of 
1945  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  16.  When  Owner  or  Residence  Unknown. 
When  the  owner  or  person  to  whom  damages  are  due  is  un- 
known or  the  identity  of  the  person  who  may  be  entitled  to 
damages  or  the  amount  thereof  is  uncertain,  or  his  residence 
is  unknown  or  uncertain,  damages  may  be  tendered  to  such 
owner  or  person  by  depositing  with  the  town  treasurer  a  sum 
of  money  equal  to  the  damages  assessed,  and  the  town  treas- 
urer shall  pay  such  sum  without  interest  to  such  owner  or 
person  upon  proof  that  he  is  the  person  entitled  to  such 
damages,  and  in  case  the  town  treasurer  is  not  satisfied  with 
the  evidence  that  the  claimant  is  the  person  entitled  to  such 
damages  he  may  deposit  the  money  for  such  damages  with  the 
clerk  of  the  superior  court  for  the  county  in  which  the  land 
or  property  is  situate,  and  the  court,  after  due  notice,  shall 
determine  whether  such  person  is  entitled  to  the  damages.  In 
the  case  of  estates  not  settled  or  where  doubt  exists  as  to  tlie 
person  or  persons  entitled  to  damages,  or  the  amount  thereof, 
a  deposit  with  the,  town  treasurer  shall  be  deemed  a  tender  to 
the  owner  and  the  town  treasurer  shall  notify  the  judge  of 
probate  for  the  county  in  which  such  real  estate  lies. 

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

[Approved  May  3,  1949.] 


CHAPTER  18.]. 


AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  SOLICITOR  OF 
SULLIVAN  COUNTY. 

Be  it  enacted  by  the  Senate  and  Hoii»e  of  Representatives  in 
General  Court  convened: 

1.     Salary  of  Solicitor  of  Sullivan  County.  Amend  section  20 
of  chapter  24  of  the  Revised  Laws  as  amended  by  chapters  40 


1949]  Chapter  184  187 

and  136  of  the  Laws  of  1943,  and  by  chapters  2,  27,  202,  213, 
242,  263,  268,  and  270  of  the  Laws  of  1947,  by  striking  out  the 
word  "twelve"  in  the  eighth  hne  and  inserting  in  place  thereof 
the  word,  fifteen,  so  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,  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,  fifteen  hundred  dollars. 

In  Grafton,  eighteen  hundred  dollars. 

In  Coos,  eighteen  hundred  dollars. 
2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  3,  1949.] 


CHAPTER  184. 


AN  ACT  RELATIVE  TO  LIENS  ON  LOGS,  LUMBER  OR  PULPWOOD  FOR 

ADVANCES  MADE. 

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

1.  Liens  on  Logs,  Lumber  or  Pulp  wood  for  Advances  of 
Money.  Amend  chapter  264  of  the  Revised  Laws  by  adding 
after  section  14  the  following  new  section:    14-a.    Procedure. 

If  a  person,  firm  or  corporation  shall,  by  himself  or  itself,  or 
others,  make  an  advance  or  series  of  advances  of  money  to  the 
owner  of,  or  person  entitled  to  the  possession  of,  any  logs, 
lumber  or  pulpwood  for  the  purpose  of  financing  the  cutting, 
hauling,  yarding,  piling,  trucking,  rafting,  booming,  driving  or 
towing  of  the  same,  he  or  it  shall  have  a  lien  for  the  amount 
of  all  such  advances,  which  shall  take  precedence  over  all 
claims,  except  taxes,  liens  provided  for  in  section  14  hereof 
and  all  other  liens  legally  acquired  and  recorded  prior  to  the 
placing  of  the  registered  mark  thereon  as  herein  provided, 


188  Chapter  184  [1949 

upon  all  of  such  logs,  lumber  and  pulpwood  on  which  he  or  it 
has  caused  his  or  its  registered  mark  to  be  placed  and  such  lien 
with  respect  to  each  such  advance  shall  continue  for  all 
advances  for  two  years  after  the  date  of  making  the  last 
advance,  and  may  be  enforced  by  attachment. 

The  term  "registered  mark"  as  used  in  the  foregoing 
sentence  of  this  section  shall  mean  a  mark  described  in  a 
certificate  of  registration  issued  by  the  secretary  of  state  pur- 
suant to  the  provisions  of  the  following  paragraph  hereof,  and 
recorded  in  the  registry  of  deeds  for  the  county  in  which  such 
logs,  lumber  or  pulpwood  were  situated  when  such  registered 
mark  was  placed  thereon,  in  the  manner  provided  for  herein. 

(a)  Any  person,  firm  or  corporation  desiring  to  appro- 
priate for  his  or  its  own  exclusive  use  any  distinctive  mark  to 
be  placed  upon  logs,  lumber  or  pulpwood  for  identification,  may 
file  a  copy  of  such  mark,  accompanied  by  a  statement  claiming 
the  exclusive  use  thereof  for  such  purpose,  with  the  secretary 
of  state,  who,  if  satisfied  that  such  mark  is  not  the  duplicate 
of,  nor  so  closely  resembling  as  to  cause  confusion,  any  such 
mark  theretofore  registered  in  his  office,  shall  register  such 
mark  and  issue  to  and  in  the  name  of  such  person,  firm  or 
corporation  a  certificate  of  registration  of  such  mark.  The 
person,  firm  or  corporation  in  whose  name  such  certificate  of 
registration  is  issued  shall  be  entitled  to  the  exclusive  use  of 
the  mark  therein  described  for  all  purposes  of  this  section. 
Upon  request  the  secretary  of  state  shall  issue  certified  copies 
of  such  certificates  of  registration  upon  payment  of  the  fees 
hereinafter  provided  therefor. 

(b)  A  copy  of  any  such  certificate  of  registration, 
certified  by  the  secretary  of  state,  may  be  recorded  in  any 
registry  of  deeds. 

(c)  The  fee  for  registering  each  such  mark  with  the 
secretary  of  state,  which  fee  shall  include  the  issuance  of  the 
certificate  of  registration  thereof,  shall  be  five  dollars.  The 
fee  for  the  issuance  of  each  certified  copy  of  such  certificate, 
by  the  secretary  of  state,  shall  be  one  dollar.  The  fee  for  re- 
cording a  certified  copy  of  any  such  certificate  of  registration 
in  any  registry  of  deeds  shall  be  one  dollar. 

(d)  If  requested  in  writing  by  anj'one  interested  in  any 
logs,  lumber  or  pulpwood  on  which  there  is  a  lien  as  provided 
in  this  section,  the  lien  holder  shall  give  to  such  interested 


1949]  Chapter  185  189 

party  an  account,  within  fifteen  days,  in  writing  and  under 
oath;  said  account  shall  include  all  advances  claimed  to  be 
secured  by  said  lien  up  to  the  date  of  such  notice ;  on  failure  to 
furnish  such  account,  said  lien  shall  be  voided  as  against  the 
party  making  said  request.  Mailing  said  account  by  registered 
mail  postpaid  to  the  party  making  the  request  shall  be  deemed 
full  compliance  with  this  provision. 

2.  Exception.  Amend  section  19  of  chapter  264  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  19.  Duration.  The  lien  created  by 
sections  12  to  17  inclusive  shall  continue  for  ninety  days  after 
the  services  are  performed,  or  the  materials,  supplies  or  other 
things  are  furnished,  unless  payment  therefor  is  previously 
made,  and  shall  take  precedence  of  all  prior  claims  except  liens 
on  account  of  taxes,  provided  that  the  limitations  herein  pro- 
vided shall  not  apply  to  liens  created  by  section  14-a. 

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

[Approved  May  10,  1949.] 


CHAPTER  185. 

AN  ACT  RELATIVE  TO  UNEMPLOYMENT  COMPENSATION. 

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

1.  Benefit  Year.  Amend  subsection  C,  section  1  of  chapter 
218  of  the  Revised  Laws,  as  amended  by  chapter  16  of  the 
Laws  of  1945,  by  striking  out  the  whole  of  said  subsection  and 
inserting  in  place  thereof  the  following:  C.  "Benefit  year" 
with  respect  to  any  individual  means  the  year  beginning  with 
the  first  day  of  April  of  every  calendar  year  and  ending  on  the 
last  day  of  March  of  the  following  calendar  year. 

2.  Employer.  Amend  subsection  H,  section  1  of  said 
chapter  218,  as  amended  by  sections  1  and  2,  chapter  138  of  the 
Laws  of  1945,  by  striking  out  the  whole  of  the  same  and  in- 
serting in  place  thereof  the  following:  H.  "Employer"  means 

(1)  Any  employing  unit  which  in  each  of  twenty  different 
weeks,  whether  or  not  such  weeks  are  or  were  consecutive, 
within  either  the  current  or  the  preceding  calendar  year,  has 


190  Chapter  185  [1949 

or  had  in  employment,  four  or  more  individuals,  irrespective 
of  whether  the  same  individuals  are  or  were  employed  in  each 
such  week; 

(2)  Any  other  employing  unit  subject  for  either  the 
current  or  preceding  calendar  year  to  the  tax  levied  by  the 
Federal  Unemployment  Tax  Act  as  amended ; 

(3)  Any  employing  unit  (whether  or  not  an  employing 
unit  at  the  time  of  acquisition)  which  acquired  the  organi- 
zation, trade  or  business,  or  substantially  all  the  assets  there- 
of, of  another  which  at  the  time  of  such  acquisition  was  an 
employer  subject  to  this  chapter; 

(4)  Any  employing  unit  (whether  or  not  an  employing 
unit  at  the  time  of  acquisition)  which  acquired  the  organi- 
zation, trade  or  business,  or  substantially  all  the  assets  there- 
of, of  another  employing  unit  (not  an  employer  subject  to  this 
chapter)  and  which,  if  subsequent  to  such  acquisition  it  were 
treated  as  a  single  unit  with  such  other  employing  unit,  would 
be  an  employer  under  paragraph  (1)  of  this  subsection; 

(5)  Any  employing  unit  which,  having  become  an  em- 
ployer under  paragraph  (1),  (2),  (3)  or  (4),  has  not,  under 
section  7,  ceased  to  be  an  employer  subject  to  this  chapter;  or 

(6)  For  the  effective  period  of  its  election  pursuant  to 
section  7-C  any  other  employing  unit  which  has  elected  to  be- 
come fully  subject  to  this  chapter. 

3.  Employment.  Amend  paragraph  (1),  subsection  I, 
section  1  of  said  chapter  218,  as  amended  by  section  1, 
chapter  59  of  the  Laws  of  1947,  by  striking  out  the  whole  of 
said  paragraph  and  inserting  in  place  thereof  the  following: 
(1)  Subject  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,  ex- 
pressed or  implied,  together  with  service  performed  within  the 
state  which  constitutes  "emplovment"  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, 


1949]  Chapter  185  191 

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,  if: 

(a)  The  service  is  localized  within  the  state  (i.  e.,  per- 
formed either  entirely  within  the  state  or  performed  both 
within  and  without  the  state  if  the  service  performed  without 
is  incidental  to  that  performed  within) ;  or, 

(b)  If  the  service  cannot  be  considered  as  localized  in  any 
state  but  some  of  the  service  is  performed  in  the  state  and 
(i)  the  individual's  base  of  operations,  or  if  there  is  no  base  of 
operations,  then  the  place  from  which  such  service  is  directed 
or  controlled,  is  in  the  state;  or  (ii)  the  individual's  base  of 
operations  or  place  from  which  such  service  is  directed  or  con- 
trolled is  not  in  any  state  in  which  some  part  of  the  service  is 
performed  but  the  individual's  residence  is  in  this  state. 

4.  Total  and  Partial  Unemployment.  Amend  paragraph 
(2),  subsection  N,  section  1  of  said  chapter  218,  by  striking 
out  in  the  third  line  of  said  paragraph  the  word  "for"  and  in- 
serting in  place  thereof  the  words,  with  respect  to,  so  that  said 
paragraph  as  amended  shall  read  as  follows:  (2)  An  in- 
dividual shall  be  deemed  to  be  "partially  unemployed"  in  any 
week  of  less  than  full-time  work  if  the  wages  computed  to  the 
nearest  dollar  payable  to  him  with  respect  to  such  week  fail 
to  equal  his  weekly  benefit  amount. 

5.  Disqualifications  for  Benefits.  Amend  paragraph  (3), 
subsection  D,  section  4  of  said  chapter  218,  by  striking  out  the 
whole  of  said  paragraph  and  inserting  in  place  thereof  the 
following:  (3)  The  stoppage  of  work  was  due  solely  to  a 
lock-out  or  the  failure  of  the  employer  to  live  up  to  the  pro- 
visions of  any  agreement  or  contract  of  employment  entered 
into  between  the  employer  and  his  employees. 

6.  Disqualifications  for  Benefits.  Amend  subsection  E, 
section  4  of  said  chapter  218,  as  amended  by  section  10, 
chapter  138  of  the  Laws  of  1945,  and  section  13,  chapter  59  of 
the  Laws  of  1947,  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  remuner- 
ation in  the  form  of: 

(1)  Wages  in  lieu  of  notice;  or 

(2)  A  sickness  or  separation  allowance;  or 

(3)  Compensation  for  temporary  partial  disability  under 


192  Chapter  185  [1949 

the  workmen's  compensation  law  of  any  state   or  under  a 
similar  law  of  the  United  States ;  or 

(4)  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. 

7.  Claims  for  Benefits.  Amend  subsection  A,  section  5  of 
said  chapter  218,  by  striking  out  the  last  two  sentences  there- 
in, so  that  said  subsection  as  amended  shall  read  as  follows: 
A.  Filing.  Claims  for  benefits  shall  be  made  in  accordance 
with  such  regulations  as  the  commissioner  may  prescribe. 

8.  Initial  Determination.  Amend  subsection  B,  section  5 
of  said  chapter  218,  as  amended  by  section  11,  chapter  138  of 
the  Laws  of  1945,  and  section  14,  chapter  59  of  the  Laws  of 
1947,  by  striking  out  the  whole  of  the  same  and  inserting  in 
place  thereof  the  following:  B.  Initial  Determination. 
A  representative  designated  by  the  commissioner,  and  herein- 
after 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  com- 
mence, the  weekly  benefit  amount  payable  and  the  maximum 
duration  thereof,  or  shall  refer  such  claim  or  any  question  in- 
volved therein  to  an  appeal  tribunal,  which  shall  make  its  de- 
cision with  respect  thereto  in  accordance  with  the  procedure 
described  in  subsection  C  of  this  section.  The  deputy  shall 
promptly  notify  the  claimant  and  any  other  interested  parties 
of  the  decision  and  the  reasons  therefor.  The  deputy  may  for 
good  cause  reconsider  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  redeter- 
mination shall  be  made  after  six  months  from  the  date  of  the 
original  determination.  Unless  the  claimant  or  any  such  in- 
terested party,  within  five  calendar  days  after  the  delivery  of 
the  deputy's  notification,  or  within  seven  calendai*  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;  pro- 


1949]  Chapter  185  193 

vided,  however,  that  if  sufficient  grounds  to  justify  or  excuse 
a  delay  in  filing  an  appeal  within  the  time  limit  herein  set 
forth  are  found  by  the  commissioner,  the  time  for  filing  said 
appeal  may  be  extended.  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;  pro- 
vided that  if  an  appeal  tribunal  affirms  a  decision  of  a  deputy 
allowing  benefits,  such  benefits  shall  be  paid  regardless  of  any 
appeal  which  may  thereafter  be  taken,  but  if  such  decision  is 
finally  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  determination  or  recon- 
sidered determination  in  any  amount  not  in  dispute  shall  be 
paid  promptly  regardless  of  any  appeal. 

9.  Appals.  Amend  the  first  paragraph  of  subsection  C, 
section  5  of  said  chapter  218,  as  amended  by  section  12, 
chapter  138  of  the  Laws  of  1945,  by  striking  out  the  whole  of 
the  same  and  inserting  in  place  thereof  the  following:  C. 
Appeals.  Unless  such  appeal  is  withdrawn,  an  appeal 
tribunal,  after  affording  the  parties  reasonable  opportunity 
for  fair  hearing,  shall  affirm,  modify,  set  aside  or  reverse  the 
findings  of  fact  and  decision  of  the  deputy.  The  parties  shall 
be  duly  notified  of  such  tribunal's  decision,  together  with  its 
reasons  therefor.  Such  decision  shall  be  deemed  to  be  the 
final  decision  of  the  commissioner,  unless  within  ten  days 
after  the  date  of  notification  or  mailing  of  such  decision, 
further  appeal  is  initiated  pursuant  to  subsection  G  of  this 
section.  If  the  appellant  fails  to  appear  or  prosecute  the 
appeal  or  request  a  postponement  thereof,  the  appeal  tribunal 
may  dismiss  the  proceedings  or  take  such  other  action  as  it 
may  deem  advisable.  Provided,  however,  that  if  sufficient 
grounds  to  justify  or  excuse  an  appellant  from  appearing, 
prosecuting  his  appeal,  or  requesting  a  postponement  thereof, 
are  found  by  the  commissioner,  the  commissioner  shall,  in 
order  to  protect  the  rights  of  interested  parties,  direct  the 
appeal  tribunal  to  hold  a  further  hearing  in  the  case. 

10.  Appeal  Tribunals.  Amend  subsection  D,  section  5  of 
said  chapter  218,  by  striking  out  the  word  "eight"  and  insert- 
ing in  place  thereof  the  word,  ten,  so  that  said  subsection  as 
amended  shall  read  as  follows :     D.     Appeal  Tribunals.     To 


194  Chapter  185  [1949 

hear  and  decide  disputed  claims,  the  commissioner  shall 
appoint  one  or  more  impartial  appeal  tribunals  consisting  in 
each  case  of  either  a  salaried  examiner,  or  a  body  consisting 
of  three  members,  one  of  whom  shall  be  a  salaried  examiner, 
who  shall  serve  as  chairman,  one  of  whom  shall  be  a  repre- 
sentative of  employers  and  the  other  of  whom  shall  be  a  rep- 
resentative of  employees ;  each  of  the  latter  two  members  shall 
serve  at  the  pleasure  of  the  commissioner  and  be  paid  a  fee 
of  not  more  than  ten  dollars  per  day  of  active  service  on  such 
tribunal  plus  necessary  expenses.  No  person  shall  participate 
on  behalf  of  the  commissioner  in  any  case  in  which  he  is  an 
interested  party.  The  commissioner  may  designate  alternates 
to  serve  in  the  absence  or  disqualification  of  any  member  of  an 
appeal  tribunal.  The  chairman  shall  act  alone  in  the  absence 
or  disqualification  of  any  other  member  and  his  alternates. 
In  no  case  shall  the  hearings  proceed  unless  the  chairman  of 
the  appeal  tribunal  is  present. 

11.  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,  and 
section  17,  chapter  59  of  the  Laws  of  1947,  by  striking  out  the 
words  "eight  million"  and  inserting  in  place  thereof  the  words, 
twelve  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  compensation  fund  as 
of  January  1  of  such  calendai^  year  equals  or  exceeds  twelve 
million  dollars;  and  further  provided  that  no  employer  shall  be 
entitled  to  the  experience  rating  granted  under  this  section  un- 
less and  until  there  shall  have  been  three  consecutive  calendar 
years  immediately  preceding  the  computation  date  throughout 
which  the  account  of  such  employer  was  chargeable  with 
benefits. 

12.  Establishment  and  Control  of  Unemployment  Compen- 
sation Fund.  Amend  subsection  A,  section  8,  of  said  chapter 
218,  as  amended  by  section  18,  chapter  59  of  the  Laws  of  1947, 
by  striking  out  the  whole  of  the  same  and  inserting  in  place 
thereof  the  following:  A.  Establishment  and  Control. 
There  is  hereby  created  the  unemployment  compensation  fund 
to  be  administered  by  the  commissioner,  subject  to  audit  by 
the  comptroller  without  liability  on  the  part  of  the  state  be- 


1949]  Chapter  185  195 

yond  the  amounts  paid  into  and  earned  by  the  fund.  This  fund 
shall  consist  of  all  contributions  collected  under  this  chapter; 
all  interest  earned  upon  any  moneys  in  the  fund;  any 
properties  or  securities  acquired  through  use  of  moneys  or 
securities  belonging  to  the  fund;  all  earnings  of  such  prop- 
erties or  securities ;  and  all  other  moneys  received  for  the  fund 
from  any  other  source.  All  moneys  in  the  fund  shall  be 
mingled  and  undivided. 

13.  Records  and  Reports.  Amend  subsection  G,  section  9 
of  said  chapter  218,  as  amended  by  section  20,  chapter  138  of 
the  Laws  of  1945,  by  inserting  after  the  first  paragraph  there- 
of the  following  paragraph:  No  action  for  slander  or  libel, 
either  criminal  or  civil,  shall  be  predicated  upon  information 
furnished  by  any  employer  or  any  employee  to  the  commis- 
sioner in  connection  with  the  administration  of  any  of  the  pro- 
visions of  this  chapter,  so  that  said  subsection  as  amended 
shall  read  as  follows :  G.  Records  and  Reports.  Each  em- 
ploying unit  shall  keep  true  and  accurate  work  records,  for 
such  periods  of  time  and  containing  such  information  as  the 
commissioner  may,  by  regulation,  prescribe.  Such  records 
shall  be  open  to  inspection  and  be  subject  to  being  copied  by 
the  commissioner  or  his  authorized  representatives  at  any 
reasonable  time  and  as  often  as  may  be  necessary.  The  com- 
missioner may,  at  his  discretion,  notify  any  employer  of  the 
prospective  benefit  rights  of  any  employee.  The  commissioner 
and  the  chairman  of  any  appeal  tribunal  may  require  from  any 
employing  unit  any  sworn  or  unsworn  reports,  with  respect  to 
persons  employed  by  it,  which  either  of  them  deems  necessary 
for  the  effective  administration  of  this  chapter.  Information 
thus  obtained  or  obtained  from  any  individual  pursuant  to  the 
administration  of  this  chapter  shall  be  held  confidential  and 
shall  not  be  published  or  be  open  to  public  inspection  (other 
than  to  employers  and  public  employees  in  the  performance  of 
their  public  duties)  in  any  manner  revealing  the  individual's 
or  employing  unit's  identity,  but  any  claimant  (or  his  legal 
representative)  at  a  hearing  before  an  appeal  tribunal  or  the 
commissioner  shall  be  supplied  with  information  from  such 
records  to  the  extent  necessary  for  the  proper  presentation  of 
his  claim.  Any  employee  or  member  of  an  appeal  tribunal  or 
any  employee  of  the  commissioner  who  violates  any  provision 
of  this  section  shall  be  fined  not  less  than  twenty  dollars  nor 


196  Chapter  185  [1949 

more  than  two  hundred  dollars,  or  imprisoned  for  not  more 
than  ninety  days,  or  both. 

No  action  for  slander  or  libel,  either  criminal  or  civil,  shall 
be  predicated  upon  information  furnished  by  any  employer  or 
any  employee  to  the  commissioner  in  connection  with  the 
administration  of  any  of  the  provisions  of  this  chapter. 

The  commissioner  may  cause  to  be  made  such  summaries, 
compilations,  photographs,  duplications,  or  reproductions  of 
any  records,  reports,  or  transcripts  thereof  as  he  may  deem 
advisable  for  the  effective  and  economical  preservation  of  the 
information  contained  therein,  and  such  summaries,  com- 
pilations, photographs,  duplications,  or  reproductions,  duly 
authenticated,  shall  be  admissible  in  any  proceeding  under  this 
chapter  if  the  original  record  or  records  would  have  been 
admissible  therein. 

The  commissioner  may  by  regulation  order  the  destruction, 
after  reasonable  periods,  of  any  and  all  records,  reports, 
transcripts  or  reproductions  thereof  or  other  papers  kept  pur- 
suant to  the  administration  of  the  unemployment  compen- 
sation law  which  are  not  considered  by  him  as  necessary  to  the 
administration  of  this  chapter. 

14.  Reimbursement  of  Fund.  Amend  subsection  B,  section 
10  of  said  chapter  218,  as  amended  by  section  22,  chapter  59 
of  the  Laws  of  1947,  by  striking  out  the  whole  of  the  same  and 
inserting  in  place  thereof  the  following:  B.  Reimburse- 
ment OF  Fund.  If  any  moneys  received  after  June  30,  1941, 
from  the  social  security  administration  under  title  III  of  the 
Social  Security  Act,  or  any  unencumbered  balances  in  the  un- 
employment compensation  administration  fund  as  of  that  date, 
or  any  moneys  granted  after  that  date  to  this  state  pursuant  to 
the  provisions  of  the  Wagner-Peyser  Act,  or  any  moneys  made 
available  by  this  state  or  its  political  subdivisions  and  matched 
by  such  moneys  granted  to  this  state  pursuant  to  the  pro- 
visions of  the  Wagner-Peyser  Act,  are  found  by  the  social 
security  administration,  because  of  any  action  or  contingency, 
to  have  been  lost  or  been  expended  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  in  the  contingent  fund  established  by 
section  10-C,  or  by  moneys  appropriated  for  such  purpose  from 


1949]  Chapter  185  197 

the  general  funds  of  this  state  to  the  unemployment  com- 
pensation administration  fund  for  expenditure  as  provided  in 
section  10-A.  Upon  receipt  of  notice  of  such  a  finding  by  the 
social  security  administration,  and  in  the  event  that  there  are 
insufficient  funds  in  the  contingent  fund,  as  provided  in  sub- 
section C  of  this  section,  the  commissioner  shall  promptly  re- 
port the  amount  required  for  such  replacement  to  the  gover- 
nor, 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. 

15.  Contingent  Fund.  Amend  section  10  of  said  chapter 
218,  as  amended  by  section  22,  chapter  59  of  the  Laws  of  1947, 
by  inserting  at  the  end  thereof  the  following  new  subsection  : 
C.  Contingent  Fund.  There  is  hereby  created  in  the  state 
treasury  a  special  fund  to  be  known  as  the  contingent  fund. 
All  interest,  fines  and  penalties  collected  under  the  provisions 
of  this  chapter,  after  the  effective  date  of  this  subsection,  shall 
be  paid  into  this  fund.  Said  moneys  shall  not  be  expended  or 
available  for  expenditure  in  any  manner  which  would  permit 
their  substitution  for  (or  a  corresponding  reduction  in) 
federal  funds  which  would,  in  the  absence  of  said  moneys,  be 
available  to  finance  expenditures  for  the  administration  of  this 
chapter.  But  nothing  in  this  chapter  shall  prevent  said 
moneys  from  being  used  as  a  revolving  fund,  to  cover  expendi- 
tures (necessary  and  proper  under  the  law)  for  which  federal 
funds  have  been  duly  requested  but  not  yet  received,  subject 
to  the  charging  of  such  expenditures  against  such  funds  when 
received.  The  moneys  in  this  fund  shall  be  used  by  the  com- 
missioner for  the  payment  of  costs  of  administration  which 
are  found  not  to  have  been  properly  and  validly  chargeable 
against  federal  grants  (or  other  funds)  received  for  or  in  the 
unemployment  compensation  administration  fund  on  or  after 
the  effective  date  of  this  subsection.  The  moneys  in  this  fund 
are  hereby  specifically  made  available  to  replace,  within  a 
reasonable  time,  any  moneys  received  by  this  state  pursuant 
to  section  302  of  the  federal  Social  Security  Act,  as  amended, 
which,  because  of  any  action  or  contingency,  have  been  lost  or 
have  been  expended  for  purposes  other  than,  or  in  amounts  in 


198  Chapter  185  [1949 

excess  of,  those  necessary  for  the  proper  administration  of 
this  chapter.  This  fund  shall  be  administered  and  disbursed 
in  the  same  manner  and  under  the  same  conditions  as  other 
special  funds  of  the  state  treasury.  The  moneys  in  this  fund 
shall  be  continuously  available  to  the  commissioner  for  ex- 
penditure in  accordance  with  the  provisions  of  this  subsection 
and  shall  not  lapse  at  any  time  or  be  transferred  to  any  other 
fund  except  as  herein  provided.  Provided,  however,  that  on 
June  30  of  each  year  all  moneys  in  excess  of  one  thousand 
dollars  in  this  fund  shall  be  transferred  to  the  unemployment 
compensation  fund.  In  the  event  that  a  refund  of  interest,  a 
fine  or  a  penalty  is  found  necessary,  and  such  interest,  fine  or 
penalty  has  been  deposited  in  the  contingent  fund,  such  refund 
shall  be  made  from  the  contingent  fund. 

16.  Interest  on  Past-Due  Contributions.  Amend  sub- 
section A,  section  11,  of  said  chapter  218,  by  striking  out  the 
last  sentence  therein  and  inserting  in  place  thereof  the  follow- 
ing: Interest  collected  pursuant  to  this  subsection  shall  be 
paid  into  the  contingent  fund  provided  in  subsection  10-C,  so 
that  said  subsection  as  amended  shall  read  as  follows:  A. 
Interest  on  Past-Due  Contributions.  Contributions  un- 
paid on  the  date  on  which  they  ai'e  due  and  payable,  as  pre- 
scribed by  the  commissioner,  shall  bear  interest  at  the  rate  of 
one  per  centum  per  month  from  and  after  such  date  until  pay- 
ment plus  accrued  interest  is  received  by  the  commissioner. 
Interest  collected  pursuant  to  this  subsection  shall  be  paid  into 
the  contingent  fund  provided  in  subsection  10-C. 

17.  CoUection  of  State  Contributions.  Amend  subsection 
H,  section  11  of  said  chapter  218,  by  striking  out  the  whole  of 
the  same  and  inserting  in  place  thereof  the  following:  H. 
Collection  of  State  Contributions.  Wherever  used  in  this 
section,  unless  the  context  shall  otherwise  require,  or  unless 
otherwise  specifically  provided,  the  word  "contribution"  shall 
include  not  only  the  principal  of  any  contribution  but  also  all 
interest,  penalties,  fees  and  other  charges  added  thereto  by 
law;  and  the  term  "serving  officer"  shall  include  any  sheriff, 
deputy  sheriff,  constable  or  other  officer  authorized  to  serve 
any  civil  process.  Upon  the  failui'e  of  any  person  to  pay  any 
contribution  due  to  the  state  within  thirty  days  from  its  due 
date,  the  commissioner  or  his  duly  authorized  representative 
charged  by  law  with    its   collection    shall    add    thereto   such 


1949]  Chapter  186  199 

penalty  or  interest  or  both  as  shall  be  prescribed  by  law.  The 
attorney  general  may  collect  any  such  contribution  by  a  civil 
action,  or  the  commissioner  or  his  duly  authorized  repre- 
sentative charged  by  law  with  the  collection  of  such  con- 
tribution may  make  out  and  sign  a  warrant  directed  to  any 
serving  officer  for  distraint  upon  the  goods,  realty  or  body  of 
such  person.  Each  serving  officer  so  receiving  a  warrant  shall 
make  return  to  the  party  making  out  such  warrant  within  a 
period  of  thirty  days  from  its  receipt  by  him.  To  each 
warrant  placed  in  the  hands  of  any  serving  officer  shall  be 
attached  an  itemized  bill,  certified  by  the  party  making  out 
such  warrant  to  be  a  true  and  correct  statement  of  the  total 
amount  of  contribution  due  from  such  person.  Any  serving 
officer  deputed  to  serve  a  warrant  drawn  under  the  provisions 
of  this  law  shall,  so  far  as  such  warrant  is  concerned,  have, 
mutatis  mutandis,  all  the  powers  vested  in  tax  collectors  and 
sheriffs  under  the  provisions  of  chapter  80 ;  shall  proceed  pur- 
suant to  the  terms  of  one  or  more  of  said  statutes ;  shall  make 
return  to  the  party  making  out  such  warrant  within  ten  days 
of  the  completion  of  service  and  shall  collect  from  such  per- 
son, in  addition  to  the  amount  shown  on  such  warrant,  his  fees 
and  charges,  which  shall  be  those  authorized  by  statute  for 
serving  officers,  as  in  all  other  civil  actions. 

18.     Effective  Date.    This  act    shall  take  effect   upon  its 
passage. 
[Approved  May  11,  1949.] 


CHAPTER  186. 


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

AN  ACT  TO  PROVIDE  FOR  A  PRESIDENTIAL  PREFERENCE  PRIMARY. 

1.     Presidential  Preference  Primary.     Amend  the  Revised 
Laws,  by  inserting  after  chapter  38  the  following  new  chapter : 

Chapter  38-A 

Presidential  Preference  Primary 

1.     Primary.     On  the  same  date  and  at  the  same  time  as 
the  election  of  delegates  to  national  conventions,  as  provided  in 


200  Chapter  186  [1949 

chapter  38,  there  shall  be  held  in  each  town  and  ward  a  presi- 
dential preference  primary,  as  hereinafter  provided,  for  each 
political  party.  The  secretary  of  state  shall  prepare  and  dis- 
tribute for  use  at  such  primary  an  official  ballot  for  each 
political  party  and  shall  insert  the  necessary  columns  for  ballot- 
ing on  the  same  ballot  as  is  prepared  under  the  provisions  of 
section  4  of  chapter  38. 

2.  Voting  Preference.  Every  qualified  voter,  eligible  to 
vote  in  the  election  of  his  party  as  provided  in  chapter  38, 
shall  have  opportunity  at  such  presidential  preference  primary 
to  vote  his  preference,  on  the  ballot  of  his  party,  for  his  choice 
for  one  person  to  be  the  candidate  of  his  political  party  for 
president  of  the  United  States  and  one  person  to  be  the  candi- 
date of  his  political  party  for  vice  president  of  the  United 
States,  either  by  writing  the  names  of  such  persons  in  blank 
spaces  to  be  left  in  said  ballot  for  that  purpose,  or  by  marking 
a  cross  opposite  the  printed  names  of  the  persons  of  his  choice, 
as  in  the  case  of  other  primaries. 

3.  Nomination  Petition.  The  names  of  any  persons  to  be 
voted  upon  for  candidates  for  president  and  vice  president 
shall  be  printed  on  the  ballots  solely  on  petition  of  New  Hamp- 
shire voters  of  the  same  political  party  as  the  prospective 
candidates.  The  time  limits  for  filing  such  petitions  with  the 
secretary  of  state  shall  be  not  more  than  sixty  days  nor  less 
than  forty  days  before  the  primary.  In  order  to  qualify  the 
name  of  any  person  to  appear  on  such  ballot,  a  petition  in 
support  of  his  candidacy  must  be  signed  by  at  least  fifty 
qualified  voters  of  each  congressional  district  of  the  state. 
The  petitions  shall  be  in  such  form  as  may  be  prescribed  by  the 
secretary  of  state  and  shall  contain  an  affirmation  under  the 
penalties  for  perjury  that  each  signer  is  a  qualified  voter  in  his 
congressional  district  and  is  a  member  of  the  same  political 
party  as  the  proposed  candidate.  A  separate  petition  shall  be 
presented  from  each  congressional  district.  The  decision  of 
the  secretary  of  state  as  to  the  regularity  of  petitions  shall  be 
final. 

4.  Notification  of  Candidate.  Whenever  the  secretary  of 
state  shall  receive  petitions  which  appear  to  qualify  the  name 
of  a  candidate  for  president  or  vice  president  to  be  placed  on 
such  ballot,  he  shall  forthwith  notify  the  prospective  candi- 
date    by  the  most  expeditious  means  of  communication  and 


1949]  Chapter  187  201 

shall  advise  such  prospective  candidate  that  unless  he  with- 
draws his  name  from  the  ballot  within  ten  days  after  receipt 
of  such  notice,  his  name  will  appear  on  the  ballot  of  his  party 
at  such  presidential  preference  primary.  If  a  candidate  signi- 
fies his  desire  to  withdraw  his  name  within  the  above  time 
limit,  the  secretary  of  state  shall  not  print  his  name  on  the 
ballot. 

5.  Form  of  Ballot.  There  shall  be  one  column  on  the 
ballot  of  each  political  party  for  president  and  one  column  for 
vice  president.  The  column  shall  be  headed  "Candidate  of  the 
(insert  name  of  party)  Party  for  President  (or  Vice  President) 
of  the  United  States."  Underneath  this  heading  there  shall 
appear  the  words :  'T  hereby  declare  my  preference  for  candi- 
date for  the  office  of  President  (or  Vice  President)  of  the 
United  States  to  be  as  follows."  Below  these  words,  there  shall 
be  printed  the  names  of  candidates  with  the  usual  boxes  at  the 
right.  There  shall  always  be  one  blank  space  left  for  writing 
in  the  name  of  a  candidate. 

6.  Effect  of  Primary.  The  results  of  the  presidential 
preference  primary  shall  be  advisory  in  nature  for  the  dele- 
gates elected  under  chapter  38. 

7.  Counting  and  Declaration  of  Result.  The  ballots  shall 
be  counted  and  the  returns  made  and  canvassed  as  provided  in 
chapter  38.  The  secretary  of  state  shall  publish  the  result  in 
some  newspaper  of  general  circulation  in  the  state. 

8.  Provisions  Applicable.  The  appropriate  provisions  of 
chapter  33  shall  apply  to  presidential  preference  primaries  held 
under  the  provisions  of  this  chapter,  unless  clearly  inconsistent 
herewith. 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  11,  1949.] 


CHAPTER  187. 

AN  ACT  DEFINING  "WHOLESALER"  AND  "SUB-JOBBER"  UNDER 
THE  TOBACCO  TAX  ACT  SO-CALLED. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 
1.     Wholesalers    of    Tobacco    Products    Defined.       Amend 
section   1,    paragraph   V   of   chapter   79,   Revised   Laws,   as 


202  Chapter  188  [1949 

amended  by  chapter  133,  Laws  of  1947,  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following:  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 
all  of  his  tobacco  products  stock  to  sub-jobbers,  vending 
machine  operators  or  retailers. 

2.  Sub-jobber  of  Tobacco  Products  Defined.  Amend 
section  1,  paragraph  VII  of  chapter  79,  Revised  Laws,  as 
amended  by  chapter  133,  Laws  of  1947,  by  striking  out  said 
paragraph  and  inserting  in  place  thereof  the  following:  VII. 
"Sub-jobber,"  any  person,  other  than  a  wholesaler,  having  an 
established  regular  place  of  business  in  this  state,  (a)  who 
shall  sell  all  of  his  tobacco  products  to  vending  machine 
operators  and  to  retailers;  provided,  however,  that  any  such 
person  must  sell  to  fifty  or  more  vending  machine  operators  or 
retailers,  or  (b)  who  by  the  nature  of  the  national  character 
of  his  business  shall  be  a  direct  buyer  from  manufacturers  of 
tobacco  products,  or  (c)  who  shall  operate  twenty  or  more  re- 
tail stores  in  this  state. 

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

[Approved  May  12,  1949.] 


CHAPTER  188. 


AN  ACT  DEFINING  THE  WORDS  "MOTOR  VEHICLE"  UNDER  THE 
MOTOR  VEHICLE  LIABILITY  INSURANCE  LAW. 

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

1.  Motor  Vehicle  Liability  Insui-ance.  Amend  section  1  of 
chapter  122  of  the  Revised  Laws  by  adding  at  the  end  thereof 
a  new  paragraph  to  read  as  follows:  IX.  "Motor  vehicle," 
any  self-propelled  vehicle  not  operated  exclusively  upon 
stationary  tracks,  except  farm  tractors  and  crawler  type 
tractors. 

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

[Approved  May  12,  1949.] 


1949]  Chapter  189  203 

CHAPTER  189. 

AN  ACT  RELATIVE  TO  OPERATORS'  AND  COMMERCIAL  OPERATORS' 

LICENSES. 

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

1.  Commercial  License.  Amend  section  1  of  chapter  115 
of  the  Revised  Laws  by  striking  out  paragraph  IV  and  insert- 
ing in  place  thereof  the  following:  IV.  "Commercial 
Operator"  every  person  who  operates  a  bus  or  motor  truck  as 
defined  in  this  section. 

2.  Definition.  Amend  section  1,  chapter  115  of  the  Re- 
vised Laws  by  striking  out  paragraph  XIX  and  inserting  in 
place  thereof  the  following:  XIX.  "Operator,"  any  person 
who  operates  a  motor  vehicle  except  vehicles  as  defined  in  para- 
graphs I  and  XV. 

3.  Motor  Cycle.  Amend  section  7  of  chapter  117  of  the 
Revised  Laws  by  striking  out  the  word  "chauffeur's"  in  the 
first  and  second  line  and  inserting  in  place  thereof  the  words, 
commercial  operator's,  so  that  said  section  as  amended  shall 
read  as  follows:  7.  Operating  Motor  Cycle.  A  person  to 
whom  an  operator's  or  commercial  operator's  license  has  been 
issued,  unless  such  license  contains  a  special  limitation  or  re- 
striction, may  operate  any  registered  motor  cycle. 

4.  Operators.  Amend  section  10  of  chapter  117  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  10.  Exception.  The  provisions 
of  the  preceding  section  shall  not  prevent  the  operation  of  a 
motor  vehicle  by  unlicensed  persons,  while  being  taught  to 
operate,  when  accompanied  by  a  person  holding  a  commercial 
operator's  license  or  an  operator's  license  w^ho  is  actually 
occupying  the  seat  beside  the  person  who  is  being  taught  to 
operate,  excepting  only  persons  who  have  been  licensed  and 
whose  licenses  have  been  suspended  for  cause  and  persons  less 
than  sixteen  years  of  age ;  but  said  persons  holding  commercial 
operators'  licenses  or  operators'  licenses  shall  be  liable  for  the 
violation  of  any  provision  of  this  title  or  any  regulations  made 
in  accordance  therewith  committed  by  such  unlicensed 
operator. 

5.  Examiners.  Amend  section  12  of  chapter  117  of  the 
Revised  Laws  by  striking  out  the  word  "chauffeurs"  in  the 


204  Chapter  189  [1949 

first  line  and  inserting  in  place  thereof  the  words,  commercial 
operators,  so  that  said  section  as  amended  shall  read  as 
follows:  12.  Examiners  Not  Liable.  Examiners  of  com- 
mercial operators  and  operators  in  the  employ  of  the  commis- 
sioner, when  engaged  in  their  official  duties,  shall  not  be  liable 
for  the  acts  of  any  person  who  is  being  examined. 

6.  Operators.  Amend  section  15  of  chapter  117  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  15.  Commercial  Operator's  License. 
No  person  shall  operate  a  bus  or  motor  truck,  except  one 
owned  by  himself,  as  defined  in  paragraphs  I  and  XV  of 
section  1  of  chapter  115  of  the  Revised  Laws,  unless  specially 
licensed  as  a  commercial  operator  by  the  commissioner  and 
such  license  shall  cover  the  operation  of  any  motor  vehicle. 

7.  Age  Limitation.  Amend  section  16  of  chapter  117  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  16.  Limitation.  Commercial 
operators'  licenses  shall  be  issued  to  any  person  who  has 
passed  a  commercial  operator's  examination;  but  no  such 
license  shall  be  issued  to  any  person  less  than  eighteen  years 
of  age. 

8.  Hiring.  Amend  chapter  117  of  the  Revised  Laws  by 
striking  out  section  17  and  inserting  in  place  thereof  the 
following:  17.  Employing  Commercial  Operator.  No  person 
in  control  of  a  bus  or  motor  truck  shall  allow  any  other  person 
to  operate  such  bus  or  motor  truck  unless  such  operator  holds 
a  commercial  operator's  license. 

9.  Fees.  Amend  paragraph  I  of  section  9  of  chapter  118 
of  the  Revised  Laws  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  I.  For  each  operator's 
original  license  and  examination,  three  dollars;  for  each  com- 
mercial operator's  original  license  and  examination,  five 
dollars,  except,  when  the  applicant  has  held  a  chauffeur's 
license  for  the  previous  year  in  which  case  the  fee  shall  be  two 
dollars;  and  for  all  subsequent  renewals  of  operator's,  and 
commercial  operator's  licenses,  two  dollars  each. 

10.  Takes  Effect.  This  act  shall  take  effect  as  of  April  1, 
1950. 

[Approved  May  12,  1949.] 


1949]  Chapter  190  205 

CHAPTER  190. 

AN  ACT  RELATIVE  TO  PARI  MUTUEL  POOLS  AT  RACE  MEETS  AT 
AGRICULTURAL  FAIRS. 

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

1.  Horse  Racing.  Amend  section  15  of  chapter  171  of  the 
Revised  Laws  as  amended  by  chapter  83  of  the  Laws  of  1943 
and  chapter  117  of  the  Laws  of  1945  and  by  chapter  24  of  the 
Laws  of  1949  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  15.  Pari  Mutuel  Pools.  Within  the 
enclosure  of  any  race  track  where  is  held  a  race  or  race  meet 
licensed  and  conducted  under  this  chapter,  but  not  elsewhere, 
the  sale  of  pari  mutuel  pools  by  the  licensee  under  such 
regulations  as  may  be  prescribed  by  said  commission  is  hereby 
permitted  and  authorized  during  the  calendar  years  1941  to 
1956,  inclusive.  Commissions  on  such  pools  shall  in  no  event 
and  at  no  track,  excepting  at  tracks  or  race  meets  conducted 
solely  for  harness  racing  by  agricultural  fairs  where  the  com- 
missions shall  be  fifteen  per  cent,  exceed  eleven  and  one-half 
per  cent  of  each  dollar  wagered,  plus  the  odd  cents  of  all  re- 
distribution to  be  based  upon  each  dollar  wagered  exceeding  a 
sum  equal  to  the  next  lowest  multiple  of  ten,  known  as  "break- 
age," one-half  of  which  breakage  shall  be  retained  by  the 
licensee  and  the  balance  shall  be  paid  to  the  state  treasurer  for 
the  use  of  the  state  in  accordance  with  the  provisions  of  sec- 
tion 2.  Said  maximum  shall  include  the  five  per  cent  tax 
hereinafter  prescribed.  For  the  purpose  of  the  exception  set 
forth  in  this  section,  an  "agricultural  fair"  shall  be  deemed  to 
be  such  an  association  as  does  provide  for  and  pay  premiums 
of  five  thousand  dollars,  or  more,  annually  as  is  determined  by 
the  commissioner  of  agriculture  in  accordance  with  section  18 
of  this  chapter. 

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

[Approved  May  12,  1949.] 


206  Chapter  191  [1949 

CHAPTER  191. 

AN  ACT  RELATIVE  TO  THE  VALIDATION  OF  CERTAIN  INSTRUMENTS 

OF  CONVEYANCE. 

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

1.  Real  Estate.  Amend  chapter  259  of  the  Revised  Laws 
by  inserting  after  section  15  the  following  new  section:  15-a. 
Deeds  Lacking  Statement  of  Consideration  or  Seals,  Validated. 
When  any  instrument  of  writing  shall  have  been  on  record  in 
the  office  of  the  register  of  deeds  in  the  proper  county  for 
the  period  of  ten  years,  and  there  is  a  defect  in  such  instru- 
ment because  it  omitted  to  state  any  consideration  therefor  or 
because  it  was  not  sealed  by  the  grantors  or  any  of  them,  such 
instrument  shall,  from  and  after  the  expiration  of  ten  years 
from  the  filing  thereof  for  record,  be  valid  as  though  such  in- 
strument had,  in  the  first  instance,  stated  the  consideration 
therefor  or  had  been  sealed  by  all  of  the  grantors  in  full  com- 
pliance with  requirements  of  law,  and  such  instrument  shall, 
after  the  expiration  of  ten  years  from  the  filing  of  the  same  for 
record,  impart  to  subsequent  purchasers,  incumbrancers  and 
all  other  persons  whomsoever,  notice  of  such  instrument  of 
writing  so  far  as  and  to  the  same  extent  that  the  same  then 
be  recorded,  copied  or  noted  in  such  books  of  record,  notwith- 
standing such  defect.  Provided  that  nothing  herein  contained 
shall  be  construed  to  affect  any  rights  acquired  by  grantees, 
assignees  or  incumbrancers  subsequent  to  the  filing  of  such  in- 
strument for  record  and  prior  to  the  expiration  of  ten  years 
from  the  filing  of  such  instrument  for  record;  and  provided 
further,  that  this  section  shall  not  apply  to  conveyances  or 
other  instruments  of  writing,  the  validity  of  which  is  brought 
in  question  in  any  suit  now  pending  in  any  of  the  courts  of  this 
state. 

2.  Mortgages.  Further  amend  chapter  259  of  the  Revised 
Laws  by  inserting  after  section  15-a  the  following  new  section : 
15-b.  Informal  Discharges,  Validated.  Every  duly  recorded 
satisfaction  piece  or  instrument  heretofore  executed  with  in- 
tent to  cancel  and  discharge  or  assign  a  mortgage  of  real 
estate,  fully  identifying  the  mortgage  so  intended  to  be  can- 
celed and  discharged  or  assigned,  but  not  drawn  in  formal 


1949]  Chapters  192,  193  207 

accordance  with  statutory  requirements,  shall  be  held  a  valid 
discharge  or  assignment  of  such  mortgage  and  a  release  or 
assignment  of  the  mortgaged  interest  in  such  real  estate ;  pro- 
vided that  this  section  shall  not  apply  to  such  satisfaction 
pieces  or  instruments,  the  validity  of  which  is  brought  in 
question  in  any  suit  now  pending  in  any  of  the  courts  of  this 
state. 

3.     Takes   Effect.       This   act    shall   take    effect   upon   its 
passage. 
[Approved  May  12,  1949.] 


CHAPTER  192. 

AN  ACT  RELATING  TO  INTEREST  ON  DELINQUENT  TAXES. 

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

1.  Effective  Date.  Amend  section  4  of  chapter  61  of  the 
Laws  of  1949  by  striking  out  the  whole  thereof  and  inserting 
in  place  thereof  the  following:  4.  Effective  Date.  This  act 
shall  take  effect  April  1,  1949,  and  shall  apply  only  to  taxes 
levied  on  or  after  that  date. 

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

[Approved  May  12,  1949.] 


CHAPTER  193. 

AN  ACT  RELATING  TO  CONTRACTS  BY  MARRIED  WOMEN. 

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

1.  Married  Women.  Amend  section  2  of  chapter  340  of  the 
Revised  Laws  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  2.  Wife's  Contracts,  etc.  Every 
married  woman  shall  have  the  same  rights  and  remedies,  and 
shall  be  subject  to  the  same  liabilities  in  relation  to  property 
held  by  her  in  her  own  right,  as  if  she  were  unmarried,  and 


208  Chapter  194  [1949 

may  make  contracts,  and  sue  and  be  sued,  in  all  matters  in  law 
and  equity,  and  upon  any  contract  by  her  made,  or  for  any 
wrong  by  her  done,  as  if  she  were  unmarried;  provided  that 
no  contract  or  conveyance  by  a  married  woman  as  surety  or 
guarantor  for  her  husband,  nor  any  undertaking  by  her  for 
him  or  in  his  behalf,  shall  be  binding  on  her,  unless  such  con- 
tract or  conveyance  or  undertaking  be  signed  by  her  before 
a  notary  public  or  justice  of  the  peace  and  out  of  the  presence 
of  her  husband. 

2.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  12,  1949.] 


CHAPTER  194. 

AN  ACT  RELATIVE  TO  PROTECTION  OF  ILLEGITIMATE  CHILDREN. 

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

1.  Vital  Statistics.  Amend  chapter  337  of  the  Revised 
Laws  by  inserting  after  section  4  the  following  new  section: 
4-a.  Prohibition.  In  the  case  of  an  illegitimate  child  or  a 
child  bom  out  of  wedlock,  the  name  of  the  putative  father  shall 
not  be  entered  in  or  upon  the  birth  certificate  or  birth  record 
of  such  child  without  the  written  consent  of  the  putative 
father,  unless  the  paternity  of  the  child  has  been  adjudicated. 
When,  from  information  appearing  upon  a  birth  certificate,  it 
is  discernible  that  the  record  is  that  of  an  illegitimate  child  or 
a  child  born  out  of  wedlock  no  copy  of  such  record  shall  be 
transmitted  to  the  city  or  town  within  which  the  parents  re- 
side nor  shall  a  report  of  such  a  birth  be  published  in  any  town 
or  county  report. 

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

[Approved  May  12,  1949.] 


1949]  Chapter  195  209 

CHAPTER  195. 

AN  ACT  RELATIVE  TO  TRANSFER  TAX  ON  CERTAIN  BUILDINGS 
IN  THE  TOWN  OF  HAMPTON. 

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

1.  Amendment.  Amend  section  4  of  chapter  89  of  the  Re- 
vised Laws  by  adding  at  the  end  thereof  the  following:  nor  to 
buildings  on  land  at  Hampton  in  the  county  of  Rockingham 
owned  by  lessees  (or  sub-lessees)  of  real  estate  owned  by  the 
town  of  Hampton  and  leased  by  said  town  to  the  Hampton 
Beach  Improvement  Company  and  directly  to  other  lessees,  so 
that  said  section  as  amended  shall  read  as  follows:  4. 
Exceptions.  The  provisions  of  this  chapter  shall  not  apply  to 
the  stock  or  oblig"ations  of  a  corporation  organized  under 
New  Hampshire  laws,  and  owned  by  a  nonresident,  if,  at  the 
time  of  the  death  of  the  owner,  all  the  business  conducted  by 
the  corporation  under  the  authority  of  its  charter  (except 
stockholders'  or  directors'  meetings  and  the  duties  performed 
by  the  clerk  with  reference  thereto)  is  actually  carried  on  out- 
side of  the  state ;  nor  to  the  deposits  of  a  nonresident  decedent 
at  the  time  of  his  death  in  any  bank  or  trust  company  within 
the  jurisdiction  of  this  state;  nor  to  buildings  on  land  at 
Hampton  in  the  county  of  Rockingham  owned  by  lessees  (or 
sub-lessees)  of  real  estate  owned  by  the  town  of  Hampton  and 
leased  by  said  town  to  the  Hampton  Beach  Improvement  Com- 
pany and  directly  to  other  lessees. 

2.  Taxation  of  Real  Estate.  Amend  chapter  87  of  the  Re- 
vised Laws  as  amended  by  chapter  3  and  chapter  144  of  the 
of  the  Laws  of  1945  by  inserting  after  section  1  the  following 
new  section  to  read  as  follows:  2.  Hampton  Real  Estate. 
For  the  purposes  of  this  chapter  buildings  on  land  at  Hampton 
in  the  county  of  Rockingham  owned  by  lessees  (or  sub-lessees) 
of  real  estate  owned  by  the  town  of  Hampton  and  leased  by 
said  town  to  the  Hampton  Beach  Improvement  Company  and 
directly  to  other  lessees  shall  be  construed  to  be  real  estate. 

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

[Approved  May  12,  1949.] 


210  Chapters  196,  197  [1949 

CHAPTER  196. 

AN  ACT  RELATING  TO  APPOINTMENT  OF  PROBATION  OFFICERS 
IN  LARGE  TOWNS  AND  CITIES. 

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

1.  Probation  Officers.  Amend  section  5  of  chapter  379  of 
the  Revised  Laws  as  amended  by  chapter  8  of  the  Laws  of 
1943  by  inserting  after  the  word  "towns"  in  line  five  the  words, 
and  cities,  and  by  striking  out  the  word  "five"  in  line  six  and 
inserting  in  place  thereof  the  word,  fifty,  so  that  said  section 
as  amended  shall  read  as  follows:  5.  Probation  Officers 
Selected  and  Assigned.  State  probation  officers  shall  be 
appointed  by  the  board  upon  recommendation  of  the  director 
from  a  list  found  qualified  by  the  board.  Such  officers  shall  be 
assigned  to  and  reside  in  counties  or  districts  of  the  state  to  be 
designated  by  the  board.  Municipal  courts  in  towns  and  cities 
having  a  population  of  over  fifty  thousand  shall  and  other 
courts  may  appoint  one  or  more  qualified  probation  officers  for 
their  respective  courts.  No  municipal  probation  officer  shall 
qualify  for  office  until  his  appointment  thereto  has  been 
approved  by  the  board  and  all  such  officers  shall  be  subject  to 
supervision  by  the  board  and  each  shall  hold  his  office  during 
the  pleasure  of  the  board. 

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

[Approved  May  12,  1949.] 


CHAPTER  197. 

AN  ACT  RELATIVE  TO  MOTORIZED  BICYCLES  OR  SCOOTERS. 

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

1.  Definition.  Amend  paragraph  XIII  of  section  1,  chapter 
115  of  the  Revised  Laws  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following:  XIII.  "Motorcycle" 
shall  include  motor  vehicles  having  but  two  wheels  in  contact 
with  the  ground  and  with   pedals   and   saddle  on   which   the 


1949]  Chapter  198  211 

driver  sits  astride,  and  also  motorized  bicycles  and  motor 
scooters  having  but  two  or  three  wheels  in  contact  with  the 
ground. 

2.  Motor  Cycle  Operation.  Amend  chapter  119  of  the  Re- 
vised Laws  by  adding  after  section  25  the  following  new 
section:  25-a.  Motor  Cycle.  No  person  operating  a  motor 
cycle  shall  permit  any  other  person  to  ride  on  said  motor  cycle 
unless  it  is  suitably  equipped  and  designed  to  safely  transport 
another  person. 

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

[Approved  May  18,  1949.] 


CHAPTER  198. 


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  three  million  dollars  is 
hereby  appropriated  for  the  purpose  of  the  construction  and 
reconstruction  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  three  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. 

3.  Form;  Proceeds  of  Sale.  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. 


212  Chapter  198  [1949 

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 
m  each  of  two  successive  calendar  weeks  in  a  newspaper  of 
general  circulation  in  New  Hampshire,  the  first  publication  be- 
ing not  less  than  thirty  days  prior  to  the  day  the  bids  will  be 
received,  and  (3)  to  the  highest  responsible  bidder.  Out  of 
the  proceeds  of  the  sale  of  said  bonds  or  notes  the  governor  is 
authorized  to  draw  his  warrants  for  the  sum  hereinbefore 
appropriated  for  the  purposes  of  this  act  alone. 

4.  Accounts.  The  secretary  of  state  shall  keep  an  account 
of  all  such  bonds  or  notes  countersigned  by  the  governor  show- 
ing the  number  and  amount  of  each  bond  or  note,  the  time  of 
countersigning,  the  time  when  payable,  and  the  date  of  de- 
livery to  the  treasurer.  The  treasurer  shall  keep  an  account 
of  each  bond  or  note,  showing  the  number  and  amount  thereof, 
the  name  of  the  person  to  whom  sold,  the  amount  received  for 
the  same,  the  date  of  the  sale,  and  the  time  when  payable. 

5.  Short-Term  Notes.  Prior  to  the  issuance  of  the  bonds 
hereunder,  and  in  anticipation  of  the  collection  of  revenue  here- 
under, the  treasurer,  under  the  direction  of  the  governor  and 
council,  may  for  the  purposes  hereof  borrow  money  from  time 
to  time  on  short-term  loans  to  be  refunded  by  the  issuance  of 
the  bonds  hereunder,  provided,  however,  that  at  no  one  time 
shall  the  indebtedness  of  the  state  on  such  short-term  loans 
exceed  the  sum  of  three  million  dollars. 

6.  Motor  Vehicle  Rotid  Toll.  Beginning  with  the  final 
payment  of  the  bonds  provided  for  by  chapter  41  of  the  Laws 
of  1929,  as  amended  by  chapter  151  of  the  Laws  of  1933, 
chapter  1,  Laws  of  1936,  section  11,  chapter  137,  Laws  of  1939 
and  chapter  239,  Laws  of  1947,  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 


1949]  Chapter  199  213 

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  the 
bonds  and  notes  provided  for  by  this  act.  To  the  extent  that 
said  funds  are  insufficient,  at  any  time,  to  pay  the  interest  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  payment  of  the 
bonds  and  notes  which  may  be  issued  under  the  authority  of 
this  act  the  governor  and  council  shall  forthwith  by  proc- 
lamation terminate  the  further  collection  of  the  additional 
motor  vehicle  road  toll  hereby  provided. 

7.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  18,  1949.] 


CHAPTER  199. 


AN  ACT  PROVIDING  FOR  THE  CLASSIFICATION  OF  CERTAIN  SURFACE 

WATER. 

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

1.  Classification.  On  and  after  the  effective  date  of  this 
act  the  following  surface  waters  shall  be  classified  in  accord- 
ance with  the  provisions  of  chapter  166-A  of  the  Revised  Laws 
as  inserted  by  chapter  183,  Laws  of  1947,  as  follows :  L  Saco 
River  and  its  tributaries,  in  the  towns  and  places  of  Bartlett, 
Bethlehem,  Livermore,  Hart's  Location,  Nash  and  Sawyer 
Location,  Bean's  Grant,  Cutt's  Grant,  New  Hampshire  State 
Forest  Reserve,  Sargent's  Purchase,  Chandler's  Purchase,  and 
Hadley's  Purchase,  from  their  sources  to  a  point  on  the  main 
stream  at  Hart's  Location — Bartlett  town  line,  Class  B-1. 

IL  Dry  Brook  and  an  unnamed  brook  and  their  tribu- 
taries, in  the  town  of  Albany,  both  brooks  being  used  as 
sources  of  supply  for  the  public  water  supply  system  for  the 
village  of  Conway,  from  their  sources  to  the  water  supply 
dams.  Class  A. 


214  Chapter  199  [1949 

III.  Swift  River  and  its  tributaries  located  in  the  towns 
of  Conway,  Albany,  Bartlett,  Waterville  and  Livermore,  except 
those  portions  of  Dry  Brook  and  an  unnamed  brook  given  in 
subsection  II  above,  from  their  sources  to  the  down  stream 
edge  of  the  Boston  and  Maine  Railroad  river  crossing  at  Con- 
way, Class  B-1. 

IV.  Wildcat  River  (or  Brook)  and  its  tributaries,  in 
Bean's  Purchase  and  the  town  of  Jackson,  from  their  sources 
to  the  confluence  with  the  Ellis  River,  Class  B-1. 

V.  Meserve  Brook  and  its  tributaries,  a  tributary  to  the 
Ellis  River,  in  the  town  of  Jackson,  from  their  sources  to  the 
lower  dam  of  the  Jackson  public  water  supply  system,  Class  A. 

VI.  Ellis  River  and  its  tributaries,  in  the  towns  and 
places  of  Bartlett,  Jackson,  Thompson  and  Meserve  Purchase, 
Sargent's  Purchase,  Pinkham's  Grant  and  Bean's  Purchase, 
except  those  portions  of  Meserve  Brook  provided  in  para- 
graph V  from  their  sources  to  the  confluence  with  the  Saco 
River,  Class  B-1. 

VII.  North  Branch  Gale  River  and  its  tributaries  located 
in  the  towns  of  Bethlehem,  and  Franconia,  from  their  sources 
to  the  intake  dam  of  the  Littleton  public  water  supply  system, 
Class  A. 

VIII.  South  Branch  Gale  River  and  its  tributaries  located 
in  the  town  of  Franconia  from  their  sources  to  the  intake  dam 
of  the  Bethlehem  public  water  supply  system.  Class  A. 

IX.  Gale  River  and  its  tributaries  located  in  the  towns 
of  Bethlehem,  Franconia,  Lincoln,  Easton,  and  Lisbon,  except 
those  portions  of  the  North  Branch  Gale  River  and  the  South 
Branch  Gale  River  provided  in  paragraphs  VII  and  VIII,  from 
their  sources  to  the  confluence  with  the  Ammonoosuc  River, 
Class  B-1. 

X.  Boyce  Brook  and  its  tributaries  located  in  the  town  of 
Lincoln  from  their  sources  to  the  intake  dam  of  the  Lincoln 
public  water  supply  system.  Class  A. 

XI.  Pemigewasset  (Middle  Branch)  River  and  its  tribu- 
taries located  in  the  towns  of  Woodstock,  Lincoln  and  Fran- 
conia, except  those  portions  of  Boyce  Brook  provided  in  para- 
graph X,  from  their  sources  to  the  dam  on  the  main  stream 
immediately  above  North  Woodstock  Village,  Class  B-1. 

XII.  Loon  Pond,  Little  Loon  Pond  and  Loon  Pond  Brook 
and  their  tributaries  in  the  town  of  Lincoln,  from  their  sources 


1949]  Chapter  199  215 

to  the  intake  dam  of  the  Lincoln  pubhc  water  supply  system, 
Class  A. 

XIII.  East  Branch  Pemigewasset  River  and  its  tribu- 
taries located  in  the  towns  of  Lincoln,  Franconia  and  Bethle- 
hem, from  their  sources  to  the  Marcalus  Manufacturing  Com- 
pany's dam  located  on  the  main  stream  approximately  two  and 
four  tenths  miles  upstream  from  the  Lincoln- Wood  stock  town 
line,  Class  B-1. 

XIV.  Peabody  River  and  its  tributaries  located  in  the 
towns  and  places  of  Shelburne,  Gorham,  Bean's  Purchase,  Mar- 
tin's Location,  Green's  Grant,  Randolph,  Pinkham's  Grant, 
Sargent's  Purchase,  Thompson  and  Meserve's  Purchase,  and 
Low  and  Burbank's  Grant,  from  their  sources  to  the  National 
Forestry  boundary  line,  to  a  point  located  approximately  one 
and  seventy-five  one  hundredths  miles  from  the  confluence  with 
the  Androscoggin  River,  Class  B-1. 

XV.  Wild  River  and  its  tributaries,  in  the  towns  and 
place  of  Shelburne,  Bean's  Purchase  and  Jackson,  from  their 
sources  to  the  Maine-New  Hampshire  state  boundary  line. 
Class  B-1. 

XVI.  Swift  Diamond  and  Dead  Diamond  Rivers  and  their 
tributaries,  in  the  towns  and  places  of  Stewartstown,  Cole- 
brook,  Clarksville,  Dixville,  Dix's  Grant,  Wentworth's  Location, 
Second  College  Grant,  Pittsburg  and  Atkinson  and  Gilman 
Academy  Grant,  from  their  sources  to  the  confluence  with  the 
Magalloway  River,  Class  B-1. 

XVII.  Moose  River  and  its  tributaries,  in  the  towns  and 
places  of  Randolph,  Gorham,  Low  and  Burbank's  Grant  and 
Thompson  and  Meserve's  Purchase,  from  their  sources  to  the 
down  stream  side  of  the  state  highway  bridge  located  on  U.  S. 
Route  2  in  Gorham  Upper  Village,  Class  B-1. 

XVIII.  Moose  Brook  and  its  tributaries  located  in  the 
towns  of  Randolph  and  Gorham,  from  their  sources  to  the  east- 
erly boundary  of  the  Moose  Brook  State  Park,  Class  B-1. 

XIX.  Mill  Brook  and  its  tributaries  located  in  Kilkenny 
and  the  town  of  Stark,  from  their  sources  to  the  confluence 
with  the  Upper  Ammonoosuc  River,  Class  B-1. 

XX.  Nash  Stream  and  its  tributaries  in  the  towns  of 
Columbia,  Stratford,  Odell  and  Stark,  from  their  sources  to  the 
confluence  with  the  Upper  Ammonoosuc  River,  Class  B-1. 


216  Chapter  199  [1949 

XXI.  Phillips  Brook  and  its  tributaries,  in"  the  towns  and 
places  of  Erving's  Grant,  Millsfield,  Dixville,  Columbia,  Odell, 
Dummer  and  Stark,  from  their  sources  to  the  confluence  with 
the  Upper  Ammonoosuc  River,  Class  B-1. 

XXII.  Upper  Ammonoosuc  River  and  its  tributaries,  in 
the  towns  and  places  of  Stark,  Dummer,  Milan,  Kilkenny, 
Berlin  and  Randolph,  from  their  sources  to  the  confluence  with 
Phillips  Brook,  Class  B-1. 

XXIII.  Indian  River  or  Stream  and  its  tributaries  in  the 
town  of  Pittsburg,  from  their  sources  to  the  confluence  with 
the  Connecticut  River,  Class  B-1. 

XXIV.  Perry  Stream  and  its  tributaries,  in  the  town  of 
Pittsburg,  from  their  sources  to  the  confluence  with  the  Con- 
necticut River,  Class  B-1. 

XXV.  Beebe  River  and  its  tributaries,  in  the  towns  of 
Campton,  Holderness  and  Sandwich,  from  their  sources  to  the 
down  stream  side  of  the  concrete-arched  highway  bridge  on 
the  eastside  river  road  in  Campton  Hollow,  Class  B-1. 

XXVI.  Mad  River  and  its  tributaries,  in  the  towns  of 
Campton,  Sandwich,  Thornton,  Waterville,  and  Livermore, 
from  their  sources  to  the  outlet  of  Campton  Pond,  Class  B-1. 

XXVII.  Winter  Brook  and  its  tributaries  in  the  town  of 
Campton,  from  their  sources  to  the  intake  dam  of  the  Campton 
public  water  supply  system.  Class  A. 

XXVIII.  Moosilaukee  Brook  and  its  tributaries,  in  the 
town  of  Woodstock,  from  their  sources  to  the  confluence  with 
Gordon  Pond  Brook,  Class  B-1. 

XXIX.  Gordon  Pond  Brook  and  its  tributaries,  in  the 
towns  of  Woodstock  and  Lincoln,  from  their  sources  to  the  in- 
take dam  of  the  North  Woodstock  public  water  supply  system, 
Class  A. 

XXX.  Zealand  River  and  its  tributaries,  in  the  town  of 
Bethlehem,  from  their  sources  to  the  intake  dam  of  the  Beth- 
lehem public  water  supply  system,  Class  A. 

XXXI.  Little  River  and  its  tributaries,  in  the  towns  of 
Bethlehem,  Livermore,  and  Franconia,  from  their  sources  to 
the  intake  dam  of  the  Twin  Mountain  public  supply  system. 
Class  A. 

XXXII.  Ammonoosuc  River  and  its  tributaries,  in  the 
towns  and  places  of  Bethlehem,  Carroll,  Low  and  Burbank's 
Grant,  Thompson  and   Meserve's   Purchase,    Chandler's   Pur- 


1949]  Chapter  199  217 

chase,  Bean's  Grant,  Sargent's  Purchase,  Crawford's  Purchase, 
Nash  and  Sawyer's  Location  and  New  Hampshire  State  Forest 
Reserve,  except  those  portions  given  in  paragraph  XXX  and 
XXXI,  from  their  sources  to  the  down  stream  side  of  Pierce 
Bridge  in  the  town  of  Bethlehem,  Class  B-1.  Any  order  for 
abatement  of  pollution  in  the  streams  mentioned  in  this  para- 
graph shall  be  deemed  to  be  complied  with  if  the  pollution  is 
abated  in  a  period  of  fifteen  years  from  the  date  of  order,  any- 
thing to  the  contrary  in  paragraph  11  of  section  7,  chapter 
166-A  of  the  Revised  Laws  notwithstanding. 

2.  Duties  of  the  Commission.  Amend  paragraph  VI  of 
section  4,  chapter  166-A  of  the  Revised  Laws  as  inserted  by 
chapter  183  of  the  Laws  of  1947  by  adding  at  the  end  thereof 
the  following  new  sentence.  Those  who  have  already  incurred 
expense  in  order  to  comply  with  a  classification  adopted  by  the 
legislature  or  made  under  section  9  hereof,  shall  be  equally 
eligible  to  receive  any  federal  or  other  moneys  with  those  who 
have  not  incurred  but  who  are  required  to  incur  expense  by 
reason  of  any  such  classification,  so  that  said  paragraph  as 
amended  shall  read:  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  desig- 
nated to  receive  or  to  make  agreements  on  behalf  of  the  state 
for  any  federal  or  other  moneys  as  may  be  allotted  for  such 
purposes.  Those  who  have  already  incurred  expense  in  order 
to  comply  with  a  classification  adopted  by  the  legislature  or 
made  under  section  9  hereof,  shall  be  equally  eligible  to  receive 
any  federal  or  other  moneys  with  those  who  have  not  incurred 
but  who  are  required  to  incur  expense  by  reason  of  any  such 
classification. 

3.  Procedure  Under  Pollution  Act.  Amend  paragraph  I, 
section  7,  chapter  166-A  of  the  Revised  Laws  as  inserted  by 
chapter  183  of  the  Laws  of  1947  by  adding  at  the  end  thereof 
the  following  new  sentence,  In  any  instance  when  the  commis- 
sion shall  set  a  time  limit  for  abatement  of  pollution  under 
paragraph  II,  there  shall  be  no  prosecutions  under  this  para- 
graph until  after  such  time,  limit  shall  have  expired,  so  that 
said  paragraph  as  amended  shall  read  as  follows:  I.  After 
adoption  of  a  given  classification  for  a  stream,  lake,  pond,  tidal 


218  Chapter  199  [1949 

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  along  or  in 
conjunction  with  any  other  person  or  persons,  in  such  a  man- 
ner as  will  lower  the  quality  of  the  waters  of  the  stream,  lake, 
pond,  tidal  water,  or  section  thereof  below  the  minimum  re- 
quirements of  the  adopted  classification.  In  any  instance 
when  the  commission  shall  set  a  time  limit  for  abatement  of 
pollution  under  paragraph  II,  there  shall  be  no  prosecutions 
under  this  paragraph  until  after  such  time  limit  shall  have 
expired. 

4.  Extension  of  Time.  Amend  paragraph  II,  section  7,  of 
chapter  166-A  of  the  Revised  Laws  as  inserted  by  chapter  183 
of  the  Laws  of  1947  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  II.  If,  after  adoption  of 
a  classification  of  any  stream,  lake,  pond,  tidal  water,  or 
section  thereof,  including  those  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  mini- 
mum requirements  of  the  classification  so  established,  the  per- 
son, or  persons  responsible  for  the  discharging  of  such  pollu- 
tion shall  be  required  to  abate  such  pollution,  within  a  time 
to  be  fixed  by  the  commission.  If  such  pollution  be  of  muni- 
cipal or  industrial  origin,  the  time  limit  set  by  the  commission 
for  such  abatement  shall  be  not  less  than  two  years  nor  more 
than  five  years.  For  good  cause  shown  the  commission  may 
from  time  to  time  extend  any  time  limit  established  under 
this  paragraph.  Orders  of  the  commission  establishing  or  ex- 
tending time  limits  or  refusing  to  do  so  shall  be  subject  to 
appeal  as  provided  in  section  12, 

5.  Application  to  Court.  Amend  chapter  166-A  of  the  Re- 
vised Laws  as  inserted  by  chapter  183  of  the  Laws  of  1947  by 
inserting  after  section  7  the  following  new  section:  7-a. 
Variances.  Within  six  months  after  adoption  of  a  given  classi- 
fication by  the  legislature,  any  person  chargeable  with  the  re- 
sponsibility of  abating  pollution  as  a  result  of  such  classi- 
fication may  apply  to  the  superior  court  in  and  for  the 
county  in  which  such  pollution  is  occurring  by  sworn 
petition  praying  for  a  variance  in  such  classification  as 
applied    to    his    specific    case.      In    such    petition    the    state 


1949]  Chapter  200  219 

shall  be  named  as  defendant  and  service  shall  be  made  on  the 
attorney  general.  After  hearing"  the  court  may  enter  a  decree 
authorizing  such  variance  from  the  classification  in  the  specific 
case  before  it  as  will  not  be  contrary  to  the  public  interest, 
giving  consideration  to  the  pubhc  advantages  that  will  accrue 
from  such  abatement,  the  financial  hardship  to  the  petitioner 
occasioned  by  such  abatement,  and  such  other  conditions  as 
may  lead  the  court  to  believe  that  the  literal  enforcement  of 
the  classification  will  result  in  substantial  injustice  to  the 
petitioner  unless  such  variance  is  granted. 

6.     Takes   Effect.       This    act    shall    take    effect   upon   its 
passage. 
[Approved  May  18,  1949.] 


CHAPTER  200. 


AN  ACT  RELATING  TO  INSURERS  NOT  AUTHORIZED  TO  TRANSACT 
BUSINESS  IN  THIS  STATE. 

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

1.     Amendment.     Amend  the  Revised  Laws  by  inserting 
after  chapter  325  the  following  new  chapter  : 

Chapter  325-A. 

1.  Purpose  of  Act.  The  purpose  of  this  act  is  to  subject 
certain  insurers  to  the  jurisdiction  of  courts  of  this  state  in 
suits  by  or  on  behalf  of  insureds  or  beneficiaries  under  insur- 
ance contracts. 

2.  Service  of  Process  Upon  Unauthorized  Insurer.  I. 
Any  of  the  following  acts  in  this  state,  effected  by  mail  or 
otherwise,  by  an  unauthorized  foreign  or  alien  insurer:  (a) 
the  issuance  or  delivery  of  contracts  of  insurance  to  residents 
of  this  state  or  to  corporations  authorized  to  do  business  there- 
in, (b)  the  solicitation  of  applications  for  such  contracts,  (c) 
the  collection  of  premiums,  membership  fees,  assessments  or 
other  considerations  for  such  contracts,  or  (d)  any  other 
transaction  of  business,  is  equivalent  to  and  shall  constitute  an 
appointment  by  such  insurer  of  the  insurance  commissioner 
and  his  successor  or  successors  in  office,  to  be  its  true  and  law- 


220  Chapter  200  [1949 

ful  attorney,  upon  whom  may  be  served  all  lawful  process  in 
any  action,  suit  or  proceeding  instituted  by  or  on  behalf  of  an 
insured  or  beneficiary  arising  out  of  any  such  contracts  of  in- 
surance, and  any  such  act  shall  be  signification  of  its  agree- 
ment that  such  service  of  process  is  of  the  same  legal  force  and 
validity  as  personal  service  of  process  in  this  state  upon  such 
insurer. 

II.  Such  service  of  process  shall  be  made  by  delivering  to 
and  leaving  with  the  insurance  commissioner  or  some  person 
in  apparent  charge  of  his  office  two  copies  thereof  and  the  pay- 
ment to  him  of  a  fee  of  two  dollars.  The  insurance  commis- 
sioner shall  forthwith  mail  by  registered  mail  one  of  the  copies 
of  such  process  to  the  defendant  at  its  last  known  principal 
place  of  business,  and  shall  keep  a  record  of  all  process  so 
served  upon  him.  Such  service  of  process  is  sufficient,  pro- 
vided notice  of  such  service  and  a  copy  of  the  process  are  sent 
within  ten  days  thereafter  by  registered  mail  by  plaintiff  or 
plaintiff's  attorney  to  the  defendant  at  its  last  known  principal 
place  of  business,  and  the  defendant's  receipt,  or  receipt  issued 
by  the  post  office  with  which  the  letter  is  registered,  showing 
the  name  of  the  sender  of  the  letter  and  the  name  and  address 
of  the  person  to  whom  the  letter  is  addressed,  and  the  affidavit 
of  the  plaintiff  or  plaintiff's  attorney  showing  a  compliance 
herewith  are  filed  with  the  clerk  of  the  court  in  which  such 
action  is  pending  on  or  before  the  date  the  defendant  is  re- 
quired to  appear,  or  within  such  further  time  as  the  court  may 
allow. 

III.  Service  of  process  in  any  such  action,  suit  or  pro- 
ceeding shall  in  addition  to  the  manner  provided  in  sub- 
division II  of  this  section  be  valid  if  served  upon  any  person 
within  this  state  who,  in  this  state  on  behalf  of  such  insurer  is 
(a)  soliciting  insurance;  (b)  making,  issuing  or  delivering  any 
contract  of  insurance ;  (c)  collecting  or  receiving  any  premium, 
membership  fee,  assessment  or  other  consideration  for  insur- 
ance; and  a  copy  of  such  process  is  sent  within  ten  days  there- 
after by  registered  mail  by  the  plaintiff  or  plaintiff's  attorney 
to  the  defendant  at  the  last  known  principal  place  of  business 
of  the  defendant,  and  the  defendant's  receipt  or  the  receipt 
issued  by  the  post  office  with  which  the  letter  is  registered, 
showing  the  name  of  the  sender  of  the  letter  and  the  name 
and  address  of  the  person  to  whom  the  letter  is  addressed, 


1949]  Chapter  200  221 

and  the  affidavit  of  the  plaintiff  or  plaintiff's  attorney  showing 
a  compliance  herewith  are  filed  with  the  clerk  of  the  court  in 
which  such  action  is  pending  on  or  before  the  date  the  defend- 
ant is  required  to  appear,  or  within  such  further  time  as  the 
court  may  allow. 

IV.  No  plaintiff  or  complainant  shall  be  entitled  to  a 
judgment  by  default  under  this  section  until  the  expiration  of 
thirty  days  from  date  of  the  filing  of  the  affidavit  of  com- 
pliance. 

V.  Nothing  in  this  section  contained  shall  Umit  or 
abridge  the  right  to  serve  any  process,  notice  or  demand  upon 
any  insurer  in  any  other  manner  now  or  hereafter  permitted 
by  law. 

3.  Defense  of  Action  by  Unauthorized  Insurer.  I.  Be- 
fore any  unauthorized  foreign  or  ahen  insurer  shall  file  or 
cause  to  be  filed  any  pleading  in  any  action,  suit  or  proceeding 
instituted  against  it,  such  unauthorized  insurer  shall  either 
(a)  deposit  with  the  clerk  of  the  court  in  which  such  action, 
suit  or  proceeding  is  pending  cash  or  securities  or  file  with 
such  clerk  a  bond  with  good  and  sufficient  sureties,  to  be 
approved  by  the  court,  in  an  amount  to  be  fixed  by  the  court 
sufficient  to  secure  the  payment  of  any  final  judgment  which 
may  be  rendered  in  such  action,  provided,  however,  that  the 
court  may  in  its  discretion  make  an  order  dispensing  with  such 
deposit  or  bond  where  the  insurer  makes  a  showing  satis- 
factory to  such  court  that  it  maintains  in  a  state  of  the  United 
States  funds  or  securities,  in  trust  or  otherwise,  sufficient  and 
available  to  satisfy  any  final  judgment  which  may  be  entered 
in  such  action,  suit  or  proceeding;  or  (b)  procure  a  certificate 
of  authority  to  transact  the  business  of  insurance  in  this  state. 

II.  The  court  in  any  action,  suit  or  proceeding,  in  which 
service  is  made  in  the  manner  provided  in  paragraphs  II  or  III 
of  section  2,  may,  in  its  discretion,  order  such  postponement  as 
may  be  necessary  to  afford  the  defendant  reasonable  oppor- 
tunity to  comply  with  the  provisions  of  paragraph  I  of  this 
section  and  to  defend  such  action. 

III.  Nothing  in  paragraph  I  of  this  section  is  to  be  con- 
strued to  prevent  an  unauthorized  foreign  or  alien  insurer  from 
filing  a  motion  to  quash  a  writ  or  to  set  aside  service  thereof 
made  in  the  manner  provided  in  paragraphs  II  or  III  of  sec- 
tion 2  hereof  on  the  ground  either  (a)  that  such  unauthorized 


222  Chapter  200  [1949 

insurer  has  not  done  any  of  the  acts  enumerated  in  paragraph  I 
of  section  2,  or  (b)  that  the  person  on  whom  service  was  made 
pursuant  to  paragraph  III  of  section  2  was  not  doing  any  of 
the  acts  therein  enumerated. 

4.  Attorney  Fees.  In  any  action  against  an  unauthor- 
ized foreign  or  ahen  insurer  upon  a  contract  of  insurance  issued 
or  delivered  in  this  state  to  a  resident  thereof  or  to  a  corpo- 
ration authorized  to  do  business  therein,  if  the  insurer  has 
failed  for  thirty  days  after  demand  prior  to  the  commence- 
ment of  the  action  to  make  payment  in  accordance  with  the 
terms  of  the  contract,  and  it  appears  to  the  court  that  such 
refusal  was  vexatious  and  without  reasonable  cause,  the  court 
may  allow  to  the  plaintiff  a  reasonable  attorney  fee  and  in- 
clude such  fee  in  any  judgment  that  may  be  rendered  in  such 
action.  Such  fee  shall  not  exceed  twelve  and  one-half  per 
cent  of  the  amount  which  the  court  or  jury  finds  the  plaintiff 
is  entitled  to  recover  against  the  insurer,  but  in  no  event  shall 
such  fee  be  less  than  twenty-five  dollars.  Failure  of  an  in- 
surer to  defend  any  such  action  shall  be  deemed  prima  facie 
evidence  that  its  failure  to  make  payment  was  vexatious  and 
without  reasonable  cause. 

5.  Exceptions.  The  provisions  of  this  act  shall  not  apply 
to  any  action,  suit  or  proceeding  against  any  non-admitted 
foreign  or  alien  insurer  arising  out  of  any  contract  of  insurance 
(a)  affected  in  accordance  with  section  25  of  chapter  325,  Title 
XXVII  of  the  Revised  Laws  of  New  Hampshire,  or  (b)  cover- 
ing ocean  marine,  aircraft  or  railway  insurance  risks,  or  (c) 
against  legal  liability  arising  out  of  the  ownership,  operation 
or  maintenance  of  any  property  having  a  permanent  situs  out- 
side this  state,  or  (d)  against  loss  of  or  damage  to  any  prop- 
erty having  a  permanent  situs  outside  this  state,  where  such 
contract  of  insurance  contains  a  provision  designating  the  com- 
missioner and  his  successor  or  successors  in  office  to  be  the 
true  and  lawful  attorney  of  such  non-admitted  insurer  upon 
whom  may  be  served  all  lawful  process  in  any  action,  suit  or 
proceeding  instituted  by  or  on  behalf  of  an  insured  or  bene- 
ficiary arising  out  of  any  such  contract  of  insurance  or  where 
the  insurer  enters  a  general  appearance  in  any  such  action, 
suit  or  proceeding. 

6.  Constitutionality.  If  any  provision  of  this  act  is  de- 
clared unconstitutional  or  the  application  thereof  to  any  per- 


1949]  Chapter  201  223 

son  or  corporation  is  held  invalid,  the  validity  of  the  remainder 
of  the  act  and  the  application  of  such  provision  to  other  persons 
or  corporations  and  circumstances  shall  not  be  affected 
thereby. 

7.     Short  Title.     This  act  may  be  cited  as  the  Unauthor- 
ized Insurers  Process  Act. 

2.     Takes    Eflfect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  18,  1949.] 


CHAPTER  201. 


AN    ACT    RELATIVE    TO    UNEMPLOYMENT    COMPENSATION 
ADJUSTMENTS  AND  REFUNDS. 

Be  it  enacted  by  the  S'enate  and  House  of  Representatives  in 
General  Court  convened: 

1.  Adjustments  and  Refunds,  Amend  subsection  F, 
section  11  of  chapter  218  of  the  Revised  Laws,  as  amended  by 
section  22,  chapter  138  of  the  Laws  of  1945,  by  striking  out 
the  whole  of  the  same  and  inserting  in  place  thereof  the  follow- 
ing: F.  Adjustments  and  Refunds.  If  not  later  than  three 
years  from  the  last  day  of  the  period  with  respect  to  which  a 
payment  of  any  contributions  or  interest  thereon  was  made, 
or  one  year  from  the  date  on  which  such  payment  was  made, 
whichever  shall  be  the  later,  an  employing  unit  or  employer 
who  has  paid  such  contribution  or  interest  thereon,  shall  make 
application  for  an  adjustment  thereof  in  connection  with  sub- 
sequent contribution  payments,  or  for  a  refund  thereof  because 
such  adjustment  cannot  be  made,  and  the  commissioner  shall 
determine  that  such  contributions  or  interest  or  any  portion 
thereof  was  erroneously  collected,  the  commissioner  shall  allow 
such  employing  unit  or  employer  to  make  an  adjustment  there- 
of, without  interest,  in  connection  with  subsequent  contri- 
bution payments  by  him,  or  if  such  adjustment  cannot  be  made, 
the  commissioner  shall  refund  said  amount,  without  interest, 
from  the  fund,  unless  such  payments  are  to  be  refunded  from 
the  contingent  fund  as  provided  in  section  10-C.  For  like 
cause  and  within  the  same  period,  adjustment  or  refund  may 
be  so  made  on  the  commissioner's  own  initiative.     Nothing  in 


224  Chapter  202  [I94i> 

this  chapter  or  in  any  part  thereof,  shall  be  construed  to 
authorize  any  refund  or  credit  of  moneys  due  and  payable 
under  the  law  and  regulations  in  effect  at  the  time  such  moneys 
were  paid. 

2.     Takes   Effect.      This    act   shall    take    effect    upon    its 
passage. 
[Approved  May  18,  1949.] 


CHAPTER  202. 


AN  ACT  PROVIDING  FOR  AN  INCREASE  IN  THE  AMOUNT  OF  WEEKLY 
COMPENSATION  UNDER  THE  WORKMEN'S  COMPENSATION 

LAW. 

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

1.  Workmen's  Compensation.  Amend  section  20  of  chapter 
216  of  the  Revised  Laws  as  inserted  by  chapter  266  of  the 
Laws  of  1947  and  as  amended  by  chapter  152  of  the  Laws  of 
1949  by  striking  out  the  word  "twenty-five"  in  the  seventh 
line  and  inserting  in  place  thereof  the  word,  thirty,  so  that 
said  section  as  amended  shall  read:  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  compensation  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  thirty 
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. 

L  In  all  cases  where  compensation  is  payable  to  a  widow 
or  widower  for  the  benefit  of  herself  or  himself  and  dependent 
child  or  children,  the  commissioner  of  labor  shall  have  power 
to  determine  in  his  discretion  what  portion  of  the  compen- 
sation shall  be  applied  for  the  benefit  of  any  such  child  or 
children  and  may  order  the  same  paid  to  a  guardian. 

11.  In  the  case  of  remarriage  of  a  widow  without  de- 
pendent children  compensation  payments  shall  cease. 


1949]  Chapter  202  225 

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  de- 
pendency. 

IV.  If  the  deceased  employee  leaves  no  dependents,  the 
employer  shall  pay  the  expenses  of  burial  not  exceeding  three 
hundred  dollars. 

2.  Benefits  Increased.  Amend  section  21  of  chapter  216  of 
the  Revised  Laws  as  inserted  by  chapter  266  of  the  Laws  of 
1947  by  striking  out  the  word  "twenty-five"  in  the  eighth  line 
and  inserting  in  place  thereof  the  word,  thirty,  so  that  said 
section  as  amended  shall  read:  21.  Compensation  for 
Temporaiy  Total  Disability.  Where  the  injury  causes  total 
disability  for  work  at  any  gainful  occupation  the  employer, 
during  such  disability,  but  not  including  the  first  seven  days 
thereof,  unless  such  disabiUty  continues  for  seven  days  or 
longer,  shall  pay  the  injured  employee  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  thirty  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  disability  ends  nor  longer  than  three 
hundred  weeks,  and  in  case  the  total  disability  begins  after  a 
period  of  partial  disability,  the  period  of  partial  disability  shall 
be  deducted  from  such  total  period  of  three  hundred  weeks. 

3.  Change  in  Amount.  Amend  section  28  of  chapter  216 
of  the  Revised  Laws  as  inserted  by  chapter  266  of  the  Laws  of 
1947  by  striking  out  the  word  "twenty-five"  in  the  fourth  line 
and  inserting  in  place  thereof  the  word,  thirty,  so  that  said 
section  as  amended  shall  read:  28.  Maximum  Benefits.  In 
no  case,  except  as  provided  in  sections  20,  22,  24  and  27,  shall 
the  weekly  compensation  payable  under  this  chapter  exceed 
sixty-six  and  two-thirds  per  cent  of  the  average  weekly 
wages,  or  exceed  thirty  dollars  per  week  in  amount,  nor  shall 
the  total  compensation  exceed  the  sum  of  seventy-five  hundred 
dollars;  nor  shall  any  payments  extend  over  a  period  of  more 
than  three  hundred  weeks  from  the  date  of  the  injury. 


226  Chapter  203  [1949 

4.     Takes  Effect.     This  act  shall  become  effective  July  1, 
1949. 
[Approved  May  18,  1949.] 


CHAPTER  203. 

AN  ACT  ESTABLISHING  DISTRICT  DEPARTMENTS  OF  HEALTH. 

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

1.  Authority  Granted.  Any  town  by  vote  at  town  meeting 
and  any  city  by  vote  of  the  city  councils  may  unite  with  any 
other  town  or  city  to  form  a  district  department  of  health. 
The  affairs  of  any  such  district  department  of  health  shall  be 
managed  by  a  board  as  hereinafter  provided. 

2.  Board.  The  selectmen  of  each  town  and  the  city  coun- 
cils of  each  city,  which  has  so  voted  to  become  a  part  of  any 
such  district,  shall  appoint  annually  two  persons  to  be  members 
of  such  board.  Provided  that  any  town  or  city  having  a 
population  of  more  than  five  thousand  inhabitants,  as  de- 
termined by  the  last  completed  United  States  census,  shall  be 
entitled  to  one  additional  representative  on  said  board  for  each 
five  thousand  population  or  part  thereof. 

3.  Organization.  Each  board  annually  shall  elect  a  chair- 
man and  a  district  treasurer  and  shall  determine  the  relative 
amount  of  service  to  be  performed  in  each  town  or  city  within 
the  district  by  persons  employed  by  the  board  and  shall  furnish 
the  necessary  offices  and  equipment  to  enable  it  to  carry  out 
its  duties.  The  fiscal  year  of  each  district  department  of 
health  shall  be  from  July  first  to  June  thirtieth  and,  during  the 
month  of  June  in  each  year,  the  board  shall  estimate  the 
amount  of  money  required  to  pay  the  costs  and  expenses  of  the 
district  during  the  ensuing  fiscal  year, 

4.  Payments.  From  time  to  time  the  board  shall  draw 
upon  the  treasurer  of  each  town  or  city  within  the  district  for 
such  funds  as  may  have  been  apportioned  to  each  to  pay  the 
costs  of  operating  the  district.  Such  apportionment  shall  be 
based  upon  the  population  of  the  towns  and  cities  in  the 
district. 


1949]  Chapter  203  227 

5.  Health  Officer.  The  board  shall  appoint  some  discreet 
person,  possessing  the  qualifications  hereinafter  specified,  to  be 
health  officer  for  such  district.  If  the  district  health  officer 
shall  not  be  elected  within  sixty  days  from  the  formation  of 
any  such  district,  or  in  case  a  vacancy  in  said  office  shall  con- 
tinue to  exist  for  sixty  days  or  more,  such  officer  shall  be 
appointed  by  the  state  board  of  health.  Upon  the  appointment 
of  a  health  officer  under  the  provisions  of  this  section,  the 
terms  of  office  of  the  health  officers  of  the  towns  or  cities  form- 
ing such  district  shall  terminate. 

6.  Qualificatioins  for  District  Health  Officer.  The  district 
health  officer  shall  be  a  doctor  of  medicine  and  hold  a  degree  in 
public  health  as  a  result  of  having  at  least  one  year's  special 
training  in  public  health  or,  in  lieu  of  said  degree,  shall  meet 
the  qualifications  prescribed  by  the  state  department  of  health. 
He  shall  serve  during  good  behavior  and  be  removed  only  for 
cause  after  a  public  hearing  by  the  board  on  charges  preferred 
of  which  reasonable  notice  shall  have  been  given.  He  shall 
devote  his  entire  time  to  the  performance  of  such  duties  as 
are  required  of  health  officers  by  the  general  laws  of  the  state 
and  as  the  board  shall  determine  and  shall  act  as  secretary  of 
the  board  provided  he  shall  not  have  a  right  to  vote. 

7.  District  Treasurer.  The  district  treasurer  shall  dis- 
burse the  money  received  from  the  towns  and  cities  in  the  dis- 
trict and  from  other  sources  upon  warrants  approved  by  a 
majority  of  the  board  and  signed  by  the  chairman  and  secre- 
tary. The  treasurer  shall  give  bond  to  the  district  for  the 
faithful  performance  of  his  duties  as  treasurer  in  such  sums 
and  upon  such  conditions  as  the  board  may  require. 

8.  Employees.  The  district  health  ofl[icer  shall  be  the 
executive  officer  of  the  district  department  of  health  and  shall 
appoint  all  necessary  assistants  or  clerks  subject  to  the 
approval  of  the  board.  Such  employees  shall  preform  such 
duties  as  shall  be  prescribed  by  the  district  health  officer  and 
receive  such  compensation  as  shall  be  fixed  by  the  board. 

9.  Appropriations.  Any  town,  or  city  councils  of  any  city, 
at  any  legal  meeting,  may  grant  and  vote  such  sums  of  money 
as  it  shall  judge  necessary  for  the  purpose  of  paying  the 
apportionment  of  said  town  or  city  as  a  member  of  any  dis- 
trict department  of  health. 


228  Chapter  204  [1949 

10.  Withdi-awal  From  District.  Any  town  or  the  city- 
council  of  any  city,  which  has  voted  to  unite  with  another  town 
or  city  to  form  a  district  department  of  health,  may  vote  to 
withdraw  from  the  district.  Such  withdrawal  shall  not  be- 
come effective  until  the  first  day  of  July  following  such  vote  of 
withdrawal. 

11.  Additional  Funds.  Any  district  department  of  health 
organized  hereunder  is  authorized  to  use  any  additional  funds 
which  the  state  department  of  health  may  secure  from  federal 
agencies  or  other  official  agencies  and  which  it  may  allot  to 
such  district  department  of  health. 

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

[Approved  May  20,  1949.] 


CHAPTER  204. 


AN  ACT  RELATING  TO  OPERATION  OF  MOTOR  VEHICLES  WHILE 
UNDER  THE  INFLUENCE  OF  INTOXICATING  LIQUOR. 

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

1.  Opei-ation  of  Motor  Vehicles.  Amend  chapter  118  of  the 
Revised  Laws  by  adding  thereto  the  following  new  section: 
16-a.  Evidence  of  Intoxication.  Upon  complaint,  information, 
indictment  or  trial  of  any  person  charged  with  the  violation  of 
section  16,  the  court  may  admit  evidence  of  the  amount  of 
alcohol  in  the  defendant's  blood  at  the  time  alleged,  as  showTi 
by  a  chemical  analysis  of  his  breath,  urine,  or  other  bodily 
substance.  Evidence  that  there  was,  at  the  time  alleged,  five- 
hundredths  per  cent,  or  less,  by  weight  of  alcohol  in  his  blood, 
is  p7ima  facie  evidence  that  the  defendant  was  not  under  the 
influence  of  intoxicating  liquor.  Evidence  that  there  was,  at 
the  time  alleged,  from  five-hundredths  per  cent  to  fifteen- 
hundredths  per  cent  by  weight  of  alcohol  in  his  blood  is 
relevant  evidence  but  is  not  to  be  given  pinma  facie  effect  in  in- 
dicating whether  or  not  the  defendant  was  under  the  influence 
of  intoxicating  liquor,  but  such  fact  may  be  considered  with 
other  competent  evidence  in  determining  the  guilt  or  innocence 
of  the  defendant.  Evidence  that  there  was,  at  the  time  alleged, 


1949]  Chapter  205  229 

fifteen-hundredths  per  cent,  or  more,  by  weight  of  alcohol  in  his 
blood,  is  prima  facie  evidence  that  the  defendant  was  under  the 
influence  of  intoxicating  liquor.  The  foregoing  provisions  of 
this  section  shall  not  be  construed  as  limiting  the  introduction 
of  any  other  competent  evidence  bearing  upon  the  question 
whether  or  not  the  defendant  was  under  the  influence  of  in- 
toxicating liquor. 

2.     Takes    Effect.       This    act    shall    take    eft'ect    upon    its 
passage. 
[Approved  May  20,  1949.] 


CHAPTER  205. 


AN  ACT  RELATIVE  TO  NOTICES  REQUIRED  BY  INSURANCE  CARRIERS 

IN  CERTAIN  CASES  RELATING  TO  WORKMEN'S 

COMPENSATION. 

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

1.  Insurance  Carriers.  Amend  chapter  216  of  the  Revised 
Laws  as  interest  by  chapter  266  of  the  Laws  of  1947  by  insert- 
ing after  section  8  the  following  new  section:  8-a.  Notices 
Required  to  be  Filed.  L  A  policy  of  workmen's  compensation 
insurance  covering  the  liability  of  an  employer  under  the  pro- 
visions of  this  chapter  shall  not  be  cancelled  within  the  time 
limited  in  such  policy  for  its  expiration  until  at  least  thirty 
days  after  a  notice  of  intention  to  cancel  such  policy  on  a  date 
specified  in  such  notice  has  been  filed  in  the  office  of  the  com- 
missioner and  also  served  on  the  employer. 

IT.  An  insurance  carrier  who  does  not  intend  to  renew  a 
policy  of  workmen's  compensation  insurance  covering  the 
liability  of  an  employer  under  the  provisions  of  this  chapter, 
thirty  days  prior  to  the  expiration  of  such  policy  shall  give 
notice  of  such  intention  to  the  commissioner  of  labor  and  to  the 
covered  employer.  An  insurance  carrier  who  fails  to  give  such 
notice  shall  continue  the  policy  in  force  beyond  its  expiration 
date  for  thirty  days  from  the  day  such  notice  is  received  by  the 
commissioner.  Provided,  however,  that  this  latter  provision 
shall  not  apply  if  prior  to  such  expiration  date  the  insurance 
carrier  has  offered  to  continue  the  insurance  beyond  such  date 


230  Chapter  206  [1949 

by  delivery  of  a  renewal  contract  or  otherwise  or  if  the  em- 
ployer notifies  the  insurance  carrier  that  he  does  not  wish  the 
insurance  continued  beyond  such  expiration  date  or  if  the  em- 
ployer complies  with  the  provisions  of  paragraph  11  of  section  8 
on  or  before  the  expiration  date  of  the  existing  insurance  or 
if  the  employer  replaces  said  insurance  with  another  carrier. 

2.     Takes  Effect.     This  act  shall  become  effective  July  1, 
1949. 
[Approved  May  20,  1949.] 


CHAPTER  206. 

AN  ACT  RELATING  TO  REGISTRATION  OF  FOREIGN  CORPORATIONS. 

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

1.  New  Chapter.  Amend  chapter  280  of  the  Revised  Law^s 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following : 

Chapter  280 
Registration  of  Foreign  Corporations 
1.  Fee;  Appointment  of  Agent.  Every  foreign  corpo- 
ration (except  foreign  insurance  companies,  to  whom  this 
chapter  shall  not  apply,  and  except  holders  of  certificates  of 
approval  issued  under  the  provisions  of  sections  78  and  79  of 
chapter  170  of  Revised  Laws  and  corporations  otherwise 
specifically  required  to  register  with  and  consent  to  service  of 
process  upon  a  state  official)  desiring  to  do  business  in  this 
state,  shall  pay  a  registration  fee  of  twenty-five  dollars  and 
shall  pay  an  annual  maintenance  fee  of  twenty-five  dollars  pay- 
able to  the  secretary  of  state  on  the  first  business  day  of  Janu- 
ary following  the  date  of  registration  and  on  the  first  business 
day  of  each  January  thereafter,  and  continuously  maintain  in 
this  state 

(a)  a  registered  office  which  may  or  may  not  be  the  same 
as  its  place  of  business  in  this  state ;  and 

(b)  a  registered  agent,  which  agent  may  be  the  secretary 
of  state  and  his  successor  or  successors  in  office  or  an  in- 
dividual resident  in  or  a  corporation  authorized  to  do  business 


1949]  Chapter  206  231 

and  act  as  such  agent  in  this  state,  whose  office  is  identical  with 
such  registered  office. 

(c)  The  secretary  of  state  shall  in  December  each  year, 
notify  all  corporations  registered  hereunder  of  the  fees  to  be- 
come due  hereunder  on  the  first  business  day  of  the  January 
following;  and  shall  in  April  notify  all  corporations  who  may 
have  failed  to  pay  the  fees  required  hereunder. 

2.  Application  for  Certificate  of  Authority.  All  appli- 
cations of  foreign  corporations  for  authority  to  do  business  in 
this  state  shall  be  made  on  forms  prescribed  or  furnished  by 
and  filed  in  the  office  of  the  secretary  of  state,  shall  be  executed 
by  the  corporation  by  an  executive  officer,  under  the  seal  of  the 
corporation,  and  attested  by  the  clerk  or  secretary  or  assist- 
ant clerk  or  assistant  secretary  and  shall  set  forth 

(a)  the  name  of  the  corporation,  the  state  or  country 
under  the  laws  of  which  it  is  organized  and  the  post  office 
address,  with  street  and  number  if  any,  of  its  principal  office 
in  such  state  or  country ; 

(b)  a  statement  registering  an  office  and  agent  in  this 
state  and  the  address,  including  street  and  number  if  any,  of 
such  registered  office  in  this  state  and  the  name  of  such 
registered  agent  in  this  state  at  such  address;  and  shall  be 
accompanied  by 

(c)  a  true  copy  of  the  vote  authorizing  the  application 
and  registration  of  an  office  and  agent  in  this  state,  certified 
under  the  seal  of  the  corporation  by  its  clerk  or  secretary  or 
assistant  clerk  or  assistant  secretary,  which  certificate  shall 
show  that  said  vote  has  not  been  revoked  and  is  in  full  force 
and  effect.  On  compliance  with  the  provisions  of  this  section, 
the  secretary  of  state  shall  forthwith  issue  a  certificate  of 
authority  to  do  business  in  this  state.  Copies  of  applications 
and  all  certified  copies  of  votes  so  filed,  certified  by  the  secre- 
tary of  state,  shall  be  sufficient  evidence  thereof. 

3.  Change  of  Registration;  Fee.  A  foreign  corporation 
may  from  time  to  time  change  the  address  of  its  registered 
office  and  shall  change  its  registered  agent  if  the  office  of 
registered  agent  shall  become  vacant  for  any  reason  or  if  its 
registered  agent  becomes  disqualified  or  incapacitated  to  act 
or  if  it  revokes  the  appointment  of  its  registered  agent.  Such 
change  or  changes  shall  become  effective  when  such  corpo- 
ration shall  have  filed  in  the  office  of  the  secretary  of  state,  on 


232  Chapter  206  [1949 

forms  prescribed  or  furnished  by  him,  a  statement  signed  by 
an  executive  officer  of  the  corporation,  under  the  seal  of  the 
corporation,  and  attested  by  the  clerk  or  secretary  or  assistant 
clerk  or  assistant  secretary,  setting  forth 

(a)  the  name  of  the  corporation,  the  state  or  country 
under  the  laws  of  which  it  is  organized  and  the  post  office 
address,  with  street  and  number  if  any,  of  its  principal  office 
in  such  state  or  country ; 

(b)  the  address,  including  street  and  number  if  any,  of 
its  then  registered  office  in  this  state  and  the  name  and  identi- 
cal address  of  its  then  registered  agent ; 

(c)  if  the  address  of  its  registered  office  be  changed,  the 
address,  including  street  and  number  if  any,  to  which  the 
registered  office  is  changed; 

(d)  if  its  registered  agent  be  changed,  the  name  of  its 
successor  registered  agent,  and  such  agent's  address,  which 
shall  be  identical  with  the  address  of  its  registered  office  to  be 
thereafter  maintained;  and  shall  be  accompanied  by 

(e)  a  true  copy  of  the  vote  authorizing  the  change  or 
changes  of  registration,  certified  under  the  seal  of  the  corpo- 
ration by  its  clerk  or  secretary  or  assistant  clerk  or  assistant 
secretary,  which  certificate  shall  show  that  said  vote  has  not 
been  revoked  and  is  in  full  force  and  effect ;  and 

(f )  a  filing  fee  of  five  dollars. 

4.  Service  of  Process.  Service  of  process  in  any  suit, 
action  or  proceeding,  or  service  of  any  notice  or  demand  re- 
quired or  permitted  by  law  to  be  served  on  a  foreign  corpo- 
ration, may  be  made  on  such  corporation  as  otherwise  pro- 
vided by  law  or  by  service  thereof  on  the  registered  agent  of 
such  corporation.  Service  of  any  such  process  or  of  any  such 
notice  or  demand  upon  a  registered  agent  as  registered  agent 
may  be  made 

(a)  by  serving  a  copy  thereof  on  its  president,  a  vice 
president,  the  clerk,  the  secretary  or  an  assistant  clerk  or  an 
assistant  secretary,  if  such  registered  agent  is  a  corporation,  or 

(b)  by  leaving  an  attested  copy  of  such  process,  notice  or 
demand  in  the  registered  office  of  the  registered  agent  during 
regular  business  hours,  or 

(c)  as  otherwise  provided  by  law.  Whenever  any  foreign 
corporation  authorized  to  transact,  or  transacting  business  in 
this  state  shall  fail  to  appoint  or  maintain  in  this  state  a 


1949]  Chapter  206  233 

registered  agent  upon  whom  service  of  legal  process  or  service 
of  any  such  notice  or  demand  may  be  had,  or  whenever  service 
on  any  such  registered  agent  cannot  with  reasonable  diligence 
and  promptness  be  made  as  above  provided,  or  whenever  the 
certificate  of  authority  of  any  foreign  corporation  shall  be 
forfeited,  then  and  in  every  such  case  the  secretary  of  state 
shall  be  and  hereby  is  irrevocably  authorized  as  the  agent  and 
representative  of  such  foreign  corporation  to  accept  service  of 
any  process  or  service  of  any  notice  or  demand  required  or 
permitted  by  law  to  be  served  upon  such  corporation. 

5.  Service  on  Secretary  of  State.  If  service  is  made  on 
the  secretary  of  state  under  this  chapter, 

(a)  service  shall  be  made  by  leaving  a  copy  of  the  process, 
notice  or  demand  and  a  fee  of  two  dollars  in  the  hands  or  in  the 
office  of  said  secretary; 

(b)  the  fee  of  two  dollars  shall  be  taxed  to  the  plaintiff's 
costs  if  he  prevails  in  the  suit ; 

(c)  the  secretary  shall  keep  a  record  of  the  day  and  hour 
of  the  service  of  such  process ;  and 

(d)  whenever  such  service  has  been  made,  the  secretary 
shall  immediately  give  notice  thereof  by  mail,  postage  prepaid, 
to  the  corporation  at  its  home  office  as  it  appears  in  the  records 
of  the  secretary  of  state,  or  to  such  other  person  or  address 
as  the  corporation  shall  have  directed  by  writing  filed  in  the 
office  of  the  secretary  of  state  and  shall  within  two  days  after 
such  service  send  in  like  manner  a  copy  of  the  process,  notice 
or  demand.  If  any  such  corporation  shall  not  have  registered 
as  required  by  law,  the  notice  herein  required  and  the  copy  of 
the  process,  notice  or  demand  shall  be  forwarded  to  the 
address  furnished  by  the  person  in  whose  behalf  such  process  is 
served.  The  certificate  of  the  secretary  of  state  that  he  has 
forwarded  notice  and  copies  by  mail  as  herein  required  shall 
be  evidence  of  the  fact  of  forwarding  to  the  address  stated  in 
such  certificate  and  of  the  time  of  forwarding. 

6.  Withdrawal  from  State;  Fee.  A  foreign  corporation 
authorized  to  do  business  in  this  state  may  withdraw  from  this 
state  at  any  time.  Such  withdrawal  shall  become  effective 
when  such  corporation  shall  have  filed  in  the  office  of  the  secre- 
tary of  state,  on  forms  prescribed  or  furnished  by  him,  signed 
by  the  corporation  by  an  executive  officer,  under  the  seal  of  the 
corporation  and  attested  by  the  clerk  or  secretary  or  assistant 


234  Chapter  206  [1949 

clerk  or  assistant  secretary,  a  statement  of  withdrawal  which 
shall  set  forth 

(a)  the  name  of  such  corporation,  the  state  or  country 
under  the  laws  of  which  it  is  organized,  and  the  post  office 
address,  with  street  and  number  if  any,  of  its  principal  office 
in  such  state  or  country; 

(b)  the  address,  including  street  and  number  if  any,  of 
its  registered  office  in  this  state  and  the  name  of  its  registered 
agent  in  this  state  at  such  address ; 

(c)  a  statement  that  it  surrenders  its  authority  to  do 
business  in  this  state ; 

(d)  that  it  revokes  the  authority  to  make  service  of 
process  on  its  then  registered  agent  and  consents  that  service 
of  process  in  any  suit,  action  or  proceeding  based  upon  any 
cause  of  action  arising  within  or  without  the  state  prior  to  the 
effective  date  of  the  withdrawal  may  thereafter  be  made  on 
such  corporation  by  service  thereof  on  the  secretary  of  state; 
and  shall  be  accompanied  by 

(e)  a  true  copy  of  the  vote  authorizing  the  withdrawal, 
certified  under  the  seal  of  the  corporation  by  the  clerk  or  secre- 
tary or  assistant  clerk  or  assistant  secretary;  and 

(f)  a  filing  fee  of  five  dollars. 

7.  Trustee  Process.  Foreign  companies  or  corporations 
established  by  the  law  of  any  other  state  or  country,  and  hav- 
ing a  place  of  business  or  doing  business  within  this  state,  may 
be  summoned  as  trustees,  and  trustee  process  may  be  served 
upon  them  as  other  writs  are,  and  when  so  summoned  they 
shall  be  liable  in  the  same  manner  as  domestic  corporations. 

8.  Other  Service.  The-  method  of  service  provided  by 
this  chapter  is  not  exclusive,  and  service  on  such  coi-porations 
may  be  made  in  any  other  manner  provided  by  law. 

9.  New  Registration  Fee.  If  any  such  corporation  fails 
for  two  consecutive  years  to  make  the  annual  returns  re- 
quired by  sections  104  and  105  of  chapter  274,  its  right  to  con- 
duct business  in  this  state  shall  be  suspended  until  a  new 
registration  fee  of  twenty-five  dollars  shall  have  been  paid. 

10.  Non-compliance;  Penalty.  Any  such  corporation 
which  refuses  to  comply  with  the  requirements  of  this  chapter 
may  be  restrained  from  further  prosecution  of  business  in  this 
state  by  proceedings  in  equity  brought  by  the  attorney  general 


1949]  Chapter  207  235 

in  the  county  of  Merrimack  and  shall  be  fined  not  more  than 
five  hundred  dollars. 

11.  Effect.  Failure  to  comply  with  the  registration  pro- 
visions of  this  chapter  shall  not  affect  the  validity  of  any  con- 
tract with  such  corporation;  but  no  action  shall  be  maintained 
or  recovery  had  in  any  of  the  courts  of  this  state  by  any  such 
foreign  corporation  so  long  as  it  fails  to  comply  with  the  re- 
quirements of  this  chapter. 

12.  Change  in  Name;  Fee.  Any  such  corporation  which 
has  amended  its  charter  by  changing  the  name  under  which  i1 
is  registered  in  this  state  shall  within  thirty  days  file  with  the 
secretary  of  state  a  certificate  of  such  change,  under  the  seal 
of  the  corporation,  signed  and  sworn  to  by  the  clerk  or  secre- 
tary or  assistant  clerk  or  assistant  secretary  of  the  corporation 
and  shall  pay  a  filing  fee  of  five  dollars. 

2.  Effective  Date.  This  act  shall  take  effect  upon  its 
passage,  except  that  foreign  corporations  heretofore  author- 
ized to  do  business  in  this  state  shall  have  six  months  there- 
after within  which  to  register  under  the  provisions  of  section  2 
of  chapter  280  of  the  Revised  Laws  as  amended  hereby  and 
the  filing  fee  therefor  shall  be  five  dollars.  Notice  of  liabihty 
to  register  and  registration  forms  shall  be  forwarded  by  the 
secretary  of  state  within  four  months  after  the  passage  of 
this  act  to  each  such  corporation  or  its  manager  or  other  per- 
son heretofore  designated  by  such  corporation  as  the  person  to 
whom  service  of  process  shall  be  forwarded,  as  provided  by 
section  6  of  chapter  280  of  the  Revised  Laws. 
[Approved  May  23,  1949.] 


CHAPTER  207. 

AN  ACT  RELATIVE  TO  DEPOSIT  OF  CITY  FUNDS  IN  BANKS. 

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

1.  Change  in  Limitations.  Amend  section  15,  chapter  65 
of  the  Revised  Laws,  by  inserting  after  the  word  "surplus"  in 
the  fifth  line  the  words,  except  that  a  city  with  a  population  in 
excess  of  forty  thousand  is  authorized  to  deposit  funds  in  a 
solvent  bank  in  excess  of  sixty  per  cent  of  the  paid-up  capital 


236  Chapter  208  [1949 

and  surplus  of  said  bank,  so  that  said  section  as  amended  shall 
read  as  follows :  15.  Deposit  of  City  Funds.  The  city  treas- 
urer shall  deposit  all  money  belonging  to  the  city  in  solvent 
banks  in  the  state,  except  that  a  city  near  the  state  boundary 
may,  with  the  approval  of  the  bank  commissioner,  deposit  city 
funds  in  banks  outside  the  state.  The  amount  deposited  in 
any  bank  shall  not  exceed  sixty  per  cent  of  its  paid-up  capital 
and  surplus,  except  that  a  city  with  a  population  in  excess  of 
forty  thousand  is  authorized  to  deposit  funds  in  a  solvent  bank 
in  excess  of  sixty  per  cent  of  the  paid-up  capital  and  surplus 
of  said  bank. 

2.     Takes    Effect.       This    act   shall    take    effect    upon   its 
passage. 
[Approved  May  23,  1949.] 


CHAPTER  208. 

AN  ACT  PERTAINING  TO  JAIL  SENTENCES. 

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

1.  Jail  Sentences.  Amend  section  13  of  chapter  429  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  follows:  13.  Place;  Reduction  in 
Sentence.  Persons  liable  to  commitment  to  jail  for  any 
offense  may  be  committed  to  the  jail  or  to  any  house  of 
correction  in  the  discretion  of  the  court.  The  keeper  of  said 
jail  or  superintendent  of  said  house  of  correction  may  issue  a 
permit  to  any  prisoner,  whose  record  of  conduct  shows  that  he 
has  faithfully  observed  all  the  rules  of  said  jail  or  house  of 
correction,  to  be  at  liberty  at  a  time  in  advance  of  the  ex- 
piration of  the  term  or  sentence  imposed  by  the  court,  to  be 
computed  by  deducting  therefrom  not  more  than  three  days 
for  each  month  of  the  term  of  sentence. 

2.  Takes  Effect.  This  act  shall  take  effect  sixty  days  from 
the  date  of  its  passage. 

[Approved  May  23,  1949.] 


1949]  Chapter  209  237 

CHAPTER  209. 

AN  ACT  RELATING  TO  INVESTMENTS  OF   SAVINGS  BANKS. 

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

1.  Savings  Banks.  Amend  paragraph  VII  of  section  3  of 
chapter  310  of  the  Revised  Laws  by  striking  out  said  paragraph 
and  inserting  in  place  tliereof  the  following:  VII.  Deposit 
Books.  Notes  secured  by  any  book  of  deposit  issued  by  any 
savings  bank,  or  by  any  savings  department  of  a  state  or 
national  bank,  existing  under  the  laws  of  and  located  in  any 
New  England  state  or  notes  secured  by  the  shareholder's 
account  in  any  federal  savings  and  loan  association  located  in 
this  state  or  any  building  and  loan  association  of  this  state, 
provided  that  the  investment  in  the  case  of  banks,  federal 
savings  and  loan  associations  and  building  and  loan  asso- 
ciations located  in  New  Hampshire  shall  not  be  in  excess  of  one 
hundred  per  cent  and  in  the  case  of  banks  located  in  the  other 
New  England  states  shall  not  be  in  excess  of  ninety  per  cent  of 
the  withdrawal  value  of  the  deposit  evidenced  thereby. 

2.  Fire  Insurance  Stock.  Amend  paragraph  XV  of  section 
12  of  chapter  310  of  the  Revised  Laws  by  striking  out  the 
words  "having  a  total  capital  stock  of  not  less  than  two  million 
dollars  and  surplus  of  not  less  than  one  and  one-half  times  the 
amount  of  the  unearned  premiums"  where  they  appear  therein 
and  inserting  in  place  thereof  the  following:  having  a  total 
capital  stock  of  not  less  than  two  million  dollars  and  having 
combined  capital  stock  and  surplus  of  not  less  than  the  amount 
of  its  unearned  premiums,  so  that  said  paragraph  XV  as 
amended  shall  read  as  follows :  XV .  Fire  Insurance  Stock. 
The  dividend-paying  capital  stock  of  senior  preference  of  any 
fire  insurance  company  incorporated  in  the  United  States  out- 
side of  New  Hampshire,  and  licensed  to  do  business  as  a  fire 
insurance  company  under  the  laws  of  this  state,  having  a  total 
capital  stock  of  not  less  than  two  million  dollars  and  having 
combined  capital  stock  and  surplus  of  not  less  than  the  amount 
of  its  unearned  premiums;  provided  that  such  company  has 
been  doing  business  at  least  ten  years  and  has  paid  a  dividend 
in  each  of  the  five  years  next  preceding  such  investment.  If 
any  such  company  has  only  one  class  of  stock  outstanding  that 


238  Chapter  209  [1949 

class  shall  be  considered  stock  of  senior  preference  for  the  pur- 
poses hereof. 

3.  Investment  Trust  Shares.  Amend  section  12  of  chapter 
310  of  the  Revised  Laws  by  adding  immediately  after  para- 
graph XVII  thereof,  a  new  heading  entitled,  Investment  Trust 
Shares,  and  by  adding  the  following  new  paragraph  thereafter : 

Investment  Trust  Shares 
XVIII.  Investment  Trust  Shares.  The  shares  of  any 
management  type  investment  company  or  investment  trust 
which  is  registered  as  an  "open-end  company"  under  the 
Federal  Investment  Company  Act  of  1940  as  from  time  to  time 
amended  and  which  is  also  authorized  for  sale  by  the  insurance 
commissioner  of  the  state  of  New  Hampshire,  if  said  company 
or  trust  (a)  shall  have  been  in  existence  for  at  least  ten  years 
and  (b)  shall  have  net  assets  of  not  less  than  ten  million  dollars 
at  the  date  of  purchase  and  (c)  shall  have  outstanding  no 
bonds,  debentures,  notes  or  other  evidences  of  indebtedness  or 
any  stock  having  priority  over  the  shares  being  purchased 
either  as  to  distribution  of  assets  or  payment  of  dividends  and 
(d)  shall  have  paid  annual  dividends  from  investment  income 
in  each  of  the  ten  years  next  preceding  said  purchase  and  (e) 
shall  not  have  made  during  the  two  years  next  preceding  said 
purchase,  any  distribution  from  realized  capital  gains  except 
during  the  last  month  of  the  federal  taxable  year  of  said  trust 
or  company,  and  (f)  shall  not  permit  the  maximum  load  or 
commission  to  be  charged  upon  the  sale  of  its  shares,  to  exceed 
seven  and  one-half  per  cent  of  the  sum  of  its  asset  value  per 
share,  plus  the  load  or  commission  charged,  adjusted  to  the 
nearest  full  cent;  provided,  however,  that  not  more  than  five 
per  cent  of  the  deposits  of  any  savings  bank  shall  be  invested  in 
such  shares  and  not  more  than  one  per  cent  of  the  deposits  of 
any  savings  bank  shall  be  invested  in  the  shares  of  any  one  in- 
vestment company  or  trust  and  further  provided  that  the  total 
amount  of  such  shares  which  may  be  held  by  any  savings  bank 
as  an  investment  and  as  collateral  security  for  loans  shall  not 
exceed  five  per  cent  of  the  total  assets  of  such  investment  com- 
pany or  investment  trust. 

4.  Limitations.  Amend  section  13  of  chapter  310  of  the 
Revised  Laws  by  striking  out  the  word  and  figure  "and  XIII" 
and  inserting  in  place  thereof  the  word  and  figures,  XIII,  XV, 


1949]  Chapter  210  239 

XVI,  and  XVII,  and  further  amend  said  section  by  striking  out 
the  word  and  figure  "paragraph  XIV"  and  inserting  in  place 
thereof  the  words  and  figures,  paragraphs  XIV  and  XVIII,  so 
that  said  section  as  amended  shall  read  as  follows:  13.  Im- 
paired Assets.  Unless  the  guaranty  fund  of  a  bank  is  full  and 
unimpaired,  and  the  value  of  its  assets  as  determined  by  the 
commissioner  shall  exceed  the  amount  of  the  deposits  by  at 
least  five  per  cent,  it  shall  be  unlawful  for  it  to  invest  in  any 
stocks  described  in  paragraphs  VI,  VIII,  IX,  XI,  XIII,  XV, 
XVI,  and  XVII  of  section  12,  or  in  any  securities  described  in 
paragraphs  XIV  and  XVIII  of  said  section,  without  the  written 
permission  of  the  commissioner. 

5.     Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  25,  1949.] 


CHAPTER  210. 


I 


AN  ACT  RELATIVE  TO  ALLOWANCES  TO  WIDOW  FROM  DECEASED 
husband's  ESTATE. 

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

1.  Allowances  to  Widows.  Amend  section  1  of  chapter  359 
of  the  Revised  Laws  by  striking  out  the  words  "she  not  being 
mentioned  in  the  will,  or  waiving  provision  made  for  her  there- 
in" in  the  second  and  third  lines  so  that  said  section  as  amended 
shall  read  as  follows :  1.  Making;  Account.  The  judge  may 
make  to  the  widow  of  a  person  deceased,  intestate  or  testate,  a 
reasonable  allowance  out  of  the  personal  estate,  for  her  present 
support;  and,  in  the  decree  of  distribution  of  the  personal 
estate,  the  whole,  or  such  part  thereof  as  the  judge  may  deem 
reasonable,  shall  be  accounted  as  part  of  her  distributive  share ; 
and  shall  be  so  accounted  when  she  elects  to  take  one  third  or 
one  half  of  the  real  estate,  under  the  provisions  of  section  11. 

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

[Approved  May  25,  1949.] 


240  Chapters  211, 212  [1949 

CHAPTER  211. 

AN  ACT  RELATING  TO  WINTER  MAINTENANCE  OF  HIGHWAYS. 

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

1.  Winter  Maintenance.  Amend  section  8,  part  10  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  adding-  at  the  end  thereof  the  words,  the 
highway  commissioner  may  designate  all  or  any  part  of  class  I, 
class  II,  or  class  III  highways  for  winter  maintenance,  so  that 
said  section  as  amended  shall  read  as  follows :  8.  Expenditures. 
With  the  approval  of  the  governor  and  council  the  highway 
commissioner  may  use  the  funds  accruing  to  the  department 
for  construction  and  reconstruction  and  maintenance  of  class  I 
highways  and  bridges  thereon,  for  aid  in  construction  and  re- 
construction of  class  II  highways  and  bridges  thereon,  for 
maintenance  and  reconstruction  of  class  II  highways  and 
bridges  thereon,  for  maintenance  and  reconstruction  of  class 
III  highways,  for  aid  in  construction,  reconstruction,  and 
maintenance  of  class  V  highways  and  aid  in  the  construction  of 
bridges  thereon,  for  the  providing  and  maintenance  of  build- 
ings, equipment,  and  supplies,  for  highway  purposes,  for  the 
costs  of  administration,  and  for  such  other  purposes  as  may  be 
provided  by  law.  The  highway  commissioner  may  designate 
all  or  any  part  of  class  I,  class  IT  or  class  III  highways  for 
winter  maintenance. 

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

[Approved  May  25,  1949.] 


CHAPTER  212. 

AN  ACT  DEFINING  THE  RIGHTS  OF  PEDESTRIANS  AT  CROSSWALKS. 

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

1.  Operation  of  Motor  Vehicles.  Amend  Revised  Laws, 
chapter  119  by  inserting  after  section  22  a  section  as  follows: 
22-a.      Pedestrians,    Right-of-Way    at    Crosswalks.      When 


1949]  Chapter  213  241 

traffic-control  signals  are  not  in  place  or  not  in  operation  the 
driver  of  a  vehicle  shall  yield  the  right-of-way,  slowing  down 
or  stopping  if  need  be  to  so  yield,  to  a  pedestrian  crossing  the 
highway  within  a  crosswalk  when  the  pedestrian  is  upon  the 
half  of  the  highway  upon  which  the  vehicle  is  traveling,  or 
when  the  pedestrian  is  approaching  so  closely  from  the 
opposite  half  of  the  highway  as  to  be  in  danger,  but  no 
pedestrian  shall  suddenly  leave  a  curb  or  other  place  of  safety 
and  walk  or  run  into  the  path  of  a  vehicle  which  is  so  close  that 
it  is  impossible  for  the  driver  to  yield.  Whenever  any  vehicle 
is  stopped  at  a  marked  crosswalk  or  at  any  unmarked  cross- 
walk at  an  intersection  to  permit  a  pedestrian  to  cross  the  high- 
way, the  driver  of  any  other  vehicle  approaching  from  the  rear 
shall  not  overtake  and  pass  such  stopped  vehicle. 

2.  Crosswalk  Defined.  Amend  Revised  Laws,  chapter  115, 
section  1  by  inserting  after  paragraph  IV  a  new  paragraph  as 
follows:  IV-a.  ''Crosswalk,"  that  part  of  a  highway  at  an 
intersection  included  within  the  connections  of  the  lateral  lines 
of  the  sidewalks  on  opposite  sides  of  the  highway  measured 
from  the  curbs,  or  in  the  absence  of  curbs  from  the  edges  of  the 
traversable  highway-;  any  portion  of  a  highway  at  an  inter- 
section or  elsewhere  distinctly  indicated  for  pedestrian  cross- 
ing by  lines  or  other  markings  on  the  surface. 

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

[Approved  May  25,  1949.] 


CHAPTER  213. 


AN  ACT  RELATIVE  TO  EXEMPTIONS  FROM  JURY  SERVICE  FOR 

MEMBERS  OF  THE  GENERAL  COURT,  AND  DELEGATES  TO  A 

CONSTITUTIONAL  CONVENTION. 

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

1.  Jurors.  Amend  chapter  375  of  the  Revised  Laws  by  in- 
serting after  section  29  the  following  new  section:  29-a. 
Exemption.  If  any  member  of  the  general  court  or  delegate 
to  a  constitutional  convention  is  selected  as  a  juror  during  any 
time  when  the  general  court  or  a  constitutional  convention  is  in 


242  Chapter  214  [1949 

session  he  may  file  with  the  court  a  written  statement  to  the 
effect  that  he  does  not  wish  to  act  as  juror  and  he  shall  be  dis- 
charged and  another  juror  may  be  drawn  in  his  stead  from  the 
same  town  or  ward. 

2.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  May  25,  1949.] 


CHAPTER  214. 

AN  ACT  RELATIVE  TO  ALIENS. 

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

1.  Supervisors  of  Check-list.  Amend  chapter  32  of  the 
Revised  Laws  by  inserting  after  section  11  the  following  new 
section:  11-a.  Evidence  to  be  Presented.  When  determin- 
ing the  qualifications  of  an  applicant  under  the  provisions  here- 
of, the  supervisors  shall  require  said  applicant  to  present  his 
birth  certificate  or  other  evidence  of  the  fact  that  he  was  born 
in  this  country,  or  his  naturalization  papers  if  he  is  a  natural- 
ized citizen.  The  supervisors  may  refuse  to  add  the  name  of  an 
applicant  to  the  check-list  if  he  fails  to  present  the  evidence  re- 
quired by  the  provisions  of  this  section. 

2.  Right  to  Hold  Public  Office.  Amend  chapter  43  of  the 
Revised  Laws  by  inserting  at  the  end  thereof  the  following  new 
section:  4.  Aliens.  No  person  is  eligible  to  hold  any  muni- 
cipal office,  elective  or  appointive,  who  is  not  a  citizen  of  the 
United  States. 

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

[Approved  May  26,  1949.] 


1949]  Chapters  215,  216  243 

CHAPTER  215. 

AN  ACT  RELATIVE  TO  ALLOTMENTS  OF  FUNDS  TO  TOWNS  FOR  THE 
MAINTENANCE  OF  CLASSIFIED  HIGHWAYS. 

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

1.  Highway  Funds.  Amend  section  9,  part  13,  chapter  90, 
Revised  Laws,  as  inserted  by  chapter  188,  Laws  of  1945,  and 
as  amended  by  section  2,  chapter  174,  Laws  of  1947,  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 9.  Use  of  Allotments.  The  sums  so  allotted  shall  be 
used  for  the  care  and  maintenance  of  class  V  highways,  and 
for  no  other  purpose,  under  the  supervision  of,  and  on  locations 
approved  by,  the  highway  commissioner  and  shall  be  expended 
in  accordance  with  specifications  provided  by  the  commissioner 
under  the  direction  of  a  person  or  persons  appointed  by  the 
selectmen  of  the  town. 

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

[Approved  May  26,  1949.] 


CHAPTER  216. 

AN  ACT  RELATIVE  TO  MOTOR  VEHICLES  TRAVELING  IN  LINE. 

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

1.  Motor  Vehicle  Operation.  Amend  Revised  Laws, 
chapter  119  by  inserting  after  section  15  a  section  as  follows: 
15-a.  Following  Too  Closely.  The  driver  of  a  motor  vehicle 
shall  not  follow  another  vehicle  more  closely  than  is  reasonable 
and  prudent,  having  due  regard  for  the  speed  of  such  vehicles 
and  the  traffic  upon  and  the  condition  of  the  highway.  The 
driver  of  any  motor  truck  or  motor  vehicle  drawing  another 
vehicle  when  traveling  upon  a  highway  outside  of  a  business 
or  residential  district  and  which  is  following  another  motor 
truck  or  motor  vehicle  drawing  another  vehicle  shall  whenever 
conditions  permit  leave  sufficient  space  so  that  an  overtaking 
vehicle  may  enter  and  occupy  such  space  without  danger,  ex- 


244  Chapter  217  [1949 

cept  that  this  shall  not  prevent  a  motor  truck  or  motor  vehicle 
drawing  another  vehicle  from  overtaking  and  passing  any  like 
vehicle  or  other  vehicle.  Motor  vehicles  being  driven  upon 
any  highway  outside  of  a  business  or  residence  district  in  a 
caravan  or  motorcade  whether  or  not  towing  other  vehicles 
shall  be  so  operated  as  to  allow  sufficient  space  between  each 
such  vehicle  or  combination  of  vehicles  so  as  to  enable  any  other 
vehicle  to  enter  and  occupy  such  space  without  danger.  This 
provision  shall  not  apply  to  funeral  processions. 

2.    Takes   Effect.      This    act    shall   take    effect    upon   its 
passage. 
[Approved  May  26,  1949.] 


CHAPTER  217. 


AN  ACT  PROVIDING  FOR  ANNUAL  REPORTS  BY  SMALL  LOAN 

LICENSEES. 

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

1.  Small  Loans.  Amend  chapter  319  of  the  Revised  Laws 
by  inserting  after  section  14  the  following  new  sections:  14-a. 
Annual  Report.  Each  licensee  shall  file  annually  during 
October  of  each  year  a  report  under  oath  with  the  bank  com- 
missioner setting  forth  such  relevant  information  as  he  reason- 
ably may  require  concerning  the  condition  of  the  business  as  of 
June  thirtieth  for  each  licensed  place  of  business  conducted  by 
such  licensee  within  the  state.  Among  other  things,  such  re- 
port shall  identify  the  licensee  and  licensed  place  of  business 
and  set  forth  a  list  of  all  assets  used  and  useful  in  conducting 
the  business,  both  tangible  and  intangible,  the  gross  income 
and  expenses  including  all  taxes  for  the  year,  the  earnings  of 
the  year  and  the  rate  thereof  in  relation  to  all  assets.  The 
income  and  expenses  may  be  reconciled  to  the  surplus  account. 
The  report  shall  also  set  forth  the  number  and  dollar  size  of 
loans  made  during  the  year  and  outstanding  at  the  beginning 
and  end  of  the  year;  loans  shall  be  classified  by  size  and 
collateral;  it  shall  require  a  summary  of  delinquency  and 
seizure  of  chattels  in  use  by  the  borrower  and  court  actions 
shall  be  given.     Such  report  shall  be  in  the  form  prescribed  by 


1949]  Chapter  218  245 

the  commissioner  who  shall  make  and  publish  annually  an 
analysis  and  recapitulation  of  such  reports  for  the  entire  state. 
14-b.  False  Statements.  Any  person  who  shall  make  any 
false  statements  in  the  annual  report  required  by  section  14-a 
shall  be  subject  to  the  penalties  of  perjury. 

2.  Penalties.  Amend  section  28  of  chapter  319  of  the 
Revised  Laws  by  inserting"  after  the  word  "prohibition"  in  the 
first  line  the  words,  or  fails  to  file  the  annual  report  required 
by  14-a,  so  that  said  section  as  amended  shall  read  as  follows : 
28.  Fine;  Imprisonment.  Whoever  violates  the  foregoing 
prohibitions,  or  fails  to  file  the  annual  report  required  by  14-a, 
shall  be  fined  not  more  than  one  hundred  dollars,  or  imprisoned 
not  more  than  six  months,  or  both. 

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

[Approved  May  26,  1949.] 


CHAPTER  218. 

AN  ACT  RELATING  TO  THE  TAKING  OF  BEAVER. 

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

1.  Beaver.  Amend  section  6  of  chapter  244  of  the  Revised 
Laws  as  amended  by  section  1,  chapter  64  of  the  Laws  of  1943 
and  chapter  46  of  the  Laws  of  1945  by  striking  out  the  words 
"during  any  part  of  the  months  of  March  and  April"  in  the 
second  line  and  inserting  in  place  thereof  the  words,  the  period 
from  February  eighteenth  to  February  twenty-eighth,  so  that 
said  section  as  amended  shall  read  as  follows:  6.  Open 
Season.  In  any  county,  or  part  thereof,  during  the  period 
from  February  eighteenth  to  twenty-eighth,  the  director,  with 
the  approval  of  the  commission,  may  declare  an  open  season  on 
beaver  if  he  deems  that  beaver  are  detrimental  to  fishing  or 
hunting  or  to  lumber  operations,  or  if  he  receives  written  com- 
plaint from  a  water  company  or  a  landowner  that  beaver  are 
polluting  a  water  supply  or  doing  actual  and  substantial 
damage  to  property. 

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

[Approved  May  26,  1949.] 


246  Chapter  219  [1949 

CHAPTER  219. 

AN  ACT  TO  PROVIDE  FOR  THE  REGISTRATION  OF  TRADE-MARKS, 

LABELS,  BRANDS,  DESIGNS,  DEVICES,  SYMBOLS  AND  FORMS 

OF  ADVERTISEMENTS. 

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

1.     Trade-Mark  Law.     Amend  the  Revised  Laws  by  insert- 
ing after  chapter  207  the  following  new  chapter: 

Chapter  207-A 
New  Hampshire  Trade-Mark  Law 

1.  Definitions.  L  The  term  "trade-mark"  as  used  here- 
in includes  any  word,  name,  symbol,  or  device  or  any  combi- 
nation thereof  adopted  and  used  by  a  manufacturer  or 
merchant  to  identify  his  goods  and  distinguish  them  from 
those  manufactured  or  sold  by  others. 

IL  The  word  "person"  as  used  herein  includes  an  in- 
dividual, firm,  partnership,  association,  organization,  union  of 
workingmen  or  corporation. 

2.  Registration.  Every  person  who  adopts  and  uses  any 
trade-mark  for  the  purpose  of  designating,  making  known  and 
distinguishing  any  merchandise,  goods,  wares  or  other  products 
of  labor,  manufactured,  produced,  compounded,  sold,  or  offered 
for  sale  in  this  state  may,  subject  to  the  limitations  hereafter 
set  forth,  file  for  record  in  the  office  of  the  secretary  of  state  a 
statement  setting  forth: 

L  The  name  and  address  of  the  person  applying  for  such 
registration ; 

IL  The  class  of  merchandise  and  a  particular  description 
of  the  goods  comprised  in  each  class  to  which  such  trade-mark 
has  been  appropriated  and  the  mode  in  which  it  is  used,  the 
general  nature  of  the  applicant's  business,  and  the  use  of  sub- 
ject of  registration; 

IIL  The  date  when  such  trade-mark  hereunder  was  first 
used  or  adopted,  and  that  no  other  person  has  the  right  to  such 
use,  either  in  the  identical  form,  or  having  such  near  re- 
semblance thereto  as  may  be  calculated  to  deceive,  or  that 
would  be  liable  to  be  mistaken  therefor ; 

IV.  A  facsimile,  copy  or  counterpart  of  such  trade-mark 
shall  be  incorporated  in  or  annexed  to  such  statement,  and  a 


1949]  Chapter  219  247 

duplicate  shall  be  filed  therewith.  Such  statement  shall  be 
signed  by  the  appUcant  in  whose  behalf  it  is  filed,  or  by  his  or 
its  agent  or  duly  authorized  officer,  and  the  person  so  signing 
shall  make  oath  or  affirm  that  all  the  statements  therein  con- 
tained are  true,  to  the  best  of  his  knowledge  and  belief, 

3.  Certificate  of  Registration  and  Filing  Fee;  Receipt. 
There  shall  be  paid  to  the  secretary  of  state  for  the  filing  of 
such  statement  a  fee  of  ten  dollars.  The  secretary  of  state 
shall  deliver  to  the  person  fihng  such  statement  or  causing  the 
same  to  be  filed,  a  certificate  of  registration  under  his  signa- 
ture and  state  seal,  showing  the  name  and  address  of  the  per- 
son claiming  ownership  of  the  trade-mark  registered,  the  date 
of  such  filing,  a  general  description  of  the  trade-mark  to  be 
registered,  and  a  receipt  showing  the  payment  of  the  filing  fee 
therefor.  The  fee  for  renewal  of  any  registration  shall  be  ten 
dollars, 

4.  Certificate  of  Registration  and  Copies  as  Evidence. 
Any  certificate  of  registration  issued  by  the  secretary  of  state 
under  the  provisions  hereof,  or  a  copy  thereof  duly  certified  by 
the  secretary  of  state,  shall  be  admissible  in  evidence  as  com- 
petent and  sufficient  proof  of  the  registration  of  such  trade- 
mark in  any  action  or  judicial  proceeding  in  any  of  the  courts 
of  this  state. 

5.  Duration  and  Renewal.  Registrations  recorded  under 
the  provisions  of  this  chapter  shall  be  effective  for  twenty 
years  and  shall  be  renewable  for  like  periods  upon  application 
ro  tne  secretary  of  state  and  payment  of  the  fee  specified  in 
section  3.  Registrants  of  trade-marks  recorded  hereunder 
shall  be  notified  by  the  secretary  of  state  of  the  necessity  of 
renewal  within  the  one-year  period  next  preceding  the  ex- 
piration of  the  twenty  years  from  the  date  of  registration. 
Trade-marks  previously  registered  under  sections  1  to  7  of 
chapter  207  of  the  Revised  Laws  shall  expire  six  months  after 
January  1,  1950,  or  twenty  years  from  the  date  of  their 
registration,  whichever  date  is  later,  and  applications  for  re- 
registration  may  be  made  within  the  six-month  period  preced- 
ing the  expiration  of  the  original  registration.  The  fee  for  a 
re-registration  under  the  provisions  of  this  section  shall  be  ten 
dollars.  The  secretary  of  state  shall  seasonably  notify  all  prior 
registrants  of  the  necessity  for  renewal  of  registration  here- 
under. 


248  Chapter  219  [1949 

6.  AssigTiments.  Title  to  any  trade-mark  and  its 
registration  hereunder  may  be  transferred  and  assigned  to  any 
person  tog"ether  with  the  goodwill  of  the  business  to  which  such 
trade-mark  pertains  or  with  that  part  of  the  goodwill  of  the 
business  connected  with  the  use  of  and  symbolized  by  the 
mark.  Written  assignments  shall  be  recorded  by  the  secretary 
of  state  upon  payment  of  the  fee  of  ten  dollars.  When  such 
assignment  is  recorded,  a  new  certificate  of  registration  shall 
be  issued  in  the  name  of  the  assignee. 

7.  Cancellation  and  Abandonment.  The  secretary  of 
state  shall  cancel  from  his  register  all  registrations  more  than 
twenty  years  old  and  not  renewed  in  accordance  with  section  5, 
and  also  any  registration  to  the  extent  to  which  the  final  judg- 
ment in  any  court  of  competent  jurisdiction  shall  find  that  the 
trade-mark  has  been  abandoned  or  that  the  registrant  does  not 
have  the  right  to  the  exclusive  use  thereof. 

8.  Classification.  All  applications  for  registration  of  a 
trade-mark  and  renewals  or  assignments  thereof  shall  be  on 
forms  prescribed  by  the  secretary  of  state.  The  secretary  of 
state  shall  establish  classes  of  merchandise  for  the  purpose  of 
trade-mark  registration,  and  shall  determine  the  particular 
descriptions  of  goods  comprised  in  each  class.  On  a  single 
application  for  registration  of  a  trade-mark,  the  trade-mark 
may  be  registered,  at  the  option  of  the  applicant,  for  any  or  all 
goods  upon  which  the  trade-mark  has  actually  been  used  com- 
prised in  a  single  class  of  merchandise. 

9.  What  Shall  not  be  Registered.  I.  The  secretary  of 
state  shall  not  register  a  trade-mark  which  consists  of  or  com- 
prises immoral,  deceptive,  or  scandalous  matter;  or  matter 
which  may  disparage  or  falsely  suggest  a  connection  with  per- 
sons, living  or  dead,  institutions,  beliefs,  or  national  symbols, 
or  bring  them  into  contempt,  or  disrepute,  or  consists  of  or 
comprises  the  flag  or  coat  of  arms  or  other  insignia  of  the 
United  States,  or  of  any  state  or  municipality,  or  of  any  foreign 
nation,  or  any  simulation  thereof. 

II.  The  secretary  of  state  shall  not  register  as  a  trade- 
mark the  portrait  of  any  living  individual,  except  with  the  con- 
sent of  such  individual  evidenced  by  an  instrument  in  writing, 
or  a  merely  geographical  name  or  term,  or  any  trade-mark 
which  is  identical  with  any  trade-mark  theretofore  used 
or    registered    by    any    other    person    which    when    applied 


1949]  Chapter  219  249 

to  the  goods  of  the  applicant  is  likely  to  cause  confusion 
or  mistake  or  to  deceive  purchasers,  or  which  so  nearly  re- 
sembles such  trade-mark  as  to  be  likely  to  cause  confusion  or 
mistake  in  the  minds  of  the  public  or  to  deceive  purchasers,  or 
any  trade-mark  which  consists  merely  in  the  name  of  any  per- 
son, not  written,  printed,  impressed  or  woven  in  a  particular 
or  distinctive  manner  or  in  association  with  a  portrait  of  such 
individual,  or  which  consists  merely  in  words  which  are  de- 
scriptive of  the  merchandise  with  which  they  are  used  or  the 
character  or  quality  of  such  merchandise. 

in.  The  secretary  of  state  shall  not  register  a  group  of 
trade-marks  in  a  single  application  except  upon  proof  that  such 
trade-marks  are  used  collectively  and  not  separately  and  if 
used  separately  a  separate  application  shall  be  required  for 
each  trade-mark. 

10.  Fraudulent  Registration.  Any  person  who  shall  for 
himself,  or  on  behalf  of  any  other  person,  procure  the  filing  and 
registration  of  any  trade-mark  in  the  office  of  the  secretary  of 
state,  under  the  provisions  hereof,  by  making  any  false  or 
fraudulent  representations  or  declarations,  verbally,  or  in  writ- 
ing, or  by  any  fraudulent  means,  shall  be  liable  to  pay  all 
damages  sustained  in  consequence  of  any  such  filing,  to  be  re- 
covered by  or  on  behalf  of  the  party  injured  thereby,  in  any 
court  having  jurisdiction,  and  shall  be  fined  not  exceeding  five 
hundred  dollars  or  imprisoned  not  exceeding  one  year  or  both. 

11.  Civil  Rights.  Every  person  who  has  adopted  and 
registered  a  trade-mark  as  aforesaid,  may  proceed  by  suit  to 
enjoin  the  manufacture,  use,  display,  or  sale  of  any  counter- 
feits or  imitations  thereof,  and  all  courts  of  competent  juris- 
diction may  grant  injunctions  to  restrain  such  manufacture, 
use,  display,  or  sale,  as  may  be  by  the  said  court  deemed  just 
and  reasonable,  and  may  require  the  defendants  to  pay  to  such 
person  all  profits  derived  from  such  wrongful  manufacture, 
use,  display  or  sale;  and  such  court  may  also  order  that  any 
such  counterfeits  or  imitations  in  the  possession  or  under  the 
control  of  any  defendant  in  such  case,  be  delivered  to  an  officer 
of  the  court,  or  to  the  complainant,  to  be  destroyed. 

12.  Violations.  Subject  to  the  provisions  of  section  15 
hereof,  no  person  shall :  I.  Falsely  make,  counterfeit,  imitate, 
sell,  offer  for  sale,  or  in  any  way  utter  or  circulate  any  trade- 


250  Chapter  219  [1949 

mark  which  has  been  registered  in  accordance  with  the  pro- 
visions of  this  act;  or 

II.  Affix  to  any  article  of  merchandise  a  false  or  counter- 
feit or  imitation  trade-mark,  or  the  genuine  trade-mark  of  an- 
other which  has  been  registered  in  accordance  with  the  pro- 
visions of  this  act,  without  the  latter's  consent;  or 

III.  Sell,  keep,  or  offer  for  sale  an  article  of  merchandise, 
to  which  is  affixed  a  false  or  counterfeit  trade-mark  or  the 
genuine  trade-mark,  or  an  imitation  of  the  trade-mark  of  an- 
other which  has  been  registered  in  accordance  with  the  pro- 
visions of  this  act,  without  the  latter's  consent ;  or 

IV.  Have  in  his  possession  a  counterfeit  trade-mark  or  a 
die,  plate,  brand,  or  other  thing  for  the  purpose  of  falsely 
making  or  counterfeiting  a  trade-mark  which  has  been 
registered  in  accordance  with  the  provisions  of  this  act;  or 

V.  Make  or  sell,  or  offer  to  sell  or  dispose  of,  or  have  in 
his  possession  with  intent  to  sell  or  dispose  of,  an  article  of 
merchandise  with  a  trade-mark  which  has  been  registered  in 
accordance  with  the  provisions  of  this  act  by  another,  which 
indicates  falsely  the  quantity,  quality,  character,  place  of 
manufacture  or  production,  or  person  manufacturing,  pro- 
ducing or  sponsoring  the  article ;  or 

VI.  Sell,  keep,  or  offer  for  sale  an  article  of  merchandise, 
to  which  is  affixed  any  trade-mark,  either  in  identical  form 
thereof  or  that  bears  any  such  near  resemblance  thereto  as 
may  be  calculated  to  deceive,  or  that  would  be  liable  to  be  mis- 
taken therefor,  which  has  been  registered  by  another,  in  com- 
pliance with  this  act,  and  which  registration  has  not  been  re- 
voked or  cancelled  by  order  of  any  court  of  competent  juris- 
diction in  this  state. 

13.  Penalty.  Subject  to  the  provisions  of  section  15 
hereof,  any  person  who  shall  violate  any  of  the  provisions  of 
section  12  shall  be  fined  not  more  than  five  hundred  dollars  or 
imprisoned  for  not  more  than  one  year,  or  both. 

14.  Prosecution.  In  all  cases  of  prosecution  under  this 
chapter,  it  shall  be  the  duty  of  the  solicitor  of  the  county  in 
which  the  infringement  takes  place,  upon  request  of  the 
registrant,  to  take  action  for  the  enforcement  of  the  penalties 
herein  provided. 

15.  Prior  Rights.     Nothing  herein  shall  adversely  affect 


1949]  Chapter  220  251 

the  rights  or  the  enforcement  of  rights  in  marks  acquired  in 
good  faith  at  any  time  at  common  law. 

16.  Agents.  In  all  cases  where  any  association  or  union 
is  not  incorporated,  suits  hereunder  may  be  commenced  and 
prosecuted  by  an  officer,  or  member  of  the  association  or  union, 
on  behalf  of,  and  for  the  use  of  such  association  or  union. 

17.  Construction  of  Act.  Subject  to  the  provisions  of 
section  15  hereof,  this  act  shall  be  construed  by  all  courts  at  all 
times  in  all  suits,  actions  and  proceedings,  in  the  most  liberal 
manner  for  effecting  the  objects  and  purposes  thereof  and  pro- 
tecting the  claims,  rights,  interests  and  use  of  every  person  in 
and  to  any  trade-mark  registered  pursuant  to  the  provisions  of 
this  act.  If  any  provision  hereof,  or  the  application  of  such 
provision  to  any  person  or  circumstance  is  held  unconstitu- 
tional or  invalid,  the  remainder  hereof  shall  not  be  affected 
thereby. 

2.  Repeal.  Sections  1  to  7  inclusive  of  chapter  207  of  the 
Revised  Laws  relative  to  the  registration  of  labels  and  trade- 
marks are  hereby  repealed. 

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

[Approved  May  26,  1949.] 


CHAPTER  220. 


AN    ACT   RELATIVE    TO    RETIREMENT    BENEFITS    UNDER    THE 
firemen's  RETIREMENT  SYSTEM. 

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

1.  Firemen.  Amend  section  15  of  chapter  220  of  the 
Revised  Laws  by  striking  out  the  same  and  inserting  in 
place  thereof  the  following :     15.     Retirement  Benefits.     Any 

permanent  fireman  who  retires  or  is  dismissed  from  active 
service  as  provided  in  section  13,  and  who  shall  have  complied 
with  all  provisions  of  this  chapter  and  with  the  rules  and  regu- 
lations of  the  board,  shall  be  entitled  to  receive  from  said  board 
for  each  year  during  the  remainder  of  his  natural  life  retire- 
ment benefits  based  upon  his  average  final  salary,  as  defined 
hereinafter,  at  the  rates  in  the  following  table : 


252  Chapter  220  [1949 

Age  at  Retirement  Retirement  Benefit 

(per  cent  of  average  final  salary) 

60  36.7 

61  39.0 

62  41.5 

63  44.1 

64  46.9 

65  and  over  50.0 

The  "average  final  salary"  shall  mean  the  average  annual  earn- 
able  compensation  of  a  member  during  his  last  five  years  of 
service  prior  to  the  date  of  retirement  or  dismissal,  as 
determined  by  the  board,  provided  that  said  average  final 
salary  shall  in  no  case  exceed  two  thousand  five  hundred 
dollars,  except  as  hereinafter  provided,  which  amount  shall  be 
the  maximum  assessable  annual  salary.  Provided  that  the 
maximum  assessable  annual  salary  shall  not  apply  to  those 
members  who,  as  of  the  date  when  this  section  becomes 
effective,  earned  a  yearly  salary  above  two  thousand  five  hun- 
dred dollars  and  were  applicants  for  the  chapter  at  that  time ; 
their  retirement  benefits  shall  be  based  as  above  upon  one-half 
their  total  salary  earned  during  the  last  five  years  of  service 
to  the  date  of  their  retirement.  The  retirement  benefits  shall 
be  paid  to  the  retired  member  on  the  first  business  day  of  each 
calendar  month  in  as  nearly  equal  monthly  installments  as 
possible.  No  permanent  fireman  who  has  retired  under  the 
provisions  of  this  chapter  shall  be  paid  for  any  service  per- 
formed in  the  fire  department  during  the  time  of  his  retire- 
ment unless  it  be  for  specific  duty  during  a  period  of  public 
emergency.  The  board  shall  have  the  right  to  further  modify 
the  actuarial  table  of  rates  of  retirement  benefits  accruing  to 
members  retiring  on  account  of  age,  between  the  ages  of  60 
to  64  inclusive,  based  upon  periodic  actuarial  valuations  of  the 
retirement  system  made  every  third  year  beginning  July  1, 
1949. 

2.  Change  in  Age.  Amend  section  13  of  chapter  220  of  the 
Revised  Laws  by  striking  out  the  word  "sixty-five"  where  it 
occurs  and  inserting  in  place  thereof  the  word,  sixty,  so  that 
said  section  as  amended  shall  read  as  follows:  13.  Retire- 
ment. No  voluntary  retirements  liereunder  may  take  place  be- 
fore July  1,  1942.  Any  permanent  fireman  who  accepts  the 
provisions  hereof  may  retire  from  active  service  at  the  age  of 


1949]  Chapter  220  253 

sixty  provided  he  has  served  as  a  permanent  fireman  for  a 
period  of  twenty  years.  All  permanent  firemen  who  accept  the 
provisions  hereof  and  who  have  served  as  permanent  firemen 
for  twenty  years  shall  retire  from  active  service  at  the  age  of 
seventy.  Upon  the  recommendation  of  his  chief  and  the 
recommendation  of  the  association  that  any  permanent 
fireman,  who  has  accepted  this  chapter,  is  capable  of  further 
rendering  satisfactory  service,  the  retirement  board  may 
extend  the  age  of  compulsory  retirement  for  such  fireman 
for  five  years.  Any  permanent  fireman  accepting  the 
provisions  hereof  and  having  served  for  twenty  years, 
who  shall  be  dismissed  from  service  after  having  reached 
the  age  of  sixty,  shall  be  entitled  to  the  benefits  of  this 
chapter.  Upon  retirement  a  permanent  fireman  shall  no 
longer  be  obligated  to  pay  assessments  to  the  retirement  fund. 
Call  firemen  who  become  permanent  firemen  may  have  one-half 
of  their  term  of  service  as  call  firemen  counted  as  part  of  their 
term  of  service  as  permanent  firemen,  provided  that  the  five 
years  immediately  preceding  retirement  shall  have  been 
permanent  service.  The  probationary  periods  of  permanent 
firemen  shall  be  counted  as  part  of  their  term  of  service. 

3.  Additional  Benefits.  Amend  chapter  220  of  the  Revised 
Laws  by  inserting  after  section  15  the  following  new  section: 
15 -a.  Optional  Retirement  Benefits.  Until  the  first  payment 
on  account  of  a  retirement  allowance  becomes  normally  due, 
any  member  may  elect  to  convert  the  retirement  allowance 
otherwise  payable  on  his  account  under  section  15,  into  a  re- 
tirement allowance  of  equivalent  actuarial  value  under  one  of 
the  optional  forms  named  below;  provided,  however,  that  no 
election  of  an  optional  benefit  shall  be  effective  until  sixty  days 
after  the  date  of  the  filing  of  the  election  thereof  with  the  re- 
tirement board,  or  until  sixty  days  after  retirement,  whichever 
is  the  later,  and  if  the  member  dies  before  such  election  be- 
comes effective,  the  benefits  payable  on  his  account  shall  be 
the  same  as  though  his  election  had  not  been  filed  and  he  had 
not  been  retired.  Option  1 :  A  reduced  retirement  allowance 
payable  during  the  retired  member's  life,  with  the  provision 
that  it  shall  continue  after  his  death  for  the  life  of  the  bene- 
ficiary, nominated  by  him  by  written  designation  duly  acknowl- 
edged and  filed  with  the  retirement  board  at  the  time  of  retire- 


254  Chapter  221  [1949 

merit.  The  joint  annuitant  or  beneficiary  must  be  related  in 
the  following  order: 

(1)  Legal  wife  co-habiting  with  member  retiring; 

(2)  If  there  is  no  wife,  then  totally  dependent  son  or 
daughter. 

Option  2:  A  reduced  retirement  allowance  payable  during 
the  retired  member's  life  with  the  provision  that  it  shall  con- 
tinue after  his  death  at  one-half  the  rate  paid  to  him  and  be 
paid  for  the  life  of  the  beneficiary,  nominated  by  him  by 
written  designation  duly  acknowledged  and  filed  with  the  re- 
tirement board  at  the  time  of  retirement. 

If  either  of  the  above  two  options  is  elected  the  following 
conditions  and  restrictions  shall  apply : 

I.  If  the  designated  joint  annuitant  should  die  before  the 
member's  attainment  of  his  retirement  age,  the  election  shall 
become  inoperative  and  annuity  payments,  if  and  when  com- 
menced, will  be  on  the  normal  retirement  benefit  basis,  under 
section  15,  as  though  an  optional  form  of  annuity  had  never 
been  elected; 

II.  If  the  member  should  die  before  attainment  of  his 
retirement  age,  the  joint  annuitant  shall  not  be  entitled  to  re- 
ceive any  annuity  payments ; 

III.  The  designation  of  any  person  as  a  joint  annuitant 
shall  not  constitute  such  person  a  beneficiary  with  respect  to 
any  other  benefit  provided  under  this  chapter,  unless  such  per- 
son is  specifically  designated  as  a  beneficiary  under  other  pro- 
visions hereof. 

4.     Takes    Effect.      This   act    shall    take    effect    upon   its 
passage. 
[Approved  May  27,  1949.] 


CHAPTER  221. 

AN  ACT  RELATING  TO  MANUFACTURER'S  PERMITS. 

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

1.  Manufacturei-'s  Permits.  Amend  section  71  of  chapter 
170  of  the  Revised  Laws,  as  amended  by  section  2  of  chapter 
139  of  the  Laws  of  1945,  by  striking  out  the  words  "for  each 


1949]  Chapter  222  255 

manufacturer's  permit  two  thousand  dollars"  and  inserting"  in 
place  thereof  the  following-,  for  each  manufacturer's  permit 
five  hundred  dollars,  so  that  said  section  as  amended  shall  read 
as  follows :  71.  Fees.  The  annual  fees  required  for  permits 
issued  pursuant  to  the  provisions  of  this  subdivision  shall  be 
as  follows:  For  each  on-sale  permit  one  hundred  dollars  and 
for  each  off-sale  permit  fifty  dollars,  provided  that  the  com- 
mission may  in  its  discretion  remit  such  part  of  said  annual 
fee  as  it  shall  determine  to  permittees  operating  only  during 
the  summer  season;  for  each  manufacturer's  permit  five  hun- 
dred dollars ;  for  each  wholesaler's  permit  five  hundred  dollars ; 
for  each  solicitor's  permit  five  dollars;  for  each  vehicle  permit 
one  dollar,  which  shall  cover  all  rolling  stock  and  vehicles  of 
such  permittee;  for  each  carrier  permit  twenty-five  dollars, 
which  shall  cover  all  rolling  stock  and  vehicles  of  such  per- 
mittee; for  each  vessel  permit  twenty-five  dollars;  for  each 
dining-car  permit  one  hundred  dollars,  which  shall  be  issued  to 
the  railroad  corporation  and  for  each  special  permit  one  dollar. 
The  required  fee  shall  accompany  the  application.  A  permit, 
other  than  a  special  permit,  shall  expire  May  thirty-first  unless 
sooner  revoked  for  cause  by  the  commission.  Permits  shall  not 
be  transferred  except  with  the  consent  of  the  commission  and 
each  permit,  except  a  solicitor's  permit,  shall  designate  the 
place  of  business  for  which  it  is  issued. 

2.     Takes  Effect.     This  act  shall  take  effect  May  31,  1949. 
[Approved  May  27,  1949.] 


CHAPTER  222. 


AN  ACT  PROVIDING  FOR  THE  MANUFACTURE  OR  SALE  OF  COLORED 

OLEOMARGARINE. 

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

1.  Oleomargarine.  Amend  section  43  of  chapter  194  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  43.  Definition.  For  the  pur- 
poses of  this  chapter  the  name  oleomargarine,  as  hereby  de- 
fined, shall  be  construed  to  apply  to  and  include  all  substitutes 
for  butter,  by  whatever  names  called,  which  embody  an  edible 


256  Chapter  222  [1949 

oleaginous  compound  the  fatty  or  oily  constituents  of  which 
are  not  exclusively  derived  from  the  milk  of  cows,  and  which 
fatty  or  oily  constituents,  as  ingredients,  have  been  churned 
or  otherwise  so  manipulated  as  to  have  had  incorporated  there- 
with some  milk,  cream,  water,  or  watery  matter,  with  or  with- 
out added  salt,  and  whether  any  coloration  be  artificial,  or 
natural  to  the  oleaginous  ingredients, — such  that  the  result- 
ing compound  is  susceptible  to  use  in  the  manner  of  butter, 

2.  Permitted  Manufacture  and  Sale.  Amend  section  44  of 
chapter  194  of  the  Revised  Laws  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  44.  Labeling 
Substitutes.  No  person,  by  himself  or  his  agents  or  servants, 
shall  render  or  manufacture,  sell,  offer  for  sale,  expose  for  sale 
or  have  in  his  possession  with  intent  to  sell,  any  article, 
product  or  compound  made  wholly  or  partly  out  of  any  fat,  oil, 
oleaginous  substance,  or  compound  thereof,  not  produced  from 
unadulterated  milk  or  cream  from  the  same,  which  shall  be  in 
imitation  of  yellow  butter  produced  from  pure,  unadulterated 
milk  or  cream  of  the  same,  or  in  imitation  of  cheese  produced 
from  unadulterated  milk  or  cream  of  the  same,  unless  the  same 
is  contained  in  tubs,  firkins,  boxes  or  other  packages,  each  of 
which  has  upon  it,  to  indicate  the  character  of  its  contents, 
the  words  Adulterated  Butter,  Oleomargarine,  or  Imitation 
Cheese,  as  the  case  may  be,  in  plain  Roman  letters  not  less 
than  one-half  inch  high,  and  so  made,  placed  or  attached  that 
they  can  readily  be  seen  and  read,  and  cannot  be  easily  de- 
faced; and,  if  the  substance  or  compound  is  a  substitute  for 
cheese,  unless  the  cloth  surrounding  it  has  a  like  inscription. 
Nothing  herein  provided  shall  be  construed  to  prohibit  the 
manufacture  or  sale  of  colored  oleomargarine  which  bears  the 
labeling  required  by  the  United  States  commissioner  of  in- 
ternal revenue. 

3.  Color  Permitted.  Amend  section  45  of  chapter  194  of 
the  Revised  Laws  by  striking  out  the  words  "free  from  any 
coloration  or  ingredient  that  causes  it  to  look  like  butter"  so 
that  said  section  as  amended  shall  read  as  follows:  45. 
Broken  Packages.  When  any  such  substance  or  compound  is 
sold  in  less  quantities  than  the  original  packages  contain,  the 
seller  shall  deliver  to  the  purchaser  with  it  a  label  bearing  the 
words  indicating  its  character  as  above,  in  like  letters;  pro- 
vided, that  nothing  in  this  subdivision  shall  be  construed  to 


1949]  Chapter  223  257 

prohibit  the  manufacture  and  sale  of  oleomargarine  in  separate 
and  distinct  form,  and  in  such  manner  as  will  advise  the  con- 
sumer of  its  real  character. 

4.  Prohibitions.  Amend  section  47  of  chapter  194  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  47.  Serving  Colored  Oleo- 
margarine. No  person  shall  serve  colored  oleomargarine  or 
colored  margarine  at  a  public  eating  place,  whether  or  not  any 
charge  is  made  therefor,  unless  (1)  each  separate  serving 
bears  or  is  accompanied  by  labeling  identifying  it  as  oleo- 
margarine or  margarine,  or  (2)  each  separate  serving  thereof 
is  triangular  in  shape. 

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

[Approved  June  1,  1949.] 


CHAPTER  223. 


AN  ACT  RELATING  TO  SHOOTING  HUMAN  BEINGS  WHILE 
HUNTING. 

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

1.  Shooting.  Amend  section  35  of  chapter  241  of  the 
Revised  Laws  as  amended  by  chapter  63  of  the  Laws  of  1945 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  35.  Shooting  Human  Beings.  Any  person  who 
shall  shoot  at  a  human  being  in  mistake  for  game  while  hunt- 
ing and  through  such  shooting  shall  wound  or  kill  such  human 
being  may  be  fined  not  more  than  five  hundred  dollars  or  im- 
prisoned not  more  than  twelve  months,  or  both,  and  in  addi- 
tion thereto  his  license  shall  be  revoked.  At  the  discretion  of 
the  director  and  the  commission  his  license  may  be  returned 
or  a  special  license  for  fishing  only  may  be  issued  to  said  person 
upon  payment  of  the  same  fee  as  for  a  hunting  and  fishing 
license. 

2.  Additional  Penalties.  Amend  chapter  241  of  the  Re- 
vised Laws  by  inserting  after  section  35  as  hereinbefore 
amended  the  following  new  section:  35-a.  Abandoning  a 
Wounded  or  Killed  Human  Being.     Any  person  who  shall  have 


258  Chapter  224  [1949 

shot  or  killed  a  human  being  in  mistake  for  game  shall  forth- 
with render  necessary  assistance  to  the  injured  person  and  re- 
port immediately  to  the  nearest  law  enforcement  officer.  Upon 
conviction  of  violation  of  the  provisions  of  this  section  the 
guilty  person  shall  be  fined  not  more  than  two  thousand  dollars 
or  imprisoned  not  more  than  five  years  or  both,  and  his  hunt- 
ing and  fishing  license  shall  be  revoked  for  life.  The  penalty 
for  conviction  under  this  section  shall  be  in  addition  to  any 
penalty  imposed  under  section  35. 

3.     Takes    Effect.      This    act    shall    take    effect   upon   its 
passage. 
[Approved  June  1,  1949.] 


CHAPTER  224. 


an  act  relative  to  nonresident  students  at  the 
University  of  New  Hampshire. 

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

1.  Nonresident  Students.  Amend  section  23  of  chapter  222 
of  the  Revised  Laws  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following :  23.  Percentages.  The  number 
of  students  enrolled  in  the  University  of  New  Hampshire  from 
residences  outside  the  state  in  any  year  shall  not  exceed  fifteen 
per  cent  of  the  maximum  capacity  for  regular  undergraduate 
students  at  the  university  as  determined  by  the  board  of 
trustees. 

2.  Limitations.  Amend  chapter  222  of  the  Revised  Laws 
by  inserting  after  section  23  the  following  new  sections :  23-a. 
Suspension.  The  limitation  on  out-of-state  enrollment  at  the 
university  may  be  suspended  by  vote  of  the  board  of  trustees 
of  the  university  whenever  said  trustees  find  that  such 
suspension  will  benefit  the  state  and  the  university  without 
impairing  the  opportunity  for  qualified  students  of  the  state 
of  New  Hampshire  to  attend  the  university,  provided,  however, 
that  such  suspension  shall  be  made  for  not  more  than  one  year 
at  a  time,  but  may  be  continued  from  year  to  year  upon  vote  of 
said  trustees.     23-b.     Exceptions.     The  limitation  on  out-of- 


1949]  Chapters  225, 226  259 

state  enrollment  at  the  university  as  established  in  sections  23 
and  23-a  shall  not  apply  to  the  following  divisions  of  the  uni- 
versity :  Applied  farming,  summer  school  and  graduate  school. 
3.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage. 
[Approved  June  1,  1949.] 


CHAPTER  225. 

AN  ACT  RELATIVE  TO  THE  EMOTIONALLY  OR  MENTALLY  ILL. 

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

1.  State  Hospital.  Amend  section  1  of  chapter  17  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  1.  Name.  The  asylum  for  the 
insane  and  for  emotionally  or  mentally  ill  persons  at  Concord  is 
a  corporation  under  the  name  of  the  New  Hampshire  State 
Hospital. 

2.  Voluntary  Commitment.  Amend  chapter  17  of  the  Re- 
vised Laws  by  inserting  after  section  19  as  amended  by 
chapter  112  of  the  Laws  of  1949  the  following  new  section: 
19-a.  Emotionally  or  Mentally  111.  Pursuant  to  rules  and 
regulations  established  by  the  superintendent  of  the  state 
hospital,  the  state  hospital  may  receive  and  detain  therein  as  a 
patient  any  person  who  is  emotionally  or  mentally  ill.  Said 
person  shall  be  committed  therein  under  the  provisions  of 
section  19  as  amended  by  chapter  112  of  the  Laws  of  1949. 

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

[Approved  June  1,  1949.] 


CHAPTER  226. 


AN  ACT  RELATIVE  TO  THE  STATE  RACING  COMMISSION  AND  RULES 
AND  REGULATIONS  OF  SAID  COMMISSION. 

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

1.     Horse  Racing.     Amend  section  2  of  chapter  171  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 


260  Chapter  226  [1949 

place  thereof  the  following:  2.  Racing  Fund.  The  state 
treasurer  shall  keep  a  separate  account  to  be  known  as  the 
racing  fund,  to  which  shall  be  credited  the  tax  on  contributions 
to  pari  mutuel  pools,  as  provided  for  in  this  chapter,  together 
with  all  fines,  fees  and  forfeitures  levied  or  obtained  under  the 
rules  and  regulations  as  established  by  the  commission.  Said 
fund  shall,  after  paying  the  expenses  of  collection  thereof  and 
all  other  expenditures  provided  for  herein,  be  covered  at  in- 
tervals of  three  months  into  the  special  fund  constituted  by 
chapter  126  of  the  Laws  of  1931. 

2.  Racing  Commissiom.  Amend  section  8  of  chapter  171  of 
the  Revised  Laws,  as  amended  by  section  3,  chapter  280,  Laws 
of  1947,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :  8.  Rules  and  Regulations.  Said  com- 
mission shall  make  rules  and  regulations  for  the  holding,  con- 
ducting and  operating  of  all  running  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  person, 
association,  or  corporation  shall  conduct,  hold  or  operate  any 
running  or  harness  horse  race  or  meet  for  public  exhibition,  at 
which  pari  mutuel  pools  are  sold,  without  a  license  from  the 
commission.  No  such  race  or  meet  shall  be  permitted  on  Sun- 
day. 

3.  Repeal.  Section  9  of  said  chapter  171  is  hereby  re- 
pealed. 

4.  Applications.  Amend  section  10  of  said  chapter  171  by 
inserting  after  the  word  "exhibition"  in  the  second  line  the 
words,  at  which  pari  mutuel  pools  are  to  be  sold,  so  that  said 
section  as  amended  shall  read  as  follows :  10.  License.  Any 
person,  association,  or  corporation  desiring  to  hold  a  running 
or  harness  horse  race  or  meet  for  public  exhibition,  at  which 
pari  mutuel  pools  are  to  be  sold,  shall  apply  to  said  commission 
for  a  license  to  do  so.  The  application  shall  be  signed  and 
sworn  to  by  the  person  or  executive  officer  of  the  association 
or  corporation  and  shall  contain  the  following  information: 

(a)  The  full  name  and  address  of  the  person,  association, 
or  corporation. 

(b)  If  an  association,  the  names  and  residences  of  the 
members  of  the  association. 

(c)  If  a  corporation,  the  name  of  the  state  under  which 


1949]  Chapter  226  261 

it  is  incorporated  with  its  principal  place  of  business  and  the 
names  and  addresses  of  its  directors  and  stockholders. 

(d)  The  exact  location  where  it  is  desired  to  conduct  or 
hold  races  or  race  meets. 

(e)  Whether  or  not  the  racing  plant  is  owned  or  leased, 
and  if  leased,  the  name  and  residence  of  the  fee  owner,  or  if  a 
corporation,  of  the  directors  and  stockholders  thereof. 

(f )  A  statement  of  the  assets  and  liabilities  of  the  person, 
association,  or  corporation  making  such  application. 

(g)  Such  other  information  as  the  commission  may- 
require. 

5.  Licensees.  Amend  section  12  of  said  chapter  171  by 
striking  out  the  words  "under  this  chapter"  in  the  second  and 
third  lines  and  inserting  in  place  thereof  the  words,  under  the 
provisions  of  the  preceding  sections  hereof,  so  that  said  section 
as  amended  shall  read  as  follows :  12.  Bond.  Every  person,  asso- 
ciation, or  corporation  licensed  under  the  provisions  of  the 
preceding  sections  hereof,  shall,  before  said  license  is  issued, 
give  a  bond  to  the  state  in  such  reasonable  sum  not  exceeding 
fifty  thousand  dollars,  as  may  be  fixed  by  the  commission,  with 
a  surety  or  sureties  to  be  approved  by  the  commission,  condi- 
tioned to  faithfully  make  the  payments  prescribed  hereby  and 
to  keep  its  books  and  records  and  make  reports  as  herein  pro- 
vided and  to  conduct  its  racing  in  conformity  with  this  chapter 
and  with  the  rules  and  regulations  prescribed  by  the  commis- 
sion. 

6.  Additional  Regulations.  Amend  chapter  171  of  the 
Revised  Laws  by  inserting  after  section  12  the  following  new 
sections:  12-a.  Rules  of  Racing.  Said  commission  shall 
have  the  power  to  make  and  adopt  rules  of  racing  including 
regulations  providing  for  the  licensing,  supervising,  dis- 
ciplining, suspending,  fining  and  barring  from  racing,  on  any 
tracks  under  the  jurisdiction  of  the  commission,  of  horses, 
owners,  breeders,  authorized  agents,  sub-agents,  nominators, 
trainers,  jockeys,  jockey  apprentices,  jockey  agents,  and  any 
other  persons,  organizations,  associations,  or  corporations,  the 
activities  of  whom  affect  the  conduct  and  operation  of  running 
or  harness  horse  races  at  race  tracks  under  the  jurisdiction  of 
the  commission.  At  such  tracks  no  person  shall  enter  a  horse 
or  participate  in  any  running  or  harness  horse  race  or  meet 
as    an    owner,    agent,    nominator,    trainer,    jockey,    jockey 


262  Chapter  226  [1949 

apprentice,  or  jockey  agent  within  the  state  without  having 
first  procured  from  the  commission  a  license  so  to  act,  and  pay- 
ing such  fees  as  the  commission  may  determine  to  be  reasonable 
and  proper  therefor.  Such  licenses  may  be  revoked  by  the 
commission  at  any  time  for  cause.  12-b,  Stewards.  There 
shall  be  at  least  three  stewards  to  supervise  each  running  or 
harness  horse  race  or  meet,  conducted  under  the  provisions  of 
this  chapter,  at  which  pari  mutuel  pools  are  sold.  One  of  such 
stewards  shall  be  the  official  steward  of  the  state  racing  com- 
mission, and  the  remaining  stewards  shall  be  appointed  by  the 
person,  association  or  corporation  conducting  the  race  or  meet, 
subject  to  the  approval  of  the  commission.  Said  stewards 
shall  exercise  such  powers  and  perform  such  duties  at  each 
race  meet  as  may  be  prescribed  by  the  rules  and  regulations 
of  the  commission. 

7.  Prohibitions.  Amend  section  13  of  said  chapter  171  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following:  13.  Penalty.  Except  in  cases  when  another 
penalty  is  provided  in  this  chapter,  any  person,  association,  or 
corporation  holding  or  conducting,  or  any  person  or  persons 
aiding  or  abetting  in  the  holding  or  conducting,  of  any  running 
or  harness  horse  race  or  meet  for  public  exhibition,  at  which 
pari  mutuel  pools  ai'e  sold,  without  a  license  duly  issued  by 
said  commission,  or  any  person,  association,  or  corporation  who 
violates  any  of  the  provisions  of  this  chapter  or  who  violates 
any  of  the  rules  and  regulations  prescribed  by  the  commission, 
shall  be  fined  not  more  than  five  thousand  dollars  or  im- 
prisoned for  not  more  than  one  year,  or  both. 

8.  Administration.  Amend  section  25  of  said  chapter  171 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  25.  Supervision  and  Hearings.  The  commission 
shall  have  the  power  to  conduct  hearings  at  which  all  matters 
pertaining  to  the  administration  of  the  affairs  of  the  commis- 
sion and  all  activities  conducted  under  its  jurisdiction  may  be 
investigated  and  determined  and,  under  the  hand  of  its  chair- 
man, to  issue  subpoenas  for  the  attendance  of  witnesses  at 
such  hearings.  Any  member  of  the  commission  may  admin- 
ister oaths  and  affirmations  and  may  examine  witnesses. 
Disobedience  of  such  subpoenas  or  false  swearing  before  the 
commission  shall  be  attended  with  the  same  penalties  as  if  such 
disobedience  or  false   swearing  occurred  in  an  action   in  the 


1949]  Chapter  227  263 

superior  court.  The  commission  shall  have  the  power  and 
authority  to  regulate,  supervise  and  check  the  making  of  pari 
mutuel  pools  and  the  distributions  therefrom.  It  shall  have 
the  further  power  and  authority  to  investigate  as  to  the  direct 
and  indirect  ownership  and  control  of  any  licensee,  and  any 
expense  incurred  by  the  commission  in  so  doing  shall  be  at  the 
expense  of  such  licensee  or  of  the  applicant  for  a  license.  Any 
party  aggrieved  by  any  final  decision  entered  in  proceedings 
before  the  commission  may,  within  ten  days  after  such  decision 
is  entered,  appeal  to  the  superior  court  in  the  same  manner  as 
parties  aggrieved  by  a  decision  of  a  municipal  court. 

9.     Takes    Effect.      This    act    shall   take    effect   upon    its 
passage. 
[Approved  June  1,  1949.] 


CHAPTER  227. 

AN  ACT  RELATIVE  TO  PURCHASES  BY  THE  PURCHASING  AGENT. 

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

1.  Purchasing  Agent.  Amend  chapter  14-A  of  the  Re- 
vised Laws  as  inserted  by  chapter  21  of  the  Laws  of  1943  by 
striking  out  sections  4  to  7  inclusive  and  inserting  in  place 
thereof  the  following:  4.  Definitions.  As  used  herein  the 
following  terms  shall  be  construed  as  follows: 

I.  "Supplies"  shall  mean  and  include  all  materials,  equip- 
ment, printing,  furniture,  furnishings,  and  books,  of  every 
name  and  nature. 

IL  "Agency"  shall  mean  and  include  the  general  court, 
any  board,  department,  commission,  hospital,  sanitarium, 
home,  library,  school,  college,  prison  or  other  institution  con- 
ducted or  operated  by  or  for  the  state  of  New  Hampshire. 

III.  "Purchase"  shall  mean  and  include  all  contracts  for 
the  purchase  of  supplies,  as  well  as  the  act  of  purchasing. 

IV.  "Emergency"  shall  mean  and  include  any  situation 
requiring  the  immediate  purchase  of  supplies  arising  from  any 
unavoidable  casualty  or  disaster. 

V.  "Governing  board"  shall  mean  and  include  the  board, 
commission,  board  of  trustees,  department  head  or  other  ad- 
ministrative body  responsible  for  the  conduct  of  any  agency. 


264  Chapter  227  [1949 

5.  Duties.  Except  as  otherwise  specifically  provided  in 
this  chapter,  the  purchasing  agent  shall 

(a)  purchase  all  supplies  for  all  agencies  of  this  state; 

(b)  formulate  rules  and  regulations  for  the  administra- 
tion of  his  department,  including  procedure  for  the  conduct  of 
competitive  bidding,  which  rules  and  regulations  shall  become 
effective  when  approved  by  the  governor  and  council ; 

(c)  promptly  furnish  to  any  agency  and  to  the  comp- 
troller, a  copy  of  any  purchase  order  executed  by  him  for 
supplies  for  the  said  agency ; 

(d)  insofar  as  practicable,  purchase  all  supplies  in  such 
quantities  and  in  such  manner  as  shall  be  most  economical  for 
the  state; 

(e)  require  competitive  bidding  before  making  any  pur- 
chase for  the  state  pursuant  to  the  provisions  of  this  chapter, 
except  (1)  when  the  purchase  involves  a  total  expenditure  of 
less  than  two  hundred  dollars,  and  when  the  best  interests  of 
the  state  would  be  served  thereby,  (2)  when,  after  resonable 
investigation  by  the  purchasing  agent,  it  appears  that  any  re- 
quired unit  or  item  of  supply,  or  brand  of  such  unit  or  item,  is 
procurable  by  the  state  from  only  one  source,  (3)  when,  after 
reasonable  investigation  by  the  purchasing  agent,  it  appears 
that  any  required  unit  or  item  of  supply,  or  brand  of  such  unit 
or  item,  has  a  fixed  market  price  at  all  sources  available  to  the 
state,  (4)  when,  in  the  opinion  of  the  governor  and  council,  an 
emergency  exists  of  a  nature  which  requires  the  immediate 
procurement  of  supplies;  provided,  however,  that  whenever 
the  governor  shall  determine  that  an  emergency  exists  and 
where  he  also  deems  it  inexpedient  to  convene  the  council,  he 
alone  may  authorize  the  purchasing  agent  to  make  a  purchase 
without  competitive  bidding. 

6.  Non-Competitive  Purchases.  Except  where  competi- 
tive bidding  has  been  employed,  no  purchase  involving  an  ex- 
penditure of  two  hundred  dollars  or  more  shall  be  made  by  the 
purchasing  agent  without  the  written  approval  of  the  comp- 
troller. In  requesting  such  approval  the  purchasing  agent 
shall  first  state  in  writing  his  reasons  for  not  employing  com- 
petitive bidding.  If  the  comptroller  refuses  to  approve  any 
such  non-competitive  purchase,  the  purchasing  agent  may 
appeal  to  the  governor  for  such  approval  and  the  governor 
shall  approve  or  disapprove  such  purchase  in  wi-iting. 


1949]  Chapter  227  265 

7.  Delegation  of  Purchasing  Authority.  I,  The  purchas- 
ing agent,  in  his  discretion,  may  upon  written  application  of 
the  governing  board  of  any  agency,  authorize  such  governing 
board,  or  one  or  more  individuals  designated  by  such  board,  to 
purchase  supplies  for  the  said  agency  directly  from  vendors 
by  the  use  of  field  purchase  orders,  provided,  however,  that  no 
such  field  purchase  order  shall  be  used  where  a  total  expendi- 
ture of  more  than  fifty  dollars  is  involved.  The  form  and  use 
of  such  field  purchase  orders  shall  be  prescribed  by  the 
purchasing  agent  in  the  rules  and  regulations  formulated  pur- 
suant to  section  5  (b)  of  this  chapter. 

II.  Upon  the  joint  recommendation  of  the  purchasing 
agent  and  the  governing  board  of  any  agency,  the  governor  and 
council  in  their  discretion  may  authorize  such  governing  board, 
or  one  or  more  individuals  designated  by  such  governing  board, 
to  purchase  supplies  for  the  said  agency  directly  from  vendors 
in  such  quantities  and  for  such  sums  as  the  governor  and 
council  shall  prescribe;  provided,  however,  that  any  such 
authority  shall  be  subject  to  the  limitations  of  the  amounts 
appropriated  and  the  purposes  authorized  by  the  legislature 
for  the  said  agency,  and  provided  further  that  all  such  dele- 
gations of  purchasing  authority  as  provided  herein  shall  ex- 
pire on  December  thirty-first  of  the  even  numbered  years. 
Whenever  such  purchasing  authority  is  so  delegated  to  any 
agency,  the  requirements  of  paragraphs  (c)  (d)  and  (e)  of 
section  5  and  the  requirements  of  section  6  of  this  chapter,  as 
prescribed  for  the  purchasing  agent,  shall  apply  to  the  gov- 
erning board  or  the  authorized  agent  thereof  exercising  such 
delegated  authority. 

8.  Exceptions.  To  the  extent  indicated  in  this  section, 
the  following  agencies  and  purchases  are  excepted  from  the 
provisions  of  this  chapter.  All  purchases  so  excepted  shall  be 
made  in  accordance  with  the  existing  laws  governing  such  pur- 
chases : 

I.  University  of  New  Hampshire.  The  university  of 
New  Hampshire  shall  not  be  required  to  make  any  purchases 
through  the  purchasing  agent.  However,  the  purchasing 
agent  shall  cooperate  in  the  purchase  of  supplies  for  the  uni- 
versity whenever  requested  to  do  so  by  the  president  of  the 
university  or  his  authorized  agent,  and  in  making  such  pur- 


266  Chapter  227  [1949 

chases  the  purchasing  agent  shall  be  governed  by  the  pro- 
visions of  this  chapter. 

II.  State  liquor  commission.  The  purchasing  powers 
now  vested  in  the  state  liquor  commission  by  Revised  Laws, 
chapter  170,  sections  9,  14  and  15  shall  remain  in  effect.  All 
other  purchases  for  the  said  commission  shall  be  subject  to  the 
provisions  of  this  chapter. 

III.  Courts  and  state  library.  The  supreme  court,  the 
superior  court  and  the  state  reporter  are  excepted  entirely 
from  the  provisions  of  this  chapter.  The  state  library  is  ex- 
cepted in  the  matter  of  the  purchase  of  books  and  periodicals 
only;  in  respect  to  all  other  purchases  it  shall  be  subject  to  the 
provisions  of  this  chapter. 

IV.  Purchase  of  federal  surplus  property.  This  chapter 
shall  not  apply  to  purchases  by  the  purchasing  agent  pursuant 
to  chapter  116,  Laws  of  1945. 

V.  Purchase  of  supplies  by  contractors.  This  chapter 
shall  not  apply  to  any  contracts  made  or  entered  into  by  the 
purchasing  agent  or  any  agency  whereby  contractors  with  the 
state  purchase  their  own  supplies  upon  their  own  credit. 

9.  Additional  Purchases.  In  addition  to  the  foregoing 
duties  the  purchasing  agent  may  purchase  supplies  for  any 
county,  city,  town,  school  district,  special  district  or  precinct 
or  any  other  governmental  subdivision  whenever  the  govern- 
ing body  thereof  so  desires  and  the  purchasing  agent  deems 
that  he  can  make  such  purchases  advantageously. 

2.  Revocation  of  Existing  Purchasing  Authority.  The  pro- 
visions of  this  act  shall  supersede  any  existing  statutes  per- 
taining to  the  purchasing  authority  of  any  agency  of  the  state 
except  as  otherwise  provided  herein.  Any  statutes  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed  to 
the  extent  of  such  inconsistency. 

3.  Repeal.  Chapter  11  of  the  Revised  Laws  relative  to 
public  printing  is  hereby  repealed. 

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

[Approved  June  1,  1949.] 


1949]  Chapter  228  267 

CHAPTER  228. 

AN  ACT  RELATING  TO  THE  MUNICIPAL  BUDGET  LAW  AND  THE 
DUTIES  OF  OFFICIALS  THEREUNDER. 

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

1.  Municipal  Budget  Law.  Amend  section  2,  chapter  52, 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place   thereof   the    following:     2.     Budget    Committee.    The 

budget  committee  shall  consist  of  three,  six,  nine  or  twelve 
members-at-large  as  the  meeting  adopting  the  provisions  here- 
of shall  by  vote  determine,  and  one  member  chosen  by  the 
school  board  of  each  school  district  wholly  within  said  town, 
and  one  member  of  the  board  of  commissioners  of  each  village 
district  wholly  within  said  town  to  be  designated  by  said  board, 
and  one  member  of  the  board  of  selectmen  to  be  designated  by 
said  board.  The  members-at-large  may  either  be  appointed  by 
the  moderator  or  elected  by  the  town  meeting  as  any  annual 
meeting  may  by  vote  determine,  under  a  proper  article  in  the 
warrant  for  said  meeting,  provided,  however,  that  no  select- 
man, town  manager,  member  of  the  school  board  or  village 
district  commissioner  shall  serve  as  a  member-at-large.  The 
majority  of  the  members-at-large  shall  be  property  taxpayers 
and  one  of  said  members-at-large  shall  be  elected  by  the  budget 
committee  as  chairman.  If  said  members-at-large  are  elected 
at  the  town  meeting  it  shall  be  by  majority  vote  by  ballot  or 
acclamation  of  those  present  and  voting.  Where  said 
members-at-large  are  appointive  such  appointments  shall  be 
made  within  thirty  days  after  the  annual  town  meeting.  One 
third  of  the  members-at-large  shall  hold  office  for  one  year,  one 
third  for  two  years,  and  one  third  for  three  years  and  until 
their  successors  are  elected  or  appointed  and  qualified.  Vacan- 
cies in  the  membership-at-large  shall  be  filled  by  appointment 
by  the  moderator  and  such  appointments  shall  be  made  within 
five  days  from  the  creation  of  the  vacancy.  Such  appointees 
shall  hold  office  until  the  next  annual  town  meeting.  The 
members  selected  by  the  school  board,  the  village  district  com- 
missioners and  the  selectmen  shall  hold  office  for  one  year  and 
until  their  successors  are  qualified. 

2.  Reports.     Amend  chapter  52,  Revised  Laws,  by  insert- 
ing after  section  3-a  as  inserted  by  chapter  192,  Laws  of  1947, 


268  Chapter  228  [1949 

the  following  new  section:  3-b.  Reports.  Upon  completion 
of  the  budgets,  as  provided  in  sections  3  and  3-a  of  this  chapter, 
the  chairman  of  the  budget  committee  shall  forward  to  the 
state  tax  commission  a  copy  of  each  budget  as  approved  by  the 
budget  committee.  The  clerk  of  the  town,  the  school  district, 
or  the  village  district,  as  the  case  may  be,  shall  forward  to  the 
state  tax  commission  a  certified  copy  of  every  vote  taken  look- 
ing to  the  appropriation  of  money;  provided,  however,  that  if 
any  adjournment  of  such  meeting  be  taken,  the  report  of  such 
action  shall  be  forwarded  within  seven  days  of  the  date  of 
taking  such  action. 

3.  Emergencies.  Amend  section  5  of  chapter  52  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  5.  Exceeding  Appropriations.  In 
towns  adopting  the  provisions  of  this  chapter,  no  board  of 
selectmen,  school  board,  commissioners  of  a  village  district 
wholly  within  said  town,  or  other  expending  agency  shall  pay 
or  agree  to  pay  any  money  or  incur  any  liability  involving  the 
expenditure  of  money  for  any  purpose  for  which  an  appro- 
priation has  not  been  made,  or  in  excess  of  any  appropriation 
or  allotment  made  to  it,  except  for  the  purpose  of  paying  judg- 
ments rendered  against  the  town  or  school  district  or  said 
village  district,  provided,  however,  that  in  case  of  sudden  and 
unexpected  emergency  the  selectmen  or  village  commissioners 
on  application  to  the  tax  commission  and  the  school  board  on 
application  to  the  state  board  of  education,  after  hearing,  may 
be  given  a  certificate  of  emergency  authorizing  them  to  make 
such  expenditure  or  incur  such  liability,  provided  that  no  such 
certificate  of  emergency  shall  be  granted  unless  the  budget 
committee  of  the  town  has  approved  the  expenditure.  In  cases 
arising  during  the  year  following  the  annual  meeting  where 
changes  occur  which  make  it  unnecessary  to  use  the  amount 
appropriated  for  a  specific  purpose,  an  unexpended  balance  may 
be  transferred  by  the  board  of  selectmen  or  the  school  board 
or  the  village  commissioners  of  such  village  district  from  one 
appropriation  to  another,  provided  the  total  amount  expended 
for  all  purposes  does  not  exceed  the  total  amount  appropriated 
at  the  town,  school  or  village  district  meetings  for  all  purposes. 

4.  Duties  of  Town,  School  District,  and  Village  District 
Officials  and  of  the  Budget  Committee.  Further  amend  said 
chapter  52  of  the  Revised  Laws  by  inserting  after  section  6  the 


1949]  Chapter  229  269 

following  new  sections :  7.  Duty  of  Officials.  Upon  request  by 
the  budget  committee  the  selectmen,  town  manager,  school 
board,  or  village  district  commissioners  shall  forthwith  submit 
to  said  budget  committee  a  statement  of  all  expenditures  by 
them  made  in  such  detail  as  the  budget  committee  may  require. 
8.  Initiation  of  Removal  Proceedings.  Upon  receipt  of  the  re- 
ports provided  for  by  section  7  hereof,  the  budget  committee 
shall  examine  the  same  promptly,  and  if  it  shall  be  found  that 
the  selectmen,  town  manager,  school  board  or  village  district 
commissioners  have  failed  to  comply  with  the  provisions  of 
section  5  hereof  a  majority  of  said  committee,  at  the  expense 
of  the  town,  may  petition  the  superior  court  for  removal  as 
provided  in  section  6  of  this  chapter. 

5.     Takes  Effect.     This  act  shall  take  effect  January  1,  1950. 
[Approved  June  1,  1949.] 


CHAPTER  229. 

AN  ACT  RELATIVE  TO  STATE  BRIDGE  AID. 

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

1.  State  Bridge  Aid.  Amend  section  9  of  part  14  of  chapter 
90  of  the  Revised  Laws  as  inserted  by  chapter  188  of  the  Laws 
of  1945  by  striking  out  all  of  paragraph  I  after  the  figures, 
$3,200,  in  the  twelfth  line;  further  amend  said  section  by 
striking  out  all  of  paragraph  II  after  the  figures,  $4,000,  in  the 
twelfth  line;  further  amend  by  striking  out  all  of  paragraph 
III  after  the  figures,  $5,333,  in  the  ninth  line;  further  amend 
by  striking  out  all  of  paragraph  IV  after  the  figures,  $8,000, 
in  the  sixth  line ;  and  by  striking  out  all  of  paragraph  V  after 
the  word  "bridges"  in  the  third  line,  so  that  said  section  as 
amended  shall  read  as  follows:  9.  Cost;  How  Borne;  State 
Bridge  Aid.  When  public  convenience  and  necessity  require 
the  construction  or  reconstruction  of  any  bridge  on  a  class  II 
highway  the  cost  thereof  shall  be  borne  as  follows : 

I.  In  towns  whose  valuation  does  not  exceed  $250,000: 
the  town  shall  pay  one-third  and  the  state  two-thirds  for  bridges 
whose  cost  does  not  exceed  $3,000;  the  town  shall  pay  one- 
fourth  and  the  state  three-fourths  for  bridges  whose  cost  is 


270  Chapter  229  [1949 

more  than  $3,000  and  does  not  exceed  $6,000  provided  that  the 
town's  share  shall  not  be  less  than  $1,000;  the  town  shall  pay 
one-fifth  and  the  state  four-fifths  for  bridges  whose  cost  is 
more  than  $6,000  and  does  not  exceed  $16,000  provided  that 
the  town's  share  shall  not  be  less  than  $1,500;  the  town  shall 
pay  one-sixth  and  the  state  five-sixths  for  bridges  whose  cost 
exceeds  $16,000  provided  that  the  town's  share  shall  not  be 
less  than  $3,200. 

II.  In  towns  whose  valuation  is  more  than  $250,000 
and  not  more  than  $500,000:  the  town  shall  pay  one-half 
and  the  state  one-half  for  bridges  whose  cost  does  not 
exceed  $3,000;  the  town  shall  pay  one-third  and  the 
state  two-thirds  for  bridges  whose  cost  is  more  than  $3,000 
and  does  not  exceed  $6,000  provided  that  the  town's  share  shall 
not  be  less  than  $1,500;  the  town  shall  pay  one-fourth  and  the 
state  three-fourths  for  bridges  whose  cost  is  more  than  $6,000 
and  does  not  exceed  $16,000  provided  that  the  town's  share 
shall  not  be  less  than  $2,000;  the  town  shall  pay  one-fifth  and 
the  state  four-fifths  for  bridges  whose  cost  exceeds  $16,000 
provided  that  the  town's  share  shall  not  be  less  than  $4,000. 

III.  In  towns  whose  valuation  is  more  than  $500,000  and 
not  more  than  $1,000,000 :  the  town  shall  pay  one-half  and  the 
state  one-half  for  bridges  whose  cost  does  not  exceed  $6,000; 
the  town  shall  pay  one-third  and  the  state  two-thirds  for 
bridges  whose  cost  is  more  than  $6,000  and  does  not  exceed 
$16,000  provided  that  the  town's  share  shall  not  be  less  than 
$3,000;  the  town  shall  pay  one-fourth  and  the  state  three- 
fourths  for  bridges  whose  cost  exceeds  $16,000  provided  that 
the  town's  share  shall  not  be  less  than  $5,333. 

IV.  In  towns  whose  valuation  is  more  than  $1,000,000 
and  not  more  than  $1,500,000:  the  town  shall  pay  one-half 
and  the  state  one-half  for  bridges  whose  cost  does  not  exceed 
$16,000;  the  town  shall  pay  one-third  and  the  state  two-thirds 
for  bridges  whose  cost  exceeds  $16,000  provided  that  the 
town's  share  shall  not  be  less  than  $8,000. 

V.  In  towns  whose  valuation  is  more  than  $1,500,000 :  the 
town  shall  pay  one-half  and  the  state  one-half  for  all  bridges. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  1,  1949.] 


1949]  Chapter  230  271 

CHAPTER  230. 

AN  ACT  RELATIVE  TO  MAINTENANCE  OF  RECREATIONAL  ROADS. 

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

1.  Classification  of  Highways.  Amend  section  6  of  part  2 
of  chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188 
of  the  Laws  of  1945  and  as  amended  by  section  2,  chapter  215, 
Laws  of  1947,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  6.  Class  IH  Recreational 
Roads.  The  state  highway  department  shall  assume  full  con- 
trol of  reconstruction  and  maintenance  of  roads  designated  by 
the  forestry  and  recreation  commission  and  highway  commis- 
sioner 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  Washing- 
ton; White  Lake  State  Park  in  the  town  of  Tam worth;  Paw- 
tuckaway  State  Reservation  in  the  towns  of  Nottingham  and 
Deerfield;  Milan  Hill  State  Park  in  the  town  of  Milan;  Cardi- 
gan State  Reservation  in  the  town  of  Orange ;  Kearsarge  State 
Reservation  in  the  town  of  Wilmot;  Mt.  Sunapee  State  Park 
in  the  town  of  Newbury;  Rhododendron  State  Reservation  in 
the  town  of  Fitzwilliam;  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  be  con- 
strued as  affecting  the  control  of  the  forestry  and  recreation 
department  over  parking  areas  or  other  facilities  within  said 
reservations. 

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

[Approved  June  1,  1949.] 


272  Chapters  231, 232  [1949 

CHAPTER  231. 

AN  ACT  RELATING  TO  RESTRICTED  INSTRUCTION  PERMIT  FOR 
MOTOR  VEHICLE  OPERATORS. 

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

1.  Operation  of  Motor  Vehicles.  Amend  chapter  117  of  the 
Revised  Laws  by  inserting  after  section  4  the  following  new 
section:  4-a.  Restricted  Instruction  Permit.  The  commis- 
sioner upon  receiving  proper  application  may,  in  his  dis- 
cretion, issue  a  restricted  instruction  permit,  effective  for  a 
school  year  or  more  restricted  period,  to  an  applicant  who  is 
enrolled  in  a  driver-training  program  approved  by  the  motor 
vehicle  department  provided  that  the  applicant  is  at  least 
fifteen  years  of  age.  Such  instruction  permit  shall  entitle  the 
permittee  when  he  has  such  permit  in  his  immediate  possession 
to  operate  a  motor  vehicle  on  a  designated  highway  only  or 
within  a  designated  area  but  only  when  an  approved  instructor 
is  occupying  a  seat  beside  the  permittee.  Said  instructor  shall 
be  approved  by  the  motor  vehicle  commissioner, 

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

[Approved  June  1,  1949.] 


CHAPTER  232. 


AN  ACT  RELATING  TO  TURNING  MOVEMENTS  BY  MOTOR  VEHICLES 
ON  PUBLIC  HIGHWAYS. 

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

1.  Operation  of  Motor  Vehicles.  Amend  chapter  119  of  the 
Revised  Laws  by  inserting  after  section  18  the  following  new 
sections :   18-a.  Turning  Movements  and  Required  Signals.  No 

person  shall  turn  a  vehicle  at  an  intersection  or  turn  a  vehicle 
to  enter  a  private  road  or  driveway  or  otherwise  turn  a  vehicle 
from  a  direct  course  or  move  right  or  left  upon  a  highway  un- 
less and  until  such  movement  can  be  made  with  reasonable 
safety.  No  person  shall  so  turn  any  vehicle  without  giving  an 
appropriate  signal  in  the  manner  hereinafter  provided  in  tlie 


1949]  Chapter  233  273 

event  any  other  traffic  may  be  affected  by  such  movement.  A 
signal  of  intention  to  turn  right  or  left  when  required  shall  be 
given  continuously  during  not  less  than  the  last  one  hundred 
feet  traveled  by  the  vehicle  before  turning.  No  person  shall  stop 
or  suddenly  decrease  the  speed  of  a  vehicle  without  first  giving 
an  appropriate  signal  in  the  manner  provided  herein  to  the 
driver  of  any  vehicle  immediately  to  the  rear  when  there  is 
opportunity  to  give  such  signal.  18-b.  Signals  by  Hand  and  Arm 
or  Signal  Device.  Any  stop  or  turn  signal  when  required  here- 
in shall  be  given  either  by  means  of  the  hand  and  arm  or  by  a 
signal  lamp  or  lamps  or  mechanical  signal  device  of  a  type 
approved  by  the  commissioner,  but  when  a  vehicle  is  so  con- 
structed or  loaded  that  a  hand-and-arm  signal  would  not  be 
visible  both  to  the  front  and  rear  of  such  vehicle  then  said 
signals  must  be  given  by  such  a  lamp  or  lamps  or  signal  de- 
vice. 18-c.  Method  of  Giving  Hand-and-Arms  Signals.  All 
signals  herein  required  given  by  hand  and  arm  shall  be  given 
from  the  left  side  of  the  vehicle  in  the  following  manner  and 
such  signals  shall  indicate  as  follows : 

(1)  Left  turn — hand  and  arm  extended  horizontally. 

(2)  Right   turn — hand   and   arm   extended   horizontally, 
rotate  hand. 

(3)  Stop    or   decrease    speed — hand   and   arm    extended 
downward. 

2.     Takes  Effect.     This  act  shall  take  effect  October  1, 
1949. 
[Approved  June  1,  1949.] 


CHAPTER  233. 


AN    ACT    DEFINING    "HIGHWAY    BUILDING    EQUIPMENT" 
UNDER  THE  MOTOR  VEHICLE  LAWS. 

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

1.  Motor  Vehicle  Law  Definitions.  Amend  paragraph  XI 
of  section  1  of  chapter  115  of  the  Revised  Laws  by  inserting 
after  the  word  "tractors"  in  the  fourth  line  the  words,  and 
such  other  items  of  equipment  which  in  the  opinion  of  the  com- 
missioner have  no  usefulness  upon  the  highways  except  for 


274  Chapter  234  [1949 

the  building,  repair  or  maintenance  of  highways,  so  that  said 
paragraph  as  amended  shall  read  as  follows:  XL  "Highway 
building  equipment"  shall  include  all  bulldozers,  rollers, 
scrapers,  graders,  spreaders,  pavers,  bituminous  mixers,  re- 
treading machines,  compressors,  power  shovels,  excavators, 
wagons,  concrete  mixers,  bucket  loaders,  snow  loaders,  rooters, 
scarifiers  and  tractors,  and  such  other  items  of  equipment 
which  in  the  opinion  of  the  commissioner  have  no  usefulness 
upon  the  highways  except  for  the  building,  repair  or  mainte- 
nance of  highways,  while  being  used  in  connection  with  the 
building,  repair  or  maintenance  of  highways  or  while  being 
transported  or  moved  over  the  highways  under  a  permit  from 
the  board  or  officer  having  charge  of  such  highway,  or,  in  the 
case  of  a  state  highway  or  highway  determined  by  the  state 
highway  department  to  be  a  through  route,  from  the  state 
highway  commissioner,  and  such  permit  may  limit  the  time 
within  which  it  shall  be  in  force  and  the  highways  which  may 
be  used  and  may  contain  any  provisions  or  conditions  necessary 
for  the  protection  of  such  highways  from  injury.  Road  oil- 
ers, bituminous  distributors  and  heavy  duty  platform  trailers 
and  semi-trailers  are  expressly  excepted  from  this  definition, 

2.     Takes    Effect.      This   act    shall   take   effect   upon   its 
passage. 
[Approved  June  1,  1949.] 


CHAPTER  234. 

AN  ACT  RELATIVE  TO  CRUDE  PETROLEUM. 

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

1.  Repeal.  Sections  28,  29  and  30  of  chapter  193  of  the 
Revised  Laws  relative  to  storage,  licenses,  and  penalty  re- 
spectively, of  crude  petroleum  or  any  of  its  products  are  hereby 
repealed. 

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

[Approved  June  1,  1949.] 


1949]  Chapters  235,  236  275 

CHAPTER  235. 

an  act  for  aid  in  the  development  of  the  port  of 
Portsmouth. 

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

1.  Plainning  and  Development  Commission.  Amend 
chapter  27  of  the  Revised  Laws  by  inserting  after  section  43 
the  following  new  section:     43-a.     Port  of  Portsmouth.     The 

commission  is  authorized  and  directed  to  appoint  an  advisory 
committee  of  five  persons  to  work  with  and  assist  the  commis- 
sion in  establishing  plans  for  the  development  of  the  Port  of 
Portsmouth  along  lines  consistent  with  clear  economic  trends. 
Two  of  the  members  of  said  advisory  committee  shall  be  resi- 
dents of  the  city  of  Portsmouth  and  three  members  shall  be 
residents  of  the  seacoast  area. 

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

[Approved  June  1,  1949.] 


CHAPTER  236. 


AN  ACT  RELATING  TO  THE  APPOINTMENT  OF  A  SPECIAL 
CONSULTANT  TO  THE  HIGHWAY  COMMISSIONER. 

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

1.  Appointment.  A  special  consultant  to  the  highway  com- 
missioner, who  shall  be  specially  qualified  to  act  as  a  con- 
sultant upon  questions  of  policy  affecting  the  organization  and 
work  of  the  highway  department,  may  be  appointed  and  com- 
missioned by  the  governor  for  a  term  beginning  July  1,  1949 
and  ending  October  9,  1950.  He  shall  receive  the  same  salary 
as  the  commissioner  and  shall  be  reimbursed  for  his  actual  ex- 
penses incurred  in  the  performance  of  his  duties.  Said  salary 
and  expenses  shall  be  charged  upon  the  funds  of  the  highway 
department. 

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

[Approved  June  7,  1949.] 


276  Chapters  237, 238  [1949 

CHAPTER  237. 

AN  ACT  RELATING  TO  THE  TAKING  OF  STRIPED  BASS  AND 

PROHIBITING  THE  SALE  OF  OYSTERS  FROM  CERTAIN 

WATERS. 

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

1.  Regulations.  Amend  section  59-a  of  chapter  245  of  the 
Revised  Laws  as  inserted  by  chapter  67  of  the  Laws  of  1945 
by  adding-  at  the  end  thereof  the  words :  No  person  shall  take 
striped  bass  less  than  sixteen  inches  in  length  measured  from 
the  apex  of  the  fork  of  the  tail  to  the  farthest  extremity  of  the 
head,  so  that  said  section  as  amended  shall  read  as  follows: 
59-a.  Striped  Bass.  No  person  shall  take  striped  bass  by  the 
use  of  a  seine,  weir  or  net.  No  person  shall  take  striped  bass 
less  than  sixteen  inches  in  length  measured  from  the  apex  of 
the  fork  of  the  tail  to  the  farthest  extremity  of  the  head. 

2.  Oysters.  Amend  chapter  245  of  the  Revised  Laws  by 
inserting  after  section  61  the  following  new  section:  61-a. 
Sale  Prohibited.  No  person  shall  at  any  time  sell  or  take  for 
sale  oysters  from  Great  Bay  or  its  tributaries,  Little  Bay  or 
Durham  River,  or  from  the  Piscataqua  River. 

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

[Approved  June  7,  1949.] 


CHAPTER  238. 


an  act  relative  to  the  salaries  of  the  commissioners  of 
Rockingham  county. 

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

1.  Rockingham  County.  For  each  of  the  periods  from 
January  1,  1949  to  January  1,  1950  and  from  January  1,  1950 
to  January  1,  1951  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  compen- 
sation shall  be  in  addition  to  the  salary  provided  for  said  com- 


1949]  Chapters  239,  240  277 

missioners  by  section  27  of  chapter  47  of  the  Revised  Laws  as 
amended.  The  additional  compensation  provided  by  this  act 
shall  be  payable  as  provided  in  said  section  27. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  January  1, 
1949. 
[Approved  June  7, 1949.] 


CHAPTER  239. 

AN  ACT  RELATING  TO  NOTICE  OF  TAX  SALES. 

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

1.  Tax  Sales.  Amend  chapter  80  of  the  Revised  Laws  by 
inserting  after  section  26  the  following  new  section:  26-a. 
Real  Estate  Subject  to  Liens  for  Old  Age  Assistance.     No  tax 

sale  of  real  estate  upon  which  there  is  a  lien  for  old  age  assist- 
ance recorded  in  the  registry  of  deeds  shall  be  valid  as  against 
the  state  of  New  Hampshire  unless  the  purchaser  at  the  tax 
sale  shall  notify  in  writing  the  commissioner  of  public  wel- 
fare, within  thirty  days  from  the  date  of  such  sale.  Such 
notice  shall  contain  the  date  of  the  tax  sale,  the  name  of  the 
delinquent  taxpayer,  the  total  amount  for  which  the  real  estate 
was  sold  and  amount  of  costs  for  notifying  the  commissioner  of 
public  welfare.  Such  costs  shall  be  the  same  as  for  notifying 
mortgagees. 

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

[Approved  June  7,  1949.] 


CHAPTER  240. 

AN  ACT  RELATING  TO  SEPARATE  MAINTENANCE. 

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

1.  Pending  Divorce  Proceedings.  Amend  section  14  of 
chapter  339  of  the  Revised  Laws  by  striking  out  the  same  and 
inserting   in   place   thereof   the   following:     14.    Temporary 


278  Chapter  241  [1949 

Orders.  After  the  filing  of  a  libel  for  divorce,  the  superior 
court,  or  any  justice  thereof,  may  restrain  either  party  from 
imposing  any  restraint  upon  the  person  or  liberty  of  the  other, 
or  from  entering  the  tenement  wherein  the  other  resides  during 
the  pendency  of  the  libel  and,  during  such  pendency,  may  order 
a  temporary  allowance  to  be  paid  for  the  support  of  the  other, 
and  may  make  such  orders  respecting  the  custody  and  mainte- 
nance of  the  minor  children  of  the  parties  as  shall  be  deemed 
expedient  and  for  the  benefit  of  the  children. 

2.  Separate  Maintenance.  Amend  section  29  of  chapter  339 
of  the  Revised  Laws  by  striking  out  the  same  and  inserting  in 
place  thereof  the  following:  29.  Orders  for  Support.  When- 
ever either  party  is  insane,  or  whenever  a  cause  is  in  existence 
which  is,  or  if  continued  will  be,  a  cause  for  divorce,  the 
superior  court,  upon  petition  and  such  procedure  thereon  as  in 
divorce  cases,  may  restrain  either  party  from  interfering  with 
the  personal  liberty  of  the  other  and  from  entering  the  tene- 
ment wherein  the  other  resides,  may  grant  temporarily  or 
permanently  the  custody,  care,  education  and  maintenance  of 
their  minor  children,  if  any,  and  may  make  reasonable  allow- 
ance for  support,  all  subject  to  such  limitations  and  conditions 
as  the  court  shall  deem  just. 

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

[Approved  June  7,  1949.] 


CHAPTER  241. 

AN  ACT  RELATIVE  TO  COMMUNICABLE  DISEASES. 

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

1.  New  Chapter.  Amend  chapter  156  of  the  Revised  Laws 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following : 

Chapter  156 

Communicable  Diseases 

1.     Reporting  of  Communicable  Disease.     Any  physician, 

the  superintendent  or  other  person  in  charge  of  any  hospital, 

dispensary  or  other  institution,  or  any  other  person  having 


1949]  Chapter  241  279 

under  his  care  or  observation  a  person  affected  with  a  com- 
municable disease,  or  any  other  condition  required  by  the  state 
board  of  health  to  be  reported  shall  report  the  same  immedi- 
ately to  the  local  board  of  health  of  the  town  in  which  the  dis- 
ease is  found,  or  to  the  state  department  of  health,  as  may  be 
required  by  regulation  of  the  state  board  of  health,  and  the 
report  shall  include  the  name,  age,  address,  and  occupation  of 
the  patient. 

2.  Report  Forms.  Upon  the  appearance  of  any  disease 
required  by  law  or  by  the  state  board  to  be  reported,  the  local 
board  or  others  so  required  shall  make  reports  to  the  state  de- 
partment of  health  at  such  intervals  and  in  such  manner  as 
the  state  board  may  prescribe. 

3.  Quarantine  or  Isolation.  A  health  officer,  whenever  it 
shall  come  to  his  knowledge  that  a  case  or  presumptive  case  of 
infectious  or  contagious  disease  exists  within  his  jurisdiction, 
shall  enforce  as  minimum  requirements  the  provisions  of  all 
regulations  established  by  the  state  board  of  health  relating 
to  the  isolation  and  quarantine  of  cases,  carriers,  or  suspected 
cases  or  carriers  as  may  be  necessary  to  prevent  the  spread  of 
such  disease,  and  may  immediately  cause  any  person  infected 
with  such  disease  to  be  removed  to  some  suitable  place  if  in  the 
opinion  of  the  health  officer  or  state  health  officer,  such  person 
can  be  so  removed  without  endangering  the  life  of  the  person ; 
if  such  infected  person  cannot  be  removed  without  danger  to 
his  life,  the  health  officer  shall  impose  such  isolation  and 
quarantine  measures  upon  the  infected  person  as  may  be 
deemed  necessary  to  prevent  the  spread  of  disease  to  others  and 
thereby  protect  the  pubhc  health.  Any  person  having  or 
suspected  of  having  a  communicable  disease,  any  person  who  is 
a  communicable  disease  carrier  or  contact  or  any  person  who  is 
suspected  of  being  a  communicable  disease  carrier  or  contact 
shall,  when  directed  by  a  health  officer,  submit  to  an  exami- 
nation for  the  purpose  of  determining  the  existence  of  a  com- 
municable disease.  Such  persons  shall  submit  specimens  of 
body  secretions,  excretions,  body  fluids,  and  discharges  for 
laboratory  examinations  when  so  directed  by  a  health  officer  or 
his  agent. 

4.  Public  Assistance.  Whenever  any  person  or  family 
is  placed  in  quarantine  by  a  board  of  health  to  protect  the 
public,  it  shall  be  the  duty  of  said  board  to  assist  such  person 


280  Chapter  241  [1949 

or  family  while  in  quarantine,  in  such  manner  as  in  the  judg- 
ment of  the  board  may  be  deemed  wise  or  necessary. 

5.  Effect.  All  expenses  thus  incurred,  or  such  part 
thereof  as  the  board  may  determine,  shall  be  deemed  a  legiti- 
mate expenditure  for  the  protection  of  the  public  health,  and 
shall  be  charged  to  the  account  of  incidental  expenses,  but  not 
to  any  indigent  or  pauper  account;  nor  shall  such  expenditure 
be  a  public  aid  to  the  person  or  persons  so  quarantined  and 
assisted,  unless  such  person  or  persons  are  already  paupers. 

6.  Quarantine  Cards.  The  state  board  shall  cause  to  be 
printed,  for  the  use  of  local  boards,  quarantine  cards  or  notices 
containing  such  orders  or  instructions  as  may  be  deemed 
necessary  or  advisable.  No  person  shall  remove,  deface  or  de- 
stroy a  quarantine  card  or  notice  when  posted  by  the  local 
board,  and  said  card  shall  remain  in  place  until  its  removal  is 
authorized  by  the  local  board. 

7.  Disinfection.  At  a  proper  time  after  the  conva- 
lescence or  death  of  the  infected  person,  the  local  board  shall 
cause  the  infected  premises  to  be  thoroughly  disinfected  and 
cleansed,  so  as  effectually  to  destroy  all  contagion,  said  work 
to  be  carried  out  according  to  methods  indorsed  and  recom- 
mended by  the  state  board,  after  which  the  premises  may  be 
released  from  quarantine. 

8.  Conferences.  It  shall  be  the  duty  of  a  health  officer, 
or  a  representative  of  a  local  board,  to  attend  a  meeting  of  the 
state  board,  when  requested  by  the  latter,  for  consultation  on 
the  restriction  and  prevention  of  contagious  and  infectious  dis- 
eases, or  for  the  consideration  of  other  important  sanitary 
matters. 

9.  Common  Cup.  The  state  board  of  health  may  prohibit 
in  such  public  places,  vehicles  or  buildings  as  it  may  designate 
the  providing  of  a  common  drinking  cup,  and  may  establish 
rules  and  regulations  for  this  purpose. 

10.  Common  Towel.  The  use  of  the  common  towel  is 
hereby  prohibited  in  all  public  places,  vehicles  or  buildings. 
The  state  board  of  health  shall  enforce  this  provision. 

11.  Venereal  Disease.  Tlie  state  board  of  health  through 
its  duly  appointed  licensed  physicians,  as  agents,  is  authorized 
to  require  the  examination,  detention,  quarantine  and  treat- 
ment of  any  person  reasonably  suspected  of  having  been  ex- 
posed to,  or  of  having  exposed,  or  of  exposing,  another  person 


1949]  Chapter  242  281 

or  persons  to  a  venereal  disease  and  to  make  rules  and 
regulations  for  such  examination,  detention,  quarantine  and 
treatment. 

12.  Mode  of  Treatment.  Nothing  in  this  act  shall  be 
construed  to  empower  or  authorize  a  health  officer  or  his  desig- 
nated agent  to  restrict  in  any  manner  the  individual's  right 
to  select  the  mode  of  treatment  of  his  choice  nor  to  require 
any  physical  examination  or  medical  treatment  of  a  patient 
who  in  good  faith  relies  upon  spiritual  means  or  prayer  for 
healing,  nor  shall  such  reliance  or  treatment  be  considered  a 
danger  or  menace  to  others  under  any  provisions  of  this  act, 
provided  that  the  sanitary  and  quarantine  laws,  rules  and 
regulations  relating  to  infectious,  contagious  and  communicable 
diseases  are  complied  with. 

13.  Penalty.  Any  person  who  shall  violate,  disobey,  re- 
fuse, omit  or  neglect  to  comply  with  any  of  the  provisions  of 
this  chapter  or  of  the  rules  and  regulations  established  by  the 
state  board  of  health  hereunder  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  thousand  dollars,  or  im- 
prisoned not  exceeding  twelve  months. 

2.    Takes    Effect.       This    act    shall   take    effect   upon    its 
passage. 
[Approved  June  9,  1949.] 


CHAPTER  242. 


AN  ACT  AMENDING  PROVISIONS  RELATIVE  TO  ROAD  USE  TAX 
ON  CERTAIN  OUT-OF-STATE  VEHICLES. 

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

1.  Out-of -State  Vehicles.  Amend  section  19-a  of  chapter 
120  of  the  Revised  Laws  as  inserted  by  chapter  169  of  the 
Laws  of  1949  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  19-a.  Additional  Tax  or  Toll.  When 
under  the  laws  of  any  other  state  any  tax  or  toll,  additional  to 
that  imposed  by  this  state,  is  imposed  upon  the  use  of  any 
motor  fuel  not  purchased  within  such  other  state  by  motor 
vehicles  registered  in  this  state  and  not  registered  in  such 
other  state,  an  additional  tax  or  toll,  computed  and  applied  in 


282  Chapter  243  [1949 

the  same  manner  as  the  additional  tax  or  toll  of  such  other 
state  but  based  upon  the  road  toll  provided  by  section  6  of 
chapter  120  of  the  Revised  Laws  as  now  or  hereafter  amended, 
shall  be  imposed  by  this  state  upon  the  use  of  motor  fuel  by 
motor  vehicles  registered  in  such  other  state  and  not  registered 
in  this  state,  so  long  as  the  additional  tax  or  toll  of  such  other 
state  shall  remain  in  force.  Penalties  and  remedies  for  viola- 
tions of  the  provisions  of  this  section  shall  be  the  same  as  those 
imposed  by  such  other  state  for  violations  of  the  provisions 
relative  to  its  additional  tax  or  toll.  The  commissioner  may 
make  such  rules  and  regulations  as  are  necessary  to  carry  out 
the  provisions  of  this  section. 

2.    Takes   Effect.      This    act    shall   take   effect    upon    its 
passage. 
[Approved  June  9,  1949.] 


CHAPTER  243. 

AN  ACT  LICENSING  CHILD-PLACING  AND  CHILD-CARING  AGENCIES. 

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

1.  Public  Welfare.  Amend  chapter  130  of  the  Revised 
Laws,  as  amended  by  section  2  of  chapter  48  of  the  Laws  of 
1947  and  chapter  17  of  the  Laws  of  1943,  by  striking  out  said 
chapter  and  inserting  in  place  thereof  the  following: 

Chapter  130 
Child-Placing  and  Child-Caring  Agencies 

1.  Child-Placing  Agency.  A  child-placing  agency  is  de- 
fined for  the  purposes  of  this  chapter  as  any  person,  firm, 
corporation  or  association  who  places  or  assists  in  the  place- 
ment of  any  child  under  the  age  of  sixteen  other  than  his  own 
in  homes  of  persons  other  than  relatives  by  blood  or  marriage 
for  adoption  or  foster  care. 

2.  Child-Caring  Agency.  A  child-caring  agency  is  de- 
fined for  the  purposes  of  this  chapter  as  any  person,  firm, 
corporation  or  association  who  operates  or  maintains  a  board- 
ing house  or  foster  home  for  children  or  who  receives  for  foster 
care,  control  or  custody  one  or  more  children  under  the  age  of 


1949]  Chapter  243  283 

sixteen  not  related  by  blood  or  marriage  and  separated  from 
parent  or  guardian,  except  children  committed  by  any  court. 
The  term  "child-caring  agency"  shall  not  apply  to  horm  fide 
summer  camps,  hospitals,  day  nursery  schools  or  to  any  school 
in  which  graded  education  is  given. 

3.  Prohibition.  It  shall  be  unlawful  for  any  person,  firm, 
corporation  or  association  to  establish,  maintain,  operate  or 
serve  as  a  child-placing  agency  or  child-caring  agency  unless 
licensed  to  do  so  by  the  commissioner  of  public  welfare.  Pro- 
vided, that  this  section  shall  not  apply  to  state,  county  and 
town  officials  performing  authorized  welfare  functions,  nor 
shall  it  apply  to  any  person  having  the  care,  custody  or  control 
of  a  child  which  child  has  been  placed  in  such  person's  home  by 
a  licensed  child-placing  agency  or  by  such  child's  parent  or 
guardian,  with  a  view  to  adoption. 

4.  License.  The  commissioner  of  public  welfare  shall 
have  power  to  grant  a  license,  for  a  term  of  one  year,  to  a  child- 
placing  or  child-caring  agency  which  the  commissioner,  after 
investigation,  finds  to  be  needed  for  the  public  good  and  which 
he  finds  to  be  qualified  both  to  perform  the  services  proposed 
to  be  rendered  and  to  conform  to  the  provisions  of  this  chapter 
and  the  applicable  rules  and  regulations  prescribed  by  the 
board  of  public  welfare.  Application  for  the  license  sought 
shall  be  in  writing  upon  forms  prescribed  by  the  board  of  public 
welfare.  Such  license  may  be  renewed  from  year  to  year  upon 
such  terms  and  conditions  as  the  commissioner  may  prescribe. 
Provisional  license  which  shall  not  be  renewable  except  for 
good  cause  shown  may  be  granted  for  a  period  not  exceeding 
six  months  to  agencies  whose  services  the  commissioner  finds 
are  needed  but  which  are  temporarily  unable  to  conform  to  the 
qualifications  for  an  annual  license, 

5.  Revocation  and  Hearing.  The  commissioner  of  public 
welfare  shall  have  the  power  to  revoke,  refuse  to  grant  or  re- 
new any  license  issued  pursuant  to  this  chapter  for  the 
violation  of  any  provision  of  this  chapter,  or  any  rule  or 
regulation  issued  by  the  board.  Notice  in  writing,  stating  the 
grounds  of  the  revocation  or  refusal  to  grant  or  renew  a 
license,  shall  be  sent  by  registered  mail  to  the  licensee  or 
applicant  together  with  a  statement  of  the  right  of  the  licensee 
or  applicant  to  request  a  hearing  before  the  board  of  public 
welfare.     Within  seven  days  from  the  receipt  of  such  notice 


284  Chapter  243  [1949 

the  licensee  or  applicant  may  file  with  the  board  a  request  for 
a  hearing  before  the  board,  which  shall  be  held  not  less  than 
seven  days  nor  more  than  twenty-one  days  after  receipt  of  such 
request.  At  such  hearing  the  licensee  or  applicant  shall  have 
the  right  to  be  represented  by  counsel,  present  testimony  and 
confront  witnesses,  and  the  common  law  rules  of  evidence  shall 
not  apply.  The  board  shall  within  ten  days  of  such  hearing 
render  its  decision  in  writing  setting  forth  its  reasons. 

6.  Appeal.  Any  agency  aggrieved  by  any  decision  of  the 
board  of  public  welfare  may  apply  for  a  rehearing  or  appeal  to 
the  supreme  court  in  accordance  with  the  provisions  of  chapter 
414  of  the  Revised  Laws. 

7.  Rules  and  Regulations.  The  board  of  public  welfare 
shall  make  and  establish  adequate  standards  of  child  care  for 
child-placing  agencies  and  child-caring  agencies  and  shall  pre- 
scribe suitable  rules  and  regulations  to  govern  the  activities 
of  such  agencies.  Such  rules  and  regulations  shall  become 
effective  after  they  shall  have  been  filed  in  the  office  of  the 
secretary  of  state  and  shall  thereupon  have  the  force  and 
effect  of  law.     . 

8.  Record.  The  department  of  public  welfare  shall  keep 
a  record  of  licenses  issued  by  the  commissioner  under  the 
provisions  of  this  chapter.  When  a  license  is  issued  to  a  child- 
caring  agency,  said  department  shall  give  notice  to  the  boai'd 
of  health  of  the  city  or  town  in  which  the  licensee  is  located 
stating  the  granting  of  such  license  and  its  terms.  A  like 
notice  shall  be  given  of  any  revocation  of  such  license. 

9.  Visitation.  The  commissioner  of  public  welfare  and 
boards  of  health  of  cities  and  towns  shall  annually,  and  may  at 
any  time,  visit  and  inspect,  or  designate  a  person  to  visit  and 
inspect  premises  so  licensed.  Such  premises  shall  be  also  sub- 
ject to  visitation  and  inspection  at  any  time  by  the  solicitor  of 
the  county,  the  selectmen,  and  police  officers  of  the  city  or 
town. 

10.  Notice  of  Death.  In  the  case  of  death  of  any  child 
under  the  control  of  any  hcensed  child-caring  agency,  the 
licensee  shall  give  notice  thereof  to  the  department  of  public 
welfare  within  twenty-four  hours  thereafter  stating  the  date 
and  cause  of  death,  duration  of  the  last  illness  and  the  names 
and  addresses  of  the  attending  physician  and  undertaker. 


1949]  Chapter  243  285 

11.  Cruelty.  If  facts  shall  come  to  the  attention  of  any 
physician,  undertaker,  officer  authorized  to  issue  burial  per- 
mits, or  other  person,  indicating  that  any  child  kept  at  a  child- 
caring  agency  is  being  cruelly  treated  or  that  its  life  or  health 
is  endangered  by  lack  of  suitable  nourishment,  care,  nursing 
or  medical  attendance,  or  that  the  death  of  any  child  at  such 
an  agency  may  have  been  occasioned  by  such  cruelty  or  neglect, 
such  person  shall  forthwith  under  penalty  of  a  fine  of  ten 
dollars  for  each  day's  failure,  give  notice  thereof  to  the  depart- 
ment, to  the  county  solicitor,  or  police  authorities. 

12.  Prosecution.  Upon  receipt  of  such  notice,  the  de- 
partment of  public  welfare  may,  and  said  solicitor  or  police 
authorities  shall,  immediately  investigate  the  case  and  it  shall 
be  the  duty  of  said  solicitor  or  police  authorities  to  cause  the 
custodian  of  such  child  to  be  prosecuted  if  probable  cause  there- 
for appears. 

13.  Notice  of  Placing.  Whoever  receives  under  his  care 
or  control,  and  whoever  places  under  the  care  or  control  of  an- 
other, for  a  period  of  more  than  thirty  days,  a  child  under  the 
age  of  sixteen  not  related  by  blood  or  marriage  to  the  person 
receiving  such  child,  whether  for  adoption  or  otherwise,  shall 
within  two  days  thereafter  give  notice  thereof,  and  of  the 
terms  upon  which  such  child  was  received,  to  the  department 
of  public  welfare  with  the  name,  age,  and  residence  of  the 
child,  the  parents  and  the  persons  from  whom  and  by  whom 
the  child  was  received. 

14.  Investigation.  The  commissioner  may  investigate 
such  cases  and  make  such  recommendations  as  he  deenis  ex- 
pedient, and  at  any  time  previous  to  a  decree  of  adoption  may 
take  any  child  into  his  custody,  if  in  his  judgment  the  public 
interest  and  the  protection  of  the  child  so  require. 

15.  Application  to  Court.  If  such  recommendations  are 
not  complied  with,  the  commissioner  may  apply  to  any  justice 
of  the  superior  court,  or  to  the  judge  of  probate  in  the  county 
where  the  child  is,  who  after  notice  to  the  parents  of  such  child 
or  to  the  persons  delivering  and  receiving  it,  may  make  and  en- 
force appropriate  orders  for  the  care,  custody,  protection  and 
maintenance  of  such  child,  and  upon  notice  may  from  time  to 
time  revise  said  orders. 

16.  Placing  of  Children.  The  parents,  surviving  parent, 
or  guardian  of  a  child  under  the  age  of  sixteen,  if  unable  to 


286  Chapter  244  [1949 

support  it,  may  by  an  instrument  in  writing  place  such  child  in 
the  commissioner's  charge  or  in  the  charge  of  any  licensed 
child-placing  agency  and  if  the  commissioner  or  such  agency 
considers  such  action  for  the  public  interest,  they  may  receive 
such  child  and  shall  thereupon  have  its  custody  to  the  extent 
of  the  provisions  of  chapter  127,  section  15  of  the  Revised 
Laws  as  amended. 

17.  Illegitimates.  The  mother  of  an  illegitimate  child 
under  the  age  of  sixteen  who  is  a  resident  of  this  state  may  by 
an  instrument  in  writing,  signed  by  her,  and  with  the  consent 
of  the  commissioner  or  any  licensed  child-placing  agency,  give 
up  such  child  for  adoption  to  the  commissioner  or  any  of  said 
agencies,  and  either  of  them  may,  if  the  action  is  deemed  for 
the  public  interest,  receive  such  child  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  sub- 
sequently approved  by  the  commissioner  or  such  agency. 

18.  Penalty.  Whoever  violates  the  provisions  of  this 
chapter,  or  any  rule  or  regulation  of  the  board  of  public  wel- 
fare pursuant  thereto,  shall  be  fined  not  more  than  one  hun- 
dred dollars,  or  imprisoned  not  more  than  one  year,  or  both. 

2.     Takes  Effect.     This  act  shall  take  effect  January  1,  1950. 
[Approved  June  13,  1949.] 


CHAPTER  244. 

AN  ACT  RELATING  TO  FOREST  FIRES. 

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

1.  Fire  Prevemtion.  Amend  section  4  of  chapter  233  of  the 
Revised  Laws  as  inserted  by  section  2  of  chapter  184  of  the 
Laws  of  1945,  by  inserting  after  paragraph  I  the  following  new 
paragraph :  I-a.  The  director  of  forestry  shall  be  responsible 
for  the  overall  prevention  and  control  of  forest  and  brush  fires 
throughout  the  state  except  within  the  boundaries  of  the 
White  Mountain  National  Forest. 

2.  Fire  Employees.  Amend  chapter  233  of  the  Revised 
Laws  by  striking  out  section  5  and  inserting  in  place  thereof 
the  following:     5.     Co-operation.     The   director   of   forestry 


1949]  Chapter  244  287 

shall  direct,  aid  and  co-operate  with  all  district  chiefs,  forest 
fire  wardens  and  other  employees  of  the  state,  as  provided  for 
herein,  and  see  that  they  take  such  action  as  is  authorized  by 
law  to  prevent  and  extinguish  forest  fires  and  do  other  work 
which  the  commission  may  undertake  for  the  protection,  im- 
provement and  extension  of  forests.  He  may  delegate  to  the 
district  chief  or  other  assistants  the  responsibility  of  suppress- 
ing any  forest  fire  wherever  he  deems  such  action  necessary  to 
the  public  welfare.  He  shall  plan  and  direct  an  annual  pro- 
gram of  instruction  and  training  for  wardens  and  other  forest 
fire  personnel. 

3.  Districts.  Amend  chapter  233  of  the  Revised  Laws  by 
striking  out  section  12  and  inserting  in  place  thereof  the 
following:  12.  District  Chiefs.  He  may  appoint  a  district 
chief  in  each  district  and  such  other  assistants  as  the  situation 
in  any  district  may  warrant.  They  shall  serve  at  the  will  of 
the  state  forester  and  shall  be  allowed  such  wages  and  ex- 
penses as  may  be  fixed  by  the  commission  within  the  limitation 
of  funds  available. 

4.  Duties.  Amend  section  20  of  chapter  233  of  the  Revised 
Laws  by  inserting  after  the  word  "town"  in  the  second  line  the 
words,  or  elsewhere  when  so  directed  by  the  state  forester  or 
his  authorized  agent ;  further  amend  by  striking  out  the  words 
"wagons,  tools,  horses  or  other"  in  the  fourth  line  and  insert- 
ing in  place  thereof  the  words,  vehicles  or  other  equipment 
and,  so  that  said  section  as  amended  shall  read  as  follows :  20. 
Fires.  It  shall  be  the  duty  of  the  wardens  and  deputy  wardens 
to  extinguish  all  brush  and  forest  fires  occurring  in  their 
town,  or  elsewhere  when  so  directed  by  the  state  forester  or 
his  authorized  agent,  and  either  of  them  may  call  such  assist- 
ance as  he  deems  necessary  to  aid  him  in  so  doing,  may  require 
the  use  of  vehicles  or  other  equipment  and  property  for  that 
purpose  and  may  order  any  road  or  highway  closed  to  any 
motor  vehicle  or  horse-drawn  vehicle  if  it  becomes  necessary 
in  order  to  safeguard  the  proper  extinguishing  of  such  fire; 
but  such  authority  shall  not  interfere  with  the  authority  of 
chiefs  of  city  fire  departments. 

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

[Approved  June  13,  1949.] 


288  Chapters  245, 246  [1949 

CHAPTER  245. 

AN  ACT  RELATIVE  TO  NONRESIDENT  FISHING  LICENSES. 

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

1.  Nonresident  Fishing  Licenses.  Amend  paragraph  IV 
of  section  6  of  chapter  247  of  the  Revised  Laws  as  amended  by 
section  3  of  chapter  217  of  the  Laws  of  1947  by  striking  out 
the  words  "one  dollar"  in  the  seventh  line  and  inserting  in  place 
thereof  the  words,  two  dollars,  so  that  said  paragraph  as 
amended  shall  read  as  follows :  IV.  If  the  applicant  is  a  non- 
resident 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  entitle  the 
licensee  to  kill,  take  and  transport  fresh  water  fish  and 
salt  water  smelt  under  the  restrictions  of  this  title,  pro- 
vided that  if  said  applicant  wishes  to  take  said  fish  or  smelt 
for  three  consecutive  days,  two  dollars  and  fifty  cents,  and  the 
agent  shall  thereupon  issue  a  nonresident  fishing  license  for 
said  time  only,  under  the  restrictions  of  this  title. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  January  1, 
1950. 

[Approved  June  13,  1949.] 


CHAPTER  246. 


AN  ACT  RELATING  TO  A  COST  OF  LIVING  BONUS  FOR  STATE 
EMPLOYEES. 

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

1.  Funds.  Amend  section  4  of  chapter  108,  Laws  of  1949 
by  striking-  out  all  of  said  section  after  the  figures  $1,008,300 
and  inserting  in  place  thereof  the  following :  Of  said  sum,  the 
sum  of  $658,100  shall  be  a  charge  upon  the  general  funds  of 
the  state  and  the  balance  shall  be  a  charge  upon  special  funds 
as  follows: 


1949]  Chapter  246  289 

Fish  and  game  fund  $34,800 

Hairdressers'  board  special  fund  300 

Highway  funds  273,000 

Motor  vehicle  funds  23,200 

Mt.  Sunapee  tramway  funds  4,000 

Cannon  Mt.  tramway  funds  10,200 

Prison  industries  fund  4,700 


$350,200 


The  governor  is  authorized  to  draw  his  warrant  upon  said 
funds  for  the  payments  necessary  to  provide  the  bonus  hereby 
authorized,  so  that  said  section  as  amended  shall  read  as 
follows:  4.  Appropriation.  For  the  purpose  of  providing 
funds  necessary  for  the  additional  temporary  bonus,  there  is 
hereby  appropriated  the  sum  of  $1,008,300.  Of  said  sum,  the 
sum  of  $658,100  shall  be  a  charge  upon  the  general  funds  of  the 
state  and  the  balance  shall  be  a  charge  upon  special  funds  as 
follows : 

Fish  and  game  fund  $34,800 

Hairdressers'  board  special  fund  300 

Highway  funds  273,000 

Motor  vehicle  funds  23,200 

Mt.  Sunapee  tramway  funds  4,000 

Cannon  Mt.  tramway  funds  10,200 

Prison  industries  fund  4,700 


$350,200 

The  governor  is  authorized  to  draw  his  warrant  upon  said 
funds  for  the  payments  necessary  to  provide  the  bonus  hereby 
authorized. 

2.     Takes   Eflfect.      This    act    shall   take    effect    upon    its 
passage. 
[Approved  June  13,  1949.] 


290  Chapter  247  [1949 

CHAPTER  247. 

AN  ACT  PROVIDING  FOR  THE  CLASSIFICATION  OF  CERTAIN  SURFACE 

WATERS. 

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

1.  Classification.  On  and  after  the  effective  date  of  this 
act  the  following  surface  waters  shall  be  classified  in  accord- 
ance with  the  provisions  of  chapter  166-A  of  the  Revised  Laws 
as  inserted  by  chapter  183,  Laws  of  1947,  as  follows : 

L  Wild  Ammonoosuc  river  and  its  tributaries,  in  the 
towns  of  Easton,  Benton,  Woodstock  and  Landaff,  from  their 
sources  to  the  intake  dam  of  the  Woodsville  public  water 
supply  system.  Class  A. 

IL  Wild  Ammonoosuc  river  and  its  tributaries,  in  the 
towns  of  Landaff,  Bath,  Haverhill  and  Benton,  from  the  intake 
dam  of  the  Woodsville  public  water  supply  system  to  the  con- 
fluence with  the  Ammonoosuc  river.  Class  B-1. 

IIL  Garland  Brook  and  its  tributaries,  in  the  towns  and 
places  of  Lancaster,  Kilkenny,  Berlin,  Randolph  and  Jefferson, 
from  their  sources  to  the  intake  dam  of  the  Lancaster  public 
water  supply  system,  Class  A. 

IV.  Israel  river  and  its  tributaries,  in  the  towns  and 
places  of  Lancaster,  Jefferson,  Whitefield,  Carroll,  Low  and 
Burbank's  Grant,  Chandler's  Purchase,  Thompson  and 
Meserve's  Purchase,  Randolph,  Kilkenny,  Stark  and 
Northumberland,  except  that  portion  of  Garland  Brook  given 
in  paragraph  III,  from  their  sources  to  the  Jefferson-Lancaster 
town  line.  Class  B-2. 

V.  All  tributaries  to  the  Johns  river,  in  the  towns  of 
Dalton,  Lancaster,  Whitefield,  Jefferson,  Carroll  and  Bethle- 
hem, from  their  sources  to  the  confluence  with  the  Johns 
river,  Class  B-1. 

VI.  Clear  Stream  and  its  tributaries,  in  the  towns  and 
places  of  Errol,  Wentworth's  Location,  Dixville,  Erving's 
Location  and  Millsfield,  from  their  sources  to  a  point  approxi- 
mately 2500  feet  upstream  from  the  highway  bridge  on  Route 
No.  16,  Class  B-1. 

VII.  Main  portion  of  the  Blackwater  river,  in  the  towns 
of  Wilmot  and  Andover,  from  the  outlet  of  Tannery  pond  to  the 
Andover-Salisbury  town  line,  Class  B-2. 


1949]  Chapter  247  291 

VIII.  Blackwater  river  and  all  its  tributaries,  in  the 
towns  of  Hopkinton,  Webster,  Sutton,  New  London,  Wilmot, 
Danbury,  Hill,  Springfield,  Warner,  Andover  and  Salisbury, 
excluding  that  portion  of  the  main  river  from  the  outlet  of 
Tannery  pond  to  the  Andover-Salisbury  town  line  given  in 
paragraph  VII,  from  their  sources  to  the  confluence  with  the 
Contoocook  river,  Class  B-1. 

IX.  Smith  river  and  its  tributaries,  in  the  towns  of  Hill, 
Bristol,  Alexandria,  Orange,  Grafton,  Springfield,  Danbury, 
Wilmot  and  Andover,  from  their  sources  to  the  confluence  with 
the  Pemigewasset  river,  Class  B-1. 

2.  Amendment.  Amend  chapter  166-A  of  the  Revised 
Laws  as  inserted  by  chapter  183,  Laws  of  1947,  by  inserting 
after  section  4  the  following  new  section:  4-a.  State 
Guarantee.  In  view  of  the  general  public  benefits  resulting 
from  the  elimination  of  pollution  from  the  public  waters  of  the 
state,  the  governor  and  council  are  authorized  in  the  name  of 
the  state  of  New  Hampshire  to  guarantee  unconditionally,  but 
at  no  time  in  excess  of  the  total  aggregate  sum  for  the  entire 
state  of  five  million  dollars,  the  payment  of  all  or  any  portion, 
as  they  may  find  to  be  in  the  public  interest,  of  the  principal 
of  and  interest  on  any  bonds  or  notes  issued  by  any  munici- 
pality, town,  city,  county,  or  district  for  construction  of  sewage 
systems,  sewage  treatment  and  disposal  plants,  or  other 
facilities  necessary,  required  or  desirable  for  pollution  control, 
and  the  full  faith  and  credit  of  the  state  are  pledged  for  any 
such  guarantee.  The  state's  guarantee  shall  be  endorsed  on 
such  bonds  or  notes  by  the  state  treasurer;  and  all  notes  or 
bonds  issued  with  state  guarantee  shall  be  sold  (1)  at  public 
sealed  bidding,  (2)  after  publication  of  advertisement  for  bids, 
(3)  to  the  highest  bidder.  Any  and  all  such  bids  may  be  re- 
jected and  a  sale  may  be  negotiated  with  the  highest  bidder. 
In  the  event  of  default  in  payment  of  any  such  notes  or  bonds, 
the  state  may  recover  any  losses  suffered  by  it  by  action 
against  the  town  as  provided  in  chapter  402  of  the  Revised 
Laws. 

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

[Approved  June  15,  1949.] 


292  Chapter  248  [1949 

CHAPTER  248. 

an  act  relating  to  the  atlantic  states  marine 

Fisheries  Commission. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 

General  Court  convened: 

1.  Atlantic  States  Marine  Fisheries  Compact.  Amend 
chapter  135  of  the  Laws  of  1941  by  inserting  after  section  1 
the  following  new  section:  1-a.  Amendment  to  Compact. 
The  state  of  New  Hampshire  hereby  enters  into  an  amendment 
of  the  Atlantic  States  Marine  Fisheries  Compact  with  any  one 
or  more  of  the  states  of  Maine,  Massachusetts,  Rhode  Island, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  South  Carolina,  Georgia,  and  Florida  and 
such  other  states  as  may  become  party  to  that  compact  for  the 
purpose  of  permitting  the  states  that  ratify  this  amendment 
to  estabhsh  joint  regulations  of  specific  fisheries  common  to 
those  states  through  the  Atlantic  States  Marine  Fisheries 
Commission  and  their  representatives  on  that  body.  Notice 
of  intention  to  withdraw  from  this  amendment  shall  be 
executed  and  transmitted  by  the  governor  and  shall  be 
in  accordance  with  Article  XII  of  the  Atlantic  States  Marine 
Fisheries  Compact  and  shall  be  effective  as  to  this  state  with 
those  states  which  similarly  ratify  this  amendment.  The  states 
consenting  to  this  amendment  agree  that  any  two  or  more  of 
them  may  designate  the  Atlantic  States  Marine  Fisheries 
Commission  as  a  joint  regulator}^  agency  with  such  powers  as 
they  may  jointly  confer  from  time  to  time  for  the  regulation 
of  the  fishing  operations  of  the  citizens  and  vessels  of  such 
designating  states  with  respect  to  specific  fisheries  in  which 
such  states  have  a  common  interest.  The  representatives  of 
such  states  on  the  Atlantic  States  Marine  Fisheries  Commis- 
sion shall  constitute  a  separate  section  of  such  commission  for 
the  exercise  of  the  additional  powers  so  granted  provided  that 
the  states  so  acting  shall  appropriate  additional  funds  for  this 
purpose.  The  creation  of  such  section  as  a  joint  regulatory 
agency  shall  not  deprive  the  states  participating  therein  of 
any  of  their  privileges  or  powers  or  responsibilities  in  the 
Atlantic  States  Marine  Fisheries  Commission  under  the 
general  compact. 

2.    Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  15,  1949.] 


1949]  Chapter  249  293 

CHAPTER  249. 

AN  ACT  PERTAINING  TO  CONDUCT  OF  OPERATORS  OP  MOTOR 
VEHICLE  AFTER  ACCIDENT. 

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

1.  Motor  Vehicle  Accidents.  Amend  section  19  of  chapter 
118  of  the  Revised  Laws  as  amended  by  chapter  34  of  the  Laws 
of  1949  by  adding  at  the  end  of  said  section  the  following : 
Provided,  however,  that  voluntary  intoxication  shall  not  con- 
stitute a  defense  in  the  matter  of  knowledge  under  the  pro- 
visions of  this  section,  so  that  said  section  as  amended  shall 
read  as  follows :  19.  Conduct  After  Accident.  Any  person 
operating  a  motor  vehicle,  knowing  that  injury  has  been 
caused  by  him  to  a  person  or  to  property,  shall  forthwith  bring 
his  vehicle  to  a  stop,  return  to  the  scene  of  the  accident,  give, 
to  the  operator  of  any  other  motor  vehicle  involved  in  said 
accident,  and  to  the  person,  or  the  owner  of  the  property,  in- 
jured his  name  and  address,  the  number  of  the  driver's 
license,  the  registration  number  of  the  motor  vehicle,  and  the 
name  and  address  of  each  occupant  thereof.  If  the  owner  of 
the  property  damaged  is  not  available  at  the  place  of  the 
accident  the  information  required  hereunder  shall  be  given  to 
a  policeman  at  the  nearest  police  station.  Any  person  operating 
a  motor  vehicle  which  is  in  any  manner  involved  in  an  accident 
in  which  any  person  is  injured  or  killed,  or  resulting  in  damage 
to  property  in  excess  of  fifty  dollars,  shall  forthwith  report  in 
writing  to  the  commissioner  the  facts  required  herewith  to- 
gether with  a  statement  of  the  circumstances  of  the  accident. 
Provided,  however,  that  voluntary  intoxication  shall  not  con- 
stitute a  defense  in  the  matter  of  knowledge  under  the  pro- 
visions of  this  section. 

3.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  June  15,  1949.] 


294  Chapter  250  [1949 

CHAPTER  250. 

AN  ACT  RELATING  TO  THE  APPOINTMENT  OF  ASSISTANT  HIGHWAY 
COMMISSIONERS  AND  A  CHIEF  ENGINEER. 

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

1.  Appointment.  Amend  section  5  of  part  10  of  chapter  90 
of  the  Revised  Laws  as  inserted  by  section  1  of  chapter  188 
of  the  Laws  of  1945  by  striking  out  said  section  and  inserting 
in  place  tliereof  the  following  new  sections:  5.  Assistant 
Commissioner;  Planning.  The  commissioner  shall  nominate 
and  the  governor,  with  the  advice  of  the  council,  shall  appoint 
and  commission,  an  assistant  commissioner  to  determine  and 
execute  all  matters  relating  to  highway  planning  and  develop- 
ment, personnel  and  business  and  financial  management  of  the 
department.  In  case  of  the  absence  or  disability  of  the  com- 
missioner or  in  case  of  a  vacancy  in  the  office  of  commissioner 
and  until  such  vacancy  is  filled,  he  shall  have  all  the  powers  and 
perform  the  duties  of  the  highway  commissioner. 

5-a.  Assistant  Commissioner;  Information.  The  com- 
missioner may  nominate  and  the  governor  with  the  advice  of 
the  council  may  appoint  and  commission,  an  assistant  commis- 
sioner in  charge  of  public  relations,  information  and  com- 
plaints. At  the  request  of  the  commissioner  in  charge  of  plan- 
ning, he  shall  draft  such  legislation  as  may  be  necessary  for  the 
economic  and  efficient  operation  of  the  department. 

5-b.  Chief  Engineer.  The  commissioner  shall  nominate 
and  the  governor  with  the  advice  and  consent  of  the  council 
shall,  commission  and  appoint  a  chief  engineer  for  the  highway 
department.  Said  engineer  shall  be  in  charge  of  all  engineer- 
ing, the  construction  and  maintenance  of  highways  and 
bridges,  rights  of  way,  and  acquisition  of  land,  laboratories, 
material  and  research  and  operation  of  the,  high  way  depart- 
ment garage  and  sign  shop. 

5-c.  Assistant  Highway  Commissioners;  Chief  Engineer; 
Qualifications  and  Duties.  All  persons  appointed  under  the 
provisions  of  the  three  preceding  sections  shall  be  specially 
qualified  by  previous  experience  to  perform  all  duties  as  may 
be  assigned  to  them  by  the  commissioner  to  whom  they  shall 
be  directly  responsible. 


1949]  Chapter  251  295 

2.  Salaries.  Amend  section  4  of  part  10  of  chapter  90  of 
the  Revised  Laws  as  inserted  by  section  1  of  chapter  188  of 
the  Laws  of  1945  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  4.  Salaries.  The  annual  salaries 
of  the  highway  commissioner,  the  assistant  highway  commis- 
sioners and  the  chief  engineer  as  hereinafter  provided  shall  be 
determined  by  the  governor  and  council.  No  one  of  said 
officials  shall  be  included  in  any  state  employees'  classification 
plan. 

3.  Repeal.  Such  provisions  of  chapter  250  of  the  Laws 
of  1947  as  provide  minimum  and  maximum  salaries  of  the  high- 
way commissioner  and  assistant  highway  commissioner  are 
hereby  repealed. 

4.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949. 

[Approved  June  15,  1949.] 


CHAPTER  251. 


AN    ACT   RELATIVE    TO    MERIT    RATINGS    UNDER    THE 
UNEMPLOYMENT  COMPENSATION  SYSTEM. 

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

1.  General  Experience  Rating.  Amend  the  fifth  paragraph 
of  subsection  D,  section  6  of  chapter  218  of  the  Revised  Laws, 
as  amended  by  section  14,  chapter  138  of  the  Laws  of  1945, 
and  by  section  17,  chapter  59  of  the  Laws  of  1947,  and  by 
section  11,  chapter  185  of  the  Laws  of  1949,  by  striking  out 
said  paragraph  and  inserting  in  place  thereof  the  following: 
No  employer  shall  be  entitled  to  an  experience  rating  under 
this  subsection  for  any  calendar  year  unless  and  until  the 
balance  in  the  unemployment  compensation  fund  as  of  Janu- 
ary 1  of  such  calendar  year  equals  or  exceeds  twelve  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  computation  date  throughout  which 
the  account  of  such  employer  was  chargeable  with  benefits;  it 
being  further  provided  that  the  time  the  operation  of  a  busi- 


296  Chapter  252  [1949 

ness  of  an  employer  was  suspended  because  of  the  employer's 
service  in  the  armed  forces  during  World  War  II,  shall  be  con- 
sidered as  if  the  business  had  been  actively  and  continuously 
operating  during  such  period. 

2.  Merit  Ratings.  Amend  paragraph  (1),  subsection  E, 
section  6  of  chapter  218  of  the  Revised  Laws,  by  striking  out 
said  paragraph  and  inserting  in  place  thereof  the  following: 
(1)  Each  employer's  rate  shall  be  the  amount  determined 
under  subsection  D  of  this  section  except  as  otherwise  pro- 
vided in  the  following  provisions.  No  employer's  rate  shall  be 
less  than  the  amount  determined  in  accordance  with  sub- 
section D  of  this  section  unless  and  until  there  shall  have  been 
three  consecutive  calendar  years  immediately  preceding  the 
computation  date  throughout  which  the  account  of  such  em- 
ployer was  chargeable  with  benefits ;  it  being  further  provided 
that  the  time  the  operation  of  a  business  of  an  employer  was 
suspended  because  of  the  employer's  service  in  the  armed 
forces  during  World  War  II,  shall  be  considered  as  if  the  busi- 
ness had  been  actively  and  continuously  operating  during  such 
period. 

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

[Approved  June  15,  1949.] 


CHAPTER  252. 


AN  ACT  PROVIDING  FOR  REGULATION  OF  OPEN-AIR  MOTION 
PICTURE   THEATRES. 

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

1.  Towns.  Amend  chapter  51  of  the  Revised  Laws  by  in- 
serting after  section  32-a,  as  inserted  by  chapter  146,  Laws  of 
1943,  the  following  new  sections:  32-b.  Open-Air  Motion 
Picture  Theatres.  Towns  shall  have  the  power  to  make  by- 
laws relating  to  the  regulation  and  licensing  of  open-air  motion 
picture  theatres  within  the  limits  of  the  town,  and  may  fix 
reasonable  fees  for  the  operation  of  said  theatres,  and  may  en- 
force the  observance  of  such  by-laws  by  suitable  penalties  not 


1949]  Chapter  253  297 

exceeding  twenty-five  dollars  for  each  offense,  to  inure  to  such 
uses  as  said  towns  may  direct. 

32-c.  Regulation  by  Selectmen.  Prior  to  the  adoption  of 
by-laws  by  a  town  under  the  provisions  of  section  32-b  the 
selectmen  may  regulate  the  operation  of  open-air  motion 
picture  theatres  within  the  limits  of  the  town  and  fix  reason- 
able fees  for  such  operation,  provided  that  such  regulations 
made  by  the  selectmen  shall  only  be  effective  until  the  next 
annual  town  meeting  and  provided  further  that  nothing  herein 
contained  shall  be  deemed  to  prohibit  the  town  from  adopting 
by-laws  in  accordance  with  the  provisions  of  said  section 
32-b,  at  any  special  town  meeting,  which  shall  supersede  any 
regulations  made  by  the  selectmen. 

2.     Takes    Effect.      This    act    shall   take    effect    upon   its 
passage. 
[Approved  June  15,  1949.] 


CHAPTER  253. 

AN  ACT  RELATING  TO  THE  USE  OF  THE  NAMES  OF  NATURAL 

PARENTS  OF  ADOPTED  CHILDREN  IN  CERTAIN  CASES  AND 

CHANGING    METHOD    OF    REPORTING    RECORDS    OF 

ADOPTIONS  AND  DIVORCES. 

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

1.  Adoption  of  Children.  Amend  section  4  of  chapter  345 
of  the  Revised  Laws  as  amended  by  section  5,  chapter  127  of 
the  Laws  of  1943  by  adding  after  the  words  "intents  and 
purposes"  the  words,  The  decrees  and  the  certificates  of 
adoption  shall  not  state  the  names  of  the  natural  parents  of 
the  adopted  child,  so  that  said  section  as  amended  shall  read 
as  follows:  4.  Waiting  Period;  Final  Decree;  Exception. 
If  the  requirements  of  the  preceding  sections  have  been  com- 
plied with,  and  the  judge  is  satisfied  with  the  identity  and  the 
relationship  of  the  parties,  and  that  the  petitioner  is  of 
sufficient  ability  to  bring  up  and  properly  educate  the  child, 
and  that  it  is  fit  and  proper  that  the  adoption  should  take 
effect,  he  shall  make  an  order  granting  temporary  custody  of 
said  child  to  the  petitioners  for  a  period  of  one  year  from  the 


298  Chapter  253  [1949 

date  of  said  order,  except  that  in  his  discretion  where  he  deems 
it  for  the  best  interests  of  the  child  he  may  reduce  the  period 
of  temporary  custody  to  such  length  of  time  as  he  may  see  fit. 
During  said  period  the  department  of  public  welfare  shall 
make,  or  cause  to  be  made  at  its  direction,  visits  in  the  home 
of  the  petitioners,  and  shall  have  such  mental  and  physical 
tests  made  of  the  child  as  the  department  deems  necessary, 
and  shall  send  a  report  to  the  court.  If,  at  the  end  of  said 
period,  the  judge  is  of  the  opinion  that  the  petition  for 
adoption  should  be  granted,  he  shall  thereupon  make  a  decree 
setting  forth  the  facts  and  ordering  that  the  child  shall  be  the 
child  of  the  petitioners  to  all  legal  intents  and  purposes.  The 
decrees  and  the  certificates  of  adoption  shall  not  state  the 
names  of  the  natural  parents  of  the  adopted  child.  Within 
seven  days  after  the  final  decree  is  filed,  the  register  of  probate 
shall  send  to  the  town  clerk  of  town  of  birth  and  to  the  com- 
missioner of  public  welfare  by  mail  a  report  of  the  adoption. 
The  department  of  vital  statistics  shall  provide  suitable  forms 
for  such  reports. 

2.  Divorces.  Amend  chapter  339  of  the  Revised  Laws  by 
striking  out  sections  22  and  23  thereof  and  inserting  in  place 
thereof  the  following :  22.  Return  of  List.  The  clerk  of  the 
superior  court  for  each  county,  at  the  end  of  each  term  of 
court,  shall  return  to  the  registrar  of  vital  statistics  a  full  and 
correct  list  of  all  changes  of  names  that  have  been  decreed 
hereunder  by  the  court  since  the  last  return. 

3.  Probate  Courts.  Amend  section  13  of  chapter  347  of 
the  Revised  Laws  by  striking  out  the  whole  thereof  and  in- 
serting in  place  thereof  the  following :  13.  Return  of  Names 
Changed.  In  the  months  of  January  and  July  in  each  year  the 
register  of  probate  for  each  county  shall  return  to  the  registrar 
of  vital  statistics  a  full  and  correct  list  of  all  changes  of  names 
that  have  been  made  by  the  judge  of  probate  since  the  last 
return. 

4.  Registrar  of  Vital  Statistics.  Amend  section  9  of 
chapter  337  of  the  Revised  Laws  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following :  9.  Preservation 
of  Returns.  The  state  registrar  shall  cause  the  returns  made 
to  him  in  pursuance  of  the  preceding  sections,  together  with 
the  returns  of  divorces  made  by  the  clerks  of  court,  and  changes 
of  names  made  by  the  registrars  of  probate  to  be  arranged. 


1949]  Chapters  254, 255  299 

alphabetic  indexes  of  all  the  names  contained  therein  to  be 
made  and  the  whole  to  be  bound  in  convenient  volumes  and  pre- 
served in  his  office.  Records  of  births,  marriages,  deaths, 
divorces  and  changes  of  names  shall  be  kept  separately. 

5.  Secretary  of  State.  All  lists  of  changes  of  names  re- 
turned to  the  secretary  of  state  for  publication  in  the  session 
laws  of  1949  shall  be  sent  by  him  to  the  registrar  of  vital 
statistics,  and  such  lists  shall  not  be  published  in  said  session 
laws. 

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

[Approved  June  15,  1949.] 


CHAPTER  254. 

AN  ACT  RELATING  TO  DAMAGES  UNDER  THE  DEATH  STATUTE. 

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

1.  Limitations.  Amend  section  13  of  chapter  355  of  the 
Revised  Laws  by  inserting  after  the  word  "thousand"  in  line  2 
the  words,  five  hundred;  and  by  striking  out  the  word  "ten" 
in  line  4  and  inserting  in  place  thereof  the  word,  fifteen,  so  that 
said  section  as  amended  shall  read  as  follows :  13.  Limitation. 
The  damages  recoverable  in  any  such  action  shall  not  exceed 
seven  thousand  five  hundred  dollars,  except  in  cases  where  the 
plaintiff's  decedent  has  left  either  a  widow,  widower,  or  minor 
children  or  a  dependent  father  or  mother,  when  the  damages 
recoverable  shall  not  exceed  fifteen  thousand  dollars. 

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

[Approved  June  16,  1949.] 


CHAPTER  255. 

AN  ACT  RELATING  TO  REPORTS  BY  REGISTERS  OF  DEEDS. 

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

1.     Register  of  Deeds.     Amend  section  12  of  chapter  49  of 
the  Revised  Laws  by  striking  out  the  same  and  inserting  in 


300  Chapter  256  [1949 

place  thereof  the  following :     12.     List  of  Conveyances  for  Tax 

Purposes.  Every  register  shall  send  to  the  selectmen  of  each 
town  in  his  county,  between  the  first  and  fifth  days  of  April 
in  each  year,  a  list  of  all  deeds,  mortgages,  and  other  convey- 
ances of  real  estate  which  have  been  recorded  in  the  registry 
during  the  preceding  tax  year;  and  the  register  shall  send  a 
similar  list  of  conveyances  to  the  assessors  of  each  city  in  his 
county  quarterly,  each  year,  between  the  first  and  fifth  days  of 
January,  the  first  and  fifth  days  of  April,  the  first  and  fifth  days 
of  July  and  the  first  and  fifth  days  of  October. 

2.     Takes    Effect.      This    act    shall   take   effect    upon    its 
passage. 
[Approved  June  16,  1949.] 


CHAPTER  256. 


AN  ACT  RELATING  TO  OBSCENE  LITERATURE,  PICTURES  AND 

ARTICLES. 

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

1.  Obscene  Matter.  Amend  chapter  441  of  the  Revised 
Laws  by  striking  out  section  14  and  inserting  in  place  thereof 
the  following:  14.  Publications,  Possession,  etc.  No  person 
shall  print,  sell,  lend,  give  or  show  to  any  other  person,  nor 
have  in  his  possession  or  control  with  intent  to  sell,  lend,  give 
to,  show  to,  any  other  person,  any  obscene  or  lewd  or  lascivious 
thing,  object,  book,  pamphlet,  magazine,  newspaper,  print  or 
picture  and  no  person  shall  circulate,  display  or  post  any 
advertisement  of  any  such  thing,  object,  literature  or  picture 
or  cause  it  to  be  done. 

2.  Minors.  Amend  section  15  of  chapter  441  of  the  Re- 
vised Laws  by  inserting  after  the  word  "such"  in  the  second 
line  the  words,  thing,  object,  so  that  said  section  as  amended 
shall  read  as  follows :  15.  Hiring  Minors.  No  person  shall  in 
any  manner  hire,  employ,  or  use  any  minor  to  sell  or  give  away, 
or  in  any  manner  to  distribute  any  such  thing,  object,  litera- 
ture, picture,  or  advertisement. 

3.  Duties.  Amend  section  16  of  chapter  441  of  the  Revised 
Laws  by  inserting  after  the  word  "such"  where  it  occurs  the 


1949]  Chapter  257  301 

second  time  in  the  second  line  the  words,  thing,  object,  so  that 
said  section  as  amended  shall  read  as  follows:  16.  Duty  of 
Custodians  of  Minors.  No  person  having  the  care  or  control 
of  a  minor  child  shall  permit  such  child  to  sell  or  give  away  any 
such  thing,  object,  reading  matter  or  advertisement. 

4.     Takes    Effect.      This   act    shall   take   effect    upon   its 
passage. 
[Approved  June  16,  1949.] 


CHAPTER  257. 

AN  ACT  RELATIVE  TO  FIRE  EMERGENCIES  OF  MILITARY  ORIGIN. 

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

1.     Emergency  Fire  Fighting.     Amend  the  Revised  Laws  by 
inserting  after  chapter  146  the  following  new  chapter: 

146-A 
Emergency  Fire  Assistance 
1.     Definitions.     The  following  words  and  phrases  as  used 
in  this  chapter  shall  have  the  following  meaning  unless  the 
context  clearly  requires  otherwise : 

I.  "Fire  emergency"  shall  mean  actual  or  threatened 
bombing,  shelling  or  other  form  of  military  action  which  in  the 
judgment  of  the  governor  may  result  in  a  disastrous  fire,  and 
which  has  been  proclaimed  by  the  governor  to  be  a  fire 
emergency. 

II.  "Emergency  fire  assistance"  shall  mean  assistance 
during  a  fire  emergency,  as  defined  in  paragraph  I. 

III.  "Chief  executive  municipal  officer"  shall  mean  the 
mayor  of  a  city,  the  board  of  selectmen  of  a  town,  or  the  board 
of  commissioners  of  a  village  district. 

IV.  "State  director  of  civil  defense"  shall  mean  the  state 
director  of  the  state  civil  defense  agency,  provided  such  an 
agency  is  created  by  the  general  court.  If  no  such  agency  is 
created  by  the  general  court,  then  the  state  adjutant-general 
shall  perform  such  duties  as  would  be  required  of  the  state 
director  of  civil  defense  under  the  provisions  of  this  chapter. 

V.  "Fire  department  personnel"  shall  mean  regular  full- 


302  Chapter  257  [1949 

time  and  call  members  of  a  municipal  fire  department  but  not 
including  the  members  of  a  fire  department  auxiliary. 

VI.  "Local  fire  departments"  shall  include  the  fire  de- 
partment of  cities  and  towns,  precincts  and  fire  districts. 

VII.  "Municipality"  shall  mean  any  city,  town,  precinct, 
village  or  fire  district. 

2.  Proclamation  of  Fire  Emergency.  The  provisions  of 
this  chapter  shall  be  effective  during,  and  only  during,  periods 
proclaimed  by  the  governor  to  be  fire  emergencies  of  military 
origin. 

3.  Inter- Community  Fire  Assistance.  Any  municipality 
may,  by  law  or  ordinance,  authorize  and  permit  the  chief  or 
head  of  its  fire  department  to  extend  assistance  in  time  of  fire 
emergency  to  any  other  municipality,  subject  to  such  re- 
strictions and  conditions  as  may  be  imposed  by  such  law  or 
ordinance. 

4.  Powers,  Rights,  Privileges  and  Immunities.  When- 
ever, pursuant  to  the  authority  granted  under  this  chapter,  the 
members  of  a  local  fire  department  are  engaged  in  assisting 
another  municipality  in  combatting  a  fire  emergency  in  such 
other  municipality,  such  local  fire  department  personnel  shall 
possess  the  same  powers,  and  have  the  same  duties,  rights, 
privileges  and  immunities  they  would  have  if  they  were  per- 
forming the  said  duties  for  the  municipality  or  municipalities 
to  whose  fire  department  they  are  normally  attached. 

5.  Loss,  Damage  or  Expense.  In  case  any  piece  of 
municipally-owned  fire-fighting  apparatus  or  equipment  is 
damaged  or  lost,  or  in  the  event  that  any  expense  is  incurred 
in  connection  therewith  in  answering  a  call  for  assistance  made 
by  another  municipality,  by  reason  of  a  fire  emergency  in  an- 
other municipality,  such  loss,  damage  or  expense,  together 
with  the  cost  of  any  materials  or  supplies  used  in  connection 
with  meeting  such  call,  shall  be  a  charge  against  and  shall  be 
paid  by  such  other  municipality  which  issued  the  call  for 
assistance.  No  claim  for  any  such  loss,  damage,  or  expense 
shall  be  allowed  unless,  within  sixty  days  after  the  loss, 
damage  or  expense  is  sustained  or  incurred,  an  itemized  notice 
of  such  claim,  authenticated  under  oath,  is  served,  personally, 
or  by  registered  mail  return  receipt  requested,  by  the  duly 
authorized  representative  of  the  fire  department  concerned. 


1949]  Chapter  257  303 

upon  the  principal  executive  officer  of  the  municipality  to 
which  said  fire  assistance  was  rendered. 

6.  Liability  for  Acts  or  Omissions.  No  municipality 
whose  fire-fighting-  forces,  pursuant  to  the  provisions  of  this 
chapter,  are  rendering  emergency  fire  assistance  to  another 
municipality  or  state,  shall  be  liable  by  reason  of  any  act  or 
omission  on  the  part  of  such  fire-fighting  forces  while  so  en- 
gaged; or  on  account  of  the  maintenance  or  use  of  any  equip- 
ment or  supplies  used  in  connection  with  the  rendering  of  such 
assistance ;  nor  shall  any  fire  commissioner,  fire  chief,  or  other 
superior  officer  of  a  fire  department,  a  fire  company  or  any  unit 
of  municipal  fire-fighting  force,  acting  pursuant  to  the  pro- 
visions of  this  chapter,  be  liable  by  reason  of  any  act  or 
omission  on  the  part  of  any  of  his  subordinates  when  they  are 
rendering  emergency  fire  assistance,  under  the  command  of  an 
officer  other  than  himself,  in  a  municipality  other  than  that  in 
which  they  normally  are  employed. 

7.  Reimbursement  for  Salaries  aind  Expenses.  Any 
state,  other  than  the  state  of  New  Hampshire,  or  any  munici- 
pahty  within  or  outside  of  the  state  of  New  Hampshire,  which 
receives  emergency  fire  assistance  pursuant  to  the  provisions 
of  this  chapter,  shall  reimburse  the  municipality  which 
furnishes  such  aid  for  the  compensation  which  was  paid  to  fire- 
fighting  employees  engaged  in  such  assistance;  for  actual 
travel  and  maintenance  expense  for  such  employees  while  ren- 
dering such  aid;  and  for  all  payments  to  or  on  behalf  of  injured 
employees  or  to  representatives  of  deceased  employees,  in  case 
any  employees  sustain  injury  or  are  killed  while  rendering 
assistance  pursuant  to  this  chapter  in  municipalities  other  than 
those  to  whose  fire  departments  they  are  attached. 

8.  Donation  of  Services.  Nothing  contained  herein  shall 
prevent  any  municipality  which  renders  assistance  to  another 
municipahty,  whether  within  or  outside  the  state,  from  assum- 
ing such  loss,  damage,  expense,  or  other  cost,  or  from  loaning 
fire-fighting  equipment,  or  from  donating  the  services  of  such 
personnel  and  such  equipment  without  charge  or  cost  to  the 
municipality  requiring  assistance. 

9.  Reciprocal  Ari-angement  With  Other  States.  The 
provisions  of  this  chapter  shall  apply  with  respect  to  fire- 
fighting  forces  and  equipment  of  other  states  of  the  United 
States  which  render  services  to  municipalities  in  the  state  and 
to  municipalities  therein  which  respond  to  a  call  for  emergency 


304  Chapter  257  [1949 

fire  assistance,  provided  that  the  laws  of  such  other  state  or 
states  contain  substantially  similar  provisions,  as  certified  by 
the  secretary  of  state  of  each  such  other  state  or  states,  with 
respect  to  fire-fighting  forces  or  equipment  of  the  state  of  New 
Hampshire  when  rendering  services  to  such  other  state  in  re- 
sponse to  a  call  for  emergency  fire  assistance. 

10.  Recall  from  Service  Outside  of  State.  If,  while 
any  fire-fighting  personnel  or  equipment  pertaining  to  a  New 
Hampshire  municipality  is  engaged  in  rendering  emergency 
fire  assistance  upon  call  of  a  municipality  in  another  state,  a 
fire  emergency  develops  within  the  state  of  New  Hampshire, 
the  governor  shall  determine  whether  such  fire-fighting  per- 
sonnel and  equipijient  shall  be  recalled  to  New  Hampshire  in 
order  to  meet  the  fire  emergency  in  this  state.  Under  such 
conditions  the  decision  of  the  governor  shall  supersede  any 
agreement  or  other  arrangement  for  mutual  assistance  en- 
tered into  as  provided  in  section  3  of  this  chapter.  Upon  the 
issuance  by  the  governor  of  such  order  of  recall,  through  the 
state  director  of  civil  defense,  the  fire-fighting  personnel  and 
equipment  shall  forthwith  return  to  the  state  of  New  Hamp- 
shire. 

11.  Recall  from  Service  Outside  of  a  Municipality.  If, 
while  any  fire-fighting  personnel  or  equipment  pertaining  to 
a  New  Hampshire  municipality  is  engaged  in  rendering 
emergency  fire  assistance  upon  call  in  another  municiaplity 
within  the  state,  a  fire  emergency  develops  within  the  munici- 
pality to  which  the  assisting  fire-fighting  personnel  and  equip- 
ment pertain,  the  chief  executive  officer  of  such  municipality 
shall  determine  whether  such  personnel  and  equipment  shall 
be  recalled  in  order  to  meet  the  local  fire  emergency.  Upon  the 
recall  order  issued  by  such  chief  executive  officer  of  the  assist- 
ing municipality,  the  personnel  and  equipment  shall  forthwith 
return  to  their  normal  stations  or  to  the  place  specified  in  such 
recall  order.  The  decision  of  the  chief  executive  officer  of  the 
assisting  municipality,  made  under  the  emergency  conditions 
contemplated  by  this  chapter,  shall  supersede  any  agreements 
or  arrangements  for  mutual  assistance  entered  into  as  pro- 
vided in  section  3  of  this  chapter. 

12.  Reciprocal  Relations  with  Other  Municipalities.  The 
fire  commission,  fire  commissioner,  fire  chief  or  other  superior 
officers  of  a  fire-fighting  force  are  authorized  within  tlie  pro- 


1949]  Chapter  257  305 

visions  of  this  chapter,  to  enter  into  agreement  with  other 
municipaUties,  both  within  and  outside  the  state,  concerning 
the  methods  by  which  emergency  fire  assistance  will  be 
rendered  as  provided  in  this  chapter. 

13.  Wartime  Coordination.  Whenever  a  fire  emergency 
shall  have  been  proclaimed  by  the  governor,  as  provided  in  this 
chapter,  in  order  to  permit  fire-fighting  personnel  and  equip- 
ment within  the  state  to  be  utilized  to  maximum  advantage  on 
a  coordinated  basis,  no  municipal  fire-fighting  force  or  fire- 
fighting  equipment  shall,  under  the  authority  herein  granted, 
cross  the  boundary  of  the  municipality  to  which  it  pertains 
without  immediately  reporting  the  fact,  through  the  chief 
executive  officer  of  such  municipality  to  the  state  director  of 
civil  defense  in  such  manner  and  extent  as  he  shall  prescribe, 
keeping  the  said  director  currently  informed  relative  to  the 
progress  being  made  and,  upon  completion  of  its  duties  in  such 
other  municipality,  giving  immediate  notice  of  the  return  of 
the  personnel  and  equipment  to  their  normal  station.  Under 
the  emergency  conditions  contemplated  by  this  section,  no  such 
fire-fighting  personnel  or  equipment  shall  go  more  than  twenty 
miles  beyond  the  boundary  of  the  state,  or  more  than  twenty 
miles  beyond  the  boundary  of  the  municipality  to  which  such 
fire-fighting  force  or  equipment  pertains  without  prior  per- 
mission of  the  state  director  of  civil  defense,  acting  upon  the 
authority  of  the  governor.  In  such  instances,  progress  and 
final  reports  shall  be  made  to  the  state  director  of  civil  defense 
in  such  manner  and  by  such  means  as  he  may  prescribe. 

14.  Forest  Fires.  During  any  proclaimed  fire  emergency 
the  provisions  of  this  chapter  shall  apply  to  all  forest  fire- 
fighting  activities  and  the  director  of  forestry  shall  comply 
with  the  provisions  hereof. 

2.     Takes    Effect.      This   act    shall   take    effect   upon   its 
passage. 
[Approved  June  16,  1949.] 


306  Chapter  258  [1949 

CHAPTER  258. 
AN  ACT  RELATING  TO  THE  TAKING  OF  DEER  BY  BOW  AND  ARROW. 

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

1.    Hunting  Deer.     Amend  chapter  242  of  the  Revised  Laws 
by  inserting  after  section  16  the  following  new  subdivision : 

Bow  and  Arrow 

16-a.  Special  Permits.  Any  resident  holding  a  valid  New 
Hampshire  hunting  license  upon  the  payment  of  an  additional 
fee  of  two  dollars  or  any  nonresident  holding  a  valid  New 
Hampshire  hunting  license  upon  the  payment  of  an  additional 
fee  of  three  dollars,  may  be  issued  a  special  permit  to  hunt  deer 
with  bow  and  arrow  in  the  sections  of  the  state  described  in 
section  16-b.  The  special  permit  under  this  section  shall 
entitle  the  holder  to  hunt  deer  for  a  period  of  ten  days 
immediately  prior  to  the  open  season  for  taking  deer.  Any 
person  taking  a  deer  under  the  provisions  of  this  subdivision 
shall  notify  a  conservation  officer  within  twenty-four  hours  of 
such  taking. 

16-b.  Districts  Established.  The  areas  of  the  state  with- 
in which  deer  may  be  taken  with  bow  and  arrow  for  the  limited 
period  as  provided  in  section  16-a  are  as  follows : 

I.  That  part  of  Coos  county  lying  north  of  the  main  high- 
way known  as  U.  S.  Route  No.  2  from  the  Vermont  boundary 
to  the  Maine  boundary. 

II.  In  the  area  within  the  following  described  boundaries : 
Beginning  at  the  Connecticut  river  in  the  town  of  Walpole 
on  Route  123A  to  Route  10  in  the  town  of  Marlow;  thence 
northerly  on  said  Route  10  to  the  Grafton  boundary  line  be- 
tween the  counties  of  Grafton  and  Sullivan  at  the  town  of  En- 
field; thence  on  said  county  line  to  the  Connecticut  river; 
thence  by  the  Connecticut  river  to  the  point  begun  at. 

in.  In  the  area  within  the  following  described  boundary : 
Beginning  on  Route  No.  13  in  the  town  of  Brookline ;  thence  by 
said  Route  to  Route  No.  101  in  the  town  of  Milf ord ;  thence  by 
said  Route  101  to  its  junction  with  Route  31  in  the  town  of 
Wilton;  thence  by  Route  No.  31  to  Lyndeborough  to  Green- 
field and  Bennington  at  the  junction  with  Route  No.  202;  to 
Hancock  at  a  junction  of  Route  No.  137;  thence  by  Route  137 


1949]  Chapter  259  307 

to  Jaflfery  at  a  junction  with  Route  No.  202;  thence  by  Route 
No.  202  to  Rindge  at  the  Massachusetts  state  line;  thence  by 
said  state  line  to  the  point  begun  at. 

IV.  That  part  of  Bear  Brook  Game  Refuge  open  to  bow 
and  arrow  hunting  of  deer  in  accordance  with  the  provisions 
of  section  12-b  of  chapter  246  of  the  Revised  Laws  as  inserted 
by  chapter  152  of  the  Laws  of  1947. 

16-c.  Regulations.  No  bow  shall  be  used  for  hunting 
deer  unless  it  will  pull  at  least  forty  pounds.  No  mechanically 
drawn  or  released  bow  may  be  used  and  deer  may  not  be  taken 
by  a  strung  bow  in  a  motor  vehicle.  No  arrow  shall  be  used 
other  than  broad  heads  which  broad  heads  shall  be  not  less 
than  seven-eighths  inch  nor  more  than  one  and  one-half  inches 
wide  and  when  arrows  are  used  in  such  hunting  the  name  and 
address  of  the  bowman  must  be  plainly  printed  on  each  arrow. 
No  person  shall  take  deer  by  bow  and  arrow  unless  he  has 
complied  with  the  provisions  of  this  section. 

2.     Takes    Effect.      This    act    shall   take    effect    upon   its 
passage. 
[Approved  June  16,  1949.] 


CHAPTER  259. 


AN  ACT  RELATIVE  TO  LEASE  RECEIPTS  ON  LAND  TAKEN  FOR 
FLOOD  CONTROL. 

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

1.  Lease  Receipts.  Amend  chapter  4  of  the  Revised  Laws 
as  amended  by  chapter  41  of  the  Laws  of  1945  by  adding  at 
the  end  thereof  the  following  new  sections :  7.  Disbursement 
of  Lease  Receipts  by  State.  Whenever  the  state  treasurer 
shall  have  funds  in  his  possession  paid  by  the  United  States 
on  account  of  leasing  of  land  acquired  by  the  United  States 
for  flood  control  purposes,  he  shall  forthwith  remit  said  funds 
to  the  treasurers  of  the  counties  in  which  the  leased  lands 
lie,  in  proportion  to  the  area  of  such  leased  land  which  lies  in 
each  such  county  as  shown  by  the  comprehensive  plan  for 
flood  control  of  the  New  England  division  Corps  of  Engineers 
and  the  governor  is  authorized  to  draw  his  warrant  for  said 


308  Chapter  260  [1949 

purposes.  8.  By  Counties.  Whenever  any  county  treasurer 
shall  have  in  his  possession  funds  received  from  the  state 
treasurer  under  the  provisions  of  section  7,  he  shall  forthv^^ith 
remit  said  funds,  in  proportion  to  the  area  of  such  leased  land 
which  lies  in  each  city  or  town  in  said  county,  as  shown  by  the 
comprehensive  plan  for  flood  control  of  the  New  England 
division  Corps  of  Engineers,  as  follows :  I.  To  the  treasurer 
of  the  school  district  of  those  cities  or  towns  which  are  co- 
extensive with  such  school  district,  for  the  benefit  of  the 
schools  therein;  II.  To  the  treasurer  of  the  city  or  town  of 
those  cities  or  towns  with  which  the  school  district  is  not  co- 
extensive, for  the  benefit  of  the  public  roads  therein. 

2.    Takes    Effect.      This    act   shall   take    effect    upon   its 
passage. 
[Approved  June  16,  1949.] 


CHAPTER  260. 

AN  ACT  RELATIVE  TO  PAYMENTS  TO  TOWNS  FOR  FLOOD  CONTROL. 

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

1.  Flood  Control.  Amend  section  4  of  chapter  4  of  the 
Revised  Laws  as  amended  by  chapter  41  of  the  Laws  of  1945 
by  striking  out  the  word  "ten"  in  the  ninth  line  and  inserting 
in  place  thereof  the  word,  fifteen,  so  that  said  section  as 
amended  shall  read  as  follows:  4.  Reimbursement  to  Cities 
and  Towns  Authorized.  On  or  before  the  first  day  of  October  of 
eacli  year,  the  state  treasurer  shall  pay  to  each  town  and  city 
in  which  any  land  or  interest  therein  is  acquired  hereunder  by 
the  United  States  a  sum  equal  to  the  taxes  which  would  have 
been  assessed  against  said  lands  or  interest  therein  in  such 
town  if  the  same  had  been  included  in  the  list  of  taxable  prop- 
erty for  such  year,  at  the  assessed  valuation  of  the  same  as 
determined  for  the  tax  year  1939,  for  a  period  of  fifteen  years 
next  ensuing  the  year  said  lands  or  interest  therein  becomes 
exempt  from  taxation,  less  any  amount  paid  or  due  that  town 
for  that  year  by  or  from  the  United  States  or  any  agency 
thereof  because  of  loss  of  taxable  valuation,  the  amount  of  said 
payment  to  be  determined  by  the  tax  commission  and  certified 


1949]  Chapter  261  309 

by  it  to  the  state  treasurer  on  or  before  the  fifteenth  day  of 
September  of  each  year  for  which  such  reimbursement  is  to 
be  made;  and  the  governor  is  authorized  to  draw  his  warrant 
for  the  payment  thereof  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  Provided,  however,  that  no  payments 
shall  be  made  or  required  on  account  of  reimbursement  for 
loss  of  taxes  on  any  structure  which  may  be  erected  on  such 
premises  in  connection  with  the  construction  or  use  of  said 
project,  or  on  account  of  any  railroad  or  other  public  utility 
which  may  be  relocated  as  a  result  of  such  acquisition  and 
which  thereafter  is  included  in  the  list  of  taxable  property  in 
said  town  when  relocated. 

2.    Takes    Effect.      This    act   shall    take    effect    upon   its 
passage. 
[Approved  June  18,  1949.] 


CHAPTER  261. 


AN  ACT  RELATIVE  TO  RIGHTS  OF  VILLIGE  DISTRICTS  TO 
COLLECT  GARBAGE. 

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

1.  Public  Dumping  Facilities.  Amend  section  32  of 
chapter  165  of  the  Revised  Laws  as  inserted  by  section  1, 
chapter  133  of  the  Laws  of  1949,  by  adding  at  the  end  thereof 
the  words,  and  to  provide  means  for  collection,  removal  and 
destruction  of  garbage  and  other  waste  materials,  so  that  said 
section  as  amended  shall  read  as  follows:  32.  Precincts. 
Any  precinct  or  village  district  organized  under  general  or 
special  laws  may,  by  vote  under  an  article  in  the  warrant  for 
the  meeting  at  which  the  action  is  taken,  vote  to  adopt  the 
provisions  of  this  subdivision  and  appropriate  money  for  the 
purposes  hereof  and  to  provide  means  for  collection,  removal 
and  destruction  of  garbage  and  other  waste  materials. 

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

[Approved  June  21,  1949.] 


310  Chapters  262, 263  [1949 

CHAPTER  262. 

AN  ACT  RELATING  TO  UNEMPLOYMENT  COMPENSATION  BENEFITS 
FOR  NATIONAL  GUARD  PERSONNEL. 

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

1.  Exceptions  for  National  Guard  Personnel.  Amend  para- 
graph (1),  sub-section  P,  section  1  of  chapter  218  of  the 
Revised  Laws  as  amended  by  chapter  59  of  the  Laws  of  1947 
by  inserting  at  the  end  thereof  the  following:  (e)  Any  amounts 
received  from  the  federal  government  by  members  of  the 
national  guard  and  organized  reserve,  as  drill  pay,  including 
longevity  pay  and  allowances. 

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

[Approved  June  21,  1949.] 


CHAPTER  263. 

AN  ACT  RELATING  TO  TAKING  HARES  AND  RABBITS. 

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

1.  Hares  amd  Rabbits.  Amend  section  17  of  chapter  242  of 
the  Revised  Laws  as  amended  by  chapter  58  of  the  Laws  of 
1943  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  17.  Taking;  Limit.  Hares  and  rabbits  may 
be  taken  and  possessed  from  October  first  to  March  first.  No 
person  shall  take  more  than  three  hares  and  five  cotton-tail 
rabbits  in  one  day,  and  the  total  number  of  hares  and  cotton- 
tail rabbits  taken  in  one  day  shall  not  exceed  five.  No  person 
shall  take  hares  and  rabbits  by  the  use  of  a  snare. 

2.  Fish  and  Game  Director.  Amend  chapter  242  of  the 
Revised  Laws  by  inserting  after  section  17  the  following  new 
section:  17-a.  Power  to  Close  any  Area.  Notwithstanding 
the  other  provisions  of  this  chapter,  the  director,  for  the  pur- 
pose of  propagation,  shall  have  power  and  authority  to  close 
any  area  in  the  state  for  taking  hares  and  rabbits  for  a  period 
not  exceeding  ninety  dys  in  any  one  calendar  year. 

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

[Approved  June  21,  1949.] 


1949]  Chapter  264  311 

CHAPTER  264. 

AN  ACT  RELATIVE  TO  PAYMENT  OF  CERTAIN  MONIES  RECEIVED 
FROM  THE  TREASURER  OF  THE  UNITED  STATES. 

Whereas,  there  is  in  the  hands  of  the  state  treasurer  cer- 
tain monies  to  the  credit  of  the  towns  of  Ellsworth  and  Liver- 
more,  said  monies  having  been  received  from  the  treasurer  of 
the  United  States  on  account  of  national  forest  lands  in  said 
towns;  and 

Whereas,  the  law  of  the  United  States  requires  that  said 
monies  shall  be  expended  for  the  benefit  of  the  public  schools 
and  public  roads  in  the  county  in  which  said  lands  lie ;  and 

Whereas,  the  school  district  of  the  town  of  Ellsworth  has 
been  abolished  and  the  liability  for  the  education  of  children  in 
said  town  has  been  transferred  to  the  state  board  of  edu- 
cation ;  and 

Whereas,  there  is  in  the  town  of  Livermore  no  town  clerk 
or  other  officer  to  whom  said  monies  may  be  paid,  now  there- 
fore, 

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

1.  Authority  Granted.  The  state  treasurer  is  authorized 
and  directed  to  pay  over  to  the  state  board  of  education  one 
half  of  all  monies  received  by  him  from  the  treasurer  of  the 
United  States  on  account  of  national  forest  lands  in  the  town 
of  Ellsworth  and  to  pay  over  to  the  treasurer  of  said  town  the 
balance  of  said  monies.  The  share  of  said  monies  in  the  hands 
of  the  state  board  of  education  shall  be  expended  for  the  edu- 
cation of  the  children  in  the  town  of  Ellsworth  and  the  balance 
shall  be  expended  by  said  town  for  roads  therein.  The  state 
treasurer  is  authorized  to  expend  the  monies  received  from  the 
treasurer  of  the  United  States  on  account  of  national  forest 
lands  in  the  town  of  Livermore  for  the  benefit  of  public  schools 
and  public  roads  in  the  county  of  Grafton  in  such  manner  as 
the  governor  and  council  may  from  time  to  time  determine. 

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

[Approved  June  22,  1949.] 


312  Chapter  265  [1949 

CHAPTER  265. 

AN  ACT  INCREASING  FEES  PAID  TO  THE  SECRETARY  OF  STATE 

FOR  CORPORATION  AND  PARTNERSHIP  REGISTRATIONS, 

LICENSES,  ENGROSSING  PRIVATE  ACTS,  ELECTION 

RECOUNTS  AND  MISCELLANEOUS  DOCUMENTS. 

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

1.  Voluntary  Corporations.  Amend  chapter  272  of  the 
Revised  Laws  by  inserting  after  section  4  the  following  new 
section:  4-a.  Fees.  The  fee  for  recording  the  articles  of 
agreement  in  the  office  of  the  secretary  of  state  as  required  in 
section  4  shall  be  five  dollars.  The  fee  for  recording  any 
record  of  amendment  in  the  office  of  the  secretary  of  state  as 
required  in  section  6  shall  be  five  dollars. 

2.  Co-operative  Marketing.     Amend  section   6  of  chapter 

273  of  the  Revised  Laws  by  striking  out  the  word  "ten"  in  the 
second  line  and  inserting  in  place  thereof  the  word,  twenty, 
and  by  striking  out  the  words  "two  dollars  and  fifty  cents"  in 
the  third  line  and  inserting  in  place  thereof  the  words,  five 
dollars,  so  that  said  section  as  amended  shall  read  as  follows: 
6.  Fees.  For  filing  a  certificate  of  organization,  an  asso- 
ciation shall  pay  twenty  dollars  to  the  secretary  of  state ;  and 
for  filing  an  amendment  thereto,  five  dollars. 

3.  Business  Corporations.     Amend  section  112  of  chapter 

274  of  the  Revised  Laws  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  112.  Record  of 
Organization.  The  fee  for  recording  the  record  of  organi- 
zation required  by  section  15,  including  the  issuing  by  the 
secretary  of  state  of  the  certificate  of  incorporation,  shall  be: 

L  When  the  authorized  capital  stock  does  not  exceed  ten 
thousand  dollars,  twenty  dollars. 

IL  When  such  authorized  capital  stock  exceeds  ten  thou- 
sand dollars,  but  does  not  exceed  fifty  thousand  dollars,  fifty 
dollars. 

in.  When  such  authorized  capital  stock  exceeds  fifty 
thousand  dollars,  but  does  not  exceed  two  hundred  and  fifty 
thousand  dollars,  two  hundred  dollars. 

IV.  When  such  authorized  capital  stock  exceeds  two 
hundred  and  fifty  thousand  dollars,  but  does  not  exceed  five 
hundred  thousand  dollars,  three  hundred  dollars. 


1949]  Chapter  265  313 

V.  When  such  authorized  capital  stock  exceeds  five  hun- 
dred thousand  dollars,  but  does  not  exceed  one  million  dollars, 
five  hundred  dollars. 

VI.  For  each  additional  one  hundred  thousand  dollars 
above  one  million  dollars,  twenty  dollars. 

4.  Recording.  Amend  section  113  of  chapter  274  of  the 
Revised  Laws  by  striking  out  the  word  "five"  in  the  fifth  line 
and  inserting  in  place  thereof  the  word,  ten,  so  that  said 
section  as  amended  shall  read  as  follows:  113.  Amendments. 
The  fee  for  recording  the  record  of  amendment  required  by 
section  45,  providing  for  an  increase  of  the  capital  stock,  shall 
be  such  sum  as,  when  added  to  the  fees  paid  at  the  time  of  the 
original  authorization  and  prior  increase,  if  any,  will  make  the 
total  fees  accord  with  the  foregoing  schedule;  provided,  how- 
ever, that  the  minimum  fee  shall  be  ten  dollars. 

5.  Minimum  Fee.  Amend  section  116  of  chapter  274  of  the 
Revised  Laws  by  striking  out  the  word  "five"  in  the  ninth  line 
and  inserting  in  place  thereof  the  word,  ten,  so  that  said 
section  as  amended  shall  read  as  follows:  116.  Annual  Fee. 
For  the  privilege  of  continuing  its  corporate  franchise,  every 
such  corporation  shall  pay  annually  to  the  secretary  of  state, 
at  the  time  of  making  its  annual  return,  a  fee  equal  to  one 
fourth  the  amount  paid  upon  filing  its  original  record  of  organ- 
ization plus  one  fourth  of  additional  payments  for  increases  in 
its  authorized  capital  stock,  if  any;  in  case  the  authorized 
capital  stock  is  reduced,  the  annual  return  fee  shall  be  one 
fourth  the  amount  required  for  the  original  fee  of  a  corporation 
capitalized  at  the  amount  as  reduced.  In  no  case,  however, 
shall  such  annual  fee  be  more  than  one  hundred  dollars  or  less 
than  ten  dollars  and  it  shall  not  be  required  of  any  such  corpo- 
ration which  on  March  first  of  any  year  shall  not  have  been  in- 
corporated more  than  six  months. 

5-a.  Corporations.  Amend  section  104  chapter  274  of 
the  Revised  Laws  by  inserting  after  the  words  "insurance 
commissioner"  the  words,  and  except  holders  of  certificates  of 
approval  under  the  provisions  of  section  78  of  chapter  170  of 
the  Revised  Laws,  so  that  said  section  as  amended  shall  read 
as  follows:  104.  Returns.  Every  business  corporation,  in- 
cluding foreign  corporations  doing  business  in  this  state,  ex- 
cept public  utility  or  other  corporations  making  annual  re- 
turns to  the  public  service  commission  or  the  insurance  com- 
missioner, and  except  holders  of  certificates  of  approval  under 


314  Chapter  265  [1949 

the  provisions  of  section  78  of  chapter  170  of  the  Revised 
Laws,  shall  annually,  on  or  before  April  first,  make  a  return 
in  writing  to  the  secretary  of  state  upon  blanks  to  be  furnished 
by  him  upon  request. 

6.  Annual  Report.  Amend  section  107  of  chapter  274  of 
the  Revised  Laws  by  striking  out  the  word  "five"  in  the  second 
line  and  inserting  in  place  thereof  the  word,  ten,  so  that  said 
section  as  amended  shall  read  as  follows:  107.  Filing  Fee. 
Every  corporation  shall  pay  to  the  secretary  of  state,  with  such 
annual  return,  a  filing  fee  of  ten  dollars. 

7.  Late  Filing.  Amend  section  109  of  chapter  274  of  the 
Revised  Laws  by  striking  out  the  word  "five"  in  the  fourth 
line  and  inserting  in  place  thereof  the  word,  ten,  so  that  said 
section  as  amended  shall  read  as  follows:  109.  Subsequent 
Returns.  It  shall  be  the  duty  of  the  corporation  to  make  or 
cause  to  be  made  its  annual  return  and  payment  of  return  fee 
on  or  before  April  first;  and,  if  it  fails  so  to  do,  it  shall  be  re- 
quired to  pay  an  additional  fee  of  ten  dollars,  as  well  as  to  make 
the  annual  return. 

8.  Railroad  Corporations.  Amend  chapter  296  of  the  Re- 
vised Laws  by  inserting  after  section  5  the  following  new 
section:  5-a.  Recording  Fees.  The  fee  for  recording  articles 
of  agreement  in  the  office  of  the  secretary  of  state  as  provided 
in  section  5  shall  be  at  the  rate  of  one  dollar  per  page. 

9.  Uniform  Trust  Receipts.  Amend  paragraph  III  of 
section  13  of  chapter  263  of  the  Revised  Laws  by  striking  out 
the  words  "one  dollar"  in  the  sixth  line  and  inserting  in  place 
thereof  the  words,  two  dollars,  so  that  said  section  as  amended 
shall  read  as  follows :  III.  It  shall  be  the  duty  of  the  secre- 
tary of  state  to  mark  each  statement  filed  with  a  consecutive 
file  number,  and  with  the  date  and  hour  of  filing,  and  to  keep 
such  statement  in  a  separate  file;  and  to  note  and  index  the 
filing  in  a  suitable  index,  indexed  according  to  the  name  of  the 
trustee  and  containing  a  notation  of  the  trustee's  chief  place 
of  business  as  given  in  the  statement.  The  fee  for  such  filing 
shall  be  two  dollars. 

10.  General  Partnerships.  Amend  section  5  of  chapter  186 
of  the  Revised  Laws  by  striking  out  the  words  "one  dollar"  in 
the  third  line  and  inserting  in  place  thereof  the  words,  two 
dollars,  so  that  said  section  as  amended  shall  read  as  follows : 
5.  Record;  Fees;  Blanks.  The  secretary  of  state  shall  keep  a 
suitable  file  or  record  of  such  certificates,  and  the  filing  fee  for 


1949]  Chapter  265  315 

each  certificate  shall  be  two  dollars.  He  shall  prepare  blanks 
for  such  certificates,  and  shall,  on  request,  furnish  such  blanks 
to  persons,  partnerships  or  associations  subject  to  the  pro- 
visions of  this  subdivision. 

11.  Limited  Partnerships.  Amend  chapter  187  of  the  Re- 
vised Laws  by  inserting  after  section  2  the  following  new 
section:  2-a.  Fees.  The  fee  for  recording  the  certificate  in 
the  office  of  the  secretary  of  state  as  provided  in  section  2  shall 
be  ten  dollars. 

12.  Oommissions.  Amend  section  15  of  chapter  21  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  15.  Office  Fees.  Except  as 
otherwise  provided,  the  following  fees  shall  be  paid  to  the 
secretary  of  state  for  the  use  of  the  state:  For  every  com- 
mission issued  to  a  justice  of  the  peace  or  to  a  notary  public, 
ten  dollars;  for  every  other  commission  to  any  person  for  an 
office  of  profit,  five  dollars,  to  be  paid  by  such  person ;  for  every 
certificate  under  seal  of  the  state,  one  dollar;  for  engrossing 
private  acts,  one  dollar  for  each  page  of  two  hundred  and  forty 
words. 

13.  Province  Records.  Amend  chapter  21  of  the  Revised 
Laws  by  adding  after  section  17  the  following  new  section: 
18.  Fee.  The  fee  for  furnishing  copies  of  records  as  provided 
in  section  17  shall  be  one  dollar  for  each  page  of  two  hundred 
and  forty  words. 

14.  Brands  for  Bottles.  Amend  section  10  of  chapter  207 
of  the  Revised  Laws  by  striking  out  the  words  "one  dollar"  in 
the  eleventh  line  and  inserting  in  place  thereof  the  words,  two 
dollars,  so  that  said  section  as  amended  shall  read  as  follows: 
10.  Registering.  A  person  engaged  in  buying,  selling  or  deal- 
ing in  milk  or  cream  in  cans,  cases,  boxes,  bottles,  jars  or  jugs, 
or  bottling  or  selling  beverages  in  bottles  or  vessels  with  his 
name  and  the  word  "registered"  branded,  engraved,  blown  or 
otherwise  produced  thereon,  or  on  the  boxes  used  by  him,  may 
register  the  same  by  filing  in  the  office  of  the  clerk  of  the  city 
or  town  in  which  his  principal  place  of  business  is  situated,  or 
in  the  office  of  the  secretary  of  state,  a  description  of  the  name 
so  used  by  him,  and  publishing  such  description  once  in  each  of 
two  successive  weeks  in  a  newspaper,  if  any,  published  in  the 
city  or  town  in  which  his  principal  place  of  business  is  situ- 
ated ;  otherwise,  in  a  newspaper  published  in  the  county.     The 


316  Chapter  265  [1949 

fee  for  registration  with  the  secretary  of  state  shall  be  two 
dollars  for  each  brand  so  registered. 

15.  Bonded  Warehouses.  Amend  section  1  of  chapter  205 
of  the  Revised  Laws  by  striking  out  the  word  "twenty-five"  in 
the  sixth  line  and  inserting  in  place  thereof  the  word,  fifty,  so 
that  said  section  as  amended  shall  read  as  follows:  1. 
Licenses.  Any  person,  or  corporation  established  under  the 
laws  of  the  state  and  having  a  place  of  business  within  the 
state,  who  keeps  and  maintains  for  hire  a  warehouse  for  the 
storage  of  goods,  wares,  and  merchandise  of  persons  or  corpo- 
rations other  than  himself  shall  be  a  public  warehouseman.  A 
public  warehouseman  shall  obtain  an  annual  license  from  the 
secretary  of  state.  The  fee  for  such  license  shall  be  fifty 
dollars.  Whoever  violates  any  provision  of  this  section  shall  be 
fined  not  more  than  two  hundred  dollars  or  imprisoned  not  more 
than  six  months,  or  both. 

16.  Itinerant  Vendors.  Amend  section  4  of  chapter  189  of 
the  Revised  Laws  by  striking  out  the  word  "twenty-five"  in 
the  fourth  hne  and  inserting  in  place  thereof  the  word,  fifty, 
so  that  said  section  as  amended  shall  read  as  follows :  4.  De- 
posit; Fee;  Issue.  Every  itinerant  vendor  desiring  to  do  busi- 
ness in  this  state  shall  make  a  special  deposit  of  five  hundred 
dollars  with  the  secretary  of  state,  and  thereafter,  upon  appli- 
cation in  proper  form  and  the  further  payment  of  fifty  dollars 
as  a  state  license  fee,  the  secretary  of  state  shall  issue  to  him 
an  itinerant  vendor's  license,  authorizing  him  to  do  business 
in  this  state  in  conformity  with  the  provisions  of  this  chapter, 
for  the  term  of  one  year  from  the  date  thereof.  The  license 
shall  contain  a  copy  of  the  application  upon  which  it  is  granted. 

17.  Election  Recounts.  Amend  section  56  of  chapter  33  of 
the  Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  56.  Fees.  No  candidate  shall 
be  entitled  to  a  recount  unless  he  shall  pay  to  the  secretary  of 
state,  at  the  time  of  filing  his  application  therefor,  fees  as 
follows:  If  a  candidate  for  governor,  United  States  senator 
or  other  officer  voted  for  throughout  the  state,  two  hundred 
dollars;  for  representative  in  congress,  one  hundred  dollars; 
for  councilor,  fifty  dollars ;  for  a  county  office  or  state  senator, 
twenty  dollars ;  for  member  of  the  house  of  representatives, 
supervisor  of  the  check-list,  moderator,  ward  clerk  or  select- 


1949]  Chapter  265  317 

man  where  selectmen  are  elected  at  the  biennial  election,  ten 
dollars. 

18.  Liquor  Laws.  Amend  section  44  of  chapter  170  of  the 
Revised  Laws  as  amended  by  section  2,  chapter  2  of  the  Laws  of 
1943,  by  striking  out  the  word  "five"  in  the  fifth  line  and  in- 
serting in  place  thereof  the  word,  ten,  and  by  striking  out  the 
word  "twenty-five"  in  the  ninth  line  and  inserting  in  place 
thereof  the  word,  fifty,  so  that  said  section  as  amended  shall 
read  as  follows :  44.  Recount.  Five  legal  voters  of  any  city 
or  town  which  shall  have  voted  upon  questions  (a)  and  (b) 
may,  within  ten  days  thereafter,  petition  the  secretary  of  state 
for  a  recount  of  the  votes  cast  upon  one  or  both  of  said 
questions.  Such  application  shall  be  accompanied  by  a  fee  of  ten 
dollars  for  each  one  thousand  ballots  or  fraction  thereof  cast  at 
said  election  in  said  town,  provided,  however,  that  but  one  fee 
shall  be  payable  in  the  event  a  recount  is  desired  on  both 
questions  and  in  no  event  shall  such  fee  exceed  fifty  dollars. 
The  secretary  of  state  shall  fix  a  time  for  such  recount  and 
shall  notify  the  petitioners  and  the  selectmen,  clerk,  and 
moderator  of  the  town,  or  the  mayor  and  clerk  of  the  city,  by 
mail,  of  the  time  and  place  so  fixed.  He  shall  request  the  clerk 
having  custody  of  the  ballots  to  forward  them  forthwith  to  the 
secretary  of  state,  and  the  clerk  shall  immediately  forward 
such  ballots,  and  they  shall  be  preserved  by  the  secretary  of 
state  until  the  succeeding  biennial  election. 

19.  Certificates  for  Optometrists.  Amend  section  11  of 
chapter  253  of  the  Revised  Laws  by  striking  out  the  words 
"fifty  cents"  in  the  third  line  and  inserting  in  place  thereof 
the  words,  two  dollars,  so  that  said  section  as  amended  shall 
read  as  follows :  11.  Registration  of  Certificate.  Every  per- 
son to  whom  a  certificate  shall  be  granted  by  said  board  shall 
cause  the  same  to  be  recorded  in  the  office  of  the  secretary  of 
state,  the  fee  for  such  record  to  be  two  dollars. 

20.  Liens  on  Logs.  Amend  paragraph  (c)  of  section  14-a 
of  chapter  264  of  the  Revised  Laws  as  inserted  by  chapter  184 
of  the  Laws  of  1949  by  striking  out  the  word  "five"  and  insert- 
ing in  place  thereof  the  word,  ten,  so  that  said  paragraph  as 
amended  shall  read  as  follows:  (c)  The  fee  for  registering 
each  such  mark  with  the  secretary  of  state,  which  fee  shall  in- 
clude the  issuance  of  the  certificate  of  registration  thereof, 
shall  be  ten  dollars.  The  fee  for  the  issuance  of  each  certified 
copy  of  such  certificate,  by  the  secretary  of  state,  shall  be  one 


318  Chapter  266  [1949 

dollar.  The  fee  for  recording  a  certified  copy  of  any  such 
certificate  of  registration  in  any  registry  of  deeds  shall  be  one 
dollar. 

21.  Takes  Effect.  This  act  shall  take  effect  upon  its 
passage,  provided  that  the  status  of  licenses  and  commissions 
already  issued  and  effective  at  the  time  of  the  passage  of  this 
act  shall  not  be  affected  in  so  far  as  payment  of  fees  is  con- 
cerned. 
[Approved  June  22,  1949.] 


CHAPTER  266. 

AN  ACT  RELATIVE  TO  PARTITION  PROCEEDINGS. 

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

1.  Partition  Proceedings.  Amend  section  1  of  chapter  410 
of  the  Revised  Laws  by  adding  at  the  end  of -said  section  the 
following  sentence:  The  holder  in  possession  of  a  fee  simple 
interest  in  such  real  estate  may  have  partition,  irrespective  of 
the  class  or  duration  of  the  estate  of  any  petitionee  named  in 
the  action,  so  that  such  section  as  amended  shall  read  as 
follows:  1.  Parties.  One  or  more  persons,  having  or  hold- 
ing real  estate  with  others,  in  possession,  reversion  or  re- 
mainder, may  have  partition  thereof  as  in  this  chapter  pro- 
vided. And  the  petitioner  may,  at  his  election,  make  a  tenant 
for  life  or  for  years,  or  a  tenant  by  the  curtesy  of  the  entire 
real  estate  or  any  part  thereof,  or  whoever  may  be  entitled  to 
a  contingent  or  vested  remainder  or  revision  or  any  executory 
interest  in  the  entire  real  estate  or  any  part  thereof,  or  any 
lien-holder  on  the  entire  real  estate  or  any  part  thereof,  a 
petitionee  in  the  action.  The  holder  in  possession  of  a  fee 
simple  interest  in  such  real  estate  may  have  partition, 
irrespective  of  the  class  or  duration  of  the  estate  of  any 
petitionee  named  in  the  action. 

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

[Approved  June  22,  1949.] 


1949]  Chapter  267  319 

CHAPTER  267. 

AN  ACT  PROVIDING  FOR  MUTUAL  AID    SERVICE  IN  CONNECTION 

WITH  FIRES. 

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

1.  Mutual  Aid  Service  for  Fires.  Amend  chapter  175  of 
the  Revised  Laws  by  inserting-  after  section  21  the  following 
new  sections :     22.     Outside  Service  by  Local  Fire  Department. 

Any  city,  town,  village  or  fire  district  may  vote  to  authorize 
their  respective  fire  department  to  go  to  the  aid  of  another 
city,  town,  village  or  fire  district  within  or  without  the  state, 
for  the  purpose  of  extinguishing  fires  therein. 

23.  Rights,  Privileges,  Immunities.  While  in  the  per- 
formance of  their  duties  in  extending  such  aid,  firemen  shall 
be  subject  to  the  control  and  direction  of  the  chief  fire  official 
of  the  municipality  within  which  the  fire  occurs,  and  they  shall 
have  the  same  immunities  and  privileges  as  if  performing  the 
same  duties  within  their  respective  city,  town,  village  or  fire 
district. 

24.  Loss  or  Damage.  Any  expenses  incurred  by  any  fire 
department,  in  rendering  such  aid  outside  the  limits  of  its 
jurisdiction  as  provided  hereunder,  including  loss  or  damage 
to  equipment  may  be  charged  to  the  city,  town,  village  or  fire 
district  whose  officials  requested  such  aid. 

25.  Donation  of  Services.  Nothing  contained  herein 
shall  be  construed  to  prohibit  any  city,  town,  village  or  fire  dis- 
trict extending  such  aid  from  donating  their  equipment  and 
services  and  assuming  the  damage  or  loss  to  their  equipment. 

26.  Conditions  and  Restrictions.  Any  such  vote  may 
authorize  the  head  of  the  fire  department  to  extend  such  aid, 
subject  to  such  conditions  and  restrictions  as  may  be  pre- 
scribed therein. 

27.  Compeaisation.  Any  city,  town,  village  or  fire  dis- 
trict aided  under  and  in  accordance  with  the  aforesaid  sections 
may  compensate  any  city,  town,  village  or  fire  district  render- 
ing aid  to  (a)  employees  for  compensation  during  the  time  in 
which  the  rendering  of  their  services  prevented  them  from  per- 
forming their  regular  duties  at  their  place  of  employment,  and 
(b)  may  reimburse  in  part  or  in  whole  for  any  payments  law- 
fully made  to  any  member  of  its  fire  department  or  to  his 


320  Chapter  268  [1949 

widow  or  other  dependents  on  account  of  injuries  or  death 
suffered  by  him  in  the  course  of  rendering  aid  as  aforesaid  or 
of  death  resulting  from  such  injuries. 

28.  Duties  of  the  State  Fire  Marshal.  At  the  request  of 
any  chief  of  an  organized  fire  department  within  the  state,  the 
fire  marshal  shall  give  all  help  and  assistance  possible  in  co- 
ordinating the  services  of  fire  departments  giving  the  mutual 
aid  in  the  extinguishment  of  fires. 

2.     Takes    Effect.      This    act    shall   take    effect    upon   its 
passage. 
[Approved  June  22,  1949.] 


CHAPTER  268. 


Be  it  enacted  by  the  Senate  and  House  of  Repi'esentatives  in 
Geneml  Cowt  convened: 

AN  ACT  RELATIVE  TO  DIVISION  OF  THE  STATE  FOR  TAKING 
WILD  DEER. 

1.  iWild  Deer.  Amend  section  3  of  chapter  242  of  the 
Revised  Laws  as  amended  by  chapter  191  of  the  Laws  of  1943 
and  chapter  168  of  the  Laws  of  1945  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  3. 
Taking;  Time.  Wild  deer,  outside  game  preserves,  may  be 
hunted  and  taken  from  one-half  hour  before  sunrise  to  one- 
half  hour  after  sunset  in  that  part  of  the  state  which  lies  north 
of  the  following  described  line,  during  the  month  of  November ; 
and  in  that  part  of  the  state  lying  south  of  the  following  de- 
scribed line,  during  the  month  of  December,  provided  that  no 
deer  shall  be  hunted  or  taken  at  any  time  on  any  island  or  in 
any  waters  or  lakes  and  ponds.  The  line  for  the  division  of 
the  state  for  the  purpose  of  taking  wild  deer  is  described  as 
follows:  Beginning  at  the  boundary  line  with  the  state  of 
Vermont  in  the  town  of  Orford  on  route  25A,  thence  on  said 
route  to  Orfordville,  thence  to  Wentworth  on  route  25,  thence 
on  said  route  25  to  Rumney  Depot,  thence  from  Rumney  Depot 
to  Rumney  Village,  thence  following  by  Lake  Stinson  to  West 
Campton,  thence  from  West  Campton  to  Campton  Station, 
thence  from  Campton  Station  to  Campton  Lower  Village, 
thence  from  Campton  Lower  Village  to  Campton  Upper  Village, 


1949]  Chapter  269  321 

thence  from  Campton  Upper  Village  following  the  Waterville 
Valley  road  up  Mad  River  to  the  junction  on  the  Sandwich 
Notch  road,  thence  following  the  Sandwich  Notch  road  to  the 
town  line  betv/een  Sandwich  and  Thornton,  thence  following 
said  town  line  northerly  to  the  Waterville  town  line,  thence 
along  the  boundary  line  between  Waterville  and  Sandwich  to 
the  easterly  bound  of  the  town  of  Sandwich,  thence  southerly 
by  the  Sandwich  town  line  to  route  113-A,  thence  easterly  and 
southerly  by  said  route  113-A  to  route  113,  thence  by  route  113 
to  route  16  in  the  town  of  Tarn  worth,  thence  northerly  and 
easterly  on  route  16  to  the  junction  with  route  113  in  the  town 
of  Madison,  thence  on  said  route  113  to  the  state  of  Maine 
boundary. 

2.  Special  Closed  Season.  Amend  chapter  242  of  the  Re- 
vised Laws  by  inserting  after  section  3  the  following  new 
section:  3-a.  Powers  of  the  Director.  After  December 
fifteenth  in  any  year  the  director,  with  the  approval  of  the 
commission,  may  close  the  open  season  for  taking  deer  in  any 
area  or  section  if  in  his  opinion  such  action  is  necessary  to 
preserve  an  adequate  brood  stock  of  deer. 

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

[Approved  June  22,  1949.] 


I 


CHAPTER  269. 

AN  ACT  RELATING  TO  LICENSES  FOR  HOTELS. 

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

1.  Liquor.  Amend  section  19  of  chapter  170  of  the  Revised 
Laws  by  striking  out  the  same  and  inserting  in  place  thereof 
the  following:  19.  Licenses  for  Hotels.  The  commission 
may  issue  a  license  to  any  first-class  hotel  in  any  town  if  such 
hotel  also  holds  a  permit  provided  under  section  59.  The  de- 
termination of  what  is  a  first-class  hotel  is  to  be  within  the 
discretion  of  the  commission.  Said  license  shall  entitle  the 
licensee  to  sell  liquor  by  the  glass  and  fortified  wines  by  the 
bottle,  if  the  cork  is  drawn,  to  bona  fide  guests  with  meals  in 
the  dining  room  or  in  the  rooms  of  guests.     In  towns  voting 


322  Chapter  270  [1949 

not  to  approve  the  provisions  of  this  chapter  the  licensee  shall 
not  sell  such  liquor  or  wines  to  a  resident  of  the  town  in  which 
such  hotel  is  located.  In  towns  voting  not  to  approve  the  sale 
of  beverages  a  hotel  holding  a  license  issued  under  the  pro- 
visions of  this  section  shall  be  entitled  to  hold  and  shall  hold  a 
permit  provided  under  section  59  which  permit  shall  authorize 
the  sale  of  beverages  to  bona  fide  guests  with  meals  in  the  din- 
ing room  or  in  the  rooms  of  guests,  provided  that  the  sale  of 
beverages  shall  not  be  made  to  a  resident  of  the  town  in  which 
such  hotel  is  located. 

2.  Resort  Hotels.  Amend  section  20  of  chapter  170  of  the 
Revised  Laws,  as  amended  by  section  1,  chapter  160  of  the 
Laws  of  1945,  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  20.  Special  License.  The  commis- 
sion may  issue  a  special  license  to  any  first-class  hotel,  holding 
the  license  and  permit  provided  under  section  19,  to  serve 
liquor  and  beverages  in  any  room  of  said  hotel  designated  by 
the  commission.  Said  room  shall  not  have  an  immediate  en- 
trance upon  any  public  way.  No  license  provided  by  this 
section  shall  be  issued  to  any  hotel  in  towns  not  accepting  the 
provisions  of  this  chapter  unless  such  hotel  is  classified  as  a 
resort  hotel  by  the  commission,  and  sales  of  liquor  and  bever- 
ages in  such  hotels  shall  not  be  made  to  a  resident  of  the  town 
in  which  such  hotel  is  located.  The  commission  may  grant, 
regulate,  suspend,  or  revoke  said  special  license  without  affect- 
ing any  other  license  and  permit  which  may  be  granted  to  said 
hotel.  The  fee  for  such  special  license  shall  be  one  hundred 
dollars  a  year. 

3.  Takes  Effect.     This  act  shall  take  effect  June  1,  1950. 
[Approved  June  23,  1949.] 


CHAPIER  270. 
AN  ACT  ESTABLISHING  THE  DATE  OF  FAST  DAY. 

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

1.  Fast  Day.  Amend  section  2  of  chapter  367  of  the  Re- 
vised Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  2.  Holidays.  Thanksgiving  day 
whenever  appointed,  the  fourth  Monday  in  April  known  as 


1949]  Chapter  271  323 

Fast  Day,  the  first  Monday  in  September,  known  as  Labor  day, 
the  day  on  which  a  biennial  election  is  held,  January  first, 
February  twenty-second.  May  thirtieth,  July  fourth,  October 
twelfth,  November  eleventh,  known  as  Armistice  day,  and 
Christmas  day  are  legal  holidays. 

2.    Takes   Effect.      This   act   shall   take   effect   upon   its 
passage. 
[Approved  June  29,  1949.] 


CHAPTER  271. 

AN  ACT  IN  RELATION  TO  MUNICIPAL  UTILITIES. 

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

1.  Public  Service  Commission.  Before  any  town,  village 
district  or  precinct  shall  vote  to  appropriate  money  or  issue 
bonds  or  notes  for  the  acquisition  of  any  existing  public  utility, 
or  for  the  construction  of  a  public  utility,  or  for  the  recon- 
struction or  enlarging  of  a  municipally  owned  utility,  the 
selectmen  of  the  town  or  the  commissioners  of  the  village  dis- 
trict or  the  commissioners  of  any  precinct  may  submit,  and 
upon  written  application  of  fifty  or  more  qualified  voters  or 
one  fourth  of  the  qualified  voters  of  said  town,  district  or  pre- 
cinct, shall  submit  to  the  public  service  commission  the  gen- 
eral details  of  the  plan  and  the  amount  proposed  to  be  ex- 
pended together  with  engineering  plans  and  specifications. 

2.  Hearing.  Said  commission  shall  after  notice  hold  a 
public  hearing  at  which  time  it  shall  receive  evidence  from  any 
interested  parties,  and  shall  on  its  own  motion  investigate  the 
public  need  for  such  acquisition,  construction,  reconstruction 
or  enlarging  and  the  feasibility  of  said  proposed  plan. 

3.  Findings.  Said  commission  shall  within  thirty  days 
after  said  hearing  issue  a  report  which  shall  contain  its  find- 
ings on  said  plan  as  proposed,  with  the  reasons  therefor,  and 
shall  cause  it  to  be  published  in  a  newspaper  of  general  cir- 
culation in  said  town,  and  shall  also  submit  a  copy  of  said  re- 
port to  the  selectmen  or  precinct  commissioners  of  said  town, 
village  district  or  precinct.  Before  any  vote  is  taken  by  said 
town,  village  district  or  precinct  to  appropriate  money  or  issue 


324  Chapters  272,  273  [1949 

bonds  or  notes  for  any  of  the  purposes  above  mentioned,  said 
findings  of  the  public  service  commission  shall  be  read  to  the 
meeting  by  the  moderator  or  the  chairman. 

4.     Takes   Effect.      This    act    shall    take    effect   upon    its 
passage. 
[Approved  June  29,  1949.] 


CHAPTER  272. 


AN  ACT  OPENING  SHANNON  BROOK  IN  MOULTONBOROUGH 
TO   SMELT  FISHING. 

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

1.  Smelt  Fishing.  Smelt  may  be  taken  and  possessed  dur- 
mg  the  open  season  therefor  from  Shannon  Brook  in  the  town 
of  Moultonborough. 

2.  Application  of  Laws.  Such  part  of  section  22  of  chapter 
245  of  the  Revised  Laws  as  amended  by  regulations  adopted 
by  the  fish  and  game  commissioner  as  may  be  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed  to  the  extent  of 
such  inconsistency.  Other  than  as  provided  in  this  section, 
all  provisions  of  the  Title  relative  to  fish  and  game  shall  apply 
to  the  taking  of  smelt  as  authorized  in  section  1  hereof. 

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

[Approved  June  29,  1949.] 


CHAPTER  273. 

AN  ACT  RELATIVE  TO  THE  BAG  LIMIT  FOR  TAKING  HORNED  POUT. 

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

1.  Horned  Pout.  During  the  open  season  for  taking 
horned  pout  no  person,  within  the  limits  of  Coos  county,  may 
take  more  than  forty  horned  pout  between  twelve  o'clock  noon 
in  one  day  and  twelve  o'clock  noon  of  the  following  day. 

2.  Application  of  Laws.  Such  part  of  section  17  of  chapter 
245  of  the  Revised  Laws  as  revised  and  amended  by  regulations 


1949]  Chapter  274  325 

made  by  the  fish  and  game  director  as  may  be  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed.  Except  as 
otherwise  provided  herein,  all  applicable  provisions  of  the  fish 
and  game  laws  shall  be  applicable  to  the  taking  of  horned  pout 
under  the  special  provisions  of  this  act. 

3.     Takes   Effect.      This    act    shall   take    effect   upon   its 
passage. 
[Approved  June  30,  1949.] 


CHAPTER  274. 


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

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

1.  Apportionment.  That  of  every  thousand  dollars  of 
public  taxes  hereafter  to  be  raised,  the  proportion  which  each 
town  and  place  shall  pay,  and  for  which  the  treasurer  of  the 
state  is  hereby  authorized  to  issue  his  warrant,  shall  be  as 
follows,  to  wit : 

Rockingham  county,  $113.13 

Atkinson,  seventy-four  cents  $0.74 

Auburn,  one  dollar 1.00 

Brentwood,  seventy-five  cents .75 

Candia,  one  dollar  and  ten  cents 1.10 

Chester,  one  dollar  and  ten  cents 1.10 

Danville,  fifty-three  cents  .53 

Deerfield,  one  dollar  and  twenty  cents 1.20 

Derry,  eight  dollars  and  thirty-six  cents 8.36 

East  Kingston,  fifty-seven  cents .57 

Epping,  one  dollar  and  fifty-three  cents 1.53 

Exeter,  ten  dollars  and  sixty  cents 10.60 

Fremont,  seventy-eight  cents .78 

Greenland,  ninety-five  cents  .95 

Hampstead,  one  dollar  and  thirty-seven  cents 1.37 

Hampton,  nine  dollars  and  seventy-five  cents 9.75 

Hampton  Falls,  one  dollar  and  twenty-seven  cents  ....  1.27 

Kensington,  seventy-two  cents .72 

Kingston,  one  dollar  and  thirty-three  cents 1.33 


326                                 Chapter  274  [1949 

Londonderry,  one  dollar  and  seventy-six  cents 1.76 

New  Castle,  one  dollar  and  twenty-one  cents 1.21 

Newfields,  fifty-five  cents 55 

Newington,  one  dollar  and  twenty-one  cents 1.21 

Newmarket,  three  dollars  and  eight  cents 3.08 

Newton,  one  dollar  and  six  cents 1.06 

North  Hampton,  three  dollars  and  eleven  cents 3.11 

North  wood,  one  dollar  and  twenty-seven  cents 1.27 

Nottingham,  eighty-five  cents .85 

Plaistow,  one  dollar  and  eighty-six  cents 1.86 

Portsmouth,  thirty-six  dollars  and  two  cents 36.02 

Raymond,  one  dollar  and  fifty-one  cents 1.51 

Rye,  four  dollars  and  ninety-five  cents 4.95 

Salem,  five  dollars  and  forty-six  cents 5.46 

Sandown,  fifty  cents 50 

Seabrook,  two  dollars  and  two  cents 2.02 

South  Hampton,  forty-two  cents 42 

Stratham,  ninety-two  cents .92 

Windham,  one  dollar  and  seventy-two  cents 1.72 

Strafford  county,  $69.37 

Harrington,  one  dollar  and  sixty-two  cents $1.62 

Dover,  twenty-two  dollars  and  sixty-nine  cents 22.69 

Durham,  three  dollars  and  fifty-one  cents 3.51 

Farmington,  four  dollars  and  eighty-six  cents 4.86 

Lee,  ninety-two  cents .92 

Madbury,  ninety-five  cents 95 

Middleton,  twenty-eight  cents .28 

Milton,  three  dollars  and  sixteen  cents 3.16 

New  Durham,  eighty-eight  cents .88 

Rochester,  seventeen  dollars  and  eighty  cents 17.80 

Rollinsford,  three  dollars  and  twenty-eight  cents 3.28 

Somersworth,  eight  dollars  and  eight  cents 8.08 

Strafford,  one  dollar  and  thirty-four  cents 1.34 

Belknap  county,  $62.05 

Alton,  five  dollars  and  eighty-one  cents $5.81 

Barnstead,  one  dollar  and  thirty-three  cents 1.33 

Belmont,  one  dollar  and  ninety-seven  cents 1.97 

Center  Harbor,  one  dollar  and  forty-six  cents 1.46 

Gilford,  three  dollars  and  ninety-one  cents 3.91 

Gilmanton,  one  dollar  and  forty-eight  cents 1.48 


1949]                               Chapter  274  327 

Laconia,  thirty  dollars  and  one  cent 30.01 

Meredith,  seven  dollars  and  fifty-two  cents 7.52 

New  Hampton,  two  dollars  and  fifty-three  cents 2.53 

Sanbornton,  one  dollar  and  sixty-one  cents 1.61 

Tilton,  four  dollars  and  forty-two  cents 4.42 

Carroll  county,  $41.89 

Albany,  forty-six  cents $0.46 

Bartlett,  one  dollar  and  ninety-two.  cents 1.92 

Brookfield,  seventy-nine  cents 79 

Chatham,  forty  cents .40 

Conway,  six  dollars  and  sixty-seven  cents 6.67 

Eaton,  forty-two  cents .42 

Effingham,  seventy-nine  cents .79 

Freedom,  ninety-eight  cents 98 

Hart's  Location,  six  cents .06 

Jackson,  one  dollar  and  forty-two  cents 1.42 

Madison,  one  dollar  and  forty-four  cents 1.44 

Moultonborough,  four  dollars  and  twelve  cents 4.12 

Ossipee,  three  dollars  and  eight  cents 3.08 

Sandwich,  two  dollars  and  six  cents 2.06 

Tamworth,  two  dollars  and  forty-eight  cents 2.48 

Tuftonboro,  three  dollars  and  fifty  cents 3.50 

Wakefield,  three  dollars  and  fifty-five  cents 3.55 

Wolfeboro,  seven  dollars  and  seventy-five  cents 7.75 

Merrimack  county,  $117.11 

Allenstown,  two  dollars  and  fifty-four  cents $2.54 

Andover,  one  dollar  and  eighty-nine  cents 1.89 

Boscawen,  two  dollars  and  sixty-four  cents 2.64 

Bow,  two  dollars  and  fifty-four  cents 2.54 

Bradford,  one  dollar  and  thirty-six  cents 1.36 

Canterbury,  eighty-five  cents .85 

Chichester,  eighty-three  cents .83 

Concord,  fifty-seven  dollars  and  eighty-nine  cents  ....  57.89 

Danbury,  sixty-six  cents .66 

Dunbarton,  eighty-one  cents .81 

Epsom,  one  dollar  and  twenty-one  cents 1.21 

Franklin,  eleven  dollars  and  ninety-six  cents 11.96 

Henniker,  two  dollars  and  forty-two  cents 2.42 

Hill,  one  dollar  and  eight  cents 1.08 

Hooksett,  two  dollars  and  eighty  cents 2.80 


328                                 Chapter  274  [1949 

Hopkinton,  three  dollars  and  thirty-four  cents 3.34 

Loudon,  one  dollar  and  fourteen  cents 1.14 

Newbury,  two  dollars  and  seven  cents 2.07 

New  London,  four  dollars  and  twenty-three  cents 4.23 

Northfield,  two  dollars  and  ten  cents 2.10 

Pembroke,  three  dollars  and  fifteen  cents 3.15 

Pittsfield,  three  dollars  and  ninety-nine  cents 3.99 

Salisbury,  seventy  cents 70 

Sutton,  one  dollar  and  thirty-nine  cents 1.39 

Warner,  two  dollars  and  seven  cents 2.07 

Webster,  ninety-four  cents 94 

Wilmot,  fifty-one  cents .51 

Hillsborough  county,  $266.06 

Amherst,  two  dollars  and  sixteen  cents $2.16 

Antrim,  two  dollars  and  seventeen  cents 2.17 

Bedford,  three  dollars  and  thirty-three  cents 3.33 

Bennington,  one  dollar  and  sixty-five  cents 1.65 

Brookline,  sixty-seven  cents .67 

Deering,  sixty-four  cents .64 

Francestown,  one  dollar  and  fifteen  cents 1.15 

Goffstown,  six  dollars  and  seventeen  cents 6.17 

Greenfield,  seventy-nine  cents   .79 

Greenville,  two  dollars  and  eight  cents 2.08 

Hancock,  one  dollar  and  sixty-four  cents 1.64 

Hillsborough,  four  dollars  and  twenty-one  cents 4.21 

Holhs,  two  dollars  and  two  cents 2.02 

Hudson,  three  dollars  and  seventy-five  cents 3.75 

Litchfield,  fifty-nine  cents 59 

Lyndeborough,  seventy-four  cents .74 

Manchester,  one  hundred  thirty-five  dollars  and  fifty- 
eight  cents 135.58 

Mason,  forty-two  cents .42 

Men^imack,  two  dollars  and  sixty-three  cents 2.63 

Milford,  six  dollars  and  eighty-nine  cents 6.89 

Mont  Vernon,  sixty-seven  cents 67 

Nashua,  sixty-seven  dollars  and  fifty-six  cents 67.56 

New  Boston,  one  dollar  and  thirty-nine  cents 1.39 

New  Ipswich,  one  dollar  and  ninety-nine  cents 1.99 

Pelham,  one  dollar  and  sixty-six  cents 1.66 

Peterborough,  seven  dollars  and  sixteen  cents 7.16 

Sharon,  twenty-six  cents .26 


1949]                              Chapter  274  329 

Temple,  seventy-one  cents 71 

Weare,  one  dollar  and  seventy-one  cents 1.71 

Wilton,  three  dollars  and  fifty-eight  cents 3.58 

Windsor,  nine  cents  .09 

Cheshire  county,  $77.97 

Alstead,  one  dollar  and  fifty  cents $1.50 

Chesterfield,  two  dollars  and  forty  cents 2.40 

Dublin,  three  dollars  and  seven  cents 3.07 

Fitzwilliam,  one  dollar  and  seventy-one  cents 1.71 

Gilsum,  forty-two  cents 42 

Harrisville,  one  dollar  and  eighty-three  cents 1.83 

Hinsdale,  five  dollars  and  sixteen  cents 5.16 

Jaffrey,  six  dollars  and  twenty-three  cents 6.23 

Keene,  thirty-one  dollars  and  twenty-nine  cents 31.29 

Marlborough,  two  dollars  and  forty-three  cents 2.43 

Marlow,  thirty-nine  cents 39 

Nelson,  seventy-three  cents  .73 

Richmond,  thirty-one  cents .31 

Rindge,  one  dollar  and  fifty-eight  cents 1.58 

Roxbury,  twenty-two  cents .22 

Stoddard,  sixty-six  cents 66 

Sullivan,  twenty-six  cents 26 

Surry,  fifty  cents  .50 

Swanzey,  three  dollars  and  sixty-one  cents 3.61 

Troy,  two  dollars  and  thirty-nine  cents 2.39 

Walpole,  five  dollars  and  eighty-five  cents 5.85 

Westmoreland,  one  dollar  and  six  cents 1.06 

Winchester,  four  dollars  and  thirty-seven  cents 4.37 

Sullivan  county,  $48.87 

Acworth,  seventy  cents $0.70 

Charlestown,  three  dollars  and  seventy-five  cents 3.75 

Claremont,  twenty-three  dollars  and  thirty-two  cents  .  .  23.32 

Cornish,  two  dollars  and  ten  cents 2.10 

Croydon,  sixty-six  cents 66 

Goshen,  forty-eight  cents  .48 

Grantham,  thirty-nine  cents .39 

Langdon,  forty-seven  cents .47 

Lempster,  forty-six  cents .46 

Newport,  nine  dollars  and  nineteen  cents 9.19 

Plainfield,  one  dollar  and  fifty-five  cents 1.55 


330                                  Chapter  274  [1949 

Springfield,  sixty-seven  cents .67 

Sunapee,  three  dollars  and  seventy-three  cents 3.73 

Unity,  sixty-eight  cents .68 

Washington,  seventy-two  cents  .72 

Grafton  county,  $113.11 

Alexandria,  sixty-eight  cents $0.68 

Ashland,  three  dollars  and  eighty-six  cents 3.86 

Bath,  one  dollar  and  fifty-nine  cents 1.59 

Benton,  fourteen  cents .14 

Bethlehem,  five  dollars  and  twenty-five  cents 5.25 

Bridgewater,  one  dollar  and  five  cents 1.05 

Bristol,  four  dollars  and  sixty-six  cents  4.66 

Campton,  two  dollars  and  ninety-one  cents 2.91 

Canaan,  two  dollars  and  nineteen  cents 2.19 

Dorchester,  twenty-three  cents  .23 

Easton,  twenty-one  cents .21 

Ellsworth,  five  cents .05 

Enfield,  two  dollars  and  seventy-six  cents 2.76 

Franconia,  two  dollars  and  three  cents 2.03 

Grafton,  seventy-seven  cents  .77 

Groton,  fifty-one  cents .51 

Hanover,  eleven  dollars  and  seventy  cents 11.70 

Haverhill,  seven  dollars  and  twenty-nine  cents 7.29 

Hebron,  eighty-one  cents 81 

Holderness,  three  dollars  and  seventy-six  cents 3.76 

Landaff,  thirty-eight  cents 38 

Lebanon,  fourteen  dollars  and  fourteen  cents 14.14 

Lincoln,  two  dollars  and  seventy-nine  cents 2.79 

Lisbon,  four  dollars  and  eighty-two  cents 4.82 

Littleton,  ten  dollars  and  fifty-five  cents 10.55 

Lyman,  thirty-six  cents .36 

Lyme,  one  dollar  and  seventy-three  cents 1.73 

Monroe,  ten  dollars  and  sixteen  cents 10.16 

Orange,  twenty-four  cents  .24 

Orford,  one  dollar  and  seventy  cents 1.70 

Piermont,  one  dollar  and  sixty-three  cents 1.63 

Plymouth,  six  dollars  and  twenty-nine  cents 6.29 

Rumney,  one  dollar  and  ninety-five  cents 1.95 

Thornton,  sixty-six  cents   .66 

Warren,  seventy-five  cents .75 


1949]  Chapter  274  331 

Waterville,  ten  cents 10 

Wentworth,  fifty-seven  cents .57 

Woodstock,  one  dollar  and  eighty-four  cents 1.84 

Coos  county,  $88.04 

Berlin,  thirty-eight  dollars  and  fifty-one  cents $38.51 

Carroll,  two  dollars  and  sixty  cents 2.60 

Clarksville,  sixty-five  cents .65 

Colebrook,  three  dollars  and  ninety-six  cents 3.96 

Columbia,  sixty-seven  cents 67 

Dalton,  sixty-two  cents  .62 

Dummer,  eighty-six  cents .86 

Errol,  ninety-five  cents .95 

Gorham,  nine  dollars  and  twelve  cents 9.12 

Jefferson,  one  dollar  and  eighty-six  cents 1.86 

Lancaster,  six  dollars  and  eighty  cents 6.80 

Milan,  one  dollar  and  twenty-six  cents 1.26 

Northumberland,  five  dollars  and  sixty-eight  cents  ....  5.68 

Pittsburg,  three  dollars  and  eighty-one  cents 3.81 

Randolph,  one  dollar  and  seventeen  cents 1.17 

Shelburne,  one  dollar  and  seventy-six  cents 1.76 

Stark,  fifty-nine  cents .59 

Stewartstown,  one  dollar  and  fifty-five  cents 1.55 

Stratford,  one  dollar  and  twelve  cents 1.12 

Wentworth's  Location,  fifteen  cents 15 

Whitefield,  four  dollars  and  thirty-five  cents 4.35 

Unincorporated  Places,  $2.40 

Cambridge,  thirty-two  cents $0.32 

Crawford's  Purchase,  five  cents .05 

Dixville,  fifty-nine  cents 59 

Dix's  Grant,  six  cents .06 

Erving's  Grant,  three  cents .03 

Gilmanton  and  Atkinson  Academy  Grant,  five  cents  ...         .05 

Green's  Grant,  seven  cents 07 

Hale's  Location,  one  cent .01 

Millsfield,  twenty-two  cents .22 

Odell,  thirty-eight  cents 38 

Sargent's  Purchase,  twelve  cents .12 

Second  College  Grant,  eighteen  cents  .18 

Success,  twenty-five  cents .25 

Thompson  and  Meserve  Purchase,  seven  cents 07 


332  Chapter  275  [1949 

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  June  30,  1949.] 


CHAPTER  275. 


AN  ACT  MAKING  TEMPORARY  APPROPRIATIONS  FOR  THE 

EXPENSES  OF  THE  STATE  OF  NEW  HAMPSHIRE 

FOR  THE  MONTH  OF  JULY,  1949. 

Whereas,  the  legislature  has  not  yet  adopted  a  budget  for  the 
coming  biennium ;  and 

Whereas,  action  at  this  time  is  necessary  to  carry  on  the 
functions  of  the  state  government  after  the  close  of  the  fiscal 
year  1949,  and  prior  to  the  passage  of  the  said  budget  acts, 
now  therefore 

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

1.  Appropriation.  There  is  hereby  appropriated  for  the 
general  expenses  of  the  state  government  during  the  month  of 
July,  1949  the  sum  of  one  million  eight  hundred  eighty-six 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to 
be  expended  in  the  manner  hereinafter  provided,  that  is  to  say 
one  million  five  hundred  thousand  dollars  from  general  funds; 
three  hundred  thousand  dollars  from  special  funds;  fifty-six 
thousand  dollars  from  fish  and  game  funds  and  thirty  thou- 
sand dollars  from  highway  funds  for  motor  vehicle  and 
treasury  departments.  The  governor  is  authorized  by  and 
with  the  advice  and  consent  of  the  council  to  draw  his  warrants 
for  the  sums  necessary  for  said  temporary  appropriations  out 
of  any  money  in  the  treasury  not  otherwise  appropriated  or,  in 
the  case  of  special  funds,  out  of  any  such  special  funds.  Such 
expenditures  shall  be  a  charge  upon  the  respective  appro- 
priations to  be  made  subsequently  by  the  legislature  for  the 
fiscal  year  ending  June  30,  1950. 


1949]  Chapter  276  333 

2.  Provisions  of  Law.  The  provisions  of  chapter  22  of  the 
Revised  Laws  and  the  provisions  of  any  other  statute  incon- 
sistent herewith  are  hereby  suspended  to  the  extent  of  such 
inconsistencies  during  the  time  this  act  is  in  effect. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949,  and  shall  continue  in  effect  until  August  1,  1949  unless 
the  appropriation  acts  for  the  ensuing  biennium  are  sooner  en- 
acted in  which  event  the  appropriations  herein  provided  shall 
thereupon  lapse. 

[Approved  June  30,  1949.] 


CHAPTER  276. 


AN  ACT  RELATING  TO  FIRE  RESISTANT  HALLWAYS 
AND  STAIRWAYS. 

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

1.  Certain  Public  Buildings.  Amend  chapter  176  of  the 
Revised  Laws  by  adding  at  the  end  thereof  the  following  new 
sections:  22.  Hallways  and  Stairways.  Inflammable  sur- 
faces of  all  common  or  public  stairways  or  hallways,  excepting 
stairway  landings,  treads,  risers,  and  mopboards  and  hallway 
floors  and  mopboards,  in  buildings  under  section  9,  not  excepted 
under  section  10  of  this  chapter,  shall  be  completely  covered 
by  flameproof  or  fire  resistant  covering.  These  coverings  may 
be  of  plaster,  paint,  cloth,  paper  or  other  materials,  but  none 
shall  be  considered  satisfactory  unless  approved  by  the  state 
fire  marshal.  Repairs  or  alterations  necessary  to  have  build- 
ings comply  with  these  regulations  as  to  hallways,  shall  be 
completed  by  January  1,  1951,  as  to  stairways  by  July  1,  1950. 
In  case  of  hardship,  further  extensions,  not  to  exceed  a  total 
of  one  year,  may  be  granted  in  towns  by  the  board  of  select- 
men and  in  cities  by  the  fire  marshal  with  consent  of  the 
mayor. 

23.  Violations.  In  addition  to  the  penalty  provided  in 
section  21,  in  case  of  fire  resulting  in  loss  of  life  or  personal 
injury  in  buildings  violating  the  provisions  of  section  22,  said 
violations  shall  be  presumed  to  be  the  cause  of  said  loss  of  life 


334  Chapter  277  [1949 

or  personal  injury  unless  said  presumption  is  successfully  re- 
butted by  evidence  to  the  contrary. 

2.     Takes    Effect.      This   act   shall   take    effect    upon   its 
passage. 
[Approved  July  6,  1949.] 


CHAPTER  277. 


AN  ACT  RELATING  TO  HEARINGS  AND  AWARDS  BY  THE  LABOR 

COMMISSIONER  OR  SUPERIOR  COURT  UNDER  THE 

WORKMEN'S  COMPENSATION  LAW. 

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

1.  Workmen's  Compensation.  Amend  section  35  of  chapter 
216  of  the  Revised  Laws  as  inserted  by  chapter  266  of  the  Laws 
of  1947  by  striking  out  the  same  and  inserting  in  place  thereof 
the  following:  35.  Hearings  and  Awards.  If  the  compen- 
sation is  not  fixed  by  agreement,  either  party  may  petition  for 
hearing  and  award  in  the  premises  either  to  the  commissioner 
of  labor  or  to  the  superior  court.  If  the  petition  for  hearing 
and  award  in  the  premises  is  made  by  either  party  to  the  com- 
missioner of  labor,  said  commissioner  shall  set  a  time  and  place 
for  hearing  and  give  at  least  fourteen  days'  notice  thereof  to 
the  parties  by  giving  notice  in  hand  or  by  registered  mail  sent 
to  his  last  known  place  of  abode.  At  such  hearing  full  con- 
sideration shall  be  given  to  all  evidence  which  may  be  pre- 
sented, and  within  thirty  days  thereafter  said  commissioner 
shall  make  his  award  setting  forth  his  findings  of  fact  and  the 
law  applicable  thereto,  and  shall  forthwith  send  to  each  of  the 
parties  a  copy  of  such  award.  Petition  for  hearing  and  award 
in  the  premises  may  be  made  by  either  party  to  the  superior 
court,  either  direct  or  on  appeal  from  an  award  made  by  the 
commissioner  of  labor,  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  fourteen  days' 
notice  thereof  to  the  parties ;  if  a  petition  to  the  superior  court 
as  herein  provided  is  made  subsequent  to  a  hearing  before  the 
said  commissioner,  such  petition  shall  be  filed  within  sixty  days 
of  the  date  of  said  commissioner's  award.     At  such  hearing  a 


1949]  Chapter  277  335 

full  trial  shall  be  had  before  a  justice  of  the  superior  court, 
without  jury,  and  within  thirty  days  thereafter  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  commissioner  of  labor  copies 
of  such  award. 

2»  Appeals.  Amend  chapter  216  of  the  Revised  Laws  as  in- 
serted by  chapter  266  of  the  Laws  of  1947  by  inserting  after 
section  35  the  following  new  section:  35-a.  Petition  for 
Right.  Any  person,  aggrieved  by  a  decision  of  the  commis- 
sioner, who  was  prevented  from  appealing  therefrom  within 
sixty  days  through  mistake,  accident,  or  misfortune,  and  not 
his  own  neglect,  may  petition  the  superior  court  at  any  time 
within  one  year  thereafter,  to  be  allowed  an  appeal,  setting 
forth  his  interest,  his  reason  for  appealing  and  the  causes  of 
his  delay. 

3.  Hearings.  Amend  section  36  of  chapter  216  of  the  Re- 
vised Laws  as  inserted  by  chapter  266  of  the  Laws  of  1947  by 
striking  out  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 36.  Manner  of  Giving  Notice  of  Hearing.  Notices  of 
hearings  under  the  provisions  of  this  chapter  shall  be  given 
by  giving  notice  in  hand  or  by  sending  it  by  registered  mail, 
addressed  to  the  employee,  employer,  and  to  said  employer's  in- 
surance company  at  his,  or  its,  last  known  residence  or  place 
of  business.  A  copy  of  each  notice  of  a  hearing  set  by  the 
superior  court  shall  be  sent  by  registered  mail  to  the  commis- 
sioner of  labor. 

4.  Awards  and  Agreements.  Amend  section  38  of  chapFer 
216  of  the  Revised  Laws  as  inserted  by  chapter  266  of  the  Laws 
of  1947  by  striking  out  the  same  and  inserting  in  place  thereof 
the  following:  38.  Modification;  Effect.  Upon  application 
of  any  party  in  interest  upon  the  ground  of  change  in  the  con- 
ditions, mistake  as  to  nature  or  extent  of  injury  or  disability, 
fraud,  undue  influence  or  coercion,  the  commissioner  of  labor 
or  the  superior  court,  whichever  made  the  original  award,  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  compen- 
sation previously  awarded,  subject  to  the  maximum  or  mini- 
mum provided  in  this  chapter  and  shall  state  its  conclusions  of 
fact  and  rulings  of  law.     Such  a  review  shall  not  affect  such 


336  Chapter  278  [1949 

award  as  regards  any  money  already  paid.  All  procedure  on 
such  an  application  shall  be  the  same  as  herein  provided  for 
original  hearings. 

5.  Limitations.  Amend  paragraph  I  of  section  8-a  of 
chapter  216  of  the  Revised  Laws  as  inserted  by  chapter  205  of 
the  Laws  of  1949  by  striking  out  said  paragraph  and  inserting 
in  place  thereof  the  following:  L  A  policy  of  workmen's 
compensation  insurance  covering  the  liability  of  an  employer 
under  the  provisions  of  this  chapter  shall  not  be  cancelled 
within  the  time  limited  in  such  policy  for  its  expiration  until 
at  least  thirty  days  after  a  notice  of  intention  to  cancel  such 
poHcy  on  a  date  specified  in  such  notice  has  been  filed  in  the 
office  of  the  commissioner  and  also  served  on  the  employer. 
Provided,  however,  that  the  limitation  on  the  cancellation  of 
a  policy  as  provided  in  this  paragraph  shall  not  apply  if  the 
employer  has  replaced  said  policy  with  another  carrier. 

6.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949. 

[Approved  July  6,  1949.] 


CHAPTER  278. 


AN  ACT  RELATING  TO  APPEALS  IN  MUNICIPAL 
ZONING   MATTERS. 

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

1.  Mumcipal  Zoning.  Amend  chapter  51  of  the  Revised 
Laws  by  striking  out  sections  64  and  65  and  inserting  in  place 
thereof  the  following:  64.  Motion  for  Rehearing.  Within 
twenty  days  after  any  order  or  decision  of  the  board  of  adjust- 
ment, or  any  decision  of  the  legislative  body  of  such  munici- 
pality in  regard  to  its  plan  of  zoning,  any  party  to  the  action 
or  proceedings,  or  any  person  directly  affected  thereby,  may 
apply  for  a  rehearing  in  respect  to  any  matter  determined  in 
the  action  or  proceeding,  or  covered  or  included  in  the  order, 
specifying  in  the  motion  for  rehearing  the  ground  therefor, 
and  the  board  of  adjustment,  or  the  legislative  body  of  such 
municipality,  may  grant  such  rehearing  if  in  its  opinion  good 
reason  therefor  is  stated  in  said  motion.     If  the  decision  com- 


1949]  Chapter  278  337 

plained  against  is  that  made  by  a  town  meeting,  the  application 
for  rehearing  shall  be  made  to  the  board  of  selectmen  and  upon 
receipt  of  such  application,  the  board  of  selectmen  shall  call  a 
special  town  meeting  if  in  the  opinion  of  said  board  good  reason 
for  a  rehearing  is  stated  in  the  motion. 

65.  Specifications.  Such  motion  shall  set  forth  fully 
every  ground  upon  which  it  is  claimed  that  the  decision  or 
order  complained  of  is  unlawful  or  unreasonable.  No  appeal 
from  any  order  or  decision  of  the  board  of  adjustment  or 
legislative  body  of  such  municipality  shall  be  taken  unless  the 
appellant  shall  have  made  application  for  rehearing  as  herein 
provided,  and  when  such  application  shall  have  been  made,  no 
ground  not  set  forth  therein  shall  be  urged,  relied  on,  or  given 
any  consideration  by  the  court,  unless  the  court  for  good  cause 
shown  shall  allow  the  appellant  to  specify  additional  grounds. 
2.  Procedure.  Further  amend  said  chapter  51  of  the  Re- 
vised Laws  by  inserting  after  section  65  the  following  new 
sections:  65-a.  Action  on  Motion.  Upon  the  filing  of  such 
motion  for  rehearing  the  board  of  adjustment  or  the  legislative 
body  of  a  city  shall  within  ten  days  either  grant  or  deny  the 
same,  or  suspend  the  order  or  decision  complained  of  pending 
further  consideration  and  any  order  of  suspension  may  be  upon 
such  terms  and  conditions  as  the  board  of  adjustment  or 
legislative  body  of  a  city  may  prescribe.  In  case  the  motion 
for  rehearing  is  against  a  decision  of  the  legislative  body  of  a 
town  and  if  the  selectmen,  as  provided  in  section  64,  shall  have 
called  a  special  town  meeting  within  twenty-five  days  from  the 
receipt  of  application  for  such  rehearing,  the  town  shall  grant 
or  deny  the  same  or  suspend  the  order  or  decision  complained 
of  pending  further  consideration  and  any  order  of  suspension 
may  be  upon  such  terms  and  conditions  as  the  town  may  pre- 
scribe. 

65-b.  Appeal.  Within  thirty  days  after  the  application 
for  a  rehearing  is  denied,  or,  if  the  application  is  granted,  then 
within  thirty  days  after  the  decision  on  such  rehearing,  the 
applicant  may  appeal  by  petition  to  the  superior  court. 

65-c.  Burden  of  Proof.  Upon  the  hearing  the  burden  of 
proof  shall  be  upon  the  party  seeking  to  set  aside  any  order 
or  decision  of  the  board  of  adjustment  or  legislative  body  to 
show  that  the  same  is  unreasonable  or  unlawful,  and  all  find- 
ings of  the  board  of  adjustment  or  legislative  body  of  such 


338  Chapter  278  [1949 

municipality  upon  all  questions  of  fact  properly  before  it  shall 
be  deemed  to  be  prima  facie  lawful  and  reasonable;  and  the 
order  or  decision  appealed  from  shall  not  be  set  aside  or 
vacated,  except  for  errors  of  law,  unless  the  court  is  persuaded 
by  the  balance  of  probabilities,  on  the  evidence  before  it,  that 
said  order  or  decision  is  unjust  or  unreasonable. 

65-d.  Parties.  Any  person  whose  rights  may  be  directly 
affected  by  said  appeal  may  appear  and  become  a  party,  or 
the  court  may  order  such  persons  to  be  joined  as  parties  as 
justice  may  require. 

65-e.  Procedure.  Upon  the  filing  of  an  appeal,  the  clerk 
of  court  shall  issue  an  order  of  notice  requiring  a  certified  copy 
court. 

65-f.  Injunction.  The  filing  of  an  appeal  shall  not  stay 
proceedings  upon  the  decision  appealed  from,  but  the  court,  on 
application  and  notice,  on  good  cause  shown,  may  grant  a  re- 
straining order. 

65-g.  Evidence;  How  Considered.  All  evidence  trans- 
ferred by  the  board  of  adjustment  or  legislative  body  of  such 
municipality  shall  be,  and  all  additional  evidence  received  may 
be,  considered  by  the  court  regardless  of  anj^  technical  rule 
which  might  have  rendered  the  same  inadmissible  if  originally 
offered  in  the  trial  of  an  action  at  law. 

65-h.  Judgment.  The  final  judgment  upon  every  appeal 
shall  be  a  decree  dismissing  the  appeal,  or  vacating  the  order 
complained  of  in  whole  or  in  part,  as  the  case  may  be;  but  in 
case  such  order  is  wholly  or  partly  vacated  the  court  may  also, 
in  its  discretion,  remand  the  matter  to  the  board  of  adjustment 
or  legislative  body  of  such  municipality  for  such  further  pro- 
ceedings, not  inconsistent  with  the  decree,  as  justice  may  re- 
quire. 

3.     Takes   Effect.      This    act    shall    take   effect    upon    its 
passage. 
[Approved  July  6,  1949.] 


1949]  Chapters  279,  280  339 

CHAPTER  279. 

AN  ACT  RELATIVE  TO  TAKING  WILD  DEER  AND  OTHER 
GAME  ANIMALS. 

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

1.  Game  Animals.  Amend  section  19,  chapter  242  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  19.  Fines.  A  person  who  violates  a 
provision  of  this  chapter  shall  be  fined  as  follows:  For  each 
violation  of  sections  1,  5  and  6,  not  more  than  three  hundred 
dollars  or  thirty  days  in  jail  or  both;  for  each  violation  of 
sections  3,  4,  4-a,  and  7  to  16-c,  inclusive,  not  more  than  one 
hundred  dollars;  and  for  each  violation  of  sections  17  and  18, 
not  more  than  ten  dollars,  and  not  more  than  five  dollars 
additional  for  each  rabbit,  hare,  or  gray  squirrel  taken,  or 
possessed,  contrary  to  the  provisions  thereof. 

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

[Approved  July  6,  1949.] 


CHAPTER  280. 


AN  ACT    DISCONTINUING  THE    REGISTRATION    OF    ASSISTANT 

PHARMACISTS  AND  RELATING  TO  QUALIFICATIONS  FOR 

REGISTRATION  AS  PHARMACISTS. 

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

1.  Assistant  Pharmacists.  On  and  after  the  passage  of 
this  act  the  registration  of  assistant  pharmacists  shall  be  dis- 
continued. Any  person  holding  registration  as  an  assistant 
pharmacist  at  the  time  of  the  passage  of  this  act  shall  be  en- 
titled to  be  granted  certificate  as  a  registered  pharmacist,  and 
all  registrations  as  assistant  pharmacists  shall  be  revoked  upon 
the  issuance  of  said  new  certificates  as  a  registered  pharmacist. 

2.  Repeal.  Amend  sections  15  and  19  of  chapter  256  of  the 
Revised  Laws  by  striking  out  the  same.  Further  amend 
chapter  256  of  the  Revised  Laws  by  striking  out  the  words 


340  Chapter  280  [1949 

"assistant  pharmacist"  and  "assistant  pharmacists"  wherever 
said  words  appear  in  any  other  section  of  said  chapter. 

3.  Requirements  for  Registration.  Amend  section  18  of 
chapter  256  of  the  Revised  Laws  by  striking  out  said 
section  and  inserting  in  place  tliereof  the  following:  18. 
Pharmacists.  An  applicant  for  examination  and  registration 
as  a  pharmacist  shall  be  a  citizen  of  the  United  States,  not  less 
than  twenty-one  years  of  age,  of  good  moral  character  and 
temperate  habits,  a  graduate  of  a  school  or  college  of  pharmacy 
or  department  of  a  university  accredited  as  grade  "A"  by  the 
American  Council  on  Pharmaceutical  Education  and  approved 
by  the  New  Hampshire  commission  of  pharmacy  and  practical 
chemistry,  shall  file  proof  satisfactory  to  the  commission,  sub- 
stantiated by  proper  affidavits,  of  a  minimum  of  one  year  of 
experience  in  a  retail  or  hospital  pharmacy  in  the  United 
States  where  physicians'  prescriptions  are  compounded  under 
the  supervision  of  a  registered  or  licensed  pharmacist;  and 
shall  pass  an  examination  given  by  the  New  Hampshire  com- 
mission of  pharmacy  to  establish  satisfactorily  his  fitness  to 
practice.  Service  and  experience  in  a  retail  or  hospital 
pharmacy  under  the  supervision  of  a  registered  or  licensed 
pharmacist  as  required  in  this  section  shall  be  predominantly 
related  to  the  selling  of  drugs  and  medical  supplies,  compound- 
ing prescriptions,  preparing  pharmaceutical  preparations,  and 
keeping  records  and  making  reports  required  under  state  and 
federal  statutes. 

4.  Board  of  Pharmacy.  Amend  section  33  of  chapter  256 
of  the  Revised  Laws  by  striking  out  the  words  "may  prescribe 
educational  requirements  or  standards  for  the  admission  of 
candidates  for  registration,  and  it,"  so  that  said  section  as 
amended  shall  read  as  follows :  33.  Regulations.  The  board 
of  pharmacy  shall  make  rules  and  regulations  which  are  to 
govern  it  and  all  employees  in  the  enforcement  of  this  chapter. 
It  shall  prescribe  and  publish  all  application  forms  and  blanks 
required  under  this  chapter. 

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

[Approved  July  14,  1949.] 


1949]  Chapter  281  341 

CHAPTER  281. 

AN  ACT  RELATING  TO  PHOTOGRAPHIC  COPIES  OF  DOCUMENTS 
AND  RECORDS. 

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

1.  Documents  and  Records.  Amend  chapter  392  of  the 
Revised  Laws  by  inserting  after  section  35  the  following  new 
sections:  36.  Definitions.  The  following  words  as  used  in 
section  37  shall  be  construed  as  follows : 

(a)  The  term  "business"  shall  include  every  kind  of  busi- 
ness, profession,  occupation,  operation  of  institutions,  and  call- 
ing of  every  kind,  whether  private  or  public. 

(b)  The  term  "record"  shall  include  any  memorandum, 
writing,  entry,  print,  representation,  or  combination  thereof, 
of  any  act,  transaction,  occurrence  or  event. 

(c)  The  term  "photograph"  shall  include  any  photostatic, 
photographic,  micro-photographic,  or  other  reproduction,  in- 
cluding any  enlarged  copy  thereof,  by  any  photographic  process 
on  film  or  other  medium. 

37.  Photographic  Copies.  Any  photograph  of  a  record 
identified  by  the  custodian  of  such  photograph  shall  be  equally 
admissible  in  evidence  as  the  record  itself  in  any  judicial  or 
administrative  proceeding,  if,  when  such  photograph  was  made, 
it  was  in  the  regular  course  of  such  business  to  make  such 
photograph.  All  circumstances  of  the  making  of  such  photo- 
graph may  be  shown  to  affect  the  weight,  but  not  the  admissi- 
bility thereof.  The  destruction,  loss  or  other  disposal  of  the 
original  record  shall  not  preclude  the  admissibility  of  a  photo- 
graph thereof  made  in  accord  with  the  provisions  of  this  act. 

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

[Approved  July  14,  1949.] 


342  Chapter  282  [1949 

CHAPTER  282. 
AN  ACT  RELATIVE  TO  PROTECTION  AGAINST  BANG'S  DISEASE. 

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

1.  Relating  to  Adult  Vaccination.  Amend  section  46-b  of 
chapter  229  of  the  Revised  Laws,  as  inserted  by  chapter  201 
of  the  Laws  of  1947,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  46-b.  Alternate  Plan.  The 
commissioner  of  agriculture  may  grant  permission  to  adult-- 
vaccinate  under  this  alternate  plan  a  herd  seriouslj'  infected 
with  brucellosis.  If  an  owner  is  refused  permission  to  adult- 
vaccinate  his  herd,  he  may  appeal  to  the  county  approval  board. 
Request  to  adult-vaccinate  shall  be  made  in  writing  to  the  com- 
missioner of  agriculture.  The  county  approval  board  shall 
consist  of  three  members  in  each  county,  two  to  be  appointed 
by  the  commissioner  of  agriculture  and  these  two  to  appoint  a 
third  member;  all  members  to  serve  without  pay  or  expenses 
at  the  pleasure  of  the  commissioner  and  until  their  successor 
or  successors  shall  be  appointed.  Whenever  a  person  shall  re- 
ceive permission  to  adult-vaccinate  under  this  section  it  shall 
be  granted  under  rules  and  regulations  approved  by  the  federal 
bureau  of  animal  industry  and  by  the  state  department  of 
agriculture.  All  calves  raised  in  such  herds  shall  be  vac- 
cinated according  to  such  rules  and  regulations  as  are  specified 
for  calfhood  vaccination.  All  bovine  animals  in  the  herd 
must  be  tested  for  brucellosis  and  reactors  tagged,  branded, 
appraised  and  slaughtered  as  provided  for  under  chapter  229 
of  the  Revised  Laws  before  any  animals  will  be  vaccinated. 
All  non-reacting  animals  must  be  permanently  identified  by 
ear  tag  number  and  tattoo  mark.  No  animal  can  be  sold  out 
of  an  adult-vaccinated  herd  for  any  purpose  except  by  written 
permission  from  the  New  Hampshire  department  of  agri- 
culture, division  of  animal  industry.  No  indemnity  will  be 
paid  on  any  animal  vaccinated  at  an  age  older  than  eight 
months.  Any  owner  maintaining  a  herd  under  the  terms  of 
this  act  agrees  to  forfeit  any  and  all  indemnity  on  animals 
condemned  and  slaughtered  after  adult  vaccination  has  once 
been  started  in  a  herd,  and  until  such  time  as  the  herd  passes 
at  least  one  clean  test  for  brucellosis  and  adult  vaccination  has 
been   discontinued.     An   owner   of  an   adult-vaccinated   herd 


1949]  Chapter  283  343 

shall  discontinue  all  vaccination  with  strain  19  in  his  adult 
animals  on  or  before  three  years  from  the  date  of  the  receipt 
of  application  for  adult  vaccination  by  the  commissioner,  but 
said  herd  owner  may  reapply  for  adult  vaccination  under  this 
plan  at  any  time  thereafter.  The  commissioner  of  agriculture 
shall  have  the  right  to  order  the  discontinuance  of  adult  vac- 
cination in  any  herd,  when  in  his  opinion  it  is  evident  that  said 
adult-vaccinated  animals  become  a  menace  to  other  healthy 
herds.  Such  adult-vaccinated  herds  shall  be  under  strict 
quarantine  at  all  times  and  shall  be  subject  to  test  at  such 
times  as  the  commissioner  may  direct.  Upon  passage  of  this 
act  herds  operating  under  the  provisions  of  section  46-b  of 
chapter  229  of  the  Revised  Laws,  as  inserted  by  chapter  201 
of  the  Laws  of  1947,  prior  to  this  amendment  may  continue 
under  the  conditions  they  originally  accepted,  but  no  new  herds 
shall  be  allowed  to  start  on  that  plan.  Provided  further  that 
the  provisions  of  section  46-c  of  chapter  229  of  the  Revised 
Laws,  as  inserted  by  chapter  201  of  the  Laws  of  1947,  shall 
apply  to  the  sale  of  milk  from  herds  under  the  alternate  plan 
provided  by  the  amendment  herein  enacted  as  well  as  to  herds 
operating  under  said  section  46-b  as  originally  enacted. 

2.     Takes   Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  14,  1949.] 


CHAPTER  283. 

AN  ACT  RELATIVE  TO  BOUNTIES  ON   PORCUPINES. 

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

1.  Bounties  Reduced.  Amend  section  2  of  chapter  180  of 
the  Revised  Laws  as  inserted  by  chapter  203  of  the  Laws  of 
1945  by  striking  out  the  word  "fifty"  in  the  seventh  line  and 
inserting  in  place  thereof  the  word,  twenty-five,  so  that  said 
section  as  amended  shall  read  as  follov/s:  2.  Porcupines. 
If  any  person  shall  kill  a  porcupine  within  this  state  and  shall 
produce  the  head  thereof  to  the  selectmen  of  the  town  or  clerk 
of  the  city  in  which  it  was  killed,  and  shall  prove  to  their 
satisfaction  that  such  porcupine  was  killed  by  him,  within  the 


344  Chapter  284  [1949 

limits  of  said  town  or  city,  the  selectmen  or  city  clerk 
shall  destroy  the  head  so  produced  so  that  it  cannot  be 
offered  again  for  bounty,  and  shall  pay  twenty-five  cents  for 
each  porcupine  so  destroyed.  Any  person  producing  for 
bounty  to  the  selectmen  or  city  clerk  the  head  of  a  porcupine, 
killed  outside  the  limits  of  that  town  or  city,  shall  be  fined  not 
less  than  ten  dollars,  or  imprisoned  thirty  days,  or  both.  Said 
towns  and  cities  shall  be  reimbursed  for  payment  of  said 
bounties  as  provided  in  section  5  hereof. 

2.     Takes   Effect.      This    act    shall   take    effect    upon    its 
passage, 
[Approved  July  14,  1949.] 


CHAPTER  284. 


AN  ACT  RELATIVE  TO  INSERTION   OF  ARTICLES  IN  THE  WARRANT 
FOR  SCHOOL  DISTRICT  MEETING. 

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

1.  School  District  Meeting.  Amend  section  6  of  chapter 
139  of  the  Revised  Laws  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  6.  Warrant.  Upon 
the  written  application  of  ten  or  more  voters  or  one  sixth  of 
the  voters  of  the  school  district,  presented  to  the  school  board 
or  one  of  them  not  later  than  February  13  of  any  year,  the 
school  board  shall  insert  in  the  school  district  warrant  for  such 
meeting  any  subject-matter  specified  in  such  application.  No 
article  may  be  inserted  after  posting  of  said  warrant. 

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

[Approved  July  14,  1949.] 


1949]  Chapter  285  345 

CHAPTER  285. 

AN  ACT  RELATIVE  TO  FEES  FOR  SPECIAL  PERMITS  TO  MOVE 
OBJECTS  OR  VEHICLES  AND  LOADS. 

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

1.  Special  Permits.  Amend  chapter  119  of  the  Revised 
Laws  by  inserting  after  section  37-b  as  inserted  by  section  2, 
chapter  104  of  the  Laws  of  1949,  the  following  new  section : 
37-c.  Gross  Weight.  Before  any  special  permit  authorized 
by  section  37-b  is  issued,  the  commissioner  of  motor  vehicles 
shall  collect  fees  as  follows: 

I.  Each  permit  for  either  over-length,  over- width  or 
over-height  or  any  combination  thereof,  five  dollars. 

II.  Each  permit  for  vehicle  and  load  of  over-weight,  fee 
based  on  the  following  schedule:  vehicle  and  load  over 
registered  weight  but  not  exceeding  50,000  pounds,  five 
dollars;  50,001  pounds  to  60,000  pounds,  six  dollars;  60,001 
pounds  to  70,000  pounds,  seven  dollars;  70,001  pounds  to  80,000 
pounds,  eight  dollars;  80,001  pounds  to  90,000  pounds,  nine 
dollars;  90,001  pounds  to  100,000  pounds,  ten  dollars,  and  for 
each  additional  10,000  pounds  two  dollars  shall  be  added  to  the 
above  rate. 

III.  Provided  a  special  permit  may  be  issued  to  a  person 
to  cover  all  types  of  moves  made  within  a  radius  of  twenty-five 
miles  from  the  person's  home  location  for  a  fee  of  twenty-five 
dollars  for  each  unit.  Permits  issued  under  the  provisions  of 
this  paragraph  may  be  issued  for  such  time  as  the  commission- 
ers may  determine. 

IV.  Provided  further  that  a  special  annual  permit  may 
be  issued  to  a  person  to  cover  all  types  of  moves  for  a  fee  of 
one  hundred  dollars  for  each  unit.  Each  permit  issued  under 
the  provisions  of  this  paragraph  shall  be  issued  for  one  year. 

V.  The  provisions  of  this  section  shall  not  apply  to  any 
special  permit  authorized  by  section  37-b  issued  for  farm 
equipment. 

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

[Approved  July  14,  1949.] 


346  Chapter  286  [1949 

CHAPTER  286. 

AN  ACT  TO  REGULATE  THE  SPEED  OF  MOTOR  VEHICLES  ON  PUBLIC 

HIGHWAYS  AND  TO  DEFINE  THE  WORD  "DEALER" 

UNDER  THE  MOTOR  VEHICLE  LAWS. 

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

1.  Speed  Reg-ulated.  Amend  section  29,  chapter  119, 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  29.  Speed,  Reasonable  and 
Prudent.  No  person  shall  drive  a  motor  vehicle  on  a  highway 
at  a  speed  greater  than  is  reasonable  and  prudent  under  the 
conditions  and  having  regard  to  the  actual  and  potential 
hazards  then  existing.  In  every  event  speed  shall  be  so  con- 
trolled as  may  be  necessary  to  avoid  colliding  with  any  person, 
vehicle,  or  other  conveyance  on  or  entering  the  highway  in 
compliance  with  legal  requirements  and  the  duty  of  all  per- 
sons to  use  due  care. 

2.  Speed  Regulations,  Evidence.  Amend  section  30, 
chapter  119,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  30.  Speed  Regulations,  Evidence. 
Where  no  hazard  exists  that  requires  lower  speed  for  compli- 
ance with  section  29  the  speed  of  any  motor  vehicle  not  in  ex- 
cess of  the  limits  specified  in  this  section  or  established  as 
hereinafter  authorized  shall  be  prima  facie  lawful,  but  any 
speed  in  excess  of  the  limits  specified  in  this  section  or 
established  as  hereinafter  authorized  shall  be  prima  facie 
evidence  that  the  speed  is  not  reasonable  or  prudent  and  that 
it  is  unlawful. 

I.  Twenty  miles  per  hour  when  passing  a  school  during 
recess  or  while  children  ai*e  going  to  or  leaving  school  during 
opening  or  closing  hours ; 

II.  Twenty-five  miles  per  hour  in  any  business  or  urban 
residence  district; 

III.  Thirty-five  miles  per  hour  in  any  rural  residence 
district,  and  on  any  class  V  highway  outside  the  compact  part; 

IV.  Fifty  miles  per  hour  in  other  locations. 

The  prima  facie  speed  limits  set  forth  in  paragraph  IV  of 
this  section  may  be  altered  by  the  highway  ccxmmissioner  by 
the  establishment  of  speed  zones  on  class  I,  class  II  and  class 


1949]  Chapter  286  347 

III  highways  as  provided  in  section  6-a  of  part  19  of  chapter  90 
of  the  Revised  Laws. 

The  driver  of  every  motor  vehicle  shall,  consistent  with  the 
requirements  of  section  29,  drive  at  an  appropriate  reduced 
speed  when  approaching  and  crossing  an  intersection  or  rail- 
road grade  crossing,  when  approaching  and  going  around  a 
curve,  when  approaching  a  hill  crest,  when  traveling  upon  any 
narrow  or  winding  highway,  and  when  special  hazard  exists 
with  respect  to  pedestrians  or  other  traffic  or  by  reason  of 
weather  or  highway  conditions. 

3.  Powers  of  Highway  Commissioner.  Amend  part  19  of 
chapter  90  of  the  Revised  Laws  as  inserted  by  chapter  188  of 
the  Laws  of  1945  by  inserting  after  section  6  the  following 
new  section:  6-a.  Establishment  of  Speed  Zones.  When- 
ever the  highway  commissioner  shall  determine  upon  the  basis 
of  an  engineering  and  traffic  investigation  that  any  prima  facie 
speed  limit  set  forth  in  paragraph  IV  of  section  30  of  chapter 
119  of  the  Revised  Laws  is  greater  or  less  than  is  reasonable 
or  safe  under  the  conditions  found  to  exist  at  any  intersection 
or  other  place,  or  upon  any  part  of  a  class  I,  class  II  or 
class  III  highway,  outside  the  compact  part  of  cities  or  towns, 
said  commissioner  may  determine  and  declare  a  reasonable 
and  safe  prima  facie  speed  limit  thereat  which  shall  be 
effective  when  appropriate  signs  giving  notice  thereof  are 
erected  at  such  intersection  or  other  place  or  part  of  said  high- 
way. The  commissioner  shall  keep  and  maintain  a  full  and 
complete  record  of  all  speed  zones  established  by  him  and  all 
alterations,  amendments  or  removal  thereof. 

4.  Definitions.  Amend  paragraph  V  of  section  1  of  chapter 
115  of  the  Revised  Laws  as  amended  by  section  1,  chapter  177 
of  the  Laws  of  1947  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  V.  "Dealer,"  every  per- 
son principally  engaged  in  the  business  of  buying,  selling,  or 
exchanging  new  and  secondhand  motor  vehicles,  trailers,  semi- 
trailers, or  tractors  on  commission  or  otherwise,  who  main- 
tains a  place  of  business  capable  of  housing  indoors,  in  one 
building,  five  average  sized  automobiles,  devoted  to  the  motor 
vehicle,  trailer,  semi-trailer  or  tractor  business  and  gives 
mechanical  service  on  the  same  and  who  holds  a  written  con- 
tract with  a  manufacturer  giving  such  persons  selling  rights 
for  new  motor  vehicles,  trailers,  semi-trailers,  or  tractors  or 


348  Chapter  287  [1949 

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,  selhng,  and  exchanging  secondhand  motor  vehicles, 
trailers,  semi-trailers,  or  tractors  and  maintaining  a  place  of 
business  capable  of  housing  indoors,  in  one  building,  five 
average  sized  automobiles,  devoted  to  the  motor  vehicle, 
trailer,  semi-trailer,  or  tractor  business  and  gives  mechanical 
service  on  the  same,  in  which  the  repair  of  motor  vehicles, 
trailers,  semi-trailers,  or  tractors  is  subordinate  or  incidental 
to  the  business  of  buying,  selling,  and  exchanging  the  same, 
and  every  person  principally  engaged  in  the  business  of  buying 
promissory  notes  secured  by  mortgage,  conditional  sale  con- 
tract, or  lease  upon  motor  vehicles,  trailers,  semi-trailers,  or 
tractors. 

5.     Repeal;  Takes  Effect.     Sections  16  and  18  of  chapter  119 
of  the  Revised  Laws  are  hereby  repealed  and  this  act  shall  take 
effect  October  1,  1949. 
[Approved  July  15,  1949.] 


CHAPTER  287. 
AN  ACT  RELATING  TO  HIGHWAYS. 

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

1.  Uniform  Application  of  Certain  Parts  of  the  Highway 
Law.  The  provisions  of  parts  24  and  25  of  chapter  90  of  the 
Revised  Laws  as  inserted  by  chapter  188  of  the  Laws  of  1945 
shall  apply  to  all  cities  and  towns  now  or  hereafter  in- 
corporated, except  such  provisions  thereof  as  may  have  been 
or  are  hereafter  specifically  amended  or  repealed  in  the  act  of 
incorporation. 

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

[Approved  July  19,  1949.] 


1949]  Chapters  288,  289  349 

CHAPTER  288. 

AN  ACT  RELATIVE  TO  EMPLOYEES  OF  THE  FISH  AND  GAME 
DEPARTMENT. 

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

1.  Fish  and  Game  Department  Employees.  Amend  section 
23  of  chapter  240  of  the  Revised  Laws  by  striking  out  the 
words  "All  conservation  officers  shall  give  bond  in  such  amount 
as  may  be  required  by  the  director."  so  that  said  section  as 
amended  shall  read  as  follows:  23.  Number,  etc.  The 
director  shall  determine  the  number  of  conservation  officers 
and  superintendents  of  hatcheries.  He  shall  appoint  and  re- 
move all  conservation  officers  and  superintendents  of  hatch- 
eries in  the  manner  hereinafter  provided.  He  shall  hire  such 
experts  and  office  assistants  as  in  his  judgment  are  necessary 
for  the  proper  execution  of  his  duties.  A  copy  of  the  appoint- 
ment of  each  conservation  officer  shall  be  filed  in  the  office  of 
the  director. 

2.  Repeal.  Section  30  of  chapter  240  of  the  Revised  Laws, 
relative  to  compensation  of  employees  of  the  fish  and  game  de- 
partment, is  hereby  repealed. 

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

[Approved  July  19,  1949.] 


CHAPTER  289. 


AN  ACT  TO  RESTRICT  THE  USE  OF  SEINES  AND  BEAM  TRAWLS  ON 
THE  NEW  HAMPSHIRE  SEACOAST. 

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

1.  Restriction.  Amend  section  59  of  chapter  245,  Revised 
Laws,  by  striking  out  the  words  "Rye  Ledges"  in  the  fifth  line 
and  inserting  in  their  place  the  words,  Maine  line,  so  that 
section  59  as  amended  shall  read  as  follows:  59.  Cod,  etc. 
No  person  shall  use  a  trawl  for  the  taking  of  codfish  in  the 
Piscataqua  river  or  its  tributaries  north  of  the  Portsmouth 
bridge.     No  person  shall  use  a  purse  seine  or  beam  trawl  for 


350  Chapter  290  [1949 

the  taking  of  cod,  haddock,  pollack,  hake,  or  flounders  along 
the  shores  of  the  Atlantic  ocean  between  the  Maine  line  and 
the  Massachusetts  line. 

2.    Takes   Effect.      This    act   shall   take    effect   upon   its 
passage. 
[Approved  July  19,  1949.] 


CHAPTER  290. 


AN  ACT  RELATIVE  TO  THE  ADMINISTRATION  OF  THE 
UNEMPLOYMENT  COMPENSATION  LAW. 

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

1.  Unemployment  Compensation.  Amend  chapter  218  of 
the  Revised  Laws  by  inserting  after  section  10  the  follow- 
ing new  section:  10-a.  Administration.  The  provisions  of 
section  8,  relative  to  unemployment  compensation  fund  and 
section  10  relative  to  unemployment  compensation  and  employ- 
ment service  administration  fund,  to  the  contrary  notwith- 
standing, the  commissioner  is  authorized  to  requisition  and  re- 
ceive from  this  state's  account  in  the  unemployment  trust  fund 
in  the  treasury  of  the  United  States,  in  the  manner  permitted 
by  federal  law,  such  monies  standing  to  its  credit  in  said  fund 
as  are  permitted  by  federal  law  to  be  used  for  expenses  of  ad- 
ministering the  provisions  of  this  chapter  and  to  expend  such 
monies  for  such  purpose.  The  state  treasurer  shall  be  the 
custodian  of  the  amounts  of  money  so  requisitioned  and  re- 
ceived. He  shall  administer  such  fund  in  accordance  with  the 
directions  of  the  commissioner  and  such  rules  and  regulations 
as  the  commissioner  may  prescribe  not  inconsistent  with 
federal  law. 

2.  Appeal  to  Courts.  Amend  subsection  G,  section  5  of 
chapter  218  of  the  Revised  Laws,  as  amended  by  section  15. 
chapter  59  of  the  Laws  of  1947,  by  striking  out  the  whole  of 
said  subsection  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  pro- 
vided herein,  and  within  ten  days  after  the  date  of  notification 


1949]  Chapter  291  351 

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 
appeal  shall  be  perfected  by  filing  a  petition  with  the  clerk  of 
said  superior  court  within  the  ten-day  period  hereinabove  re- 
ferred to,  and  such  petition  shall  set  forth  the  grounds  upon 
which  it  is  claimed  that  the  decision  is  in  error,  and  no  bond 
shall  be  required  as  a  condition  of  entering  such  appeal. 
Thereupon  the  clerk  of  said  superior  court  shall  issue  a  citation 
to  all  interested  parties  including  the  commissioner,  returnable 
at  any  time  within  ten  days  after  the  date  of  issue.  The  com- 
missioner shall  file  with  said  clerk  before  trial  a  copy  of  the 
record  on  the  claim  which  shall,  upon  being  so  filed,  become  a 
part  of  the  record  of  the  case.  The  superior  court  shall  hear 
the  case  de  novo.  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  of  law 
arising  in  the  administration  of  this  chapter.  A  petition  of 
appeal  shall  not  act  as  a  supersedeas  or  stay  unless  the  com- 
missioner shall  so  order.  Upon  the  final  determination  of  such 
judicial  proceeding,  the  commissioner  shall  enter  an  order  in 
accordance  with  such  determination. 

3.     Takes    Effect.      This   act    shall    take   effect   upon   its 
passage. 
[Approved  July  19,  1949.] 


CHAPTER  291. 


AN  ACT  RELATING  TO  CERTAIN   TAX  EXEMPTIONS  OF  CITIZENS 
WHO  FOUGHT  WITH  THE  ALLIES  OF  THE  UNITED  STATES. 

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

1.  Poll  Taxes.  Amend  section  1  of  chapter  73  of  the  Re- 
vised Laws  as  amended  by  chapter  5  of  the  Laws  of  1944  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following.  1.  Persons  Liable.  A  poll  tax  of  two  dollars  shall 
be  assessed  on  every  inhabitant  of  the  state  from  twenty-one 
to  seventy  years  of  age  whether  a  citizen  of  the  United  States 


352  Chapter  291  [1949 

or  an  alien,  except  paupers,  insane  persons,  the  widow  of  anj^ 
veteran  who  served  in  tlie  armed  forces  of  the  United  States 
in  any  wars  in  which  it  has  been  engaged,  the  widow  of  any 
citizen  who  served  in  the  armed  forces  of  any  country  allied 
with  the  United  States  in  any  of  the  wars  as  defined  by 
chapter  167  of  the  Laws  of  1949,  and  section  29-c,  chapter  73 
of  the  Revised  Laws  as  inserted  by  chapter  240  of  the  Laws  of 
1947,  and  others  except  by  special  provisions  of  law. 

2.  Exemptions.  Amend  section  2  of  said  chapter  73  as 
amended  by  section  1  of  chapter  173  of  the  Laws  of  1943  by 
striking  out  all  of  said  section  and  inserting  in  place  thereof 
the  following :  2.  Veterans  Exemption.  Any  veteran  of  any 
war  in  which  the  United  States  has  been  engaged  and  any 
veteran  of  the  armed  forces  of  the  governments  allied  with  the 
United  States  as  denned  by  section  29-c  of  this  chapter,  who 
shall  present  to  the  selectmen  or  assessors  of  the  town  in  which 
he  lives,  for  inspection  and  record,  his  pension  certificate 
awarding  to  him  an  invalid  pension  of  any  amount,  or  a  dis- 
charge other  than  dishonorable  from  such  wars,  shall  there- 
after be  exempt  from  the  levy  of  a  poll  tax. 

3.  Repeal.  Section  4  of  said  chapter  73  as  amended  by 
section  2,  chapter  173,  Laws  of  1943,  relative  to  disability  ex- 
emption, is  hereby  repealed. 

4.  Veterans  of  Allied  Forces.  Amend  section  29-c  of  said 
chapter  73,  as  inserted  by  chapter  240  of  the  Laws  of  1947,  by 
inserting  after  the  word  "who"  in  the  third  line  the  words, 
being  a  citizen  of  the  United  States,  or,  so  that  said  section  as 
amended  shall  read  as  follows:  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  citizen 
of  the  United  States,  or  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  en- 
titled to  the  exemption  authorized  by  said  section. 

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

[Approved  July  19,  1949.] 


1949]  Chapter  292  353 

CHAPTER  292. 

AN  ACT  RELATING  TO  BEANO. 

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

1.    New  Chapter.     Amend  the  Revised  Laws  by  inserting 
after  chapter  171  the  following  new  chapter: 

Chapter  171-A 
Games  of  Beano 
1.     Definitions.     Terms   used   in   this    chapter   shall  be 
construed  as   follows  unless  a  different  meaning  is  clearly- 
apparent  from  the  language  or  context : 

1.  "Beano"  shall  mean  any  game  by  whatever  name 
called  in  which  a  prize  is  offered  to  the  person  first  completing 
a  straight  line  of  squares  across  a  placard  marked  into  squares 
for  said  purpose. 

II.  "Charitable  organization"  shall  mean  any  bona  fide 
religious,  charitable,  civic,  veterans  or  fraternal  organization 
which  shall  have  been  in  existence  for  at  least  two  years  and 
is  organized  under  the  laws  of  this  state  and  to  which  contri- 
butions are  exempt  from  federal  income  tax. 

2.  License.  The  selectmen  of  any  town  or  the  chief  of 
police  of  any  city  wherein  the  provisions  of  this  chapter  have 
been  adopted  may  issue  to  any  charitable  organization  within 
such  town  or  city  a  license  to  conduct  games  of  beano  on  not 
more  than  five  days  in  any  one  calendar  month  under  the 
following  conditions: 

I.  The  license  shall  authorize  games  on  specific  dates  at 
specific  times  and  at  a  specified  location. 

II.  Such  license  shall  not  be  transferable. 

III.  All  persons  conducting  said  games  shall  be  members 
of  the  charitable  organization. 

IV.  The  price  to  be  paid  for  a  single  card  or  play  under 
the  license  shall  not  exceed  ten  cents. 

3.  Fees.  No  license  issued  hereunder  shall  be  granted 
until  a  license  fee  of  ten  dollars  has  been  paid  therefor  to  the 
selectmen  or  chief  of  police  to  whom  application  for  license  is 
made,  except  that  no  fee  shall  be  required  when  the  play  is 
purely  for  amusement  purposes  where  no  charge  is  made  nor 


354  Chapter  292  [1949 

any  consideration  is  required  nor  taken  as  a  prerequisite  to 
play. 

4.  Expiration  of  License.  A  license  granted  hereunder 
shall  be  effective  only  for  the  current  month  for  which  it  is 
issued.  A  new  application  shall  be  made  for  each  license  re- 
quired. 

5.  Remittance.  The  fee  received  by  the  selectmen  of  a 
town  or  chief  of  police  of  a  city  shall  be  paid  over  to  the  town 
or  city  treasurer  for  the  use  of  the  town  or  city. 

6.  Application  of  Chapter.  The  provisions  of  chapter  447 
of  the  Revised  Laws  relative  to  lotteries  and  gambling  con- 
tracts shall  not  apply  to  games  of  beano  conducted  under  a 
license  provided  for  herein. 

7.  Local  Option.  The  following  question  shall  be  sub- 
mitted to  the  voters  in  cities  at  the  annual  or  biennial  muni- 
cipal election  and  in  towns  at  the  annual  meeting :  (a)  "Shall 
the  provisions  of  chapter  171-A  of  the  Revised  Laws  relative 
to  playing  games  of  beano  be  adopted  in  this  city  or  town  ?"  In 
cities  and  in  towns  having  an  official  ballot  this  question  shall 
appear  upon  the  official  ballot.  In  towns  where  no  official 
ballot  is  used,  the  vote  on  the  question  shall  be  by  special 
ballot.  If  a  majority  of  the  qualified  voters  present  and  vot- 
ing at  any  municipal  election  signifies  the  approval  of  the 
question  hereinbefore  stated,  the  selectmen  of  said  to^vn  or 
the  chief  of  police  of  said  city  may  issue  licenses  for  the 
conduct  of  games  of  beano  under  the  provisions  of  said 
chapter  171-A. 

8.  Prohibition.  No  person  shall  conduct  games  of  beano 
unless  licensed  to  do  so  under  the  provisions  of  this  chapter. 
Any  person  who  shall  violate  any  of  the  provisions  of  this 
chapter  shall  be  fined  not  more  than  five  hundred  dollars  and 
each  day's  play  shall  constitute  a  separate  offense. 

2.    Takes   Effect.      This    act   shall    take    effect   upon    its 
passage. 
[Approved  July  21,  1949.] 


1949]  Chapter  293  355 

CHAPTER  293. 

AN  ACT  RELATIVE  TO  WHITE  PINE  BLISTER  LAW. 

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

1.  Control  Measures.  Amend  section  9  of  chapter  238  of 
the  Revised  Laws  by  striking  out  the  words  "an  emergency" 
in  the  second  line  and  inserting  in  place  thereof  the  words,  a 
necessity,  so  that  said  section  as  amended  shall  read  as  follows : 
9.  Obligation  of  Towns.  When,  in  the  opinion  of  the  state 
forester  and  the  commissioner  of  agriculture,  a  necessity 
exists  requiring  the  destruction  of  currant  and  gooseberry 
bushes  in  any  town,  the  governor  and  council  may  order  such 
town  to  carry  out,  under  the  direction  of  the  state  forester,  the 
control  measures  specified  by  him.  If  such  order  is  not  com- 
plied with,  the  state  forester,  or  his  authorized  agents,  may 
remove  or  destroy  any  currant  and  goosebury  bushes  within 
such  town  and  charge  the  expenses  to  the  town ;  provided,  how- 
ever, that  no  town  shall  be  required  to  expend  more  than  four 
hundred  dollars  in  any  one  year  for  such  control  measures. 

2.  Powers  of  Towns.  Further  amend  said  chapter  238  by 
adding  after  section  9  as  hereinbefore  amended  the  following 
new  section:  9-a.  Town  Appropriation.  The  expenses  to 
the  town  provided  for  in  section  9  for  control  measures  shall 
be  deemed  to  be  a  judgment  against  said  town  and  the  amount 
thereof  shall,  without  vote  of  the  town,  be  paid  by  the  select- 
men. 

3.  State  Forester.  Amend  chapter  238  of  the  Revised 
Laws  by  inserting  after  section  9-a  as  hereinafter  inserted  the 
following  new  section:  9-b.  Notice  Required.  Two  weeks 
prior  to  the  removal  or  destruction  of  any  currant  or  goose- 
berry bushes  within  any  town  by  the  state  forester  or  his 
authorized  agents  under  the  provisions  hereof,  a  written  notice 
shall  be  given  by  the  state  forester  to  the  selectmen  of  the 
town  stating  the  date  when,  and  the  location  where,  operations 
for  such  removal  or  destruction  will  be  begun. 

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

[Approved  July  22,  1949.] 


356  Chapter  294  [1949 

CHAPTER  294. 

AN  ACT  RELATING  TO  THE  EXTERMINATION  OF  WILD  BOAR  IN 
THE  COUNTIES  OF  SULLIVAN  AND  GRAFTON. 

Whereas  certain  persons  and  corporations  have  introduced 
into  this  state  the  wild  boar,  a  dangerous  animal,  whose  pro- 
clivities to  damage  property  or  injure  persons  are  well  known; 
and 

Whereas  said  wild  boar,  in  certain  localities,  have  been  per- 
mitted to  run  at  large  and  to  increase  and  multiply  in  number, 
creating  a  public  nuisance ; 

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

1.  Enclosure.  Any  person  or  corporation  owning  or 
possessing  wild  boar  in  this  state  shall  at  all  times  keep  such 
wild  boar  in  a  safe  and  suitable  enclosure  so  that  they  may  not 
run  at  large  or  damage  the  person  or  property  of  others. 

2.  Abatement.  Any  person  or  corporation  owning  or 
having  introduced  wild  boar  into  this  state  who,  heretofore, 
shall  have  suffered,  permitted,  or  otherwise  failed  to  prevent, 
the  escape  of  such  wild  boar  shall  abate,  at  his  or  its  own  ex- 
pense, the  public  nuisance  resulting  therefrom  on  or  before 
April  1,  1950  by  employing  all  reasonable  means  to  capture  or 
exterminate  such  wild  boar  and  their  progeny.  Persons  suffer- 
ing damage  to  their  lands,  property  or  person  after  April  1, 
1950  caused  by  wild  boar  now  at  large  as  specified  in  this  para- 
graph and  which  are  not  captured  or  exterminated  as  herein 
provided  within  the  specified  time  limit,  may  recover  such 
damage  in  an  action  of  trespass  against  the  said  owner,  or  per- 
son or  corporation  having  introduced  the  same  into  this  state. 

3.  Liability.  Any  person  or  corporation  owning  or  possess- 
ing wild  boar  in  this  state,  who  shall  violate  the  provisions  of 
section  1,  shall  be  liable  in  an  action  of  trespass  for  all  damage 
done  by  said  wild  boar  to  the  lands,  properties  or  persons  of 
others. 

4.  Nature  of  Remedy.  The  remedies  created  and  duties 
imposed  by  this  act  shall  be  deemed  cumulative  and  are  not 
intended  to  modify  or  supersede  any  remedy  available  or  duty 
imposed  at  common  law. 


1949]  Chapter  295  357 

5.    Takes  Effect.     Section  3  of  this  act  shall  take  effect 
April  1,  1950  and  sections  1,  2  and  4  shall  take  effect  upon  the 
passage  of  this  act. 
[Approved  July  22,  1949.] 


CHAPTER  295. 


AN  ACT  RELATING  TO   FOREST  CONSERVATION 
AND  TAXATION. 

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

1.  Declaration  of  Policy.  It  is  the  declared  purpose  of  this 
act  to  encourage  conservation  of  the  forest  resources  of  this 
state  by  releasing  growing  wood  and  timber  from  the  yearly 
burden  of  local  property  taxes  and  substituting  a  yield  tax,  so 
as  to  give  an  incentive  to  the  owners  of  standing  timber  to 
abandon  destructive  cutting  practices  in  favor  of  long-range 
forest  management  plans  and  to  promote  the  restocking  of  de- 
pleted forest  lands  by  conserving  an  understory  of  immature 
trees  of  desirable  species.  It  is  further  designed  to  provide  a 
continuous,  sustained  yield  of  wood  and  timber  for  New  Hamp- 
shire wood-using  industries  and  to  stabilize  employment  in 
those  industries,  to  maintain  forest  lands  at  their  maximum 
productiveness,  to  protect  the  water  resources  of  the  state,  to 
minimize  the  effect  of  droughts,  and  to  maintain  a  more  con- 
stant water  level  in  wells,  springs,  streams  and  public  water 
supplies.  It  is  also  the  purpose  of  this  act  to  benefit  the  agri- 
cultural, industrial  and  recreational  interests  of  the  state,  and 
to  provide  healthful  surroundings,  scenic  values  and  im- 
proved conditions  for  fish  and  game. 

2.  Growing  Wood  and  Timber.  Amend  the  Revised  Laws 
by  inserting  after  chapter  79  the  following  new  chapter : 

79-A 

Forest  Conservation  and  Taxation 

1.  Definitions.  The  following  words  and  phrases  as  used 
in  this  chapter  shall  have  the  meanings  indicated,  unless  a  con- 
trary meaning  shall  appear  in  the  context : 


358  Chapter  295  [1949 

"Assessing  officials"  means  those  charged  by  law  with 
the  duty  of  assessing  taxes  in  the  city,  town  or  unincorporated 
place. 

"Contract"  means  any  enforcible  agreement,  oral  or 
written,  which  effectively  transfers  the  title  to  standing  wood 
or  timber  or  the  possession  thereof  with  authority  to  cut. 

"Owner"  means  any  person,  including  a  purchaser  of 
public  forest  timber,  having  title  to  lands  or  standing  trees  or 
possession  with  authority  to  cut  and  remove  logs  or  wood  from 
lands  or  standing  trees,  from  which  any  logs  or  wood  are  taken 
during  the  tax  year.  The  word  "owner"  shall  not  be  construed 
to  include  (a)  a  person  who  cuts  or  causes  to  be  cut  logs  or 
wood  for  consumption  in  the  construction,  reconstruction  or 
alteration  of  his  own  buildings  within  the  state  of  New  Hamp- 
shire; (b)  a  person  who  cuts  or  causes  to  be  cut  wood  for  fuel 
purposes  for  his  own  consumption  from  his  own  land  wherever 
located  within  said  state;  (c)  public  agencies  cutting  wood  or 
timber  on  publicly  owned  lands;  (d)  persons  engaged  in  clear- 
ing and  maintaining  rights  of  way  incidental  to  furnishing 
utility  services  or  transportation  to  the  public. 

"Stumpage  value"  means  the  amount  determined  by  the 

assessing  officials  in  the  same  manner  as  other  property  values 

(4-.     for  the  purposes  of  taxation.     The  assessing  officials  shall  give 

jfull  consideration  to  the  amounts  received  from  stumpage  sales 

in  the  vicinity,  prices  offered  for  logs,  pulpwood  and  fuel  wood, 

current  operating  costs  and  similar  data,  taking  into  consider- 

-  vw  '^<4-^'*^  jjation  the^difficulties  of  operating  in  each  case. 

^x^oriJ-  -^  ^^  "Tax  year"  as  used  in  this  chapter  means  from  October 

.  •    *v-f»^      ^^^'^  ^^  September  thirtieth  of  the  next  calendar  year,  inclusive, 

'         .,1       except  that  the  period  from  April  1,  1950  to  September  30, 

"^^^A  ^  *       1950,  inclusive,  shall  be  deemed  to  be  a  tax  year  for  the  pur- 

urv<^(k><M    poses  of  the  assessment  to  be  made  on  October  1,  1950. 

Z4it^  -o^/'  ^*     K^l^^ise  from  Property  Taxes.     All  growing  wood  and 

/  timber  except  fruit  trees,  sugar  orchards,  nursery  stock  and 

T/x  /*'      V    trees  maintained  only  for  shade  or  ornamental  purposes,  which 

shall  not  be  subject  to  the  yield  tax  hereinafter  provided,  shall 

be  released  from  the  general  property  tax;  but  the  land  upon 

which  such  gi'owing  wood  and  timber  stands  shall  be  assessed. 

3.     Tax.     A  yield  tax  on  the  stumpage  value  at  the  time 

of  cutting  shall  be  assessed  by  the  assessing  officials  as  of 

October  first  of  each  year  against  each  owner  of  growing  wood 


1949]  Chapter  295  359 

and  timber,  which  has  been  cut  during  the  previous  tax  year, 
at  the  rate  of  ten  per  cent.  Provided,  however,  that  any 
timber  subject  to  a  contract  entered  into  prior  to  April  7,  1949, 
which  is  cut  prior  to  October  1,  1953  shall  be  subject  to  a  yield 
tax  equal  to  the  accumulated  amount  which  would  have  been 
paid  in  general  property  taxes  if  the  standing  wood  or  timber 
had  not  been  exempted  under  section  2  of  this  chapter  during 
that  period. 

— '  4.  General  Tax;  Credits  in  Certain  Cases.  Whenever  it 
shall  appear  to  the  assessing  officials  that  a  town  or  city  is  un- 
reasonably deprived  of  revenue  because  of  the  failure  of  an 
owner  to  cut  standing  wood  or  timber  when  it  shall  have 
arrived  at  the  degree  of  maturity  most  suitable  for  its  use,  such 
standing  wood  or  timber  shall  be  taxed  in  the  same  manner  as 
general  property  and  be  subject  to  the  same  rights  of  appeal, 
the  intent  being  to  prevent  the  holding  of  standing  wood-  or 
timber  indefinitely  without  the  payment  of  any  taxes.  If  such 
standing  wood  or  timber  is  taxed  under  the  provisions  of  this 
section,  such  taxes  shall  be  a  credit  against  any  yield  tax  later 
imposed,  and  shall  be  taken  into  consideration  in  determining 
loss  of  tax  revenue  as  provided  in  section  18. 

5.  Abatement  for  Improved  Forest  Practices.  The 
assessing  officials  shall  on  application  of  any  owner  who  has 
complied  with  the  requirements  of  sections  8  and  9  relating  to 
notice  and  return,  abate  so  much  of  the  tax  on  timber  cut  as 
would  amount  to  three  per  cent  of  its  stumpage  value  provided 
there  is  filed  with  such  application  a  certificate  of  the  owner, 
or,  if  requested  by  the  assessing  officials,  a  certificate  of  the 
state  forester  or  his  agent  stating  that  the  owner  has  complied 
with  the  standards  established  under  section  21  of  this  chapter. 

6.  Collection.  Said  tax  shall  constitute  a  lien  upon  all 
property  of  the  owner  and  may  be  enforced  and  collected  by 
any  appropriate  means  provided  for  the  collection  of  taxes  in 
chapter  80  of  this  title  and  amendments  thereto,  except  that 
the  right  of  distraint  and  the  hen  provided  by  sections  6  and 
17  thereof  shall  expire  eighteen  months  from  the  date  on 
which  the  yield  tax  is  assessed.  It  shall  be  subject  to  the  same 
interest  additions  as  general  property  taxes.  In  any  instance 
where  the  assessing  officials  deem  it  necessary  to  insure  the 
payment  of  the  yield  tax,  they  may  require  a  bond  or  other 
security  to  be  given  before  or  during  the  cutting  period  in  such 


360  Chapter  295  [1949 

amount  and  conditioned  upon  such  terms  as  they  determine. 
They  may  enter  upon  and  inspect  the  timber  lot,  and  require 
the  owner  to  produce  for  their  inspection  such  books,  records 
and  papers  as  may  be  of  assistance  to  them  in  the  assessment 
of  the  tax  herein  provided. 

7.  Appeal  and  Abatement.  The  owner  shall  have  the 
same  rights  of  appeal  and  abatement  as  are  provided  by  law 
for  persons  against  whom  other  taxes  are  assessed ;  but  no  such 
owner  shall  be  entitled  to  appeal  unless  he  has  made  the  return 
required  by  section  9. 

8.  Notice  of  Cutting.  The  owner  intending  to  cut  any 
wood  or  timber  shall  give  written  notice  of  his  intention  prior 
to  such  cutting  to  the  assessing  officials.  Such  notice  shall 
state  the  name  and  residence  of  the  owner,  a  description  of  the 
location  of  the  land  from  which  the  wood  or  timber  is  to  be  cut, 
its- estimated  amount  and  value,  and  whether  or  not  application 
for  abatement  will  be  made  in  accordance  with  section  5. 

9.  Returns.  Every  owner  as  defined  in  section  1  of  this 
chapter  shall  make  a  return  to  the  assessing  officials  on  or  be- 
fore October  fifteenth  each  year,  stating  the  kinds  and  total 
amount  of  the  wood  or  timber  subject  to  the  yield  tax  cut  dur- 
ing the  preceding  tax  year.  Returns  shall  be  on  forms  pre- 
scribed by  the  tax  commission  and  shall  require  such  infor- 
mation as  the  commission  may  deem  necessary  to  enable  the 
assessing  officials  to  locate,  identify,  and  determine  the  true 
stumpage  value  of,  all  wood  and  timber  subject  to  a  yield  tax. 
Such  returns  shall  be  made  under  penalties  of  perjury. 

10.  Penalty.  Whoever  violates  any  of  the  provisions  of 
sections  8  or  9  shall  be  fined  not  more  than  five  hundred 
dollars.  Such  fine  shall  go  to  the  city  or  town  in  which  the 
wood  or  timber  is  located  and  shall  be  enforced  in  an  action 
brought  in  the  name  of  the  town  or  city  by  the  assessing 
officials.  If  the  wood  or  timber  is  located  in  an  unorganized 
town  or  unincorporated  place  said  fine  shall  go  to  the  county  in 
which  it  is  located  and  shall  be  enforced  by  an  action  brought 
in  the  name  of  the  county  by  the  county  commissioners. 

11.  Disposition  of  Yield  Tax.  The  yield  tax  imposed  by 
section  3  of  this  chapter  shall  be  paid  by  the  tax  collectors  of 
cities  and  towns  into  their  respective  treasuries  for  use  as 
other  tax  money  is  used.  The  yield  tax  collected  by  the  state 
treasurer  from  operations   in   any   unorganized   town   or  un- 


1949]  Chapter  295  361 

incorporated  place  shall  be  disbursed  by  him  as  follows:  (1) 
To  the  state  tax  commission  the  cost  of  assessment  in  the  un- 
organized town  or  unincorporated  place;  (2)  to  the  treasurer 
of  the  county  in  which  it  is  located  to  be  credited  against  its 
share  of  the  county  tax  for  the  ensuing  year;  (3)  if  any  ex- 
cess still  remains,  it  shall  be  disbursed  from  year  to  year  dur- 
ing the  ensuing  years  as  provided  in  clause  (2)  above. 

12.  Reimbursement  Fund  Created.  There  is  hereby 
appropriated  the  sum  of  $300,000,  to  be  raised  in  the  manner 
hereinafter  provided,  which  sum  shall  constitute  the  reimburse- 
ment fund  for  reimbursing  cities  and  towns  for  the  loss  of  tax 
revenue  by  the  exemption  of  standing  wood  and  timber.  Any 
balance  in  said  reimbursement  fund  shall  not  lapse  but  shall  be 
carried  forward  to  the  reimbursement  fund  for  the  succeeding 
fiscal  year.  The  governor  is  hereby  authorized  to  draw  his 
warrant  for  the  purposes  of  this  chapter  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 

13.  Bond  Issue  Authorized.  Whenever  there  are  in- 
sufficient funds  in  the  treasury  upon  which  the  governor  may 
draw  his  warrant  to  create  the  reimbursement  fund  as  author- 
ized in  the  preceding  section,  the  treasurer  is  hereby  author- 
ized under  the  direction  of  the  governor  and  council  to  borrow 
from  time  to  time  upon  the  credit  of  the  state  a  sum  not  to 
exceed  $300,000  and  for  that  purpose  may  issue  bonds  or  notes 
in  the  name  and  behalf  of  the  state.  Such  bonds  or  notes  shall 
be  deemed  a  contract  on  the  part  of  the  state  to  set  aside 
annually  a  sum  not  to  exceed  $25,000  from  the  forest  improve- 
ment and  recreational  fund  established  under  section  14  of 
chapter  234,  of  the  Revised  Laws  as  amended  by  section  10  of 
chapter  184  of  the  Laws  of  1945,  until  the  date  of  maturity  of 
said  bonds  or  notes  or  until  sufficient  money  shall  have 
accumulated  to  pay  such  bonds  and  the  interest  thereon  at 
dates  of  maturity.  Such  bonds  and  notes  shall  be  deemed  a 
pledge  of  the  faith  and  credit  of  the  state. 

14.  Form,  Proceeds  of  Sale.  The  governor  and  council 
shall  determine  the  form  of  such  bonds  or  notes,  their  rate  of 
interest,  the  dates  when  interest  shall  be  paid,  the  dates  of 
maturity,  the  places  where  principal  and  interest  shall  be  paid 
and  the  time  or  times  of  issue.  Such  bonds  or  notes  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  governor. 
The  treasurer  may  negotiate  and  sell  such  bonds  or  notes 


362  Chapter  295  [1949 

under  the  direction  of  the  governor  and  council  in  such  manner 
as  they  may  deem  to  be  most  advantageous  to  the  state.  Out 
of  the  proceeds  of  the  sale  of  said  bonds  or  notes  the  governor 
is  authorized  to  draw  his  warrant  for  the  sum  hereinbefore 
appropriated,  for  the  purposes  of  this  act  only. 

15.  Accounts.  The  secretary  of  state  shall  keep  an 
account  of  all  such  bonds  or  notes  countersigned  by  the  gover- 
nor, showing  the  number  and  amount  of  each  bond  or  note,  the 
time  of  countersigning,  the  time  when  payable,  and  the  date  of 
delivery  to  the  treasurer.  The  treasurer  shall  keep  an  account 
of  each  bond  or  note,  showing  the  number  and  amount  thereof, 
the  name  of  the  person  to  whom  sold,  the  amount  received  for 
the  same,  the  date  of  the  sale,  and  the  time  when  payable. 

16.  Short-Term  Notes.  Prior  to  the  issuance  of  the 
bonds  hereunder  the  treasurer,  with  the  consent  of  the  gover- 
nor and  council,  may  for  the  purposes  hereof  borrow  from  time 
to  time  on  short-term  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- 
term  loans  and  said  bonds  exceed  the  total  bond  issue  author- 
ized under  section  13. 

17.  Application  for  Reimbursement.  The  governing 
body  of  a  city  or  the  selectmen  of  a  town  may  apply  to  the 
state  tax  commission  annually  on  or  before  September  first  re- 
questing that  its  share  of  reimbursement  be  determined  and 
certified  to  the  state  treasurer  for  payment  in  the  manner  pro- 
vided in  section  18. 

18.  Distribution  of  Reimbursement  Fund.  Beginning 
with  the  year  1950,  the  state  treasurer  shall  on  December 
thirty-first  of  each  year  make  distribution  from  said  reimburse- 
ment fund  to  the  several  cities  and  towns  for  their  losses  in  tax 
revenue,  if  any,  caused  by  the  exemption  of  growing  wood  and 
timber,  when  such  losses  have  been  determined  and  certified  by 
the  state  tax  commission  after  receipt  of  the  application  re- 
quired by  the  preceding  section.  In  computing  such  losses 
said  commission  shall  determine  the  amount  of  revenue  each 
such  city  and  town  would  have  received  from  a  tax  levied  on 
the  average  assessed  valuation  of  its  growing  wood  and  timber 
for  the  years  1944  to  1948  inclusive,  reckoned  on  its  current 
average  tax  rate,  deducting  therefrom  the  amount  of  any  gen- 
eral property  tax  assessed  under  section  4  of  this  chapter  and 


1949]  Chapter  295  363 

the  amount  of  yield  tax  assessed  in  said  city  or  town  under  the 
terms  of  this  chapter  for  the  year  in  which  distribution  is 
made,  and  also  deducting  from  such  amount  any  additional 
funds  each  would  receive  from  the  state  for  schools  or  roads 
because  of  the  loss  in  valuation  from  exemption  of  standing 
wood  and  timber,  and  said  commission  shall  also  take  into  con- 
sideration so  far  as  legally  possible  any  increase  or  decrease  in 
the  proportionate  share  of  each  city  or  town  in  county  and 
state  taxes,  any  decrease  in  the  amount  of  reimbursement 
which  any  town  may  receive  because  of  the  taking  of  forest 
land  by  the  state  or  federal  government  for  state  or  national 
forests,  and  any  other  factors  or  abnormal  conditions,  includ- 
ing extratordinary  obligations  of  a  city  or  town  entered  into 
before  the  passage  of  this  act,  which  would  affect  an  equitable 
distribution,  the  intent  being  to  make  up  to  the  several  cities 
and  towns  any  loss  in  tax  revenue  or  loss  in  reimbursements 
granted  in  lieu  of  tax  revenue  on  federal  and  state  forests,  or 
increase  in  county  or  state  taxes  resulting  from  such  ex- 
emption in  as  equitable  a  manner  as  possible.  If  in  any  tax 
year  the  amount  of  yield  tax  together  with  the  said  additional 
state  funds  for  schools  and  roads  shall  exceed  such  tax  losses, 
said  excess  shall  be  used  (1)  to  reimburse  the  state  for 
accumulated  payments  received  in  prior  years  under  the  pro- 
visions of  this  section,  and  (2)  as  deductions  in  computing 
subsequent  distributions  from  the  reimbursement  fund. 

19.  Reimbursement  on  Account  of  Unorganized  Towns 
and  Unincorporated  Places,  The  loss  of  tax  revenue  from  each 
unorganized  town  and  unincorporated  place  shall  be  determined 
and  certified  by  the  tax  commission  in  a  manner  as  nearly 
similar  to  that  described  in  section  18  as  possible  and  said 
commission  shall  make  such  adjustments  as  may  be  necessary 
to  insure  equality  of  treatment  under  this  act,  so  far  as 
possible,  as  between  unorganized  towns  and  unincorporated 
places  and  towns  and  cities.  Reimbursement  of  such  loss  of 
tax  revenue  shall  be  made  by  payment  to  the  county  treasurer 
on  account  of  loss  of  county  taxes.  Reimbursement  shall  not 
be  made  on  December  thirty-first  but  shall  be  made  as  soon  as 
the  amount  of  taxes  due  for  the  ensuing  year  shall  have  been 
determined,  and  no  reimbursement  shall  be  made  in  any  year 
if  and  to  the  extent  that  funds  derived  from  the  yield  tax  re- 


364  Chapter  295  [1949 

main  in  the  hands  of  the  state  treasurer  for  disbursement  as 
provided  by  section  11. 

20.  Appeal  from  Decision  on  Eli^bility  for  Abatement. 

Whenever  an  owner  is  dissatisfied  with  the  decision  upon  the 
question  of  eligibility  for  the  abatement  provided  in  section  5, 
he  may  within  thirty  days  of  receiving  knowledge  of  said  de- 
cision, appeal  in  writing  to  the  district  forest  advisory  board 
and  the  decision  of  the  majority  of  said  board  shall  be  final. 

21.  Minimum  Cutting  Standards.  The  district  forest 
advisory  boards  shall  recommend  to  the  state  forester  cutting 
practices  to  be  used  as  the  basis  of  abatement  as  provided  in 
section  5.  Such  standards  shall  be  approved  by  the  state 
forester  with  the  advice  and  consent  of  the  forestry  and  rec- 
reation commission.  In  establishing  standards  hereunder,  con- 
sideration shall  be  given  to :  Accepted  methods  of  cutting  for 
forest  conservation  applicable  to  the  area,  done  in  a  manner  to 
leave  enough  healthy  standing  trees  of  desirable  species  to 
provide  future  continuous  yield,  and  to  protect  or  provide 
young  trees  of  desirable  species  in  sufficient  number  and  dis- 
tribution to  assure  soil  protection  and  a  future  crop;  satis- 
factory reforestation  by  planting;  together  with  the  mainte- 
nance of  vigilant  precautions  against  fire  and  provision  of 
sufficient  tools  and  equipment  for  fire  suppression,  and  co- 
operation with  public  agencies  in  the  application  of  measures 
for  the  control  of  fire,  insects  and  disease. 

22.  Revision.  The  provisions  as  to  the  creation  of  said 
reimbursement  fund  and  the  method  and  amount  of  reimburse- 
ment provided  for  in  sections  12  through  19  inclusive  shall  re- 
main in  force  for  twenty  years  from  the  date  when  this  act 
takes  effect,  and  the  general  court  of  1969  shall  revise  said 
provisions  as  the  situation  then  existing  may  require. 

23.  Interpretation.  The  amount  of  reimbursement  to 
which  a  town  may  be  entitled  under  section  30  of  chapter  234 
of  the  Revised  Laws  shall  not  be  affected  by  any  of  the  pro- 
visions of  this  chapter. 

3.  Amendment.  Amend  section  14  of  chapter  234  of  the 
Revised  Laws  as  amended  by  section  10,  chapter  184  of  the 
Laws  of  1945  by  inserting  after  the  word  "commission"  in  the 
seventeenth  line  the  words,  or  for  the  payment  of  any  bonded 
indebtedness  necessitated  by  the  creation  of  the  reimburse- 
ment fund  established  under  chapter  79-A  of  the  Revised  Laws 


1949]  Chapter  295  365 

as  inserted  by  "An  act  relating  to  forest  conservation  and  tax- 
ation" of  the  Laws  of  1949,  so  that  said  section  as  amended 
shall  read  as  follows:  14.  Forest  Improvement  and  Recre- 
ational Fund.  All  revenue  derived  from  fees  for  services  and 
accommodations  on,  and  rentals  and  the  sale  of  any  products 
from,  state  forests  or  reservations  and  federal  lands  placed 
under  the  jurisdiction  of  the  forestry  and  recreation  commis- 
sion shall,  except  as  otherwise  provided,  be  paid  into  the  state 
treasury.  All  of  such  revenue,  except  that  received  from  the 
sale  of  nursery  stock  from  the  state  forest  nursery,  shall  be 
kept  by  the  state  treasurer  in  a  separate  account  as  a  continu- 
ous fund  to  be  known  as  the  forest  improvement  and  recre- 
ational fund  from  which  payments  may  be  made  upon  recom- 
mendation of  the  commission,  with  the  advice  and  consent  of 
the  governor  and  council,  for  the  purchase  and  improvement 
of  the  state  forests  and  reservations  and  buildings  thereon  and 
for  administration  and  improvement  of  such  federal  lands  as 
may  be  placed  under  the  jurisdiction  of  the  commission,  or  for 
the  payment  of  any  bonded  indebtedness  necessitated  by  the 
creation  of  the  reimbursement  fund  established  under  chapter 
79-A  of  the  Revised  Laws  as  inserted  by  "An  act  relating  to 
forest  conservation  and  taxation"  of  the  Laws  of  1949.  At  the 
close  of  each  fiscal  year  the  unexpended  balance  of  said  money 
shall  be  carried  forward  and  be  made  available  for  use  in  the 
subsequent  years  for  said  purposes. 

4.  Constitutionality.  If  any  provisions  of  this  chapter,  or 
the  application  of  such  provisions  to  any  person  or  circum- 
stance, shall  be  held  invahd,  the  remainder  of  said  sections,  or 
the  application  of  such  provisions  to  persons  or  circumstances 
other  than  those  as  to  which  it  is  held  invalid,  shall  not  be 
affected  thereby. 

5.  Repeal.  Sections  31  to  47  inclusive  of  chapter  73  of  the 
Revised  Laws  and  section  2  of  chapter  144  of  the  Laws  of 
1943  are  hereby  repealed.  Such  parts  of  section  4  of  chapter 
76  of  the  Revised  Laws  as  amended  by  section  1,  chapter  144, 
Laws  of  1943,  as  require  the  selectmen's  invoice  to  show  valu- 
ation of  growing  wood  and  timber  separately  from  the  land, 
and  such  parts  of  section  3,  chapter  75  of  the  Revised  Laws  as 
amended  by  section  3,  chapter  144,  Laws  of  1943,  and  chapter 
86  of  the  Laws  of  1947  as  require  the  owner  in  returning  his 
inventory  of  property  to  list  an  estimate  of  the  amount  and 


366  Chapters  296, 297  [1949 

kind  of  wood  and  timber  owned  by  him,  are  hereby  suspended 
during  the  time  this  act  is  in  effect. 

6.    Takes  Effect.     This  act  shall  take  effect  March  31,  1950. 
[Approved  July  26,  1949.] 


CHAPTER  296. 


AN  ACT  RELATIVE  TO  THE  POWERS  OF  THE  DIRECTOR  OF 
FISH  AND  GAME. 

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

1.  Fish  and  Game  Director.  Amend  chapter  243  of  the  Re- 
vised Laws  by  inserting  after  section  2  as  amended  by  chapter 
129  of  the  Laws  of  1947  the  following  new  section :  2-a. 
Closed  Season  on  Pheasants.  The  director,  with  the  approval 
of  the  commission,  shall  have  the  power  and  authority  to  close 
any  area  in  the  state  for  taking  pheasants  for  the  propagation 
of  such  game  birds.  In  case  the  director  shall  determine  to 
close  any  area  under  the  authority  of  this  section,  he  shall 
publish  notice  thereof  at  least  once  in  such  a  manner  as  will 
fairly  acquaint  the  residents  of  the  locality  affected  thereby 
of  the  provisions  of  such  closure.  Such  notice  shall  be  given 
at  least  two  weeks  prior  to  October  fifteen  in  any  year. 

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

[Approved  July  28,  1949.] 


CHAPTER  297. 
AN  ACT  RELATING  TO  THE  COVERING  OF  W^ELLS. 

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

1.  Abatement  of  Nuisances.  Amend  chapter  165  of  the 
Revised  Laws  by  adding  after  section  32  as  inserted  by  chapter 
133  of  the  Laws  of  1949  and  amended  by  chapter  261  of  the 
Laws  of  1949  the  following  new  subdivision: 


1949]  Chapter  298  367 

Wells 

33.  Definition.  The  term  "well"  as  used  in  this  sub- 
division shall  mean  any  artificially  made  hole  in  the  surface  of 
the  earth  (a)  which  is  more  than  four  feet  deep  and  (b)  which 
is  more  than  eight  inches  in  diameter  and  less  than  sixteen 
square  feet  in  area  at  the  top  and  (c)  the  sides  of  which  are 
steeper  than  a  sixty  degree  slope. 

34.  Fencing  or  Covering.  No  person  who  owns  or 
occupies  land  shall  knowingly  allow  any  well  which  is  within 
five  hundred  feet  of  a  dwelling  or  within  two  hundred  feet  of 
any  highway  to  remain  open  on  such  land,  unless  there  is 
around  such  a  well  a  substantial  fence  or  protection  at  least 
three  feet  high  so  constructed  that  no  child  can  crawl  through 
or  under  it.  Any  such  well  shall  be  deemed  to  be  open  unless 
it  is  protected  by  a  covering  strong  enough  to  hold  one  thou- 
sand pounds  and  secured  so  that  it  cannot  be  easily  removed 
by  children, 

35.  Nuisance.  Any  open  well  which  is  not  fenced  or 
protected  as  provided  in  section  27  is  hereby  declared  a 
nuisance  and  the  same  may  be  ordered  abated  by  any  court  of 
competent  jurisdiction  on  complaint  of  any  prosecuting  officer. 

36.  Penalty.  Whoever  violates  any  provision  of  this  sub- 
division shall  be  fined  not  more  than  five  hundred  dollars. 

2.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  298. 


AN  ACT  DIVIDING  MERRIMACK  COUNTY  INTO  COMMISSIONER 

DISTRICTS. 

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

1.  Merrimack  County.  Amend  the  first  paragraph  of 
section  14  of  chapter  45  of  the  Revised  Laws  as  amended  by 
section  1,  chapter  181  of  the  Laws  of  1945  by  striking  out  the 
word  "and"  in  the  fourth  line  and  inserting  in  place  thereof 
the  words,  Rockingham  and  Merrimack,  so  that  said  paragi-aph 


368  Chapter  299  [1949 

shall  read  as  follows:     14.     County   Commissioner  Districts. 

For  the  purposes  of  the  nomination  and  election  of  county  com- 
missioners in  the  counties  of  Hillsborough,  Belknap,  Sullivan, 
Coos,  Cheshire,  Rockingham  and  Merrimack,  said  counties 
shall  be  divided  into  the  following  districts: 

2.  Merrimack  Commissioner  Districts.  Amend  section  14 
of  chapter  45  of  the  Revised  Laws,  as  amended  by  section  2, 
chapter  181  of  the  Laws  of  1945,  by  adding  after  paragraph  VI 
the  following  new  paragraph:  VII.  Merrimack:  District  1. 
Concord;  District  2.  Andover,  Boscawen,  Canterbury,  Chiches- 
ter, Danbury,  Franklin,  Hill,  Loudon,  New  London,  Northfield, 
Salisbury,  Webster  and  Wilmot;  District  3.  Allenstown,  Bow, 
Bradford,  Dunbarton,  Epsom,  Henniker,  Hooksett,  Hopkinton, 
Newbury,  Pembroke,  Pittsfield,  Sutton  and  Warner. 

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

[Approved  July  28,  1949.] 


CHAPTER  299. 

AN  ACT  RELATING  TO  DISEASES  OF  DOMESTIC  ANIMALS. 

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

1.  Domestic  Animals  Indemnity.  Amend  section  57  of 
chapter  229  of  the  Revised  Laws  as  amended  by  section  1, 
chapter  137  of  the  Laws  of  1945  by  adding  at  the  end 
thereof  the  words,  provided,  however,  that  payment  shall 
not  be  paid  to  any  owner  of  bovine  animals  as  a  result  of 
any  subsequent  test  for  brucellosis,  if,  on  such  subsequent 
test,  ten  per  cent  or  more  herd  infection  is  revealed,  unless 
or  until  said  owner  makes  application  as  specified  under 
section  46-a  of  this  chapter  for  vaccination  of  all  bovine 
animals  owned  by  him  between  the  ages  of  six  and  eight 
months,  so  that  said  section  as  amended  shall  read  as  follows : 
57.  Payments.  The  state  shall  pay  the  owner,  after  he  has 
filed  such  certificate  or  certificates  as  the  commissioner  may 
direct,  one-third  of  the  appraised  value  on  all  horses  con- 
demned and  killed  and  for  all  bovine  animals  condemned 
and  killed  an  amount  not  to  exceed  fifty  dollars  for  a  grade 


1949]  Chapter  300  369 

animal  and  seventy-live  dollars  for  a  registered  pure  bred 
animal  providing  that  the  amount  received  from  salvage, 
from  the  federal  government,  and  from  the  state  shall  not 
exceed  the  appraised  value  thereof;  provided,  however,  that 
payment  shall  not  be  paid  to  any  owner  of  bovine  animals  as 
a  result  of  any  subsequent  test  for  brucellosis  if,  on  such  sub- 
sequent test,  ten  per  cent  or  more  herd  infection  is  revealed, 
unless  or  until  said  owner  makes  application  as  specified  under 
section  46-a  of  this  chapter  for  vaccination  of  all  bovine  animals 
owned  by  him  between  the  ages  of  six  and  eight  months. 

2.    Takes    Effect.     This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  300. 


AN  ACT  RELATIVE  TO  INDEMNITY  FOR  CONDEMNED  DOMESTIC 

ANIMALS. 

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

1.  Domestic  Animals;  Indemnity.  There  is  hereby  appro- 
priated the  sum  of  four  hundred  thousand  dollars  for  the  de- 
partment of  agriculture  for  use  in  eradicating  brucellosis 
(Bang's  disease),  and  for  indemnities  for  bovine  tuberculosis 
as  provided  for  in  chapter  229  of  the  Revised  Laws  as  amended 
by  section  1,  chapter  137  of  the  Laws  of  1945  and  as  amended 
by  an  act  passed  at  the  present  session  of  the  general  court. 
The  governor  with  the  advice  and  consent  of  the  council  shall 
draw  his  warrant  for  the  payment  from  the  funds  provided  by 
this  act  of  sums  due  or  expended  for  the  purposes  authorized 
hereunder. 

2.  Bonds  and  Notes  Authorized.  To  provide  funds  for  the 
appropriation  made  in  section  1  hereof,  the  state  treasurer  is 
hereby  authorized,  with  the  consent  of  the  governor  and  coun- 
cil, to  borrow  such  sums  as  are  needed  from  time  to  time,  not 
to  exceed  four  hundred  thousand  dollars,  upon  the  credit  of 
the  state,  and  for  that  purpose  may  issue  bonds  or  notes,  in 
the  name  and  on  behalf  of  the  state  of  New  Hampshire,  at  a 
rate  of  interest  to  be  determined  at  the  time  of  consent  to  the 


370  Chapter  301  [1949 

issue,  and  said  interest  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  governor  and  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  state. 

3.  Records  and  Accounts.  The  secretary  of  state  and  the 
state  treasurer  shall  keep  accounts  of  the  bonds  and  notes 
issued  under  the  provisions  of  section  2  as  they  are  required 
to  keep  for  the  bonds  and  notes  authorized  by  chapter  159  of 
the  Laws  of  1939.  The  treasurer  shall  negotiate  and  sell  such 
bonds  or  notes  in  the  same  manner  as  provided  in  said 
chapter  159. 

4.  Short-Time  Notes.  Prior  to  the  issuance  of  serial  bonds 
or  notes  hereunder  the  treasurer,  with  the  consent  of  the  gov- 
ernor and  council,  may  for  the  purposes  hereof  borrow  money 
from  time  to  time  on  short-time  loans  which  may  be  refunded 
by  the  issuance  of  bonds  or  notes  hereunder  provided,  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  four  hundred  thousand  dollars. 

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

[Approved  July  28,  1949.] 


CHAPTER  301. 


AN  ACT  TO  ESTABLISH  A  STANDARD  MILEAGE  TABLE  FOR  THE 
GENERAL  COURT. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Gene'Tul  Court  convened: 

1.  Standard  Mileage  Table.  Effective  beginning  with  the 
regular  1951  session  of  the  general  court  the  following  mileage 
table  shall  be  used  in  computing  the  mileage  allowances  of 
members.  The  distances  herein  set  forth  are  for  one-way 
trips  and  shall  be  multiplied  by  two  to  obtain  round-trip  dis- 
tances. 


1949]  Chapter  301  371 

Town  or  City  Ward  Standard  Mileage 

(oneway) 

Rockingham  County 

Atkinson  44 

Auburn   26 

Brentwood 41 

Candia  25 

Chester  32 

Danville 41 

Deerfield 23 

Derry   32 

East  Kingston 44 

Epping 36 

Exeter 45 

Fremont 36 

Greenland   53 

Hampstead  40 

Hampton 51 

Hampton  Falls 50 

Kensington 47 

Kingston 41 

Londonderry    29 

New  Castle 48 

Newfields 42 

Newington   43 

Newmarket   39 

Newton 46 

North  Hampton 50 

Northwood 19 

Nottingham    29 

Plaistow 46 

Portsmouth 

Ward  1 47 

Ward  2 48 

Ward  3 47 

Ward  4 48 

Ward  5 48 

Raymond  31 

Rye 52 

Salem 43 

Sandown   36 


372 


Chapter  301 


[1949 


Town  or  City  Ward  Standard  Mileage 

(oneway) 

Seabrook 52 

South  Hampton 47 

Stratham 47 

Windham  36 

Strafford  County 

Barrington 31 

Dover 

Ward  1 40 

Ward  2 40 

Ward  3 , 40 

Ward  4 40 

Ward  5 40 

Durham   36 

Farmington   43 

Lee   35 

Madbury   35 

Middleton   54 

Milton 46 

New  Durham    34 

Rochester 

Ward  1 40 

Ward  2 37 

Ward  3 37 

Ward  4 37 

Ward  5 37 

Ward  6 37 

Rollinsford   44 

Somersworth 

Ward  1   45 

Ward  2   45 

Ward  3   45 

Ward  4   45 

Ward  5   45 

Strafford 29 

Belknap  County 

Alton 31 

Barnstead   21 

Belmont   22 


1949]  Chapter  301  373 

Town  or  City  Ward  Standard  Mileage 

(oneway) 

Center  Harbor 43 

Gilford 32 

Gilmanton 23 

Laconia 

Ward  1 35 

Ward  2 29  " 

Ward  3 29 

Ward  4 29 

Ward  5 29 

Ward  6  (Lakeport)  31 

Meredith  38 

New  Hampton  37 

Sanbornton 24 

Tilton  20 

Carroll  County 

Albany 70 

Bartlett 91 

Brookfield  57 

Chatham 95 

Conway   81 

Eaton  76 

Effingham  67 

Freedom 70 

Hart's  Location 97 

Jackson 89 

Madison 66 

Moultonborough   48 

Ossipee 57 

Sandwich  51 

Tamworth  61 

Tuf tonboro  57 

.  Wakefield  55 

Wolf  eboro 46 

Merrimack  County 

Allenstown 10 

Andover 23 

Boscawen 10 

Bow  7 


374  Chapter  301  [1949 

Town  or  City  Ward  Standard  Mileage 

(oneway) 

Bradford 28 

Canterbury 13 

Chichester   11 

Concord 

Ward  1 8 

•       Ward  2 3 

Ward  3 3 

Ward  4  .  . 2 

Ward  5 2 

Ward  6 2 

Ward  7 4 

Ward  8 2 

Ward  9 3 

Danbury   33 

Dunbarton 10 

Epsom  13 

Franklin 

Ward  1 21 

Ward  2 21 

Ward  3 21 

Henniker 18 

Hill   25 

Hooksett  11 

Hopkinton   10 

Loudon 15 

Newbury  33 

New  London 36 

Northfield   19 

Pembroke   8 

Pittsfield  16 

Salisbury   17 

Sutton 34 

Warner 18 

Webster 17 

Wilmot 28 

Hillsborough  County 

■      Amherst  32 

Antrim   32 

Bedford 23 


1949]  Chapter  301  375 

Town  or  City  Ward  Standard  Mileage 

(oneway) 

Bennington  35 

Brookline  42 

Deering 29 

Francestown    31 

Goff stown  20 

Greenfield   42 

Greenville  47 

Hancock  '      40 

Hillsborough   25 

Hollis  42 

Hudson    39 

Litchfield    32 

Lyndeborough    47 

Manchester 

Ward    1 19 

Ward    2 19 

Ward    3 19 

Ward    4 20 

Ward    5 20 

Ward    6 21 

Ward    7 21 

Ward    8 21 

Ward    9 20 

Ward  10 21 

Ward  11 21 

Ward  12 21 

Ward  13 21 

Ward  14 21 

Mason 52 

Merrimack 31 

Milford  34 

Mont  Vernon 31 

Nashua 

Ward  1 37 

Ward  2 37 

Ward  3 39 

Ward  4 39 

Ward  5 39 

Ward  6 39 


376  Chapter  301  [1949 

Town  or  City  Ward  Standard  Mileage 

(oneway) 

Ward  7 39 

Ward  8 39 

Ward  9 39 

New  Boston 25 

New  Ipswich   53 

Pelham 40 

Peterborough  48 

Sharon 54 

Temple  50 

Weare   18 

Wilton   41 

Windsor  31 

Cheshire  County 

Alstead 62 

Chesterfield  66 

Dublin   56 

Fitzwilliam  68 

Gilsum   52 

Harrisville   55 

Hinsdale 73 

Jaffrey   56 

Keene 

Ward  1 54 

Ward  2 54 

Ward  3 52 

Ward  4 55 

Ward  5 52 

Marlborough    58 

Marlow 47 

Nelson   47 

Richmond   68 

Rindge 62 

Roxbury 55 

Stoddard   41 

Sullivan  48 

Surry 60 

Swanzey    59 

Troy    63 

Walpole  71 


1949] 


Chapter  301 


377 


?own  or  City  Ward  Standard  Mileage 

(oneway) 

Westmoreland 65 

Winchester 67 

Sullivan  County 

Acworth 56 

Charlestown   63 

Claremont 

Ward  1 53 

Ward  2 53 

Ward  3 53 

Cornish 62 

Croydon  50 

Goshen  52 

Grantham 58 

Langdon 64 

Lempster 54 

Newport 44 

Plainfield 71 

Springfield 45 

Sunapee 45 

Unity 60 

Washington  36 

Grafton  County 

Alexandria 39 

Ashland   51 

Bath   93 

Benton  93 

Bethlehem  95 

Bridgewater 37 

Bristol 33 

Campton 60 

Canaan 50 

Dorchester 59 

Easton   90 

Ellsworth 62 

Enfield   56 

Franconia 90 

Grafton   51 

Groton 44 


378  Chapter  301  [1949 

Town  or  City  Ward  Standard  Mileage 

(oneway) 

Hanover  69 

Haverhill   89 

Hebron  42 

Holderness   47 

Landaff 102 

Lebanon  63 

Lincoln •. 75 

Lisbon   99 

Littleton   100 

Lyman 103 

Lyme 80 

Monroe 98 

Orange   51 

Orford 90 

Piermont 94 

Plymouth • 52 

Rumney   52 

Thornton   .• 65 

Warren 62 

Waterville 72 

Wentworth 58 

Woodstock  69 

Coos  County 

Berlin 

Ward  1 120 

Ward  2 120 

Ward  3 120 

Ward  4 120 

Carroll  98 

Clarksville  • 163 

Columbia 145 

Colebrook 147 

Dalton    109 

Dummer    128 

Errol 143 

Gorham 109 

Jefferson  106 

Lancaster   Ill 

Milan   126 


1949]  Chapter  302  379 

Town  or  City  Ward  Standard  Mileage 

(one   way) 

Millsfield  153 

Northumberland 121 

Pittsburg 170 

Randolph 116 

Shelburne  116 

Stark  127 

Stewartstown 155 

Stratford 135 

Wentworth's  Location 157 

Whitefield   102 

2.     Takes  Eifect.     This  act  shall  take  effect  January  1,  1951. 
[Approved  July  28,  1949.] 


CHAPTER  302. 


AN  ACT  RELATING  TO  THE  NORTHEASTERN  INTERSTATE  FOREST 

FIRE  COMPACT. 

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

1.     New  Chapter.     Amend  the  Revised  Laws  by  inserting 
after  chapter  233  a  new  chapter  as  follows : 

Chapter  233-A. 
1.  Authorization.  The  governor  on  behalf  of  this  state 
is  hereby  authorized  to  enter  into  a  compact,  substantially  in 
the  following  form,  with  any  one  or  more  of  the  states  of  Con- 
necticut, Maine,  New  York,  Rhode  Island  and  Vermont  and  the 
commonwealth  of  Massachusetts  and  with  such  other  states  of 
the  United  States  or  provinces  of  the  Dominion  of  Canada  as 
may  legally  join  therein,  and  the  legislature  hereby  signifies  in 
advance  its  approval  and  ratification  of  such  compact  so  en- 
tered into,  such  approval  and  ratification  to  be  effective  upon 
the  filing  of  a  copy  of  such  compact  in  the  office  of  the  secretary 
of  state. 

Northeastern  Interstate  Forest  Fire  Protection  Compact. 

Article  I 

The  purpose  of  this  compact  is  to  promote  effective  pre- 
vention and  control  of  forest  fires  in  the  northeastern  region 


380  Chapter  302  [1949 

of  the  United  States  and  adjacent  areas  in  Canada  by  the 
development  of  integrated  forest  fire  plans,  by  the  maintenance 
of  adequate  forest  fire  fighting  services  by  the  member  states, 
by  providing  for  mutual  aid  in  fighting  forest  fires  among  the 
states  of  the  region  and  for  procedures  that  will  facilitate  such 
aid,  and  by  the  establishment  of  a  central  agency  to  coordinate 
the  services  of  member  states  and  perform  such  common 
services  as  member  states  may  deem  desirable. 

Article  II 

This  agi'eement  shall  become  operative  immediately  as  to 
those  states  ratifying  it  whenever  any  two  or  more  of  the 
states  of  Maine,  New  Hampshire,  Vermont,  Rhode  Island. 
Connecticut,  New  York  and  the  commonwealth  of  Massachu- 
setts have  ratified  it  and  the  congress  has  given  its  consent. 
Any  state  not  mentioned  in  this  article  which  is  contiguous 
with  any  member  state  may  become  a  party  to  this  compact. 
Subject  to  the  consent  of  the  congress  of  the  United  States, 
any  province  of  the  Dominion  of  Canada  which  is  contiguous 
with  any  member  state  may  become  a  party  to  this  compact  by 
taking  such  action  as  its  laws  and  the  laws  of  the  Dominion 
of  Canada  may  prescribe  for  ratification.  In  this  event,  the 
term  "state"  in  this  compact  shall  include  within  its  meaning 
the  term  "province"  and  the  procedures  prescribed  shall  be 
applied  in  the  instance  of  such  provinces,  in  accordance  with 
the  forms  and  practices  of  the  Canadian  government. 

Article  III 

Each  state  joining  herein  shall  appoint  three  representa- 
tives to  a  commission  hereby  designated  as  the  Northeastern 
Forest  Fire  Protection  Commission.  One  shall  be  the  state 
forester  or  officer  holding  an  equivalent  position  in  such  state 
who  is  responsible  for  forest  fire  control.  The  second  shall  be 
a  member  of  the  legislature  of  such  state  designated  by  the 
commission  or  committee  on  interstate  cooperation  of  such 
state,  or  if  there  be  none,  or  if  said  commission  on  interstate 
cooperation  cannot  constitutionally  designate  the  said  member, 
such  legislator  shall  be  designated  by  the  governor  thereof; 
provided  that  if  it  is  constitutionally  impossible  to  appoint  a 
legislator  as  a  commissioner  from  such  state,  the  second 
member  shall  be  appointed  by  the  governor  of  said  state  in  his 
discretion.     The  third  member  shall  be  a  person  designated  by 


1949]  Chapter  302  381 

the  governor  as  the  responsible  representative  of  the  governor. 
In  the  event  that  any  province  of  the  Dominion  of  Canada 
shall  become  a  member  of  this  commission,  it  shall  designate 
three  members  who  will  approximate  this  pattern  of  represen- 
tation to  the  extent  possible  under  the  law  and  practices  of 
such  province.  This  commission  shall  be  a  body  corporate 
with  the  powers  and  duties  set  forth  herein. 

Article  IV 

It  shall  be  the  duty  of  the  commission  to  make  inquiry  and 
ascertain  from  time  to  time  such  methods,  practices,  circum- 
stances and  conditions  as  may  be  disclosed  for  bringing  about 
the  prevention  and  control  of  forest  fires  in  the  area  com- 
prising the  member  states,  to  coordinate  the  forest  fire  plans 
and  the  work  of  the  appropriate  agencies  of  the  member  states 
and  to  facilitate  the  rendering  of  aid  by  the  member  states  to 
each  other  in  fighting  forest  fires. 

The  commission  shall  formulate  and,  in  accordance  with 
need,  from  time  to  time,  revise  a  regional  forest  fire  plan  for 
the  entire  region  covered  by  the  compact  which  shall  serve 
as  a  common  forest  fire  plan  for  that  area. 

The  commission  shall,  more  than  one  month  prior  to  any 
regular  meeting  of  the  legislature  in  any  signatory  state,  pre- 
sent to  the  governor  and  to  the  legislature  of  the  state  its 
recommendations  relating  to  enactments  to  be  made  by  the 
legislature  of  that  state  in  furthering  the  interests  and  pur- 
poses of  this  compact. 

The  commission  shall  consult  with  and  advise  the  appro- 
priate administrative  agencies  of  the  states  party  hereto  with 
regard  to  problems  connected  with  the  prevention  and  control 
of  forest  fires  and  recommend  the  adoption  of  such  regulations 
as  it  deems  advisable. 

The  commission  shall  have  power  to  recommend  to  the 
signatory  states  any  and  all  measures  that  will  effectuate  the 
prevention  and  control  of  forest  fires. 

Article  V 

Any  two  or  more  member  states  may  designate  the  North- 
eastern Forest  Fire  Protection  Commission  as  a  joint  agency 
to  maintain  such  common  services  as  those  states  deem  de- 
sirable for  the  prevention  and  control  of  forest  fires.  Except 
in  those  cases  where  all  member  states  join  in  such  desig- 


382  Chapter  302  [1949 

nation  for  common  services,  the  representatives  of  any  group 
of  such  designating  states  in  the  Northeastern  Forest  Fire 
Protection  Commission  shall  constitute  a  separate  section  of 
such  commission  for  the  performance  of  the  common  service 
or  services  so  designated,  provided  that,  if  any  additional  ex- 
pense is  involved,  the  states  so  acting  shall  appropriate  the 
necessary  funds  for  this  purpose.  The  creation  of  such  a 
section  as  a  joint  agency  shall  not  affect  the  privileges,  powers, 
responsibilities  or  duties  of  the  states  participating  therein  as 
embodied  in  the  other  articles  of  this  compact. 

Article  VI 

The  commission  may  request  the  United  States  forest 
service  to  act  as  the  primary  research  and  coordinating  agency 
of  the  Northeastern  Forest  Fire  Protection  Commission,  in  co- 
operation with  the  appropriate  agencies  in  each  state  and  the 
United  States  forest  service  may  accept  the  initial  responsi- 
bility in  preparing  and  presenting  to  the  commission  its  rec- 
ommendations with  respect  to  the  regional  fire  plan.  Repre- 
sentatives of  the  United  States  forest  service  may  attend 
meetings  of  the  commission  and  of  groups  of  member  states. 

Article  VII 

The  commission  shall  annually  elect  from  its  members  a 
chairman  and  a  vice-chairman.  The  commission  shall  appoint 
such  officers  or  employees  as  may  be  required  to  carry  the  pro- 
visions of  this  compact  into  effect,  shall  fix  and  determine  their 
duties,  qualifications  and  compensation,  and  may  at  its 
pleasure,  remove  or  discharge  any  such  officer  or  employee. 
The  commission  shall  adopt  rules  and  regulations  for  the  con- 
duct of  its  business.  It  may  establish  and  maintain  one  or 
more  offices  for  the  transaction  of  its  business  and  may  meet 
at  any  time  or  place  but  must  meet  at  least  once  a  year. 

A  majority  of  the  members  of  the  commission  represent- 
ing a  majority  of  the  signatory  states  shall  constitute  a 
quorum  for  the  transaction  of  its  general  business,  but  no 
action  of  the  commission  imposing  any  obligation  on  any 
signatory  state  shall  be  binding  unless  a  majority  of  the  mem- 
bers from  such  signatory  state  shall  have  voted  in  favor  there- 
of. For  the  purpose  of  conducting  its  general  business,  vot- 
ing shall  be  by  state  units. 


1949]  Chapter  302  383 

The  representatives  of  any  two  or  more  member  states, 
upon  notice  to  the  chairman  as  to  the  time  and  purpose  of  the 
meeting,  may  meet  as  a  section  for  the  discussion  of  problems 
common  to  those  states. 

Sections  established  by  groups  of  member  states  shall 
have  the  same  powers  with  respect  to  officers,  employees  and 
the  maintenance  of  offices  as  are  granted  by  this  article  to  the 
commission.  Sections  may  adopt  such  rules,  regulations  and 
procedures  as  may  be  necessary  for  the  conduct  of  their  busi- 
ness. 

Article  VIII 

It  shall  be  the  duty  of  each  member  state  to  formulate  and 
put  in  effect  a  forest  fire  plan  for  that  state  and  to  take  such 
measures  as  may  be  recommended  by  the  commission  to 
integrate  such  forest  fire  plan  with  the  regional  forest  fire 
plan. 

Whenever  the  state  forest  fire  control  agency  of  a  member 
state  requests  aid  from  the  state  forest  fire  control  agency  of 
any  other  member  state  in  combating,  controlling  or  pre- 
venting forest  fires,  it  shall  be  the  duty  of  the  state  forest  fire 
control  agency  of  that  state  to  render  all  possible  aid  to  the 
requesting  agency  which  is  consonant  with  the  maintenance  of 
protection  at  home. 

Each  signatory  state  agrees  to  render  aid  to  the  forest 
service  or  other  agencies  of  the  government  of  the  United 
States  in  combating,  controlling  or  preventing  forest  fires  in 
areas  under  their  jurisdiction  located  within  the  member  state 
or  a  contiguous  member  state. 

Article  IX 

Whenever  the  forces  of  any  member  state  are  rendering 
outside  aid  pursuant  to  the  request  of  another  member  state 
under  this  compact,  the  employees  of  such  state  shall,  under 
the  direction  of  the  officers  of  the  state  to  which  they  are 
rendering  aid,  have  the  same  powers  (except  the  power  of 
arrest),  duties,  rights,  privileges  and  immunities  as  com- 
parable employees  of  the  state  to  which  they  are  rendering  aid. 

No  member  state  or  its  officers  or  employees  rendering 
outside  aid  pursuant  to  this  compact  shall  be  liable  on  account 
of  any  act  or  omission  on  the  part  of  such  forces  while  so  en- 
gaged, or  on  account  of  the  maintenance  or  use  of  any  equip- 
ment or  supplies  in  connection  therewith. 


384  Chapter  302  [1949 

All  liability  that  may  arise  either  under  the  laws  of  the 
requesting  state  or  under  the  laws  of  the  aiding  state  or  under 
the  laws  of  a  third  state  on  account  of  or  in  connection  with  a 
request  for  aid,  shall  be  assumed  and  borne  by  the  requesting 
state. 

Any  member  state  rendering  outside  aid  pursuant  to  this 
compact  shall  be  reimbursed  by  the  member  state  receiving 
such  aid  for  any  loss  or  damage  to,  or  expense  incurred  in  the 
operation  of  any  equipment  answering  a  request  for  aid,  and 
for  the  cost  of  all  materials,  transportation,  wages,  salaries, 
and  maintenance  of  employees  and  equipment  incurred  in 
connection  with  such  request.  Provided,  that  nothing  herein 
contained  shall  prevent  any  assisting  member  state  from 
assuming  such  loss,  damage,  expense  or  other  cost  or  from 
loaning  such  equipment  or  from  donating  such  services  to  the 
receiving  member  state  without  charge  or  cost. 

Each  member  state  shall  provide  for  the  payment  of  com- 
pensation and  death  benefits  to  injured  employees  and  the 
representatives  of  deceased  employes  in  case  employees  sustain 
injuries  or  are  killed  while  rendering  outside  aid  pursuant  to 
this  compact,  in  the  same  manner  and  on  the  same  terms  as  if 
the  injury  or  death  were  sustained  within  such  state. 

For  the  purposes  of  this  compact  the  term  employee  shall 
include  any  volunteer  or  auxiliary  legally  included  within  the 
forest  fire  fighting  forces  of  the  aiding  state  under  the  laws 
thereof. 

The  commission  shall  formulate  procedures  for  claims  and 
reimbursement  under  the  provisions  of  this  article. 

Aid  by  a  member  state  to  an  area  subject  to  federal  juris- 
diction beyond  the  borders  of  such  state  shall  not  be  required 
under  this  compact  unless  substantially  the  same  provisions  of 
this  article  relative  to  powers,  liabilities,  losses  and  expenses 
in  connection  with  such  aid  are  embodied  in  federal  laws. 

Article  X 

When  appropriations  for  the  support  of  this  commission 
or  for  the  support  of  common  services  maintained  by  the 
commission  or  a  section  thereof  under  the  provisions  of 
article  V  are  necessary,  the  commission  or  section  thereof 
shall  allocate  the  costs  among  the  states  affected  with  con- 
sideration of  the  amounts  of  forested  land  in  those  states  that 
will  receive  protection  from  the  service  to  be  rendered  and  the 


1949]  Chapter  302  385 

extent  of  the  forest  fire  problem  involved  in  each  state,  and 
shall  submit  its  recommendations  accordingly  to  the  legis- 
latures of  the  affected  states. 

The  commission  shall  submit  to  the  governor  of  each  state, 
at  such  time  as  he  may  request,  a  budget  of  its  estimated  ex- 
penditures for  such  period  as  may  be  required  by  the  laws  of 
such  state  for  presentation  to  the  legislature  thereof. 

The  commission  shall  keep  accurate  books  of  account, 
showing  in  full  its  receipts  and  disbursements,  and  said  books 
of  account  shall  be  open  at  any  reasonable  time  to  the  in- 
spection of  such  representatives  of  the  respective  signatory 
states  as  may  be  duly  constituted  for  that  purpose. 

On  or  before  the  first  day  of  December  of  each  year,  the 
commission  shall  submit  to  the  respective  governors  of  the 
signatory  states  a  full  and  complete  report  of  its  activities  for 
the  preceding  year. 

Article  XI 

The  representatives  from  any  member  state  may  appoint 
and  consult  with  an  advisory  committee  composed  of  persons 
interested  in  forest  fire  protection. 

The  commission  may  appoint  and  consult  with  an  advisory 
committee  of  representatives  of  all  affected  groups,  private  and 
governmental. 

Article  XII 

The  commission  may  accept  any  and  all  donations,  gifts 
and  grants  of  money,  equipment,  supplies,  materials  and 
services  from  the  federal  or  any  local  government,  or  any 
agency  thereof  and  from  any  person,  firm  or  corporation,  for 
any  of  its  purposes  and  functions  under  this  compact,  and  may 
receive  and  utilize  the  same  subject  to  the  terms,  conditions 
and  regulations  governing  such  donations,  gifts  and  grants. 

Article  XIII 

Nothing  in  this  compact  shall  be  construed  to  authorize  or 
permit  any  member  state  to  curtail  or  diminish  its  forest  fire- 
fighting  forces,  equipment,  services  or  facilities,  and  it  shall 
be  the  duty  and  responsibility  of  each  member  state  to  main- 
tain adequate  forest  fire-fighting  forces  and  equipment  to  meet 
normal  demands  for  forest  fire  protection  within  its  borders. 


386  Chapter  302  [1949 

Nothing  in  this  compact  shall  be  construed  to  limit  or  re- 
strict the  powers  of  any  state  ratifying  the  same  to  provide 
for  the  prevention,  control  and  extinguishment  of  forest  fires, 
or  to  prohibit  the  enactment  or  enforcement  of  state  laws, 
rules  or  regulations  intended  to  aid  in  such  prevention,  control 
and  extinguishment  in  such  state. 

Nothing  in  this  compact  shall  be  construed  to  affect  any 
existing  or  future  cooperative  relationship  or  arrangement  be- 
tween the  United  States  forest  service  and  a  member  state  or 
states. 

Article  XIV 

This  compact  shall  continue  in  force  and  remain  binding  on 
each  state  ratifying  it  until  the  legislature  or  the  governor  of 
such  state  takes  action  to  withdraw  therefrom.  Such  action 
shall  not  be  effective  until  six  months  after  notice  thereof  has 
been  sent  by  the  chief  executive  of  the  state  desiring  to  with- 
draw to  the  chief  executives  of  all  states  then  parties  to  the 
compact. 

2.  When  Effective.  When  the  governor  shall  have 
executed  said  compact  on  behalf  of  this  state  and  caused  a 
certified  copy  thereof  to  be  filed  in  the  oflfice  of  the  secretary  of 
state,  as  required  by  section  1  and  said  compact  shall  have  been 
ratified  by  one  or  more  of  the  states  named  in  article  II  there- 
of in  accordance  with  the  constitution  of  such  state  or  states 
of  the  United  States  or  provinces  of  the  Dominion  of  Canada, 
in  accordance  with  the  laws  of  Canada,  then  said  compact  shall 
become  operative  and  effective  as  between  this  state  and  such 
other  state  or  states  of  the  United  States  or  provinces  of  the 
Dominion  of  Canada.  The  governor  is  hereby  authorized  and 
directed,  upon  the  execution  of  said  compact  by  him  and  filing 
of  the  required  copy  thereof  in  the  office  of  the  secretary  of 
state,  to  notify  forthwith  the  governors  of  the  said  named 
states  and  the  President  of  the  United  States,  that  the  state 
on  its  part  has  ratified  said  compact;  or  in  the  instance  of  a 
province  of  the  Dominion  of  Canada  the  proper  officials  of  that 
province  and  that  dominion  through  the  United  States  secre- 
tary of  state.  The  original  notice  of  ratification  received  from 
the  governor  or  other  duly  authorized  official  of  any  state  or 
province  joining  in  said  compact  shall  be  filed  with  the  official 
copy  of  said  compact  in  the  office  of  the  secretary  of  state,  and 
such  notice,  if  any,  as  may  be  received  from  the  President  or 


1949J  Chapter  302  387 

the  Congress  of  the  United  States,  signifying  the  consent  of 
the  congress  to  said  compact,  shall  be  filed  in  the  same  manner. 

3.  Commission.  After  the  aforesaid  compact  shall  be- 
come operative  and  effective  as  provided  for  in  section  2,  the 
governor  with  the  advice  and  consent  of  the  council  shall 
appoint  three  members  hereinafter  called  commissioners  of  the 
Northeastern  Forest  Fire  Protection  Commission.  One  of 
such  commissioners  shall  always  be  the  state  forester,  the 
second  shall  be  a  member  of  the  legislature  and  the  third  shall 
be  a  citizen  of  the  state  designated  by  the  governor  as  his 
responsible  representative  to  serve  at  the  pleasure  of  the 
governor. 

4.  Compensation  of  Commissioners.  The  commissioners 
shall  serve  without  compensation  but  shall  be  reimbursed  for 
their  actual  expenses  incurred  in  the  performance  of  their 
duties. 

5.  Report  of  Commissioners.  The  commissioners  on  the 
part  of  the  state  shall  keep  accurate  accounts  of  all  receipts  and 
disbursements  and  shall  report  to  the  governor  on  or  before 
the  seventh  day  of  January  annually,  setting  forth  in  detail  the 
transactions  of  the  commission  during  the  preceding  calendar 
year,  and  shall  include  in  said  report  recommendations  for  any 
legislative  action  that  the  commission  deems  advisable,  includ- 
ing such  amendments  or  additions  to  the  laws  of  the  state  as 
may  be  necessary  or  desirable  to  carry  out  the  intent  and  pur- 
poses of  the  northeastern  interstate  forest  fire  protection  com- 
pact. 

6.  Powers.  There  is  hereby  granted  to  the  commission 
and  the  commissioners  thereof  all  the  powers  provided  for  in 
the  said  compact  and  all  the  powers  necessary  or  incidental  to 
the  carrying  out  of  said  compact  in  every  particular.  All 
officers  of  the  state  of  New  Hampshire  are  hereby  authorized 
and  directed  to  do  all  things  falling  within  their  respective 
provinces  and  jurisdiction  necessary  or  incidental  to  the  carry- 
ing out  of  said  compact  in  every  particular ;  it  being  hereby  de- 
clai'ed  to  be  the  policy  of  the  state  of  New  Hampshire  to  per- 
form and  carry  out  the  said  compact  and  to  accomplish  the 
purposes  thereof  and  to  execute  a  compact  on  behalf  of  the 
state  of  New  Hampshire  with  any  one  or  more  of  the  states  of 
Maine,  Vermont,  Connecticut,  Rhode  Island  and  New  York  and 
the   commonwealth   of  Massachusetts   and   with   such   other 


388  Chapter  302  [1949 

states  of  the  United  States  or  provinces  of  the  Dominion  of 
Canada  as  may  legally  join  therein.  All  officers,  bureaus,  de- 
partments and  persons  of  and  in  the  state  government  or 
administration  of  the  state  of  New  Hampshire  are  hereby 
authorized  and  directed  at  convenient  times  and  upon  request 
of  the  said  commission  to  furnish  the  said  commission  with 
information  and  data  possessed  by  them  or  any  of  them  and  to 
aid  said  commission  by  any  means  lying  within  their  legal 
rights  respectively. 

7.  Payment  by  State.  Upon  recommendation  of  the  state 
forester,  and  upon  warrant  of  the  governor  with  the  approval 
of  the  council  the  state  treasurer  shall  pay  out  of  any  money 
in  the  treasury  not  otherwise  appropriated  to  any  state  giving 
aid  within  the  state  under  this  chapter,  such  sums  as  shall  be 
due  under  the  terms  of  this  chapter. 

8.  Reimbursement  by  Towns.  Each  town  receiving  aid 
under  the  provisions  of  this  chapter  shall  reimburse  the  state 
for  payments  made  by  the  state  under  section  7  in  the  same 
proportion  and  to  the  same  extent  that  such  town  would  be 
required  under  chapter  233  of  the  Revised  Laws  to  bear  such 
expense  if  it  had  been  incurred  within  the  state. 

9.  Reimbursement  Procedure.  When  the  state  has  made 
any  payment  under  section  7,  the  state  forester  shall,  in  writ- 
ing, notify  all  towns  involved,  of  the  amount  of  their  liability 
as  provided  in  section  8,  and  within  sixty  days  of  the  receipt 
of  such  notice,  the  respective  towns  shall  remit  the  amount  due 
to  the  state  treasurer. 

10.  Distribution  to  Towns.  When  the  state  receives  pay- 
ment from  another  state  for  aid  given  by  towns  under  the  pro- 
visions of  this  chapter,  the  state  forester  shall  advise  the  state 
treasurer  the  amount  due  each  town  involved,  and  the  state 
treasurer  shall  distribute  the  amounts  due,  to  the  respective 
towns.  The  governor  is  hereby  authorized  to  draw  his 
warrant  for  the  respective  amounts  due. 

2.  Appropriation.  The  sum  of  five  hundred  dollars  is  here- 
by appropriated  for  the  fiscal  year  ending  June  30,  1950  and  a 
like  sum  for  the  fiscal  year  ending  June  30,  1951,  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  chapter  and  the 
governor  is  hereby  authorized  to  draw  his  warrant  for  said 
sums  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 


1949]  Chapter  303  389 

3.     Takes   Efifect.      This    act   shall   take    effect   upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  303. 

AN  ACT  RELATING  TO  THE  PORTSMOUTH-SEABROOK  TOLL  ROAD. 

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

1.  Additional  Funds.  Amend  section  4  of  chapter  295  of 
the  Laws  of  1947  by  striking  out  in  the  first  and  second  lines 
thereof  the  words  and  figures  "seven  million  five  hundred  thou- 
sand dollars  ($7,500,000)"  and  inserting  in  place  thereof  the 
words  and  figures,  seven  million  eight  hundred  thousand 
dollars  ($7,800,000),  so  that  said  section  as  amended  shall  read 
as  follows :  4.  Funds  Provided.  A  sum  not  exceeding  seven 
million  eight  hundred  thousand  dollars  ($7,800,000)  is  hereby 
raised  as  hereinafter  provided  for  the  purposes  of  carrying 
into  effect  the  provisions  of  this  act. 

2.  Bond  Issue.  Amend  section  5  of  chapter  295  of  the 
Laws  of  1947  by  striking  out  in  the  third  and  fourth  lines 
thereof  the  words  and  figures  "seven  million  five  hundred  thou- 
sand dollars  ($7,500,000)"  and  inserting  in  place  thereof  the 
words  and  figures,  seven  million  eight  hundred  thousand 
dollars  ($7,800,000),  so  that  said  section  as  amended  shall  read 
as  follows:  5.  Borrowing  Power.  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  seven  million  eight  hundred  thousand  dollars 
($7,800,000)  for  the  purpose  of  carrying  into  effect  the  pro- 
visions of  this  act  and  for  that  purpose  may  issue  bonds  in  the 
name  and  on  behalf  of  the  state  of  New  Hampshire  at  a  rate  of 
interest  to  be  determined  by  the  governor  and  council. 

The  maturity  dates  of  such  bonds  shall  be  determined  by 
the  governor  and  council  but  in  no  case  shall  they  be  later  than 
thirty  years  from  the  date  of  issue  and  may  be  redeemable  be- 
fore maturity  at  the  option  of  the  governor  and  council  at  such 
price  or  prices  and  under  such  terms  and  conditions  as  may  be 
fixed  by  the  governor  and  council  prior  to  the  issuance  of  the 


390  Chapter  303  [1949 

bonds.  Such  bonds  shall  contain  an  express  griarantee  which 
shall  be  deemed  a  contract  on  the  part  of  the  state  that  tolls 
will  be  collected  in  accordance  with  the  provisions  of  this  act 
until  the  date  of  maturity  of  said  bonds  or  until  sufficient 
money  shall  have  accumulated  to  pay  said  bonds  and  the  in- 
terest thereon  at  dates  of  maturity.  The  bonds  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  showing  the  number  and  amount  of  each,  the  time  of 
countersigning,  the  date  of  delivery  to  the  treasurer,  and  the 
date  of  maturity. 

The  state  treasurer  shall  keep  an  account  of  each  bond 
showing  the  number  thereof,  the  name  of  the  person  to  whom 
sold,  the  amount  received  from  the  same,  the  date  of  the  sale 
and  the  date  of  maturity. 

3.  Limited  Access  Exemption.  Amend  section  10  of  chap- 
ter 295  of  the  Laws  of  1947  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  10.  Definition.  Said 
highway  shall  be  a  limited  access  highway  as  defined  in  part  7, 
chapter  90  of  the  Revised  Laws  as  amended  by  chapter  188, 
Laws  of  1945,  between  the  Massachusetts  state  line  and  the 
northeasterly  side  fine  of  Woodbury  avenue  in  the  city  of  Ports- 
mouth, and  all  the  provisions  thereof  shall  apply  thereto  except 
the  transfer  of  the  entrance  of  an  existing  facility  adjacent 
to  Woodbury  avenue  from  the  northwesterly  side  of  the  toll 
road  to  the  southeasterly  side  of  the  same. 

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

[Approved  July  28,  1949.] 


1949]  Chapter  304  391 

CHAPTER  304. 

AN  ACT  RELATING  TO  THE  ESTABLISHMENT  OF  A  CIVIL  DEFENSE 

AGENCY  AND  PROVIDING  FOR  MILITARY  DEFENSE  OF 

INTERSTATE  BRIDGES,  ETC. 

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

1.  Purpose.  Because  of  the  possibility  of  the  occurrence  of 
disaster  resulting  from  enemy  attack,  sabotage,  or  other 
hostile  action,  or  from  fire,  flood,  hurricane,  earthquake,  or 
other  natural  causes,  and  in  order  that  the  state  of  New  Hamp- 
shire will  be  adequately  prepared  to  cope  with  such  disaster; 
and,  generally,  in  order  to  provide  for  the  common  defense  and 
to  preserve  the  lives  and  the  property  of  the  people  of  the  state, 
a  state  civil  defense  agency  is  hereby  created ;  the  emergency 
powers  provided  herein  are  conferred  upon  the  governor  and 
upon  the  executive  heads  or  governing  bodies  of  the  state ;  the 
creation  of  local  organizations  for  civil  defense  in  the  political 
subdivisions  of  the  state  is  authorized ;  and  provision  is  made 
for  the  rendering  of  mutual  aid  among  the  political  subdivisions 
of  the  state ;  and  between  this  and  other  states  with  respect  to 
the  carrying  out  of  civil  defense  functions. 

2.  Definitions.  As  used  herein  the  following  words  shall 
have  meanings  as  indicated : 

I.  "Civil  defense"  shall  mean  the  preparation  for  and  the 
carrying  out  of  all  emergency  functions,  other  than  functions 
for  which  military  forces  are  primarily  responsible,  to  mini- 
mize and  repair  injury  and  damage  resulting  from  disaster 
caused  by  enemy  attack,  sabotage  or  other  hostile  action;  or 
by  fire,  flood,  hurricane,  earthquake,  or  other  natural  causes. 
These  functions  include,  without  limitation,  fire  fighting 
services,  police  services,  medical  and  health  services,  rescue, 
engineering,  air  raid  warning  services,  communications,  radio- 
logical, chemical  and  other  special  weapons  defense,  evacuation 
of  persons  from  stricken  areas,  emergency  welfare  services  and 
civilian  war  aid  in  general,  emergency  transportation,  existing 
or  properly  assigned  functions  of  plant  protection,  temporary 
restoration  of  public  utility  services,  and  other  functions  re- 
lated to  civilian  protection,  together  with  all  other  activities 
necessary  or  incidental  to  the  preparation  for  and  carrying  out 
of  the  foregoing  functions. 


392  Chapter  304  [1949 

II.  "Local  organization  for  civil  defense"  shall  mean  an 
organization  created  in  accordance  with  the  provisions  hereof, 
by  state  or  local  authority  to  perform  local  civil  defense 
functions. 

III.  "Mobile  reserve  battalion"  shall  mean  an  organi- 
zation for  civil  defense  created  in  accordance  with  the  pro- 
visions hereof  by  state  or  local  authority  and  intended  to  be 
dispatched  to  supplement  local  organizations  for  civil  defense 
in  a  stricken  area. 

IV.  "Political  subdivision"  shall  mean  cities,  towns,  and 
duly  established  village  precincts. 

3.  State  Civil  Defense  Agency.  There  is  hereby  created  a 
division  of  civil  defense  (hereinafter  called  the  state  civil  de- 
fense agency)  and  a  state  director  of  civil  defense  (hereinafter 
called  the  state  director).  The  governor  with  the  advice  and 
consent  of  the  council,  shall  appoint  a  state  director  to  serve 
during  their  pleasure.  The  said  state  director  may  employ  such 
necessary  technical,  clerical,  stenographic  and  other  personnel, 
fix  their  compensation,  and  may  make  such  necessary  ex- 
penditures from  state  or  federal  funds  as  are  or  may  be  made 
available  to  him  for  purposes  of  civil  defense.  The  state 
director  and  other  personnel  of  the  civil  defense  agency  shall 
be  provided  with  appropriate  office  space,  furniture,  equipment, 
supplies,  stationery  and  printing,  and  funds  for  traveling  and 
related  expenses,  in  the  same  manner  as  provided  for  personnel 
of  other  state  agencies.  The  state  director,  subject  to  the 
direction  of  the  governor,  shall  be.  the  executive  head  of  the 
civil  defense  agency  and  shall  be  responsible  to  the  governor 
for  carrying  out  the  program  for  civil  defense  of  the  state.  He 
shall  coordinate  the  activities  of  all  organizations  for  civil  de- 
fense within  the  state,  state  and  local,  and  shall  maintain 
liason  with  and  cooperate  with  civil  defense  agencies  and 
organizations  of  other  states  and  of  the  federal  government, 
and  shall  have  such  additional  authority,  duties,  and  responsi- 
bilities authorized  by  this  act  as  may  be  prescribed  by  the 
governor. 

4.  Ovil  Defense  Advisory  Council.  There  is  hereby 
created  a  civil  defense  advisory  council  (hereinafter  called  the 
"council"),  consisting  of  the  following  members  who  shall 
serve  ex  officio:  the  governor,  the  president  of  the  senate,  the 
speaker  of  the  house  of  representatives,  the  attorney  general 


1949]  Chapter  304  393 

and  the  state  director  of  civil  defense,  who  shall  constitute  an 
executive  committee  of  the  council;  one  member  each  repre- 
senting labor,  industry,  agriculture,  and  one  member-at-large 
from  each  county,  who  shall  be  appointed  by  the  governor 
with  the  advice  and  consent  of  the  executive  council.  The 
governor  shall  serve  as  chairman  and  the  president  of  the 
senate  and  the  speaker  of  the  house  of  representatives  each  as 
vice-chairmen.  The  members  of  the  council  shall  serve  with- 
out compensation,  but  may  be  reimbursed  for  reasonable  and 
necessary  expenses  incurred  in  the  performance  of  their 
duties.  The  council  shall  advise  the  governor  and  the  state 
director  on  all  matters  pertaining  to  civil  defense. 

5.  Civil  Defense  Powers  of  the  Governor.  The  governor 
shall  have  general  direction  and  control  of  the  civil  defense 
agency,  and  shall  be  responsible  for  the  carrying  out  of  the 
provisions  of  this  act  and,  in  the  event  of  disaster  beyond  local 
control,  may  assume  direct  operational  control  over  all  or  any 
part  of  the  civil  defense  functions  within  this  state.  In  per- 
forming his  duties  hereunder,  the  governor  is  authorized  to 
cooperate  with  the  federal  government,  with  other  states,  and 
with  private  agencies  in  all  matters  pertaining  to  the  civil 
defense  of  this  state  and  of  the  nation,  and  is  further  author- 
ized and  empowered: 

I.  To  make,  amend,  and  rescind  necessary  orders,  rules, 
and  regulations  to  carry  out  the  provisions  hereof  within  the 
limits  of  the  authority  conferred  upon  him  herein. 

II.  To  prepare  a  comprehensive  plan  and  program  for  the 
civil  defense  of  this  state,  such  plan  and  program  to  be  in- 
tegrated into  and  coordinated  with  the  civil  defense  plans  of 
the  federal  government  and  of  other  states  to  the  greatest 
possible  extent,  and  to  coordinate  the  preparation  of  plans  and 
programs  for  civil  defense  by  the  political  subdivisions  of  this 
state,  such  plans  to  be  integrated  into  and  coordinated  with  the 
civil  defense  plan  and  progi^am  of  this  state  to  the  greatest 
possible  extent. 

III.  In  accordance  with  such  plan  and  program  for  the 
civil  defense  of  this  state,  to  procure  supplies  and  equipment, 
to  institute  training  programs  and  public  information  pro- 
grams, and  to  take  all  other  preparatory  steps  including  the 
partial  or  full  mobilization  of  civil  defense  organizations  in 
advance  of  actual  disaster,  to  insure  the  furnishing  of  ade- 


394  Chapter  304  [1949 

quately-trained  and  equipped  forces  of  civil  defense  personnel 
in  time  of  need. 

IV.  To  make  such  studies  and  surveys  of  industries,  re- 
sources, and  facilities  in  the  state  as  may  be  necessary  to  ascer- 
tain the  capabilities  of  the  state  for  civil  defense,  and  to  plan 
for  the  most  efficient  emergency  use  thereof. 

V.  On  behalf  of  the  state,  to  enter  into  mutual  aid 
arrangements  with  other  states  and  to  coordinate  mutual  aid 
plans  between  political  subdivisions  of  the  state. 

VI.  To  delegate  to  the  state  director  any  administrative 
authority  vested  in  the  governor  hereunder,  and  to  authorize 
for  the  subdelegation  of  any  such  authority. 

VII.  To  appoint,  in  cooperation  with  local  authorities, 
regional  area  directors  when  necessary  and  practicable. 

6.  Mobile  Reserve  Battalions.  Subject  to  the  approval  of 
the  governor,  and  with  due  consideration  of  the  plans  of  the 
federal  government  and  of  other  states,  the  state  director  is 
authorized  to  create  and  establish  such  number  of  mobile  re- 
serve battalions  as  may  be  necessary  to  reinforce  civil  defense 
organizations  in  stricken  areas  in  this  and  other  states.  He 
shall  appoint  a  commander  for  each  such  battalion  who  shall 
be  responsible  for  the  organization,  administration  and 
operation  of  such  battalion.  Mobile  resei'\^e  battalions  shall 
be  called  to  duty  upon  orders  of  the  governor  and  shall  perform 
their  functions  in  any  part  of  the  state,  or,  under  the  condi- 
tions specified  in  this  section,  in  other  states.  Personnel  of 
mobile  reserve  battalions  while  on  duty,  whether  within  or 
without  the  state,  shall : 

I.  If  they  are  employees  of  the  state,  have  the  powers, 
duties,  rights,  privileges  and  receive  the  compensation  in- 
cidental to  their  employment; 

II.  If  they  are  employees  of  a  political  subdivision  of  the 
state,  whether  serving  within  or  without  such  political  sub- 
division, have  the  powers,  duties,  rights,  privileges  and  im- 
munities and  receive  the  compensation  incidental  to  their  em- 
ployment ;  and 

III.  If  they  are  not  employees  of  the  state  or  a  political 
subdivision  thereof,  be  entitled  to  compensation  by  the  state  at 
the  same  rates  of  daily  pay,  and  allowances,  as  are  allowed 
grand  and  petit  jurors  under  the  provisions  of  section  26,  of 
chapter  375,  Revised  Laws,  as  amended,  and  to  the  same  rights 


1949]  Chapter  304  395 

as  to  compensation  for  injuries  as  are  provided  by  law  for 
the  employees  of  this  state.  The  personnel  of  mobile  reserve 
battalions  shall,  while  on  duty,  be  subject  to  the  operational 
control  of  the  authority  in  charge  of  civil  defense  activities  in 
the  area  in  which  they  are  serving,  and  shall  be  reimbursed 
for  all  actual  travel  and  subsistence  expenses  incurred  under 
orders  issued  by  the  state  director.  The  state  shall  reimburse 
a  political  subdivision  for  the  compensation  paid  and  actual  and 
necessary  travel,  subsistence  and  maintenance  expenses  of  em- 
ployees of  such  political  subdivision  while  serving  under  orders 
issued  by  the  state  director  as  members  of  a  mobile  reserve 
battalion,  and  for  all  losses  of  or  damage  to  supplies  and  equip- 
ment of  such  political  subdivision  resulting  from  the  operation 
of  such  mobile  reserve  battalion.  Whenever  a  mobile  reserve 
battalion  of  another  state  shall  render  aid  in  the  state  of  New 
Hampshire  pursuant  to  the  orders  of  the  governor  of  its  home 
state  and  upon  the  request  of  the  governor  of  this  state,  this 
state  shall  reimburse  such  other  state  for  the  compensation 
paid  and  actual  and  necessary  travel,  subsistence  and  mainte- 
nance expenses  of  the  personnel  of  such  mobile  reserve 
battalion  while  rendering  such  aid,  and  for  all  losses  of  or 
damage  to  supplies  and  equipment  of  such  other  state  or  a 
political  subdivision  thereof  resulting  from  the  rendering  of 
such  aid;  provided,  that  the  laws  of  such  other  state  contain 
provisions  substantially  similar  to  those  recited  in  this  section. 
No  personnel  of  mobile  reserve  battalions  of  this  state  shall  be 
ordered  by  the  governor  to  operate  in  any  other  state  unless 
the  laws  of  such  other  state  contain  provisions  substantially 
similar  to  this  section. 

7.  Local  Organization  for  Civil  Defense.  Each  political 
subdivision  of  the  state  is  authorized  to  establish  a  local  organ- 
ization for  civil  defense  in  accordance  with  the  state  civil  de- 
fense plan  and  program.  Each  local  organization  for  civil 
defense  shall  have  a  local  director  who  shall  be  appointed  by 
the  city  councils  of  a  city  or  board  of  selectmen  of  a  town,  and 
who  shall  have  direct  responsibility  for  the  organization, 
administration  and  operation  of  such  local  organization  for 
civil  defense,  subject  to  the  direction  and  control  of  such  city 
council  or  selectmen.  Each  local  organization  for  civil  defense 
shall  perform  civil  defense  functions  within  the  territorial 
limits  of  the  political  subdivision  within  which  it  is  organized, 


396  Chapter  304  [1949 

and,  in  addition,  shall  conduct  such  functions  outside  of  such 
territorial  limits  as  may  be  required  pursuant  to  the  provisions 
of  section  8  of  this  act.  In  carrying  out  the  provisions  hereof 
each  political  subdivision,  in  which  any  disaster  as  described 
in  section  2  hereof  occurs,  shall  have  the  power  to  enter  into 
contracts  and  incur  obligations  necessary  to  combat  such  dis- 
aster, protecting  the  health  and  safety  of  persons  and  property, 
and  providing  emergency  assistance  to  the  victims  of  such  dis- 
aster. 

8.  Mutual  Aid  An-angements.  The  local  director  of  each 
local  organization  for  civil  defense  may,  with  the  approval  of 
the  state  director,  and  in  collaboration  with  other  public  and 
private  agencies  within  this  state,  develop  or  cause  to  be 
developed  mutual  aid  arrangements  for  reciprocal  civil  de- 
fense aid  and  assistance  in  case  of  disaster  too  great  to  be 
dealt  with  unassisted.  Such  arrangements  shall  be  consistent 
with  the  state  civil  defense  plan  and  program,  and  in  time  of 
emergency  it  shall  be  the  duty  of  each  local  organization  for 
civil  defense  to  render  assistance  in  accordance  with  the  pro- 
visions of  such  mutual  aid  arrangements.  The  local  director 
of  each  local  organization  for  civil  defense  may,  subject  to  the 
approval  of  the  state  director,  enter  into  mutual  aid  arrange- 
ments with  civil  defense  agencies  or  organizations  in  other 
states  for  reciprocal  civil  defense  aid  and  assistance  in  case  of 
disaster  too  great  to  be  dealt  with  unassisted. 

9.  Immunity.  Neither  the  state  nor  any  political  sub- 
division thereof,  nor  other  agencies,  nor  the  agents,  employees, 
or  representatives  of  any  of  them,  engaged  in  any  civil  defense 
activities,  while  complying  herewith  or  attempting  to  comply 
herewith  or  with  any  rule  or  regulation  promulgated  pursuant 
to  the  provisions  hereof,  shall  be  liable  for  the  death  of  or  any 
injury  to  persons,  or  damage  to  property,  as  a  result  of  such 
activity,  provided,  however,  that  such  immunity  shall  apply  to 
such  agents,  employees,  or  representatives  only  when  they  are 
acting  in  good  faith  and  not  wilfully  or  wantonly.  The  pro- 
visions of  this  section  shall  not  affect  the  right  of  any  person 
to  receive  benefits  to  which  he  would  otherwise  be  entitled 
hereunder,  or  under  the  workmen's  compensation  law,  or  under 
any  retirement  law,  nor  the  right  of  any  such  person  to  receive 
any  benefits  or  compensation  under  any  act  of  congress. 


1949]  Chapter  304  397 

10.  Appropriations  and  Authority  to  Accept  Services,  Gifts, 
Grants,  and  Loans.  Each  political  subdivision  shall  have  the 
power  to  make  appropriations  in  the  manner  provided  by  law 
for  making  appropriations  for  the  ordinary  expenses  of  such 
political  subdivision  for  the  payment  of  expenses  of  its  local 
organization  for  civil  defense.  Whenever  the  federal  govern- 
ment or  any  agency  or  officer  thereof  shall  offer  to  the  state,  or 
through  the  state  to  any  political  subdivision  thereof,  services, 
equipment,  supplies,  materials,  or  funds  by  way  of  gift,  grant 
or  loan,  for  purposes  of  civil  defense,  the  state,  acting  through 
the  governor,  or  such  political  subdivision,  acting  with  the  con- 
sent of  the  governor  and  through  its  executive  officer  or  city 
councils,  or  board  of  selectmen,  may  accept  such  offer,  subject 
to  the  terms  of  the  offer  and  the  rules  and  regulations,  if  any, 
of  the  agency  making  the  offer.  Whenever  any  person,  firm 
or  corporation  shall  offer  to  the  state  or  to  any  political  sub- 
division thereof,  services,  equipment,  supplies,  materials,  or 
funds  by  way  of  gift,  grant  or  loan,  for  purposes  of  civil  de- 
fense, the  state,  acting  through  the  governor,  or  such  political 
subdivision,  acting  through  its  executive  officer  or  city  coun- 
cils or  board  of  selectmen,  may  accept  such  offer,  subject  to 
the  terms. 

11.  Utilization  of  Existing  Services  and  Facilities.  In 
carrying  out  the  provisions  hereof,  the  governor  and  the 
executive  officers  or  city  councils  or  selectmen  of  the  political 
subdivisions  of  the  state  shall  utilize  the  services,  equipment, 
supplies  and  facilities  of  existing  departments,  offices,  and 
agencies  of  the  state  and  of  the  political  subdivisions  thereof 
to  the  maximum  extent  practicable,  and  the  officers  and  per- 
sonnel of  all  such  departments,  offices,  and  agencies  are 
directed  to  cooperate  with  and  extend  such  services  and  facili- 
ties to  the  governor  and  to  the  civil  defense  organizations  of 
the  state  upon  request. 

12.  Political  Activity  Prohibited.  No  organization  for  civil 
defense  established  under  the  authority  hereof  shall  partici- 
pate in  any  form  of  political  activity,  nor  shall  it  be  employed 
directly  or  indirectly  for  political  purposes. 

13.  Civil  Defense  Personnel.  No  person  shall  be  employed 
or  associated  in  any  capacity  in  any  civil  defense  organization 
established  hereunder  who  advocates  or  has  advocated  a  change 
by  force  or  violence  in  the  constitutional  form  of  the  govern- 


398  Chapter  304  [1949 

ment  of  the  United  States  or  in  this  state  or  the  overthrow 
of  any  government  in  the  United  States  by  force  or  violence, 
or  who  has  been  convicted  of  or  is  under  indictment  or  in- 
formation charging  any  subversive  act  against  the  United 
States.  Each  person  who  is  appointed  to  serve  in  an  organi- 
zation for  civil  defense  shall,  before  entering  upon  his  duties, 
take  an  oath,  in  writing,  before  a  person  authorized  to  ad- 
minister oaths  in  this  state,  which  oath  shall  be  as  follows : 

"I ,  do  solemnly  swear  (or  affirm) 

that  I  will  support  and  defend  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  New  Hampshire, 
against  all  enemies,  foreign  and  domestic;  that  I  will  bear  true 
faith  and  allegiance  to  the  same;  that  I  take  this  obligation 
freely,  without  any  mental  reservation  or  purpose  of  evasion; 
and  that  I  will  well  and  faithfully  discharge  the  duties  upon 
which  I  am  about  to  enter. 

"And  J.  do  further  swear  (or  affirm)  that  I  do  not  advocate, 
nor  am  I  a  member  of  any  political  party  or  organization  that 
advocates  the  overthrow  of  the  government  of  the  United 
States  or  of  the  state  of  New  Hampshire  by  force  or  violence ; 
and  that  during  such  time  as  I  am  a  member  of  the  State  Civil 
Defense  Agency,  I  will  not  advocate  nor  become  a  member  of 
any  political  party  or  organization  that  advocates  the  over- 
throw of  the  government  of  the  United  States  or  of  the  state 
of  New  Hampshire  by  force  or  violence." 

14.  Severability.  If  any  provision  hereof  or  the  application 
thereof  to  any  person  or  circumstance  is  held  invalid,  such  in- 
validity shall  not  affect  other  provisions  or  applications  hereof 
which  can  be  given  effect  without  the  invalid  provision,  and  to 
that  end  the  provisions  hereof  are  declared  to  be  severable. 

15.  Enforcement.  It  shall  be  the  duty  of  every  organi- 
zation for  civil  defense  established  pursuant  hereto  and  of  the 
officers  thereof  to  execute  and  enforce  such  orders,  rules  and 
regulations  as  may  be  made  by  the  governor  under  authority 
hereof.  Each  such  organization  shall  have  available  for  in- 
spection at  its  office  all  orders,  rules  and  regulations  made  by 
the  governor,  or  under  his  authority. 

16.  Appropriation.  For  the  purposes  hereof,  the  governor 
is  authorized  to  draw  such  sums  of  money  as  may  be  necessary 
from  the  emergency  fund. 


1949]  Chapter  304  399 

17.  Short  Title.  This  chapter  may  be  cited  as  the  "Civil 
Defense  Act." 

18.  Interstate  Bridges.  Amend  the  Revised  Laws  by  in- 
serting after  chapter  143  the  following  new  chapter : 

Chapter  143-A 

Military  Defense  of  Interstate  Bridges,  etc 

1.  MiKtaiy  Defense  of  Interstate  Bridges.  In  order 
equitably  to  allocate  responsibilities  between  this  and  adjoin- 
ing states  for  the  security  of  interstate  bridges  and  other  in- 
terstate structures  and  facilities,  in  time  of  war  or  military 
emergency  or  when  hostile  destructive  acts  on  the  part  of 
enemy  agents  have  occurred,  are  anticipated,  or  are  suspected, 
the  governor  is  hereby  authorized  to  negotiate  and  to  enter 
into  formal  agreements  with  the  governors  of  the  common- 
wealth of  Massachusetts  and  of  the  states  of  Maine  and  Ver- 
mont relative  to  the  protection  of  such  interstate  bridges, 
structures  and  facilities,  provided  such  other  states  are  author- 
ized to  enter  into  similar  defensive  agreements.  Such  agree- 
ments shall  set  forth  the  specific  interstate  bridges,  structures 
or  facilities  for  which  each  state  is  to  provide  military  pro- 
tection, if  required  by  war  or  military  emergency,  or  if  re- 
quested under  such  circumstances  by  the  appropriate  authori- 
ties of  the  armed  forces  of  the  United  States.  The  agree- 
ments may  authorize  the  entrance  into  and  the  continued 
presence  within  this  state  of  the  military  forces  of  such  other 
states  whenever  and  to  such  extent  as  may  be  required  to 
carry  out  the  purposes  of  this  act.  A  copy  of  each  such  inter- 
state agreement  shall  be  furnished  by  the  adjutant  general  to 
such  persons  as  he  may  deem  necessary. 

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

[Approved  July  28,  1949.] 


400  Chapters  305,  306  [1949 

CHAPTER  305. 

AN  ACT  RELATIVE  TO  THE  OPERATION  OF  BEAR  BROOK  STATE  PARK. 

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

1.  Bear  Brook  Park.  Amend  section  13  of  chapter  234  of 
the  Revised  Laws,  as  amended  by  section  9,  chapter  184,  Laws 
of  1945  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  13.  Limitation.  The  authority  to 
furnish  accommodations  to  the  public  on  state  forests  and 
reservations,  as  provided  by  section  12,  shall  not  be  construed 
as  authorizing  the  commission  to  furnish  sleeping  accom- 
modations to  the  transient  public  either  in  overnight  cabins  or 
in  buildings  owned  by  the  state,  provided  that  this  hmitation 
shall  not  affect  the  leasing  of  buildings  or  cabins  owned  by  the 
state  where  the  accommodations  are  furnished  by  the  lessee 
and  shall  not  affect  the  operations  of  buildings  or  cabins  by  the 
state  which  are  located  on  the  Bear  Brook  Park  in  the  towns 
of  Deerfield,  Hooksett,  Allenstown  and  Candia. 

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

[Approved  July  28,  1949.] 


CHAPTER  306. 


AN  ACT  EXTENDING  AN  APPROPRIATION  FOR  THE  MT.  SUNAPEE 
RECREATIONAL  PROJECT. 

Be  it  enacted  by  the  Senate  and  Hov^e  of  Representaiives  in 
General  Court  convened: 

1.  Mt.  Sunapee  Recreational  Project.  Amend  section  2  of 
chapter  153  of  the  Laws  of  1945  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  2.  Extension 
of  Time.  The  appropriation  made  for  the  purposes  of  chapter 
190  of  the  Laws  of  1941,  as  extended  by  chapter  155  of  the 
Laws  of  1943,  shall  not  lapse  but  shall  be  made  available  for 
the  purposes  hereinafter  set  forth  until  June  30,  1951.  Any 
balance  of  said  appropriation  which  has  not  been  used  for  the 
purposes  of  chapter  190  of  the  Laws  of  1941  is  made  available 


1949]  Chapter  307  401 

for  the  construction  of  additional  facilities  at  the  Mt.  Sunapee 
recreational  project.  The  construction  of  said  additional 
facilities  shall  be  under  the  direction  of  the  forestry  and  recre- 
ation commission  with  the  approval  of  the  governor  and 
council. 

2.  Bond  Issue.  The  bond  issue  authorized  by  section  7  of 
chapter  190  of  the  Laws  of  1941  shall  be  deemed  to  be  author- 
ized for  the  purposes  of  carrying  into  effect  the  provisions  of 
said  chapter  190  as  amended  and  extended  by  chapter  153  of 
the  Laws  of  1945  and  by  this  act. 

3.  Takes  Effect.  This  act  shall  take  effect  as  of  June  30, 
1949. 

[Approved  July  28,  1949.] 


CHAPTER  307. 


AN  ACT  ESTABLISHING  AN  OFFICIAL  GAUGE  FOR  MEASURING  THE 
WATER  LEVELS  OF  LAKE  WINNIPESAUKEE. 

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

1.  Official  Gauge  for  Lake  Winnipesaukee.  The  gauging 
station  maintained  by  the  United  States  geological  survey  at 
Endicott  Park  at  the  Weirs  in  Laconia,  New  Hampshire, 
located  approximately  five  hundred  feet  northwesterly  from 
the  northerly  end  of  the  channel  connecting  Lake  Winnipe- 
saukee  and  Paugus  Bay  shall  be  and  hereby  is  established  as 
the  official  gauging  station  to  measure  the  level  of  water  in 
Lake  Winnipesaukee.  The  total  quantity  of  water  drawn 
from  Lake  Winnipesaukee  during  the  seven  days  in  any  week 
between  June  first  and  October  fifteenth  of  any  year  shall  not 
exceed  the  equivalent  of  two  hundred  fifty  cubic  feet  for  each 
second  of  time  during  said  week  when  the  gauge  reading 
(making  due  allowance  for  seiche  and  wind  action)  on  said 
gauging  station  is  at  or  below  502.4  feet  above  mean  sea  level 
as  shown  by  said  gauging  station,  provided  however,  that  upon 
the  finding  of  an  emergency  by  the  water  resources  board,  said 
board  may  permit  drafts  of  water  in  excess  of  said  amount 
during  said  period  for  such  time  and  in  such  amounts  as  said 
board  mav  determine. 


402  Chapter  308  [1949 

2.  Enforcement  and  Repeal.  Upon  complaint  of  not  less 
than  ten  owners  of  property  on  Lake  Winnipesaukee  a  hearing 
may  be  held  before  the  water  control  commission  and  proceed- 
ings instituted  as  provided  in  section  48  of  chapter  267  of  the 
Revised  Laws.  Such  parts  of  chapter  118  of  the  Laws  of  1911 
as  may  be  inconsistent  with  the  provisions  of  this  act  are  here- 
by repealed. 

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

[Approved  July  28,  1949.] 


CHAPTER  308. 


AN  ACT  RELATIVE  TO  COMMERCIAL  LANDING  AREAS  AND  FEES  FOR 

ENGINEERING  AND  OTHER  SERVICES  BY  THE 

AERONAUTICS  COMMISSION. 

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

1.  Definition.  Amend  section  3  of  chapter  306  of  the  Re- 
vised Laws  by  inserting  after  paragraph  XVI  the  following 
new  paragraph:  XVI-a.  "Commercial  landing  area"  means 
any  landing  area  used  or  intended  to  be  used  to  render  an 
aeronautical  service  for  compensation  in  connection  with  the 
operation,  service,  maintenance  or  repair  of  aircraft. 

2.  Additional  Revenue.  Amend  the  first  paragraph  of 
section  29  of  chapter  306  of  the  Revised  Laws  by  adding  after 
the  word  "certificates"  in  the  second  line  the  words,  and  for 
rendering  certain  services,  so  that  said  paragraph  as  amended 
shall  read  as  follows:  The  commission  is  hereby  authorized 
to  collect  the  following  fees  for  the  issuance  of  registration 
certificates  and  for  rendering  certain  services. 

3.  Engineering  Services.  Further  amend  section  29  of 
chapter  306  of  the  Revised  Laws  by  inserting  after  paragraph 
IX  as  inserted  by  section  7,  chapter  281  of  the  Laws  of  1947, 
the  following  new  paragraph:  X.  For  rendering  engineer- 
ing and  other  services  in  connection  with  areonautical  activi- 
ties and  plans  contemplated  by  section  8  of  this  chapter,  by 
section  17-a  of  this  chapter  as  inserted  by  section  6  of  chap- 
ter 281  of  the  Laws  of  1947  and  by  section  80  of  chapter  51  of 


1949]  Chapter  309  403 

the  Revised  Laws,  the  expense  involved  for  personal  services 
and  expenses  of  the  commission. 

4.  Repeal.  Paragraph  IV  of  section  30  of  chapter  306  of 
the  Revised  Laws  relative  to  the  fee  for  the  registration  of 
more  than  one  private  landing  area  by  the  same  person  is 
hereby  repealed. 

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

[Approved  July  28,  1949.] 


CHAPTER  309. 


AN  ACT  RELATIVE  TO  DETERMINATION  OF  VALUE  OF  ANNUITIES 
OR  LIFE  ESTATES  TO  THE  INHERITANCE  TAX  LAW. 

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

1.  Inheritance  Tax.  Amend  section  6  of  chapter  76  of  the 
Revised  Laws  by  striking  out  the  words  "actuaries'  combined 
experience  tables"  and  inserting  in  place  thereof  the  words, 
United  States  life  tables  and  actuarial  tables,  based  on  the 
latest  United  States  census  for  which  such  tables  are  published, 
so  that  said  section  as  amended  shall  read  as  follows :  6.  Life 
Interest;  Remainder.  The  value  of  an  annuity  or  life  estate 
shall  be  determined  by  the  United  States  life  tables  and  actu- 
arial tables,  based  on  the  latest  United  States  census  for 
which  such  tables  are  published,  at  four  per  cent  compound  in- 
terest, and  the  value  of  any  intermediate  estate  less  than  a  fee 
shall  be  so  determined  whenever  possible.  The  value  of  a  re- 
mainder after  such  estate  shall  be  determined  by  subtracting 
the  value  of  the  intermediate  estate  from  the  total  value  of 
the  bequest  or  devise. 

2.  Application  to  Estates.  This  act  shall  not  apply  to  the 
estates  of  persons  deceased  prior  to  the  date  when  it  takes 
effect  nor  to  property  of  such  decedents  passing  by  deed,  grant, 
bargain,  sale  or  gift,  but  such  estates,  i)ersons  and  property 
shall  remain  subject  to  the  provisions  of  the  laws  in  force  prior 
to  the  passage  of  this  act. 

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

[Approved  July  28,  1949.] 


404  Chapter  310  [1949 

CHAPTER  310. 

AN  ACT  RELATING  TO  MINIMUM  WAGES  FOR  CERTAIN  EMPLOYEES. 

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

1.  Employees.  Amend  chapter  213  of  the  Revised  Laws 
by  inserting  after  section  24  the  following  new  subdivision: 

Minimum  Wages 

25.  Minimum  Wages.  No  person,  firm  or  corporation  shall 
employ  any  employees  at  a  rate  of  less  than  fifty  cents  per 
hour,  provided  that  this  limitation  shall  not  apply  to  employees 
engaged  in  household  labor,  domestic  labor,  fami  labor,  out- 
side salesmen,  summer  camps  for  minors,  restaurants,  hotels, 
inns  and  cabins. 

26.  Special  Authorization  in  Certain  Cases.  A  person  with 
less  than  six  months'  experience  in  an  occupation,  or  a  person 
whose  earning  capacity  is  impaired  by  age,  or  physical  or 
mental  deficiency  or  injury,  may  be  paid  not  less  than  thirty- 
five  cents  per  hour  upon  application  to  and  authorization  from 
the  commissioner  of  labor. 

27.  Penalty.  Any  person,  firm  or  corporation  who  violates 
the  provisions  of  sections  25  or  26  shall  be  liable  to  the  em- 
ployee or  employees  aff"ected  in  the  amount  of  their  unpaid 
minimum  wages  or  their  unpaid  overtime  compensation,  as  the 
case  may  be,  and  in  an  equal  additional  amount  as  liquidated 
damages.  Action  to  recover  such  liability  may  be  maintained 
in  the  superior  court  by  any  one  or  more  employees  for  or  in 
behalf  of  himself  or  themselves  and  other  employees  similarly 
situated,  or  such  employee  or  employees  may  designate  an 
agent  or  representative  to  maintain  such  action  for  and  in  be- 
half of  such  employees  similarly  situated. 

28.  Commissioner  of  Labor.  The  commissioner  of  labor  is 
hereby  directed  to  readjust  minimum  wages  for  women  and 
minors  insofar  as  it  may  be  necessary  in  view  of  the  provisions 
of  sections  25  and  26. 

29.  Application.  The  preceding  sections  of  this  sub- 
division shall  not  apply  to  employees  whose  employment  is 
subject  to  the  provisions  of  the  United  States  Fair  Labor 
Standards  Act  of  1938  as  amended  and  regulations  or  orders 
issued  thereunder.     The  minimum  wage  established  by  section 


1949]  Chapter  311  405 

25  shall  be  subject  to  modification  for  any  occupation  as  pro- 
vided in  section  14,  chapter  213,  Revised  Laws  on  motion  of  the 
commissioner  or  upon  petition  as  provided  in  said  section, 
which  may  be  filed  or  instituted  at  any  time  after  the  effective 
date  of  this  act;  and  for  such  purposes  the  minimum  wage 
estabhshed  by  section  1  shall  be  considered  as  a  mandatory 
wage  order.  The  commissioner  shall  appoint  a  new  wage 
board  to  consider  a  proposed  modification  for  any  occupation, 
and  orders  of  the  commissioner  in  such  modification  proceed- 
ings shall  be  subject  to  appeal  as  provided  in  sections  16  to  20 
inclusive  of  said  chapter  213. 

2.     Takes    Effect.      This   act    shall    take    effect   upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  311. 


AN    ACT    RELATING    TO    THE    DISTRIBUTION,    SALE,    OR 

TRANSPORTATION    OF   INSECTICIDES,    FUNGICIDES, 

RODENTICIDES,  AND  OTHER  ECONOMIC 

POISONS. 

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

1.  Distribution,  Sale,  or  Transportation  of  Economic 
Poisons.  Amend  chapter  227  of  the  Revised  Laws  by  striking 
out  said  chapter  and  inserting  in  place  thereof  the  following : 

Chapter  227 
New  Hampshire  Economic  Poisons  Law 

1.  Definitions.  For  the  purposes  hereof  the  following 
words  shall  have  the  following  meanings : 

I.  The  term  "economic  poison"  means  any  substance  or 
mixture  of  substances  intended  for  preventing,  destroying,  re- 
pelling, or  mitigating  any  insects,  rodents,  fungi,  weeds,  or 
other  forms  of  plant  or  animal  life  or  viruses,  except  viruses 
on  or  in  living  man  or  other  animals,  which  the  commissioner 
shall  declare  to  be  a  pest. 

IL  The  term  "insecticide"  means  any  substance  or  mix- 
ture of  substances  intended  for  preventing,  destroying,  re- 


406  Chapter  311  [1949 

pelling  or  mitigating  any  insects  which  may  be  present  in  any 
environment  whatsoever. 

III.  The  term  "fungicide"  means  any  substance  or  mix- 
ture of  substances  intended  for  preventing,  destroying,  re- 
pelling, or  mitigating  any  fungi. 

IV.  The  term  "rodenticide"  means  any  substance  or  mix- 
ture of  substances  intended  for  preventing,  destroying,  re- 
pelling, or  mitigating  rodents  or  any  other  vertebrate  animal 
which  the  commissioner  shall  declare  to  be  a  pest. 

V.  The  term  "herbicide"  means  any  substance  or  mix- 
ture of  substances  intended  for  preventing,  destroying,  re- 
pelling, or  mitigating  any  weed. 

VI.  The  term  "insect"  means  any  of  the  numerous  small 
invertebrate  animals  generally  having  the  body  more  or  less 
obviously  segmented,  for  the  most  part  belonging  to  the  class 
Insectn,  comprising  six-legged,  usually  winged  forms,  as,  for 
example,  beetles,  bugs,  bees,  flies,  and  to  other  allied  classes  of 
arthropods  whose  members  are  wingless  and  usually  have  more 
than  six  legs,  as,  for  example,  spiders,  mites,  ticks,  centipedes, 
and  wood  lice. 

VII.  The  term  "fungi"  means  all  non-chlorophyll-bearing 
thallophytes  (that  is,  all  non-chlorophyll-bearing  plants  of  a 
lower  order  than  mosses  and  liverworts)  as,  for  example,  rusts, 
smuts,  mildews,  molds,  yeasts,  and  bacteria,  except  those  on  or 
in  living  man  or  other  animals. 

VIII.  The  term  "weed"  means  any  plant  which  grows 
where  not  wanted. 

IX.  The  term  "ingredient  statement"  means  either  — 
(1)  a  statement  of  the  name  and  percentage  of  each  active  in- 
gredient, together  with  the  total  percentage  of  the  inert  in- 
gredients, in  the  economic  poison;  or  (2)  a  statement  of  the 
name  of  each  active  ingredient,  together  with  the  name  of 
each  and  total  percentage  of  the  inert  ingredients  if  any  there 
be,  in  the  economic  poison  (except  option  1  shall  apply  if  the 
preparation  is  highly  toxic  to  man,  determined  as  provided  in 
section  9  of  this  chapter) ;  and,  in  addition  to  (1)  or  (2)  in 
case  the  economic  poison  contains  arsenic  in  any  form,  a  state- 
ment of  the  percentages  of  total  and  water  soluble  arsenic, 
each  calculated  as  elemental  arsenic. 

X.  The  term  "active  ingredient"  means  an  ingredient 
which  will  prevent,  destroy,  repel,  or  mitigate  insects,  fungi, 
rodents,  weeds,  or  other  pests. 


1949]  Chapter  311  407 

XL  The  term  "inert  ingredient"  means  an  ingredient 
which  is  not  an  active  ingredient. 

XII.  The  term  "antidote"  means  the  most  practical  im- 
mediate treatment  in  case  of  poisoning  and  includes  first  aid 
treatment. 

XIII.  The  term  "commissioner"  means  the  commissioner 
of  agriculture. 

XIV.  The  term  "label"  means  the  written,  printed,  or 
graphic  matter  on,  or  attached  to,  the  economic  poison,  or  the 
immediate  container  thereof,  and  the  outside  container  or 
wrapper  of  the  retail  package,  if  any  there  be,  of  the  economic 
poison. 

XV.  The  term  "labeling"  means  all  labels  and  other 
written,  printed,  or  graphic  matter  (1)  upon  the  economic 
poison  or  any  of  its  containers  or  wrappers ;  (2)  accompanying 
the  economic  poison  at  any  time ;  (3)  to  which  reference  is 
made  on  the  label  or  in  literature  accompanying  the  economic 
poison,  except  when  accurate,  non-misleading  reference  is 
made  to  current  official  publications  of  the  United  States  de- 
partment of  agriculture  or  interior,  the  United  States  public 
health  service,  state  experiment  stations,  New  Hampshire 
University,  or  any  other  similar  federal  institutions  or  official 
agencies  of  this  state  or  other  states  authorized  by  law  to  con- 
duct research  in  the  field  of  economic  poisons. 

XVI.  The  term  "adulterated"  shall  apply  to  any  economic 
poison  if  its  strength  or  purity  falls  below  the  professed  stand- 
ard or  quality  as  expressed  on  labeling  or  under  which  it  is 
sold,  or  if  any  substance  has  been  substituted  wholly  or  in  part 
for  the  article,  or  if  any  valuable  constituent  of  the  article  has 
been  wholly  or  in  part  abstracted. 

XVII.  The  term  "misbranded"  shall  apply  (1)  to  any 
economic  poison  if  its  labeling  bears  any  statement,  design,  or 
graphic  representation  relative  thereto  or  to  its  ingredients 
which  is  false  or  misleading  in  any  particular ; 

(2)  to  any  economic  poison  (a)  if  it  is  an  imitation  of  or 
is  offered  for  sale  under  the  name  of  another  economic  poison ; 
(b)  if  the  labeling  accompanying  it  does  not  contain  in- 
structions for  use  which  are  necessary  and,  if  complied  with, 
adequate  for  the  protection  of  the  public;  (c)  if  its  labeling 
bears  any  reference  to  registration  hereunder;  (d)  if  the  label 
does  not  contain  a  warning  or  caution  statement  which  may  be 


408  Chapter  311  [1949 

necessary  and,  if  complied  with,  adequate  to  prevent  injury  to 
living  man  and  other  vertebrate  animals;  (e)  if  the  label  does 
not  bear  an  ingredient  statement  on  that  part  of  the  immedi- 
ate container  and  on  the  outside  container  or  wrapper,  if  there 
be  one,  through  which  the  ingredient  statement  on  the  immedi- 
ate container  can  be  clearly  read,  of  the  retail  package  which  is 
presented  or  displayed  under  customery  conditions  of  purchase ; 
(f)  if  any  word,  statement,  or  other  information  required  by 
or  under  the  authority  hereof  to  appear  on  the  labeling  is  not 
prominently  placed  thereon  with  such  conspicuousness  as  com- 
pared with  other  words,  statements,  designs,  or  graphic  matter 
in  the  labeling  and  in  such  terms  as  to  render  it  likely  to  be 
read  and  understood  by  the  ordinary  individual  under  custom- 
ary conditions  of  purchase  and  use;  or  (g)  if  in  the  case  of  an 
insecticide,  rodenticide,  fungicide,  or  herbicide,  when  used  as 
directed  or  in  accordance  with  commonly  recognized  practice, 
it  shall  be  injurious  to  living  man  or  other  vertebrate  animals 
or  vegetation,  except  weeds,  to  which  it  is  applied,  or  to  the 
person  applying  such  economic  poison, 

2.  Prohibited  Acts.  I.  It  shall  be  unlawful  for  any  per- 
son to  distribute,  sell,  or  offer  for  sale  within  this  state  or  de- 
liver for  transportation  or  transport  in  intrastate  commerce  or 
between  points  within  this  state  through  any  point  outside  this 
state  any  of  the  following:  (1)  Any  economic  poison  which 
has  not  been  registered  pursuant  to  the  provisions  of  section  3 
hereof,  or  any  economic  poison  if  any  of  the  claims  made  for  it 
or  any  of  the  directions  for  its  use  differ  in  substance  from  the 
representations  made  in  connection  with  its  registration,  or  if 
the  composition  of  an  economic  poison  differs  from  its  com- 
position as  represented  in  connection  with  its  registration; 
provided,  that  in  the  discretion  of  the  commissioner,  a  change 
in  the  labeling  or  formula  of  an  economic  poison  may  be  made 
within  a  registration  period  without  requiring  re-registration 
of  the  product. 

(2)  Any  economic  poison  unless  it  is  in  the  registrant's 
or  the  manufacturer's  unbroken  immediate  container,  and 
there  is  affixed  to  such  container,  and  to  the  outside  container 
or  wrapper  of  the  retail  package,  if  there  be  one,  through  which 
the  required  information  on  the  immediate  container  cannot 
be  clearly  read,  a  label  bearing  (a)  the  name  and  address  of 
the   manufacturer,    registrant,   or   person    for   whom   manu- 


1949]  Chapter  311  409 

factured ;  (b)  the  name,  brand,  or  trade-mark  under  which  said 
article  is  sold;  and  (c)  the  net  weight  or  measure  of  the  con- 
tent subject,  however,  to  such  reasonable  variations  as  the 
commissioner  may  permit. 

(3)  Any  economic  poison  which  contains  any  substance  in 
quantities  highly  toxic  to  man,  determined  as  provided  in 
section  9  hereof,  unless  the  label  shall  bear,  in  addition  to  any 
other  matter  required  hereby,  (a)  the  skull  and  crossbones; 
(b)  the  word  "poison"  prominently,  in  red,  on  a  background  of 
distinctly  contrasting  color;  and  (c)  a  statement  of  an  anti- 
dote for  the  economic  poison. 

(4)  The  economic  poisons  commonly  known  as  standard 
lead  arsenate,  basic  lead  arsenate,  calcium  arsenate,  mag- 
nesium arsenate,  zinc  arsenate,  zinc  arsenite,  sodium  fluoride, 
sodium  fluosilicate,  or  barium  fluosilicate  unless  they  have  been 
distinctly  colored  or  discolored  as  provided  by  regulations 
issued  in  accordance  herewith,  or  any  other  white  powder 
economic  poison  which  the  commissioner,  after  investigation 
of  and  after  public  hearing  on  the  necessity  for  such  action  for 
the  protection  of  the  public  health  and  the  feasibility  of  such 
coloration  or  discoloration,  shall,  by  regulation,  require  to  be 
distinctly  colored  or  discolored;  unless  it  has  been  so  colored 
or  discolored ;  provided,  that  the  commissioner  may  exempt  any 
economic  poison  to  the  extent  that  it  is  intended  for  a  particu- 
lar use  or  uses  from  the  coloring  or  discoloring  required  or 
authorized  by  this  section  if  he  determines  that  such  coloring 
or  discoloring  for  such  use  or  uses  is  not  necessary  for  the  pro- 
tection of  the  public  health. 

(5)  Any  economic  poison  which  is  adulterated  or  mis- 
branded. 

II.  It  shall  be  unlawful  for  any  person  to  detach,  alter, 
deface,  or  destroy,  in  whole  or  in  part,  any  label  or  labeling 
provided  for  herein,  or  regulations  promulgated  hereunder,  or 
to  add  any  substance  to,  or  take  any  substance  from,  an 
economic  poison  in  a  manner  that  may  defeat  the  purpose 
hereof. 

III.  It  shall  be  unlawful  for  any  person  to  use  for  his  own 
advantage  or  to  reveal,  other  than  to  the  commissioner  or 
proper  officials  or  employees  of  the  state  or  to  the  courts  of  this 
state  in  response  to  a  subpoena,  or  to  physicians,  or  in 
emergencies  to  pharmacists  and  other  qualified  persons,  for 


410  Chapter  311  [1949 

use  in  the  preparation  of  antidotes,  any  information  relative  to 
formulas  of  products  acquired  by  authority  hereof. 

3.  Registration.  Every  economic  poison  which  is  dis- 
tributed, sold  or  offered  for  sale  within  this  state  or  delivered 
for  transportation  or  transported  in  intrastate  commerce  or  be- 
tween points  within  this  state  through  any  point  outside  this 
state  shall  be  registered  in  the  office  of  the  commissioner,  and 
such  registration  shall  be  renewed  annually;  provided,  that 
products  which  have  the  same  formula,  are  manufactured  by 
the  same  person,  the  labeling  of  which  contains  the  same 
claims,  and  the  labels  of  which  bear  a  designation  identifying 
the  product  as  the  same  economic  poison  may  be  registered  as 
a  single  economic  poison ;  and  additional  names  and  labels  shall 
be  added  by  supplement  statements  during  the  current  period 
of  registration. 

4.  Statement  Required.  The  registrant  shall  file  with  the 
commissioner  a  statement  including  (1)  the  name  and  address 
of  the  registrant  and  the  name  and  address  of  the  person 
whose  name  will  appear  on  the  label,  if  other  than  the  regis- 
trant; (2)  the  name  of  the  economic  poison;  (3)  a  complete 
copy  of  the  labeling  accompanying  the  economic  poison  and  a 
statement  of  all  claims  to  be  made  for  it  including  directions 
for  use;  and  (4)  if  requested  by  the  commissioner  a  full  de- 
scription of  the  tests  made  and  the  results  thereof  upon  which 
the  claims  are  based.  In  the  case  of  renewal  of  registration, 
a  statement  shall  be  required  only  with  respect  to  information 
which  is  different  from  that  furnished  when  the  economic 
poison  was  registered  or  last  re-registered. 

5.  Fees.  The  registrant  shall  pay  an  annual  fee  of  ten 
dollars  for  each  economic  poison  registered,  provided,  however, 
that  any  registrant  may  register  annually  any  number  of 
brands  upon  the  payment  of  an  annual  fee  of  one  hundred 
dollars.  A  sum  not  to  exceed  three  thousand  dollars  annually 
from  said  fees  shall  be  held  in  the  state  treasury  in  a  special 
fund  to  be  used  only  for  carrying  out  the  provisions  hereof.  The 
monies  in  said  special  fund  shall  not  lapse  but  may  be  used  at 
any  time  for  carrying  out  the  provisions  hereof.  Any  excess 
above  three  thousand  dollars  annually  which  may  be  collected 
from  fees  under  the  provision  of  this  section  shall  be  credited 
to  the  general  funds. 


1949]  Chapter  311  411 

6.  Submission  of  Formula.  The  commissioner,  whenever 
he  deems  it  necessary  in  the  administration  hereof  may  re- 
quire the  submission  of  the  complete  formula  of  any  economic 
poison.  If  it  appears  to  the  commissioner  that  the  composi- 
tion of  the  article  is  such  as  to  warrant  the  proposed  claims 
for  it  and  if  the  article  and  its  labeling  and  other  material  re- 
quired to  be  submitted  comply  with  the  requirements  of 
section  2  hereof,  he  shall  register  the  article. 

7.  Corrections  before  Registration.  If  it  does  not  appear 
to  the  commissioner  that  the  article  is  such  as  to  warrant  the 
proposed  claims  for  it  or  if  the  article  and  its  labeling  and  other 
material  required  to  be  submitted  do  not  comply  with  the  pro- 
visions of  this  chapter,  he  shall  notify  the  registrant  of  the 
manner  in  which  the  article  labeling,  or  other  material  re- 
quired to  be  submitted  fail  to  comply  with  the  chapter  so  as  to 
afford  the  registrant  an  opportunity  to  make  the  necessary 
corrections.  If,  upon  receipt  of  such  notice,  the  registrant  in- 
sists that  such  corrections  are  not  necessary  and  requests  in 
writing  that  the  article  be  registered,  the  commissioner  shall 
register  the  article,  under  protest,  and  such  registration  shall 
be  accompanied  by  a  warning,  in  writing,  to  the  registrant  of 
the  apparent  failure  of  the  article  to  comply  with  the  pro- 
visions of  the  chapter.  In  order  to  protect  the  public,  the  com- 
missioner, on  his  own  motion,  may  at  any  time,  cancel  the 
registration  of  an  economic  poison  and  in  lieu  thereof  issue  a 
registration  under  protest  in  accordance  with  the  foregoing 
procedure.  In  no  event  shall  registration  of  an  article, 
whether  or  not  protested,  be  construed  as  a  defense  for  the 
commission  of  any  offense  prohibited  under  section  2  of  this 
chapter. 

8.  Exception.  Notwithstanding  any  other  provisions 
hereof,  registration  is  not  required  in  the  case  of  an  economic 
poison  shipped  from  one  plant  within  this  state  to  another 
plant  within  this  state  operated  by  the  same  person. 

9.  Powers  of  Commissioner.  The  commissioner  is 
authorized,  after  opportunity  for  a  hearing  (1)  to  declare  as  a 
pest  any  form  of  plant  or  animal  life  or  virus  which  is  in- 
jurious to  plants,  men,  domestic  animals,  articles  or  sub- 
stances; (2)  to  determine  whether  economic  poisons  are  highly 
toxic  to  man;  and  (3)  to  determine  standards  of  coloring  or 
discoloring   for  economic  poisons,   and   to   subject  economic 


412  Chapter  311  [1949 

poisons  to  the  requirements  of  paragraph  (4)  I  of  section  2 
hereof. 

10.  Rules  and  Regulatiotns.  The  commissioner  is  author- 
ized to  make  necessary  rules  and  regulations  for  carrying  out 
the  provisions  hereof,  including  rules  and  regulations  pro- 
viding for  the  collection  and  examination  of  samples  of  eco- 
nomic poisons. 

11.  Adoption  of  Federal  Rules.  In  order  to  avoid  con- 
fusion endangering  the  public  health,  resulting  from  diverse 
requirements,  particularly  as  to  the  labeling  and  coloring  of 
economic  poisons,  to  avoid  increased  costs  to  the  people  of  this 
state  due  to  the  necessity  of  complying  Mdth  such  diverse  re- 
quirements in  the  manufacture  and  sale  of  such  poisons,  and 
to  secure  uniformity  between  the  requirements  of  the  several 
states  and  the  federal  government  relating  to  such  poisons,  the 
commissioner  is  authorized,  after  due  public  hearing,  to  adopt 
by  regulation  such  regulations,  applicable  to  and  in  conformity 
with  the  primary  standards  established  hereby,  as  have  been 
or  may  be  prescribed  in  the  United  States  department  of  agri- 
culture with  respect  to  economic  poisons. 

12.  Enforcement.  The  examination  of  economic  poisons 
shall  be  made  under  the  direction  of  the  commissioner  for  the 
purpose  of  determining  whether  they  comply  with  the  require- 
ments hereof.  If  it  shall  appear  from  such  examination  that 
an  economic  poison  fails  to  comply  with  the  provisions  hereof, 
and  the  commissioner  contemplates  instituting  criminal  pro- 
ceedings against  any  person,  the  commissioner  shall  cause 
appropriate  notice  to  be  given  to  such  person.  Any  person  so 
notified  shall  be  given  an  opportunity  to  present  his  views, 
either  orally  or  in  writing,  with  regard  to  such  contemplated 
proceedings  and  if  thereafter  in  the  opinion  of  the  com- 
missioner it  shall  appear  that  the  provisions  hereof  have  been 
violated  by  such  person,  then  the  commissioner  shall  refer  the 
facts  to  the  county  solicitor  for  the  county  in  which  the 
violation  shall  have  occurred  with  a  copy  of  the  results  of  the 
analysis  or  the  examination  of  such  article ;  provided,  however, 
that  nothing  herein  shall  be  construed  as  requiring  the  com- 
missioner to  report  for  prosecution  or  for  the  institution  of 
libel  proceedings  minor  violations  hereof  whenever  he  believes 
that  the  public  interests  will  be  best  served  by  a  suitable  notice 
of  warning  in  writing.     It  shall  be  the  duty  of  each  county 


1949]  Chapter  311  413 

solicitor  to  whom  any  such  violation  is  reported  to  cause  appro- 
priate proceedings  to  be  instituted  and  prosecuted  without 
delay, 

13.  Exemptioais.  The  penalties  provided  for  violations 
of  paragraph  I  of  section  2  shall  not  apply  to  (1)  any  carrier 
while  lawfully  engaged  in  transporting  an  economic  poison 
within  this  state,  if  such  carrier  shall,  upon  request,  permit 
the  commissioner  or  his  designated  agent  to  copy  all  records 
showing  the  transactions  in  and  movement  of  the  articles; 
(2)  public  officials  of  this  state  and  the  federal  government 
engaged  in  the  performance  of  their  official  duties;  (3)  the 
manufacturer  or  shipper  of  an  economic  poison  for  experi- 
mental use  only  by  or  under  supervision  of  an  agency  of  this 
state  or  of  the  federal  government  authorized  by  law  to  con- 
duct research  in  the  field  of  economic  poisons,  or  by  others  if 
the  economic  poison  is  not  sold  and  if  the  container  thereof  is 
plainly  and  conspicuously  marked  "For  experimental  use 
only  —  Not  to  be  sold,"  together  with  the  manufacturer's 
name  and  address ;  provided,  however,  that  if  a  written  permit 
has  been  obtained  from  the  commissioner,  economic  poisons 
may  be  sold  for  experiment  purposes  subject  to  such  re- 
strictions and  conditions  as  may  be  set  forth  in  the  permit. 

14.  Export.  No  article  shall  be  deemed  in  violation 
hereof  when  intended  solely  for  export  to  a  foreign  country, 
and  when  prepared  or  packed  according  to  the  specifications  or 
directions  of  the  purchaser.  If  not  so  exported,  the  provisions 
shall  apply. 

15.  Penalties.  I.  Any  person  violating  any  of  the  pro- 
visions hereof  shall  be  fined  not  more  than  one  hundred  dollars 
for  the  first  offense  and  for  a  second  offense  within  a  period 
of  three  years  shall  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars. 

II.  Notwithstanding  any  other  provisions  of  this  section, 
any  person,  with  intent  to  defraud,  who  uses  or  reveals  in- 
formation relative  to  formulas  of  products  acquired  under 
authority  hereof  shall  be  fined  not  more  than  one  hundred 
dollars  or  imprisoned  for  not  more  than  one  year,  or  both. 

16.  Seizures;  Forfeiture.  Any  economic  poison  that  is 
distributed,  sold,  or  offered  for  sale  within  this  state  or  de- 
livered for  transportation  or  transported  in  intrastate  com- 
merce or  between  points  within  this  state  through  any  point 


414  Chapter  312  [1949 

outside  this  state  shall  be  liable  to  be  proceeded  against  in  any 
court  in  any  county  of  the  state  where  it  may  be  found  and 
seized  for  forfeiture  as  provided  by  chapter  432,  Revised  Laws, 
(1)  if  it  is  adulterated  or  misbranded;  (2)  if  it  has  not  been 
registered  under  the  provisions  of  section  3;  (3)  if  it  fails  to 
bear  on  its  label  the  information  required  hereby;  (4)  if  it  is  a 
white  powder  economic  poison  and  is  not  colored  as  required 
hereunder. 

17.  Cooperation.  The  commissioner  is  authorized  and 
empowered  to  cooperate  with,  and  enter  into  agreements  with, 
any  other  agency  of  this  state,  the  United  States  department 
of  agriculture,  and  any  other  state  or  agency  thereof  for  the 
purpose  of  carrying  out  the  provisions  hereof  and  securing  uni- 
formity of  regulations. 

18.  Separability.  K  any  provision  of  this  chapter  is  de- 
clared unconstitutional  or  the  applicability  thereof  to  any  per- 
son or  circumstance  is  held  invalid,  the  constitutionahty  of  the 
remainder  of  the  chapter  and  the  applicability  thereof  to  other 
persons  and  circumstances  shall  not  be  affected  thereby. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  January  1. 
1950. 
[Approved  July  28,  1949.] 


CHAPTER  312. 

AN    ACT    PROHIBITING    THE    ADVOCATING    OF    DOCTRINES    OF 

COMMUNISM  OR  OVERTHROW  OF  GOVERNMENT  BY  FORCE 

IN  PUBLIC  OR  STATE  APPROVED  SCHOOLS  OR  STATE 

INSTITUTIONS,  IN  THE  STATE. 

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

1.  Prohibition.  No  teacher  shall  advocate  communism  as 
a  political  doctrine  or  any  other  doctrine  which  includes  the 
overthrow  by  force  of  the  government  of  the  United  States 
or  of  this  state  in  any  public  or  state  approved  school  or  in  any 
state  institution. 

2.  Oath  Required.  All  persons  engaged  directly  or  in- 
directly in  teaching  in  public  or  state  approved  schools  or  in 


1949]  Chapter  312  415 

any  state  institution  shall  take  an  oath  in  writing  before  a  per- 
son authorized  to  administer  oaths  in  this  state  and  this  oath 
shall  be  as  follows : 

"I ,  do  solemnly  swear  (or  affirm)  that  I 

will  support  and  defend  the  constitution  of  the  United  States 
and  the  constitution  of  the  State  of  New  Hampshire  against  all 
enemies,  foreign  and  domestic;  that  I  will  bear  true  faith  and 
allegiance  to  the  same ;  that  I  take  this  obligation  freely,  with- 
out any  mental  reservation  or  purpose  of  evasion;  and  that  I 
will  well  and  faithfully  discharge  the  duties  upon  which  I  am 
about  to  enter. 

"And  I  do  further  swear  (or  affirm)  that  I  do  not  advocate, 
nor  am  I  a  member  of  any  political  party  or  organization  which 
advocates  the  overthrow  of  the  government  of  the  United 
States  or  of  this  state  by  force  or  violence;  and  that  during 
such  time  as  I  am  a  teacher  in  any  school  or  institution  in  New 
Hampshire,  I  will  not  advocate  nor  become  a  member  of  any 
political  party  or  organization  which  advocates  the  overthrow 
of  the  government  of  the  United  States  or  of  this  state  by  force 
or  violence." 

3.  Penalty.  Any  teacher  as  defined  in  section  1  who  re- 
fuses to  take  the  oath  prescribed  in  section  2  or  who  violates 
said  oath  after  taking  the  same  shall  forthwith  be  dismissed 
from  his  position  as  a  teacher  and  shall  no  longer  be  eligible 
for  any  position  connected  with  teaching  in  this  state. 

4.  Enforcement.  It  shall  be  the  duty  of  the  attorney- 
general  to  administer  the  provisions  of  this  act,  so  that  the 
oaths  required  hereunder  are  taken  and  provide  for  the  dis- 
missal of  those  ineligible  to  teach  as  provided  in  section  3. 

5.  Exception.  The  provisions  of  sections  2  and  3  of  this 
act  shall  not  apply  to  bona  fide  exchange  professors  or  teachers 
who  are  not  citizens  of  the  United  States  provided  that  they 
•declare  their  citizenship  and  nationality. 

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

[Approved  July  28,  1949.] 


416  Chapter  313  [1949 

CHAPTER  313. 

AN  ACT  PROVIDING  FOR  THE  STUDY,  TREATMENT  AND  CARE  OF 

INEBRIATES. 

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

1.  Care  of  Inebiiates.  Amend  chapter  254  of  the  Laws  of 
1947  by  striking  out  said  chapter  and  inserting  in  place  there- 
of the  following : 

Chapter  254 
Pioviding  for  the  Study,  Treatment  and  Care  of  Inebiiates 
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 : 

I.  "Alcoholism"  has  reference  to  conditions  resulting 
from  the  excessive  use  of  alcoholic  beverages. 

II.  "Alcoholic  beverages"  means  intoxicating  liquor  as 
defined  by  section  33  of  chapter  7  of  the  Revised  Laws. 

III.  "Commission"  means  the  commission  on  alcoholism. 

IV.  "Chronic  alcoholic"  means  a  person  who,  in  con- 
sequence of  prolonged  excessive  drinking  has  developed  a 
diagnosable  bodily  disease  or  mental  disorder. 

V.  "Compulsive  drinker"  or  "alcoholic  addict"  means  a 
person  affected  by  an  uncontrollable  craving  for  alcoholic 
beverages,  or  a  person  who  chronically  and  habitually  uses 
alcoholic  beverages  to  the  extent  that  he  has  lost  the  power  of 
self-control  with  respect  to  the  use  of  such  beverages,  or  while 
chronically  or  habitually  under  the  influence  of  alcoholic 
beverages  endangers  public  morals,  health,  safety  or  welfare. 

VI.  "Habitual  drunkard"  means  a  person  who  is  fre- 
quently or  regularly  intoxicated  from  the  use  of  alcoholic 
beverages  or  has  been  three  times  convicted  for  a  violation  of 
section  14  of  chapter  440  of  the  Revised  Laws  as  amended. 

VII.  "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. 

VIII.  "Inebriate"  means  any  person  included  in  any  of 
the  following  classifications:  an  excessive  drinker,  a  com- 
pulsive drinker,  an  alcoholic  addict,  an  habitual  drunkard  or  a 
chronic  alcoholic. 


1949]  Chapter  313  417 

IX.  "Patients"  is  a  general  term  meaning  persons  who 
are  committed  under  the  provisions  of  section  12  or  persons 
who,  voluntarily  submitting  themselves  to  the  commission, 
have  been  accepted  by  it  for  treatment,  care  or  custody. 

2.  Declaration  of  Purpose.  The  purpose  of  this  act  is  to 
(a)  assist  in  the  control  of  the  effects  of  alcoholic  beverage 
consumption  present  in  alcoholism,  by  the  establishment  of  a 
state  program  for  medical  and  other  scientific  care,  treatment 
and  rehabilitation  of  inebriates,  (b)  reduce  the  number  of  in- 
ebriates through  education  and  information,  (c)  study  the 
causes  and  effects  of  alcohohsm,  (d)  permit  and  encourage  co- 
operation by  public  and  private  agencies  engaged  in  the  alle- 
viation and  study  of  alcoholism  and  the  care  and  treatment  of 
inebriates. 

3.  Commission  Constituteid.  There  shall  be  a  commission 
for  the  study,  treatment  and  care  of  inebriates  which  shall  be 
known  as  the  commission  on  alcoholism.  The  commission 
shall  consist  of  five  members  to  be  appointed  by  the  governor 
with  the  advice  and  consent  of  the  council.  One  member  of 
said  commission  shall  be  appointed  annually  for  a  term  of  five 
years.  The  term  of  each  member  shall  be  stated  in  his 
appointment,  and  each  shall  continue  in  office  until  his  suc- 
cessor has  been  appointed  and  qualified.  If  a  vacancy  occurs 
in  the  membership  of  the  commission  a  member  shall  be 
appointed  to  serve  for  the  unexpired  term,  provided  however, 
that  appointments  under  this  section  shall  not  be  made  until 
the  expiration  of  the  terms  of  office  of  the  members  of  the 
board  for  the  treatment  of  inebriates  who  are  constituted  the 
commission  on  alcoholism  as  hereinafter  provided.  The  gov- 
ernor may,  with  the  consent  of  the  council,  remove  any  mem- 
ber for  cause.  Three  members  of  the  commission  shall  con- 
stitute a  quorum  for  the  transaction  of  business  and  the  com- 
mission shall  meet  once  a  month,  or  more  frequently,  at  the 
call  of  the  chairman.  Upon  failure  of  a  member  to  attend 
three  consecutive  meetings  of  the  commission,  his  appointment 
shall  be  vacated  unless  excused  by  formal  action  of  the  com- 
mission. 

4.  Compensation.  The  members  of  the  commission  shall 
be  paid  eight  dollars  a  day,  each,  for  such  time  as  they  are  en- 
gaged in  the  work  of  the  commission,  and  shall  be  reimbursed 
for  their  actual  and  necessary  expenses  incurred  in  the  per- 
formance of  their  duties. 


418  Chapter  313  [1949 

5.  Chairman,  Clerk  and  Assistants.  The  governor  shall 
designate  the  chairman  of  the  commission.  The  commission 
shall  appoint  a  clerk  and  shall,  with  the  approval  of  the  gover- 
nor and  council,  employ  such  assistants  as  may  be  necessary. 

6.  Executive  Director.  The  commission,  with  the 
approval  of  the  governor  and  council,  shall  appoint  an  execu- 
tive director  and  fix  his  salary.  The  executive  director  shall 
perform  such  duties  as  the  commission  may  require  of  him 
and  shall  be  allowed  the  necessary  expenses  incurred  in  the 
performance  of  his  duties.  The  executive  director,  when  so 
authorized,  may  act  as  the  legal  agent  of  the  commission. 

7.  The  Powers  and  Duties  of  the  Commission.  The  com- 
mission is  hereby  authorized  and  empowered: 

I.  To  study  alcohoHsm  and  its  problems,  including 
methods  and  facilities  available  for  care,  custody,  detention, 
treatment,  employment  and  rehabilitation  of  persons  who  are 
inebriates ; 

II.  To  promote  meetings  and  programs  for  the  discussion 
of  alcoholism  or  any  of  its  aspects,  disseminate  information  on 
the  subject  of  alcoholism  for  the  guidance  and  assistance  of 
individuals,  courts  and  public  or  private  agencies  in  the  state, 
and  for  the  prevention  of  alcoholism ; 

III.  To  conduct,  promote  and  finance,  in  full  or  in  part, 
studies,  investigations  and  research,  independently  or  in  co- 
operation with  universities,  colleges,  scientific  organizations, 
state  or  federal  agencies ; 

IV.  To  accept  for  examination,  diagnosis,  guidance  and 
treatment,  insofar  as  funds  permit,  any  resident  of  the  state 
coming  to  the  commission  of  his  own  volition  for  advice  and 
guidance ; 

V.  To  make  rules  and  regulations  respecting  the  accept- 
ance, care,  treatment  and  discipline  of  inebriates  who  are  the 
commission's  patients  as  it  deems  necessary,  providing  that 
such  are  in  harmony  with  other  provisions  of  this  act ; 

VI.  To  render  biennially  to  the  governor  and  council  and 
the  general  court  a  report  of  its  activities  including  recom- 
mendations for  improvements  therein,  by  legislation  or  other- 
wise. 

8.  Acceptance  of  Grants.  The  commission  is  authorized 
to  accept  in  the  name  of  the  state  special  grants  of  money  or 


1949]  Chapter  313  419 

services  from  the  federal  or  state  governments  or  any  of  their 
agencies  and  may  accept  gifts  to  carry  on  its  activities. 

9.  Facilities  and  Personnel.  The  commission  may,  with 
the  consent  of  the  governor  and  council,  contract  for  such  edu- 
cational, research,  casework,  institutional,  medical  facilities, 
personnel  and  services  of  public  or  private  agencies  as  are 
necessary  or  desirable  to  carry  out  the  provisions  of  this  act. 
It  may  assign  for  training  under  its  direction  such  medical, 
technical  and  clinical  personnel  as  may  be  desirable. 

10.  Buildings  and  Equipment.  The  commission,  with 
the  consent  of  the  governor  and  council,  may  establish  or  con- 
struct an  institution  for  the  treatment  of  its  patients  and  shall 
have  authority  to  purchase  or  lease  land,  buildings  and  equip- 
ment suitable  for  that  purpose  when  funds  are  made  available. 
The  commission  shall  have  the  management  and  control  of  the 
property  so  acquired  and  shall,  with  the  consent  of  the  gover- 
nor and  council,  appoint  an  administrator  of  any  institution 
so  constructed  or  established.  The  administrator  shall  not  be 
a  member  of  the  board,  and  the  board  shall  fix  his  salary,  sub- 
ject to  the  approval  of  the  governor  and  council. 

11.  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. 

12.  Committals,  Custody,  Acceptance  and  Admissions. 
I.  Voluntary  Admissions.  Any  resident  of  the  state,  or  the 
parent,  person  in  loco  parentis,  or  the  legal  guardian  of  a  resi- 
dent under  twenty-one  years  of  age  or  mentally  incompetent, 
may  apply  to  the  commission  or  its  facilities  for  voluntary  ad- 
mission of  such  resident  to  its  care,  treatment  and  guidance. 
The  commission  may  make  such  regulations  and  requirements 
for  the  admission,  care  and  treatment  of  voluntary  patients 
as  it  deems  best  except  that  such  patients  shall  not  be  under 
the  control  of  the  commission  for  less  than  sixty  days  nor 
more  than  one  year.  The  requirements  and  regulations  of  the 
commission  in  regard  to  its  voluntary  patients  shall  be  printed 
and  available  to  the  public.  No  voluntary  patient  shall,  by 
asking  the  help  or  care  of  the  commission,  abridge  any  of  his 
civil  rights  nor  shall  evidence  of  his  voluntary  submission  to 
the  commission's  care  and  control  be  admissible  against  him  in 


420  Chapter  313  [1949 

any  court.     All  records  appertaining  to  voluntary  patients 
shall  be  kept  confidential  and  not  divulged. 

II.  Any  justice  of  the  superior  court  and  any  justice  of  a 
municipal  court,  on  petition  of  the  commission  or  of  any 
citizen  of  the  state,  may  commit  to  the  care  and  custody  of  the 
commission  for  a  period  of  not  less  than  sixty  days  nor  more 
than  three  years  any  person  found  by  the  court  on  hearing 
to  be  an  inebriate.  Except  when  the  commission  is  the  initi- 
ating party,  the  commission  shall  be  notified  seasonably  of  any 
pending  hearing,  provided  for  in  this  paragraph,  by  the  court 
having  jurisdiction  thereof  and  the  commission  may  appear 
as  an  interested  party,  If  the  presiding  justice  finds  the 
evidence  sufficient  to  justify  a  finding  that  the  petitionee  may 
be  an  inebriate,  he  may,  pending  the  order  as  to  committal,  re- 
quire such  petitionee  to  submit  to  the  commission  for  obser- 
vation and  study  for  a  period  of  not  more  than  fourteen  days 
to  determine  whether  in  the  judgment  of  the  commission  said 
petitionee  is  an  inebriate.  At  the  end  of  such  period  the  com- 
mission shall  report  its  findings  to  the  presiding  justice.  Pro- 
vided, however,  that  no  court  commitment  hereunder  shall  be 
made  when  the  commission  states  that  it  has  not  suitable 
facilities  or  personnel  for  the  care  of  such  person.  The  find- 
ings of  the  presiding  justice  on  all  questions  of  fact  presented 
by  any  proceeding  brought  before  him  under  this  paragraph 
shall  be  final. 

III.  Any  person  wiio  is  placed  by  court  order  under  the 
commission's  custody  and  care,  or  any  person  who  is  accepted 
by  the  commission  as  a  voluntary  patient,  shall  be  subject  to 
the  control  and  regulation  of  the  commission  or  such  employee 
of  the  commission  as  it  may  designate.  Any  patient  of  the 
commission  may  be  permitted  to  go  at  large  without  custody  or 
restraint  for  such  times  and  under  such  conditions  as  the  com- 
mission or  its  designated  agent  judges  best. 

IV.  The  executive  director  may  make  an  order  trans- 
ferring a  patient  of  the  commission  to  another  appropriate 
state  or  private  agency  or  institution  within  or  without  the 
state  for  treatment  or  care.  In  the  event  that  the  patient  has 
been  committed  to  the  commission  by  a  couii:,  the  order  for 
such  transference  shall  not  exceed  the  time  specified  in  the 
court  order. 


1949]  Chapter  313  421 

V.  At  the  expiration  of  the  term  of  custody  and  care  of  a 
patient  who  has  been  committed  by  a  court  to  the  commission, 
the  patient  shall  be  discharged  unless  the  executive  director 
recommends  to  the  court  prior  to  expiration  that  the  patient  is 
in  need  of  additional  care  and  treatment,  in  which  event  the 
court  on  hearing  may  order  the  patient  recommitted. 

VL  When  a  patient  is  deemed  ready  for  discharge  by 
the  commission,  it  may  through  its  designated  agent  request 
the  termination  of  the  court  order  before  the  expiration  date. 

13.  Costs  and  Income.  I.  In  respect  to  any  or  all  items 
of  expense  incurred  by  the  commission  in  connection  with  the 
commitment,  care,  custody,  treatment  and  rehabilitation  of 
any  of  its  patients,  the  commission  insofar  as  possible  shall 
seek  to  be  reimbursed  by  the  patient  or  persons  liable  for  the 
support  of  the  patient.  The  commission  may  make  such 
financial  arrangements  about  such  expenses  as  it  deems  best 
within  the  intent  of  this  section.  No  patient  is  to  be  charged 
at  any  rate  greater  than  cost. 

II.  In  the  event  of  the  commitment  of  an  inebriate  by  a 
court  to  the  commission,  the  court  may  inquire  into  the 
financial  condition  of  the  inebriate  or  any  other  person  charged 
with  his  support  and  may  impose  liability  for  the  expenses  of 
the  inebriate's  custody  and  care  on  the  proper  person,  county 
or  town. 

III.  Such  money  as  is  received  by  the  commission  from 
the  patient  for  sale  of  services  or  things,  or  for  any  other 
reason,  shall  be  placed  in  a  special  fund  to  be  used  for  the  pur- 
poses of  this  act  alone.  Said  funds  shall  be  in  addition  to  the 
appropriations  granted  the  commission. 

IV.  The  commission  is  authorized  from  its  appropriation 
or  from  funds  allotted  to  it  by  the  governor  and  council  upon 
its  petition  therefor  to  create  a  revolving  fund  which  shall  be 
used  for  loans  to  finance  the  expenses  of  the  costs  of  care, 
custody,  treatment  and  rehabilitation  of  its  patients.  Such 
loans  shall  be  made  without  interest  charges. 

14.  Separability.  If  any  provision  of  this  chapter  is  held 
invalid,  the  remainder  of  the  chapter  shall  not  be  affected 
thereby  and  the  provisions  hereof  are  declared  separable  to 
that  end. 

2.     Agency  Abolished.     The  board  for  the  treatment  of  in- 
ebriates appointed  under  the  provisions  of  chapter  254  of  the 


422  Chapter  314  [1949 

Laws  of  1947  is  hereby  abolished  and  all  properties  and  records 
of  said  board  are  hereby  transferred  to  the  commission  created 
by  this  act.  Any  balance  of  funds  or  appropriations  here- 
tofore made  available  to  the  board  for  the  treatment  of 
inebriates  shall  be  available  to  the  commission  hereby 
established.  The  mem.bers  of  the  board  for  the  treatment  of 
inebriates  shall  constitute  the  commission  on  alcoholism  and 
said  members  of  said  board  shall  continue  as  the  members  of 
the  commission  on  alcoholism  for  the  remainder  of  the  term 
for  which  they  were  respectively  appointed.  As  the  term  of 
office  of  each  member  of  the  board  for  the  treatment  of  in- 
ebriates expires,  appointment  shall  be  made  for  his  successor 
on  the  commission  of  alcoholism  as  provided  in  section  3  of 
chapter  254  of  the  Laws  of  1947  as  herein  amended. 

3.    Takes   Effect.      This   act   shall    take   effect   upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  314. 


AN    ACT    RELATING    TO    THE    CARE,    TREATMENT    AND 
REHABILITATION  OF  SEXUAL  PSYCHOPATHS. 

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  the  frequency  of  sex  crimes  within  this  state  necessitates 
that  appropriate  measures  be  adopted  to  protect  society  more 
adequately  from  aggressive  sexual  offenders;  that  the  laws  of 
this  state  do  not  provide  for  the  proper  disposition  of  those 
who  commit  or  have  a  tendency  to  commit  such  crimes  and 
whose  actions  result  from  a  psychopathic  condition;  that 
society  as  well  as  the  individual  will  benefit  by  a  civil  commit- 
ment which  would  provide  for  indeterminate  segregation  and 
treatment  of  such  persons;  that  the  necessity  in  the  public 
interest  for  the  provisions  hereinafter  enacted  is  a  matter  of 
legislative  determination. 

2.  Definitions.  L  The  term  "sexual  psychopath"  as  used 
in  this  act  means  any  person  suffering  from  such  conditions  of 
emotional  instability  or  impulsiveness  of  behavior,  or  lack  of 


1949]  Chapter  314  423 

customary  standards  of  good  judgment,  or  failure  to  appre- 
ciate the  consequences  of  his  acts,  or  a  combination  of  any- 
such  conditions,  as  to  render  such  person  irresponsible  with  re- 
spect to  sexual  matters  and  thereby  dangerous  to  himself  or  to 
other  persons. 

II.  The  term  ''majority  of  the  examining  board"  as  used 
in  this  act  means  at  least  two  members  of  the  board  appointed 
by  the  court  under  paragraph  I  of  section  4. 

III.  The  commission  referred  to  in  this  chapter  shall  be 
the  commission  of  mental  health  established  by  section  34, 
chapter  17,  Revised  Laws,  as  amended  by  chapter  116,  Laws  of 
1943. 

3.  Inquiry.  L  Mandatory.  (1)  Whenever  a  person  is 
arrested  and  charged  with  one  or  more  of  the  following  sex 
offenses :  rape,  unnatural  and  lascivious  act,  bestiality,  sodomy, 
enticing  female  child,  or  any  attempt  to  commit  such  offenses, 
the  county  solicitor  shall  be  notified  immediately  and  shall 
within  seventy-two  hours  of  said  arrest  prepare  a  petition  re- 
questing the  superior  court  in  the  county  having  jurisdiction 
over  the  offense  charged,  to  conduct  an  inquiry  into  his  mental 
condition.  Where  the  offender  is  under  eighteen  years  of  age, 
the  petition  shall  be  filed  with  the  superior  court  in  such 
county,  and  the  provisions  of  chapter  132  of  the  Revised  Laws 
do  not  apply. 

(2)  No  person  charged  with  one  or  more  of  the  sex 
offenses  mentioned  in  (1)  above  shall  be  tried  therefor  until 
the  examining  board,  as  provided  in  section  4  below  has  filed  a 
report  of  the  result  of  its  examination,  and,  in  case  a  majority 
of  the  board  reports  that  the  accused  is  a  sexual  psychopath, 
until  a  decision  has  been  reached  upon  a  hearing  held  pursuant 
to  section  5. 

II.  Discretionary.  (1)  Whenever  facts  are  presented  to 
the  county  solicitor  which  satisfy  him  that  good  cause  exists 
for  judicial  inquiry  as  to  whether  a  person  is  a  sexual  psycho- 
path he  may  prepare  a  petition  setting  forth  such  facts  and 
requesting  a  court  to  conduct  an  inquiry  into  the  condition  of 
such  person.  The  petition  shall  be  executed  and  verified  by  a 
person  having  knowledge  of  the  facts  on  which  it  is  based. 
The  petition  shall  be  filed  with  the  superior  court  in  the  county 
in  which  such  alleged  sexual  psychopath  has  his  legal  settle- 
ment or  in  which  such  person  is  present,  and  when  such  alleged 


424  Chapter  314  [1949 

psycopath  is  under  eighteen  years  of  age,  the  petition  shall  be 
filed  with  the  superior  court  in  such  county,  and  the  provisions 
of  chapter  132  of  the  Revised  Laws  do  not  apply. 

(2)  Whenever  a  person  is  arrested  and  charged  with  the 
crime  of  incest,  the  superior  court  in  the  county  having  juris- 
diction over  the  offense  charged  shall  be  notified  immediately 
as  to  such  arrest  and  charge  and  may,  if  in  his  judgment  the 
circumstances  of  the  particular  case  require  it,  direct  the 
county  solicitor  to  file  a  petition  and  the  provisions  of  this  act 
shall  apply  in  like  manner  as  if  the  petition  had  been  required 
under  paragraph  I  of  this  section. 

(3)  Whenever  a  person  is  arrested  and  charged  with  lewd- 
ness or  indecent  exposure  the  county  solicitor  for  the  county 
in  which  the  person  so  charged  has  his  legal  settlement  or  in 
which  such  person  is  present,  shall  be  notified  im.mediately  and 
shall  forthwith  make  a  statement  to  be  recorded  in  the  court 
having  jurisdiction  advising  the  court  as  to  whether  or  not  he 
will  exercise  the  powers  conferred  upon  him  under  paragraph 
II  (1)  hereof.  In  the  event  that  he  elects  to  exercise  the  said 
powers  the  provisions  of  this  act  shall  apply  in  like  manner  as 
if  the  petition  had  been  required  under  paragraph  I  of  this 
section. 

4.  Examination.  I.  The  court  with  which  the  petition 
described  in  the  preceding  section  was  filed  shall  appoint  an 
examining  board  composed  of  two  psychiatrists,  qualified  by 
certification  or  its  equivalent,  holding  a  license  to  practice 
medicine  in  New  Hampshire,  and  one  physician  licensed  to 
practice  in  New  Hampshire,  at  least  one  of  whom  shall  be 
attached  to  the  medical  staff  of  a  state  mental  hospital,  to  ex- 
amine forthwith  the  alleged  sexual  psychopath  or  the  one 
accused  of  one  or  more  of  the  sex  offenses  stated  in  para- 
graph I  (1)  of  section  3  and  to  obtain  any  additional  in- 
formation in  their  opinion  necessary  to  ascertain  whether  the 
person  is  a  sexual  psychopath. 

II.  The  board  may  require  the  cooperation  of  any  state 
agencies  in  obtaining  and  furnishing  information.  The  board 
may  require  any  agency,  public  or  private,  to  furnish  copies  of 
any  information  or  records  in  the  possession  of  such  agency, 
without  court  order  and  notwithstanding  any  other  provisions 
of  the  law  as  to  use  or  availability  of  such  information  or 
records. 


1949]  Chapter  314  425 

III.  The  examining  board  so  appointed  shall  file  with  the 
court  by  which  they  were  appointed  a  written  report  of  the 
result  of  their  examination,  together  with  their  opinions,  con- 
clusions and  recommendations  and  any  evidenciary  facts  neces- 
sary to  support  same.  A  certified  copy  of  this  report  shall  be 
served  upon  the  person  examined  within  three  days  after  the 
filing  thereof  with  the  court. 

IV.  The  court  shall  determine  the  fees  to  be  paid  to  the 
examining  board  and  such  fees  together  with  its  expenses  shall 
be  a  charge  against  the  county  in  which  the  petition  is  filed. 

5.  Hearing.  I.  If  in  the  examination  provided  in  section  4 
the  majority  of  the  examining  board  makes  a  report  with  the 
finding  that  the  person  examined  is  a  sexual  psychopath,  with- 
in the  meaning  of  this  act,  the  court  shall  conduct  a  hearing 
upon  such  notice  as  it  deems  necessary  within  thirty  days  after 
the  receipt  of  said  report  and  such  report  shall  be  admissible 
as  evidence.  The  court  may,  in  its  discretion,  exclude  the 
general  public  from  attendance  at  such  hearing.  The  in- 
dividual concerning  whom  the  petition  is  filed  shall  be  entitled 
to  be  present  at  the  hearing  and  to  be  represented  by  counsel. 
If  the  court  determines  that  he  is  financially  unable  to  obtain 
counsel,  the  court  shall  appoint  counsel  to  represent  him.  He 
shall  be  entitled  to  have  subpoenas  issued  out  of  the  court  to 
compel  the  attendance  of  witnesses  in  his  behalf.  Reasonable 
fees  of  counsel  and  witness  fees  for  an  indigent  person  alleged 
to  be  a  sexual  psychopath  shall  be  allowed  by  the  court  and 
shall  be  a  charge  against  the  county  wherein  the  petition  is 
heard. 

II.  The  examining  board  which  made  the  examination 
pursuant  to  section  4  may  be  present  at  the  hearing  and  may 
be  called  on  to  testify  as  to  the  result  of  their  examination  and 
to  any  other  pertinent  facts  within  their  knowledge.  The 
county  solicitor  shall  appear  for  the  examining  board  and  cause 
witnesses  to  be  subpoenaed,  if  necessary,  in  support  of  the 
report. 

III.  Upon  such  hearing,  it  shall  be  competent  to  intro- 
duce evidence  of  the  commission  by  the  alleged  sexual  psycho- 
path of  any  prior  sex  acts  or  sex  crimes  together  with  any 
action  taken  in  the  way  of  punishment  or  otherwise. 

IV.  The  proceedings  had  shall  be  reduced  to  writing  and 
shall  be  part  of  the  records  of  the  court. 


426  Chapter  314  [1949 

V.  The  court  shall  make  an  order  determining'  whether 
or  not  the  person  proceeded  against  is  a  sexual  psychopath. 

VI.  There  shall  be  no  right  to  a  trial  by  jury  in  proceed- 
ing's under  this  section. 

6.  Commitment.  Any  person  determined  by  the  court  to 
be  a  sexual  psychopath  shall  be  committed  to  the  commission 
to  be  confined  to  the  institution  or  facihty  hereinafter  pro- 
vided. 

7.  Commission  of  Mental  Health.  I.  It  shall  be  the  duty 
of  the  commission  of  mental  health  to  administer  the  pro- 
visions of  this  chapter  as  it  relates  to  the  custody  and  treat- 
ment of  sexual  psychopaths.  The  commission  shall  establish 
and  maintain  a  state  psychopathic  institution  as  hereinafter 
provided,  but,  before  expending  any  money  hereinafter  appro- 
priated for  capital  expense,  shall  submit  plans  and  specifi- 
cations for  the  same  to  the  governor  and  council  for  their 
approval. 

II.  The  commission  shall  direct  periodic  examinations  of 
any  such  person  so  committed  with  the  view  to  determining 
the  progress  of  cure,  if  anj'-,  and  shall,  in  an  annual  report  sub- 
mitted to  the  court  by  which  he  was  committed,  give  a  medical 
finding  on  each  such  person.  These  reports  in  each  in- 
dividual's case  shall  not  be  destroyed  sooner  than  six  years 
after  a  final  determination  by  the  court,  pursuant  to  section  10, 
of  the  recovery  of  said  person  from  the  condition  of  sexual 
psychopathy. 

8.  Institution  Provided.  The  commission  shall  provide 
suitable  housing  and  facilities  for  the  detention  and  treatment 
of  sexual  psychopaths.  Such  housing  and  facilities  may  be  in 
a  separate  building  or  a  part  of  an  existing  building  and  may 
be  located  on  or  off  the  grounds  of  any  existing  state  insti- 
tution, but  shall  be  established  with  the  advice  and  consent  of 
the  governor  and  council,  and  shall  be  administered  as  a 
separate  institution  of  the  state.  Such  housing  and  facilities 
as  may  be  established  shall  provide  for  the  complete  segre- 
gation of  all  sexual  psychopaths  from  those  suffering  from 
other  forms  of  mental  illness.  It  shall  be  the  duty  of  the  com- 
mission to  provide  security,  detention,  housing,  care  and  treat- 
ment of  sexual  psychopaths.  The  institution  shall  be  main- 
tained for  the  psychiatric  and  psychologic  study  and  treatment 
of  such  sexual  psychopaths  as  may  be  committed  to  its  care 
for  that  purpose. 


1949]  Chapter  314  427 

9.  Director.  The  commission  shall  engage  a  director  for 
the  institution,  subject  to  the  approval  of  the  governor  and 
council,  at  a  salary  of  eight  thousand  dollars  per  annum,  and 
such  staff  members  and  employees  as  may  be  deemed  by  them 
necessary  for  the  conduct  of  the  institution.  They  may  make 
such  regulations  for  the  management  of  the  institution  as  is 
deemed  necessary  by  them. 

10.  Records  of  the  Commission.  Full  and  complete  records 
shall  be  kept  by  the  commission  of  the  treatment  and  care  of 
each  sexual  psychopath  committed  to  the  institution.  Such 
records  shall  not  be  open  to  the  inspection  of  any  other  person 
not  on  the  staff  of  the  board  except  that  a  justice  of  the 
superior  court  shall  on  application  make  an  order  to  permit 
examinations  of  the  records  when  in  his  judgment  the  ends 
of  justice  will  be  served.  Such  records  shall  be  admissible  in 
evidence. 

11.  Application  of  Provisions.  The  provisions  of  this 
chapter  in  so  far  as  they  relate  to  the  com.plete  segregation  of 
all  sexual  psychopaths,  to  the  establishment  of  a  separate  state 
psychopathic  institution  and  to  the  employment  of  a  director 
for  such  institution  shall  not  be  effective  until  such  time  as 
the  general  court  may  make  adequate  appropriations  for 
such  purposes.  Until  such  appropriations  are  made,  all  sexual 
psychopaths  shall  be  treated  by  the  existing  facilities  at  the 
state  hospital  and  such  segregation  of  sexual  psychopaths  shall 
be  made  as  may  be  necessary  under  the  facilities  existing  at 
said  state  hospital.  It  shall  be  the  duty  of  the  commission  to 
make  a  thorough  and  complete  study  as  to  the  size  and 
specifications  of  a  permanent  facility  for  the  housing  of  sexual 
psychopaths  in  this  state  and  the  results  of  their  study  shall 
be  reported  to  the  1951  session  of  the  general  court. 

12.  Discharge.  I.  If  the  person  proceeded  against  pur- 
suant to  paragraph  I  or  II  of  section  3  has  been  committed 
under  this  act,  whenever  thereafter  the  director  of  the  insti- 
tution wherein  he  is  confined  shall  notify  the  commission  that 
the  person  has  recovered,  or  that  his  mental  condition  has  im- 
proved to  such  an  extent  that  he  will  not  be  benefited  by 
further  treatment  and  that  he  is  no  longer  dangerous  to  him- 
self or  to  others,  the  commission  shall  recommend  his  release 
to  the  committing  court  and  shall  send  to  such  court  a  record 
of  the  case  containing  the  opinion  of  the  director  of  the  in- 
stitution wherein  he  was  confined. 


428  Chapter  314  [1949 

II.  The  sexual  psychopath  or  his  attorney  may  petition 
the  superior  court  at  any  time  for  his  release,  provided  that 
such  petition  is  accompanied  by  a  statement  under  oath  made 
by  a  qualified  psychiatrist  which  states  that  in  his  opinion  the 
sexual  psychopath  has  recovered  or  that  his  mental  condition 
has  improved  to  such  an  extent  that  he  will  not  be  benefited 
by  further  treatment  and  that  he  is  no  longer  dangerous  to 
himself  or  to  others. 

III.  Whenever  the  court  is  in  receipt  of  the  recommend- 
ation described  in  paragraph  I  or  the  petition  described  in 
paragraph  II  of  this  section,  it  shall,  after  hearing,  order  the 
discharge  of  such  person  unless  it  shall  be  found  at  the  hear- 
ing, upon  the  testimony  of  an  examining  board  constituted  and 
appointed  in  the  same  manner  as  provided  under  section  4. 
that  said  person  has  not  recovered,  or  that  his  mental  condition 
has  not  improved  to  such  an  extent  that  he  will  not  be  bene- 
fited by  further  treatment  and  that  he  remains  dangerous  to 
himself  or  to  others.  The  court  shall  order  such  person  to  be 
returned  to  custody  to  be  held  under  the  previous  commitment. 

13.  Trial  Upon  Original  Charge  Prohibited.  No  person 
described  in  section  3  who  is  found  to  be  a  sexual  psychopath, 
such  finding  having  become  final,  may  thereafter  be  tried  upon 
a  charge  or  indictment  arising  out  of  the  sex  offense  with 
which  he  was  accused  at  the  time  of  the  filing  of  the  petition 
pursuant  to  said  section. 

14.  Detention  Pending  Inquiry.  On  the  receipt  by  a  court 
of  the  petition  to  initiate  proceedings  pursuant  to  section  3, 
any  justice  of  the  superior  court,  if  in  his  opinion  the  public 
safety  so  requires,  may  deliver  to  the  sheriff  a  written  order 
requiring  him  forthwith  to  take  and  confine  the  person  alleged 
to  be  a  sexual  psychopath  in  some  specified  place  until  the  pro- 
ceedings provided  for  in  sections  3,  4  and  5  can  be  had  or  until 
further  order. 

15.  Person  Executing  Petition  for  Inquiry  Exempt  from 
Damages.  The  person  who,  acting  in  good  faith,  executed  the 
petition  for  inquiry  specified  in  paragraph  II  of  section  3  shall 
not  be  liable  in  damages  to  any  person  for  such  act. 

16.  Procedure  Where  Person  is  Adjudged  not  a  Sexual 
Psychopath.  If,  after  hearing,  the  court  shall  determine  that 
the  person  is  not  a  sexual  psychopath,  he  shall  immediately  be 
discharged ;  and  if  these  proceedings  were  brought  as  a  result 


1949]  Chapters  315,  316  429 

of  a  criminal  charge  enumerated  in  section  3  the  criminal  pro- 
ceedings shall  be  resumed  as  if  no  proceedings  under  this  act 
had  been  instituted. 

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

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

[Approved  July  28,  1949.] 


CHAPTER  315. 


an  act  relative  to  the  salary  of  the  director  of  the 
children's  study  home. 

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

1.  Salary.  The  annual  salary  of  the  director  of  the  chil- 
dren's study  home  established  by  chapter  279  of  the  Laws  of 
1947  shall  be  six  thousand  five  hundred  dollars. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949. 

[Approved  July  28,  1949.] 


CHAPTER  316. 


AN  ACT  relating  TO  THE  SALARY  OF  THE  SUPERINTENDENT 
OF  THE  STATE  HOSPITAL. 

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

1.  Superintendent  of  the  State  Hospital.  Notwithstanding 
the  provisions  of  section  1  of  chapter  250  of  the  Laws  of  1947, 
the  salary  of  the  superintendent  of  the  state  hospital  shall  be 
as  follows:     Minimum,   $10,000.     Maximum,  $10,500. 

2.  Takes  Effect.     This  act  shall  take  effect  July  1,  1949. 
[Approved  July  28,  1949.] 


430  Chapter  317  [1949 

CHAPTER  317. 

AN  ACT  RELATIVE  TO  MAKING  APPROPRIATIONS  FOR  AND  ON 

BEHALF  OF  THE  NEW  HAMPSHIRE  WING,  CIVIL  AIR 

PATROL. 

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

1.  Purpose.  It  is  hereby  found  and  declared  that  the 
utihzation  by  the  state  of  New  Hampshire  of  the  personnel, 
aircraft  and  equipment  of  the  New  Hampshire  Wing,  civil  air 
patrol  (the  official  Civilian  Auxiliary  of  the  United  States  Air 
Force)  is  necessary  in  the  event  of  disaster  such  as  fire,  flood, 
hurricane,  earthquake  and  for  the  proper  operation  of  a  state 
civil  defense  agency,  and  that  the  allocation  of  state  funds  for 
the  conditioning,  maintenance  and  operation  of  civil  air  patrol 
aircraft,  communications  facilities  and  other  equipment  now  in 
the  possession  of  the  New  Hampshire  Wing,  in  order  that  it 
may  be  available,  in  operational  condition,  and  manned  by 
civil  air  patrol  personnel,  at  all  times  to  the  civil  defense 
agency  and  to  any  or  all  other  state  agencies  in  the  event  of 
disaster  resulting  from  enemy  attack,  sabotage,  or  other 
hostile  action,  or  from  fire,  flood,  hurricane,  earthquake,  or 
other  natural  causes,  is  therefore  desirable. 

2.  Appropriations.  There  is  hereby  appropriated  for  the 
fiscal  year  ending  June  30,  1950,  the  sum  of  four  thousand 
dollars;  for  the  fiscal  year  ending  June  30,  1951,  the  sum  of 
three  thousand  dollars.  The  sums  hereby  appropriated  shall 
be  expended  to  carry  out  the  functions  and  operations  of  the 
New  Hampshire  Wing,  civil  air  patrol,  in  so  far  as  these  oper- 
ations and  functions  pertain  to  the  conditioning,  maintenance 
and  operation  of  the  equipment  now  in  the  possession  of  the 
New  Hampshire  Wing,  together  with  any  additional  equip- 
ment purchased,  assigned  or  donated  to  said  Wing,  provided 
that  no  part  of  said  sums  shall  be  expended  for  any  commit- 
ments made  prior  to  the  passage  of  this  act.  The  governor  is 
hereby  authorized  to  draw  his  warrants  for  the  sums  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

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

[Approved  July  28,  1949.] 


1949]  Chapters  318,  319  431 

CHAPTER  318. 

AN  ACT  RELATIVE  TO  EXTENSION  OF  A  SPECIAL  APPROPRIATION 
FOR  THE  FISH  AND  GAME  DEPARTMENT. 

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

1.  Extension  of  Appropriation  for  Fish  and  Game  Improve- 
ments. The  appropriation  made  under  the  provisions  of  section 
2  of  chapter  294  of  the  Laws  of  1947  for  improvements  and 
additions  to  hatcheries,  streams  and  rearing  stations  of  the  fish 
and  game  department  shall  not  lapse  until  June  30,  1951.  The 
authority  granted  by  section  3  of  said  chapter  294  to  issue 
bonds  and  notes  in  the  name  and  on  behalf  of  the  state  of  New 
Hampshire  to  provide  funds  for  the  appropriation  made  in 
section  2  of  said  chapter  shall  continue  for  the  extension  of 
time  provided  for  in  this  section. 

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

[Approved  July  28,  1949.] 


CHAPTER  319. 


AN  ACT  TO  SUPPLEMENT  THE  APPROPRIATION  FOR  THE 
LEGISLATIVE  DEPARTMENT. 

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

1.  Appi-opriation.  There  is  hereby  appropriated  the  sum 
of  $125,000  for  the  expenses  of  the  legislature  only.  Said 
appropriation  shall  not  lapse,  shall  not  be  transferred  to  any 
other  department,  institution  or  account.  There  is  hereby 
appropriated  an  additional  sum  of  $4,500  for  the  expenses  of 
the  last  constitutional  convention  only.  The  governor  is  here- 
by authorized  to  draw  his  warrant  for  the  sums  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

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

[Approved  July  28,  1949.] 


432  Chapter  320  [1949 

CHAPTER  320. 

AN  ACT  PROVIDING  FOR  A  DEFICIENCY  APPROPRIATION  FOR 
CERTAIN  STATE  DEPARTMENTS  AND  INSTITUTIONS. 

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

1.  Deficiency  Appropriation.  The  sum  of  two  hundred 
seventy-three  thousand  two  hundred  twenty-three  dollars  and 
ten  cents,  ($273,223,10)  is  hereby  appropriated  to  meet 
deficits  in  the  appropriations  for  the  fiscal  year  ending  June  30, 
1948  as  follows:  For  Glencliff  sanatorium,  four  thousand  four 
hundred  thirteen  dollars  and  fifty-seven  cents,  ($4,413.57) ; 
for  Laconia  state  school,  four  thousand  one  hundred  fifty-six 
dollars  and  fifteen  cents,  ($4,156.15) ;  for  state  prison,  five 
thousand  eighty-seven  dollars  and  sixty-five  cents,  ($5,087.65) ; 
for  state  hospital,  forty-five  thousand  nine  hundred  ninety-five 
dollars  and  two  cents,  ($45,995.02) ;  for  constitutional  con- 
vention, nineteen  thousand  nine  hundred  eight  dollars  and 
ninety-six  cents,  ($19,908.96) ;  for  state  treasury,  two  hundred 
eighty-three  dollars  and  forty  cents,  ($283.40) ;  for  state 
treasury  (bounties),  six  thousand  ninety  dollars  and  fifty 
cents,  ($6,090.50) ;  for  employees  retirement  system  normal 
contribution,  ten  thousand  seven  hundred  four  dollars  and 
twenty-eight  cents,  ($10,704.28) ;  for  forestry  and  recreation 
forest  fire  bills  to  towns,  one  hundred  seventy-six  thousand 
five  hundred  eighty-three  dollars  and  fifty-seven  cents, 
($176,583.57).  The  sum  of  one  hundred  sixty-six  thousand 
two  hundred  dollars,  ($166,200)  is  hereby  appropriated  to  meet 
deficits  for  the  state  hospital  for  the  fiscal  year  ending  June  30, 
1949.  The  governor  is  authorized  to  draw  his  warrant  for  the 
sums  hereinbefore  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

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

[Approved  July  28,  1949.] 


1949]  Chapter  321  433 

CHAPTER  321. 

AN  ACT  RELATING  TO  A  TRANSFER  OF  FUNDS  TO  THE  GENERAL 

FUNDS  OF  THE  STATE,  AND  CLARIFYING  THE  LAW 

RELATING  TO  THE  EMERGENCY  FUND. 

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

1.  Transfer  of  State  Funds.  A  sum  not  exceeding  four 
million  three  hundred  thousand  dollars  ($4,300,000)  for  the 
fiscal  year  ending  June  30,  1950,  and  a  sum  not  exceeding  five 
million  seven  hundred  thousand  dollars  ($5,700,000)  for  the 
fiscal  year  ending  June  30,  1951  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  de- 
termine, vi^ithin  the  limits  hereinbefore  provided,  may  trans- 
fer such  sums  from  said  special  fund  to  the  general  funds  of 
the  state. 

2.  Clarification.  Amend  section  44  of  chapter  27  of  the 
Revised  Laws  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  44.  Emergency  Fund.  There 
shall  be  an  emergency  fund  consisting  of  such  sums  as  may  be 
appropriated  for  that  purpose  by  the  general  court,  which  may 
be  expended  by  the  governor,  with  the  consent  of  the  council, 
to  aid  any  state  department  in  any  emergency  which  may 
arise,  to  supplement  any  appropriation  made  by  the  general 
court  which  shall  prove  inadequate  to  carry  on  essential 
functions  of  government  and  to  protect  the  interests  of  the 
state. 

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

[Approved  July  28,  1949.] 


434  Chapter  322  [1949 

CHAPTER  322. 

AN  ACT  MAKING  APPROPRIATIONS   FOR  CAPITAL  IMPROVEMENTS 

AND  LONG  TERM  REPAIRS  FOR  THE  STATE  OF 

NEW  HAMPSHIRE. 

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

1.  Appropriation.  The  sum  of  one  million  two  hundred 
ninety-nine  thousand  five  hundred  ninety-eight  dollars  is  here- 
by appropriated  for  the  purposes  and  in  the  amounts  specified 
in  this  section,  which  purposes  shall  include  such  related  im- 
provements, facilities,  equipment  and  furnishings  as  are 
necessary  to  complete  the  same. 

I.  For  the  industrial  school : 

Completion  of  recreation  building  $45,000 

Roads  2,000 

Water  1,800 

Spaulding  building  repairs  2,000 

Wilkins  cottage  signal  system  154 

Riverview  repairs  3,000 

Equip  new  annex  2,000 

Boys'  building — security  cells  18,000 

$73,954 


II.  For  adjutant  general: 

Armories 

Laconia 

$8,000 

Newport 

1,000 

Dover 

4,000 

Littleton 

1.500 

Berlin 

7,000 

Military  reservation  Concord 

12,000 

III.  For  forestry  and  recreation : 

Lake  Sunapee 

$16,000 

Toll  Gate  State  Park 

2.000 

Echo  Lake 

1,000 

Ragged  Neck 

5,000 

Silver  Lake  in  Hollis 

18,000 

33,500 


42,000 


)]                              Chapter  322 

'.  For  Laconia  state  school : 

Sewage  disposal 

$45,000 

Administrative  assistants  cottage 

9,000 

Freezing  units 

9,000 

Water  supply 

22,000 

435 


V.  For  state  hospital: 

Equip  and  furnish  nurses'  home      $46,100 
Completion  and  equipping 


infirmary 

154,500 

Boiler  house  improvements 

280,000 

Storage  building 

130,000 

Electrocardiograph 

850 

Kitchen  equipment,  Walker 

building 

8,000 

Laundry  equipment 

8,000 

Miscellaneous  equipment 

12,000 

Street  lights 

2,000 

Artesian  well 

2,000 

Coal  pocket 

6,594 

Gray  house  and  furnishings 

9,000 

Garage 

2,500 

Duplex  house  and  furnishings 

37,000 

VI.  For  state  prison: 

Refrigerating  system 

$3,800 

Motion  picture  equipment 

1,200 

VII.  For  buildings  and  grounds : 

Lights  for  senate  chamber 

$1,600 

Re-roof  state  library 

10,000 

85,000 


698,544 


5,000 


11,600 

VIIL  For  liquor  commission: 

Completion  of  warehouse  $100,000        100,000 
IX.  For  Plymouth  teachers  college: 

Remodel  Mary  Lyon  Hall  $120,000 
Rebuild  coal  storage  and  major 

repairs  20,000 

, 140,000 


436  Chapter  322  [1949 

X.  For  Glencliff  sanatorium: 

Hospital  building  addition  $300,000 

Remodel  women's  dormitory  12,000 

Remodel  laundry  10,000 


$322,000 


Unexpended  balances  from  the 
capital  budget  of  1947  avail- 
able for  use.  (This  balance 
shall  not  lapse  until  June  30, 
1952)  212,000 


Net  appropriation  110,000 


Total  capital  budget  $1,299,598 

2.  Additional  Appropriation.  The  sum  of  five  hundred 
seventy-five  thousand  dollars  is  hereby  appropriated  for  the 
purpose  of  the  construction,  equipment  and  furnishing  of  an 
office  building  for  highway  department,  motor  vehicle  depart- 
ment, and  state  police. 

3.  Expenditures.  The  appropriations  made  for  the  pur- 
poses mentioned  in  section  1  and  the  sums  made  available  for 
those  projects  shall  be  expended  by  the  trustees,  commission, 
or  department  head  of  the  institutions  and  departments  re- 
ferred to  therein,  provided  that  all  contracts  for  projects  and 
plans  and  specifications  therefor  shall  be  submitted  to  the 
governor  and  council  and  approved  by  the  governor  and  coun- 
cil prior  to  the  awarding  of  the  contracts.  The  appropriation 
made  and  the  sum  made  available  for  the  project  referred  to 
in  section  2  above  shall  be  expended  by  the  highway  depart- 
ment provided  that  all  contracts  for  projects  and  plans  and 
specifications  therefor  shall  be  submitted  to  the  governor  and 
council  and  approved  by  the  governor  and  council  prior  to  the 
awarding  of  the  contracts. 

4.  Federal  Assistance.  The  governor  and  council  are  here- 
by authorized  to  cooperate  with  and  enter  into  such  agree- 
ments with  the  federal  government,  or  any  agency  thereof,  as 
they  may  deem  advisable  to  secure  federal  funds  for  the  pur- 
poses hereof. 


1949]  Chapter  322  437 

5.  Contracts.  All  contracts  entered  into  by  the  state  for 
any  of  the  projects  hereinbefore  mentioned  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  of  general  cir- 
culation in  New  Hampshire,  provided  that  the  state  may  reject 
any  or  all  bids  and  provided  further  that  the  contract  for 
completion  of  recreation  building — $45,000,  in  paragraph  I  of 
section  1,  and  the  contract  for  completion  and  equipping  in- 
firmary— $154,500,  in  paragraph  V  of  section  1,  may  be 
negotiated  without  bids,  but  subject  to  approval  of  the  gover- 
nor and  council.  If  not  more  than  one  bid  is  received,  the 
governor  and  council  may  negotiate  a  contract  upon  terms 
which  it  may  deem  most  advantageous  to  the  state. 

6.  Use  of  Funds.  The  sums  as  appropriated  in  each  project 
of  section  1  shall  be  used  as  allotted  and  funds  not  used  shall 
lapse. 

7.  Bonds  aind  Notes  Authorized.  To  provide  funds  for  the 
appropriation  made  by  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  one  million  two  hundred  ninety-nine  thousand  five 
hundred  ninety-eight  dollars  and  to  provide  funds  for  the 
appropriation  made  in  section  2  hereof  not  exceeding  the  sum 
of  five  hundred  seventy-five  thousand  dollars  and  for  said  pur- 
poses 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  bonds  or  notes,  their  rate  of  in- 
terest, 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, 

8.  Payments.  The  payment  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  of  the 
Laws  of  1931  as  amended.  The  payment  of  principal  and  in- 
terest on  bonds  or  notes  issued  for  the  purpose  of  section  2 
shall  be  from  income  of  the  highway  department. 


438  Chapter  322  [1949 

9.  Proceeds  from  Sale,  The  proceeds  of  the  sale  of  said 
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.  The  governor,  with  the  advice  and  consent  of 
the  council,  shall  draw  his  warrants  for  the  payments  from  the 
funds  provided  for  herein  of  all  funds  expended  or  due  for  the 
purposes  herein  authorized. 

10.  Accounts.  The  secretary  of  state  shall  keep  an  account 
of  all  such  bonds  or  notes  countersigned  by  the  governor,  show- 
ing 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. 

11.  Short  Term  Notes.  Prior  to  the  issuance  of  the  bonds 
or  notes  hereunder,  the  treasurer,  under  the  direction  of  the 
governor  and  council,  may  for  the  purposes  hereof  borrow 
money  from  time  to  time  on  short  term  loans,  which  may  be 
refunded  by  the  issuance  of  the  bonds  or  notes  hereunder. 
Provided,  however,  that  at  no  one  time  shall  the  indebtedness 
of  the  state  on  such  short  term  loans  exceed  the  sum  of  one 
million  two  hundred  ninety-nine  thousand  five  hundred  ninety- 
eight  dollars  ($1,299,598)  for  the  purposes  of  section  1,  and  the 
sum  of  five  hundred  seventy-five  thousand  dollars  ($575,000) 
for  the  purposes  of  section  2. 

12.  Sale  of  Bonds  or  Notes.  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  advertise- 
ment calling  for  bids  has  been  published  at  least  once  in  each 
of  two  successive  calendar  weeks  in  a  newspaper  of  general 
circulation  in  New  Hampshire,  and  (3)  to  the  highest  bidder 
provided,  however,  that  the  governor  and  council  may  reject 
any  or  all  bids  and  may  negotiate  for  said  sale  upon  terms 
which  it  may  deem  most  advantageous  to  the  state. 

13.  Transfer  of  Funds.  On  or  before  July  1,  1950,  in  the 
event  that  there  are  unexpended  balances  of  the  amounts 
appropriated  by  chapter  294  of  the  Laws  of  1947,  the  governor 
and  council  may  authorize  any  such  unexpended  balances  to 
be  transferred  for  the  completion  of  any  of  the  projects  named 
in  section  1  of  said  chapter  294  of  the  Laws  of  1947.     Except 


1949]  Chapter  323  439 

as  provided  in  paragraph  X  of  section  1  any  unexpended 
balances  of  the  amounts  appropriated  by  chapter  294  not  ex- 
pended for  the  purposes  set  forth  in  said  act  or  transferred  as 
provided  by  this  section  shall  lapse  as  of  July  1,  1950. 

14.    Takes   Effect.      This   act   shall   take   effect   upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  323. 


an  act  making  appropriations  for  the  expenses  of  the 

state  of  new  hampshire  for  the  year  ending 

June  30,  1950. 

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

1.  Appropriations.  The  sums  hereinafter  mentioned 
are  appropriated  to  be  paid  out  the  treasury  of  the  state 
for  the  purposes  specified  for  the  fiscal  year  ending 
June  30,  1950,  to  wit: 

A  continuing  appropriation  which  shall  not  lapse,  shall 
not  be  transferred  to  any  department,  institution  or 
account,  and  which  shall  be  the  expenses  of  the  legis- 
lature, including  $9,600.00  for  the  office  of  legislative 
assistant  to  the  appropriations  and  finance  committees,  ■ 
as  provided  by  section  2,  chapter  296  of  the  Laws  of 
1947  $300,000.00 

(Salary  of  assistant  $6,200.00,  deputy  assistant 
$2,500.00,  current  expenses  $900.00) 
Council  of  state  governments  1,000.00 


Total  for  legislative  branch 

$301,000.00 

For  executive  branch : 

Office  of  governor : 

Salary  of  governor 

$6,000.00 

Salary  of  secretary 

4,000.00   ■ 

Other  personal  services 

6,546.00 

Current  expenses 

3,000.00 

Travel 

500.00 

Total 

$20,046.00 

440  Chapter  323  [1949 

Emergency  fund  $200,000.00 

Contingent  fund  7,500.00 


Total  governor's  office  $227,546.00 

For  governor's  council : 

Per  diem  (@  $10.00  per  diem)  $4,000.00 

Travel  2,500.00 


Total  governor's  council 

6,500.00 

Total  for  executive  branch 

$234,046.00 

For  judicial  branch : 

For  supreme  court: 

Salary  of  justices 

$47,770.00 

Salary  of  clerk  of  court 

2,720.00 

Salary  of  reporter 

2,600.00 

Other  personal  services 

2,491.00 

Current  expenses 

3,300.00 

Travel 

1,000.00 

N.  H.  supreme  court  reports 

3,500.00 

Total 

$63,381.00 

Less  estimated  revenue 

270.00 

Net  appropriation 

$63,111.00 

For  superior  court : 

Salary  of  judges 

$57,000.00 

Other  personal  services 

100.00 

Current  expenses 

3,350.00 

Travel 

6,500.00 

Total  66,950.00 

For  referees  and  masters: 

Salary  of  referees  $3,600.00 

Current  expenses  50.00 

Total  3,650.00 


1949]  Chapter  323  441 

For  judicial  council*  $1,000.00 

For  probate  court: 


Salary  of  judges 

$23,600.00 

Salary  of  registers 

24,060.00 

Salary  of  deputies 

11,075.00 

Total 

$ 

58,735.00 

Total  for  judicial  branch 

193,446.00 

For  adjutant  general's  department: 

Office  of  adjutant  general: 

Salary  of  adjutant  general 

$6,700.00 

Other  personal  services 

11,589.00 

Current  expenses 

3,000.00 

Equipment 

1,000.00 

Total 

$22,289.00 

National  guard : 

Personal  services 

$14,766.00 

Current  expenses 

12,150.00 

Travel 

2,000.00 

Total 

28,916.00 

Armories : 

Personal  services 

$30,000.00 

Current  expenses 

38,700.00 

Travel 

200.00 

Equipment 

750.00 

Total 

69,650.00 

Rifle  ranges : 

Personal  services 

$1,993.00 

Current  expenses 

1,225.00 

Equipment 

250.00 

Total 

3,468.00 

*      The  funds  in  this  appropriation  shall  be  available  for  ex- 
penditure until  June  30,  1951,  only. 


442 


Chapter  323 

[1949 

Officers'  uniform  allowance 

$6,250.00 

Photostating : 

Personal  services                          $2,253.00 

Current  expenses                            1,100.00 

Total  3,353.00 

Maintenance  Grenier  field : 


Personal  services 

$4,623.00 

Current  expenses 

3,300.00 

Equipment 

250.00 

Total 

Maintenance  Concord  military 

reservation : 

Current  expenses 

$3,125.00 

Equipment 

500.00 

8,173.00 


Total 

3,625.00 

Drill  expenses — travel 

1,000.00 

War  service  recognition ; 

Current  expenses 

300.00 

Total  adjutant  general's 

department    $147,024.00 

Less  estimated  revenue 

2,500.00 

Total  net  appropriation 

$144,524.00 

3r  department  of  agriculture 

Office  of  commissioner : 

Salary  of  commissioner 

$5,200.00 

Other  personal  services 

16,479.90 

Current  expenses 

2,885.00 

Travel 

6,000.00 

Equipment 

175.00 

Other  expenditures 

10,000.00 

Total  $40,739.90 

Bureau  of  markets : 

Personal  services  $15,963.30 

Current  expenses  11,271.50 


1949]  Chapter  323  443 

Travel  $3,000.00 

Other  expenditures  850.00 

31,084.80 


Total 

Division  of  animal  husbandry : 

Salary  of  state  veterinarian 

$4,940.00 

Other  personal  service 

22,254.3'0 

Current  expenses 

5,967.00 

Travel 

4,000.00 

Other  expenditures 

38,010.00 

Total  75,171.30 

Insect  and  plant  disease  suppression 
and  control: 
Personal  services  $13,848.30 

Current  expenses  1,085.00 

Travel  2,000.00 

Equipment  350.00 


Total  17,283.30 

Grants:* 
Board  of  Veterinary  Examiners    200.00 


Total  for  department  of  agriculture    $164,479.30 

For  attorney  general : 

Office  of  attorney  general : 

Salary  of  attorney  general 

$6,600.00 

Salary  of  assistant  attorney 

general 

4,600.00 

Other  personal  services 

21,854.00 

Current  expenses 

2,000.00 

Travel 

900.00 

Equipment 

400.00 

Total 

$36,354.00 

*     The  provisions  of  section  8,  chapter  231  of  the  Revised  Lav?s 
is  suspended  for  the  fiscal  year  ending  June  30,  1950. 


444 


Chapter  323 

[19^ 

Register  of  public  trusts : 

Director 

$3,500.00 

Personal  services 

2,951.00 

Current  expenses 

425.00 

Travel 

200.00 

Equipment 

100.00 

Total 

7,176.00 

Fees  for  registers  of  probate 

4,250.00 

Legacy  tax : 

Current  expenses 

$1,300.00 

Travel 

100.00 

Equipment 

300.00 

Total 

1,700.00 

Total  for  attorney  general 

$49,480.00 

For  comptroller : 

Office  of  comptroller : 

Salary  of  comptroller 

$6,200.00 

Other  personal  services 

39,370.00 

Current  expenses 

4,575.00 

Travel 

2,000.00 

Equipment 

295.00 

Total 

$52,440.00 

Travel  bureau: 

Personal  services 

$5,033.00 

Current  expenses 

275.00 

Total 

5,308.00 

Other  expenditures : 

State  House  Annex  sinking  fund 

16,000.00 

2%  Assessment — state  police 

9,000.00 

Firemen's  relief 

4,000.00 

League  of  N.  H.  Arts  and  Crafts 

6,000.00 

Atlantic  Marine  Fisheries 

700.00 

Classification  plan  board 

irtment 

750.00 

Total  for  comptroller's  depj 

$94,198.00 

1949] 


Chapter  323  445 


For  forestry  and  recreation  commission: 
For  forestry: 
Administration : 

Salary  of  forester  $5,470.00 

Other  personal  services  19,177.33 

Current  expenses  4,075.00 

Travel  650.00 

Equipment  250.00 


Total 

Nursery : 

Personal  services 
Current  expenses 
Equipment 

$8,495.00 

3,195.00 

150.00 

Total 

Reforestation: 
Personal  services 
Travel 

$1,745.00 
900.00 

Total 

District  fire  supervision : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$7,926.75 

1,100.00 

2,000.00 

250.00 

$29,622.33 


11,840.00 


2,645.00 


Total  11,276.75 

Lookout  stations: 

Personal  services  26,250.00 

Fire  control  training: 

Current  expenses  $1,800.00 

Other  expenditures  3,000.00 


Total  4,800.00 

Prevention  of  fires : 

Personal  services  $4,911.00 

Current  expenses  2,575.00 

Travel  300.00 


446  Chapter  323  [1949 

Equipment  $2,000.00 

Other  expenditures  1,000.00 


Total  10,786.00 

Forest  fire  bills  to  towns  10,000.00 

White  pine  blister  rust  control: 

Personal  services  $10,493.00 

Current  expenses  900.00 

Travel  850.00 


Total 

12,243.00 

Federal  Norris-Doxey  Co- 

operative Program: 

Personal  services 

$7,250.00 

Current  expenses 

664.00 

Travel 

3,250.00 

Equipment 

150.00 

Total 

11,314.00 

Total  for  forestry 

$130,777.08 

For  recreation : 

General : 

Salary  of  director 

$5,260.00 

Other  personal  services 

98,076.00 

Current  expenses 

113,515.00 

Travel 

6,000.00 

Equipment 

23,000.00 

Other  expenditures: 

Interest  on  bonds 

4,000.00 

Wallis  Sands  project 

1,000.00 

Total 

$250,851.00 

Franconia  notch : 

Managing  director 

$6,205.00 

Other  personal  services 

64,132.00 

Current  expenses 

79,100.00 

Travel 

1,000.00 

1949]  Chapter  323  447 

Equipment  $8,000.00 


Total  158,437.00 

Mount  Sunapee  state  park: 

Managing  director  $4,500.00 

Other  personal  services  50,290.15 

Current  expenses  31,100.00 

Travel  1,000.00 

Equipment  5,500.00 
Other  expenditures: 

Stock  in  trade  40,000.00 

Bonds — principal  and 

interest  30,100.00 


Total  162,490.15 


Total  for  recreation  $571,778.15 

*Less  estimated  revenue  570,778.15 


Net  appropriation  for  recreation  $1,000.00 

For  insurance  department: 
Office  of  commissioner : 

Salary  of  commissioner  $6,200.00 

Salary  of  deputy  commissioner  5,260.00 
Other  personal  services  19,403.00 

Current  expenses  5,430.00 

Travel  1,100.00 

Equipment  300.00 

Total 
For  rating  division : 
Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Total  for  insurance  department 


$3,846.00 

1,800.00 

500.00 

500.00 

$37,693.00 

6,646.00 

:ment 

$44,339.00 

*  In  the  above  appropriation  any  revenue  in  excess  of  the 
estimate  shall  be  available  for  such  expenditure  as  the  governor 
and  council  shall  approve. 


448  Chapter  323  [1949 

For  bureau  of  labor : 
Office  of  commissioner : 


Salary  of  commissioner 

$5,440.00 

Other  personal  services 

6,970.00 

Current  expenses 

2,025.00 

Travel 

1,500.00 

Equipment 

300.00 

Total 

$16,235.00 

Minimum  wage: 

Personal  services 

$5,681.00 

Current  expenses 

840.00 

Travel 

2,000.00 

Total 

8,521.00 

Factory  inspection: 

Personal  services 

$11,171.00 

Current  expenses 

1,000.00 

Travel 

3,000.00 

Total 

15,171.00 

Industrial  accident  commission 

: 

Personal  services 

$10,925.00 

Current  expenses 

4,075.00 

Travel 

200.00 

Equipment 

150.00 

Total 

15,350.00 

New  Hampshire  apprenticeship  council : 

Current  expenses 

- 

500.00 

Total  for  bureau  of  labor 

$55,777.00 

For  motor  vehicle  department : 
Administration : 

Salary  of  commissioner  $5,940.00 

Salary  of  deputy  commissioner    5,000.00 
Other  personal  services  105,755.00 

Current  expenses  120,000.00 


1949]  Chapter  323  449 

Travel  $2,000.00 

Equipment  6,000.00 
Other  expenditures: 

Employees'  retirement  8,800.00 

$253,495.00 


Total 

< 

Gasoline  road  toll : 

Personal  services 

$14,704.00 

Current  expenses 

2,600.00 

Travel 

2,500.00 

Equipment 

500.00 

Total 

Motor  vehicle  patrol : 

Personal  services 

$37,121.00 

Current  expenses 

1,200.00 

Travel 

22,000.00 

Equipment 

9,000.00 

20,304.00 


Total  69,321.00 


Total  for  motor  vehicle  department      $343,120.00 
Less  revenue  343,120.00 


Net  appropriation 

0.00 

For  purchasing  agent: 

Salary  of  purchasing  agent 

$5,820.00 

Other  personal  services 

23,099.00 

Current  expenses 

4,150.00 

Travel 

150.00 

Equipment 

400.00 

Total  for  purchasing  agent 

$33,619.00 

For  secretary  of  state : 
Office  of  secretary : 

Salary  of  secretary  $5,880.00 

Salary  of  deputy  secretary  4,320.00 


450 


Chapter  323 

[19 

Other  personal  services 

$16,047.00 

Current  expenses 

2,100.00 

Travel 

400.00 

Equipment 

200.00 

Other  expenditures : 

Secretaries  convention 

1,500.00 

Total 

$30,447.00 

Direct  primary: 

Personal  services 

$50.00 

Current  expenses 

6,700.00 

Travel 

50.00 

Total 

6,800.00 

General  election: 

Current  expenses 

7,700.00 

Photostat  division: 

Personal  services 

$3,105.00 

Current  expenses 

625.00 

Total 

- 

3,730.00 

Total  for  secretary  of  state 

$48,677.00 

For  state  library : 
Administration : 

Salary  of  librarian  $3,950.00 
Salary  of  assistant  librarian        3,260.00 

Other  personal  services  41,352.98 

Current  expenses  6,250.00 

Travel  700.00 

Equipment  10,800.00 
Other  expenditures: 

Microfilming  1,000.00 

War  records  5,000.00 

Total  $72,312.98 


1949]  Chapter  323  451 

Extension : 

Current  expenses  $3,500.00 

Travel  2,250.00 

Equipment  8,000.00 
Other  expenditures: 

Summer  institute  400.00 


Total  $14,150.00 

State  aid  1,000.00 


Total  for  state  library  $87,462.98 

For  state  police: 

Salary  of  superintendent  $5,940.00 

Other  personal  services  204,941.00 

Current  expenses  79,675.00 

Travel  17,000.00 

Equipment  30,000.00 


Total  for  state  police  $337,556.00 

Less  transfer  from  highway  fund  286,920.00 


Net  appropriation  $50,636.00 


For  buildings  and  grounds: 

General : 

Salary  of  superintendent 

$3,700.00 

Other  personal  services 

92,335.50 

Current  expenses 

61,271.00 

Equipment 

50.00 

Other  expenditures : 

Toilets  for  legislature 

1,400.00 

Library  lights 

500.00 

Repairs  state  house  roof 

1,500.00 

Hannah  Dustin  bridge 

600.00 

Total 

$161,356.50 

452  Chapter  323  [1949 

Mailing  division: 

Personal  services  $5,737.00 

Current  expenses  700.00 

Equipment  229.00 


Total  6,666.00 

Franklin  Pierce  homestead: 

Personal  services  $355.00 

Current  expenses  300.00 


Total  655.00 

Daniel  Webster  birthplace: 

Personal  services  $250.00 

Current  expenses  875.00 

Travel  29.00 


Total  1,154.00 


Total  for  buildings  and  grounds          $169,831.50 

For  state  treasury: 
Office  of  treasurer : 

Salary  of  treasurer  $5,880.00 

Salary  of  deputy  3,760.00 

Other  personal  services  25,295.50 

Current  expenses  6,365.00 

Travel  200.00 

Equipment  150.00 


Total 

Highway  division: 
Personal  services 
Current  expenses 
Equipment 

$41,650.50 

$7,366.50 
4,900.00 
1,000.00 

Total 

Less  transfer  from  high- 
way fund 

$13,266.50 
13,266.50 

Net  appropriation  0.00 


1949]  Chapter  323  453 

Intangible  tax : 

Personal  services  $3,180.00 

Current  expenses  375.00 


Total 

$3,555.00 

Less  revenue 

3,555.00 

Net  appropriation 

0.00 

Bounties 

15,000.00 

Trust  funds 

- 

37,087.27 

Total  for  state  treasury 

$93,737.77 

For  weights  and  measures: 

Salary  of  commissioner 

$4,700.00 

Other  personal  services 

11,715.00 

Current  expenses 

2,000.00 

Travel 

3,000.00 

Equipment 

200.00 

Total  for  weights  and  measures 

$21,615.00 

For  industrial  school : 

Administration : 

Salary  of  superintendent 

$5,260.00 

Other  personal  services 

9,239.70 

Current  expenses 

2,460.00 

Travel 

950.00 

Equipment 

200.00 

Total 

- 

$18,109.70 

Instruction : 

Personal  services 

$9,994.80 

Current  expenses 

1,300.00 

Equipment 

750.00 

Total  12,044.80 

Custodian  care: 

Personal  services  $42,378.40 


454 


Chapter  323 


[1949 


Current  expenses 
Equipment 


Total 

Total  for  industrial  school 
Less  revenue 

Net  appropriation 


$28,150.00 
2,000.00 


Total 

Auxiliary  to  custodian  care: 

Personal  services 

$5,732.00 

Current  expenses 

200.00 

Travel 

300.00 

Equipment 

500.00 

Total 

Operation  of  plant: 

Personal  services 

$4,095.30 

Current  expenses 

25,000.00 

Equipment 

500.00 

Total 

Maintenance  of  plant: 

Personal  services 

$7,198.30 

Current  expenses 

3,200.00 

Equipment 

300.00 

Total 

Agriculture : 

Personal  services 

$4,963.00 

Current  expenses 

22,400.00 

Equipment 

1,000.00 

Total 

Parole : 

Personal  services 

$2,018.70 

Current  expenses 

250.00 

Travel 

1,500.00 

Equipment 

350.00 

72,528.40 


6,732.00 


29,595.30 


10,698.30 


28,363.00 


4,118.70 

$182,190.20 
2,750.00 

$179,440.20 


1949]  Chapter  323  455 

For  Laconia  state  school: 
Administration : 

Salary  of  superintendent  $5,600.00 

Other  personal  services  10,618.25 

Current  expenses  1,250.00 

Travel  1,500.00 

Equipment  125.00 


Total 

Professional  care  and  treatment : 

Personal  services                     $108,655.00 
Current  expenses                           4,535.00 
Travel                                                  50.00 
Equipment                                          225.00 

$19,093.25 

Total 

Custodial  care: 
Personal  services 
Current  expenses 
Travel 
Equipment 
Other  expenditures 

$35,095.00 

90,000.00 

30.00 

1,500.00 

100.00 

113,465.00 

Total 

Operation  of  plant: 
Personal  services 
Current  expenses 

$15,155.00 

40,000.00 

126,725.00 

Total 

Maintenance  of  plant : 
Personal  services 
Current  expenses 

$10,751.00 
4,865.00 

55,155.00 

Total  15,616.00 

Agriculture : 

Personal  services  $30,618.00 

Current  expenses  60,000.00 


456 


Chapter  323 

Travel 
Equipment 

[19^ 

$35.00 

30.00 

Total 

90,683.00 

Total  for  Laconia  state  school 
Less  revenue 

$420,737.25 
1,000.00 

Net  appropriation 

$419,737.25 

For  soldiers'  home : 

Office  of  the  commandant : 

Salary  of  commandant  $2,760.00 

Other  personal  services  1,791.00 

Current  expenses  515.00 

Travel  75.00 


Total 

Custodial  care : 

Personal  services 

$9,745.00 

Current  expenses 

13,000.00 

Total 

Professional  care  and  treatment 

Personal  services 

$6,844.00 

Current  expenses 

900.00 

Total 

Operation  of  plant: 

Personal  services 
Current  expenses 

Total 

Maintenance  of  plant 
Current  expenses 


$7,878.16 
5,595.80 


$5,141.00 


22,745.00 


7,744.00 


13,473.96 


625.00 


Total  for  soldiers'  home 


$49,728.96 


1949]  Chapter  323  457 

For  state  hospital: 
Administration : 

Salary  of  superintendent  $10,000.00 

Other  personal  services  96,643.00 

Current  expenses  11,565.00 

Travel  3,900.00 

Equipment  500.00 

Total  $122,608.00 

Professional  care  and  treatment : 

Personal  services  $675,000.00 

Current  expenses  46,602.00 

Travel  2,075.00 

Equipment  4,500.00 


Total 

Custodial  care: 
Personal  services 
Current  expenses 
Travel 
Equipment 

728,177.00 

$226,555.00 

521,415.00 

75.00 

12,500.00 

Total 

Operation  of  plant: 
Personal  services 
Current  expenses 
Travel 
Equipment 

760,545.00 

$59,832.00 
215,000.00 

1,400.00 

3,500.00 

Total 

Maintenance  of  plant : 
Personal  services 
Current  expenses 
Travel 
Equipment 

279,732.00 

$80,805.00 

15,880.00 

80.00 

1,200.00 

Total  97,965.00 


458  Chapter  323  [1949 

Agriculture : 

Personal  services  $29,440.00 

Current  expenses  Q7,S10.00 

Travel  50.00 

Equipment  3,311.00 


Total 

100,171.00 

Total  for  state  hospital 

$2,089,198.00 

Less  revenue 

6,300.00 

Net  appropriation 

$2,082,898.00 

For  state  prison: 

Administration : 

Salary  of  warden 

$5,680.00 

Other  personal  services 

7,697.00 

Current  expenses 

981.00 

Travel 

500.00 

Equipment 

350.00 

Total 

$15,208.00 

Instruction : 

Personal  services 

2,700.00 

Custodial  care: 

Salary  of  deputy  warden 

$3,035.00 

Other  personal  expenses 

91,671.00 

Current  expenses 

80,840.€0 

Equipment 

1,100.00 

Total 

176,646.00 

Auxiliary  to  prison  care: 

Personal  services 

$6,000.00 

Current  expenses 

4,680.00 

Other  expenditures — awards 

1,250.00 

Total  11,930.00 


1949]  Chapter  323  459 


Chapter  323 

Operation  of  plant : 

Personal  services 

$5,022.00 

Current  expenses 

7,800.00 

Total 

Maintenance  of  plant: 

Current  expenses 

Agriculture : 

Personal  services 

$6,905.00 

Current  expenses 

18,045.00 

Total 

$24,950.00 

Less  transfer 

12,000.00 

Net  total 

Parole  : 

Personal  services 

$10,700.00 

Current  expenses 

1,560.00 

Travel 

3,000.00 

Equipment 

175.00 

12,822.00 
9,667.50 


12,950.00 


Total  15,435.00 


Total  for  state  prison  $257,358.50 

Less  revenue  16,028.00 


Net  appropriation  $241,330.50 


For  state  sanatorium : 

Administration : 

Salary  of  superintendent 

$5,700.00 

Other  personal  services 

4,150.00 

Current  expenses 

1,335.00 

Travel 

1,100.00 

Equipment 

150.00 

Total 

$12,435.00 

460 


Chapter  323 


[1949 


Professional  care: 
Personal  services 
Current  expenses 
Equipment 

Total 

Custodial  care: 

Personal  services 
Current  expenses 
Equipment 

Total 
Operation  of  plant: 


$52,192.00 

9,010.00 

600.00 


$22,457.00 

38,950.00 

250.00 


61,802.00 


61,657.00 


Personal  services 

$17,728.00 

Current  expenses 

20,305.00 

Equipment 

500.00 

Total 

38,533.00 

Maintenance  of  plant: 

Personal  services 

$500.00 

Current  expenses 

3,350.00 

Equipment 

250.00 

Total 

4,100.00 

Agriculture : 

Personal  services 

$5,694.00 

Current  expenses 

8,111.00 

Equipment 

1,090.00 

Total 

14,895.00 

Total  for  state  sanatorium 


$193,422.00 


For  University  of  New  Hampshire : 
Millage  fund* 


$950,000.00 


*  This  amount  to  be  in  lieu  of  the  amount  provided  by  section 
18,  chapter  222  of  the  Revised  Laws,  as  amended  by  section  1,  chap- 
ter 37  of  the  Laws  of  1947,  which  said  sections  are  hereby  sus- 
pended for  the  fiscal  year  ending  June  30,  1950. 


1949]  Chapter  323  461 

Extension  work  in  counties  $61,000.00 


Total 

$1,011,000.00 

For  barbers'  board : 

Personal  services 

$2,793.00 

Current  expenses 

516.00 

Travel 

board 

800.00 

Total  for  barbers' 

$4,109.00 

Less  revenue 

4,109.00 

Net  appropriation  0.00 

For  chiropractic  examiners: 

Personal  services  $375.00 

Current  expenses  200.00 

Travel  325.00 


Total  for  chiropractic  examiners  $900.00 

For  board  of  education : 
Administration : 

Salary  of  commissioner  $8,450.00 

Salary  of  deputy  3,414.00 

Other  personal  services  74,214.85 

Current  expenses  14,000.00 

Travel  10,000.00 

Equipment  2,000.00 


Total  $112,078.85 

Equalization : 

Transportation,  etc.  $4,000.00 

*  State  aid  to  school  districts  400,000.00 


Total  404,000.00 


*      This  sum  to  be  distributed  in  accordance  with  the  provisions 
of  section  2  hereof. 


462  Chapter  323  [1949 

State  wide  supervision : 

Personal  services  (net)  $120,025.00 

Other  expenditures: 

Superintendents'  conference    1,750.00 


Total 

121,775.00 

Smith-Hughes — (state)  : 

Personal  services 

$5,365.20 

Current  expenses 

250.00 

Travel 

1,200.00 

Total  6,815.20 

Vocational  rehabilitation  (state)  : 

Current  expenses  $18,900.00 

Travel  500.00 

Equipment  600.00 


Total 

20,000.00 

George  Barden  (state)  : 

Personal  services 

$6,358.40 

Current  expenses 

300.00 

Travel 

2,000.00 

Total 

8,658.40 

State  trade  school — Manchester 

Personal  services 

$79,324.07 

Current  expenses 

25,420.00 

Travel 

500.00 

Equipment 

5,000.00 

Other  expenditures 

150.00 

Total 

110,394.07 

State  trade  school — Portsmouth: 

Personal  services  $55,629.00 

Current  expenses  24,600.00 

Travel  expenses  600.00 

Equipment  2,500.00 

Total  83,329.00 


1949]  Chapter  323  463 

Trade  school  division 
(Concord  Office)  : 
Personal  services  $9,567.00 

Current  expenses  1,500.00 

Travel  1,000.00 

12,067.00 


Total 

Area  vocational  schools : 

Personal  services 

$1,923.00 

Current  expenses 

400.00 

Travel 

1,200.00 

Equipment 

10,000.00 

Other  expenditures : 

Reimbursements  to  school 

districts 

82,000.00 

Total  95,523.00 

On-the-job  training  for  veterans : 


Current  expenses 

$2,660.00 

Equipment 

350.00 

Total 

3,010.00 

School  lunch  program: 

Personal  services 

$4,800.00 

Current  expenses 

900.00 

Travel 

1,000.00 

Total 

6,700.00 

Keene  teachers  college : 

Personal  services 

$251,430.00 

Current  expenses 

153,600.00 

Travel 

1,500.00 

Equipment 

6,000.00 

Total 

412,530.00 

Plymouth  teachers  college : 

Personal  services 

$171,000.00 

Current  expenses 

91,025.00 

464  Chapter  323  [1949 

Travel  $1,000.00 

Equipment  8,500.00 


Total  271,525.00 

Education  of  deaf: 

Current  expenses  $40,000.00 

Equipment  1,000.00 


Total  41,000.00 

Board  of  nurse  examiners  3,750.00 


Total  for  board  of  education  $1,713,155.52 

Less  revenue  610,375.00 


Net  appropriation  $1,102,780.52 


In  addition  to  the  above  appropriation  said  department  shall 
receive  for  disbursement  the  income  of  the  teachers  colleges'  dor- 
mitories and  practice  schools,  revenue  from  tuitions  received  by  the 
Manchester  and  Portsmouth  state  trade  schools,  and  the  sums  paid 
by  school  districts  for  the  salaries  of  superintendents  under  section 
44,  chapter  135  of  the  Revised  Laws.  In  this  department  any 
balance,  excepting  the  equalization  fund,  which  may  be  unexpend- 
ed in  any  fiscal  year,  shall  be  placed  in  a  special  fund  available  for 
use  for  maintenance  purposes  the  following  year  by  and  with  the 
consent  of  the  governor  and  council. 


For  board  of  health : 
Administration : 

Salary  of  state  health  officer  $7,260.00 

Other  personal  services  9,253.00 

Current  expenses  12,955.24 

Ti-avel  200.00 


Total  $29,668.24 

Finance : 

Personal  services  $10,343.00 

Current  expenses  950.00 

Equipment  200.00 

Total  11,493.00 


1949] 


Chapter  323 


465 


Hospital  services : 

Personal  services 
Current  expenses 
Travel 


$8,528.00 
200.00 
300.00 


Total 

Vital  statistics : 

Personal  services 

$11,062.00 

Current  expenses 

1,650.00 

Total 

Public  health  nursing: 

Personal  services 

$29,666.00 

Current  expenses 

2,166.60 

Travel 

4,800.00 

Total 

Communicable  disease  control : 

Personal  services 

$22,831.40 

Current  expenses 

60,000.00 

Travel 

1,500.00 

Equipment 

300.00 

Total 

Dental  services: 

Personal  services 

$11,993.00 

Current  expenses 

1,466.00 

Travel 

800.00 

Total 

Maternal  and  child  health  and 
crippled  children : 
Personal  services 
Current  expenses 
Travel 


$16,484.00 

5,000.00 

400.00 


9,028.00 


12,712.00 


36,632.60 


84,631.40 


14,259.00 


Total 


21,884.00 


466  Chapter  323  [1949 

Industrial  hygiene : 

Personal  services  $16,461.00 

Current  expenses  700.00 

Travel  1,500.00 

Equipment  1,075.00 


Total  19,736.00 

Diagnostic  laboratories : 

Personal  services  $20,905.00 

Current  expenses  4,950.00 

Travel  100.00 

Equipment  500.00 

Other  expenditures  1,420.00 

27,875.00 


Total 

Food  and  chemistry : 

Personal  services 

$40,262.50 

Current 

2,300.00 

Travel 

11,100.00 

Equipment 

500.00 

Total 

Sanitary  engineering: 

Personal  sei-vices 

$23,712.50 

Current  expenses 

1,450.00 

Travel 

4,000.00 

Equipment 

500.00 

54,162.50 


Total  29,662.50 


Total  for  board  of  health  $351,744.24 

Less  revenue  1,040.00 


Net  appropriation  $350,704.24 

For  board  of  registration  in  medicine: 
Personal  services  $525.00 

Current  expenses  250.00 


1949]  Chapter  323  467 


Travel 
Equipment 

Chapter 

323 

$275.00 
50.00 

Total 

Less  revenue 

$1,100.00 
1,100.00 

Net  appropriation  0.00 

For  board  of  optometry  : 

Personal  services  $150.00 

Current  expenses  150.00 

Travel  50.00 


Total  for  board  of  optometry 

$350.00 

For  board  of  inebriates: 

Salary  of  executive  director 

$5,000.00 

Other  personal  services 

8,736.00 

Current  expenses 

3,510.00 

Travel 

1,250.00 

Equipment 

450.00 

Total  for  board  of  inebriates 

$18,946.00 

For  board  of  fire  control : 

Salary  of  fire  marshal 

$5,000.00 

Other  personal  services 

7,742.00 

Current  expenses 

2,500.00 

Travel 

2,000.00 

Total  for  board  of  fire  control                $17,242.00 

For  milk  control  board : 

Personal  services 

$9,353.00 

Current  expenses 

950.00 

Travel 

1,500.00 

Total  for  milk  control  board  $11,803.00 


468  Chapter  323  [1949 

For  probation  board: 

Personal  services  $61,538.00 

Current  expenses  6,575.00 

Travel  13,000.00 

Equipment  1,000.00 


Total  for  probation  board 

$82,113.00 

For  board  of  public  welfare : 

Administration : 

Salary  of  commissioner 

$5,700.00 

Other  personal  services 

64,766.00 

Current  expenses 

17,485.00 

Travel 

4,180.00 

Equipment 

1,000.00 

Other  expenditures: 

Merit  system 

3,500.00 

Employees  retirement 

11,000.00 

Total 

$107,631.00 

State  services: 

Personal  services 

$10,014.00 

Current  expenses 

225.00 

Travel 

800.00 

Equipment 

250.00 

Total 

11,289.00 

Field  services: 

Personal  services 

$207,740.00 

Current  expenses 

28,332.00 

Travel 

27,600.00 

Equipment 

4,100.00 

Total  267,772.00 

Blind  services : 

Personal  services  $17,570.00 

Current  expenses  1,460.00 

Travel  2,365.00 


1949] 


Chapter  323 


469 


Equipment  $250.00 

Grants  28,000.00 

Total 

Child  welfare  services : 

Personal  services  $21,698.00 

Travel  4,600.00 

Total 

Aid  to  dependent  children 

(State's  share) 
Special  children's  aid 
Aid  to  needy  blind  (state's  share) 

Vocational  rehabilitation : 

Grants 
John  Nesmith  fund 
Old  age  assistance  (state's  share) 


49,645.00 


26,298.00 

1,268,663.18 

2,500.00 

98,231.77 


10,000.00 

3,700.00 

969,415.80 


Total  for  board  of  public  welfare       $2,815,145.75 
Less  revenue  $157,739.00 

Less  balance  851,515.68 


Net  appropriation 

For  veterans'  council : 
Personal  services 
Current  expenses 
Travel 
Burial  claims 


1,009,254.68 
$1,805,891.07 


$10,325.00 

1,260.00 

4,000.00 

10,000.00 


Total  for  veterans'  council  $25,585.00 

For  water  resources  board : 

Personal  services  $10,097.00 

Current  expenses  700.00 

Travel  1,200.00 


470  Chapter  323  [1949 

Equipment  $100.00 


Total 

$12,097.00 

Less  transfer  from  Pittsbi 

irg  project 

5,000.00 

Net  appropriation 

$7,097.00 

Water  control  commission : 

Personal  services 

$10,027.50 

Current  expenses 

600.00 

Travel 

1,000.00 

Equipment 

75.00 

Total  11,702.50 

Stream  flow  gauging  $10,000.00 

Less  transfers  from  highway 
fund  2,750.00 


Net  appropriation 

board 

7,250.00 

Total  for  water  resources 

$26,049.50 

For  state  housing  board : 

Personal  services 

$9,747.00 

Current  expenses 

800.00 

Travel 

650.00 

Equipment 

108.00 

Total  for  state  housing  board 

$11,305.00 

For  uniform  state  laws 

$400.00 

For  aeronautics  commission: 

Salary  of  director 

$4,760.00 

Other  personal  services 

10,231.00 

Current  expenses 

2,645.00 

Travel 

2,250.00 

Equipment 

100.00 

Total  for  aeronautics  commission 

$19,986.00 

Less  revenue  and  balance 

19,986.00 

Net  appropriation  0.00 


1949]  Chapter  323  471 

For  bank  commission: 

Salary  of  commissioner  $6,295,00 

Salary  of  deputies  8,820.00 

Other  personal  services  31,343.00 

Current  expenses  5,300.00 

Travel  9,500.00 

Equipment  832.00 

Total  for  bank  commission  $62,090.00 

*Less  revenue  45,578.00 


Net  appropriation  $16,512.00 

For  cancer  commission : 

Personal  services  $17,204.00 

Current  expenses  39,225.00 

Travel  1,350.00 

Equipment  150.00 


Total  for  cancer  commission  $57,929.00 

Less  revenue  8,500.00 


Net  appropriation  $49,429.00 

For  liquor  commission: 
Liquor  administration: 
Salary  of  commissioners, 

one-half  $8,580.00 

Other  personal  services  60,208.00 


*  The  bank  commissioner  shall  collect  from  the  institutions, 
the  condition  and  management  of  which  the  bank  commissioner 
is  required  to  examine  under  the  provisions  of  section  8  of  chap- 
ter .307  of  the  Revised  Laws  as  the  total  cost  of  such  examination, 
the  sum  of  $45,578  annually  and  each  such  institution  shall  pay 
to  the  state  annually  within  thirty  days  after  receipt  by  it  of 
notice  of  assessment,  such  proportion  of  the  total  sum  collectable 
hereunder  as  its  assets  bear  to  the  total  assets  of  all  such  institu- 
tions as  shown  by  the  reports  of  the  bank  commissioner  as  of 
the  thirtieth  of  June  preceding  such  payments.  Sums  collected 
under  the  provisions  hereof  shall  be  credited  to  the  appropriation 
for  the  bank  commissioner. 


472 


Chapter  323 


[1949 


Current  expenses 

Travel 

Equipment 


$28,150.00 
3,500.00 
1,500.00 


Total 

$101,938.00 

Beer  administration: 

Salary  of  commissioners, 

one-half 

$8,580.00 

Other  personal  services 

57,807.00 

Current  expenses 

14,350.00 

Travel 

25,000.00 

Equipment 

1,500.00 

Total 

107,237.00 

Liquor  enforcement: 

Personal  services 

$10,981.00 

Current  expenses 

725.00 

Travel 

7,000.00 

Equipment 

50.00 

Total 

18,756.00 

Stores : 

Personal  services 

$389,636.00 

Current  expenses 

199,450.00 

Travel 

6,000.00 

Equipment 

10,000.00 

Total 

605,086.00 

Warehouse : 

Personal  services 

$51,159.00 

Current  expenses 

33,100.00 

Travel 

100.00 

Equipment 

3,000.00 

Total 

Total  for  liquor  commission 
Less  revenue 


87,359.00 

$920,376,00 
920,376.00 


Net  appropriation 


0.00 


Chapter  323 

3r  pharmacy  commission: 

Personal  services 

$1,600.00 

Current  expenses 

235.00 

Travel 

700.00 

473 


Total  for  pharmacy  commission  $2,535.00 

For  planning  and  development 
commission : 
Administration : 

Salary  of  director  $5,200.00 

Other  personal  services  54,800.00 

Current  expenses  70,000.00 

Travel  4,000.00 

Equipment  1,000.00 
Other  expenditures: 

Tourist  service  2,000.00 

Regional  associations*  16,950.00 

Wood  waste  utilization  2,000.00 


Total  for  planning  and  de- 
velopment commission  $155,950.00 
Less  revenue  2,650.00 


Net  appropriation  $153,300.00 

For  public  service  commission: 

Salary  of  commissioners  $20,100.00 

Other  personal  services  60,524.00 

Current  expenses  23,545,00 

Travel  6,000.00 

Equipment  500.00 

Aids  to  navigation  1,600.00 


*  This  appropriation  shall  be  administered  by  the  state  plan- 
ing and  development  commission  for  the  aid  of  regional  develop- 
ment associations.  Not  more  than  $2,825.00  may  be  allotted  by  the 
commission  to  any  one  regional  association  whose  bounds,  form  of 
organization  and  program  shall  first  have  been  approved  by  the 
commission.  Any  unexpended  portion  of  this  appropriation  shall 
lapse  and  shall  not  be  transferred  to  any  other  state  appropriation. 


474  Chapter  323  [1949 

Total  for  public  service 

commission  $112,269.00 
Less  estimated  revenue*  43,000.00 


Net  appropriation  $69,269.00 

For  racing  commission: 

Salary  of  commissioners  $5,400.00 

Other  personal  services  25,156,00 

Current  expenses  3,200.00 

Travel  3,300.00 

Equipment  700.00 
Other  expenditures: 

Employees  retirement  400.00 


Total  for  racing  commission  $38,156.00 

Less  revenue  38,156.00 


Net  appropriation  0.00 

For  state  tax  commission: 
Office  of  commission : 

Salary  of  two  commissioners       $8,580.00 

Salary  of  secretary  5,260.00 

Other  personal  services  20,331.00 

Current  expenses  6,980.00 

Travel  5,000.00 

Equipment  590.00 


Total  $46,741.00 

Interest  and  dividends  division : 

Personal  services  $11,986.00 

Current  expenses  2,200.00 

Travel  500.00 

Equipment  250.00 


Total  $14,936.00 

Less  revenue  14,936.00 


Net  appropriation  0.00 


*  Any  income  in  excess  of  the  above  estimate  shall  be  available 
for  sucli  further  expenditure  as  the  governor  and  council  shall 
approve. 


1949] 


Chapter  323 

Utilities  tax : 

Personal  services 
Current  expenses 
Travel 

$3,373.00 
150.00 
150.00 

Total 

Less  revenue 

$3,673.00 
3,673.00 

Net  appropriation 

Tobacco  products : 
Personal  services 
Current  expenses 
Travel 

$20,693.00 

13,700.00 

7,500.00 

475 


0.00 


Total  41,893.00 

Municipal  accounting  division: 

Personal  services  $23,474.00 
Current  expenses  1,225.00 

Travel  5,000.00 

Equipment  225.00 


Total  $29,924.00 

Less  revenue  17,900.00 


Net  appropriation  12,024.00 


Total  net  appropriation  for 

tax  commission  $100,658.00 

For  water  pollution  commission : 

Personal  services  $18,632.00 

Current  expenses  5,000.00 

Travel  5,500.00 

Equipment  750.00 


Total  for  water  pollution  commission  $29,882.00 

For  firemen's  retirement  system  $27,500.00 

For  policemen's  retirement  system  $59,000.00 

For  teachers'  retirement  system  $44,120.00 


476  Chapter  323  [1949 

For  employees'  retirement  system: 

Personal  services  $14,818.00 

Current  expenses  1,358.00 

Travel  600.00 

Equipment  55.00 

Other  expenditures  94,000.00 


Total  for  employees'  retirement 

system  $110,831.00 

Less  revenue  4,000.00 


Net  appropriation  $106,831.00 

For  mental  hygiene  clinics  and  study  home : 

Salary  of  director  $5,653.00 

Other  personal  services  18,639.42 

Current  expenses  5,537.00 

Travel  1,500.00 

Equipment  250.00 


Total  for  mental  hygiene 
and  study  home 

For  board  of  accountancy : 
Less  revenue 

clinics 

$31,779.42 

$601.00 
601.00 

Net  appropriation 

For  fish  and  game  commission : 
Commission : 

Current  expenses 

Travel 

Employees'  retirement 

0.00 

$335.00 

1,000.00 

16,000.00 

Total  $17,335.00 

Administration : 

Salary  of  director  $5,200.00 

Other  personal  services  20,140.00 

Current  expenses  30,360.00 

Travel  1,000.00 


1949]  Chapter  323  477 

Equipment  $1,000.00 


Total 

Conservation  service: 
Personal  services 
Current  expenses 
Travel 
Equipment 

$85,759.00 

11,150.00 

57,500.00 

7,600.00 

57,700.00 

Total 

Education : 

Personal  services 
Current  expenses 
Travel 
Equipment 
Shows 

162,009.00 

$6,506.00 
7,725.00 
2,000.00 
2,750.00 
6,000.00 

Total 

Research : 

Personal  services 
Current  expenses 
Travel 
Equipment 

$19,949.00 
5,260.00 
2,000.00 
2,500.00 

24,981.00 

Total 

Propagation  of  fish : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$98,573.00 

163,810.00 

7,500.00 

8,400.00 

29,709.00 

Total 

Propagation  of  game : 
Personal  services 

Current  expenses 

Travel 

Equipment 

$4,000.00 

29,900.00 

1,00,0.00 

1,500.00 

277,783.00 

Total  36,400.00 


478 


Chapter  323 


[1949 


Pittman-Robertson : 
Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Damage : 

Personal  services 
Current  expenses 
Travel 
Damage  awards 

Total 
Bobcat  bounties 

Total  for  fish  and  game 
Less  estimated  revenue* 

Net  appropriation 


$22,958.00 
6,615.00 
4,000.00 
1,350.00 


$7,000.00 

11,557.00 

1,800.00 

6,000.00 


34,923.00 


26,357.00 
4,000.00 

$671,197.00 
671,197.00 

0.00 


For  board  of  hairdressers : 
Personal  services 
Current  expenses 
Travel 
Equipment 
Other  expenditures : 


$3,250.00 

1,325.00 

1,200.00 

200.00 


Employees'  retirement  system        100.00 


Total  for  hairdressers' 
board 

Less  revenue 
Net  appropriation 


$6,075.00 
6,075.00 

0.00 


*  In  addition  to  the  above  appropriation  the  fish  and  prame  de- 
partment shall  receive  for  such  disbursement  as  the  governor  and 
council  shall  approve,  any  income  received  in  excess  of  the  above 
estimate,  including  any  unexpended  balance  for  the  fiscal  year  end- 
ing June  30,  1949. 


1949]  Chapter  323  479 

For  prison  industries : 

Personal  services  $47,556.00 

Current  expenses  94,650.00 

Travel  500.00 

Equipment  2,000.00 


Total  for  prison  industries  $144,706.00 

Less  revenue  144,706.00 


Net  appropriation  0.00 

For  aerial  tramway : 

Personal  services  $120,235.50 

Current  expenses  43,801.10 

Travel  1,000.00 

Equipment  2,500.00 

Contracts  260.00 

Stock  in  trade  50,000.00 

Bonds — principal  and  interest  15,225.00 

Employees'  retirement  system  6,029.90 

New  trail — summit  to  valley  8,000.00 


Total  for  aerial  tramway  $247,051.50 

Less  revenue  247,051.50 


Net  appropriation  0.00 


Total  net  appropriation  $10,241,087.29 

2.  Aid  to  Education.  The  appropriation  for  educational 
aid  made  under  the  provisions  of  this  act  and  the  act  making 
appropriations  for  the  year  ending  June  30,  1951  shall  be  ex- 
pended under  the  provisions  of  the  following  plan : 

L  For  equalizing  educational  opportunity  and  improving 
the  public  schools,  below  college  grade,  with  the  definite  aim  of 
extending  school  terms,  stimulating  local  interest  and  im- 
proving, through  better  instruction,  gradation  and  super- 
vision, all  rural  schools  and  schools  in  sparsely  settled  localities. 

IL  In  any  district  in  which  a  sum  equal  to  one-half  of  one 
per  cent  of  the  equalized  valuation  of  the  district,  on  which  the 


480  Chapter  323  [1949 

state  tax  is  apportioned,  is  insufficient  to  maintain  the  re- 
quired elementary  and  special  schools  and  to  purchase  the  re- 
quired textbooks,  scholars'  supplies,  flags  and  appurtenances, 
the  state  board  shall  provide  the  balance  of  the  money  neces- 
sary from  the  money  appropriated  to  carry  out  the  provisions 
of  this  title. 

III.  In  towns  or  cities  comprising  more  than  one  school 
district  no  special  or  town  district  shall  be  entitled  to  the  bene- 
fits of  the  provisions  of  the  preceding  paragraph  unless  the 
town  or  city  in  which  it  is  situated  would  be  so  entitled  on  the 
basis  of  the  expenditures  of  the  previous  year  if  it  constituted 
a  single  district. 

IV.  If  in  any  year  the  approved  claims  of  the  several  dis- 
tricts entitled  to  state  aid  shall  be  in  excess  of  the  appropri- 
ation a  sufficient  reduction  in  the  amount  of  the  allotments 
shall  be  made  to  bring  the  total  amount  of  the  grants  within 
the  limit  of  the  appropriation.  The  reduction  in  the  allotment 
of  each  district  shall  bear  the  same  ratio  to  the  total  reduction 
necessary  as  the  district's  equalized  valuation  bears  to  the 
total  of  the  equalized  valuations  of  all  the  districts  entitled  to 
state  aid  in  that  year. 

V.  The  state  board  shall  have  authority  in  its  discretion 
to  withhold  from  such  general  distribution  an  amount  not  ex- 
ceeding five  per  cent  of  the  appropriation  for  state  aid,  which 
it  may  use  to  furnish  additional  aid  to  districts  where  special 
need  exists. 

VI.  The  sum  total  of  aid  gi'anted  in  any  year  to  any  dis- 
trict, or  to  all  the  districts  of  any  one  town,  shall  not  exceed  six 
thousand  dollars. 

VII.  The  provisions  of  paragraph  III,  section  14,  chapter 
134  of  the  Revised  Laws  as  amended  by  section  1,  chapter  198 
of  the  Laws  of  1947  and  sections  8,  9,  10,  and  11  of  chapter  140 
of  the  Revised  Laws  as  amended  by  section  2  of  chapter  198 
of  the  Laws  of  1947  are  hereby  suspended  until  June  30,  1951. 

3.  Vacancy.  Any  vacancy  in  the  office  of  legislative  budget 
assistant  shall  be  filled  by  the  appropriations  committee  of  the 
house  of  representatives  and  the  finance  committee  of  the 
senate  acting  as  a  special  committee. 

4.  Eastern  States  Exposition  Commission.  The  members 
of  the  commission  to  operate  the  state  building  at  the  Eastern 
States  Exposition  shall  serve  without  compensation  but  shall 


1949]  Chapter  324  481 

receive  their  legitimate  expenses  incurred  in  the  performance 
of  their  duties.  Such  expenses  shall  be  a  charge  upon  the 
separate  fund  as  provided  in  section  3,  chapter  19  of  the  Re- 
vised Laws. 

5.  Registration  of  Boats;  Transfer  of  Funids.  From  the 
balance  as  of  July  1,  1949  in  the  special  fund  received  from 
collections  and  fees  and  fines  under  chapter  181  of  the  Revised 
Laws  relative  to  registration  of  boats,  the  sum  of  eight  thou- 
sand dollars  shall  be  transferred  to  the  general  funds  of  the 
state. 

6.  Takes  Effect.  This  act  shall  take  effect  as  of  July  1, 
1949. 

[Approved  July  28,  1949.] 


CHAPTER  324 


an  act  making  appropriations  for  the  expenses  of  the 

state  of  new  hampshire  for  the  year  ending 

June  30,  1951. 

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

1.  Appropriations.  The  sums  hereinafter  mentioned 
are  appropriated  to  be  paid  out  of  the  treasury  of  the 
state  for  the  purposes  specified  for  the  fiscal  year  ending 
June  30,  1951,  to  wit: 

A  continuing  appropriation  which  shall  not  lapse,  shall 
not  be  transferred  to  any  other  department,  institution 
or  account,  and  which  shall  be  for  the  expenses  of  the 
legislature,  including  $9,800.00  for  the  office  of  legis- 
lative assistant  to  the  appropriations  and  finance  commit- 
tees, as  provided  by  section  2,  chapter  296,  of  the  Laws 
of  1947  $300,000.00 

(Salary  of  assistant  $6,300.00,  deputy  assistant 
$2,600.00,  current  expenses  $900.00) 
Council  of  state  governments  1,000.00 


Total  for  legislative  branch  $301,000.00 


482  Chapter  324  [1949 


For  executive  branch : 

Office  of  governor : 

Salary  of  governor 

$6,100.00 

Salary  of  secretary 

4,100.00 

Other  personal  services 

6,678.00 

Current  expenses 

3,000.00 

Travel 

500.00 

Total 

$20,378.00 

Emergency  fund 

200,000.00 

Contingent  fund 

7,500.00 

Total  governor's  office 

$227,878.00 

For  governor's  council: 

Per  diem  (@  $10.00  per  diem)  $4,000.00 
Travel  2,500.00 


Total  for  governor's  council  6,500.00 


Total  for  executive  branch  $234,378.00 

For  judicial  branch: 
For  supreme  court : 

Salary  of  justices  $47,695.00 

Salary  of  clerk  of  court  2,720.00 

Salary  of  reporter  2,600.00 

Other  personal  services  2,557.00    . 

Current  expenses  3,300.00 

Travel  1,000.00 
N.  H.  supreme  court  reports      3,500.00 


Total  $63,372.00 

Less  estimated  revenue  270.00 


Net  appropriation  $63,102.00 

For  superior  court: 

Salary  of  judges  $57,000.00 

Other  personal  services  100.00 

Current  expenses  3,350.00 

Travel  6,500.00 

Total  66,950.00 


1949]  Chapter  324  483 

For  referees  and  masters : 

Salary  of  referees  $3,600.00 

Current  expenses  50.00 


Total 

3,650.00 

For  judicial  council 

1,000.00 

For  probate  court : 

Salary  of  judges 

$23,660.00 

Salary  of  registers 

24,180.00 

Salary  of  deputies 

11,075.00 

Total 

$ 

58,915.00 

Total  for  judicial  branch 

193,617.00 

For  adjutant  general's  department: 

Office  of  adjutant  general: 

Salary  of  adjutant  general 

$6,800.00 

Other  personal  services 

12,051.00 

Current  expenses 

3,000.00 

Equipment 

300.00 

Total 

$22,151.00 

National  Guard: 

Personal  services 

$15,228.00 

Current  expenses 

12,725.00 

Travel 

2,250.00 

Total 

30,203.00 

Armories : 

Personal  services 

$30,000.00 

Current  expenses 

44,850.00 

Travel 

275.00 

Equipment 

950.00 

Total  76,075.00 

Rifle  ranges : 

Personal  services  $2,059.00 

Current  expenses  1,225.00 


484  Chapter  324  [1949 

Equipment  $200.00 


Total  3,484.00 

Officers'  uniform  allowance  11,250.00 

Photostating : 

Personal  services  $2,319.00 

Current  expenses  1,100.00 


Total  3,419.00 

Maintenance  Grenier  field : 


Personal  services 
Current  expenses 
Equipment 

$4,689.00 

3,550.00 

350.00 

Total 

Maintenance  Concord  military 
reservation : 
Current  expenses 
Equipment 

$2,087.50 
500.00 

8,589.00 


Total  2,587.50 

Drill  expenses— travel  1,000.00 

War  service  recognition: 

Current  expenses  300.00 


Total  adjutant  general's  department   $159,058.50 
Less  estimated  revenue  2,500.00 


Total  net  appropriation  $156,558.50 

For  department  of  agriculture: 
Office  of  commissioner: 

Salary  of  commissioner  $5,300.00 

Other  personal  services  16,820.10 

Current  expenses  3,460.00 

Travel  6,000.00 

Other  expenditures  10*,000.00 

Total  $41,580.10 


1949]  Chapter  324  485 

Bureau  of  markets : 

Personal  services  $16,314.30 

.     Current  expenses  11,271.50 

Travel  3,000.00 

Other  expenditures  850.00 


Total  31,435.80 

Division  of  animal  husbandry : 

Salary  of  state  veterinarian  $5,100.00 

Other  personal  services  22,896.90 

Current  expenses  5,967.00 

Travel  4,000.00 

Other  expenditures  38,010.00 


Total  75,973.90 

Insect  and  plant  disease  suppres- 
sion and  control : 


Personal  services 

$13,848.30 

Current  expenses 

1,110.00 

Travel 

2,000.00 

Equipment 

180.00 

Total 

17,138.30 

Grants:* 

Board  of  Veterinary  Examiners     200.00 

Total  for  department  of  agriculture    $166,328.10 

For  attorney  general : 

Office  of  attorney  general : 

Salary  of  attorney  general 

$6,700.00 

Salary  of  assistant  attorney 

general 

4,700.00 

Other  personal  services 

22,203.00 

Current  expenses 

2,200.00 

Travel 

900.00 

Equipment 

400.00 

Total 

$37,103.00 

*     The  provision  of  section  8,  chapter  231  of  the  Revised  Laws 
is  suspended  for  the  fiscal  year  ending:  June  30,  1951. 


486 


Chapter  324 

[194 

Register  of  public  trusts : 

Director 

$3,500.00 

Personal  services 

3,017.00 

• 

Current  expenses 

425.00 

Travel 

200.00 

Equipment 

100.00 

Total 

7,242.00 

Fees  for  registers  of  probate 

4,250.00 

Legacy  tax : 

Current  expenses 

$1,300.00 

Travel 

100.00 

Equipment 

300.00 

Total 

1,700.00 

Total  for  attorney  general 

$50,295.00 

For  comptroller: 

Office  of  comptroller : 

Salary  of  comptroller 

$6,300.00 

Other  personal  services 

39,882.00 

Current  expenses 

4,575.00 

Travel 

2,000.00 

Equipment 

250.00 

Total 

$53,007.00 

Travel  bureau : 

Personal  services 

$5,159.00 

Current  expenses 

275.00 

Total 

5,434.00 

Other  expenditures : 

State  House  Annex  sinking  fund 

16,000.00 

2%  assessment — state  police 

9,000.00 

Firemen's  relief 

4,000.00 

League  of  N.  H.  Arts  and  Crafts 

6,000.00 

Atlantic  Marine  Fisheries 

700.00 

Classification  plan  board 

artment 

750.00 

Total  for  comptroller's  dep 

$94,891.00 

1949]  Chapter  324  487 

For  forestry  and  recreation  commission : 
For  forestry : 
Administration : 


Salary  of  forester 

$5,600.00 

Other  personal  services 

19,447.00 

Current  expenses 

4,325.00 

Travel 

650.00 

Equipment 

250.00 

Total 

$30,272.00 

Nursery : 

Personal  services 

$8,525.00 

Current  expenses 

3,195.00 

Equipment 

150.00 

Total 

11,870.00 

Reforestation : 

Personal  services 

$1,775.00 

Travel 

900.00 

Total  2,675.00 

District  fire  supervision: 

Personal  services  $7,992.75 

Current  expenses  1,100.00 

Travel  2,000.00 


Total  11,092.75 

Lookout  stations: 

Personal  services  26,775.00 

Fire  control  training: 

Current  expenses  $1,800.00 

Other  expenditures  3,000.00 


Total  4,800.00 

Prevention  of  fires : 

Personal  services  $5,037.00 
Current  expenses  2,575.00 

Travel  300.00 

Equipment  2,000.00 


488  Chapter  324  [1949 

Other  expenditures  $1,000.00 


Total 

10,912.00 

Forest  fire  bills  to  towns 

10,000.00 

White  pine  blister  rust  control : 

Personal  services 

$10,493.00 

Current  expenses 

900.00 

Travel 

850.00 

Total  12,243.00 

Federal  Norris-Doxey  Co-operative 

Program : 
Personal  services  $7,250.00 

Current  expenses  664.00 

Travel  3,250.00 

Equipment  150.00 


Total 

11,314.00 

Total  for  forestry 

$131,953.75 

)r  recreation : 

General : 

Salary  of  director 

$5,360.00 

Other  personal  services 

122,612.00 

Current  expenses 

77,995.00 

Travel 

7,000.00 

Equipment 

8,000.00 

Other  expenditures : 

Interest  on  bonds 

4,000.00 

Wallis  Sands  project 

1,000.00 

Total 

$225,967.00 

Franconia  Notch : 

Managing  director 

$6,205.00 

Other  personal  services 

34,616.00 

Current  expenses 

84,312.00 

Travel 

1,000.00 

Equipment 

3,000.00 

Total 

129,133.00 

1949]  Chapter  324  489 

Mt.  Sunapee  state  park: 

Managing  director  $4,500.00 

Other  personal  services  51,406.15 

Current  expenses  30,100.00 

Travel  1,000.00 

Equipment  1,400.00 
Other  expenditures : 

Stock  in  trade  40,000.00 

Bonds — principal  and 

interest  29,675.00 


Total  158,081.15 


Total  for  recreation  $513,181.15 

*Less  estimated  revenue  512,181.15 


Net  appropriation  $1,000.00 

For  insurance  department: 
Office  of  commissioner: 


Salary  of  commissioner 

$6,300.00 

Salary  of  deputy  commissioner 

5,360.00 

Other  personal  services 

19,925.00 

Current  expenses 

5,430.00 

Travel 

1,100.00 

Equipment 

300.00 

Total 

$38,415.00 

For  rating  division : 

Personal  services 

$3,978.00 

Current  expenses 

1,800.00 

Travel 

500.00 

Equipment 

500.00 

Total 

lent 

6,778.00 

Total  for  insurance  departn- 

$45,193.00 

*  In  the  above  appropriation  any  revenue  in  excess  of  the 
estimate  will  be  available  for  such  expenditures  as  the  governor 
and  council  shall  approve. 


490  Chapter  324  [1949 


For  bureau  of  labor : 

Office  of  commissioner: 

Salary  of  commissioner 

$5,540.00 

Other  personal  services 

7,156.00 

Current  expenses 

3,525.00 

Travel 

1,500.00 

Equipment 

300.00 

Total 

$18,021.00 

Minimum  wage : 

Personal  services 

$5,879.00 

Current  expenses 

840.00 

Travel 

2,000.00 

Total 

8,719.00 

Factory  inspection: 

Personal  services 

$11,303.00 

Current  expenses 

1,000.00 

Travel 

3,000.00 

Total 

15,303.00 

Industrial  accident  commission : 

Personal  services 

$11,275.00 

Current  expenses 

4,075.00 

Travel 

200.00 

Equipment 

150.00 

Total  15,700.00 

New  Hampshire  apprenticeship  council : 

Current  expenses  500.00 


Total  for  bureau  of  labor  $58,243.00 

For  motor  vehicle  department: 
Administration : 

Salary  of  commissioner  $6,040.00 

Salary  of  deputy  commissioner     5,100.00 
Other  personal  services  108,529.00 

Current  expenses  120.000.00 


1949] 


Chapter  324 

4< 

Travel 

$2,000.00 

Equipment 

6,000.00 

Other  expenditures : 

Employees'  retirement 

9,000.00 

Total 

$ 

256,669.00 

Gasoline  road  toll: 

Personal  services 

$15,023.00 

Current  expenses 

2,600.00 

Travel 

2,500.00 

Equipment 

500.00 

Total 

20,623.00 

Motor  vehicle  patrol : 

Personal  services 

$37,571.00 

Current  expenses 

1,200.00 

Travel 

22,000.00 

Equipment 

2,000.00 

Total 

62,771.00 

Total  for  motor  vehicle  department     $340,063.00 
Less  revenue  340,063.00 


Net  appropriation  0.00 

For  purchasing  agent : 

Salary  of  purchasing  agent  $5,920.00 

Other  personal  sei-vices  23,504.00 

Current  expenses  4,150.00 

Travel  150.00 

Equipment  400.00 


Total  for  purchasing  agent  $34,124.00 

For  secretary  of  state: 
Office  of  secretary : 

Salary  of  secretary  $5,980.00 

Salary  of  deputy  secretary  4,420.00 

Other  personal  services  16,530.00 


492                                  Chapter  324  [1949 

Current  expenses  $2,195.00 

Travel  700.00 

Equipment  100.00 


Total 

$29,925.00 

Direct  primary : 

Personal  services 

$1,800.00 

Current  expenses 

14,875.00 

Travel 

300.00 

Total 

16,975.00 

General  election: 

Personal  services 

$1,700.00 

Current  expenses 

21,150.00 

Travel 

300.00 

Total 

23,150.00 

Photostat  division: 

Personal  services 

$3,105.00 

Current  expenses 

1,200.00 

Total 

- 

4,305.00 

Total  for  secretary  of  state 

$74,355.00 

For  state  library: 

Administration : 

Salary  of  librarian 

$4,050.00 

Salary  of  assistant  librarian 

3,420.00 

Other  personal  services 

43,517.20 

Current  expenses 

6,600.00 

Travel 

700.00 

Equipment 

10,450.00 

Other  expenditures : 

Microfilming 

1,000.00 

Total  $69,737.20 


1949]  Chapter  324  493 

Extension : 

Current  expenses  $3,500.00 

Travel  2,250.00 

Equipment  8,000.00 
Other  expenditures : 

Summer  institute  400.00 


Total 
State  aid 

14,150.00 
1,000.00 

Total  for  state  library 

For  state  police: 

Salary  of  superintendent 
Other  personal  services 
Current  expenses 
Travel 
Equipment 

$84,887.20 

$6,040.00 
206,718.00 
78,725.00 
17,000.00 
30,000.00 

Total  for  state  police                                $338,483.00 
Less  transfer  from  highway  fund        287,710.00 

Net  appropriation 

For  buildings  and  grounds : 
General : 

Salary  of  superintendent 
Other  personal  services 
Current  expenses 

$50,773.00 

$3,800.00 
94,297.00 
61,271.00 

Total 

Mailing  division: 
Personal  services 
Current  expenses 

$159,368.00 

$5,929.00 
700.00 

Total 

Franklin  Pierce  homestead: 
Personal  services 
Current  expenses 

6,629.00 

$355.00 
100.00 

Total  455.00 


494  Chapter  324  [1940 

Daniel  Webster  birthplace : 

Personal  services  $250.00 

Current  expenses  725.00 

Travel  10.00 


Total 

and  gr( 

985.00 

Total  for  buildings 

Dunds            $167,437.00 

For  state  treasury: 

Office  of  treasurer : 

Salary  of  treasurer 

$5,980.00 

Salary  of  deputy 

3,860.00 

Other  personal  services 

25,873.00 

Current  expenses 

6,365.00 

Travel 

200.00 

Equipment 

305.00 

Total 

$42,583.00 

Highway  division : 

Personal  services 

$7,630.50 

Current  expenses 

4,900.00 

Equipment 

428.50 

Total 

$12,959.00 

Less  transfer  from 

high- 

way  fund 

12,959.00 

Net  appropriation  0.00 

Intangible  tax: 

Personal  services  $3,196.50 

Current  expenses  375.00 


Total  $3,571.50 

Less  revenue  3,571.50 


Net  appropriation  0.00 

Bounties  12,000.00 

Trust  funds  37,087.27 


Total  for  state  treasury  $91,670.27 


1949]  Chapter  324  495 

For  weights  and  measures : 

Salary  of  commissioner  $4,800.00 

Other  personal  services  11,913.00 

Current  expenses  1,900.00 

Travel  3,000.00 

Equipment  200.00 


Total  for  weights  and  measures              $21,813.00 

For  industrial  school : 

Administration : 

Salary  of  superintendent 

$5,360.00 

Other  personal  services 

9,569.70 

Current  expenses 

2,485.00 

Travel 

950.00 

Equipment 

200.00 

Total 

$18,564.70 

Instruction : 

Personal  services 

$10,390.80 

Current  expenses 

1,300.00 

Equipment 

750.00 

Total 

12,440.80 

Custodial  care : 

Personal  services 

$44,290.40 

Current  expenses 

27,100.00 

Equipment 

2,000.00 

Total  73,390.40 

Auxiliary  to  custodial  care : 

Personal  services  $5,864.00 

Current  expenses  200.00 

Travel  300.00 

Equipment  500.00 

Total  6,864.00 


496 


Chapter  324 


[1949 


Operation  of  plant: 
Personal  services 
Current  expenses 
Equipment 


$4,260.30 

25,000.00 

400.00 


Total 

Maintenance  of  plant : 

Personal  services 

$7,462.30 

Current  expenses 

3,200.00 

Equipment 

300.00 

Total 

Agriculture : 

Personal  services 

$5,161.00 

Current  expenses 

21,900.00 

Equipment 

1,000.00 

Total 

Parole : 

Personal  services 

$2,084.70 

Current  expenses 

250.00 

Travel 

1,350.00 

Equipment 

350.00 

Total 

Total  for  industrial  school 
Less  revenue 

Net  appropriation 

For  Laconia  state  school: 
Administration : 

Salary  of  superintendent 
Other  personal  services 
Current  expenses 
Travel 


29,660.30 


10,962.30 


28,061.00 


4,034.70 

$183,978.20 
2,750.00 

$181,228.20 


$5,700.00 

11,019.25 

1,500.00 

1,500.00 


Total 


$19,719.25 


1949]  Chapter  324  497 

Professional  care  and  treatment : 

Personal  services  $110,933.00 

Current  expenses  4,535.00 

Travel  50.00 

Equipment  150.00 


Total 

115,668.00 

Custodial  care : 

Personal  services 

$36,183.00 

Current  expenses 

90,000.00 

Travel 

30.00 

Other  expenditures 

100.00 

Total 

126,313.00 

Operation  of  plant : 

Personal  services 

$15,505.00 

Current  expenses 

40,000.00 

Total  55,505.00 

Maintenance  of  plant: 

Personal  services  $11,081.00 

Current  expenses  4,865.00 


Total  15,946.00 

Agriculture : 

Personal  services  $31,266.00 

Current  expenses  60,000.00 

Travel  35.00 

Equipment  1,100.00 


Total  92,401.00 


Total  for  Laconia  state  school  $425,552.25 

Less  revenue  1,000.00 


Net  appropriation  $424,552.25 


498  Chapter  324  [1949 

For  soldiers'  home : 

Office  of  the  commandant: 

Salary  of  commandant  $2,860.00 

Other  personal  services  1,791.00 

Current  expenses  515.00 

Travel  75.00 

$5,241.00 


Total 

Custodial  care : 
Personal  services 
Current  expenses 

$9,877.00 
12,000.00 

Total 

Professional  care  and  treatment: 
Personal  services 
Current  expenses 

$7,108.00 
900.00 

Total 

Operation  of  plant : 
Personal  services 
Current  expenses 

$8,269.16 
5,595.80 

21,877.00 


8,008.00 


Total  13,864.96 

Maintenance  of  plant: 

Current  expenses  650.00 


Total  for  soldiers'  home  $49,640.96 

For  state  hospital: 

Administration : 

Salary  of  superintendent  $10,000.00 

Other  personal  services  98,063.00 

Current  expenses  11,790.00 

Travel  3,900.00 

Equipment  500.00 


Total  $124,253.00 


1949]  Chapter  324  499 

Professional  care  and  treatment : 

Personal  services  $698,000.00 

Current  expenses  47,517.00 

Travel  2,075.00 

Equipment  4,500.00 


Total 

752,092.00 

Custodial  care : 

Personal  services 

$241,340.00 

Current  expenses 

501,415.00 

Travel 

75.00 

Equipment 

12,200.00 

Total 

755,030.00 

Operation  of  plant : 

Personal  services 

$60,719.00 

Current  expenses 

212,000.00 

Travel 

1,400.00 

Equipment 

5,000.00 

Total 

279,119.00 

Maintenance  of  plant : 

Personal  services 

$82,038.00 

Current  expenses 

14,880.00 

Travel 

80.00 

Equipment 

800.00 

Total 

97,798.00 

Agriculture : 

Personal  services 

$30,400.00 

Current  expenses 

64,220.00 

Travel 

50.00 

Equipment 

2,460.00 

Total  97,130.00 


Total  for  state  hospital  $2,105,422.00 

Less  revenue  6,300.00 


Net  appropriation  $2,099,122.00 


500  Chapter  324  [1949 

For  state  prison : 
Administration : 

Salary  of  warden  $5,780.00 

Other  personal  services  7,889.00 

Current  expenses  1,181.00 

Travel  500.00 

Equipment  150.00 


Total 

Instruction : 

Personal  services 

Custodial  care : 

Salary  of  deputy  warden 
Other  personal  services 
Current  expenses 
Equipment 

$3,035.00 

92,905.00 

75,840.00 

1,100.00 

$15,500.00 
2,700.00 

Total 

Auxiliary  to  prison  care : 
Personal  services 
Current  expenses 
Other  expenditures — awards 

$6,000.00 
4,680.00 
1,250.00 

172,880.00 

Total 

Operation  of  plant : 
Personal  services 
Current  expenses 

$5,148.00 
7,800.00 

11,930.00 

Total 

Maintenance  of  plant: 
Current  expenses 

Agriculture : 

Personal  services 
Current  expenses 

$7,037.00 
18,045.00 

12,948.00 
8,167.50 

Total 

Less  transfer 

$25,082.00 
12,000.00 

Net  total  13,082.00 


1949]  Chapter  324  501 


Chapter 

324 

Parole : 

Personal  services 

$10,822.00 

Current  expenses 

1,560.00 

Travel 

3,000.00 

Equipment 

175.00 

Total  15,557.00 


Total  for  state  prison  $252,764.50 

Less  revenue  16,028.00 


Net  appropriation  $236,736.50 

For  state  sanatorium: 
Administration : 

Salary  of  superintendent  $5,800.00 

Other  personal  services  4,282.00 

Current  expenses  1,535.00 

Travel  1,100.00 

Equipment  150.00 


Total 

Professional  care : 
Personal  services 
Current  expenses 
Equipment 

$53,073.00 

9,010.00 

600.00 

$12,867.00 

Total 

Custodial  care : 
Personal  services 
Current  expenses 
Equipment 

$24,886.00 

36,950.00 

250.00 

62,683.00 

Total 

Operation  of  plant : 
Personal  services 
Current  expenses 
Equipment 

$18,184.00 

20,005.00 

450.00 

62,086.00 

Total  38,639.00 


502 


Chapter  324 


[1949 


Maintenance  of  plant: 
Personal  services 

^     Current  expenses 
Equipment 


$500.00 

2,050.00 

250.00 


Total 

Agriculture : 

Personal  services 
Current  expenses     • 
Equipment 

$5,958.00 
8,111.00 
2,000.00 

2,800.00 

Total 

$ 

$' 

$2,859.00 
516.00 
800.00 

16,069.00 

Total  for  state  sanatorium 

For  University  of  New  Hampshire 
Millage  fund* 
Extension  work  in  counties 

195,144.00 

950,000.00 
61,000.00 

Total 

For  barbers'  board : 
Personal  services 
Current  expenses 
Travel 

011,000.00 

Total  for  barbers'  board 
Less  revenue 

$375.00 
200.00 
325.00 

$4,175.00 
4,175.00 

Net  appropriation 

For  chiropractic  examiners: 
Personal  services 
Current  expenses 
Travel 

0.00 

Total  for  chiropractic  examiners 


$900.00 


*  This  amount  to  be  in  lieu  of  the  amount  provided  by  section 
18,  chapter  222  of  the  Revised  Laws,  as  amended  by  section  1, 
chapter  37  of  the  Laws  of  1947,  which  said  sections  are  hereby 
suspended  for  the  fiscal  year  ending:  June  30,  1951. 


1949]  Chapter  324  503 

For  board  of  education : 
Administration : 

Salary  of  commissioner  $8,550.00 

Salary  of  deputy  3,414.00 

Other  personal  services  75,655.85 

Current  expenses  14,000.00 

Travel  10,000.00 

Equipment  2,000.00 


Total  $113,619.85 

Equalization : 

Transportation,  etc.  $4,000.00 

State  aid  to  school  districts*  400,000.00 


Total  404,000.00 

State  wide  supervision : 

Personal  services  (net)  $120,025.00 

Other  expenditures: 

Superintendents'  conference    1,750.00 


Total  121,775.00 

Smith-Hughes   (state) : 

Personal  services  $5,412.95 

Current  expenses  250.00 

Travel  1,200.00 


Total  6,862.95 

Vocational  rehabilitation  (state)  : 

Current  expenses  $18,900.00 

Travel  500.00 

Equipment  600.00 


Total  20,000.00 


*  This  sum  to  be  distributed  in  accordance  with  the  provisions 
of  section  2  of  the  act  making  appropriations  for  the  year  ending 
June  30,  1950. 


504  Chapter  324  [1949 

George  Barden  (state)  : 

Personal  services  $6,435.15 

Current  expenses  300.00 

Travel  2,000.00 


Total 

8,735.15 

State  trade  school — Manchester : 

Personal  services 

$80,926.07 

Current  expenses 

25,420.00 

Travel 

500.00 

Equipment 

5,000.00 

Other  expenditures 

150.00 

Total 

111,996.07 

State  trade  school — Portsmouth 

Personal  services 

$56,487.00 

Current  expenses 

23,400.00 

Travel 

600.00 

Equipment 

2,500.00 

Total  82,987.00 

Trade  school  division 
(Concord  office)  : 
Personal  services  $9,693.00 

Current  expenses  1,500.00 

Travel  1,000.00 


Total  12,193.00 

Area  vocational  schools : 

Personal  services  $1,989.00 

Current  expenses  400.00 

Travel  1,200.00 

Equipment  10,000.00 

Other  expenditures: 

Reimbursements  to  school 

districts  82,000.00 

Total  95,589.00 


1949]  Chapter  324  505 

On-the-job  training  for  veterans: 

Current  expenses  $2,660.00 

Equipment  350.00 


Total 

3,010.00 

School  lunch  program: 

Personal  services 

$4,920.00 

Current  expenses 

900.00 

Travel 

1,000.00 

Total 

6,820.00 

Keene  teachers'  college : 

Personal  services 

$250,109.00 

Current  expenses 

141,600.00 

Travel 

1,500.00 

Equipment 

6,000.00 

Total 

399,209.00 

Plymouth  teachers'  college : 

Personal  services 

$185,764.00 

Current  expenses 

102,125.00 

Travel 

1,000.00 

Equipment 

8,500.00 

Total 

297,389.00 

Education  of  deaf : 

Current  expenses 

$40,000.00 

Equipment 

1,000.00 

Total  41,000.00 


506  Chapter  324  [1949 

Board  of  nurse  examiners  $3,750.00 


Total  for  board  of  education  $1,728,936.02 

Less  revenue  603,275.00 


Net  appropriation  $1,125,661.02 


In  addition  to  the  above  appropriation  said  department  shall 
receive  for  disbursement  the  income  of  the  teachers  colleges'  dor- 
mitories and  practice  schools,  revenue  from  tuitions  received  by  the 
Manchester  and  Portsmouth  trade  schools  and  the  sums  paid  by 
school  districts  for  the  salaries  of  superintendents  under  section  44, 
chapter  135  of  the  Revised  Laws.  In  this  department  any  balance 
excepting  the  equalization  fund  which  may  be  unexpended  in  any 
fiscal  year  shall  be  placed  in  a  special  fund  available  for  use  for 
maintenance  purposes  the  following  year  by  and  with  the  consent 
of  the  governor  and  council. 

For  board  of  health : 
Administration : 

Salary  of  state  health  officer  $7,360.00 

Other  personal  services  9,380.00 

Current  expenses  14,255.24 

Travel  200.00 


Total  $31,195.24 

Finance : 

Personal  services  $10,595.00 

Current  expenses  550.00 

Equipment  200.00 


Total  11,345.00 

Hospital  services: 

Personal  services  $8,653.00 

Current  expenses  200.00 

Travel  300.00 


Total  9,153.00 

Vital  statistics: 

Personal  services  $11,447.00 

Current  expenses  1,650.00 

Total  13,097.00 


1949] 


Chapter  324 


507 


Public  health  nursing: 

Personal  services  $30,512.00 

Current  expenses  750.00 

Travel  4,800.00 

Total 

Communicable  disease  control: 

Personal  services  $23,149.40 

Current  expenses  60,000.00 

Travel  1,500.00 

Equipment  300.00 

Total 

Dental  services : 

Personal  services  $12,251.00 

Current  expenses  1,500.00 

Travel  800.00 

Total 

Maternal  and  child  health  and 
crippled  children: 
Personal  services  $16,862.00 

Current  expenses  5,000.00 

Travel  400.00 


Total 

Industrial  hygiene: 

Personal  services 

$16,898.00 

Current  expenses 

700.00 

Travel 

1,500.00 

Equipment 

900.00 

Total 

Diagnostic  laboratories : 

Personal  services 

$21,570.00 

Current  expenses 

4,950.00 

Travel 

100.00 

Equipment 

500.00 

Other  expenditures 

1,420.00 

36,062.00 


84,949.40 


14,551.00 


22,262.00 


19,998.00 


Total 


28,540.00 


508 


Chapter  324 

Food  and  chemistry: 

Personal  services 

$40,137.50 

Current  expenses 

2,300.00 

Travel 

11,100.00 

Equipment 

500.00 

Total 

Sanitary  engineering: 

Personal  services 

$24,275.50 

Current  expenses 

1,450.00 

Travel 

4,000.00 

Equipment 

500.00 

[1949 


54,037.50 


Total 

Total  for  board  of  health 
Less  revenue 

Net  appropriation 


30,225.50 

$355,415.64 
1,040.00 


$354,375.64 


For  board  of  registration  in  medicine : 

Personal  services  $525.00 

Current  expenses  250.00 

Travel  275.00 

Equipment  50.00 


Total  for  board  of  registration  of 

medicine 
Less  revenue 

Net  appropriation 


$1,100.00 
1,100.00 

0.00 


)r  board  of  optometry: 

Personal  services 

$150.00 

Current  expenses 

150.00 

Travel 

50.00 

Total  for  board  of  optometry 


$350.00 


1949]  Chapter  324  509 

For  board  of  inebriates : 

Salary  of  executive  director  $5,000.00 

Other  personal  services  8,856.00 

Current  expenses  3,510.00 

Travel  1,250.00 

Equipment  450.00 


Total  for  board  of  inebriates 

$19,066.00 

For  board  of  fire  control : 

Salary  of  fire  marshal                     $5,000.00 

Other  personal  services                    7,934.00 

Current  expenses                               2,500.00 

Travel                                                 2,000.00 

Total  for  board  of  fire  control 

$17,434.00 

For  milk  control  board : 

Personal  services                              $9,545.00 

Current  expenses                                 950.00 

Travel                                                 1,500.00 

Total  for  milk  control  board 

$11,995.00 

For  probation  board : 

Personal  services                           $62,791.00 

Current  expenses                               7,075.00 

Travel                                                 13,000.00 

Equipment                                              500.00 

Total  for  probation  board  $83,366.00 

F'or  board  of  public  welfare : 
Administration : 

Salary  of  commissioner  $5,800.00 

Other  personal  services  66,235.00 

Current  expenses  17,835.00 

Travel  4,180.00 

Equipment  1,000.00 
Other  expenditures : 

Merit  system  3,500.00 

Employees'  retirement  11,000.00 


Total  $109,550.00 


510  Chapter  324  [1949 

State  services : 

Personal  services  $10,260.00 

Current  expenses  225.00 

Travel  800.00 

Equipment  250.00 


Total 

11,535.00 

Field  services: 

Personal  services 

$212,395.00 

Current  expenses 

28,332.00 

Travel 

27,600.00 

Equipment 

3,825.00 

Total 

272,152.00 

Blind  services : 

Personal  services 

$18,071.00 

Current  expenses 

1,460.00 

Travel 

2,365.00 

Equipment 

100.00 

Grants 

29,000.00 

Total 

50,996.00 

Child  welfare  services : 

Personal  services 

$21,824.00 

Travel 

4,600.00 

Total  26,424.00 
Aid  to  dependent  children  (state's  share)  1,555,226.35 

Special  children's  aid  2,500.00 

Aid  to  needy  blind  (state's  share)  105,873.51 
Vocational  rehabilitation : 

Grants  10,000.00 

John  Nesmith  fund  3,700.00 

Old  age  assistance  (state's  share)  1,062,072.97 


Total  for  board  of  public  welfare      $3,210,029.83 
Less  revenue  158,025.00 


Net  appropriation  $3,052,004.83 


1949]  Chapter  324  511 

For  veterans'  council: 

Personal  services  $10,523.00 

Current  expenses  1,210.00 

Travel  4,000.00 

Burial  claims  10,000.00 


Total  for  veterans'  council 

For  water  resources  board : 
Personal  services 
Current  expenses 
Travel 
Equipment 

$10,127.50 

700.00 

1,200.00 

150.00 

525,733.00 

Total                                        $12,177.00 
Less  transfer  from  Pittsburg 

project                                      5,000.00 

Net  appropriation 

Water  control  commission: 
Personal  services 
Current  expenses 
Travel 
Equipment 

$10,057.50 

600.00 

1,000.00 

75.00 

7,177.50 

Total 

Stream  flow  gauging 

Less  transfers  from  highway 
funds 

$10,000.00 
2,750.00 

11,732.50 

Net  appropriation 

board 

$9,873.00 
800.00 
650.00 
170.00 

7,250.00 

Total  for  water  resources 

For  state  housing  board: 
Personal  services 
Current  expenses 
Travel 
Equipment 

$26,160.00 

Total  for  state  housing  board  $11,493.00 

For  uniform  state  laws  $400.00 


512  Chapter  324  [1949 

For  aeronautics  commission : 

Salaiy  of  director  $4,860.00 

Other  personal  services  10,477.00 

Current  expenses  2,645.00 

Travel  2,250.00 

Equipment  100.00 


Total  for  aeronautics  commission  $20,332.00 

Less  revenue  and  balance  20,332.00 


Net  appropriation  0.00 

For  bank  commission: 

Salary  of  commissioner  $6,395.00 

Salary  of  deputies  9,062.50 

Other  personal  services  31,607.00 

Current  expenses  5,300.00 

Travel  9,500.00 

Equipment  315.00 


Total  for  bank  commission  $62,179.50 

*Less  revenue  45,710.00 


Net  appropriation  $16,469.50 


*  The  bank  commissioner  shall  collect  from  the  institutions, 
the  condition  and  management  of  which  the  bank  commissioner 
is  required  to  examine  under  the  provisions  of  section  8  of  chap- 
ter 307  of  the  Revised  Laws  as  the  total  cost  of  such  examination, 
the  sum  of  $45,578  annually  and  each  such  institution  shall  pay 
to  the  state  annually  within  thirty  days  after  receipt  by  it  of 
notice  of  assessment,  such  proportion  of  the  total  sum  collectable 
hereunder  as  its  assets  bear  to  the  total  assets  of  all  such  insti- 
tutions as  shown  by  the  reports  of  the  bank  commissioner  as  of 
the  thirtieth  of  June  preceding  such  payments.  Sums  collected  under 
the  provisions  hereof  shall  be  credited  to  the  appropriation  for 
the  bank  commissioner. 


1949]  Chapter  324  513 

For  cancer  commission: 

Personal  services  $18,886.00 

Current  expenses  39,680.00 

Travel  1,350.00 

Equipment  75.00 


Total  for  cancer  commission  $59,991.00 

Less  revenue  9,000.00 


Net  appropriation  $50,991.00 

For  liquor  commission : 
Liquor  administration : 
Salary  of  commissioners, 

one-half  $8,730.00 

Other  personal  services  61,859.00 

Current  expenses  28,150.00 

Travel  3,500.00 

Equipment  1,500.00 


Total 

$103,739.00 

Beer  administration : 

Salary  of  commissioners. 

one-half 

$8,730.00 

Other  personal  services 

58,796.50 

Current  expenses 

14,350.00 

Travel 

25,000.00 

Equipment 

1,500.00 

Total 

108,376.50 

Liquor  enforcement : 

Personal  services 

$11,107.00 

Current  expenses 

725.00 

Travel 

7,000.00 

Equipment 

50.00 

Total  18,882.00 


514 


Chapter  324 


[1949 


Stores : 

Personal  services 
Current  expenses 
Travel 
Equipment 

Total 

Warehouse : 

Personal  services 
Current  expenses 
Travel 
Equipment 

Total 


$392,924.00 

203,450.00 

6,000.00 

10,000.00 


612,374.00 


$51,669.00 

33,900.00 

100.00 

3,000.00 


Total  for  liquor  commission 
Less  revenue 

Net  appropriation 


88,669.00 

$932,040.50 
932,040.50 

0.00 


For  pharmacy  commission : 

Personal  services 

$1,600.00 

Current  expenses 

235.00 

Travel 

700.00 

Total  for  pharmacy  commission 

For  planning  and  development  commission : 
Administration : 

Salary  of  director  $5,300.00 

Other  personal  services  56,397.00 

Current  expenses  70,000.00 

Travel  4,000.00 

Equipment  1,000.00 


$2,535.00 


1949]  Chapter  324  515 

Other  expenditures: 

Tourist  service  $2,000.00 

Regional  associations*  16,950.00 

Wood  waste  utilization  2,000.00 


Total  for  planning  and 

development  commission  $157,647.00 

Less  revenue  2,650.00 


Net  appropriation  $154,997.00 

For  public  service  commission : 

Salary  of  commissioners  $20,400.00 

Other  personal  services  61,629.00 

Current  expenses  23,545.00 

Travel  6,000.00 

Equipment  500.00 

Aids  to  navigation  1,600.00 


Total  for  public  service  commission    $113,674.00 
Less  estimated  revenuef  43,000.00 


Net  appropriation  $70,674.00 

For  racing  commission: 

Salary  of  commissioners  $5,400.00 

Other  personal  services  25,216.00 

Current  expenses  3,500.00 

Travel  3,300.00 

Equipment  850.00 
Other  expenditures: 

Employees'  retirement  450.00 


Total  for  racing  commission  $38,716.00 

Less  revenue  38,716.00 


Net  appropriation  0.00 

*  This  appropriation  shall  be  administered  by  the  state  plan- 
ning and  development  commission  for  the  aid  of  regional  develop- 
ment associations.  Not  more  than  $2,825.00  may  be  allotted  by  the 
commission  to  any  one  regional  association  whose  bounds,  form  of 
organization  and  program  shall  first  have  been  approved  by  the 
commission.  Any  unexpended  portion  of  this  appropriation  shall 
lapse  and  shall  not  be  transferred  to  any  other  state  appropriation. 

t  Any  income  in  excess  of  the  above  estimate  shall  be  available 
for  further  expenditure  as  the  governor  and  council  shall  approve. 


516  Chapter  324  [1949 

For  state  tax  commission : 
Office  of  commission: 

Salary  of  two  commissioners  $8,840.00 

Salary  of  secretary  5,360.00 

Other  personal  services  20,655.00 

Current  expenses  6,980.00 

Travel  5,000.00 

Equipment  240.00 


Total  $47,075.00 

Interest  and  dividends  division : 

Personal  services  $12,106.00 

Current  expenses  2,200.00 

Travel  500.00 


Total  14,806.00 

Less  revenue  14,806.00 


Net  appropriation  0.00 

Utilities  tax : 

Personal  services  $3,373.00 

Current  expenses  150,00 

Travel  150.00 


Total  3,673.00 

Less  revenue  3,673.00 


Net  appropriation  0.00 

Tobacco  products: 

Personal  services  $21,254.00 

Current  expenses  13,700.00 

Travel  7,500.00 


Total  42,454.00 


1949]  Chapter  324  517 

Municipal  accounting  division : 


Personal  services 

$24,032.00 

Current  expenses 

1,225.00 

Travel 

5,000.00 

Equipment 

225.00 

Total 

$30,482.00 

Less  revenue 

17,900.00 

Net  appropriation 

$12,582.00 

Total  net  appropriation 

for  tax 

commission 

$102,111.00 

For  water  pollution  commission : 

Personal  services 

$18,943.00 

Current  expenses 

5,000.00 

Travel 

5,500.00 

Equipment 

500.00 

Total  for  water  pollution  commission  $29,943.00 

For  firemen's  retirement  system  $27,500.00 

For  policemen's  retirement  system  $59,000.00 

For  teachers'  retirement  system  $44,120.00 

For  employees'  retirement  system: 

Personal  services  $15,016.00 

Current  expenses  1,358.00 

Travel  600.00 

Other  expenditures  94,000.00 


Total  for  employees'  retire- 
ment system  $110,974.00 
Less  revenue  4,000.00 


Net  appropriation  $106,974.00 


518  Chapter  324  [1949 

For  mental  hygiene  clinics  and  study  home : 
Salary  of  director  $5,713.00 

Other  personal  services  22,750.42 

Current  expenses  6,000.00 

Travel  1,500.00 

Equipment  250.00 


Total  for  mental  hygiene 

clinic 

and  study  home 

$36,213.42 

)r  board  of  accountancy: 

$601.00 

Less  revenue 

601.00 

Net  appropriation 

0.00 

)r  fish  and  game  commission: 

Commission : 

Current  expenses 

$335.00 

Travel 

1,000.00 

Employees'  retirement 

17,000.00 

Total  $18,335.00 

Administration : 

Salary  of  director  $5,300.00 

Other  personal  services  20,634.00 

Current  expenses  24,760.00 

Travel  1,000.00 

Equipment  800.00 


Total  52,494.00 

Conservation  service : 

Personal  services  $86,409.00 

Current  expenses  11,650.00 

Travel  57,500.00 

Equipment  3,500.00 


Total  159,059.00 


1949]  Chapter  324  519 

Education : 

Personal  services  $8,951.00 

Current  expenses  7,725.00 

Travel  3,000.00 

Equipment  2,750.00 

Shows  6,000.00 


Total 

28,426.00 

Research : 

Personal  services 

$20,456.00 

Current  expenses 

4,460.00 

Travel 

2,000.00 

Equipment 

2,500.00 

Total 

29,416.00 

Propagation  of  fish : 

Personal  services 

$101,523.00 

Current  expenses 

173,310.00 

Travel 

7,500.00 

Equipment 

9,800.00 

Total 

292,133.00 

Propagation  of  game : 

Personal  services 

$4,060.00 

Current  expenses 

29,840.00 

Travel 

1,€00.00 

Equipment 

500.00 

Total 

35,400.00 

Pittman-Robertson : 

Personal  services 

$23,533.00 

Current  expenses 

6,615.00 

Travel 

4,000.00 

Equipment 

960.00 

Total  35,108.00 


520  Chapter  324  [1949 

Damage : 

Personal  services  $7,000.00 

Current  expenses  11,557.00 

Travel  1,800.00 

Equipment  1,500.00 

Damage  awards  6,000.00 


Total  27,857.00 

Bobcat  bounties  4,000.00 


Total  for  fish  and  game  commission      $682,228.00 
Less  estimated  revenue*  682,228.00 


Net  appropriation  0.00 

For  board  of  hairdressers: 

Personal  services  $3,316.00 

Current  expenses  1,325.00 

Travel  1,200.00 

Equipment  75.00 
Other  expenditures: 

Employees'  retirement  system       120.00 


Total  for  hairdressers' 

board  $6,036.00 

Less  revenue  6,036.00 


Net  appropriation  0.00 

For  prison  industries : 

Personal  services  $47,880.00 

Current  expenses  94,650.00 

Travel  500.00 

Equipment  2,000.00 


Total  for  prison  industries  $145,030.00 

Less  revenue  145,030.00 


Net  appropriation  0.00 


*  In  addition  to  the  above  appropriation  the  fish  and  game  de- 
partment shall  receive  for  such  disbursement  as  the  governor  and 
council  shall  approve,  any  income  received  in  excess  of  the  above 
estimate. 


1949]  Chapter  325  521 

For  aerial  tramway: 

Personal  services  $121,902.00 

Current  expenses  47,134.33 

Travel  1,000.00 

Equipment  500.00 

Contracts  260.00 

Stock  in  trade  40,000.00 

Employees'  retirement  system  6,139.67 

New  trail — summit  to  valley  8,000.00 


Total  for  aerial  tramway  $224,936.00 

Less  revenue  224,936.00 


Net  appropriation  0.00 


Total  net  appropriation  $11,586,407.14 


2.     Takes  Effect.     This   act   shall   take   effect    as    of 
July  1,  1950. 
[Approved  July  28,  1949.] 


CHAPTER  325. 

AN  ACT  RELATIVE  TO  CONTROL  OP  AIR  POLLUTION. 

Whereas,  the  pollution  of  the  atmosphere  by  foreign 
elements  not  normal  constituents  of  the  atmosphere  is  a 
potential  menace  to  the  health,  comfort  and  safety  of  the 
citizens  of  New  Hampshire ;  and 

Whereas,  it  appears  that  satisfactory  control  of  air  pollution 
may  require  a  long  range  program  so  that  persons,  firms, 
corporations  and  municipalities  may  not  be  unduly  burdened ; 
and 

Whereas,  there  appears  to  be  a  question  as  to  whether  or 
not  existing  laws  are  adequate  to  cope  with  the  situation ;  and 

Whereas,  the  diverse  conditions  pertaining  to  air  pollution 
in  the  various  towns  and  cities  in  New  Hampshire  create  a 
difficult  question  as  to  whether  the  power  to  control  air  pollu- 


522  Chapter  326  [1949 

tion  should  be  vested  in  some  agency  of  the  state  of  New 
Hampshire  or  in  the  various  towns  and  cities ;  and 

Whereas,  the  unavoidable  pollution  of  air  by  industry  re- 
quires careful  consideration  of  the  problem  of  control  of  air 
pollution;  therefore 

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

1.  Committee  Authorized.  A  joint  committee  to  consist  of 
three  members  of  the  house  and  two  members  of  the  senate 
shall  be  appointed  by  the  speaker  of  the  house  and  by  the 
president  of  the  senate,  respectively,  and  two  members  from 
the  public  shall  be  appointed  by  the  governor  to  make  a 
thorough  and  impartial  investigation  of  the  subject  of  air 
pollution  giving  particular  regard  to  the  problems  stated  in 
the  preamble  of  this  act. 

2.  Powers  and  Duties.  Said  committee  shall  have  full 
power  and  authority  to  require  from  the  several  departments, 
boards  and  commissions  of  the  state  government,  and  from 
the  officials  of  the  towns  and  cities,  such  information,  assist- 
ance and  advice  as  may  be  necessary  for  the  purposes  of  said 
committee,  and  shall  prepare  a  report  of  its  findings  and  rec- 
ommendations for  legislation,  if  any,  to  the  legislature  of  1951. 

3.  Compensation.  The  members  of  said  committee  shall 
serve  without  pay. 

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

[Approved  July  28,  1949.] 


CHAPTER  326. 


JOINT  RESOLUTION  PROVIDING  FOR  THE  RECLASSIFICATION  OF 
STATE  EMPLOYEES. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  present  classification  system  for  state  employees 
shall  be  revised  under  the  direction  and  supervision  of  the 
governor  and  council,  who  are  authorized  to  employ  such 
technical  and  clerical  assistance  as  may  in  their  discretion  be 


1949]  Chapters  327, 328  523 

necessary.  The  governor  and  council  shall  at  the  same  time 
also  make  a  study  of  the  classification  act  itself,  with  the  aid 
of  said  technical  and  clerical  assistance,  and  report  to  the  gen- 
eral court  their  findings  and  recommendations,  together  with 
any  proposed  legislation  necessary  to  carry  out  their  recom- 
mendations. A  sum  not  exceeding  $10,000  is  hereby  appro- 
priated to  carry  out  the  provisions  hereof,  and  the  governor  is 
authorized  to  draw  his  warrant  for  said  sum  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 
[Approved  February  17,  1949.] 


CHAPTER  327. 


JOINT  RESOLUTION  IN  FAVOR  OF  MASSACHUSETTS  MUTUAL  LIFE 

INSURANCE    COMPANY    AND  NEW  ENGLAND  MUTUAL  LIFE 

INSURANCE  COMPANY. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  $5,172.33  be  and  hereby  is  appropriated  to 
reimburse  Massachusetts  Mutual  Life  Insurance  Company  for 
taxes  paid  by  said  company  under  protest  for  the  year  1945  in 
excess  of  the  amount  actually  due;  and  that  the  sum  of 
$2,301.24  be  and  hereby  is  appropriated  to  reimburse  New 
England  Mutual  Life  Insurance  Company  for  taxes  paid  by 
said  company  under  protest  for  the  years  1944  and  1945  in 
excess  of  the  amounts  actually  due.  The  sums  hereby  appro- 
priated shall  be  in  full  settlement  of  the  above  claims.  The 
governor  is  hereby  authorized  to  draw  his  warrants  for  the 
sums  hereby  appropriated  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 
[Approved  March  7,  1949.] 


CHAPTER  328. 


JOINT  RESOLUTION  ESTABLISHING  A  COMMITTEE  TO  INVESTIGATE 
THE  STATUS  OF  THE  STATE  SANITARIUM  AT  GLENCLIFF. 

Resolved   by   the   Senate  and  House   of  Representatives  in 
General  Court  convened: 

That  the  senate  and  house  committees  on  public  welfare 
and  state  institutions  shall  form  a  joint  committee  (1)  for  the 


524  Chapter  329  [1949 

purpose  of  investigating  the  status  of  the  state  sanitarium  at 
Glencliff,  and  determining  whether  said  institution  should  be 
continued  in  operation  at  its  present  location  or  whether  it 
should  be  transferred  elsewhere,  and  (2)  to  investigate  gener- 
ally the  care  and  treatment  given  by  the  state  to  tubercular 
patients. 

The  state  board  of  health  and  other  st^te  agencies  and 
officials  shall  furnish  to  said  joint  committee  such  information 
as  it  may  request,  and  said  joint  committee  is  hereby  author- 
ized to  secure  such  information  and  assistance  from  any  in- 
dividual, institution  or  organization  within  or  without  the 
state,  as  it  may  deem  advisable  in  the  furtherance  of  its  duties. 

Said  joint  committee  shall  before  June  1,  1949  report  to  the 
general  court  its  findings  and  recommendations  both  as  to  the 
location  of  the  sanitarium  and  as  to  a  long  range  program  de- 
signed to  provide  the  best  service,  care  and  treatment  by  the 
state  of  tubercular  patients  and  shall  further  report  any  pro- 
posed legislation  necessary  to  carry  out  its  recommendations. 
Such  findings  and  recommendations  shall  be  made  only  by 
majority  vote  of  both  the  senate  and  house  members  of  the 
joint  committee. 

Members  of  the  committee  shall  be  allowed  their  necessary 
expenses  if  required  to  travel  outside  Concord  on  committee 
business ;  and  said  expense  and  any  expenses  incurred  as  here- 
in authorized  shall  be  a  charge  upon  the  legislative  appropri- 
ation, subject  to  the  joint  supervision  of  the  president  and 
speaker. 
[Approved  March  9,  1949.] 


CHAPTER  329. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
JOHN  H.  MCSHEA,  SR. 

Resolved   by   the   Senate  and  House   of  Representatives  in 
Geneml  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  John  H.  McShea,  Sr.,  representative  from  Man- 
chester, the  balance  of  salary  due  said  decedent  as  a  member 
of  the  house  of  representatives. 
[Approved  March  22,  1949.] 


1949]  Chapters  330, 331  525 

CHAPTER  330. 

JOINT  RESOLUTION  RELATIVE  TO  THE  ESTATE  OF 
D.  SALMON  WHITCOMB. 

Whereas,  it  appears  that  upon  settlement  of  the  estate  of 
D.  Salmon  Whitcomb,  late  of  Barrington,  in  the  county  of 
Strafford  and  state  of  New  Hampshire,  deceased,  a  balance  of 
$18,580.92  remained  undistributed  in  the  hands  of  the  admin- 
istrator of  said  estate  and  upon  a  petition  alleging  that  there 
were  no  known  heirs  of  the  said  D.  Salmon  Whitcomb,  the 
judge  of  probate  for  said  county  of  Strafford  on  February  3rd, 
1948,  ordered  the  administrator  to  pay  over  said  funds  to  the 
state  treasurer,  which  was  done  in  accordance  with  the  pro- 
visions of  section  9'Of  chapter  360  of  the  Revised  Laws;  and 

Whereas,  it  now  appears  that  there  may  be  heirs-at-law  of 
the  said  D.  Salmon  Whitcomb ;  now  therefore 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  judge  of  probate  for  the  county  of  Strafford  and 
state  of  New  Hampshire  is  hereby  authorized  to  conduct  a 
hearing  or  hearings,  at  which  any  person  or  persons  interested 
may  appear  and  present  proof  that  he  is  an  heir-at-law  of  the 
said  D.  Salmon  Whitcomb ;  and  if  such  claims,  or  any  thereof, 
shall  be  established,  the  treasurer  of  the  state  shall  be  ordered 
by  said  judge  of  probate  aforesaid  to  pay  the  sum  of 
$18,580.92  to  such  heirs  in  the  several  amounts  to  which  the 
said  judge  shall  find  them  entitled.  The  secretary  of  state  is 
hereby  authorized  to  send  a  copy  of  this  resolution  to  the  judge 
of  probate  for  the  county  of  Strafford  aforesaid,  who,  upon  re- 
ceipt thereof  shall  act  upon  the  same  forthwith. 
[Approved  March  24,  1949.] 


CHAPTER  331. 

JOINT  RESOLUTION  RELATING  TO  WORLD  GOVERNMENT. 

Whereas,  we  believe  that  world  peace  can  be  created  and 
maintained  only  under  a  world  federal  government,  universal 
and  strong  enough  to  prevent  armed  conflict  between  nations, 


526  Chapter  332  [1949 

and  having  direct  jurisdiction  over  the  individual  in  those 
matters  within  its  authority;  and 

Whereas,  in  1945  the  general  court  of  New  Hampshire 
solemnly  declared  "that  all  peoples  of  the  earth  should  now  be 
united  in  a  commonwealth  of  nations  to  be  known  as  The 
Federation  of  the  World  ..."  and 

Whereas,  we  are  mindful  of,  and  endorse,  the  efforts  of  the 
United  Nations  to  bring  about  a  world  community  favorable 
to  peace,  and  further  believe  that  every  avenue  should  be 
utilized  so  as  to  transform  the  existing  organization  of  the 
United  Nations  into  an  effective  world  government,  now  there- 
fore be  it 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  our  representatives  in  the  national  Congress  be  and 
hereby  are  requested  to  urge  the  President  and  the  Congress 
forthwith  to  take  the  initiative  in  requesting  amendments  to 
the  United  Nations  Charter  strengthening  the  United  Nations 
into  a  limited  world  federal  government  capable  of  enacting, 
interpreting  and  enforcing  laws  to  prevent  war.  The  secre- 
tary of  state  is  directed  to  send  a  copy  of  this  resolution  to  our 
representatives  in  the  national  Congress,  to  the  speaker  of  the 
national  house  of  representatives,  to  the  president  of  the 
national  senate  and  to  the  President  of  the  United  States. 
[Approved  April  7,  1949.] 


CHAPTER  332. 


JOINT  RESOLUTION  APPROPRIATING   MONEY  FOR  RENOVATION  OF 

the  ventilating  SYSTEM  IN  THE  HOUSE  OF 

REPRESENTATIVES. 

Resolved   by   the  Senate  and  House   of  Representatives  in 
Genet-ul  Court  convened: 

That  the  sum  of  not  exceeding  five  hundred  dollars  is  here- 
by appropriated  for  the  purpose  of  renovating  the  ventilating 
system  in  the  house  of  representatives  in  the  state  house.  Said 
sum  shall  be  expended  under  the  direction  of  the  superintend- 


1949]  Chapters  333, 334  527 

ent  of  the  state  house  and  the  governor  is  authorized  to  draw 
his  wai^rant  for  said  sum  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 
[Approved  May  3,  1949.] 


CHAPTER  333. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
WILLIAM  K.  DAVIS. 

Resolved  by   the  Senate  and  House   of  Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  William  K.  Davis,  representative  from  Newton, 
the  balance  of  salary  due  said  decedent  as  a  member  of  the 
house  of  representatives. 
[Approved  May  11,  1949.] 


CHAPTER  334. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
LOUIS  H.  DOUPHINETT. 

Resolved  by  the  Senate  and  Hou^e   of  Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Louis  H.  Douphinett,  representative  from  Frank- 
lin, the  sum  of  two  hundred  dollars,  salary  due  said  decedent 
as  a  member  of  the  house  of  representatives. 
[Approved  May  11,  1949.] 


528  Chapter  335  [1949 

CHAPTER  335. 

JOINT    RESOLUTION    RELATIVE    TO    THE    ESTABLISHMENT    OF    AN 

INTERIM  COMMISSION  TO  MAKE  A  STUDY  AND  SUBMIT 

A  REPORT  DESIGNED  TO  PROTECT  THE  DEMOCRATIC 

PRINCIPLES  OF  GOVERNMENT  IN  THIS  STATE 

AND  TO  EXPOSE  SUBVERSIVE  ACTIVITIES 

IN  THE  STATE. 

Whereas,  the  system  of  government  known  as  totalitarian 
dictatorship  is  characterized  by  a  single  political  party, 
organized  on  a  dictatorial  rather  than  a  democratic  basis; 
and 

Whereas,  the  establishment  of  a  totalitarian  dictatorship  in 
any  country  results  in  the  obstruction  of  free  democratic  in- 
stitutions, the  ruthless  suppression  of  all  opposition  to  the 
party  in  power,  the  complete  subordination  of  the  rights  of  in- 
dividuals to  the  state,  the  denial  of  fundamental  rights  and 
liberties  which  are  characteristic  of  a  democratic  or  repre- 
sentative form  of  government,  such  as  freedom  of  speech,  of 
the  press,  of  assembly  and  of  religious  worship,  and  results  in 
the  maintenance  of  control  over  the  people  through  feai',  ter- 
rorism and  brutality;  and 

Whereas,  there  exists  a  world  communist  movement,  which, 
in  its  origin,  its  development  and  its  present  practice,  is  a 
world-wide  revolutionary  political  movement  whose  purpose 
is,  by  treachery,  deceit,  infiltration  into  other  groups  (govern- 
mental, educational,  and  otherwise)  and  espionage,  sabotage, 
terrorism  and  any  other  means  deemed  necessary  to  establish 
a  communist  totalitarian  dictatorship  in  all  the  countries  of 
the  world  through  the  medium  of  a  single  world-wide  com- 
munist political  organization ;  and 

Whereas,  the  direction  and  control  of  the  world  communist 
movement  is  vested  in  and  exercised  by  the  communist 
dictatorship  of  a  foreign  country ;  and 

Whereas,  there  should  be  an  interim  commission  to  study, 
investigate  and  report  on  the  situation  in  New  Hampshire  for 
the  protection  of  the  democratic  principles  and  ideals  of  this 
state  and  for  the  exposure  and  expurgation  of  subversive  and 
other  illegal  activities  in  the  state  of  New  Hampshire;  now 
therefore  be  it 


1949]  Chapter  335  529 

Resolved   by   the  Senate  and  House   of  Representatives   in 
General  Court  convened: 

That  the  governor  hereby  is  authorized  and  directed  to 
appoint  a  commission  to  be  known  as  the  Interim  Commission 
on  Subversive  Activities  to  be  composed  of  nine  members  as 
follows:  Three  members  of  the  senate,  to  be  designated  by 
the  president  of  the  senate,  three  members  of  the  house  of 
representatives,  to  be  designated  by  the  speaker  of  the  house, 
and  three  residents  and  citizens  of  the  state,  to  be  designated 
by  the  governor.  One  of  said  members  shall  be  designated  by 
the  governor  to  serve  as  chairman  of  said  commission.  Said 
commission  hereby  is  authorized  and  directed  to  make  a  study 
of  the  laws  of  the  United  States  and  other  states  and  to  do 
everything  necessary  and  proper  to  formulate  and  prepare  a 
program  designed  to  protect  the  democratic  principles  and 
ideals  of  this  state  and  to  expose  and  expurgate  subversive 
and  other  illegal  activities  in  the  state.  Said  commission  shall 
make  a  report  of  its  findings  to  the  governor  and  council  on 
or  before  January  1,  1951.  All  departments  and  agencies  of 
the  state  are  directed  to  assist  the  commission  in  carrying  out 
its  duties  hereunder,  as  may  be  requested  by  the  commission. 
The  sum  of  three  thousand  five  hundred  dollars  is  hereby 
appropriated  to  pay  the  necessary  secretarial  and  related  in- 
cidental expenses  which  may  be  incurred  by  the  commission 
which  sum  shall  include  a  per  diem  allowance  to  the  members 
of  the  commission  when  engaged  on  official  duties.  The  gov- 
ernor is  authorized  to  draw  his  warrant  for  the  sum  herein 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated.  The  words  "subversive  activities"  as  used  in 
this  resolution  shall  mean  advocacy  of,  or  persuasion  of  others 
to  accept,  the  doctrine  of  overthrow  by  force  of  the  govern- 
ment of  the  United  States  or  of  this  state. 
[Approved  May  12,  1949.] 


530  Chapters  336,  337,  338  [1949 

CHAPTER  336. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
FRANK  H.  PEASLEE. 

Resolved   by   the  Setiate  and  House   of  Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Frank  H.  Peaslee,  representative  from  Weare,  the 
sum  of  two  hundred  dollars,  salary  due  said  decedent  as  a 
member  of  the  house  of  representatives. 
[Approved  May  12,  1949.] 


CHAPTER  337. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
E.  JAMES  WINSLOW. 

Resolved   by   the  Senate  and  House   of  Repu'esentatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay 
to  the  estate  of  E.  James  Winslow,  representative  from  Keene, 
the  balance  of  salary  due  said  decedent  as  a  member  of  the 
house  of  representatives. 
[Approved  May  12,  1949.] 


CHAPTER  338. 


JOINT  RESOLUTION  CONCERNING  A  BRIDGE  IN  THE  TOWN 
OF  WARNER. 

Whereas,  there  is  at  present  an  old  covered  bridge  in  the 
town  of  Warner  known  as  Bagley  bridge  now  barricaded  and 
closed  as  being  unsafe  for  travel,  a  condition  due  in  part  to 
emergency  diversion  of  primary  state  highway  traffic ;  and 

Whereas,  chapter  323  of  the  Laws  of  1947  authorized  the 
highway  department  to  expend  from  the  funds  of  the  depart- 
ment the  sum  of  thirteen  thousand  dollars  for  the  rebuilding 
of  the  so-called  Bagley  bridge  in  the  town  of  Warner  provided 


1949]  Chapter  339  531 

that  the  town  of  Warner  shall  appropriate  the  sum  of  two 
thousand  dollars  to  cover  the  cost  of  building  approaches  to 
said  bridge ;  now  therefore 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  highway  department  is  hereby  relieved  of  any 
obligation  to  the  town  of  Warner  insofar  as  the  same  shall 
apply  to  Bagley  bridge  in  said  town  but  said  department  is 
authorized  to  expend  from  the  funds  of  the  department  the 
sum  of  thirteen  thousand  dollars  for  the  rebuilding  of  the  so- 
called  John  Ela  bridge  in  the  central  part  of  said  town  pro- 
vided that  the  town  of  Warner  shall  appropriate  the  sum  of 
two  thousand  dollars  to  cover  the  cost  of  building  approaches 
to  said  bridge  and  provided  further  that  any  costs  in  excess 
of  the  above  amount  for  rebuilding  said  John  Ela  bridge  shall 
be  as  provided  by  law  for  town  bridge  aid. 
[Approved  May  20,  1949.] 


CHAPTER  339. 


JOINT  RESOLUTION  PROVIDING  FOR  A  COMMITTEE  TO  INVESTIGATE 
TAX  EXEMPTION  LAWS. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  a  joint  committee  to  consist  of  three  members  of  the 
house  and  two  members  of  the  senate  be  appointed  by  the 
speaker  of  the  house  and  by  the  president  of  the  senate,  re- 
spectively, to  investigate  the  matter  of  tax  exempt  property 
of  every  kind  in  the  state,  with  particular  reference  to  the 
laws  governing  and  permitting  such  exemptions,  and  to  de- 
termine whether  or  not  exemptions  so  granted  were,  and  are 
now,  in  strict  compliance  with  the  statutes.  Said  committee 
shall  have  all  the  powers  conferred  upon  the  committee  author- 
ized by  chapter  328  of  the  Laws  of  1947,  the  membership  of 
which  prior  committee  is  hereby  dissolved.  The  members  of 
the  committee  established  under  the  provisions  hereof  shall 
serve  without  pay  but  may  be  reimbursed  for  actual  and 
necessary   expenses   incurred   by  the   committee   in   securing 


532  Chapters  340, 341  [1949 

such  information  as  may  be  required  hereunder.  Any  balance 
of  the  appropriation  made  under  the  provisions  of  said 
chapter  328  shall  not  lapse  but  shall  be  available  for  the  use 
of  the  committee  hereby  established.  Said  committee  shall 
make  a  report  of  its  findings  and  recommendations  to  the 
legislature  of  1951. 
[Approved  May  26,  1949.] 


CHAPTER  340. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
ROSS  L.  PIPER. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Ross  L.  Piper,  representative  from  Laconia,  the 
balance  of  salary  due  said  decedent  as  a  member  of  the  house 
of  representatives. 
[Approved  May  26,  1949.] 


CHAPTER  341. 

JOINT  RESOLUTION  IN  FAVOR  OF  LUIGI  CILLI. 

Resolved   by   the   Senate   and  House   of  Representatives  in 
Generul  Court  convened: 

That  the  sum  of  $186.07  be  paid  to  Luigi  Cilh  of  Jaffrey  to 
reimburse  him  for  certain  legacy  taxes  which  he  erroneously 
paid  to  the  state.  The  governor  is  hereby  authorized  to  draw 
his  warrant  for  said  sum  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 
[Approved  June  4,  1949.] 


1949]  Chapters  342,  343,  344  533 

CHAPTER  342. 

JOINT  RESOLUTION  IN  FAVOR  OF  BENJAMIN  F.  GREER. 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  four  hundred  dollars  is  hereby  appropri- 
ated to  reimburse  Benjamin  F.  Greer  of  Goffstown  for  services 
as  clerk  of  the  Senate.     The  sum  hereby  appropriated  shall  be 
a  charge  upon  the  legislative  appropriation. 
[Approved  June  4,  1949.] 


CHAPTER  343. 

JOINT  RESOLUTION  IN  FAVOR  OF  BLANCHE  B.  COUTURE. 

Resolved   by   the   Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  twenty-five  hundred  dollars  ($2500)  is 
hereby  appropriated  to  compensate  Blanche  B.  Couture  of 
Nashua,  New  Hampshire,  for  personal  injuries  to  wit,  a  com- 
pound fracture  of  the  right  ankle,  including  the  pain  and 
suffering,  and  for  expenses  of  hospital,  medical  and  nursing 
care  in  connection  therewith,  caused  by  a  defectively  supported 
step  in  the  Franconia  Notch  Reservation,  to  wit,  in  the  Flume 
Gorge,  so-called,  on  October  9,  1948,  and  said  sum  shall  be  in 
full  settlement  of  said  claim.  The  governor  is  hereby  author- 
ized to  draw  his  warrant  for  the  sum  hereby  appropriated  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  June  9,  1949.] 


CHAPTER  344. 

JOINT  RESOLUTION  IN  FAVOR  OF  SAMUEL  JOVIN. 

Resolved   by   the   Senate   and  Hov^e   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  one  hundred  forty-five  dollars  be  paid  to 
Samuel  Jovin  of  Hillsborough  to  reimburse  him  for  damages 
to  his  truck  occasioned  by  an  accident  which  occurred  June  3, 


534  Chapters  345,346  [1949 

1948  on  the  state  highway  in  the  town  of  Grantham  due  to  a 
defect  in  the  culvert  on  said  state  highway.     The  governor  is 
authorized  to  draw  his  warrant  for  said  sum  and  the  same 
shall  be  a  charge  upon  the  highway  funds. 
[Approved  June  13,  1949.] 


CHAPTER  345. 


JOINT   RESOLUTION    IN    FAVOR   OF    THE   ESTATES    OF    MAURICE  A. 
ROBERTS,  SHIRLEY  S.  PHILBRICK  AND  JOHN  M.  TEWKSBURY. 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Maurice  A.  Roberts,  representative  from  Orford, 
the  balance  of  salary  due  said  decedent  as  a  member  of  the 
house  of  representatives,  to  the  estate  of  Shirley  S.  Philbrick, 
representative  from  Rye,  the  balance  of  salary  due  said  de- 
cedent as  a  member  of  the  house  of  representatives,  to  the 
estate  of  John  M.  Tewksbury,  representative  from  Cornish, 
the  balance  of  salary  due  said  decedent  as  a  member  of  the 
house  of  representatives. 
[Approved  June  13,  1949.] 


CHAPTER  346. 

JOINT  RESOLUTION   IN    FAVOR  OF  SAMUEL  W.   TENOFSKY. 

Resolved   by   the   Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  seven  thousand  seven  hundred  fifty-seven 
dollars  and  twenty-seven  cents  ($7,757.27)  is  hereby  appro- 
priated as  follows:  The  sum  of  one  hundred  ninety-nine 
dollars  to  be  allowed  and  paid  to  James  M.  Ballou,  M.  D.  of 
53  Summer  Street,  Keene,  N.  H.,  the  sum  of  thirty  dollars  to 
be  allowed  and  paid  to  W.  R.  MacAusland,  M.  D.  of  412  Beacon 
Street,  Boston,  Mass.,  the  sum  of  ten  dollars  to  be  allowed  and 
paid  to  Samuel  Lowis,  M.  D.  of  475  Commonwealth  Avenue, 


1949]  Chapter  347  535 

Boston,  Mass.,  the  sum  of  fifty-six  dollars  to  be  allowed  and 
paid  the  Keene  Clinic,  331  Main  Street,  Keene,  N.  H.,  the  sum 
of  eleven  dollars  and  fifty  cents  to  be  allowed  and  paid  the 
Elliot  Community  Hospital,  Keene,  N.  H.,  the  sum  of  six  hun- 
dred and  three  dollars  and  eighty  cents  to  be  allowed  and  paid 
the  Bullard  and  Shedd  Co.,  Inc.,  Keene,  N.  H.,  the  sum  of 
ninety-seven  dollars  and  fifty  cents  to  be  allowed  and  paid 
Sears,  Roebuck  and  Co.,  of  41  Central  Square,  Keene,  N.  H., 
the  sum  of  twenty-one  dollars  and  forty-seven  cents  to  be 
allowed  and  paid  Medical  Hall,  Inc.,  of  52-55  Main  Street, 
Keene,  N.  H.,  the  sum  of  two  hundred  twenty-eight  dollars  to 
be  allowed  and  paid  the  Keene  Visiting  Nurse  Association, 
Keene,  N.  H.,  expenses  on  account  of  an  accident  suffered  by 
Samuel  W.  Tenofsky  on  August  26,  1944,  when  on  duty  as  a 
member  of  the  state  guard ;  and  in  addition  thereto  the  sum  of 
six  thousand  five  hundred  dollars  is  hereby  allowed  said 
Sajnuel  W.  Tenofsky,  to  him  or  to  his  wife  and  children,  to  be 
paid  in  weekly  installments  of  sixty-five  dollars  per  week  for 
one  hundred  weeks.  The  governor  is  hereby  authorized  to 
draw  his  warrants  for  the  sums  hereby  appropriated  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  June  15,  1949.] 


CHAPTER  347. 

JOINT  RESOLUTION  IN  FAVOR  OF  ALFRED  M.  JENNESS. 

Resolved   by   the  Senate  and  House   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  one  thousand  forty-three  dollars  and 
twenty-eight  cents  ($1,043.28)  be  and  hereby  is  appropriated 
to  Alfred  M.  Jenness  of  Hampton  for  balance  of  salary  due 
from  June  1,  1947  to  January  6,  1949  to  meet  classification  re- 
quirements for  conservation  officers.  The  sum  appropriated 
shall  be  a  charge  upon  the  funds  of  the  department  of  fish  and 
game. 
[Approved  June  15,  1949.] 


536  Chapter  348  [1949 

CHAPTER  348. 

JOINT  RESOLUTION  PROVIDING  FOR  A  COMMITTEE  TO  STUDY 
HOSPITAL  CARE  AND  RATES. 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Caurt  convened: 

That  the  governor,  with  the  advice  and  consent  of  the 
council,  is  hereby  authorized  and  directed  to  appoint  a  com- 
mittee to  consist  of  seven  competent  and  quahfied  persons  for 
the  purpose  of  studying  and  analyzing  hospital  care  and  rates 
to  be  paid  by  the  state  to  hospitals  for  services  to  recipients 
of  public  assistance.  Such  committee  shall  include  two 
hospital  officials;  one  county  relief  official;  one  city  or  town 
relief  official;  and  three  laymen.  The  committee  shall  be 
authorized  to  establish  subcommittees  either  from  within  or 
without  its  membership,  in  furtherance  of  its  studies.  The 
committee  shall  report  its  findings  and  recommendations  in 
writing  to  this  legislature,  together  with  a  draft  of  any  bills 
whose  enactment  it  may  recommend.  The  members  of  this 
committee  shall  serve  without  compensation,  but  shall  be  re- 
imbursed for  their  actual  expenses ;  they  shall  have  power  to 
summon  witnesses,  who  shall  appear  and  may  be  required  to 
testify  under  oath,  to  require  the  production  of  papers  and 
reports,  and  to  employ  any  necessary  legal,  technical,  clerical, 
stenographic,  or  other  assistance  and  may  require  from  the 
state  departments  such  assistance  as  may  be  necessary.  A 
sum  not  to  exceed  three  thousand  dollars  is  hereby  appro- 
priated to  carry  into  effect  the  provisions  hereof,  and  the  gov- 
ernor is  hereby  authorized  to  draw  his  warrant  therefor  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  June  21,  1949.] 


1949]  Chapters  349,  350  537 

CHAPTER  349. 

JOINT  RESOLUTION  TO  ESTABLISH   AN   INTERIM  COMMISSION   TO 

STUDY  THE  PRESENT  MOTOR  VEHICLE  FINANCIAL 

RESPONSIBILITY  LAW. 

Resolved   by   the   Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  governor  with  the  advice  and  consent  of  the 
council,  is  hereby  authorized  and  directed  to  appoint  a  com- 
mission of  five  members  for  the  purpose  of  making  a  complete 
study  of  the  state's  present  motor  vehicle  financial  responsi- 
bility law  and  related  laws,  the  present  methods  used  in  effect- 
ing automobile  liability  insurance,  and  proposed  legislation, 
the  commission  to  report  such  recommendations  as  it  may 
deem  advisable  to  the  1951  session  of  the  general  court,  said 
report  and  recommendations  to  be  filed  on  or  before  Decem- 
ber 31,  1950.  The  members  of  said  commission  shall  serve 
without  pay. 
[Approved  July  27,  1949.] 


CHAPTER  350. 


JOINT  RESOLUTION  TO  ESTABLISH   AN  INTERIM   COMMISSION   TO 

STUDY  THE  LAWS  OF  THE  STATE  PERTAINING  TO  PUBLIC 

UTILITIES. 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  a  commission  of  five  members  be  appointed,  as  here- 
inafter provided,  to  study  the  laws  of  the  state  regulating  or 
pertaining  to  public  utilities.  Said  commission  shall  be 
appointed  by  the  governor  with  the  advice  and  consent  of  the 
council  prior  to  August  1,  1949.  Vacancies  occurring  shall  be 
filled  in  the  same  manner.  Said  commission  shall  make  a 
careful  study  of  present  laws  regulating  or  pertaining  to  rail- 
roads and  public  utilities  and  of  the  need  or  advisability  of 
further  legislation  relating  thereto  for  the  purpose  of  protect- 
ing the  interests  of  all  interested  parties.  Said  committee 
shall   have   full   power   and   authority   to   require   from   the 


538  Chapter  351  [1949 

several  departments,  agencies  and  officials  of  the  state,  cities 
and  towns,  and  from  individuals,  partnerships  and  corpo- 
rations, such  information  and  assistance  as  it  may  deem 
necessary  for  the  purposes  of  the  commission.  The  members 
of  said  commission  shall  serve  without  compensation.  Said 
commission  shall  report  its  findings  and  recommendations,  to- 
gether with  any  proposed  legislation  necessary  to  carry  out  its 
recommendations,  to  the  next  regular  session  of  the  legis- 
lature, during  the  first  week  of  said  session.  The  reasonable 
expenses  of  said  commission  shall  be  a  charge  upon  the  appro- 
priation of  the  public  service  commission  and  the  governor  is 
hereby  authorized  to  draw  his  warrant  for  said  sum. 
[Approved  July  28,  1949.] 


CHAPTER  351. 


JOINT  RESOLUTION  REIMBURSING  CERTAIN  TOWNS  EOR  FOREST 
FIRE  EXPENSES. 

Resolved   by   the   Senate   and  Hoiise   of  Representatives   in 
General  Court  convened: 

That  the  sum  of  $1,321.67  is  hereby  appropriated  to  re- 
imburse the  following  towns  in  the  following  amounts  for  ex- 
penses incurred  on  account  of  accidents  for  forest  fires  in  said 
towns  October  1947  and  August  1948:  Ashland,  $109.42; 
Effingham,  $618.00;  Farmington,  $175.75;  Newbury,  $10.00; 
Plymouth,  $220.00;  Wakefield,  $72.50;  Walpole,  $116.00.  The 
governor  is  authorized  to  draw  his  warrant  for  the  sums  here- 
inbefore appropriated  out  of  any  money  in  the  treasury  not 
otherwise  provided. 
[Approved  July  28,  1949.] 


1949]  Chapters  352,  353  539 

CHAPTER  352, 

JOINT  RESOLUTION  RELATIVE  TO  FUNDS  FOR  DEVELOPMENT  OF 

AERONAUTICAL  FACILITIES  AND  RELATIVE  TO  A  CERTAIN 

PRIVATE  CLAIM. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  $5,323.47  is  hereby  appropriated  only  for 
the  development  of  aeronautical  safety.  The  sum  hereby  appro- 
priated shall  be  expended  under  the  direction  of  the  state 
aeronautics  commission  and  the  same  shall  be  a  charge  upon 
the  funds  now  retained  in  the  treasury  as  unrefunded  road 
toll  funds. 

That  the  sum  of  thirty-two  dollars  and  sixty-five  cents 
($32.65)  be  appropriated  to  Harold  T.  Killeen  of  Walpole  to 
compensate  and  reimburse  him  for  damages  caused  to  his  car 
due  to  negligence  of  the  highway  department  in  not  removing 
rocks  from  the  sand  in  the  center  of  the  road  between  East 
Alstead  and  Alstead  on  June  9,  1949.  Said  sum  hereby  appro- 
priated shall  be  a  charge  upon  the  state  highway  fund. 
[Approved  July  28,  1949.] 


CHAPTER  353. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
PERL  L.  HUTCHINS. 

Resolved   by   the  Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  authorized  to  pay 
to  the  estate  of  Perl  L.  Hutchins  the  balance  of  salary  due  said 
decedent  as  a  member  of  the  house  of  representatives. 
[Approved  July  28,  1949.] 


540  Chapters  354,  355  [1949 

CHAPTER  354. 

JOINT  RESOLUTION  IN  FAVOR  OF  BRENDAN  J.  SPLAINE 
AND  DAVID  A.  PROCTOR. 

Resolved   by   the   Senate   and  House   of  Representatives  in 
General  Court  convened: 

That  the  sum  of  fifty-seven  dollars  and  fifty  cents  ($57.50) 
is  hereby  appropriated  to  reimburse  Brendan  J.  Splaine  for 
medical  and  hospital  expenses  incurred  by  him  as  a  result  of 
an  accident  which  occurred  in  May,  1948,  while  he  was  on  duty 
as  a  member  of  the  national  guard  at  the  Franklin  armory. 
The  governor  is  authorized  to  draw  his  warrant  for  said  sum 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

That  the  sum  of  five  hundred  eight  dollars  and  twenty  cents 
($508.20)  is  hereby  appropriated  to  continue  semi-monthly 
payments  to  David  A.  Proctor  of  Littleton  from  September, 
1950,  to  March,  1951.  The  sum  hereby  appropriated  shall  be 
expended  in  the  same  manner  as  payments  are  now  made  by 
the  highway  department  to  said  David  A.  Proctor  for  special 
retirement  benefits.  The  sum  hereby  appropriated  shall  be  a 
charge  upon  the  highway  funds. 
[Approved  July  28,  1949.] 


CHAPTER  355. 


JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
OCTAVE  J.  GOULET. 

Resolved   by   the   Sen-ate   and  House   of  Rept^esentafives  in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  authorized  to  pay 
to  the  estate  of  Octave  J.  Goulet  the  balance  of  salary  due  said 
decedent  as  member  of  the  house  of  representatives. 
[Approved  July  28,  1949.] 


1949]  Chapters  356,  357  541 

CHAPTER  356. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF 
ANDREW  C.  ELLIOTT. 

Resolved   by   the  Senate   and  House   of  Representatives   in 
General  Court  convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to 
the  estate  of  Andrew  C.  Elliott,  representative  from  Milford, 
the  balance  of  salary  due  said  deced-ent  as  a  member  of  the 
house  of  representatives. 
[Approved  July  28,  1949.] 


CHAPTER  357. 


JOINT  RESOLUTION  IN  FAVOR  OF  CLARENCE  A.  DUBOIS  AND 

OTHERS. 

Resolved   by   the   Senate   and  House    of   Representatives   in 
General  Court  convened: 

That  Clarence  A.  DuBois,  sergeant-at-arms  of  the  house, 
be  allowed  the  sum  of  $1,287;  that  John  S.  Ball,  sergeant-at- 
arms  of  the  senate,  be  allowed  the  sum  of  $1,170;  that  Cyril 
J.  Fretwell,  clerk  of  the  house,  be  allowed  the  sum  of  $2,500 ; 
that  Benjamin  F.  Greer,  clerk  of  the  senate,  be  allowed  the 
sum  of  $2,500,  including  the  filing  of  the  permanent  journal; 
that  Robert  L.  Stark,  assistant  clerk  of  the  house,  be  allowed 
the  sum  of  $2,400 ;  that  Frank  M.  Ayer,  assistant  clerk  of  the 
senate,  be  allowed  the  sum  of  $2,100;  the  sums  for  the  clerks 
and  assistant  clerks  to  include  the  statutory  salary  in  each 
case ;  that  Frank  N.  Jordan,  custodian  of  mail  and  supplies  of 
the  house,  be  allowed  the  sum  of  $1,086;  that  Lenne  C. 
Twombly,  doorkeeper  of  the  house,  be  allowed  the  sum  of 
$475 ;  that  John  Twombly,  doorkeeper  of  the  house,  be  allowed 
the  sum  of  $410 ;  that  Sherman  L.  Greer,  Florence  J.  Danforth 
and  Mabel  L.  Richardson,  doorkeepers  of  the  house  be  allowed 
the  sum  of  $880  each;  that  Frank  D.  Gay,  doorkeeper  of  the 
senate,  be  allowed  the  sum  of  $880 ;  that  Oney  Russell,  warden 
of  the  coat  room  of  the  house,  be  allowed  the  sum  of  $885 ; 
that  Leon  R.  Hayes,  assistant  wai'den  of  the  coat  room  of  the 


542  Chapter  357  [1949 

house,  be  allowed  the  sum  of  $855;  that  Carl  E.  Wallace, 
library  messenger  of  the  house,  be  allowed  the  sum  of  $885; 
that  Lloyd  Fogg,  telephone  messenger  of  the  house,  be  allowed 
the  sum  of  $885 ;  that  Russell  Bickf  ord,  telephone  messenger 
of  the  senate,  be  allowed  the  sum  of  $880 ;  that  Rene  Dufort, 
messenger  of  the  senate,  be  allowed  the  sum  of  $880 ;  that  Earl 
Pollard,  assistant  messenger  of  the  senate,  be  allowed  the  sum 
of  $900 ;  that  Arthur  L.  Carpenter,  speaker's  page,  be  allowed 
the  sum  of  $885 ;  that  James  Martin,  page,  be  allowed  the  sum 
of  $895 ;  that  John  W.  Todd,  page,  be  allowed  the  sum  of  $850 ; 
that  Frank  Burr,  page,  be  allowed  the  sum  of  $850;  that 
Thurber  Jewett,  page,  be  allowed  the  sum  of  $830;  that 
Edward  Baker,  page,  be  allowed  the  sum  of  $850 ;  that  Alice 
V.  Flanders,  house  stenographer,  be  allowed  the  sum  of  $1,674; 
that  Bessie  A.  Callaghan,  senate  stenographer,  be  allowed  the 
sum  of  $1,584;  that  Grace  J.  White,  senate  stenographer,  be 
allowed  the  sum  of  $1,424;  that  Margaret  L.  Ford,  house 
stenographer,  be  allowed  the  sum  of  $1,056;  that  Helene  H. 
Wester,  house  stenographer,  be  allowed  the  sum  of  $996 ;  that 
Helen  Y.  Andrews,  judiciary  stenographer,  be  allowed  the 
sum  of  $1,424;  that  Eleanor  C.  Brown,  appropriations 
stenographer,  be  allowed  the  sum  of  $1,440;  that  Esther  T. 
Hurd,  speaker's  stenographer,  be  allowed  the  sum  of  $1,157; 
that  Mary  B.  Parsons,  legislative  stenographer,  be  allowed  the 
sum  of  $500 ;  that  Alice  P.  Boutwell,  mileage  clerk,  be  allowed 
the  sum  of  $1,157;  that  Palmer  C.  Read,  judiciary  messenger, 
be  allowed  the  sum  of  $890 ;  that  Eugene  C.  Williams,  appro- 
priations messenger,  be  allowed  the  sum  of  $885 ;  that  Carl 
D.  Hayes,  page,  be  allowed  the  sum  of  $20;  that  Richard 
Palmer,  Joseph  Comi,  Eugene  O'Neil,  Pasquale  Rufo,  pages, 
be  allowed  the  sum  of  $15  each;  that  George  Hurd,  custodian 
of  mail  and  supplies,  be  allowed  the  sum  of  $15 ;  that  Winslow 
H.  Osborne  be  allowed  the  sum  of  $3,255.66  for  professional 
services,  and  the  sum  of  $838.13  for  stenographic  services; 
that  Gordon  M.  Tiffany  be  allowed  the  sum  of  $332.50  for  pro- 
fessional services,  the  sum  of  $20.30  for  stenographic  services, 
the  sum  of  $60.41  for  expenses,  and  the  sum  of  $3,000  as  legis- 
lative advisor  to  the  executive  department;  that  Nathalie 
Douillette,  stenographer,  be  allowed  the  sum  of  $118.04;  that 
Marion  Alexander,  legislative  assistant,  be  allowed  the  sum 
of  $184.50 ;  that  Sullivan  and  Gregg,  attorneys  for  legislative 


1949]  Chapter  357  543 

investigation,  be  allowed  the  sum  of  $2,942.26 ;  that  the  super- 
intendent of  state  buildings  and  grounds  be  allowed  the  sum 
of  $1,194.17  for  extra  janitor  service;  that  the  office  of  secre- 
tary of  state  be  allowed  the  sum  of  $700  or  as  much  of  said 
sum  as  is  needed  for  the  employment  of  the  clerk  of  the  house, 
or  assistant  clerk,  as  the  case  may  be,  at  the  rate  of  $35  per 
week  for  each  week  served  for  the  period  between  the  adjourn- 
ment of  this  session  and  the  next  special  session  of  the  legis- 
lature, for  legislative  work,  including  the  filing  of  the  perma- 
nent journal.  Said  clerk  or  assistant  clerk  shall  serve  under 
the  direction  of  the  secretary  of  state  in  such  capacity  as  said 
secretary  may  direct. 

The  above  mentioned  sums  shall  be  a  charge  upon  the  legis- 
lative appropriation. 
[Approved  July  28,  1949.] 


PRIVATE  ACTS 


CHAPTER  358. 


AN  ACT  RELATING  TO  THE  POWERS  OF  THE  VILLAGE  PRECINCT  OF 
HANOVER  TO  INSTALL  PARKING  METERS. 

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

1.  Village  Precinct  of  Hanover.  Amend  chapter  225  of  the 
Laws  of  1901  as  amended  by  chapter  293  of  the  Laws  of  1935 
by  inserting  after  section  3  the  following  new  section: 
Sect.  3-a.  The  said  precinct  shall  have  the  power  at  any  legal 
meeting  to  vote  to  authorize  installation  of  parking  meters 
on  any  street  or  public  parking  area  in  said  precinct  and  the 
power  to  establish  reasonable  charges  for  parking  to  be  paid 
through  such  meters. 

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

[Approved  February  8,  1949.] 


CHAPTER  359. 


AN  ACT  AUTHORIZATING  THE  CITY  OF  CLAREMONT  TO  ISSUE 

REFUNDING  BONDS  AND  VALIDATING  OUTSTANDING 

BONDS  AND  NOTES. 

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

1.  Authorization.  The  city  of  Claremont  is  hereby  author- 
ized to  issue  not  exceeding  one  hundred  ninety  thousand 
dollars  refunding  bonds  payable  in  not  exceeding  ten  years 
from  their  date  for  the  purpose  of  paying  outstanding  bonds 
or  notes  for  which  the  city  is  liable.  Except  as  above  provided 
the  provisions  of  chapter  72  of  the  Revised  Laws  shall  be 
applicable  to  said  refunding  bonds. 

2.  Validation.  All  outstanding  bonds  or  notes  of  the  town 
of  Claremont  and  of  the  city  of  Claremont  are  hereby  validated. 

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

[Approved  February  10,  1949.] 


1949]  Chapters  360,  361  545 

CHAPTER  360. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  TEMPLE  TO  ISSUE  NOTES  IN 
PAYMENT  FOR  CERTAIN  1948  OPERATING  EXPENSES. 

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

1.  Authorization.  The  town  of  Temple,  having  incurred 
certain  major  expenses  in  connection  with  a  forest  fire  which 
occurred  September  25,  1948,  is  hereby  authorized  and  em- 
powered to  issue  serial  notes  to  an  amount  not  exceeding 
thirty-eight  hundred  dollars  ($3800)  for  the  purpose  of  pay- 
ing for  said  forest  fire  expense.  Said  issue  of  serial  notes  shall 
be  due  and  payable  in  equal  amounts  at  such  time,  not  more 
than  three  years  from  date  of  issue  as  the  selectmen  may  de- 
termine, and  at  a  rate  of  interest  to  be  fixed  by  the  selectmen 
or  by  the  town  at  its  next  annual  meeting. 

2.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  town  of  Temple  at  the  special  meeting  of  December  17, 
1948,  are  hereby  ratified,  legahzed  and  confirmed. 

3.  Takes  Effect.  This  act  shall  not  take  effect  unless  and 
until  the  town  of  Temple  at  its  next  annual  meeting  on 
March  8,  1949,  votes  to  borrow  in  accordance  with  section  1 
hereof. 

[Approved  February  10,  1949.] 


CHAPTER  361. 


AN  ACT  RELATIVE  TO  TRANSFER  OF  FUNDS  FROM  THE  TOWN  TO 
THE  SCHOOL  DISTRICT  IN  ASHLAND. 

Whereas  the  town  of  Ashland  has  established  a  capital  re- 
serve fund  for  the  purchase  of  land  and  the  erection  of  an 
assembly  building  for  the  use  of  the  school  and  the  public  and 

Whereas  the  town  cannot  raise  or  appropriate  money  for 
school  purposes,  now  therefore 

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

1.  Transfer  Authorized.  The  town  of  Ashland  is  hereby 
authorized  to  transfer  from  its  capital  reserve  fund  to  the 
school  district  of  said  town  the  funds  and  the  interest  thereon 


546  Chapters  362,  363  [1949i 

heretofore  raised  and  appropriated  for  the  purchase  of  land 
and  the  erection  of  an  assembly  building. 

2.  School  District.  The  school  district  of  the  town  of  Ash- 
land is  hereby  authorized  to  accept  from  the  town  the  funds 
described  in  section  1  and  to  use  said  funds  for  the  purchase 
of  land  and  the  erection  of  an  assembly  building. 

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

[Approved  February  17,  1949.] 


CHAPTER  362. 


AN  ACT  LEGALIZING  THE  NOVEMBER  ELECTION  OF  1948   IN  THE 
TOWN  OF  CONWAY. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  biennial  election  in  the  town  of  Conway  on  the  second  day 
of  November,  1948,  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  February  23,  1949.] 


CHAPTER  363. 


AN  ACT  LEGALIZING  THE  BIENNIAL   ELECTION   IN   THE   TOWN   OF 

HAMPSTEAD. 

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

1.  Proceedings  Legalized.  The  proceedings  of  the  biennial 
election  held  by  the  town  of  Hampstead  on  November  2,  1948, 
are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  February  23,  1949.] 


1949]  Chapters  364, 365  547 

CHAPTER  364. 

AN  ACT  VALIDATING  BONDS  ISSUED  BY  WALLIS  SANDS,  RYE  NORTH 

BEACH    &   FOSS    BEACH    DISTRICT   AND   CHANGING    THE 

NAME  OF  THE  DISTRICT  TO  RYE  WATER  DISTRICT. 

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

1.  Action  Validated.  The  one  hundred  water  works  con- 
struction bonds  issued  as  of  August  1,  1947  by  WaUis  Sands, 
Rye  North  Beach  &  Foss  Beach  District,  under  authority  of 
chapter  394,  Laws  of  1947,  payable  in  the  principal  amount  of 
$1000  each,  with  interest  at  2%  per  annum,  payable  on 
February  1  and  August  1  of  each  year  and  payable  as  to  prin- 
cipal, $3,000  on  August  1  of  each  year  1949  to  1964,  inclusive, 
and  $4,000  August  1  of  each  year  1965  to  1977,  inclusive,  and 
purporting  to  have  been  issued  under  authority  of  a  vote  of  the 
said  district  at  a  special  meeting  thereof  on  July  23,  1947,  be 
and  they  hereby  are  declared  to  be  the  legal  and  binding 
obligations  of  said  district  and  payable  according  to  their 
terms,  and  of  the  same  force  and  effect  as  if  they  had  been 
issued  in  strict  compliance  with  all  applicable  statutes. 

2.  Name  Changed.  The  name  of  Wallis  Sands,  Rye  North 
Beach  &  Foss  Beach  District  is  hereby  change  to  Rye  Water 
District. 

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

[Approved  February  23, 1949.] 


CHAPTER  365. 

AN  ACT  LEGALIZING  CERTAIN  ACTION  AT  THE  1948  TOWN 
MEETING  IN  NEWPORT. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  rela- 
tive to  the  adoption  of  the  municipal  budget  act  at  the  annual 
town  meeting  in  the  town  of  Newport  held  in  March,  1948,  are 
hereby  legalized,  ratified  and  confirmed. 

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

[Approved  February  24,  1949.] 


548  Chapters  366,  367,  368  [1949 

CHAPTER  366. 

AN  ACT  LEGALIZING  CERTAIN  TOWN   MEETINGS  IN  THE 
TOWN  OF  JACKSON. 

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

1.  Proceedings  Leg'alized.  The  votes  and  proceedings  at 
the  primary  election  in  September,  1948,  and  tlie  November 
election  of  1948  in  the  town  of  Jackson  are  hereby  legalized, 
ratified  and  confirmed. 

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

[Approved  March  1,  1949.] 


CHAPTER  367. 


AN  ACT  TO  LEGALIZE  A  SPECIAL  MEETING  OF  THE  SCHOOL 
DISTRICT  OF  THE  TOWN  OF  NEW  HAMPTON. 

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

1.  Legalizing  Meetings.  The  proceedings  and  acts  of  the 
special  meeting  of  the  school  district  of  the  town  of  New 
Hampton  held  on  June  15,  1948,  are  hereby  legalized,  ratified 
and  confirmed. 

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

[Approved  March  1,  1949.] 


CHAPTER  368. 


AN  ACT  LEGALIZATING  CERTAIN   TOWN  AND  SCHOOL  DISTRICT 
MEETINGS  IN  THE  TOWN  OF  SUTTON. 

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

1.     Proceedings  Legalized.     The   votes  and   proceedings   of 
the  town  meeting  in  the  town  of  Sutton  held  March  9,  1948 


1949]  Chapters  369,  370  549 

and  the  votes  and  proceedings  of  the  school  district  meeting 
in  said  town  of  Sutton  held  March  6,  1948  are  hereby  legalized, 
ratified  and  confirmed. 

2.     Takes    Effect.      This   act    shall    take    effect   upon   its 
passage. 
[Approved  March  1,  1949.] 


CHAPTER  369. 


AN   ACT   LEGALIZING    CERTAIN    TOWN    MEETINGS    IN    THE 
TOWN  OF  FREEDOM. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  November  election  of  1948  in  the  town  of  Freedom  are 
hereby  legalized,  ratified  and  confirmed. 

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

[Approved  March  3,  1949.] 


CHAPTER  370. 


AN  ACT  AUTHORIZING  THE    NORTH    HAMPTON    SCHOOL  DISTRICT 
TO  BORROW  MONEY  AND  TO  ISSUE  NOTES  OR  BONDS. 

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

1.  Authority  Granted.  The  North  Hampton  school  district 
in  the  town  of  North  Hampton  is  hereby  authorized  to  borrow 
on  its  credit  a  sum  not  exceeding  one  hundred  seventy  thou- 
sand dollars  for  the  purpose  of  erecting  and  equipping  a  cen- 
tral grade  school  building  in  said  district. 

2.  Bonds  or  Notes  Authorized.  The  school  board  of  said 
district  is  hereby  authorized  and  empowered  to  issue  for  and  in 
behalf  of  said  district  serial  notes  or  bonds  to  the  amount  of 
one  hundred  seventy  thousand  dollars  for  the  purpose  of 
erecting  and  equipping  such  a  schoolhouse  in  said  district. 


550  Chapters  371,  372  [1949 

3.  Debt  Limit.  The  debt  authorized  by  this  act  shall  be 
exempt  from  the  limitation  imposed  upon  the  borrowing 
capacity  of  said  district  by  section  7  of  chapter  72  of  the 
Revised  Laws. 

4.  Application  of  Laws.  Except  as  otherwise  provided  in 
this  act  the  provisions  of  the  municipal  bonds  statute  shall 
apply  to  the  notes  or  bonds  herein  authorized. 

5.  Exercise  of  Authority;  Limitation.  The  powers  here- 
inbefore conferred  upon  the  North  Hampton  school  district 
may  be  exercised  only  at  the  annual  school  district  meeting  in 
March,  1949,  or  at  a  special  school  district  meeting  held  at 
any  time  during  the  remainder  of  the  calendar  year  1949. 

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

[Approved  March  3,  1949.] 


CHAPTER  371. 


AN  ACT  LEGALIZING  THE  PROCEEDINGS  OF  THE  BIENNIAL 
ELECTION  IN  THE  TOWN  OF  LYMAN. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  biennial  election  in  the  town  of  Lyman  held  on  November  2, 
1948,  are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  March  10,  1949.] 


CHAPTER  372. 


AN  ACT  RELATIVE  TO  PENSIONS  FOR  SCHOOL  TEACHERS  IN   THE 

CITY  OF  DOVER. 

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

1.     Teachers  in  the  City  of  Dover.     Amend   section  2   of 
chapter  292  of  the  Laws  of  1931  by  striking  out  said  section 


1949]  Chapter  373  551 

and  inserting  in  place  thereof  the  following:  2.  Amount 
Determined.  Any  pension  granted  in  accordance  with  the 
provisions  of  the  foregoing  section  shall  be  one  half  the  annual 
salary  or  compensation  received  by  the  pensioner  during  the 
year  immediately  preceding  retirement. 

2.    T^es    Effect.      This    act    shall    take    effect  upon    its 
passage. 
[Approved  March  11, 1949.] 


CHAPTER  373. 


AN  ACT  REPEALING  THE  CHARTER  OF  THE  TRUSTEES  OF  THE 
PITTSFIELD  ACADEMY. 

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

1.  Charter  Repealed.  Chapter  12  of  the  Laws  of  1830 
approved  June  25,  1830  entitled  "An  Act  to  incorporate  The 
Trustees  of  Pittsfield  Academy"  and  chapter  813  of  the  Laws 
of  1848  entitled  "An  Act  in  addition  to  an  act  to  incorporate 
The  Trustees  of  The  Pittsfield  Academy"  are  hereby  repealed. 

2.  Continuation  for  What  Purpose.  The  Trustees  of  The 
Pittsfield  Academy  shall  continue  as  a  body  corporate  for  the 
term  of  three  years,  for  the  purpose  of  prosecuting  and  defend- 
ing suits  by  or  against  it  and  of  gradually  closing  and  settling 
its  concerns  and  distributing  its  assets,  and  for  no  other  pur- 
pose ;  provided  that  for  the  purpose  of  any  suit  or  action  by  or 
against  it  pending  at  the  end  of  said  term  of  three  years,  it 
shall  continue  as  a  body  corporate  until  ninety  days  after 
final  judgment  or  decree  in  such  suit  or  action. 

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

[Approved  March  11,  1949.] 


552  Chapters  374,  375  [1949 

CHAPTER  374. 

AN  ACT  RELATIVE  TO  THE  GAFNEY  HOME  FOR  THE  AGED. 

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

1.  Authorized  Increase  of  Holdings.  Amend  section  2, 
chapter  280  of  the  Laws  of  1901  by  striking-  out  the  word 
"two"  in  the  sixth  line  and  inserting  in  place  thereof  the  word, 
four,  so  that  said  section  as  amended  shall  read  as  follows: 
Sect.  2.  Said  corporation  is  hereby  authorized  to  establish 
and  maintain  in  the  city  of  Rochester  an  institution  for  the 
support  and  maintenance  of  aged  people  of  both  sexes,  and  for 
that  purpose  may  take  and  hold  real  and  personal  estate  by 
donation,  bequest,  purchase,  or  otherwise,  to  an  amount  not 
exceeding  four  hundred  thousand  dollars,  and  may  sell,  convey, 
and  dispose  of  the  same  at  pleasure,  and  may  erect  and  main- 
tain such  buildings  and  appurtenances  as  may  be  deemed  neces- 
sry  for  the  purposes  of  the  corporation. 

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

[Approved  March  16,  1949.] 


CHAPTER  37.'). 


AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  MAYOR  OF 
SO  MERS  WORTH. 

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

1.  Somersworth.  Amend  section  5  of  chapter  269  of  the 
Laws  of  1939,  as  amended  by  chapter  380  of  the  Laws  of  1947, 
by  striking  out  the  words  "one  thousand"  in  the  third  line  and 
inserting  in  place  thereof  the  words,  two  thousand  five  hun- 
dred, so  that  said  section  as  amended  shall  read  as  follows: 
5.  Mayor.  The  mayor  shall  be  chosen  at  the  municipal 
election  for  a  term  of  two  years  and  shall  receive  a  salary  of 
two  thousand  five  hundred  dollars  per  annum.  He  shall  have 
a  negative  upon  all  the  acts  of  the  council  to  which  his  veto 
power  would  extend  had  the  city  government  herein  consti- 


1949]  Chapters  376,  377  553 

tuted  provided  for  a  board  of  aldermen,  and  such  veto  shall  ex- 
tend to  individual  items  of  appropriation.  He  shall  preside  in 
the  meetings  of  the  city  council,  but  shall  have  no  vote  except 
in  case  of  an  equal  division.  In  the  absence  of  the  mayor  the 
council  may  elect  by  ballot  one  of  the  members  chairman  who 
shall  have  all  the  powers  of  performing  all  the  duties  of  the 
mayor  during  such  absence,  or  during  disability  or  a  vacancy 
in  office  from  any  cause. 

2.     Takes  Effect.     This  act  shall  take  effect  as  of  July  1, 
1949. 
[Approved  March  16,  1949.] 


CHAPTER  376. 


AN  ACT  RELATIVE  TO  THE  CONGREGATIONAL  SOCIETY  IN 
STRATH  AM. 

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

1.  Authority  Granted.  The  Congregational  Society  in 
Stratham  incorporated  under  the  provisions  of  chapter  47  of 
the  Laws  of  1814  as  amended  by  chapter  197  of  the  Laws  of 
1899  is  authorized  to  hold  real  and  personal  estate  not  exceed- 
ing fifty  thousand  dollars. 

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

[Approved  March  22,  1949.] 


CHAPTER  377. 


AN  ACT  RELATING  TO  THE  CHANGE  OF  NAME  OF  THE  CONCORD 
BUILDING  AND  LOAN  ASSOCIATION. 

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

1.  Concord  Building  and  Loan  Association.  The  name  of 
the  Concord  Building  and  Loan  Association,  a  voluntary  asso- 
ciation duly  established  under  the  laws  of  the  state  on  Septem- 


554  Chapters  378,  375)  [1949 

ber  seventh,  eighteen  hundred  and  eighty-seven,  is  hereby 
changed  to  Concord  Co-operative  Bank. 

2.    Takes    Effect.       This    act    shall    take    effect  upon    its 
passage. 
[Approved  March  23,  1949.] 


CHAPTER  378. 

AN  ACT  RELATIVE  TO  THE  PETERBOROUGH   HOME  FOR  THE  AGED. 

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

1.  Peterborough  Home  for  the  Aged.  Amend  section  2  of 
chapter  232  of  the  Laws  of  1927  by  striking  out  the  word 
"one"  in  the  fourth  line  and  inserting  in  place  thereof  the 
word,  two,  so  that  said  section  as  amended  shall  read  as 
follows:  2.  Powers.  Said  corporation  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution,  and  shall  have  power  to  take,  acquire  and  hold  real 
and  personal  estate  to  an  amount  not  exceeding  two  hundred 
and  fifty  thousand  dollars,  by  lease,  purchase,  donation,  be- 
quest, or  otherwise,  for  the  purpose  of  establishing  and  main- 
taining a  home  at  Peterborough  aforesaid,  and  may  convey  or 
dispose  of  the  same  at  pleasure;  and  may  erect  suitable  build- 
ings and  properly  furnish  the  same  with  whatever  may  be  de- 
sirable or  necessary  for  the  successful  operation  of  said  in- 
stitution. 

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

[Approved  April  1,  1949.] 


CHAPTER  379. 


AN  ACT  LEGALIZING  THE  PROCEEDINGS  AT  THE  SCHOOL  MEETING 
IN  THE  TOWN  OF  HUDSON   HELD  ON   MARCH  5,  1949. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  Hudson  School  District  held  on  the 
5th  day  of  March,  1949,  are  hereby  legalized,  ratified  and  con- 
firmed, 


1949]  Chapters  380,  381  555 

2.     Takes   Effect.      This   act    shall   take    effect    upon    its 
passage. 
[Approved  April  5,  1949.] 


CHAPTER  380. 


AN  ACT  CHANGING  THE  NAME  OF  PEOPLES  BUILDING  AND 

LOAN   ASSOCIATION    OF   ROCHESTER   TO    PEOPLES 

COOPERATIVE  BANK  OF  ROCHESTER. 

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

1.  Change  of  Name.  The  name  of  Peoples  Building  and 
Loan  Association  of  Rochester,  a  building  and  loan  association 
organized  in  1907  under  the  provisions  of  chapter  93,  Laws  of 
1887,  now  known  as  chapter  314  of  the  Revised  Laws,  shall  be 
changed  to  Peoples  Cooperative  Bank  of  Rochester. 

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

[Approved  April  5,  1949.] 


CHAPTER  381. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  BETHLEHEM  TO  PURCHASE 

CERTAIN  PROPERTY  AND  ISSUE  SERIAL  NOTES  IN  PAYMENT 

THEREOF  AND  LEGALIZING  THE  TOWN   MEETING 

HELD  ON  MARCH  14,  1944. 

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

1.  Authorization.  The  town  of  Bethlehem  is  hereby 
authorized  to  purchase  the  Bethlehem  Country  Club  property, 
Bethlehem,  New  Hampshire,  for  a  sum  not  exceeding  $27,500, 
and  to  issue  serial  notes  in  payment  of  the  same. 

2.  Application  of  Laws.  Except  as  otherwise  provided 
herein  the  provisions  of  chapter  72  of  the  Revised  Laws  shall 
apply  to  the  notes  or  bonds  herein  authorized. 

3.  Action  Ratified.  The  votes  and  proceedings  taken  at  the 
March  14,  1944  meeting  of  the  town  of  Bethlehem,  are  hereby 
legalized,  ratified  and  confirmed. 

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

[Approved  April  7,  1949.] 


556  Chapters  382,  383  [1949 

CHAPTER  382. 

AN  ACT  RELATIVE  TO  COUVENT  DE  LA  PRESENTATION  DE  MARIE. 

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

1.  Proceedings  Legalized.  All  of  the  votes,  acts  and  trans- 
actions of  the  persons  who  have  acted  as  officers,  directors  and 
members  of  Couvent  de  la  Presentation  de  Mai'ie,  a  voluntary 
corporation,  since  the  date  of  its  incorporation  are  hereby 
legalized,  ratified  and  confirmed. 

2.  Authorization.  Annonciata  Denis,  Helene  Doucet,  Clara 
Deschenes,  Alma  Proulx  and  Nellie  Lavallee  are  designated  as 
voting  members  of  said  corporation,  and  they  or  a  majority 
of  them  are  hereby  authorized  to  amend  the  articles  of  agree- 
ment of  said  corporation  and  to  adopt  and  amend  its  by-laws. 

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

[Approved  April  12,  1949.] 


CHAFFER  383. 


AN  ACT  LEGALIZING  SCHOOL  DISTRICT  MEETING  IN  THE  TOWN  OF 
LYNDEBOROUGH   HELD  IN  MARCH,  1949. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  school  district  meeting  in  the  town  of  Lyndeborough 
held  in  March,  1949,  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  April  12,  1949.] 


1949]  Chapters  384,  885  557 

CHAPTER  384. 

AN  ACT  RELATIVE  TO  THE  RECLASSIFICATION  OF  A  ROAD  IN  THE 
TOWN  OF  MILTON. 

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

1.  Reclassification.  The  highway  in  the  town  of  Milton 
running  from  Main  street  in  Milton  Mills  to  the  Maine  bound- 
ary line,  known  as  Rowe  Dam  road,  now  classified  as  class  II 
highway,  shall  hereafter  be  classified  as  a  class  V  highway. 

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

[Approved  April  12,  1949.] 


CHAPTER  385. 


AN  ACT  AUTHORIZING  THE  RYE  SCHOOL  DISTRICT  TO  BORROW 
MONEY  AND  TO  ISSUE  NOTES  OR  BONDS. 

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

1.  Authority  Granted.  The  Rye  school  district  in  the  town 
of  Rye  is  hereby  authorized  to  borrow  on  its  credit  a  sum  not 
exceeding  one  hundred  forty-eight  thousand  dollars  for  the 
purpose  of  erecting  and  equipping  an  addition  to  the  school 
building  in  said  district. 

2.  Bonds  or  Notes  Authorized.  The  school  board  of  said 
district  is  hereby  authorized  and  empowered  to  issue  for  and 
in  behalf  of  said  district  serial  notes  or  bonds  to  the  amount 
of  one  hundred  forty-eight  thousand  dollars  for  the  purpose  of 
erecting  and  equipping  an  addition  to  the  school  building  in 
said  district. 

3.  Debt  Limit.  The  debt  authorized  by  this  act  shall  be 
exempt  from  the  limitation  imposed  upon  the  borrowing 
capacity  of  said  district  by  section  7  of  chapter  72  of  the  Re- 
vised Laws. 

4.  Application  of  Laws.  Except  as  otherwise  provided  in 
this  act  the  provisions  of  the  municipal  bonds  statute  shall 
apply  to  the  notes  or  bonds  herein  authorized. 


558  Chapters  386,  387  [1949 

5.  Proceedings  Legalized.  The  votes  and  proceedings 
taken  at  the  Rye  school  district  at  the  annual  school  district 
meeting  in  March  1949  relative  to  borrowing  money  for  the 
purpose  of  erecting  and  equipping  an  addition  to  the  school 
building  in  said  district  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  April  12,  1949.] 


CHAPTER  386. 


AN  ACT  LEGALIZING  THE  SCHOOL  MEETING  IN  THE  TOWN  OF 
SOUTH  HAMPTON. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  meeting  of  the  school  district  of  South  Hampton  of 
March  13,  1948  are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  April  12,  1949.] 


CHAPTER  387. 


AN  ACT  RELATING  TO  THE  CONSTRUCTION  AND  FINANCING  OF  A 
NEW  WATER  MAIN  IN  THE  TOWN  OF  TROY. 

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

1.  Authorization.  The  town  of  Troy  is  hereby  authorized 
and  empowered  to  construct  a  water  main  to  replace  the  pres- 
ent wooden  main  leading  from  the  reservoir  in  Jaffrey  to  the 
town. 

2.  Bonds  and  Notes.  For  the  purpose  of  providing  funds 
for  the  replacement  of  a  water  main,  as  authorized  in  section  1, 
the  town  of  Troy  is  hereby  authorized  and  empowered  to  issue, 


1949]  Chapter  388  559 

on  the  credit  of  the  town,  serial  bonds  or  notes  to  an  amount 
not  to  exceed  one  hundred  fifty  thousand  dollars.  Said  serial 
bonds  or  notes  shall  be  due  and  payable  not  more  than  thirty 
years  from  the  date  of  their  issue,  in  such  manner  as  is  provided 
in  chapter  72  of  the  Revised  Laws  as  amended  by  chapter  5, 
Laws  of  1947.  The  discretion  of  fixing  the  time  and  place  of 
payment  and  the  rate  of  interest  of  such  bonds,  and  of  pro- 
viding for  the  sale  thereof,  is  delegated  to  the  board  of  water 
commissioners  of  said  town. 

3.  Premiums.  Any  premium  received  upon  such  bonds  or 
notes,  less  the  cost  of  preparing,  issuing  and  marketing  them, 
shall  be  applied  to  the  payment  of  the  principal  of  the  first 
bonds  or  notes  so  to  mature,  and  the  contribution  from  other 
sources  for  the  payment  of  said  bonds  or  notes  shall  be  re- 
duced accordingly. 

4.  Application  of  Laws.  Except  as  hereinbefore  otherwise 
provided,  the  provision  of  chapter  56  of  the  Revised  Laws  re- 
lating to  water  sources,  and  the  provision  of  chapter  72  of  the 
Revised  Laws  relating  to  municipal  bonds,  shall  apply  to  the 
water  system  of  the  town  of  Troy  and  to  the  bonds  and  notes 
herein  authorized. 

5.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  town  of  Troy  at  the  annual  meeting  of  March  8,  1949,  inso- 
far as  the  same  relates  to  the  construction  of  a  new  water 
main,  and  the  issuance  of  bonds  therefor  in  the  sum  of  one 
hundred  thousand  dollars  are  hereby  ratified,  legalized  and 
confirmed. 

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

[Approved  April  12,  1949.] 


CHAPTER  388. 

AN  ACT  RELATING  TO  CHECK-LISTS  IN  THE  CITY  OF  BERLIN. 

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

1.  Check-lists.  Amend  section  1  of  chapter  387  of  the 
Laws  of  1947  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :  1.  City  of  Berlin.  In  the  city  of  Berlin 
the  supervisors  of  the  check-list  shall  be  in  session  for  the  cor- 


560  Chapter  389  [1949 

rection  of  the  check-list,  at  some  suitable  place  in  the  city, 
two  days  at  least  before  the  day  of  the  election  and  of  the 
primary,  the  last  of  which  shall  be  five  days  prior  to  such 
election  or  primary,  and  upon  which  all  hearings  shall  be 
finally  closed.  The  first  session  shall  be  upon  the  third  Tues- 
day next  preceding  the  days  of  election  and  of  the  primary  in 
said  city,  and  shall  be  adjourned  to  such  subsequent  day  or 
days  as  will  permit  all  claims  to  be  heard  and  decided.  The 
names  of  all  persons  not  qualified  to  vote  on  or  before  said  final 
sessions  but  who  shall  clearly  be  qualified  to  vote  on  election 
day  or  primary  day,  may  be  added  to  the  check-list  on  or  be- 
fore said  sessions.  No  additions  or  corrections  shall  be  made 
after  midnight  five  days  prior  to  election  day  or  primary  day, 
except  as  provided  in  section  16,  chapter  32,  Revised  Laws. 
Said  additions  and  corrections  shall  be  made  to  the  previously 
posted  check-list  on  or  before  midnight  on  the  succeeding 
Saturday,  either  by  additions  or  corrections  to  said  check-list 
or  by  posting  a  new  corrected  check-list.  Notice  of  the  day, 
hour  and  place  of  each  session  of  said  board  of  supervisors 
shall  be  given  upon  the  check-lists  first  posted. 

2.     Takes   Effect.      This    act   shall    take   effect    upon   its 
passage. 
[Approved  April  13,  1949.] 


CHAPTER  389. 


AN    ACT    RELATIVE    TO    THE    LITTLETON    WATER   AND    LIGHT 
DEPARTMENT,  FORMERLY  LITTLETON  WATER  WORKS. 

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

1.  Littleton  Water  and  Light  Department.  Amend  chapter 
255  of  the  Laws  of  1903  by  inserting  after  section  4-a  as  in- 
serted by  chapter  247,  Laws  of  1943,  the  following  new 
sections:  Sect.  4-b.  The  board  of  commissioners  shall  have 
authority  to  fix  rates  for  services  in  said  district  and  to 
establish  such  reserve  fund  as  it  may  deem  desirable  in  the 
public  interest.  Any  balance  of  receipts  after  payment  of 
operating  expenses  and  payment  into  the  reserve  fund  shall  be 
turned  over  by  the  commissioners  to  the  town  of  Littleton  for 


1949]  Chapter  390  561 

general  expenses  of  said  town.  Sect.  4-c.  Notwithstanding 
any  provisions  of  chapter  55  of  the  Revised  Laws  the  town 
manager  shall  not  supersede  the  board  of  commissioners  of 
the  Littleton  Water  and  Light  Department  and  the  adoption 
by  the  town  of  said  chapter  55  shall  not  affect  the  authority 
of  the  commissioners. 

2.    Takes   Effect.     This   act   shall   not   take   effect   unless 
adopted  by  a  majority  vote  under  a  proper  article  in  the 
warrant  at  a  special  town  meeting  which  shall  be  called  by  the 
selectmen  for  the  purpose  on  or  before  September  1,  1949. 
[Approved  April  14,  1949.] 


CHAPTER  390. 


AN  ACT  AUTHORIZING  THE  PENACOOK  AND  BOSCAWEN  WATER 
PRECINCT  TO  ISSUE  NOTES  OR  BONDS  FOR  WATER  SYSTEM. 

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

1.  Authority  Grainted.  The  Penacook  and  Boscawen  Water 
Precinct  is  hereby  authorized  to  issue  its  serial  notes  or  bonds 
to  an  amount  not  exceeding  one  hundred  fifty  thousand  dollars 
($150,000)  for  the  purpose  of  renewing  the  water  system  and 
of  making  additions  and  improvements  thereto. 

2.  Form;  Terms.  Said  serial  notes  or  bonds  shall  be 
signed  by  the  commissioners  and  countersigned  by  the  treas- 
urer. Said  issue  shall  be  due  and  payable  at  such  times,  not 
more  than  twenty-five  years  from  their  date  of  issue,  and  in 
such  amounts,  and  in  such  manner  as  the  commissioners  of 
and  treasurer  of  said  precinct  may  determine  at  a  rate  of  in- 
terest to  be  fixed  by  said  commissioners  and  treasurer. 

3.  Debt  Limit.  The  debt  authorized  by  this  act  shall  be 
exempt  from  the  limitation  imposed  upon  the  borrowing 
capacity  of  said  precinct  by  section  7  of  chapter  72  of  the 
Revised  Laws. 

4.  Application  of  Laws.  Except  as  otherwise  provided  in 
this  act  the  provisions  of  the  municipal  bonds  statute  shall 
apply  to  the  notes  or  bonds  herein  authorized. 

5.  Exercise  of  Authority;  Limitation.  The  powers  herein- 
before conferred  upon  the  Penacook  and  Boscawen  Water  Pre- 


562  Chapter  391  [1949 

cinct  may  be  exercised  at  the  annual  precinct  meetings  in 
March  1949  or  1950  or  at  a  special  precinct  meeting  held  at 
any  time  prior  to  December  31,  1950. 

6.     Takes    Effect.       This    act    shall    take    effect    upon    its 
passage. 
[Approved  April  14,  1949.] 


CHAPTER  391. 

AN  ACT  RELATIVE  TO  LA  SOCIETE  ST.  JEAN-BAPTISTE  DE  LACONIA. 

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

1.  Purposes.  Amend  section  1  of  chapter  254  of  the  Laws 
of  1901  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  Section  1.  That  Napoleon  Fecteau, 
Alfred  Pickard,  Paul  E.  Morin,  Charles  Paquette,  Charles  N. 
St.  Pierre,  and  Paul  Morin,  their  associates,  subscribers  and 
assigns,  be  and  hereby  are  made  a  body  politic  and  corporate 
by  the  name  of  La  Societe  Saint  Jean-Baptiste  de  Laconia  to 
promote  religious,  moral  and  benevolent  purposes,  to  provide 
or  sponsor  social  recreation  and  improvement  for  the  members 
of  the  society,  to  provide  for  the  sick  and  distressed  members, 
and  to  establish  a  fund  out  of  which  the  members  may  receive 
sick  or  death  benefits. 

2.  Powers.  Amend  chapter  254  of  the  Laws  of  1901  by  in- 
serting after  section  2  the  following  new  section :  Sect.  3. 
Said  society  shall  further  have  the  power  to  take,  hold,  pur- 
chase, lease,  take  in  exchange,  manage,  and  use  any  gift,  de- 
vise, or  grant  made  to  it  as  such,  or  otherwise  acquire  real 
and  personal  estate  for  the  benefit  of  said  society ;  to  dispose  of 
the  whole  or  any  portion  thereof;  to  alter  and  manage  said  real 
and  personal  estate;  to  invest  and  re-invest  its  funds  in  the 
manner  permitted  under  the  laws  of  the  state  of  New  Hamp- 
shire for  the  investment  of  assets  of  savings  banks. 

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

[Approved  April  26,  1949.] 


1949]  Chapters  392,  393  563 

CHAPTER  392. 

AN  ACT  LEGALIZING  CERTAIN  MEETINGS  IN  THE  TOWN  OF 
FRANCESTOWN. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  town  meeting  in  March  1948  and  the  annual  town 
meeting  in  March  1949  in  the  town  of  Francestown  are  hereby 
legalized,  ratified  and  confirmed. 

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

[Approved  April  27,  1949.] 


CHAPTER  393. 


AN  ACT  LEGALIZING  CERTAIN  PROCEEDINGS  FOR  MEETINGS  IN  THE 
TOWN  OF  GREENFIELD. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  meeting  in  March  1947  and  the  annual  meeting  in 
March  1949  in  the  town  of  Greenfield  relative  to  appropri- 
ations for  repairs  to  the  town  hall  and  repairs  to  a  class  II 
highway  and  the  issuance  of  notes  in  payment  thereof,  are 
hereby  legalized,  ratified  and  confirmed.  The  debt  represented 
by  the  beforementioned  appropriation  shall  not  be  considered 
in  ascertaining  the  net  debt  limitation  of  the  town  of  Green- 
field under  the  provisions  of  section  7  of  chapter  72  of  the 
Revised  Laws. 

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

[Approved  April  27,  1949.] 


564  Chapters  394,  395  [1949 

CHAPTER  394. 

AN  ACT  RELATIVE  TO  CONCORD  FEMALE  CHARITABLE  SOCIETY. 

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

1.  Concord  Female  Charitable  Society.  Amend  section  2  of 
an  act  approved  January  5,  1853  being-  the  charter  of  the  Con- 
cord Female  Charitable  Society  by  striking  out  the  words  "not 
exceeding  in  value  at  any  one  time  the  sum  of  twenty  thousand 
dollars,"  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  2.  Said  society  may  receive  by  subscription,  gifts, 
g-rants,  bequests  or  otherwise,  real  and  personal  estate  which 
estate,  or  the  income  thereof,  shall  be  appropriated  and  ex- 
pended for  the  purposes  of  charity,  as  said  corporation  by  their 
by-laws  or  votes  may  direct. 

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

[Approved  May  3,  1949.] 


CHAPTER  395. 


AN  ACT  RELATING  TO  THE  CHANGE  OF  NAME  OF  THE  HAMPTON 
CO-OPERATIVE  BUILDING  &  LOAN  ASSOCIATION. 

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

1.  Hampton   Co-operative    Building   &   Loan    Association. 

The  name  of  the  Hampton  Co-operative  Building  &  Loan  Asso- 
ciation, a  voluntary  association  duly  established  under  the  laws 
of  the  state  on  August  thirty,  1915,  is  changed  hereby  to 
Hampton  Co-operative  Bank. 

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

[Approved  May  3,  1949.] 


1949]  Chapter  396  565 

CHAPTER  396. 

AN  ACT  RELATING  TO  NEW  ENGLAND  COLLEGE. 

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

1.  Powers.  Amend  section  1  of  chapter  376  of  the  Laws  of 
1947  by  striking  out  the  same  and  inserting  in  place  thereof 
the  following :  1.  New  Eingland  College.  Fred  T.  Connor, 
Harry  L.  Holmes,  Milo  Farmer,  George  M.  Chase,  Mary  S. 
Jameson,  James  W.  Doon,  Max  Israel,  and  George  W.  Boynton, 
their  associates  and  successors,  are  hereby  created  a  body 
politic  and  corporate  by  the  name  of  New  England  College  for 
educational  purposes;  and  by  that  same  name  may  sue  and  be 
sued,  prosecute  and  defend  to  final  judgment  and  execution, 
and  shall  be  and  hereby  are  invested  with  all  the  powers  and 
privileges,  and  made  subject  to  all  the  liabilities  of  corporations 
of  a  similar  nature;  and  may  take  and  hold  real  and  personal 
estate  by  purchase,  devise,  donation,  payment  or  otherwise, 
for  the  purposes  of  said  corporation,  and  at  pleasure  may  sell, 
convey,  use,  enjoy  and  dispose  of  the  same;  shall  be  entitled 
to  the  same  tax  exemption  upon  its  real  and  personal  estate  as 
is  granted  to  corporations  of  a  similar  nature  by  general  law; 
may  have  a  common  seal  and  shall  change  the  same  at  pleasure ; 
may  make  such  by-laws  for  the  government  of  the  corporation 
and  the  election,  admission  and  expulsion  of  members  and 
associates  thereof  as  they  shall  deem  necessary  and  proper, 
said  by-laws  being  not  inconsistent  with  the  laws  of  this  state 
or  nation ;  and  upon  any  member  or  associate  refusing  to  con- 
form to  the  by-laws  so  made,  such  person  shall  cease  to  be  a 
member  of  said  body  pohtic;  and  said  corporation  may  estab- 
lish in  the  county  of  Merrimack,  state  of  New  Hampshire,  a 
college  for  the  higher  education  of  men  and  women  to  be 
called  New  England  College,  may  prescribe  the  rules  for  the 
government  of  said  college,  the  course  of  studies  to  be  pur- 
sued therein,  and  may  confer  upon  the  graduates  and  others 
such  degrees,  literary  titles,  honors  and  distinctions  as  are 
usually  granted  by  institutions  of  like  character. 

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

[Approved  May  4,  1949.] 


566  Chapters  397,  398  [1949 

CHAPTER  397. 

AN  ACT  RELATIVE  TO  PURCHASES  BY  CITY  DEPARTMENTS  OF  THE 

CITY  OF  NASHUA. 

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

1.  Purchasing  Committee  for  the  City  of  Nashua.  Amend 
section  51  of  part  1  of  chapter  427  of  the  Laws  of  1913,  being 
the  charter  of  the  city  of  Nashua,  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  Sect.  51.  The 
finance  committee  composed  of  the  mayor  and  the  six  alder- 
men-at-large,  the  mayor  acting  as  chairman,  shall  act  as  the 
purchasing  agency  for  all  departments  of  the  city  and  shall 
prescribe  its  own  rules  and  regulations  therefor.  All  pur- 
chases made  by  the  city  shall  be  approved  by  a  majority  of 
said  committee,  but  said  committee  shall  have  the  right  to  dele- 
gate in  writing  to  any  particular  department  all  or  any  part  of 
its  purchasing  authority  insofar  as  said  committee's  authority 
apphes  to  that  particular  department  and  shall  further  have 
the  right  to  revoke  the  same  at  its  pleasure.  All  other 
sections  of  this  charter  shall  be  deemed  superseded  by  this 
section  insofar  as  they  are  inconsistent  herewith. 

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

[Approved  May  11,  1949.] 


CHAPTER  398. 

AN  ACT  RELATIVE  TO  THE  VILLAGE  DISTRICT  OF  W^ALPOLE. 

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

1.  Ordinances  Ratified.  The  ordinances  adopted  by  the 
village  district  of  Walpole  on  October  6,  1936,  providing  for 
zoning  of  said  district  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  May  12,  1949.] 


1949]  Chapters  399,  400  567 

CHAPTER  399. 

AN  ACT  EXTENDING  THE  POWERS  OF  THE  NORTH  WALPOLE 
VILLAGE  PRECINCT. 

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

1.  North  Walpole  Village  Precinct.  The  North  Walpole 
village  precinct  organized  under  the  general  laws  is  hereby 
empowered  and  authorized  to  enact  zoning  regulations  and  for 
that  purpose  shall  have  all  the  powers  conferred  upon  towns 
by  sections  50  to  70  inclusive  of  chapter  51  of  the  Revised 
Laws. 

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

[Approved  May  12, 1949.] 


CHAPTER  400. 


AN  ACT  RELATING  TO  YEARLY  PENSIONS  FOR  EMPLOYEES  OF  THE 

HIGHWAY  DEPARTMENT  AND  FOR  CERTAIN  APPOINTED 

OFFICIALS  OF  THE  CITY  OF  MANCHESTER. 

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

1.  Highway  Department.  The  highway  commissioners  of 
the  city  of  Manchester  or  their  successors  in  office  by  vote  of  a 
majority  of  its  members  at  the  request  of  any  employee  of  said 
department  or  upon  recommendation  of  said  commissioners 
may  retire  said  employee  from  service  for  one  year,  when  in 
the  judgment  of  said  department  said  employee  has  become 
disabled  for  useful  service  while  in  the  performance  of  duty, 
or  who  has  had  twenty  years  consecutive  service  and  may 
grant  a  pension  to  such  retired  employee  for  a  period  of  one 
year  at  a  time  at  half  pay.  Consecutive  years  under  the  terms 
of  this  section  shall  not  be  interpreted  to  disqualify  those 
candidates  for  pensions  who  may  have  been  laid  off  temporarily 
from  work  by  the  department  from  time  to  time. 

2.  Retirement  for  Officials.  The  board  of  mayor  and  alder- 
men of  the  city  of  Manchester  is  hereby  authorized  to  retire 
from  service  any  appointed  full-time  official  of  said  city  from 


568  Chapters  401,  402  [1949 

service  for  one  year,  when  in  the  judgment  of  said  board  said 
official  has  become  disabled  for  useful  service  while  in  the  per- 
formance of  duty,  or  who  has  had  twenty  years  consecutive 
service  for  said  city  and  may  grant  a  pension  to  such  retired 
official  for  a  period  of  one  year  at  a  time  at  half  pay.  The  term 
"appointed  full-time  official"  as  used  in  this  section  shall  be 
construed  to  mean  an  appointed  full-time  official  not  already 
covered  by  any  existing  pension  statutes. 

3.  Appropriatiom.  The  board  of  mayor  and  aldermen  of  the 
city  of  Manchester  is  hereby  authorized  to  appropriate 
sufficient  money  to  carry  out  the  provisions  of  this  act, 

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

[Approved  May  14,  1949.] 


CHAPTER  401. 


AN  ACT  VALIDATING  CERTAIN  PROCEEDINGS  OF  THE  TOWN  OF 

BRISTOL. 

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

1.  Proceedings  Validated.  The  proceedings  taken  at  the 
annual  town  meetings  of  1948  and  1949  in  the  town  of  Bristol 
authorizing  serial  water  works  bonds  of  said  town  to  the 
aggregate  amount  of  one  hundred  four  thousand  five  hundred 
dollars  are  hereby  validated  and  bonds  may  be  issued  accord- 
ingly. 

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

[Approved  May  18,  1949.] 


CHAPTER  402. 


AN  ACT  RELATING  TO  COMPENSATION  OF  ELECTION  OFFICIALS  OF 
THE  CITY  OF  MANCHESTER. 

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

1.     Compensation   of   Manchester   Election   Officials.     Each 
ballot  inspector  and  each  moderator  of  the  wards  of  the  city 


1949]  Chapters  403,  404  569 

of  Manchester  shall  be  paid  the  sum  of  twenty-five  dollars  per 
working  day  for  services  governing  elections.  Each  ward 
clerk  shall  receive  sixty-five  dollars  per  year  and  each  select- 
man shall  receive  fifty-seven  dollars  and  fifty  cents  per  year 
for  services  governing  elections. 

2.     Takes    Effect.       This    act    shall    take    effect   upon   its 
passage. 
[Approved  May  18,  1949.] 


CHAPTER  403. 

AN  ACT  RELATIVE  TO  MILTON  FIRE  DISTRICT. 

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

1.  Name  Changed.  The  name  of  the  district  "Milton  Fire 
District"  organized  under  the  general  laws  on  June  24,  1905, 
shall  be  changed  so  that  hereafter  the  name  of  said  district 
shall  be  Milton  Water  District. 

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

[Approved  May  18,  1949.] 


CHAPTER  404. 


AN  ACT  LEGALIZING  SCHOOL  DISTRICT  MEETING  IN  THE  TOWN  OF 
NEWFIELDS  HELD  MARCH  5,  1949. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  school  district  meeting  in  the  town  of  Newfields 
held  March  5,  1949  are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  May  18,  1949.] 


570  Chapters  405, 406  [1949 

CHAPTER  405. 

AN  ACT  TO  LEGALIZE  THE  TOWN  MEETING  OF  LISBON. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  meeting  and  election  in  the  town  of  Lisbon  on  the 
ninth  day  of  March  1948  are  hereby  legalized,  ratified  and  con- 
firmed. 

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

[Approved  May  20,  1949.] 


CHAPTER  406. 


AN  ACT  RELATIVE  TO  ADJUSTMENTS  TO  TAXPAYERS  IN  THE  TOWN 
SCHOOL  DISTRICT  IN  BATH. 

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

1.  School  Districts  in  Bath.  The  Union  School  District  in 
Bath,  organized  under  chapter  209  of  the  Laws  of  1895,  having 
been  dissolved  by  vote  at  a  meeting  of  said  district  held  on 
March  26, 1949,  in  accordance  with  the  provisions  of  section  36, 
chapter  138,  Revised  Laws,  the  adjustments  to  taxpayers  of 
said  district  and  the  Bath  town  district,  in  accordance  with 
the  provisions  of  section  39  of  said  chapter  138,  shall  be  made 
over  a  period  of  five  years,  and  one-fifth  of  the  total  amount 
to  be  remitted  shall  be  so  remitted  each  year. 

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

[Approved  May  25,  1949.] 


1949]  Chapters  407,  408  571 

CHAPTER  407. 

AN  ACT    RELATING  TO  THE  LOAN  AND  TRUST  SAVINGS  BANK. 

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

1.  Charter  Amendment,     Amend  sections  2,  3,  4,  5,  6,  and  8 

of  chapter  120  of  the  Laws  of  1872  by  striking  out  said 
sections  and  inserting  in  place  tliereof  the  following:  Sect.  2. 
Said  corporation  shall  be  located  in  the  city  of  Concord  and 
shall  be  and  operate  as  a  mutual  savings  bank  only  with  all 
the  powers,  benefits  and  privileges  and  subject  to  all  the  re- 
strictions, regulations  and  provisions  of  all  general  laws  gov- 
erning the  operation  of  or  applicable  to  mutual  savings  banks. 
Sect.  3.  The  number  of  members  of  said  corporation  shall 
not  exceed  one  hundred  at  any  one  time;  and  any  number 
not  less  than  seven  shall  constitute  a  quorum  for  the  trans- 
action of  business  at  the  annual  and  other  meetings  of  the 
corporation. 

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

[Approved  May  25,  1949.] 


CHAPTER  408. 


AN  ACT  RATIFYING  CERTAIN  ACTION  TAKEN  BY  THE  SCHOOL 
DISTRICT  OF  FELHAM. 

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

1.  Proceedings  Legalized.  The  votes  taken  at  the  Pelham 
school  district  meeting  in  March,  1948  whereby  the  school  dis- 
trict voted  to  convey  to  the  American  Legion  Post  in  the  town 
of  Pelham  a  certain  building  previously  used  for  school  pur- 
poses, are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  May  25,  1949.] 


572  Chapter  409  [1949 

CHAPTER  409. 

AN  ACT  TO  INCREASE  THE  BORROWING  POWER  OF  THE  TOWN  OF 

PEMBROKE. 

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

1.  Pembroke  Water-Works.  Amend  section  6  of  chapter 
306  of  the  Laws  of  1913  by  striking-  out  the  words  "two  hun- 
dred thousand  dollars"  in  the  tenth  and  eleventh  lines  and  in- 
serting- in  place  thereof  the  words,  four  hundred  fifty  thousand 
dollars ;  and  further  amend  said  section  by  inserting  after  the 
word  "proper"  in  the  thirteenth  line  the  words,  provided,  how- 
ever, that  said  notes  or  bonds  shall  be  due  and  payable  not  more 
than  forty  years  from  their  date  of  issue,  so  that  said  section 
as  amended  shall  read  as  follows:  Sect.  6.  Said  town  is 
also  authorized  and  empowered,  at  any  annual,  special,  or 
biennial  meeting,  by  a  major  vote  of  those  present  and  voting, 
to  raise  by  taxation  and  appropriate,  or  to  borrow  or  hire,  such 
sums  of  money  on  the  credit  of  the  town  as  may  from  time  to 
time  be  deemed  necessary  and  expedient,  for  the  purpose  of 
defraying  the  expenses  of  purchasing  real  estate,  rights  in 
real  estate,  water-rights,  streams,  springs,  ponds,  lakes,  and 
other  rights  and  property,  as  aforesaid,  and  for  constructing, 
maintaining,  repairing,  extending,  enlarging,  and  operating 
said  water-works,  such  indebtedness  not  to  exceed  at  any  one 
time  four  hundred  fifty  thousand  dollars,  and  to  issue  notes 
or  bonds  of  the  town  therefor,  in  such  amounts  and  payable  at 
such  time  or  times  and  at  such  rates  of  interest  as  may  be 
thought  proper,  provided,  however,  that  said  notes  or  bonds 
shall  be  due  and  payable  not  more  than  forty  years  from  their 
date  of  issue,  and  may  exempt  such  notes  or  bonds  from  tax- 
ation when  held  by  inhabitants  of  the  town,  or  by  any  in- 
habitant of  a  town  in  which  said  water-works  may  extend,  said 
notes  and  bonds  to  be  signed  by  at  least  a  majority  of  the 
selectmen  and  countersigned  by  the  town  treasurer. 

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

[Approved  May  25,  1949.] 


1949]  Chapters  410,  411  573 

CHAPTER  410. 

AN  ACT  LEGALIZING  THE  SCHOOL  DISTRICT  MEETING  HELD 
MARCH  8,  1949  IN  HARRISVILLE. 

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

1.  Proceedings  Legalized.  The  votes  and  proceedings  at 
the  annual  school  district  meeting  held  March  8,  1949  in 
Harrisville  are  hereby  legalized,  ratified  and  confirmed. 

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

[Approved  May  26,  1949.] 


CHAPTER  411. 


AN  ACT  RELATING  TO  THE  SURVEYOR  OF  THE  CITY  OF 
MANCHESTER. 

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

1.  Duties.  Amend  chapter  202  of  the  Laws  of  1921  as 
amended  by  chapter  273  of  the  Laws  of  1921  by  striking  out 
section  5  and  inserting  in  place  thereof  the  following:  Sect.  5. 
The  surveyor  shall  have  full  charge,  supervision,  management 
and  control  of  the  building,  constructing,  repairing  and  main- 
taining of  all  highways  and  sewers,  the  developing,  improving 
and  maintaining  of  city  yards,  and  the  maintaining  and  carry- 
ing on  of  street  cleaning;  he  shall  have  the  expenditure  of  all 
appropriations  which  the  board  of  mayor  and  aldermen  shall 
from  year  to  year  vote  for  such  purposes  (with  the  approval  of 
the  commissioners  and  the  finance  commission)  and  all  bills  and 
pay  rolls  for  expenditures  from  the  appropriations  voted  from 
year  to  year  by  said  board  of  mayor  and  aldermen  for  such  pur- 
poses shall  be  certified  to  by  the  surveyor  and  approved  by  the 
commissioners  before  the  same  are  paid  by  the  city  treasurer. 
The  surveyor  shall  (subject  to  the  approval  of  the  board  of 
aldermen)  have  the  authority  and  power  to  regulate  the 
traffic  and  travel  upon  the  highways  of  said  city.  The  sur- 
veyor  shall  have  the  authority  and  power  to  regulate  the 


574  Chapter  411  [1949 

placing-  of  encumbrances  in,  and  the  opening  and  excavating  in 
the  highways  of  said  city;  he  shall  further  have  the  power  to 
regulate  the  construction  and  maintenance  in,  over,  under  and 
along  the  highways  of  said  city,  of  all  wires,  pipes,  poles  and 
other  structures  (excepting  electric  signs)  including  the 
moving  of  buildings  belonging  to  individuals,  firms,  corpo- 
rations, or  public  utilities,  which  are  permitted  by  vote  of  the 
board  of  mayor  and  aldermen  to  be  placed  in,  over,  under,  along 
or  moved  through  said  highways;  he  shall  have  the  power  to 
remove  any  tree  in  any  highway  if  in  his  judgment  it  is  neces- 
sary in  the  construction  or  maintenance  of  said  highway.  No 
individual,  firm,  corporation  or  public  utility  shall  open  or 
excavate  any  highway  unless  first  having  obtained  a  permit 
therefor  from  the  department.  The  surveyor  is  hereby 
authorized  to  provide  for  the  furnishing  and  delivering  of 
supplies  and  the  performance  of  any  work  contemplated  in  this 
act  by  contract,  and  in  so  doing  to  call  for  proposals  for 
furnishing  and  delivering  such  supplies  or  doing  such  work 
and  to  make  a  contract  therefor  in  the  name  and  behalf  of 
said  city  (provided  such  contract  shall  first  be  approved  by 
the  commissioners)  and  the  party  to  whom  the  contract  is 
awarded  shall  furnish  proper  surety  for  the  faithful  per- 
foiTnance  of  said  contract  provided  however,  that  in  the  em- 
ployment of  labor,  citizens  of  Manchester  shall  be  given  prefer- 
ence, and  in  making  of  contracts  such  preference  shall  be 
stipulated  for  when  practicable;  said  surveyor  shall  annually 
on  or  before  the  fifteenth  day  of  January  prepare  and  trans- 
mit to  the  commissioners  and  board  of  mayor  and  aldermen  an 
estimate  of  the  appropriation  required  for  the  maintenance  of 
city  yards  and  street  cleaning,  for  the  construction,  repairing 
and  maintaining  of  highways  and  sewers  in  said  city  for  the 
ensuing  year,  and  he  shall  make  a  report  to  said  board  of  mayor 
and  aldermen  of  the  doings  of  the  department  for  the  year 
ending  with  the  December  draft  of  each  year.  The  surveyor 
shall  with  the  advice  and  consent  of  the  commissioners  have 
full  charge  and  control  of  the  engineer's  department  and  shall 
have  in  charge  the  performance  of  all  duties  heretofore  per- 
taining to  the  office  of  an  engineer;  he  may  appoint  with  the 
advice  and  consent  of  the  commissioners  one  competent  per- 
son to  act  as  superintendent  of  highways,  one  competent  per- 
son to  act  as  superintendent  of  sewers  and  one   competent 


1949]  Chapter  412  575 

person  to  act  as  superintendent  of  street  cleaning;  he  shall 
with  the  advice  and  consent  of  the  commissioners  establish  a 
schedule  of  grades  or  relative  positions  to  include  all  superin- 
tendents, subordinate  officers,  agents,  clerks  and  all  other  per- 
sons who  are  employed  or  may  be  employed  in  carrying  on  the 
work  contemplated  under  this  act,  and  he  shall  for  the  carrying 
out  of  the  purposes  of  this  act  have  all  the  powers  now  by  law 
vested  in  the  board  of  public  works,  or  department  of  pubhc 
works  and  the  various  city  departments  and  officials  of  said 
city  now  having  control  of  the  matters  covered  by  this  act, 
and  he  shall  have  the  authority  to  appoint  or  hire,  to  dismiss 
or  discharge  such  superintendents,  subordinate  officers,  agents, 
clerks  and  other  persons  as  he  may  deem  expedient. 

2.    T^kes   Effect.       This   act   shall    take    effect   upon   its 
passage. 
[Approved  June  1,  1949.] 


CHAPTER  412. 

AN  ACT  TO  INCREASE  THE  SALARIES  OF  THE  ASSESSORS  OF  THE 
CITY  OF  CONCORD. 

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

1.  Increase  in  Salary.  Amend  section  38,  chapter  305, 
Laws  of  1909  as  amended  by  chapter  245,  Laws  of  1919,  as 
amended  by  chapter  194,  Laws  of  1923,  as  amended  by  chapter 
258,  Laws  of  1931  and  chapter  349,  Laws  of  1947  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 
Sect.  38.  The  board  of  assessors  shall  meet  for  taking  their 
oaths  of  office  and  organization  at  three  o'clock  in  the  afternoon 
on  the  fourth  Tuesday  of  January  in  the  years  1911,  1912  and 
biennially  thereafter.  At  such  meeting  they  shall  choose  one 
of  their  number  to  act  as  chairman  for  a  term  of  two  years, 
except  that  the  term  of  the  chairman  chosen  in  the  year  1911 
shall  be  one  year.  The  member  acting  as  clerk  shall  receive 
the  sum  of  three  thousand  four  hundred  dollars  annually,  and 
the  other  members  each  the  sum  of  three  thousand  dollars 
annually  in  full  for  their  services. 

2.  Takes  Effect.  This  act  shall  take  effect  as  of  January  1, 
1949. 

[Approved  June  4,  1949.] 


576  Chapters  413,  414  [1949 

CHAPTER  413. 

AN    ACT    AUTHORIZING    THE    TILTON     AND     NORTHFIELD     UNION 

SCHOOL  DISTRICT  TO  ISSUE  NOTES  FOR  THE  PAYMENT  OF  AN 

OPERATIONAL  DEFICIT  FOR  THE  YEAR  1948-1949  AND 

VALIDATING    PROCEEDINGS     OF    THE    ANNUAL 

DISTRICT  MEETING  ON  MARCH  9,  1949. 

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

1.  Authorization.  The  Tilton  and  Northfield  union  school 
district  is  hereby  authorized  to  issue  serial  notes  in  an  amount 
not  exceeding  eleven  thousand  dollars,  in  the  manner  provided 
by  chapter  72  of  the  Revised  Laws  and  amendments  thereto, 
for  the  purpose  of  paying-  an  estimated  operational  deficit  for 
the  1948-1949  school  year,  section  5  of  said  chapter  72  or  any 
other  provisions  of  law  to  the  contrary  notwithstanding. 

2.  Proceedings  Validated.  The  proceedings  and  votes  of 
the  annual  district  meeting  of  the  Tilton  and  Northfield  union 
school  district  held  on  March  9,  1949,  so  far  as  they  relate  to 
the  appropriation  for  the  purpose  set  forth  in  section  1  and 
the  issuance  of  notes  in  pursuance  thereof,  are  hereby  legal- 
ized, ratified  and  confirmed  and  made  as  eff"ective  as  if  such 
proceedings  and  votes  were  taken  after  the  passage  of  this  act. 

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

[Approved  June  7,  1949.] 


CHAPTER  414. 


AN     ACT    RATIFYING    CERTAIN    ACTION    OF    THE    TOWN    OF 

WHITEFIELD  RELATIVE  TO  THE  SO-CALLED  MORRISON 

HOSPITAL. 

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

1.  Proceedings  Ratified.  The  votes  and  proceedings  of  the 
town  of  Whitefield  in  1927  whereby  said  town  accepted  a  gift 
of  a  hospital  from  Dr.  George  H.  Morrison  and  the  further  pro- 
ceeings   in   1929   relative   to   conveyance   of  said   hospital   to 


1949]  Chapter  415  577 

Morrison  Hospital  Training  School  subject  to  reversion  to 
said  town  when  certain  conditions  had  been  met,  are  hereby 
legalized,  ratified  and  confirmed. 

2.  Authority  Granted.  The  town  of  Whitefield  is  hereby 
authorized  to  maintain  the  so-called  Morrison  Hospital  and  to 
raise  and  appropriate  money  for  said  purpose. 

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

[Approved  June  9,  1949.] 


CHAPTER  415. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  HAMPTON  TO  ISSUE  SERIAL 

NOTES  OR  BONDS. 

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

1.  Authority  Granted.  The  town  of  Hampton  is  hereby 
authorized  to  issue  serial  notes  or  bonds,  from  time  to  time, 
not  exceeding  in  aggregate  principal  amount  the  sum  of  one 
hundred  fifty  thousand  dollars,  for  the  purpose  of  providing 
funds  for  constructing  and  equipping  a  new  town  hall  in  said 
town.  Action  taken  under  authority  of  this  act  at  any  meet- 
ing of  the  town  of  Hampton  held  in  the  current  year  shall  be 
as  effective  in  all  respects  as  though  this  act  had  been  in  full 
force  and  effect  on  the  date  when  the  warrant  for  such  meet- 
ing was  posted. 

2.  Notes  or  Bonds  Authorized.  Said  town,  at  a  town  meet- 
ing or  meetings  called  and  held  for  the  purpose,  shall  determine 
the  aggregate  principal  amount  of  such  notes  or  bonds  to  be 
issued,  and  may  determine  or  may  delegate  to  the  board  of 
selectmen  of  said  town  authority  to  determine,  the  date  or 
dates  of  issue  or  issues,  the  maturity  thereof  and  the  amount 
of  the  annual  maturities. 

3.  Issued  and  Sold.  Such  notes  or  bonds  shall  be  sold  by 
or  under  the  direction  of  the  board  of  selectmen  of  the  town, 
at  public  or  private  sale,  and  said  board  shall  prescribe,  sub- 
ject to  the  limitations  of  this  act,  the  denomination  and  the 
form  of  the  notes  or  bonds,  the  rate  of  interest  (which  shall 
not  exceed  four  per  cent  per  annum)  to  be  paid  thereon,  the 


578  Chapter  416  [1949 

bank  or  trust  company  by  which  said  notes  or  bonds  shall  be 
certified,  the  place  or  places  of  paying  the  interest  on  and  prin- 
cipal of  said  notes  or  bonds  and  all  other  details  relating  to  the 
issue  and  sale  of  said  notes  or  bonds. 

4.  Debt  Limit.  Except  as  otherwise  provided  in  this  act, 
the  provisions  of  the  Municipal  Bonds  Statute  shall  apply  to 
notes  or  bonds  herein  authorized,  provided,  however,  that  in 
ascertaining  and  fixing  the  net  debt  of  said  town  under  the  pro- 
visions of  the  said  Municipal  Bonds  Statute  or  any  amendment 
thereof,  all  indebtedness  incurred  under  the  authority  of  this 
act  shall  be  deducted. 

5.  Exercise  of  Authority;  Limitation.  Powers  hereinbe- 
fore granted  to  the  town  of  Hampton  may  be  exercised  by  said 
town  only  at  the  annual  town  meeting  in  March  1950  or  at  any 
special  town  meeting  held  before  March  1,  1950. 

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

[Approved  June  10,  1949.] 


CHAPTER  416. 

AN  ACT  TO  REVISE  THE  CHARTER  OF  THE  CITY  OF  CLAREMONT. 

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

1.  Incorporation.  The  inhabitants  of  the  city  of  Clare- 
mont  shall  continue  to  be  a  body  politic  and  corporate  under 
the  name  of  the  "City  of  Claremont"  and  as  such  to  enjoy  all 
the  rights,  immunities,  powers,  and  privileges  and  be  subject 
to  all  the  duties  and  liabilities  now  appertaining  or  incumbent 
upon  them  as  a  municipal  corporation.  All  existing  property 
of  the  city  shall  remain  vested  in  it,  and  all  its  existing  debts 
and  obligations  shall  remain  obligatory  upon  it,  under  this 
revised  charter. 

2.  Wards,  The  city  shall  continue  to  be  divided  into  three 
wards  as  at  present  constituted,  and  except  as  herein  other- 
wise provided  the  general  laws  relative  to  wards  of  cities, 
officers  thereof,  and  voters,  check-lists,  elections  and  jurors, 
therein  shall  be  applicable  to  such  wards. 


1949]  Chapter  416  579 

3.  School  District.  The  school  district  of  the  city  of  Clare- 
mont  as  presently  constituted  shall  be  a  body  corporate  and 
politic  and  shall  have  all  the  powers  and  shall  be  subject  to  the 
same  obligations  and  duties  as  are  conferred  or  imposed  upon 
school  districts  by  the  laws  of  the  state  of  New  Hampshire,  in 
such  case  made  and  provided. 

4.  Administration  of  City  Affairs.  The  administration  of 
the  fiscal,  prudential,  municipal  and  other  affiairs  of  the  city, 
and  the  government  thereof,  shall  be  vested  in  a  principal 
officer  to  be  called  the  mayor,  and  a  city  council.  The  city 
council  shall  consist  of  the  mayor  as  ex-officio  chairman  and 
nine  councilmen,  sitting  and  acting  together  as  a  single  body. 
The  mayor  shall  be  chosen  by  the  qualified  voters  of  the  city  at 
large,  voting  in  their  respective  wards,  and  of  the  nine  council- 
men,  three  shall  be  elected  at-large  and  two  shall  be  elected 
from  each  ward,  to  be  chosen  by  the  qualified  voters  thereof.  A 
majority  of  five  members  shall  constitute  a  quorum  for  the 
transaction  of  business  and  the  city  clerk  shall  act  as  clerk  of 
the  city  council. 

5.  Municipal  Elections.  All  city  and  ward  officers  who  are 
to  be  elected  by  the  legal  voters  of  the  city  or  any  ward  there- 
in, except  moderators,  ward  clerks  and  supervisors  of  the 
check-list,  shall  be  chosen  at  the  regular  municipal  elections, 
holden  on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, biennially  as  now  established  in  the  odd  numbered  years. 

6.  Filing-  of  Camdidacy.  Any  person  qualified  to  be  elected 
to  any  office  to  be  filled  at  the  succeeding  municipal  election 
shall  be  entitled  to  have  his  name  printed  upon  such  official 
ballots  as  a  candidate  for  such  office  upon  his  filing  with  the 
city  clerk,  not  later  than  thirty  days  preceding  the  election, 
his  declaration  in  writing  that  he  is  a  candidate  therefor,  and 
paying  to  the  city  clerk,  if  a  candidate  for  the  office  of  mayor, 
the  sum  of  five  dollars,  and  councilmen  or  other  officers  to  be 
chosen  by  the  voters,  two  dollars. 

7.  Official  Ballots.  The  official  ballots  prepared  by  the  city 
clerk  for  use  at  the  municipal  elections  shall  conform  as  nearly 
as  may  be  in  form  and  manner  of  folding  to  the  ballot  pre- 
pared by  the  secretary  of  state  for  use  at  general  biennial 
elections.  Upon  such  official  ballots  the  names  of  the  candi- 
dates for  each  office  shall  be  grouped  in  the  alphabetical  order 
of  their  surnames,  without  party  name  or  designation  of  any 


580  Chapter  416  [1949 

kind.  Over  each  group  shall  be  a  statement  of  the  office  for 
which  they  are  candidates  and  a  direction  as  to  the  number 
of  candidates  to  be  voted  for.  Under  each  gi'oup  shall  be  left 
as  many  blank  spaces  as  there  are  persons  to  be  elected  to 
such  office  at  the  municipal  election.  At  the  left  of  each 
printed  name  shall  be  a  square.  The  voter  shall  indicate  his 
choice  by  making  a  cross  in  the  square  at  the  left  of  the 
printed  name  of  each  candidate  for  whom  he  desires  to  vote, 
or  by  writing  the  name  of  any  person  or  persons  for  whom  he 
desires  to  vote  in  the  appropriate  blank  space  or  spaces. 

8.  Contested  Elections.  Within  seven  days  after  a  muni- 
cipal election  the  council  shall  canvass  the  votes  cast  and  the 
candidates  receiving  the  highest  number  of  votes  for  the 
offices  to  be  filled  shall  be  declared  elected.  Within  seven 
days  thereafter  the  council  shall,  subject  to  such  rules  and 
regulations  as  it  may  prescribe,  upon  the  request  of  any  candi- 
date, recount  the  ballots  cast  in  the  election  and  hear  and  de- 
termine any  contest  on  the  ground  of  fraud  or  misconduct 
therein.  Decisions  of  the  council  in  cases  of  contested  elections 
shall  be  final.  Tie  votes  for  any  elective  office  shall  be  re- 
solved by  lot  in  the  manner  that  the  council  may  determine. 
In  cases  arising  under  this  section  the  council  shall  have  the 
power  to  subpoena  witnesses  and  compel  the  production  of  all 
pertinent  books,  records  and  papers. 

9.  Terms  of  Office.  Terms  of  office  shall  begin  from  the 
first  secular  day  of  January  next  following  election,  and  shall 
continue  for  the  term  of  two  years  and  until  their  successors 
are  chosen  and  qualified.  The  mayor  shall  hold  office  for  a 
term  of  two  years. 

10.  Vacancies.  Vacancies  occurring  in  the  office  of  council- 
man or  mayor  at  any  time  after  the  election  of  a  candidate  or 
candidates  thereto  shall  be  filled  by  the  appointment  of  some 
qualified  person  who  receives  the  votes  of  at  least  five  members 
of  the  council  by  the  second  regular  meeting  following  the 
occurrence  of  the  vacancy  to  serve  until  the  next  regular 
election  at  which  time  his  successor  shall  be  elected  for  the  un- 
expired term. 

11.  Organization  of  City  Council.  The  mayor  and  council- 
man so  chosen,  shall  meet  at  ten  o'clock  in  the  forenoon  on  the 
first  secular  day  of  January  next  following  their  election,  in 
their  capacity  as  the  city  council  for  the  purpose  of  taking 


1949]  Chapter  416  581 

their  respective  oaths  of  office,  organizing,  adopting  rules  for 
the  transaction  of  business  required  by  laws  or  ordinance  to  be 
transacted  at  such  meeting.  The  city  council  shall  elect  by  a 
majority  vote  one  of  its  members  as  acting  mayor  who  shall 
serve  in  the  absence  of  the  mayor. 

12.  Compensation.  The  mayor  shall  receive  a  salary  of 
five  thousand  dollars  per  annum,  payable  monthly.  Council- 
men  shall  receive  ten  dollars  for  each  regular  council  meeting 
which  they  attend  but  in  the  aggregate  not  to  exceed  the  sum 
of  two  hundred  dollars  each  in  full  for  their  services. 

13.  Meetings.  The  mayor  shall  preside  over  all  meetings 
of  the  council  and  the  city  clerk  shall  act  as  clerk  of  the 
council.  All  meetings  of  the  council  shall  be  public.  Regular 
meetings  shall  be  held  at  seven  o'clock  in  the  evening  on  the 
second  Monday  of  each  month  and  special  meetings  upon  notice 
delivered  to  the  mayor  and  to  each  councilman  by  the  city 
clerk  at  the  written  request  of  the  mayor  or  at  least  six  council- 
men.  The  council  shall  establish  its  own  rules,  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  the  business 
of  the  council.  The  mayor  shall  have  the  right  to  introduce 
and  initiate  other  measures  in  the  council,  and  to  speak  therein 
upon  pending  measures  without  resigning  the  chair;  but  he 
shall  not  be  counted  to  make  a  quorum  of  such  council,  nor  vote 
therein  except  in  case  of  equal  division.  He  shall  have  no 
negative  on  any  ordinance,  resolution  or  vote  of  the  council. 
The  mayor-elect  and  the  newly-elected  members  of  the  council 
shall  assume  office  at  the  regular  January  meeting  in  each  even 
numbered  year. 

14.  Removal  of  Mayor,  Councilmen.  The  council  may,  on 
specific  charges  and  after  due  notice  and  hearing,  at  any  time 
remove  from  office  the  mayor  or  one  of  its  own  members  for 
prolonged  absence  from  or  other  inattention  to  duty,  mental  or 
physical  incapacity,  incompetency,  crime,  immorality,  or  mis- 
conduct in  office  upon  affirmative  vote  on  roll  call  of  at  least  six 
councilmen.  A  vacancy  occasioned  by  removal  under  this 
section  shall  be  filled  in  the  manner  provided  in  section  10  of 
this  charter. 

15.  Ordinances.  Municipal  legislation  shall  be  by  ordi- 
nance. Each  ordinance  shall  be  identified  by  a  number  and  a 
short  title.  The  enacting  clause  of  each  ordinance  shall  be 
"The  City  of  Claremont  Ordains,"  and  the  effective  date  of  each 


582  Chapter  416  [1949 

ordinance  shall  be  specified  in  it.  All  ordinances  shall  be 
recorded  at  length  uniformly  and  permanently  by  the  city 
clerk,  and  each  ordinance  so  recorded  shall  be  authenticated  by 
the  signature  of  the  mayor  and  the  city  clerk.  Ordinances 
shall  be  published,  compiled  and  revised  in  such  manner  and  at 
such  time  as  the  council  shall  determine.  A  public  hearing 
shall  be  held  before  any  ordinance  takes  effect. 

16.  General  Powers.  Except  as  herein  otherwise  pro- 
vided, the  council  hereby  established  shall  have  all  the  powers 
and  discharge  all  the  duties  conferred  or  imposed  upon  city 
councils  in  convention,  city  councils  voting  concurrently,  or 
boards  of  mayor  and  aldermen  acting  separately,  by  chapters 
62  to  66  inclusive,  of  the  Revised  Laws  or  other  general  law 
now  in  force  or  hereinafter  enacted,  or  upon  the  existing  city 
council  of  the  city  of  Claremont  by  special  laws  not  hereby  re- 
pealed. The  council  shall  have  the  powers  of  selectmen  of 
towns  so  far  as  consistent  with  this  charter.  All  provisions  of 
such  laws  pertaining  to  the  powers  or  duties  of  any  or  all  such 
bodies  shall  be  construed  to  apply  to  the  council  hereby 
established  unless  a  contrary  intent  of  provision  herein 
appears,  it  being  the  purpose  of  this  act  to  confer  upon  said 
council  all  functions  of  the  existing  council  whether  legislative, 
executive  or  judicial. 

Administrative  Service 

17.  Genei-al  Powers  and  Duties  of  the  Mayor.  The  mayor 
shall  be  the  chief  administrative  officer  and  the  head  of  the 
administrative  branch  of  the  city  government.  He  shall 
supervise  the  administrative  affairs  of  the  city  and  shall  carry 
out  the  policies  enacted  by  the  council.  He  shall  enforce  the 
ordinances  of  the  city,  this  charter,  and  all  general  laws 
applicable  to  the  city.  He  shall  keep  the  council  informed  of 
the  condition  and  needs  of  the  city  and  shall  make  such  re- 
ports and  recommendations  as  he  may  deem  advisable,  and 
perform  such  other  duties  as  may  be  prescribed  by  this  charter 
or  required  of  him  by  ordinance  or  resolution  of  the  council, 
not  inconsistent  with  this  charter.  He  shall  have  and  perform 
such  other  powers  and  duties  not  inconsistent  with  the  pro- 
visions of  this  charter  as  now  are  or  hereafter  may  be  con- 
ferred or  imposed  upon  him  by  municipal  ordinance  or  upon 
mayors  of  cities  by  general  law. 


1949]  Chapter  416  583 

18.  Appointive  Power  of  Mayor.  The  mayor  shall  have  the 
power  to  appoint  and  remove  all  officers  and  employees  in  the 
administrative  services  of  the  city,  subject  to  the  provisions  of 
this  charter,  and  he  may  authorize  and  empower  the  head  of  a 
department  or  officer  responsible  to  him  to  appoint  and  remove 
subordinates  in  such  department  or  office.  All  such  appoint- 
ments shall  be  without  definite  term  unless  made  for  a  pro- 
visional, temporary  or  emergency  service  not  to  exceed  the 
maximum  limits  which  may  be  prescribed  by  the  merit  plan. 

19.  Non-interference  by  the  Council.  It  is  the  intention  of 
this  charter  that  the  council  shall  act  in  all  matters  as  a  body, 
and  it  is  contrary  to  the  spirit  of  this  charter  for  any  of  its 
members  to  seek  individually  to  influence  the  official  acts  of  the 
mayor,  or  any  other  officer,  or  to  direct  or  request  the  appoint- 
ment of  any  person  to,  or  his  removal  from  office;  or  to  inter- 
fere in  any  way  with  the  performance  by  such  officers  of  their 
duties.  The  council  and  its  members  shall  deal  with  the  ad- 
ministrative service  solely  through  the  mayor  and  shall  not 
give  orders  to  any  subordinates  of  the  mayor  either  publicly  or 
privately.  Nothing  herein  contained  shall  prevent  the  coun- 
cil from  appointing  committees  of  its  own  members  or  of 
citizens  to  conduct  investigations  into  the  conduct  of  any 
officer  or  department,  or  any  matter  relating  to  the  welfare  of 
the  municipality,  and  delegating  to  such  committee  such 
powers  of  inquiry  as  the  council  may  deem  necessary.  Any 
councilman  violating  the  provisions  of  this  section  shall  upon 
conviction  thereof  in  a  court  of  competent  jurisdiction  forfeit 
his  office. 

20.  Appointive  Offices.  The  mayor  shall  appoint  a  city 
clerk,  a  treasurer,  an  assessor,  a  fire  chief,  a  health  officer,  a 
city  solicitor,  overseer  of  the  poor,  comptroller,  tax  collector, 
and  such  other  officers  as  may  be  necessary  to  administer  all 
departments  which  the  council  shall  establish,  subject  to  the 
confirmation  by  a  majority  vote  of  the  city  council.  The 
assessor  shall,  prior  to  his  appointment,  have  demonstrated 
knowledge  of  property  appraisal  or  assessment  and  of  the  laws 
governing  the  assessment  and  collection  of  property  taxes.  It 
shall  be  his  duty  to  assess  all  taxable  property  in  the  city  in 
accordance  with  general  law  and  such  administrative 
regulations  as  may  be  promulgated  pursuant  thereto,  main- 
tain a  standard  system  of  assessment  records,  and  perform 


584  Chapter  416  [1949 

such  other  duties  as  the  council  may  prescribe  by  ordinance. 
The  powers  and  duties  of  other  officers  and  heads  of  depart- 
ments appointed  by  the  mayor  shall  be  those  prescribed  by 
state  law,  by  this  charter  or  by  ordinance. 

21.  Departments;  Administrative  Code.  The  city  shall 
have  a  department  of  administration  headed  by  the  mayor,  and 
such  other  departments,  divisions  and  bureaus  as  the  council 
may  establish  by  ordinance.  It  shall  be  the  duty  of  the  first 
mayor  elected  under  the  provisions  of  this  charter  to  draft  and 
submit  to  the  council  within  six  months  after  assuming  oflfice, 
ordinance  providing  for  the  division  of  the  administrative 
service  of  the  city  into  departments,  divisions  and  bureaus,  and 
defining  the  functions  and  duties  of  each.  Subsequent  to  the 
adoption  of  such  ordinance,  upon  recommendation  of  the 
mayor,  the  council  by  ordinance  may  create,  consolidate  or 
abolish  departments,  divisions  and  bureaus  of  the  city  and  de- 
fine or  alter  their  functions  and  duties.  The  compilation  of 
such  ordinances  shall  be  known  as  the  "Administrative  Code." 
Each  officer  shall  have  supervision  and  control  of  his  depart- 
ment and  of  the  employees  therein  and  shall  have  power  to 
prescribe  rules  and  regulations,  not  inconsistent  with  general 
law,  this  charter,  the  administrative  code,  and  the  provisions 
of  the  merit  plan.  Prior  to  adoption  of  the  administrative  code 
the  mayor  shall  have  the  power  to  establish  temporary  rules 
and  regulations  to  insure  economy  and  efficiency  in  the  several 
divisions  of  the  city  government. 

22.  Purchasing  Procedure.  The  administrative  code  shall 
establish  a  centralized  purchasing  and  contract  system,  in- 
cluding the  combination  of  purchasing  of  similar  articles  for 
different  departments,  and  purchasing  by  competitive  bids 
whenever  practical.  The  mayor  shall  be  charged  with  the 
administration  of  the  system  so  established. 

Finance 

23.  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city 
shall  begin  on  the  first  day  of  January  unless  another  date 
shall  be  fixed  by  ordinance. 

24.  Fiscal  Control.  The  administrative  code  shall  provide 
for  the  exercise  of  a  control  function,  in  the  management  of 
the  finances  of  the  city,  by  the  city  clerk.  The  control  function 
shall  include  provisions  for  an  incumbrance  system  of  budget 


1949]  Chapter  416  585 

operation,  for  expenditure  only  upon  written  requisition,  for 
the  pre-audit  of  all  claims  and  demands  against  the  city  prior 
to  payment,  and  for  the  control  of  all  payments  out  of  any 
public  funds  by  individual  warrants  for  each  payment  to  the 
official  having-  custody  thereof. 

25.  Budget  Procedure.  The  municipal  budget  shall  be  pre- 
pared by  the  mayor.  At  such  time  as  may  be  specified  by  the 
administrative  code,  each  officer  or  director  of  a  department 
shall  submit  an  itemized  estimate  of  the  expenditures  for  the 
next  fiscal  year  for  the  department  or  activities  under  his  con- 
trol. The  mayor  shall  submit  the  proposed  budget  to  the 
council  at  least  one  month  before  the  start  of  the  fiscal  year 
of  the  budget. 

26.  Budget  Hearing.  A  public  hearing  on  the  budget  shall 
be  held  before  its  fiscal  adoption  by  the  council,  at  such  time 
and  place  as  the  council  shall  direct,  and  notice  of  such  public 
hearing  together  with  a  copy  of  the  budget  as  submitted  shall 
be  published  at  least  two  weeks  in  advance  of  the  hearing  by 
the  city  clerk. 

27.  Adoption  of  Budget.  The  council  may  reduce  any  item 
or  items  in  the  mayor's  budget  by  a  vote  of  a  majority  of  the 
council,  but  an  increase  in  or  addition  of  any  item  or  items 
therein  shall  become  effective  only  upon  an  affirmative  vote  of 
two-thirds  of  the  members  of  the  council.  The  budget  shall 
be  finally  adopted  not  later  than  the  first  day  of  the  third 
month  of  the  fiscal  year. 

28.  Transfer  of  Appropriations.  After  the  budget  has 
been  adopted,  no  money  shall  be  drawn  from  the  treasury  of  the 
city,  nor  shall  any  obligation  for  the  expenditure  of  money  be 
incurred,  except  pursuant  to  a  budget  appropriation  unless 
there  shall  be  a  specified  appropriation  therefor  specifying  the 
source  from  which  the  funds  shall  come.  Except  as  otherwise 
provided  in  this  charter  the  council  may  transfer  any  un- 
encumbered appropriation  balance  or  any  portion  thereof  from 
one  department,  fund,  or  agency,  to  another. 

29.  Depository.  The  council  shall  designate  the  depository 
or  depositories  for  city  funds,  and  shall  provide  for  the  daily 
deposit  of  all  city  moneys.  The  council  may  provide  for  such 
security  for  city  deposits  as  it  may  deem  necessary,  except 
that  personal  surety  bonds  shall  not  be  deemed  proper 
security. 


586  Chapter  416  [1949 

30.  Independent  Audit.  An  independent  audit  shall  be 
made  of  all  accounts  of  the  city  g"overnment  at  least  annually 
and  more  frequently  if  deemed  necessary  by  the  council.  Such 
audit  shall  be  made  by  qualified  public  accountants  experienced 
in  municipal  accounting  and  appointed  by  the  council.  An 
abstract  of  the  results  of  such  audit  shall  be  made  public.  An 
annual  report  of  the  city's  business  shall  be  made  available  in 
such  form  as  will  disclose  pertinent  facts  concerning  the 
activities  and  finances  of  the  city  government. 

31.  Official  Bonds.  Any  city  officer  elected  or  appointed 
by  authority  of  this  charter  may  be  required  by  the  council 
to  give  a  bond  to  be  approved  by  the  city  solicitor  for  the  faith- 
ful performance  of  the  duties  of  his  office,  but  all  officers  re- 
ceiving or  disbursing  city  funds  shall  be  so  bonded.  All 
official  bonds  shall  be  corporate  surety  bonds,  and  the 
premiums  thereon  shall  be  paid  by  the  city.  Such  bonds  shall 
be  filed  with  the  city  clerk. 

Personnel  Administration 

32.  Merit  Plan.  Appointments  and  promotions  to  all 
positions  in  the  service  of  the  city  shall  be  made  solely  on  the 
basis  of  merit  and  only  after  examination  of  the  applicants' 
fitness.  The  first  mayor  shall  draft  and  submit  to  the  council 
within  six  months  after  assuming  office  an  ordinance  providing 
for  the  establishment  of  a  merit  system  of  personnel  admin- 
istration. Such  ordinance  shall  include  provisions  with  re- 
gard to  classification,  compensation,  selection,  training,  pro- 
motion, discipline,  vacations,  retirement  and  any  other 
matters  necessary  to  the  maintenance  of  efficient  service  and 
the  improvement  of  working  conditions  of  such  ordinance. 
With  reasonable  dispatch  thereafter  the  council  shall  enact, 
amend  or  revise  the  ordinance  so  submitted,  but  in  any  event 
the  council  shall  enact  a  merit  plan  which  embodies  the  pro- 
visions herein  required.  It  shall  be  the  duty  of  the  mayor 
to  administer  the  merit  plan  so  enacted.  He  may  submit  re- 
visions of  the  merit  plan  to  the  council  from  time  to  time  as 
changes  in  conditions  and  circumstances  in  the  city  service 
justify. 

33.  Personnel  Advisory  Board.  There  is  hereby  estab- 
lished a  personnel  advisory  board  of  three  citizens  holding  no 
other  public  office  and  appointed  by  the  mayor,  subject  to  the 


1949]  Chapter  416  587 

approval  of  a  majority  of  the  council.  The  term  of  each 
member  shall  be  for  three  years  and  until  his  successor  is 
appointed  and  qualified.  However,  in  the  case  of  first  appoint- 
ments, one  member  shall  be  appointed  for  one  year,  one  for 
two  years,  and  one  for  three  years.  Vacancies  shall  be  filled 
for  the  remainder  of  any  term  in  the  same  manner  as  the 
original  appointment.  It  shall  be  the  duty  of  the  personnel 
advisory  board  to  study  the  broad  problems  of  personnel  policy 
and  administration,  to  advise  the  council  concerning-  the  per- 
sonnel policies  of  the  city  and  the  mayor  regarding  the  admin- 
istration of  the  merit  plan,  and  to  hear  appeals  from  an  em- 
ployee aggrieved  as  to  the  status  or  condition  of  his  employ- 
ment. The  council  shall  issue  written  reports  containing  find- 
ings of  fact  and  recommendations  to  the  mayor  upon  such 
appeals.  But  the  council  shall  have  no  power  to  reinstate  an 
employee  unless  it  finds,  after  investigation,  that  disciplinary 
action  was  taken  against  the  employee  for  religious,  racial  or 
political  reasons. 

34.  Retirements.  The  merit  plan  may  contain  provisions 
for  a  system  for  the  retirement  of  any  city  employee  who  shall 
have  attained  an  age  or  condition  of  health  which  warrants 
retirement  from  further  service.  Any  such  plan  shall  provide 
payments  to  retired  employees  only  as  additional  compensation 
for  services  rendered  after  the  inauguration  of  such  plan  and 
before  retirement. 

Special  Assessments 

35.  Council  Resolution.  The  council  shall  have  power  to 
determine  that  the  whole  or  any  part  of  the  expense  of  any 
public  improvement  shall  be  defrayed  by  special  assessments 
upon  the  property  especially  benefited  and  shall  so  declare  by 
resolution.  Such  resolution  shall  state  the  estimated  cost  of 
the  improvement,  what  proportion  of  the  cost  thereof  shall  be 
paid  by  special  assessments,  and  what  part,  if  any,  shall  be  a 
general  obligation  of  the  city,  the  number  of  installments  in 
which  assessments  may  be  paid,  and  shall  designate  the  dis- 
tricts or  land  and  premises  upon  which  special  assessments 
shall  be  levied. 

36.  Procedure  Fixed  by  Ordinance.  The  council  shall  pre- 
scribe by  general  ordinance  complete  special  assessment  pro- 
cedure concerning  plans  and  specifications,  estimate  of  costs, 


588  Chapter  416  [1949 

notice  and  hearing,  the  making-  of  assessment  roll  and 
correction  of  errors,  the  collection  of  special  assessments,  and 
any  other  matters  concerning  the  making  of  improvements  by 
the  special  assessment  method. 

Miscellaneous  Provisions 

37.  Oath  of  Office.  Every  person  elected  or  appointed  to 
any  city  office  before  entering  upon  the  duties  of  his  office 
shall  take  and  subscribe  to  an  oath  of  office  as  provided  by 
law  which  shall  be  filed  and  kept  in  the  office  of  the  city  clerk. 

38.  Notice  of  Election  or  Appointment.  Written  notice  of 
election  or  appointment  by  any  city  officer  shall  be  mailed  to 
him  at  his  address  by  the  city  clerk  within  forty-eight  hours 
after  the  appointment  is  made  or  the  vote  canvassed.  If 
within  ten  days  from  the  date  of  the  notice,  such  officer  shall 
not  take,  subscribe  to  and  file  with  the  city  clerk  an  oath  of 
office,  such  neglect  shall  be  deemed  a  refusal  to  serve  and  the 
office  shall  thereupon  be  deemed  vacant,  unless  the  council 
shall  extend  the  time  in  which  such  officer  may  qualify. 

39.  Vacancy  Defined.  In  addition  to  other  provisions  of 
this  charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office 
when  an  officer  dies,  resigns,  is  removed  from  office,  moves 
from  the  city,  is  convicted  of  a  felony  or  judicially  declared  to 
be  mentally  incompetent. 

40.  Official  Interest  in  Contracts.  No  officer  or  employee  of 
the  city  shall  take  part  in  a  transaction  or  decision  in  which  he 
has  a  financial  interest  aside  from  his  salary  as  such  officer  or 
employee,  direct  or  indirect,  greater  than  any  other  citizen  or 
taxpayer. 

41.  Private  Use  of  Public  Property.  No  officer  or  em- 
ployee shall  devote  any  city  property  or  labor  to  private  use 
except  as  may  be  provided  by  law  or  ordinance. 

42.  Use  of  Streets  by  Public  Utilities.  Every  public  utility 
shall  pay  such  part  of  the  cost  of  improvement  or  maintenance 
of  streets,  alleys,  bridges  and  public  places  as  shall  arise  from 
its  use  thereof,  and  shall  protect  and  save  the  city  harmless 
from  all  damages  arising  from  said  use. 

43.  Liability  for  Discharge.  The  removal  in  accordance 
with  this  charter  with  or  without  cause  of  a  person  elected  or 
appointed  or  otherwise  chosen  for  a  fixed  term  shall  give  no 
right  of  action  for  breach  of  contract. 


1949]  Chapter  416  589 

44.  Notice  of  Claim.  No  action  at  law  or  bill  in  equity  shall 
be  sustained  against  the  city  unless  a  notice  setting  forth  the 
nature  and  amount,  if  any,  of  the  claim  shall  have  been  de- 
livered or  sent  by  registered  mail  to  the  office  of  the  city  clerk 
not  less  than  sixty  days  prior  to  commencement  of  said  action 
at  law  or  bill  in  equity. 

45.  Referendum.  This  charter  shall  not  take  effect  unless 
it  is  adopted  by  a  majority  vote  at  a  special  election  to  be  held 
in  the  city  of  Claremont  on  the  second  Tuesday  in  September, 
1949,  or  at  a  subsequent  referendum  as  is  hereinafter  provided 
for.  The  city  clerk  then  in  office  shall  cause  to  be  included  on 
the  ballot  then  used  the  following  question:  "Shall  the  city 
manager  form  of  government  be  abolished  and  the  provisions 
of  an  act  entitled.  An  act  to  revise  the  charter  of  the  city  of 
Claremont  under  the  mayor  and  council  form  of  government 
be  adopted?"  Beneath  this  question  shall  be  printed  the 
word  "Yes"  and  the  word  "No"  with  a  square  immediately 
opposite  each  word,  in  which  the  voter  may  indicate  his  choice. 
The  referendum  relative  to  the  adoption  of  this  charter  shall 
be  conducted  in  every  way,  except  as  otherwise  herein  pro- 
vided, in  the  same  manner  as  the  election  of  candidates  for 
councilmen  under  the  present  charter.  If  a  majority  of  those 
voting  at  this  election  vote  in  the  affirmative  on  this  question, 
this  act  shall  be  declared  to  have  been  adopted.  If  this  act 
should  not  be  adopted  at  said  special  election,  the  question  of 
the  adoption  of  this  act  shall  again  be  voted  on  at  any  regular 
municipal  election  during  the  ten  years  immediately  following 
the  passage  of  this  act  if  at  least  ten  per  cent  of  the  number 
voting  at  the  last  previous  municipal  election,  all  qualified 
voters  of  the  city,  shall  sign  a  petition  requesting  such  vote, 
said  petition  to  be  submitted  to  the  city  clerk  at  least  thirty 
days  prior  to  said  election. 

46.  Separability.  The  sections  of  this  charter  and  the 
parts  thereof  are  separable.  If  any  portion  of  this  charter  or 
the  application  thereof  to  any  circumstances  shall  be  held  in- 
valid the  remainder  thereof  and  the  application  of  such  portion 
to  other  circumstances  shall  not  be  affected  thereby. 

47.  Repeal.  Sections.  1,  2,  5,  7,  9,  10,  14,  15,  16,  17,  18,  19, 
20,  21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  31,  32,  33,  34,  35,  36,  37, 
38,  39,  40,  41,  42,  43,  44,  45,  46,  47,  48,  49,  50,  51,  52,  53,  54,  55, 
56,  57,  58,  59,  60,  61,  62,  63,  64,  65,  66,  67,  69  of  chapter  392  of 


590  Chapter  417  [1949 

the  Laws  of  1947  are  hereby  repealed  and  all  other  provisions 
of  law  inconsistent  herewith  are  hereby  repealed  to  the  extent 
of  such  inconsistency. 

48.  Municipal  Court.  The  municipal  court  of  the  city  as  at 
present  constituted  is  hereby  continued. 

49.  Police  Commission.  All  special  legislation  relative  to 
the  police  commission  is  hereby  continued  in  force. 

50.  Water  Works,  Sewers,  Center.  All  special  legislation 
in  force  relating  to  the  water  works,  sewers,  the  E.  Charles 
Goodwin  Center  is  hereby  continued  in  force. 

51.  Takes  Effect.  Section  45  of  this  act  shall  take  effect 
upon  its  passage,  and  if  adopted  at  the  special  election  or  a 
referendum  provided  for  in  said  section,  the  remainder  of  this 
act  shall  take  effect  as  follows :  So  much  as  relates  to  the  pre- 
liminaries for  and  the  holding  and  conduct  of  the  first 
municipal  election  shall  take  effect  immediately  upon  such 
adoption.  For  all  other  purposes  this  charter  shall  take  effect 
on  the  first  secular  day  of  January  following  the  first  election 
under  this  charter. 

[Approved  June  13,  1949.] 


CHAPTER  417. 


AN  ACT  RELATING  TO  THE  RECONSTRUCTION  AND  FINANCING  OF 

THE  WATER  WORKS  SYSTEM  OF  THE  PLYMOUTH  VILLAGE 

FIRE  DISTRICT. 

Be  it  enacted  by  the  Senate  and  Hoiise  of  Repr'esentatives  in 
General  Court  convened: 

1.  Authorizatioin.  The  Plymouth  Village  Fire  District  in 
the  town  of  Plymouth  in  the  county  of  Grafton  is  hereby 
authorized  to  incur  indebtedness  in  an  amount  not  exceeding 
four  hundred  thousand  dollars  ($400,000),  including  the 
amount  authorized  by  chapter  72  of  tlie  Revised  Laws,  for  the 
purpose  of  purchasing  land,  constructing  and  reconstructing, 
and  maintaining  and  operating  such  water  works  system  as  it 
may  deem  necessary  for  municipal  use  and  for  the  use  of  its 
inhabitants  and  others.  Said  district  shall  have  all  necessary 
power  to  take  any  property  it  may  need  in  connection  with  the 
establishment  of  such  water  system,  by  condemnation  pro- 
ceedings. 


1949]  Chapter  417  591 

2.  Issuance  of  Bonds  or  Notes.  For  the  purpose  and  to  the 
extent  set  forth  in  section  1  of  this  act,  the  Plymouth  Village 
Fire  District  in  the  town  of  Plymouth  is  hereby  authorized  and 
empowered  to  issue  serial  notes  or  bonds  payable  at  such 
times,  not  more  than  thirty  years  from  their  date  of  issue,  and 
in  such  amounts,  and  in  such  manner  as  the  said  district  may 
determine  at  any  regular  or  special  meeting  called  for  the  pur- 
pose at  a  rate  of  interest  to  be  fixed  by  said  district  in  accord- 
ance with  the  remaining  provisions  of  chapter  72  of  the 
Revised  Laws,  as  amended  by  chapter  5,  Laws  of  1947,  except 
as  hereinafter  provided. 

3.  Debt  Limit.  The  debt  authorized  by  this  act  shall  be 
exempt  from  the  limitations  imposed  upon  the  borrowing 
capacity  of  said  Plymouth  Village  Fire  District  in  the  town  of 
Plymouth  by  section  7  of  chapter  72  of  the  Revised  Laws,  and 
in  ascertaining  and  fixing  the  net  debt  of  the  district  under  the 
provisions  of  chapter  72  of  the  Revised  Laws,  all  indebtedness 
incurred  under  the  authority  of  this  act  shall  be  deducted. 

4.  Application  of  Laws.  Except  as  herein  otherwise  pro- 
vided, the  provisions  of  chapter  72  of  the  Revised  Laws  relative 
to  municipal  bonds  shall  apply  to  the  water  works  of  the  Ply- 
mouth Village  Fire  District  in  the  town  of  Plymouth  and  to 
bonds  and  notes  herein  authorized. 

5.  Takes  Effect.  This  act  shall  take  effect  when  approved 
by  a  majority  of  those  present  and  voting  at  a  regular  or  any 
special  meeting  of  the  voters  of  said  Plymouth  Village  Fire 
District  in  the  town  of  Plymouth,  held  on  or  before  May  1, 
1952 ;  provided  that  the  warrant  of  such  meeting  shall  contain 
an  article  calling  for  the  consideration  of  such  approval;  and 
provided  further  that  the  requirements  in  section  4,  chapter 
70,  and  section  9,  chapter  72  of  the  Revised  Laws  to  the  effect 
that  a  majority  of  all  the  legal  voters  must  be  present  and 
voting  at  such  special  meeting,  and  the  limitations  set  forth  in 
section  5  of  chapter  51  of  the  Revised  Laws,  shall  not  be 
applicable. 

[Approved  June  13,  1949.] 


592  Chapter  418  [1949 

CHAPTER  418. 

AN  ACT  PROVIDING  A  COUNCIL-MANAGER  PLAN  CHARTER  FOR  THE 

CITY  OF  CONCORD. 

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

City  Established 

1.  Incorporation.  The  inhabitants  of  the  city  of  Concord 
shall  continue  to  be  a  body  politic  and  corporate  under  the 
name  of  the  "City  of  Concord,"  and  as  such  to  enjoy  all  the 
rights,  immunities,  powers,  and  privileges  and  be  subject  to 
all  the  duties  and  liabilities  now  appertaining  to  or  incumbent 
upon  them  as  a  municipal  corporation.  All  existing  property 
of  the  city  shall  remain  vested  in  it,  and  all  its  existing  debts 
and  obligations  shall  remain  obligatory  upon  it,  under  this  re- 
vised charter. 

2.  Wards.  The  city  shall  continue  to  be  divided  into  nine 
wards  as  at  present  constituted,  and  except  as  herein  otherwise 
provided  the  general  laws  relative  to  wards  of  cities,  officers 
thereof,  and  voters,  check-lists,  elections,  and  jurors  therein 
shall  be  applicable  to  such  wards;  but  the  office  of  selectmen 
is  hereby  abolished  in  the  city,  and  all  the  duties  pertaining  to 
that  office  shall  hereafter  be  performed  in  each  ward  thereof 
by  the  supervisors  of  the  check-list,  who,  for  all  pui^poses  re- 
quiring such  officers,  shall  be  deemed  selectmen  of  the  ward. 

Elections 

3.  Conduct  of  Elections.  The  election  officers  in  each  ward 
whose  duty  it  is  to  conduct  regular  biennial  elections  shall  con- 
duct a  municipal  election  at  the  expense  of  the  city  in  the  same 
manner  as  a  regular  biennial  election  on  the  Tuesday  following 
the  first  Monday  in  November  of  the  odd  numbered  years,  to 
elect  three  councilmen-at-large  to  serve  for  four  years  each 
chosen  by  the  qualified  voters  of  the  city  at  large,  voting  in 
their  respective  wards,  and  nine  ward  councilmen  to  serve  for 
two  years  each,  chosen  from  each  ward  by  the  qualified  voters 
thereof.  In  the  first  election  held  under  this  charter  the  three 
aldermen-at-large  whose  terms  have  not  expired  shall  continue 
in  office  as  councilmen-at-large  until  the  expiration  of  the 
terms  of  office  for  which  they  were  elected.  At  each  municipal 
election  thereafter  nine  ward   councilmen   shall   be   chosen   to 


1949]  Chapter  418  593 

serve  for  two  years  each  and  three  councilmen-at-large  shall 
be  chosen  to  serve  for  four  years  each.  The  supervisors  of  the 
check-list  in  each  ward  shall  fix  the  polling  place  therein  and 
give  notice  thereof  when  the  check-list  for  the  municipal 
election  is  first  posted. 

4.  Qualification  of  Voters.  Persons  who  would  be  qualified 
to  vote  in  a  biennial  election  if  held  on  the  day  of  such 
municipal  election  shall  be  the  qualified  voters  therein. 
Municipal  elections  hereunder  shall  be  deemed  elections  within 
the  meaning  of  all  general  statutes,  penal  and  otherwise,  and 
said  statutes  shall  apply  to  municipal  elections  so  far  as  con- 
sistent with  this  charter.  The  polls  shall  be  open  at  each 
municipal  election  from  nine  o'clock  in  the  forenoon  to  seven 
o'clock  in  the  evening  in  each  ward. 

5.  Preparation  of  Ballots.  The  city  clerk  shall  prepare  the 
ballots  to  be  used  at  the  municipal  elections.  The  ballot  shall 
contain  the  names  in  alphabetical  order  without  party  desig- 
nation of  all  who  file  with  the  city  clerk  as  candidates  for  the 
office  of  ward  councilman  or  councilmen-at-large  not  later  than 
five  o'clock  in  the  afternoon  of  the  fifteenth  day  before  the 
election.  Each  candidate  shall  pay  the  city  clerk  a  fee  of 
three  dollars  except  one  on  whose  behalf  a  petition  shall  have 
been  filed  by  at  least  fifty  qualified  voters.  No  name  shall  be 
printed  on  the  ballot  by  reason  of  such  a  petition  unless  con- 
sent thereto  shall  be  endorsed  on  the  petition  by  the  candidate 
himself  not  later  than  five  o'clock  in  the  afternoon  of  the  tenth 
day  before  the  election.  Below  the  list  of  names  of  the  candi- 
dates there  shall  be  as  many  blank  spaces  as  there  are  council- 
men  to  be  elected.  The  city  clerk  shall  have  the  same  powers 
and  duties  with  reference  to  municipal  elections  as  has  the 
secretary  of  state  with  reference  to  general  biennial  elections 
so  far  as  such  powers  and  duties  are  not  inconsistent  herewith. 

6.  Contested  Elections.  Within  seven  days  after  a 
municipal  election  the  council  shall  canvass  the  votes  cast  and 
the  candidates  receiving  the  highest  number  of  votes  for  the 
offices  to  be  filled  shall  be  declared  elected.  Within  seven  days 
thereafter  the  council  shall,  subject  to  such  rules  and 
regulations  as  it  may  prescribe,  upon  request  of  any  candidate, 
recount  the  ballots  cast  in  the  election  and  hear  and  determine 
any  contest  on  the  ground  of  fraud  or  misconduct  therein. 
Decisions  of  the  council  in  cases  of  contested  elections  shall  be 


594  Chapter  418  [1949 

final.  Tie  votes  for  any  elective  office  shall  be  resolved  by  lot 
in  the  manner  that  the  council  may  determine.  In  cases  aris- 
ing under  this  section  the  council  shall  have  the  power  to  sub- 
poena witnesses  and  compel  the  production  of  all  pertinent 
books,  records,  and  papers. 

The  Governing  Body 

7.  Term  and  Number  of  Members.  Except  as  otherwise 
provided  in  this  chapter,  all  the  powers  of  the  city  shall  be 
vested  in  a  council  of  six  councilmen-at-large  and  nine  ward 
councilmen.     The  city  clerk  shall  act  as  clerk  of  the  council. 

8.  Mayor.  The  council  shall,  at  its  first  regular  meeting 
following  each  election,  choose  one  of  its  members  mayor  for  a 
term  of  two  years.  The  council  shall  choose  one  of  its  mem- 
bers mayor  pro  tern,  who  shall  act  in  the  absence  or  disability 
of  the  mayor.  In  the  event  of  a  vacancy  occurring  in  the  office 
of  mayor,  the  council  shall  choose  one  of  its  members  mayor 
at  the  next  regular  meeting  to  serve  for  the  unexpired  term. 
The  mayor  shall  be  the  official  head  of  the  city  for  all  cere- 
monial purposes,  he  shall  preside  at  all  meetings  of  the  council, 
and  may  speak  and  vote  in  such  meetings.  All  other  duties  of 
the  mayor  prescribed  by  law  shall  be  exercised  by  the  manager 
provided  for  in  this  charter. 

9.  Qualifications.  No  person  shall  be  a  candidate  for 
election  as  councilman  who  is  not  a  duly  qualified  voter  in  the 
city.  No  councilman  shall,  during  his  term  as  councilman,  be 
eligible  to  hold  any  other  municipal  office  except  mayor  or 
mayor  pro  tem. 

10.  Vacancies.  Vacancies  occurring  in  the  office  of  council- 
man at  any  time  after  the  election  of  a  candidate  or  candi- 
dates thereto  shall  be  filled  by  the  appointment  of  some 
qualified  person  who  receives  the  votes  of  at  least  eight  mem- 
bers of  the  council  by  the  second  regular  meeting  following 
the  creation  of  the  vacancy. 

11.  Compensation.  Councilmen  shall  receive  ten  dollars 
for  each  council  meeting  upon  attendance  not  to  exceed  in  the 
aggregate  two  hundred  dollars  per  year  in  full  for  their 
services. 

12.  Meetings.  All  meetings  of  the  council  shall  be  public. 
Regular  meetings  shall  be  held  on  the  second  Monday  of  each 
month   and   special   meetings   upon   notice   delivered   to  each 


1949]  Chapter  418  595 

councilman  by  the  city  clerk  at  the  written  request  of  the 
manager  or  at  least  eight  councilmen.  The  council  shall 
establish  its  own  rules  and  a  majority  shall  constitute  a  quorum 
for  the  transaction  of  the  business  of  the  council.  Newly 
elected  members  of  the  council  shall  assume  office  at  the 
regular  January  meeting  in  each  even  numbered  year. 

13.  Ordinances.  Municipal  legislation  shall  be  by  ordi- 
nance. Each  ordinance  shall  be  identified  by  a  number  and  a 
short  title.  The  enacting  clause  of  each  ordinance  shall  be 
"The  City  of  Concord  ordains"  and  the  effective  date  of  each 
ordinance  shall  be  specified  in  it.  All  ordinances  shall  be 
recorded  in  full  uniformly  and  permanently  by  the  city  clerk 
and  each  ordinance  so  recorded  shall  be  authenticated  by  the 
signature  of  the  mayor  and  the  city  clerk.  Ordinances  shall 
be  published,  compiled,  and  revised  in  such  manner  and  at  such 
times  as  the  council  shall  determine. 

14.  General  Powers.  Except  as  herein  otherwise  provided, 
the  council  hereby  established  shall  have  all  the  powers  and 
discharge  all  the  duties  conferred  or  imposed  upon  city  coun- 
cils in  convention,  city  councils  voting  concurrently  or  boards 
of  mayor  and  aldermen  acting  separately,  by  chapters  50  to  54 
of  the  Public  Laws  or  other  general  laws  now  in  force  or  here- 
after enacted,  or  upon  the  existing  city  councils  or  board  of 
mayor  and  aldermen  of  the  city  of  Concord  by  special  laws  not 
hereby  repealed.  The  council  shall  have  the  powers  of  select- 
men of  towns  so  far  as  consistent  with  this  charter.  All  pro- 
visions of  such  laws  pertaining  to  the  powers  or  duties  of  any 
or  all  such  bodies  shall  be  construed  to  apply  to  the  council 
hereby  established  unless  a  contrary  intent  or  provision  herein 
appears,  it  being  the  purpose  of  this  act  to  confer  upon  said 
council  all  functions  of  either  or  both  branches  of  the  existing 
city  councils,  except  such  as  are  specifically  transferred  to  the 
manager.  All  committees  of  the  council  and  all  boards  shall 
be  deemed  advisory  and  policy  making  only  except  as  herein 
otherwise  provided. 

Administrative  Service 

15.  Manager.  The  chief  administrative  officer  of  the  city 
shall  be  called  the  manager.  The  council  shall  appoint  as  man- 
ager for  an  indefinite  term,  and  fix  the  salary  of,  a  qualified 
person  who  receives  the  votes  of  at  least  eight  members  of  the 


596  Chapter  418  [1949 

council.  The  first  council  elected  under  this  charter  shall 
appoint  a  manager  within  three  months  after  the  effective  date 
of  this  charter. 

16.  Qualifications.  The  manager  shall  be  chosen  solely  on 
the  basis  of  his  executive  and  administrative  qualifications, 
but  he  need  not  be  a  resident  of  the  city  or  the  state  at  the 
time  of  his  appointment.  No  person  who  has  within  two  years 
been  selected  by  popular  vote  to  any  office  in  the  city  of  Con- 
cord, in  Merrimack  county,  or  in  the  state  of  New  Hampshire, 
shall  be  chosen  manager. 

17.  Removal.  The  manager  may  be  removed  by  a  majority 
vote  of  the  members  of  the  council  as  herein  provided.  At 
least  thirtj^  days  before  the  proposed  removal  of  the  manager, 
the  council  shall  adopt  a  resolution  stating  its  intention  to  re- 
move him  and  the  reasons  therefor,  a  copy  of  which  shall  be 
served  forthwith  on  the  manager  who  may,  within  ten  days, 
demand  a  public  hearing  in  which  event  the  manager  shall  not 
be  removed  until  such  public  hearing  has  been  held.  Upon  or 
after  passage  of  such  a  resolution  the  council  may  suspend  him 
from  duty,  but  his  pay  shall  continue  until  his  removal.  In 
case  of  such  a  suspension  the  council  may  appoint  an  acting 
manager  to  serve  at  the  pleasure  of  the  council  for  not  more 
than  ninety  days.  The  action  of  the  council  in  removing  the 
manager  shall  be  final. 

18.  General  Powers  and  Duties  of  Manager.  The  manager 
shall  supervise  the  administrative  affairs  of  the  city  and  shall 
carry  out  the  policies  enacted  by  the  council.  He  shall  be 
charged  with  the  preservation  of  the  public  peace  and  health 
and  the  safety  of  persons  and  property,  and  shall  see  to  the 
enforcement  of  the  ordinances  of  the  city,  this  charter,  and 
the  laws  of  the  state.  He  shall  keep  the  council  informed  of 
the  condition  and  needs  of  the  city  and  shall  make  such  re- 
ports and  recommendations  as  he  may  deem  advisable,  and 
perform  such  other  duties  as  may  be  prescribed  by  this 
charter,  or  required  of  him  by  ordinance  or  resolution  of  the 
council,  not  inconsistent  with  this  charter.  He  shall  liave  and 
perform  such  other  powers  and  duties  not  inconsistent  with 
the  provisions  of  this  charter  as  now  are  or  hereafter  may  be 
conferred  or  imposed  upon  him  by  municipal  ordinance  or 
upon  mayors  of  cities  by  general  law.     He  shall  have  the  right 


1949]  Chapter  418  597 

to  take  part  in  the  discussion  of  all  matters  coming  before  the 
council,  but  not  the  right  to  vote. 

19.  Appointive  Power  of  Manager.  The  manager  shall 
have  the  power  to  appoint  and  remove,  subject  to  the  pro- 
visions of  this  charter,  all  officers  and  employees  in  the  ad- 
ministrative service  of  the  city ;  but  the  manager  may  author- 
ize the  head  of  a  department  or  office  responsible  to  him  to 
appoint  and  remove  subordinates  in  such  department  or  office. 
All  such  appointments  shall  be  without  definite  term  unless 
for  provisional,  temporary,  or  emergency  service  not  to  exceed 
the  maximum  periods  which  may  be  prescribed  by  the  rules 
and  regulations  of  the  merit  plan. 

20.  Non-interference  by  the  Council.  Neither  the  council 
nor  any  of  its  members  shall  direct  or  request,  except  in  writ- 
ing, the  appointment  of  any  person  to  office  or  employment,  or 
his  removal  therefrom,  by  the  manager  or  any  of  the  adminis- 
trative officers.  Neither  the  council  nor  any  member  thereof 
shall  give  orders  to  any  of  the  administrative  officers  either 
publicly  or  privately,  but  they  may  make  suggestions  and 
recommendations.  Any  violation  of  the  provisions  of  this 
section  by  a  councilman  shall  be  a  misdemeanor,  a  conviction 
of  which  shall  constitute  immediate  forfeiture  of  his  office. 

21.  Appointive  Officers.  There  shall  be  appointed  by  the 
manager,  three  assessors,  a  city  clerk,  treasurer,  police  chief, 
fire  chief,  city  solicitor,  one  overseer  of  the  poor  for  wards  2-9 
inclusive,  one  overseer  of  the  poor  for  ward  1,  and  such  other 
officers  as  are  necessary  to  administer  all  departments  which 
the  council  shall  establish,  which  departments  shall  replace  all 
existing  departments,  boards  and  commissions.  The  powers 
and  duties  of  these  officers  and  heads  of  departments  so 
appointed  shall  be  those  prescribed  by  state  law,  by  this 
charter  or  by  ordinance. 

22.  Administrative  Departments.  The  first  manager  under 
this  charter  shall  draft  and  submit  to  the  council  within  nine 
months  after  assuming  office  an  ordinance  dividing  the  admin- 
istrative service  of  the  city  into  departments,  divisions,  and 
bureaus  and  defining  the  functions  and  duties  of  each.  After 
the  adoption  of  that  ordinance,  upon  recommendation  of  the 
manager,  the  council  by  ordinance  may  create,  consolidate,  or 
abolish  departments,  divisions,  and  bureaus  of  the  city  and 


598  Chapter  418  [1949 

define  or  alter  their  functions  and  duties.  Such  ordinances 
shall  be  known  as  the  "administrative  code."  Each  officer 
shall  have  supervision  and  control  of  his  department  and  the 
employees  therein  and  shall  have  power  to  prescribe  rules  and 
regulations,  not  inconsistent  with  general  law,  this  charter,  the 
administrative  code,  and  the  rules  and  regulations  of  the  merit 
plan.  Pending  passage  of  such  code  the  manager  may  estab- 
lish temporary  regulations. 

23.  Purchasing  Procedure.  The  administrative  code  shall 
establish  purchasing  and  contract  procedure  including  the 
assignment  of  all  responsibility  for  purchases  to  a  single  per- 
son, the  combination  of  purchasing  of  similar  articles  by  differ- 
ent departments,  and  purchasing  by  competitive  bids  wherever 
practical. 

Finance 

24.  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city 
shall  begin  on  the  first  day  of  January  unless  another  date 
shall  be  fixed  by  ordinance. 

25.  Financial  Control.  The  manager  shall  appoint  an 
officer  other  than  the  treasurer  who  shall  maintain  accounting 
control  over  the  finances  of  the  city,  make  financial  reports, 
and  perform  such  other  duties  as  may  be  required  by  the 
administrative  code.  He  shall  audit  and  approve  all  authorized 
claims  against  the  city  before  paying  the  same. 

26.  Budget  Procedure.  At  such  time  as  may  be  requested 
by  the  manager  or  specified  by  the  administrative  code,  each 
officer  or  director  of  a  department  shall  submit  an  itemized 
estimate  of  the  expenditures  for  the  next  fiscal  year  for  the 
departments  or  activities  under  his  control.  The  manager 
shall  submit  the  proposed  budget  to  the  council  at  least  one 
month  before  the  start  of  the  fiscal  year  of  the  budget. 

27.  Budget  Hearing.  A  public  hearing  on  the  budget  shall 
be  held  before  its  final  adoption  by  the  council,  at  such  time 
and  place  as  the  council  shall  direct,  and  notice  of  such  public 
hearing  together  with  a  summary  of  the  budget  as  submitted 
shall  be  published  at  least  one  week  in  advance  by  the  city 
clerk. 

28.  Date  of  Final  Adoption.  The  budget  shall  be  finally 
adopted  not  later  than  the  twenty-seventh  day  of  the  first 
month  of  the  fiscal  year.     Should  the  council  take  no  final 


1949]  Chapter  418  599 

action  on  or  prior  to  such  day,  the  budget,  as  submitted,  shall 
be  deemed  to  have  been  finally  adopted  by  the  council.  This 
section  shall  not  apply  to  the  first  fiscal  year  after  this  charter 
takes  effect. 

29.  Appropriations  After  Budget  is  Adopted.  No  appro- 
priation shall  be  made  for  any  purpose  not  included  in  the 
annual  budget  as  adopted  unless  voted  by  a  two-thirds  majority 
of  the  council  after  a  public  hearing  held  to  discuss  said  appro- 
priation. The  council  shall  by  resolution  designate  the  source 
of  any  money  so  appropriated. 

30.  Budget  Control.  At  the  beginning  of  each  quarterly 
period  during  the  fiscal  year  and  more  often  if  required  by  the 
council,  the  manager  shall  submit  to  the  council  data  showing 
the  relation  between  the  estimated  and  actual  income  and  ex- 
penses to  date;  and  if  it  shall  appear  that  the  income  is  less 
than  anticipated,  the  council  or  manager  may  reduce  the  appro- 
priation for  any  item  or  items,  except  amounts  required  for 
debt  and  interest  charges,  to  such  a  degree  as  may  be  neces- 
sary to  keep  expenditures  within  the  cash  income.  The 
manager  may  provide  for  monthly  or  quarterly  allotments  of 
appropriations  to  departments,  funds,  or  agencies  under  such 
rules  as  he  shall  prescribe. 

31.  Transfer  of  Appropriations.  After  the  budget  has 
been  adopted,  no  money  shall  be  drawn  from  the  treasury  of 
the  city,  nor  shall  any  obligation  for  the  expenditure  of  money 
be  incurred,  except  pursuant  to  a  budget  appropriation  unless 
there  shall  be  a  specific  additional  appropriation  therefor. 
The  head  of  any  department,  with  the  approval  of  the  manager, 
may  transfer  any  unencumbered  balance  or  any  portion  thereof 
from  one  fund  or  agency  within  his  department  to  another 
fund  or  agency  within  his  department;  the  manager,  with  the 
approval  of  the  council,  may  transfer  any  unencumbered  appro- 
priation balance  or  any  portion  thereof  from  one  department 
to  another. 

32.  Depository.  The  council  shall  designate  the  depository 
or  .depositories  for  city  funds,  and  shall  provide  for  the  daily 
deposit  of  all  city  moneys.  The  council  may  provide  for  such 
security  for  city  deposits  as  it  may  deem  necessary,  except 
that  personal  surety  bonds  shall  not  be  deemed  proper  security. 


600  Chapter  418  [1949 

33.  Independent  Audit.  An  independent  audit  shall  be 
made  of  all  accounts  of  the  city  government  at  least  annually 
and  more  frequently  if  deemed  necessary  by  the  council.  Such 
audit  shall  be  made  by  certified  public  accountants  experienced 
in  municipal  accounting.  An  abstract  of  the  results  of  such 
audit  shall  be  made  public.  At  least  once  every  five  years  the 
council  shall  request  that  such  audit  be  made  by  the  New 
Hampshire  state  tax  commission  or  by  auditors  selected  by 
said  commission  if  then  authorized  by  law  to  make  such  audit. 
An  annual  report  of  the  city's  business  shall  be  made  available. 

34.  Official  Bonds.  Any  city  officer  elected  or  appointed  by 
authority  of  this  charter  may  be  required  by  the  manager  to 
give  a  bond  to  be  approved  by  the  city  solicitor  for  the  faith- 
ful performance  of  the  duties  of  his  office,  but  all  officers  re- 
ceiving or  disbursing  city  funds  shall  be  so  bonded.  All 
official  bonds  shall  be  corporate  surety  bonds,  and  the 
premiums  thereon  shall  be  paid  by  the  city.  Such  bonds  shall 
be  filed  with  the  city  clerk. 

35.  Borrowing  Procedure.  Subject  to  the  applicable  pro- 
visions of  state  law  and  the  rules  and  regulations  provided  by 
ordinance  in  the  administrative  code,  the  council,  by  resolution, 
may  authorize  the  borrowing  of  money  for  any  pui^Dose  within 
the  scope  of  the  powers  vested  in  the  city  and  the  issuance  of 
bonds  of  the  city  or  other  evidence  of  indebtedness  therfor, 
and  may  pledge  the  full  faith,  credit,  and  resources  of  the  city 
for  the  payment  of  the  obligation  created  thereby.  Borrow- 
ing for  a  term  exceeding  one  year  shall  be  authorized  by  the 
council  only  after  a  duly  advertised  public  hearing. 

Merit  Plan 

36.  Appointments.  Appointments  and  promotions  to  all 
positions  in  the  service  of  the  city  shall  be  made  solely  on  the 
basis  of  merit  and  only  after  examination  of  the  applicants' 
fitness.  So  far  as  practicable  examinations  shall  be  com- 
petitive. 

37.  Rules  and  Regulations.  The  first  manager  under  this 
charter  shall  draft  and  submit  to  the  council  within  three 
months  after  assuming  office  a  set  of  rules  and  regulations, 
which  shall  become  effective  one  month  after  its  submission 
unless  vetoed  by  the  council  within  that  period,  providing  for 
the  establishment  of  a  merit  system  of  personnel  administra- 


1949]  Chapter  418  601 

tion  and  for  the  implementation  of  such  portions  of  that 
system  as  are  prescribed  by  this  charter.  The  rules  and 
regulations  shall  include  provisions  with  regard  to  classifi- 
cation, compensation,  selection,  training,  promotion,  dis- 
cipline, vacations,  and  any  other  matters  necessary  to  the 
maintenance  of  efficient  service  and  the  improvement  of  work- 
ing conditions.  The  rules  and  regulations  shall  continue  in 
force  subject  to  amendments  submitted  from  time  to  time  by 
the  manager  which  shall  become  effective  one  month  after 
their  submission  unless  vetoed  by  the  council  within  that 
period.  Until  the  first  set  of  such  rules  and  regulations  be- 
comes effective,  the  manager  may  establish  temporary  rules 
and  regulations. 

38.  Compensation.  The  compensation  of  all  officers  and  em- 
ployees not  fixed  by  this  charter  shall  be  fixed  in  the  rules  and 
regulations  of  the  merit  plan  by  a  schedule  of  pay  which  shall 
include  a  minimum  and  maximum  and  such  intermediate  rates 
as  may  be  deemed  desirable  for  each  class  of  position  provided 
for  in  said  rules  and  regulations.  In  increasing  or  decreasing 
items  in  the  city  budget,  the  council  shall  not  increase  or  de- 
crease any  individual  salary  item  but  shall  act  solely  with  re- 
spect to  total  salaries  in  the  various  departments  of  the  city. 

39.  Personnel  Advisory  Board.  There  is  hereby  established 
a  personnel  advisory  board  of  three  citizens  holding  no  other 
municipal  office  and  appointed,  one  member  by  the  manager,  one 
by  the  council,  and  the  third  by  these  two  appointees.  In  the 
first  instance  only  the  member  appointed  by  the  manager  shall 
serve  for  one  year,  the  member  appointed  by  the  council  for 
two  years,  and  the  third  member  for  three  years,  in  each  case 
beginning  on  the  effective  date  of  this  charter;  the  terms  of 
all  succeeding  members  shall  be  for  three  years  beginning  on 
the  expiration  of  the  term  each  succeeds.  It  shall  be  the  duty 
of  the  personnel  advisory  board  to  study  the  broad  problems 
of  personnel  policy  and  administration,  to  advise  the  council 
concerning  the  personnel  policies  of  the  city  and  the  manager 
regarding  the  administration  of  the  merit  plan  and  to  hear 
appeals  from  any  employee  aggrieved  as  to  the  status  or  con- 
dition of  his  employment.  The  board  shall  issue  written  re- 
ports containing  findings  of  facts  and  recommendations  to  the 
manager  upon  such  appeals  but  the  board  shall  have  no  power 
to  reinstate  an  employee  unless  it  finds,  after  investigation. 


602  Chapter  418  [1949 

that  disciplinary  action  was  taken  against  the  employee  for 
religious,  racial,  or  political  reasons, 

40.  Certification  of  Compensation.  No  compensation  shall 
be  paid  without  certification  by  the  manager,  or  such  officer  as 
he  may  direct,  that  the  recipients  are  employed  by  the  city 
and  that  their  rates  of  compensation  comply  with  the  pay 
schedule  provided  for  in  section  38.  If  such  officer  approves 
payments  not  in  conformity  therewith,  he  and  his  surety  shall 
be  liable  for  the  amount  of  such  payments.  A  taxpayer  may 
maintain  a  civil  action  to  restrain  payment  of  compensation 
to  persons  unlawfully  appointed  or  employed  or  to  recover  for 
the  city  any  sums  paid  contrary  to  the  provisions  of  this 
charter. 

41.  Employees  When  Charter  Adopted.  No  employee  of 
the  city  at  the  time  this  charter  is  adopted  shall  be  required  to 
take  any  examination  in  order  to  continue  within  the  employ- 
ment of  the  city.  All  other  provisions  of  the  merit  plan  will 
apply  to  such  employees. 

Special  Assessments 

42.  Council  Resolution.  The  council  shall  have  power  to 
determine  that  not  exceeding  fifty  per  cent  of  the  expense  of 
any  public  improvement  shall  be  defrayed  by  special  assess- 
ments upon  the  property  especially  benefited  and  shall  so  de- 
clare by  resolution.  Such  resolution  shall  state  the  estimated 
cost  of  the  improvement,  what  proportion  of  the  cost  thereof 
shall  be  paid  by  special  assessments,  and  what  part,  if  any, 
shall  be  a  general  obligation  of  the  city,  the  number  of  install- 
ments in  which  special  assessments  may  be  paid,  and  shall 
designate  the  districts  or  land  and  premises  upon  which  special 
assessments  shall  be  levied. 

43.  Procedure  Fixed  by  Ordinance.  The  council  shall  pre- 
scribe by  general  ordinance  complete  special  assessment  pro- 
cedure concerning  plans  and  specifications,  estimate  of  costs, 
notice  and  hearing,  the  making  of  the  special  assessment  roll 
and  correction  of  errors,  the  collection  of  special  assessments, 
and  any  other  matters  concerning  the  making  of  improve- 
ments by  the  special  assessment  method. 

Miscellaneous  Provisions 

44.  Oath  of  Office.  Every  person  elected  or  appointed  to 
any  city  office  before  entering  upon  the  duties  of  his  office 


1949]  Chapter  418  603 

shall  take  and  subscribe  to  an  oath  of  office  as  provided  by  law 
which  shall  be  filed  and  kept  in  the  office  of  the  city  clerk. 

45.  Notice  of  Election  or  Appointment.  Written  notice  of 
election  or  appointment  of  any  city  officer  shall  be  mailed  to 
him  at  his  address  by  the  city  clerk  within  forty-eight  hours 
after  the  appointment  is  made  or  the  vote  canvassed.  If  with- 
in ten  days  from  the  date  of  the  notice,  such  officer  shall  not 
take,  subscribe  to,  and  file  with  the  city  clerk  an  oath  of  office, 
such  neglect  shall  be  deemed  a  refusal  to  serve  and  the  office 
shall  thereupon  be  deemed  vacant,  unless  the  council  shall  ex- 
tend the  time  in  which  such  officer  may  qualify. 

46.  Vacancy  Defined.  In  addition  to  other  provisions  of 
this  charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office 
when  an  officer  dies,  resigns,  is  removed  from  office,  is  con- 
victed of  a  felony,  or  is  judicially  declared  to  be  mentally  in- 
competent. 

47.  Official  Interest  in  Contracts.  No  elective  or  appointive 
officer  or  employee  of  the  city  shall  take  part  in  a  decision  con- 
cerning the  business  of  the  city  in  which  he  has  a  financial  in- 
terest aside  from  his  salary  as  such  officer  or  employee,  direct 
or  indirect,  greater  than  any  other  citizen  or  taxpayer. 

48.  Private  Use  of  Public  Property.  No  officer  or  employee 
shall  devote  any  city  property  or  labor  to  private  use  except  as 
may  be  provided  by  law  or  ordinance. 

49.  Use  of  Streets  by  Public  Utilities.  Every  public  utility 
shall  pay  such  part  of  the  cost  of  improvement  or  maintenance 
of  streets,  alleys,  bridges,  and  public  places  as  shall  arise  from 
its  use  thereof,  and  shall  protect  and  save  the  city  harmless 
from  all  damages  arising  from  said  use. 

50.  Liability  for  Discharge.  The  removal  in  accordance 
with  this  charter  with  or  without  cause  of  a  person  elected  or 
appointed  or  otherwise  chosen  for  a  fixed  term  shall  give  no 
right  of  action  for  breach  of  contract. 

51.  Notice  of  Claim.  No  action  at  law  or  bill  in  equity  for 
money  or  damages  claimed  due  shall  be  sustained  against  the 
city  unless  a  notice  setting  forth  the  nature  and  amount,  if 
any,  of  the  claim  shall  have  been  delivered  or  sent  by  registered 
mail  to  the  office  of  the  city  clerk  not  less  than  sixty  days  prior 
to  the  commencement  of  said  action  at  law  of  [or]  bill  in 
equity. 


604  CHAPTER  418  [1949 

52.  Municipal  Court.  The  municipal  court  of  the  city  as  at 
present  constituted  is  hereby  continued. 

53.  Violations.  Any  person  who  violates  any  provisions  of 
this  charter,  unless  otherwise  provided,  or  violates  any  city 
ordinance  for  which  no  other  punishment  is  provided,  shall  be 
fined  not  exceeding  five  hundred  dollars  or  imprisoned  not  ex- 
ceeding- ninety  days,  or  both. 

54.  Public  Records.     All  records  of  the  city  shall  be  public. 

Saving  Clauses  and  Adoption  of  Charter 

55.  Saving  Clause.  So  much  of  the  previous  charter  of  the 
city  and  of  laws  passed  in  amendment  or  supplementary  there- 
of, as  is  now  in  force  relative  to  the  constitution  and  bounds 
of  its  several  wards,  its  school  districts  and  sewer,  lighting, 
and  other  special  precincts  and  their  government  and  affairs, 
to  its  water  works,  municipal  court,  and  to  the  borrowing  of 
money  in  aid  of  its  school  districts,  is  hereby  continued  in 
force,  with  the  exception  of  such  provisions  as  are  inconsistent 
with  this  charter;  but  all  special  legislation  relative  to  the 
government  of  the  city,  not  herein  expressly  saved,  is  hereby 
repealed.  All  general  laws  relative  to  the  government  of  cities 
shall  remain  in  force  in  the  city  so  far  as  the  same  can  be 
applied  consistently  with  the  intents  and  pui-poses  of  this 
charter,  but  shall  be  deemed  superseded  as  to  this  city  so  far 
as  inconsistent  herewith.  Existing  ordinances  and  other 
municipal  regulations  shall  remain  in  force  so  far  as  the  same 
can  be  applied  consistently  with  the  intents  and  purposes  of 
this  charter,  but  are  hereby  annulled  so  far  as  inconsistent 
herewith.  In  all  existing  laws,  ordinances,  and  regulations 
hereby  saved,  references  to  the  city  councils,  board  of  mayor 
and  aldermen,  board  of  public  works,  or  other  bodies  or  officers 
hereby  abolished  and  superseded,  or  to  bodies  or  officers  whose 
constitution  or  functions  are  hereby  altered,  shall  be  taken  to 
mean  the  body  or  officer  upon  whom  jurisdiction  of  the  matter 
in  question  is  conferred  by  this  charter  or  by  the  administra- 
tive code. 

56.  Tenure  of  Office.  The  incumbents  when  this  charter 
takes  effect,  who  are  not  elected  by  popular  vote,  of  all  muni- 
cipal offices  not  hereby  abolished  or  superseded  shall  continue 
to  hold  the  same  until  the  expiration  of  their  respective  terms 


1949]  Chapter  418  605 

where  a  term  of  years  exists,  or  until  such  offices  are  abolished 
or  superseded  by  lawful  ordinances. 

57.  Referendum.  This  act  shall  be  submitted  to  the 
registered  voters  of  the  citj^  of  Concord  at  the  forthcoming 
municipal  primary  election  to  be  held  on  October  11,  1949,  and 
shall  be  designated  as  "Plan  2,  Council-Manager  Plan."  At 
the  top  of  the  ballot  used  at  said  primary  there  shall  appear 
questions  in  bold-face  type  and  instructions,  as  hereinafter 
provided,  relative  to  the  adoption  of  said  plan  2  together  with 
plan  1  as  set  forth  in  "An  Act  to  revise  the  charter  of  the  city 
of  Concord."  The  primary  ballot  shall  be  prepared  by  the  city 
clerk  in  accordance  with  the  provisions  of  this  section.  The 
qualified  voters  shall  vote  primarily  on  the  following  question, 
namely:  Shall  the  present  charter  of  the  city  of  Concord  be 
repealed?  And  secondly  on  the  following  question,  namely: 
If  the  present  charter  of  the  city  of  Concord  is  repealed,  shall 
the  new  charter  be  Plan  1,  Revised  Mayor-Alderman  Plan  or 
Plan  2,  Council-Manager  Plan?  If  a  majority  of  those  voting 
on  the  primary  question  cast  ballots  in  favor  of  a  repeal  of  the 
present  charter,  the  plan  receiving  the  larger  number  of  votes 
on  the  secondary  question  shall  be  adopted  as  the  charter  of 
the  city,  but  should  there  be  a  tie  vote  on  the  secondary 
question,  the  present  charter  shall  remain  in  force.  If  a 
majority  of  those  voting  on  the  primary  question  cast  ballots 
opposing  repeal  of  the  present  charter,  it  shall  remain  in  force, 
and  the  balloting  on  the  secondary  question  shall  be  dis- 
regarded. A  voter  may  vote  on  the  secondary  question  who 
has  voted  in  the  negative  on  the  primary  question;  but  if  on 
any  ballot  the  voter  shall  vote  for  both  Plan  1  and  Plan  2,  so 
much  of  said  ballot  as  refers  to  the  secondary  question  shall 
not  be  counted.  The  ballots  shall  contain  questions  sub- 
stantially in  this  form : 

(All  voters  are  eligible  to  vote  on  both  questions) 

First  Question 

Shall  the  present  charter  of  the  city  of  Concord  be  repealed? 

(Make  a  cross  (X)  opposite  and  to  the  right  of  either 

the  word  YES  or  the  word  NO,  as  you  prefer). 

YES   D 

NO     n 


606  Chapter  418  [1949 

Second  Question 

(Make  a  cross  (X)  opposite  and  to  the  right  of  either 

Plan  1  or  Plan  2,  as  you  prefer,  but  do  not  vote  on 
both). 

If  the  present  charter  of  the  city  is  repealed, 

I  want  the  new  charter  to  be  as  follows : 

Plan  1 — Revised  Mayor-Aldermen  Plan  Q 

Plan  2 — Council-Manager  Plan  D 

The  ballots  shall  be  cast,  counted  and  canvassed  as  pro- 
vided in  the  election  ordinances  and  laws  of  the  city  of  Con- 
cord and  state  respectively.  The  mayor  and  board  of  alder- 
men, at  a  special  meeting  to  be  held  on  the  Monday  following 
the  primary,  shall  canvass  the  returns  and  declare  the  results, 
which  shall  be  duly  recorded  by  the  city  clerk. 

58.  Separability.  The  sections  of  this  charter  and  the  parts 
thereof  are  separable.  If  any  portion  of  this  charter,  or  the 
application  thereof  to  any  person  or  circumstance,  shall  be  held 
invalid,  the  remainder  thereof  or  the  application  of  such  in- 
valid portions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby. 

59.  Takes  Effect.  Section  57  of  this  act  shall  take  effect 
upon  its  passage,  and  if  adopted  at  the  referendum  provided 
for  in  said  section  the  remainder  of  this  act  shall  take  effect  as 
follows :  So  much  as  relates  to  the  preliminaries  for  and  the 
holding  and  conduct  of  the  first  municipal  election  shall  take 
effect  immediately  upon  such  adoption.  For  all  other  purposes 
this  charter  shall  take  effect  on  the  second  Monday  of  January 
following  the  first  election  under  this  charter.     . 

[Approved  June  15,  1949.] 


1949]  Chapter  419  607 

CHAPTER  419. 

AN  ACT  TO  REVISE  THE  CHARTER  OP  THE  CITY  OF  CONCORD. 

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

City  Established 

1.  Incorporation.  The  inhabitants  of  the  city  of  Concord 
shall  continue  to  be  a  body  politic  and  corporate  under  the 
name  of  the  "City  of  Concord,"  and  as  such  to  enjoy  all  the 
rights,  immunities,  powers  and  privileges  and  be  subject  to  all 
the  duties  and  liabilities  now  appertaining  to  or  incumbent 
upon  them  as  a  municipal  corporation.  All  existing  property 
of  the  city  shall  remain  vested  in  it,  and  all  its  existing  debts 
and  obligations  shall  remain  obligatory  upon  it,  under  this  re- 
vised charter. 

2.  Wards.  The  city  shall  continue  to  be  divided  into  nine 
wards  as  at  present  constituted,  and  except  as  herein  other- 
wise provided  the  general  laws  relative  to  wards  of  cities, 
officers  thereof,  and  voters,  check-lists,  elections  and  jurors 
therein  shall  be  applicable  to  such  wards;  but  the  office  of 
selectmen  is  hereby  abolished  in  the  city,  and  all  the  duties 
pertaining  to  that  office  shall  hereafter  be  performed  in  each 
ward  thereof  by  the  supervisors  of  the  check-list,  who  for  all 
purposes  requiring  such  officers,  shall  be  deemed  the  selectmen 
of  the  ward. 

Elections 

3.  Conduct  of  Elections  and  Primaries.  The  election 
officers  in  each  ward,  whose  duty  it  is  to  conduct  regular 
biennial  elections,  shall  conduct  a  municipal  election  in  the 
same  manner  as  a  regular  biennial  election  on  the  Tuesday 
following  the  first  Monday,  in  November  in  the  odd-numbered 
years  to  choose  a  mayor,  three  aldermen-at-large,  and  an  alder- 
man from  each  ward.  The  candidates  for  all  offices  to  be 
filled  at  such  municipal  elections  shall  be  nominated  at 
primary  elections,  hereinafter  called  primaries,  to  be  held  on 
the  fourth  Tuesday  preceding  each  municipal  election.  The 
supervisors  of  the  check-list  in  each  ward  shall  fix  the  polling 
place  therein  and  give  notice  thereof  when  the  check-list  for 
the  primary  is  first  posted.  Primaries  and  municipal  elections 
held  under  the  provisions  of  this  charter  shall  be  deemed  to  be 


608  Chapter  419  [1949 

elections  within  the  meaning  of  all  general  statutes,  penal  and 
otherwise,  and  said  statutes  shall  apply  to  such  elections  so  far 
as  consistent  with  this  charter. 

4.  Qualifications  of  Voters  amd  Check-lists.  Persons  who 
would  be  qualified  to  vote  in  a  biennial  election  if  held  on  the 
day  of  a  primary  or  municipal  election  shall  be  the  qualified 
voters  therein.  The  supervisors  of  the  check-list  in  each  ward 
shall  make,  post,  and  correct  a  check-list  for  use  at  each 
primary  in  the  manner  in  which  check-lists  are  by  law  re- 
quired to  be  prepared  for  use  at  regular  biennial  elections.  The 
check-list  so  prepared  shall  be  further  corrected  for  use  at  the 
succeeding  municipal  election  at  a  session  of  the  supervisors 
to  be  holden  on  the  Saturday  next  preceding  such  municipal 
election,  notice  of  which  session  shall  be  given  on  the  check- 
lists posted  before  the  preceding  primary;  and  no  further 
posting  or  notice  shall  be  required  before  such  municipal 
election.  All  provisions  of  general  statutes  relating  to 
the  preparation,  use  and  preservation  of  check-lists  used  at 
regular  biennial  elections  shall  apply  to  the  check-lists  used  at 
the  municipal  elections  and  primaries,  except  as  otherwise  ex- 
pressly provided  herein. 

5.  Preparation  of  Ballots.  The  city  clerk  shall  prepare  the 
ballots  to  be  used  in  the  municipal  elections  and  primaries  in 
form  as  nearly  like  the  ones  used  in  the  regular  biennial 
elections  as  the  requirements  of  this  charter  permit.  Upon 
such  ballots  shall  be  printed  the  words  "Official  Ballot,"  and 
they  shall  be  authenticated  by  a  facsimile  of  the  signature  of 
the  city  clerk.  The  names  of  the  candidates  shall  be  grouped 
in  the  alphabetical  order  of  their  surnames,  without  party 
name  or  designation  of  any  kind.  Over  each  group  shall  be 
printed  the  title  of  the  office  to  be  filled  and  a  direction  as  to 
the  number  of  candidates  to  be  voted  for.  Under  each  group 
shall  be  left  as  many  blank  spaces  as  there  are  persons  to  be 
elected  to  each  office  at  the  municipal  election.  To  the  right  of 
each  printed  name  shall  be  a  square.  The  voter  shall  indicate 
his  choice  by  making  a  cross  in  the  square  to  the  right  of  the 
printed  name  of  each  candidate  for  whom  he  desires  to  vote, 
or  by  writing  the  name  of  any  person  or  persons  for  whom  he 
desires  to  vote  in  the  appropriate  blank  space  or  spaces.  If  a 
voter,  either  at  a  municipal  election  or  the  preceding  primary 
votes  for  more  candidates  for  any  office  than  are  to  be  elected 


1949]  Chapter  419  609 

to  that  office  at  such  municipal  elections,  he  shall  be  regarded 
as  not  having  voted  for  any  candidate  for  that  office.  The 
city  clerk  shall  have  the  same  powers  and  duties  with  refer- 
ence to  municipal  elections  and  primaries  as  has  the  secretary 
of  state  with  reference  to  regular  biennial  elections,  so  far  as 
such  powers  and  duties  are  not  inconsistent  herewith. 

6.  Nomination  and  Election  of  Candidates.  The  name  of 
any  person  shall  be  printed  upon  the  primary  ballots  upon  his 
filing  with  the  city  clerk,  not  later  than  five  o'clock  in  the  after- 
noon of  the  fifteenth  day  before  the  primary,  his  declaration  in 
writing  that  he  is  a  candidate  for  any  office  to  be  filled  at  the 
succeeding  municipal  election  and  paying  to  the  city  clerk  a 
fifing  fee  of  five  dollars;  provided,  however,  that  the  name  of 
any  person  shall  be  printed  upon  the  primary  ballot  without 
the  filing  of  a  declaration  or  the  payment  of  a  fee,  if  a  petition 
in  his  behalf  signed  by  at  least  fifty  qualified  voters  shall  have 
been  filed  with  the  city  clerk  not  later  than  five  o'clock  in  the 
afternoon  of  the  tenth  day  before  the  primary.  The  petition 
shall  consist  of  at  least  fifty  individual  certificates,  each  in 
form  substantially  as  follows: 

"I  do  hereby  join  in  a  petition  for  the  publication 

on  the  primary  ballot  of  the  name  of 

,  residing  at 

(street,  ward)  for  the  office  of , 

to  be  voted  for  at  the  primary  election  to  be  held  by 

the  City  of  Concord  on  the 

day  of ,  19 .... ,  and  I  certify 

that  I  am  qualified  to  vote  for  a  candidate  for  said 
office,  and  am  not  a  signer  of  any  other  similar 
petition  for  any  other  candidate  for  the  above  office; 

that  my  residence  is (street, 

ward).     I  further  certify  that  I  believe  the  above- 
named  person  is  especially  qualified  to  fill  said  office. 
(Signed)   " 

Several  certificates  may  be  printed  on  one  paper.  One  of  the 
signers  of  each  such  paper  shall  make  an  oath  before  an  officer 
competent  to  administer  oaths  that  the  statements  therein 
made  are  true  to  his  best  knowledge  and  belief,  and  that  each 
signature  to  the  paper  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be.  The  city  clerk  shall  furnish 
upon  application  a  reasonable  number  of  forms  of  individual 


610  Chapter  419  [1949 

certificates  of  the  above  character.  No  primary  petition  shall 
be  accepted  by  the  city  clerk  without  an  endorsement  thereon 
by  the  candidate  consenting  to  the  printing  of  his  name  on  the 
primary  ballot  as  requested  in  the  petition.  When  a  primary 
petition  is  presented  for  filing  to  the  city  clerk,  he  shall  forth- 
with examine  the  same  and  ascertain  whether  it  conforms  to 
the  provisions  of  this  section,  and  if  not  found  in  conformity 
thereto,  he  shall  designate  the  defect  and  return  the  petition 
to  the  candidate  in  whose  behalf  it  was  filed.  Such  petition 
may  again  be  presented  when  properly  amended  if  this  can  be 
done  within  the  time  allowed  for  filing  such  primary  petitions. 
The  names  of  the  two  candidates  for  mayor  and  of  the  six 
candidates  for  aldermen-at-large  receiving  the  greatest 
number  of  votes  cast  in  the  city  at  large  at  the  primary,  and 
of  the  two  candidates  in  each  ward  receiving  the  largest 
number  of  the  votes  cast  at  the  primary  for  alderman  from 
each  ward,  shall  be  printed  upon  the  ballot  to  be  used  at  the 
succeeding  municipal  election  as  nominees  for  such  offices.  The 
nominee  or  nominees  where  more  than  one  are  to  be  elected 
to  the  same  office  who  shall  receive  the  greatest  number  of 
votes  shall  be  elected. 

7.  Contested  Elections.  Within  seven  days  after  a  muni- 
cipal primary  or  election  the  board  of  aldermen  shall  canvass 
the  votes  cast,  and  the  candidates  or  nominees  receiving  the 
greatest  number  of  votes  as  provided  in  the  preceding  section 
shall  be  declared  nominated  or  elected.  Within  seven  days 
thereafter  the  board  of  aldermen  shall,  subject  to  such  rules 
and  regulations  as  it  may  prescribe,  upon  request  of  any  candi- 
date, recount  the  ballots  cast  at  any  primary  or  election  and 
hear  and  determine  any  contest  on  the  ground  of  fraud  or  mis- 
conduct therein.  Decisions  of  the  board  of  aldermen  in  cases 
of  contested  elections  shall  be  final.  Tie  votes  in  any  primary 
or  election  shall  be  resolved  by  lot  in  the  manner  that  the  board 
of  aldermen  may  determine.  In  cases  arising  under  this 
section,  the  board  of  aldermen  shall  have  the  power  to  sub- 
poena witnesses  and  compel  the  production  of  all  pertinent 
books,  records  and  papers. 

The  City  Government 

8.  The  Governing  Body.  The  city  shall  be  governed  by  a 
principal  officer  called  the  mayor  and  a  board  of  fifteen  alder- 
men.    The  mayor  shall  be  elected  from  the  city  at  large  for  a 


1949]  Chapter  419  611 

term  of  two  years.  Six  aldermen  shall  be  elected  from  the  city 
at  large  for  terms  of  four  years  and  one  shall  be  elected  from 
each  ward  for  a  term  of  two  years,  provided  that  at  the  first 
election  held  under  this  charter  the  three  aldermen-at-large 
elected  under  the  previous  charter  whose  terms  have  not  ex- 
pired shall  continue  in  office  until  the  second  election  here- 
under. 

9.  QualificatioTis  for  Office.  No  person  shall  be  a  candidate 
for  the  office  of  mayor  or  alderman-at-large  who  is  not  a  duly 
qualified  voter  of  the  city.  No  person  shall  be  a  candidate  for 
the  office  of  ward  alderman  who  is  not  a  duly  qualified  voter  in 
the  ward  in  which  he  seeks  election. 

10.  Vacancies.  Vacancies  occurring  in  the  offi.ce  of  alder- 
man from  any  cause  shall  be  filled  for  the  unexpired  term  with 
the  election  of  some  qualified  person  by  the  recorded  votes  of 
at  least  eight  members  of  the  board  of  aldermen  at  the  next 
regular  meeting  or  at  a  special  meeting  called  for  the  express 
purpose  of  filling  the  vacancy  within  thirty  days  following  the 
creation  of  the  vacancy. 

The  business  administrator  shall  act  as  mayor  whenever 
the  mayor  shall  be  prevented  by  absence  from  the  city,  dis- 
ability or  other  cause  from  attending  to  the  duties  of  his  office, 
During  such  time  the  business  administrator  shall  possess  all 
the  rights,  powers  and  duties  of  mayor.  In  case  a  vacancy 
occurs  in  the  office  of  mayor  by  death,  resignation  or  other- 
wise, the  board  of  aldermen  shall  fill  the  vacancy  for  the  un- 
expired term  with  the  election  of  one  of  the  aldermen-at-large 
by  the  recorded  votes  of  at  least  eight  members  of  the  board 
at  the  next  regular  meeting  or  at  a  special  meeting  called  for 
the  express  purpose  of  filling  the  vacancy  within  thirty  days 
following  the  creation  of  the  vacancy.  The  person  so  elected 
shall  have  the  same  powers  and  duties  in  all  respects  as  if 
elected  mayor  by  the  people,  and  upon  his  qualifying  as  mayor 
his  office  as  alderman  shall  be  deemed  to  be  vacant. 

11.  Compensation.  The  mayor  shall  receive  a  salary  of 
five  thousand  dollars  per  annum,  payable  monthly.  Aldermen 
shall  receive  fifteen  dollars  per  meeting  upon  attendance,  not 
to  exceed  in  the  aggregate  three  hundred  dollars  per  annum 
in  full  for  their  services. 

12.  Meetings.  The  mayor  shall  preside  over  all  meetings 
of  the  board  of  aldermen  and  the  city  clerk  shall  act  as  clerk 


612  Chapter  419  [1949 

of  the  board.  All  meeting's  of  the  board  of  aldermen  shall  be 
public.  Regular  meetings  shall  be  held  at  seven  o'clock  in  the 
evening  on  the  second  Monday  of  each  month  and  special  meet- 
ings upon  notice  delivered  to  the  mayor  and  to  each  alderman 
by  the  city  clerk  at  the  written  request  of  the  mayor  or  at 
least  five  aldermen.  The  board  of  aldermen  shall  establish  its 
own  rules,  and  a  majority  shall  constitute  a  quorum  for  the 
transaction  of  the  business  of  the  board.  The  m.ayor  shall  have 
the  right  to  introduce  bills  and  initiate  other  measures  in  the 
board  of  aldermen,  and  to  speak  therein  upon  pending  measures 
without  resigning  the  chair;  but  he  shall  not  be  counted  to 
make  a  quorum  of  such  board,  nor  vote  therein  except  in  case 
of  equal  division.  He  shall  have  no  negative  on  any  ordinance, 
resolution  or  vote  of  the  board  of  aldermen.  The  mayor-elect 
and  the  newly  elected  members  of  the  board  of  aldermen  shall 
assume  office  at  the  regular  January  meeting  in  each  even 
numbered  year. 

13.  Removal  of  Mayor,  Aldermen.  The  board  of  aldermen 
may,  on  specific  charges  and  after  due  notice  and  hearing,  at 
any  time  remove  from  office  the  mayor  or  one  of  its  own  mem- 
bers for  prolonged  absence  from  or  other  inattention  to  duty, 
mental  or  physical  incapacity,  incompetency,  crime,  immoral- 
ity, or  misconduct  in  office  upon  affirmative  vote  on  roll  call  of 
at  least  ten  aldermen.  A  vacancy  occasioned  by  removal  under 
this  section  shall  be  filled  in  the  manner  provided  in  section  10 
of  this  charter. 

14.  Ordinances.  Municipal  legislation  shall  be  by  ordi- 
nance. Each  ordinance  shall  be  identified  by  a  number  and  a 
short  title.  The  enacting  clause  of  each  ordinance  shall  be 
"The  City  of  Concord  ordains,"  and  the  effective  date  of  each 
ordinance  shall  be  specified  in  it.  All  ordinances  shall  be 
recorded  at  length  uniformly  and  permanently  by  the  city 
clerk,  and  each  ordinance  so  recorded  shall  be  authenticated  by 
the  signature  of  the  mayor  and  the  city  clerk.  Ordinances 
shall  be  published,  compiled  and  revised  in  such  manner  and 
at  such  times  as  the  board  of  aldermen  sliall  determine. 

15.  General  Powers.  Except  as  herein  otherwise  provided, 
the  board  of  aldermen  hereby  established  shall  have  all  the 
powers  and  discharge  all  the  duties  conferred  or  imposed  upon 
city  councils  in  convention,  city  councils  voting  concurrently, 
or    boards    of    mayor    and    aldermen    acting    separately,    by 


1949]  Chapter  419  613 

chapters  62  to  66  inclusive,  of  the  Revised  Laws  or  other 
general  law  now  in  force  or  hereinafter  enacted,  or  upon  the 
existing  city  councils  of  board  of  mayor  and  aldermen  of  the 
city  of  Concord  by  special  laws  not  hereby  repealed.  The 
board  of  aldermen  shall  have  the  powers  of  selectmen  of  towns 
so  far  as  consistent  with  this  charter.  All  provisions  of  such 
laws  pertaining  to  the  powers  or  duties  of  any  or  all  such 
bodies  shall  be  construed  to  apply  to  the  board  of  aldermen 
hereby  established  unless  a  contrary  intent  or  provision  herein 
appears,  it  being  the  purpose  of  this  act  to  confer  upon  said 
board  all  functions  of  either  or  both  branches  of  the  existing 
board  of  aldermen,  whether  legislative,  executive  or  judicial. 

Adminiatrative  Service 

16.  General  Powers  and  Duties  of  the  Mayor.  The  mayor 
shall  be  the  chief  administrative  officer  and  the  head  of  the 
administrative  branch  of  the  city  government.  He  shall 
supervise  the  administrative  affairs  of  the  city  and  shall  carry 
out  the  policies  enacted  by  the  board  of  aldermen.  He  shall 
enforce  the  ordinances  of  the  city,  this  charter,  and  all  general 
laws  applicable  to  the  city.  He  shall  keep  the  board  of  alder- 
men informed  of  the  condition  and  needs  of  the  city  and  shall 
make  such  reports  and  recommendations  as  he  may  deem 
advisable,  and  perform  such  other  duties  as  may  be  prescribed 
by  this  charter  or  required  of  him  by  ordinance  or  resolution 
of  the  board  of  aldermen,  not  inconsistent  with  this  charter. 
He  shall  have  and  perform  such  other  powers  and  duties  not 
inconsistent  with  the  provisions  of  this  charter  as  now  are  or 
hereafter  may  be  conferred  or  imposed  upon  him  by  municipal 
ordinance  or  upon  mayors  of  cities  by  general  law. 

17.  Appointive  Power  of  Mayor.  The  mayor  shall  have  the 
power  to  appoint  and  remove  all  officers  and  employees  in  the 
administrative  services  of  the  city,  subject  to  the  provisions  of 
this  charter,  and  he  may  authorize  and  empower  the  head  of  a 
department  or  officer  responsible  to  him  to  appoint  and  remove 
subordinates  in  such  department  or  office.  All  such  appoint- 
ments shall  be  without  definite  term  unless  made  for  a  pro- 
visional, temporary  or  emergency  service  not  to  exceed  the 
maximum  limits  which  may  be  prescribed  by  the  merit  plan. 

18.  Non-interference  by  the  Board  of  Aldermen.  It  is  the 
intention  of  this  charter  that  the  board  of  aldermen  shall  act 


614  Chapter  419  [1949 

in  all  matters  as  a  body,  and  it  is  contrary  to  the  spirit  of  this 
charter  for  any  of  its  members  to  seek  individually  to  in- 
fluence the  official  acts  of  the  mayor,  or  any  other  officer,  or  to 
direct  or  request,  except  in  writing,  the  appointment  of  any 
person  to,  or  his  removal  from,  office;  or  to  interfere  in  any 
way  with  the  performance  by  such  officers  of  their  duties.  The 
board  of  aldermen  and  its  members  shall  deal  with  the  adminis- 
trative service  solely  through  the  mayor  and  shall  not  give 
orders  to  any  subordinate  of  the  mayor  either  publicly  or 
privately,  but  they  may  make  suggestions  and  recommen- 
dations. Nothing  herein  contained  shall  prevent  the  board  of 
aldermen  from  appointing  committees  of  its  own  members  or 
of  citizens  to  conduct  investigations  into  the  conduct  of  any 
officer  or  department,  or  any  matter  relating  to  the  welfare  of 
the  municipality,  and  delegating  to  such  committees  such 
powers  of  inquiry  as  the  board  of  aldermen  may  deem  neces- 
sary. Any  alderman  violating  the  provisions  of  this  section 
shall  upon  conviction  thereof  in  a  court  of  competent  juris- 
diction forfeit  his  office. 

19.  Appointive  Officers.  The  mayor  shall  appoint  a  busi- 
ness administrator,  a  city  clerk,  a  treasurer,  three  assessors,  a 
fire  chief,  a  health  officer,  a  city  solicitor,  one  overseer  of  the 
poor  for  Wards  2-9  inclusive,  one  overseer  of  the  poor  for 
Ward  1,  and  such  other  officers  as  may  be  necessary  to 
administer  all  departments  which  the  board  of  aldermen  shall 
establish. 

The  business  administrator  shall  be  chosen  solely  on  the 
basis  of  his  executive  and  administrative  qualifications  with 
special  reference  to  his  actual  experience  in,  or  his  knowledge 
of,  accepted  practice  in  respect  to  the  duties  of  his  office  as 
hereinafter  set  forth.  At  the  time  of  his  appointment,  he  need 
not  be  a  resident  of  the  city  or  state,  but  during  his  tenure  of 
office  he  may  reside  outside  the  city  only  with  the  approval  of 
the  board  of  aldermen.  He  shall  have,  exercise  and  discharge 
the  functions,  powers  and  duties  of  the  department  of  admin- 
istration. The  department,  under  the  direction  and  super- 
vision of  the  mayor,  shall  assist  in  the  preparation  of  the 
budget,  administer  a  centralized  purchasing  and  contract 
system,  be  responsible  for  the  development  and  administration 
of  a  sound  personnel  system,  and  perform  such  other  duties  as 
the  board  of  aldermen  may  prescribe  by  ordinance. 


1949]  Chapter  419  615 

Each  assessor  shall  prior  to  his  appointment  have  demon- 
strated knowledge  of  property  appraisal  or  assessment  and  of 
the  laws  governing  the  assessment  and  collection  of  property 
taxes.  It  shall  be  the  duty  of  the  board  of  assessors  to  assess 
all  taxable  property  in  the  city  in  accordance  with  general  law 
and  such  administrative  regulations  as  may  be  promulgated 
pursuant  thereto,  to  maintain  a  standard  system  of  assess- 
ment records,  and  to  perform  such  other  duties  as  the  board  of 
aldermen  may  prescribe  by  ordinance. 

The  powers  and  duties  of  other  officers  and  heads  of  de- 
partments appointed  by  the  mayor  shall  be  those  prescribed 
by  state  law,  by  this  charter  or  by  ordinance, 

20.  Departments;  Administrative  Code.  The  city  shall 
have  a  department  of  administration  headed  by  the  business 
administrator,  and  such  other  departments,  divisions  and 
bureaus  as  the  board  of  aldermen  may  establish  by  ordi- 
nance. It  shall  be  the  duty  of  the  first  mayor  elected  under 
the  provisions  of  this  charter  to  draft  and  submit  to  the  board 
of  aldermen  within  six  months  after  assuming  office,  an  ordi- 
nance providing  for  the  division  of  the  administrative  service 
of  the  city  into  departments,  divisions  and  bureaus,  and  de- 
fining the  functions  and  duties  of  each.  Subsequent  to  the 
adoption  of  such  ordinance,  upon  recommendation  of  the 
mayor,  the  board  of  aldermen  by  ordinance  may  create,  con- 
solidate or  abolish  departments,  divisions  and  bureaus  of  the 
city  and  define  or  alter  their  functions  and  duties.  The  com- 
pilation of  such  ordinances  shall  be  known  as  the  "Administra- 
tive Code."  Each  officer  shall  have  supervision  and  control  of 
his  department  and  of  the  employees  therein  and  shall  have 
power  to  prescribe  rules  and  regulations,  not  inconsistent  with 
general  law,  this  charter,  the  administrative  code,  and  the 
provisions  of  the  merit  plan.  Prior  to  adoption  of  the  admin- 
istrative code  the  mayor  shall  have  the  power  to  establish 
temporary  rules  and  regulations  to  insure  economy  and 
efficiency  in  the  several  divisions  of  the  city  government. 

21.  Purchasing  Procedure.  The  administrative  code  shall 
establish  a  centralized  purchasing  and  contract  system,  in- 
cluding the  combination  of  purchasing  of  similar  articles  for 
different  departments,  and  purchasing  by  competitive  bids 
whenever  practical.  The  business  administrator  shall  be 
charged  with  the  administration  of  the  system  so  established. 


616  Chapter  419  [1949 

Finance 

22.  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city 
shall  begin  on  the  first  day  of  January  unless  another  date  shall 
be  fixed  by  ordinance. 

23.  Fiscal  Control.  The  administrative  code  shall  provide 
for  the  exercise  of  a  control  function,  in  the  management  of  the 
finances  of  the  city,  by  the  city  clerk.  The  control  function 
shall  include  provisions  for  an  incumbrance  system  of  budget 
operation,  for  expenditure  only  upon  written  requisition,  for 
the  pre-audit  of  all  claims  and  demands  against  the  city  prior 
to  payment,  and  for  the  control  of  all  pa^nnents  out  of  any 
public  funds  by  individual  warrants  for  each  payment  to  the 
official  having  custody  thereof. 

24.  Budget  Procedure.  The  municipal  budget  shall  be  pre- 
pared by  the  mayor  with  the  assistance  of  the  business 
administrator.  At  such  time  as  may  be  requested  by  the 
mayor  or  specified  by  the  administrative  code,  each  officer  or 
director  of  a  department  shall  submit  an  itemized  estimate  of 
the  expenditures  for  the  next  fiscal  year  for  the  department  or 
activities  under  his  control.  The  mayor  shall  submit  the  pro- 
posed budget  to  the  board  of  aldermen  at  least  one  month  be- 
fore the  start  of  the  fiscal  year  of  the  budget. 

25.  Budget  Hearing.  A  public  hearing  on  the  budget  shall 
be  held  before  its  adoption  by  the  board  of  aldermen,  at  such 
time  and  place  as  the  board  of  aldermen  shall  direct,  and  notice 
of  such  public  hearing  together  with  a  copy  of  the  budget  as 
submitted  shall  be  published  at  least  one  week  in  advance  of 
the  hearing  by  the  city  clerk. 

26.  Adoption  of  Budget.  The  board  of  aldermen  may  re- 
duce any  item  or  items  in  the  mayor's  budget  by  a  vote  of  a 
majority  of  the  board,  but  an  increase  in  or  addition  of  any 
item  or  items  therein  shall  become  eff"ective  only  upon  an 
affirmative  vote  of  two-thirds  of  the  members  of  the  board  of 
aldermen.  The  budget  shall  be  finally  adopted  not  later  than 
the  first  day  of  the  second  month  of  the  fiscal  year. 

27.  Transfer  of  Appropriations.  After  tlie  budget  has 
been  adopted,  no  money  shall  be  drawn  from  the  treasury  of 
the  city,  nor  shall  any  obligation  for  the  expenditure  of  money 
be  incurred,  except  pursuant  to  a  budget  appropriation  unless 
there  shall  be  a  specific  appropriation  therefor  specifying  the 
source  from  which  tlie  funds  sliall  come.     Except  as  otherwise 


1949]  Chapter  419  617 

provided  in  this  charter  the  board  of  aldermen  may  transfer 
any  unencumbered  appropriation  balance  or  any  portion  there- 
of from  one  department,  fund,  or  agency,  to  another. 

28.  Depository.  The  board  of  aldermen  shall  designate  the 
depository  or  depositories  for  city  funds,  and  shall  provide  for 
the  daily  deposit  of  all  city  moneys.  The  board  of  aldermen 
may  provide  for  such  security  for  city  deposits  as  it  may  deem 
necessary,  except  that  personal  surety  bonds  shall  not  be 
deemed  proper  security. 

29.  Independent  Audit.  An  independent  audit  shall  be 
made  of  all  accounts  of  the  city  government  at  least  annually 
and  more  frequently  if  deemed  necessary  by  the  board  of 
aldermen.  Such  audit  shall  be  made  by  qualified  public 
accountants  experienced  in  municipal  accounting  and  appointed 
by  the  board  of  aldermen.  An  abstract  of  the  results  of  such 
audit  shall  be  made  public.  An  annual  report  of  the  city's 
business  shall  be  made  available  in  such  form  as  will  disclose 
pertinent  facts  concerning  the  activities  and  finances  of  the 
city  government. 

30.  Official  Bonds.  Any  city  officer  elected  or  appointed  by 
authority  of  this  charter  may  be  required  by  the  board  of 
aldermen  to  give  a  bond  to  be  approved  by  the  city  solicitor 
for  the  faithful  performance  of  the  duties  of  his  office,  but  all 
officers  receiving  or  disbursing  city  funds  shall  be  so  bonded. 
All  official  bonds  shall  be  corporate  surety  bonds,  and  the 
premiums  thereon  shall  be  paid  by  the  city.  Such  bonds  shall 
be  filed  with  the  city  clerk. 

Personnel  Administration 

31.  Merit  Plan.  Appointments  and  promotions  to  all 
positions  in  the  service  of  the  city  shall  be  made  solely  on  the 
basis  of  merit  and  only  after  examination  of  the  applicants' 
fitness.  The  first  business  administrator  appointed  under  the 
provisions  of  this  charter  shall,  under  the  supervision  of  the 
mayor,  draft  and  submit  to  the  board  of  aldermen  within  six 
months  after  assuming  office  an  ordinance  providing  for  the 
establishment  of  a  merit  system  of  personnel  administration. 
Such  ordinance  shall  include  provisions  with  regard  to  classi- 
fication, compensation,  selection,  training,  promotion,  dis- 
cipline, vacations,  retirement  and  any  other  matters  necessary 
to  the  maintenance  of  efficient  service  and  the  improvement 
of  working  conditions.     Officials  elected  by  the  people  shall  be 


618  Chapter  419  [1949 

exempt  from  the  provisions  of  such  ordinance.  With  reason- 
able dispatch  thereafter  the  board  of  aldermen  shall  enact, 
amend  or  revise  the  ordinance  so  submitted,  but  in  any  event 
the  board  of  aldermen  shall  enact  a  merit  plan  which  embodies 
the  provisions  herein  required.  It  shall  be  the  duty  of  the 
business  administrator  to  administer  the  merit  plan  so  en- 
acted. He  may  submit  revisions  of  the  merit  plan  to  the  board 
of  aldermen  from  time  to  time  as  changes  in  conditions  and 
circumstances  in  the  city  service  justify. 

32.  Personnel  Advisoiy  Board.  There  is  hereby  established 
a  personnel  advisory  board  of  three  citizens  holding  no  other 
public  office  and  appointed  by  the  mayor,  subject  to  the 
approval  of  a  majority  of  the  board  of  aldermen.  The  term  of 
each  member  shall  be  for  three  years  and  until  his  successor  is 
appointed  and  qualified.  However,  in  the  case  of  first  appoint- 
ments, one  member  shall  be  appointed  for  one  year,  one  for 
two  years,  and  one  for  three  years.  Vacancies  shall  be  filled 
for  the  remainder  of  any  term  in  the  same  manner  as  the 
original  appointment.  It  shall  be  the  duty  of  the  personnel 
advisory  board  to  study  the  broad  problems  of  personnel  policy 
and  administration,  to  advise  the  board  of  aldermen  concerning 
the  personnel  policies  of  the  city  and  the  mayor  regarding  the 
administration  of  the  merit  plan,  and  to  hear  appeals  from  any 
employee  aggrieved  as  to  the  status  or  condition  of  his  employ- 
ment. The  board  shall  issue  written  reports  containing  find- 
ings of  fact  and  recommendations  to  the  mayor  upon  such 
appeals.  But  the  board  shall  have  no  power  to  reinstate  an 
employee  unless  it  finds,  after  investigation,  that  disciplinary 
action  was  taken  against  the  employee  for  religious,  racial  or 
political  reasons. 

33.  Retirements.  The  merit  plan  may  contain  provisions 
for  a  system  for  the  retirement  of  any  city  employee  who  shall 
have  attained  an  age  or  condition  of  health  which  warrants  re- 
tirement from  further  service.  Any  such  plan  shall  provide 
payments  to  retired  employees  only  as  additional  compensation 
for  services  rendered  after  the  inauguration  of  such  a  plan 
and  before  retirement. 

Special  Assessments 

34.  Board  of  Aldermen  Resolution.  The  board  of  aldermen 
shall  have  power  to  determine  that  the  whole  or  any  part  of 
the  expense  of  any  public  improvement  shall  be  defrayed  by 


1949]  Chapter  419  619 

special  assessments  upon  the  property  especially  benefited  and 
shall  so  declare  by  resolution.  Such  resolution  shall  state  the 
estimated  cost  of  the  improvement,  what  proportion  of  the 
cost  thereof  shall  be  paid  by  special  assessments,  and  what 
part,  if  any,  shall  be  a  general  obligation  of  the  city,  the 
number  of  installments  in  which  assessments  may  be  paid,  and 
shall  designate  the  districts  or  land  and  premises  upon  which 
special  assessments  shall  be  levied. 

35.  Procedure  Fixed  by  Ordinance.  The  board  of  alder- 
men shall  prescribe  by  general  ordinance  complete  special 
assessment  procedure  concerning  plans  and  specifications, 
estimate  of  costs,  notice  and  hearing,  the  making  of  the 
assessment  roll  and  correction  of  errors,  the  collection  of 
special  assessments,  and  any  other  matters  concerning  the 
making  of  improvements  by  the  special  assessment  method. 

Miscellaneous  Provisions 

36.  Oath  of  Office.  Every  person  elected  or  appointed  to 
any  city  office  before  entering  upon  the  duties  of  his  office 
shall  take  and  subscribe  to  an  oath  of  office  as  provided  by  law 
which  shall  be  filed  and  kept  in  the  office  of  the  city  clerk. 

37.  Notice  of  Election  or  Appointment.  Written  notice  of 
election  or  appointment  of  any  city  officer  shall  be  mailed  to 
him  at  his  address  by  the  city  clerk  within  forty-eight  hours 
after  the  appointment  is  made  or  the  vote  canvassed.  If 
within  ten  days  from  the  date  of  the  notice,  such  officer  shall 
not  take,  subscribe  to  and  file  with  the  city  clerk  on  oath  of 
office,  such  neglect  shall  be  deemed  a  refusal  to  serve  and  the 
office  shall  thereupon  be  deemed  vacant,  unless  the  board  of 
aldermen  shall  extend  the  time  in  which  such  officer  may 
qualify. 

38.  Vacancy  Defined.  In  addition  to  other  provisions  of 
this  charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office 
when  an  officer  dies,  resigns,  is  removed  from  office,  moves 
from  the  city,  is  convicted  of  a  felony  or  judicially  declared  to 
be  mentally  incompetent. 

39.  Official  Interest  in  Contracts.  No  officer  or  employee  of 
the  city  shall  take  part  in  a  transaction  or  decision  in  which  he 
has  a  financial  interest  aside  from  his  salary  as  such  officer  or 
employee,  direct  or  indirect,  greater  than  any  other  citizen  or 
taxpayer. 


620  Chapter  419  [1949 

40.  Private  Use  of  Public  Property.  No  officer  or  employee 
shall  devote  any  city  property  or  labor  to  private  use  except  as 
may  be  provided  by  law  or  ordinance. 

41.  Use  of  Streets  by  Public  Utilities.  Every  public  utility 
shall  pay  such  part  of  the  cost  of  improvement  or  maintenance 
of  streets,  alleys,  bridges  and  public  places  as  shall  arise  from 
its  use  thereof,  and  shall  protect  and  save  the  city  harmless 
from  all  damages  arising  from  said  use. 

42.  Liability  for  Discharge.  The  removal  in  accordance 
with  this  charter  with  or  without  cause  of  a  person  elected  or 
appointed  or  otherwise  chosen  for  a  fixed  term  shall  give  no 
right  of  action  for  breach  of  contract. 

43.  Notice  of  Claim.  No  action  at  law  or  bill  in  equity  for 
money  or  damages  claimed  due  shall  be  sustained  against  the 
city  unless  a  notice  setting  forth  the  nature  and  the  amount, 
if  any,  of  the  claim,  shall  have  been  delivered  or  sent  by 
registered  mail  to  the  office  of  the  city  clerk  not  less  than  sixty 
days  prior  to  the  commencement  of  said  action  at  law  or  bill  in 
equity. 

44.  Municipal  Court.  The  municipal  court  of  the  city  as  at 
present  constituted  is  hereby  continued. 

Saving  Clauses  and  Adoption  of  Charter 

45.  Saving  Clauses.  So  much  of  the  previous  charter  of 
the  city  and  of  laws  passed  in  amendment  or  supplement  there- 
of, as  is  now  in  force  relative  to  the  constitution  and  bounds 
of  its  several  wards,  to  its  school  districts  and  sewer,  lighting 
and  other  special  precincts  and  their  government  and  afi"airs, 
to  its  water  works,  municipal  court,  police  commission,  over- 
seers of  the  poor  and  to  the  borrowing  of  money  in  aid  of  its 
school  districts,  is  hereby  continued  in  force,  with  the  ex- 
ception of  such  provisions  as  are  inconsistent  with  this 
charter;  but  all  special  legislation  relative  to  the  government 
of  the  city,  not  herein  expressly  saved,  is  hereby  repealed.  All 
general  laws  relative  to  the  government  of  cities  shall  remain 
in  force  in  the  city  so  far  as  the  same  can  be  applied  con- 
sistently with  the  intents  and  purposes  of  this  charter,  but 
shall  be  deemed  superseded  as  to  this  city  so  far  as  inconsistent 
herewith.  Existing  ordinances  and  other  municipal  regulations 
shall  remain  in  force  so  far  as  the  same  can  be  applied  con- 
sistently with  the  intents  and  purposes  of  this  charter,  but  are 


1949]  Chapter  419  621 

hereby  annulled  so  far  as  inconsistent  herewith.  In  all  exist- 
ing- laws,  ordinances  and  regulations  hereby  saved,  references 
to  the  city  council,  board  of  public  works,  or  other  bodies  or 
officers  hereby  abolished  and  superseded,  or  to  bodies  or  officers 
whose  constitution  or  functions  are  hereby  altered,  shall  be 
taken  to  mean  the  body  or  officer  upon  whom  jurisdiction  of 
the  matter  in  question  is  conferred  by  this  charter. 

46.  Tenure  of  Office.  The  incumbents  when  this  charter 
takes  effect,  of  all  municipal  offices  except  those  of  mayor  and 
aldermen,  not  hereby  abolished  or  superseded  shall  continue  to 
hold  the  same  until  the  expiration  of  their  respective  terms 
where  a  term  of  years  exists,  or  until  such  offices  are 
abolished  or  superseded  by  lawful  ordinances. 

47.  Referendum.  This  act  shall  be  submitted  to  the 
registered  voters  of  the  city  of  Concord  at  the  forthcoming 
municipal  primary  election  to  be  held  on  October  11,  1949,  and 
shall  be  designated  as  "Plan  1,  Revised  Mayor-Aldermen  Plan." 
At  the  top  of  the  ballot  used  at  said  primary  there  shall  appear 
questions  in  bold-face  type  and  instructions,  as  hereinafter 
provided,  relative  to  the  adoption  of  said  plan  1  together  with 
plan  2  as  set  forth  in  "An  Act  providing  a  council-manager 
plan  charter  for  the  city  of  Concord."  The  primary  ballot 
shall  be  prepared  by  the  city  clerk  in  accordance  with  the  pro- 
visions of  this  section.  The  qualified  voters  shall  vote  primar- 
ily on  the  following  question,  namely:  Shall  the  present 
charter  of  the  city  of  Concord  be  repealed?  And  secondarily 
on  the  following  question,  namely:  If  the  present  charter  of 
the  city  of  Concord  is  repealed,  shall  the  new  charter  be  Plan  1, 
Revised  Mayor-Aldermen  Plan  or  Plan  2,  Council-Manager 
Plan?  If  a  majority  of  those  voting  on  the  primary  question 
cast  ballots  in  favor  of  a  repeal  of  the  present  charter,  the 
plan  receiving  the  larger  number  of  votes  on  the  secondary 
question  shall  be  adopted  as  the  charter  of  the  city,  but  should 
there  be  a  tie  vote  on  the  secondary  question,  the  present 
charter  shall  remain  in  force.  If  a  majority  of  those  voting 
on  the  primary  question  cast  ballots  opposing  repeal  of  the 
present  charter,  it  shall  remain  in  force,  and  the  balloting  on 
the  secondary  question  shall  be  disregarded.  A  voter  may 
vote  on  the  secondary  question  who  has  voted  in  the  negative 
on  the  primary  question,  but  if  on  any  ballot  the  voter  shall 
vote  for  both  Plan  1  and  Plan  2,  so  much  of  said  ballot  as  refers 


622  Chapter  419  [1949 

to  the  secondary  question  shall  not  be  counted.     The  ballots 
shall  contain  questions  substantially  in  this  form : 

(All  voters  are  eligible  to  vote  on  both  questions) 

First  Question 

Shall  the  present  charter  of  the  city  of  Concord  be 
repealed  ? 

(Make  cross  (X)  opposite  and  to  the  right  of  either 
the  word  Yes  or  the  word  No,  as  you  prefer.) 

Yes  D 

No  n 

Second  Question 

(Make  a  cross  (X)  opposite  and  to  the  right  of  either 
Plan  1  or  Plan  2,  as  you  prefer,  but  do  not  vote  for 
both.) 
If  the  present  charter  of  the  city  is  repealed,  I  want 
the  new  charter  to  be  as  follows : 

Plan  1 — Revised  Mayor-Aldermen  Plan  Q 

Plan  2 — Council-Manager  Plan  □ 

The  ballots  shall  be  cast,  counted  and  canvassed  as  pro- 
vided in  the  election  ordinances  and  laws  of  the  city  of  Concord 
and  state,  respectively.  The  mayor  and  board  of  aldermen,  at 
a  special  meeting  to  be  held  on  the  Monday  following  the 
primary,  shall  canvass  the  returns  and  declare  the  results, 
which  shall  be  duly  recorded  by  the  city  clerk. 

48.  Separability.  If  any  portion  of  this  charter,  or  the 
application  thereof  to  any  person  or  circumstance,  shall  be  held 
invalid,  the  remainder  thereof  or  the  application  of  such  in- 
valid portion  to  other  persons  or  circumstances  shall  not  be 
affected  thereby. 

49.  Takes  Effect.  Section  47  of  this  act  shall  take  effect 
upon  its  passage,  and  if  adopted  at  the  election  provided  for  in 
said  section,  the  remainder  of  this  act  shall  take  effect  as 
follows:  So  much  as  relates  to  the  preliminaries  for  and  the 
holding  and  conduct  of  the  first  municipal  election  shall  take 
effect  immediately  upon  such  adoption.  For  all  other  purposes 
this  charter  shall  take  effect  on  the  second  Monday  of  January, 
1950. 

[Approved  June  15,  1949.] 


1949]  Chapter  420  623 

CHAPTER  420. 

AN  ACT  IN  AMENDMENT  OF  THE  LAWS  RELATIVE  TO  THE  UNION 
SCHOOL  DISTRICT  IN  CONCORD. 

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

1.  Name  of  District.  The  name  of  the  Union  School  Dis- 
trict in  Concord,  New  Hampshire,  as  now  geographically  con- 
stituted shall  be  "Concord  Union  School  District." 

2.  Preparation  of  Budget.  It  shall  be  the  duty  of  the  board 
of  education  of  Concord  Union  School  District  annually  to  pre- 
pare a  budget  covering  operating,  capital  and  other  expendi- 
tures and  expected  receipts  for  the  ensuing  fiscal  year  accord- 
ing to  such  form  as  may  be  prescribed  by  the  state  tax  com- 
mission or  the  state  board  of  education  and  in  such  further 
detail  as  the  Concord  board  of  education  may  determine.  The 
budget  so  prepared  shall  be  published  once  in  a  newspaper  of 
general  circulation  in  Concord  Union  School  District,  and  the 
Concord  board  of  education  shall  hold  a  public  hearing  upon 
the  published  budget  not  less  than  seven  nor  more  than  four- 
teen days  after  such  publication.  Thereafter  the  Concord 
board  of  education  shall  finally  determine  the  budget  for  the 
ensuing  year  by  a  vote  of  not  less  than  a  majority  of  its 
members  and  shall  publish  the  final  budget  once  in  a  news- 
paper of  general  circulation  in  Concord  Union  School  District 
not  less  than  seven  days  prior  to  the  annual  meeting. 

3.  Limitation;  Annual  Meetings.  So  long  as  the  provisions- 
of  this  chapter  remain  in  force,  the  total  amount  appropriated 
at  any  annual  meeting  of  Concord  Union  School  District  shall 
not  exceed  or  diminish  by  more  than  ten  per  cent  the  total 
amount  specified  in  the  final  budget  as  adopted  by  the  Concord 
board  of  education  after  public  hearing  and  no  appropriation 
shall  be  made  for  any  purpose  not  included  in  said  budget ;  pro- 
vided however,  the  Concord  board  of  education  may  submit 
without  approval,  in  addition  to  the  items  included  in  the  final 
budget,  items  which  it  does  not  wish  to  recommend  but  which 
it  believes  the  voters  should  be  allowed  to  consider  and  act 
upon,  either  favorably  or  unfavorably.  In  the  event  that  any 
part  of  an  appropriation  included  in  the  final  budget  is  to  be 
secured  by  borrowing,  only  the  amount  to  be  raised  currently 
by  taxation  shall  be  included  as  controlling  the  ten  per  cent  in- 


624  Chapter  420  [1949 

crease  hereby  allowed  above  the  total  amount  specified,  in  the 
final  budget  for  the  meeting. 

4.  Special  Meetings.  In  case  a  special  meeting  of  Concord 
Union  School  District  shall  be  called,  the  Concord  board  of 
education  shall  consider  any  proposals  looking  toward  the 
appropriation  of  money  and  shall  make  a  written  report  of 
their  recommendations  thereon  which  shall  be  read  by  the 
moderator  in  open  meeting  prior  to  consideration  of  the  pro- 
posals. 

5.  Limitation ;  Special  Meetings.  So  long  as  the  provisions 
of  this  chapter  shall  remain  in  force,  no  appropriation  shall 
be  made  at  any  special  meeting  for  any  purpose  not  approved 
by  the  Concord  board  of  education  and  no  increase  or  de- 
crease of  more  than  ten  per  cent  above  or  below  the  amount 
recommended  by  the  Concord  board  of  education  shall  be  made. 

6.  Exceeding  Appropriations.  The  Concord  board  of  edu- 
cation shall  not  pay  or  agree  to  pay  any  money  or  incur  any 
liability  involving  the  expenditure  of  money  for  any  purpose 
for  which  an  appropriation  has  not  been  made  or  in  excess  of 
the  amounts  set  forth  in  the  budget  except  (a)  for  the  pur- 
pose of  paying  judgments  against  the  Concord  Union  School 
District,  (b)  to  meet  a  sudden  and  unexpected  emergency 
which  is  certified  and  approved  as  to  character  and  amount  by 
the  mayor  and  board  of  aldermen  of  Concord  after  public  hear- 
ing, or  (c)  in  the  event  that  the  anticipated  receipts  or  the 
anticipated  fiscal  year-end  balance  as  set  forth  in  the  budget 
are  not  realized  in  whole  or  in  part,  the  Concord  board  of  edu- 
cation may  exceed  the  total  of  the  appropriations  by  the 
amount  of  the  deficicency. 

7.  Transfer  of  Appropriations.  In  any  fiscal  year,  if  it 
shall  appear  that  it  is  unnecessary  to  use  the  full  amount  of 
any  appropriation  for  the  purpose  or  purposes  specified  in  the 
appropriation,  the  Concord  board  of  education  may  transfer 
funds  from  one  appropriation  to  another  provided  (a)  the  total 
amount  expended  for  all  purposes  does  not  exceed  the  total 
amount  appropriated  and  (b)  that  no  funds  shall  be  trans- 
ferred from  funds  appropriated  for  specified  capital  purposes. 

8.  Penalty.  Any  person  or  persons  violating  tlie  provisions 
of  sections  6  or  7  shall  be  subject  to  removal  from  office  on 
proper    petition    brought    before    the    superior    court.     Such 


1949]  Chapter  421  625 

petition  shall  take  precedence  of  other  actions  pending  in  said 
court  and  shall  be  heard  as  speedily  as  possible. 

9.  Name.  The  provisions  of  sections  2  through  10  of  this 
act  shall  be  called  "Concord  Union  School  District  Budget 
Act." 

10.  Repeal.  Section  8  of  chapter  230  of  the  Laws  of  1927 
relative  to  financial  budget  is  hereby  repealed. 

11.  Takes  Effect.  This  act  shall  take  effect  at  such  time 
as  its  provisions  have  been  adopted  at  an  annual  or  special 
meeting  of  Concord  Union  School  District  by  a  majority  vote 
of  those  present  and  voting,  the  warrant  for  which  contains  an 
article  "To  see  if  the  Concord  Union  School  District  will  vote 
to  adopt  the  provisions  of  the  Concord  Union  School  District 
Budget  Act"  and  shall  stay  in  effect  until  rescinded  by  a 
majority  vote  of  those  present  and  voting  at  an  annual  meet- 
ing duly  warned  for  such  vote. 

[Approved  June  16,  1949.] 


CHAPTER  421. 

AN  ACT  TO  REVISE  THE  CHARTER  OF  THE  CITY  OF  FRANKLIN. 

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

I.     City  EstabUshed 

1.  City  of  Franklin.  The  city  of  Franklin  in  the  county  of 
Merrimack  shall  continue  to  be  a  body  corporate  and  politic 
under  the  name  of  the  city  of  Franklin,  with  boundary  as 
heretofore  constituted. 

2.  Wards.  Said  city  of  Franklin  is  hereby  divided  into 
three  wards,  which  shall  be  constituted  as  follows,  namely : 

Ward  1  shall  include  all  that  part  of  said  Franklin  located 
west  of  the  Merrimack  and  Pemigewasset  rivers. 

Ward  2  shall  include  all  that  part  of  said  Franklin  bounded 
and  described  as  follov/s:  Westerly  by  said  Merrimack  and 
Pemigewasset  rivers ;  southerly  by  that  part  of  Northfield  town 
line  lying  between  said  Merrimack  river  and  the  Gerrish  road, 
so-called;  easterly  by  said  Gerrish  road  from  said  Northfield 
line  to  its  intersection  with  View  street,  thence  by  View  street 


626  Chapter  421  [1949 

to  its  intersection  with  Winnipesaukee  street;  thence  by  said 
Winnipesaukee  street  to  the  Frankhn  and  Tilton  Railroad; 
thence  by  said  railroad  to  Central  street;  then  by  Central 
street  to  Sanborn  road,  so-called;  thence  by  Sanborn  road,  so- 
called,  to  its  intersection  with  the  highway  leading'  to  Giles' 
mills;  thenee  by  said  last  named  highway  to  its  intersection 
with  another  highway  leading  to  said  Giles'  mills ;  thence  by  a 
due  west  line  from  the  intersection  of  said  highways  to  the 
Pemigewasset  river. 

Ward  3  shall  include  all  that  portion  of  said  Franklin  not 
embraced  in  wards  1  and  2  as  herein  constituted. 

3.  School  District.  Said  city  shall  constitute  one  school 
district.  The  general  management  and  control  of  the  public 
schools  and  of  the  buildings  and  property  pertaining  thereto, 
shall  be  vested  in  a  board  of  education  consisting  of  five  mem- 
bers who  shall  be  elected  at  a  special  meeting  to  be  called  by 
the  board  in  the  month  of  December  of  each  year.  They  shall 
hold  office  for  three  years  and  until  their  successors  are  elected 
and  qualified.  Their  term  of  office  shall  begin  on  the  first 
Monday  of  January.  Members  of  the  city  council  shall  be  in- 
eligible for  election  as  members  of  the  board  of  education.  The 
board  of  education  shall  present  to  the  city  council  its  annual 
budget  for  approval  not  later  than  forty-five  days  after  the  be- 
ginning of  the  fiscal  year.  Purchasing  for  the  school  other 
than  that  specifically  relating  to  education  shall  be  done  by  the 
city  manager.  At  the  first  board  of  education  election  follow- 
ing the  adoption  of  this  charter,  three  members  will  be  elected 
to  the  board  of  education.  The  candidate  receiving  the  largest 
number  of  votes  will  serve  for  three  years;  the  candidate  re- 
ceiving the  second  largest  number  of  votes  will  serve  for  two 
years;  and  the  candidate  receiving  the  third  largest  number 
of  votes  will  serve  for  one  year.  At  the  election  the  following 
year,  two  members  will  be  elected  for  three  year  terms.  In 
the  following  year,  two  members  will  be  elected  to  three  year 
terms.  In  the  following  year,  one  member  will  be  elected  for 
a  three  year  term.  Thereafter,  two  members  will  be  elected 
in  each  of  two  successive  years,  and  in  the  third  year  a  single 
member  will  be  elected. 

4.  Property.  All  property  of  said  city  of  Franklin  or  of 
the  school  district  of  said  city,  or  of  the  water  board  of  said 
city  shall  be  vested  in  said  city  and  all  debts  of  said  city,  said 


1949]  Chapter  421  627 

school  district  and  said  water  board  shall  be  considered  for  all 
purposes  as  the  debts  of  said  city. 

II.     Governing  Body 

5.  Term  and  Number  of  Members.     Except  as  otherwise 

provided  in  this  charter,  all  powers  of  this  city  shall  be  vested 
in  a  council  of  nine  councilmen,  two  of  whom  shall  be  elected 
from  each  ward,  and  three  of  whom  shall  be  elected  from  the 
city  at  large.  Councilmen  shall  serve  for  a  term  of  four  years. 
At  each  biennial  election  in  each  ward  there  shall  be  elected  one 
ward  councilman  and,  alternately,  one  and  two  councilmen-at- 
large.  The  council  shall  choose  one  of  its  members  mayor  for 
a  term  of  two  years.  The  council  shall  also  choose  one  of  its 
members  mayor  pro  tem  who  shall  act  in  the  absence  or  dis- 
ability of  the  mayor.  In  the  event  of  a  vacancy  occurring  in 
the  office  of  mayor,  the  council  shall  choose  one  of  its  members 
mayor  at  the  next  regular  meeting  to  serve  for  the  unexpired 
term.  The  mayor  shall  be  the  official  head  of  the  city  for  all 
ceremonial  purposes,  he  shall  preside  at  all  meetings  of  the 
council,  and  may  speak  and  vote  at  such  meetings.  All  other 
duties  of  the  mayor  prescribed  by  law  shall  be  exercised  by  the 
manager  as  provided  for  in  this  charter. 

In  the  first  city  election  following  the  adoption  of  this 
charter,  there  shall  be  chosen  nine  councilmen,  two  to  be 
elected  from  each  ward  and  three  to  be  elected  by  the  city  at 
large.  The  candidate  for  ward  councilman  from  each  ward 
receiving  the  largest  number  of  votes  shall  serve  for  four 
years.  The  candidate  for  ward  councilman  in  each  ward  re- 
ceiving the  second  largest  number  of  votes  shall  serve  for  two 
years.  The  two  candidates  for  councilman-at-large  receiv- 
ing the  first  and  second  largest  number  of  votes  shall  serve 
for  four  years.  The  candidate  for  councilman-at-large  re- 
ceiving the  third  largest  number  of  votes  shall  serve  for  two 
years. 

6.  Qualffications.  No  person  shall  be  a  candidate  for 
election  as  councilman  who  is  not  a  duly  qualified  voter  in  the 
city  and  who  has  not  been  a  resident  of  the  city  for  at  least 
two  years  immediately  preceding  the  election  in  which  he  is  a 
candidate.  No  councilman  shall,  during  his  term  as  council- 
man, be  eligible  to  hold  any  other  municipal  office  except  that 
of  mayor  or  mayor  pro  tem. 


628  Chapter  421  [1949 

7.  Vacancies.  Vacancies  occurring  in  the  office  of  council- 
man at  any  time  after  the  election  of  a  candidate  or  candidates 
thereto  shall  be  filled  not  later  than  the  second  regular  meet- 
ing following  the  creation  of  the  vacancy  by  the  appointment 
of  some  qualified  person  who  receives  the  votes  of  at  least  five 
members  of  the  council,  and  such  appointee  shall  serve  until 
the  next  regular  election  at  which  time  his  successor  shall  be 
elected  for  the  unexpired  term. 

8.  Compensation.  Councilmen  shall  receive  five  dollars  for 
each  council  meeting  attended,  not  to  exceed  the  aggregate  of 
seventy-five  dollars  per  year  in  full  for  their  services;  except 
that  any  expenses  incurred  while  on  city  business  shall  be  paid 
as  the  council  may  direct. 

9.  Meetings.  All  regular  and  special  meetings  of  the 
council  shall  be  public.  Regular  meetings  shall  be  held  at 
7 :30  p.  m.  on  the  first  Monday  of  each  month,  and  special  meet- 
ings shall  be  held  upon  notice  delivered  to  each  councilman  and 
to  the  manager  by  the  city  clerk  at  the  written  request  of  the 
mayor,  manager  or  at  least  five  councilmen.  Should  the  first 
Monday  of  the  month  fall  on  a  holiday,  the  meeting  may  be 
postponed  not  exceeding  one  week  by  vote  of  the  council  or 
by  order  of  the  mayor  or  city  clerk.  The  council  shall  establish 
its  own  rules  and  a  majority  shall  constitute  a  quorum  for  the 
transaction  of  the  business  of  the  council.  Newly  elected 
members  of  the  council  shall  assume  office  at  the  regular 
January  meeting  in  each  year. 

10.  Ordinances.  Municipal  legislation  shall  be  by  ordinance. 
Each  ordinance  shall  be  identified  by  a  number  and  a  short  title. 
The  enacting  clause  of  each  ordinance  shall  be :  "Be  it  ordained 
by  the  City  Council  of  the  City  of  Franklin  as  follows:"  and 
the  effective  date  of  each  ordinance  shall  be  specified  therein. 
All  ordinances  shall  be  recorded  in  full  uniformly  and  perma- 
nently by  the  city  clerk  and  each  ordinance  so  recorded  shall 
be  authenticated  by  the  signature  of  the  mayor  and  the  city 
clerk.  Ordinances  shall  be  published,  compiled  and  revised  in 
such  manner  and  at  such  times  as  the  council  shall  determine. 

11.  General  Powers.  The  city  council  created  by  this  act 
shall  have  all  of  the  powers  and  do  and  perform,  in  reference 
to  each  other  or  otherwise,  all  of  the  duties  which  mayors, 
boards  of  aldermen  and  common  councils  of  cities  and  select- 
men of  towns  are  by  law  authorized  or  required  to  do  and  per- 


1949]  Chapter  421  629 

form,  either  separately  or  otherwise,  except  insofar  as  such 
powers  or  duties  are  inconsistent  with  other  provisions  of  this 
charter  or  with  powers  or  duties  specifically  transferred  to  the 
manager,  and  all  provisions  of  statutes  pertaining  to  the  duties 
or  powers  of  aldermen  or  common  councils,  separately  or  other- 
wise, shall  be  construed  to  apply  to  said  city  council,  except 
insofar  as  a  contrary  intention  appears  in  this  act  or  insofar 
as  they  may  be  inconsistent  with  other  provisions  of  this 
charter  or  with  powers  or  duties  specifically  transferred  to  the 
manager.  All  committees  of  the  council  and  all  boards  shall 
be  deemed  advisory  and  policy-making  except  as  herein  other- 
wise provided.  No  councilman  shall,  by  contract  or  otherwise 
except  by  open  competitive  bid,  sell  or  buy  goods,  commodities 
or  services  to  or  from  the  city. 

III.     Elections 

12.  Qualifications  of  Voters.  Persons  who  would  be  quali- 
fied to  vote  in  a  state  biennial  election  if  held  on  the  day  of 
such  municipal  election  shall  be  qualified  voters  therein. 
Municipal  elections  hereunder  shall  be  deemed  elections  within 
the  meaning  of  all  general  statutes,  penal  and  otherwise,  and 
said  statutes  shall  apply  to  municipal  elections  so  far  as  they 
are  consistent  with  this  charter.  The  polls  shall  be  open  at 
each  municipal  election  from  seven  o'clock  in  the  forenoon  to 
six  o'clock  in  the  evening  in  each  ward. 

13.  Conduct  of  Elections.  Each  ward  shall  at  each  state 
biennial  election  choose  by  ballot  a  moderator,  a  clerk  and 
three  supervisors  of  check-lists,  who  shall  hold  office  for  two 
years  and  until  their  successors  are  elected  and  qualified.  Said 
supervisors  shall  perform  all  the  duties  required  by  law  of 
selectmen  of  wards  in  cities  and  of  supervisors  of  check-lists 
in  towns,  and  for  all  purposes  requiring  such  officers,  shall  be 
considered  selectmen  of  said  ward.  Said  supervisors  in 
regulating  and  posting  check-lists  shall  be  governed  by  the  law 
applying  to  cities.  The  biennial  meeting  of  each  ward  shall 
be  held  on  the  fourth  Tuesday  of  November  in  each  odd- 
numbered  year,  at  such  place  as  fixed  by  said  city  council. 

14.  Preparation  of  Ballots.  The  city  clerk  shall  prepare 
the  ballots  to  be  used  at  the  municipal  elections  in  form  as 
nearly  like  the  ones  used  in  state  biennial  elections  as  the  re- 
quirements of  this  charter  permit.  The  ballot  shall  contain 
the  names  in  alphabetical  order  without  party  designation  of 


630  Chapter  421  [1949 

all  who  file  with  the  city  clerk  as  candidates  for  the  office  of 
councilman  not  later  than  five  o'clock  in  the  afternoon  of  the 
thirtieth  day  before  the  election.  Each  candidate  shall  pay 
the  city  clerk  a  fee  of  three  dollars  except  one  on  whose  behalf 
a  petition  shall  have  been  filed  by  at  least  fifty  qualified  voters. 
No  name  shall  be  printed  on  the  ballot  by  reason  of  such  a 
petition  unless  consent  thereto  shall  be  endorsed  on  the 
petition  by  the  candidate  himself  not  later  than  ten  days  be- 
fore the  election,  provided,  however,  that  no  political  party 
caucuses,  primaries  or  conventions  shall  nominate  any  candi- 
date for  said  council.  Below  the  list  of  names  of  the  candi- 
dates there  shall  be  as  many  blank  spaces  as  there  are  council- 
men. to  be  elected.  The  city  clerk  shall  have  the  same  powers 
and  duties  with  reference  to  municipal  elections  as  has  the 
secretary  of  state  with  reference  to  general  biennial  elections 
so  far  as  such  powers  and  duties  are  not  inconsistent  herewith. 

15.  Canvass  of  Votes  and  Contested  Elections.  Within 
seven  days  after  a  municipal  election,  the  council  shall  can- 
vass the  votes  cast  and  the  candidates  receiving  the  highest 
number  of  votes  for  the  offices  to  be  filled  shall  be  declared 
elected.  Within  seven  days  thereafter  the  council  shall,  sub- 
ject to  such  rules  and  regulations  as  it  may  prescribe,  upon  re- 
quest of  any  candidate,  recount  the  ballots  cast  in  the  election 
and  hear  and  determine  any  contest  on  the  ground  of  fraud  or 
misconduct  therein,  subject  to  appeal  as  specified  in  the  Re- 
vised Laws  of  New  Hampshire,  chapter  41.  Tie  votes  for  any 
elective  office  shall  be  resolved  by  lot  in  the  manner  that  the 
council  may  determine.  In  cases  arising  under  this  section  the 
council  shall  have  the  power  to  subpoena  witnesses  and  compel 
the  production  of  all  pertinent  books,  records  and  papers. 

IV.     Administrative  Service 

16.  Manager.  The  chief  administrative  officer  of  the  city 
shall  be  called  the  manager.  The  council  shall  appoint  as 
manager  for  an  indefinite  term,  and  fix  the  salary  of,  a  qualified 
person  who  receives  the  votes  of  at  least  six  members  of  the 
council.  The  first  council  elected  under  this  charter  shall 
appoint  a  manager  within  three  months  after  the  eff'ective  date 
of  this  charter. 

17.  Qualifications.  The  manager  shall  be  chosen  solely  on 
the  basis  of  his  executive  and  administrative  qualifications,  but 


1949]  Chapter  421  631 

he  need  not  be  a  resident  of  the  city  or  the  state  at  the  time 
of  his  appointment.  No  person  who  has  within  three  years 
been  elected  by  popular  vote  to  any  office  in  the  city  of  Frank- 
lin shall  be  chosen  manager. 

18.  Removal.  The  manager  may  be  removed  by  a  majority 
vote  of  the  members  of  the  council  as  herein  provided.  At 
least  thirty  days  before  the  proposed  removal  of  the  manager, 
the  council  shall  adopt  a  resolution  stating  its  intention  to  re- 
move him  and  the  reason  therefor,  a  copy  of  which  resolution 
shall  be  served  forthwith  on  the  manager.  The  manager  may, 
within  ten  days,  demand  a  public  hearing  in  which  event  he 
shall  not  be  removed  until  such  public  hearing  has  been  held. 
Upon  or  after  passage  of  such  a  resolution  the  council  may 
suspend  him  from  duty,  but  his  pay  shall  continue  until  his 
removal. 

19.  Vacancy.  Should  a  suspension  or  vacancy  occur  in  the 
office  of  manager,  the  council  may  appoint  a  temporary  man- 
ager, not  necessarily  qualified  under  the  provisions  of  section 
17,  who  shall  serve  at  the  pleasure  of  the  council,  or  until  the 
suspension  is  withdrawn  or  a  permanent  manager  is  appointed. 
In  no  event  shall  a  temporary  manager  serve  for  a  period  in 
excess  of  four  months,  nor  shall  he  be  paid  a  salary  in  excess 
of  two  hundred  dollars  per  month. 

20.  General  Powers  and  Duties  of  Manager.  The  manager 
shall  supervise  the  administrative  affairs  of  the  city  and  all 
municipally  owned  utilities  and  projects  and  shall  carry  out 
the  pohcies  enacted  by  the  council.  He  shall  be  charged  with 
the  preservation  of  the  public  peace  and  health  and  the  safety 
of  persons  and  property,  and  shall  see  to  the  enforcement  of 
the  ordinances  of  the  city,  this  charter,  and  the  laws  of  the 
state.  He  shall  keep  the  council  informed  of  the  condition 
and  needs  of  the  city  and  shall  make  such  reports  and  recom- 
mendations as  he  may  deem  advisable,  and  perform  such  other 
duties  as  may  be  prescribed  by  this  charter,  or  required  of  him 
by  ordinance  or  resolution  of  the  council,  not  inconsistent  with 
this  charter.  He  shall  have  and  perform  such  other  powers 
and  duties  not  inconsistent  with  the  provisions  of  this  charter 
as  now  are  or  hereafter  may  be  conferred  or  imposed  upon  him 
by  municipal  ordinance  or  upon  mayors  of  cities  by  general 
law.  He  shall  have  the  right  to  attend  all  meetings  of  the 
council  and  committees  thereof  and  to  take  part  in  the  dis- 


632  Chapter  421  [1949 

cussion  of  all  matters  coming  before  the  council,  except  when 
his  removal  or  suspension  is  being  discussed.  He  shall  not 
have  the  right  to  vote.  He  shall  attend  any  meeting  of  the 
council  or  committee  thereof  on  request. 

21.  Appointive  Power  of  Manager.  The  manager  shall 
have  the  power,  subject  to  the  provisions  of  this  charter,  and 
excepting  for  the  offices  of  tax  assessors  and  city  treasurer  who 
shall  be  appointed  by  the  city  council,  to  appoint  and  remove 
all  officers  and  employees  in  the  administrative  service  of  the 
city ;  but  the  manager  may  authorize  the  head  of  a  department 
or  office  responsible  to  him  to  appoint  and  remove  subordinates 
in  such  department  or  office.  All  such  appointments  shall  be 
without  definite  term  unless  for  provisional,  temporary  or 
emergency  service. 

22.  Non-interference  by  the  Council.  Neither  the  council 
nor  any  of  its  members  shall  direct  or  request  the  appointment 
of  any  person  to  office  or  employment,  or  his  removal  there- 
from, by  the  manager  or  any  of  the  administrative  officers. 
Neither  the  council  nor  any  member  thereof  shall  give  orders 
to  any  of  the  administrative  officers  either  publicly  or  privately. 
Any  violation  of  the  provisions  of  this  section  by  a  councilman 
shall  be  a  misdeameanor,  conviction  of  which  shall  constitute 
immediate  forfeiture  of  his  office. 

23.  Appointive  Officers.  There  shall  be  appointed  by  the 
manager  a  city  clerk,  police  chief,  fire  chief,  highway  commis- 
sioner and  such  other  officers  as  are  necessary  to  administer  all 
departments  which  the  council  shall  establish,  which  depart- 
ments shall  replace  all  existing  departments,  boards  and  com- 
missions. The  powers  and  duties  of  these  officers  and  heads 
of  departments  so  appointed  shall  be  those  prescribed  by  state 
law,  by  this  charter,  or  by  ordinance. 

24.  Purchasing-  Procedure.  The  manager  shall  be  the  sole 
purchasing  agent  and  shall  establish  purchasing  and  contract- 
ing procedure,  including  the  combination  of  purchasing  of 
similar  articles  by  different  departments,  and  purchasing  by 
competitive  bids  wherever  practicable,  except  as  otherwise 
provided  in  this  charter. 

V.     Finance 

25.  Fiscal  Year.  Tlie  fiscal  and  budget  year  of  the  city 
and  its  departments  shall  begin  on  the  sixteenth  day  of  De- 
cember unless  another  date  shall  be  fixed  by  ordinance. 


1949]  Chapter  421  633 

26.  Financial  Control.  The  manager  shall  maintain 
accounting  control  over  the  finances  of  the  city,  make  monthly 
financial  reports,  and  perform  such  other  duties  as  may  be 
required  by  the  council.  He  shall  examine  all  claims  against 
the  city  and  shall  pay  the  same  upon  the  approval  of  the  finance 
committee  of  the  council. 

27.  Budget  Procedure.  At  such  time  as  may  be  requested 
by  the  manager,  each  officer  or  director  of  a  department  shall 
submit  an  itemized  estimate  of  the  expenditures  for  the  next 
fiscal  year  for  the  departments  or  activities  under  his  control. 
The  manager  shall  submit  a  proposed  budget  to  the  council 
not  later  than  forty-five  days  after  the  start  of  the  fiscal  year 
of  the  budget. 

28.  Budget  Hearing.  A  public  hearing  on  the  budget  shall 
be  held  before  its  final  adoption  by  the  council,  at  such  time 
and  place  as  the  council  shall  direct,  and  notice  of  such  public 
hearing  together  with  a  copy  of  the  budget  as  submitted  shall 
be  published  at  least  one  week  in  advance  by  the  city  clerk. 

29.  Date  of  Final  Adoption.  The  budget  shall  be  finally 
adopted  not  later  than  the  first  meeting  of  the  third  month  of 
the  fiscal  year.  Should  the  council  take  no  final  action  at  or 
prior  to  such  meeting,  the  budget,  as  submitted,  shall  be 
deemed  to  have  been  finally  adopted  by  the  council. 

30.  Appropriations  After  Budget  is  Adopted.  No  appro- 
priation shall  be  made  for  any  purpose  not  included  in  the 
annual  budget  as  adopted  unless  voted  by  a  two-thirds  majority 
of  the  council  after  a  public  hearing  held  to  discuss  said  appro- 
priation. The  council  shall  by  resolution  designate  the  source 
of  any  money  so  appropriated. 

31.  Budget  Control.  At  the  beginning  of  each  quarterly 
period  during  the  fiscal  year,  and  more  often  if  required  by  the 
council,  the  manager  shall  submit  to  the  council  data  showing 
the  relation  between  the  estimated  and  actual  income  and  ex- 
penses to  date  together  with  the  outstanding  indebtedness  and 
estimated  future  expenditures,  and  if  it  shall  appear  that  the 
income  is  less  than  anticipated,  the  council  or  manager  may 
reduce  the  appropriation  for  any  item  or  items,  except  amounts 
required  for  the  debt  and  interest  charges,  to  such  a  degree  as 
may  be  necessary  to  keep  expenditures  within  the  actual  in- 
come.    The  manager  may  provide  for  monthly  or  quarterly 


634  Chapter  421  [1949 

allotments  of  appropriations  to  departments,  funds,  or  agencies 
under  such  rules  as  he  shall  prescribe. 

32.  Transfer  of  Appropriations.  After  the  budget  has 
been  adopted,  no  money  shall  be  drawn  from  the  treasury  of 
the  city,  nor  shall  any  obligation  for  the  expenditure  of  money 
be  incurred,  except  pursuant  to  a  budget  appropriation,  unless 
there  shall  be  a  specific  additional  appropriation  therefor.  The 
head  of  any  department,  with  the  approval  of  the  manager, 
may  transfer  any  unencumbered  balance  or  any  portion  there- 
of from  one  fund  or  agency  within  his  department  to  another 
fund  or  agency  within  his  department ;  the  manager,  with  the 
approval  of  the  council,  may  transfer  any  unencumbered  appro- 
priation balance  or  any  portion  thereof  from  one  department 
to  another. 

33.  Depository.  The  council  shall  designate  the  depository 
or  depositories  for  city  funds,  and  shall  provide  for  the  daily 
deposit  of  all  city  moneys.  The  council  may  provide  for  such 
security  for  city  deposits  as  it  may  deem  necessary,  except  that 
personal  surety  bonds  shall  not  be  deemed  proper  security. 

34.  Independent  Audit.  An  independent  audit  shall  be 
made  of  all  accounts  of  the  city  government  annually,  and 
more  frequently  if  deemed  necessary  by  the  council.  Such 
audit  shall  be  made  by  certified  public  accountants  experienced 
in  municipal  accounting  or  by  the  state  tax  commission  or  its 
representatives.  An  abstract  of  the  results  of  such  audit  shall 
be  made  public.  At  least  once  every  five  years  the  council 
shall  request  that  such  audit  be  made  by  the  New  Hampshire 
state  tax  commission  or  by  auditors  selected  by  said  commis- 
sion if  then  authorized  by  law  to  make  such  audit.  An  annual 
report  of  the  city's  business  shall  be  made  available  to  the 
public. 

35.  Official  Bonds.  Any  city  officer  elected  or  appointed  by 
authority  of  this  charter  may  be  required  by  the  manager  or 
the  council  to  give  a  bond  for  the  faithful  performance  of  the 
duties  of  his  oflfice,  but  the  manager  and  all  officers  receiving  or 
disbursing  city  funds  shall  be  so  bonded.  All  official  bonds 
shall  be  corporate  surety  bonds,  and  the  premiums  thereon 
shall  be  paid  by  the  city.  Such  bonds  shall  be  filed  with  the 
city  clerk. 

36.  Borrowing  Procedure.  Subject  to  the  applicable  pro- 
visions of  state  law  and  the  rules  and  regulations  provided  by 


1949]  Chapter  421  635 

ordinance,  the  council,  by  resolution,  may  authorize  the 
borrowing  of  money  for  any  purpose  within  the  scope  of  the 
powers  vested  in  the  city,  and  the  issuance  of  bonds  of  the  city 
or  other  evidence  of  indebtedness  therefor,  and  may  pledge  the 
full  faith,  credit,  and  resources  of  the  city  for  the  payment  of 
the  obligation  created  thereby.  Borrowing  for  a  term  ex- 
ceeding one  year  shall  be  authorized  by  the  council  only  after  a 
duly  advertised  public  hearing. 

VI.     Miscellaneous  Provisions 

37.  Oath  of  Office.  Every  person  elected  or  appointed  to 
any  city  office  before  entering  upon  the  duties  of  his  office  shall 
take  and  subscribe  to  an  oath  of  office  as  provided  by  law  which 
shall  be  filed  and  kept  in  the  office  of  the  city  clerk. 

38.  Notice  of  Election  or  Appointment.  Written  notice  of 
election  or  appointment  of  any  city  officer  shall  be  mailed  to 
him  at  his  address  by  the  city  clerk  within  forty-eight  hours 
after  the  appointment  is  made  or  the  vote  canvassed.  If, 
within  ten  days  from  the  date  of  the  notice,  such  officer  shall 
not  take,  subscribe  to,  and  file  with  the  city  clerk  an  oath  of 
office,  such  neglect  shall  be  deemed  a  refusal  to  serve  and  the 
office  shall  thereupon  be  deemed  vacant,  unless  the  council  shall 
extend  the  time  in  which  such  officer  may  qualify. 

39.  Vacancy  Defined.  In  addition  to  other  provisions  of 
this  charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office 
when  an  officer  dies,  resigns,  is  removed  from  office,  is  con- 
victed of  a  felony,  is  physically  incapacitated,  or  is  judicially 
declared  to  be  mentally  incompetent. 

40.  Official  Interest  in  Contracts.  No  elective  or  appointive 
officer  or  employee  of  the  city  shall  take  part  in  a  decision  con- 
cerning the  business  of  the  city  in  which  he  has  a  financial  in- 
terest aside  from  his  salary  as  such  officer  or  employee,  direct 
or  indirect,  greater  than  any  other  citizen  or  taxpayer. 

41.  Private  Use  of  Public  Property.  No  officer  or  employee 
shall  devote  any  city  property  or  labor  to  private  use  except 
as  may  be  provided  by  law  or  ordinance. 

42.  Use  of  Streets  as  Public  Utilities.  Every  public  utility 
shall  pay  such  part  of  the  cost  of  improvement  or  maintenance 
of  streets,  alleys,  bridges,  and  public  places  as  shall  arise  from 
its  use  thereof,  and  shall  protect  and  save  the  city  harmless 
from  all  damages  arising  from  said  use. 


636  Chapter  421  [1949 

43.  Liability  for  Discharge.  The  removal  in  accordance 
with  this  charter  with  or  without  cause  of  a  person  elected  or 
appointed  or  otherwise  chosen  for  a  fixed  term  shall  give  no 
right  of  action  for  breach  of  contract. 

44.  Notice  of  Claim.  No  action  at  law  or  bill  in  equity 
shall  be  sustained  against  the  city  unless  a  notice  setting  forth 
the  nature  and  amount,  if  any,  of  the  claim  shall  have  been 
delivered  or  sent  by  registered  mail  to  the  office  of  the  city 
clerk  not  less  than  sixty  days  prior  to  the  commencement  of 
said  action  at  law  or  bill  in  equity. 

45.  Municipal  Court.  The  municipal  court  of  the  city  as  at 
present  constituted  is  hereby  continued. 

46.  Violations.  All  violations  of  provisions  of  this  charter 
unless  otherwise  provided  are  hereby  declared  to  be  mis- 
demeanors and  all  such  violations  and  all  violations  of  city 
ordinances  for  which  no  other  punishment  is  provided,  shall 
be  punishable  by  a  fine  not  exceeding  five  hundred  dollars  or 
imprisonment  for  a  period  not  exceeding  ninety  days,  or  both, 
in  the  discretion  of  the  court. 

47.  Public  Records.     All  records  of  the  city  shall  be  public. 

VII.     Saving  Clauses  and  Adoption  of  Charter 

48.  Saving  Clause.  All  ordinances  and  by-laws  of  the  city 
of  Franklin  or  its  council  shall  continue  in  force  until  altered 
or  repealed  except  where  a  contrary  intent  herein  appears. 

49.  Tenure  of  Office.  The  incumbents  when  this  charter 
takes  effect,  who  are  not  elected  bj^  popular  vote,  of  all  muni- 
cipal offices  not  hereby  abolished  or  superseded  shall  continue 
to  hold  the  same  until  the  expiration  of  their  respective  terms 
where  a  term  of  years  exists,  or  until  such  oflices  are  abolished 
or  superseded  by  lawful  ordinances,  or  by  authority  vested  in 
the  manager  by  section  21  of  this  charter. 

50.  Referendum.  This  charter  shall  not  take  effect  unless 
it  is  adopted  by  a  majority  vote  at  a  special  election  to  be  held 
in  the  city  of  Franklin  on  the  last  Tuesday  of  October,  1949, 
or  at  a  subsequent  referendum  as  is  hereinafter  provided  for. 
On  the  ballot  then  used  the  following  question  shall  appear 
"Shall  the  provisions  of  an  act  entitled,  'An  act  to  revise  the 
charter  of  the  City  of  Franklin'  be  adopted?"  Beneath  this 
question  shall  be  printed  the  word  ''yes"  and  the  word  "no" 
with  a  square  immediately  opposite  each  said  word,  and  the 


1949]  Chapter  421  637 

voter  shall  indicate  his  choice  by  making  a  cross  in  the  appro- 
priate square.  The  election  relative  to  the  adoption  of  this 
charter  shall  be  conducted  in  every  way  in  the  same  manner  as 
the  election  of  candidates  for  mayor  and  councilmen  under  the 
present  charter.  If  a  majority  of  those  voting  on  this  question 
vote  in  the  affirmative  on  this  question,  this  act  shall  be  de- 
clared to  have  been  adopted.  If  this  act  should  not  be  adopted 
at  said  special  election  the  question  of  the  adoption  of  this  act 
may  again  be  voted  on  at  any  regular  municipal  election  during 
the  ten  years  immediately  following  the  passage  of  this  act  if 
at  least  three  per  cent  of  the  number  voting  at  the  last  pre- 
vious municipal  election,  all  qualified  voters  of  the  city,  shall 
sign  a  petition  requesting  such  vote,  said  petition  to  be  sub- 
mitted to  the  city  clerk  at  least  fourteen  days  prior  to  said 
election. 

51.  Recount.  The  ballots  used  at  the  special  election  held 
in  the  city  of  Franklin  in  1949,  or  at  any  regular  election  sub- 
sequent thereto,  relative  to  the  adoption  of  the  provisions  of 
this  act,  shall  be  sealed  up  and  preserved  by  the  city  clerk  for 
a  period  of  at  least  thirty  days  after  said  meeting.  Twenty- 
five  legal  voters  of  the  city  of  Franklin  may,  within  said 
thirty-day  period  but  not  afterwards,  petition  the  city  clerk  for 
a  recount  of  the  votes  cast  upon  said  question  of  the  adoption 
of  the  charter  provided  by  this  act.  The  city  clerk,  upon  re- 
ceipt of  said  petition,  shall  fix  a  time  for  such  recount  and  shall 
notify  the  petitioners  and  the  mayor  and  councilmen,  by  mail, 
of  the  time  and  place  so  fixed.  At  the  time  and  place  so 
appointed  in  said  notification  the  city  clerk  shall  produce  the 
ballots  and  the  mayor  and  councilmen  shall  count  the  same  and 
the  mayor  shall  make  declaration  of  the  results  thereof.  If 
the  result  of  such  recount  shall  be  difi'erent  than  the  results  as 
announced  by  the  moderators  at  the  original  counting  of  the 
ballots  the  city  clerk  shall  correct  the  records  in  his  office 
accordingly.  The  decision  of  the  mayor  and  councilmen  as  to 
the  result  of  the  balloting  on  said  question  shall  be  final. 

52.  Repeal  or  Amendment.  No  section  or  provision  of  this 
charter  shall  be  construed  as  repealed  or  amended  unless  the 
act  making  such  repeal  or  amendment  refers  specifically  to 
this  charter  and  to  the  sections  or  provisions  so  repealed  or 
amended. 


638  Chapter  422  [1949 

53.  Separability.  The  sections  of  this  charter  and  th^ 
parts  thereof  are  separable.  If  any  portion  of  this  charter,  or 
the  application  thereof  to  any  person  or  circumstance,  shall  be 
held  invalid,  the  remainder  thereof  or  the  application  of  such 
invalid  portions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby. 

54.  Repeal.  Such  parts  of  chapter  260  of  the  Laws  of  1895 
and  any  other  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed  to  the  extent  of  such  in- 
consistency. 

55.  Takes  Effect.  Section  50  of  this  act  shall  take  effect 
upon  its  passage,  and  if  adopted  at  the  special  election  or  a 
referendum  provided  for  in  said  section,  the  remainder  of  this 
act  shall  take  effect  as  follows:  So  much  as  relates  to  the 
preliminaries  for  and  the  holding  and  conduct  of  the  first 
municipal  election  shall  take  effect  immediately  upon  such 
adoption.  For  all  other  purposes  this  charter  shall  take  effect 
on  the  first  weekday  of  January  following  the  first  election 
under  this  charter. 

[Approved  June  16,  1949.] 


CHAPTER  422. 


AN    ACT    RELATIVE    TO    THE  SALARY    OF    THE    MAYOR    AND 

ESTABLISHING  A  DEPARTMENT  OF  PUBLIC  WORKS  IN 

THE   CITY  OF  ROCHESTER. 

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

1.  Salary.  The  mayor  of  the  city  of  Rochester  shall  re- 
ceive an  annual  salary  of  twelve  hundred  dollars  to  be  paid  him 
at  stated  periods  out  of  the  city  treasury  and  said  salary  shall 
be  in  full  for  services  of  any  kind  rendered  by  him  in  the  dis- 
charge of  all  the  duties  pertaining  to  his  office. 

2.  Application  of  Laws.  Such  part  of  section  14  of  chapter 
241  of  the  Laws  of  1891  as  amended  by  chapter  186,  Laws  of 
1897,  as  may  be  inconsistent  with  the  provisions  of  this  act, 
are  hereby  repealed  to  the  extent  of  such  inconsistency. 

3.  Department  of  Public  Works.  There  is  hereby  estab- 
lished and  constituted  a  department  of  public  works  for  the 


1949]  Chapter  423  639 

city  of  Rochester  which  shall  be  under  the  control  of  a  com- 
missioner of  public  works  appointed  by  the  city  council.  Said 
commissioner  of  public  works  shall  exercise  general  super- 
vision, control  and  direction,  within  said  city,  over  all  matters 
pertaining  to  construction,  maintenance  and  sprinkling  of  all 
highways,  public  parking  lots,  sidewalks  and  drains.  He  shall 
also  have  the  management,  care  and  preservation  of  the  parks, 
commons,  playgrounds  and  shade  trees  in  the  city.  He  shall 
also  have  general  management  of  the  department  of  water 
works  and  the  department  of  sewers  and  shall  perform  all 
duties  heretofore  imposed  upon  the  superintendent  of  water 
works  and  superintendent  of  sewers. 

4.  Offices  Abolished.  On  and  after  the  appointment  of  the 
commissioner  of  public  works  in  the  city  of  Rochester,  as  pro- 
vided in  section  3,  the  offices  of  street  commissioner  and  super- 
intendent of  water  works  and  sewers  shall  be  abolished. 

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

[Approved  June  16,  1949.] 


CHAPTER  423. 


AN  ACT  PROVIDING  FOR  A  DEPUTY  REGISTRAR  FOR  THE  CITY  OF 

MANCHESTER. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Cou7^t  convened: 

1.  Deputy  Registrar;  Appointment.  The  board  of  regis- 
trars of  the  city  of  Manchester  is  hereby  empowered  to  appoint 
from  time  to  time  as  a  deputy  an  employee  in  the  office  of  the 
board  of  registrars  who  may  execute  any  instrument  required 
by  law  to  be  signed  by  a  member  of  the  board  of  registrars 
and  in  the  absence  or  disability  of  a  member  of  the  board  of 
registrars  shall  perform  all  of  his  duties. 

2.  Oath.  Such  deputy  registrar  before  taking  office  shall 
be  sworn  to  the  faithful  discharge  of  his  duties. 

3.  Record  of  Appointment.  Whenever  a  deputy  registrar 
is  so  appointed  and  sworn  the  city  clerk  shall  execute  and  main- 
tain in  his  office  a  certificate  of  the  appointment  and  oath  of 
said  deputy  and  thereupon  shall  notify  the  board  of  mayor  and 


640  Chapter  424  [1949 

aldermen  thereof,  and  a  record  of  said  certificate  shall  be  en- 
tered in  the  journal  of  said  board. 

4.  Tenure  of  Office.     Such  deputy  registrar  shall  hold  office 
during  the  pleasure  of  the  board  of  registrars. 

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

[Approved  June  21,  1949.] 


CHAPTER  424. 


AN    ACT   RELATIVE    TO    THE    INCORPORATION    OF    GRANITE    LODGE 

No.  1056,  LOYAL  ORDER  OF  MOOSE  OF  BERLIN, 

NEW  HAMPSHIRE. 

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

1.  Change  of  Name.  Amend  section  1  of  chapter  290  of 
the  Laws  of  1915,  being  the  charter  of  Granite  Lodge  No.  1056, 
Loyal  Order  of  Moose  of  Berlin,  New  Hampshire,  approved 
March  24,  1915,  by  striking  out  the  word  "Granite"  and  sub- 
stituting therefor  the  word,  Berlin,  so  that  said  section  as 
amended  shall  read  as  follows:  Section  1.  That  Ovide  J. 
Coulombe,  Charles  E.  Clark,  Thomas  H.  Milligan,  C.  E.  Bushey, 
Alexander  Hamilton,  Eugene  Bean,  L.  H.  Wilkins,  and  R.  P. 
Griffith,  their  associate  members  of  said  lodge  and  their 
successors,  be  and  hereby  are  made  a  body  politic,  incorporate 
by  the  name  of  Berlin  Lodge  No.  1056,  Loyal  Order  of  Moose 
of  Berlin,  N.  H.,  for  charitable  and  benevolent  purposes,  and  by 
that  name  may  sue,  be  sued,  prosecute  and  defend  all  actions  to 
final  judgment  and  execution,  and  shall  be  and  hereby  are  made 
subject  to  all  liabilities  of  corporations  of  a  similar  nature. 

2.  Property  Holding.  Amend  section  3  of  said  chapter  290 
by  striking  out  the  words  "twenty-five  thousand"  and  sub- 
stituting therefor  the  words,  one  hundred  thousand,  so  that 
said  section  as  amended  shall  read  as  follows:  Sect.  3.  Said 
corporation  shall  have  power  to  hold  real  and  personal  estate 
by  purchase,  gift,  devise,  bequest,  or  otherwise  to  the  amount 
of  not  exceeding  one  hundred  thousand  dollars,  and  may  dis- 
pose of  the  same  at  pleasure. 


1949]  Chapter  425  641 

3.  First  Meeting-.  Amend  section  4  of  said  chapter  290  by 
striking  out  the  word  "dictator"  and  substiting  therefor  the 
word,  governor,  so  that  said  section  as  amended  shall  read  as 
follows :  Sect.  4.  The  governor  of  the  lodge  may  call  the  first 
meeting  of  this  corporation  at  such  time  and  place  and  in  such 
manner  as  he  may  think  proper,  at  which  time  the  necessary 
and  usual  officers  may  be  chosen. 

4.  Takes  Effect.  This  act  shall  take  effect  as  of  June  1, 
1949. 

[Approved  June  29,  1949.] 


CHAPTER  425. 

AN  ACT  TO  REVISE  THE  CHARTER  OF  THE  CITY  OF  KEENE. 

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

I.     City  Established 

1.  Incorporation.  The  inhabitants  of  the  city  of  Keene 
shall  continue  to  be  a  body  politic  and  corporate  under  the 
name  of  the  "City  of  Keene,"  and  as  such  to  enjoy  all  the 
rights,  immunities,  powers,  and  privileges  and  be  subject  to 
all  the  duties  and  liabilities  now  appertaining  to  or  incumbent 
upon  them  as  a  municipal  corporation.  All  existing  property 
of  the  city  shall  remain  vested  in  it,  and  all  its  existing  debts 
and  obligations  shall  remain  obligatory  upon  it,  under  this  re- 
vised charter. 

2.  Wards.  The  city  shall  continue  to  be  divided  into  five 
wards  as  at  present  constituted,  and  except  as  herein  otherwise 
provided  the  general  laws  relative  to  wards  of  cities,  ofiicers 
thereof,  and  voters,  check-lists,  elections,  and  jurors  therein 
shall  be  applicable  to  such  wards. 

II.     Elections 

3.  Conduct  of  Elections.  The  election  officers  in  each  ward 
whose  duty  it  is  to  conduct  regular  biennial  elections  shall  con- 
duct a  municipal  election  at  the  expense  of  the  city  in  the  same 
manner  as  a  regular  biennial  election  on  the  Tuesday  follow- 
ing the  first  Monday  in  November  of  the  odd  numbered  years, 
to  choose  councilmen  at  large;  in  the  first  election  under  this 


642  Chapter  425         ■  [1949 

charter  there  shall  be  chosen  nine  councilmen  at  large,  the  five 
with  the  largest  number  of  voters  to  serve  for  four-year  terms, 
and  the  four  with  the  next  largest  number  of  votes  to  serve 
for  two-year  terms ;  and  thereafter  at  such  municipal  elections 
there  shall  be  elected  councilmen  for  four-year  terms  to  re- 
place the  ones  whose  terms  expire  on  the  first  day  of  January 
following  such  election.  The  city  council  shall  fix  the  polling 
place,  or  places,  and  give  notice  thereof  when  the  check-list  for 
the  municipal  election  is  first  posted,  provided  that  the  first 
election  be  held  in  a  central  location. 

4.  Qualification  of  Voters.  Persons  who  would  be  qualified 
to  vote  in  a  biennial  election  if  held  on  the  day  of  such  muni- 
cipal election  shall  be  the  qualified  voters  therein.  Municipal 
elections  hereunder  shall  be  deemed  elections  within  the  mean- 
ing of  all  general  statutes,  penal  and  otherwise,  and  said 
statutes  shall  apply  to  municipal  elections  so  far  as  consistent 
with  this  charter.  The  polls  shall  be  open  at  each  municipal 
election  from  ten  o'clock  in  the  forenoon  to  seven  o'clock  in  the 
evening  in  each  ward, 

5.  Preparation  of  Ballots.  The  city  clerk  shall  prepare  the 
ballots  to  be  used  at  the  municipal  elections  in  form  as  nearly 
like  the  ones  used  in  biennial  elections  as  the  requirements  of 
this  charter  permit.  The  ballot  shall  contain  the  names  in 
alphabetical  order  without  party  designation  of  all  who  file  in 
writing  with  the  city  clerk  as  candidates  for  the  office  of 
councilman  not  later  than  five  o'clock  in  the  afternoon  of  the 
fifteenth  day  before  the  election.  Candidates  for  councilman 
shall  pay  the  city  clerk  a  fee  of  three  dollars  except  those  on 
whose  behalf  a  petition  shall  have  been  filed  by  at  least  fifty 
qualified  voters.  No  name  shall  be  printed  on  the  ballot  by 
reason  of  such  a  petition  unless  consent  thereto  shall  be  en- 
dorsed on  the  petition  or  otherwise  filed  in  writing  in  the  office 
of  the  city  clerk  by  the  candidate  liimself  not  later  than  ten 
days  before  the  election.  Below  the  list  of  names  of  the 
candidates  there  shall  be  as  many  blank  spaces  as  there  are 
councilmen  to  be  elected.  The  city  clerk  shall  have  the  same 
powers  and  duties  with  reference  to  municipal  elections  as  has 
the  secretary  of  state  with  reference  to  general  biennial 
elections  so  far  as  such  powers  and  duties  are  not  inconsistent 
herewith. 


1949]  Chapter  425  643 

6.  Contested  Elections.  Within  seven  days  after  a  muni- 
cipal election  the  council  shall  canvass  the  votes  cast  and  the 
candidates  receiving  the  highest  number  of  votes  for  the 
offices  to  be  filled  shall  be  declared  elected.  Within  seven  days 
thereafter  the  council  shall,  subject  to  such  rules  and 
regulations  as  it  may  prescribe,  upon  request  of  any  candidate, 
recount  the  ballots  cast  in  the  election  and  hear  and  de- 
termine any  contest  on  the  ground  of  fraud  or  misconduct 
therein.  Decisions  of  the  council  in  cases  of  contested 
elections  shall  be  final.  Tie  votes  for  any  elective  office  shall 
be  resolved  by  lot  in  the  manner  that  the  council  may  de- 
termine. In  cases  arising  under  this  section  the  council  shall 
have  the  power  to  subpoena  witnesses  and  compel  the  pro- 
duction of  all  pertinent  books,  records,  and  papers. 

III.     The  Governing  Body 

7.  Term  and  Number  of  Members.  Except  as  otherwise 
provided  in  this  charter,  all  the  povv^ers  of  the  city  shall  be 
vested  in  a  council  of  nine  councilmen  elected  at  large  for 
terms  of  four  years.  The  city  clerk  shall  act  as  clerk  of  the 
council. 

8.  Mayor.  The  council  shall,  at  its  first  regular  meeting 
following  each  election,  choose  one  of  its  members  mayor  for  a 
term  of  two  years.  The  council  shall  choose  one  of  its  mem- 
bers mayor  pro  tem,  who  shall  act  in  the  absence  or  disability 
of  the  mayor.  In  the  event  of  a  vacancy  occurring  in  the 
office  of  mayor,  the  council  shall  choose  one  of  its  members 
mayor  at  the  next  regular  meeting  to  serve  for  the  unexpired 
term.  The  mayor  shall  be  the  official  head  of  the  city  for  all 
ceremonial  purposes,  he  shall  preside  at  all  meetings  of  the 
council,  and  may  speak  and  vote  in  such  meetings.  All  other 
duties  of  the  mayor  prescribed  by  law  shall  be  exercised  by  the 
manager  provided  for  in  this  charter. 

9.  Qualifications.  No  person  shall  be  a  candidate  for 
election  as  councilman  who  is  not  a  duly  qualified  voter  in  the 
city  and  who  has  not  been  a  resident  of  the  city  for  at  least 
two  years  immediately  preceding  his  election.  No  councilman 
shall,  during  his  term,  be  eligible  to  hold  any  other  municipal 
office  except  mayor  or  mayor  pro  tem. 

10.  Vacancies.  Vacancies  occurring  in  the  office  of  council- 
man at  any  time  after  the  election  of  a  candidate  or  candidates 


644  Chapter  425  [1949 

thereto  shall  be  filled  by  the  appointment  of  some  qualified 
person  who  receives  the  votes  of  at  least  five  members  of  the 
council  by  the  second  regular  meeting  following  the  creation 
of  the  vacancy  to  serve  until  the  next  regular  election  at  which 
time  his  successor  shall  be  elected  for  the  unexpired  term. 

11.  Compensation.  Councilmen  shall  receive  ten  dollars  for 
each  regular  council  meeting  upon  attendance  not  to  exceed  in 
the  aggregate  two  hundred  dollars  per  year  in  full  for  their 
services. 

12.  Meetings.  All  meetings  of  the  council  shall  be  public. 
Regular  meetings  shall  be  held  on  such  day  of  each  month  at 
such  time  as  the  council  shall,  from  time  to  time,  by  ordinance 
or  resolution  direct,  and  special  meetings  upon  notice  delivered 
to  each  councilman  by  the  city  clerk  at  the  written  request  of 
the  manager  or  at  least  five  councilmen.  The  council  shall 
establish  its  own  rules  and  a  majority  shall  constitute  a 
quorum  for  the  transaction  of  the  business  of  the  council. 
Newly  elected  members  of  the  council  shall  assume  ofiice  at 
the  regular  January  meeting  in  each  even  numbered  year. 

13.  Ordinances.  Municipal  legislation  shall  be  by  ordi- 
nance. Each  ordinance  shall  be  identified  by  a  number  and  a 
short  title.  The  enacting  clause  of  each  ordinance  shall  be 
"The  City  of  Keene  ordains"  and  the  effective  date  of  each 
ordinance  shall  be  specified  in  it.  All  ordinances  shall  be 
recorded  in  full  uniformly  and  permanently  by  the  city  clerk 
and  each  ordinance  so  recorded  shall  be  authenticated  by  the 
signature  of  the  mayor  and  the  city  clerk.  Ordinances  shall 
be  published,  compiled,  and  revised  in  such  a  manner  and  at 
such  time  as  the  council  shall  determine. 

14.  General  Powers.  Except  as  herein  otherwise  provided, 
the  council  hereby  established  shall  have  all  the  powers  and 
discharge  all  the  duties  conferred  or  imposed  upon  city  councils 
in  convention,  city  councils  voting  concurrently  or  boards  of 
mayor  and  aldermen  acting  separately,  by  chapters  62  to  66  of 
the  Revised  Laws  or  other  general  laws  now  in  force  or  here- 
after enacted  or  upon  the  existing  city  councils  or  board  of 
mayor  and  aldermen  of  the  city  of  Keene  by  special  laws  not 
hereby  repealed.  The  council  shall  have  the  powers  of  select- 
men of  towns  so  far  as  consistent  with  this  charter.  All  pro- 
visions of  such  laws  pertaining  to  the  powers  or  duties  of  any 
or  all  such  bodies  shall  be  construed  to  apply  to  the  council 


1949]  Chapter  425  645 

hereby  established  unless  a  contrary  intent  or  provision  herein 
appears,  it  being  the  purpose  of  this  act  to  confer  upon  said 
council  all  functions  of  either  or  both  branches  of  the  existing 
city  councils,  except  such  as  are  specifically  transferred  to  the 
manager.  All  committees  of  the  council  and  all  boards  shall 
be  deemed  advisory  and  policy  making  only  except  as  herein 
otherwise  provided. 

IV.     Administrative  Service 

15.  Manager.  The  chief  administrative  officer  of  the  city 
shall  be  called  the  manager.  The  council  shall  appoint  as 
manager  for  an  indefinite  term,  and  fix  the  salary  of,  a  quali- 
fied person  who  receives  the  votes  of  at  least  six  members  of 
the  council. 

16.  Qualifications.  The  manager  shall  be  chosen  solely  on 
the  basis  of  his  executive  and  administrative  qualifications,  but 
he  need  not  be  a  resident  of  the  city  or  the  state  at  the  time  of 
his  appointment.  No  person  who  has  within  three  years  been 
elected  by  popular  vote  to  any  office  in  the  city  of  Keene  shall 
be  chosen  manager. 

17.  Removal.  The  manager  may  be  removed  by  a  vote  of 
at  least  six  members  of  the  council  as  herein  provided.  At 
least  thirty  days  before  the  proposed  removal  of  the  manager, 
the  council  shall  adopt  a  resolution  stating  its  intention  to  re- 
move him  and  the  reason  therefor,  copy  of  which  shall  be 
served  forthwith  on  the  manager,  who  may  within  ten  days  de- 
mand a  public  hearing,  which  must  be  called  by  the  council  to 
be  held  not  earlier  than  fourteen  nor  later  than  twenty  days 
from  the  date  of  such  demand.  Upon  or  after  passage  of  such 
a  resolution,  the  council  may  suspend  him  from  duty,  but  his 
pay  shall  continue  until  his  removal.  In  case  of  such  a 
suspension  the  council  may  appoint  an  acting  manager  to 
serve  at  the  pleasure  of  the  council  for  not  more  than  ninety 
days.  The  action  of  the  council  in  removing  the  manager  shall 
be  final. 

18.  Vacancy.  If  the  office  of  city  manager  shall  become 
vacant  for  any  cause,  the  city  council  may  appoint  an  acting 
manager  to  serve  at  the  pleasure  of  the  council  for  not  more 
than  ninety  days  and  shall  appoint  a  permanent  manager  in 
accordance  with  section  15  within  ninety-one  days  of  the  date 
of  vacancy. 


646  Chapter  425  [1949 

19.  General  Powers  and  Duties  of  Manager.  The  manager 
shall  supervise  the  administrative  affairs  of  the  city  and  shall 
carry  out  the  policies  enacted  by  the  council.  He  shall  be 
charged  with  the  preservation  of  the  public  peace  and  health 
and  the  safety  of  persons  and  property,  and  shall  see  to  the 
enforcement  of  the  ordinances  of  the  city,  this  charter,  and  the 
laws  of  the  state.  He  shall  keep  the  council  informed  of  the 
condition  and  needs  of  the  city  and  shall  make  such  reports 
and  recommendations  as  he  may  deem  advisable,  and  perform 
such  other  duties  as  may  be  prescribed  by  this  charter,  or  re- 
quired of  him  by  ordinance  or  resolution  of  the  council,  not  in- 
consistent with  this  charter.  He  shall  have  and  perform  such 
other  powers  and  duties  not  inconsistent  with  the  provisions 
of  this  charter  as  now  are  or  hereafter  may  be  conferred  or 
imposed  upon  him  by  municipal  ordinance  or  upon  mayors  of 
cities  by  general  law.  He  shall  have  the  right  to  take  part  in 
the  discussion  of  all  matters  coming  before  the  council,  but  not 
the  right  to  vote. 

20.  Appointive  Power  of  Manager.  The  manager  shall 
have  the  power  to  appoint  and  remove,  subject  to  the  pro- 
visions of  this  charter,  all  officers  and  employees  in  the  admin- 
istrative service  of  the  city;  but  the  manager  may  authorize 
the  head  of  a  department  or  office  responsible  to  him  to  appoint 
and  remove  subordinates  in  such  department  or  office.  All 
such  appointments  shall  be  without  definite  term  unless  for 
provisional,  temporary,  or  emergency  service  not  to  exceed  the 
maximum  periods  which  may  be  prescribed  by  the  rules  and 
regulations  of  the  merit  plan. 

21.  Non-interference  by  the  Council.  Neither  the  council 
nor  any  of  its  members  shall  direct  or  request  the  appointment 
of  any  person  to  office  or  employment,  or  his  removal  there- 
from, by  the  manager  or  any  of  the  administrative  officers. 
Neither  the  council  nor  any  member  thereof  shall  give  orders 
to  any  of  the  administrative  officers  either  publicly  or  privately. 
Any  violation  of  the  provisions  of  this  section  by  a  councilman 
shall  be  a  misdemeanor,  conviction  of  which  shall  constitute 
immediate  forfeiture  of  his  office. 

22.  Appointive  Officers.  There  shall  be  appointed  by  the 
manager  an  assessor  or  assessors  as  determined  from  time  to 
time  by  the  city  council,  city  clerk,  treasurer,  police  chief,  fire 
chief,  and  such  other  officers  as  are  necessary  to  administer  all 


1949]  Chapter  425  647 

departments  which  the  council  shall  establish,  which  depart- 
ments shall  replace  all  existing-  departments,  boards,  and  com- 
missions. The  powers  and  duties  of  these  officers  and  heads 
of  departments  so  appointed  shall  be  those  prescribed  by  state 
law,  by  this  charter,  or  by  ordinance. 

23.  Administrative  Departments.  The  first  manager 
under  this  charter  shall  draft  and  submit  to  the  council  within 
six  months  after  assuming  office  an  ordinance  dividing  the 
administrative  service  of  the  city  into  departments,  divisions, 
and  bureaus  and  defining  the  functions  and  duties  of  each. 
After  the  adoption  of  an  ordinance  or  ordinances  on  the  fore- 
going subject,  the  council  by  ordinance  may  create,  consolidate, 
or  abolish  departments,  divisions,  and  bureaus  of  the  city  and 
define  or  alter  their  functions  and  duties.  Such  ordinances 
shall  be  known  as  the  "Administrative  Code."  Each  officer 
shall  have  supervision  and  control  of  his  department  and  the 
employees  therein  and  shall  have  power  to  prescribe  rules  and 
regulations,  not  inconsistent  with  general  law,  this  charter, 
the  administrative  code,  and  the  rules  and  regulations  of  the 
merit  plan.  Pending  passage  of  such  code  the  manager  may 
establish  temporary  regulations. 

24.  Purchasing  Procedure.  The  administrative  code  shall 
establish  purchasing  and  contract  procedure  including  the 
assignment  of  all  responsibility  for  purchasing  to  one  or  more 
persons,  the  combination  of  purchasing  of  similar  articles  by 
different  departments,  and  purchasing  by  competitive  bids. 

V.     Finamee 

25.  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city 
shall  begin  on  the  first  day  of  January  unless  another  date 
shall  be  fixed  by  ordinance. 

26.  Financial  Control.  The  manager  shall  maintain 
accounting  control  over  the  finances  of  the  city,  make  financial 
reports,  and  perform  such  other  duties  as  may  be  required  by 
the  administrative  code.  He  shall  audit  and  approve  all 
authorized  claims  against  the  city  before  payment  of  the  same 
by  the  treasurer. 

27.  Budget  Procedure.  At  such  time  as  may  be  requested 
by  the  manager  or  specified  by  the  administrative  code,  each 
officer  or  director  of  a  department  shall  submit  an  itemized 
estimate  of  the  expenditures  for  the  next  fiscal  year  for  the  de- 
partment or  activities  under  his  control.     The  manager  shall 


648  Chapter  425  [1949 

submit  the  proposed  budget  to  the  council  at  least  one  month 
before  the  start  of  the  fiscal  year  of  the  budget. 

28.  Budget  Hearing.  A  public  hearing  on  the  budget  shall 
be  held  before  its  final  adoption  by  the  council  at  such  time 
but  not  later  than  the  third  Thursday  of  the  second  month  of 
the  fiscal  year  and  such  place  as  thie  council  shall  direct,  and 
notice  of  such  public  hearing  together  with  a  copy  of  the 
budget  as  submitted  shall  be  published  at  least  one  week  in 
advance  by  the  city  clerk. 

29.  Date  of  Adoption.  The  budget  shall  be  adopted  by  the 
council  not  later  than  the  first  meeting  of  the  third  month  of 
the  fiscal  year. 

30.  Appropriations  After  Budget  is  Adopted.  No  appro- 
priation shall  be  made  for  any  purpose  not  included  in  the 
annual  budget  as  adopted  unless  voted  by  a  two-thirds 
majority  of  the  council  after  a  public  hearing  held  to  discuss 
said  appropriation.  The  council  shall  by  resolution  designate 
the  source  of  any  monej'  so  appropriated. 

31.  Budget  Control.  At  the  beginning  of  each  quarterly 
period  during  the  fiscal  year  and  more  often  if  required  by  the 
council,  the  manager  shall  submit  to  the  council  data  showing 
the  relation  between  the  estimated  and  actual  income  and  ex- 
penses to  date,  together  with  outstanding  indebtedness  and 
estimated  future  expenses;  and  if  it  shall  appear  that  the  in- 
come is  less  than  anticipated  the  manager,  with  the  approval 
of  the  council,  may  reduce  the  appropriation  for  any  item  or 
items,  except  amounts  required  for  debt  and  interest  charges, 
to  such  a  degree  as  may  be  necessary  to  keep  expenditures 
within  the  cash  income.  The  manager  may  provide  for 
monthly  or  quarterly  allotments  of  appropriations  to  depart- 
ments, funds,  or  agencies  under  such  rules  as  he  shall  pre- 
scribe. 

32.  Transfer  of  Appropriations.  After  the  budget  has 
been  adopted,  no  money  shall  be  drawn  from  the  treasury  of 
the  city,  nor  shall  any  obligation  for  the  expenditure  of  money 
be  incurred  except  pursuant  to  a  budget  appropriation  unless 
there  shall  be  a  specific  additional  appropriation  therefor. 
The  head  of  any  department,  with  the  approval  of  the  manager, 
may  transfer  any  unencumbered  balance  or  any  portion  there- 
of from  one  fund  or  agency  within  his  department  to  another 
fund  or  agency  within  his  department;  the  manager,  with  the 


1949]  Chapter  425  649 

approval  of  the  council,  may  transfer  any  unencumbered 
appropriation  balance  or  any  portion  thereof  from  one  depart- 
ment to  another. 

33.  Depository.  The  council  shall  desig-nate  the  depository 
or  depositories  for  city  funds,  and  shall  provide  for  the  daily 
deposit  of  all  city  moneys.  The  council  may  provide  for  such 
security  for  city  deposits  as  it  may  deem  necessary,  except 
that  personal  surety  bonds  shall  not  be  deemed  proper  security. 

34.  Independent  Audit.  An  independent  audit  shall  be 
made  of  all  accounts  of  the  city  government  at  least  annually 
and  more  frequently  if  deemed  necessary  by  the  council.  Such 
audit  shall  be  made  by  certified  public  accountants  experienced 
in  municipal  accounting  or  by  the  state  tax  commission,  or  its 
representatives.  An  abstract  of  the  result  of  such  audit  shall 
be  made  public. 

35.  Official  Bonds.  Any  city  officer  elected  or  appointed  by 
authority  of  this  charter  may  be  required  by  the  manager  to 
give  a  bond  to  be  approved  by  the  city  solicitor  for  the  faithful 
performance  of  the  duties  of  his  office,  but  the  manager  and  all 
officers  receiving  or  disbursing  city  funds  shall  be  so  bonded. 
All  official  bonds  shall  be  corporate  surety  bonds,  and  the 
premiums  thereon  shall  be  paid  by  the  city.  Such  bonds  shall 
be  filed  with  the  city  clerk. 

36.  Borrowing  Procedure.  Subject  to  the  applicable  pro- 
visions of  state  law  and  the  rules  and  regulations  provided  by 
ordinance  in  the  administrative  code,  the  council,  by  resolution, 
may  authorize  the  borrowing  of  money  for  any  purpose  within 
the  scope  of  the  powers  vested  in  the  city  or  other  evidence  of 
indebtedness  therefor,  and  may  pledge  the  full  faith,  credit, 
and  resources  of  the  city  for  the  payment  of  the  obligation 
created  thereby.  Borrowing  for  a  term  exceeding  one  year 
shall  be  authorized  by  the  council  only  after  a  duly  advertised 
public  hearing. 

VI.     Merit  Plan 

37.  Appointment.  Appointment  and  promotions  to  all 
positions  in  the  service  of  the  city  shall  be  made  solely  on  the 
basis  of  merit  and  only  after  examination  of  the  applicant's 
fitness.  So  far  as  practicable  examinations  shall  be  com- 
petitive. 

38.  Rules  and  Regulations.  The  city  manager  shall  draft 
and   submit   to   the   council   within   three   months   after   the 


650  Chapter  425  [1949 

adoption  of  this  charter  a  set  of  rules  and  regulations,  which 
shall  become  effective  one  month  after  its  submission  unless 
vetoed  by  the  council  within  that  period  providing-  for  the 
establishment  of  a  merit  system  of  personnel  administration 
and  the  implementation  of  such  portions  of  that  system  as  are 
prescribed  by  this  chai'ter.  The  rules  and  regulations  may 
be  amended  during  said  month  by  the  council.  The  rules 
and  regulations  shall  include  provisions  with  regard  to 
classification,  compensation,  selection,  training,  promotion, 
discipline,  vacations,  retirement,  and  any  other  matters 
necessary  to  the  maintenance  of  efl^cient  service  and  the  im- 
provement of  working  conditions.  The  rules  and  regulations 
shall  continue  in  force  subject  to  amendments  submitted  from 
time  to  time  by  the  manager  which  shall  become  effective  one 
month  after  the  submission  unless  vetoed  by  the  council  within 
that  period.  Until  the  first  set  of  such  rules  and  regulations 
becomes  effective,  the  manager  may  establish  temporary  rules 
and  regulations. 

39.  Compensation.  The  compensation  of  all  ofl^cers  and 
employees  not  fixed  by  this  charter  shall  be  fixed  in  the  rules 
and  regulations  of  the  merit  plan  by  a  schedule  of  pay  which 
shall  include  a  minimum  and  maximum  and  such  intermediate 
rates  as  may  be  deemed  desirable  for  each  class  of  positions 
provided  for  in  said  rules  and  regulations.  In  increasing  or 
decreasing  items  in  the  city  budget,  the  council  shall  not  in- 
crease or  decrease  any  individual  salary  item  but  shall  act 
solely  with  respect  to  total  salaries  in  the  various  departments 
of  the  city. 

40.  Personnel  Advisory  Board.  There  is  hereby  established 
a  personnel  advisory  board  of  three  citizens  holding  no  other 
political  office  and  appointed  one  member  by  the  manager,  one 
by  the  council,  and  the  third  by  these  two  appointees.  In  the 
first  instance  only  the  member  appointed  by  the  manager,  shall 
serve  for  one  year,  the  member  appointed  by  the  council  for 
two  years,  and  the  third  member  for  three  years,  in  each  case 
beginning  on  the  first  day  of  January  following  the  adoption  of 
this  charter ;  the  terms  of  all  succeeding  members  shall  be  for 
three  years  beginning  on  the  expiration  of  the  term  each 
succeeds.  No  member,  who  has  served  a  full  three-year  term 
shall  be  appointed  to  succeed  himself.  It  shall  be  the  duty  of 
the  personnel  advisory  board  to  study  the  broad  problems  of 


1949]  Chapter  425  651 

personnel  policy  and  administration,  to  advise  the  council  con- 
cerning- the  personnel  policies  of  the  city  and  the  manager  re- 
garding the  administration  of  the  merit  plan  and  retirement 
system,  and  to  hear  appeals  from  any  employee  aggrieved  as  to 
the  status  or  condition  of  his  employment  or  retirement.  The 
board  shall  issue  written  reports  containing  findings  of  facts 
and  recommendations  to  the  manager  upon  such  appeals  but 
the  board  shall  have  no  power  to  reinstate  an  employee  unless 
it  finds,  after  investigation,  that  disciplinary  action  was  taken 
against  the  employee  for  religious,  racial,  or  political  reasons. 

41.  Certification  of  Compensation.  No  compensation  shall 
be  paid  without  certification  by  the  manager,  or  such  officer  as 
he  may  direct,  that  the  recipients  are  employed  by  the  city 
and  that  their  rates  of  compensation  comply  with  the  pay 
schedules  provided  for  in  section  39.  If  such  officer  approves 
payments  not  in  conformity  therewith,  he  and  his  surety  shall 
be  liable  for  the  amount  of  such  payments. 

42.  Employees  When  Charter  Adopted.  No  employee  of 
the  city  at  the  time  this  charter  is  adopted  shall  be  required 
to  take  any  examination  in  order  to  continue  within  the  em- 
ployment of  the  city.  All  other  provisions  of  the  merit  plan 
will  apply  to  such  employees.  All  officers  and  employees  of 
the  city  holding  office  at  the  time  this  charter  takes  effect, 
except  those  whose  position  or  office  has  been  abolished  hereby, 
shall  continue  to  hold  office  until  their  respective  successors 
shall  be  elected  or  appointed,  as  the  case  may  be,  and  qualified. 

VII.     Special  Assessments 

43.  Special  Improvements.  The  council  shall  have  power 
to  determine  that  the  whole  or  any  part  of  the  expense  of  any 
public  improvement  shall  be  defrayed  by  special  assessments 
upon  the  property  especially  benefited  and  shall  so  declare  by 
resolution.  Such  resolution  shall  state  the  estimated  cost  of 
the  improvement,  what  proportion  of  the  cost  thereof  shall  be 
paid  by  special  assessments,  and  what  part,  if  any,  shall  be  a 
general  obligation  of  the  city,  the  number  of  installments  in 
which  special  assessments  may  be  paid,  and  shall  designate  the 
districts  or  land  and  premises  upon  which  special  assessment 
shall  be  levied. 

44.  Procedure  Fixed  by  Ordinance.  The  council  shall  pre- 
scribe by  general  ordinance  complete  special  assessment  pro- 
cedure concerning  plans  and  specifications,  estimate  of  costs, 


652  Chapter  425  [1949 

notice  and  hearing,  the  making  of  the  special  assessment  roll 
and  correction  of  errors,  the  collection  of  special  assessments, 
and  any  other  matters  concerning  the  making  of  improvements 
by  the  special  assessment  method. 

VIII.     Sewer  Rents 

45.  Sewerage  System.  For  the  defraying  of  the  cost  of 
construction,  management,  maintenance,  operation,  recon- 
struction, extension,  replacement  and  repair  of  city  sewers  and 
sewer  systems,  including  treatment  and  disposal  works,  and 
for  depreciation  accruals  not  to  exceed  five  per  cent  annually  of 
total  sewer  plant  value,  and  for  the  payment  or  repayment  of 
the  interest  and  principal  on  any  debt  incurred  by  the  city  to 
pay  such  costs,  the  city  council  may  by  ordinance  establish  a 
scale  of  rents,  to  be  called  sewer  rents,  which  shall  be  paid  by 
the  owner  or  owners  of  real  estate  connected  by  sewage  drains 
with  city  sewers  and  sewer  systems,  or  whose  real  estate  re- 
ceives special  benefit  therefrom  in  any  way.  The  city  council 
may  prescribe  the  manner  in  which  and  the  time  at  which  such 
rents  are  to  be  paid  and  collected  and  may  change  the  scale  of 
rents  from  time  to  time  as  may  be  deemed  advisable.  Such 
rents  may  be  based  upon  the  metered  consumption  of  water  on 
the  premises  connected  with  the  sewer  system,  the  number  and 
kind  of  plumbing  fixtures  connected  with  the  sewer  system,  the 
number  of  persons  served  by  the  sewer  system  or  upon  any 
other  equitable  basis.  Funds  raised  from  sewer  rents  shall  be 
used  only  for  the  purposes  prescribed  in  this  section. 

46.  Notice.  Notice  of  the  charges  for  sewer  rents  shall  be 
given  to  the  owner  or  owners  of  real  estate  chargeable  therefor 
m  such  manner  as  the  city  council  may  prescribe. 

47.  Lien.  All  charges  for  sewer  rents  shall  become  a  lien 
upon  the  real  estate  served  by  the  city  sewer  system  or  the 
real  estate  on  account  of  which  they  are  charged.  Such  lien 
shall  continue  for  one  year  from  the  last  item  charged  in  said 
sewer  rents  and  may  be  enforced  by  suit  in  behalf  of  the  city 
against  the  owner  or  owners  of  such  real  estate.  In  case  an 
appeal  has  been  taken  and  the  charges  sustained  in  whole  or 
in  part,  such  lien  shall  continue  until  the  expiration  of  one  year 
from  such  decision.  The  record  of  the  charge  for  sewer  rents 
made  by  the  city  shall  be  sufficient  notice  to  maintain  suit  upon 
such  lien  against  subsequent  purchasers  or  attaching  creditors 
of  such  real  estate. 


1949]  Chapter  425  653 

48.  Rules  and  Regulations.  The  city  council  may  adopt 
rules  and  regulations  pertaining  to  the  use  of  the  sewerage 
system  and  other  regulations  relating  to  the  system  as  in  their 
judgment  the  sewerage  system,  pumping  station,  treatment 
plant  or  other  structure  demands  for  proper  maintenance  or 
operation.  Any  person  wilfully  violating  such  regulations 
shall  be  fined  not  more  than  ten  dollars  for  each  day  of  neglect 
or  refusal  after  written  notice  has  been  given. 

IX.     Water  Utilities 

49.  Water  System.  For  the  defraying  of  the  cost  of  con- 
struction, management,  maintenance,  operation,  recon- 
struction, extension,  replacement  and  repair  of  the  city  water 
system,  including  treatment  plant,  distribution  mains, 
hydrants,  watershed,  and  for  depreciation  accruals  not  to  ex- 
ceed five  per  cent  annually  of  the  total  water  plant  value,  and 
for  the  payment  or  repayment  of  the  interest  and  principal  on 
any  debt  incurred  by  the  city  to  pay  such  costs,  the  city 
council  may,  by  ordinance,  establish  a  scale  of  rates  to  be 
called  water  rates,  which  shall  be  paid  by  the  owner  or  owners 
of  real  estate  connected  to  the  city  water  system,  or  whose  real 
estate  receives  special  benefit  therefrom  in  any  way.  The  city 
council  may  prescribe  the  manner  in  which  and  the  time  at 
which  such  rates  are  to  be  paid  and  collected,  and  may  change 
the  scale  of  rates  from  time  to  time  as  may  be  deemed 
advisable.  Such  rates  may  be  paid  upon  the  metered  con- 
sumption of  water  on  the  premises  connected  with  the  water 
system,  the  number  and  kind  of  plumbing  fixtures  connected 
with  the  water  system,  and  number  of  persons  served  by  the 
water  system,  or  upon  any  other  equitable  basis.  Funds  raised 
from  water  rates  shall  be  used  only  for  the  purposes  prescribed 
in  this  section. 

50.  Notice.  Notice  of  the  charges  for  water  rates  shall  be 
given  to  the  owner  or  owners  of  real  estate  chargeable  therefor 
in  such  manner  as  the  city  council  may  prescribe. 

51.  Lien.  All  charges  for  water  shall  become  a  lien  upon 
the  real  estate  served  by  the  city  water  system  or  the  real 
estate  on  account  of  which  they  are  charged.  Such  lien  shall 
continue  for  one  year  from  the  last  item  charged  for  said 
water  rents  and  may  be  enforced  by  suit  in  behalf  of  the  city 
against  the  owner  or  owners  of  such  real  estate.  In  case  an 
appeal  has  been  taken  and  the  charges  sustained  in  whole  or 


654  Chapter  425  [1949 

in  part,  such  lien  shall  continue  until  the  expiration  of  one  year 
from  such  decision.  The  record  of  the  charge  for  water  made 
by  the  city  shall  be  sufficient  notice  to  maintain  suit  upon  such 
lien  against  subsequent  purchasers  or  attaching  creditors  of 
such  real  estate. 

52.  Rules  and  Regulations.  The  city  council  may  adopt 
rules  and  regulations  pertaining  to  the  water  system  and  other 
regulations  relating  to  this  system  as  in  their  judgment  the 
system,  pumping  station,  treatment  plant,  or  other  structures 
demand  for  proper  maintenance  and  operation.  Any  person 
wilfully  violating  such  regulations  shall  be  fined  not  more  than 
ten  dollars  for  each  day  of  neglect  or  refusal  after  written 
notice  has  been  given. 

X.  Other  Service  Charges 

53.  The  council  shall  have  power  to  determine  that  the 
whole  or  any  part  of  the  expense  of  any  service  or  activity  pro- 
vided by  the  city  shall  be  defrayed  by  a  special  charge  on  the 
person  or  property  benefited  by  the  service  or  activity.  The 
council  may  prescribe  by  general  ordinance  the  procedure  to  be 
followed  in  making  such  charges  and  the  amount  thereof. 

XI.  Capital  Reserve  Funds 

54.  Establishment  of  Reserves  Authorized.  Tlie  city 
council  may  raise  and  appropriate  money  for  the  establishment 
of  a  capital  reserve  fund  for  the  financing  of  all  or  part  of  the 
cost  of  (a)  the  construction,  reconstruction  or  acquisition  of  a 
specific  capital  improvement,  or  the  acquisition  of  a  specific 
item  or  specific  items  of  equipment,  or  (b)  the  construction, 
reconstruction,  or  acquisition  of  a  type  of  capital  improvement 
or  the  acquisition  of  a  type  of  equipment. 

55.  Payments  Into  Fund.  There  may  be  paid  into  any  such 
capital  reserve  fund  such  amounts  as  may  from  time  to  time  be 
raised  and  appropriated  therefor,  and  the  city  council  may  also 
vote  to  transfer  to  said  fund  any  unencumbered  surplus  funds 
remaining  on  hand  at  the  end  of  any  fiscal  year. 

56.  Limitation  on  Appropriation.  The  city  council  shall 
not  raise  and  appropriate  in  any  one  year  for  such  capital  re- 
serve fund  an  amount  in  excess  of  one-half  of  one  per  cent  of 
the  last  assessed  valuation  of  the  city. 

57.  Investment.  The  moneys  in  each  such  fund  shall  be 
kept  in  a  separate  account  and  not  intermingled  with  other 


i949]  Chapter  425  6S5 

funds  of  said  city.  Said  capital  reserve  fund  shall  be  invested 
only  by  deposit  in  some  savings  bank  or  in  the  savings  depart- 
ment of  a  national  bank  or  trust  company  in  this  state,  or  in 
bonds,  notes  or  other  obligations  of  the  United  States  govern- 
ment, or  in  bonds  or  notes  of  this  state  and  when  so  invested 
the  trustees  hereinafter  named  shall  not  be  liable  for  the  loss 
thereof.  Any  interest  earned  or  capital  gains  realized  on  the 
moneys  so  invested  shall  accrue  to  and  become  a  part  of  the 
fund.  Deposits  in  banks  shall  be  made  in  the  name  of  the  city 
and  it  shall  appear  upon  the  book  thereof  that  the  same  is  a 
capital  reserve  fund. 

58.  Trustees  of  Funds.  The  trustees  of  trust  funds  of 
Keene  shall  have  custody  of  any  capital  reserve  of  the  city.  Said 
trustees  shall  give  bond  in  such  amount  and  in  such  form  as 
the  state  tax  commission  shall  prescribe,  and  any  such  trustee 
who  shall  make  any  payment  of  income  or  principal  from  any 
such  capital  reserve  fund  before  the  approval  of  his  bond  in 
writing  by  the  tax  commission  shall  be  personally  liable  to  the 
city  for  any  loss  resulting  from  such  payment,  to  be  recovered 
for  the  city  at  the  suit  of  any  citizen.  The  expenses  of  said 
trustees  in  said  capacity  and  the  expense  of  their  bonds  shall 
be  charged  as  incidental  city  charges. 

59.  Expenditures.  The  trustees  holding  said  capital  re- 
serve funds  in  trust,  as  hereinbefore  provided,  shall  hold  the 
same  until  such  time  as  the  city  council  shall  have  named 
trustees  or  agents  to  carry  out  the  objects  designated  by  said 
city  councils.  Expenditures  from  said  capital  reserve  funds 
shall  be  made  only  for  or  in  connection  with  the  purposes  for 
which  said  fund  was  established,  or  as  amended  as  provided  by 
the  next  succeeding  section. 

60.  Change  of  Purpose.  After  the  purpose  for  which  a 
capital  reserve  fund  is  established  has  been  determined,  no 
change  shall  be  made  in  the  purpose  for  which  said  fund  may 
be  expended,  unless  and  until  such  change  has  been  authorized 
by  the  affirmative  vote  of  at  least  six  members  of  the  city 
council  at  a  regular  meeting.  Notice  of  proposed  change  shall 
be  advertised  in  a  local  publication  of  general  circulation  at 
least  one  week  before  the  meeting  at  which  action  is  taken. 

XII.    Miscellaneous  Provisions 

61.  Oath  of  Office.  Every  person  elected  or  appointed  to 
any  city  office  before  entering  upon  the  duties  of  his  office  shall 


656  Chapter  425  [1949 

take  and  subscribe  to  an  oath  of  ofRce  as  provided  by  law 
which  shall  be  filed  and  kept  in  the  office  of  the  city  clerk. 

62.  Notice  of  Election  or  Appointment.  Written  notice  of 
election  or  appointment  of  any  city  officer  shall  be  mailed  to 
him  at  his  address  by  the  city  clerk  within  forty-eight  hours 
after  the  appointment  is  made  or  the  vote  canvassed.  If  with- 
in ten  days  from  the  date  of  the  notice  such  officer  shall  not 
take,  subscribe  to,  and  file  with  the  city  clerk  an  oath  of  office, 
such  neglect  shall  be  deemed  a  refusal  to  serve  and  the  office 
shall  thereupon  be  deemed  vacant,  unless  the  council  shall 
extend  the  time  in  which  such  officer  may  qualify. 

63.  Vacancy  Defined.  In  addition  to  other  provisions  of 
this  charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office 
when  an  officer  dies,  resigns,  is  removed  from  office,  is  con- 
victed of  a  felony,  is  physically  incapacitated,  or  is  judicially 
declared  to  be  mentally  incompetent. 

64.  Personal  Interest.  No  member  of  the  council  or  any 
officer  or  employee  of  the  city  shall  take  part  in  a  decision  in 
which  he  shall  have  a  financial  interest,  direct  or  indirect  or  by 
reason  of  ownership  of  stock  in  any  corporation,  in  any  con- 
tract or  in  the  sale  to  the  city  or  to  a  contractor  supplying  the 
city  of  any  land  or  rights  or  interests  in  any  land,  material, 
supplies  or  services.  Any  wilful  violation  of  this  section  shall 
constitute  malfeasance  in  office,  and  any  officer  or  employee  of 
the  city  found  guilty  thereof  shall  thereby  forfeit  his  office  or 
position.  Any  violation  of  this  section  with  the  knowledge,  ex- 
pressed or  implied,  of  the  person  or  corporation  contracting 
with  the  city  shall  render  the  contract  voidable  by  the  city 
manager  or  the  council. 

65.  Private  Use  of  Public  Property.  No  officer  or  employee 
shall  devote  any  city  property  or  labor  to  private  use  except  as 
may  be  provided  by  law  or  ordinance. 

66.  Notice  of  Claim.  No  action  at  law  or  bill  in  equity  shall 
be  sustained  against  the  city  unless  a  notice  setting  forth  the 
nature  and  amount,  if  any,  of  the  claim  shall  have  been  de- 
livered or  sent  by  registered  mail  to  the  office  of  the  city  clerk 
not  less  than  sixty  days  prior  to  the  commencement  of  said 
action  at  law  or  bill  in  equity. 

67.  Municipal  Court.  The  municipal  court  of  the  city  as 
at  present  constituted  is  hereby  continued. 


1949]         •  Chapter  425  657 

68.  Violations.  All  violations  of  provisions  of  this  charter 
unless  otherwise  provided  are  hereby  declared  to  be  mis- 
demeanors and  all  such  violations  and  all  violations  of  city 
ordinances  for  which  no  other  punishment  is  provided,  shall  be 
punishable  by  a  fine  not  exceeding  five  hundred  dollars  or  im- 
prisonment for  a  period  not  exceeding  ninety  days,  or  both,  in 
the  discretion  of  the  court. 

69.  Public  Records.     All  records  of  the  city  shall  be  public. 

70.  Trust  Funds.  Trust  funds,  except  where  otherwise 
provided  by  the  instrument  creating  such  trust,  shall  be  kept 
separate. 

71.  Saving  Clause.  So  much  of  the  previous  charter  of  the 
city  and  of  laws  passed  in  amendment  or  supplement  thereof, 
as  are  in  force  when  this  act  is  adopted  relative  to  the  con- 
stitution and  bounds  of  its  several  wards,  its  school  districts 
and  sewer,  lighting,  and  other  special  precincts  and  their 
government  and  affairs,  municipal  court,  and  to  the  borrowing 
of  money  in  aid  of  its  school  districts,  are  hereby  continued 
in  force,  with  the  exception  of  such  provisions  as  are  incon- 
sistent with  this  charter;  and  all  special  legislation  relative  to 
the  government  of  the  city,  inconsistent  herewith,  is  hereby 
repealed.  All  general  laws  relative  to  the  government  of  cities 
shall  remain  in  force  in  the  city  so  far  as  the  same  can  be 
applied  consistently  with  the  intents  and  purposes  of  this 
charter,  but  shall  be  deemed  superseded  as  to  this  city  so  far 
as  inconsistent  herewith.  Existing  ordinances  and  other 
municipal  regulations  shall  remain  in  force  so  far  as  the  same 
can  be  applied  consistently  with  the  intents  and  purposes  of 
this  charter,  but  are  hereby  annulled  so  far  as  inconsistent 
herewith.  In  all  existing  laws,  ordinances,  and  regulations 
hereby  saved,  references  to  the  city  councils,  board  of  mayor 
and  aldermen,  or  other  bodies  or  officers  hereby  abolished  and 
superseded,  or  to  bodies  or  officers  whose  constitution  or 
functions  are  hereby  altered,  shall  be  taken  to  mean  the  body 
or  officer  upon  whom  jurisdiction  of  the  matter  in  question  is 
conferred  by  this  charter  or  by  the  administrative  code. 

72.  Tenure  of  Office.  The  incumbents  when  this  charter 
takes  effect,  who  are  not  elected  by  popular  vote,  of  all  muni- 
cipal offices  not  hereby  abolished  or  superseded  shall  continue 
to  hold  the  same  until  the  expiration  of  their  respective  terms 


g58  Chapter  425  [1949 

where  a  term  of  years  exists  or  until  such  offices  are  abolislied 
or  superseded  by  lawful  ordinances. 

73.  Referendum.  This  charter  shall  not  take  effect  unless 
it  is  adopted  by  a  majority  vote  at  a  special  election  to  be  held 
in  the  city  of  Keene  on  the  second  Tuesday  in  September,  1949, 
or  at  a  subsequent  referendum  as  is  hereinafter  provided  for. 
The  city  clerk  then  in  office  shall  cause  to  be  included  on  the 
ballot  then  used  the  following"  question:  "Shall  the  provisions 
of  an  act  entitled  'An  act  to  revise  the  charter  of  the  city  of 
Keene'  be  adopted?"  Beneath  this  question  shall  be  printed 
the  word  "yes"  and  the  word  "no"  with  a  square  immediately 
opposite  each  said  word,  in  which  the  voter  may  indicate  his 
choice.  The  referendum  relative  to  the  adoption  of  this 
charter  shall  be  conducted  in  every  way,  except  as  otherwise 
herein  provided,  in  the  same  manner  as  the  election  for  the 
nomination  of  candidates  for  mayor  and  aldermen  under  the 
present  charter.  If  a  majority  of  those  voting"  on  this 
question  vote  in  the  affirmative  on  this  question,  this  act  shall 
be  declared  to  have  been  adopted.  If  this  act  should  not  be 
adopted  at  said  special  election,  the  question  of  the  adoption 
of  this  act  shall  again  be  voted  on  at  any  regular  municipal 
election  during  the  ten  years  immediately  following  the  passage 
of  this  act  if  at  least  three  per  cent  of  the  number  voting  at 
the  last  previous  municipal  election,  all  qualified  voters  of  the 
city,  shall  sign  a  petition  requesting  such  vote,  said  petition 
to  be  submitted  to  the  city  clerk  at  least  thirty  days  prior  to 
said  election. 

74.  Separability.  The  sections  of  this  charter  and  the 
parts  thereof  are  separable.  If  any  portion  of  this  charter,  or 
the  application  thereof  to  any  person  or  circumstance,  shall  be 
held  invalid,  the  remainder  thereof  or  the  application  of  such 
invalid  portions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby. 

75.  Takes  Effect.  Section  73  of  this  act  shall  take  effect 
upon  its  passage,  and  if  adopted  at  the  special  election  or  a 
referendum  provided  for  in  said  section,  the  remainder  of  this 
act  shall  take  effect  as  follows :  So  much  as  relates  to  the  pre- 
liminaries for  and  the  holding  and  conduct  of  the  first  muni- 
cipal election  shall  take  effect  immeditaely  upon  such  adoption. 
For  all  other  purposes  this  charter  shall  take  effect  on  the  first 
day  of  January  following  the  first  election  under  this  charter. 
[Approved  June  29,  1949.] 


1949]  Chapter  426  650 

CHAPTER  426. 

AN  ACT  TO  REPEAL  CHARTERS  OF  CERTAIN  CORPORATIONS. 

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

1.  Charters  Repealed.  The  charter  or  certificate  of  in- 
corporation of  each  of  the  following  named  corporations  is 
hereby  repealed,  revoked  and  annulled  except  as  otherwise  here 
specified : 

Advertisers  Associated,  Inc.  (Nashua,  1947) 

Air  Service,  Inc.  (Manchester,  1947) 

Alexander  Motor  Sales,  Inc.  (Lancaster,  1947) 

Algenite  Chemical,  Inc.  (Laconia,  1947) 

Allied  Arts,  Inc.  (Portsmouth,  1946) 

Alhed  Industries,  Inc.  (Laconia,  1940) 

Amcan  Jewelry  Manufacturing  Company,  Inc.  (Nashua, 
1947) 

American  Fern  Co.,  Inc.  (Brookline,  1947) 

Amoskeag  Metal  Products,  Inc.  (formerly  W.  T.  Marsh 
Co.,  Manchester,  1941) 

Anton,  Joseph  N.,  Company,  Inc.  (Dover,  1947) 

Arnel  Footwear,  Inc.  (Manchester,  1947) 

Art  &  Gene's  Service  Station,  Inc.  (Merrimack,  1946) 

Arthur  Weaving  Mills,  Inc.  (Concord,  1947) 

B  &  B  Food  Shop,  Inc.  (Manchester,  1946) 

Bay  State  Fashions,  Inc.  (Berlin,  1946) 

Bay  State  Garment  Co.,  Inc.  (Berhn,  1944) 

Beacon  Realty  Co.,  The  (Manchester,  1946) 

Bee  Air  Lines,  Inc.  (Dover,  1945) 

Bevlies,  Inc.  (Derry,  1946) 

Blue  Cab,  Inc.  (Keene,  1947) 

Boxell  School  of  Navigation,  Inc.,  The  (Portsmouth,  1947) 

Bretton  Manufacturing  Company,  Inc.  (Berlin,  1946) 

Bristol  Furniture  Co.,  Inc.  (Bristol,  1947) 

Broadview  Farm,  Inc.  (Mt.  Vernon,  1946) 

Brown,  "Shep,"  Incorporated  ( formerly  George  N.  Varney 
Company,  Laconia,  1929) 

C  &  L  Trucking  Company,  Inc.  (Nashua,  1947) 

Capital  Home  Improvement  Co.,  Inc.  (Concord,  1946) 

Carroll  County  Cooperative  Incorporated  (Tamworth, 
1941) 


660  Chapter  426  [1949 

Central  Block,  Inc.   (Wolfeboro,  1922) 
Central  Lumber  Company  (Laconia,  1944) 
Central  Valley  Contractors,  Inc.  (Hopkinton,  1947) 
Chapman  &  Parfitt  Construction  Corporation  (Manchester, 

1947) 
Chelmsford  Shoe  Company  (Derry,  1936) 
Cherete  Realty  Corporation  (Manchester,  1945) 
City  Grain  Company,  Inc.  (Nashua,  1946) 
Cold  River  Telephone  Company,  The  (Chatham,  1907) 
Colonial  Restaurant,  Inc.  (Franklin,  1946) 
Colonial  Valet,  Inc.  (Nashua,  1947) 
Conant  Park  Corporation  (Concord,  1947) 
Concord  Brick  Company  (Concord,  1923) 
Concord  College  of  Business,  Inc.  (Concord,  1934) 
Condon-Jackson,  Inc.  (Greenfield,  1946) 
Conway  Development  Company,  Inc.,  The  (Conway,  1946) 
Conway  Shoe  Company,  Inc.  (Salem  Depot,  1947) 
Coos  Investment  Corporation  (Whitefield,  1941) 
Country  Properties  Incorporated  (Laconia,  1935) 
Cranton,  W.  H.,  Insulation  Company  of  New  Hampshire, 

Inc.  (Manchester,  1946) 
Crestwood  Lodge,  Inc.  (Holderness,  1946) 
Dakin  Lumber,  Inc.  (Conway,  1946) 
Dartmouth  Airways,  Inc.  ( Hanover,  1946) 
Davis  Paper  Company  (Hopkinton,  1906) 
Donovan  &  Lutes,  Inc.  (Nashua,  1935) 
Doranne,  Inc.  (Nashua,  1945) 

Dowd  Real  Estate  Company,  Inc.,  The  (Nashua,  1937) 
DuBarry  Shoe  Company,  Inc.  (Manchester,  1946) 
Eastern  Construction  Company,  Inc.  (Manchester,  1947) 
Edman  Lodge,  Inc.  (West  Rindge,  1947) 
Fabyan  House,  Inc.  (Carroll,  1946) 

Fabyan  Management  Corporation  (Twin  Mountains,  1947) 
Fitzpatrick,  P.  F.,  and  Son,  Inc.  (Manchester,  1937) 
Fitzwilliam  Co.,  Inc.,  The  (Fitzwilliam,  1946) 
Foot  Delight  Shoe  Corporation  (Manchester,  1946) 
French  Knitting  Mills,  Inc.  (Franklin,  1944) 
Garden  Apartments,  Inc.  (Manchester,  1947) 
Gate  City  Food  Stores,  Inc.,  The  (Nashua,  1930) 
General  Minerals  Corporation  (Walpole,  1942) 
George  Company,  Inc.  (Plymouth,  1946) 


1949]  Chapter  426  661 

Gilbert  Associates,  Inc.  (Walpole,  1940) 

Gilkey,  Dean  H.,  Inc.   (formerly  Gosselin  &  Gilkey,  Inc., 

Colebrook,  1924) 
Golden  Woodcraft  Products,  Inc.,  The  (Nashua,  1945) 
Goolsby,  Inc.   (Claremont,  1946) 
Granite  State  Garage,  Inc.,  The  (Tilton,  1929) 
Granite  State  Properties,  Inc.   (Manchester,  1946) 
Granite  State  Stock  Farms,  Inc.  (Manchester,  1947) 
Granite  State  Surveys,  Inc.   (Manchester,  1946) 
Hague  Realty  Company,  Inc.  (Northfield,  1946) 
Hale  &  Bosselait,  Inc.  (FrankHn,  1947) 
Hanover  Street  Apartments,  Inc.  (Manchester,  1947) 
Hardwood  Toy  Manufacturing  Corporation  (Keene,  1945) 
Harkeem  Shirts,  Inc.  (formerly  Harkeem  Co.,  Inc.,  Man- 
chester, 1946) 
Hayes  Hennery,  Inc.,  The  (Dover,  1932) 
Heat  Savers  Incorporated  (Plymouth,  1945) 
Henry's  Diner,  Inc.  (Nashua,  1946) 
Heywood  Mills,  Inc.  (Northfield,  1943) 
Home  Industries,  of  New  Hampshire,  Inc.  (Andover,  1947) 
Howard  Hotel  Company  (Bartlett,  1912) 
Hubbard's,  Inc.  (Portsmouth,  1941) 
Johnny's  Fine  Clothes,  Inc.  (Claremont,  1945) 
Johnson  and  Staff  Lumber  Co.,  Incorporated  (Claremont, 

1946) 
Junior  Shoe  Company,  Inc.  (Manchester,  1946) 
Juvenile   Furniture   Center   Company   Incorporated,   The 

(Manchester,  1945) 
Katahdin  Co.,  Inc.  (Goffstown,  1946) 
Keene  Country  Club  Associates  (Keene,  1923) 
Keene  Dy-Dee  Wash,  Inc.  (Keene,  1947) 
Keene  Lumber  Company,  Inc.  (Keene,  1942) 
Keene  Summer  Theatre,  Inc.  (Keene,  1941) 
Kelren  Oil  Company,  Inc.  (Nashua,  1946) 
Koburg  Realty  Corporation  (Keene,  1945) 
Laconia  Mills,  Inc.  (Laconia,  1946) 
Laconia  Tl-ansit  Co.,  (Laconia,  1926) 
•     Lafley,  Harry  D.,  Co.,  Inc.  (Manchester,  1941) 
LaFrance  Motor  Corp.  (Nashua,  1947) 
Lawrence  Live  Poultry  Co.,  Inc.  (Derry,  1945) 
Lincoln  Company,  Inc.,  The  (Lincoln,  1946) 


662  Chapter  426  [1949 

Little  Miss  and  Master  Shops,  Inc.  (Manchester,  1946) 
Little  Squam  Lodges,  Incorporated  (Holderness,  1929) 
Littleton  Ski  Tows,  Inc.  (Littleton,  1939) 
Lochmere  Lumber  Corporation  (Manchester,  1946) 
M.  &  M.  Lumber  Company,  Inc.  (Hampstead,  1942) 
MacMaster,  F.  A.,  Inc.  (formerly  Nashua  Auto  Company, 

Inc.,  Nashua,  1923) 
Manchester  Coaster  Co.,  The  (Manchester,  1929) 
Maple  Street  Realty  Corporation  (Derry,  1945) 
Mar-No-Lawn,  Inc.  (Whitefield,  1937) 
Marshall  Music  Center,  Inc.  (Portsmouth,  1946) 
McLeod's     Nursery,     Inc.      (formerly     New     Hampshire 

Nursery,  Concord,  1926) 
Merrimack  Packing  Co.,  Inc.  (Manchester,  1946) 
Metal  Products,  Inc.  (formerly  Amoskeag  Metal  Products, 

Inc.,  Manchester,  1941) 
Milburn  and  Company,  Inc.  (Colebrook,  1946) 
Minerals,  Inc.   (Newport,  1947) 
Monadnock  Forestry  Associates  (Temple,  1946) 
Montello  Shoe  Company  (Suncook,  1942) 
Mt.  Eustis  Ski  Tows,  Inc.  (Littleton,  1946) 
Mountain  Haulage,  Inc.  (North  Haverhill,  1946) 
Nashua  Bowl,  Inc.  (Nashua,  1946) 
Nashua  Metal  Finishing  Corp.  (Nashua,  1947) 
Nashua  Products  Corporation  (Nashua,  1947) 
Nebasaki,  Inc.  (Meredith,  1944) 
New  Hampshire  Forge  and  Foundry  Corporation  (Rollins- 

fcrd,  1945) 
North  Eastern   Sales    Service    Company,    Inc.    (Concord, 

1946) 
North   Hampton   Racing   and    Breeding   Association,   In- 
corporated (North  Hampton,  1946) 
North  Wilmot  Telephone  Company,  The  (Wilmot,  1914) 
Olcott's  Motor  Sales,  Inc.  (Dover,  1946) 
Oliver  Engineering  Laboratory,  Inc.  (Portsmouth,  1946) 
180  Inc.  (Keene,  1946) 
Our  Camp  Inc.  (Andover,  1932) 
Pagan's  Garage,  Inc.  (Claremont,  1927) 
Paris  Electric  Co.,  Inc.   (Manchester,  1947) 
Parisian  Cafe,  Inc.  (Manchester,  1938) 
Pendergast  Sales  Co.,  Inc.  (Newmarket,  1927) 


1949]  Chapter  426  663 

Personnel  Research  Foundation,  Inc.  (Wolfeboro,  1946) 
Peterborough  Wood  Products,  Inc.  (Peterborough,  1947) 
Phoenix  Reed  Company  (Manchester,  1943) 
Pioneer  Engineering  Co.  Inc.  (Manchester,  1947) 
Premier  Cafe,  Inc.  (Littleton,  1936) 
Products,  Inc.  (New  York  City,  1946) 
Profile  Deluxe  Cottages,  Inc.  (Carroll,  1945) 
Purcell's  Cleaning  Company,  Inc.  (Dover,  1946) 
Purity  Dairy,  Inc.  (Manchester,  1938) 
Pyne  Enterprises,  Inc.  (Dover,  1947) 

R  &  M  Trucking  Company,  Inc.  (formerly  R  &  W  Truck- 
ing Company,  Inc.,  Nashua,  1944) 
Rand,  "Rube,"  Inc.  (Concord,  1945) 
Ready  Homes  Inc.  (Manchester,  1946) 
Reid  &  Goodwin,  Inc.  (formerly  Lord  and  Goodwin,  Inc., 

Meredith,  1946) 
Richer  Auto  Rental  Corporation  (Nashua,  1947) 
Rollins,  Edward  W.,  Incorporated  (Dover,  1926) 
Ross,  J.  H.,  Fuel  Co.,  Inc.  (Franklin,  1946) 
Roy  Realty  Corporation  (Berlin,  1946) 
Salmon  Falls  Food  Process  Co.  Inc.  (Rollinsford,  1946) 
Scott  Oil  Co.,  Inc.  (Manchester,  1932) 
Seacoast  Amusement  Corporation  (Portsmouth,  1947) 
Seals,  Inc.  (Manchester,  1947) 
Senco,  Inc.  (Manchester,  1947) 
17th  Century  House,  Inc.  (Hampton  Falls,  1948) 
Sheehan,  Griffin  and  Burns,  Inc.  (Concord,  1947) 
Shepard  Grocery  Company,  Incorporated  (Franklin,  1938) 
Shepherd  and  Evans  Inc.  (Nashua,  1946) 
Shepherd's  Automotive  Supply  Inc.  (Nashua,  1943) 
Splendid  Restaurant,  Inc.  (Berlin,  1945) 
State  Building  &  Contracting  Company,  Inc.    (Concord, 

1945) 
Stevens  Advertising  Agency,  Inc.  (Manchester,  1946) 
Strobochrome  Inc.  (Keene,  1947) 

Tarullo  Bros.  Sportwear  Company,  Inc.  (Newport,  1946) 
Thomas,  Berry  &  Thomas,  Inc.  (Plaistow,  1946) 
Tic  Toe  Restaurant,  Inc.  (Nashua,  1947) 
Tilton  Engineering  Company,  Inc.  (Tilton,  1945) 
Triple-State-Foods  Inc.,  The  (Woodsville,  1947) 
Twin  Mountain  House,  Inc.  (Carroll,  1946) 


664  Chapter  426  [1949 

Twin  State  Publishing  Co.  (Woodsville,  1940) 
United  Improvement  Corporation  (Concord,  1941) 
United  Motorists,  Inc.  (Manchester,  1945) 
Universal    Furniture    &    Bedding   Mfg.   Co.,    Inc.    (Man- 
chester, 1946) 
Victory  Cafe,  Inc.  (Manchester,  1945) 
Washington  Shoe  Co.  Inc.  (Salem  Depot,  1938) 
Waterville  Valley  Association,  Inc.  (Waterville,  1919) 
Web-Lock  Lumber  Co.  Inc.  (Alton,  1946) 
Webster  Textiles,  Inc.  (Laconia,  1947) 
Wendy  Shoe  Co.,  Inc.  (Hampstead,  1947) 
Western  New  Hampshire  Lumber  Company,  Incorporated 

(Walpole,  1941) 
White  Mountain  Mineral  Camps  (North  Conway,  1929) 
White,     William     R.,     Insurance     Agency,     Incorporated 

(Claremont,  1947) 
Whitefield  Lumber  Co.,  Inc.  (Whitefield,  1945) 
Willow  Realty  Corporation  (Manchester,  1946) 
Winchester  Paint  and  Varnish  Corporation  (Winchester, 

1947) 
Wlngwood,  Inc.  (Conway,  1946) 
Wolfeboro  Woodcraft,  Inc.   (Wolfeboro,  1946) 
Wood  Waste  Products,  Inc.  (Laconia,  1942) 
Woodstock  Lumber  Company,  The  (Lincoln,  1912) 
Woodsville  Ski  Tow,  Inc.,  (Woodsville,  1947) 
World  Fine  Arts  Foundation,  Inc.  (Concord,  1946) 
The  principal  place  of  business  and  date  and  year  of  in- 
corporation, when  given  in  the  above  list,  are  included  for  the 
purpose  of  distinguishing  corporations  of  the  same  or  similar 
names. 

2.  Remedies  Preserved.  No  remed\-  against  any  such 
corporation,  its  stockholders  or  officers,  for  any  liability  pre- 
viously incurred,  shall  be  impaired  hereby. 

3.  Reinstatement.  Any  such  corporation  may,  within 
ninety  days  after  the  date  that  this  act  takes  effect,  reinstate 
itself  as  a  corporation  by  the  payment  of  any  fees  in  arrears 
and  the  filing  with  the  secretary  of  state  of  any  annual  returns 
required  by  law  and  a  statement  under  oath,  signed  by  the 
clerk  or  secretary  of  such  corporation,  that  it  desires  that  its 
charter  or  certificate  of  incorporation  shall  remain  in  full  force 
and  effect. 


1949]  Chapter  427  665 

4.  Disposition  of  Property.  Any  corporation  whose  charter 
is  hereby  repealed,  revoked  and  annulled,  shall,  neverthelsss, 
continue  as  a  body  corporate  for  the  term  of  three  years  from 
the  date  that  this  act  takes  effect,  for  the  purpose  of  present- 
ing and  defending  suits  by  or  against  it  and  of  gradually 
closing  and  settling  its  concerns  and  distributing  its  assets,  in- 
cluding the  disposition  and  transfer  of  all  or  any  part  of  its 
property  and  for  no  other  purpose;  provided  that  for  the  pur- 
pose of  any  suit  or  action  by  or  against  any  such  corporation, 
pending  at  the  end  of  said  term  of  three  years,  such  corpo- 
ration shall  continue  as  a  body  corporate  until  ninety  days 
after  final  judgment  or  decree  in  such  suit  or  action;  and  pro- 
vided further  that  the  superior  court  shall  have  power  at  any 
time  when  it  shall  be  made  to  appear,  upon  the  petition  of  any 
interested  party,  that  the  protection  of  proprietary  or  other 
rights  requires  the  doing  of  any  act  or  thing  by  or  in  behalf 
of  any  such  corporation,  to  order  the  doing  of  such  acts  or 
things,  and  for  this  purpose  may  appoint  and  authorize  an 
agent  to  act  for  and  in  the  name  of  such  corporation  and  any 
action  so  ordered  and  done  shall  be  effective  corporate  action. 

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

[Approved  June  29,  1949.] 


CHAPTER  427. 


AN    ACT   RELATIVE    TO    ISSUANCE    OF    BONDS    OR    NOTES    BY 
HAMPTON  BEACH  VILLAGE  DISTRICT. 

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

1.  Authorization,  The  Hampton  Beach  Village  District  is 
hereby  authorized  to  issue  serial  notes  or  bonds  on  the  credit 
of  the  district  to  an  amount  not  exceeding  sixty  thousand 
dollars  ($60,000)  for  the  purpose  of  the  construction  of  a  salt 
water  fire  protection  system. 

2.  Debt  Limit.  In  ascertaining  the  debt  limit  of  said 
Hampton  Beach  Village  District  the  debt  hereby  authorized 
shall  be  excluded. 


666  Chapters  428,  429  [1949 

3.  Application  of  General  Laws,  Except  as  otherwise  pro- 
vided by  this  act  the  provisions  of  chapter  72  of  the  Revised 
Laws  shall  apply  to  the  serial  notes  or  bonds  herein  authorized. 

4.  Proceeding-s  Legalized.  The  proceedings  and  votes  of 
the  meeting-  of  the  Hampton  Beach  Village  District  held  in 
said  Hampton  on  March  29,  1949,  are  hereby  legalized,  ratified 
and  confirmed  so  far  as  they  relate  to  the  appropriation  and 
issuance  of  serial  notes  and  bonds  for  the  purposes  set  forth  in 
section  1  of  this  act. 

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

[Approved  June  30,  1949.] 


CHAPTER  428. 


AN  ACT  RELATIVE  TO  ZONING  POWERS  OF  THE  RYE 
WATER  DISTRICT. 

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

1.  Authority  Granted.  The  Rye  Water  District  is  hereby 
empowered  and  authorized  to  enact  zoning  regulations  and  for 
that  purpose  shall  have  all  the  powers  conferred  upon  towns 
by  sections  50  to  71  inclusive  of  chapter  51  of  the  Revised 
Laws. 

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

[Approved  June  30,  1949.] 


CHAPTER  429. 

AN  ACT  AMENDING  THE  CHARTER  OF  THE  CITY  OF  DOVER. 

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

1.  Term  of  Office.  Amend  section  15  of  chapter  385  of  the 
Laws  of  1947  by  striking  out  in  the  third  line  the  words  "an 
indefinite  term"  and  inserting  in  place  tliereof  the  words,  a 


1949]  Chapter  430  667 

term  of  two  years,  so  that  said  section  as  amended  shall  read 
as  follow:  15.  Manager.  The  chief  administrative  oflEicer  of 
the  city  shall  be  called  the  manager.  The  council  shall  appoint 
as  manager  for  a  term  of  two  years,  and  fix  the  salary  of,  a 
qualified  person  who  received  the  votes  of  at  least  six  members 
of  the  council.  The  first  council  elected  under  this  charter 
shall  appoint  a  manager  within  three  months  after  the  effective 
date  of  this  charter. 

2.     Takes  Effect.     This  act  shall  take  effect  January  1,  1950. 
[Approved  June  30,  1949.] 


CHAPTER  430. 

AN  ACT  RELATIVE  TO  THE  CHARTER  OF  THE  CITY  OF  DOVER. 

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

1.  Referendum.  A  special  election  shall  be  held  in  the  city 
of  Dover  on  Tuesday,  October  4,  1949,  for  the  purpose  of  de- 
termining whether  the  present  charter  of  the  city  of  Dover 
shall  be  rescinded.  The  city  clerk  shall  have  printed  on 
official  ballots  the  following  question:  "Shall  the  city  abolish 
the  present  city  manager  form  of  government  and  adopt  an 
act  entitled  'An  act  relative  to  the  city  charter  of  Dover'  as 
provided  in  the  laws  of  1949?"  Beside  this  question  shall  be 
printed  the  word  "Yes"  and  the  word  "No"  with  a  square  im- 
mediately opposite  each  said  word,  in  which  the  voter  may  in- 
dicate his  choice.  The  referendum  relative  to  the  rescission  of 
this  charter  shall  be  conducted  in  the  same  manner  as  regular 
municipal  elections.  If  a  majority  of  those  voting  on  this 
question  vote  in  the  affirmative  on  this  question,  the  present 
charter  shall  be  declared  to  have  been  rescinded ;  such  rescission 
shall  become  effective  on  the  first  Wednesday  of  January,  1950, 
and  on  that  date,  January  4,  1950,  the  terms  of  office  of  council- 
men,  school  committee,  and  mayor  elected  under  the  provisions 
of  said  rescinded  charter  shall  terminate  and  on  the  same  date 
the  office  of  city  manager  shall  terminate ;  the  terms  of  office  of 
all  officers,  trustees  and  commissioners  elected  or  appointed  by 
the  city  council,  mayor,  or  city  manager  under  chapter  385, 
Laws  of  1947,  shall  terminate  on  January  4, 1950  provided  how- 


668  Chapter  430  [1949 

ever,  that  such  officers  shall  continue  in  office  until  their  re- 
spective successors  have  been  duly  elected,  or  appointed,  and 
qualified.  If  the  present  charter  is  not  rescinded  at  said  special 
election,  said  question  shall  again  be  voted  on  at  any  regular 
municipal  election  during  the  ten  years  immediately  following 
the  passage  of  this  act  if  at  least  three  per  cent  of  the  number 
voting  at  the  last  previous  municipal  election,  all  qualified 
voters  of  the  city,  shall  sign  a  petition  requesting  such  vote, 
said  petition  to  be  submitted  to  the  city  clerk  at  least  thirty 
days  prior  to  said  election;  and  if  a  majority  of  those  voting 
on  this  question  vote  in  the  affirmative  the  present  charter 
shall  be  declared  to  have  been  rescinded;  such  rescission  shall 
become  effective  on  the  first  Wednesday  of  January  next 
following  such  vote,  and  on  that  date  the  terms  of  office  of 
councilmen,  school  committee,  and  mayor  elected  under  the 
provisions  of  said  rescinded  charter  shall  terminate  and  on 
the  same  date  the  office  of  city  manager  shall  terminate.  The 
terms  of  office  of  all  officers,  trustees  and  commissioners, 
elected  or  appointed  by  the  city  council,  mayor  or  city  manager 
under  chapter  385,  Laws  of  1947,  shall  terminate  on  the  first 
Wednesday  of  January  next  following  such  vote,  provided  how- 
ever, that  such  officers  shall  continue  in  office  until  their  re- 
spective successors  have  been  duly  elected,  or  appointed,  and 
qualified. 

2.  New  Charter.  If  the  present  city  charter  is  rescinded 
at  the  special  election  provided  in  section  1,  the  regular  election 
shall  be  held  on  the  first  Tuesday  of  November,  1949;  and  if 
the  present  city  charter  is  rescinded  at  a  regular  municipal 
election  as  provided  in  section  1,  then  a  special  election  shall  be 
held  on  the  first  Tuesday  of  December  next  following;  in  either 
event  the  city  of  Dover  shall  be  governed  by  the  provisions  of 
the  following  charter,  and  the  elections  provided  in  this  section 
shall  be  in  accordance  therewith. 

I.  City  Established 
1.  Incorporation.  The  inhabitants  of  the  city  of  Dover 
shall  continue  to  be  a  body  politic  and  corporate  under  the 
name  of  the  "City  of  Dover,"  and  as  such  shall  enjoy  all  the 
rights,  immunities,  powers,  and  privileges  and  be  subject  to  all 
the  duties  and  liabilities  now  appertaining  to  or  incumbent 
upon  them  as  a  municipal  corporation.     All  existing  property 


1949]  Chapter  430  669 

of  the  city  shall  remain  vested  in  it,  and  all  its  existing  debts 
and  obligations  shall  remain  obligatory  upon  it,  under  this 
revised  charter. 

2.  Wards.  The  city  shall  continue  to  be  divided  into  five 
wards  as  at  present  constituted,  and  except  as  herein  other- 
wisewise  provided,  the  general  laws  relative  to  wards  of  cities, 
officers  thereof,  and  voters,  check-lists,  elections,  and  jurors 
therein  shall  be  applicable  to  such  wards. 

3.  Conduct  of  Elections.  The  election  officers  in  each  ward 
whose  duty  it  is  to  conduct  regular  biennial  elections  shall  con- 
duct a  municipal  election  at  the  expense  of  the  city  in  the  same 
manner  as  a  regular  biennial  election  on  the  Tuesday  follow- 
ing the  first  Monday  in  November  of  the  odd  numbered  years 
to  choose  one  councilman  from  such  ward  and  four  councilmen 
at  large. 

4.  Preparation  of  Ballots.  The  city  clerk  shall  prepare 
the  ballots  to  be  used  at  the  municipal  election  in  form  as 
nearly  like  the  ones  used  in  biennial  elections  as  the  require- 
ments of  this  charter  permit.  Nomination  of  candidates  for 
mayor  and  city  councilors  shall  be  by  party  caucus  at  least 
twenty  days  before  the  regular  biennial  election  and  such 
names  shall  appear  on  the  ballot,  with  party  designations. 

5.  Term  and  Number  of  Members.  Except  as  otherwise 
provided  in  this  charter  all  the  powers  of  the  city  shall  be 
vested  in  a  council  which  shall  consist  of  one  councilman  from 
each  ward  who  shall  be  elected  by  such  ward  and  four  council- 
men  at  large.  Members  shall  be  elected  for  a  term  of  two 
years,  shall  take  office  on  the  January  fourth  next  after  their 
election  and  shall  hold  office  until  their  successors  are  duly 
elected  and  qualified.  The  city  clerk  shall  act  as  the  clerk  of 
the  council. 

6.  Mayor.  There  shall  be  elected  at  the  regular  biennial 
election  a  mayor.  Candidates  for  mayor  shall  be  nominated  in 
accordance  with  the  laws  relating  to  nomination  of  city 
officials.  The  mayor  shall  hold  office  for  a  term  of  two  years 
and  until  his  successor  is  duly  elected  and  qualified.  In  the 
event  of  a  vacancy  in  the  office  of  mayor,  the  same  shall  be 
filled  as  provided  in  chapter  63  of  the  Revised  Laws.  The 
mayor  shall  be  the  official  head  of  the  city.  He  shall  preside 
at  all  meetings  of  the  council.  He  may  speak  at  all  meetings 
but  may  vote  only  in  case  of  a  tie.     In  addition  to  the  powers 


670  Chapter  430  [1949 

eonferred  on  the  mayor  by  the  charter  he  shall  have  all  the 
powers  conferred  upon  mayors  of  cities  by  law. 

7.  Salary  of  Mayor.  The  salary  of  the  mayor  shall  be 
five  thousand  dollars  per  year,  payable  monthly,  and  he  shall 
devote  his  full  time  to  his  duties. 

8.  Qualifications.  No  person  shall  be  a  candidate  for 
election  as  councilman  or  school  committee  member  who  is  not 
a  duly  qualified  voter  in  the  city  and  who  has  not  been  a  resi- 
dent of  the  city  for  at  least  two  years  immediately  preceding 
his  election.  No  councilman  nor  school  committee  member  nor 
mayor  shall  be  eligible  to  hold  any  other  remunerative  position 
with  the  city.  No  person  shall  be  elected  mayor  who  has  not 
been  a  resident  of  the  city  for  at  least  six  years  immediately 
preceding  his  election. 

■9.  Vacancies.  Vacancies  occurring  in  the  office  of 
councilman  at  any  time  after  the  election  of  a  candidate  or 
candidates  thereto  shall  be  filled  by  the  appointment  of  some 
qualified  person  who  receives  the  votes  of  at  least  a  majority 
of  the  members  of  the  council  by  the  second  regular  meeting 
following  the  creation  of  the  vacancy.  Every  vacancy  shall  be 
filled  from  the  same  political  party  as  the  prior  incumbent. 

10.  Organization  of  City  Council.  The  mayor  and 
councilmen  so  chosen,  shall  meet  at  ten  o'clock  in  the  forenoon 
on  the  first  Wednesday  of  January  next  following  their  election, 
in  their  capacity  as  the  city  council,  for  the  purpose  of  taking 
their  respective  oaths  of  office,  organizing,  adopting  rules  and 
for  the  transaction  of  business  required  by  law  or  ordinance  to 
be  transacted  at  such  meeting.  The  city  council  shall  elect, 
by  a  majority  vote,  one  of  its  members  as  acting  mayor  who 
shall  serve  in  the  absence  of  the  mayor. 

11.  Compensation  of  Councilmen.  Each  councilman  shall 
receive  ten  dollars  for  each  council  meeting  which  he  attends, 
but  not  more  than  the  sum  of  two  hundred  dollars  in  the 
aggregate  in  any  year,  in  full  for  his  services. 

12.  Meetings.  The  mayor  shall  preside  over  all  meetings 
of  the  council  and  the  city  clerk  shall  act  as  clerk  of  the  council. 
All  meetings  of  the  council  shall  be  public.  Regular  meetings 
shall  be  held  at  eight  o'clock  in  the  evening  on  the  second 
Thursday  of  each  month  and  special  meetings  upon  notice  de- 
livered to  the  mayor  and  to  each  councilman  by  the  clerk  at 
the  written  request  of  the  mayor  or  a  majority  of  the  council- 


1949]  Chapter  480  671 

men.  The  council  shall  establish  its  own  rules,  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  the  business 
of  the  council. 

13.  Ordinances.  Municipal  legislation  shall  be  by  ordi- 
nance. Each  ordinance  shall  be  identified  by  a  number  and  a 
short  title.  The  enacting-  clause  of  each  ordinance  shall  be 
"The  City  of  Dover  ordains,"  and  the  effective  date  of  each 
ordinance  shall  be  specified  in  it.  All  ordinances  shall  be 
recorded  at  length  uniformly  and  permanently  by  the  city 
clerk,  and  each  ordinance  so  recorded  shall  be  authenticated  by 
the  signature  of  the  mayor  and  the  city  clerk.  Ordinances 
shall  be  published,  compiled  and  revised  in  such  manner  and  at 
such  time  as  the  council  shall  determine. 

14.  General  Powers,  Except  as  herein  otherwise  pro- 
vided, the  council  hereby  estabhshed  shall  have  all  the  powers 
and  discharge  all  the  duties  conferred  or  imposed  upon  city 
councils  in  convention,  city  councils  voting  concurrently  or 
boards  of  mayor  and  aldermen  acting  separately,  by  chapters 
62  to  66  of  the  Revised  Laws  or  by  other  general  laws  now  in 
force  or  hereafter  enacted,  or  upon  the  city  councils  or  board 
of  mayor  and  aldermen  of  the  city  of  Dover  by  special  laws  not 
hereby  repealed.  The  council  shall  have  the  powers  of  select- 
men of  towns  so  far  as  consistent  with  this  charter.  All  pro- 
visions of  such  laws  pertaining  to  the  powers  or  duties  of  any 
or  all  such  bodies  shall  be  construed  to  apply  to  the  council 
hereby  established  unless  a  contrary  intent  or  provision  here- 
in appears,  it  being  the  purpose  of  this  act  to  confer  upon  said 
council  all  functions  of  either  or  both  branches  of  the  existing 
city  councils,  except  such  as  are  specifically  transferred  to  the 
mayor.  All  committees  of  the  council  and  all  boards  shall  be 
deemed  advisory  and  policy  making  only  except  as  herein 
otherwise  provided.  The  city  clerk  shall  be  elected  by  a 
majority  vote  of  the  council  for  a  term  of  two  years. 

II.     Administrative  Service 

15.  General    Powers    and    Duties    of    the   Mayor.     The 

mayor  shall  be  the  chief  administrative  officer  and  the  head  of 
the  administrative  branch  of  the  city  government.  He  shall 
supervise  the  administrative  affairs  of  the  city  and  shall  carry 
out  the  policies  enacted  by  the  council.  He  shall  enforce  the 
ordinances  of  the  city,  this  charter,  and  all  laws  applicable  to 


672  Chapter  430  [1949 

the  city.  He  shall  keep  the  council  informed  of  the  condition 
and  needs  of  the  city  and  shall  make  such  reports  and  recom- 
mendations as  he  may  deem  advisable,  and  perform  such  other 
duties  as  may  be  prescribed  by  this  charter  or  required  of  him 
by  ordinance  or  resolution  of  the  council,  not  inconsistent  with 
this  charter.  He  shall  have  and  perform  such  other  powers 
and  duties  not  inconsistent  with  the  provisions  of  this  charter 
as  now  are  or  hereafter  may  be  conferred  or  imposed  upon  him 
by  municipal  ordinance  or  upon  mayors  of  cities  by  general 
law. 

16.  Appointive  Power  of  Mayor.  The  mayor  shall  have 
the  power  to  appoint  and  remove  all  officers  and  employees  in 
the  administrative  services  of  the  city,  subject  to  the  pro- 
visions of  this  charter,  and  he  may  authorize  and  empower  the 
head  of  a  department  or  officer  responsible  to  him  to  appoint 
and  remove  subordinates  in  such  department  or  office.  All 
such  appointments  shall  be  without  definite  term  unless  made 
for  a  provisional,  temporary,  or  emergency  service  not  to  ex- 
ceed the  maximum  limits  which  may  be  prescribed  by  the 
merit  plan. 

17.  Non-interference  by  the  Council.  It  is  the  intention 
of  this  charter  that  the  council  shall  act  in  all  matters  as  a 
body,  and  it  is  contrary  to  the  spirit  of  this  charter  for  any  of 
its  members  to  seek  individually  to  influence  the  official  acts 
of  the  mayor,  or  any  other  officer,  or  to  direct  or  request  the 
appointment  of  any  person  to,  or  his  removal  from  office ;  or  to 
interfere  in  any  way  with  the  performance  by  such  officers  of 
their  duties.  The  council  and  its  members  shall  deal  with  the 
administrative  service  solely  through  the  mayor  and  shall  not 
give  orders  to  any  subordinates  of  the  mayor  either  publicly 
or  privately.  Nothing  herein  contained  shall  prevent  the 
council  from  appointing  committees  of  its  own  members  or  of 
citizens  to  conduct  investigations  into  the  conduct  of  any  office 
or  department,  or  any  matter  relating  to  the  welfare  of  the 
municipality,  and  delegating  to  such  committee  such  powers 
of  inquiry  as  the  council  may  deem  necessary.  Any  council- 
man violating  the  provisions  of  this  section  shall  upon  con- 
viction thereof  in  a  court  of  comi^etent  jurisdiction  forfeit  his 
office. 

18.  Appointive  Offices.  The  mayor,  subject  to  confir- 
mation by  a  majority  vote  of  the  city  council,  shall  appoint  a 


1949]  Chapter  430  673 

treasurer,  a  superintendent  of  water  works,  three  assessors, 
not  more  than  two  of  the  same  political  party,  a  fire  chief,  a 
health  officer,  a  city  solicitor,  overseer  of  the  poor,  tax 
collector,  and  such  other  officers  as  may  be  necessary  to 
administer  all  departments  which  the  council  shall  establish. 
There  shall  also  be  appointed  and  confirmed  by  the  council  a 
qualified  person  as  director  of  public  works  whose  duties  shall 
be  to  have  charge,  management  and  control  of  the  building, 
construction,  oiling,  sprinkhng,  repairing  and  maintaining  of 
all  the  streets,  bridges,  highways,  lanes,  alleys,  sidewalks, 
public  sewers  and  drains,  and  city  farm  buildings,  gravel  banks 
and  lands  and  buildings  used  in  connection  therewith,  and  such 
other  lands  as  are  not  used  by  any  other  department  and  be- 
longing to  the  said  city  of  Dover.  He  shall  also  have  charge 
of  collection  of  garbage.  The  director  of  public  works  shall 
also  have  charge  of  the  park  department.  The  powers  and 
duties  of  other  officers  and  heads  of  departments  appointed  by 
the  mayor  shall  be  those  prescribed  by  state  law,  by  this 
charter  or  by  ordinance. 

19.  Department;  Administrative  Code.  The  city  shall 
have  a  department  of  administration  headed  by  the  mayor,  and 
such  other  departments,  divisions  and  bureaus  as  the  council 
may  establish  by  ordinance.  It  shall  be  the  duty  of  the  first 
mayor  elected  under  the  provisions  of  this  charter  to  draft 
and  submit  to  the  council,  within  six  months  after  assuming 
office,  an  ordinance  providing  for  the  division  of  the  adminis- 
trative service  of  the  city  into  departments,  divisions  and 
bureaus,  and  defining  the  functions  and  duties  of  each.  Sub- 
sequent to  the  adoption  of  such  ordinance,  upon  recommend- 
ation of  the  mayor,  the  council  by  ordinance  may  create,  con- 
solidate or  abolish  departments,  divisions  and  bureaus  of  the 
city  and  define  or  alter  their  functions  and  duties.  The  com- 
pilation of  such  ordinances  shall  be  known  as  the  "Administra- 
tive Code."  Each  officer  shall  have  supervision  and  control  of 
his  department  and  of  the  employees  therein  and  shall  have 
power  to  prescribe  rules  and  regulations,  not  inconsistent  with 
general  law,  this  charter,  the  administrative  code,  and  the  pro- 
visions of  the  merit  plan.  Prior  to  adoption  of  the  adminis- 
trative code  the  mayor  shall  have  the  power  to  establish 
temporary  rules  and  regulations  to  insure  economy  and 
efficiency  in  the  several  divisions  of  the  city  government. 


674  Chapter  430  [1949 

20.  Purchasing  Procedure.  The  administrative  code 
shall  establish  a  centralized  purchasing  and  contract  system, 
including  the  combination  of  purchasing  of  similar  articles  for 
different  departments,  and  purchasing  by  competitive  bids 
whenever  practical.  The  mayor  shall  be  charged  with  the 
administration  of  the  system  so  established. 

III.  School  Committee 

21.  School  Committee.  There  shall  be  a  school  commit- 
tee for  said  city,  to  consist  of  five  elective  members,  together 
with  the  mayor  of  said  city,  who  shall,  ex-officio,  be  a  member 
thereof,  but  who  shall  have  the  right  to  cast  a  vote  only  in  case 
of  a  tie  in  any  vote,  resolution,  or  other  question  before  said 
committee.  At  the  first  election  held  in  accordance  with  this 
charter  said  five  school  committee  members  shall  be  elected 
at  large  by  the  voters  of  the  city  of  Dover,  the  three  candidates 
receiving  the  largest  number  of  votes  at  said  election  shall 
serve  for  a  term  of  four  years  each,  and  the  candidates  re- 
ceiving the  fourth  and  fifth  largest  number  of  votes  shall  serve 
for  a  term  of  two  years  each;  the  terms  of  such  five  elected 
members  shall  begin  on  the  first  Wednesday  of  January  next 
following;  at  each  biennial  municipal  election  thereafter,  a 
sufficient  number  of  members  shall  be  elected  at  large  to  fill 
the  terms  expiring  on  the  first  Wednesday  of  January  of  the 
year  following  said  election,  and  the  members  so  elected  shall 
serve  for  terms  of  four  years  each,  beginning  on  said  first 
Wednesday  of  January.  Provided,  however,  that  no  political 
party  caucus,  primaries  or  convention  shall  nominate  any 
candidate  for  said  school  committee,  and  the  names  of  candi- 
dates for  school  committee  shall  appear  on  the  ballots  without 
any  political  designation  whatsoever;  and  provided  further, 
that  the  ballot  for  school  committee  shall  contain  the  names 
only  of  such  residents  of  Dover  as  shall  have  filed  with  the  city 
clerk,  not  less  than  thirty  days  before  the  date  of  the  biennial 
municipal  election,  a  written  notice  of  intention  to  be  a  candi- 
date at  such  election.  Vacancies  occurring  in  said  school  com- 
mittee from  any  cause  shall  be  filled  by  majority  vote  of  the 
council  for  the  unexpired  term. 

IV.  Public  Cemeteries 

22.  Public  Cemeteries;  Trustees.  The  control  and  man- 
agement of  the  public  cemeteries  in  the  city  of  Dover  shall  be 


1949]  Chapter  430  676 

vested  in  a  board  of  five  trustees  of  which  the  mayor  shall  be 
a  member  ex-officio.  On  the  first  Wednesday  of  January 
following  the  adoption  of  this  charter,  the  mayor  and  council 
shall  elect  five  trustees  as  follows:  one  for  five  years,  one  for 
four  years,  one  for  three  years,  one  for  two  years  and  one  for 
one  year,  and  each  year  thereafter  shall  elect  one  trustee  for 
a  term  of  five  years.  Any  vacancy  shall  be  filled  in  the  same 
manner  for  the  unexpired  term.  There  shall  be  no  more  than 
three  of  said  trustees  who  are  members  of  the  same  political 
party. 

23.  Powers  and  Duties.  The  board  of  trustees  shall  re- 
ceive, hold  and  expend  the  appropriations  made  by  the  city 
for  its  public  cemeteries,  and  shall  appoint  a  superintendent 
and  make  all  rules  and  regulations  governing  the  cemeteries. 
They  shall  also  receive,  hold  and  expend  the  funds  that 
arise  from  the  sale  of  any  cemetery  lots,  and  the  income  of 
money  given,  bequeathed,  or  devised  to  the  city  or  any  public 
cemetery,  for  the  beautifying  and  improvement  of  the  same  or 
such  parts  thereof  as  may  be  designated.  Said  trustees  shall 
serve  without  pay.  They  shall  enlarge  any  public  cemetery 
whenever  they  deem  it  wise  or  necessary,  and  for  that  purpose 
they  may  from  time  to  time,  take,  purchase  and  hold  real 
estate  for  the  city.  If  the  said  board  of  trustees  are  unable 
to  purchase  any  land  they  may  deem  necessary  to  make  addi- 
tions to,  or  enlargement  of,  the  public  cemeteries  at  a  price 
which  they  think  reasonable,  they  may  apply  to  the  county 
commissioners  for  the  county  of  Strafford  to  assess  damages 
on  the  land  taken  by  them  therefor,  and  said  commissioners 
after  notice  to  the  parties  and  hearing,  shall  assess  the  value 
of  said  land  so  taken  and  award  damages  therefor,  which 
assessment  shall  be  in  writing,  and  filed  in  the  office  of  the 
city  clerk  for  said  city,  as  soon  as  may  be  after  the  same  is 
completed,  and  upon  payment  or  tender  to  the  party  whose 
land  is  so  taken,  the  right  of  said  board  of  trustees  to  the  same 
shall  become  vested  and  complete;  but  said  party  shall  have 
the  same  right  of  appeal  from  said  award  to  the  superior  court 
as  exists  in  the  case  of  land  taken  for  highways  by  action  of 
said  commissioners. 

24.  Deed  of  Trust.  The  trustees  may  receive  from  the 
owners  of  lots  a  deed  of  trust  which  may  be  so  written  as  to 


676  Chapter  430  [1949 

forever  prevent  any  sale  or  exchange  of  said  lot,  by  any  heir 
at  law,  or  any  other  person. 

V.     Public  Library 

25.  Public  Library;  Trustees.  The  control  of  the  Dover 
public  library,  the  appointment  of  librarian,  the  determination 
of  the  salary  of  the  librarian,  and  the  entire  management  of 
the  affairs  of  the  library,  shall  be  vested  in  a  board  of  five 
trustees,  of  which  the  mayor  shall  be  a  member,  ex-officio.  On 
the  first  Wednesday  of  January  following  the  adoption  of  this 
charter,  the  mayor  and  council  shall  elect  five  trustees  as 
follows:  one  for  five  years,  one  for  four  years,  one  for  three 
years,  one  for  two  years  and  one  for  one  year,  and  each  year 
thereafter  shall  elect  one  trustee  for  five  years.  No  more 
than  three  of  said  trustees  shall  be  of  the  same  political  party. 
Any  vacancy  shall  be  filled  in  the  same  manner,  but  only  for 
the  unexpired  term  of  the  trustee  whose  place  is  thus  filled. 
No  member  of  the  city  councils  shall  be  eligible  as  a  trustee. 

26.  Regulations;  Report.  The  board  of  trustees  shall 
establish  all  regulations  relating  to  the  library,  and  purchase 
and  use  of  books,  and  may  prosecute  in  the  name  and  at  the 
expense  of  the  city  any  person  who  may  violate  any  of  the  said 
regulations.  They  shall  report  annually  to  the  city,  the  state 
of  the  library,  and  render  an  account  of  the  expenditures  of 
all  funds  entrusted  to  their  care. 

27.  Free.  The  Dover  public  library  shall  be  open  to  the 
free  use  of  every  inhabitant  of  the  city,  subject  to  such  rules 
and  regulations  as  may  be  established  by  the  trustees. 

VI.     Wentworth  Hospital  and  Dover  City  Hospital 

28.  Wentworth  Hospital  and  Dover  City  Hospital; 
Trustees.  The  city  of  Dover  is  hereby  authorized  to  do  and 
perform  any  and  all  acts  necessary  to  maintain  the  Wentworth 
hospital  agreeably  to  the  terms  and  conditions  imposed  in  the 
deed  of  trust  creating  such  hospital.  The  mayor  subject  to 
confirmation  of  the  council,  shall  appoint  five  trustees,  one  for 
five  years,  one  for  four  years,  one  for  three  j^ears,  one  for  two 
years  and  one  for  one  year,  and  each  year  thereafter  shall 
elect  one  trustee  for  five  years.  No  more  than  three  of  said 
trustees  shall  be  of  the  same  political  party.  If  a  vacancy 
occurs  the  mayor  shall  appoint,  subject  to  the  confirmation  of 
the  council,  some  person  to  fill  said  vacancy  for  the  unexpired 


1949]  Chapter  430  677 

term.  Said  mayor  and  council  may  remove  any  member  of 
said  board  of  hospital  trustees  at  any  time  for  cause,  upon 
charges  duly  filed  with  the  clerk  of  said  city  and  upon  a  full 
hearing-  thereon;  provided,  however,  that  no  member  of  said 
board  shall  be  removed  except  upon  the  affirmative  vote  of 
two-thirds  of  all  the  members  of  said  board  of  mayor  and 
council,  voting  by  yea  and  nay.  The  mayor  shall  be  a  member, 
ex-officio,  with  all  the  rights  and  privileges  of  his  associates  on 
the  board. 

The  city  of  Dover  is  also  hereby  authorized  to  construct 
and  do  and  perform  any  and  all  acts  necessary  to  establish  and 
maintain  a  Dover  city  hospital.  The  board  of  trustees  of  said 
Dover  city  hospital  shall  consist  of  the  members  of  the  board 
of  trustees  of  the  Wentworth  hospital  and  shall  be  elected  and 
hold  office  as  provided  in  the  preceding  paragraph. 

29.  Organization;  Powers.  In  the  month  of  January, 
annually,  said  board  shall  organize  and  choose  one  of  its 
members  as  chairman,  and  shall  also  choose  a  clerk  who  may 
be  one  of  said  trustees ;  said  board  may  choose  a  treasurer,  who 
shall  file  with  said  board  such  bond  and  receive  such  salary  as 
said  trustees  shall  determine.  Said  board  of  hospital  trustees 
may  purchase  such  land  as  may  be  necessary  and  shall  have 
full  charge,  management  and  control  of  the  erection,  equip- 
ment and  management  of  such  building  or  buildings  as  may 
be  necessary  to  carry  into  effect  the  purposes  of  this  act ;  may 
employ  and  fix  the  compensation  of  such  agents  as  they  shall 
deem  expedient,  and  remove  any  of  said  agents  at  pleasure, 
and  make  necessary  and  reasonable  rules  and  regulations  for 
their  own  government  and  for  the  control  and  management  of 
all  property,  real  or  personal,  connected  with  the  proper  con- 
duct of  said  hospital. 

30.  Control  of  Property.  The  board  of  trustees  shall 
hold  in  trust  all  property  now  bequeathed,  or  hereafter 
acquired  by,  or  bequeathed  or  devised  to,  said  city  for  hospital 
purposes ;  and  the  investment,  use,  disposition,  and  expenditure 
of  the  same,  and  the  income  thereof,  shall  be  within  the  sole 
control  and  discretion  of  said  board  of  trustees,  and  the  same 
being  in  the  nature  of  a  public  charity  shall  be  exempt  from 
taxation. 

31.  Right  of  Eminent  Domain.  If  the  said  board  of 
trustees  are  unable  to   purchase  any  land  they  may   deem 


678  Chapter  430  [1949 

necessary  for  hospital  purposes  at  a  price  which  they  think 
reasonable,  they  may  take  the  same  and  apply  to  the  county 
commissioners  for  the  county  of  Strafford  to  assess  damages 
upon  any  land  which  they  so  desire  to  so  take;  and  said  com- 
missioners after  notice  of  the  parties  and  hearing,  shall  assess 
the  value  of  said  land  so  taken,  and  award  damages  therefor, 
which  assessment  shall  be  in  writing  and  filed  in  the  office  of 
the  city  clerk  of  said  city  as  soon  as  may  be  after  the  same  is 
completed ;  and  upon  the  payment  or  tender  to  the  party  whose 
land  is  so  taken,  the  right  of  said  board  of  trustees  to  the  same 
shall  become  vested  and  complete;  but  said  party  shall  have 
the  right  of  appeal  as  in  the  case  of  land  taken  for  highways  by 
action  of  said  commissioners. 

32.  Report.  The  said  board  shall  annually,  in  the  month 
of  December,  make  a  detailed  report  of  all  matters  pertaining 
to  said  hospital  to  the  city  councils,  and  the  city  councils  are 
authorized  to  appropriate  such  sums  of  money  from  time  to 
time  for  the  maintenance  of  said  hospital  as  in  their  judgment 
may  be  necessary. 

VII.     Police  Department 

33.  Police  Commission.  (a)  On  or  before  December 
first,  following  the  adoption  of  this  charter,  the  governor  shall 
with  the  advice  and  approval  of  the  council,  appoint  and  com- 
mission for  the  city  of  Dover  a  police  commission  consisting  of 
three  persons,  one  of  whom  shall  hold  office  for  one  year,  one 
for  two  years  and  one  for  three  years  from  the  first  Wednes- 
day in  January,  following  the  adoption  of  this  charter,  or  un- 
til their  successors  are  duly  appointed  and  qualified.  Said 
commissioners  shall  have  been  residents  of  the  city  at  least 
five  years  immediately  preceding  the  date  of  their  appoint- 
ment. Not  more  than  two  of  said  commissioners  shall  be  of 
the  same  political  party.  The  governor  shall,  annually  on  or 
before  the  first  day  of  December  thereafter,  with  the  advice 
and  approval  of  the  council,  appoint  and  commission  one  com- 
missioner, who  shall  succeed  the  one  whose  term  expires  and 
who  shall  serve  for  three  years  from  the  first  Wednesday  in 
January  unless  sooner  removed  as  hereinafter  provided,  and 
any  vacancy  in  said  board  shall  be  filled  in  the  same  manner 
for  the  unexpired  term. 


1949]  Chapter  430  679 

(b)  The  governor  with  the  advice  and  approval  of  the 
council  shall  have  full  power  to  remove  any  commissioner  at 
any  time. 

(c)  It  shall  be  the  duty  of  said  police  commissioners  to 
appoint  such  police  officers,  constables  and  superior  officers,  as 
they  may  in  their  judgment  deem  necessary,  and  to  fix  their 
compensation. 

(d)  The  compensation  of  the  police  commissioners  shall 
be  fixed  by  the  city  council. 

(e)  The  police  commissioners  shall  have  authority  to  re- 
move any  officer  at  any  time  for  just  cause  and  after  due  hear- 
ing, which  cause  shall  be  specified  in  the  order  of  removal. 

(f)  The  police  commissioners  shall  have  full  power  to 
make  all  rules  and  regulations  for  the  government  of  the  police 
force  and  to  enforce  said  rules  and  regulations. 

VIII.     Finance 

34.  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city 
shall  begin  on  the  first  day  of  January  unless  another  date 
shall  be  fixed  by  ordinance. 

35.  Financial  Control.  The  mayor  shall  appoint  an 
officer  other  than  the  treasurer  who  shall  maintain  accounting 
control  over  the  finances  of  the  city,  make  financial  reports, 
and  perform  such  other  duties  as  may  b6  required  by  the  ad- 
ministrative code.  He  shall  audit  and  approve  all  authorized 
claims  against  the  city  before  authorizing  payment  thereof. 

36.  Budget  Procedure.  At  such  time  as  may  be 
requested  by  the  mayor  or  specified  by  the  administrative 
code,  each  officer  or  director  of  a  department  shall  submit  an 
itemized  estimate  of  the  expenditures  for  the  next  fiscal  year 
for  the  department  or  activities  under  his  control.  The  mayor 
shall  submit  the  proposed  budget  to  the  council  on  the  second 
Thursday  of  February. 

37.  Budget  Hearing.  A  public  hearing  on  the  budget 
shall  be  held  before  its  final  adoption  by  the  council,  at  such 
time  and  place  as  the  council  shall  direct,  and  notice  of  such 
public  hearing  together  with  a  copy  of  the  budget  as  submitted 
shall  be  posted  in  two  public  places,  and  published  once  at  least 
one  week  in  advance  by  the  city  clerk. 

38.  Adoption  of  Budget.  The  council  may  reduce  any 
item  or  items  in  the  mayor's  budget  by  a  vote  of  a  majority  of 


680  Chapter  430  [1949 

the  council,  but  an  increase  in  or  addition  of  an  item  or  items 
therein  shall  become  effective  only  upon  an  affirmative  vote  of 
two-thirds  of  the  members  of  the  council.  The  budget  shall 
be  finally  adopted  not  later  than  the  first  day  of  tlie  third 
month  of  the  fiscal  year. 

39.  Transfer  of  Appropriations.  After  the  budget  has 
been  adopted,  no  money  shall  be  drawn  from  the  treasury  of 
the  city,  nor  shall  any  obligation  for  the  expenditure  of  money 
be  incurred,  except  pursuant  to  a  budget  appropriation  unless 
there  shall  be  a  specified  appropriation  therefor  specifying  the 
source  from  which  the  funds  shall  come.  Except  as  otherwise 
provided  in  this  charter  the  council  may  transfer  any  un- 
encumbered appropriation  balance  or  any  portion  thereof  from 
one  department,  fund,  or  agency,  to  another. 

40.  Depositorj\  The  council  shall  designate  the  de- 
pository or  depositories  for  city  funds,  and  shall  provide  for 
the  daily  deposit  of  all  city  moneys.  The  council  may  provide 
for  such  security  for  city  deposits  as  it  may  deem  necessary, 
except  that  personal  surety  bonds  shall  not  be  deemed  proper 
security. 

41.  Independent  Audit.  An  independent  audit  shall  be 
made  of  all  accounts  of  the  city  government  at  least  annually 
and  more  frequently  if  deemed  necessary  by  the  council.  Such 
audit  shall  be  made  by  qualified  public  accountants  experienced 
in  municipal  accounting  and  appointed  by  the  council.  An 
abstract  of  the  results  of  such  audit  shall  be  made  public.  An 
annual  report  of  the  city's  business  sliall  be  made  available  in 
such  form  as  will  disclose  pertinent  facts  concerning  the 
activities  and  finances  of  the  city  government. 

42.  Official  Bonds.  Any  city  officer  elected  or  appointed 
by  authority  of  this  charter  may  be  required  by  the  council  to 
give  a  bond  to  be  approved  by  the  city  solicitor  for  the  faith- 
ful performance  of  the  duties  of  his  office,  but  all  officers  re- 
ceiving or  disbursing  city  funds  shall  be  so  bonded.  All 
official  bonds  shall  be  corporate  surety  bonds,  and  the 
premiums  thereon  shall  be  paid  by  the  city.  Such  bonds  shall 
be  filed  with  the  city  clerk. 

43.  Borrowing  Procedure.  Subject  to  the  apphcable 
provisions  of  state  law  and  the  rules  and  regulations  provided 
by  ordinance  in  the  administrative  code,  the  council,  by  reso- 
lution, may  authorize  the  borrowing  of  money  for  any  purpose 


1949]  Chapter  430  681 

within  the  scope  of  the  powers  vested  in  the  city  and  the 
issuance  of  bonds  of  the  city  or  other  evidence  of  indebtedness 
therefor,  and  may  pledge  the  full  faith,  credit  and  resources 
of  the  city  for  the  payment  of  the  obligation  created  thereby. 
Borrowing  for  a  term  exceeding  one  year  shall  be  authorized 
by  the  council  only  after  a  duly  advertised  public  hearing. 

IX.    Personnel  Administration 

44.  Merit  Plan.  Appointments  and  promotions  to  all 
positions  in  the  service  of  the  city  shall  be  made  solely  on  the 
basis  of  merit  and  only  after  examination  of  the  applicants' 
fitness.  The  first  mayor  shall  draft  and  submit  to  the  council 
within  six  months  after  assuming  office  an  ordinance  provid- 
ing for  the  establishment  of  a  merit  system  of  personnel 
administration.  Such  ordinance  shall  include  provisions  with 
regard  to  classification,  compensation,  selection,  training,  pro- 
motion, discipHne,  vacations,  retirement  and  any  other  matters 
necessary  to  the  maintenance  of  eflficient  service  and  the  im- 
provement of  working  conditions  of  such  ordinance.  With 
reasonable  dispatch  thereafter  the  council  shall  enact,  amend 
or  revise  the  ordinance  so  submitted,  but  in  any  event  the 
council  shall  enact  a  merit  plan  which  embodies  the  provisions 
herein  required.  It  shall  be  the  duty  of  the  mayor  to 
administer  the  merit  plan  so  enacted.  He  may  submit  re- 
visions of  the  merit  plan  to  the  council  from  time  to  time  as 
changes  in  conditions  and  circumstances  in  the  city  service 
justify. 

45.  Personnel  Advisory  Board.  There  is  hereby  estab- 
lished a  personnel  advisory  board  of  three  citizens  holding  no 
other  public  oflSce  and  appointed  by  the  mayor,  subject  to  the 
approval  of  a  majority  of  the  council.  The  term  of  each 
member  shall  be  for  three  years  and  until  his  successor  is 
appointed  and  qualified,  provided,  however,  that  in  the  case 
of  first  appointments,  one  member  shall  be  appointed  for  one 
year,  one  for  two  years  and  one  for  three  years.  Vacancies 
shall  be  filled  for  the  remainder  of  any  term  in  the  same 
manner  as  the  original  appointment.  It  shall  be  the  duty  of 
the  personnel  advisory  board  to  study  the  broad  problems  of 
personnel  policy  and  administration,  to  advise  the  council  con- 
cerning the  personnel  policies  of  the  city  and  the  mayor  re- 
garding the  administration  of  the  merit  plan,  and  to  hear 


682  Chapter  430  [1949 

appeals  from  any  employee  aggrieved  as  to  the  status  or  con- 
dition of  his  employment.  The  council  shall  issue  written  re- 
ports containing  findings  of  fact  and  recommendations  to  the 
mayor  upon  such  appeals.  But  the  council  shall  have  no 
power  to  reinstate  an  employee  unless  it  finds,  after  investi- 
gation, that  disciplinary  action  was  taken  against  the  em- 
ployee for  religious,  racial  or  political  reasons. 

46.  Retirements.  The  merit  plan  may  contain  pro- 
visions for  a  system  for  the  retirement  of  any  city  employee 
who  shall  have  attained  an  age  or  condition  of  health  which 
warrants  retirement  from  further  service.  Any  such  plan 
shall  provide  payments  to  retired  employees  only  as  additional 
compensation  for  services  rendered  after  the  inauguration  of 
such  plan  and  before  retirement. 

X.     Special  Assessments 

47.  Council  Resolution.  The  council  shall  have  power  to 
determine  that  the  whole  or  any  part  of  the  expense  of  any 
public  improvement  shall  be  defrayed  by  special  assessments 
upon  the  property  especially  benefited  and  shall  so  declare  by 
resolution.  Such  resolution  shall  state  the  estimated  cost  of 
the  improvement,  what  proportion  of  the  cost  thereof  shall  be 
paid  by  special  assessments,  and  what  part,  if  any,  shall  be  a 
general  obligation  of  the  city,  the  number  of  installments  in 
which  assessments  may  be  paid,  and  shall  designate  the  dis- 
tricts or  land  and  premises  upon  which  special  assessments 
shall  be  levied. 

48.  Procedure  Fixed  by  Ordinance.  The  council  shall 
prescribe  by  general  ordinance  complete  special  assessment 
procedure  concerning  plans  and  specifications,  estimate  of 
costs,  notice  and  hearing,  the  making  of  assessment  roll  and 
correction  of  errors,  the  collection  of  special  assessments,  and 
other  matters  concerning  the  making  of  improvements  by  the 
special  assessment  method. 

XI.     Miscellaneous  Provisions 

50.  Oath  of  Office.  Every  person  elected  or  appointed  to 
any  city  office  before  entering  upon  the  duties  of  his  office  shall 
take  and  subscribe  to  an  oath  of  office,  as  provided  by  law, 
which  shall  be  filed  and  kept  in  the  office  of  the  city  clerk. 

51.  Notice  of  Election  or  Appointment.  Written  notice 
of  election  or  appointment  of  any  city  officer  shall  be  mailed  to 


1949]  Chapter  430  683 

him  at  his  address  by  the  city  clerk  within  forty-eight  hours 
after  the  appointment  is  made  or  the  vote  canvassed.  If  with- 
in ten  days  from  the  date  of  the  notice,  such  officer  shall  not 
take,  subscribe  to  and  file  with  the  city  clerk  an  oath  of  office, 
such  neglect  shall  be  deemed  a  refusal  to  serve  and  the  oflfice 
shall  thereupon  be  deemed  vacant,  unless  the  council  shall 
extend  the  time  in  which  such  officer  may  qualify. 

52.  Vacaincy  Defined.  In  addition  to  other  provisions  of 
this  charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office 
when  an  officer  dies,  resigns,  is  removed  from  office,  moves 
from  the  city,  is  convicted  of  a  felony  or  judicially  declared  to 
be  mentally  incompetent. 

53.  Official  Interest  in  Contracts.  No  officer  or  employee 
of  the  city  shall  take  part  in  a  transaction  or  decision  in  which 
he  has  a  financial  interest  (aside  from  his  salary  as  such  oflflcer 
or  employee) ,  direct  or  indirect,  greater  than  any  other  citizen 
or  taxpayer.  No  councilman  or  school  committee  member  or 
mayor  or  any  firm  of  which  any  such  person  is  a  member  or 
employee  shall  sell  material  or  services  to  the  city. 

54.  Private  Use  of  Public  Property.  No  officer  or  em- 
ployee shall  devote  any  city  property  or  labor  to  private  use 
except  as  may  be  provided  by  law  or  ordinance. 

55.  Liability  for  Discharge.  The  removal  in  accordance 
with  this  charter  with  or  without  cause  of  a  person  elected  or 
appointed  or  otherwise  chosen  for  a  fixed  term  shall  give  no 
right  or  action  for  breach  of  contract  or  otherwise. 

56.  Notice  of  Claim.  No  action  at  law  or  bill  in  equity 
shall  be  sustained  against  the  city  unless  a  notice  setting  forth 
the  nature  and  amount,  if  any,  of  the  claim  shall  have  been  de- 
livered or  sent  by  registered  mail  to  the  office  of  the  city  clerk 
not  less  than  sixty  days  prior  to  the  commencement  of  said 
action  at  law  or  bill  in  equity. 

57.  Municipal  Court.  The  municipal  court  of  the  city  as 
at  present  constituted  is  hereby  continued. 

•  58.  Violations.  All  violations  of  provisions  of  this 
charter,  unless  otherwise  provided,  are  hereby  declared  mis- 
demeanors and  all  such  violations  and  all  violations  of  city 
ordinances  for  which  no  other  punishment  is  provided,  shall  be 
punishable  by  a  fine  not  exceeding  five  hundred  dollars  or  im- 
prisonment for  a  period  not  exceeding  ninety  days,  or  both,  in 
the  discretion  of  the  court. 


684  Chapter  430  [1949 

59.  Public  Records.  All  records  of  the  city  shall  be 
public  and  shall  be  available  at  any  time  during  business  hours, 
on  request. 

59-a.  Bills.  Whenever  practical  all  purchases  made  by 
the  city  and  by  the  school  department  shall  be  by  sealed  bids 
but  in  no  case  shall  purchases  of  over  fifty  dollars  be  made 
without  such  sealed  bids. 

59 -b.  Sale  by  City.  All  sale  of  city  owned  property  shall 
be  by  public  auction  with  notice  of  such  sales  published  in  the 
Dover  Daily  Democrat,  or  any  other  city  of  Dover  newspaper, 
for  at  least  three  successive  days,  and  at  least  one  week  before 
said  sale. 

60.  Trust  Funds.  Trust  funds,  except  where  otherwise 
provided  by  the  instrument  creating-  such  trust,  shall  be  kept 
separate  and  apart  from  all  other  funds  and  shall  be  invested 
by  the  treasurer  in  investments  from  time  to  time  legal  for 
mutual  savings  banks  in  the  state  of  New  Hampshire. 

XII.     Saving  Clause 

61.  Saving  Clause.  So  much  of  the  previous  charter  of 
the  city  and  of  laws  passed  in  amendment  or  supplement  there- 
of, as  are  in  force  when  this  act  is  adopted  relative  to  the 
constitution  and  bounds  of  its  several  wards,  its  school  dis- 
tricts and  sewer,  lighting,  and  other  special  precincts  and  their 
government  and  affairs,  municipal  court,  and  to  the  borrowing 
of  money  in  aid  of  its  school  districts,  is  hereby  continued  in 
force,  with  the  exception  of  such  provisions  as  are  inconsist- 
ent with  this  charter ;  and  all  special  legislation  relative  to  the 
government  of  the  city  shall  remain  in  force  in  the  city  so  far 
as  the  same  can  be  applied  consistently  with  the  intents  and 
purposes  of  this  charter,  but  shall  be  deemed  superseded  as  to 
this  city  so  far  as  inconsistent  herewith.  Existing  ordinances 
and  other  municipal  regulations  shall  remain  in  force  so  far 
as  the  same  can  be  applied  consistently  with  the  intents  and 
purposes  of  this  charter,  but  are  hereby  annulled  so  far  as 
inconsistent  herewith.  In  all  existing  laws,  ordinances,  and 
regulations  hereby  saved,  references  to  the  city  councils, 
board  of  mayor  and  aldermen,  or  other  bodies  or  officers  hereby 
abolished  and  superseded,  or  to  bodies  or  officers  whose  con- 
stitution or  functions  are  hereby  altered,  shall  be  taken  to 
mean  the  body  or  officer  upon  whom  jurisdiction  of  the  matter 


1949]  Chapter  431  685 

in  question  is  conferred  by  this  charter  or  by  the  administra- 
tive code. 

62.  Teniure  of  Office.  When  this  charter  takes  effect,  the 
encumbents  of  all  municipal  offices  who  are  not  elected  by 
popular  vote  and  whose  offices  are  not  hereby  abolished  or 
superseded  shall,  subject  to  the  provisions  of  section  1,  con- 
tinue to  hold  the  same  until  the  expiration  of  their  respective 
terms  where  a  term  of  years  exists,  or  until  such  offices  are 
abolished  or  superseded  by  lawful  ordinances. 

63.  Sepai^abiUty.  The  sections  of  this  charter  and  the 
parts  thereof  are  separable.  If  any  portion  of  this  charter,  or 
the  application  thereof  to  any  person  or  circumstance,  shall 
be  held  invalid  the  remainder  thereof  or  the  application  of 
such  portions  to  other  persons  or  circumstances  shall  not  be 
affected  thereby. 

3.     Takes  Effect.     Section  1  of  this  act  shall  take  effect 
upon  its  passage,  and  section  2  shall  take  effect  only  as  pro- 
vided in  sections  1  and  2. 
[Approved  July  6,  1949.] 


CHAPTER  431. 


AN  ACT  TO  AUTHORIZE  THE  CONSTRUCTION  AND  FINANCING  OF  A 
SEWER  SYSTEM  BY  THE  TOWN  OF  MEREDITH. 

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

1.  Authorization.  The  town  of  Meredith  is  hereby  author- 
ized and  empowered  to  construct  and  maintain  such  sewer 
system  and  sewage  treatment  and  disposal  plant  as  it  may 
deem  necessary  to  comply  with  the  requirements  of  the  state 
water  pollution  commission  and  the  state  board  of  health 
relative  thereto.  Said  town  may  determine  whether  the  cost 
of  construction  of  said  system  and  plant  shall  be  amortized  by 
sewer  assessments,  sewer  rentals,  general  taxation  or  any  com- 
bination of  said  methods.  The  selectmen,  in  making  any 
assessments  hereunder  for  the  purpose  of  amortizing  con- 
struction costs,  may  assess  the  same  to  be  paid  in  annual  in- 
stallments extending  over  a  period  not  exceeding  thirty  years. 

2.  Bonds    or   Notes.     The   town    of  Meredith   is   hereby 


686  Chapter  432  [1949 

authorized  and  empowered  to  issue  on  the  credit  of  the  town 
serial  notes  or  bonds,  for  the  purpose  of  raising  funds  to  con- 
struct such  sewer  system  and  sewage  treatment  and  disposal 
plant  or  any  part  thereof,  to  an  amount  not  exceeding  four 
hundred  fifty  thousand  dollars,  of  which  an  amount  not  exceed- 
ing three  hundred  fifty  thousand  dollars  was  authorized  by  the 
annual  meeting  of  said  town  held  March  9,  1948.  The  serial 
notes  or  bonds  issued  in  accordance  with  the  provisions  hereof 
shall  be  due  and  payable  at  such  times,  not  more  than  thirty 
years  from  their  date  of  issue,  in  such  manner  and  with  such 
provisions  as  the  selectmen  may  determine. 

3.  Proceedings  Legalized.  The  votes  and  proceedings  of 
the  annual  meeting  of  the  town  of  Meredith  held  March  9,  1948 
relating  to  the  construction  of  a  sewer  system  and  sewage  dis- 
posal plant  and  providing  for  the  financing  of  the  same  are 
hereby  legalized,  ratified  and  confirmed. 

4.  Application  of  Laws.  Except  as  hereinbefore  otherwise 
provided,  the  provisions  of  part  22,  chapter  90  of  the  Re- 
vised Laws,  as  inserted  by  chapter  188  of  the  Laws  of  1945, 
relative  to  sewers,  and  the  provisions  of  chapter  72,  Revised 
Laws,  as  amended,  relative  to  municipal  bonds,  shall  apply  to 
the  sewer  system  and  sewage  treatment  and  disposal  plant  of 
the  town  of  Meredith  and  to  bonds  or  notes  herein  authorized. 

5.  Takes  Effect.  This  act  shall  take  eft'ect  upon  its 
passage. 

[Approved  July  6,  1949.] 


CHAPTER  432. 

AN  ACT  RELATIVE  TO  THE  CHARTER  OF  THE  CITY  OF  DOVER. 

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

1.  City  of  Dover.  Amend  section  14  of  chapter  385  of  the 
Laws  of  1947  by  striking  out  the  last  sentence  so  that  said 
section  as  amended  shall  read  as  follows:  14.  General 
Powers.  Except  as  herein  otherwise  provided,  the  council 
hereby  established  shall  have  all  the  powers  and  discharge  all 
the  duties  conferred  or  imposed  upon  city  councils  in  con- 
vention, city  councils  voting  concurrently  or  boards  of  mayor 


1949]  Chapter  432  687 

and  aldermen  acting  separately,  by  chapters  62  to  66  of  the 
Revised  Laws  or  other  general  laws  now  in  force  or  hereafter 
enacted  or  upon  the  existing  city  councils  or  board  of  mayor 
and  aldermen  of  the  city  of  Dover  by  special  laws  not  hereby 
repealed.  The  council  shall  have  the  powers  of  selectmen  of 
towns  so  far  as  consistent  with  this  charter.  All  provisions 
of  such  laws  pertaining  to  the  powers  or  duties  of  any  or  all 
such  bodies  shall  be  construed  to  apply  to  the  council  hereby 
established  unless  a  contrary  intent  or  provision  herein 
appears,  it  being  the  purpose  of  this  act  to  confer  upon  said 
council  all  functions  of  either  or  both  branches  of  the  existing 
city  councils,  except  such  as  are  specifically  transferred  to  the 
manager.  All  committees  of  the  council  and  all  boards  shall 
be  deemed  advisory  and  policy  making  only  except  as  herein 
otherwise  provided. 

2.  Ratification.  The  election  of  the  school  committee  for 
the  city  of  Dover  held  in  November  1947  is  hereby  legalized, 
ratified  and  confirmed. 

3.  Posting  Budget.  Amend  section  27  of  chapter  385  of 
the  Laws  of  1947  by  striking  out  all  of  said  section  after  the 
word  "direct"  in  the  third  line  and  inserting  in  place  thereof 
the  words,  and  notice  of  such  public  hearing  together  with  a 
copy  of  the  budget  as  submitted  shall  be  posted  in  two  public 
places,  and  published  once,  at  least  one  week  in  advance  by  the 
city  clerk,  so  that  said  section  as  amended  shall  read:  27. 
Budget  Hearing.  A  public  hearing  on  the  budget  shall  be  held 
before  its  final  adoption  by  the  council,  at  such  time  and  place 
as  the  council  shall  direct,  and  notice  of  such  public  hearing 
together  with  a  copy  of  the  budget  as  submitted  shall  be 
posted  in  two  public  places,  and  published  once,  at  least  one 
week  in  advance  by  the  city  clerk. 

4.  Effective  Date  of  Budget.  Amend  chapter  385  of  the 
Laws  of  1947  by  striking  out  section  28  and  inserting  in  place 
thereof,  the  following:  28.  Date  of  Presentation  and 
Adoption.  Not  later  than  the  twenty-seventh  day  of  the  first 
month  of  the  fiscal  year  the  budget  shall  be  presented  to  the 
council  for  action  and  if  such  budget  is  not  acted  upon  by  the 
council  within  thirty  days  after  such  presentation  it  shall 
automatically  become  effective. 

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

[Approved  July  8,  1949.] 


688  Chapters  433,  434  [1949 

CHAPTER  433. 

AN  ACT  CHANGING  THE   NAME   OF  NASHUA  BUILDING  AND  LOAN 

ASSOCIATION  TO  NASHUA  BUILDING  AND  LOAN  OR 

COOPERATIVE  BANK. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
Gen&ral  Court  convened: 

1.  Change  of  Name.  The  name  of  Nashua  Building-  and 
Loan  Association  shall  be  changed  to  Nashua  Building  and 
Loan  or  Cooperative  Bank. 

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

[Approved  July  8,  1949.] 


CHAPTER  434. 

AN  ACT  AMENDING  THE  CHARTER  OF  THE  CITY  OF  CONCORD. 

Be  it  enacted  by  the  Senate  and  Hov^e  of  Representatives  in 
General  Cowt  convened: 

1.  City  of  Concord.  Amend  section  24  of  chapter  305  of 
the  Laws  of  1909  as  amended  by  section  1  of  chapter  299  of 
the  Laws  of  1929  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  Sect.  24.  As  soon  as  may  be 
after  a  mayor  takes  the  oath  of  office,  the  board  of  aldermen 
shall  designate  one  of  the  aldermen-at-large  as  mayor  pro 
tempore  who  shall,  in  the  event  of  the  mayor's  absence  from 
the  city,  or  his  disability  from  sickness  or  other  cause,  for  such 
length  of  time  as  in  the  judgment  of  the  mayor  or  of  the  board 
of  aldermen  renders  such  action  necessary,  thereupon  have  all 
the  powers  and  perform  all  the  duties  of  the  mayor  during  the 
continuance  of  the  latter's  absence  or  disability,  but  shall  not 
thereby  vacate  his  office  as  alderman.  In  case  a  vacancy 
occurs  in  the  office  of  mayor  by  death,  resignation  or  other- 
wise, the  person  designated  as  aforesaid  shall  become  mayor 
for  the  unexpired  term,  and  shall  have  the  same  powers  and 
duties  in  all  respects  as  if  elected  mayor  by  the  people,  and 
upon  his  qualifying  as  mayor  his  office  as  alderman  shall  be 
deemed  to  be  vacant.     The  powers  of  the  i^erson  so  designated 


1949]  Chapter  434  689 

shall  not  extend  by  force  of  such  designation  beyond  the  term 
for  which  the  mayor  for  the  time  being  was  elected.  In  case 
a  disability  or  vacancy  in  the  mayor's  office  shall  occur  before 
the  designation  herein  provided  for  is  made,  the  board  of  alder- 
men may  make  a  designation  of  mayor  pro  tempore  or  mayor, 
as  the  case  may  be,  and  such  designation  shall  thereafter  have 
the  same  effect  as  if  made  before  such  disability  or  vacancy 
arose. 

2.  Vacancies  in  Office;  How  Filled.  Amend  section  25  of 
chapter  305  of  the  Laws  of  1909  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  Sect.  25.  In 
case  a  vacancy  occurs  in  the  office  of  alderman  from  any  cause, 
the  board  of  aldermen  shall  choose  some  duly  qualified  person 
not  already  a  member  of  that  body  to  fill  the  same.  A  person 
so  chosen  in  place  of  an  alderman-at-large  shall  thereby  be- 
come a  member  of  the  board  of  public  works,  but  shall  not  be 
eligible  to  fill  a  vacancy  in  the  office  of  mayor  or  be  chosen 
mayor  pro  tempore  under  the  provisions  of  this 'section;  and 
if  the  alderman-at-large  whose  place  he  takes  was  elected  for 
a  term  extending  beyond  the  fourth  Tuesday  of  January  next 
following  the  first  municipal  election  after  the  occurrence  of 
the  vacancy,  he  shall  serve  only  until  such  municipal  election, 
and  an  additional  alderman-at-large  shall  be  chosen  by  popular 
vote  at  that  election  to  fill  the  vcancy  for  the  remainder  of  such 
term.  Whenever  an  additional  alderman-at-large  is  to  be 
chosen  at  a  municipal  election  by  virtue  of  this  section,  the 
number  of  candidates  for  alderman-at-large  to  be  nominated 
at  the  preceding  primary  shall  be  double  the  total  number  of 
such  aldermen  to  be  chosen  at  such  election,  the  three  candi- 
dates receiving  the  largest  number  of  votes  at  such  election 
shall  be  declared  elected  for  the  full  term  of  four  years,  and  the 
candidate  or  requisite  number  of  candidates  receiving  the  next 
largest  number  of  votes  shall  be  declared  elected  to  fill  the 
vacancy  or  vacancies.  Vacancies  occurring  in  the  office  of 
assessor,  and,  in  case  any  officers  other  than  mayor,  alderman 
and  assessors  shall  be  required  to  be  chosen  by  popular  vote  at 
municipal  elections,  vacancies  occurring  in  such  other  offices, 
shall  be  filled  by  the  board  of  aldermen  for  the  residue  of  the 
unexpired  term,  or  until  the  first  municipal  election  after  the 
occurrence  of  the  vacancy  and  then  by  popular  vote  for  the 


690  Chapters  435,  436  [1949 

balance  of  the  term,  as  above  provided  Goncerriing  vacancies 
in  the  office  of  alderman  and  in  like  manner. 

3.    Takes   Effect.      This    act    shall   take    effect    upon   its 
passage. 
[Approved  July  14,  1949.] 


CHAPTER  435. 


AN  ACT  RELATIVE  TO  BOND  ISSUE  FOR  THE  PITTSBURG 
SCHOOL  DISTRICT. 

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

1.  Proceedings  Ratified.  The  votes  and  proceedings  taken 
by  the  Pittsburg  School  District  at  a  special  meeting  held 
June  21,  1949,  in  so  far  as  they  relate  to  a  change  in  the  pur- 
pose for  a  bond  issue  for  school  pui-poses,  are  hereby  legalized, 
ratified  and  confirmed  and  said  Pittsburg  School  District  is 
authorized  and  empowered  to  use  the  balance  of  the  proceeds 
of  said  bond  issue  for  the  purpose  of  erecting  and  equipping  a 
new  school  building  in  said  district. 

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

[Approved  July  22,  1949.] 


CHAPTER  436. 


AN  ACT  RELATIVE  TO  CAPITAL  RESERVES  FOR  THE  CITY  OF 
MANCHESTER. 

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

1.  Capital  Reserve  Funds.  The  city  of  Manchester  may 
raise  and  appropriate  money  for  the  establishment  of  a  capital 
reserve  fund  for  the  financing  of  all  or  a  part  of  the  cost  of 
(a)  construction,  reconstruction  or  acquisition  of  a  specified 
capital  improvement  or  the  acquisition  of  a  specific  item  or 
items  of  equipment;  or   (b)   the  construction,  reconstruction 


1949]  Chapter  437  69l 

or  acquisition  of  a  type  of  capital  improvement  or  the 
acquisition  of  a  type  of  equipment.  The  authority  granted 
under  this  act  shall  be  exercised  by  the  mayor  and  board  of 
aldermen  only  after  the  adoption  of  a  capital  improvement 
budget  and  program.  There  may  be  paid  into  any  such 
capital  reserve  fund  such  amounts  as  may  be  raised  and  appro- 
priated therefor  but  such  amount  shall  not  exceed,  in  any  one 
year,  one-tenth  of  one  per  cent  of  the  last  assessed  valuation 
of  the  city.  The  mayor  and  board  of  aldermen  may  also  vote 
to  transfer  to  a  capital  reserve  fund  any  of  its  unencumbered 
surplus  funds  at  the  end  of  the  fiscal  year,  but  not  in  excess  of 
twenty-five  thousand  dollars  in  any  twelve-month  period.  Any 
capital  reserve  fund  so  established  shall  be  placed  in  the 
custody  of  the  trustees  of  trust  funds  and  shall  be  kept  in  a 
separate  account.  Such  funds  shall  be  invested  only  by  de- 
posit in  some  savings  bank  or  trust  company  in  this  state,  or 
in  bonds  or  notes  of  this  state.  When  so  invested  in  good  faith 
the  trustees  shall  not  be  liable  for  any  loss  sustained  thereby. 
Any  interest  accruing  or  any  capital  gains  realized  on  money 
so  invested  shall  become  an  integral  part  of  the  fund.  If,  after 
a  capital  reserve  fund  has  been  established  for  a  definite  pur- 
pose, it  becomes  apparent  that  it  is  unnecessary  or  inexpedient 
to  so  expend  the  money,  the  mayor  and  board  of  aldermen  may, 
after  a  public  hearing  and  by  a  three-fourths  vote  of  its  entire 
membership,  transfer  the  unexpended  funds,  in  whole  or  in 
part,  to  some  other  capital  reserve  fund.  No  such  transfer 
shall  take  effect  until  it  shall  have  been  approved  by  the  state 
tax  commission. 

2.     Takes    Effect.      This    act    shall    take    effect    upon    its 
passage. 
[Approved  July  27,  1949.] 


CHAPTER  437. 


AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  ROCKINGHAM  FARMERS 
MUTUAL  FIRE  INSURANCE  COMPANY. 

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

1.     Powers  of  the  Company.     Amend  section  1  of  an  act  to 
incorporate  the  Rockingham  Farmers'  Mutual  Fire  Insurance 


692  Chapter  437  [1949 

Company  approved  June  27,  1833,  as  amended  by  an  act  in 
addition  to  an  act  to  incorporate  the  Rockingham  Farmers 
Mutual  Fire  Insurance  Company  approved  July  19,  1862,  by 
striking  out  the  words  "insuring  their  respective  dwelling 
houses  and  other  buildings,  with  their  contents  against  loss 
or  damage  by  fire,  whether  the  same  shall  happen  by  accident, 
lightning  or  any  other  means,  except  that  of  design  in  the  in- 
sured, or  by  the  invasion  of  an  enemy,  or  insurrection  of  the 
citizens  of  this,  or  any  other  state"  in  said  section  and  insert- 
ing in  place  thereof  the  following,  conducting  the  following 
kinds  of  insurance: — 

I.  On  property  and  rents  and  use  and  occupancy,  against 
loss  or  damage  by  fire,  smoke,  smoke  smudge,  and  lightning 
(whether  such  loss  or  damage  is  caused  by  burning  or  other- 
wise) ;  against  loss  or  damage  by  earthquake,  hail,  flood,  rain, 
or  drouth,  rising  of  the  waters  of  the  ocean  or  its  tributaries, 
windstorm,  or  other  action  of  the  elements;  against  loss  or 
damage  from  insects,  diseases,  or  other  causes  to  trees,  crops, 
or  other  products  of  the  soil;  explosion  (other  than  the  ex- 
plosion of  steam  boilers  or  flywheels)  ;  riot,  strike,  or  civil 
commotion;  war,  sabotage,  bombardment,  invasion,  military  or 
usurped  power;  vandalism  or  malicious  mischief;  impact  by 
aircraft  or  vehicles;  breakage  or  leakage  of  water  pipes  or 
other  conduits  or  containers  or  against  loss  or  damage  by  water 
entering  through  leaks  or  openings  in  buildings;  breakage  or 
leakage  of  apparatus  erected  for  extinguishing  fires  and  on 
such  apparatus  against  loss  or  damage  by  accidental  injury  and 
against  liability  of  the  insured  for  loss  or  damage  to  property 
caused  thereby. 

II.  On  vessels,  aircraft,  cars  or  other  vehicles,  freight, 
goods,  money,  effects,  and  money  loaned  on  bottomry  and  re- 
spondentia, against  loss  or  damage  from  the  perils  of  the  sea 
and  other  perils  usually  insured  against  by  marine  insurance, 
or  from  the  risk  of  inland  navigation  and  transportation;  and 
all  personal  property  floater  risks,  and  on  motor  vehicles  and 
aircraft,  excluding  the  liability  of  the  insured  for  the  death, 
injury,  or  disability  of  another  person  arising  out  of  the 
ownership,  maintenance,  or  use  of  motor  vehicles,  and  aircraft, 
their  fittings  and  contents  and  use  and  occupancy,  against  loss 
or  damage  from  accident,  collision,  theft,  or  other  casualty, 


1949]  Chapter  437  693 

and  against  liability  of  the  owner  or  user  thereof  for  injury  or 
damage  to  property  caused  thereby. 

III.  Accept  and  cede  insurance,  under  contract  with  other 
companies. 

IV.  Such  other  form  of  insurance  as  is  now  or  may  here- 
after be  permitted  by  the  laws  of  the  state  of  New  Hampshire, 
so  that  said  section  as  amended  shall  read  as  follows : 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  convened,  That  Jacob 
Brown,  Samuel  Lamprey,  Edmund  Toppan,  Tristram  Shaw, 
Amos  Jenness,  Nathan  Moulton,  John  Dow  and  their  associates 
successors  and  assigns,  be,  and  they  hereby  are  incorporated 
and  made  a  body  Politic  by  the  name  of  the  Rockingham 
Farmers  Mutual  Fire  Insurance  Company,  for  the  purpose  of 
conducting  the  following  kinds  of  insurance : — 

I.  On  property  and  rents  and  use  and  occupancy,  against 
loss  or  damage  by  fire,  smoke,  smoke  smudge,  and  lightning 
(whether  such  loss  or  damage  is  caused  by  burning  or  other- 
wise) ;  against  loss  or  damage  by  earthquake,  hail,  flood,  rain, 
or  drouth,  rising  of  the  waters  of  the  ocean  or  its  tributaries, 
windstorm,  or  other  action  of  the  elements;  against  loss  or 
damage  from  insects,  diseases,  or  other  causes  to  trees,  crops, 
or  other  products  of  the  soil;  explosion  (other  than  the  ex- 
plosion of  steam  boilers  or  flywheels) ;  riot,  strike,  or  civil 
commotion ;  war,  sabotage,  bombardment,  invasion,  military  or 
usurped  power;  vandalism  or  malicious  mischief;  impact  by 
aircraft  or  vehicles;  breakage  or  leakage  of  water  pipes  or 
other  conduits  or  containers  or  against  loss  or  damage  by 
water  entering  through  leaks  or  openings  in  buildings ;  break- 
age or  leakage  of  apparatus  erected  for  extinguishing  fires  and 
on  such  apparatus  against  loss  or  damage  by  accidental  injury 
and  against  liability  of  the  insured  for  loss  or  damage  to 
property  caused  thereby. 

II.  On  vessels,  aircraft,  cars  or  other  vehicles,  freight, 
goods,  money,  effects,  and  money  loaned  on  bottomry  and  re- 
spondentia, against  loss  or  damage  from  the  perils  of  the  sea 
and  other  perils  usually  insured  against  by  marine  insurance, 
or  from  the  risk  of  inland  navigation  and  transportation ;  and 
all  personal  property  floater  risks,  and  on  motor  vehicles  and 
aircraft,  excluding  the  liabihty  of  the  insured  for  the  death, 
injury,  or  disability  of  another  person  arising  out  of  the  owner- 


694  Chapter  438  [1949 

ship,  maintenance,  or  use  of  motor  vehicles,  and  aircraft,  their 
fittings  and  contents  and  use  and  occupancy,  against  loss  or 
damage  from  accident,  collision,  theft,  or  other  casualty,  and 
against  liability  of  the  owner  or  user  thereof  for  injury  or 
damage  to  property  caused  thereby. 

III.  Accept  and  cede  insurance,  under  contract  with 
other  companies. 

IV.  Such  other  form  of  insurance  as  is  now  or  may  here- 
after be  permitted  by  the  laws  of  the  State  of  New  Hamp- 
shire; And  by  that  name  may  sue  and  be  sued,  prosecute  and 
defend  to  final  judgment  and  execution;  may  have  and  use  a 
common  seal,  and  the  same  alter  or  renew;  may  hold  such  real 
and  personal  estate  as  may  be  necessary  to  carry  into  effect 
the  objects  of  their  association,  and  at  pleasure  may  dispose 
of  the  same ;  may  establish  such  by-laws  not  repugnant  to  the 
laws  of  this  State,  as  may  be  deemed  necessary  for  the  manage- 
ment of  their  aff'airs ;  and  may  have  all  the  powers,  and  shall 
be  subject  to  all  the  liabilities  incident  to  corporations  of  a 
similar  nature. 

2.     Takes    Effect.      This   act    shall    take   effect   upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  438. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  BELMONT  TO  ISSUE  NOTES  OR 
BONDS  FOR  WATER  SYSTEM. 

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

1.  Authority  Granted.  The  town  of  Belmont  is  hereby 
authorized  to  issue  its  serial  notes  or  bonds  to  an  amount  not 
exceeding  fifty  thousand  dollars  ($50,000)  for  the  purpose  of 
renewing  the  town  water  system  and  of  making  additions  and 
improvements  thereto. 

2.  Form ;  Terms.  Said  serial  notes  or  bonds  shall  be  signed 
by  the  selectmen  and  countersigned  by  the  treasurer.  Said 
issue  shall  be  due  and  payable  at  such  times,  not  more  than 
thirty  years  from  their  date  of  issue,  and  in  such  amounts, 


1949]  Chapter  439  695 

and  in  such  manner  as  the  board  of  selectmen  and  treasurer 
of  said  town  may  determine  at  a  rate  of  interest  to  be  fixed 
by  said  board. 

3.  Debt  Limit.  The  debt  authorized  by  this  act  shall  be 
exempt  from  the  limitation  imposed  upon  the  borrowing- 
capacity  of  said  town  by  section  7  of  chapter  72  of  the  Revised 
Laws. 

4.  Application  of  Laws,  Except  as  otherwise  provided  in 
this  act  the  provisions  of  the  municipal  bonds  statute  shall 
apply  to  the  notes  or  bonds  herein  authorized. 

,5.  Exercise  of  Authority;  Limitation.  The  powers  herein- 
before conferred  upon  the  town  of  Belmont  may  be  exercised 
at  the  annual  town  meetings  in  March  1949  or  1950  or  at  a 
special  town  meeting  held  at  any  time  prior  to  December  31, 
1950. 

6.    Takes    Effect.      This    act   shall    take    effect    upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  439. 


AN  ACT  TO  PROVIDE  FOR  MAYOR-COUNCILMEN  FORM  OF  CHARTER 
FOR  THE  CITY  OF  KEENE. 

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

1.  Incorporation.  The  inhabitants  of  the  city  of  Keene 
shall  continue  to  be  a  body  politic  and  corporate  under  the 
name  of  the  "City  of  Keene,"  and  as  such  to  enjoy  all  the 
rights,  immunities,  powers,  and  privileges  and  be  subject  to  all 
the  duties  and  liabilities  now  appertaining  to  or  incumbent 
upon  them  as  a  municipal  corporation.  All  existing  property 
of  the  city  shall  remain  vested  in  it,  and  all  its  existing  debts 
and  obligations  shall  remain  obligatory  upon  it,  under  this  re- 
vised charter. 

2.  Wards.  The  city  shall  continue  to  be  divided  into  five 
wards  as  at  present  constituted,  and  except  as  herein  other- 
wise provided  the  general  laws  relative  to  wards  of  cities, 
officers  thereof,  and  voters,  check-lists,  elections,  and  jurors, 
therein  shall  be  applicable  to  such  wards. 


696  Chapter  439  [1949 

3.  Administration  of  City  Affairs.  The  administration  of 
the  fiscal,  prudential,  municipal  and  other  affairs  of  the  city, 
and  the  government  thereof,  shall  be  vested  in  a  principal 
ofiicer  to  be  called  the  mayor,  and  a  city  council.  The  city 
council  shall  consist  of  the  mayor  as  ex-officio  chairman  and 
fifteen  councilmen,  sitting  and  acting  together  as  a  single 
body.  The  mayor  shall  be  chosen  by  the  qualified  voters  of 
the  city  at  large,  voting  in  their  respective  wards,  and  the 
fifteen  councilmen,  three  from  each  vv^ard  to  be  chosen  by  the 
qualified  voters  thereof.  A  majority  or  eight  members  shall 
constitute  a  quorum  for  the  transaction  of  business  and  the 
city  clerk  shall  act  as  clerk  of  the  city  council. 

4.  Municipal  Elections.  All  city  and  ward  officers  who  are 
to  be  elected  by  the  legal  voters  of  the  city  or  any  ward  there- 
in, except  moderators,  ward  clerks  and  supervisors  of  the 
check-list,  shall  be  chosen  at  the  regular  municipal  elections, 
holden  on  the  Tuesday  next  following  the  first  Monday  of 
November,  biennially  as  now  established  in  the  odd  numbered 
years. 

5.  Filing  of  Candidacy.  Any  person  qualified  to  be  elected 
to  any  office  to  be  filled  at  the  succeeding  municipal  election 
shall  be  entitled  to  have  his  name  printed  upon  such  official 
ballots  as  a  candidate  for  such  office  upon  his  filing  with  the 
city  clerk,  not  later  than  thirty  days  preceding  the  election, 
his  declaration  in  writing  that  he  is  a  candidate  therefor,  and 
paying  to  the  city  clerk,  if  a  candidate  for  the  office  of  mayor, 
the  sum  of  five  dollars,  and  ward  councilman  or  other  officer  to 
be  chosen  by  tlie  voters  of  a  single  ward,  two  dollars. 

6.  Official  Ballots.  The  official  ballots  prepared  by  the  city 
clerk  for  use  at  the  municipal  elections  shall  conform  as  nearly 
as  may  be  in  form  and  manner  of  folding  to  the  ballot  prepared 
by  the  secretary  of  state  for  use  at  general  biennial  elections. 
Upon  such  official  ballots  the  names  of  the  candidates  for  each 
office  shall  be  grouped  in  the  alphabetical  order  of  their  sur- 
names, without  party  name  or  designation  of  any  kind.  Over 
each  group  shall  be  a  statement  of  the  office  for  which  they 
are  candidates  and  a  direction  as  to  the  number  of  candidates 
to  be  voted  for.  Under  each  group  shall  be  left  as  many  blank 
spaces  as  there  are  persons  to  be  elected  to  such  office  at  the 
municipal  election.  At  the  left  of  each  printed  name  shall  be  a 
square.     The  voter  shall  indicate  his  choice  by  making  a  cross 


1949]  Chapter  439  697 

in  the  square  at  the  left  of  the  printed  name  of  each  candidate 
for  whom  he  desires  to  vote,  or  by  writing  the  name  of  any 
person  or  persons  for  whom  he  desires  to  vote  in  the  appro- 
priate blank  space  or  spaces. 

7.  Contested  Elections.  Within  seven  days  after  a  muni- 
cipal election  the  council  shall  canvass  the  votes  cast  and  the 
candidates  receiving  the  highest  number  of  votes  for  the 
offices  to  be  filled  shall  be  declared  elected.  Within  seven  days 
thereafter  the  council  shall,  subject  to  such  rules  and  regula- 
tions as  it  may  prescribe,  upon  request  of  any  candidate,  re- 
count the  ballots  cast  in  the  election  and  hear  and  determine 
any  contest  on  the  ground  of  fraud  or  misconduct  therein. 
Decisions  of  the  council  in  cases  of  contested  elections  shall  be 
final.  Tie  votes  for  any  elective  office  shall  be  resolved  by  lot 
in  the  manner  that  the  council  may  determine.  In  cases  aris- 
ing under  this  section  the  council  shall  have  the  power  to  sub- 
poena witnesses  and  compel  the  production  of  all  pertinent 
books,  records  and  papers. 

8.  Terms  of  Office.  Terms  of  office  shall  begin  from  the 
first  secular  day  of  January  next  following  election,  and  shall 
continue  for  the  terms  indicated  below  and  until  their 
successors  are  chosen  and  qualified.  The  mayor  shall  hold 
office  for  a  term  of  two  years.  In  the  first  instance  only  the 
candidate  for  councilman  in  each  ward  receiving  the  largest 
number  of  votes  shall  hold  office  for  a  term  of  four  years  and 
the  two  candidates  in  each  ward  receiving  the  second  and  third 
largest  number  of  votes  shall  hold  office  for  a  term  of  two  years. 
Thereafter  at  each  municipal  election  the  candidate  in  each 
ward  receiving  the  largest  number  of  votes  shall  hold  office 
for  a  term  of  four  years  and  the  candidate  in  each  ward  re- 
ceiving the  next  largest  number  of  votes  shall  hold  office  for  a 
term  of  two  years. 

9.  Tie  Vote  and  Vacancies.  In  case  of  a  tie  rendering  im- 
possible the  determination  of  the  choice  to  any  office,  the  in- 
coming city  council  at  its  first  meeting,  shall  by  ballot  and 
majority  vote,  choose  from  the  candidates  between  whom  such 
tie  exists,  the  person  to  fill  such  office.  In  case  a  vacancy 
occurs  in  any  such  office  from  any  cause,  the  city  council  may 
choose  some  duly  qualified  person  not  already  a  member  of 
that  body  to  fill  the  same  for  the  unexpired  term. 


698  Chapter  440  [1949 

10.  Organization  of  City  Council.  The  mayor  and  council- 
men  so  chosen,  shall  meet  at  ten  o'clock  in  the  forenoon  on  the 
first  secular  day  of  January  next  following  their  election,  in 
their  capacity  as  the  city  council,  for  the  purpose  of  taking 
their  respective  oaths  of  office,  organizing,  adopting  rules  for 
the  transaction  of  business  by  such  council  and  transacting  any 
other  business  required  by  law  or  ordinance  to  be  transacted 
at  such  meeting. 

11.  Compensation.  Councilmen  shall  receive  ten  dollars 
for  each  regular  council  meeting  upon  attendance  not  to  ex- 
ceed in  the  aggregate  two  hundred  dollars  per  year  in  full  for 
their  services. 

12.  Takes  Effect.  If  an  act  to  revise  the  charter  of  the 
city  of  Keene  approved  June  29,  1949  is  adopted  at  the  special 
election  held  in  the  city  of  Keene  on  the  second  Tuesday  in 
September,  1949,  then  this  act  shall  be  of  no  effect.  If  the  act 
hereinbefore  mentioned  shall  not  be  adopted  at  said  special 
election  in  September,  1949,  then  this  act  shall  take  effect  as 
follows:  So  much  as  relates  to  the  preliminaries  for,  and  the 
holding  and  conduct  of,  the  first  municipal  election  under  this 
act  shall  take  effect  immediately;  for  all  other  purposes  this 
act  shall  take  effect  on  the  first  day  of  January  following  the 
first  election  under  this  charter. 

[Approved  July  28,  1949.] 


CHAPTER  440. 

AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  CITY  CLERK  OF  LACONIA. 

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

1.  City  Clerk.  Amend  section  17  of  chapter  241  of  the 
Laws  of  1893,  as  amended  by  chapter  316,  Laws  of  1917, 
chapter  271,  Laws  of  1921,  chapter  281,  Laws  of  1931,  and 
section  5,  chapter  265  of  the  Laws  of  1941,  by  inserting  after 
the  word  "thousand"  in  the  fifth  line  the  words,  five  hundred, 
so  that  said  section  as  amended  shall  read  as  follows:  Sect.  17. 
The  mayor  and  council  shall,  at  their  meeting  on  March  25, 
1941,  and  thereafter  biennially,  on  the  fourth  Tuesday  of 
March,  meet  for  the  purpose  of  taking  their  respective  oaths, 


1949]  Chapter  441  699 

and  shall  elect  a  city  clerk,  who  shall  be  clerk  of  the  city- 
council  and  have  a  salary  of  three  thousand  five  hundred 
dollars  per  annum.  All  fees  received  by  the  city  clerk  shall  be 
turned  over  by  said  clerk  to  the  city  treasurer  for  the  use  of 
the  city  of  Laconia. 

2.     Takes   Effect.      This   act    shall    take   effect   upon   its 
passage. 
[Approved  July  28,  1949.] 


CHAPTER  441. 

AN  ACT  RELATING  TO  THE  CITY  OF  NASHUA. 

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

1.  City  of  Nashua.  Amend  section  1  of  chapter  292  of  the 
Laws  of  1943  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following :     1.     General  Retirement  System.     The 

city  of  Nashua  is  hereby  empowered  to  create  a  general  retire- 
ment system,  which  all  employees  of  the  city  of  Nashua,  who 
are  not  under  any  other  system  of  retirement,  will  be  eligible 
to  become  members  of  and  receive  the  benefits  therefrom,  by 
complying  with  the  requirements  of  said  retirement  system. 

2.  Trustees.  Amend  section  2  of  chapter  292  of  the  Laws 
of  1943  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  2.  Corporation  Created.  The  mayor 
and  board  of  aldermen  under  the  powers  granted  in  section  1, 
may  create  a  general  retirement  system,  which  shall  have  the 
powers,  privileges  and  immunities  of  a  municipal  corporation 
and  shall  be  given  such  appropriate  title  as  the  mayor  and 
board  of  aldermen  may  designate.  All  of  its  business  shall  be 
transacted,  all  of  its  funds  invested,  and  all  of  its  cash, 
securities  and  other  property  held  in  trust,  for  the  purposes 
for  which  received  and  in  the  name  designated  as  the  title  for 
said  retirement  system.  The  mayor  and  board  of  aldermen 
shall  elect  a  board  of  trustees,  the  number  of  and  tenure  of 
office  to  be  determined  by  the  mayor  and  board  of  aldermen, 
which  board  of  trustees  shall  have  the  control  of  and  the  duty 
of  administering  the  affairs  of  said  general  retirement  system. 


700  Chapter  442  [1949 

3.  Powers  of  City.  Amend  section  3  of  said  chapter  292  of 
the  Laws  of  1943  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  3.  Powers  of  the  Board  of 
Mayor  and  Aldermen.  For  the  purpose  of  this  act,  the  city 
may  raise  and  appropriate  money ;  may  accept  money  or  other 
property  to  be  held  in  trust  and  invested  and  reinvested  under 
the  direction  of  the  board  of  trustees,  and  use  the  income 
thereof ;  may  enter  into  contracts  of  insurance  or  annuity  with 
insurance  companies  admitted  to  do  business  in  New  Hamp- 
shire to  effectuate  the  purposes  of  this  act  and  pay  the 
premiums  for  such  contracts  from  moneys  coming  into  its 
possession  under  the  terms  of  this  act. 

4.  Salary  of  Clerk.  Amend  section  1  of  chapter  341  of  the 
Laws  of  1947  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  1.  Clerk  of  Finance  Committee. 
From  and  after  the  thirty-first  day  of  December  1946,  the 
salary  of  each  ward  alderman  of  the  city  of  Nashua  shall  be 
one  hundred  dollars  per  year,  payable  in  equal  quarterly  pay- 
ments, the  salary  of  each  alderman  at  large  of  said  city  shall 
be  two  hundred  dollars  per  year,  payable  in  equal  quarterly  pay- 
ments, provided  the  alderman  at  large  who  acts  as  clerk  of  the 
finance  committee  shall  receive,  in  addition  to  his  salary  as 
such  alderman,  an  additional  sum  of  one  hundred  dollars  per 
year,  payable  in  the  same  manner. 

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

[Approved  July  28,  1949.] 


CHAPTER  442. 

AN  ACT  RELATING  TO  THE  CHARTER  OF  THE  CITY  OF  PORTSMOUTH. 

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

1.  New  Charter.  Sections  1  to  74  inclusive  of  chapter  398 
of  the  Laws  of  1947  are  hereby  repealed  (except  as  otherwise 
provided  in  section  94  of  the  following  charter)  and  the  city  of 
Portsmouth  shall  be  governed  by  the  following  charter. 


1949]  Chapter  442  701 

Part  1 
The  Corporation 

1.  Corporate  Existence  Continued.  The  inhabitants  of 
the  city  of  Portsmouth  shall  continue  to  be  a  body  politic  and 
corporate  under  the  name  of  the  "City  of  Portsmouth,"  and  as 
such  shall  exercise  and  enjoy  all  the  rights,  immunities,  powers 
and  privileges,  and  shall  be  subject  to  all  the  duties  and 
obligations  now  incumbent  on  or  pertaining  to  said  city  as  a 
municipal  corporation. 

2.  Rights  and  Obligations  Saved.  All  existing  property 
now  of  said  city  of  Portsmouth  shall  be  vested  in  said  city 
under  the  provisions  of  this  charter,  and  all  debts  and 
obligations  of  said  city  shall  be  considered  and  shall  continue 
for  all  purposes  the  debts  and  obligations  of  said  city  of  Ports- 
mouth, under  this  amended  charter. 

3.  Wards.  Said  city  of  Portsmouth  shall  continue  to  be 
divided  into  five  wards  as  at  present  constituted ;  Ward  1  shall 
contain  all  that  part  of  said  city  included  within  a  line  com- 
mencing at  the  center  of  the  waterway  under  the  Portsmouth 
and  Dover  railroad  track,  where  it  crosses  from  Noble's  island 
to  Freeman's  point  and  thence  continuing  along  the  Piscataqua 
river  northerly  to  Gosling  road;  thence  running  westerly 
through  the  center  of  Gosling  road  to  the  line  between  New- 
ington  and  Portsmouth ;  thence  by  said  line  between  Newing- 
ton  and  Portsmouth  to  Rockingham  avenue,  so-called,  formerly 
called  "The  New  Road,"  thence  along  the  center  of  said  Rock- 
ingham avenue,  foi-merly  called  "The  New  Road,"  to  Woodbury 
avenue  at  the  junction  of  Woodbury  avenue  and  Myrtle  avenue ; 
thence  turning  and  running  through  the  center  of  said  Wood- 
bury avenue  to  the  junction  of  said  Woodbury  avenue  and  Den- 
nett street;  thence  turning  and  running  through  the  center  of 
Dennett  street  to  Maplewood  avenue;  thence  turning  and  run- 
ning through  the  center  of  Maplewood  avenue  to  the  center  of 
the  North  Mill  bridge,  so-called;  thence  turning  in  a  straight 
line  southerly  across  the  North  Mill  pond,  so-called,  to  the 
center  of  the  junction  of  McDonough  and  Dover  streets,  so- 
called;  thence  through  the  center  of  Dover  street  to  Islington 
street;  thence  easterly  through  the  center  of  Islington  street 
to  the  center  of  Congress  street;  thence  running  through  the 
center  of  Congress  street  to  Market  square ;  thence  through  the 
center  of  Market  square  and  Market  street  to  Deer  street; 


702  CHAPTiER  442  [1949 

thence  turning  and  running  westerly  through  the  center  of 
Deer  street  to  Vaughan  street;  thence  turning  and  running 
northerly  through  the  center  of  Vaughan  street  to  the  inter- 
section of  Vaughan  street  and  Raynes  avenue ;  thence  by  direct 
line  from  said  intersection  of  Vaughan  street  and  Raynes  to  the 
point  begun  at. 

Ward  2  shall  contain  all  that  part  of  said  city  included 
within  a  line  beginning  at  the  intersection  of  Chapel  street 
and  Daniels  street  and  thence  running  through  the  center  of 
Daniels  street  to  the  center  of  Market  square ;  thence  through 
the  center  of  Market  square  to  Congress  street,  through  the 
center  of  Congress  street  to  Islington  street,  through  the 
center  of  Islington  street  to  Columbia  street,  thence  through 
the  center  of  Columbia  street  to  State  street;  thence  through 
the  center  of  State  street  to  Cass  street,  thence  through  the 
center  of  Cass  street  to  Middle  street  provided,  however,  that 
all  residences  on  the  westerly  side  of  Cass  street  between 
State  and  Middle  streets  including  also  those  residences  on 
Friend  street  shall  be  in  ward  2,  thence  from  the  junction  of 
Cass  street  and  Middle  street  through  the  center  of  Middle 
street  through  to  the  intersection  of  Middle  road  and 
Lafayette  road,  provided,  however,  that  all  residences  on 
the  northerly  and  westerly  side  of  Middle  street  between 
Cass  street  and  the  intersection  of  Middle  road  and  Lafayette 
road  shall  be  in  ward  2;  thence  running  from  said  inter- 
section of  Middle  road  and  Lafayette  road  through  the  center 
of  Lafayette  road  to  the  intersection  of  South  street;  thence 
turning  and  running  through  the  center  of  South  street  to 
the  junction  of  Junkins  avenue;  thence  turning  and  running 
through  the  center  of  Junkins  avenue  northerly  to  the  junction 
of  said  Junkins  avenue  and  Pleasant  street ;  thence  turning  and 
running  again  northerly  through  the  center  of  said  Pleasant 
street  to  the  junction  of  Court  and  Pleasant  streets;  thence 
turning  and  running  in  an  easterly  direction  through  the  center 
of  said  Court  street  to  Atkinson  street;  thence  turning  and 
running  northerly  through  the  center  of  Atkinson  street  to 
State  street;  thence  through  the  center  of  State  street  to 
Chapel  street;  thence  through  the  center  of  Chapel  street  to 
the  point  begun  at. 

Ward  3  shall  contain  all  that  part  of  said  city  which  lies 
northerly  and  westerly  of  wards  1  and  2  and  westerly  at  the 
center  of  Lafayette  road. 


1949]  Chapter  442  70S 

Ward  4  shall  contain  all  that  part  of  said  city  which  lies 
southerly  and  easterly  of  wards  2  and  5,  including  all  the 
islands  except  Noble's  island. 

Ward  5  shall  contain  all  that  part  of  said  city  included  in 
a  line  beginning  at  the  intersection  of  Daniels  street  and 
Chapel  street  and  thence  running  westerly  through  the  center 
of  Daniels  street  to  Market  squire;  thence  through  the  center 
of  Market  square  and  Market  street  to  Deer  street;  thence 
turning  and  running  westerly  through  the  center  of  Deer 
street  to  Vaughan  street;  thence  turning  and  running 
northerly  through  the  center  of  Vaughan  street  to  the  inter- 
section of  Vaughan  street  and  Raynes  avenue;  thence  by 
direct  line  from  said  intersection  of  Vaughan  street  and 
Raynes  avenue  to  the  center  of  the  waterway  under  the  Ports- 
mouth and  Dover  railroad  track  where  it  crosses  from  Noble's 
island  to  Freeman's  point;  thence  southerly  along  the 
Piscataqua  river  to  a  point  along  the  shore  of  said  river 
opposite  the  center  of  the  foot  of  Gardner  street;  thence 
across  Mechanics  street  through  the  center  of  Gardner 
street  to  Marcy  street,  formerly  called  Water  street; 
thence  along  the  center  of  Marcy  street  to  its  intersection 
with  the  street,  lane,  or  place  which  runs  over  Meeting  House 
Hill,  so-called,  on  the  northerly  side  of  the  South  ward  room, 
so-called;  thence  turning  and  running  northerly  through  the 
center  of  Manning  street  to  the  intersection  of  Howard  street ; 
thence  turning  and  running  westerly  by  the  center  of  said 
Howard  street  to  the  junction  of  Washington,  Howard  and 
Pleasant  streets;  thence  turning  and  running  in  a  northerly 
direction  in  the  center  of  Pleasant  street  to  the  intersection  of 
Court  and  Pleasant  streets;  thence  turning  and  running  in  an 
easterly  direction  by  the  center  of  said  Court  street  to  Atkin- 
son street;  thence  turning  and  running  northerly  through  the 
center  of  Atkinson  street  to  State  street;  thence  through  the 
center  of  State  street  to  Chapel  street,  thence  through  the 
center  of  Chapel  street  to  the  point  begun  at. 

Part  2 
Mayor 

4.  Mayor,  How  Elected.  The  mayor  shall  be  elected 
biennially  by  plurality  vote  by  the  qualified  voters  of  the  city 
at  large,  voting  in  their  respective  wards,  and  shall  hold  ofl[ice 


704  Chapter  442  [1949 

for  the  two  municipal  years  next  following  his  election  and 
until  his  successor  is  elected  and  qualified. 

5.  Duties  of  Mayor.  The  mayor  shall  preside  in  the  city 
council,  but  shall  not  vote,  except  in  case  of  equal  division.  He 
shall  nominate  all  committees  customarily  appointed  in  the 
administration  of  city  affairs  by  the  mayor  and  city  councils, 
subject  to  the  approval  of  the  council. 

6.  Veto  Power  of  Mayor.  The  mayor  shall  have  a 
negative  upon  all  legislative  and  executive  action  in  the  admin- 
istration of  the  fiscal,  prudential  and  municipal  affairs  of  the 
city,  but  not  in  any  case  where  the  council  acts  in  a  judicial  or 
quasi- judicial  capacit}^  nor  where  its  acts  concern  its  own 
membership  or  relate  to  the  time,  manner  or  order  of  its 
sessions  or  procedure,  or  to  its  election  or  appointment  of  any 
person  or  persons  to  any  office  established  by  statute  or  the 
city  ordinances  which  is  to  be  filled  by  the  council.  The  veto 
of  the  mayor  shall  be  exercised  within  seven  days  after  the 
act  done  or  vote  passed,  and  not  thereafter,  and  no  vote  can  be 
passed  over  his  veto  except  by  a  vote  of  two-thirds,  at  least,  of 
all  the  councilmen  elected. 

7.  Powers  of  Mayor ;  Veto.  The  mayor  of  said  city  shall 
have  a  negative  upon  the  action  of  the  councilmen  in  laying 
out  highways  and  streets,  and  no  vote  relating  to  these  sub- 
jects can  be  passed  over  his  veto  unless  by  a  vote  of  two-thirds, 
at  least,  of  all  the  councilmen  elected. 

8.  Municipal  Year.  The  mayor  and  council  shall  meet 
for  the  purpose  of  taking  the  oaths  of  their  respective  offices 
at  ten  o'clock  in  the  forenoon  on  the  first  week  day  of  Janu- 
ary next  following  their  election.  The  first  week  day  of 
January  of  each  year  shall  be  the  beginning  of  the  municipal 
year. 

Part  3 
City  Council 

9.  City  Council.  The  administration  of  all  fiscal,  pru- 
dential, and  municipal  affairs  of  said  city,  and  the  government 
thereof,  shall,  except  as  herein  otherwise  provided,  be  vested  in 
one  principal  officer  to  be  called  the  mayor,  and  one  board  con- 
sisting of  nine  members  to  be  called  the  councilmen.  The  mayor 
and  councilmen  shall  sit  and  act  together  and  compose  one 
body,  and  in  their  joint  capacity  shall  be  called  the  city  council. 


1949]  Chapter  442  705 

10.  Councilmen,  How  Elected.  The  councilmen  shall  be 
elected  biennially  by  plurality  vote,  one  from  each  ward,  and 
four  at  large,  and  shall  hold  office  for  the  two  municipal  years 
next  following  their  election,  and  until  their  successors  are 
elected  and  qualified.  The  four  at  large  shall  be  voted  for  by 
the  voters,  voting  in  the  same  manner  as  the  mayor  is  voted 
for. 

11.  Councilmen  not  to  Hold  Other  Offices,  etc.  No 
councilman,  while  in  office,  shall  be  elected  or  appointed  by  the 
mayor  or  city  council  to  any  office  of  profit.  Nor  shall  any 
councilman  while  in  office,  receive  any  pay  or  compensation  of 
any  sort,  either  as  councilman  or  for  any  other  personal 
service  rendered  for  the  benefit  of  the  city,  or  be  employed  by 
the  city,  or  any  department,  or  branch  thereof,  for  any  com- 
pensation, excepting  that  this  provision  shall  not  apply  to 
members  of  the  fire  department. 

12.  Dealings  of  Councilmen  with  City.  No  councilman, 
or  other  official  of  the  city  shall  sell  to  or  buy  from  the  city 
any  goods  or  commodities  while  in  office  other  than  by  open 
competitive  public  bid. 

13.  Powers  of  City  Council.  The  city  council  created  by 
this  act  shall,  except  as  herein  otherwise  provided,  have  all  the 
powers,  and  do  and  perform,  in  reference  to  each  other  or 
otherwise,  all  the  duties  which  mayors,  board  of  aldermen  and 
common  councils  of  cities  are  by  law  authorized  or  required  to 
do  and  perform  either  separately  or  otherwise;  and  all  pro- 
visions of  statutes  pertaining  to  the  duties  or  powers  of  alder- 
men or  common  councils,  separately  or  otherwise,  shall  be  con- 
strued to  apply  to  said  city  council,  unless  a  contrary  intention 
appears  in  this  act. 

14.  Salaries.  The  city  council  of  the  city  of  Portsmouth 
is  hereby  empowered  to  fix  the  salaries  to  be  paid  to  all 
officials  and  agents  of  said  city  of  Portsmouth,  except  the 
salaries  to  be  paid  the  police  officers,  judge  of  the  municipal 
court,  and  school  teachers  and  officials  under  the  jurisdiction 
and  authority  of  the  board  of  instruction  of  said  Portsmouth. 

15.  Procedure  to  Fix  Salaries,  No  ordinance  of  said  city 
council  relating  to  salaries  as  above  provided  for  shall  be  valid 
until  it  has  had  three  separate  readings  in  said  council,  only 
one  reading  at  any  meeting  of  said  council,  and  at  least  one 
week  to  elapse  between  each  of  said  meetings,  and  shall  have 


706  Chapter  442  [1949 

received  the  votes  of  at  least  two-thirds  of  all  the  members 
elected  to  said  council  upon  its  final  passage. 

16.  Election  of  City  Officials  by  City  Council.  The  city 
council  shall  annually  on  the  second  Thursday  of  January 
choose  by  roll  call  vote,  by  majority  vote,  a  city  clerk,  a  chief 
engineer  of  the  fire  department  and  assistant  engineers,  a  city 
messenger,  a  city  treasurer,  a  collector  of  taxes,  a  city  auditor, 
a  city  solicitor,  an  overseer  of  the  poor,  and  such  other  officers 
not  otherwise  provided  for  who  are  by  law  or  ordinance  re- 
quired to  be  chosen.  When  any  vacancy  shall  occur  in  any 
of  said  oflQces,  it  shall  be  filled  by  the  city  council  in  like 
manner. 

Part  4 
Assessors 

17.  Board  of  Assessors;  Election,  Duties,  and  Tenure  of 
Office.  There  shall  be  in  said  city  a  board  of  three  assessors 
who  shall  have  all  the  powers  and  perform  all  the  duties  given 
to  and  imposed  on  assessors  of  taxes  by  the  laws  of  the  state. 
The  salaries  of  the  members  of  said  board  of  assessors  shall 
be  governed  by  the  ordinances  of  said  city.  The  members  of 
said  board  of  assessors  shall  be  elected  biennially  by  the 
qualified  voters  of  the  city  at  large,  bj'  plurality  vote,  in  the 
same  manner  as  councilmen  at  large  are  elected  and  shall  hold 
office  for  the  two  municipal  years  next  following  their  election, 
and  until  their  successors  are  elected  and  quahfied. 

18.  Organization  and  Hours.  Said  board  shall  organize 
by  choosing  one  member  thereof  chairman  and  one  member 
thereof  clerk.  The  clerk  shall  devote  not  less  than  six  hours 
per  day  to  the  business  of  the  board,  Sundays  and  holidays  ex- 
cepted. Reasonable  leaves  of  absence  may  be  allowed  by  the 
board. 

19.  Offices.  Said  board  shall  be  entitled  to  a  separate 
room  for  its  exclusive  use.  If  there  be  no  suitable  space  avail- 
able in  the  city  building,  the  city  council  shall  provide  a  suit- 
able office  elsewhere,  with  heat,  light,  telephone,  and  necessary 
furniture.  Said  board  shall  be  the  judge  of  suitability,  but 
shall  not  involve  the  city  in  unreasonable  expense. 

20.  Business  Hours.  The  office  of  said  board  shall  be 
open  on  all  regular  business  days  and  in  business  hours.  The 
clerk  shall  be  in  attendance  at  such  times  and  place,  and  at 


1949]  Chapter  442  707 

least  one  other  member  of  the  board  shall  be  in  attendance 
during  business  hours,  for  at  least  half  of  the  year.  Said  board 
shall  hold  meetings  for  the  transaction  of  business  at  least 
three  times  a  week  during  the  entire  year,  which  meetings 
shall  be  held  at  the  office  provided  for  that  purpose  and  in 
business  hours,  and  shall  hold  as  many  additional  meetings  in 
the  daytime  or  evening  as  may  be  necessary  to  give  all  tax- 
payers an  opportunity  to  be  conveniently  heard. 

21.  Disqualification.  No  member  of  the  board  of 
assessors  shall  have  a  voice  or  a  vote  in  the  appraisal  for  pur- 
poses of  taxation  of  any  property  in  which  he  is  interested 
either  as  owner,  agent,  attorney,  stockholder,  or  employee. 
Violation  of  this  rule  shall  constitute  cause  for  removal  from 
office  by  the  city  council  after  due  hearing  and  reasonable 
proof. 

22.  Clerical  Expense,  etc.  The  city  council  shall  make 
such  appropriation  as  shall  seem  to  them  just  and  necessary 
for  the  employment  of  clerical  assistance  and  for  such  other 
expenses  as  may  be  necessarily  incurred  by  said  board  of 
assessors  for  the  prompt  and  efficient  discharge  of  the  duties 
of  their  office. 

23.  Vacancy.  If  any  vacancy  shall  occur  in  the  board  of 
assessors  the  city  council  shall  fill  it  for  the  remainder  of  the 
term,  and  the  city  council  may  remove  any  member  of  said 
board  at  any  time  for  cause,  after  due  hearing. 

Part  5 
Auditor  and  Treasurer 

24.  City  Auditor;  Duties.  The  city  auditor  shall  keep  a 
record  of  the  general  financial  condition  of  the  city,  of  the 
amounts  appropriated  for  each  branch,  board  or  department 
thereof,  and  of  the  receipts  and  expenditures  of  each  branch, 
board  or  department.  He  shall  twice  in  each  year,  and  oftener 
if  necessary,  audit  the  accounts  of  all  city  officials,  commis- 
sions and  boards  who  receive,  handle,  or  expend  any  moneys 
of  the  city,  and  shall  report  thereon  to  the  city  council  twice 
in  each  year,  and  oftener  if  required.  The  city  auditor  shall 
give  his  entire  time  to  the  duties  of  the  office. 

25.  Bills  Audited.  No  bill  against  the  city  shall  be 
ordered  paid  by  the  city  council,  or  paid  by  -the  city  treasurer, 
until  the  auditor  shall  have  approved  the  same  and  certified 


708  Chapter  442  [1949 

to  said  city  council  whether  or  not  said  bill  was  lawfully  con- 
tracted; whether  or  not  if  it  is  for  goods  or  materials,  the 
prices  charged  are  reasonable;  also  whether  or  not  the  goods 
were  actually  received  by  the  city,  and  whether  such  bill  is  in 
favor  of  a  person  or  party  legally  entitled  to  receive  the  same 
under  the  provisions  of  this  act.  He  shall  perform  such  other 
duties  as  are  now  or  may  hereafter  be  required  by  ordinance 
or  by  the  city  council. 

26.  Approval  of  Bills  by  City  Auditor.  All  purchases  in 
excess  of  one  hundred  dollars  shall  be  bj'  competitive  bids, 
which  shall  be  opened  publicly,  and  a  copy  of  the  specifications, 
with  tenders  submitted,  shall  be  filed  forthwith  with  the  city 
auditor.  All  bills  and  claims  for  the  expenditures  connected 
with  the  waterworks,  or  any  department  herein  referred  to, 
shall  be  approved  by  the  board  of  public  works  in  writing. 
Such  bills  and  claims  shall  go  to  the  city  auditor  who  shall 
determine  if  the  same  have  been  legally  contracted.  Upon 
certification  by  the  auditor  and  record,  payment  shall  be  made 
by  the  city  treasurer. 

27.  False  Audit  Penalty.  If  the  auditor  shall  knowingly 
make  any  false  certification  in  any  case  provided  for  in  section 
25,  or  shall  approve  any  bill  when  the  appropriation  from  which 
the  same  should  be  paid  is  exhausted,  he  shall  be  fined  not  ex- 
ceeding two  hundred  dollars  or  imprisoned  not  exceeding  six 
months,  or  both. 

28.  Unauthorized  Payment  Penalty.  If  the  treasurer 
shall  pay  any  money  from  the  city  treasury,  except  an  order 
of  the  city  council  after  approval  by  the  auditor,  which  order 
of  the  city  council  shall  be  certified  to  by  the  mayor,  he  shall 
be  fined  not  exceeding  two  hundred  dollars  or  imprisoned  not 
exceeding  six  months  or  both,  and  he  shall  be  personally  bound 
to  refund  to  the  city  any  sum  so  paid. 

Part  6 
Board  of  Health 

29.  Board  of  Health;  Created.  There  shall  be  in  said 
city  a  board  of  health,  consisting  of  three  members,  the  chair- 
man of  which  shall  be  a  physician  in  active  practice  and  shall 
be  the  city  physician.  The  city  council  on  the  second  Thurs- 
day of  January,  1950,  shall  by  roll  call  vote,  by  majority  vote, 
elect  three  persons  as  members  of  said  board,  one  of  whom 


1949]  Chapter  442  709 

shall  serve  for  three  years,  one  for  two  years,  and  one  for  one 
year  and  until  their  respective  successors  are  chosen  and 
qualified ;  the  city  council  shall  thereafter  on  the  second  Thurs- 
day of  January  choose  by  roll  call  vote  one  member  of  the  board 
of  health,  who  shall  serve  for  three  years  and  until  his 
successor  is  chosen  and  quahfied.  The  salaries  of  the  members 
of  the  board  of  health  shall  be  established  by  the  city  council, 
and  the  salary  of  the  chairman  of  said  board  shall  include  his 
services  in  full  as  chairman  of  the  board  of  health,  and  his 
services  in  full  as  city  physician.  Neither  the  city  physician, 
nor  the  members  of  the  board  of  health  shall  receive  from  the 
city  or  any  department  thereof  any  other  compensation  for 
services  rendered  to  the  city,  or  any  department  of  the  city, 
or  in  any  form  or  for  any  purpose  whatever.  Said  city 
physician  and  said  board  of  health  shall  have  no  power  to  incur 
any  expense  whatever  in  behalf  of  the  city  without  first  sub- 
mitting estimates  of  the  same  to  the  city  council  and  being 
authorized  by  the  city  council  to  undertake  the  expenditures. 

30.  Jurisdiction.  The  board  of  health  created  by  section 
29  shall  have  jurisdiction  over  all  the  harbor  of  the  Piscataqua 
which  lies  up  the  said  harbor,  below  the  most  westerly  and 
northerly  line  of  said  Portsmouth,  and  thence  down  said  harbor 
to  the  ocean,  so  far  as  the  jurisdiction  of  this  state  extends 
seaward,  or  over  said  harbor  below  said  westerly  and  northerly 
line  of  said  Portsmouth,  and  said  jurisdiction  shall  be  ex- 
clusive; and  no  health  officers  of  any  other  town  in  this  state 
shall  have  jurisdiction  over  the  waters  of  said  harbor  within 
said  limits. 

31.  Powers  and  Duties.  The  powers  and  duties  of  said 
health  officers  shall  be  such  as  are  prescribed  by  the  laws  of' 
this  state,  or  by  the  ordinances  of  said  city  of  Portsmouth ;  and 
the  city  council  of  said  Portsmouth  are  hereby  empowered  to 
pass  all  such  ordinances  and  regulations  with  such  fines  and 
penalties  for  breach  thereof,  as  they  shall  think  fit,  in  refer- 
ence to  said  harbor,  and  in  regard  to  quarantine,  and  place  for 
quarantine-ground  within  the  waters  of  said  harbor,  and  for 
the  due  government  of  said  harbor  in  reference  to  the  preser- 
vation of  the  health  of  the  citizens  of  this  state,  with  such  fees 
and  compensation  as  they  shall  deem  fit  and  proper;  and  said 
health    officers    shall    see    that    said   ordinances,    rules,    and 


710  Chapter  442  [1949 

regulations  are  properly  carried  out  and  enforced  over  the 
whole  of  said  harbor  within  said  limits. 

32.  Composition.  A  majority  of  said  board  may  act  in 
any  case. 

33.  Independence  and  Tenure.  Said  board  of  health, 
when  appointed,  is  not  to  be  subject  to  the  control  of  said 
board  of  mayor  and  council,  but  shall  be  independent  thereof, 
so  long  as  they  shall  continue  to  hold  said  office ;  and  said 
board  shall  continue  each  year  in  office  until  a  new  board  is 
chosen  and  qualified  in  their  stead,  unless  one  or  more  are  re- 
moved for  due  cause,  shown  on  due  notice  and  hearing,  or 
by  death,  in  which  case  others  shall  be  appointed  to  take  the 
place  or  places  of  those  thus  removed. 

34.  Removal.  The  power  of  removal  for  due  cause 
shown  shall  be  by  a  vote  of  a  majority  of  the  board  of  mayor 
and  councilmen,  present  at  a  meeting  duly  called,  after  a  hear- 
ing of  the  case  on  due  notice. 

35.  Harbor-Master.  The  city  of  Portsmouth  shall 
annually  choose  a  harbor-master,  whose  duty  it  shall  be  to 
oversee  said  harbor  and  river,  and  to  inquire  into  and  prose- 
cute for  all  offenses  under  section  37. 

36.  Fee.  The  harbor-master  of  the  city  of  Portsmouth, 
when  called  upon  to  decide  any  question  or  controversy  arising 
between  the  officers  of  the  different  vessels  which  may  be 
lying  at  anchor  in  the  harbor,  or  at  the  wharves  of  the  city  of 
Portsmouth,  shall  be  entitled  to  a  fee  of  not  less  than  one  dollar 
for  his  services,  and  the  same  shall  be  paid  to  him  by  the 
officer  of  the  vessel  against  whom  he  may  decide. 

37.  Dumping  in  Harbor.  If  any  person  shall  unload,  cast 
or  throw  out  of  any  ship,  vessel  or  boat,  or  from  shore  or 
wharf,  any  ballast,  rubbish,  gravel,  earth,  dirt,  ashes  or  filth 
into  the  harbor,  or  river  of  Piscataqua,  between  the  lighthouse 
at  the  entrance  of  said  harbor  and  Dover  Point  bridge,  so- 
called,  up  said  river,  or  aid  and  assist  therein,  he  shall  be  fined 
not  more  than  ten  dollars. 

Part  7 

Public  Works  or 
Street  and  Water  Departments 

38.  Board  of  Street  Commissioners.  There  shall  be  in 
said  city  a  board  of  street  commissioners  consisting  of  three 


1949]  Chapter  442  711 

members  who  shall  be  elected  at  the  municipal  election  and 
who  shall  hold  office  for  two  municipal  years  next  following 
their  election  and  until  their  successors  are  elected  and 
qualified. 

39.  Organization.  The  mayor,  ex-officio,  shall  be  chair- 
man of  the  board,  and  they  shall  elect  a  clerk,  and  keep  a 
record  of  their  proceedings,  issue  all  notices  and  attest  all  such 
papers  and  orders  as  said  board  shall  require. 

40.  Report.  The  said  board  shall  make  a  detailed  report 
of  their  doings  quarterly  to  the  city  council.  The  records  of 
said  board  shall  at  all  times  be  open  to  the  inspection  of  the 
citizens  of  the  city. 

41.  Powers.  The  said  board  shall  have  the  powers  and 
perform  the  duties  now  by  law  vested  in  and  imposed  on  the 
board  of  water  commissioners,  except  as  herein  provided.  They 
shall  also  have  jurisdiction,  authority  and  control  over  the  de- 
partment of  streets,  highways,  bridges,  sewers,  public  parks, 
playgrounds,  and  the  care  of  all  buildings  and  property  per- 
taining thereto. 

42.  Oath  and  Removal.  Said  board  shall  be  sworn  to  the 
faithful  discharge  of  their  duties.  They  may  be  removed  by 
the  city  council,  for  cause,  after  a  hearing  on  due  notice. 

43.  Vacancies.  A  vacancy  in  said  board  may  be  filled 
by  appointment  by  the  mayor  confirmed  by  the  city  council, 
but  if  vacancy  is  unfilled  prior  to  November  first,  it  shall  be 
filled  at  the  succeeding  municipal  election. 

44.  Appointments.  The  said  board  may  appoint  a  super- 
intendent of  waterworks,  a  superintendent  of  streets,  and  such 
other  agents  and  employees  as  they  may  deem  necessary,  and 
may  fix  their  compensation. 

45.  Rules  and  Regulations.  They  may  make  such  rules 
and  regulations  for  their  own  government  and  in  relation  to  all 
officers  and  agents  appointed  by  them  as  they  may  deem 
proper,  and  a  copy  of  same  shall  be  filed  with  the  city  clerk 
within  thirty  days  after  adoption. 

46.  Disbursements.  All  moneys  received  in  any  way  on 
account  of  the  water-works  shall  be  paid  into  the  city  treasury 
and  shall  be  kept  and  applied  exclusively  for  the  uses  of  said 
water-works,  including  the  payment  of  the  bonds  issued  for 
water  purposes,  and  the  interest  thereon,  until  said  bonds  are 


712  Chapter  442  [1949 

paid,  after  which  time  any  surplus  may  be  turned  into  the 
general  revenue  fund. 

47.  Accounts.  The  accounting  system  of  the  depart- 
ment shall  meet  the  requirements  of  the  city  auditor  and  the 
fiscal  year  of  the  department  shall  correspond  with  the 
municipal  year.  The  city  auditor  and  the  city  treasurer  shall 
keep  the  accounts  relating  to  the  water-works  separately  and 
distinctly  from  all  other  receipts  and  expenditures. 

48.  Annual  Estimates.  Annually  before  the  first  of 
February  said  board  of  street  commissioners  shall  submit  to 
the  city  council  estimates  in  detail,  giving  amounts  required  to 
maintain  the  water-works,  streets,  highways,  bridges,  side- 
walks, parks  and  playgrounds,  and  the  city  council  shall  make 
such  appropriation  as  shall  seem  to  them  just  and  necessary, 
and  no  transfer  therefrom  shall  be  authorized  except  by 
resolution  of  the  city  council,  and  said  board  shall  not  be 
authorized  to  expend  any  money  in  excess  of  funds  available 
therefor.  Any  member  of  said  board  who  shall  violate  any  of 
the  provisions  of  this  section  shall  be  removed  from  ofiice  by 
the  city  council  after  due  hearing. 

49.  Compensation.  The  annual  compensation  of  said 
board  of  street  commissioners  shall  be  three  hundred  and  fifty 
dollars  for  the  member  chosen  clerk,  and  three  hundred  dollars 
each  for  the  other  two  members. 

50.  Rights  in  Aqueduct  Property.  Said  city  shall  possess 
the  rights,  powers,  privileges,  franchises,  and  property  of  said 
proprietors  of  the  Portsmouth  Aqueduct  in  the  same  manner 
as  if  the  same  had  been  originally  granted  to  said  city. 

51.  Eminent  Domain.  If  it  shall  become  necessary  or 
convenient  for  said  city  in  the  enlargement  and  improvement 
of  said  water-works,  or  in  the  construction  of  other  water- 
works and  obtaining  other  supplies  of  water,  to  acquire  addi- 
tional lands,  water  rights,  easements,  and  privileges,  said  city 
may  purchase  the  same  of  the  owners  thereof,  or,  if  unable  to 
agree  upon  a  price  to  be  paid  for  such  lands,  water  rights, 
easements,  or  privileges,  with  the  owner  or  owners  thereof, 
said  city  may  apply  to  the  superior  court  at  any  trial  term 
thereof  in  the  county  of  Rockingham,  by  petition,  to  appraise 
the  value  of  such  lands,  water  rights,  easements,  or  privileges 
in  such  manner  as  may  seem  to  said  court  just  and  lawful  and 
said  court  may  order.     And    upon    filing    such    petition,    and 


1949]  Chapter  442  713 

serving  such  notice  thereof  as  the  court  may  order  upon  the 
owner,  such  lands,  rights,  easements,  and  privileges  shall  be 
vested  in  said  city,  and  said  court  may  issue  execution  for  the 
value  thereof,  when  fixed,  with  interest. 

52.  Managemeint  of  Water- Works;  Report.  They  shall 
have  the  control  and  management  of  the  construction  and  en- 
largement of  said  works,  and  may  make  all  such  contracts  and 
agreements  for  and  on  behalf  of  the  city  in  relation  thereto  as 
they  may  deem  proper  and  advisable,  and  shall  have  full  charge 
and  control  over  the  said  works  when  enlarged  and  constructed. 
They  shall  establish  rates  and  tolls  and  prescribe  rules  and 
regulations  for  the  use  of  water,  and  may  sell  and  dispose  of 
such  articles  of  personal  property  connected  with  said  works 
as  they  shall  deem  expedient,  and  may  purchase  such  property 
as  may  be  in  their  judgment  necessary  for  said  works  and  the 
purposes  contemplated  by  this  act;  and  they  shall  annually 
make  a  report  to  the  city  council  of  the  condition  of  the  water- 
works and  the  funds  belonging  to  their  department  and  the 
expenses  and  income  thereof,  which  shall  be  published  in  the 
city  report  of  each  year. 

53.  Disposition  of  Receipts;  Separate  Account.  All 
moneys  received  in  any  way  on  account  of  said  water-works 
shall  be  paid  into  the  city  treasury  and  shall  be  kept  and 
applied  exclusively  for  the  uses  of  said  water-works,  including 
the  payment  of  the  bonds  issued  under  this  act  and  the  interest 
thereon;  and  all  bills  and  claims  for  expenditures  connected 
with  said  works  shall  be  approved  by  the  board  of  water  com- 
missioners before  they  are  paid  by  the  treasurer.  And  the 
city  treasurer  shall  keep  his  accounts  relating  to  the  water- 
works, including  said  bonds,  separately  and  distinctly  from  all 
other  receipts  and  payments. 

54.  Sale  of  Real  Estate;  Application  of  Proceeds.  And 
whereas  a  portion  of  the  real  estate  composing  a  part  of  the 
property  purchased  by  the  city  of  the  stockholders  of  the 
proprietors  of  the  Portsmouth  Aqueduct  may  be  found  un- 
necessary for  the  maintenance  and  use  of  the  water-works  by 
the  city,  and  it  may  be  advisable  to  sell  the  same,  the  water 
commissioners,  with  the  approval  and  consent  of  the  city 
council,  are  hereby  authorized  and  empowered  to  make  sale  of 
the  same,  and  a  deed  executed  by  the  mayor  of  said  city  under 
said  authority  shall  pass  title  to  the  purchaser  of  such  real 


714  Chapter  442  [1949 

estate.  The  funds  derived  from  such  sale  shall  be  applied  to 
the  reduction  of  the  bonded  debt,  hereby  authorized;  and  said 
commissioners  may  establish  a  sinking  fund  therefrom  and 
from  any  surplus  income  arising  from  the  receipt  of  said 
works. 

55.  By  -  Laws  and  Ordinances.  Said  city  is  hereby 
authorized  and  empowered  through  its  city  council  to  establish 
all  needful  by-laws  and  enact  such  ordinances  as  may  be  re- 
quired to  prevent  any  defilement  or  pollution  of  the  waters  of 
any  springs,  ponds,  streams,  or  reservoirs  from  which  it  may 
take  water,  and  of  the  water  that  enters  its  works;  and  may 
prevent  the  use  of  its  hydrants  and  reservoirs  by  any  person 
except  those  duly  authorized  by  the  board  of  water  commis- 
sioners, and  may  annex  penalties  not  exceeding  twenty  dollars 
for  any  single  violation  thereof,  to  be  recovered  as  provided  in 
section  15  of  chapter  66  of  the  Revised  Laws. 

56.  Vacations.  All  employees  of  the  water-works  de- 
partment, public  works  department,  and  the  parks,  commons 
and  playground  department  of  the  city  of  Portsmouth  shall  be 
allowed  seven  days  vacation  each  year  without  loss  of  pay 
after  working  twelve  consecutive  months. 

57.  Enforcement.  It  shall  be  the  duty  of  the  commis- 
sioners of  said  departments  to  enforce  the  provisions  of  this 
subdivision. 

58.  Lien  for  Water  Rates.  All  charges  as  water  rates 
for  water  furnished  to  patrons  in  the  city  of  Portsmouth  shall 
become  a  lien  upon  any  real  estate  where  said  water  is 
furnished,  and  said  lien  shall  continue  for  one  year  from  the 
last  item  charged  in  said  water  rates ;  and  said  lien  may  be  en- 
forced by  suit  in  behalf  of  said  city  ordered  by  the  board  of 
public  works  against  the  owner  or  owners  of  such  real  estate. 
The  record  in  the  office  of  said  board  of  public  works  of  the 
water  rates  and  charges  for  water  furnished  as  aforesaid  shall 
be  sufficient  notice  to  maintain  suit  upon  such  lien  against  sub- 
sequent purchasers  or  attaching  creditors  of  said  real  estate. 

59.  Sale  of  Water  to  New  Castle.  The  town  of  New 
Castle,  its  successors  and  assigns,  is  hereby  empowered  to 
purchase,  receive,  take,  hold,  and  enjoy  from  the  city  of  Ports- 
mouth the  franchise,  rights  and  privileges  to  lay  water  pipe 
through  the  streets  of  said  New  Castle,  and  to  maintain  the 
same  and  to  supply  the  inhabitants  of  said  New  Castle  with 


1949]  Chapter  442  715 

water,  and  the  city  of  Portsmouth  is  hereby  authorized  to  sell 
the  same. 

Part  8 
Police  Department 

60.  Police  Department.  The  provisions  of  chapter  148 
of  the  Laws  of  1913  relative  to  the  appointment,  powers  and 
duties  of  the  police  commission  for  the  city  of  Portsmouth 
shall  continue  in  full  force  and  effect. 

61.  Authority  Given.  The  board  of  police  commissioners 
of  the  city  of  Portsmouth,  by  the  affirmative  vote  of  a  majority 
of  the  members,  may  at  the  request  of  any  member  of  the 
police  department,  or  at  the  request  of  the  chief  of  police,  re- 
tire from  service  for  one  year  any  member  of  the  police  de- 
partment, who,  in  the  judgment  of  said  board  has  become  dis- 
abled for  useful  service  while  in  the  actual  performance  of 
duty;  or  any  member  who  has  performed  faithful  service  in 
the  department  for  a  period  of  not  less  than  twenty  con- 
secutive years ;  and  may  grant  a  pension  to  such  retired  mem- 
ber for  a  period  not  exceeding  one  year  at  a  time.  No  such 
member  shall  be  granted  a  pension  unless  it  shall  be  certified 
to  the  said  board  of  police  commissioners  in  writing  by  the 
city  physician,  that  such  member  is  permanently  incapacitated 
either  mentally  or  physically  from  performing  his  duty  as  a 
member  of  the  department.  In  case  of  total  permanent  dis- 
ability caused  in  or  induced  by  the  actual  performance  of  his 
duty,  the  amount  of  said  pension  shall  be  one-half  of  the 
annual  compensation  of  the  office  from  which  he  is  so  retired. 
The  pension  of  a  member  who  has  served  twenty  or  more 
consecutive  years  shall  be  one-half  of  the  annual  salary  or 
compensation  of  the  office  from  which  he  is  retired. 

62.  Temporary  Employment.  The  said  board  of  police 
commissioners  are  hereby  authorized  in  case  of  emergency  to 
call  upon  any  person  so  pensioned  for  temporary  service  in 
the  department  for  which  he  is  fitted  and  during  such  service 
he  shall  be  entitled  to  full  pay. 

Part  9 
Poor  Department 

63.  Overseer  of  the  Poor.  The  city  council  shall 
annually  on  the  second  Thursday  of  January  choose  by  roll 


716  Chapter  442  [1949 

call  vote,  by  majority  vote,  an  overseer  of  the  poor  who  shall 
not  be  engaged  during  his  term  of  office  in  any  mercantile 
business  or  be  an  employee  of  any  person,  firm,  or  corporation 
so  engaged.  Said  overseer  shall  have  the  powers  and  duties 
of  the  present  board  of  overseers  of  the  poor,  and  shall  keep  a 
detailed  account  of  his  receipts  and  expenditures  authorized  by 
him  as  such  overseer  and  in  detail  of  the  persons  and  purposes 
for  which  such  expenditures  were  made.  If  during  his  term 
of  office  the  overseer  of  the  poor  becomes  disqualified  the  city 
council  shall  elect  his  successor. 

Part  10 

Registration  and  Elections 

Registration 

64.  Board  of  Registrai*s  Provided  For.  There  shall  be 
chosen  at  each  biennial  election  a  board  of  registrars  of  voters 
for  the  city  of  Portsmouth,  which  board  shall  be  composed  of 
seven  members,  apportioned  among  the  wards  in  said  Ports- 
mouth as  follows:  In  ward  one,  two  members  of  said  board, 
who  shall  be  legal  voters  in  said  ward;  in  ward  two,  two 
members,  who  shall  be  legal  voters  in  said  ward;  in  ward 
three,  one  member,  who  shall  be  a  legal  voter  in  said  ward ;  in 
ward  four,  one  member,  who  shall  be  a  legal  voter  in  said 
ward ;  and  in  ward  five,  one  member,  who  shall  be  a  legal  voter 
in  said  ward;  to  be  chosen  by  the  voters  of  said  wards  by  a 
plurality  vote;  and  the  members  so  chosen  shall  continue  in 
office  until  their  successors  are  chosen  and  qualified.  Any 
vacancy  occurring  in  said  board  may  be  filled  by  the  remaining 
members  by  their  appointing  under  their  hands  some  person 
who  is  a  legal  voter  in  the  ward  in  the  membership  of  which 
the  vacancy  happens. 

65.  Meetings  of  Board  of  Registrars.  The  board  of 
registrars  of  voters  of  the  city  of  Portsmouth  shall  be  in 
session  at  the  city  hall  for  the  purpose  of  revising  and  correct- 
ing the  list  of  voters,  for  six  days  before  the  biennial  state 
election  and  for  three  days  before  other  elections,  within  one 
month  next  preceding  the  day  of  election,  tlie  last  session  for 
registration  to  be  held  on  the  third  Monday  preceding  the  day 
of  election.  Said  sessions  shall  continue  from  nine  o'clock  to 
twelve  o'clock  noon,  from  two  o'clock  to  five  o'clock  in  the 
afternoon  and  from  seven  o'clock  to  nine  o'clock  in  the  evening 


1949]  Chapter  442  717 

of  said  days,  the  times  and  place  of  said  meetings  to  be 
advertised  in  a  newspaper  published  in  Portsmouth  for  at  least 
three  days  prior  to  the  first  meeting.  Said  board  shall  also 
meet  on  the  Friday  preceding  the  day  of  election  and  on 
election  day,  as  hereafter  provided. 

66.  Further  Duties  and  Oath.  In  preparing  the  list  of 
voters,  said  registrars  shall  record  the  first  or  Christian  name 
of  each  voter  in  full,  but  may  use  initial  letters  to  designate  the 
middle  name  or  names  of  any  voter;  they  shall  also  record 
against  the  name  of  each  voter  the  name  of  the  street,  and  the 
number  of  the  dwelling  if  numbered,  in  which  said  voter  re- 
sides; if  not  numbered,  then  such  description  as  shall  indicate 
as  nearly  as  possible  the  residence  of  such  voter. 

Before  the  list  is  posted  in  each  ward  the  registrars  shall 
take  and  subscribe  before  a  notary  public  or  justice  of  the 
peace  the  following  oath,  the  blanks  being  first  properly  filled, 
which  oath  shall  be  upon  each  posted  list  and  upon  each  copy 
thereof  used  at  the  election,  to  wit : 

We,  the  board  of  registrars  of  voters  of  the  city  of  Ports- 
mouth, do  solemnly  swear  that,  according  to  our  best  knowl- 
edge, the  within  list  contains  the  names  of  those  persons  only 
who  are  by  actual  residence  legal  voters  in  Ward  ....  in  said 
city.     So  help  us  God. 

The  magistrate  before  whom  said  oath  is  taken  shall  make 
on  the  face  of  said  check-list  a  certificate  thereof. 

67.  Perjury  and  Fraud.  Any  registrar  who  shall  swear 
falsely  in  taking  the  oath  upon  the  check-list  prescribed  by  this 
act  shall  be  taken  and  deemed  to  be  guilty  of  perjury,  and  shall 
be  liable  to  the  punishment  prescribed  therefor;  and  if  any 
registrar  appointed  under  the  provisions  of  this  act,  or  here- 
after elected  to  said  office,  shall  wilfully,  fraudulently,  or 
wickedly  place  upon  any  check-list  the  name  of  any  person  who 
is  not  qualified  to  be  put  thereon  as  a  legal  voter  in  the  ward 
to  which  the  check-list  belongs,  or  shall  consent  thereto,  or 
suffer  or  permit  the  name  of  any  person,  not  a  lawful  voter  in 
the  ward,  to  be  or  remain  on  the  check-list,  or  shall  refuse  to 
place  upon  such  check-list  the  name  of  any  person  who  is  a 
legal  voter  in  the  ward,  or  shall  neglect  or  refuse  to  attend  to 
the  duties  of  his  office,  or  to  hear  fairly  and  fully  all  appli- 
cations for  the  corrections  of  any  check-list,  or  shall  in  any 
way  conduct  himself  dishonestly,  unfairly,  or  unjustly  in  the 


718  Chapter  442  [1949 

discharge  of  the  duties  of  his  office,  he  shall  be  punished  by 
imprisonment  in  the  county  jail  not  exceeding-  six  months,  and 
by  fine  not  exceeding  five  hundred  dollars,  to  the  use  of  the 
county  of  Rockingham. 

68.  Alteration  on  Check-List;  Duties  of  Clerk.  If  the 
moderator,  selectmen,  or  ward  deck,  or  any  other  person,  shall 
alter  any  check-list  after  the  same  shall  have  been  delivered 
by  the  board  of  registrars  of  voters  to  the  ward  clerk  by  adding 
any  name  or  names  thereto,  or  erasing  any  name  or  names 
therefrom,  or  in  any  way  changing  the  lists,  such  officer  or 
person  so  offending  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  six  months.  The  clerk  of  each  ward  shall  make  out 
a  fair  and  exact  copy  of  the  record  of  all  votes  given  in  at  the 
biennial  meeting  for  the  election  of  representatives  to  the 
general  court,  and  shall  certify  upon  said  copy  that  the  check- 
list was  used  during  the  balloting  on  which  such  representa- 
tives were  chosen,  and  that  the  same  is  a  true  copy  of  said 
record,  and  shall  seal  said  copy,  and  direct  and  deliver  the 
same  as  required  by  the  Revised  Laws,  with  a  superscription 
upon  the  same  expressing  the  purport  thereof,  within  two  days 
after  such  meeting. 

69.  Police.  The  polices  commissioners  of  said  city  shall 
detail  an  officer  or  officers  to  attend  upon  said  board  during  its 
sessions,  to  preserve  order  and  obedience  to  law. 

Elections 

70.  Election  of  Officers  in  1949.  The  legal  voters  of  the 
city  of  Portsmouth  shall  meet  on  the  second  Tuesday  of 
December,  1949  and  biennially  thereafter  on  the  first  Tuesday 
after  the  first  Monday  of  November  for  the  choice  of  mayor, 
councilmen,  members  of  the  board  of  assessors  and  members 
of  the  board  of  street  commissioners,  all  of  whom  shall  be 
elected  for  a  term  of  two  years,  and  for  choice  of  six  members 
of  the  board  of  education  who  shall  be  elected  for  a  term  of 
four  years.  All  persons  elected  shall  take  office  on  the  first 
weekday  of  January  next  following  their  election.  Said 
elections  shall  be  held  and  conducted  in  the  same  manner  as  is 
prescribed  by  law  for  the  biennial  election, 

71.  Check-List  for  City  Elections.  The  board  of  regis- 
trars of  voters  shall  make  up  and  post  for  said  elections,  and 
for  every  subsequent  municipal  election  in  November,  a  list  of 


1949]  Chapter  442  719 

the  legal  voters  of  said  city  in  the  same  manner  in  which  they 
are  now  required  by  law  to  do. 

72.  Canvass  of  the  Votes.  The  city  council  shall  meet  on 
the  Thursday  next  following  the  second  Tuesday  of  December, 
1949,  and  on  the  Thursday  next  following  the  first  Tuesday 
after  the  first  Monday  of  November,  1950,  and  biennially  there- 
after on  the  Thursday  next  following  the  first  Tuesday  after 
the  first  Monday  of  November,  for  the  purpose  of  receiving 
and  examining  the  vote  for  mayor,  councilmen,  members  of  the 
board  of  assessors,  board  of  street  commissioners  and  board  of 
education,  and  to  take  such  action  thereon  as  may  be  required 
by  sections  2,  3,  and  4  of  chapter  63  of  the  Revised  Laws,  and 
said  sections  of  said  chapter  shall  also  apply  to  the  election  of 
councilmen  at  large  and  members  of  the  board  of  assessors, 
board  of  street  commissioners  and  board  of  education. 

73.  Biennial  Elections;  Officers  to  be  Chosen.  At  the 
election  to  be  held  in  December,  A.D.  1949,  and  at  each  bien- 
nial election  thereafter,  there  shall  be  chosen  in  each  ward  in 
said  city  a  ward  clerk,  a  moderator,  and  three  selectmen,  who 
shall  exercise  in  their  respective  wards  all  the  powers  and 
perform  all  the  duties  of  such  officers  in  towns,  and  such  addi- 
tional duties  as  may  be  imposed  by  this  act,  and  each  of  said 
officers  shall  continue  in  office  until  his  successor  is  chosen  and 
qualified. 

74.  Ballots;  Preservation.  All  the  ballots  cast  at  a 
biennial  municipal  election  shall  be  kept  by  the  city  clerk, 
sealed,  for  two  months,  and  may  be  opened  during  said  two 
months  upon  a  request  for  a  recount  by  any  candidate  voted 
for  at  the  election  at  which  they  were  cast,  or  upon  require- 
ment of  any  court  or  committee  of  the  city  council  or  at  the 
request  of  the  city  council. 

75.  Absentee  Voting.  Any  legal  voter  of  said  city  who 
is  absent  from  said  city  on  the  day  of  the  meeting  for  the 
election  of  city  and  ward  officers,  held  in  December,  1949,  and 
in  November  biennially  thereafter,  or  who,  by  reason  of 
physical  disability,  is  unable  to  vote  in  person  at  said  meeting, 
may  vote  at  said  election  by  so-called  absentee  ballot.  The 
provisions  of  sections  61  to  75  of  chapter  34  of  the  Revised 
Laws  as  amended,  so  far  as  applicable  hereto  and  not  in- 
consistent herewith,  shall  apply  to  such  absentee  voting  in  said 
city,  provided  that  the  city  clerk  shall  prepare  the  forms  and 


720  Chapter  442  [1940 

iDallots  for  such  voting  and  said  clerk  shall  also  prepare  the 
instructions  required  in  section  74  of  said  chapter  34,  as 
amended. 

Part  11 
School  Department 

76.  One  District.  The  city  of  Portsmouth  shall  con- 
stitute one  school  district. 

77.  Board  of  Education;  Election,  Duties,  Tenure  of 
Office.  There  shall  be  in  said  city  a  board  of  education  con- 
sisting of  the  mayor  ex-officio  and  twelve  other  members  which 
board  shall  have  the  powers  and  perform  the  duties  now  by 
law  vested  and  imposed  on  the  board  of  education  of  said  city. 

The  members  of  said  board  of  education  shall  be  elected  at 
the  biennial  election  by  the  qualified  voters  of  the  city  at  large, 
by  plurality  vote,  in  the  same  manner  as  councilmen  at  large 
are  elected,  and  biennially  thereafter  at  the  regular  municipal 
election  six  members  shall  be  elected  in  the  same  manner  and 
shall  hold  office  for  the  four  years  next  following  their  election, 
and  until  their  successors  are  elected  and  qualified. 

78.  Board  of  Education.  The  present  members  of  the 
board  of  education  shall  continue  in  office  until  the  expiration 
of  the  terms  for  which  they  were  elected. 

79.  High  School.  There  shall  be  kept  and  maintained  in 
the  city  of  Portsmouth  in  addition  to  the  schools  of  a  lower 
grade,  at  least  one  high  school,  in  which  shall  be  taught  all  the 
branches  usually  taught  in  such  school,  with  sucli  additional 
branches  as  the  city  may  direct. 

80.  Control  of  Schools.  The  board  of  education  shall 
have  the  entire  control  and  supervision  of  all  the  public  schools 
in  the  city,  and  may  exercise  said  control  by  means  of  sub- 
committees or  otherwise ;  and  it  shall  be  their  duty  to  arrange, 
as  nearly  as  possible,  a  uniform  system  of  studies  and  vacations 
in  all  the  schools  of  the  same  grade. 

81.  Electing  Teachers;  Report.  The  board  of  education 
shall  appoint,  from  time  to  time,  such  teachers  as  they  may 
deem  expedient,  prescribe  their  duties  and  affix  their  salaries ; 
and  shall,  on  the  first  day  of  January  in  each  year,  render  to 
the  mayor  and  aldermen  a  full  and  particular  report  of  the 
receipts  and  expenditures  for  the  year ;  the  number  of  scholars 
under  their  control;  the  number  of  pupils  of  each  sex  belong- 


1949]  Chapter  44^  *72l 

ing  to  each  school;  the  average  number  of  each  sex  attending 
school;  their  ages,  the  various  branches  of  study  taught  in 
each  school,  and  such  other  matters  as  may  serve  to  present  a 
general  view  of  the  condition  of  each  school. 

82.  Control  of  Money.  All  moneys  appropriated  for  the 
support  of  public  schools  shall  be  subject  to  the  control  of  the 
board  of  education  who  shall  cause  the  same,  or  any  part  there- 
of, to  be  expended  for  the  benefit  and  welfare  of  the  schools. 

83.  Treasurer.  The  board  shall  appoint  a  treasurer^ 
whose  duty  it  shall  be  to  draw  from  the  city  treasury,  at  such 
times  as  they  may  direct,  the  money  appropriated  for  the 
support  of  schools,  and  to  disburse  the  same,  under  thei 
direction  of  the  board.  Said  treasurer  shall  give  bonds,  if 
required  by  the  board,  in  such  sum  as  they  may  fix  for  the 
faithful  performance  of  his  duties. 

84.  Estimate.  It  shall  be  the  duty  of  the  board  to  pre- 
sent to  the  city  council,  on  or  before  the  first  day  of  April  in 
each  year,  an  estimate  of  the  amount  of  moneys  required  for 
the  schools  during  that  year. 

85.  Nomination  of  Superintendent.  The  superintendent 
of  public  instruction,  otherwise  called  the  superintendent  of 
schools  in  the  city  of  Portsmouth,  shall  hereafter  be  nominated 
by  the  board  at  its  regular  monthly  meeting  in  May,  or  as  soon 
thereafter  as  is  practicable  in  each  year,  instead  of  in  the 
month  of  July  as  now  provided ;  and  he  shall  hold  his  office  for 
one  year  from  the  first  day  of  July  next  following  said  month 
of  May  or  until  his  successor  is  elected  and  qualified  in  his 
stead. 

86.  Superintendent;  His  Duties  and  Compensation.  If 
any  vacancy  shall  occur  in  said  office  by  resignation  or  other- 
wise, said  board  shall  fill  the  same.  Said  superintendent  shall 
exercise  the  general  supervision  of  the  public  schools  in  said 
city  under  the  direction  of  the  board,  and  shall  perform  such 
duties  as  relate  to  the  visiting  of  schools,  and  shall  assist  in 
the  examination  of  teachers  and  scholars.  He  shall  make  an 
annual  report  to  the  board  at  such  time  as  said  board  shall  de- 
termine, and  shall  report  the  proceedings  and  the  condition  and 
progress  of  the  schools  to  the  said  board  as  often  and  in  such 
manner  as  they  may  require.  In  addition  he  shall  serve  as 
secretary  of  the  board;  and  for  his  service  as  superintendent 


722  Chapter  442  [1949 

and  secretary  he  shall  receive  such  compensation  as  said  board 
may  determine. 

Retirement 

87.  Retirement  from  Active  Service.  The  mayor  and 
city  council  of  the  city  of  Portsmouth  may,  at  the  request  of 
the  superintendent  of  schools,  and  two-thirds  of  the  members 
of  the  school  board  actually  voting  in  favor  thereof,  retire 
from  active  service  any  teacher  or  other  employee  of  the  public 
schools  who  has  performed  faithful  service  as  such  teacher  or 
employee  in  said  Portsmouth  for  a  period  of  at  least  thirty 
consecutive  years,  and  may  grant  a  pension  to  such  retired 
teacher  or  employee  for  a  period  not  exceeding  one  year  at  a 
time.  The  mayor  and  city  council  may,  in  the  same  manner, 
grant  a  pension,  for  the  same  period  to  any  former  teacher  or 
employee  of  the  pubhc  schools  of  said  Portsmouth  who  has 
performed  faithful  service  as  such  teacher  or  employee  for  a 
period  of  at  least  thirty  consecutive  years.  The  mayor  and 
city  council  may  also  grant  a  pension  for  the  same  period  to  any 
teacher  or  employee  who  has  performed  faithful  service  in  the 
schools  of  Portsmouth  for  at  least  fifteen  years  and  has  there- 
after been  forced  to  retire  from  active  work  on  account  of  ill- 
ness, or  any  other  form  of  disability,  in  the  amount  not  to  ex- 
ceed such  fractional  part  of  the  amount  that  might  be  granted 
after  thirty  years  of  service  as  his  actual  full  years  of  service 
bears  to  thirty  years. 

88.  Amount  of  Pension.  No  pension  granted  in  accord- 
ance with  the  provisions  of  the  foregoing  section  shall  exceed 
in  amount  one-half  the  annual  salary  or  compensation  received 
by  the  pensioner  during  the  year  immediately  preceding  retire- 
ment. 

89.  Statement  to  Mayor  and  Council.  Annually  in  the 
month  of  January  the  board  of  education  of  said  city  of  Ports- 
mouth shall  submit  to  the  mayor  and  council  a  statement  of  the 
sum  of  money  needed  to  carry  out  the  provisions  of  this  sub- 
division. 

90.  Payment  Quai'terly.  The  treasurer  of  said  city  of 
Portsmouth  shall  be  authorized  to  pay  quarterly  to  said  pen- 
sioner the  sum  of  money  specified  by  the  board  of  education. 


1949]  Chapter  442  723 

Part  12 
Miscellaneous  Provisions 

91.  Books  and  Records.  All  books  of  account,  in  relation 
to  the  receipt,  holding  or  disbursement  of  moneys  of  the  city 
kept  by  any  official  of  the  city,  shall  be  paid  for  by  the  city, 
shall  remain  the  property  of  the  city,  and  shall  be  turned  over 
to  the  city  clerk  whenever  the  keeper  of  the  books  of  account 
retires  from  office.  All  books  pertaining  to  city  affairs  kept  by 
the  city  clerk,  the  overseer  of  the  poor,  the  board  of  assessors, 
the  city  treasurer,  the  collector  of  taxes,  and  the  city  auditor 
shall  be  kept  in  the  city  building  in  their  proper  places  and 
shall  not  be  removed  therefrom  without  an  order  of  court  or  a 
vote  of  the  city  council  first  had  and  obtained.  All  books  and 
accounts  of  any  official  of  the  city  and  all  records  of  the  city 
council  and  any  committee  thereof  shall  at  all  times  in  busi- 
ness hours  be  open  to  the  inspection  of  any  citizen  of  the  city. 

92.  City  Clerk.  The  city  clerk  shall  give  his  entire  time 
to  the  duties  of  the  office  and  shall  be  subject  to  the  authority 
of  the  city  council.  He  may  be  removed  from  office  on  vote  of 
the  city  council  at  its  pleasure.  He  shall  have  charge  of  all 
books,  records,  and  accounts  of  the  city. 

93.  Duties  of  Commission  Chairmen.  It  shall  be  the 
duty  of  each  chairman  of  a  commission  or  board  to  attend  the 
meetings  of  the  council  when  specifically  requested  by  the 
council  or  the  mayor,  and  to  answer  such  questions  relative  to 
the  affairs  of  the  city  under  his  management  as  may  be  put  to 
him  by  any  member  of  the  council. 

94.  Saving  Clause;  Repeal.  So  much  of  the  previous 
charter  of  the  city  of  Portsmouth  and  of  laws  passed  in  amend- 
ment thereof  as  is  now  in  force  relative  to  its  water-works  and 
sewers  are  continued  in  force,  the  powers  thereby  given  to  said 
city  of  Portsmouth  or  any  board  or  commission  thereof  are 
hereby  vested  in  said  city  council  in  the  same  manner  as 
though  they  were  originally  so  written.  All  special  legislation 
relating  to:  the  jurisdiction  of  the  municipal  health  officer  over 
the  harbor;  harbor-master;  police  retirement;  municipal 
court;  schools  and  school  departments;  and  the  borrowing  of 
money  for  various  purposes  is  hereby  continued  in  force ;  with 
the  exception  of  provisions  inconsistent  with  this  charter ;  but 
all  other  special  legislation  relative  to  the  government  of  the 
city,  not  herein  expressly  saved,  is  hereby  repealed.     All  gen- 


724  Chapter  442  [1949 

eral  laws  relative  to  the  government  of  cities  shall  remain  in 
force  in  the  city  so  far  as  the  same  can  be  applied  consistently 
with  the  interests  and  purposes  of  this  charter,  but  shall  be 
deemed  superseded  as  to  this  city  so  far  as  inconsistent  here- 
with. 

95.  Saving  Clause  Municipal  Legislation.  All  ordinances 
and  by-laws  of  the  city  or  its  city  council  shall  continue  in 
force  until  altered  or  repealed,  except  where  a  contrary  intent 
herein  appears. 

96.  Tenure  of  Office.  The  incumbents  when  this  charter 
takes  effect,  who  are  not  elected  by  popular  vote,  of  all  muni- 
cipal offices  not  hereby  abolished  or  superseded  shall  continue 
to  hold  the  same  until  the  expiration  of  their  respective  terms 
where  a  term  of  years  exists,  or  until  such  offices  are  abolished 
or  superseded  by  lawful  ordinances. 

The  office  of  city  manager  is  hereby  abolished  as  of  De- 
cember 31,  1949.  The  six  members  of  the  school  board  elected 
for  a  four-year  term  on  December  9,  1947  shall  continue  in 
office  until  the  expiration  of  their  term  and  the  six  additional 
members  shall  be  elected  at  the  special  election  provided  for 
by  the  adoption  of  this  charter. 

97.  Separability.  The  sections  of  this  charter  and  the 
parts  thereof  are  separable.  If  any  portion  of  this  charter,  or 
the  application  thereof  to  any  person  or  circumstance,  shall  be 
held  invalid,  the  remainder  thereof  or  the  application  of  such 
portions  to  other  persons  or  circumstances  shall  not  be  affected 
thereby. 

2.  Referendum.  This  charter  shall  not  take  effect  un- 
less it  is  adopted  by  a  majority  of  all  voters  voting  at  the 
municipal  election  to  be  held  in  the  city  of  Portsmouth  on 
November  8,  1949.  On  the  ballot  used  in  said  election  the 
following  question  shall  appear  at  the  bottom  of  said  ballot, 
"Shall  the  Council-Manager  form  of  government  be  abolished 
and  the  Mayor-Council  Charter  reinstated?"  Beneath  the 
question  shall  be  printed  the  word  "Yes"  and  the  word  "No" 
with  a  square  immediately  opposite  each  word,  and  the  voter 
may  indicate  his  choice  by  making  a  cross  in  the  appropriate 
square.  If  a  majority  of  all  voters  voting  at  the  said  muiiiCiviii 
election  to  be  held  in  the  city  of  Portsmouth  on  November  8, 
1949  shall  vote  "Yes"  upon  said  question,  this  act  shall  thereby 
be  declared  to  have  been  adopted. 


1949]  Chapter  443  725 

3.  Takes  Effect.  Section  2  of  this  act  shall  take  effect  up- 
on its  passage,  and  if  this  act  is  adopted  at  the  municipal 
election  to  be  held  November  8,  1949,  as  provided  in  said 
section  2,  then  the  election  of  officers  on  November  8,  1949, 
shall  be  null  and  void  and  a  special  election  shall  be  held  on 
December  13,  1949,  for  the  election  of  a  mayor,  four  council- 
men  at  large,  five  ward  councilmen,  three  members  of  the  board 
of  street  commissioners,  three  members  of  the  board  of 
assessors,  and  six  members  of  the  board  of  education,  who 
shall  take  office  on  the  first  weekday  of  January  following  their 
election.  Said  special  election  on  December  13,  1949,  shall  be 
conducted  in  the  same  manner  as  prescribed  by  the  provisions 
established  by  this  act.  The  remainder  of  this  act,  other  than 
section  2  shall  take  effect  as  follows :  so  much  as  relates  to  the 
preliminaries  for  and  the  holding  and  conduct  of  the  first 
municipal  election  on  December  13,  1949,  shall  take  effect  im- 
mediately upon  adoption.  For  all  other  purposes  this  charter 
shall  take  effect  on  January  1,  1950. 
[Approved  July  28,  1949.] 


CHAPTER  443, 


AN  ACT  TO  LEGALIZE  PROCEEDINGS  OP  CERTAIN  TOWNS,  SCHOOL 

DISTRICTS  AND  COUNTY  DELEGATIONS,  TO  AUTHORIZE  OTHER 

MUNICIPAL    ACTION,    AND    RELATIVE    TO    TRUSTEES    OF 

BRACKETT     ACADEMY,      THE      CHARTER     OF     THE 

MANCHESTER     SAVINGS     BANK     AND     THE 

RECLASSIFICATION     OF     A     ROAD     IN 

MILTON. 

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

1.  Campion.  The  votes  and  proceedings  of  the  annual 
town  meeting  in  the  town  of  Campton  held  on  March  8,  1949 
are  hereby  legalized,  ratified  and  confirmed. 

2.  Canaan.  The  votes  and  proceedings  of  the  annual  town 
meeting  in  the  town  of  Canaan  held  on  March  8,  1949  are  here- 
by legalized,  ratified  and  confirmed. 


726  Chapter  443  [1949 

3.  Amherst.  The  votes  and  proceedings  of  the  annual 
town  meeting  in  the  town  of  Amlierst  held  on  March  8,  1949 
are  hereby  legalized,  ratified  and  confirmed. 

4.  Ossipee  School  District.  The  votes  and  proceedings  of 
the  annual  school  meeting  in  the  town  of  Ossipee  held  on 
April  12,  1949  insofar  as  the  same  are  related  to  the  election  of 
officers  of  the  Ossipee  school  district  are  hereby  legalized, 
ratified  and  confirmed. 

5.  Coos  County.  The  public  hearing  on  the  budget  state- 
ment of  the  county  commissioners  of  the  county  of  Coos  held 
at  Berlin  on  May  7,  1949  shall  be  deemed  to  have  been  held  in 
accordance  with  the  applicable  statutory  provisions  covering 
such  hearings. 

6.  Rockingham  County.  The  public  hearing  on  the  budget 
for  the  county  of  Rockingham  held  at  the  Rockingham  county 
farm  at  Brentwood  on  March  4,  1949  is  hereby  declared  to  have 
been  held  in  accordance  with  the  applicable  provisions  covering 
such  hearings. 

7.  Proceedings  Validated.  The  votes  and  proceedings  of 
the  April  12,  1949  annual  meeting  of  Lancaster  Union  School 
District  No.  1  in  the  town  of  Lancaster  are  hereby  legalized, 
ratified,  and  confirmed  insofar  as  they  might  otherwise  be 
affected  by  any  failure  to  post  the  warrant  therefor  as  re- 
quired by  law,  and  by  any  failure  to  comply  with  the  pro- 
visions of  Revised  Laws,  chapter  52. 

8.  Application  of  Laws.  The  provisions  of  Revised  Laws, 
chapter  72,  as  amended,  including  the  act  entitled  "granting 
school  districts  temporary  emergency  exemption  from  certain 
provisions  of  the  municipal  bond  statute"  passed  on  March  11, 
1949,  shall  apply  to  the  issue  and  sale  of  bonds  voted  at  said 
meeting,  referred  to  in  section  7. 

9.  Wolfeboro  Fire  Precinct,  Additional  Debt  Authorized. 
The  village  fire  precinct  of  the  town  of  Wolfeboro  is  hereby 
authorized  to  incur  indebtedness  in  an  amount  not  exceeding 
one  hundred  thousand  dollars  for  the  purpose  of  improving  its 
electric  light  plant,  extending  its  electric  lines  and  for  delayed 
maintenance,  said  amount  to  be  in  addition  to  the  amounts 
already  authorized  by  law. 

10.  Bonds  Authorized.  In  accordance  with  section  9  here- 
of, the  commissioners  of  the  village  fire  precinct  of  the  town 
of  Wolfeboro  are  hereby  empowered  and  authorized  to  issue 


1949]  Chapter  443  727 

for  and  in  behalf  of  said  district  serial  notes  or  bonds  to  an 
amount  not  exceeding  one  hundred  thousand  dollars  for  the 
purposes  specified  in  said  section  9.  Said  notes  or  bonds  shall 
be  issued  in  conformity  with  the  provisions  of  chapter  72  of 
the  Revised  Laws  excepting-  as  may  be  otherwise  provided  in 
sections  9,  10,  and  11  hereof. 

11.  Wolfeboro,  Interest  Rate.  Said  notes  or  bonds  shall 
bear  interest  at  a  rate  not  exceeding  two  and  one-half  per  cent 
and  shall  be  signed  by  the  precinct  commissioners  and  counter- 
signed by  the  precinct  treasurer. 

12.  Town  of  Greenland,  Brackett  Academy.  Arthur  J. 
Sewall,  Clarence  Cowing,  Earl  W.  Caswell,  Irving  Ralston  and 
Leo  Spencer,  all  of  Greenland  in  the  county  of  Rockingham 
and  state  of  New  Hampshire,  are  hereby  designated  and  con- 
stituted as  the  board  of  trustees  of  Brackett  Academy,  a 
corporation  created  by  chapter  54  of  the  Laws  of  1824,  there 
being  a  complete  vacancy  in  said  board.  Said  board  of  trustees 
is  hereby  authorized  to  convey  to  the  town  of  Greenland  the 
real  estate  in  said  town  of  Greenland  known  as  Brackett 
Academy,  heretofore  leased  to  said  town  by  said  academy  for 
a  term  of  ninety-nine  years.  The  trustees  hereby  named  are 
also  authorized  to  do  anything  necessary  to  carry  out  the  pro- 
visions of  this  act  relative  to  the  transfer  of  property  to  the 
town  of  Greenland. 

13.  Plymouth  School  District.  The  vote  of  the  Plymouth 
school  district  at  its  annual  meeting  on  March  3,  1949,  to 
finance  the  cost  of  enlarging  its  school  facilities  by  a  bond  issue 
of  eighty  thousand  dollars  ($80,000)  face  value,  is  hereby 
ratified,  legalized  and  validated ;  and  the  authority  of  the  school 
board  and  of  the  treasurer  to  execute  such  bonds  and  to  afiix 
the  district  seal  in  behalf  of  the  district,  and  the  authority  of 
the  school  board  to  fix  the  time  and  place  of  payment  and  the 
rate  of  interest  of  such  bonds  and  to  arrange  the  sale  thereof, 
are  hereby  confirmed  so  far  as  necessary  to  make  said  bonds 
the  valid  obligations  of  the  district,  provided,  however,  that  the 
maturity  dates  of  said  bonds  and  the  amount  thereof  shall 
comply  with  the  provisions  of  Revised  Laws,  chapter  72,  and 
all  amendments  thereof,  including  an  act  entitled,  "granting 
school  districts  temporary  emergency  exemption  from  certain 
provisions  of  the  municipal  bonds  statute"  approved  March  11, 
1949. 


728  Chapter  443  [1949 

14.  Gilford  School  District.  All  votes  and  proceedings  of 
the  Gilford  school  district  taken  at  the  annual  meeting  of 
March  12, 1949,  and  adjournments  thereof  held  June  4,  5  and  6, 
1949  relative  to  borrowing  the  sum  of  ten  thousand  dollars  for 
the  school  heating  plant,  are  hereby  legalized,  ratified  and  con- 
firmed. 

15.  Manchester  Savings  Bank.  Amend  section  3  of  an  act 
approved  July  8,  1846  being  the  charter  of  the  Manchester 
Savings  Bank  and  being  known  as  chapter  404  of  the  Laws  of 
1846,  by  striking  out  after  the  word  "affairs"  the  words,  "pro- 
vided such  real  estate,  held  at  any  one  time  for  the  said  pur- 
pose, shall  not  have  exceeded  in  value,  at  the  time  of  the 
purchase  or  acceptance  thereof  by  said  corporation,  the  sum 
of  six  thousand  dollars  "and  by  striking  out  after  the  word 
"incurred"  the  words,  "provided,  that  the  real  estate  so  holden 
shall  not  at  any  one  time  exceed  in  value  the  sum  of  fifteen 
thousand  dollars"  so  that  said  section  as  amended  shall  read  as 
follows:  Sect.  3.  Said  corporation  shall  be  capable  of  re- 
ceiving and  holding  such  buildings  and  real  estate  as  shall  be 
necessary  and  convenient  for  managing  its  affairs.  And  the 
said  corporation  shall  be  further  able  to  take,  hold  and  dispose 
of  any  real  estate  whatever  which  may  be  bona  fide  mortaged 
or  pledged  for  the  security  of  its  loans  or  debts  due  to  it,  or 
which  may  be  bona  fide  conveyed  to  or  taken  by  said  corpo- 
ration, in  satisfaction  or  discharge  of  debts,  demands  or  liabili- 
ties which  have  been  previously  contracted  or  incurred. 

16.  New  Ipswich  School  District.  The  votes  and  proceed- 
ings of  the  New  Ipswich  school  district  at  the  annual  meeting 
on  March  8,  1949,  and  the  adjournment  thereof  on  March  22, 
1949,  relative  to  the  issuance  of  serial  notes  or  bonds  to  an 
amount  not  exceeding  twenty-five  thousand  dollars  ($2,5,000) 
for  the  purpose  of  constructing  and  equipping  a  two-room  addi- 
tion to  the  present  elementary  school  building,  and  the 
authority  of  the  school  board  to  fix  the  time  and  place  of  pay- 
ment and  the  rate  of  interest  of  such  bonds,  and  to  arrange  the 
sale  thereof,  are  hereby  legalized,  ratified  and  confirmed. 

17.  City  of  Dover.  The  city  of  Dover  is  hereby  authorized 
and  empowered  to  issue  its  serial  bonds  or  notes  for  the  pur- 
pose of  construction  of  new  school  buildings  or  for  the  alter- 
ation of  present  structures,  or  for  the  enlargement  and  im- 
provement of  existing  school  facilities  and  for  the  acquisition 


1949]  Chapter  443  729 

of  school  equipment  to  an  amount  not  exceeding  five  per  cent 
of  the  last  assessed  valuation  of  the  taxable  property  of  said 
city.  The  city  of  Dover  shall  not  take  any  action  under  the 
authority  of  this  section  after  December  31,  1951,  provided 
that  this  limitation  shall  not  affect  the  validity  of  any  bonds 
or  notes  issued  under  the  authority  of  said  section  prior  to  said 
date.  In  addition  to  the  authorization  for  borrov/ing  by  said 
city  of  Dover  provided  for  in  this  section,  said  city  shall  not  in- 
cur debt  to  an  amount  exceeding  three  per  cent  of  its  last 
assessed  valuation.  During  the  period  that  this  section  is  in 
effect  all  acts  relative  to  borrowing  by  the  city  of  Dover  are 
hereby  suspended,  provided  that  such  suspension  shall  not 
affect  the  validity  of  any  bonds  or  notes  issued  under  the 
authority  of  said  acts  prior  to  the  date  of  the  passage  of  this 
act, 

18.  Milton  Highway  Reclassification.  The  road  in  the 
town  of  Milton  known  as  Pond  Road  running  from  Route  16 
at  the  town  house  to  the  Maine  boundary  line  being  1.13  miles 
in  length,  now  being  a  part  of  the  secondary  classification  of 
highways,  is  hereby  changed  to  Class  V  highway. 

19.  Surry  School  Meeting.  The  votes  and  proceedings  at 
the  annual  meeting  of  the  Surry  school  district  held  on  the 
third  day  of  March,  1949  and  the  special  meeting  of  said 
school  district  held  the  twenty-ninth  day  of  June,  1949  are 
hereby  legalized,  ratified  and  confirmed. 

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

[Approved  July  28,  1949.] 


THE  STATE  OF  NEW  HAMPSHIRE 


Office  of  Secretary  of  State. 

Concord,  September  27,  1949. 

I  hereby  certify  that  the  acts  and  resolutions  contained  in 
this  volume  have  been  compared  with  the  originals  in  this  office 
and  found  to  be  correctly  printed. 

ENOCH  D.  FULLER, 
Secretary  of  State. 


INDEX 

Prepared  by 
ELIOT  U.  WYMAN 


INDEX 

TO 

NEW  HAMPSHIRE  LAWS 

JANUARY  SESSION,  1949 


Accidents,  motor  vehicle,  conduct   28,  293 

Accounting,  board  of,  appropriation   476,  518 

Adjutant  general,  department  of,  appropriation   441,  483 

Administrators,  allowance  to  widow   239 

Aerial   tramway,   appropriation    479,  521 

Aeronautics,  airport  managers   142 

appropriations     470,  512,  539 

certificates,    suspension    79 

commercial  landing  areas  402 

fees,  engineering  services  402 

liens  for  storage   51 

private  airports,   regulations    45 

Agricultural  fairs,  accounts,  audit   74 

defined    205 

funds,  distribution  of   74 

premiums,  reports  of   74 

records  required   74 

Agriculture,  see  also  Bang's  disease,  Poultry 

department  of,  appropriation   143,  -142,  484 

feeding-stuflf,  definition   58 

milk  and  cream,  purchase,  license    140 

potatoes,  grading  required   61 

powers  of  commission  140 

soil  conservation,  committee  56 

Air  pollution,  committee  to  study 521 

Aircraft,  see  Aeronautics 
Alcoholic  beverages,  see  Liquor 
Alcoholics,  see  Inebriates 

Aliens,  municipal  office,  ineligible   242 

Amherst,  proceedings  legalized    726 

Amputees,  veterans,  motor  vehicle  registration  31 

Animals,  see  Agriculture,  Bang's  disease.  Poultry 

Annuities,  value,  determination  of   403 

Apportionment  of  public  taxes  325 


734                                        Index  [1949 

Appropriations,  aeronautical  safety   539 

agriculture,  department  of    143 

Bang's  disease  143,  369 

bonus,  state  employees   97,  288 

civil  air  patrol   430 

defense  act  398 

classification  system  522 

coasting,   authorized   34 

constitutional  convention   431 

deficiency,  state   143,  432 

fish  and  game,  extended  431 

forest  fire  expenses  538 

highway  construction    211 

hospital  care,  committee   536 

insurance  companies,  in  favor  of   523 

legislature    431 

ventilating    system    526 

northeastern  fire  compact  379 

skating,   authorized    34 

state,  biennium    439,  481 

capital  improvements  434 

supplemental    143,  432 

temporary  322 

transfer  from  sinking  fund  433 

state  employees  bonus   97,  288 

Arts  and  Crafts,  League  of,  appropriation  444,  486 

Ashland,  forest  fires,   expenses    538 

transfer  of  funds   545 

Assessors,  special  tovi^n,  election  of  2 

Atlantic  Marine  Fisheries,  amendment  authorized    292 

appropriation  444,  486 

Attorney  general,  appropriation    443,  485 

assistant,  duties  repealed  32 

communications   privileged    19 

Auditors,  selection  by  school  districts   8 

superior  court   138 

Bail   commissioners,   fees    126 

Bang's  disease,  adult  vaccination,  alternate   342 

appropriations    143,  369 

bonds  and  notes  authorized  144 

payments    368 

Band  commissioner,  annual   report   12 

appropriation    471,  512 

Banks,  co-operative,  conversion  164 

cost  of  examinations    471,  512 

credit  unions,  use  of  funds 19 

deferred  posting  permitted    59 

deposit  of  city  funds,  limitation   235 


1949]  Index  735 

Banks,  legal  investments    44,  137 

deposit  books  237 

fire  insurance  stock  237 

investment  trust  shares   238 

officers'  bonds,  report  by  commissioner 12 

payments  to  commissioner  471,  512 

small  lo'an  licenses,  annual  reports 244 

trust  companies,  loan  power   11 

veterans,  loans  to  21 

Barber  schools,  registration  required  57 

Barbers,  board  of,  appropriation  461,  502 

Bath,  adjustments  to  tax  payers 570 

Beam  trawls,  prohibited   349 

Beano,  application  of  laws   354 

definitions    353 

fees    353,  354 

licenses   353,  354 

local  option  354 

penalties   354 

Bear  Brook  park,  accommodations,  limitation   400 

Beaver,  taking   245 

Beer,  see  Liquor 

Belmont,  bonds  authorized  694 

Berlin,  check-lists   559 

Berlin  Lodge  No.  1056,  named  640 

Bethlehem,  notes  authorized    555 

proceedings   legalized    555 

property  purchase  authorized  555 

Bicycles,  motorized,  4efiried   210 

Bills,  see  Legislature 

Binder  chains,  certain  loads,  required  145 

Biologicals,  purchase  and  distribution   90 

Births,  recording  of,  rules  86 

Blue  Star  Memorial  highway,  named 104 

Boar,  wild,  extermination  of    356 

Board  of  health,  biologicals,  distribution   90 

records,  destruction 66 

vital  statistics  85 

Board  of  parole,  constitution  of   170 

Boats,  registration,  transfer  of  funds 481 

Bond  indebtedness,  sewage  systems   70 

issues,  forest  conservation  361 

state  treasurer   97 

Bonds  authorized,  Bang's  disease    144,  369 

capital  improvements   437 

fish  and  game   431 

highway  construction  211 

toll  road,  additional  389 

Bonds  to  cover  public  works  65 


736  Index  [1949 

Bonus,  state  employees 97,  288 

Boston,  Concord  and  Montreal  railroad,  dissolved    109 

Boundary  lines,  felling  trees  on  113 

Bounties,  time  for  accounting 17 

Bow  and  arrow,  deer,  taking  306 

Brackett  Academy,  trustees  named  727 

Bradford,  Lake  Todd  named  72 

Brakes,   stopping   distance    72 

Brands,  see  also  Trade-Mark  Law,  Poisons 

for  bottles,  registering,  fees   315 

Bridges,  see  also  Highways 

interstate,  defense  of  399 

state  aid  269 

Bristol,  bonds  validated   568 

Brookline  railroads  dissolved 110 

Brucellosis,  see  Bang's  disease 

Building  and  loan  associations,  amendments  to  articles  95 

conversion  164 

limits    93 

on   shares    95 

loans  to  officers   . . .  .' 95 

name  of   W 

shares,   called    96 

Burial  expenses,  veterans   , 20,  162 

permits,  stillbirths   87 

Business  corporations,  recording  fees  312 

Busses,  operation,  commercial  license  203 

Campton,  proceedings  legalized    725 

Canaan,  proceedings  legalized  725 

Cancer  commission,  appropriation    !71,  513 

Candidates,  see  Elections 

Capital  improvements,   state    434 

reserve  fund,  cities    181 

Manchester   690 

Carrier  contract,  definition    160 

Cemetery  records,  keeping  43 

Qiange  o  f  names  297 

Charitable  trusts,  director  of   32 

Charters  of  corporations  repealed    659 

Children,  adoption,  names  of  parents  297 

agencies  for,  licensing  282 

handicapped,   education   required    178 

illegitimate,  statistics 208 

neglect  by  father  or  mother  177 

placing  under  care  of  another • 282 

notice  to  welfare  department  285 

school,  duty   to  attend    81 

Children's  study  home,  director,  salary  429 


1949]  Index  737 

chiropractic  examiners,  appropriation   ...;..:.......*....      461,  502 

Cilli,  Luigi,  in  favof  of   532 

Cities,  se^e  also  Towns,  Town  Clerks 

Capital  reserve  funds,  appropriations 183 

audit    183 

authorized    181 

expenditures    183 

investments    182 

limitations    182 

meetings   for    181 

payments  into    182 

penalty   183 

prohibition    183 

purpose,  change  183 

repeal  184 

surplus,   use    182 

funds,  deposit  in  banks   235 

health,  district  departments  authorized    226 

highway  law,  application    348 

lien  for  sewer  assessment  71 

sewage  leases  permitted    70 

systems,  debt  limit   69 

Civil  air  patrol,  appropriation  430 

defense  agency  created 391 

Claremont,  bonds  authorized  544 

charter  revised   578 

Classification  plan  board,  appropriation  444,  486 

compensation    3 

system,  revision    522 

Clerks  of  Superior  court,  deputies 84 

Coasting,  appropriations  authorized   34 

Commander-in-chief,  staff  and  rank  174 

Commercial  foods,  feeding-stuff,  definition    58 

landing  area  defined  402 

Commissions  and  fees    315 

Communicable  diseases,  common  cups   280 

towels   280 

conferences,  officers   280 

disinfection    280 

penalty    281 

public    assistance    279 

quarantine    279 

reporting  of   278 

reports,    forms    279 

treatment,   right  to  choose   281 

venereal    280 

Communism,  advocacy  prohibited 414 

oath  required   414 

Competitive  bidding,  counties   159 


738  Index  [1949 

Comptroller,  department,  appropriation   444,  486 

Concord,  assessors,  salary   575 

charter  revisions 607,  688 

alternative    592,  607 

council-manager  plan   592 

Union  Schcool  District,  named   623 

powers  623 

Concord  and  Qaremont  railroad,  dissolved   110 

Montreal  railroad,  dissolved   110 

Building  and  Loan  Association,  name  changed  553 

Co-operative  Bank,  named  553 

Female  Charitable  Society,  powers  564 

Congregational  Society  in  Stratham,  authorization   553 

Connecticut  River  railroad  company,  dissolved   110 

Conservation  officers,  see  also  Fish  and  Game 

bond  not  required  349 

police  powers   44 

Constitutional  convention,  appropriation    431 

jury  service,  exemption   241 

Contoocook  River  railroad,  dissolved  llO 

Valley  railroad,  dissolved    110 

Contracts,  state,  sealed  bids  437 

wife's,  rights  and  liabilities  207 

Conveyances,  reports  by  registers  of  deeds 299 

Conway,  proceedings  legalized   546 

Co-operative  banks,  see  also  Banks 

conversion    164 

marketing,  recording  fees   312 

Coos  county,  commissioners,  salaries  67 

horned  pout,  taking  324 

proceedings  legalized   726 

Corporations,  see  also  Foreign  corporations 

charters   repealed    659 

dissolution  of  certain  railroads   109 

recording  fees  312 

registration  of  foreign   230 

Cost  of  living  bonus,  state  employees 288 

Counties,  competitive  bidding  required   159 

County  commissioner  districts,   Merrimack    368 

commissioners,  notice  to   selectmen    4 

Rockingham,  compensation    276 

salaries,  Ccos    67 

Hillsborough    157 

convention,  notice  to  selectmen   4 

solicitors,  non-support  cases,   duties 149 

salary,  Sullivan   186 

treasurer,  disbursement  of  lease  receipts 308 


/ 
1949]  Index  739 

Court,  municipal,  see  Alunicipal  court 

probate,  see  Probate  court 

Superior,  see  Superior  court 

Supreme,  see  Supreme  court 

Court  stenographers,  number  of  83 

Couture,  Blanche  B.,  in  favor  of  533 

Convent  de  la  Presentation  de  Marie 

proceedings  legalized  556 

Cows,  see  Bang's  Disease 

Credit  unions,  use  of  funds  19 

Crimes,  jail  sentences,  confinement,   place    236 

reduction  in 236 

Crosswalks,  defined  240 

pedestrians,  right  of  way  240 

Crude  petroleum,  statutes  repealed   274 

Dairy  products,  license  for  purchases   '. 140 

Damages  for  death,  limitation  299 

Dams,  notice  of  lowering  water  level  80 

Davis,  William  K.,  in  favor  of  527 

Death  certificates,  duplicates  recorded   85 

recording  of,  rules  86 

statute,  limits  of   recovery   299 

Dececdents  estates,  domicile,    disputes    13 

minors,  receipts    78 

Deeds,  registers  to  report  299 

validity  of  certain    206 

Deer,  see  Fish  and  Game 

Defense,  civil,  agency  created  391 

Deficiency  appropriations   139,  432 

Delinquent  taxes,  interest  on    54,  207 

Dental-hygienists,  powers  enlarged  136 

Dentistry,  practice  of  defined   135 

name  of  business   135 

Directors  of  insurance  companies,  qualifications  41 

Discontinuance  of  highways,  notice  of    7 

private  rights   8 

reversion    7 

Diseases,  see  Communicable  diseases 

Divorce,  misconduct,   allegations    139 

temporary  orders   277 

third  parties,  rights   139 

uniform  recognition  law  176 

Dog  license  fees,  disposal  of  17 

Domestic  life  insurance  companies,  investments  42 

Domicile,  settlement  of  disputes  as  to  13 

Dorchester,  sale  of  property  authorized   158 

Douphinett,  Louis  H.,  in  favor  of   527 


740  Index  [1949 

Dover,  bonds  authorized,   schools 728 

budget,  effective  date  687 

posting    687 

charter   revisions    667,  686 

manager,  term  666 

pensions  for  teachers   550 

proceedings   legalized    687 

Dover  and  Winnipissiogee  Railroad,  dissolved  Ill 

Drainage  into  highw^ay  prohibited 107 

DuBois,  Clarence  A.,  in  favor  of 541 

Dumps,  public,  provisions  for   122,  309 

Eastern  states  exposition  commission,  compensation    480 

Economic  poisons,  see  Poisons 

Education,  board  of,  appropriation   461,  503 

equalization  plan    479 

handicapped  children,  required   178 

Effingham,  expenses  for  forest  fires  538 

Elections,  assessors    2 

declarations  of  candidacy  49 

fees    316 

presidential  preference  199 

ballot,  form   201 

candidate,  notification    200 

effect  of  primary    201 

nomination  petition   200 

primary   199 

result,   counting    201 

voting  preference    200 

Elliott,  Andrew  C,  in  favor  of   541 

Ellsworth,  monies  to  credit  of,  payment   311 

Embalmers,  qualifications  and  certificates  149 

Embezzlement,  public  office,  penalty  4 

Emergency  fund,  state,  clarification  433 

Employees,  see  also  Workmen's  compensation 

minimum  wages   404 

retirement   system,   appropriation    476,  517 

Evidence,  intoxication    228 

records,  photographs  of   341 

Executive  department,  appropriation    439,  482 

Executors,  allowance  to  widow   239 

domicile,  settlement  of  disputes  13 

h'actors  liens,  assignment    153 

foreclosure    153 

notice    152 

record    153 

Fares  for  transportation,  non-payment,  penalty   68 

Farmington,  expenses  for  forest  fires   538 


1949]  Index  741 

Fast  day,  date  established    322 

Fathers,  neglect  to  support  children   177 

Federal  savings  and  loan  associations,  conversion  164 

Fees    312 

Fiduciaries,  trustee  accounts,   filing    32 

Financial   responsibility,   interim   commission    537 

Fines,  time  for  disposal  of  82 

Fire  control  board,  appropriation    467,  509 

rules  of  134 

insurance  stock,  legal  investment   237 

marshal,  duties   319 

Firemen's  relief,  appropriation    444,  486 

retirement  system,  appropriation    475,  517 

benefits  .  .» 251 

change  of  age 252 

Fires,  building  open,  prohibited  when   65 

forest  286 

hallways,  requirements   333 

military  origin,  damage  and  expense   302 

definitions   301 

donation  of  services   303 

emergency  assistance   301 

forest    305 

inter-community   assistance    302 

liability   303 

powers   302 

proclamation    302 

recall  from  service   304 

reciprocity  between  states  303 

towns    304 

reimbursement    303 

wartime    coordination    305 

mutual  aid   319 

northeastern  interstate  compact    279 

stairways,  requirements   333 

Fish  and  game,  appropriation    431,  476,  518 

beaver,  taking  245 

conservation  officers,  bonds    349 

police  powers   44 

dams,  opening,  notice   *. .  .  80 

•    deer,  taking,  bow  and  arrow 306 

time  320 

definition,  fly  5 

director,  powers  to  close  310,  321 

fines,  acceptance  in  field,  repeal  10 

fly,  definition   5 

hares,  limit  310 

horned  pout,  Coos  county  324 

intoxication,  penalty  63 


742  Index  [1949 

Fish  and  game,  Lake  Sunapee,  aureolus  and  salmon  105 

lakes  in  two  states 64 

licenses,  non-resident,   fees    288 

poll  tax  paid  145 

suspensions  63 

loaded  guns,  prohibited  when   9 

motor  vehicle,  taking  from    9 

oysters,  taking  and  sale  276 

penalties    44,  63,  339 

pheasants,  power  of  director   366 

pickerel,  open  season  extended    1 

police  power  of  officers   44 

porcupines,   bounties    343 

rabbits,    limit    310 

reciprocity   between   states    64 

refuges,  taking  in   53 

releasing  fish   5 

seines  and  trawls  prohibited 349 

shooting  human  by  mistake    257 

smelt,  taking.  Shannon  Brook   324 

striped   bass,   length    276 

stocking,  permit  required    5 

wild  boar,  extermination  of   356 

see  also  Regulations  of  Director  as  they  are 
revised  from  time  to  time  imder 
authority  of  chapter  41  Laws  of  1941. 
Latest  pamphlet  may  be  obtained  from 
Fish  and  Game  Department  on  request. 

Flood  control,  disbursement  of  lease  receipts   307 

reimbursement  to  cities  and  towns   308 

Foods,  adulterated,  guaranty  to  dealer   118 

concentrated  commercial  feeding-stuff   58 

original  packages,  dealer  responsibility    118 

Foreign  corporations,  registration,  agent    230 

certificate    231 

change  of    231 

effect   235 

fees    230,  233,  234,  235 

name  change  235 

penalty    234 

service  on   232,  233,  234 

trustee  process   234 

withdrawal    233 

Forest  conservation  and  taxation 

appeals   364 

bond  issue  authorized  361 

accounts    362 

form    of    361 

short-term  notes   362 


1949]  Index  743 

Forest  conservation  and  taxation 

cutting,  notice  of    360 

penalty  360 

returns    360 

standards    360 

declaration  of  policy   357 

definitions   357 

improvement  and  recreation  fund  361 

interpretation  364 

property  taxes,  release   from   357 

reimbursement,  application  for  362 

distribution  of    362,  363 

fund   361 

tax,  abatement    359 

appeal   360 

collection    359 

computation    358 

credits  359 

disposition   of    360 

Forest  fire  expenses  79,  81,  538 

products,  liens  on 187 

Forestry  and  recreation  department,  appropriation    445,  487 

Bear  Brook  park  400 

saw  mills    73 

Forests,  closing  by  governor  and  council  65 

felling  trees  on  boundary  lines  113 

fires,  director  of  forestry  in  charge   286 

district  chiefs,  appointment  287 

prohibited  when  closed  65 

wardens,  duties  287 

lumber  slash,   removal    115 

sawmills,  registration,  penalty   113 

smoking  prohibited  when  closed   65 

Foss  Beach,  bonds  validated   547 

name  of  water  district  547 

Francestown,   proceedings  legalized 563 

Franklin,  charter  revisions  625 

Fraternal  benefit  societies,  benefits    175 

Fraud,  obtaining  transportation  by  68 

Freedom,  proceedings  legalized    549 

Freedom  in  employment,  statute  repealed  51 

Funeral  directors,  certificates    150 

Fungicides,  see  Poisons 

Gafney  Home  for  the  Aged,  increase  authorized  552 

Game,  see  Fish  and  Game 

Garbage  and  waste,  disposal  of 122,  309 

General  Court,  see  Legislature 

Gilford,  proceedings  legalized  72S 


744  Index  [1949 

GlencHff  Sanitarium,  committee  to  study  523 

Goulet,  Octave  J.,  in  favor  of  540 

Governor,  reorganization,  powers   34 

schools,  appointment  to  board  47 

staff,  composition  and  rank 174 

Governor  and  council,  closing  forests  65 

municipal  bonds,  exemptions  49 

reclassification  authorized    522 

Grain,  labeling  required  58 

Grand  larceny,  defined   133 

Granite  Lodge  No.  1056,  name  changed  729 

Greenfield,   proceedings   legalized    563 

Greenland,  Brackett  Academy  727 

Greer,  Benjamin  F.,  in  favor  of   533 

Guaranty  to  dealer,  adulterated  foods   118 

Guardians,  temporary,    appointments    46 

veterans,  investments  26 

Hairdressers,  board  of,  appropriation   478,  520 

Hallways  and  stairways,  fire  resistance   333 

Hampstead,  proceedings  legalized    546 

Hampton,  bonds  authorized   577 

taxation  on  certain  buildings  209 

Hampton  Beach  Village  district,  bonds    authorized    665 

proceedings  legalized   665 

Hampton  Co-operative  bank,  named   564 

Building  and  Loan  Association, 

name  changed   564 

Handicapped  children,  education   required    178 

Hanover,  parking  meters  544 

Harrisville,  proceedings  legalized    373 

Health,  state  department,  appropriation    464,  506 

marriages,  permission    109 

records,  destruction  of   66 

district  departments  authorized   226 

Height  of  motor  vehicle,  limit  7^ 

Highway  building  equipment  defined   273 

commissioner,  assistant,  information   294 

planning    294 

special  consultant   275 

department,  chief  engineer   29A 

named.  Blue  Star  AT emorial   104 

Horace   Greeley    1 19 

John  Stark   9 

Highways,  allotments  for  maintenance   243 

application  of  certain  laws 349 

appropriation    211 

bonds  authorized  21 1 

center  lines  authorized 91 


1949]  Index  745 

Highways,  construction  bonds    65 

damage  for  laying  out   184 

discontinuance,  landowners  rights  8 

notice    7 

drainage  into    107 

fees,  special  permits    92,  345 

maintenance  by  towns,  allotments   243 

markings,  center  lines   91 

Moosilauke  Road,  named  68 

recreational   roads,  classification    271 

reversion  to  town  7 

road  toll  continued   212 

use  defined  27 

use  tax,  out-of-state  vehicles  281 

special  permits,  fees    92,  345 

state  bridge  aid  269 

toll  road  notes  authorized 40 

town  road  aid,  extension  of  use 70 

when    10 

winter  maintenance    243 

Hillsborough  county,  commissioners,  salaries  157 

Holidays,  Fast  day,  date   322 

Hollis,  Silver  lake,  named  99 

Horace  Greeley  highway,  named  119 

Horned  pout,  taking,  Coos  county 324 

Horse  racing,  pari  mutuel  pools 205 

time  extended  18 

see  also  Racing  Commission 

Hospital  care  and  rates,  committee  to  study  536 

Hospitals,  appropriations  by  towns    157 

Hotels,  liquor  licenses  321 

Hudson,  proceedings  legalized   554 

Hunting,  shooting  human  by  mistake    257 

while  intoxicated,  penalty  63 

see  also  Fish  and  Game 

Husband  and  wife,  support,  neglect  177 

orders  of    277 

Hutchins,  Perl  L.,  in  favor  of 539 

Ice  cream,  contents  of  89 

Illegitimate  children,  statistics   208 

Industrial  school,  appropriation   453,  495 

Inebriates,  board  for  treatment,  abolished  421 

of,  appropriation  467,  509 

commission  established    417 

study,  treatment  and  care  416 

Inflammable  liquids,  motor  vehicles,  grade  crossings  116 

Inheritance  tax,  value  of  annuities  or  life  estates   403 

Insane  persons,  commitments  to  veterans  administration 120 

Insecticides,  see  Poisons 


746  Index  [1949 

Insurance,  bonds  for  public  works   65 

companies,  appeal   from  taxes    153 

department,   appropriation    447,  489 

directors,   qualifications    41 

fraternal  benefit  societies,  benefits    175 

investments  by  domestic  life  companies  42 

rating  organizations,   exemption    107 

workmen's  compensation,  notice  of   cancellation    229 

Insurers,   unauthorized,    liabilities    219 

Interest  on  delinquent  taxes   54,  207 

Interim  commission,  air   pollution    521 

financial   responsibility    537 

hospital  care  536 

public  utilities    537 

subversive   activities    528 

tax   exempt  property    531 

Interstate  bridges,  defense  of    399 

cooperation  commission,  organization  29 

Intoxication,  evidence  of    228 

hunting,  penalty   63 

Investments,  guardians  of   veterans    26 

legal,  investment  trusts   237 

trustees,  legal    125 

Jackson,  proceedings  legalized   548 

Tail  sentences,  confinement,  place  of    236 

reduction  in   236 

Jenness,  Alfred  M.,  in  favor  of  535 

John  Stark  highway,  named   9 

Journals,  see  Legislature 

Jovin,  Samuel,  in  favor  of   533 

Judicial   council,  appropriation   440,  482 

Jurors,  compensation    1 

exemptions    2,  241 

expenses    1 

Justice  of  the  peace,  fee  for  commission  315 

Keene,  charter  revised    641 

mayor-council  form  of  charter 695 

Kilkenny  Lumber  Company  railway,  dissolved    Ill 

Killeen,  Harold  T.,  in  favor  of  539 

Labels,  see  Poisons,  Trade-Mark  Law 

Labor,  see  Workmen's  compensation 

contracts,  coercion  prohibited  51 

department,   appropriation    448,  490 

minimum  wages  404 

Laconia,  clerk,   salary    698 

state  school,  appropriation  455,  496 


1949]  Index  747 

Lake  Shore  Railroad,  dissolved  Ill 

Sunapee,  aureolus  and  salmon,  taking   105 

Todd,  named  73 

Winnipesaukee,  water  level  and  gauge  401 

Lakes  in  tw^o  states,  fishing  rules   64 

notice  of  lowering  level  80 

Lancaster,  application  of  laws   726 

proceedings  legalized    726 

Land  owners,  felling  trees  on  boundary  lines   113 

lumber  slash,  removal  115 

Larceny,  defined   133 

La  Societe  St.  Jean-Baptiste  de  Laconia,  powers  562 

purposes   562 

Laying  out  highways,  damages  184 

Legacy  receipts  from  minors  78 

Legal  investments,  see  also   Banks 

deposit  books    237 

fire  insurance  stock  237 

investment  trust  shares   238 

savings  banks    44 

Legislature,  appropriations   431,  439,  481,  526 

bills,  filing  in  advance  117 

budget  assistance,  vacancy  480 

journals,  number  to  be  printed  117 

jury  service,  exemption    241 

mileage    106,  370 

resolutions,  number  to  be  printed   117 

ventilating  system,  appropriation    526 

Liability  insurance,  definition   202 

Liens,  aircraft,  labor   51 

storage   51 

factors,  assignment    153 

foreclosure    153 

notice    152 

record   153 

logs,  lumber  or  pulpwood 187 

Life  estates,  determination  of  value  403 

insurance  companies,  investments    42 

Liquor,  see  also  Inebriates 

commission,   appropriation    471,  513 

purchases    265 

licenses,  fees    317 

hotels   321 

manufacturers'  permits,  fees   254 

operating  under  influence   228 

Lisbon,  proceedings  legalized   570 

Littleton,  referendum    560 

water  and  light  department,  powers 560 

reserve  560 


748                                        -Index  [1949 

Livermore,  monies  to  credit  of,  payment 311 

Loan  and  Trust  Savings  bank,  charter  amended  571 

Loans,  small,  annual  reports   244 

Logs,  binder  chains  on  trucks   145 

marking,  fee  for  registration  187,  317 

Long  Pond,  Mollis,  name  changed 99 

Loyal  Order  of  Moose,  lodge  name  changed  640 

Lumber,  liens  for  advances   187 

registration  of  mark  187,  314 

slash,   removal   of    113,  115 

Lyman,  proceedings  legalized   550 

Lyndeborough,  proceedings  legalized    556 

Manchester,  capital  reserve  fund  690 

deputy  registrar,  office  created  639 

election  officials,  compensation   568 

pensions    567 

Savings  bank,  powers   728 

surveyor,  duties    573 

Margarine,  see  Oleomargarine 

Marriages,  prohibitions   109 

recording,  rules  86 

Married  women,  contracts  207 

Massachusetts  Mutual  Life  Insurance  Company,  in  favor  of  523 

McShea,  John  H.,  Sr.,  in  favor  of 524 

Mental  health,  commission,  sexual  psycopaths   422 

hygiene  clinics  and  study  home,  appropriation  476,  518 

patients,  state  hospital    259 

Mentally  incompetent  person,  temporary  guardian  46 

Meredith,  proceedings  legalized    685 

sewer  system,  authorization    685 

Merrimack  county,  commissioner  districts  367 

Mileage   allowances,    legislature    106,  370 

Military,  see  also  Fires 

defense,  interstate  bridges   399 

Militia,  see  National  Guard 

Milk  and  cream,  purchase  for  resale,  license   140 

control   board,   appropriation    467,  509 

Milton  Fire  District,  name  changed  569 

highway  reclassification   557,  729 

water  district,  named   569 

Minimum  wage  law  404 

Minors,  see  also  Children 

obscene  matter,  distribution  of   300 

receipts  from,  legacies    7S 

Moosilauke  Road,  named   68 

Morrison  Hospital,  Whitefield,  authority  576 


1949]  Index  749 


Mortgagee,  informal  discharges  validated 
notice  of  tax  sale 


206 
150 


Mothers,  neglect  to  support  children ^ ^^7 

Motion  picture  theatres,  open-air,  regulation    ,.....-.  296 

Motor  carrier  act,  contract  carrier  defined   160 

exemptions  from   ^^ 

taxicabs  defined    ^^^ 

cycles,  safety  requirements   -^^^ 

vehicle  department,  appropriation    488,  490 

road  toll  continued 212 

vehicles,  accident,  conduct   after   28,  293 

amputees,  special  tags  1^' 

brakes,   stopping  distance    72 

center  lines  on  highways    ■ ^^ 

commercial   license    203 

contract  carrier,  definition   1^ 

crosswalks  

dealer  defined   ^^' 


202 
82 


definition   

disposal  of  fines,  time   

exemptions  from  carrier  act 1^0 

financial   responsibility,   interim  commission    537 

fines,  disposal  of,  time  ^2 

following  too  closely   243 

grade  crossings,  tank  trucks    116 

•    1           r  92 

gross  weight  of    

height  limit    

inflammable  liquids   ^^"^ 

intoxication,  evidence   228 

not  defense    293 

operation  228 

law  of  the  road   243 

leaving  scene  of  accident   28,  293 

liability  insurance,  definition    202 

motor  number  required   1"2 

710 
scooters    

motorized  bicycles   2Ul 

non-residents,  fees   169,  281 

operators,  instruction  permits    272 

license,  expiration    ^^^ 

poll  tax  paid    145 

licenses    

l2fS 

parking    j  ° 

by  amputees   ^"^^ 

pedestrians,  right-of-way    240 

registration,  motor  number   1^2 

poll  tax  paid   l^^ 

veteran  amputees   ■^^ 

road  toll,  user  defined   '^' 


750  Index  [1949 

Motor  vehicles,  school  bus,  equipment 103 

operator    104 

passing    103 

signs    103 

signals  required   272 

special   permits,   fees    92,  345 

speed  limits,  commissioner,  powers   347 

evidence   346 

intersection    346 

spot  lamps,  limited   41 

taxes,  reciprocal   169,  281 

taxicabs,  definition   160 

television,    prohibited    40 

traveling  in  line  243 

trucks,  binder  chains  145 

turning,  signals   272 

weight,    special   permits,    fees    92,  345 

Moving  weights  over  highways,  fees    345 

permits   92 

Mt.  Sunapee  recreational  proj  ect,  extension 400 

Municipal  bond  statute,  exemption   47 

bonds  and  notes,  payments   120 

budget  law,  committee    267 

duty  of  officials  268 

emergencies   268 

removal  of  officials   269 

reports  267 

court,  fines,  disposal  of  82 

probation  officers,  appointment  210 

office,  aliens  not  eligible  242 

planning,   map    128 

utilities,  appropriation,  approval    323 

zoning,  appeals    337 

motion  for  rehearing  336 

Names,  cliange  of,  reports  297 

Nashua,  alderman,   salaries    700 

Building  and  Loan  Association,   name   changed    688 

or   Cooperative  bank,    named    688 

charter  amended  566 

purchasing  committee  established  566 

retirement  system  authorized   699 

Rochester   railroad,   dissolved    Ill 

National  banks,  see  Banks 

guard  personnel,  unemployment  compensation   310 

Negotiable  Instruments  law,  deferred  posting 59 

Newbury,  expenses  for  forest  fires   538 

Lake  Todd,  named  73 

New  England  College,  powers   565 

Mutual  Life  Insurance  Company,  in  favor  of 523 


1949]  Index  751 

Newfields,  proceedings  legalized    569 

New  Hampshire,  University,  non-resident   students    258 

Wing,  civil  air  patrol,  appropriations  430 

Hampton,  proceedings  legalized   548 

Ipsw^ich,  proceedings  legalized   728 

Newport,  proceedings  legalized   547 

Non-resident  pupils,  tuition  131 

Non-support,  powers  of  court   148 

Northeastern  Interstate  Forest  Fire  compact   379 

Northfield,  Tilton  and,  union,  bonds  authorized    576 

proceedings  legalized   576 

North  Hampton  school  district,  bonds  authorized  549 

Walpole  village  precinct,  zoning  powers   566 

Notary  public,  fee  for  commission  315 

Nuisances,  drainage  into  highways  107 

wells,  covering  required  366 

Obscene  matter,  prohibitions  300 

Old  age  assistance,  grants,  conditions  of    172 

liens  against  estate  172 

on  estate 88 

New  Hampshire,  state  song 31 

Oleomargarine,  color    256 

definition   255 

manufacture    256 

sale    256 

serving    257 

Omnibus  bill    541 

Operators,  see  also  Motor  Vehicles 

licenses,  expiration  date   169 

motor  vehicles,  instruction  permits   272 

Optometrists,  registration  fee  317 

Optometry,  board  of,  appropriation   467,  508 

license,  revocation,  causes   100 

Ossipee,  proceedings   legalized    726 

Oysters,  prohibitions    276 

Pari  mutuel  pools,  agricultural   fair  defined   205 

bond   261 

fairs,  distribution  to   74 

license,  penalty    262 

required    260 

time  extended    18 

Parking  by  amputees,  special  tags  137 

meters    544 

motor  vehicles  126 

Parole  board,  constitution  of  170 

Partition  proceedings,  right  to   318 

Partnerships,  filing  fee  314 


752  Index  [1949 

Peaslee,  Frank  H.,  in  favor  of 530 

Pedestrians,  right-of-way  at  crosswalks   240 

Pelham,  proceedings  legalized 571 

Pembroke  water-Works,  powers  increased   572 

Peliacook  and  Boscawen  Water  Precinct,  bonds 561 

powers    561 

Peoples  Building  and  Loan  Association,  name  changed  555 

Cooperative  Bank  of  Rochester,  named  555 

Peterborough  and  Hillsborough  Railroad,  dissolved  Ill 

Shirley  Railroad  Company,  dissolved   Ill 

Home  for  the  Aged,  holdings  554 

Petit  larceny,  defined  133 

Petroleum,  statutes  repealed   234 

Pharmacists,  qualifications    340 

registration   339 

regulation    340 

Pharmacy  commission,  appropriation  473,  514 

Pheasants,  power  of  director  366 

Philbrick,  Shirley  S.,  in  favor  of  534 

Photographs  of  records,  use  as  evidence   341 

Piper,  Ross  L.,  in  favor  of  532 

Pittsfield  Academy,  charter  repealed   551 

Pittsburg  school  district,  proceedings  legalized  690 

Planning  and  development  commission,  appropriation    473,  514 

port  of   Portsmouth    275 

Plymouth,  expenses  for  forest  fires  538 

proceedings   legalized    727 

Village  Fire  District,  bonds  authorized   590 

Poison  ivy,  eradication,  appropriation    52 

Poisons,  economic,  cooperation   414 

corrections    41 1 

definitions   405 

enforcement    412 

exceptions  411 

exemptions   413 

export    413 

federal  rules  412 

fees  410 

formula,  submission  of    411 

penalties   413 

powers  of  commissioner    41 1 

prohibited  acts    408 

registration  of    410 

rules  and  regulations   412 

seizures,   forfeiture   413 

statements    410 

Police  retirement  system,  appropriation 475,  517 

Poll  taxes,  payment  required 145 


1949]  iNMx  753 

Pollution,  air,  committee  to  study ;..;...;..;.;...;...;..;  5^1 

waters,  classifications ; . ; ; j . . . . 213,  290 

Ponds,  notice  of  lowering  level  .  . ; »..;.;..;.;..;.;. 80 

PofCUpineS,      bounties ..;;...;;;;...:..;...;:.;;..  343 

Port  of  Portsmouth,  advisory  committee   »;;;.;....  275 

Portsmouth,  charter   revisions    ......;.;;.!:..;.:;  ^OO 

and  Concord  Railroad,  dissolved  .;..;..:  ill 

Newmarket  and  Concord  Railroad,  dissolved  ..■;.!..:  ll2i 

Exeter  Railroad,  dissolved    ^  ll^ 

Port  of,  advisory  committee   275 

Seabrook  toll  road,  additional  funds  389 

Potatoes,  grading  and  marketing 61 

Poultry,  license  plates,  fees    n 

suspension  of 11 

transportation,  number  plates 11 

weights,  certification  of   11 

Prison  industries,  appropriation  479,  520 

Prisoners,  letters  to  attorney  general,  private   19 

Probate  court,  see  also  Decedents  estates 

allowance  to  widow    239 

appeals,  notice  of  119 

guardian,  temporary,  appointment   46 

record  of  proceedings   69 

register,  report  of  name  changes   298 

stenographers,  expenses 69 

Probation  board,   appropriation    468,  509 

officers,  appointment   210 

Proctor,  David  A.,  in  favor  of  540 

Profile  and  Franconia  Notch  Railroad,  dissolved  112 

Property  subject  to  taxation,  removal    158 

Publications,    obscene,    prohibited    300 

Public  buildings,  fire  resistance  333 

carriers,  smoking  prohibited   28 

dump,  provisions  for  122,  309 

health,  see  Foods 

officer,  embezzlement,  penalty  4 

records,  copies  to  veterans   20 

service,  commission,   appropriation    473,  5l5 

approval  of  town  utilities   323 

utilities,  interim   commission  to  study    537 

license  to  cross  state  lands  30 

welfare  board,  appropriation   468,  509 

child-placing  agencies    282 

committee  to  study  hospital  care  536 

grants  of  assistance,  conditions  172 

liens  against  estates   172 

notice  of  tax  sales  277 

works,   bonds   required    65 

Pupils,  duty  to  attend  school   81 


754                                        Index  [1949 

Purchasing  agent,  appropriations    449,  491 

exceptions 26o 

powers  and  duties    263 

Purse   seines  prohibited    349 

Quarantine,  see  Communicable  diseases 

Rabbits,  taking,  limit  310 

Racing,  see  also  Pari  mutuel  pools 

bond   261 

commission,  appropriation   474,  51:^ 

rules  and  regulations   260,  261 

supervision  and  hearings  262 

fund 260 

license  260 

penalty    263 

rules  of    261 

stewards    262 

Railroad  corporations,  dissolved    109 

recording  fees  314 

crossings,  tank  trucks  to  stop  116 

Real  estate,  deeds,  validity  of   certain    206 

loans  to  veterans  21 

partition,  right  to   318 

taxation,  method  173 

Records,  health  department,  destruction  of   66 

photographs,  use  as  evidence  341 

Recreational  roads,  classification  and  maintenance  271 

Reforestation,  approval  of  terms   6 

Regional   associations,   appropriation    473,  515 

Registers  of  deeds,  report  of  conveyances   299 

Reorganization  commission,  membership    38,  76 

plan,  amended  plans  37 

commission  established  38,  76 

declaration  of  purpose   j. . . .  34,  36 

definition  of  agency  37 

effective  date    36 

governor,  powers  and  duties   35 

legislative  approval    36 

procedure    39 

pending  matters,  effect  on  37 

publication  38 

time  limit    39 

Reserve  funds,  see  Capital  improvements 
Resolutions,  see  Legislature 

Resort  hotels,  liquor  licenses  321 

Retirement  board,  state,  compensation  3 


1919]  Index  755 

Revised  Laws,  amended,  repealed,  etc. 

chapter      4,  i-.     4,  extension    308 

new  J.     7,  disbursement  lease  receipts,  state. .  307 

new  s.    8,  disbursement  lease  receipts,  count}'  308 

9,  J.  15,  mileage  allowance    106 

J.  16,  computation    106 

s.  17,  attaches  mileage   106 

s.  26,  bills,  advance  of  session   117 

10,  s.     3,  journals,  number  of    117 

s.    4,  bills  and  resolutions   117 

11,  repealed  266 

13,  new  J.     7,  state  song    31 

14-a,  s.  4,  definitions    263 

i-.  5,  duties 264 

s.  6,  non-competitive    264 

s.  7,  delegation  of  power   265 

new  s.  8,  exceptions    265 

I,  University   265 

II,  liquor  commission  266 

III,  courts  and  library    26f 

IV,  federal  surplus    266 

V,  contractors  supplies   266 

new  s.     9,  additional  purchases    266 

1 7,  .f .     1 ,  name    259 

.f.   19,  voluntary  commitment    101 

new  s.  19-a,  emotionally  or  mentally  ill  259 

21,  s.  15,  fees  315 

new  s.  18,  fees    315 

22,  s.     1,  terms  of  office    97 

s.     2,  bond  required    97 

chapter    24,  j.  13-1,  repealed   32 

s.  13-aa,  director,   charitable  trusts    32 

.y.  20,  Sullivan  186 

27,  new  s.  43-a,  port  of  Portsmouth    275 

,f.  44,  emergency  fund  433 

32,  new  s.  11-a,  evidence  of  citizenship  242 

33,  s.  56,  fees    316 

38,  s.    6,  form  of  declarations   49 

new  chapter    38-A,  presidential  preference  primary   199 

43  new  s.  4,  aliens    242 

44,  new  s.  5-a,  notice  to  selectmen  4 

J.   13-b,  notice  to  selectmen    4 

45,  s.  14,  Merrimack    added    367 

new  VII,  Merrimack   368 

47,  i'.     8,  competitive  bidding   159 

s.  27,  Coos  -  Hillsborough   67,  157 

49,  s.  12,  list  conveyances  for  tax  purposes 299 


756  Index  [1949 

Revised  Laws,  amended,  repealed,  etc. 

chapter     51,  s.    4,  VI,   hospitals    137 

XVII,  limit  removed  34 

XXV,  poison  ivy  52 

XXXIII,  garbage  and  waste   124 

s.    8,  associations,  membership  in   127 

s.  32,  garbage  and  waste  124 

new  s.  32-b,  open-air  theatres   296 

new  s.  32-c,  selectmen,   regulation    297 

s.  53,  notice   99 

s.  64,  motion  for  rehearing 336 

s.  65,  specifications   ^7 

new  jr.  65-a,  action  on  motion  337 

new  J.  65-b,  appeal    337 

new  J.  65-c,  burden  of  proof   337 

new  j'.  65-d,  parties    338 

new  J.  65-e,  procedure    338 

new  s.  65-f,  injunction  338 

new  s.  65-g,  evidence    338 

new  s.  65-h,  judgment    338 

new  s.  80-a,  privately  owned  airports  45 

52,  s.    2,  budget  committee  267 

new  s.    3-b,  reports   required    268 

s.     5,  exceeding  appropriations   268 

new  s.     7,  duty  of  officials  269 

new  .y.     8,  removal  proceedings   269 

53,  J.  19,  map    128 

J.  21,  regulations  128 

s.  25,  unapproved  streets  128 

.T.  26,  official  map   128 

chapter     55,  new  s.  17,  vote  required    1.34 

59,  J-.  10,  repealed  128 

s.  12,  repealed   2 

s.  40,  repealed  128 

s.  43,  incompatibility  of  offices   43 

65,  s.  15,  deposit  of  city  funds   235 

68,  new  s.  3-a,  cemetery  records  4J 

72,  s.     3,  term  and  payment    108 

new  s.  7-a,  sewage  systems,  limit  70 

73,  s.     1,  veterans,  exemptions   351 

s.    2,  veterans,   exceptions    352 

s.    4,  repealed  352 

s.  29,  service   exemptions    161 

s.  29-a,  other  persons  162 

.y.  29-c,  veterans  of  allied  forces  352 

new  s.  29-h,  interpretations  162 

.v.  31-47,  repealed   365 

74,  -v.     5.  removel  of  property   158 

.f.  17,  occupant  not  owner    173 


1949]                                     Index  757 

Revised  Laws,  amended,  repealed,  etc. 

chapter    74,  s.  18,  no  occupant  173 

s.  19,  part  owners   173 

J.  20,  unimproved  lands  174 

75,  s.     3,  partial  suspension   365 

76,  J.    4,  partial   suspension    365 

s.    6,  life  tables   403 

77,  s.  11,  interest  rate   54 

79,  s.     1,  V,  wholesaler  defined  201 

VII,   sub-jobber  defined   202 

new  chapter     79-A,  Forest  conservation  and  taxation  357 

80,  s.  25,  notice  to  mortgagee  150 

s.  26-a,  old  age  assistance  liens  277 

J.  27,  interest  rate  54 

s.  30,  interest  rate  54 

87,  new  s.  2,  Hampton  real  estate 209 

89,  J.     4,  Hampton  real  estate  209 

new  chapter    89-A,  disputes  as  to  domicile 13 

90,  Part    2,  s.    6,  recreational  roads  271 

s.     7,  exception    70 

Part    4,  s.  12,  tender   184 

s.  13,  payment,  how   184 

s.  14,  owner  unknown  185 

J.  16,  certificate  of  tender   185 

Part     5,  s.  15,  nonresident    185 

s.  16,  owner  unknown   186 

chapter    90,  Part    8,  s.     3,  reversion  to  town  7 

J.    4,  notice  of  discontinuance  7 

9,  s.     1,  landowners'    rights    8 

Part  10,  s.    4,  salaries   295 

s.     5,  assistant ;    planning   294 

new  s.  5-a,  assistant :    information  . . .  294 

new  s.  5-b,  chief  engineer  294 

new  .y.  5-c,  duties    294 

s.    8,  winter  maintenance 240 

Part  13,  s.     1,  town  road  aid   10 

new  J.  1-a,  class  IV  highways  70 

s.    9,  use  of  allotments 243 

Part  14,  s.     9,  state  bridge  aid  269 

Part  19,  new  s.  6-a,  speed  zones    347 

Part  22,  new  J.  5-a,  leases  permitted   69 

s.  10,  time  and  interest  71 

s.   15,  time  of  lien 71 

chapter  115,  .v.  1,  IV,  commercial  operator    203 

new  IV-a,  crosswalk   240 

V,  dealer,  defined 347 

XL,  highway  building  equipment    273 

XIII,   definition   210 

XIX,  definition    203 


758  Index  [1949 

Revised  Laws,  amended,  repealed,  etc. 

chapter  116,  s.     1,  motor  number   required    103 

s.     3,  payment  of  poll  tax   145 

new  .y.  12-a,  special  tags   137 

new  ,9.   12-b,  parking    privileges    137 

117,  s.     3,  repealed  145 

new  ^■.  4-a,  instruction  permits    272 

.y.     7,  license    203 

s.     8,  birthdates    169 

s.  10,  operators  203 

J.  12,  examiners,    liabilit}'    203 

s.  15,  commercial  license   204 

J.  16,  age  limitation    204 

s.  1 7,  employment 204 

118,  s.  1,  XIII,  amputee  registration   31 

J.    9,  I,  fees   204 

new  s.  16-a,  evidence,    intoxication    228 

s.  19,  conduct  after ;  intoxication   28,  293 

.f.  30,  time  extended    82 

119,  new  s.  4-a,  brake  performance    72 

new  J.  6-a,  television    prohibited    40 

.y.     8-a,  spot  lamps,  two  allowed  41 

.f.  13,  signs,  covered  when    103 

new  J.  13-a,  equipment  required  103 

s.  14-a,  operator,   certification    104 

chapter  119,  new  .y.  15-a,  following  too  closely   243 

s.  16,  repealed   348 

new  J.  16-a,  highway  marking    91 

.?.  18,  repealed 348 

new  .<•.  18-a,  signals  required   272 

new  s.  18-b,  signals  by  hand  or  devise  273 

new  s.  18-c,  method  of  signals   27i 

new  s,  21-a,  passing  school  bus    103 

new  .V.  22-a,  pedestrians,    right    240 

new  J.  25-a,  motor    cycles    210 

s.  26,  motor  vehicles,  parking   126 

s.  29,  speed    346 

.f.  30,  regulations,  evidence 346 

s.  37,  gross  weight    92 

new  s.  37-a,  exceptions    92 

new  .s\  37-b,  special  permits   92 

new  .f.  37-c,  fees    345 

new  s.  38-a,  height  limit   7r 

new  .y.  39-a,  binder  chains  rcciuired   145 

s.  40,  height  included   7?^ 

new  ,f.  48-a,  inflammable  liquids   116 

120,  .V.  19,  TI,   (b),  exceptions  27 

new  s.  19-a,  out  of  state  vehicles-tax  169.  281 

122,  .S-.     1,  new   I X,  definition   202 


1949]  Index  759 

Revised  Laws,  amended,  repealed,  etc. 

chapter  124,  j.  16,  burial  expenses    20,  162 

126,  s.  19,  old  age  assistance,  recovery  88 

J.  32,  liens  against  estates    172 

new  s.  32-a,  condition  of   grants    172 

new  s.  32-b,  existing  liens    172 

130,  child-placing  and  child-caring  agencies    282 

J.     1,  child-placing  agency   defined    282 

s.     2,  child-caring  agency  defined   282 

J.     3,  prohibition    283 

s.    4,  license  283 

J.     5,  revocation  and  hearing 283 

s.    6,  appeal  284 

.9.     7,  rules  and  regulations  284 

s.    8,  record   284 

s.    9,  visitation   284 

J.  10,  notice  of  death   284 

s.  11,  cruelty    285 

J.  12,  prosecution    285 

s.  13,  notice  of  placing   285 

J.  14,  investigation   285 

J.  15,  application  to  court  285 

J-.  16,  placing  of  children 285 

J.  17,  illegitimates    286 

s.  18,  penalty   286 

chapter  134,  j.  14,  III,  suspended   480 

s.  43,  education  required   178 

135,  new  s.  47,  budget    171 

137,  s.     1,  duty  to  attend   81 

s.    3,  excuse  and  change  132 

new  s.  3-a,  liability  for  tuition  133 

138,  J.  24,  tuition   131 

s.  26,  high    school    132 

139,  J.     6,  warrant,  articles   344 

J.  13,  auditors   8 

140,  s.     8,  suspended   480 

s.    9,  suspended    480 

J.  10,  suspended    480 

s.  11,  suspended    480 

J.  19,  disposal  of  fees    17 

141,  s.  16,  enlargement  of  lot  139 

143,  s.  21,  airforce   included    174 

s.  22,  rank  of  officers  175 

new  chapter  143-A,  military  defense,  interstate  bridges  399 

145,  ^.  10,  time  extended    82 

new  chapter  146-A,  emergency   fire   assistance    301 

147,  s.     9,  reduction  of  time  66 

J.  20,  biologicals,    distribution    90 

.y.  21,  rules  and  regulations  90 


760  Index  [1949 

Revised  Laws,  amended,  repealed,  etc. 

chapter  147,  .y.  22,  penalty    90 

156,  communicable  diseases   278 

s.     1,  reporting  of   278 

s.    2,  report  forms   279 

s.     3,  quarantine    279 

j'.    4,  public  assistance   279 

J.     5,  effect  of  assistance    280 

s.    6,  quarantine  cards  280 

s.     7,  disinfection    280 

J.     8,  conferences  280 

s.     9,  common  cup    280 

J.  10,  common  towe]  280 

s.  11,  venereal  disease    280 

s.  12,  mode  of  treatment  281 

s.  13,  penalty  281 

158,  new  s.  20-a,  barber   schools    57 

164,  J.  10,  negligence  of  dealer   118 

s.  17,  I,  ice  cream,  contents  89 

165,  s..  13,  garbage  and  refuse,  penalty  123 

new  .y.  13-a,   drainage  into  highways    107 

new  s.  26,  public  dumping    122 

new  s.  27,  definitions  122 

I,  public  dumping  facilities  122 

II,  garbage  122 

III,  refuse    122 

new  s.  28,  approval  required   123 

new  s.  29,  maintenance   123 

new  .y.  30,  closure    123 

new  s.  31,  regulations    123 

new  J.  32,  precincts-disposal    123,  309 

new  s.  33,  wells,  definition    367 

new  ,T.  34,  fencing,   covering    367 

new  .V.  35,  nuisance    367 

new  J.  36,  penalty    367 

166-A,  :f.  4,  VI,  eligibility  for  aid  217 

s.  7,  I,  prosecutions    217 

II,  extension  of  time  218 

new  s.  7-a,  appeal,  ■"ariances   218 

168,  s.  13,  qualifications    149 

s.  15,  certificates    150 

J.  46,  death  certificates  86 

s.  49,  stillbirths    S7 

s.  50,  death  certificates,  recording 85 

170,  s.  19,  licenses  for  hotels   321 

s.  20,  special  license    322 

.y.  44,  fees    317 

s.  71,  manufacturers  permits   254 

171.  -v.     2,  racing   fund    259 


1949]  Index  761 

Revised  Laws,  amended,  repealed,  etc. 

chapter  171,  s.     8,  rules  and  regulations    260 

s.    9,  repealed   260 

s.  10,  license  260 

s.  12,  bond    261 

new  s.  12-a,  rules  of  racing  261 

new  s.  12-b,  stewards   261 

.y.  13,  penalty  262 

s.  15,  time  extended — fairs  defined   18,  205 

J.  18,  distribution  to   fairs    74 

new  J.  18-a,  rules  and  regulations 74 

new  s.  18-b,  audit    74 

new  s.  18-c,  report  of  audit    74 

new  s.  18-d,  records  required 74 

new  s.  18-e,   penalty    74 

J.  25,  supervision  and  hearings   262 

new  chapter  171-A,  games  of  beano  353 

175,  new  s.  22,  outside  service  319 

new  J.  23,  rights,  privileges   319 

new  s.  24,  loss  or  damage   319 

new  J.  25,  donation  of  service 319 

new  s.  26,  conditions  and  restrictions  319 

new  s..  27,  compensation  319 

new  s.  28,  duties  of  fire  marshal   320 

175- A,  s.  5,  rules  and  regulations  134 

chapter  176,  new  .y.  22,  hallways  and  stairways   333 

new  J.  23,  violations    333 

180,  .?■.     2,  porcupines,  bounties  343 

s.     5,  times  of  accounting  17 

186,  new  s.  1-a,  insurance  rating  organization 107 

s.    5,  fees    314 

187,  new  s.  2-a,  fees   315 

189,  J.    4,  fees    316 

193,  s.  28,  repealed  274 

s.  29,  repealed  274 

s.  30,  repealed   274 

194,  s.  43,  defination   255 

s.  44,  labeling  256 

s.  45,  broken  packages  256 

J.  47,  serving  oleomargarine   257 

195,  .y.     1,  licenses    140 

s.    8,  power  of  commission 140 

s.     9,  statement  of  quality   141 

s.  10,  forfeiture  of  security  140 

J.  12,  proceedings  for  recovery    141 

J.  14,  suspension  of  licensie  141 

199,  new  j.  4-a,  additional   vehicles    77 

new  s.  5-a,  certificate  of  weight  77 

s.    6,  fees  77 


762  Index  [1949 

Revised  Laws,  amended,  repealed,  etc. 

chapter  199,  new  .y.  9-a,  suspension  of  license  77 

205.  s.     1,  fees  316 

207,  s.     1-7,  repealed   251 

s.  10,  fees  315 

new  chapter  207-A,  New  Hampshire  Trade- IMark  law  24^ 

212,  jr.  21,  union  membership 51 

21-a-d,  repealed  51 

213,  new  .$■.  25,  minimum  wages   404 

new  ^.  26,  special   authorization    404 

new. J.  27,  penalty    404 

new  s.  28,  women  and  minors  404 

new  s.  29,  application  of  law  404 

216,  new  J.  3-a,  revocation    15.i 

.y.     8,  commissioners   146 

new  J-.  8-a,  I,  cancellation    229,  336 

II,  notice  229 

s.  12,  third  person  liability  155 

,?.  20,  compensation  for  death   224 

I,  correction    146 

s.  21,  temporary  total   disability    225 

.9.  25,  correction    147 

s.  28,  maximum  benefits   225 

s.  35,  hearings  and  awards  334 

chapter  216,  new  .y.  35-a,  right  to  appeal,  petition  335 

s.  36,  notice  of  hearing   335 

:,•.  38,  modification,  eflfect  33? 

218,  .y.     1,  C,  benefit  year   189 

s.     1,  H,  employer  189 

s.     1,1,(1)  employment 190 

s.     1,  N.   (2),  partial  employment    191 

s.     1,  P,   (1),      new    (e),    exception,    national 

guard    310 

.f.     2,  B,  increase   23 

s.    3,  D,  eligibiHty    23,87 

.N-.     4,  D,   (3)   disqualifications    191 

J-.     4,  E,  disqualifications   191 

.y.     5,  A,  claims  for  benefits  192 

,s-.     5,  B,  initial   determination    192 

s.     5,  C,  appeals   193 

.f.     5,  D,  appeal  tribunal    193 

.S-.     5,  G,  appeal  to  courts  350 

J.     6,  D,  general  experience  rating   194,  295 

.f.     6,  E,   (1),  merit  ratings    296 

J.     8,  A,  fund    194 

-\'.     9,  G,  records  and  reports   195 

s.  10,  B,  reimbursement  196 

new  C,  contingent  fund    197 

new  .T.   10-a,  administration   350 


1949]  Index  763 

Re\ised  Laws,  amended,  repealed,  etc. 

chapter  218,  s.  11,  A,  interest   198 

s.  11,  F,  adjustments  and  refunds    223 

J.  11,  H,  state  contributions  198 

.<r.  15,  reciprocal  arrangements  179 

219,  .y.     4-a,  preferences  to  wives  and  widows   ....  33 
219-A,  new  s.  5,  copies  of  public  records 20 

new  chapter  219-B,  commitment  to  veterans'  administration   ....  120 

220,  i'.  13,  retirement  age  252 

s.  15,  retirement  benefits   251 

new  .y.  15-a,  optional  benefits  253 

222,  .V.  18,  suspended    460,  502 

s.  23,  percentages    258 

new  s.  23-a,  suspension  on  limitation   258 

new  .$■.  23-b,  exceptions    258 

new  chapter  223- A,  grading  and  marketing  potatoes   61 

226,  J.     1,  enlarged  definition    58 

.V.     3,  enlarged  definition  58 

s.  13,  requirements   extended    58 

227,  economic  poisons  law — new   405 

229,  J,-.  46-b,  alternate  plan  342 

s.  57,  payments   368 

231,  J.    8,  suspended  443,  485 

chapter  233,  ,v.     4,  new  1-a,  director  in  charge 286 

s.     5,  cooperation  under  director   286 

.s.  10,  approval  of  terms   6 

.y.   12,  district  chiefs    287 

s.  20,  duty  of  wardens  287 

J.  24,  apportionment    81 

s.  26,  forest  fire  expenses  79 

new  .r.  37-a,  closing  forests    65 

J.  50,  lumber  slash  removal    115 

s.  51,  felling  trees   113 

s.  52,  lumber   slash    115 

J.  53,  penalty 115 

J-.  58,  registration  required   73 

new  J.  60-a,  payment  of  taxes  73 

s.  63,  slash  and  combustibles   114 

s.  65,  examination    6 

J.  68,  rules  and  regulations   114 

.f.  69,  penalty    113 

new  chapter  233-a,  Northeastern  Interstate  Forest  Fire  protection 

compact   379 

234,  s.  13,  Bear  Brook  park   400 

s.  14,  reimbursement  fund   364 

238,  .V.     9,  obligation  of  towns  355 

new  s.  9-a,  town  appropriation 355 

new  s.  9-b,   notice   required    355 

240,  .y.  23,  bond  not   required    349 


764  Index  [1949 

Revised  Laws,  amended,  repealed,  etc. 

chapter  240,  .r.  25,  VI,  police  powers  ; 44 

X,  repealed    10 

s.  30,  repealed   349 

241,  s.     1,  fly,  definition  5 

.y.     6,  loaded  guns    9 

.y.  13-a,  stocking,  permit    5 

J.  35,  shooting  human  beings  257 

new  J.  35-a,   abandoning    257 

new  s.  46,  penalties  44 

242,  J.     3,  deer,  taking,  time  320 

new  .y.     3-a,  director,  powers  321 

new  .T.  16-a,  bow  and  arrow,  permit 306 

new  s.  16-b,  districts   established    306 

new  s.  16-c,  regulations   307 

i'.  17,  hares  and  rabbits  310 

new  .$•.  17-a,  director,  power  to  close   310 

s.  19,  penalties    339 

243,  new  .y.  2-a,  pheasants,  closed  season 366 

244,  .y.     6,  beaver,  open  season  245 

245,  s.    4,  Lake  Sunapee   105 

J.     7,  Lake  Sunapee   105 

s.     9,  Lake  Sunapee   105 

s.  17,  horned  pout   324 

.y.  22,  Lake  Sunapee-also,  smelt 105,  324 

new  s.  32-a,  waters  in  two  states  64 

new  J.  36-a,  notice  of  drawing  water  80 

s.  59,  trawls  and  seines  349 

J.  59-a,  striped  bass  276 

new  J.  61-a,  oysters 276 

246,  .y.  11,  exception    53 

new  s.  12-c,  special  openings  53 

s.  14,  exception    53 

247,  ,y.     4,  repealed   145 

s.    6,  IV,  fee 288 

new  11-a,  intoxication,  penalty   63 

new  12-a,  license,  ineligibility   63 

251,  s.  17,  practice  of  dentistry  135 

s.  18,  powers  enlarged   136 

.y.  27,  business  name   137 

253,  s.  11,  fees  317 

J.  22,  causes  of  revocation   100 

256,  .y.  15,  repealed   339 

s.  18,  pharmacists   340 

J.  19,  repealed    339 

s.  33,  regulations    340 

259,  new  j.  15-a,  certain  deeds  validated   206 

new  s.  15-b,  informal   discharges    206 

262-A,  s.  1,  notice  required  151 


1949]  1nde!x  765 

Revised  Laws,  amended,  repealed,  etc. 

chapter  262-A,  s.  2,  record  153 

new  s.  4-a,  assignment  153 

263,  s.  13,  III,  fees 314 

264,  new  s.  14-a,  liens-fees    187,  317 

s.  19,  duration  of  lien  189 

s.  26,  bonds  required  65 

s.  38,  aircraft  51 

J.  39,  aircraft  51 

J.  40,  aircraft  51 

272,  new  s.  4-a,  fees  312 

273,  J.      6,  fees  312 

274,  s.  104,  fees  313 

s.  107,  fees    314 

J.  109,  fees    314 

s.  112,  fees    312 

s.  113,  fees    312 

s.  116,  fees    313 

chapter  280,  s.     1,  fee,  agent    230 

s.    2,  certificate  application 231 

s.     3,  registration,  change  231 

.$■.     4,  service  of  process 232 

s.     5,  service  on  secretary  of  state  233 

s.    6,  withdrawal  from  state,  fee  234 

s.    7,  trustee  process   234 

s.    8,  other  service   234 

s.    9,  new  registration,  fee  234 

.y.  10,  non-compliance,  penalty   234 

-r.  11,  effect   235 

s.  12,  change  in  name,  fee 235 

s.  13,  replaced  230 

294,  new  s.  22-a,  exception,  state  lands 30 

296,  new  s.    S-a,  fees    314 

304,  J.    2,  VII,  carrier  defined   160 

new  XI,  taxicabs  defined  160 

s.    3,  exemptions    160 

306,  s.     3,  new  XVI-a,  commercial  landing  area  .  .  402 

new  s.  17-a,  air  port  managers  142 

s.  23,  new  V,  suspensions  ,  79 

s.  29,  additional  services    402 

new  X,  engineering  services  402 

s.  30,  IV,  repealed  403 

307,  ^.  13,  date  and  form  12 

310,  ^.     3,  III,  loans  to  veterans  21 

VII,  deposit  books  237 

new  Il-a,  legal  investments 44 

s.  12,  XV,  fire  insurance  stock  237 

new  XVIII,  investment  trust  shares  ....  238 

J.  13,  impaired  assets   238 


766  Index  [1949 

Revised  Laws,  amended,  repealed,  etc. 

chapter  312,  new  s.  20,  deferred  posting    59 

new  ,$•.  21,  definition    59 

new  ^.  22,  effect  on  other  law   59 

313,  .S-.  31,  limit  increased  11 

314,  s.     3,  name 94 

new  s.  4-a,  amendments    94 

J.     5-b,  limits  on  shares    95 

new  J.  8-a,  limitations  on  accounts    93 

^.  11,  exception  95 

s.  31,  shares,   term   of    95 

.y.  32,  amount 95 

s.  33,  shares,  term  of  96 

s.  34,  shares,  term  of  96 

s.  35,  investment  shares  96 

.y.  38,  repealed    16S 

chapter  314,  new  .«■.  42,  conversion    164 

new  s.  43,  filing  of  charter 165 

new  .y.  44,  corporate  existence  165 

new  s.  45,  previous  conversion    166 

new  .f.  46,  conversion  to  state  charter   166 

new  s.  47,  filing  of  minutes   167 

new  ^.  48,  application  of  act   167 

new  ^.  49,  regulations    167 

new  .<■.  50,  federal  conversion  167 

new  s.  51,  power  to  merge 168 

315,  .y.  17,  use  of  funds   19 

319,  new  .y.  14-a,  annual   report    244 

new  .S-.  14-b,  false  statements   • 244 

.y.  28,  penalty   24-1 

323,  new  .y.  61 -a,  appeal    15.' 

new  .y.  61-b,  power  of  court  153 

new  chapter  325-A,  unauthorized  insurers  process  act  219 

328,  new  s.  18-a,  other  investments    42 

333,  s.     5,  benefits    175 

333-A,  new  s.  16-a,  qualifications   41 

337,  s.     1,  rules  and  regulations  85 

s.     4,  rules  and  regulations  86 

^                    new  .y.  4-a,  prohibition   208 

.y.     9,  preservation   of   returns    298 

338,  s.  10,  permission,  department  of  health    109 

.y.  22,  rules  and  regulations  86 

339,  s.  14,  temporary  orders    277 

s.  22,  return  of  list   298 

,y.  23,  repealed   298 

.y.  29,  orders  of  support  278 

new  s.  34,  third  parties   13*J 

new  chapter  339-A,  uniform  divorce  recognition  law   176 

340,  ,y.     2,  wife's   contracts    207 


1949]                                     Index  767 

Revised  Laws,  amended,  repealed,  etc. 

chapter  340,  J.  IS,  neglect  by  husband  or  father  177 

new  s.  15-a,  neglect  by  mother  177 

342,  s.  22,  III,  investments  limited   26 

V,  investments  limited  26 

343,  new  j.  3-a,  temporary  guardians    4t 

343,  new  s.  3-a,  temporary  guardians Ad 

345,  J.    4,  names  of  parents   297 

346,  new  s.  30,  stenographers,    record    69 

new  s.  31,  expenses   .  /. 69 

347,  s.  13,  return  of  names  changed    298 

355,  s.  13,  limitation  increase    299 

359,  s.     1,  allowance  to  widow  239 

363,  J-.  17,  IV,  investment  trusts    125 

^.  18,  filing  trustee  accounts   32 

chapter  365,  ^.     8,  notice  required  119 

366,  i'.  102,  variation  permitted    59 

j-.  103,  variation  permitted 59 

J-.  104,  variation  permitted    59 

^.  155,  variation  permitted 59 

367,  s.      2,  fast  day  322 

374,  J-.     13,  deputies,  appointment   84 

s.     14,  form  and   approval    84 

375,  ^.    26,  jurors,  expenses   1 

new  s.  28,  exemption   2 

new  s.  29-a,    exemption    241 

379,  ^.     5,  probation  officers    210 

392,  new  .<■.  36,  definitions    341 

(a)  business    341 

(b)  record   341 

(c)  photograph    341 

new  s.  37,  photographic  copies    341 

395,  s.     1,  auditors,  appointment   138 

J.  26,  number  increased  83 

410,  s.     1,  right  to  partition   318 

425,  ^.  31,  fees   126 

429,  s.  13,  place,  reduction  in  sentence 236 

s.  28,  parole  board   I7fl 

440,  new  s.  21-a,  smoking  prohibited  28 

441,  .f.  14,  obscene   matter    300 

s.  15,  hiring  minors    300 

^■.  16,  duty  of  custodians   300 

450,  s.     7,  penalty  for  fraud   68 

s.  27,  penalty   4 

452,  s.     3,  grand  larceny  defined  133 

s.    4,  petit  larceny  defined    133 

.?■.     5,  under  twenty  dollars   133 

464,  s.  16,  attorney-general  added   19 

Rewards,  disposal  of,  time  for   82 


768  Index  [1949 

Rights  of  way,  reversion  to  town  7 

Road  toll  continued   212 

municipalities   excepted    27 

use  tax,  out-of-state  vehicles  281 

reciprocal    ,169 

Roberts,  Maurice  A.,  in  favor  of   534 

Rochester,  department  of  public  works    638 

mayor,  salary   638 

Rockingham  county,  commissioners,   compensation    276 

proceedings  legalized    726 

Farmers  Mutual  Fire  Insurance  Company,  powers  ....  691 
Rodenticides,  see  Poisons 

Rye  North  Beach,  bonds  validated   547 

name  of  water  district  547 

school  district,  bonds  authorized  557 

proceedings  legalized    557 

water  district,  bonds  validated   547 

named  547 

zoning  powers   666 

Saco  Valley  railroad,  dissolved 112 

Salaries,  county  commissioners,    Coos    67 

solicitor,  Hillsborough    157 

Sullivan  186 

director  children's  study  home   429 

highway,  assistant  commissioner  :  information  295 

planning    295 

chief  engineer 295 

commissioner   295 

special  consultant   275 

Somersworth,  mayor   552 

state  hospital,  superintendent   429 

Savings  banks,  siee  also  Banks 

legal  investments  44 

veterans,  loans  to   21 

Saw  mills,  combustibles,  storage  of   114 

examination  by  state  forester 6 

penalties   113 

registration  of,  required   7c> 

rules  and  regulations  114 

slash,   removal   of    114 

taxes  paid,  required   for  registration   7.^ 

School  bus,  equipment  required   103 

operator,  certification  104 

passing 103 

signs  103 

districts,  see  also  Towns 

articles  in  warrant   344 

audit  of  accounts 8 


1949]  Index  ?6§ 

School  districts,  auditors,  selection  of   8 

board  of  investigation 47 

approval  required 49 

duration  of    .......::;........:  49 

findings     :;.;..;;....:.;.:..;;...:.;  48 

meetings  ^ .  .  - ;  i ....  i ..:;;:.....  .  48 

bond  terms  extended  -.*..;.  ^  ...  i ...;......:.:...  .  49 

bonds  authorized  ;........;.....;...  4^ 

borrowing,  capacity  extended i . .  i . ;  i . ;  i .  ^ ; . :  47 

municipal  bond  statute,  exemption   ........  ,i ...  ;  47 

new  construction   ; ;  . .  ;  47 

unions,  budget I7l 

Schoolhouse  lots,  enlarging  139 

Schools,  see  also  Education 

attendance  excused  how   132 

duty  to  attend  81 

nonresident   pupils,    tuition    132 

teachers,  oath  required  414 

tuition,  liability  for   133 

Scooters,  motor,  defined  as  motor  cycle  210 

Secretary  of  state,  appropriation   449,  491 

fees  to  312 

names,  list  of  changes 299 

Seines  prohibited    349 

Selectmen,  see  also  Towns 

county  convention,  notice  of   4 

Separate  maintenance,  orders  of  support  278 

Session  Laws,  amended,  repealed,  etc. 

1814,  chapter      47,  authorization    553 

1830,  chapter       12,  charter  repealed    551 

1833,  June  27,     s.  1,  powers    691 

1839,  chapter       18,  corporation  dissolved    Ill 

1844,  chapter     191,  corporation  dissolved    109 

1845,  chapter    286,  corporation  dissolved    Ill 

chapter    287,  corporation  dissolved    112 

1846,  chapter     393,  corporation  dissolved    Ill 

395,  corporation  dissolved   112 

404,  s.  3,  powers  728 

451,  corporation  dissolved   Ill 

1847,  chapter     555,  corporation  dissolved    109,  112 

558,  corporation  dissolved    109 

1848,  chapter    659,  corporation  dissolved    110 

660,  corporation  dissolved   110 

661,  corporation  dissolved   110 

665,  corporation  dissolved    Ill 

772,  corporation  dissolved    112 

775,  corporation  dissolved   110 

813,  repealed  55l 

1S49,  chapter    910,  corporation  dissolved    110 


770  Index  [1949 

Session  Laws,  amended,  repealed,  etc. 

1850,  chapter  1033,  corporation  dissolved    109 

1034,  corporation  dissolved   110 

1035,  corporation  dissolved 110 

1036,  corporation  dissolved   Ill 

1037,  corporation  dissolved   HI 

1044,  corporation  dissolved    112 

1851,  chapter  1173,  corporation  dissolved    110 

1177,  corporation  dissolved   109 

1178,  corporation  dissolved   HO 

1852,  chapter  1259,  corporation  dissolved    110 

1347,  corporation  dissolved   110 

1853,  January  5,        Concord       Female      Charitable      Society, 

powers  56-1 

chapter  1350,  corporation  dissolved    Ill 

1485,  corporation  dissolved   112 

1855,  chapter  1735,  corporation  dissolved    112 

1772,  corporation  dissolved    112 

1777,  corporation  dissolved    112 

1781,  corporation  dissolved    112 

1793,  corporation  dissolved    112 

1856,  chapter  1900,  corporation  dissolved   110 

1914,  corporation  dissolved   110 

1857,  chapter  2019,  corporation  dissolved    112 

1858,  chapter  2161,  corporation  dissolved    Ill 

2169,  corporation  dissolved   Ill 

1861,  chapter  2558,  corporation  dissolved    Ill 

1862,  chapter  2678,  corporation  dissolved    Ill 

July  19,  powers,    691 

1863,  chapter  2793,  corporation  dissolved    Ill 

1866,  chapter  4315,  corporation  dissolved    Ill 

4328,  corporation  dissolved    112 

1867,  chapter      89,  corporation  dissolved    Ill 

1868,  chapter      12,  corporation  dissolved    112 

82,  corporation  dissolved   112 

110,  corporation  dissolved    Ill 

1869,  cliapter      69,  corporation  dissolved    110 

11,  corporation  dissolved    Ill 

79,  corporation  dissolved   112 

1870,  chapter      25,  corporation  dissolved    Ill 

1871,  chapter       74,  corporation  dissolved    1 10 

75,  corporation  dissolved 1 1 1 

n,  corporation  dissolved    110 

1872,  chapter      99,  corporation  dissolved    112 

101,  corporation  dissolved    110 

103,  corporation  dissolved    Ill 

120,  .y.  2,  location  and  powers   571 

>v.  3,  members  and  quorum   571 

s.  4-6,  repealed    571 


1949]  Index  771 

Session  Laws,  amended,  repealed,  etc. 

1872,  chapter     120,  j.  8,  repealed  571 

1873,  chapter     139,  corporation  dissolved    Ill 

1875,  chapter      95,  corporation  dissolved 110 

1876,  chapter     159,  corporation  dissolved    Ill 

1878,  chapter     128,  corporation  dissolved   112 

130,  corporation  dissolved    112 

1879,  chapter     110,  corporation  dissolved    110 

125,  corporation  dissolved   Ill 

127,  corporation  dissolved    112 

1881,  chapter     179,  corporation  dissolved    110 

1883,  chapter    214,  corporation  dissolved    Ill 

220,  corporation  dissolved  112 

229,  corporation  dissolved  112 

239,  corporation  dissolved  Ill 

1885,  chapter     152,  corporation  dissolved    110 

1887,  chapter     172,  corporation  dissolved    112 

198,  corporation  dissolved   110 

199,  corporation  dissolved    Ill 

221,  corporation  dissolved   Ill 

232,  corporation  dissolved    llO  • 

309,  corporation  dissolved    Ill 

1889,  chapter        5,  corporation  dissolved   110,  111 

46,  corporation  dissolved    110 

194,  corporation  dissolved   112 

272,  corporation  dissolved    Ill 

1891,  chapter        3,  corporation  dissolved    .  . .  .  , 110 

189,  corporation  dissolved    Ill 

202,  corporation  dissolved    112 

233,  corporation  dissolved   110 

260,  corporation  dissolved   112 

241,  s.  14,  partial  repeal  638 

1893,  chapter     165,  corporation  dissolved    110 

241,  s.  17,  clerk,  Laconia,  salary  698 

245,  corporation  dissolved   Ill 

1895,  chapter     159,  corporation  dissolved    Ill 

178,  corporation  dissolved  110 

251,  corporation  dissolved  112 

1897,  chapter     186,  partial   repeal    638 

1899,  ciiapter     196,  corporation  dissolved    110 

197,  authorization  553 

1901,  chapter    225,  new  s-a.,  parking  meters   544 

254,  jr.  1,  purposes    562 

new  .V.  3,  powers   562 

280,  ^.  2,  increase  authorized   552 

1903,  chapter    243,  corporation  dissolved    110 

255,  new  4-b,  rates,  reserve  fund  560 

new  4-c,  commissioner,   powers    560 

1905,  chapter     151,  corporation  dissolved   110 

1909,  chapter    305,  j.  24,  mayor  pro  tempore  688 


772  Index  [1949 

Session  Laws,  amended,  repealed,  etc. 

1909,  chapter    305,  j.  25,  vacancy   689 

new  s.  38,  assessors,  salary  575 

1911,  chapter     118,  water  level  and  gauge  402 

337,  corporation  dissolved   110 

1913,  chapter    306,  j.  6,  powers  increased    572 

427,  Part  1,  s.  51,  purchasing  committee 566 

1915,  chapter    290,  j.     1,  name  changed  640 

s.     3,  power  enlarged    640 

s.    4,  governor 640 

1917,  chapter     316,  clerk,  Laconia,   salary    698 

367,  corporation  dissolved  llO 

1919,  chapter    245,  assessors,  salary 575 

1921,  chapter    202,  s.     5,  surveyor,  duties    573 

271,  clerk,   Laconia,  salary   698 

273,  s.    5,  surveyor,  duties   573 

1923,  chapter     194,  assessors,   salary    575 

1927,  chapter    232,  s.     2,  powers  increased    554 

1929,  chapter      41,  s.    8,  road  toll  continued 212 

299,  s.     1,  mayor  pro  tempore 688 

1931,  chapter    258,  assessors,  salary  575 

281,  clerk,  Laconia,  salary  69o 

292,  s.    2,  amount  of  pension  550 

1933,  chapter     151,  road  toll  continued   212 

1935,  chapter     145,  s.     2,  membership    29 

s.     3,  terms  of  office  30 

293,  new  s.  3-a,  parking  meters  544 

1936,  chapter         1,  road  toll  continued   212 

1939,  chapter     137,  s.  11,  road  toll  continued 212 

269,  j'.     5,  salarj-    552 

1941,  chapter     135,  new  s.  1-a,  amendment  authorized 292 

190,  extension  of  time   400 

s.     7,  extension  of  purpose    400 

265,  ^.     5,  clerk,  Laconia,   salary    698 

1943,  chapter        2,  s.     2,  fees    317 

7,  .V.     3,  investment  shares    96 

8,  probation  officers   210 

14,  mileage  allowances   lOd 

17,  child-placing  agencies    282 

21,  J.     4,  definitions  263 

s.     3,  duties  264 

-f.     6,  non-competitive    364 

J.     7,  delegation   265 

new  s.     8,  exceptions    265 

new  s.     9,  additional  purchases    266 

34,  new  XXXIII,  garbage  and  waste 124 

40,  Sullivan    18(i 

52,  J.     1,  repealed    145 

55,  .f.     1,  interest  rate    54 

JT.     2,  interest  rate    54 


1949]                                     Index  773 

Session  Laws,  amended,  repealed,  etc. 

1943,  chapter      55,  s.    3,  interest  rate   54 

56,  s.    4,  eligibility    25,  87 

s.     5,  increase    23 

58,  s.  17,  taking,  limit    310 

1943,  chapter      64,  s.     1,  beaver,  taking  245 

65,  user  defined  27 

new  s.  19-a,  out-of-state  vehicles  169 

83,  time  extended — fairs  defined  18,  205 

102,  burial  expenses  20,  162 

119,  Coos,    Hillsborough    67,  157 

127,  s.     5,  names  of  parents  297 

136,  Sullivan    186 

144,  s.     1,  partial  suspension 365 

s.    2,  repealed 365 

J.     3,  partial  suspension   365 

145,  s.     5-b,  compensation  3 

146,  new  s.  32-b,  open-air   theatres    296 

new  s.  32-c,  selectmen,    regulation    297 

150,  Coos,  Hillsborough  67,  157 

155,  extension  of  time  400 

161,  s.     1,  notice    151 

s.    2,  record    153 

new  j'.     4-a,  assignment    153 

173,  J.     1,  veterans'  exemption    352 

s.     2,  repealed    352 

174,  service  exemptions   161 

181,  directors,  charitable  trusts   32 

s.  13-1,  repealed 32 

182,  s.     1,  bonds  required   65 

190,  new  s.  5,    copies  of  public  records  20 

191,  deer,  taking,  time  320 

195,  Coos,   Hillsborough    67,  157 

202,  Coos,  Hillsborough 67,  157 

214,  attaches,  mileage  106 

292,  s.     1,  retirement  system    699 

s.    2,  corporation  created   699 

s.    3,  powers   700 

1944,  chapter        4,  service  exemptions    161 

5,  veterans'  exemption   351 

1945,  chapter       16,  C,  benefit  year   189 

41,  extension  of  time   308 

lease  receipts,  disbursement  307 

44,  .y.     1,  motor  nimiber  required  102 

46,  beaver,  taking 245 

65,  disposal  of  fines,  time  82 

66,  Coos,   Hillsborough    67,  157 

67,  J.  59-a,  striped  bass   276 

71,  new  J.  61-a,  appeal    153 

new  s.  61-b,  power  of  court  153 


774  Index  [1949 

Session  Laws,  amended,  repealed,  etc. 

1945,  chapter      78,  increase    23 

84,  J.     1,  new  Il-a,  legal  investments  44 

s.     2,  limit  increased    11 

88,  burial   expenses    20,  162 

90,  operator,  certification    104 

92,  directors,  charitable  trusts   2Z 

117,  time  extended — fairs  defined  18,  205 

137,  s.     1,  payments    368 

138,  j'.     1,  emploj^er   189 

s.     2,  employer    189 

s.    8,  eligibility   25,87 

s.  10,  disqualifications   191 

J-.  11,  initial  determination   192 

s.  12,  appeals  193 

s.  14,  general  experience  rating   194,  295 

^.  20,  records  and  reports   195 

s.  22,  adjustments  and  refunds 223 

139,  s.     2,  manufacturers'   permits   254 

144,  Hampton  real  estate  209 

149,  benefits    175 

151,  J.     3,  committee  revised  56 

153,  .y.     2,  extension  of  time   400 

160,  s.     1,  special  license   322 

163,  Coos,   Hillsborough    67,  157 

168,  deer,  taking,  time   320 

181,  5.     1,  Merrimack    367 

s.     2,  Merrimack  368 

183,  s.  11,  III,  compensation    3 

184,  s.    2,  director  in  charge  286 

.9.     9,  Bear  Brook  park  400 

s.  10,  reimbursement  fund   364 

188,  Part    2,  s.    6,  recreational  roads   271 

^.     7,  exception   70 

.T.  22,  new    5-a,   leases   permitted  69 

4,  .9.  12,  tender  184 

.?.  13,  payment,  how    184 

s.  14,  owner  unknown    185 

s.  16:  certificate  of  tender 185 

5,  s.  15,  nonresident    185 

s.  16,  owner  unknown   186 

8,  s.     3,  reversion    7 

,9.     4,  notice 7 

9,  s.     1,  landowner's   rights    8 

10,  .V.     5,  assistant :    planning    294 

new'  .9.  5-a,    assistant:     informa- 
tion     294 

new  .r.  5-b,  chief  engineer   2^ 

new  s.  5-c,  duties  294 

s.     8,  winter  maintenance  240 


1949]  Index  775 

Session  Laws,  amended,  repealed,  etc. 

1945,  chapter     188,  Part  13,  .y.     1,  town  road  aid  10 

new     1-a,  class  IV  highways   .  .  70 

s.    9,  use  of  allotment 243 

14,  s.    9,  state  bridge  aid   269 

19,  new  s.  6-a,  speed  zones   347 

22,  ^.  10,  time  and  interest  71 

J.  15,  time  o£  lien  71 

203,  porcupine,  bounties   343 

240,  interpretation  161 

1947,  chapter        2,  Sullivan    186 

5,  term  and  payment 108 

11,  gross  weight  92 

27,  Sullivan 186 

37,  s.     1,  suspended  4-60,  502 

43,  limits  on  shares  95 

44,  old  age  assistance,  recovery  88 

47,  s.     I,  loaded  guns  9 

48,  s.     2,  child-placing   agencies    282 

59,  national  guard,  exception  310 

s.     1,  employment   190 

s.     7,  increase    23 

s.  11,  eligibility   25,  87 

s.  13,  disqualifications    191 

s.  14,  initial  determination   192 

J.  15,  appeal  to  courts  350 

s.  17,  general  expefience  rating   194,  295 

s.  18,  fund  194 

J.  22,  reimbursement ;  contingent  fund  . .  .      196,  197 

82,  .y.     1,  spot  lamps,  two  allowed  41 

86,  partial  suspension  365 

94,  directors,  charitable  trusts   32 

105,  s.     1,  poll  tax  payment  .145 

107,  s.    2,  XIII,  amputee  registration 31 

117,  jurors,   expenses    1 

129,  new  s.  2-a,  pheasant,  closed  season  366 

133,  wholesaler ;  sub-jobber,  defined   201,  202 

142,  .y.     2,  notice  to  selectmen   4 

148,  s.    4-a,  preference,  wives  and  widows  ...  33 

152,  s.    2,  exception    53 

160,  benefits   175 

165,  VI,  police  powers  44 

174,  J.     2,  use  of  allotment 243 

176,  stenographers,  number  of  83 

177,  J.     1,  V,  dealer  defined  347 

183,  streams   classified    213 

s.    4,  VI,  eligibility  for  aid 217 

s.     7,  I,  prosecutions   217 

II,  extension  of  time  218 

new  s.  7-a,  appeal,  variances  218 


776  Index  [1949 

Session  Laws,  amended,  repealed,  etc. 

1947,  chapter     187,  .y.     1,  notice  to  mortgagee 150 

J.    2,  interest  rate   54 

189,  new  s.  16-a,   qualifications    41 

195,  .y.  21,  union  membership 51 

J.  21-a-d,  repealed  51 

198,  s.     1,  suspended  480 

s.    2,   suspended  480 

200,  jurors  expenses   1 

201,  s.  46-b,  alternate  plan    342 

202,  .r.     1,  Coos,  Hillsborough,  Sullivan  ....  67,  157,  186 
206,  distribution  to  fairs   74 

213,  Sullivan   186 

214,  burial   expenses    20,  162 

215,  s.    2,  recreational   roads    271 

216,  .y.  35,  hearings  and  awards  334 

new  J.  35-a,  petition,  right  to  appeal   ....  335 

.y.  36,  notice  of  hearing 335 

.y.  38,  modification :  effect  335 

217,  J.     3,  fee    288 

236,  J.     2,  vote  required   154 

239,  road  toll  continued   212 

240,  service  exemption   162 

.y.  29-c,  veterans,  allied   forces   352 

250,  .y.     1,  highway  commissioner   295 

assistant  .  . .  295 

state  hospital  superintendent   429 

251,  .y.     5,  rules  and  regulations  134 

2.S4,  s.     1,  definitions    416 

s.    2,  declaration  of  purpose  417 

.y.     3,  commission  constituted    417 

,y.    4,  compensation   417 

s.     5,  chairman,  etc 418 

s.    6,  executive  director   418 

s.     7,  powers  and  duties   418 

J.     8,  acceptance  of  grants  418 

.y.     9,  facilities  and  personnel   419 

J.  10,  buildings  and  equipment    419 

J.  11,  state  hospital    419 

s.  12,  committals    419 

s.  13,  costs  and  income   421 

.y.   14,  separability   421 

262,  s.     5-h,  compensation  3 

263,  Sullivan    186 

264,  s.    4,  trustee  accounts,  filing  32 

266,  corrections    146 

new  ,y.  3-a,  revocation   155 

new  s.  8-a,  I,  notice  229 

IT,  notice   229 

S,  12,  third  person  liabilitv    155 


1949]                                     Index  777 

Session  Laws,  amended,  repealed,  etc. 

1947,  chapter    266,  J.  20,  compensation  for  death  224 

J.  21,  temporary  total   disability    225 

.y.  28,  maximum  benefits  225 

267,  eligibility    25,  87 

268,  Sullivan    " 186 

270,  Sullivan    186 

276,  s.    2,  compensation    3 

279,  salary  of  director  429 

280,  J.     3,  rules  and  regulations    260 

281,  s.     6,  airport   managers    142 

284,  s.     1,  Coos,  Hillsborough  67,  157 

288,  limit  increased   11 

294,  s.     1,  transfer  of  funds   438 

J.     2,  extension  of  time    431 

s.     3,  extension  of  time    431 

295,  s.    4,  additional    funds    389 

^.     5,  amount  increased   389 

new  .5'.  5-a,  short  term  notes  40 

s.  10,  definition   • 390 

323,  repealed  530 

328,  committee  dissolved  531 

341,  J.     1,  salaries    700 

349,  assessors,  salaries    575 

376,  s.     1,  powers   565 

380,  salary  of  mayor    552 

385,  J.  14,  general  powers  686 

s.  27,  posting  budget    687 

J.  28,  effective  date   687 

387,  s.     1,  Berlin  check-lists    559 

392,  partial   repeal    578 

398,  revised  700 

1949,  chapter      24,  agricultural    fairs,   defined    205 

28,  burial  expenses   162 

30,  J.     2,  eligibility    87 

34,  intoxication  not  defense   293 

43,  s.     9,  membership  increased    76 

61,  .S-.    4,  effective   date    207 

73,  Hillsborough    157 

104,  .9.    2,  fees  345 

108,  J.     4,  appropriations    288 

133,  s.     1,  means  for  disposal   309 

152,  compensation  for  death  224 

169,  J  19-a,  additional  tax  281 

184,  fees    317 

185,  .r.  11,  general  experience  rating 295 

205,  s.    8-a,  I,  cancellation  of  policy 336 

Sewage  facilities,  leasing  permitted    69 

systems,  debt  limit  removed   70 

Sewer  assessments,  lien,  time  and  interest  71 


778                                        Index  [1949 

Sexual  psj-chopaths,  treatment  and  care   422 

Shannon  brook,  smelt,  taking  324 

Shooting  human  being  in  mistake  for  game   257 

Silver  lake,  Mollis,  named  99 

Sinking  fund,  payments  from  437 

transfers  from   . . . '. 43j 

Skating,  appropriations  authorized 3-1 

Slash,  removal  around  sawmills  11-1 

Small  loan  licenses,  annual  reports  244 

Smelt,  taking.  Shannon  brook  32-1 

Smoking,  forests,  prohibited  when   65 

public  carriers,  prohibited    '■ "^ 

Soil  conservation,  committee  revised  56 

Soldiers'  Home,  appropriation   456,  498 

Somersworth,  mayor,  salary   552 

Song,  state,  adopted  31 

South  Hampton,  proceedings  legalized  558 

Speed  limits,  motor  vehicles  346 

Splaine,  Brendan  J.,  in  favor  of  540 

Spot  lights,  number  limited   41 

Stark,  John,  highway  named   9 

State  banks,  see  Banks 

board  of  fire  control,  rules  of  134 

buildings,  and  grounds,   appropriation    451,  493 

departments,  deficiency   appropriation    432 

reorganization  plan  34 

employees,  reclassification    authorized    522 

bonus   97,  288 

retirement  system  appropriation    476,  517 

fire  marshal,  duties  319 

forester,  examination  of  saw  mills    6 

expenses  of  reforestration    6 

saw  mills,  powers   lH 

white  pine  blister,  notice  355 

hospital,  appropriation     457,  498 

name 259 

superintendent,  salary  429 

voluntary   commitment    101,  259 

house  annex,  sinking  fund  appropriation  444,  486 

housing  board,   appropriation    470,  511 

industrial   school,   appropriation    453,  495 

lands,  license  to  public  to  cross  30 

library,  appropriation    450,  492 

purchases  265 

liquor  commission,  purchases    265 

police,  appropriation   444,  451,  -186,  493 

prison,  appropriation    4.i8,  500 

trustees  as  parole  hoard  170 

reporter,  purchases  265 

retirement  system,  approi)riation    476,  517 


1949]  Index  779 

State  retirement  system,  board,  compensation   3 

sanatorium,  appropriation  459,  501 

song,  adopted   31 

tax  commission,  appropriation   474,  516 

treasurer,  bond    97 

disbursement  of  lease  receipts  307 

tenure  of  office 97 

toll  road  notes  ; 40 

treasury,  appropriation    452,  494 

Stenographers,  court,  number  of  83 

probate,  expenses  69 

Stillbirths,  burial  permits  87 

Stratham,  Congregational  Society,  authorization   553 

Streams  classified    213 

Striped  bass,  length   276 

Subversive  activities,  interim  commission    528 

Sugar  River  railroad,  dissolved 112 

Sullivan  county,  solicitor,  salary   186 

railroad  company,  dissolved  112 

Sunapee  recreational  project,  extension  400 

Superior  court,  adoption  decrees,  name  of  parents  297 

appropriation    440,  482 

auditors,  appointment  138 

clerks,  deputy   84 

report  of  name  changes  297 

jurors,  compensation  1 

exemption  for  age   2 

expenses  1 

non-support,  povi^ers   147 

purchases    265 

sex  crimes,   procedure    422 

stenographers,  number    83 

taxes,  insurance  companies,  appeals  153 

Supervisory  unions,  budget   171 

Support,  procedure  to  obtain  147 

Supreme  court,  appropriations    440,  482 

purchases   265 

Surry,  proceedings  legalized   729 

Sutton,  proceedings  legalized  548 

Tax  collector,  town  manager  to  be,  vote 154 

commission,   appropriation    474,  516 

audit  of  fairs  74 

exempt  property,  interim  commission  531 

exemptions,  veterans,  allied  forces   351 

sale,  notice  to  mortgagee   150 

old  age  assistance  liens,  notice  277 

Taxation,  inheritance,  annuities,  value  of  403 

domicile,  disputes 13 


780  Index  [1949 

Taxation,  insurance  companies,  appeals   153 

real  estate,  identification    173 

property  subject  to 173 

removal  of  property   158 

road  use,  out-of-state  vehicles   169 

saw  mills,  registration  73 

timber,  see  Forest  Conservation  and  Taxation 

veterans,  exemption   161 

Taxes,  interest  on  delinquent   54,  207 

public,  apportionment  325 

Taxicabs,  definition 160 

Teachers,  oath,  enforcement    415 

exception    415 

penalty  415 

required    414 

retirement  system,  appropriation 475,  517 

Television,  motor  vehicles,  prohibited  in  40 

Temple,  notes  authorized   545 

special  meeting  legalized  545 

Tenofsky,  Samuel  W.,  in  favor  of  534 

Tewksbury,  John  M.,  in  favor  of  534 

Theatres,  open  air  motion  picture,  regulation  296 

Tilton  and  Belmont  railroad,  dissolved  112 

Northfield  union,  bonds  authorized  576 

proceedings  legalized  576 

Timber  tax,  sec  Forest  Conservation  and  Taxation 

Tobacco,  sub-jobber  defined   202 

wholesaler  defined  201 

Todd  pond,  name  changed  73 

Toll  road,  additional  funds    389 

limited  access  highway  390 

named   104 

short  term  notes  40 

Town  clerks,  death  certificates,  duplicates  85 

reports  on  vital  statistics    85 

manager,  as  tax  collector,  vote  154 

officers  associations,  membership   127 

road  aid,  entitled,  when   10 

extension  of  use  70 

Towns,  aliens  not  eligible  to  office  242 

appropriations,  hospitals    157 

poison   ivy   52 

skating  and  coasting  34 

utilities    323 

assessors,  election  of   2 

associations  of  officers,  dues  127 

bonds  and  notes,  term  and  payment  108 

bounties,   accounting    17 

cemetery  records    43 

check-list,  evidence  required   242 


1949] 


Index  781 


Q 

Towns,  discontinuance  of  highways   

doe  license  fees,  disposal  of    

dumps,  provisions  for  ^^•^'  •'"^ 

flood  control,  reimbursement    308 

forest  fire  expenses  ^^'-^i 

health,  district  departments   authorized    226 

highway  law,  application   ^^^ 

highways,  use  of  allotments  243 

•    •  1 S7 

hospitals,   appropriations    

municipal  budget  law,  committee    267 

emergencies  • "° 

officials,   duties    268 

removal    269 

reports   ^^^ 

planning,  powers  

offices,  incompatibility  of  certain 43 

■     •  1 77 

officers,  membership  in  associations  a^' 

poison  ivy  eradication   ^ 

road  aid,  extension  of  use   

when   ^2 

27 
toll,  exceptions  

school  districts,  articles  in  warrant  344 

unions,  budget    ^''■ 

schools,  equalization  plan 

selectmen,  notice  of  county  convention  4 

sewage  leases  permitted  "^ 

systems,  debt  limit   ^^ 

sewer  assessments,  lien  for   

tax  sales,  notice  to  mortgagee  ^^ 

welfare  department   277 

taxation  of  property,  removal  of   158 

veterans'  exemption    1"^ 

taxes,  interest  on  delinquent  54,  207 

theatres,  open-air,  regulation   296 

utilities,   approval  of  appropriation    323 

1  Ai 

veterans,   exemption    ° 

white  pine  blister,  appropriations    3o5 

obligation  to  pay   355 

337 
zoning,  appeals    

motion  for  rehearing 336 

regulations,  notice  of  ^ 

Trade-mark  law  ^f^ 

name,  registration  tee 

Transportation,  obtaining  with  intent  to  defraud   68 

Trawls  prohibited  

Trees,  see  Forests  . . 

Troy,  bonds  authorized   

proceedings  legalized    -^ 

water  construction  authorized  ^^^ 


782                                     Index  [1949 

Trust  companies,  see  also  Banks 

deferred  posting  permitted ; .  .  ^ S9 

loan  power  increased 11 

Trustee  accounts,  notice  required 32 

time  for  filing   32 

Trustees,  investments  125 

Trusts,  director  of  charitable,  office  created  32 

Unauthorized  insurers  process  act  219 

Unemployment  compensation,  adjustments   223 

administration    350 

appeal  to  courts  350 

eligibility  25,  87 

general  experience  rating  194,  295 

increase  23 

merit  ratings  296 

national  guard    310 

reciprocal  arrangements   179 

revisions    189 

Uniform  divorce  recognition  law^   176 

state  laws  commission,  appropriation  470,  511 

representation  29 

trust  receipts,  filing  fees  314 

Union  membership,  coercion  prohibited    51 

school  district,  Concord,  name  changed  623 

University  of  New  Hampshire,  appropriation    460,  502 

nonresident  students    258 

purchases    265 

lltilities,  application  of  highway  law  ...    348 

municipal,  approval  of  appropriation   323 

public,  license  to  cross  state  lands   30 

Venereal  disease,  see  Communicable  diseases 

Veterans  administration,  commitment   to    120 

copies  public  records   20 

allied  forces,  tax  exemptions  351 

amputees,  motor  vehicle  parking  137 

registration    31 

burial  expenses  20,  162 

copies  of  public  records  20 

council,   appropriation    469,  511 

employment  preferences    33 

insane,  commitment  to  administration    120 

investment  by  guardians  26 

real  estate  loans 21 

service  exemption   161 

Veterinary  examiners,  board,  appropriation  443,  485 


1949]  Index  783 

Vital  statistics,  authority  of  health  department  85 

illegitimate  children   208 

record  of  name  changes  208 

recording  death  certificates   85 

Voluntary  corporations,  recording  fees  312 

Voting,  see  Elections,  Towns 

Wages,  minimum   404 

Wakefield,  expenses  for  forest  fires  538 

Wallis  Sands,  bonds  validated    - 547 

water  district,  name  547 

Walpole,  expenses  for  forest  fires 538 

zoning  ordinances  legalized  567 

Warner,  bridge  repairs  530 

Wars,  dates  of,  for  exemptions  161 

Water  pollution,  appeals  from  orders   218 

classification  of  certain    290 

classifications    213 

commission,  appropriation    475,  517 

duties  217 

procedure  under  act   217 

resources  board,  appropriation   469,  511 

Waters,  drawing  down,  notice  of  intent  80 

in  two  states,  fishing  rules   64 

Weights  and  measures,  appropriation  453,  495 

Welfare,  see  Public  welfare 

Wells,  covering  required  366 

West  Amesbury  Branch  railroad,  dissolved  112 

Whitcomb,  D.  Salmon,  in  favor  of  estate 525 

White  Mountains  railroad,  dissolved   112 

pine  blister,  expense,  obligation  for 355 

notice  required   355 

power  of  towns  35o 

Whitefield,  authority  granted   576 

proceedings  legalized    576 

Whitefield  and  Jefferson  railroad,  dissolved    112 

Widow,  allowance  from  husband's  estate  239 

Wild  boar,  extermination  of  356 

Winnipesaukee,  water  level  and  gauge  401 

Winslow,  E.  James,  in  favor  of  530 

Wolfeboro  Fire  Precinct,  additional  debt  authorized    726 

bonds  authorized   726 

railroad,  dissolved    112 

Women,  contract  rights  and  liabilities  207 

Workmen's  compensation,  appeals   335 

benefits   increased    146,  225 

compensation  for  death   146,  225 

corrections    146 

hearings  and  awards    334 


784  Index  [1949 

Workmen's  compensation,  hearings,  notice  of   335 

limitations 336 

modification    335 

notice  of  policy  cancellation   229 

revocation  of  acceptance    155 

third  person  liability    155 

World  government  approved 525 

Zoning,  municipal  planning,  map   128 

regulations,  airports  45 

notice  to  town  meeting  99 


T 

^I