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

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LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 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 th