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

IhibiraiHxist 






LAWS 

of the 

STATE OF NEW HAMPSHIRE 

PASSED SPECIAL SESSION, 1950 

LEGISLATURE CONVENED APRIL 25, 1950 

ADJOURNED MAY 18, 1950 



and 



LAWS 

of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1951 

LEGISLATURE CONVENED JANUARY 3,1951 

ADJOURNED AUGUST 31, 1951 




CONCORD, N. H. 
1951 



N 

N52 

1951 



Printed by 

Granite State Press. Inc. 

Manchester, N. H. 



Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor Sherman Adams 



Councilor. 



[ George T. Noyes 
Renfrew A. Thomson 
C. Edward Bourassa 
Howard R. Flanders 
Charles F. Stafford 



Adjutant General Charles F. Bowen 

Aerorututics Comnnission, N. H. 

Director • • W. Russell Hilliard 

Agriculture, Commissioner of Perley I. Fitts 

Attorney-General • • .Gordon M. Tiffany 

Deputy Attorney-Gene7'al Maurice M. Blodgett 

r Warren E. Waters 
Assistant Attorneys-General . ■ ■ ■{ Henry Dowst, Jr. 

[ John N. Nassikas 
Charitable Trusts, Director of . . . .Ernest R. D'Amours 

Bank Commissioner • ■ Clyde M. Davis 

Deputy Commissioner Leon 0. Gerry 

George W. Boynton 
Joseph W. Epply 

Cancer Commission, State . . • • <l Ralph E. Miller 

1 George C. Wilkins 
[ James W. Jameson 

Comptroller Arthur E. Bean 

Education, Commissioner of Hilton C. Buley 

Fire Control, State Board • • . . 

State Fire Marshal Aubrey G. Robinson 

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



VI 



State Officers 



Forestry and Recreation Department 

State Forester William H. Messeck, Jr. 

Director of Recreation ■ ■ Russell B, Tobey 

Health Department, State 

State Health Officer John S. Wheeler 

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



Insurance Commissioner 
Deputy Commissioner 



Judicial Council 



.Donald Knowlton 
.Simon M. Sheldon 

Francis W. Johnston 
John R. Goodnow 
Robert W. Upton 
Rae S. Laraba 
Richard E. Shute 
Louis E. Wyman 
Maurice F. Divine 
Oliver W. Branch 
Robert E. Earley 

Labor Commissioner . . • • William H. Riley 

Employment Security 

Division, Director Newell Brown 

Employment Service Buremi, 

Director • • Abby L. Wilder 

Unemployment Compensation 

Bureau, Director William C. Chamberlin 



Lib7'ary Commission, State 



Maurice A. Jones 
Donald Ramsay 
Ida T. Sawyer 
Elwin L. Page 
Addie E. Towne 



State Lib7nrian . . . • • Mildred Peterson McKay 

Asst. State Librarian Catharine Pratt 



Liquor Commission, Stat( 



f William A. Jackson 
-<J Edmond J. Marcoux 
I Ray E. Tarbox 



State Officers vii 

f Edward E. Baker 

Milk Control Board -<{ Allen M. Freeman 

(^Clarence A. Marshall 

Motor Vehicle Commissioner ••.... Frederick N, Clarke 

Deputy Comimssioner Kennard E. Goldsmith 

Director of Safety Ralph V. Gould 

Road Toll Administrator John S. Mara 

Personnel Commission, Director . . ■ -Roy Y. Lang 

Planning and Development 
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 

[ Lula J. A. Morris 
Director • • Richard T. Smith 

f Harold K, Davison 

Public Utilities Commission -<j Edgar H. Hunter 

1^ Edward R. Thornton 

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

Public Works and Highways, 

Commissioner of Frank D. Merrill 

Deputy Commissioner ....•• John 0. Morton 

Assistant Commissioner J. Harold Johnson 

Purchase and Property, Director . . .Harold Cheney 

f Albert W. Hamel 

Racing Commission, State -{ Emmet J. Kelley 

(^ Byron E. Redman 

Secretary of State Enoch D. Fuller 

De/puty Harry E. Jackson 



viii State Officers 

State Buildings and Grounds, 
Superintendent . . • • Wayne B. Elwell 

fLawton B. Chandler 

Tax Commission, State <{ Oliver W. Marvin 

[John R. Spring 

Treasurer, State Winfteld J. Phillips 

Deputy ....•• Frank S. Merrill 

Veterans Council, State 

Director • • . Harold B. Trombley 

Water Resources Board, 
Chairman • ■ , . Walter G. White 



Courts 



Chief Justice 



SUPREME COURT 
Francis W. Johnston 



Associate Justice 



fAmos N. Blandin, Jr. 
j Laurence 1. Duncan 
1 Frank R, Kenison 
Edward J. Lampron 



SUPERIOR COURT 

Chief Justice John R. Goodnow 

r William A. Grimes 
John H. Leahy 
Dennis E. Sullivan 
Harold E. Wescott 
Stephen M. Wheeler 

George 0. Shovan 



Associate Justices ■ ■ -< 



State Reporter 



THE LEGISLATURE OF 1951 



SENATE 
President — Blaylock Atherton, Nashua 
Clerk — Benjamin F. Greer, Grasmere 
Assistant Clerk — Frank M. Ayer, Alton 
Sergeant-at-Arms — John S. Ball, Hopkinton 
Messenger — Rene Dufort, Hooksett 
Assistant Messenger — Harold T. Baxter, Colebrook 
Doorkeeper — Frank D. Gay, Hillsboro 
Telephone Messenger — J. Russell Bickford, Northwood 



SENATORS 



Louis W. Paquette, Nashua 
Nathan A. Tirrell, Goffstown 
Sara E. Otis, Concord 
J. Walker Wiggin, Manchester 
Marye Walsh Caron, Manchester 
Thomas B. O'Malley, Manchester 
Raoul J. Lalumiere, Manchester 



Fred G. Hayes, Jr., Berlin 

Charles H. Whittier, Bethlehem 

Suzanne Loizeaux, Plymouth 

Winifred G. Wild, Jackson 

John W. Dole, Bristol 

George W. Tarlson, Laconia 

James C. Cleveland, New London 

Lena A. Read, Plainfield Thomas H. Burbank,* Rochester 

Stanley M. Brown, Bradford Charles Frederick Hartnett, Dover 

Burleigh Robert Darling, Keene Augustus F. Butman,* Derry 

Ralph A. Blake, Swanzey , Margery W. Graves, Brentwood 

Blaylock Atherton, Nashua Thornton N. Weeks, Sr., Greenland 



HOUSE OF REPRESENTATIVES 
Speaker — Lane Dwinell, Lebanon, Eagle Hotel 
Clerk— Cyril J. Fretwell, Concord, 246 North Main Street 
Assistant Clerk — Robert L. Stark, Goffstown, Home 
Sergeant-at-Arms — John Tv^^ombly, Hill, Home 
Cho.plain — Austin H. Reed, Goffstown, Home 
Custodian of Mail and Supplies — 

Frank N. Jordan, Concord, 85 A No. State Street 
Doorkeeper — Sherman L. Greer, Manchester, Home 
Doorkeeper — Mabel L. Richardson, Randolph, Eagle Hotel 
Doorkeeper — Marie A. Christiansen, Berlin, Eagle Hotel 
Doorkeeper — George W. Philbrick, Concord, Home 



Died. 



The Legislature of 1951 



Atkinson, Hany B. Tuttle, r 
Aub7irn, Margai'et A. Griffin, r. and d. 
Brentwood, Frederick W. Libby, r. 
Candia, Mary A. Wastcoat, r. 
Chester, Robert C. Hazelton, r. 
Danville, Mahlon B. Darbe, r. 
Deerfield, Alf G. Lindahl, r. 
Derry, Harry E. Clark, r. 

William B. Gushing, r. 

Charles H. Gay, r. and d. 

Oliver H. Hepworth, r. and d 
East Kingston, George B Freeman, r. 
Epping, Lionel S. Fecteau, d. 
Exeter, Emory P. Eldredge, r. 

Elizabeth E. Kendall, r. 

James C. Rathbone, r. 

Maude B. Richards, r. 
Fremont, Anthime D. LeComte, r. 
Greenland, Charles W. Bonney,* r. 
Hampstead, Thorndyke Putnam, r. 
Hampton, Dean B. Merrill, r. 
Donald A. Ring, r. 
Hampton Falls, James H. Thurlow, r. 
Kensington, Charles R. Eastman, d. 
Kingston, Charles M. McNeill, r. 
Londonderry, Charles H. Hall, r. 
New Castle, Thomas F. McCaffery, r. 
Newfields, Thomas R. Sheehy, r. and d 
Newington, John E. Holden, r. 



ROCKINGHAM COUNTY 

Newmarket, Arthur A Labranche, d. 

F. Albert Sewall, d. 
Neivton, Henry G. Wells, r. 
North Hampton, George G. Carter, r. 
Northwood, Ex-nest L. Pinkham, r. and d. 
Nottingham, Arthur W. McDaniel, r. 
Plaistow, Arthur T Colcord, r. 
Portsmouth, 

Ward 1, Leland W. Davis, r. 
Mary C. Dondero, d. 
Alice W. Sukeforth, r. 
Ward 2, Charles T. Durell, r. 
Harry H. Foote, r. 
John H. Yeaton, r. 
Ward 3, C Cecil Dame, r. 

John J. Leary, d. and r. 
Ward Jf, Thurston A. Smart, r. 
Ward 5, Edward J. Ingraham, d. 
Raymond, Thomas F. Bluitte, r. 
Rye, Manning H. Philbrick, r. and d. 
Salem, Walter F Haigh, r. 

Leonard B. Peever, r. 
Sandown, Not entitled. 
Seahrook, William H. Durkee, r. 
South Hampton, Not entitled. 
Stratham, W. Douglas Scamman, r. 
Windham, Thomas Waterhouse, Jr., 

r. and d. 



Died. 



STRAFFORD COUNTY 



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

Ward 1, Raymond H. Chase, r. 

W. Raymond Stackpole, d. 
Ward 2, Paul G. Karkavelas, r. 

Joseph Marcotte, Jr., d. and r. 
William N. Shaheen, d. 
Ward 3, Levi F. Felker, r. 

Carroll E. Fellows, r. 
Ward If, James Carroll,* d. 

Harley A. Crandall, r. 
Charles H. Locke, r. 
Ward 5, Emmet J. Flanagan, d. 
Durham, Oren V. Henderson,* r. and d. 
Farmington, Carl C. Blanchard, r. 
Ned L. Parker, r. 



Lee, Frank I. Caldwell, d. 

Madbury, Not entitled. 

Middleton, Not entitled. 

Milton, John E. Home, r. 

Nexv Durham, William Smith, r. and d. 

Rochester, 

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

Fred Maxfield, r. 
Ward 3, Barbara Winters, r. 
Ward V/, Alphonse Lacasse, d. 
Angeline M. Gilbert 

St. Pierre, d. 
Ward 5, Norma M. Studley, r. 
Ward 6, Llewellyn F. Fernald, r. 
Charles F. Leach, r. 



Xll 



The Legislature of 1951 



Strafford County — Continued 
Rollinsford, Fred L. Green, r. i 

SomersW'Orth, 

Ward 1, Placide J. Lagueux, d. 

Ward 2, Edward G. Letourneau, d. 

BELKNAP 
Alton, Frederick M. Perkins, r. 
Barnstead, Arthur H. McAllister, r. 
Belmont, Joseph L. Boutin, d. j 

Center Harbor, Not entitled. ! 

Gilford, Lena D. Weeks, r. and d. 
Gilmanton, C. Roland Osborne, d. and r. 



Laconia, 






Ward 1, 


Myron B. 


Hart, r. and d. 


Ward 2, 


Fortunat 


A. Normandin,t 

d. and r. 




Alfred W 


Simoneau, d. and r. 


Ward 3, 


Elmer S. 


Tilton, r. 


* Died. 






t Resigned. 





Ward 3, Fred J. Coffin, d. 
Ward J,, Leo H. Cater, d. 
Ward 5, James F. Malley, d. 
Strafford, Albert H. Brown, r. 

COUNTY 

Ward Jf, Otto G. Keller, r. 

Robert P. Tilton, r. 
Ward 5, David O'Shan, r. 

Theodore M. Thompson, r. 
Ward 6, John F. Brown, r. 
John M. Ewing,* r. 
Meredith, Horace U. Ransom, r. 

Joseph F. Smith, r. 
New Hampton, Archibald H. Matthews, r. 
Sanbornton, Marion H. Atwood, r. and d. 
Tilton, Warren F. Metcalf, r. 



CARROLL COUNTY 



Albany, Not entitled 
Bartlett, Fred H. Washburn, r. 
Brookfield, Not entitled. 
Chatham, Not entitled. 
Conway, Mellen B. Benson, r. 

Elmer H. Downs, r. 

Leslie C. Hill, r. 
Eaton, Not entitled. 
Effingham, Not entitled. 
Freedom, Not entitled. 
Hart's Location, Florence P. Morey, 

r. and d. 



Jackson, Not entitled. 
Madison, Guy W. Nickerson, r. and d. 
Moultonborongh , G. Stewart Lamprey, r. 
Ossipee, Lisle O. Moulton, ind. 
Sandvnch, Perley C. Knox, r. 
Tamxcorth, Earle H. Remick, r. 
Tuftonboro, Forrest W. Hodgdon, r. and d. 
Wakefield, Ansel N. Sanborn, r. 
Wolfeboro, Harold H. Hart,* r. 

John D. McHugh, r. and d. 



Died. 



MERRIMACK COUNTY 



Allenstown, Laurier Baron, d. 
Andover, Charles H. Putney, r. 
Boscawen, Elmer S. Ellsworth, r. and d. 
Boiv, Andrew M. Nicoll, r. 
Bradford, Reuben S. Moore, r. and d. 
Canterbury, Albert A Vogel, r. 
Chichester, Shirley A. Marden, r. 
Concord, 

Ward 1, Fred M. Dodge, d. 
James P. Ferrin, d. 

Ward 2, Clarence I. Tebbetts, r. 



Ward 3, Clyde B. Loiselle, r. and d. 
Ward J,, Philip H. Blodgett,t r. 

Harry H. Kennedy, r. 

Charles W. Tobey, Jr., 

r. and 
Ward 5, George L. Hurd, r. 

Raymond K. Perkins, r. 
Ward 6, George H. Corbett, r. 

Eugene J. O'Neil, r. 

Gertrude E. Saltmarsh, r. 

John C. Tilton, r. 



The Legislature of 1951 



Merrimack County- Contmned 
Concord, 
Ward 7, Shirley Brunei, r. 
John E. Bunten, r. 
Allen M. Freeman, r. 
Marjorie M. Greene, r. 
Ward 8, John G. Blodgett, r. 
Ward. 9, Emmett A. Nawn, r. and a. 
C. Murray Sawyer, d. and r. 
Danhury, Roy K. Sargent, r. 
Dumbarton, David M. Hadley, r. 
Epsovi, Ralph E. Towle, r. 
Franklin, 

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

Alcide LaBranche, d. 
Ward 3, Albert Ayotte. r. 

Peter P. Charland, d. 
Henniker, Diamond A. Maxwell, r. and d. 



Hill, George C. Mason, md. 
Hooksett, John E Beale, d. 

Edward M. DuDevoir, d. 
Hopkinton, Nathaniel F. Davis, r. and d. 
Loudon, Benjamin E. Smith, r. 
Newbury, Randolph H. Milligan, r. 
Neiv London, Seth A. Lamson, r. 
Northfield, Fred G. Wilman, r. and d. 
Pembroke, George R. Lea, d. 

Leo Gerard Payeur, d. 
Pittsfield, Eralsey C. Ferguson, r. 

E. Harold Young, r. and d. 
Salisbury, Not entitled. 
Sutton, John R. Powell, r. and d. 
Warner, John P. H. Chandler, Jr., r. 
Webster, Not entitled. 
Wilmot, Leon E. Sawyer, r. 



t Resigned. 



HILLSBOROUGH 
Amherst, Nelle L. Holmes, r. ' 

Antrim, F. Ewing Wilson, r. 
Bedford, Gillis French, r. and d. 
Bennincjton, Edward C. Black, r. and d. 
Brookline, Grover C. Farwell, d. 
Deering, Not entitled 
Francestown, Not entitled. 
Goffstown, A. Kenneth Hambleton, r. 
Alfred W. Poore, r. 
Austin H. Reed, r. 
Greenfield, Not entitled. 
Greenville, William H. Doonan, r. and d 
Hancock, Robert English, r. 
Hlll'iborough, R. Wayne Crosby, r. 

Walter C. Sterling, r. 
Hollis, Ann J. Goodwin, r. 
Hudson, Roland W. Abbott, r. 

Ned Spaulding, d. 
Litchfield, Not entitled. 
Lyndeborough, Erwin E. Cummings, r. 
Manchester, 

Ward 1, Marion B. Corliss, r. 

William J. Kennedy, Jr., r. 
James Pettigrew, r. 
Ward 2, Harry J. Danforth, r. 

Walter Clark Flanders, r. 
Joseph H. Geisel, r. and d. 
John Pillsbury, r. 



COUNTY 
Ward 3, Walter B Connor, d. 

Michael Joseph Dwyer, d. 

Louis Israel Martel, d. 

John J. Sweeney, d. 
Ward J{, William J. Fitzgerald, d. 

Dominick J. Kean, d. 

Thomas F. Nolan, d. 
Ward 5, Stanley J. Betley, d. 

Etta L. Ellis, d. 

Jeremiah B Healy, d. 

Alexander Kazakis, d. 

Gedeon P. Proulx. d. 

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

Edward J. Cavanaugh, d. 

Edward D Clancy, d. 

Joseph F. Ecker, d. 

Daniel J. Healy, d. 

John Zyla, d 
Ward 7, George E. Benoit. d. 

Francis W. Downey, d. 

Mark J Gorham,=^ d. 

Moise Z. Marcoux, d. 

Michael T. Sullivan, d. 
Ward 8, George N. Constant, d. 

Eugene H. Delisle, Sr., d. 

John Kane, d. 

Peter H. Roy, d. 



XIV 



The Legislature of 1951 



Hillsborough County — Continued 
Manchester, 
Ward 9, Fred Gary, d. 

Henry J. Gagnon, d. 
Ward 10. George S. Auger, d. 
Oscar E. Getz, Sr., d 
John J Kearns, d. 
Ward 11, Thomas Martin McCarthy, d. 
John M. Roche, d. 
Joseph J. Roukey, d. 
Ward 12, George E. Laflamme,=-^ d. 
Amelia Lareau, d. 
Louis J. Soucy, d. 
Leon J. Vaillancourt, d. 
Ward IS, Rolland L. Chapdelaine, d. 
Paul H. Daniel, d. 
Lorenzo P. Gauthier, d. 
Arthur E. Thibodeau, d. 
Ward IJ,, Michael J. Cannon, d. 
Michael S. Donnelly, d. 
Michael P. Wedick, d. 
Mason, Not entitled. 
Merrimack, Bert L. Peaslee, r. 
Milford, William M. Falconer, r. 

George F. Nelson, r. and d. 
Fred T. Wadleigh, r. 
Mont Vernon, Not entitled. 
Nashua, 

Ward 1, Mabel Thompson Cooper, r. 
Alice L. Ramsdell, r. 
George W. Underbill, r. 
Ward 2, George F. Boire, d. and r 
Clara M. Record, r. 



Ward 3, Agenor Belcourt, d. 

Wilbur D. Maynard, d. 
Ward %, Cornelius M. Brosnahan, d. 

George D. Spalding, d. 
Ward 5, Pierre F. Cote, d. 

Emile E. Marquis,* d. 
Albert Maynard, d. 
Ward 6, William Boisvert, d. 
John B. Dionne, d. 
Frank B. Shea, d. 
Ward 7, Arthur J. Chartrain, d. 
Adelard Dupont, d. 
Frank E. Ryan, d. 
Ward 8, Rodolphe Cormier, d. and r. 
Alfred P. Grandmaison, 

d. and r. 
Louis M. Janelle, d. 
Normand R. Pelletier, 

d. and r. 
Ward 9, Paul E. Bouthillier, d. 
Arthur A. Pelletier, d. 
New Boston, Edward F. Locke, r. 
New Ipswich, Willmore D. Ashley, r. 
Pelham, Andrew L. Mailloux, r. and d. 
Peterborough, Perkins Bass, r. 

Charles M. Cummings, r. 
Sharon, Not entitled. 
Temple, Not entitled. 
Weare, Chester W. French, r. and d. 
Wilton, David J. Barry, d. 
Windsor, James I. Hines, r. 



Died. 



CHESHIRE COUNTY 



Alstead, Nelson C. Burnham, r. and d. 
Chesterfield, Wakefield Dort, r. 
Dublin, Katharine Jackson, r. and d. 
Fitzwilliam, Pauline H. Miller, r. 
Gilsum, Walter L. Maloney, ind. 
Harrisville, Lawrence W. Rathbun, r. 
Hinsdale, Frank W. Walker, r. and d. 
Jaffrey, James B. Perry,* r. 
Carl C. Spofford, r. 
Keene, 

Ward 1, Milan Herbert Collins,* r. 

Howard W. Kirk, r. 

John H. O'Neil, r. 



Ward 2, Irene W. Landers, r 

Holland S. Wheeler, r. 
Ward 3, Frank J. Bennett, r. 
James M. Erwin, r. 
Ward Jf, Leroy E. Codding, r. and d. 

Gardner C. Turner, r. 
Ward 5, Laurence M. Pickett, d. 
Richard F. Walsh, d. 
Marlborough, Benjamin G. Hall,* r. 
Marlow, Not entitled. 
Nelson, Not entitled. 
Richmond, Not entitled. 
Rindge, Harry E. Sherwin, r. 



The Legislature of 1951 



Cheshire County — Continued 
Roxbury, Not entitled. 
Stoddard, Not entitled. 
Sullivan, Not entitled. 
Surry, Not entitled. 
Swanzey, Joseph Kershaw, r. and d. 

Harry A. Worcester, r. 
Troy, Franklin L. Lang, d. 



Walpole, John E. Aylward, r. and d. 

E. Everett Rhodes, Jr., r. and d. 
West7noreland, Oscar W. Billings, 

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

Alexander P. Thompson, r. 



Died. 



SULLIVAN 
Acworth, Glenn N. Bascom, r. 
Charlestown, Martha McD. Frizzell, 

r. and d. 
Claremont, 

Wa7-d 1, George W. Angus, r. and d. | 
Clara P. Brooks, r. ! 

Sydney B. Converse, r. and d. 
Ward 2, William F. Bissonnett, r. 
Julia A. Millar, r. 
Sam J. Nahil, r. and d. 
Ward 3, William P. Baron, d. 
Joseph D. Carton, d. 
Alfred J. Marcotte, d. 1 

Cornish, Burnham Carter, Sr., r. and d. [ 



COUNTY 

Croydon, Not entitled. 
Goshen, Not entitled. 
Grantham, Not entitled. 
Langdon, Not entitled. 
Lempster, Not entitled. 
Newport, Elsie C. Bailey, d. 

Edwin H. Perry, r. 

Jesse R. Rowell, r. 

Joseph D. Vaughan, r. 
Plainfield, Edward M. Pierce, d. 
Springfield, Not entitled. 
Sunapee, Clifford E. Gamsby, r. 
Unity, George S. Galium, r. and d. 
Washington, Not entitled 



GRAFTON 
Alexandria, Not entitled. 
Ashland, Hiram F. Gingras, r. 
Bath, Edwin P. Chamberlin, r. and d. 
Benton, Not entitled ! 

Bethlehem, James Elmer Harrington, r 
Bridgewater, Not entitled. 
Bristol, Bowdoin Plumer, r. 
Campion, Philip S. Willey, r. and d. 
Canaan, Frank B. Clarke, r. and d. 
Dorchester, Not entitled. 
Easton, Not entitled. 
Ellsworth, Chester A. Avery, r. 
Enfield, Thomas J. Lorden, r. and d. 
Franconia, J. Everett Grass, r. 
Grafton, Elsie F. Williams, r. and d. 
Groton, Not entitled. 
Hanover, Edith P. Atkins, r. 

Robert J. Fuller, r. 

Charles A. Holden, r. 
Haverhill, Theodore Chamberlin, r. 
Norman A. McMeekin, r. 
Finlay P. Sleeper, r. 



COUNTY 

Hebron, Not entitled. 

Holderness, John M. Crafts, r. and d. 

Landaff, Not entitled. 

Lebanon, Arthur F. Adams, r. 

Jerold M. Ashley, r. 

Forrest B. Cole, r. 

Lane Dwinell, r. 

Fred A. Jones, r. 

Harold G. Randall, r. 
Lincoln, Charles Giiffin, d. 
Lisbon, James E. Collins, r. 

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

Fred Kelley, r. and d. 

Eda C. Martin, r. 
Lyman, Not entitled. 
Lyme, Henry S. Pushee, r. 
Monroe, Howard W. Burrill, r. 
Orange, Not entitled. 
Orford, Harland C. Skinner, r. 
Piermont, Earl V. Howard, r. and ind. 



XVI 



The Legislature of 1951 



Grafton County — Continued 
Plymouth, Kenneth G. Bell, r. and d. 

Elmer E. Huckins, r. 
Rumney, Jesse A. Barney r. and d. 
Thornton, Ida M. Horner, r. 



Warren, Fayne E. Anderson, r. and d 
Watcrville, Sarah J. Woodward, r. 
Wentworth, Charles A Gilbert, d. 
Woodstock, Ida T. Sawyer, d. and r. 



COOS 
Berlin, 

Ward 1, Oliver A. Dussault, d. 
Edward F. Hinchey d. 
Henry M. Moffett, d. 
Lena M. Shields, d. and r. 
Ward 2, Romeo Desilets, d. and r. 
Harry L. Henderson, d. 
Frank H. Sheridan, d. and r. 
Ward 3, Hilda C. F. Brungot, r. 
Lawrence Morel, d. 
John S. Sullivan, d. 
Ward V/, Arthur A. Bouchard, d. 
Jennie Fontaine, d. 
Victor N. Laforce, d. 
Bernard J. Roy. d. 
Carroll, Oscar E. Rines, r. 
Clarksville, Not entitled. 
Colebrook, Curtis C. Cummings, r. 

Fred H. Gould, r. 
Columbia, Lovell V. Oakes, r. and d. 
Dalton, William O. Emerson, r. 



COUNTY 

Dummer, Not entitled. 
Errol, Not entitled. 
Gorhatn, James A. Eraser, d. 

Walter J. Malloy, d. and r. 
I Jefferson, Raymond G. Kimball, r. and d. 
I Lancaster, John B. Evans, r. and d. 
Arthur L. Simonds, r. 
Milan, Joseph W. Means, r. 
Millsfield, Not entitled. 
i Northumberland, 

Columbus Christopher, r. 
Isniond D. Ellingwood, r. 
Pittsburg, Merton L. Hilliard, r. 
i Randolph, Not entitled. 
Shelburne, Not entitled. 
I Stark, Not entitled. 
' Stewartstown, Ray W. Placy, r. and d. 
Stratford, Bert Stinson, d. 
Wentworth's Location, Not entitled. 
Whitefield, Ada C. Taylor, r. and d. 



SPECIAL SESSION 

APRIL 25 - MAY 18, 1950 



CHAPTER 1. 

AN ACT RELATIVE TO WATER POLLUTION. 

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

1. Water Pollution. Amend (a) of paragraph II, section 3, 
chapter 166-A, Revised Laws, as inserted by chapter 183, Laws 
of 1947, by striking out the same and inserting in place thereof 
the following: (a) Class B-1 waters shall have no objection- 
able physical characteristics, shall be near saturation for 
dissolved oxygen, and shall contain not more than two hundred 
forty coliform bacteria per one hundred milliliters. There shall 
be no disposal of sewage or industrial waste into said waters 
except those which have received adequate treatment to pre- 
vent the lowering of the physical, chemical or bacteriological 
characteristics below those given above, nor shall such dis- 
posal of sewage or waste be inimical to fish life or to the 
maintenance of fish life in said receiving waters. The waters of 
this classification shall be considered as being acceptable for 
bathing and other recreational purposes and, after adequate 
treatment, for use as water supplies. 

2. Temporary Permits Authorized. Amend paragraph III 
of section 7, chapter 166-A of the Revised Laws by striking out 
said paragraph and inserting in place thereof the following: 
III. In the interim between July 1, 1947 and the classification 
by the legislature of any surface water or section thereof, it 
shall be unlawful for any person, or persons, to dispose of any 
sewage or waste into any surface water in excess of the maxi- 
mum quantity, or of a different character, than that being dis- 



2 Chapter 2 [1950 

charged during the period of one year prior to July 1, 1947, 
without first obtaining written permission from the commis- 
sion. In instances where the commission has not determined 
a recommended classification in accordance with the pro- 
visions of section 5, it may grant temporary permission to so 
discharge pending a recommended classification under such 
terms and conditions as the commission may prescribe, and in 
case the commission has already determined a classification to 
so recommend it shall give permission if such sewage or waste 
will not lower the quality of water below the said determined 
classification. 

3. Takes Eflfect. This act shall take effect upon its 
passage. 
[Approved May 11, 1950.1 



CHAPTER 2. 

AN ACT RELATING TO HOUSING AUTHORITIES. 

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

1. Powers of Housing Authority. Amend paragraph III, 
of section 8, Part I of chapter 169 of the Revised Laws, as 
amended by section 3, chapter 286, Laws of 1947, by striking 
out said paragraph and inserting in place thereof the follow- 
ing: III. To arrange or contract for the furnishing by any 
person or agency, public or private, of services, privileges, 
works, or facilities for, or in connection with, a housing project 
or the occupants thereof; and (notwithstanding anything to 
the contrary contained in this chapter or in any other pro- 
visions of law) to agree to any conditions attached to federal 
financial assistance relating to the determination of prevailing 
salaries or wages or payment of not less than prevailing 
salaries or wages or compliance with labor standards, in the 
development or administration of projects, and to include in 
any contract awarded or entered into in connection with a 
project, stipulations requiring that the contractor and all sub- 
contractors comply with requirements as to minimum salaries 
or wages and maximum hours of labor, and comply with any 
conditions attached to the financial aid of the project. 



1950] Chapter 2 3 

2. Limitations. Amend section 10, Part I of chapter 169 
of the Revised Laws, as amended by section 3, chapter 286, 
Laws of 1947, by striking out said section and inserting* in 
place thereof the following: 10. Rentals and Tenant 
Selection. In the operation or management of housing 
projects an authority shall at all times observe the following 
duties with respect to rentals and tenant selection: (a) It 
may rent or lease the dwelling accommodations therein only to 
persons of low income and at rentals within the financial reach 
of such persons of low income; (b) it may rent or lease to a 
tenant dwelling accommodations consisting of the number of 
rooms (but no greater number) which it deems necessary to 
provide safe and sanitary accommodations to the proposed 
occupants thereof, without overcrowding; and (c) it shall not 
accept any person as a tenant in any housing project if the 
person or persons who would occupy the dwelling accommoda- 
tions have, at the time of admission, an aggregate annual net 
income, less an exemption of one hundred dollars for each 
minor member of the family other than the head of the family 
and his spouse, in excess of five times the annual rental of the 
quarters to be furnished such person or persons ; in computing 
the rental for this purpose of admitting tenants, there shall 
be included in the rental the average annual cost (as de- 
termined by the authority) to occupants of heat, water, 
electricity, gas, cooking fuel and other necessary services or 
facilities, whether or not the charge for such services and 
facilities is in fact included in the rental; provided, that an 
authority may agree to conditions as to tenant eligibility or 
preferences required by the federal government pursuant to 
federal law in any contract for financial assistance with the 
authority. 

Nothing contained in this or the preceding section shall be 
construed as limiting the power of an authority, with respect 
to a housing project, to vest in an obligee the right, in the 
event of a default by the authority, to take possession thereof 
or cause the appointment of a receiver thereof, free from all 
the restrictions imposed by this or the preceding section, 

3. Powers of Municipality. Amend paragraph X, section 
22, Part I, of chapter 169 of the Revised Laws, as amended by 
section 3, chapter 286, Laws of 1947, by striking out said para- 
graph and inserting in place thereof the following: X. Enter 



4 Chapter 2 [1950 

into agreements (which may extend over any period, not- 
withstanding any provision or rule of law to the contrary), 
with a housing authority respecting action to be taken by such 
municipality pursuant to any of the powers granted by this 
chapter. If at any time title to, or possession of, any project 
is held by any public body or governmental agency authorized 
by law to engage in the development or administration of low- 
rent housing or slum clearance projects, including any agency 
or instrumentality of the United States of America, the pro- 
visions of such agreements shall inure to the benefit of, and 
may be enforced by, such public body or governmental agency. 
Any law or statute to the contrary notwithstanding, any sale, 
conveyance, lease or agreement provided for in this section 
may be made by a municipality without appraisal, public 
notice, advertisement or public bidding. 

4. Federal Assistance. Amend section 30, Part I, chapter 
169, of the Revised Laws, as inserted by section 10, chapter 
169, Laws of 1947, by striking out said section and inserting 
in place thereof the following : 30. Veterans Preference. The 
families of servicemen and the families of veterans of World 
War II (other than those dishonorably discharged), and the 
families of servicemen who died in the service during World 
War II, shall be granted a preference as between applicants 
equally in need and eligible for occupancy of the dwelling at 
the rent involved for all dwellings constructed or operated pur- 
suant to the housing authorities law, and this preference shall 
continue until December 31, 1951 ; provided, that an authority 
may agree to conditions as to tenant eligibility or preference 
required by the federal government pursuant to federal law in 
any contract for financial assistance with the authority. 

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

[Approved May 16, 1950.] 



1950] Chapter 3 5 

CHAPTER 3. 

AN ACT PROVIDING FOR RECOUNT OF BALLOTS ON CERTAIN 
REFERENDUM QUESTIONS. 

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

1. Town Meetings. Amend chapter 34 of the Revised 
Laws by inserting after section 102 the following new sections : 
102-a. Application Fee. If any ten voters of a town shall, 
before the expiration of fifteen days from the date of an annual 
meeting, apply in writing to the town clerk for a recount of 
the ballots given in at said meeting on any question, affecting 
said town only, legally appearing on the official Australian or 
non-partisan ballot used at said meeting, said clerk shall 
appoint a time and place for the recount not earlier than seven 
days nor later than ten days after the receipt of said appli- 
cation. The applicants for such recount shall pay to the tow^n 
clerk, for the use of the town, a fee of ten dollars. 

102-b. Procedure. The recount shall be held at the time 
and place appointed and the ballots shall be recounted by the 
board of recount established by section 98. Upon the con- 
clusion of the recount the ballots shall be preserved as pro- 
vided in section 99. 

102-c. Declaration of Results. If in the case of a recount 
of votes as above provided it shall appear that the result of the 
vote on the question was other than as declared by the modera- 
tor, the board of recount shall declare the result found by it 
and shall, after five days from such declaration, if no appeal is 
taken to the superior court, certify such declaration to the 
town clerk and said declaration shall be final, unless the result 
is changed upon appeal to the superior court. 

2. Recount. Amend chapter 34 of the Revised Laws by in- 
serting after section 111 the following new sections: 111-a. 
Constitutional Amendments. The governor with the advice 
and consent of the council shall, when in their opinion the 
public interest shall require it, and prior to the issuance of the 
proclamation announcing the result of the vote, order the 
secretary of state to recount the ballots cast on any question 
which may be submitted to the voters of the state by a consti- 
tutional convention. The recount shall take place at the state 
house at such time as the secretary of state may appoint and 



6 Chapter 3 [1950 

under such rules of procedure as he shall determine. The secre- 
tary of state shall publish notice of the time and place of the 
recount once in a newspaper of general circulation throughout 
the state. 

111-b. County Referendum. The secretary of state shall 
recount the ballots cast on any question which may be sub- 
mitted to the voters of a county at a biennial election under the 
provisions hereinafter set forth. Application for such a re- 
count shall be by written petition signed by at least fifty legal 
voters of said county presented to the secretary of state with- 
in ten days after the biennial election. The recount shall take 
place at the state house at such time as the secretary of state 
may appoint and under such rules of procedure as he shall de- 
termine. The secretary of state shall publish notice of the time 
and place of the recount once in a paper of general circulation 
throughout the county. The fee for such a recount on a 
question voted on throughout a county shall be twenty-five 
dollars which shall be paid to the secretary of state by the per- 
son submitting the application. 

111-c. Declaration. If, in case of a recount of such votes, 
it shall appear that the result of the voting on said question is 
other than that declared upon a canvass of returns from the 
clerks of towns and wards the secretary of state shall declare 
the result found by him, which shall be final unless the result 
is changed upon appeal to the superior court. 

3. City Municipal Meeting. Amend chapter 34 of the Re- 
vised Laws by inserting after section 122, as inserted by 
chapter 22 of the Laws of 1943, the following new sections: 
123. Cities. If twenty-five legal voters of a city shall, 
before the expiration of fifteen days from the date of an 
annual or biennial municipal meeting, apply in writing to the 
city clerk for a recount of the ballots given in at said meet- 
ing on a question affecting said city only, the clerk shall 
appoint a time for the recount not earlier than seven days nor 
later than ten days after the receipt of said application. The 
applicants for such recount shall pay to the city clerk for the 
use of the city, a fee of twenty-five dollars. 

124. Procedure. At the time appointed the city council 
shall meet in convention and shall recount the ballots under 
such rules of procedure as they shall determine. 

125. Declaration. If, in case of a recount of such votes, 
it shall appear that the result of the voting on said question is 



1950] Chapter 3 7 

other than that declared upon a canvass of the votes by the 
city council after a municipal election, the city council shall 
declare the result found by it upon such recount and such dec- 
laration shall be final unless the result is changed upon appeal 
to the superior court. 

4. Application of Statutes. Nothing herein contained shall 
be deemed to affect the provisions of sections 44-47 inclusive, 
of chapter 170 of the Revised Laws, as amended, relative to re- 
count of votes cast upon questions as to the sale of liquor or 
beverages. 

5. Portsmouth ; Special Provision. The city council, which 
has in its custody the ballots cast in the city of Portsmouth at 
a municipal election held on November 8, 1949, is authorized 
to cause a recount of said ballots to be made under its super- 
vision, on the question propounded by authority of chapter 
292, Laws of 1949; and upon completion of said recount said 
council shall certify the result thereof to the city clerk of 
Portsmouth and the result of said recount on such question 
shall supersede the original count and be determinative of the 
adoption or non-adoption of chapter 292, Laws of 1949, in said 
city of Portsmouth. 

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

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

[Approved May 16, 1950.] 



8 Chapter 4 [1950 

CHAPTER 4. 

AN ACT RELATIVE TO RETIREMENT BENEFITS FOR OFFICIALS AND 
EMPLOYEES OF THE MAINE-NEW HAMPSHIRE INTERSTATE 

Bridge Authority. 

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

1. Interstate Bridge Authority. Amend chapter 201 of the 
Laws of 1945 by inserting- after section 2 the following new 
sections : 2-a. Retirement Benefits. The Maine-New Hamp- 
shire Interstate Bridge Authority may, by resolution legally 
adopted, in form approved by the board of trustees of the state 
employees' retirement system, elect to have its New Hamp- 
shire officers and employees become eligible to participate in 
the state employees' retirement system. After such election, 
said Authority shall be known as an employer for the purposes 
of this chapter and for the purposes of chapter 27-A of the 
Revised Laws as inserted by chapter 183 of the Laws of 1945. 
The board of trustees of the state employees' retirement 
system shall set a date when the participation of the officers 
and employees of said Authority shall become effective, and 
then such officers and employees may become members of the 
state employees' retirement system and participate therein. 

2-b. Membership Requirements. Membership in the state 
employees' retirement system shall be optional for the New 
Hampshire officers and employees of said Authority who are in 
its service on the date when participation becomes effective 
and any such officer or employee who elects to join said system 
shall be entitled to a prior service certificate covering such 
periods of previous service rendered to such Authority or the 
state for which the Authority is willing to make accrued 
liability contributions. Membership shall be compulsory for 
all New Hampshire employees entering the service of the 
Authority after the date participation becomes effective. 

2-c. Reports. The chief fiscal officer of the Authority 
shall submit to the board of trustees such information and 
shall cause to be performed, with respect to the New Hamp- 
shire employees of said Authority who are members of said 
retirement system, such duties as shall be prescribed by the 
board of trustees in order to carry out the provisions hereof. 



1950] Chapter 5 9 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 16, 1950.] 



CHAPTER 5. 



AN ACT PROVIDING FOR A REORGANIZATION OF THE STATE 
GOVERNMENT. 

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

1. Short Title. This act shall be known as the Reorgani- 
zation Act of 1950. 

Parti 
Removal of Governor as an ex officio Member of 
Certain Boards and Commissions 
1. Trustees. Amend section 2 of chapter 14 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 2. Appointment. The state sana- 
torium trustees shall be the persons designated for the terms 
specified in section 3 of part 21 hereof; there shall be a board 
of seven trustees for each of the other said four institutions, 
the appointed members of which shall serve without pay but 
shall be allowed their reasonable expenses. Six members of 
each of said boards shall be appointed by the governor and 
council for terms of six years; provided, however, that the 
present appointed members of the boards shall complete their 
respective terms. A new member shall be appointed forthwith 
to each of said boards for a term to expire June 30, 1955. 
Vacancies in said boards shall be filled by the governor and 
council for the unexpired terms. Any appointed member of 
said boards may be removed by the governor and council at any 
time for cause. Such member of the council as the governor 
may designate shall be an -ex officio member of each of said 
boards of trustees. The chairman of each board shall be one of 
the six appointed members and shall be designated by the gov- 
ernor and council. Services rendered by any member of the 
council in carrying out any of the provisions of this chapter 
shall be considered as the performance of his duties as 
councilor. 



10 Chapter 5 [1950 

2. Board of Health ; Membership. Amend section 2 of 
chapter 147 of the Revised Laws as inserted by section 1 of 
chapter 15 of the Laws of 1943 by striking out said section and 
inserting in place thereof the following: 2. State Board of 
Health. The state board of health shall consist of the attorney- 
general ex officio and six other members, three to be physicians, 
one a civil engineer, and two who shall be neither physicians 
nor civil engineers, appointed by the governor with the advice 
and consent of the council for a term of six years and until 
their successors are appointed and qualified. Vacancies shall be 
filled for the unexpired terms; provided, however, that the 
present members of the board shall complete their respective 
terms. A new member shall be appointed forthwith and his 
term shall expire January 30, 1956. It shall be the duty of the 
board to supervise the department that its duties may be 
effectuated, to make such rules and regulations and take action 
necessary or desirable to carry out the provisions of public 
health laws under its jurisdiction, to establish such divisions 
within the department as may be necessary for efficient ad- 
ministration and to appoint the heads of such divisions, except 
as otherwise specifically provided by statute. 

3. Cancer Commission. Amend section 1 of chapter 152 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 1. Commission. There shall 
be a state cancer commission consisting of six members, five to 
be appointed by the governor with the advice of the council, 
one of whom shall be a physician experienced in cancer treat- 
ment, another a member of the state board of health, another 
a member of the New Hampshire Medical Society, and two to 
be non-medical; the state health oflficer shall be a member, 
ex officio, but shall have no vote. Members of the commission 
shall serve without compensation but shall receive their neces- 
sary expenses while in the performance of their duties; pro- 
vided, however, that the present members of the cancer com- 
mission shall continue as members of the commission. 

4. Commission; Organization. Amend chapter 152 of 
the Revised Laws by striking out section 5 and inserting in 
place thereof the following: 5. Organization. The commis- 
sion shall elect one of their number to be chairman and one of 
their number to be secretary. 



1950] Chapter 5 11 

Part 2 
Transfer of Certain Functions of the Governor and Council 

1. Transfer by Comptroller. Amend chapter 22 of the 
Revised Laws by inserting after section 28 the following new 
section: 28-a. Transfer of Appropriations; Comptroller. 
The governor and council may authorize the comptroller to 
make such transfers of appropriation items and changes in 
allocation of funds available for operational purposes within 
any division or functional unit of a department or institution 
as may be necessary or desirable to best carry out the purpose 
of such division or functional unit of such department or in- 
stitution. 

2. Secretary of State; Assistants. Amend section 14 of 
chapter 21 of the Revised Laws by striking out said section and 
inserting in place thereof the following: 14. Clerks and 
Assistants. Subject to the state personnel regulations, and 
within the limits of available appropriations and funds, the 
secretary of state may employ a chief clerk and such other 
clerks and assistants as may be necessary. 

3. Treasurer; Assistance. Amend section 4 of chapter 22 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 4. Assistants. Subject to 
the state personnel regulations, and within the limits of avail- 
able appropriations and funds, he may employ such clerical 
assistance as may be necessary. 

4. Attorney-General; Clerical Force. Amend section 12 
of chapter 24 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 12. Clerical 
Force. Subject to the state personnel regulations, and within 
the limits of available appropriations and funds, he may em- 
ploy a law clerk and such clerical and stenographic assistants 
as may be necessary. 

Travel 

5. Travel. Amend chapter 22 of the Revised Laws by 
striking out section 37 and inserting in place thereof the 
following: 37. Exception. The provisions of the preceding 
section shall not apply to expenses for trips incident to the 
regular conduct of state business when undertaken by only 
one person within a department, and provided such trips are 
within the department's available appropriations and funds. 



12 Chapter 5 [1950 

Parts 
Administrative Assistant to the Governor 

1. Assistant. Amend chapter 27 of the Revised Laws by 
inserting after section 47 the following new section: 47-a. 
Administrative Assistant. The governor may employ an ad- 
ministrative assistant who shall serve at his pleasure, shall 
receive such compensation as the legislature may appropriate, 
and shall render such services as the governor may require of 
him. 

2. Appropriation. The sum of six thousand dollars is 
hereby appropriated for the fiscal year ending June 30, 1951, 
for the purposes of this part. 

3. Governor's Salary. Amend section 45 of chapter 27 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 45. Governor's Salary. The 
annual salary of the governor shall be ten thousand dollars. 

4. Effective Date; Appropriation. The provisions of 
section 3 of this part shall not be effective until January 3, 
1951. The sum of two thousand dollars is hereby appropriated 
for the fiscal year ending June 30, 1951 for the purpose of the 
additional salary of the governor provided herein. 

Part 4 
Department of State 

1. Department Established. Amend section 1 of chapter 
21 of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 1. Department; Election; 
Bond. There is hereby established a department of state 
under the executive direction of the secretary of state. The 
secretary of state shall be chosen biennially in the manner 
directed in the constitution. The penal sum of his bond shall 
be ten thousand dollars, and the sureties upon it must be 
satisfactory to the governor and council. 

2. Transfer of Commissions and Boards. Amend said 
chapter 21, as amended by section 13, chapter 265, Laws of 
1949, by inserting after section 18 the following new sections : 
19. Transfer. The ballot law commission, as provided in 
chapter 34-A of the Revised Laws, as inserted by chapter 211 
of the Laws of 1947, the athletic commission, as provided in 



1950] Chapter 5 13 

chapter 172 of the Revised Laws, as amended, the board of 
accountancy, as provided in chapter 320 of the Revised Laws, 
the board of registration for architects, as provided in chapter 
197 of the Laws of 1947, the board of chiropractic examiners, 
as provided in chapter 252 of the Revised Laws, as amended, 
the board of registration for professional engineers, as provided 
in chapter 170 of the Laws of 1945, and the board of registra- 
tion in optometry, as provided in chapter 253 of the Revised 
Laws, as amended, are continued but are hereby transferred 
to the department of state, and each shall function within said 
department as a separate organizational entity, as heretofore 
constituted, and with all the powers and duties as here- 
tofore provided, except as otherwise specified herein. 20. 
Regulations Available. The secretary of state shall have avail- 
able the rules and regulations affecting the issuance of licenses 
or certificates of registration by each professional or trade 
licensing or registering board or commission enumerated in the 
preceding section ; he shall require from the secretary of each 
of said boards or commissions such information as will enable 
him to carry out the purposes hereof. 21. Uniform Records. 
So far as practicable, and after consultation with the pro- 
fessional and trade licensing and registering boards and com- 
missions within the department of state, the secretary of state 
shall prescribe uniform procedures for all secretarial and 
recording activities of said boards and commissions. 

3. Athletic Commission. Amend chapter 172 of the Re- 
vised Laws, as amended, by inserting after section 16 the 
following new section: 16-a. Report. The chairman-secre- 
tary shall file with the secretary of state, in such form and at 
such times as the secretary of state may prescribe, such in- 
formation as is necessary to maintain in the department of 
state a current record of rules and regulations of the athletic 
commission affecting the issuance of licenses. 

4. Board of Accountancy. Amend chapter 320 of the 
Revised Laws by inserting after section 12 the following new 
section: 12-a. Report. The secretary-treasurer shall file 
with the secretary of state, in such form and at such times as 
the secretary of state may prescribe, such information as is 
necessary to maintain in the department of state a current 
record of rules and regulations of the board of accountancy 
affecting the issuance of licenses. 



14 Chapter 5 [1950 

5. Board of Registration for Architects. Amend chap- 
ter 197 of the Laws of 1947 by inserting after section 9 the 
following new section: 9-a. Form of Report. Said biennial 
report shall be in such form as may be prescribed by the secre- 
tary of state. 

6. Board of Chiropractic Examiners. Amend chapter 252 
of the Revised Laws, as amended, by inserting after section 7 
the following new section: 7-a. Report. The secretary- 
treasurer shall file with the secretary of state, in such form and 
at such times as the secretary of state may prescribe, such in- 
formation as is necessary to maintain in the department of 
state a current record of rules and regulations of the board of 
chiropractic examiners affecting the issuance of licenses. 

'7. Repeal. Section 5 of chapter 252 of the Revised Laws 
is hereby repealed. 

8. Board of Registration of Engineers. Amend chapter 
170 of the Laws of 1945 by inserting after section 9 the 
following new section : 9-a. Form of Report. Said biennial 
report shall be in such form as may be prescribed by the secre- 
tary of state. 

9. Board of Registration in Optometry. Amend chapter 
253 of the Revised Laws, as amended, by inserting after 
section 31 the following new section: 32. Report; Secretary 

of State. The secretary shall file with the secretary of state, 
in such form and at such times as the secretary of state may 
prescribe, such information as is necessary to maintain in the 
department of state a current record of rules and regulations 
of the board of registration in optometry affecting the issuance 
of licenses. 



Parts 

Attorney- General 

1. Transfer. Amend chapter 24 of the Revised Laws by 
inserting after section 11 the following new section: 11-a. 
Attorneys Transferred. Upon request of the attorney-general 
the governor is hereby authorized to transfer any employee 
authorized to do legal work, and all unexpended appropriations 
and funds allocated for the payment of such employee's salary, 
from any department or agency of the state to the office of 



1950] Chapter 5 15 

attorney-general whenever such action is deemed by the gov- 
ernor to be in the best interest of the state. Any such em- 
ployee so transferred or employed by the expenditure of such 
funds and appropriations shall be directly responsible to the 
attorney-general and shall perform such services as the 
attorney-general may direct. 

2. Appointment. Amend the subdivision of chapter 24 
of the Revised Laws entitled "The Assistant Attorney- 
General," being sections 14, 15, 16 and 17, as amended, by 
striking out said subdivision and inserting in place thereof 
the following: 

Deputy and Assistant Attorneys-General 

14. Deputy Attorney-General; Appointment. The 

governor and council shall nominate and appoint a deputy 
attorney-general in the same manner provided by the consti- 
tution for the appointment of the attorney-general. He shall 
hold office for the term of five years. Any vacancy shall be 
filled for the unexpired term. He may be removed only in the 
manner provided by section 48 of chapter 27 of the Revised 
Laws as inserted by chapter 231 of the Laws of 1947, as 
amended herein. 

15. Assistant Attorneys-General. The attorney- 
general, subject to the approval of the governor and council, 
shall appoint three assistant attorneys-general, each of whom 
shall hold office for a term of five years. Any vacancy in such 
office shall be filled for the unexpired term. An assistant 
attorney-general may be removed only as provided by section 
48, chapter 27, Revised Laws, as inserted by chapter 231 of the 
Laws of 1947, as amended herein. 

16. Duties. The attorney-general shall direct the 
work of his department but may assign such of his duties to 
the deputy and assistant attorneys-general as he may deem 
advisable and in the interest of the public welfare. 

17. Deputy Attorney-General. The deputy attorney- 
general shall act as attorney-general whenever the latter is 
absent or unable to act from any cause, provided he shall not 
so act when the governer and council have appointed an act- 
ing attorney-general in accordance with the provisions of 
section 13. 



16 Chapter 5 [1950 

3. Present Officials. The assistant attorney-general, in 
office at the date of the passage of this act, shall forthwith be 
appointed by the governor and council as deputy attorney- 
general for a term which shall expire June 16, 1953. 

4. Salaries; Longevity; Qualifications. Further amend 
said chapter 24 by striking out section 4 and inserting in place 
thereof the following : 4. Salaries; Expenses; Offices. Not- 
withstanding the provisions of chapter 250 of the Laws of 
1947, as amended, the annual salary of the attorney-general 
shall be a minimum of eight thousand five hundred dollars and 
a maximum of nine thousand dollars, that of the deputy 
attorney-general shall be a minimum of seven thousand dollars 
and a maximum of seven thousand five hundred dollars, that 
of each assistant attorney-general shall be a minimum of six 
thousand dollars and a maximum of six thousand five hundred 
dollars. Upon appointment, each of the foregoing officers shall 
be entitled to the minimum salary herein set forth. Each year 
thereafter each of said officers shall be entitled to an increase 
of one hundred dollars for each year, but in no case shall the 
total salary exceed the maximum herein established. Their 
offices shall be in Concord and each shall have been admitted 
to the practice of law in New Hampshire. 

5. Appropriation. The sum of twenty-two thousand one 
hundred dollars is hereby appropriated for the fiscal year end- 
ing June 30, 1951, for the purpose of providing funds for the 
additional salaries for the office of the attorney-general, as 
hereinbefore provided. 

Commission on Uniform State Lafws 

6. Membership. Amend the Revised Laws by striking 
out chapter 7-A as inserted by chapter 100 of the Laws of 
1947, and inserting in place thereof the following new chapter : 

Chapter 7-A 
Commission to Study Uniform State Laws 

1. Commission Created. There shall be a commission 
to study uniform state laws consisting of two members of the 
New Hampshire bar appointed biennially by the governor with 
the consent of the council for terms of four years, and the 
attorney-general, ex officio; provided, however, that the present 
attorney members of the commission on uniform state laws 



1950] Chapter 5 17 

shall be members of the commission created hereunder until 
the expiration of the terms for which they were appointed to 
the commission on uniform state laws. 

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

3. Compensation. Said appointive commissioners shall 
serve without compensation but shall be reimbursed for ex- 
penses incurred while engaged in their official duties, in attend- 
ing the national conference and in making the biennial report. 

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

7. Commission Abolished. The commission on uniform 
state laws established by chapter 100 of the Laws of 1947 is 
hereby abolished and all records and papers of said commission 
shall be forthwith turned over to the attorney-general. 

Commission on Interstate Co-operation 

8. Duties of Attorney-General. Amend chapter 145 of 
the Laws of 1935 by striking out section 2, as amended by 
chapter 35 of the Laws of 1949, and inserting in place thereof 
the following: 2. Membership. The said commission shall 
be composed of fifteen members, fourteen of whom shall be 
appointed as follows: five members of the senate, to be 
appointed by the president of the senate, five members of the 



18 Chapter 5 [1950 

house of representatives, to be appointed by the speaker of the 
house, and four officials of the state, to be appointed by the 
governor. The attorney-general shall serve as an ex officio 
member in the capacity of chairman of the commission. A 
record of the proceedings of the commission shall be kept in 
the office of the attorney-general. 

9. Terms. Further amend said chapter by striking out 
section 3, as amended by section 2 of chapter 35 of the Laws of 
1949, 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 and four years re- 
spectively and until their successors are appointed and qualified 
or until their term of office as a state official shall expire, which- 
ever is earlier, and future appointments shall be made for a 
four-year term as the terms of the members expire; provided, 
however, that the present members shall remain in office sub- 
ject to all the provisions hereof. In case of vacancies, appoint- 
ments shall be made for the unexpired term. 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 thir suc- 
cessors are appointed. 

10. Transmittal. The secretary of state shall forthwith 
send a copy of this subdivision to the governor and secretary of 
state of each state which participates in the council of State 
Governments. 

Part 6 

Administration and Control 

1. Department. Amend the Revised Laws by inserting 
after chapter 23 the following new chapter: 

Chapter 23-A 

Department of Administration and Control 

1. Department Established. The offices of comptroller, 
as provided in chapter 23 of the Revised Laws, as amended, 
purchasing agent, as provided in chapter 14-A of the Revised 
Laws, as inserted by chapter 21 of the Laws of 1943, as 
amended, and the superintendent of buildings and grounds, as 



1950] Chapter 5 19 

provided in chapter 12 of the Revised Laws, and their re- 
spective functions, powers and duties are hereby consolidated 
and transferred to and shall constitute a department of ad- 
ministration and control, under executive direction of the 
comptroller; said department shall consist of a division of 
budget and control, a division of accounts, and a division of 
purchase and property. 

2. Comptroller. The governor, with the advice and 
consent of the council, shall appoint a comptroller who shall 
hold office for a term of six years from the date of his appoint- 
ment and until his successor is appointed and qualified, and 
any vacancy in such office shall be filled for the unexpired term ; 
provided, however, that the comptroller heretofore appointed 
shall continue as comptroller for the remainder of his present 
term, and subject to all the provisions hereof. 

3. Removal. The governor and council may remove 
the comptroller only as provided in section 48 of chapter 27 
of the Revised Laws as inserted by chapter 231, Laws of 1947, 
as amended herein. 

4. Salary. The annual salary of the comptroller shall 
be as provided in chapter 250 of the Laws of 1947. 

5. Powers and Duties. The comptroller shall : 

L Be the executive officer of the department of 
administration and control, and administer its affairs, subject 
to the provisions hereof; 

IL Organize the work of the department and appoint 
directors, as hereafter provided, and employees of the depart- 
ment except divisional employees in accordance with state per- 
sonnel regulations, and within the limits of available appro- 
priations and funds ; 

IIL Direct and supervise the various divisions of the 
department ; 

IV. Furnish to any committee of either house of the 
legislature having jurisdiction over revenue or appropriations 
such aid and information regarding the financial affairs of the 
state as it may request ; 

V. When so authorized by the governor and council, 
make such transfers of appropriation items within any 
division or functional unit, as may be necessary or desirable to 
best carry out the purpose of such division or functional unit ; 



20 Chapter 5 [1950 

VI. Discharge such other responsibilities as may be 
imposed upon him by law. 

Division of Budget and Control 

6. Budget. There shall be a division of budget and 
control under the executive direction of a director of budget 
and control. The comptroller shall act as said director. 

7. Duties. The director of budget and control shall : 

I. Organize the work of the division and appoint em- 
ployees of the division in accordance with state personnel 
regulations, and within the limits of available appropriations 
and funds; 

II. Conduct a continuous study of the financial 
operation, needs and resources of the state ; 

III. Install and operate a system of governmental 
cost accounting ; 

IV. Formulate the budget plan and assist the gover- 
nor in the preparation of a tentative budget, and the budget 
document, as provided in chapter 23 of the Revised Laws, as 
amended ; 

V. Recommend to the governor and council appro- 
priate quarterly allotments, for each department or agency of 
the state, for the proper operation of the budget, upon the basis 
of which expenditure warrants might be issued by the gover- 
nor and council ; 

VI. Review and report to the governor and council 
on the operation of the budget plan; 

VII. Cooperate with the department of public works 
in long range capital planning to meet the needs of the state 
as may be requested by the governor and council, and subject 
to their approval. 

Division of Accounts 

8. Accounts. There shall be a division of accounts 
under the executive direction of a director of accounts. 

9. Director. The comptroller, subject to the approval 
of the governor and council, shall appoint a director of 
accounts, who shall be a certified public accountant and who 
shall hold office during good behavior. 



1950] Chapter 5 21 

10. Removal. The governor and council may remove 
the dh'ector of accounts only as provided in section 48 of 
chapter 27 of the Revised Laws, as inserted by chapter 231 of 
the Laws of 1947, as amended herein. 

11. Salary. The annual salary of the director of 
accounts shall be a minimum of five thousand dollars, and a 
maximum of five thousand five hundred dollars. 

12. Duties. Subject to the direction and supervision 
of the comptroller, the director of accounts shall: 

L Organize the work of the division and appoint 
employees of the division in accordance with state personnel 
regulations, and within the limits of available appropriations 
and funds ; 

IL Prescribe a uniform system of accounts and re- 
ports of financial transactions for all departments and agencies 
of the state, other than those of the legislative branch, and 
supervise their maintenance; and he shall also prescribe 
accounting methods in accordance with which all agents and 
agencies of the state shall receive money for the state from 
sources outside the state treasury, and account therefor; and 
he shall establish such controls and make such rules and 
regulations as will provide an accurate record of all funds so 
received and covered into the treasury. 

IIL Install and maintain a system of central state 
accounting records ; 

IV. Maintain a system of encumbrance accounting to 
control expenditures and commitments within budget appro- 
priations ; 

V. Review all state contracts for budget control and 
for substantive protection of public interests ; 

VI. Subject to the approval of the governor and 
council, establish a manual of uniform rules and regulations 
providing for manifesting and accounting procedures appli- 
cable to all state departments, institutions and agencies and 
controlling the capital budget and all other items. Such rules 
and regulations shall be revised from time to time and when 
issued and approved shall be binding upon all officers and em- 
ployees of the state ; 

VII. Pre-audit and certify for payment all claims 
against the state to be presented to the governor and council 



22 Chapter 5 [1950 

for the issuance of warrants ; before such certification for pay- 
ment the director of accounts shall require documentary 
evidence of the debt in a form sufficient to show that the agency 
or individuals responsible for contracting the debt (a) had the 
authority for so doing, (b) had knowledge of the amounts due, 
except that payments for payroll may be certified for one pay- 
roll period in advance, (c) possessed the authority for the 
approval of the invoice, and (d) in regard to payments for 
capital improvements had knowledge of the work actually com- 
pleted ; 

VIIL Control all payments of moneys into the 
treasury ; 

IX. Control all payments from the treasury by the 
preparation of appropriate warrants for the governor and 
council, authorizing and directing such payments ; 

X. Post-audit all state revenue receipts ; 

XI. Audit the accounts of the treasurer; said audit 
shall include, but shall in no way be limited to, a post-audit of 
expenditures under the capital budget; 

XII. Make appropriate departmental and agency 
budget adjustments when supplies or equipment are trans- 
ferred between departments and agencies ; 

XIII. Make appropriate departmental and agency 
budget adjustments for services performed by the department 
of public works ; 

XIV. Perform such other duties as the comptroller 
may require of him. 

Division of Purchase and Property 

13. Purchase and Property. There shall be a division 
of purchase and property under the executive direction of a 
director of purchase and property. 

14. Director of Purchase and Property. The comp- 
troller, subject to the approval of the governor and council, 
shall appoint a director of purchase and property who shall be 
experienced in the field of purchasing, and who shall hold office 
during good behavior; provided, however, that the purchasing 
agent heretofore appointed shall continue as director of pur- 
chase and property, subject to all the provisions hereof. 



1950] Chapter 5 23 

15. Removal. The g-overnor and council may remove 
the director of purchase and property only as provided in 
section 48 of chapter 27 of the Revised Laws, as inserted by 
chapter 231 of the Laws of 1947, as hereinafter amended. 

16. Salary. The annual salary of the director of pur- 
chase and property shall be as provided in chapter 250 of the 
Laws of 1947, for the purchasing agent. 

17. Duties. Subject to the direction and supervision 
of the comptroller, the director of purchase and property shall : 

L Organize the work of the division and appoint em- 
ployees of the division in accordance with state personnel 
regulations, and within the limits of available appropriations 
and funds ; 

IL Purchase all materials, equipment and supplies 
for all departments and agencies of the state, except as other- 
wise specifically provided by law ; 

in. Formulate and make available to interested per- 
sons rules and regulations for the administration of the 
division, including procedure for the conduct of competitive 
bidding; subject, however, to the provisions of chapter 227 of 
the Laws of 1949; 

IV. In consultation with using departments and 
agencies, and using available federal, state and accepted trade 
standards, develop standard specifications for items regularly 
purchased ; 

V. Inspect and test deliveries for compliance with 
purchase orders ; 

VI. Maintain and operate such central storage 
facilities as may be practical ; 

VII. Have custody of all state-owned real and per- 
sonal property not specifically charged to some other depart- 
ment; 

VIII. Charge property and equipment to the using 
departments, as he shall deem advisable, and expressly specify 
the responsibility for maintenance of the same ; 

IX. After consultation with the board of approval 
as established by section 7 of part 24 hereof, purchase liability 
insurance under a fleet policy covering the operation of state- 
owned vehicles, and such other insurance and surety bonds as 



24 Chaptek 5 [1950 

any state department, agency or official may now or hereafter 
be legally authorized to secure, or required to furnish ; 

X. Discharge such other responsibilities as may be 
imposed upon him or upon the purchasing agent by law ; 

XL Install and maintain perpetual inventory records 
of plant and equipment; 

XII. Transfer unused supplies and equipment from 
one department or agency to another where needed, and de- 
termine the value thereof; 

XIII. Perform such other duties as the comptroller 
may require of him. 

Business and Farm Supervisors 

18. Business Supervisor of Institutions. Subject to 
the approval of the governor and council, and after consulta- 
tion with the chairman of the governing board of each insti- 
tution within the department of hospitals and the department 
of corrections, the comptroller shall appoint a business super- 
visor of said institutions, who shall be familiar with insti- 
tutional business practices and procedures, and who shall hold 
office during good behavior. 

19. Removal. The business supervisor may be re- 
moved by the comptroller, subject to approval by the governor 
and council. 

20. Salary. The annual salary of the business super- 
visor shall be five thousand dollars minimum, five thousand five 
hundred dollars maximum ; the business supervisor shall start 
at the minimum salary and each year thereafter shall be en- 
titled to an increase of one hundred dollars, but in no case shall 
the total salary exceed the maximum established in this section. 

21. Duties. Subject to the direction and supervision 
of the comptroller, the business supervisor shall: (1) advise 
with the respective superintendents and trustees of institutions 
in relation to establishment, supervision, and maintenance of 
uniform and efficient business records, business practices, and 
business management at each of the institutions within the 
department of hospitals and department of corrections; (2) 
advise with the respective superintendents and trustees of in- 
stitutions in relation to all business problems of said insti- 



1950] Chapter 5 . 25 

tutions; (3) perform such other duties as the comptroller may 
require of him. 

22. Farm Supervisor. Subject to the approval of the 
governor and council, and after consultation with the commis- 
sioner of agriculture and the agricultural advisory board, the 
business supervisor shall appoint a farm supervisor, who shall 
be experienced in farm management, and who shall hold office 
during good behavior. 

23. Removal. The farm supervisor may be removed 
by the business supervisor, subject to approval by the gover- 
nor and council. 

24. Salary. The annual salary of the farm supervisor 
shall be four thousand five hundred dollars minimum, five thou- 
sand dollars maximum ; the farm supervisor shall start at the 
minimum salary and each year thereafter shall be entitled to 
an increase of one hundred dollars, but in no case shall the 
total salary exceed the maximum established in this section. 

25. Duties. Subject to the direction and supervision 
of the business supervisor and subject to the therapeutic and 
rehabilitative needs of the patients of the respective insti- 
tutions, as determined by the sole discretion and judgment of 
the respective executive heads and boards of trustees of said 
institutions, the farm supervisor shall: (1) advise with the 
respective superintendents and trustees of institutions in re- 
lation to establishment, supervision, and maintenance of uni- 
form and efficient farm records, farm practices and farm 
management at each of the institution farms within the de- 
partment of hospitals and department of corrections, and in 
relation to all farm problems of said institutions; (2) perform 
all such other duties as the business supervisor may require of 
him. 

2. Repeal. Section 13 of chapter 23 of the Revised Laws, 
as amended by section 5 of chapter 39 of the Laws of 1943; 
section 14 of chapter 23 of the Revised Laws, as amended by 
chapter 77 of the Laws of 1943, and sections 1, 2 and 3 of 
chapter 14-A of the Revised Laws, as inserted by chapter 21 
of the Laws of 1943, are hereby repealed, and all other acts 
and parts of acts inconsistent herewith, are repealed to the 
extent of such inconsistency. 



26 . Chapter 5 [1950 

Part? 

Superintendent of Buildings and Grounds; Transfer and 

Abolition 

1. Custody of State Property. The functions of the gov- 
ernor and council as custodians of the state house, state house 
annex, state library, and grounds connected with each, as pro- 
vided in section 1 of chapter 12 of the Revised Laws are hereby 
transferred to the division of purchase and property. 

2. Transfer. All the functions, powers, duties, records, 
property and personnel of the superintendent of state build- 
ings and grounds as provided in sections 5, 7, 8, 9, 10, 11 of 
chapter 12 of the Revised Laws, and as otherwise provided, 
insofar as any of them apply to, or are used in connection with, 
the property enumerated in section 1 are hereby transferred 
to the division of purchase and property. 

3. Transfer of Unexpended Appropriation. All un- 
expended funds and appropriations for the use of the super- 
intendent of state buildings and grounds allocated to be used 
in connection with the property enumerated in section 1, for 
the fiscal year ending June 30, 1951, are hereby transferred to 
the division of purchase and property, to be used only for the 
purposes for which they could have been legally used hereto- 
fore. 

4. Abolition of Superintendent. The office of superin- 
tendent of state buildings and grounds, as provided in section 2 
of chapter 12 of the Revised Laws, and the positions of assist- 
ant superintendent and assistants, as provided in section 6 of 
chapter 12 of the Revised Laws, are hereby abolished. 

5. Rooms. Amend section 12 of chapter 12 of the Re- 
vised Laws by striking out all after the word "departments" 
in the second line thereof, so that said section as amended 
shall read as follows: 12. Assignment of Rooms. The gov- 
ernor and council shall assign rooms to the different depart- 
ments. 

6. Repeal. Sections 2, 3, and 4 of chapter 12 of the Re- 
vised Laws, and the requirement of approval by governor and 
council in sections 7 and 10 of said chapter, are hereby re- 
pealed, and all other acts or parts of acts inconsistent herewith 
are repealed to the extent of such inconsistencies. 



1950] Chapter 5 27 

Part 8 
Tax Commission 

1. Secretary. Amend section 7 of chapter 82 of the Re- 
vised Laws by striking- out said section and inserting in place 
thereof the following : 7. Duties of Secretary. The secretary 
or the chief clerk shall be in attendance at the office of the 
commission during regular office hours daily. Under the 
direction and advice of the tax commission, the secretary shall 
be charged with the administrative functions of the commis- 
sion and its divisions. Subject to its approval he may delegate 
such duties to the directors of the several divisions as shall 
in the discretion of the commission appear to be desirable and 
practicable. 

2. Space. Amend section 8 of chapter 82 of the Revised 
Laws by inserting after the words "in the state house" the 
words, or in the annex, so that said section shall read as 
follows: 8. Office. The commission shall be provided with 
an office in the state house, or in the annex, in which its rec- 
ords, documents and books shall be kept. 

3. Personnel. Amend section 10 of chapter 82 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 10. Assistants. They may appoint 
such assistants as may be necessary subject to the state per- 
sonnel regulations, and within the limits of available appro- 
priations and funds. 

Division of Tobacco Products 

4. Division Established ; Director. Amend chapter 79 of 
the Revised Laws by inserting after section 17, as amended, 
the following new section : 17-a. Division of Tobacco Products. 

There shall be within the tax commission a division of tobacco 
products. The commission shall appoint a director and such 
other assistants as may be necessary subject to state per- 
sonnel regulations, and within the limits of available appro- 
priations and funds. Before entering- upon his duties the 
director shall execute and file with the secretary of state a 
bond to the state in such amount and with such sureties as may 
be deemed sufficient by the board of approval in the same 
manner as bonds for state officials. 



28 Chapter 5 [1950 

5. Administration of Tax. Further amend said chapter 
79 by striking out section 18 and inserting in place thereof 
the following: 18. Administration of Chapter. The ad- 
ministration of this chapter and all duties assigned hereunder 
to the tax commission may be performed by the director of 
the division of tobacco products subject to the supervision of 
the commission and to that end, he shall prescribe all necessary 
forms and rules and regulations not inconsistent with this 
chapter to carry into effect the provisions hereof. Subject to 
the approval of the commission, the director may use the 
powers vested in it by chapter 82 relating to the attendance of 
witnesses and the conduct of investigations, in the administra- 
tion of this chapter. 

Division of Interest and Dividends 

6. Division Established; Director. Amend chapter 78 of 
the Revised Laws by striking out section 31 and inserting in 
place thereof the following: 31. Division of Interest and 
Dividends. There shall be within the tax commission a 
division of interest and dividends. The commission shall 
appoint a director and such other assistants as may be neces- 
sary subject to state personnel regulations, and within the 
limits of available appropriations and funds. Before entering 
upon his duties the director shall execute and file with the 
secretary of state a bond to the state in such amount and with 
such sureties as may be deemed sufficient by the board of 
approval in the same manner as bonds for state officials. Sub- 
ject to the approval of the governor and council, the division 
may incur necessary expenses in the administration of this 
chapter and the governor is hereby authorized to draw his 
warrant therefor. 

Transfer of Collection of Income Taxes 

7. Transfer. All the functions, powers and duties of the 
state treasurer which relate to the collection of taxes on in- 
terest and dividends as provided by chapter 78 of the Revised 
Laws and as otherwise provided are hereby transferred to the 
state tax commission, and all the records and property of the 
state treasurer relating to said taxes are hereby transferred 
to the division of interest and dividends. The governor, after 
consultation with the state treasurer and the tax commission, 



1950] Chapter 5 29 

may transfer such personnel from the office of the state treas- 
urer to the division of interest and dividends as the governor 
may deem in the best interest of the state and necessary to 
carry out the purposes hereof. 

8. Appropriations. All unexpended appropriations and 
funds made available to the state treasurer for personal 
services and other expenses relating to the collection of taxes 
on interest and dividends are hereby transferred to the state 
tax commission to be used only for the purposes for which 
they could have been legally used heretofore. 

9. Treasurer's Authority. Further amend said chapter 
78 by striking out section 19 and inserting in place thereof the 
following: 19. Inspection. Returns shall not be open to the 
inspection of any person except the commission and their 
deputies, assistants and clerks when acting under their author- 
ity; provided, that a properly authorized representative of the 
federal internal revenue bureau may inspect such returns if 
reciprocal inspection of New Hampshire returns in that 
bureau is permitted to the tax commission or their repre- 
sentatives. 

10. Administration of Tax. Further amend said chapter 
78 by striking out section 22 and inserting in place thereof the 
following: 22. Administration. The administration of this 
chapter and all powers, duties, and functions assigned here- 
under to the tax commission except the power to abate as con- 
ferred upon the commission by sections 26, 27 and 33, may be 
performed by the director of the division of interest and 
dividends subject to the supervision of the state tax commis- 
sion except as otherwise hereinafter specifically provided, and 
subject to its approval he shall have the power to require the 
production of books, affidavits, papers and documents of all 
kinds and the appearance of any person, in the state, to de- 
termine the amount of any tax or determine whether any tax 
has been evaded or any return falsified, in addition to the 
powers otherwise conferred upon him by delegation of the 
commission. 

11. Payment. Further amend said chapter 78 by strik- 
ing out section 25 and inserting the following new section: 
25. To Whom Payable. All taxes assessed hereunder shall be 
paid to the state tax commission by the taxpayer. 



30 Chapter 5 [1950 

12. Payment to Towns, etc. Further amend said chapter 
78 by striking out section 32 and inserting the following new 
section: 32. Distribution. The state tax commission shall 
determine the expense of administration for the year in which 
the tax is assessed and shall certify to the state treasurer the 
amounts of the remaining balance of the tax, after the ex- 
penses of administration have been deducted, to be dis- 
tributed on December 31 of that year to the respective towns 
and cities where the owner of the taxable income resides, and 
where the owner resides in an unorganized place, to the 
treasurer of the county in which such place is situated. Pro- 
vided, however, that any interest and penalties collected there- 
on may be retained by the state and applied to the expense of 
administration. 

Self -assessment of Income Taxes 

13. Returns; Change of Date. Amend section 18 of 
chapter 78 of the Revised Laws, as amended by chapter 139, 
Laws of 1947, by striking out the said section and inserting in 
place thereof the following: 18. Returns. Returns of tax- 
able income shall be made to the tax commission on or before 
May first in each year. In such form as they may prescribe, but 
the commission may extend such time for good cause. Returns 
as required by this chapter shall be made under penalties of 
perjury. 

14. Assessment. Further amend said chapter 78 by 
striking out section 23 and inserting in place thereof the 
following: 23. Payment; Interest. All taxes shall be 
assessed as of January first, in each year, and payment thereof 
shall be made at the time the return is filed on or before May 
first. If taxes are not paid on or before May fifteenth, interest 
at ten per cent from the said May first shall be added, and the 
said May first shall be deemed to be the due date for all taxes 
assessed and collected under this chapter. Provided, however, 
that when an extension of time has been granted under the 
provisions of section 18, the date specified in the said extension 
shall be deemed to be the due date, and interest at the rate of 
ten per cent shall be added if payment is not made within 
fifteen days after that date. 

15. Review. Further amend said chapter 78 by insert- 
ing after section 25 the following new section: 25-a. Re- 



1950] Chapter 5 31 

assessment by Director. If upon examination of the returns 
and assessment made therein, it shall appear that the amount 
of the tax exceeds the correct amount due, or is deficient, the 
director of the division of interest and dividends shall reassess 
the amount of the tax and notify the taxpayer of such 
corrections. In the event that the director determines a 
deficiency, the amount of said deficiency and interest at the 
rate of ten per cent from the original due date shall be for- 
warded by the taxpayer to the director within fifteen days 
from the date of the notice herein provided. In the event the 
reassessment results in a determination of overpayment, the 
amount of the excess shall be repaid to the taxpayer in the 
manner provided by section 28 of this chapter. All assess- 
ments made under this section by the director shall not be 
subject to the supervision of the state tax commission, and 
shall be subject to the same right of abatement and appeal as 
provided in sections 26 and 27, and nothing herein contained 
shall be construed to limit the power of the commission to 
make a later assessment under section 29 or to seek a penalty 
for fraudulent returns as provided by section 34. 

Transfer of Collection of Railroad and Utility Taxes 

16. Transfer. Except as otherwise specified herein, the 
functions, powers and duties of the state treasurer relating to 
the collection of taxes on railroads and utilities as provided by 
chapter 83 of the Revised Laws, or as may be otherwise pro- 
vided are hereby transferred to the state tax commission and 
all records and property of the state treasurer relating to said 
taxes are hereby transferred to the division of interest and 
dividends in the state tax commission. The governor, after 
consultation with the state treasurer and the tax commission, 
may transfer such personnel from the office of state treasurer 
to the division of interest and dividends as the governor may 
deem in the best interest of the state and necessary to carry 
out the purposes hereof. 

17. Filing of Decision. Amend section 15 of chapter 83 
of the Revised Laws by striking out the words "state treas- 
urer" in the second line and inserting in place thereof the 
words, director of the division of interest and dividends, so 
that said section as amended shall read: 15. Certificates of 
Tax. The tax commission, prior to September thirtieth in 



32 Chapter 5 [1950 

each year, shall file with the director of the division of interest 
and dividends certificates of their decisions. 

18. Notice of Rehearing. Amend section 16 of chapter 
83 by striking out the words "state treasurer" in the fifth line 
and inserting in place thereof the words, director of the 
division of interest and dividends, so that said section as 
amended shall read : 16. Rehearing. The state, or any such 
corporation or company, may at any time within thirty days 
from the filing of the decision move for a rehearing. The tax 
commission may, for cause shown, allow the motion, and shall 
have authority to give further hearing and increase or abate 
the tax as justice may require. Notice shall be given the 
director of the division of interest and dividends of the order 
or decision made upon such a motion. 

19. Notices; Director's Duty. Amend said chapter 83 
by striking out section 19 and inserting in place thereof the 
following: 19. Notice of Tax; Payment. Upon receipt of 
said certificates of decisions, the director of the division of 
interest and dividends shall notify the parties against whom 
taxes have been assessed, and such taxes shall be paid to the 
state tax commission on or before October fifteenth of the 
same year. 

20. Credits and Charges. Amend section 21 of said 
chapter 83 by striking out the words "state treasurer" in the 
second line and inserting in place thereof the words, state tax 
commission, so that said section as amended shall read: 21. 
Final Adjustment. If upon such proceedings a decision for 
the reduction of any tax shall be rendered, the state tax com- 
mission shall credit and allow such reduction upon any tax 
assessed against the party entitled to the same, and payable 
after the rendition of such decision. If upon such proceedings 
it shall appear that the tax against any such corporation or 
company was too small, the difference shall be paid by the 
corporation or company concerned as of the date of the de- 
cision. 

21. Use of Extents. Amend section 23 of chapter 83 of 
the Revised Laws by inserting at the beginning thereof the 
words, upon written request of the state tax commission, so 
that said section as amended shall read : 23. Extents. Upon 
written request of the state tax commission, the state treas- 



1950] Chapter 5 33 

urer shall issue his extent for the sum unpaid and interest 
against the company or corporation in default; and all the 
property owned by such company or corporation on April first 
preceding shall be liable for the payment thereof, 

22. Certification of Apportionment. Further amend said 
chapter 83 by striking out section 33 and inserting in place 
thereof the following: 33. Apportionment. The state tax 
commission shall seasonably apportion all railroad taxes re- 
ceived by it in each year, and shall certify such apportionment 
to the state treasurer for distribution in the following manner : 

I. To the towns in which any railroad is located, one 
fourth of the tax paid by the railroad corporation, of which 
each town shall receive its proportion according to the share 
of the capital of the corporation expended therein for its build- 
ings and right of way. 

II. To each town in the state in which any stock in 
the corporation was owned on April first preceding, such pro- 
portion of the residue of the tax as the number of shares owned 
in said town bears to the whole number of shares in the corpo- 
ration. No apportionment of said railroad taxes shall be made 
to a town on account of shares of stock held therein by banks, 
trustees, treasurers of societies or corporations, or by any per- 
son, society or corporation holding such shares in a fiduciary 
capacity ; and the tax commission, or other proper authority, in 
fixing the equalized valuation for the purpose of assessing state 
and county taxes, shall exclude such stock. 

III. The remainder for the use of the state. 

23. Report of Capital Expended. Further amend said 
chapter 83 by striking out section 34 and inserting in place 
thereof the following: 34. Directors' Return. The directors 
of each railroad corporation shall, on July first in the year 1942 
and in every fifth year thereafter, make a return, under oath, 
to the state tax commission showing the share of the capital 
of the corporation expended in each town for buildings and 
right of way ; and the commission shall certify the apportion- 
ment for payment by the state treasurer based upon such ex- 
penditures from such returns. 

24. Stock Invoice; Transmittal. Amend section 36 of 
said chapter 83 by striking out the words "state treasurer" in 
the third line and inserting in place thereof the words, state 



34 Chapter 5 [1950 

tax commission, so that said section as amended shall read: 

36. Neglect of Selectmen. If the selectmen of any town shall 
neglect to take an invoice of the shares of railroad corporations 
in this state owned by the inhabitants of the town, and to 
transmit to the state tax commission a statement thereof, 
under oath, as required by chapter 75, section 2, such town 
shall receive no part of the railroad taxes. 

25. Determination of Conflicts. Amend section 37 of 
said chapter 83 by striking out the words "state treasurer" in 
the third line and inserting in place thereof the words, state 
tax commission, so that as amended said section shall read: 

37. Conflicting Returns. If the returns of shares in railroad 
corporations made by their treasurers and those made by 
selectmen, as required by law, disagree, the state tax com- 
mission shall determine upon the evidence to what town the 
shares in relation to which there is disagreement shall be 
credited. 

26. Invoice. Amend section 2 of chapter 75 of the Re- 
vised Laws by striking out the words "state treasurer" in the 
third line and inserting in place thereof the words, state tax 
commission, so that said section as amended shall read: 2. 
Railroad Stock. They shall annually take an invoice of the 
shares of stock of each railroad corporation of the state owned 
by inhabitants of their town on April first, and shall transmit 
to the state tax commission on or before June first, a state- 
ment under oath, showing the number of shares of each 
corporation thus owned, the names of such stockholders, the 
number of shares owned by each in each corporation, and that 
such stockholders were inhabitants of the town on April first. 
If they shall neglect to comply with the foregoing provisions 
they shall be liable to the town for all damages resulting to it 
from their default. 

27. Stockholders. Amend section 19 of chapter 297 of 
the Revised Laws by striking out the words "state treasurer" 
in the second line and inserting in place thereof the words, 
state tax commission, so that said section as amended shall 
read: 19. List of Stockholders. The treasurer of every 
railroad corporation, any part of whose road is in this state, 
shall transmit to the state tax commission, on or before June 
first in each year, a list of the stockholders of the corporation 
residing in each town of the state on April first preceding. 



1950] Chapter 5 35 

g-iving the number of shares owned by each, with a certificate, 
under oath, that the list is correct. Every treasurer who 
neglects to comply with the provisions of this section shall for- 
feit one hundred dollars. 

28. Appropriations. Any unexpended appropriations 
and funds to the extent that they are available to the state 
treasurer for personal services and other expenses relating to 
the collection of the tax on railroads and utilities are hereby 
transferred to the state tax commission to be used only for 
the purposes for which they could have been legally used 
heretofore. 

Transfer of Collection of Franchise Tax 

29. Transfer. Except as otherwise specified herein, the 
functions, powers and duties of the state treasurer relating to 
the collection of franchise taxes as provided by chapter 84 of 
the Revised Laws, or as may be otherwise provided, are hereby 
transferred to the state tax commission and all records and 
property of the state treasurer relating to said taxes are here- 
by transferred to the division of interest and dividends. The 
governor, after consultation with the state treasurer and the 
tax commission, may transfer such personnel from the office 
of the state treasurer to the division of interest and dividends 
as the governor may deem in the best interest of the state and 
necessary to carry out the purpose hereof. 

30. Appropriations. Any unexpended appropriations 
and funds to the extent that they are available to the state 
treasurer for personal services and other expenses relating to 
the franchise tax are hereby transferred to the state tax com- 
mission to be used only for the purposes for which they could 
have been legally used heretofore. 

31. Filing of Decisions. Amend section 8 of chapter 84 
of the Revised Laws by striking out the words "state treas- 
urer" in the second line and inserting in place thereof the 
words, director of the division of interest and dividends, so 
that said section as amended shall read: 8. Certificates of 
Tax. The tax commission, prior to September thirtieth in 
each year, shall file with the director of the division of interest 
and dividends certificates of their decisions. 



36 Chapter 5 [1950 

32. Notice of Rehearing. Amend section 9 of said 
chapter 84 by striking out the words "state treasurer" in the 
fifth line and inserting in place thereof the words, director of 
the division of interest and dividends, so that said section as 
amended shall read : 9. Rehearing. The state, or any such 
utility, may at any time within thirty days from the filing of 
the decision move for a rehearing. The tax commission may, 
for cause shown, allow the motion, and shall have authority 
to give further hearing and increase or abate the tax as justice 
may require. Notice shall be given the director of the division 
of interest and dividends of the order or decision made upon 
such a motion. 

33. Notices; Director's Duty. Further amend said 
chapter 84 by striking out section 11 and inserting in place 
thereof the following: 11. Notice of Tax; Payment. Upon 
receipt of said certificates of decisions, the director of the 
division of interest and dividends shall notify the parties 
against whom taxes have been assessed, and such taxes shall 
be paid to the state tax commission on or before October 
fifteenth of the same year, 

34. Credits and Charges. Amend section 13 of said chap- 
ter 84 by striking out the words "state treasurer" in the second 
line and inserting in place thereof the words, state tax com- 
mission, so that said section as amended shall read : 13. Final 
Adjustment. If upon such proceedings a decision for the re- 
duction of any tax shall be rendered, the state tax commission 
shall credit and allow such reduction, with interest upon any 
sum actually paid thereon, upon any tax assessed against the 
party entitled to the same, and payable after the rendition of 
such decision. If upon such proceedings it shall appear that the 
tax against any such utility was too small, the difference shall 
be paid by the utility concerned as of the date of the decision. 

35. Use of Extents. Amend section 15 of said chapter 
84 by inserting at the beginning thereof the words, upon 
written request of the state tax commission, so that said 
section as amended shall read: 15. Extents. Upon the 
written request of the state tax commission the state treasurer 
shall issue his extent for the sum unpaid and interest against 
the utility in default; and all the property owned by such 
utility on April first preceding shall be liable for the payment 
thereof. 



1950] Chapter 5 37 

Transfer of Collection of Taxes on Savings Banks and 
Building and Loan Associations (Co-opemtive Banks) 

36. Transfer. Except as otherwise specified herein, the 
functions, powers and duties of the state treasurer relating to 
taxes on savings banks, building and loan associations, co- 
operative banks and other similar corporations as provided by 
chapter 85 of the Revised Laws, or as may be otherwise pro- 
vided, are hereby transferred to the state tax commission and 
all the records and property of the state treasurer relating to 
said taxes are hereby transferred to the division of interest 
and dividends in the state tax commission. The governor, 
after consultation with the state treasurer and the tax com- 
mission, may transfer such personnel from the office of the 
state treasurer to the division of interest and dividends as the 
governor may deem in the best interest of the state and neces- 
sary to carry out the purposes hereof. 

37. Appropriations. Any unexpended appropriations and 
funds to the extent that they are available to the state treas- 
urer for personal services and other expenses relating to the 
taxes on savings banks, building and loan associations, co- 
operative banks, and other similar corporations are hereby 
transferred to the state tax commission to be used only for 
the purposes for which they could have been legally used here- 
tofore. 

38. Returns. Amend section 8 of chapter 85 of the Re- 
vised Laws by striking out the words "transmit to the state 
treasurer upon blanks furnished by him" in lines four and five 
and inserting in place thereof the words, transmit to the state 
tax commission, upon blanks to be furnished by said commis- 
sion, so that said section as amended shall read as follows : 8. 
Statement of Treasurer. The treasurer of every savings bank, 
trust company, loan and trust company, loan and banking com- 
pany, building and loan association, and other similar corpo- 
rations organized under the laws of this state shall, on or be- 
fore May first in each year, transmit to the state tax commis- 
sion, upon blanks to be furnished by said commission, a state- 
ment, under oath, of the following facts as they existed on 
April first in such years : The amount of all savings and special 
deposits on which the corporation pays interest and of its 
capital stock belonging to residents of each town in the state. 



38 Chapter 5 [1950 

including all dividends that have been declared thereon and not 
paid ; the value of the interest of such residents in all the prop- 
erty and holding's of the bank described in the following section, 
if it were divided proportionately among all depositors of the 
corporation; the difference between the two sums for each 
town; and the same facts in relation to depositors and stock- 
holders who do not reside in the state or whose residence is un- 
known. 

39. Payment. Amend section 9 of chapter 85 of the Re- 
vised Laws by striking out the words "state treasurer" in the 
third line and inserting in place thereof the words, state tax 
commission, so that said section as amended shall read: 9. 
Tax and Deductions. Every such corporation, except building 
and loan associations, organized under the laws of this state, 
and credit unions organized under chapter 315, shall pay to the 
state tax commission annually, on October first, an excise tax 
for the privilege of conducting the business of a savings bank 
or other such corporation, equal in amount to twelve twenty- 
fourths of one per cent upon the amount of the savings de- 
posits on wliich it pays interest, after deducting the value of all 
its real estate wherever situated and the value of all its loans 
secured by mortgage upon real estate situated in this state 
made at a rate not exceeding five per cent per annum ; and the 
amount invested in bonds and notes of this state or any of the 
counties, municipalities, school districts, or village precincts of 
this state; provided, that such bonds and notes bear interest 
at a rate not exceeding five per cent per annum; and the 
amount invested in United States bonds, and in bonds, notes, 
or debentures the principal or interest of which is guaranteed 
by the United States, and in bonds issued under the provisions 
of the Federal Farm Loan Act, and the amount not exceeding 
five per cent of the deposits invested in acceptances of member 
banks of the federal reserve system of the kinds and maturi- 
ties made eligible for rediscount or purchase by federal reserve 
banks, and the amount invested in the capital stock of national 
banks located in this state. 

40. Computation. Amend said chapter 85 by striking 
out section 12 and inserting in place thereof the following: 12. 
Determination of Tax; Notice. Tlie amount of the taxes pro- 
vided for in this and the following subdivisions shall be de- 
termined by the state tax commission which shall notify the 



1950] Chapter 5 39 

party from whom the tax is due of the amount thereof before 
July first. 

41. Instructions as to Distribution. Further amend said 
chapter 85 by striking out section 13 and inserting in place 
thereof the following: 13. Distribution. The state tax com- 
mission shall certify to the state treasurer, on or before 
February first after the taxes have been received, the amount 
to be paid to each town in the state in which depositors or 
stockholders of any such corporation reside the taxes so 
assessed upon the deposits and stock of residents of such town. 

42. Shares. Further amend said chapter 85 by striking 
out section 14 and inserting in place thereof the following: 
14. Building and Loan Associations. Every building and loan 
association or co-operative bank organized under the laws of 
this state shall pay to the state tax commission annually, on 
October first, a tax of three quarters of one per cent upon the 
declared maturing value of its shares, and the face value of its 
paid up certificates, in force on April first next preceding, after 
deducting such exemptions as are allowed to savings banks. 

43. Interest Rates. Further amend said chapter 85 by 
inserting after the word "association" in the second line of 
section 15 the words, or by co-operative banks, so that said 
section as amended shall read : 15. Premiums. The premiums 
and fines by building and loan associations or by co- 
operative banks from their members shall not be considered as 
interest, and the deduction of the premium from the amount 
loaned shall not be construed as increasing the rate of interest 
paid by the borrower. 

44. Director's Instructions. Further amend chapter 85 
by striking out section 16 and inserting in place thereof the 
following: 16. Distribution. The state tax commission 
shall certify to the state treasurer, on or before February first 
after the taxes have been received, the amount to be paid to 
the treasurer of the town or city where said association is 
located. 

45. Collection by Extent. Further amend said chapter 
85 by inserting at the beginning of section 20 the words, upon 
written request of the state tax commission, so that said 
section as amended shall read: 20. Extent. Upon written 



40 Chapter 5 [1950 

request of the state tax commission, the state treasurer shall 
issue his extent, against any such corporation which fails to 
pay its taxes when due, for the sum unpaid and interest ; and 
all property owned by the corporation on April first preceding 
shall be holden for the payment thereof. 

46. Disposition of Tax-money. Further amend said 
chapter 85 by striking out section 21 and inserting in place 
thereof the following: 21. Use of Tax-money. All taxes re- 
ceived by the state tax commission under the provisions of this 
chapter shall be paid into the state treasury in the manner 
prescribed by law and the state treasurer may use such taxes, 
while they remain in the treasury, for the payment of ordinary 
state charges. 

47. Repayment of an Abatement. Further amend said 
chapter 85 by striking out the words "state treasurer" in the 
third line of section 24 and inserting in place thereof the words, 
state tax commission, so that said section as amended shall 
read: 24. Reimbursement. Any such corporation, securing 
an abatement of taxes as herein provided, may deduct the 
amount of the tax so abated from any subsequent tax payable 
to the state tax commission, for which it may be liable ; or, if 
said tax has been paid and the corporation has ceased to do 
business, the court shall report such abatement to the governor 
and council, and the governor is authorized to draw his warrant 
upon the treasurer therefor. 

Division of Municipal Accounting 

48. Division Continued; Assistants. Amend section 23 
of chapter 82 of the Revised Laws by striking out said section 
and inserting in place thereof the following : 23. Division of 
Municipal Accounting. There shall be within the tax com- 
mission a division of municipal accounting. The commission 
shall appoint a director and such assistants as may be necessary 
subject to the state personnel regulations, and within the 
limits of available appropriations and funds. 



1950] Chapter 5 41 

Division of Inheritance Taxes 
49. Administration. Amend the Revised Laws by insert- 
ing after chapter 86 the following new chapter: 

86-A 
Administration of Inheritance Taxes 

1. Division of Inheritance Taxes. There shall be with- 
in the tax commission a division of inheritance taxes. The 
commission shall appoint a director and such other assistants 
as may be necessary in accordance with the state personnel 
regulations, and within the limits of available appropriations 
and funds. Before entering upon his duties the director shall 
execute and file with the secretary of state a bond to the state 
in such amount and with such sureties as may be deemed 
sufficient by the board of approval in the same manner as bonds 
for state officials. 

2. Transfer of Personnel and Functions. Personnel in 
the office of the attorney-general heretofore assigned to aid the 
assistant attorney-general in the administration of the so- 
called inheritance taxes and all the records and property of the 
assistant attorney-general and the state treasurer relating to 
the assessment and collection of said taxes, as heretofore pro- 
vided by chapters 87, 88 and 89 of the Revised Laws, as 
amended, and as further provided by chapter 88-A, as inserted 
by chapter 175 of the Laws of 1943, as amended, and by 
chapter 89-A, as inserted by chapter 21 of the Laws of 1949, 
or as may be otherwise provided, are hereby transferred to the 
division of inheritance taxes hereinbefore establish d; and all 
the functions, powers and duties of the assistant attorney- 
general and the state treasurer relating to said taxes are 
hereby consolidated and transferred to the state tax commis- 
sion; provided, however, that whenever it is required under 
the laws hereinbefore enumerated that the treasurer shall 
make payments in the administration of said taxes, said pay- 
ments shall continue to be made by the said treasurer but after 
certification of the director of the division of inheritance taxes. 

3. Transfer of Appropriations. Any unexpended 
appropriations and funds to the extent that they are available 
to the office of the attorney-general for the fiscal year ending 
June 30, 1951 for personal services and other expenses in the 
administration of the foregoing taxes are hereby transferred 



42 Chapter 5 [1950 

to the state tax commission to be used only for the purposes 
for which they could have been legally used heretofore. 

Part 9 

Public Works and Highways 

1. Department Established; Duties, etc. Amend the 

Revised Laws by inserting after chapter 90, as inserted by 

chapter 188 of the Laws of 1945, and amendments thereto the 

following new chapter: 

Chapter 90-A 
Department of Public Works and Highways 

1. Definitions. As used in this chapter the following 
words and terms shall have the following meanings unless a 
contrary meaning shall appear in the context : 

L "Contract construction" shall mean all con- 
struction performed in whole or in part by an independent con- 
tractor ; 

IL "Department" shall mean the department of 
public works and highways hereinafter established ; 

IIL "Project" shall mean any construction, recon- 
struction, alteration or maintenance in any building, plant, fix- 
ture, or facility; 

IV. "Using agency or institution" shall mean any 
executive department, commission, independent establishment, 
public corporation which is an instrumentality of a state board, 
bureau, division, institution, service, office, officer, authority, 
administration or other establishment in the executive branch 
of the government, which will have the control of the property 
after the work is completed. 

2. Department Established. There shall be a depart- 
ment of public works and highways under the executive 
direction of a commissioner of public works and highways. Said 
department shall consist of a division of engineering comprised 
of a section on highways and a section on public works, a 
division of business and administration, and a division of plan- 
ning. 

3. Transfer and Abolition. All functions, powers, 
duties, records, property and personnel of the highway depart- 
ment, as provided in chapter 90 of the Revised Laws, as in- 



1950] Chapter 5 43 

serted by chapter 188 of the Laws of 1945, as amended, and as 
otherwise provided, are hereby transferred to the section on 
highways in the division of engineering ; and all the functions, 
powers, duties, records, property and personnel of the state 
housing board, as provided in chapter 169 of the Revised Laws, 
as amended by chapters 169 and 286 of the Laws of 1947, and 
amendments thereto, are hereby transferred to the section on 
public works in the division of engineering; all such functions, 
powers and duties shall be exercised and all existing con- 
tractual obligations of the highway department and the state 
housing board shall be assumed by the commissioner or his 
deputy. The said highway department and said housing board 
are hereby abolished as separate agencies of the state govern- 
ment. 

4. Performance of Functions. Any functions of the 
commissioner of public works and highways may from time to 
time be performed by such officer, employee or administrative 
unit under his jurisdiction as he shall deem appropriate. 

5. Commissioner. The governor, with the advice and 
consent of the council, shall appoint a commissioner of public 
works and highways who shall be specially qualified to perform 
the duties of his office. He shall hold office for a term of five 
years from the date of his appointment, and until his successor 
is appointed and qualified, and a vacancy in such office shall be 
filled for the unexpired term. The commissioner shall exercise 
the powers of the department, organize its work and serve as 
its executive head, subject to the provisions of this act or of 
any other law. 

6. Deputy Commissioner; Assistant Commissioner. 

Subject to the approval of the governor and council, the com- 
missioner shall appoint a deputy commissioner, who shall also 
serve as chief engineer, and an assistant commissioner in 
charge of business administration, both of whom shall be 
specially quaUfied by previous experience to perform all duties 
as may be assigned to them and shall serve during good be- 
havior. The division of planning shall be administered by the 
commissioner of public works and highways. 

7. Removal. The commissioner may be removed by 
the governor and council only as provided in section 48 of 
chapter 27 of the Revised Laws as inserted by chapter 231 of 



44 Chapter 5 [1950 

the Laws of 1947, as hereafter amended. The deputy commis- 
sioner, and assistant commissioner may be removed by the 
commissioner subject to the approval of the governor and 
council. 

8. Salaries. The annual salaries of the commissioner, 
deputy commissioner, and assistant commissioner shall be de- 
termined by the governor and council. 

9. Repeal. Section 2 of part 10 of chapter 90 of the 
Revised Laws, as inserted by chapter 188 of the Laws of 1945, 
and sections 4, 5, 5-a, 5-b and 5-c of said part 10, as amended, 
and inserted by chapter 250 of the Laws of 1949, and all other 
acts inconsistent herewith, are repealed to the extent of such 
inconsistency. 

10. Consultant. The consultant to the highway com- 
missioner in office at the date of the passage of this act shall 
continue in office as consultant to the commissioner of public 
works and highways for the balance of the term of his office 
as provided in chapter 236 of the Laws of 1949, without change 
in salary. 

11. Continuance in Office. The person heretofore 
appointed as highway commissioner shall serve as commis- 
sioner of public works and highways for the remainder of his 
present term, subject to all the provisions hereof. The assist- 
ant highway commissioner in charge of information hereto- 
fore appointed shall serve as the assistant commissioner of 
public works and highways in charge of business administra- 
tion, and the person heretofore appointed as chief engineer of 
the highway department shall serve as deputy commissioner 
of public works and highways, subject to all the provisions 
hereof. 

12. Power of the Governor. With the mutual agree- 
ment of the heads of the using agencies or institutions con- 
cerned and of the commissioner of public works and highways, 
the governor may transfer such other personnel from said 
using agencies and institutions who, by reason of their 
previous experience with their respective departments or train- 
ing, may serve the state more efficiently by being transferred 
to the department herein established. The governor is further 
authorized to transfer to the department of public works and 



1950] Chapter 5 45 

highways such funds and appropriations as have heretofore 
or may hereafter be made available for the compensation 
and expenses of persons transferred under the foregoing- 
authority. 

13. Declaration of Policy and Limitation on Contracts. 

I. It is hereby declared to be the policy of the state 
that major state projects, except state aid and town road aid if 
not eligible for federal aid, shall be built by the contract method 
under competitive bidding, and that independent registered 
professional architects or registered professional engineers 
shall be employed for major construction of state buildings. 
It is further declared to be the policy of the state that all 
awards under such competitive bidding shall be to the lowest 
responsible bidder. It is further declared to be the policy of 
the state that state contract construction shall not be per- 
formed on the basis of a cost-plus contract, so-called. 

II. No state contract construction exceeding one 
thousand dollars for any individual project shall be awarded 
to any independent contractor except under conditions of com- 
petitive bidding and as hereinafter provided. In any case under 
competitive bidding where for just cause shown the lowest bid 
submitted should be rejected, the commissioner shall trans- 
mit promptly to the governor and council a recommendation 
for such rejection stating his reasons therefor. The governor 
and council shall thereupon review such recommendation and 
any other facts available to them, requiring a public hearing 
upon request of any bidder or on their own motion to fully 
establish such facts, and make such determination as in their 
judgment shall be for the best interests of the state. Such 
determination shall be entered upon the records of the secre- 
tary of state. The state reserves the right to reject any and 
all bids or to negotiate with the lowest responsible bidder. If 
not more than one bid is received on any state project adver- 
tised for contract construction, the commissioner subject to 
the approval of the governor and council may negotiate a con- 
tract for such construction upon terms which he may deem 
most advantageous to the state. Provided, however, that as to 
projects built with federal aid, if any provision of this section 
is inconsistent with the requirements of applicable federal law 
and regulations, the latter shall control. 



46 Chapter 5 [1950 

14. Client Relationship. Without limiting the general- 
ity of the foregoing, and to enable the department to maintain 
a client relationship with the using agencies or institutions in 
the construction of capital budget items, the department is 
authorized to : 

I. Determine requirements, prepare estimates, ad- 
vertise, receive bids and award contracts subject to the 
approval of the governor and council, and execute in the name 
of the state and for the using agency or institution, all con- 
tracts for projects, with the advice and assistance of the 
attorney-general, and after concurrence of the governor and 
council, comptroller and using agency or institution, in such 
manner and subject to such limitations as may be specified 
from time to time by law ; 

II. Supervise the execution of contract construction 
and provide an inspection service to determine whether con- 
tract work, including extras, complies with specifications, prior 
to acceptance and payment therefor. An authorized agent of 
the department shall give to the using agency or institution 
signed written statements periodically that the contract is be- 
ing executed according to specifications and, at the end, that 
the project has been completed in accordance with the specifi- 
cations. Manifests for such payments are to be made and 
signed by the using agency or institution that, to the best of 
their knowledge and belief, the progress reports furnished by 
the department to the using agency or institution are correct. 
Manifests for final payment shall certify that, to the best of 
my (our) knowledge and belief, inspections have been carried 
out, that the project has been completed in accordance with 
the specifications and contract and that it has been accepted. 

III. Cause to be undertaken and completed, all con- 
struction exceeding one thousand dollars for any individual 
project, except as otherwise authorized by the governor and 
council ; 

IV. Furnish advice to the using agencies or institu- 
tions concerning plans, designs, and other technical questions, 
in the construction, development and structural maintenance of 
such facilities as the said agencies or institutions in their dis- 
cretion deem necessary and suitable to the performance of 
their duties ; 



1950] Chapter 5 47 

V. Except as otherwise authorized by the governor 
and council, cooperate with the water resources board by 
letting for contract and supervising all projects as herein de- 
fined on state owned dams and reservoirs, and perform such in- 
spections as may be requested by that board, provided that the 
operation of facilities now or hereafter under the control of 
that board shall not be delegated to this department. 

15. General Powers and Duties. The department is 
further authorized to : 

I. Exercise general supervision over standards of 
operation and maintenance of state-owned buildings, (except 
state armories and military reservations) and fixed (plant) 
equipment, in the same manner as it has been exercised here- 
tofore by the executive officers of the using agencies or institu- 
tions, and except as otherwise provided by law; 

II. Provide for the maintenance of all state-owned 
motor vehicles on a cost-of-service basis; 

III. Cooperate with the department of adminis- 
tration and control in long range capital planning to meet the 
needs of the state, as may be requested by the governor and 
council and subject to their approval; 

IV. Operate all public works, not otherwise assigned ; 

V. Assist any using agency or institution of the 
state in the acquisition of lands for a public use, when re- 
quested ; 

VI. Employ such technical consultants and other 
assistants as may be necessary, wherever required in the best 
interests of the state and consistent with the policy declared 
in section 13; 

VII. Upon request of the director of purchase and 
property, to inspect and test, and advise the acceptance or re- 
jection of, all materials and supplies purchased by the division 
of purchase and property. 

16. Appropriations. All unexpended funds and appro- 
priations available to the highway department and to the state 
housing board for the fiscal year ending June 30, 1951 are 
hereby transferred and made available to the department of 
public works and highways to be used only for the purposes 
for which they could have been legally used heretofore. 



48 Chapter 5 ^ [1950 

17. Accountability for Highway Funds. All receipts, 
expenditures and accounts for the department of public works 
and highways of funds accruing to the department as successor 
to the highway department, or from any other source, to be 
expended for highway purposes, shall be accounted for on a 
fiscal year basis, and shall be subject to the provisions of 
chapter 23 of the Revised Laws, as, amended. Said fiscal year 
shall conform to the general state practice. 

18. Bookkeeping Procedure. The commissioner shall 
maintain accounts which will reflect accurately expenditures 
and commitments of highway funds and other funds, and 
which will charge the respective using agencies or institutions 
only for expenditures and commitments made in their accounts 
for their respective projects. 

19. Special Funds. Nothing herein shall be construed 
to authorize or permit directly or indirectly the diversion or 
expenditure of any special funds, or funds provided for any 
particular purpose, for any other purpose, or for any purpose 
prohibited by constitutional or legislative limitation of this 
state or of the United States. Such funds shall not be com- 
mingled with any other moneys but shall be expended only for 
the purposes for which they were provided and shall be 
accounted for separately. 

20. Outside Activity Restricted. No member of the 
department shall act as agent or representative, or engage in 
private consulting work for, or involving, any contractor, 
architect, engineer, firm or individual engaged, or interested 
in the performance of state contracts or whose business in- 
cludes the manufacture or furnishing of equipment, materials 
or supplies to the state. No member of the department shall, 
acting as a private individual, solicit or engage in consulting or 
other engineering work for political subdivisions of the state. 
Violation of this section shall be cause for dismissal or other 
disciplinary action, subject to such appeal as may be provided 
by law. 

Part 10 
State Board of Fire Control 
1. Assistants. Amend chapter 175-A of the Revised 
Laws as inserted by chapter 251 of the Laws of 1947, by strik- 



1950] Chapter 5 49 

ing out section 8 and inserting- in place thereof the following 
section: 8. Deputies and Assistants. The board shall fix 
the term of employment for a deputy fire marshal and, subject 
to the state personnel regulations, and within the limits of 
available appropriations and funds, the state fire marshal may 
employ a deputy, such assistants, and one clerical or secre- 
tarial assistant, as may be necessary. 8-a. Assistants; 
Clerical. Subject to the state personnel regulations, and with- 
in the limits of available appropriations and funds, the com- 
missioner of motor vehicles shall furnish such additional 
clerical and secretarial assistants as may be necessary to carry 
out the duties and functions of the state fire marshal. 

2. Facilities. In order to promote the effectiveness and 
efficiency of the state fire marshal he may use such personnel 
and equipment of the departments of public works, motor 
vehicle and state police as may be by mutual agreement pro- 
vided by the heads of said agencies, including, without limiting 
the generalities of the foregoing, the use of radio and other 
communication facilities. 

Inspection and Setting of Standards of Fire Escapes 

3. Transfer. Amend section 11 of chapter 176 of the 
Revised Laws by striking out said section and inserting in place 
thereof the following: 11. Standards. The board of fire 
control is hereby authorized to set standards defining require- 
ments to insure ready and safe egress in the event of fire, for 
factories and workshops, more than two stories in height, and 
to approve buildings which conform to such standards. The 
state board of fire control is hereby authorized to set such 
standards for other buildings as defined in section 9 and to 
approve buildings which conform thereto. 

4. Fire Escapes. Amend section 12 of said chapter 176 
by striking out said section and inserting in place thereof the 
following: 12. Approval. Such fire escapes shall be subject 
to approval as to location by the state board of fire control, 
provided that nothing herein shall be deemed to deprive the 
commissioner of labor, factory inspectors, and other assistants 
of the commissioner of the power and authority conferred upon 
them by chapter 215. 



50 Chapter 5 [1950 

Part 11 

Welfare and Institutions 

Veterans Council 

1. State Veterans Council; Location. Amend section 2 of 
chapter 219-A of the Revised Laws as inserted by chapter 190 
of the Laws of 1943 by striking out the words "Said council 
shall be provided with an office in the state house," so that 
said section as amended shall read as follows : 2. Compen- 
sation. No member of the council shall receive compensation 
for services rendered but his necessary expenses incurred in 
the performance of his official duties shall be paid from the 
appropriation for said council. 

2. Clerical Assistants; Organization. Amend said 
chapter 219-A as inserted by chapter 190, Laws of 1943, by 
inserting after section 1 the following new section: 1-a. 
Assistants; Organization. Subject to the state personnel 
regulations, and within the limits of available appropriations 
and funds, the department of public welfare shall furnish such 
clerical and secretarial assistance as may be necessary to carry 
out the duties and functions of the state veterans council. Said 
council shall continue to function as a separate organizational 
entity as heretofore constituted with all the powers and duties 
as heretofore provided except as otherwise specified herein. 

3. Transfer of Personnel. The secretarial and clerical 
personnel of the state veterans council are hereby transferred 
to the department of public welfare with like seniority, status 
and pay as heretofore. 

4. Transfer of Appropriations. All unexpended appro- 
priations and funds made available to the state veterans coun- 
cil allocated to clerical and secretarial hire for the fiscal year 
ending June 30, 1951 are hereby transferred and made avail- 
able to the department of public welfare to be used only for the 
purposes for which they could have been legally used hereto- 
fore. 

Department of Corrections 

5. Supervision of State Hospitals and Institutions. 

Amend section 1 of chapter 14 of the Revised Laws by striking 
out said section and inserting in place thereof the following: 



1950] Chapter 5 51 

1. Governor and Council ; Boards of Control. The ultimate 
authority over the state hospital, the Laconia state school, the 
industrial school, the state sanatorium and the state prison, in- 
cluding all real and personal estate used in connection there- 
with, the purchase of materials and supplies for said insti- 
tutions and the departments of the state, as hereinafter pro- 
vided, is vested in the governor and council. The general super- 
vision of the industrial school and the state prison is vested in 
the board of control of the department of corrections and the 
general supervision of the state hospital, the children's study 
home, the Laconia state school, the state sanatorium, and the 
soldiers' home is vested in the board of control of the depart- 
ment of hospitals as said boards are hereinafter established. 

6. Department of Corrections. There shall be a depart- 
ment of corrections which shall consist of the state prison in- 
cluding the board of parole, the industrial school including the 
board of parole, and the probation department. 

7. Board of Control ; Corrections. There shall be a board 
of control in the department of corrections which shall consist 
of one of the appointed members of the board of trustees of 
the state prison and parole to be chosen by said appointed 
members, one of the appointed members of the board of 
trustees of the industrial school and parole to be chosen by 
said appointed members, and one of the board of probation to 
be chosen by said board. 

8. Duties and Powers of Board of Control and Trustees ; 
Corrections. The board of control of the department of 
corrections shall meet at least quarterly to discuss and de- 
termine matters of common departmental policy so that each 
shall function as an integrated part of the whole department. 
Decisions by said board shall be the governing policy respect- 
ing procedures of each department or institution affected. The 
boards of trustees of the state prison and parole, and in- 
dustrial school and parole, shall each appoint the executive 
of its department or institution subject to the approval of the 
governor and council, and the board of probation shall appoint 
its director, and each board shall be responsible to the board of 
control for efficient and economical management of the insti- 
tution and the proper care and treatment of persons in their 
charge; said boards of trustees and probation shall each 



52 Chapter 5 [1950 

exercise supervisory and policy-making control of all aspects 
of their respective custodial, rehabilitative and professional 
functions and duties. 

Department of Hospitals 

9. Department of Hospitals. There shall be a depart- 
ment of hospitals which shall consist of the New Hampshire 
state hospital, the children's study home, the Laconia state 
school, the soldiers' home, and the New Hampshire state sana- 
torium. 

10. Board of Control; Hospitals. There shall be a board 
of control of the department of hospitals which shall consist 
of one of the appointed members of the board of trustees of 
the New Hampshire state hospital (being the commission of 
mental health) to be chosen by said appointed members, one of 
the appointed members of the board of trustees of the Laconia 
state school to be chosen by said appointed members, one of 
the designated members of the trustees of the New Hamp- 
shire state sanatorium, to be chosen by said designated mem- 
bers, and one of the members of the board of managers of the 
soldiers' home to be chosen by the board. 

11. Duties and Powers of Board of Control and Trustees; 
Hospitals. The board of control of the department of hospitals 
shall meet at least quarterly to determine and discuss matters 
of common departmental policy so that each shall function as 
an integrated part of the whole department. Decisions by said 
board shall be the governing policy respecting procedures of 
each department or institution affected. The boards of trustees 
of the New Hampshire state hospital, Laconia state school, the 
New Hampshire state sanatorium and the board of managers 
of the soldiers' home shall each continue to appoint the execu- 
tive of its institution in the same manner as heretofore pro- 
vided, but each of said boards shall be responsible to the board 
of control for efficient and economical management of the in- 
stitution, and the proper care and treatment of persons in their 
charge ; said boards of trustees shall each exercise supervisory 
and policy-making control of all aspects of their respective 
custodial, therapeutic and professional functions and duties. 

12. Inter-departmental Committee on Welfare and Insti- 
tutions. There shall be an inter-departmental committee on 



1950] Chapter 5 53 

welfare and institutions which shall consist of the commis- 
sioner of public welfare, the warden of the state prison, the 
state parole officer, the superintendent of the industrial school, 
the director of probation, the superintendent of the state 
hospital, the director of the mental hygiene clinics, the super- 
intendent of the Laconia state school, the commandant of the 
soldiers' home, and the superintendent of the New Hampshire 
state sanatorium. 

13. Powers and Duties of Inter-departmental Committee 
on Welfare and Institutions. The inter-departmental commit- 
tee on welfare and institutions shall meet monthly and shall 
consider problems common to the agencies represented on the 
committee ; it shall advise the respective administering boards 
on such problems and shall make recommendations as to de- 
sirable legislation affecting the agencies. 

14. Repeal. Section 3 of chapter 14 of the Revised Laws 
is hereby repealed. 

Part 12 

Resources and Development 

1. Advisory Council. Amend the Revised Laws by in- 
serting after chapter 249 the following new chapter : 

Chapter 249-A 
Council on Resources and Development 

1. Council Established. There shall be a council on re- 
sources and development consisting of delegates from each of 
the following state agencies chosen in the manner hereinafter 
provided: Fish and game commission, planning and develop- 
ment commission, New Hampshire water pollution commission, 
forestry and recreation commission, and New Hampshire 
water resources board. Each delegate shall hold office as a 
member of the council until the end of the term for which he 
was appointed to his respective agency. They shall serve with- 
out compensation but may be reimbursed for their reasonable 
expenses incurred in the performance of their duties. 

2. Chairman. The chairmanship of the council shall be 
rotated at each meeting among its members. The intention of 
this section is to give equal representation to each of the 



54 Chapter 5 [1950 

agencies of the state represented on the council, and no 
delegate shall act as chairman for two successive meetings. 

3. Duties of the Council. The council shall meet at least 
once every quarter to advise and consult upon common prob- 
lems in the field of natural resources and their development; 
to make such reports and recommendations as may be desir- 
able to the governor and council; and, subject to approval of 
the board or commissions of the agencies affected, to make 
such studies and recommendations upon its own initiative, or 
upon request, to the general court concerning such changes as 
it may deem advisable to effectively coordinate the work of 
the agencies enumerated in section 1. Its decisions shall be 
advisory only. 

4. Delegates Chosen. The planning and development 
commission, established under section 40 of chapter 27 of the 
Revised Laws as amended, the New Hampshire water pollution 
commission as established by chapter 166-A of the Revised 
Laws, as inserted by chapter 183 of the Laws of 1947, the 
forestry and recreation commission, as established by section 1, 
chapter 233 of the Revised Laws, the fish and game commis- 
sion, as established by section 1, chapter 240 of the Revised 
Laws, and the New Hampshire water resources board, as 
established by section 3, chapter 266 of the Revised Laws, 
shall each choose from among its members a delegate to sit 
upon the council heretofore estabhshed. Such designation shall 
continue in full force and effect until the expiration of the term 
of office of any such delegate as a member of the commission or 
board from which he is chosen and until a new delegate is 
selected as his successor on the council. 

ConsoUdation of Water Control Commission and the 
Water Resources Board 

2. Commission Abolished; Duties, etc. Transferred. The 

New Hampshire water control commission established by 
chapter 267 of the Revised Laws, as amended, is hereby 
abolished and all its functions, powers and duties as therein 
and otherwise set forth are consolidated and, together with its 
records, property and personnel, are hereby transferred to the 
water resources board, as provided under chapter 266 of the 
Revised Laws, as amended. 



1950] Chapter 5 55 

3. Agency Status. The New Hampshire water resources 
board shall assume the functions, powers and duties, acquire 
the records, property and personnel, and discharge the obli- 
gations transferred to it by the preceding section in its capacity 
as a state agency unaffected by its corporate existence. 

4. Corporate Existence Preserved. The New Hampshire 
water resources board shall continue as a body politic and 
corporate under the same name and title as heretofore and shall 
enjoy the same rights, powers, privileges and immunities and 
shall be subject to the same obligations, duties, restrictions 
and limitations heretofore prescribed by law or created by 
lawful agreement, unaffected by the transfers made in the pre- 
ceding section. All existing bonded indebtedness and fiscal 
obligations and the power to create further obligations are 
expressly continued in full force and effect without alteration. 

5. Appropriations. All unexpended appropriations and 
funds for the use of the water control commission for the fiscal 
year ending June 30, 1951, are hereby transferred to the water 
resources board to be used only for the purposes for which 
they could have been legally used heretofore. 

Abolition and Transfer of Functions of the Commission to 

Operate and Manage the State Building at the 

Eastern States Exposition. 

6. Transfer. All the functions, powers, duties, records, 
property and personnel of the commission to operate and 
manage the state building at the Eastern States Exposition as 
provided by chapter 19 of the Revised Laws are hereby trans- 
ferred to the planning and development commission. 

7. Abolition. The commission to operate and manage 
the state building at the Eastern States Exposition is hereby 
abolished. 

8. Appropriations. All unexpended appropriations and 
funds for the use of the commission to operate and manage the 
state building at the Eastern States Exposition for the fiscal 
year ending June 30, 1951, are hereby transferred to the plan- 
ning and development commission to be used only for the pur- 
poses for which they could have been legally used heretofore. 



56 Chapter 5 [1950 

Abolition and Transfer of Functions of the New Hampshire 

Shore and Beach Preservation and Development 

Commission 

9. Transfer. All the functions, powers, duties, records, 
property and personnel of the New Hampshire shore and beach 
preservation and development commission, provided by chap- 
ter 5 of the Revised Laws, as amended, by section 11 of 
chapter 182 of the Revised Laws, and as otherwise provided by 
law, are hereby transferred to the forestry and recreation 
commission. 

10. Abolition. The New Hampshire shore and beach 
preservation and development commission is hereby abolished. 

11. Appropriations. All unexpended appropriations and 
funds for the use of the New Hampshire shore and beach 
preservation and development commission for the fiscal year 
ending June 30, 1951 are hereby transferred to the forestry 
and recreation commission to be used only for the purposes for 
which they could have been legally used heretofore. 

Abohtion of the New Hampshire Aerial Tmmway Commission 
and Transfer of its Functions 

12. Transfer. All the functions, powers, duties, records, 
property and personnel of the New Hampshire aerial tramway 
commission, established by chapter 239 of the Revised Laws, 
as amended, are hereby transferred to the forestry and rec- 
reation commission. Nothing herein contained shall be con- 
strued to change the method of handling revenue arising from 
the operation of the area under the jurisdiction of said com- 
mission nor to impair any obligation heretofore created by or 
under any law of this state relating thereto. 

13. Abolition. The New Hampshire aerial tramway 
commission is hereby abolished. 

14. Appropriations. All unexpended appropriations and 
funds for the use of the aerial tramway commission for the 
fiscal year ending June 30, 1951, are hereby transferred to the 
forestry and recreation commission to be used only for the pur- 
poses for which they could have been legally used heretofore. 



1950] Chapter 5 57 

15. Repeal. Section 1 of chapter 239 of the Revised 
Laws is hereby repealed and all other acts inconsistent here- 
with are hereby repealed to the extent of such inconsistency. 

16. White Mountain Region Association. In exercising 
the functions, powers and duties, transferred to it by section 
12 above, and in the construction, development, and mainte- 
nance of projects in the area known as the White Mountain 
Region, the forestry and recreation commission shall consult 
and advise with the directors of the White Mountain Region 
Association, so-called, upon all matters of policy involved in 
the general development and supervision of public projects in 
said area and of its recreational facilities belonging to the state. 

Transfer of Custody of Certain Property 

17. Custody of State Property. The functions of the 
governor and council as custodians of the Hannah Dustin 
monument, Franklin Pierce homestead, Daniel Webster birth- 
place, and the grounds connected with each, as provided in 
section 1 of chapter 12 of the Revised Laws are hereby trans- 
ferred to the forestry and recreation commission. 

18. Transfer. All the functions, powers, duties, records, 
property and personnel of the superintendent of state build- 
ings and grounds as provided in sections 5, 7, and 11 of chapter 
12 of the Revised Laws, as amended herein, insofar as any 
of them apply to, or are used in connection with, the property 
enumerated in section 17 are hereby transferred to the 
forestry and recreation commission. 

19. Transfer of Unexpended Appropriation. All un- 
expended funds and appropriations for the use of the superin- 
tendent of state buildings and grounds allocated to be used in 
connection with the property enumerated in section 17, for the 
fiscal year ending June 30, 1951, are hereby transferred to the 
forestry and recreation commission, to be used only for the 
purposes for which they could have been legally used hereto- 
fore. 

Part 13 
Weights and Measures 
1. Weights and Measures; Transfer. The functions, 
powers, duties, records, property and personnel of the com- 
missioner of weights and measures as provided in chapter 192 



58 Chapter 5 [1950 

of the Revised Laws, as amended, are hereby transferred to 
and vested in the department of agriculture to be exercised 
and used by the commissioner of agriculture as specified herein 
and as otherwise provided by law. 

2. Abolition. The office of commissioner of weights and 
measures as provided in section 2 of chapter 192 of the Re- 
vised Laws, as amended, is hereby abolished. 

3. Commissioner. Wherever the terms commissioner or 
commissioner of weights and measures shall appear in chapter 
192 of the Revised Laws it shall be deemed to mean commis- 
sioner of agriculture. 

4. Assistance. Amend chapter 192 of the Revised Laws 
by striking out section 4 and inserting in the place thereof the 
following: 4. Assistants. Subject to the state personnel 
regulations, and within the limits of available appropriations 
and funds, the commissioner may employ such assistants and 
incur such expenses as may be necessary to carry out the pro- 
visions of this chapter. 

5. Repeal. Section 5 of chapter 192 of the Revised Laws 
is hereby repealed. 

6. Appropriation. All unexpended funds and appropri- 
ations for the use of the commissioner of weights and meas- 
ures for the fiscal year ending June 30, 1951 are hereby trans- 
ferred to the department of agriculture to be used only for the 
purposes for which they could have been legally used hereto- 
fore. 

Part 14 
Milk Control Board 

1. Milk Control Board ; Transfer. The milk control board 
as provided in chapter 196 of the Revised Laws with all its 
functions, powers, duties, records, property and personnel is 
hereby transferred to the department of agriculture, and is 
constituted the division of milk control. 

2. Assistants. Amend section 4 of chapter 196 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following : 4. Assistants. Said board, sub- 
ject to the approval of the commissioner of agriculture and 
state personnel regulations, and within the limits of available 



1950] Chapter 5 59 

appropriations and funds, may employ and fix the salaries of 
an executive secretary and such assistants as may be necessary. 

3. Appropriation. All unexpended appropriations and 
funds made available to the milk control board for the fiscal 
year ending June 30, 1951 are hereby transferred to the 
division of milk control in the department of agriculture to be 
used only for the purposes for which they could have been 
legally used heretofore. 

4. Disposition of Funds. Amend chapter 196 of the Re- 
vised Laws by striking out section 13 and inserting in place 
thereof the following: 13. Disposition of Revenue. All 
moneys received by the board from license fees and fines shall 
be paid promptly into the state treasury. All moneys received 
by the state treasurer under the provisions hereof shall be 
placed in a special fund to be known as the milk control fund. 
All expenses of the division of milk control shall be paid by the 
state treasurer from said milk control fund upon warrant of 
the governor; in addition to its appropriation, the milk control 
board shall receive for disbursement for the administration of 
said division, as may be necessary for the purposes of this 
chapter, such portion of any income received in excess of said 
appropriation as the governor and council shall approve; and 
any unexpended funds at the end of a fiscal year shall lapse 
and be available for the general purposes of the state. Pro- 
vided, however, that the appropriation heretofore enacted for 
the fiscal year ending June 30, 1951, shall be available for the 
purposes of the milk control division and in the event that the 
milk control fund shall exceed the sum of said appropriation, 
the additional amount in said fund shall be available in the 
manner hereinbefore provided. 

5. Application of Receipts. Amend said chapter 196 by 
inserting after section 13 the following new section: 13-a. 
Limitations on Fund. All moneys paid into the state treasury 
in the manner provided by the preceding section and credited 
to the milk control fund shall be subject to all the provisions 
relating to similar funds as established by section 11 of chapter 
22 of the Revised Laws, as amended by chapter 95 of the Laws 
of 1945. 



60 Chapter 5 [1950 

Part 15 

Commissioners of Pilotage of the Harbor and River of 

Piscataqua 

1. Transfer. The functions, powers, duties, records and 
property of the commissioners of pilotage of the harbor and 
river of Piscataqua as provided in chapter 182 of the Revised 
Laws, as amended, are hereby transferred to and vested in the 
public service commission as established under chapter 286 of 
the Revised Laws, to be exercised and used by the public service 
commission as specified therein and as otherwise provided by 
law. 

2. Abolition. Section 1 of chapter 182 of the Revised 
Laws is hereby repealed and the office of commissioners estab- 
lished thereunder is hereby abolished. 

3. Appropriation. The unexpended funds and appro- 
priations for the use of the commission of pilotage of the 
harbor and river of Piscataqua for the fiscal year ending 
June 30, 1951 are hereby transferred to the public service 
commission to be used only for the purposes for which they 
could have been legally used heretofore. 

Part 16 
Lightning Rods 

1. Transfer. The functions, powers, duties, records, and 
property pertaining to lightning rods in the office of the in- 
surance commissioner, as provided in chapter 191 of the Re- 
vised Laws, as amended, are hereby transferred to the office 
of the state fire marshal and shall be exercised and used by the 
said state fire marshal in the same manner as heretofore 
exercised and used by the insurance commissioner, except as 
otherwise specified herein. 

2. Change of Name. Amend chapter 191 of the Revised 
Laws, as amended by chapter 177 of the Laws of 1943 and 
chapter 237 of the Laws of 1947, by striking out the words 
"insurance commissioner" or "commissioner" wherever they 
appear in sections 1-8 inclusive and inserting in place thereof 
the words, state fire marshal, so that said sections as amended 
shall read as follows : 



1950] Chapter 5 61 

1. Dealer's License. No person, firm or corporation 
shall sell, offer for sale, or install material used for the pro- 
tection of buildings from damage by lightning, until author- 
ized to do so by a license obtained from the state fire marshal 
under the provisions of this chapter. 

2. Prerequisites. No such license shall be issued until 
the state fire marshal has approved of the material used or 
offered for sale by said dealer for the purpose of protecting 
from lightning, and the manner and system of installing such 
material. Said approval shall be given only to those materials 
and systems of installation as have the prior approval of the 
Underwriters' Laboratories, Inc., and for which they will 
furnish Master Labels. Such approval shall not be given until 
the dealer has filed a bond with the state fire marshal in the 
sum of five thousand dollars to guarantee that all materials so 
used and the installation of said materials shall have the 
approval of the Underwriters' Laboratories, Inc., and in the 
event that said installation does not meet with the approval 
of the Underwriters' Laboratories, Inc., within ninety days 
from the completion of said installation, then said dealer forth- 
with shall reimburse the owner for the cost of said installation, 
including labor and materials ; nor until the state fire marshal is 
satisfied that the dealer has complied with such requirements 
and is responsible and reliable as to assets, business standing 
and practices and is entitled to confidence ; nor until said dealer 
has filed a written stipulation that legal process affecting such 
dealer or his agent served upon the state fire marshal for the 
time being shall have the same effect as if personally served 
upon such applicant or his agent within this state. 

3. Fee; Term; Revocation. Upon compliance with the 
terms of the two preceding sections, and upon payment to him 
of a fee of fifty dollars, the state fire marshal may issue a 
license to such dealer, to continue in force one year from date 
of issue. The license may be revoked at any time by the state 
fire marshal for good cause, after notice of hearing. 

4. Agent's License. Upon written notice from a dealer 
licensed under this chapter of the appointment of a suitable 
person to act as his agent in this state, the state fire marshal 
may, if he is satisfied that the appointee is a suitable person, 
issue to him a license as such agent, upon the payment of a fee 



62 Chapter 5 [1950 

of ten dollars. Such license shall continue in force one year 
from date of issue, but may be revoked at any time by the 
state fire marshal for good cause, after notice and hearing. 

5. Exhibiting License. Every agent or dealer shall, 
upon demand, exhibit his license to any mayor, selectman, 
sheriff or his deputy, constable or police officer, and to any per- 
son to whom he sells or offers to sell lightning rods, and shall 
furnish a copy of this chapter to the purchaser of such light- 
ning rods. If he neglects or refuses to do so, he shall be liable 
to the penalty provided for acting as such agent or dealer with- 
out a license. 

6. Limitations. The licenses provided for by this 
chapter are good for only one person, firm or corporation, and 
are not transferable. 

7. Penalty. Any person not licensed as provided by 
this chapter, selling or offering for sale such lightning rods or 
other material, shall be fined not more than two hundred 
dollars, or imprisoned not more than six months, or both. 

8. Suit. Any property owner whose property has been 
rodded under the provisions of this chapter may bring suit 
within one year from the date of the completion of said in- 
stallation in the name of the state fire marshal upon the bond 
herein provided, and have the same procedure and remedies 
thereon, as in the case of bonds of county officers. 

3. Legal Service. Amend section 9 of chapter 191 of the 
Revised Laws as inserted by chapter 237 of the Laws of 1947 
by striking out the same and inserting in place thereof the 
following: 9. Service on Fire Marshal. Whenever legal 
process against such dealer is served upon the state fire 
marshal he shall make memoranda of the fact in a book pro- 
vided for the purpose and upon the paper served, and shall 
forthwith notify the dealer thereof by letter addressed to him 
at his principal office in this country ; and on the following day 
he shall forward the paper served upon him to the dealer. 

4. Existing Licenses. The provisions of this chapter 
shall not require the cancelling or reissuing of any license 
issued prior to the effective date of this act. 



1950] Chapter 5 63 

Part 17 
Veterinary Examiners 
1. Transfer. Amend chapter 223 of the Revised Laws, 
as amended, by adding at the end thereof the following- new 
sections : 47. Transfer. The board of veterinary examiners, as 
provided in chapter 255 of the Revised Laws, as amended, is 
hereby transferred to the department of agriculture and it 
shall function as a separate organizational entity as heretofore 
constituted and with all the powers and duties as heretofore 
provided, except as otherwise specified herein. 48. Super- 
vision. The commissioner of agriculture shall exercise general 
supervision over such clerical personnel of the board of 
veterinary examiners as work within his office. 

Part 18 
Labor 

1. Department. Amend chapter 210 of the Revised 
Laws, as amended, by striking out section 1 and inserting in 
place thereof the following new sections: 1. Department; 
Commissioner. There shall be a department of labor under the 
executive direction of a labor commissioner who shall be 
appointed by the governor, with the advice and consent of the 
council; provided, however, that the labor commissioner here- 
tofore appointed shall continue as labor commissioner for the 
remainder of his present term. Subject to the state personnel 
regulations, and within the limits of available appropriations 
and funds, the labor commissioner shall employ such clerks and 
assistants as may be necessary for the performance of the 
duties of the department, except for the division of employ- 
ment security. 1-a. Name. Whenever the word bureau shall 
appear in the Revised Laws with reference to the bureau of 
labor, it shall be deemed to mean department. 

Inspectors of Factories 

2. Transfer. The functions, powers, duties, property, 
records and personnel of the inspectors of factories and other 
places of employment as provided in section 36 of chapter 137 
of the Revised Laws are hereby transferred to the department 
of labor and shall be exercised, vested, and used therein. All 
inspectors in the department of labor shall also have the same 
powers as to enforcement and serving of warrants as provided 
in said section. 



64 Chapter 5 [1950 

3. Appropriation. All unexpended funds and appro- 
priations made available for the inspectors of factories and 
other places of employment as provided in section 36 of said 
chapter 137 for the fiscal year ending June 30, 1951 are hereby 
transferred to the department of labor to be used only for the 
purposes for which they could have been legally used hereto- 
fore. 

Employment Security 

4. Division of Employment Security. The unemploy- 
ment compensation division, as provided in chapter 218 of the 
Revised Laws, as amended, and the employment service as 
provided in chapter 211 of the Revised Laws are hereby trans- 
ferred to and shall constitute a division of employment security 
within the department of labor. 

5. Director. There shall be a director of the division of 
employment secm-ity who shall be appointed by the labor com- 
missioner with the approval of the governor and council. 

6. Term. The director shall hold office during good be- 
havior. 

7. Removal. The director may be removed only as pro- 
vided in section 48 of chapter 27 of the Revised Laws as in- 
serted by chapter 231 of the Laws of 1947, as hereinafter 
amended. 

8. Salary. The annual salary of the director shall be five 
thousand five hundred dollars minimum, six thousand dollars 
maximum and, subject to compliance with laws and regulations 
approved by the Federal Bureau of Employment Security, his 
actual expenses incurred in the work of his office shall be paid ; 
he shall start at the minimum salary and each year thereafter 
shall be entitled to an increase of one hundred dollars until the 
maximum salary is reached. 

9. Duties. The director shall be the executive officer of 
the division of employment security and exercise full direction 
and general supervision thereof; the authority and power of 
the labor commissioner as provided in chapter 211 and chapter 
218 of the Revised Laws, as amended, are hereby transferred 
to the director and he is hereby authorized to act in the name 
of the labor commissioner in all matters pertaining thereto. 



1950] Chapter 5 65 

10. Employment Service Bureau. The New Hampshire 
employment service division shall hereafter be known as the 
New Hampshire employment service bureau and shall function 
in all respects as heretofore except as otherwise provided 
herein. 

11. Unemployment Compensation Bureau. The unem- 
ployment compensation division shall hereafter be known as 
the unemployment compensation bureau and shall function in 
all respects as heretofore except as otherwise provided herein. 

Apprenticeship Council 

12. Transfer. The apprenticeship council as provided in 
chapter 212-A of the Revised Laws, as inserted by chapter 166 
of the Laws of 1947, with all its functions, powers, duties, 
records, property and personnel is hereby transferred to the 
department of labor and shall function therein as a separate 
organizational entity, as heretofore constituted, and with all 
the powers and duties as heretofore provided. 

Inspectors 

13. Inspectors Authorized. Amend section 29 of chapter 
215 of the Revised Laws by striking- out said section and in- 
serting in place thereof the following: 29. Inspectors. For 
the purpose of inspecting factories, workshops, commercial and 
such mercantile establishments as the commissioner shall 
designate, and for the further purpose of making such other 
inspections as said commissioner may be authorized to do, he 
shall employ five competent persons who shall be known as in- 
spectors, one of whom shall be a woman, and shall fix their 
compensation in accordance with the state personnel 
regulations, and within the limits of available appropriations 
and funds; provided, however, that the factory inspectors 
heretofore employed shall continue as inspectors hereunder. 

Part 19 
Alcoholism 
1. Transfer; Division Constituted. Amend chapter 147 
of the Revised Laws, as amended, by adding at the end thereof 
the following new section: 27. Transfer. The commission 
on alcoholism, as provided in chapter 254 of the Laws of 1947, 
as inserted by chapter 313 of the Laws of 1949, together with 



66 Chapter 5 [1950 

all its functions, powers, duties, records, property and per- 
sonnel, is hereby transferred to and shall constitute a division 
of the department of health, and shall be known as the division 
on alcoholism. 

2. Appropriation. All unexpended funds and appropri- 
ations made available to the commission on alcoholism for the 
fiscal year ending- June 30, 1951 are hereby transferred to the 
department of health to be used only for the purposes for which 
they could have been leg-ally used heretofore. 

3. Commission. Amend section 3 of chapter 254 of the 
Laws of 1947, as inserted by chapter 313 of the Laws of 1949, 
by striking out said section and inserting in place thereof the 
following: 3. Commission Constituted. There shall be a 
commission on alcoholism consisting- of the state health officer 
ex officio and six members who shall be appointed by the gover- 
nor with the advice and consent of the council and one of whom 
shall be designated by the governor as chairman. One member 
of said commission shall be appointed annually for a term of 
six years. The term of each member shall be stated in his 
appointment, and each shall continue in office until his succes- 
sor 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. The members of the commis- 
sion on alcoholism heretofore appointed shall be members of 
the commission on alcoholism herein provided, until the ex- 
piration of their respective terms; and the first term of the 
new member provided herein shall expire July 8, 1955. With 
the consent of the council, the governor may remove any 
member for cause. The commission shall meet six times each 
year, or more, at the call of the chairman. Upon failure of a 
member to attend three consecutive meetings his appointment 
shall be vacated unless excused by formal action of the com- 
mission. The executive director shall be the secretary of the 
commission, but shall have no vote. 

4. Executive. Further amend said chapter 254 by strik- 
ing out section 6 and inserting in place thereof the following 
new sections: 6. Executive Director. Subject to the approval 
of the state board of health and in accordance with state per- 
sonnel regulations, the commission shall appoint an executive 
director who shall hold office during good behavior; provided. 



1950] Chapter 5 67 

however, that the director heretofore appointed shall continue 
as director subject to all the provisions hereof. 6-a. Duties of 
Commission. The commission shall review, advise and con- 
sult with the executive director as to matters of policy and 
problems within the purview of this chapter, and may make 
recommendations as to such matters. 

5. Duties. Further amend said chapter 254 by striking 
out section 7 and inserting in place thereof the following : 7. 
Duties of Executive Director. Subject to the direction and 
supervision of the state health officer the executive director 
shall: 

I. Study alcoholism and its problems, including 
methods and facilities available for care, custody, detention, 
treatment, employment and rehabilitation of persons who are 
inebriates ; 

II. 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. 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. Accept for examination, diagnosis, guidance and 
treatment, insofar as funds permit, any resident of the state 
coming to the division of his own volition for advice and 
guidance ; 

V. Make rules and regulations respecting the accept- 
ance, care, treatment and discipline of inebriates who are the 
division's patients as he deems necessary, providing that such 
are in harmony with other provisions of this act; 

VI. 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; 

VII. Organize the work of the division ; and, except as 
otherwise specifically provided, employ such assistants as may 
be necessary to carry out the purposes of this chapter, in 



68 Chapter 5 [1950 

accordance with the state personnel regulations, and within 
the limits of available appropriations and funds. 

6. Grant. Amend said chapter 254 by striking- out 
section 8 and inserting in place thereof the following: 8. 
Acceptance of Grants. The department of health is author- 
ized to accept in the name of the state special grants of money 
or services from the federal or state governments or any of 
their agencies and may accept gifts to carry on the activities 
of the division. 

7. Facilities. Further amend said chapter 254 by strik- 
ing out section 9 and inserting in place thereof the following: 
9. Facilities and Personnel. On the recommendation of the 
director, and within the limits of available appropriations 
and funds, the department of health may contract for such 
educational, research, casework, institutional, medical facili- 
ties, personnel and services of pubhc or private agencies as are 
necessary or desirable to carry out the provisions of this act. 
On recommendation of the executive director, the department 
of health may assign for training such medical, technical and 
clinical personnel as may be desirable. 

8. Buildings. Amend said chapter 254 by striking out 
section 10 and inserting in place thereof the following: 10. 
Buildings and Equipment. The commission, with the consent 
of the governor and council, may establish or construct an in- 
stitution for the treatment of patients of the division and shall 
have authority to purchase or lease land, buildings and equip- 
ment suitable for that purpose when funds are made available. 
The executive director shall have the management and control 
of the property so acquired and subject to the approval of the 
state board of health and in accordance with the state per- 
sonnel regulations shall appoint an administrator of any in- 
stitution so constructed or established. 

9. Committals and Admissions. Further amend chapter 
254 by striking out section 12 and inserting in place thereof 
the following: 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 resident under twenty-one years of age or 
mentally incompetent, may apply to the executive director or 
the facilities of the division for voluntary admission of such 



1950] Chapter 5 69 

resident for care, treatment and guidance. The executive 
director may make such regulations and requirements for the 
admission, care and treatment of voluntary patients as he 
deems best except that such patients shall not be under the 
control of the executive director for less than sixty days nor 
more than one year. The requirements and regulations of the 
executive director in regard to voluntary patients shall be 
printed and made available to the public. No voluntary patient 
shall, by asking the help or care of the executive director, 
abridge any of his civil rights nor shall evidence of his volun- 
tary submission to the executive director's care and control be 
admissible against him in any court. All records pertaining 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 executive director or of 
any citizen of the state, may commit to the care and custody 
of the division 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 executive director is the 
initiating party, the executive director shall be notified season- 
ably of any pending hearing provided for in this paragraph, 
by the court having jurisdiction thereof, and the executive 
director 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, require such petitionee to submit to the executive 
director for observation and study for a period of not more 
than fourteen days to determine whether in the judgment of 
the executive director said petitionee is an inebriate. At the 
end of such period the executive director shall report his find- 
ings to the presiding justice. Provided, however, that no court 
commitment hereunder shall be made when the executive 
director states that he has not suitable facilities or personnel 
for the care of such person. The findings 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 who is placed by court order under the 
division's custody and care, or any person who is accepted by 
the executive director as a voluntary patient, shall be subject 
to the control and regulation of the executive director or such 
employee of the division as he may designate. Any patient of 



70 Chapter 5 [1950 

the division may be permitted to go at large without custody 
or restraint for such times and under such conditions as the 
executive director or his designated agent judges best. 

IV. The executive director may make an order trans- 
ferring a patient of the division 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 division by a court, the order for such trans- 
ference shall not exceed the time specified in the court order. 

V. At the expiration of the term of custody and care 
of a patient who has been committed by a court to the division, 
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. 

VI. When a patient is deemed ready for discharge by 
the executive director, he may through his designated agent 
request the termination of the court order before the ex- 
piration date. 

10. Costs. Further amend said chapter 254 by striking 
out section 13 and inserting in place thereof the following: 13. 
Costs and Income. I. In respect to any or all items of ex- 
pense incurred by the division in connection with the commit- 
ment, care, custody, treatment and rehabilitation of any of its 
patients, the division insofar as possible shall seek to be re- 
imbursed by the patient or persons liable for the support of 
the patient. The executive director shall determine whether a 
patient, or any persons chargeable therewith, is able to bear 
the expense incidental to said commitment, care, custody, 
treatment and rehabilitation. In a case where the patient, or 
persons chargeable with his support, are able to pay only a 
part of such expense, the executive director upon satisfactory 
evidence may direct that such part of the expense as cannot 
be met by the patient or persons chargeable therewith be paid 
by the state. No patient is to be charged at any rate greater 
than cost; 

11. In the event of the commitment of an inebriate by 
a court to the division, 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 in- 



1950] Chapter 5 71 

ebriate's custody and care on the proper person, county or 
town; 

III. Such money as is received by the department from 
a patient of the division, or on his behalf, for sale of services 
or things, or for any other reason, shall be placed in a special 
fund to be used for the purposes of this act alone. Said funds 
shall be in addition to the appropriations granted the division; 

IV. The department of health is authorized from its 
appropriation or from funds allotted for the division by the 
governor and council, upon petition of the executive director 
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. 

11. Repeal. Section 5 of chapter 254 of the Laws of 
1947, as inserted by chapter 313 of the Laws of 1949, is here- 
by repealed. 

Part 20 
Cancer Commission 

1. Clerical Assistance. Amend chapter 147 of the Re- 
vised Laws, as amended, by adding at the end thereof the 
following new section: 28. Cancer Commission. Subject to 
the state personnel regulations, and within the limits of avail- 
able appropriations and funds, the department of health shall 
furnish to the cancer commission, as provided in chapter 152 
of the Revised Laws, such clerical and secretarial assistance 
as may be necessary to carry out the duties and functions of 
said commission. Said commission shall continue to function 
as a separate organizational entity as heretofore constituted, 
with all the powers and duties as heretofore provided, except 
as otherwise specified herein. 

2. Transfer; Appropriation. All unexpended appropri- 
ations and funds made available to the cancer commission and 
allocated to clerical and secretarial hire for the fiscal year 
ending June 30, 1951 are hereby transferred to the department 
of health to be used only for the purpose for which they legally 
could have been used heretofore. 



72 Chapter 5 [1950 

Part 21 
Tuberculosis 

1. Amend the Revised Laws by inserting after chapter 
151 the following new chapter: 

Chapter 151-A 
Tuberculosis Commission 

1. Commission Established. There shall be within the 
department of health a tuberculosis commission of nine mem- 
bers, consisting of the state health officer ex officio, the director 
of communicable disease of the state department of health, 
ex officio, the executive secretary of the New Hampshire 
Tuberculosis Association ex officio and six other members, one 
of whom shall be a general medical practitioner, all of whom 
shall be appointed by the governor with the advice and consent 
of the council. The appointed members shall serve for terms 
of six years provided, however, that the first appointments 
shall be made one for six years, one for five years, one for four, 
one for three, one for two, and one for one year. Any vacancy 
in the commission shall be filled for the unexpired term and 
the members shall serve until their successors are appointed 
and qualified. 

2. Transfer. All the functions, powers, duties, rec- 
ords, property, and personnel of the department of health 
assigned to tuberculosis control work in accordance with 
chapter 151 of the Revised Laws, and as otherwise provided, 
are hereby transferred to the tuberculosis commission. 

3. Appropriation. All unexpended appropriations and 
funds available to the department of health for the control of 
tuberculosis and the care and treatment of tubercular patients 
for the fiscal year ending June 30, 1951 may be used by the 
department of health for the purposes for which they could 
have been legally used heretofore. 

4. Director. Subject to the state personnel regula- 
tions, and within the limits of available appropriations and 
funds, and subject to the approval of the state board of health 
the tuberculosis commission shall appoint a director of tuber- 
culosis control. 

5. Duties. The tuberculosis commission shall (1) 
have full and exclusive control over all policies of the state in 



1950] Chapter 5 73 

connection with tuberculosis control, and the care and treat- 
ment of tubercular patients; (2) have direct control and 
authority over all admissions to state tuberculosis sanatoriums, 
(3) determine the conditions under which state tubercular 
patients may be admitted to private sanatoriums. 

2. Abolition. The board of trustees of the New Hamp- 
shire state sanatorium as heretofore constituted under chapter 
14 of the Revised Laws is hereby abolished. 

3. Trustees. There shall be a board of trustees of the 
New Hampshire state sanatorium of five members, consisting 
of the state health officer ex officio, sl councilor and three mem- 
bers of the tuberculosis commission, one of whom shall be a 
general medical practitioner, all of whom shall be designated 
by the governor with the advice and consent of the council and 
who shall serve during their respective terms of office as 
councilor or members of the tuberculosis commission. 

4. Trustees; Duties. Amend chapter 153 of the Revised 
Laws by striking out section 2 and inserting in place thereof 
the following: 2. Powers of Trustees. The trustees shall 
be a corporation, known as Trustees, New Hampshire State 
Sanatorium, with power to sue upon any contract to which it is 
by law authorized to be a party; to manage and control the 
property and concern of the sanatorium ; to appoint a superin- 
tendent, who shall be a physician; to appoint, in accordance 
with the state personnel regulations, and within the limits of 
available appropriations and funds, such assistants as they 
may, from time to time, deem necessary or proper ; to take and 
hold in trust for the state any grant, devise, bequest, or 
donation of property for the use of the sanatorium, or for the 
maintenance of help of any patient or patients therein ; and to 
adopt such by-laws and rules as they may deem necessary or 
proper for the management of their business affairs and the 
government of the sanatorium, subject, however, to the de- 
termination of the board of control of the department of 
hospitals as to matters within its jurisdiction. 

Part 22 
Health Department; Licensing Boards 

1. Boards; Transfer. Amend chapter 147 of the Re- 
vised Laws, as amended, by adding at the end thereof the 



74 Chapter 5 [1950 

following new section: 29. Transfer. The board of regis- 
tration in medicine, as provided in chapter 250 of the Revised 
Laws, as amended; the state dental board, as provided in 
chapter 251 of the Revised Laws, as amended; the chiropody 
board, as provided in chapter 254 of the Revised Laws, as 
amended; the board of registration of funeral directors and 
embalmers, as provided in chapter 168 of the Revised Laws, 
as amended; the barbers examining and licensing board, as 
provided in chapter 158 of the Revised Laws, as amended ; the 
commission of pharmacy and practical chemistry, as provided 
in chapter 256 of the Revised Laws, as amended ; and the board 
of registration of hairdressers, as provided in chapter 157 of 
the Revised Laws, as amended, are hereby transferred to the 
department of health and each shall function as a separate 
organizational entity as heretofore constituted and with all the 
powers and duties as heretofore provided, except as otherwise 
specified herein. 30. Uniform Records. So far as practicable 
and after consultation with the professional and trade licens- 
ing and registering boards within the department of health, 
the state health officer shall prescribe uniform procedures for 
all secretarial and recording activities of said board. 31. 
Supervision. The state health officer shall exercise general 
supervision over such clerical personnel of the professional and 
trade licensing and registering boards within the department 
of health as work within his office. 32. Office Space. The 
state health officer shall provide necessary office space for each 
professional and trade licensing and registering board within 
the department of health. 

2. Transfer; Personnel. The full-time clerical and secre- 
tarial personnel, if any, of the boards specified in section 1 are 
hereby transferred to the department of health. 

3. Appropriations. All unexpended appropriations and 
funds made available for the use of the personnel transferred 
in section 2 for the fiscal year ending June 30, 1951, are hereby 
transferred to the board of health to be used only for the pur- 
poses for which they could have been legally used heretofore. 

Part 23 
Education 
1. Department Established. Amend section 1 of chapter 
134 of the Revised Laws, as amended by chapter 32 of the 



1950] Chapter 5 75 

Laws of 1943, by striking out said section and inserting in 
place thereof the following: 1. Organization. There shall 
be a department of education consisting of a state board of 
education of seven members, a commissioner of education, and 
such other officials and employees as may be authorized. The 
seven members of the board of education shall serve without 
pay and shall not be technical educators nor professionally en- 
gaged in school work. Each member shall hold office until his 
successor is appointed and qualified, as provided in the follow- 
ing sections. 

Board of Nurse Examiners 
2. Board; Transfer. Amend chapter 134 of the Revised 
Laws, as amended, by adding at the end thereof the following 
new sections : 52. Transfer. The board of nurse examiners, 
as provided in chapter 257 of the Revised Laws, as inserted by 
chapter 285 of the Laws of 1947, is hereby transferred to the 
department of education and it shall function as a separate 
organizational entity as heretofore constituted and with all 
the powers and duties as heretofore provided, except as other- 
wise specified herein. 53. Supervision. The commissioner 
of education shall exercise general supervision over such 
clerical personnel of the board of examiners as work within his 
office. 

Part 24 

State Insurance and Officials' Bonds 

1. Insurance; Boiler. Amend section 35 of chapter 27 
of the Revised Laws by striking out said section and inserting 
in place thereof the following : 35. Limitations. The funds 
of the state or any department or institution thereof shall not 
be used for providing for insurance of property owned by the 
state against loss by fire or other casualty or against claims 
by third parties; provided, however, that such insurance as 
may be specifically authorized by law shall be carried, and such 
insurance as may be approved by the governor and council 
shall be carried on elevators and high pressure steam boilers 
with a safety valve setting in excess of fifteen pounds pressure, 
in connection with inspection. 

■ 2. Repeal. Sections 38 and 39 of chapter 27 of the Re- 
vised Laws are hereby repealed. 



76 Chapter 5 [1950 

3. Insurance; Liquor Warehouse. Amend section 15 of 
chapter 170 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 15. Insurance. 
The commission shall have power to protect the state liquor 
warehouse or warehouses and contents against fire and 
sprinkler damage and such insurance shall be purchased 
through the director of purchase and property after consul- 
tation with the board of approval established by section 7 of 
this part. 

Tramway Insurance 

4. Aerial Tramways; Insurance. Amend chapter 239 of 
the Revised Laws by adding after section 3 the following new 
section: 3-a. Insurance. The commission or agency having 
charge of the Cannon Mountain aerial tramway shall procure 
liability, fire, extended coverage or Marine insurance through 
the director of purchase and property, who shall consult with 
the board of approval established by section 7 of this part. 

5. Aerial Tramway; Sunapee. Amend chapter 239 of the 
Revised Laws by adding after section 11 the following new 
section: 11-a. Insurance. The commission or agency having 
charge of the Mt. Sunapee aerial tramway shall procure 
liability, fire, extended coverage or Marine insurance through 
the director of purchase and property, who shall consult with 
the board of approval established by section 7 of this part. 

Officials' Bonds 

6. Bonds Required by State Officials. No official of the 
State of New Hampshire shall henceforth be required to 
furnish a bond conditioned for the faithful performance of his 
official duties except as specifically designated by the consti- 
tution or as otherwise provided by law. 

7. Board of Approval. There is hereby established a 
board consisting of the attorney-general, the insurance com- 
missioner and the bank commissioner whose duty it shall be 
to determine the amount, where no amount is specified, and 
the sufficiency of the surety, where a bond is required of an 
official or employee of the state ; and such other duties as may 
be provided by law ; and no bond shall be valid until approved 
by said board. 



1950] Chapter 5 77 

8. Federal Requirements. Executive officers of un- 
employment compensation and employment service in the de- 
partment of labor shall be bonded in accordance with the pre- 
ceding section in the event that federal regulations require 
them to furnish a bond. 

9. Repeal; Bond; Agriculture. Section 4 of chapter 223 
of the Revised Laws, relative to the bond of the commissioner 
of agriculture, is hereby repealed. 

10. Repeal; Bond; Attorney-General. Sections 2 and 3 
of chapter 24 of the Revised Laws, relative to the bond of the 
attorney-general, are hereby repealed. 

11. Repeal; Bond; Athletic Commission. Section 2 of 
chapter 172 of the Revised Laws, relative to the bond of the 
chairman-secretary of the athletic commission, is hereby re- 
pealed. 

12. Bond ; Barber Board. Amend section 5 of chapter 
158 of the Revised Laws by striking out the first sentence 
thereof, relative to the bond of the secretary-treasurer of the 
barbers' board, so that said section as amended shall read as 
follows : 5. Receipts and Their Disposition. All moneys re- 
ceived by the board hereunder shall be paid to the secretary of 
the board, who shall give a receipt therefor and shall at the end 
of each month report to the comptroller the total amount of 
money received and thereupon deposit the same with the state 
treasurer. 

13. Bond; Fish and Game. Amend section 8 of chapter 
240 of the Revised Laws by striking out the words beginning 
on line 14 "he shall execute and file with the secretary a bond 
to the state in the sum of ten thousand dollars for the faithful 
performance of his duties" so that said section as amended 
shall read as follows: 8. How Chosen; Duties. The fish and 
game commission shall appoint a director of the fish and game 
department who shall be a man with knowledge of, and ex- 
perience in, the requirements for the protection, conservation, 
and restoration of the wild life resources of the state. He shall 
serve for an indefinite term, at the pleasure of the commission. 
He shall not hold any other public office, and shall devote his 
entire time to the service of the state in the discharge of his 
official duties. He shall receive such compensation as the com- 



78 Chapter 5 [1950 

mission may determine, and shall be reimbursed for all actual 
and necessary travelling and other expenses incurred by him 
in the discharge of his official duties. Before entering upon the 
duties of his office, he shall take the oath prescribed by the 
constitution, and shall, in addition thereto, swear that he holds 
no other public office, nor any position under any political com- 
mittee or party. Such oath shall be filed with the secretary of 
state. He shall have general supervision and control of all 
activities, functions and employees of the fish and game de- 
partment, and shall enforce all the provisions of the laws of 
this state relating to fish, wild animals, and birds, and shall 
exercise all necessary powers incident thereto. 

14. Bond; Hairdressers' Board. Amend section 7 of 
chapter 157 of the Revised Laws, relative to the hairdressers' 
board, by striking out said section and inserting in place there- 
of the following: 7. Compensation of Board; Disposition of 

Revenue. The secretary shall receive and receipt for all fees 
received by the board and shall at the end of each month report 
to the comptroller the total amount of all money received from 
all sources and shall at the same time deposit with the treas- 
urer the entire amount of said receipts. The annual salary of 
said secretary shall be five hundred dollars. Each member of 
the said board shall receive five dollars a day while in attend- 
ance upon examinations or conducting inspections and reason- 
able expenses while traveling in the performance of his duties. 
The compensation and expenses of the members of the board 
shall be paid by the state treasurer upon the warrant of the 
governor, but the total expenditures for such purpose shall 
not exceed the total moneys received by the state treasurer 
under the provisions hereof. 

15. Repeal; Bond; Industrial School. Section 9 of chapter 
463 of the Revised Laws, relative to bonds of the superintend- 
ent and the treasurer of the state industrial school, is hereby 
repealed. 

16. Bond; State Stores. Amend section 10 of chapter 
170 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 10. Operation of 
State Stores; Sales Agents. The commission may in its dis- 
cretion operate state stores for the sale of liquor in such cities 
and towns as shall have accepted the provisions hereof as 



1950] Chapter 5 79 

hereinafter provided, and, subject to the state personnel 
regulations, and within the limits of available appropriations 
and funds, may appoint sales agents to sell liquor in said 
stores ; any sales agent appointed for any store shall have been 
a resident of the town where said store is located for at least 
six months prior to said appointment. The salaries of such 
sales agents shall not be governed by the amount of sales. No 
sales agent, authorized to sell liquor under the provisions here- 
of, shall sell liquor except such as may be legally obtained under 
the provisions hereof. 

17. Bond; State Police. Amend section 3 of chapter 145 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 3. Qualifications and Super- 
intendent. The superintendent shall be a citizen of the 
United States and have had experience in the investigation of 
crime and criminal prosecution at the time of his appointment. 

18. Repeal; Bond; Warden. Section 4 of chapter 464 of 
the Revised Laws, relative to the bond of the warden of the 
state prison, is hereby repealed. 

19. Bond; Probation. Amend section 7 of chapter 379 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following : 7. Bonds. The director and the 
assistant director of probation shall give bonds in such sums 
as may be determined by the board of approval established in 
section 7 of part 24 of the reorganization act of 1950. 

20. Bond; Veterinary Examiners. Amend section 7 of 
chapter 255 of the Revised Laws, relating to treasurer of 
veterinary examiners, by striking out said section and insert- 
ing in place thereof the following: 7. Treasurer. The 
treasurer shall receive all money paid under the provisions of 
this chapter, and shall remit the same to the state treasurer 
quarterly on the first days of February, May, August and 
November. He shall perform such other duties as the rules and 
regulations of said board prescribe. 

21. Repeal; Bond; Weights and Measures. Section 6 of 
chapter 192 of the Revised Laws, relative to bonds of inspectors 
of weights and measures, is hereby repealed. 

22. Bond; Engineers' Board. Amend section 8 of chap- 
ter 170 of the Laws of 1945, relating to board of registration of 



80 Chapter 5 [1950 

engineers, by striking out said section and inserting in place 
thereof the following: 8. Receipts and Disbursements. The 
secretary of the board shall receive and account for all moneys 
derived under the provisions of this act, and shall pay the 
same to the state treasurer, who shall keep such moneys in a 
separate fund to be known as the "Professional Engineers' 
Fund." Such fund shall be kept separate and apart from all 
other moneys in the treasury, and shall be paid out only for 
the purposes hereof. All moneys in the fund are hereby 
specifically appropriated for the use of the board. The secre- 
tary of the board shall receive such salary as the board shall 
determine in addition to the expenses provided for in section 4. 
The board may employ such clerical or other assistants as are 
necessary for the proper performance of its work, and may 
make expenditures of this fund for any purpose which reason- 
ably in the opinion of the board is necessary for the proper 
performance of its duties under this act, including the ex- 
penses of the board's delegates to annual conventions of, and 
membership dues to, the National Council of State Boards of 
Engineering Examiners. Under no circumstances shall the 
total amount of payments made hereunder exceed the amount 
of the fees collected hereunder. 

23. Bond; Architects' Board. Amend section 8 of 
chapter 197 of the Laws of 1947, relating to secretary of 
architects' board, by striking out said section and inserting in 
place thereof the following : 8. Receipts and Disbursements. 
The secretary of the board shall receive and account for all 
moneys derived under the provisions of this act, and shall pay 
the same to the state treasurer who shall keep such moneys in 
a separate fund to be known as the Registered Architects' 
Fund. Such fund shall be kept separate and apart from all 
other moneys in the treasury, and shall be paid out only for 
purposes hereof. All moneys in the fund are hereby specifically 
appropriated for the use of the board. The secretary of the 
board shall receive such salary as the board shall determine in 
addition to the expenses provided for in section 4. The board 
may employ such clerical and other assistants as are neces- 
sary for the proper performance of its work, and may make 
expenditures of this fund for any purpose which reasonably 
in the opinion of the board is necessary for the proper per- 
formance of its duties under this act. Under no circumstances 



1950] Chapter 5 81 

shall the total amount of payments made hereunder exceed the 
amount of the fees collected hereunder. 

24. Bond; Insurance Commissioner. Amend section 6 
of chapter 321 of the Revised Laws by striking- out said section 
and inserting in place thereof the following: 6. Bonds. The 
commissioner and the deputy commissioner shall give bonds to 
the state conditioned upon the faithful discharge of the duties 
of their offices. Said bonds shall be filed in the office of the 
secretary of state. 

25. Bond; Commissioner of Motor Vehicles. Amend 
chapter 115 of the Revised Laws by striking out section 4 and 
inserting- in place thereof the following-: 4. Bonds. The 
commissioner and the administrative assistant shall give bonds 
to the state conditioned upon the faithful discharge of the 
duties of their offices. 

Part 25 
General Provisions 

1. State Employees. From and after the date when the 
governor and council shall declare the adoption of the classi- 
fication plan as provided in "An Act to Establish a Unified 
Personnel System for the State," neither the governor nor 
council shall be required to approve the employment, or 
salary, of any employee within the state classified service 
except as such approval may be specifically required either by 
the said "Act to Establish a Unified Personnel System for the 
State" or by this act. 

2. Interpretation. Wherever the words "clerical and 
secretarial" or "secretarial and clerical" appear in this act, they 
shall be construed not to include any executive secretary. 

3. State Officials; Removal. Amend section 48 of chap- 
ter 27 of the Revised Laws, as inserted by chapter 231 of the 
Laws of 1947 by striking out said section and inserting in place 
thereof the following: 48. Removal for Cause. Except as 
otherwise specifically provided, no official of the state outside 
of the state classified service shall be discharged or removed 
except by the governor and council for malfeasance, mis- 
feasance, or inefficiency in office, or incapacity or unfitness to 
perform his duties, or for the good of the department, agency 
or institution to which he is assigned. The attorney-general. 



82 Chapter 5 [1950 

or the appointing authority of such official may petition the 
governor and council for his removal, setting forth the grounds 
and reasons therefor. The governor and council shall hold a 
public hearing upon such petition, giving due notice thereof to 
such official not less than thirty days before the hearing, and 
shall, if they find, upon due hearing, good cause for removal of 
such official, order his removal from office. 

4. State Officials and Employees; False Certifications, etc. 

Amend chapter 22 of the Revised Laws by inserting after 
section 33 the following new sections: 33-a. False Certifi- 
cation; Penalty. If any officer or employee of the state who is 
responsible for certification of any work progress report, in- 
voice, manifest or other document used as a basis for payment 
of any money appropriated under any capital or other budget 
act shall knowingly or wilfully make or certify any false state- 
ment in connection therewith he shall be fined not more than 
two thousand dollars or imprisoned not more than five years 
or both. 33-b. False Statement; Penalty. If any officer or 
employee of the state in performing the duty of awarding any 
contract as a result of competitive bid, required under any 
capital budget act, shall knowingly or wilfully make or certify 
any false statement in connection therewith or shall recom- 
mend to the governor and council the approval of any such 
award to other than the lowest responsible bidder, except as 
provided by law, he shall be fined not more than two thousand 
dollars or imprisoned not more than five years or both. 

5. Federal Funds. Notwithstanding any other provision 
of law, the governor and council are hereby authorized to 
designate from time to time, as they may deem in the best in- 
terest of the state, the proper persons or agencies in the state 
government to take all necessary action to apply for, receive 
and administer any federal benefits, facilities, grants-in-aid, or 
other federal appropriations or services made available to 
assist state activities, for which the state is, or many become 
eligible. 

6. Certain Transfers Permitted. The comptroller is 
hereby authorized to effect such transfers of federal funds be- 
tween state agencies as may be permitted by the laws of the 
United States, in order to reimburse any agency of the state 
for services performed for, or facilities made available to, an- 



1950] Chapter 5 83 

other state agency in the administration of federal benefits, 
facilities, grants-in-aid, or other federal appropriations or 
services made available to state activities. 

2. Space. To the extent that the operation of any pro- 
vision of this act is limited by the availability of adequate office 
space, as determined by the governor and council, said pro- 
vision shall take effect when such space becomes available, and 
the governor and council shall thereupon assign such space in 
accordance with section 12 of chapter 12 of the Revised Laws 
as amended by section 5 of part 7 of this act. 

3. Execution ; Adjustments. The governor and council are 
hereby authorized to take all necessary action to carry out the 
provisions of this act. Whenever it shall appear in the 
operation hereof that the assignment of, or failure to assign, 
functions, powers, duties, records, property and personnel 
under the said provisions result in defeating rather than in 
furthering the purposes of economy and efficiency which this 
act is intended to promote, then the governor and council are 
hereby authorized to take such immediate action by executive 
order as may be necessary to carry out said purposes and 
correct said deficiencies. 

4. Continuance by Reenactment. Where any provision of 
a statute repealed by this act is substantially reenacted in this 
act the law shall be deemed to have continued in force from 
the first enactment, as if no reenactment and repeal had taken 
place. 

5. Reservation; Officers. All persons who, at the time 
when this act shall take effect, shall hold any office under any 
of the laws hereby affected, shall continue to hold the same 
according to the tenure thereof, except as otherwise specifically 
provided herein. 

6. Constitutionality. If any provision of this act or of its 
component parts, or the application thereof to any person or 
circumstance, shall be held invalid, the remainder of said act 
or parts, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, 
shall not be affected thereby. 

7. Effect on Existing Laws. The provisions of this act, so 
far as they are the same as those of existing laws, shall be 



84 Chapter 6 [1950 

construed as a continuation of such law and not as a new en- 
actment. The repeal by this act of any provision of law, shall 
not revive any law heretofore repealed or superseded; nor 
shall such repeal affect any act done, liability incurred, or any 
right accrued or vested, or affect, abate or prevent any suit or 
prosecution pending or to be instituted to enforce any right or 
penalty or punish any offense under the authority of such re- 
pealed laws; nor shall such repeal affect the validity of any 
contract to which the state, or any agency of the state, is a 
party in interest. 

8. Repeal. All acts or parts of acts not specifically repealed 
by this act, which are inconsistent with any provisions hereof, 
are hereby repealed to the extent of such inconsistency. 

9. Takes Effect. Except as otherwise specifically pro- 
vided, this act shall take effect June 30, 1950. 

I Approved May 17, 1950.] 



CHAPTER 6. 



AN ACT ESTABLISHING THE NEW HAMPSHIRE TEACHERS' 
RETIREMENT SYSTEM. 

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

1. New Hampshire Teachers' Retirement System. Amend 
the Revised Laws by inserting after chapter 136-A, as inserted 
by chapter 145, Laws of 1947, the following new chapter: 

Chapter 136-B 
New Hampshire Teachers' Retirement System 

1. Definitions. The following words and phrases as 
used herein, unless a different meaning is plainly required by 
the context, shall have the following meanings : 

I. "Retirement system" shall mean the teachers' re- 
tirement system of the state of New Hampshire, as defined in 
section 2 hereof. 

IL "State" shall mean the state of New Hampshire. 

HL "Board of trustees" or "trustees" shall mean board 
provided for in section 10 hereof. 



1950] Chapter 6 85 

IV. "Employer" shall mean the state of New Hamp- 
shire, the local school district, or other employers of teachers 
eligible for membership in the system. 

V. "Teacher" shall mean any regular or special 
teacher, principal, supervisor or administrator, librarian or 
other member of the teaching or professional staff engaged in 
the service of the public elementary and secondary schools 
located within the state and supported by and under control 
of any employer as defined. In all cases of doubt the board of 
trustees, herein defined, shall determine whether any person 
is a teacher as defined in this act. School nurses who are mem- 
bers of the state employees' retirement system as provided in 
chapter 201, Laws of 1945, on the effective date hereof, shall 
not be classified as teachers under this retirement system. 

VI. "Member" shall mean any person included in the 
membership of the retirement system, as provided in section 3 
hereof. 

VII. "Beneficiary" shall mean any person receiving a 
retirement allowance or other benefit as provided herein. 

VIII. "Service" shall mean service as a teacher paid 
for by an employer. 

IX. "Membership service" shall mean service as a 
teacher rendered while a member of the retirement system. 

X. "Prior service" shall mean service rendered prior to 
the date of establishment of the retirement system for which 
credit is allowable under section 4 hereof. 

XI. "Creditable service" shall mean prior service plus 
membership service as provided under section 4 hereof. 

XII. "Earnable compensation" shall mean the full base 
rate of compensation paid to a teacher, plus such additional 
amounts as may be paid for extracurricular educational 
activities or cost of living bonus. In cases where compensation 
includes maintenance the board of trustees shall fix the value 
of that part of the compensation not paid in money. 

XIII. "Average final compensation" shall mean the 
average annual earnable compensation of a member during his 
last five years of creditable service, or if he has less than five 
years of creditable service, it shall mean his average annual 
earnable compensation during his total creditable service. 



86 Chapter 6 [1950 

XIV. "Accumulated contributions" shall mean the sum 
of all the amounts deducted from the compensation of a mem- 
ber, together with regular interest thereon, as provided in 
section 12, paragraph I, hereof. 

XV. "Teacher annuity" shall mean annual payments 
for life derived from the accumulated contributions of a 
member. 

XVI. "Teacher annuity reserve" shall mean the pres- 
ent value of all payments to be made on account of a teacher 
annuity, computed at regular interest upon the basis of the 
mortality tables adopted by the board of trustees. 

XVII. "State annuity" shall mean annual payments 
for life derived from contributions by an employer, and the 
state, in recognition of the public service rendered by the 
teachers in the public schools of the state. 

XVIII. "State annuity reserve" shall mean the present 
value of all payments to be made on account of a state annuity, 
computed at regular interest upon the basis of the mortality 
tables adopted by the board of trustees. 

XIX. "Retirement allowance" shall mean the sum of 
the teacher annuity and the state annuity. All retirement 
allowances shall be payable in equal monthly installments 
which shall cease with the last monthly payment prior to 
death, provided, however, that if the retirement allowance is 
less than ten dollars per month, it may be paid, at the dis- 
cretion of the board of trustees, in quarterly or semi-annual 
installments due at the midpoint of such period, or in a lump 
sum of equivalent actuarial value. 

XX. "Retirement" shall mean withdrawal from active 
service with a retirement allowance granted under the pro- 
visions hereof. 

XXI. "Regular interest" shall mean interest at such 
rate compounded annually as may be set from time to time by 
the board of trustees in accordance with section 10, paragraph 
VIII, hereof. 

XXII. "Actuarial equivalent" shall mean a benefit of 
equal value when computed at regular interest upon the basis 
of the mortality tables last adopted by the board of trustees. 

2. Name and Date of Establishment. The retirement 
system hereby created shall be established as of July 1, 1950. 



1950] Chapter 6 87 

It shall have the powers, privileges and immunities of a corpo- 
ration, and shall be known as the New Hampshire Teachers' 
Retirement System, and by such name all of its business shall 
be transacted, all of its funds invested, and all of its cash and 
securities and other property held in trust for the purpose 
for which received. 

3. Membership. I. Any person who becomes a teacher 
after the date of establishment shall become a member of the 
retirement system as a condition of employment. 

II. Any person who is a teacher on the date of estab- 
lishment shall become a member as of that date, unless within 
ninety days thereafter, or ninety days after the termination of 
a leave of absence in effect on the date of establishment, he 
files with the board of trustees on a form prescribed by the 
board a notice of his election not to be included in the member- 
ship of the system and a duly executed waiver of all present 
and prospective benefits which he would otherwise have as a 
member. Any teacher who so elects not to become a member 
by filing- such a waiver may thereafter apply for and be ad- 
mitted to membership, but without credit for service rendered 
after the date of establishment and prior to the time he be- 
comes a member, and without credit for service rendered prior 
to the date of establishment unless he becomes a member within 
the first year following the date of establishment. 

III. The board of trustees may, in its discretion, accept 
as members any class of teachers whose compensation is only 
partly paid by the state or school district or who are serving 
on a temporary or other than per annum basis, and it may also, 
in its discretion, make optional with teachers in any such class 
their individual entrance into membership. 

IV. The board of trustees shall require from any em- 
ployer of teachers covered by the retirement system such in- 
formation relative to name, title, compensation, date of birth 
and length of service of each of its teachers as the board may 
deem necessary. 

V. If any member in any period of five consecutive 
years after last becoming a member is absent from service 
more than three years or if he withdraws his accumulated 
contributions, or becomes a beneficiary or dies, he shall 
thereupon cease to be a member. Notwithstanding the fore- 



88 Chapter 6 [1950 

going, the board of trustees may continue the membership 
of a member while in the armed forces or other emergency 
wartime service of the United States approved by the board 
of trustees provided such member does not withdraw his 
accumulated contributions. 

VI. No benefit under the retirement system other than 
return of contributions as provided in section 8 shall become 
payable" to or on account of any member unless said member 
was in service as a teacher at the time of becoming eligible 
for benefits hereunder. 

4. Creditable Service. I. With respect to service ren- 
dered prior to the date of establishment, each teacher in 
service on the date of establishment who becomes a member 
within one year thereafter shall file with the board of trustees 
on a form approved by the board a detailed statement of all 
service rendered by him in the state prior to the date of estab- 
lishment, provided that the board of trustees may waive filing 
of such statement in the case of any teacher for whom it has a 
satisfactory service record. The board shall fix and determine 
by appropriate rules and regulations how much service in any 
year is equivalent to one year of service, but in no case shall 
it allow credit for a period of absence without pay of more than 
a month's duration, nor shall more than one year of service be 
creditable for all service in a calendar year. Service rendered 
for the full normal working time in any year shall be 
equivalent to one year's service. Subject to the above re- 
strictions and to such other rules and regulations as the board 
may adopt, the board shall verify, as soon as practicable after 
the filing of such statements of service, the service therein 
claimed. 

II. Upon verification of the statements of service, the 
board shall issue a prior service certificate certifying to each 
member the length of service rendered prior to July 1, 1945 
with which he is credited on the basis of his statement of 
service, and, in addition, if the teacher was a member of the 
existing New Hampshire teachers' retirement system as 
established by chapter 136, Revised Laws, the length of any 
service rendered from July 1, 1945 to the date of establish- 
ment of this system during which the teacher made contri- 
butions to said existing system. Credit for service rendered 
in the period from July 1, 1945 to the date of establishment of 



1950] Chapter 6 89 

this system that is not otherwise creditable under this section 
may be obtained to the extent provided, and subject to the pro- 
visions of section 12, paragraph I (d), hereof. So long as 
membership continues a prior service certificate shall be final 
and conclusive for retirement purposes as to such service; 
provided, however, that any member may, within one year 
from the date of issuance or modification of such certificate, 
request the board to modify or correct his prior service certifi- 
cate. When membership ceases, a prior service certificate shall 
become void. Should the teacher again become a member, he 
shall enter the retirement system as a teacher not entitled to 
prior service credit except as provided in section 7 hereof. 

III. Creditable service at retirement on which the re- 
tirement allowance of a member shall be based shall consist of 
his membership service since he became a member, or since 
he last became a member in the event of a break in member- 
ship, and also, if he has a prior service certificate which is in 
full force and eff"ect, the period of service certified on his prior 
service certificate including the period of any service creditable 
under section 12, paragraph I (d), hereof. 

IV. Anything herein to the contrary notwithstanding, 
any teacher who prior to the date of establishment terminated 
his employment in order to enter directly into the armed forces 
of the United States or other emergency wartime service of the 
United States approval by the board of trustees, and who is a 
teacher in service on the date of establishment, shall be en- 
titled to prior service credit for the period of such military 
or other wartime service, provided he becomes a member of 
the retirement system within one year after the date of 
establishment. 

5. Service Retirement Benefits. I. Any member in 
service may retire on a service retirement allowance upon 
written application to the board of trustees setting forth at 
what time not less than thirty days nor more than ninety days 
subsequent to the filing thereof, he desires to be retired, pro- 
vided the member at the time so specified for his retirement 
has attained age sixty and nothwithstanding that during 
such period of notification he may have separated from service. 
Commencing July 1, 1951 the compulsory retirement age shall 
be age seventy, reduced by one year of age for each one-year 
period thereafter, until the compulsory retirement age becomes 



90 Chapter 6 [1950 

age sixty-five. At the end of a school year all members who have 
then attained the compulsory retirement age shall be retired 
forthwith; provided that upon the recommendation of the 
superintendent of schools the member may be granted an exten- 
sion in service year by year by the state board of education, 
but in no case beyond the end of the school year during which 
he attains age seventy. 

II. Upon service retirement the member shall receive 
a service retirement allowance which shall consist of : 

(a) A teacher annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of re- 
tirement; and 

(b) A state annuity which, together with his teacher 
annuity, shall be equal to one-eightieth his average final com- 
pensation multiplied by the number of years of his creditable 
service not exceeding forty years. 

6. Disability Retirement Benefits. L Upon the appli- 
cation of a member in service or of his employer, any member 
who has ten or more years of creditable service may be re- 
tired by the board of trustees on a disability retirement allow- 
ance, not less than thirty nor more than ninety days sub- 
sequent to the filing of such application; provided that a 
physician or physicians designated by the board of trustees, 
after a medical examination of such member, shall certify, and 
the board shall find, that he is mentally or physically in- 
capacitated for the further performance of duty, that such 
incapacity is likely to be permanent and that he should be re- 
tired. 

II. Upon disability retirement the member shall re- 
ceive a service retirement allowance if he has attained age 
sixty, otherwise he shall receive a disability retirement allow- 
ance which shall consist of : 

(a) A teacher annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of 
retirement ; and 

(b) A state annuity which, together with his teacher 
annuity, shall be equal to ninety per cent of the service retire- 
ment allowance that would be payable on the basis of his 
average final compensation and creditable service at the time 
of his disability retirement if such retirement allowance ex- 



1950] Chapter 6 91 

ceeds twenty-five per cent of his average final compensation 
reduced by one and one-eighth per cent per year for any years 
of service that would be creditable upon completion of con- 
tributions^mder section 12, paragraph I (d), hereof ; otherwise, 
a state annuity which, together with his teacher annuity, shall 
be equal to twenty-five per cent of his average final compen- 
sation less one and one-eighth per cent per year for any years 
of service that would be creditable upon completion of contri- 
butions under said section 12, paragraph I (d), but such allow- 
ance shall not exceed ninety per cent of the service retirement 
allowance that would be payable to him if he continued in 
service to age sixty without change in his average final com- 
pensation and without making any further contributions under 
said section 12, paragraph I (d). 

III. Once each year during the first five years follow- 
ing the retirement of a member on a disability retirement 
allowance, and once in every three-year period thereafter, the 
board of trustees may, and upon his application shall, require 
any disability beneficiary who has not attained age sixty to 
undergo a medical examination by a physician or physicians 
designated by the board, such examination to be made at the 
place of residence of such beneficiary or other place mutually 
agreed upon. If any disability beneficiary who has not attained 
age sixty refuses to submit to such medical examination, his 
state annuity may be discontinued by the board of trustees 
until his withdrawal of such refusal, and if his refusal con- 
tinues for more than a year, all rights in and to his state 
annuity may be revoked by the board. 

IV. If the board of trustees finds that any disability 
beneficiary is engaged in or is able to engage in a gainful 
occupation paying more than the difference between his retire- 
ment allowance and his average final compensation at retire- 
ment, then his state annuity shall be reduced to an amount 
which, together with his teacher annuity and the amount earn- 
able by him, shall equal his average final compensation at re- 
tirement. If his earning capacity is later changed, his state 
annuity may be further modified; provided that the new state 
annuity shall not exceed the amount of the state annuity 
originally granted nor an amount which, when added to the 
amount earnable by him together with his teacher annuity, 
equals his average final compensation at retirement. 



92 Chapter 6 [1950 

7. Restoration to Service. If a disability beneficiary is 
restored to service and if his annual earnable compensation 
then, or at any time thereafter, is equal to or greater than his 
average final compensation at retirement, or if any Qther bene- 
ficiary is restored to service, his retirement allowance shall 
cease, he shall again become a member of the retirement 
system and he shall contribute thereafter at the same rate he 
paid prior to his retirement. Anything herein to the contrary 
notwithstanding, any credit for membership service and for 
any prior service on the basis of which his creditable service 
was computed at the time of his former retirement shall be 
restored to full force and effect ; but if he is restored to mem- 
bership after the attainment of age fifty, upon subsequent re- 
tirement he shall receive a retirement allowance based on his 
service as a member since his last restoration to membership, 
plus a retirement allowance equal to the retirement allowance 
on which he was retired at the time of his last retirement, 
except that the total retirement allowance upon subsequent 
retirement shall not be a greater proportion of his average final 
compensation than the proportion to which he would have been 
entitled had he remained in service during the period of his 
prior retirement. 

8. Return of Members' Contributions. If a member 
ceases to be a teacher except by death or by retirement the 
amount of his accumulated contributions shall be paid to him 
within two months after his written request therefor, provided 
that if the teacher ceases to be a member because of absence 
from service for more than three years in any period of five 
consecutive years his accumulated contributions shall be paid 
to him within two months after the board is notified to that 
effect. If a member dies before retirement, the amount of his 
accumulated contributions shall be paid to the person, if any, 
nominated by him by written designation duly acknowledged 
and filed with the board of trustees, if such person survives 
him, otherwise to the estate of such deceased member. 

9. Optional Allowances. Until the first payment on 
account of. a retirement allowance becomes normally due, any 
member may elect to convert the retirement allowance other- 
wise payable on his account after retirement into a retirement 
allowance of equivalent actuarial value under one of the 
optional forms named below; provided, however, that no 



1950] Chapter 6 93 

election of an optional benefit shall be effective until sixty days 
after the date of the filing* of the election thereof with the 
board of trustees, or until sixty days after retirement, which- 
ever is the later, and if the member dies before such election 
bcomes 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 dur- 
ing the retired member's life, with the provision that at his 
death a lump sum equal in amount to the difference between his 
accumulated contributions at the time of his retirement and 
the sum of teacher annuity payments made to him during his 
lifetime shall be paid to the person, if any, nominated by him 
by written designation duly acknowledged and filed with the 
board of trustees if such person survives him, otherwise to the 
retired member's estate; or 

Option 2. A reduced retirement allowance payable during 
the retired member's life, with the provision that it shall con- 
tinue after his death for the life of the beneficiary nominated 
by him by written designation duly acknowledged and filed 
with the board of trustees at the time of retirement if such 
person survives him; or 

Option 3. 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 board of 
trustees at the time of retirement if such person survives 
him; or 

Option 4. A reduced retirement allowance payable during 
the retired member's life with some other benefit payable after 
his death, provided that such other benefit shall be approved by 
the board of trustees. 

10. Administration. I. The administration of this re- 
tirement system is hereby vested in a board of five trustees, 
two of whom shall be appointed by the governor with the 
advice and consent of the council. The other three trustees, to 
be known as ex officio trustees, shall be the commissioner of 
education, the state bank commissioner and the state treas- 
urer. The two appointive trustees, to be known as the member 
trustees, shall be appointed from a panel of five names to be 



94 Chapter 6 [1950 

selected by the New Hampshire State Teacher's Association 
from among the members of the system. A panel of five teach- 
ers shall be named by said association and filed with the secre- 
tary of state in advance of each such appointment. All 
vacancies shall be filled for the unexpired term and in like 
manner as the original appointments. Except as provided for 
the first appointees said trustees shall be appointed for a term 
of five years each and until their successors are appointed 
and qualified. The board of trustees shall elect from its 
membership a chairman and a vice-chairman. 

II. The board of trustees shall establish such rules and 
regulations as it deems necessary for the proper administration 
of the retirement system. 

III. The members of the board of trustees shall serve 
without compensation but shall be reimbursed for actual and 
necessary traveling and other expenses and disbursements in- 
curred or made by them in the discharge of their official duties. 

IV. Each trustee shall be entitled to one vote in the 
board of trustees. Three trustees shall constitute a quorum 
for the transaction of any business. Three votes shall be neces- 
sary for any resolution or action by the board at any meeting. 

V. The board of trustees, with the approval of the 
state classification board and the governor and council, may 
employ a secretary and such other assistants as may be neces- 
sary. It may engage such actuarial, medical, and like services 
as may be required to transact the business of the retirement 
system. The compensation for such special services, and all 
other expenses of the board necessary hereto, shall be paid at 
such rates and in such amounts as the board shall approve. 

VI. The board of trustees shall keep in convenient 
form such data as may be necessary for actuarial valuation of 
the various funds of the retirement system and for checking 
the experience of the system. 

VII. The board of trustees shall keep a record of all 
its proceedings. It shall annually make a report showing the 
fiscal transactions of the retirement system for the preceding 
fiscal year, the amount of the accumulated cash and securities 
of the system and the last balance sheet showing the financial 
condition of the system by means of an actuarial valuation of 
the assets and liabilities of the system, and shall file the same 
with the secretary of state. 



1950] Chapter 6 95 

VIII. Immediately after the establishment of the re- 
tirement system, and from time to time, as may be necessary 
by reason of changed conditions, the board of trustees shall 
adopt mortality and service tables for use in all calculations 
in connection with the system, and shall certify the rates of 
contribution payable under the provisions hereof. The board 
of trustees shall also determine from time to time the rate of 
regular interest for use in all calculations, with the rate of 
three per cent per annum compounded annually applicable from 
the date of establishment until changed by the board. 

IX. On the basis of regular interest and the tables last 
adopted by the board of trustees, the actuary shall make 
annual valuations of the contingent assets and liabilities of the 
funds of the retirement system. 

11. Management of Funds. I. The members of the 
board of trustees shall be the trustees of the several funds 
created hereby, and shall have full power to invest and re- 
invest such funds, subject to all the terms, conditions, limita- 
tions, and restrictions imposed by the laws of the state of 
New Hampshire upon domestic life insurance companies in the 
making and disposing of their investments; and subject to like 
terms, conditions, limitations and restrictions, said trustees 
shall have full power to hold, purchase, sell, assign, transfer 
and dispose of any of the securities and investments in which 
any of the funds created hereby have been invested, as well as 
the proceeds of such investments. The state treasurer shall 
be the custodian of the several funds of the retirement system. 

II. Except as otherwise herein provided, no trustee and 
no employee of the board of trustees shall have any personal 
interest in the gains or profits of any investment made by the 
board ; nor shall any trustee or employee of the board, directly 
or indirectly, for himself or as an agent, in any manner use the 
same except to make such current and necessary payments as 
are authorized by the board ; nor shall any trustee or employee 
of the board become an endorser or surety, or in any manner 
an obliger, for moneys loaned to or borrowed from the board. 

12. Method of Financing. All of the assets of the retire- 
ment system shall be credited, according to the purpose for 
which they are held, among four funds, namely, the teacher 
annuity savings fund, the teacher annuity reserve fund, the 



96 Chapter 6 [1950 

state annuity accumulation fund and the state annuity reserve 
fund. 

I. Teacher Annuity Savings Fund, (a) The teacher 
annuity savings fund shall be a fund in which shall be accumu- 
lated contributions from the compensation of members to pro- 
vide for their teacher annuities. Upon the basis of such tables 
as the board of trustees shall adopt and regular interest, the 
actuary shall determine for each member the proportion of 
earnable compensation which, when deducted from each pay- 
ment of his prospective compensation earnable prior to his 
attainment of age sixty and accumulated at regular interest 
until his attainment of that age, is computed to provide at that 
time one-half of the retirement allowance to which he will be 
entitled at that age on account of his service as a member. Such 
proportion of compensation shall be computed to remain con- 
stant. The proportion so computed for a member age fifty-nine 
shall be used for a member who has attained a greater age be- 
fore becoming a member of the retirement system. The board 
of trustees shall certify to the proper authority or officer re- 
sponsible for making up the payroll of each employer, and such 
authority or officer shall cause to be deducted from the com- 
pensation of each member, on each and every payroll of such 
employer for each and every payroll period, the proportion of 
earnable compensation of the member so computed. In de- 
termining the amount earnable by a member in a payroll 
period, the board may consider the rate of compensation pay- 
able to such member on the first day of a payroll period as 
continuing throughout the payroll period and it may omit 
deduction from compensation for any period less than a full 
payroll period if a teacher was not a member on the first day 
of the payroll period, and to facilitate the making of deductions 
it may modify the deduction required of any member by such 
an amount as shall not exceed one-tenth of one per cent of the 
annual earnable compensation upon the basis of which such 
deduction is made. The amounts deducted shall be reported to 
the board of trustees. Each of such amounts, when deducted, 
shall be paid to the retirement system at such times as may 
be designated by the board of trustees and credited to the in- 
dividual account, in the teacher annuity savings fund, of the 
member from whose compensation the deduction was made. 

(b) The deductions provided for herein shall be made 
notwithstanding that the minimum compensation provided for 



1950] Chapter 6 97 

by law for any member shall be reduced thereby. Every 
member shall be deemed to consent and agi'ee to the deductions 
herein provided as a condition of his membership. 

(c) In addition to the contributions deducted from 
the compensation of members as hereinbefore provided, sub- 
ject to the approval of the board of trustees, any member may 
redeposit in the teacher annuity savings fund by a single pay- 
ment or by an increased rate of contribution an amount equal 
to the amount he previously M^ithdrew from this system, or 
any part thereof ; or any member who will have less than forty 
years of creditable service at retirement may, subject to the 
approval of the board and to such rules as the board may pre- 
scribe, deposit therein by a single payment or by an increased 
rate of contribution an amount computed to be sufficient to 
purchase an additional teacher annuity, which, together with 
his prospective retirement allowance, will provide for him a 
total retirement allowance not in excess of one-half of his 
average final compensation at age sixty. Interest at such rates 
as may be set from time to time by the board of trustees shall 
be allowed on such contributions and shall be used in deter- 
mining the benefits payable from such contributions. In other 
respects, such additional amounts so deposited shall become a 
part of the member's accumulated contributions until retire- 
ment, at which time they shall be applied to provide a teacher 
annuity in addition to the retirement allowance otherwise pay- 
able at retirement. 

(d) Any teacher whose prior service under section 4, 
paragraph II, hereof, does not include credit for service as a 
teacher which he performed since July 1, 1945 to the date of 
establishment or any part of said period may, by filing written 
notice with the board of trustees within one year after the 
date of establishment elect to deposit in the teacher annuity 
savings fund by a single payment, or in installments as may be 
approved by the board, an amount equal to the contributions, 
with three per cent per annum compound interest thereon, 
which he would have made to the existing New Hampshire 
teachers' retirement system as estabHshed by chapter 136, Re- 
vised Laws, if he had been a member of that system from 
July 1, 1945 to the date of establishment or part thereof. If 
such deposit is made in a single payment, the member's 
creditable prior service shall thereupon be increased by the 



98 Chapter 6 [1950 

period of the aforesaid service. If such deposit is made in in- 
stallments, on each anniversary of the date of establishment 
his creditable prior service shall be increased to include the 
number of years of the aforesaid service for which he has de- 
posited an amount equal to the contributions as aforesaid, with 
three per cent per annum compound interest thereon, which he 
would have made during such years. Such amounts so de- 
posited shall become part of his accumulated contributions, but 
if upon retirement there remains any such amount not there- 
tofore applied to increased creditable prior service, such re- 
maining amount will then be returned to the member in a lump 
sum. 

(e) The accumulated contributions of a member 
withdrawn by him, or paid to his estate or to his designated 
beneficiary in event of his death, shall be paid from the teacher 
annuity savings fund. Upon the retirement of a member, his 
teacher annuity savings fund to the teacher annuity reserve 
fund. 

II. Teacher Annuity Reserve Fund. The teacher an- 
nuity reserve fund shall be the fund in which shall be held the 
reserves on all teacher annuities in force and from which 
shall be paid all teacher annuities. If a beneficiary is restored to 
membership, his teacher annuity reserve shall be transferred 
from the teacher annuity reserve fund to the teacher annuity 
savings fund and shall be credited to his individual account 
therein. 

III. State Annuity Accumulation Fund, (a) The 
state annuity accumulation fund shall be the fund in which 
shall be accumulated all reserves for the payment of all state 
annuities payable from contributions made by employers, and 
from which shall be paid all state annuities on account of 
members with prior service credit payable from such contri- 
butions. 

(b) The contributions of each employer for benefits 
under the retirement system shall consist of a percentage of 
the earnable compensation of its members to be known as the 
"normal contribution," and an additional percentage of such 
earnable compensation to be known as the "accrued liability 
contribution"; provided that any employer, other than the 
state, shall pay three-fifths of such total contributions, and 
two-fifths thereof shall be paid by the state; provided further 



1950] Chapter 6 99 

that in case of state employees the state shall pay both normal 
and accrued liability contribution. The rates per cent of such 
contributions shall be fixed on the basis of the liabilities of the 
system as shown by actuarial valuation. Until the first valu- 
ation, the percentage normal contribution rate shall be 4.43 
per cent and the percentage accrued liability contribution rate 
shall be 5.72 per cent. 

(c) Immediately after making each valuation during 
the period over which the accrued liability contribution is pay- 
able, the board of trustees shall determine the percentage 
normal contribution rate as the uniform and constant per- 
centage of the earnable compensation of the average new en- 
trant member which, if contributed on the basis of his com- 
pensation throughout his entire period of active service, would 
be sufficient to provide for the payment of any state annuity 
payable on his account from contributions by the employer. 
After the accrued liability contribution has ceased to be pay- 
able, the percentage normal contribution rate shall be de- 
termined after each actuarial valuation as the rate per cent 
of the earnable compensation of all members obtained by de- 
ducting from the total liabilities of the state annuity accumu- 
lation fund the amount of the funds in hand to the credit of 
that fund and dividing the remainder by one per cent of the 
present value of the future compensation of all members. 

(d) Immediately following the first actuarial valu- 
ation after the date of establishment, the actuary shall com- 
pute the rate per cent of the total annual earnable compen- 
sation of all members which is equivalent to three and one-half 
per cent of the total liabilities of the state annuity accumu- 
lation fund which is not dischargeable by the funds in hand 
to the credit of the state annuity accumulation fund and the 
aforesaid normal contribution made on account of such mem- 
bers during the remainder of their active service. The rate per 
cent originally so determined shall be known as the "accrued 
liability contribution" rate. The accrued liability contribution 
shall be discontinued as soon as the accumulated reserves in 
the state annuity accumulation fund equal the present value, 
as actuarially computed and approved by the board of trustees, 
of the total liabilities of the fund less the present value, com- 
puted on the basis of the normal contribution rate then in 



100 Chapter 6 [1950 

force, of the prospective normal contributions to be received 
on account of all members. 

(e) The total amount payable to the state annuity 
accumulation fund in each year shall be not less than the sum 
of the rates per cent known as the normal contribution rate 
and the accrued liability contribution rate, of the total com- 
pensation earnable by all members ; provided, however, that the 
amount of each annual accrued liability contribution shall be 
at least three per cent gi-eater than the preceding annual 
accrued liability payment, and provided that the aggregate 
payment by the employer shall be sufficient, when combined 
with the amount in the state annuity accumulation fund, to 
provide the state annuities payable out of the fund during the 
year then current. 

(f) All state annuities payable on account of mem- 
bers with prior service credit shall be paid from the state 
annuity accumulation fund. Upon the retirement of a member 
without prior service credit, an amount equal to his state 
annuity reserve shall be transferred from the state annuity 
accumulation fund to the state annuity reserve fund. 

(g) All interest and dividends earned on the funds 
of the retirement system shall be credited to the state annuity 
accumulation fund. The board of trustees annually shall allow 
regular interest on the individual accounts of members in the 
teacher annuity savings fund and on the mean amounts for 
the preceding year in the teacher annuity reserve fund and 
state annuity reserve fund, and shall transfer such amounts 
from the state annuity accumulation fund. 

(h) The board of trustees may in its discretion trans- 
fer to and from the state annuity accumulation fund the 
amount of any surplus or deficit which may develop in the re- 
serves held in the teacher annuity reserve fund or the state 
annuity reserve fund. 

IV. State Annuity Reserve Fund. The state annuity 
reserve fund shall be the fund in which shall be held the re- 
serves on all state annuities granted to members without prior 
service credit, and from which such state annuities shall be 
paid. If a beneficiary without prior service credit is restored 
to membership, his state annuity reserve shall be transferred 
from the state annuity reserve fund to the state annuity ac- 
cumulation fund. If the state annuity of a disability bene- 



1950] Chapter 6 101 

ficiary without prior service credit is reduced as a result of an 
increase in his earning capacity, the amount of the reduction 
shall be paid annually into the state annuity accumulation fund 
during the period of such reduction. 

V. Employer Contributions, (a) On or before the 
first day of October next preceding each regular session of the 
state legislature, the board of trustees shall certify to the 
comptroller the amounts which will become due and payable 
by the state during the biennium next following to the retire- 
ment system, and it shall be the duty of the comptroller in 
preparing the executive budget for each ensuing biennium to 
include in the budget the amounts so certified, which amounts 
shall be appropriated by the legislature. The board of trustees 
shall certify one-quarter of the amount appropriated for each 
year of the biennium to the state comptroller on or before the 
last day of September, December, March and June. 

(b) The governor and council shall, on or before the 
first day of October, January, April and July draw a warrant 
for the state's contribution due the retirement system, and on 
the receipt of each such warrant the state treasurer shall im- 
mediately transfer to the retirement system the amount due. 
At the beginning of each year commencing on the first day of 
July the board of trustees shall certify to each employer otlier 
than the state the percentage rates of contribution due the 
system from each such employer, and shall assess upon each 
such employer such percentages of the earnable compensation 
of members in its employ, and it shall be the duty of the treas- 
urer or other disbursing oflicer of each such employer to pay 
to the board of trustees by warrant such portion of the annual 
amount so assessed at such times and in such manner as the 
board of trustees may prescribe. Each such employer is hereby 
authorized to appropriate the sums necessary for the payment 
of such assessments. 

13. Rights and Privileges of Present Members of the New 
Hampshire Teachers' Retirement System. I. On and after 
July 1, 1950 no new member shall be added to the membership 
of the existing New Hampshire teachers' retirement system as 
established by chapter 136, Revised Laws. 

II. Any member of the existing system in service, or 
on an approved leave of absence, on July 1, 1950, shall become 
a member of this system as provided in section 3, paragraph II, 



102 Chapter 6 [1950 

hereof, unless he files an election not to be included in the 
membership as therein prescribed. Anything in section 4, 
paragraph II, hereof to the contrary notwithstanding, if he be- 
comes a member of this system within one year after July 1, 
1950 the service certified on his prior service certificate as 
provided in said section shall be not less than the service as a 
teacher with which he was credited as a member of the exist- 
ing system on July 1, 1950. 

III. Any former member of the existing system who 
has withdrawn from teaching service in the public schools of 
New Hampshire but whose accumulated contributions in the 
existing system have not been returned to him may become 
a member of this system under the same conditions as he might 
have been reinstated in the existing system. 

IV. At the time a member of the existing system be- 
comes a member of this system, the teachers' retirement board 
of the existing system shall transfer to this system the amount 
standing to the member's credit in the existing system, con- 
sisting of the member's contributions and state or employer 
contributions credited to this account, together with all in- 
terest credited on such amounts, and thereupon the teacher's 
membership in the existing system shall terminate and he shall 
have no further interest therein. The amount derived from 
the teacher's contributions with interest credits shall, when 
transferred to this system, be credited to his individual account 
in the teacher annuity savings fund as accumulated contri- 
butions; provided that any part thereof derived from contri- 
butions made prior to July 1, 1945 shall be used at the time of 
retirement to provide a teacher annuity in addition to the re- 
tirement allowance otherwise payable at retirement. The 
amount derived from employer contributions with interest 
credits shall, when transferred to this system, be credited to 
the state annuity accumulation fund. 

V. All retirement allowances to teachers retired under 
the existing system and in force on July 1, 1950 shall be paid 
thereafter from the state annuity accumulation fund created 
hereunder; provided that the part of any retirement allowance 
then in force which is provided from employer contributions 
shall be not less than the state annuity which would have been 
payable hereunder if the provisions hereof had been in force 
at the time of retirement and that no teacher shall get less 



1950] Chapter 6 103 

under the new system than is being received under the exist- 
ing system. 

VI. Within ninety days subsequent to July 1, 1950 the 
teachers' retirement board of the existing system shall trans- 
fer to the state annuity accumulation fund created hereunder 
cash and securities standing to the credit of the existing 
system having a value equal to the amount by which the total 
assets of the existing system then exceed the sum of the 
amounts standing to the credit of individual members of the 
existing system as of the date of such transfer. The residue 
of any appropriation by the state remaining on July 1, 1950 
for its contributions to the existing system, except the amount 
estimated to be necessary on account of any teacher in active 
service remaining in the existing system, shall be transferred 
and credited to the state annuity accumulation fund created 
hereunder. 

VII. If at any time there remain no teachers in active 
service who are members of the existing system, any cash and 
securities remaining to the credit of the existing system shall 
be transferred to the state annuity accumulation fund of this 
system as of a date, within ninety days thereafter, to be set 
by the teachers' retirement board of the existing system. The 
retirement allowances to or on account of retired teachers 
under the existing system being paid at the time of the trans- 
fer shall be continued thereafter and paid at their existing 
rates by this system, and the accrued liability contributions 
hereunder shall be adjusted to include any liabilities added to 
this system over and above the amount of assets so trans- 
ferred. Upon the date of transfer of such assets the existing 
system shall be discontinued. 

14. Approved Public Academies. I. Any approved 
public academy as defined in section 7-a of chapter 136, Re- 
vised Laws, which has teachers who become members of the 
existing New Hampshire Teachers' Retirement System as 
established by said chapter 136, or which prior to July 1, 1948, 
received the approval of the state board of education but 
failed to make its election within the period specified in said 
section 7-a, shall be an employer as defined in section 1, para- 
graph IV, hereof and the teachers of such academy shall be- 
come members of this retirement system as provided in sec- 



104 Chapter 6 [1950 

tion 13 hereof, regardless of membership in said existing 
system. 

II. The board of trustees of an approved public 
academy not included under the preceding paragraph may 
elect, by filing written notice with the board of trustees of this 
system, to participate in the retirement system with respect 
to its teachers, and upon such election and approval thereof by 
the board of trustees of this system, participation as an em- 
ployer as defined in section 1, paragraph IV, hereof shall be- 
come effective as of the date set by the board of trustees of 
this system, and the teachers of such academy shall be teach- 
ers for the purposes of this system. Such participation shall 
be subject to the following terms and conditions: 

(a) Membership in the retirement system shall be 
optional for teachers of such academy who are in the service 
of the academy on the date when participation becomes 
effective, and any such teacher who elects to become a member 
of this system within one year thereafter shall be entitled to 
a prior service certificate covering such period of previous 
service as shall be certified by such academy as creditable 
service rendered to such academy. 

(b) Membership shall be compulsory for all teachers 
entering the service of such academy after the date partici- 
pation becomes effective. 

(c) The actuary of this retirement system shall com- 
pute the rates of contribution payable by teachers who become 
members under the provisions of this section, and shall com- 
pute the contributions payable annually by the academy on be- 
half of such members, including accrued liability contributions 
on account of service rendered by its teachers prior to the 
effective date of its participation in this retirement system. 
The rate of such accrued liability contributions shall be de- 
termined by an actuarial valuation of the accrued liability on 
account of the teachers of such academy entitled to credit for 
such service, in the same manner as the accrued liability rate 
was originally determined for other members, and such rate 
as shall thus be determined in the case of each such academy 
shall be the individual accrued liability rate applicable to that 
academy. The accrued liability contributions, subject to such 
adjustment as may be necessary on account of any additional 
prior service credits that may be awarded from time to time 



1950] Chapter 6 105 

to teachers of such academy, shall be payable in lieu of the 
accrued liability contribution payable on account of other 
teachers in this system. The contributions of the academy shall 
be certified by the board of trustees to the chief fiscal oflficer of 
the academy in the same manner provided in section 12, para- 
graph V (b), hereof, and as and to the extent provided under 
section 12, paragraph III (b), hereof, for employers other than 
the state, and the amounts so certified shall be a charge against 
the academy. Such chief fiscal officer shall pay to the board 
of trustees the amounts certified as payable under the pro- 
visions of this subsection, and the board of trustees shall credit 
such amounts when received to the appropriate funds of the 
retirement system. The expense of making such initial valu- 
ation shall be assessed against and paid by the academy on 
whose account it is necessary. 

III. The participation of an approved public academy 
in this retirement system shall be irrevocable, but if an 
academy becomes financially unable to make its contributions, 
all state annuities of teachers in its service shall be reduced 
to such amounts as the contributions theretofore made on 
account of such annuities, together with future contributions 
of the academy, if any, will provide as determined by the 
board of trustees of this system on the basis of actuarial valu- 
ation. 

15. Exemption from Taxation and Execution. The right 
of a person to a state annuity, a teacher annuity or a retire- 
ment allowance or to the return of contributions, or the state 
annuity, teacher annuity or retirement allowance itself, or to 
any optional benefit or any other right accrued or accruing to 
any person under the provision hereof, and the moneys in the 
various funds created hereby, shall be exempted from any 
state, county or municipal tax in the state, and shall not be 
subject to execution, trustee process, attachment, or any 
other process whatsoever, legal or equitable, and shall be un- 
assignable except as herein specifically provided. 

16. Protection Against Fraud. Any person who shall 
knowingly make any false statement or shall falsify or permit 
to be falsified any record or records of this retirement system 
in any attempt to defraud the system as a result of such act, 
shall be fined not more than five hundred dollars, or im- 
prisoned not more than seven years, or both. Should any 



106 Chapter 6 [1950 

change or error in the records result in any member or bene- 
ciary receiving from the system more or less than he would 
have been entitled to receive had the records been correct, the 
board of trustees shall have the power to correct such error, and 
to adjust as far as practicable the payments in such a manner 
that the actuarial equivalent of the benefit to which such mem- 
ber or beneficiary was correctly entitled shall be paid. 

17. Limitation on Membership. This retirement system 
and the provision hereof shall not apply to any person bene- 
fited by or entitled to participate under any other provision of 
law which provides wholly or in part at the expense of the 
state for retirement benefits for teachers of the state, their 
widows, or other dependents. 

18. Separability Clause. If any provisions hereof, or the 
application thereof to any person or circumstance, is held in- 
valid, such invalidity shall not affect other provisions or appli- 
cations hereof which can be given effect without the invalid 
provision or application, and to this end the provisions hereof 
are declared to be severable. 

19. Bonds and Notes. In order to provide the funds for 
the payment of the accrued liability contribution of the state, 
the sum of five million eight hundred thousand dollars 
($5,800,000), or so much thereof as from time to time may be 
necessary, is hereby appropriated and the state treasurer is 
hereby authorized under the direction of the governor and 
council, to borrow upon the credit of the state a sum not ex- 
ceeding five million eight hundred thousand dollars and for 
that purpose may issue bonds or notes in the name and on be- 
half of the state. Such bonds or notes shall be deemed a 
pledge of the faith and credit of the state. 

I. The governor and council shall determine the form 
of such bonds or notes, their rate of interest, the dates when 
interest shall be paid, the dates of maturity, the places where 
interest and principal shall be paid, and the time or times of 
issue. Such bonds or notes shall be signed by the treasurer and 
countersigned by the governor. The treasurer may negotiate 
and sell such bonds or notes under the direction of the gover- 
nor and council in such manner as they may deem to be most 
advantageous to the state. 

II. Out of the proceeds of the sale of said bonds or 
notes the governor is authorized to draw his warrants for the 



1950] Chapter 6 107 

sum hereinbefore appropriated for the purposes of this chapter 
alone, and such sum or sums shall be deposited in the state 
annuity accumulation fund to cover the cost of the accrued 
liability, and may be invested with the other funds of the 
system. 

III. Said bonds or notes and interest thereon shall be a 
charge upon the sinking fund provided by chapter 126 of the 
Laws of 1931. 

IV. The secretary of state and the state treasurer shall 
keep account of said bonds or notes in the same manner as 
accounts are kept of other bonds or notes of the state. 

V. The appropriation made hereunder shall be a con- 
tinuing appropriation and shall not lapse. 

20. Public Bidding. All bonds or notes except short 
term loans issued under the provisions of this chapter 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. 

2. Term of Office of Present Board. At the effective date 
of this act the term of office of the members of the teachers' 
retirement board shall expire; provided, however, that Robert 
D. Bailey, a present member of the teachers' retirement board, 
shall be a member of the board of trustees until the expiration 
of his present appointive term, namely until November 29, 
1950, and Daniel W. MacLean shall be a member of the board 
of trustees until the expiration of his present appointive term, 
namely until November 29, 1951. Said persons shall be com- 
missioned as such trustees for the above mentioned terms. At 
the expiration of the term of office of said Robert D. Bailey a 
trustee shall be appointed for a term of four years and at the 
expiration of the term of office of said Daniel W. MacLean 
a trustee shall be appointed for a term of five years. 

3. Transfer of Powers and Duties, Equipment and Supplies. 

All powers and duties now conferred by law upon the teachers' 
retirement board shall be transferred to the trustees of the 
New Hampshire teachers' retirement system hereby consti- 



108 Chapter 6 [1950 

tuted, which trustees in addition to the duties imposed by this 
act shall be charged with the administration of the retirement 
system establshed under chapter 136, Revised Laws. All equip- 
ment and supplies purchased under the provisions of said 
chapter 136 on hand at the date of the passage of this act shall 
be turned over to the trustees and any balance of appropri- 
ation heretofore made for said teachers' retirement board shall 
be available for the trustees hereby constituted. 

4. Transfer of Personnel. All personnel of the teachers' 
retirement board shall, at the effective date of this act, be 
transferred and become personnel of the trustees of the New 
Hampshire teachers' retirement system hereby constituted at 
the same classification rate of compensation and with the same 
rights and privileges as if there had been no transfer. 

5. Appropriation. For the purpose of providing for the 
state's contribution in recognition of the public service 
rendered by the teachers in the public schools of this state, as 
hereinbefore provided, there is hereby appropriated for the 
normal contribution of the state annuity accumulation fund for 
the fiscal year ending June 30, 1951 the sum of $130,388.73. 

6. Transfers Between Retirement Systems. Amend section 
1 of chapter 104 of the Laws of 1947 by inserting after the 
words and figures "chapter 136, Revised Laws," the following, 
or chapter 136-B, Revised Laws, as inserted by the Laws of 
1950, so that said section as amended shall read as follows: 
1. Definitions. The words "retirement system" as used in 
this act shall mean and include the following (1) state em- 
ployees' retirement system as established by chapter 27-A of 
the Revised Laws, as inserted by chapter 183, Laws of 1945, and 
as including chapter 201, Laws of 1945, which extended the 
system to employees of political subdivisions, (2) New Hamp- 
shire teachers' retirement system as established by chapter 
136, Revised Laws, or chapter 136-B, Revised Laws, as in- 
serted by the Laws of 1950, (3) the firemen's retirement 
system as established by chapter 220, Revised Laws, and (4) 
the policemen's retirement system as established by chapter 
221, Revised Laws. 

7. Takes Effect. This act shall take effect as of July 1, 
1950. 

[Approved May 18, 1950.] 



1950] Chapter 7 109 

CHAPTER 7. 

an act providing for the construction of housing 

facilities for students and faculty at the 

University of New Hampshire. 

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

1. Appropriation. The sum of five hundred thousand 
dollars is hereby appropriated for the purpose of constructing, 
furnishing and equipping additional housing facilities for stu- 
dents and faculty at the University of New Hampshire. The 
appropriation hereby made and the sums made available for 
this project shall be expended by the trustees of the University 
under the direction of the governor and council, and the work 
shall be done in accordance with plans and specifications 
approved by said governor and council. All contracts for the 
purchase of equipment and the construction of all or any part 
of said buildings shall be let (1) at public sealed bidding, (2) 
only after an advertisement calling for bids has been published 
at least once in each of two successive calendar weeks in a 
newspaper of general circulation in New Hampshire, the first 
publication being not less than thirty days prior to the date 
the bids will be received, and (3) to the lowest responsible 
bidder. 

2. Borrowing-. In ordei- to provide funds for the appro- 
priation made in section 1 hereof the trustees of the University 
are hereby authorized to request the governor and council to 
borrow upon the credit of the state not exceeding the sum of 
five hundred thousand dollars. Said borrowing shall be made 
under the provisions of section 3 hereof. Provided, however, 
that the trustees may petition the governor and council for 
permission to borrow said sum under the terms of a federal act 
known as "Housing Amendments of 1949." In case the gov- 
ernor and council shall grant permission for borrowing under 
the federal act, the provisions of sections 4 and 5 hereof shall 
apply. 

3. State Bonds or Notes. The governor, upon receipt of a 
request from the board of trustees, and by and with the con- 
sent of the council, may direct the state treasurer to borrow 
upon the faith and credit of the state a sum not exceeding five 



110 Chapter 7 [1950 

hundred thousand dollars to be liquidated as provided in sec- 
tion 6. For that purpose the state treasurer is hereby author- 
ized, when so directed by the governor and council, to issue 
bonds or notes in the name and on behalf of the state with such 
rates of interest, in such form and denominations, with such 
dates of maturity and other provisions as the governor and 
council may determine. Said bonds or notes shall be signed 
by the treasurer and countersigned by the governor and shall 
be deemed a pledge of the faith and credit of the state. The 
secretary of state and the state treasurer shall keep accounts 
of such bonds or notes as are kept for other state bonds and 
notes. The state treasurer may negotiate and sell such bonds 
or notes by direction of the governor and council in such 
manner as they may determine to be most advantageous to 
the state. All such sum or sums thus realized shall be credited 
by the state treasurer to the University and shall be expended 
under the direction of the board of trustees for the aforesaid 
purpose. 

4. Federal Borrowing. In case the governor and council 
shall authorize the borrowing to be made under the federal act, 
the trustees of the University, under the direction of the gov- 
ernor and council, are hereby authorized to borrow upon the 
credit of the state not exceeding the sum of five hundred thou- 
sand dollars and for that purpose may issue notes or other 
obligations in such forms and denominations, with such 
maturities, and subject to such terms and conditions as may 
be prescribed by the housing and home finance administrator 
as may be necessary in order to secure a loan from said ad- 
ministrator for housing under the terms of a federal act known 
as "Housing Amendments of 1949." 

5. Application for Borrowing. If authority for federal 
borrowing is authorized the trustees of the University, under 
the direction of the governor and council, may make application 
to the housing and home finance administrator for a federal 
loan for the above-described housing facilities and are author- 
ized to execute such documents and perform such duties as 
may be necessary to carry out the purposes of this act. 

6. Powers of Trustees. The trustees of the University are 
authorized to maintain the facilities constructed hereunder 
and to collect rents therefrom. Such income shall be kept in a 



1950] Chapter 8 111 

separate fund from which shall be paid (1) maintenance of said 
facilities and other costs, (2) payment of annual interest on 
the federal or state borrowing, and (3) payment of install- 
ments of principal as the same become due, until such time as 
all obligations incurred by the University hereunder have been 
met and thereafter said facilities shall become part of the 
University property. 

7. Interpretation. It is hereby declared to be the intent of 
this act that the funds for the appropriation hereunder shall 
be borrowed either through state notes or bonds or federal 
borrowing, but not under both methods of financing. 

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

[Approved May 18, 1950.] 



CHAPTER 8. 

AN ACT MAKING ADDITIONAL APPROPRIATIONS. 

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

1. Emergency Fund. Any unexpended balance of the 
appropriation for the emergency fund for the executive branch 
provided by chapter 323, Laws of 1949, shall not lapse but shall 
be available for the same purposes until June 30, 1951, 

2. Additional Appropriation. In addition to the funds 
appropriated for the emergency fund for the executive branch 
as provided by chapter 324, Laws of 1949, there is hereby 
appropriated the sum of one hundred thousand dollars to be 
expended for the purpose of said fund. The governor is here- 
by authorized to draw his warrant for the appropriation here- 
under out of any money in the treasury not otherwise appro- 
priated. 

3. Toll Road Patrol. Amend chapter 295 of the Laws of 
1947 as amended by chapter 303 of the Laws of 1949 by in- 
serting after section 3 the following new section : 3-a. High- 
way Patrol. It shall be the duty of the superintendent of state 
police to maintain an adequate police patrol for the mainte- 
nance of law enforcement and public safety on said toll road. 
On or before the first day of April of each year the highway 



112 Chapter 8 [1950 

commissioner and superintendent of state police shall prepare 
an annual budget for the maintenance of said highway patrol. 
Said budget shall be approved by the governor with the advice 
and consent of the council. Said annual budget may be 
amended with said approval during any fiscal year if a change 
in conditions shall make such action necessary. The governor 
and council upon approval of the said budget shall direct the 
state highway commissioner to transfer from toll road receipts 
the amount of the budget to the appropriations of the state 
police department. 

4. State Police. There is hereby appropriated for the state 
police department, in addition to funds already authorized, the 
sum of fifteen thousand two hundred and fifty dollars for the 
purpose of inaugurating the toll road patrol. The funds hereby 
appropriated shall be available for expenditure from the date 
of the passage of this act until June 30, 1951, and the gover- 
nor is authorized to draw his warrant for said sums out of any 
money in the treasury not otherwise appropriated, provided 
that the sums hereby appropriated shall be a charge upon toll 
road receipts and the state general funds shall be reimbursed 
from said toll road receipts not later than June 30, 1951. 

5. Motor Vehicle Department. In addition to funds already 
appropriated for the fiscal year ending June 30, 1951, there is 
hereby appropriated the sum of two thousand five hundred 
dollars for the motor vehicle department for travel expenses. 
The sum hereby appropriated shall be a charge upon the 
revenues of said department. 

6. The Practice of Medicine. Amend section 10, chapter 
250 of the Revised Laws by striking out the word "twenty" 
in the second line and inserting in place thereof the word, 
thirty, so that said section as amended shall read as follows: 
10. Applicants. The board shall admit to examination any 
applicant who pays a fee of thirty dollars and submits satis- 
factory evidence in writing, verified by oath if required, that 
he is more than twenty-one years of age, of good moral char- 
acter, is a citizen of the United States or a Canadian province 
in which like privilege is granted to citizens of the United 
States, has completed satisfactorily two years' work in college, 
or has a preliminary education considered and accepted by the 
board as fully equivalent, has studied the treatment of human 



1950] Chapter 8 113 

ailments not less than four school years in a medical school 
maintaining at that time a standard satisfactory to the board, 
and has graduated from such school and has completed an in- 
ternship, approved by the board, of not less than twelve 
months. The provisions of this section may be suspended in 
whole or in part by order of the board on account of war or 
other threatened or existing national calamity. 

7. Examination. Amend section 13, chapter 250 of the 
Revised Laws, by striking out the word "twenty" in the fourth 
line and inserting in place thereof the word, fifty, so that said 
section as amended shall read as follows : 13. License With- 
out Examination. The board may register and license any 
applicant therefor who is legally qualified to treat human ail- 
ments or practice medicine in any state or country whose re- 
quirements the board deems equal to those in this state, upon 
a payment of a fee of fifty dollars. 

8. Children's Study Home. The appropriation provided by 
section 9 of chapter 279 of the Laws of 1947, and the authority 
to issue bonds or notes thereunder, relative to improvements 
at the children's study home, shall not lapse but shall be con- 
tinued and made available for the purposes of said section for 
the period from the passage of this act until June 30, 1951. 

9. Extension of Appropriation. Notwithstanding the pro- 
visions of section 13 of chapter 322 of the Laws of 1949, any 
unexpended balance of the appropriation made under the pro- 
visions of chapter 294 of the Laws of 1947 for replacement of 
a burned barn at Laconia state school shall not lapse on July 1, 
1950 but shall be available for repairs to roofs of buildings at 
Laconia state school, to be expended by the trustees of said 
school under the direction of the governor and council. 

10. Transfer of Appropriation. Notwithstanding the pro- 
visions of paragraph X of section 1 of chapter 322 of the Laws 
of 1949 or any other provision of said act, the governor and 
council may transfer and cause to be expended such part of 
the appropriation for Glencliff sanatorium provided in said 
paragraph X, to provide suitable quarters for custodial and 
maintenance employees, to provide adequate furnishings, to re- 
pair hydro-electric system and to repair existing flooring, as 
they deem to be necessary for the best interests of said insti- 
tution. 



114 Chapter 9 [1950 

11. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 18, 1950.] 



CHAPTER 9. 



AN ACT TO ESTABLISH A UNIFIED PERSONNEL SYSTEM FOR THE 
STATE. 

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

1. System Established. Amend the Revised Laws by in- 
serting after chapter 27-A as inserted by chapter 183 of the 
Laws of 1945 the following new chapter : 

Chapter 27-B 

1. Personnel. Within the department of administration 
and control there shall be a division of personnel under the 
executive direction of a personnel commission, for the recruit- 
ment, appointment, compensation, promotion, transfer, lay- 
off, removal, and discipline of state employees and for other 
incidents of state employment. 

2. Personnel Commission. There shall be a personnel 
commission of three members, not more than two of whom 
shall be of the same political party, hereinafter called the com- 
mission, and a director of personnel, with the powers and 
duties hereinafter enumerated. 

3. Organization of Commission. The members of the 
commission shall be appointed by the governor with the advice 
and consent of the council, and the first members shall be 
appointed within thirty days after the approval of this act. 
Of the members first appointed, one shall be appointed for a 
term of two years, one for a term of three years, and one for a 
term of four years. Thereafter each member shall be appointed 
for a term ending three years from the date of the expiration 
of the term for which his predecessor was appointed, and a 
person appointed to fill a vacancy shall be appointed for the un- 
expired term. Each member of the commission shall hold 
ofl^ice until his successor is appointed and qualified. The gov- 



1950] Chapter 9 115 

ernor shall designate one member as chairman of the commis- 
sion. No member of the commission shall be a member of any 
state or national committee of a political party, nor an officer 
or member of a committee in any partisan political club or 
organization, nor shall hold, or be a candidate for, any re- 
munerative elective public office during- his term of office and 
shall not be otherwise employed in any of the departments of 
the state government. One member shall be a member of the 
bar in the state. Members of the commission shall each he paid 
thirty-five dollars for each day devoted to the work of the com- 
mission, but not more than fifteen hundred dollars each in any 
one year. They shall be reimbursed for necessary travel in 
connection with their official duties. 

4. Removal. The governor and council may remove any 
member of the commission only as provided in section 48 of 
chapter 27 of the Revised Laws as inserted by chapter 231, 
Laws of 1947, as amended in the reorganization act of 1950. 

5. Meetings. The commission shall hold at least one 
meeting each month which shall be open to the public. Two 
members of the commission shall constitute a quorum. The 
personnel director shall act as the secretary of the commission. 

6. Duties of Commission. The commission shall : 

L Advise the governor and council on problems con- 
cerning personnel administration ; 

IL Make any investigation which it may consider de- 
sirable concerning the administration of personnel in the state 
service ; 

in. Make such rules and regulations, subject to the 
approval of the governor and council, as it shall deem necessary 
or proper to carry out its purposes; 

IV. Subject to the approval of the governor and coun- 
cil, establish a classification plan, and from time to time make 
revisions thereof, for all positions in the state classified serv- 
ice; provided, however, that the first classification plan estab- 
lished hereunder shall include the principles recommended by 
the governor's advisory committee on reclassification, but in 
detail shall not be limited by said recommendations ; 

V. Review and consider the operation of any com- 
pensation plan adopted as provided herein, or as hereafter 



116 Chapter 9 [1950 

adopted, and through its secretary transmit to the governor 
and council for their approval such changes as may from time 
to time be necessary to adapt the compensation plan to the 
changing needs of the state service; 

VI. Make an annual report to the governor and coun- 
cil and such special reports and recommendations as they may 
request. 

7. Director of Personnel. The commission, subject to 
the approval of the governor and council, shall appoint a 
director of personnel who shall be experienced in the field of 
personnel administration and who shall hold office during good 
behavior. The director may be removed by the governor and 
council only for cause and after being given a copy of the 
charges against him and an opportunity to be heard publicly 
on such charges before the governor and council. 

8. Salary. The director shall receive such compensation 
as the governor and council may determine. 

9. Deputy. The director, subject to the approval of the 
governor and council, shall designate an employee of the 
division to act as his deputy. The deputy shall exercise the 
duties of the oflSce of the director while the latter is absent or 
unable from any cause to act. 

10. Duties of Director. The director shall be the execu- 
tive officer of the commission and, under its direction and con- 
trol, supervise all its activities. It shall be his duty : 

I. To apply and carry out the provisions of this chapter 
and the rules and regulations made as provided herein ; 

II. To attend the meetings of the commission and be 
responsible for keeping a record of the proceedings; he shall 
transmit to each member and to the governor a report of each 
meeting; 

III. To establish and maintain a roster of all em- 
ployees in the state service, in which there shall be set forth, 
as to each employee, the class title of the position held; the 
salary or pay; a record of all changes in class title, pay or 
status ; and such other pertinent data as the commission shall 
direct ; 

IV. Within the limits of available appropriations and 
funds, to appoint under the provisions of the rules and 



1950] Chapter 9 117 

regulations made as provided herein, such employees of the 
division and such special assistants as may be necessary or 
desirable to carry out effectively the provisions of this chapter ; 

V. To foster and develop programs for the improve- 
ment of employee effectiveness, including training, safety, 
health and general welfare in cooperation with appointing 
authorities and others; 

VI. To encourage and exercise leadership in the 
development of effective personnel administration within the 
several departments in the state service, and to make available 
the facilities of the division of personnel to this end ; 

VII. To investigate from time to time the operation 
and effect of this chapter and of the rules and regulations made 
hereunder and to report his findings and recommendations to 
the commission and to the governor and council; 

VIII. To make an annual report of the work of the 
division, and such special reports as he may consider desirable, 
to the commission; 

IX. To perform any other duties which the commis- 
sion may consider necessary or desirable to carry out the pur- 
poses and provisions of this chapter ; 

X. To prescribe and submit to the commission for 
approval by said commission and by the governor and council, a 
code of rules for the classified service which shall provide 
for the classification, compensation, recruitment, selection, 
appointment, promotion, demotion, transfer, discipline, re- 
moval and lay-off of employees as well as for attendance, holi- 
days, leaves of absence, merit rating, and the hearing of 
appeals from employees under any provision of this chapter or 
the rules and regulations made pursuant thereto; 

XI. To consult with three classified employees who 
shall be designated by the state employees association, before 
submission of the code of rules for the classified service and at 
other times to foster and develop programs for improvement of 
personnel standards; 

XII. Subject to reasonable regulations as to the time 
and manner of inspection, to make available for public in- 
spection the records of the division, except such records as the 
rules may properly require to be held confidential ; 



118 Chapter 9 [1950 

XIII. To be responsible for the preparation, mainte- 
nance and revision of a position classification plan for all 
positions in the classified service, based upon similarity of 
duties performed and responsibilities assumed, so that the 
same qualifications may reasonably be required for, and the 
same schedule of pay may be equitably applied to, all positions 
in the same classification. After such classification plan has 
been approved by the commission, the director shall allocate the 
position of every employee in the classified service to one of 
the classifications in the plan; 

XIV. To activate the compensation plan, provided 
herein, and from time to time to recommend to the commission 
such changes in the compensation plan as may be necessary to 
adapt it to the changing- needs of state service ; 

XV. To develop a program for the recruitment, selec- 
tion and placement of qualified applicants for positions in the 
state classified service; 

XVI. To develop competitive examinations for classi- 
fications in the state classified service in programs for which 
funds are provided either in whole or in part by the federal 
government, as required by the federal standards for a merit 
system of personnel administration; such examinations may 
be developed for any other classifications. 

11. Hearing. Any employee affected by the allocation of 
a position in a classification shall, after filing with the director 
of personnel a written request for reconsideration thereof, be 
given a reasonable opportunity to be heard thereon by the 
director; any employee who is dissatisfied witli the ruling of 
the director shall have a right of appeal to the commission. 

12. Appeal. Any employee who is dismissed or de- 
moted or who is suspended for more than thirty days in any 
one year, may, within fifteen days after such dismissal, de- 
motion, or suspension, appeal to the commission for review 
thereof. Upon such review, both the appealing employee and 
the appointing authority whose action is reviewed shall have 
the right to be heard publicly. At the hearing of such appeals, 
the commission may establish such reasonable rules of pro- 
cedure and for the admission of evidence as it deems advis- 
able. If the commission finds that the action complained of 
was taken by the appointing authority for any political, re- 



1950] Chapter 9 llO 

ligious or racial reason, the employee shall be reinstated to his 
former position or a position of like seniority, status and pay, 
without loss of pay for the period of his suspension. In all 
cases, the commission may reinstate an employee or other- 
wise change or modify any order of the appointing authority, 
or make such other order as it may deem just. Any action 
or decision taken or made hereunder shall be subject to rehear- 
ing and appeal as provided in chapter 414 of the Revised Laws. 

13. Duties of State Officers and Employees. All officers 
and employees of the state shall comply with and aid in carry- 
ing out the provisions of this chapter and the rules and regu- 
lations made hereunder. Any employee in any department may 
be excused from his regular duties for the time required to 
assist in the preparation and rating of tests when designated 
by the director of personnel. 

14. Status of Present Employees. No employee in the 
state service on the effective date of this chapter shall be re- 
quired to take a written examination to remain in his present 
position; provided, however, that this provision shall not apply 
to those employees serving in a provisional capacity in 
positions in programs where federal standards for a merit 
system of personnel administration are applicable. No em- 
ployee in the state classified service on the effective date of 
this chapter shall lose accumulated vacation time or sick leave. 

15. Certification of Payroll Manifests. No state audit- 
ing or disbursing officer shall make or approve or take any part 
in making or approving any payment for services to any per- 
son holding a position in the state classified service unless the 
payroll manifest or account of such pay bears the certification 
of the director of personnel, or of his authorized agent, that 
the person named therein has been appointed and employed in 
accordance with the provisions of this chapter and the rules 
and regulations made hereunder. The director for proper cause 
may withhold certification from an entire payroll or from 
any specific item or items therein. 

16. Political Activities Prohibited. No person shall be 
appointed or promoted to, or demoted or dismissed from, any 
position in the classified service, or in any way favored or dis- 
criminated against with respect to employment in the classi- 
fied service because of his political opinions, religious beliefs 



120 Chapter 9 [1950 

or affiliations, or race; provided, however, that nothing- herein 
shall require the appointment or prevent the dismissal of any 
person who advocates the overthrow of the government by un- 
constitutional and violent means. No person shall use or 
promise to use directly or indirectly, any official authority or 
influence, whether possessed or anticipated, to secure or 
attempt to secure for any person an appointment or advantage 
in appointment to a position in the classified service, or an in- 
crease in pay or other advantage in employment in any such 
position, for the purpose of influencing the vote or political 
action of any person, or for any consideration. No employee in 
the state classified service shall hold any remunerative elective 
public office, or have other employment, either of which con- 
flicts with his employment. Determination of such conflict 
shall be made by the commission after consultation with the 
appointing authority. 

17. Penalty. If any person in state service, including 
members of the commission, shall wilfully violate any pro- 
vision of section 16 his position of service with the state shall 
be declared vacant by the governor and council. 

18. Classified Service and Exemptions. The classified 
service to which this chapter shall apply shall comprise all 
positions in the state service now existing or hereafter estab- 
lished, except: 

(a) Those elected by popular vote or by the legislature; 

(b) The members of the state tax commission ; 

(c) Those appointed and commissioned by the governor 
or the governor and council ; 

(d) The chief executive officer of each department and 
institution and independent ag-ency; 

(e) The deputy of any department head provided for 
by special statute ; provided, however, that the deputy of any 
department or agency which receives federal grants-in-aid 
shall be included in the classified state service ; 

(f ) Those officers whose salary is specified or provided 
by special statute ; 

(g) Personnel of the University of New Hampshire. 

19. Adoption of Plan. Upon the approval of the plan for 
the classification of salaries and positions by the governor and 
council as provided in paragraphs IV and V of section 6, they 



1950] Chapter 9 121 

shall declare such plan to be adopted and on the date of such 
declaration all officers and employees in the state service 
affected thereby shall use the titles, if any, assigned to them 
and they shall immediately receive such pay as the director of 
personnel shall determine, in conformity with said plan, pro- 
vided, however, 

I. That no employee shall receive less than the mini- 
mum salary established by said plan for his position ; 

II. That no employee shall receive less total compen- 
sation than he was receiving at the time of the declared 
adoption of said plan ; 

III. That no new employee shall receive more than the 
maximum salary established by said plan for his position ; and 

IV. That the salaries within the minimum and maxi- 
mum range shall be equitably determined. 

And provided further that the compensation determined 
for each classified state employee shall be effective as of July 1, 
1950 and the necessary retroactive payments shall be made to 
carry out this provision. 

2. Application of Statutes. As of the date when the gov- 
ernor and council shall declare the adoption of the classification 
plan as provided herein the classification plan board created by 
chapter 145 of the Laws of 1943, as amended, shall be abol- 
ished; said chapter 145 as amended by chapter 207, Laws of 
1945, chapters 126 and 262 of the Laws of 1947 and section 1, 
chapter 5 of the Laws of 1949 are hereby repealed ; sections 21 
and 22 of chapter 27 of the Revised Laws are hereby repealed ; 
sections 19 and 20 of chapter 27 of the Revised Laws as 
amended by chapter 196 of the Laws of 1947 are hereby re- 
pealed ; chapter 89 of the Laws of 1947 is hereby repealed ; and 
all other acts or parts of acts inconsistent with this act are 
hereby repealed to the extent of such inconsistency; provided, 
however, that nothing herein shall be construed as repealing 
the provisions of section 20-a of chapter 27 of the Revised Laws, 
as inserted by chapters 109 of the Laws of 1947 ; and nothing 
herein shall be construed as repealing the provisions of section 
3 of chapter 243 of the Laws of 1947 relative to additional 
compensation for long service employees who shall be entitled 
to such compensation in addition to their salaries as classified 
under the provisions of this act. 



122 Chapter 9 [1950 

3. Appropriations for Fiscal Year. All appropriations 
made by the legislature for the fiscal year ending June 30, 1951, 
carrying special amounts for the salaries of persons in the state 
classified service affected by this act shall, as of the date of 
declaration of adoption by the governor and council provided 
for by section 19, be deemed to be appropriations made for the 
activities of the particular persons in accordance with the 
classification plan. 

4. Appropriation; Personnel Division. The sum of thirty 
thousand dollars is hereby appropriated for the personnel 
division for the purposes of this act for the fiscal year ending 
June 30, 1951. The governor is hereby authorized to draw his 
warrant for said sums out of any money in the treasury not 
otherwise appropriated. 

5. Appropriation; Salaries. The sum of $1,273,781.30, or 

so much thereof as may be necessary, is hereby appropriated 
for additional amounts for salaries of persons in the state 
classified service, under this act, for the fiscal year ending 
June 30, 1951 ; the governor is authorized to draw his warrant 
for $968,887.70 of said sum out of any money in the treasury 
not otherwise appropriated ; the governor is hereby authorized 
to cause to be transferred from the special funds of the follow- 
ing agencies, departments and commissions, or their respective 
successors under the reorganization act of 1950, the following 
sums needed to cover said additional salaries of employees of 
said agencies, departments and commissions; and to draw his 
warrant for said purposes: 

Aerial tramway $3,792.80 

Aeronautics commission 1,054.90 

Barbers board 821.70 

Board of education 

technical institutes 8,514.00 

Fish and game 46,956.80 

Forestry 82.50 

Recreation 17,924.50 

Hairdressers board 524.70 

Highway 175,095.80 

Keene teachers college 15,585.90 

Motor vehicle 13,758.80 

Plymouth teachers college 13,508.00 

Prison industries 5,705.70 



1950] Chapter 10 123 



Racing commission 506.00 

Treasury (highway) 1,061.50 



$304,893.60 



Provided, however, that the governor is further authorized 
to increase or reduce the amount transferred from any special 
fund, as necessary to fulfill the needs of the personnel system, 
but such transfers from special funds shall not exceed the 
total of $304,893.60. 

The governor is hereby authorized to cause to be transferred 
such sums from federal funds as are or may become available 
to the respective agencies, departments and commissions to 
cover said additional salaries of employees of said agencies, 
departments and commissions, and he shall have authority to 
designate the agency or agencies to apply for, receive and ex- 
pend said federal funds for the purposes of this act. 

6. Continuity. Pending the declaration of adoption of the 
plan for classification as provided herein, the governor is 
authorized to do all things necessary to assure continuance of 
the present system of employment and compensation of em- 
ployees. 

7. Takes Effect. This act shall take effect upon its 
passage, except as otherwise provided herein. 

[Approved May 18, 1950.] 



CHAPTER 10. 



AN ACT RELATIVE TO CONSTRUCTION, RECONSTRUCTION AND 
BETTERMENT OF PRIMARY AND SECONDARY HIGHWAYS. 

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

1. Appropriation. The sum of one million dollars is hereby 
appropriated for the purpose of the construction and recon- 
struction 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, 



124 Chapter 10 [1950 

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 one 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. 
The treasurer may sell such bonds or notes under the direction 
of the governor and council provided all such bonds or notes 
shall be sold (1) at public sealed bidding, (2) only after an 
advertisement calling for bids has been published at least once 
in each of two successive calendar weeks in a newspaper of 
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 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 time shall 
the indebtedness of the state on such short-term loans exceed 
the sum of one million dollars. 



1950] Chapter 10 125 

6. Motor Vehicle Road Toll. Beginning with the final pay- 
ment of the bonds provided for by chapter 41 of the Laws of 
1929, as amended by chapter 151 of the Laws of 1933, chapter 
1, Laws of 1936, section 11, chapter 137, Laws of 1939, chap- 
ter 239, Laws of 1947, and chapter 198, Laws of 1949, 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 payment of the bonds and notes provided 
for by this act. Such additional motor vehicle road toll shall be 
collected in the manner now provided. A separate account of 
such additional motor vehicle road toll shall be kept by the 
state treasurer to which he shall add from time to time, at the 
direction of the governor acting with the advice and consent 
of the council, such sums from the separate account provided 
for by said chapter 41 as are not reasonably necessary for the 
payment of the bonds provided for by said chapter. The funds 
so held shall be used at the discretion of the governor, with 
the approval of the council, to pay the interest and principal of 
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 high- 
way 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 
proclamation terminate the further collection of the additional 
motor vehicle road toll hereby provided. 

7. State Office Building. Amend section 2 of chapter 322 
of the Laws of 1949 by striking out said section and inserting 
in place thereof the following: 2. Additional Appropriation. 
The sum of five hundred seventy-five thousand dollars is here- 
by appropriated for the purpose of the construction, equip- 
ment and furnishing of a new state office building. 

8. Expenditure of Funds. Amend section 3 of chapter 322 
of the Laws of 1949 by striking out said section and inserting 
in place thereof the following : 3. Expenditures. The appro- 
priations made for the purposes 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 referred to therein, provided that all con- 
tracts for projects and plans and specifications therefor shall 



126 Chapter 10 [1950 

be submitted to the governor and council and approved by the 
governor and council prior to the awarding of the contracts. 
The appropriation made and the sum made available for the 
project referred to in section 7 above shall be expended by the 
governor and council. 

9. Bonds or Notes. Amend section 8 of said chapter 322 
by striking out the last sentence of said section, so that said 
section as amended shall read as follows : 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. 

10. Payments. Amend chapter 322 of the Laws of 1949 by 
inserting after section 8 the following new section: 8-a. 
Sinking Fund. The state treasurer shall, during the life of 
any notes or bonds issued to provide funds for the appropri- 
ation made in section 2, establish and keep a separate account 
to be known as the State Office Building Sinking Fund Account 
into which shall be paid such amounts as the governor and 
council may determine to be proper and reasonable charges 
against departmental appropriations for space occupied in said 
building. There shall also be paid into said fund any premium 
received in connection with the sale of said bonds. In each 
fiscal year after the issuance of bonds or notes for said section 
2, the amount so paid into said fund shall be not less than one- 
twentieth of the principal amount of bonds issued hereunder, 
plus interest requirements. The funds in said account shall be 
applied to the payment of the interest and principal of the said 
bonds and notes issued for the construction of said new state 
office building, and costs incident to said bond or note issue. 

11. Lapse of Appropriation. The appropriation made un- 
der the provisions of section 2 of chapter 322 of the Laws of 
1949 shall not lapse as provided by that statute but shall be 
available for expenditure until July 1, 1953. 

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

[Approved May 18, 1950.] 



1950] Chapters 11, 12 127 

CHAPTER 11. 

AN ACT CORRECTING AN ADMINISTRATIVE DIFFICULTY IN THE LAW 
RELATING TO THE GROSS WEIGHT OF MOTOR VEHICLES. 

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

1. Gross Weight of Motor Vehicles. Amend paragraph IV 
of section 37, chapter 119, Revised Laws, as amended by 
chapter 11 of the Laws of 1947 and chapter 104 of the Laws of 
1949, by striking out said paragraph and inserting in place 
thereof the following: IV. A combination of vehicle and 
trailer or semi-trailer whose gross weight is more than fifty 
thousand pounds. 

2. Prohibited Gross Weights. Amend section 37, chapter 
119 Revised Laws, as amended by chapter 11 of the Laws of 
1947 and chapter 104 of the Laws of 1949 by inserting after 
paragraph IV, as hereinbefore amended, the following new 
paragraph : V. A vehicle of which any single axle shall bear 
a gross load in excess of twenty-two thousand pounds. 

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

[Approved May 18, 1950.] 



CHAPTER 12. 



AN ACT DEFINING CERTAIN TERMS UNDER THE FISH AND GAME 
LAWS AND RELATING TO LOBSTERS AND CRABS. 

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

1. Fish and Game Laws. Amend chapter 245 of the Re- 
vised Laws by inserting after section 42 the following new 
section: 42-a. Definition. The words "waters under juris- 
diction of this state" as used in this chapter shall include all 
coastal waters within the following described line : Beginning 
at the Massachusetts-New Hampshire boundary line between 
the towns of Salisbury, Massachusetts and Seabrook, New 
Hampshire; thence extending easterly to a line known as the 
line dividing the high seas from inland waters shown as a 



128 Chapter 12 [1950 

broken purple line on the United States Coast and Geodetic 
Survey of the East Coast, Portsmouth to Cape Ann (October 
1948) ; thence following said line in a northerly direction to a 
point where it intersects the Maine-New Hampshire boundary 
line extended easterly. 

2. Requirements; Fees. Amend section 42 of chapter 245 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 42. License. No person 
shall at any time place, set, keep, maintain, supervise, lift, 
raise or draw in, from any waters under the jurisdiction of this 
state, or in any way aid or assist in so doing, any pot, trap, 
warp, or any other device used in taking lobsters or crabs with- 
out first procuring a special license so to do; nor during the 
time from sunset to one hour before sunrise. Such license 
shall be issued by the director, under such rules and regula- 
tions and in such form as may be prescribed by him. The fee 
for such license shall be ten dollars, provided that if the per- 
son does not take lobsters or crabs for the purpose of selling 
the same and does not use more than ten traps, the fee for such 
limited license shall be three dollars. The fees and fines 
collected under the provisions of this subdivision and the ex- 
pense of enforcing same shall be accounted for separately by 
the director. 

3. Violations. Amend section 43 of chapter 245 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 43. Revocation; Suspension. 

Persons convicted for violation of the provisions pertaining to 
taking lobsters and crabs shall forfeit their license for not 
more than one year in the discretion of the director. If an 
appeal is taken the license shall be suspended pending the dis- 
position of said case and for not more than one year thereafter 
from date of conviction by the higher court. The director shall 
revoke the license of any person who has been found guilty in 
any court a second time within five years of the first finding 
of guilt, of a violation of any such laws or regulations, for a 
period of not less than one, nor more than three years from the 
date of such finding or conviction. The director may order any 
license to be suspended or revoked, after due hearing, for any 
cause that he may deem sufficient. Any person whose license 
has been revoked or suspended shall not accompany any 



1950] Chapter 12 129 

licensed fisherman or assist him in any way while he is en- 
gaged in taking or transporting lobsters or crabs. 

4. Inspection. Amend section 43-a of chapter 245 of the 
Revised Laws as inserted by chapter 278, Laws of 1947, by 
adding at the end thereof the following: Said lobster traps, 
pots, cars or devices shall be taken to a place of storage on the 
shore and shall be inspected by a conservation officer and such 
traps, pots, cars or devices shall not be placed in the water 
again by any other person until they have been inspected by 
a conservation officer and rebranded with the last name and 
initials of the new user in a manner satisfactory to the con- 
servation officer, so that said section as amended shall read as 
follows: 43-a. Removal of Devices. Any person whose 
license has been suspended shall within five days remove from 
the waters all lobster traps, pots, cars, or any device used in 
taking or storing of lobsters and crabs. Said lobster traps, 
pots, cars or devices shall be taken to a place of storage on the 
shore and shall be inspected by a conservation officer and such 
traps, pots, cars or devices shall not be placed in the water 
again by any other person until they have been inspected by 
a conservation officer and rebranded with the last name and 
initials of the new user in a manner satisfactory to the con- 
servation officer. 

5. Definition of Resident. Amend section 44 of chapter 245 
of the Revised Laws by inserting after the word "years" in 
the fourth line the word, immediately, so that said section as 
amended shall read as follows : 44. Who May Take Lobsters 
and Crabs. No person shall take lobsters or crabs from the 
waters of New Hampshire unless he is a bona fide resident of 
the state, and no license shall be issued to a person unless he 
shall furnish proof that he has resided within the state for at 
least five years immediately preceding this appKcation for a 
license and has not during that time claimed a residence in 
any other state for any purpose. 

6. Female Lobsters. Amend section 45 of chapter 245 of 
the Revised Laws by striking out the words "with a dis- 
tinctive mark" and inserting in place thereof the following: 
by a V notch not less than one-half inch in width at the widest 
point, in the middle flipper of the tail, so that said section as 
amended shall read as follows: 45. Distinctive Mark. Any 



130 Chapter 12 [1950 

person taking any female lobster carrying spawn shall im- 
mediately mark said lobster by a V notch not less than 
one half inch in width at the widest point, in the middle 
flipper of the tail, and return said lobster to the water. The 
director shall furnish to any person requesting the same a 
punch for the purpose of making such distinctive mark. 

7. Prohibitions. Amend chapter 245 of the Revised Laws 
by inserting after section 46 the following new section: 46-a. 
Female Lobsters. Whoever takes, buys, sells or has in his 
possession any female lobster bearing eggs or marked as 
specified in section 45 shall be fined ten dollars plus not more 
than ten dollars for each such female lobster involved, or im- 
prisoned for not more than ninety days or both. But a person 
who takes any such lobster and immediately returns it alive 
to the waters from which it was taken shall not be subject 
to such penalty. This section shall not apply to lobsters spawn- 
ing in cars or pounds if they are, upon discovery, immediately 
marked and liberated alive in the coastal waters, nor shall 
anything herein contained be construed as prohibiting the 
director or his agents from possessing and transporting female 
lobsters carrying spawn, or having the distinctive mark, for 
propagation purposes. 

8. Possession. Amend section 47 of chapter 245 of the Re- 
vised Laws as amended by chapter 114 of the Laws of 1943 by 
striking out said section and inserting in place thereof the 
following: 47. Legal Length. No person shall buy, sell, 
give away or expose for sale, or possess for any purpose, any 
lobster less than three and one-eighth inches in length alive or 
dead, cooked or uncooked, measured from the rear of the eye 
socket along a fine parallel to the center line of the body shell 
to the rear end of the body shell. Whoever ships, transports, 
carries, buys, gives away, sells or exposes for sale, or possesses 
for any purpose, lobster meat after the same shall have been 
taken from the shell without the tail meat being whole and 
intact, and of a length of less than four and one-quarter inches 
when laid out straight and measured from end to end, not in- 
cluding the small part that is on the body end of the tail meat, 
shall be liable to the penalty imposed for violation of this 
section. 



1950] Chapter 12 131 

9. Cooked Lobster. Amend chapter 245 of the Revised 
Laws by inserting after section 47 the following new section: 
47-a. Exceptions. Nothing in the provisions of section 47 
shall be construed to prevent hotels or restaurants serving 
cooked lobster to guests for immediate consumption as food 
from chopping meat taken from lobster of legal length in 
reasonable quantities for current use; nor shall said section 
prevent an individual from chopping lobster meat for im- 
mediate consumption for himself, his family or his guests. 

10. Equipment. Amend section 49 of chapter 245 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 49. Marking Pots and Traps. 

No person shall set any pot or trap for any lobster or crab 
without having the pot or trap and buoy attached, plainly 
carved or branded with his last name and initials. No person 
shall use or set in any tidal waters any car or other contrivance 
for holding or keeping lobsters or crabs without having such 
car or contrivance plainly marked with the last name and 
initials carved or branded thereon. Any pots, traps, cars or 
other contrivance used to catch or store lobsters or crabs in 
violation of any provision hereof and any lobsters or crabs 
therein shall be forfeited. 

11. Possession of Pots and Traps. Amend chapter 245 of 
the Revised Laws by inserting after section 49, as herein- 
before amended, the following new section: 49-a. Require- 
ments. On and after March 1, 1951 no person shall possess on 
the coastal waters of the state of New Hampshire or use 
therein any lobster trap or pot unless it shall have at the 
bottom on each side thereof an opening not less than one and 
five-eighth inches wide, which such opening shall at all time 
be maintained clear and undiminished. 

12. Penalties. Amend section 52 of chapter 245 of the 
Revised Laws as amended by section 2 of chapter 278 of the 
Laws of 1947 by striking out said section and inserting in place 
thereof the following: 52. Prohibition. If a conservation 
officer shall inform a person that his boat and its contents are 
about to be inspected, it shall be unlawful for said person to 
throw overboard or destroy any fish, lobsters, crabs, shellfish 
or any pot, trap, car, contrivance, bag, box or other receptacle 
used for storing or catching lobsters or crabs, or the contents 



132 Chapter 12 [1950 

thereof, or any other article or thing, or to cut loose any 
article or thing which may be dragging beside said boat, prior 
to such inspection. If any person shall refuse to stand by for 
such inspection he shall be subject to arrest. Any person 
violating the provisions of this section shall be fined not ex- 
ceeding one hundred dollars or imprisoned for not exceeding 
sixty days, or both, and the director shall suspend the license 
of such person to take lobsters and crabs for not exceeding one 
year. 

13. Wholesale Lobster Dealers. Amend chapter 245 of the 
Revised Laws by inserting after section 53 the following new 
section: 53-a. License. No person, firm or corporation shall 
engage in a wholesale trade in lobsters without first 
having procured from the director a written license therefor. 
The fee for a license, designated as a wholesale lobster 
dealer's license, shall be twenty-five dollars and shall 
entitle the holder to buy and sell and transport lobsters 
in wholesale trade within the state and to ship the same 
within and outside the state. Any person, firm or corpo- 
ration licensed under the provisions of this section that main- 
tains any facility for the buying of lobsters at any point other 
than his or their principal place of business, shall procure from 
the director for each such facility a supplemental license and 
the fee therefor shall be three dollars. Any person, firm or 
corporation that distributes lobsters or parts thereof, com- 
mercially, in bulk lots of more than fifty pounds for resale or 
processing and consumption by others than the purchaser, 
shall be classified as a wholesale dealer. Any dealer licensed 
under the provisions of this section, who buys lobsters in ex- 
cess of fifty pounds at one time, shall record the license number 
of the seller and shall keep such record for one year, which 
record shall be available for the inspection of any conservation 
officer of the department. 

14. Forfeiture of Licenses. Amend chapter 245 of the Re- 
vised Laws by inserting after section 53-a the following new 
section: 53-b. Revocation. Any person holding a license 
under sections 53 or 53-a who is convicted of a violation of the 
laws relating to lobsters and crabs shall forfeit such license 
for not more than one year from the date of conviction in the 
discretion of the director. 



1950] Chapter 13 133 

15. Change in Penalties. Amend section 56 of chapter 245 
of the Revised Laws by striking out the whole of said section 
and inserting in place thereof the following: 56. Penalties. 
Any person who violates a provision of this subdivision shall be 
penalized as follows : For a violation of sections 43-a, 44, 45, 
46, 46-a, 49, 49-a, 50, 53 or 53-a, a fine of not more than fifty 
dollars for each offense; for a violation of sections 42, 43, or 
48, a fine of not more than fifty dollars or imprisoned for not 
more than thirty days or both; for a violation of section 47, 
a fine of five dollars and not more than five dollars additional 
for each lobster or parts thereof involved, or imprisoned for 
not more than ninety days, or both. 

16. Appropriations. There is hereby appropriated for the 
administration of sections 2 through 16 of this act the sum of 
six thousand five hundred dollars for the fiscal year ending 
June 30, 1951. Said sum appropriated shall be a charge upon 
the general fund of the state. 

17. Saving Clause. Nothing herein contained shall in any 
manner affect the prosecution of any offense, relative to 
lobsters and crabs, committed prior to the passage of this act 
which said offense may be prosecuted or prosecution therefor 
continued under the provisions of sections 42 to 56 of chapter 
245 of the Revised Laws as they existed prior to the passage 
of this act. 

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

[Approved May 18, 1950.] 



CHAPTER 13. 



joint resolution for the appointment of a commission to 

study future needs of the university of 

New Hampshire. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That a special commission of five members shall be appointed 
by the governor, with the advice and consent of the council, 
for the purpose of investigating and studying the future policy 



134 Chapter 14 [1950 

and financial needs of the University of New Hampshire as 
outlined in chapter II of the report of the subcommittee on 
education, under a directive from the New Hampshire re- 
organization commission, submitted to the general court at 
this special session. Said special commission, organized here- 
under, shall report to the legislature, not later than January 
15, 1951, the results of its investigations and shall submit 
therewith drafts of legislation if any changes are recom- 
mended. Said commission shall serve without compensation 
but may be reimbursed for expenses incurred in the per- 
formance of duties hereunder. The sum of five hundred 
dollars is hereby appropriated for the purposes of this resolu- 
tion and the governor is authorized to draw his warrant for 
said sum out of any money in the treasury not otherwise appro- 
priated. 
[Approved May 11, 1950.] 



CHAPTER 14. 



JOINT RESOLUTION MAKING APPROPRIATION FOR EXPENSES IN 
CONNECTION WITH FOREST FIRES. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of $8,934.71 is hereby appropriated to pay 
for services of the Conway fire department, services of the 
North Conway fire department, and services and expenses of 
firemen rendered in the fires in Brownfield, Maine, in Porter, 
Maine and in Fryeburg, Maine in November 1947. The sum 
hereby appropriated shall be expended under the direction 
of the forest fire warden, Ledorique Savard, with the approval 
of the selectmen of the town of Conway and the forestry 
division of the forestry and recreation department. The gov- 
ernor is authorized to draw his warrant for said sum out of 
any money in the treasury not otherwise appropriated. 
[Approved May 18, 1950.] 



1950] Chapter 15 135 

CHAPTER 15. 

JOINT RESOLUTION IN FAVOR OF CLARENCE A. DUBOIS AND 
OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That Clarence A. DuBois, sergeant-at-arms of the house, be 
allowed the sum of $182; that John S. Ball, sergeant-at-arms 
of the senate, be allowed the sum of $162.50; that Cyril J. 
Fretwell, clerk of the house, be allowed the sum of $415 ; that 
Benjamin F. Greer, clerk of the senate, be allowed the sum of 
$332; that Cyril J. Fretwell, clerk of the house, receive the 
sum of $75 and Benjamin F. Greer, clerk of the senate, the 
sum of $50 ; said sums for services in preparing the permanent 
journal; said sums to be paid upon completion of page proofs 
of the journals and same are in the hands of the secretary of 
state; that Robert L. Stark, assistant clerk of the house, be 
allowed the sum of $320; that Frank M. Ayer, assistant clerk 
of the senate, be allowed the sum of $280; that Frank N. 
Jordan, custodian of mail and supplies of the house, be allowed 
the sum of $180; that John Twombly, Sherman L. Greer, 
Florence J. Danforth and Mabel L. Richardson, doorkeepers of 
the house be allowed the sum of $105 each; that Frank D. 
Gay, doorkeeper of the senate, be allowed the sum of $110; 
that Oney Russell, warden of the coat room of the house, be 
allowed the sum of $105 ; that Leon R. Hayes, assistant warden 
of the coat room of the house, be allowed the sum of $105; 
that Carl E. Wallace, library messenger of the house, be 
allowed the sum of $105; that Lloyd Fogg, telephone mes- 
senger of the house, be allowed the sum of $105 ; that Russell 
Bickford, telephone messenger of the senate, be allowed the 
sum of $110; that Rene Dufort, messenger of the senate, be 
allowed the sum of $110; that Earl Pollard, assistant 
messenger of the senate, be allowed the sum of $110; that 
Arthur L. Carpenter, speaker's page, be allowed the sum of 
$105 ; that James Martin, page, be allowed the sum of $115 ; that 
John W. Todd, page, be allowed the sum of $105 ; that Frank 
Burr, page, be allowed the sum of $105 ; that Thurber Jewett, 
page, be allowed the sum of $105 ; that Edward Baker, page, be 
allowed the sum of $105 ; that Alice V. Flanders, house stenog- 
rapher, be allowed the sum of $216 ; that Bessie A. Callaghan, 



136 Chapter 15 [1950 

senate stenographer, be allowed the sum of $198; that Grace 
J. White, senate stenographer, be allowed the sum of $176; 
that Margaret L. Ford, house stenographer, be allowed the sum 
of $126 ; that Helene H. Wester, house stenographer, be allowed 
the sum of $126; that Helen Y. Andrews, judiciary stenog- 
rapher, be allowed the sum of $184; that Marion C. Colby, 
appropriations stenogi^apher, be allowed the sum of $176 ; that 
Esther T. Hurd, speaker's stenographer, be allowed the sum of 
$149.50; that Alice P. Boutwell, mileage clerk, be allowed the 
sum of $162.50; that Palmer C. Read, judiciary messenger, be 
allowed the sum of $110; that Eugene C. Williams, appropri- 
ations messenger, be allowed the sum of $110; that Gordon 
M. Tiffany be allowed the sum of $1,832.50 for professional 
services, the sum of $204.95 for expenses, and $1,000 as 
legislative counsel ; that C. Murray Sawyer be allowed the sum 
of $1,820 for professional services and the sum of $127.20 for 
expenses; that Winslow H. Osborne be allowed the sum of 
$2,000 for professional services, the sum of $12.50 for ex- 
penses, and $500 as legislative counsel ; that the superintendent 
of state buildings and gi'ounds be allowed the sum of $167.63 
for extra janitor services; that each of the following be 
allowed the sum opposite his name for mileage on official busi- 
ness of the house on May 8, 1950 : Blaylock Atherton, $6.74 ; 
George Boynton, $4.58; Kenneth Bell, $8.15; Oren Henderson, 
$6.50; Ansel Sanborn, $8.65; Joel S. Daniels, Sr., $3.90; Elmer 
Tilton, $5.54 ; Oscar W. Billings, $9.75 ; Tony 0. Russell, $7.94 ; 
Edmond J. Stapleton, $3.20; Marjorie M. Greene, $0.40; 
Maude B. Richards, $7.46; George B. Currier, $17.95; Dean 
Merrill, $8.25; David Barry, $7.10; Maurice H. Cummings, 
$7.46; Louis W. Paquette, $7.04; Gardner C. Turner, $8.50; 
Rae S. Laraba, $8.25; Fred Wadleigh, $6.10; Charles Holden, 
$10.10; Arthur L. Hamilton, $13.75; Mabel Thompson Cooper, 
$6.92; Edith Banfield, $8.25; Burritt H. Hinman, $16.75; Glenn 
L. Wheeler, $6.02 ; Winifred G. Wild, $12.20 ; James B. Perry, 
$8.75; A. Kenneth Hambleton, $3.80; C. Murray Sawyer, 
$0.50; Laurence Pickett, $8.65; that each of the following be 
allowed the sum opposite her name for secretarial services: 
Louise McGrail, $56.25 ; Ann Rathbun, $76.88 ; Ann Duncklee, 
$71.87; Katherine Dort, $3.75; Carol Sturtevant, $4.38; 
Nathalie Douillette, $73.74 ; that Marion Alexander, legislative 
assistant, be allowed the sum of $100. 



1950] Chapter 16 137 

The legislative service in the office of the attorney-general, 
provided by chapter 56 of the Laws of 1947, shall prepare for 
the secretary of state an index of laws passed at this special 
session. 

That a sum not to exceed $4,000 be appropriated to be ex- 
pended by the director of purchase and property with the 
advice and consent of the speaker of the house of represen- 
tatives and the chairman and clerk of the committee on appro- 
priations for the purpose of improving the public address 
system and appurtenant facilities in the hall of the house of 
representatives. 

The above mentioned sums shall be a charge on the appro- 
priation for expenses of the legislature. 
[Approved May 18, 1950.] 



Note 

In addition to the preceding public acts there are the follow- 
ing public acts included within the provisions of chapter 16: 
County jails, section 9; commercial operator's licenses for 
motor vehicles, section 17 ; employment of commercial operator 
of motor vehicles, section 18, and reclassification of highway in 
the town of Ossipee, section 19. 



PRIVATE ACTS 

CHAPTER 16. 

AN ACT RELATING TO THE POWERS OF CERTAIN MUNICIPAL AND 

PRIVATE CORPORATIONS, AND CERTAIN COUNTIES, AND 

CLARIFYING A CERTAIN PROVISION OF THE MOTOR 

VEHICLE LAWS. 

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

1. Lebanon Water Works; Proceedings Legalized. The 

votes and proceedings at the annual meeting of the Lebanon 
Water Works on the twenty-first day of March, 1950 are here- 
by legalized, ratified and confirmed. 



138 Chapter 16 [1950 

2. Amherst Village District ; Authorization. The Amherst 
Village District is hereby authorized to incur an indebtedness 
in an amount not exceeding one hundred fifty-five thousand 
dollars, including the amount authorized by chapter 72 of the 
Revised Laws as amended, for the purpose of constructing 
such water works system as it may deem necessary for the use 
of its inhabitants and others. 

3. Amherst Village District; Issuance of Bonds or Notes. 

For the purpose and to the extent set forth in section 2 of this 
act, the Amherst Village District is hereby authorized and 
empowered to issue serial notes or bonds in accordance with 
the remaining provisions of chapter 72 of the Revised Laws 
as amended by chapter 5, Laws of 1947 and chapters 120 and 
78 of the Laws of 1949; provided, however, that said notes or 
bonds may be made due and payable at such times not more 
than thirty years from the date of issue as the district com- 
missioners may determine. 

4. Amherst Village District; Exception. In ascertaining 
and fixing the debt limit of the town or school district of 
Amherst under the provisions of chapter 72 of the Revised 
Laws as amended, all indebtedness incurred under the author- 
ity of this act shall be excluded. 

5. Amherst Village District; Application of General Laws. 

Except as otherwise provided by this act the provisions of 
chapter 72 of the Revised Laws as amended, shall apply to the 
serial notes or bonds herein authorized. 

6. Amherst Village District; Proceedings Legalized. The 

proceedings and votes of the meeting of the Amherst Village 
District held March 24, 1950 are hereby legalized, ratified and 
confirmed, so far as they relate to the appropriation and issu- 
ance of serial notes and bonds for the purposes set forth in 
section 2 of this act. 

7. Town of Goffstown; Sewer System. The votes of the 
town of Goffstown at its annual meeting on March 14, 1950 to 
finance the cost of constructing a sewer system in the Pinard- 
ville district, and the construction of extensions to the present 
sewer system in Goffstown village by the issue of bonds in the 
sum of one hundred and ninety-one thousand dollars, are here- 
by ratified, legalized and validated; and the authority of the 



1950] Chapter 16 139 

selectmen and of the treasurer to execute such bonds and to 
affix the town seal in behalf of the town, and the authority of 
the selectmen to fix the time and place of payment and the rate 
of interest of such bonds and to arrange the sale thereof, are 
hereby confirmed and the debt limitations of section 7 of 
chapter 72 of the Revised Laws are abrogated as to these bonds 
to the extent necessary to make them valid obligations of the 
town, provided, however, that the maturity dates of said bonds 
shall conform to the provisions of section 3 of chapter 72 of 
the Revised Laws, as amended by chapter 120 of the Laws of 
1949. 

8. Laconia Hospital Association. Amend section 3 of 
chapter 259 of the Laws of 1907 by striking out said section 
and inserting in place thereof the following: Sect. 3. There 
shall be elected by the members of the Laconia Hospital Asso- 
ciation a board of trustees, of such number as they shall de- 
termine, who shall have the management of the affairs of the 
association; shall have custody and control of all property, 
real and personal, given, granted, donated, bequeathed, or de- 
vised, or otherwise transferred to said corporation, and who 
shall have such further powers and duties as may be defined 
in by-laws heretofore adopted or hereafter amended ; and title 
to all property, real and personal, which has been heretofore 
vested in the board of trustees by said section shall hereinafter 
be vested in the corporation. 

9. Designation of County Jails. Amend chapter 461, 
section 7 of the Revised Laws by striking out said section 7 
and inserting in place thereof the following: 7. Strafford, 
Cheshire, Merrimack and Sullivan Counties. All prisoners 
sentenced to jail by any court within the counties of Strafford, 
Cheshire, Merrimack and Sullivan shall be committed to the 
houses of correction at the county farms in said counties un- 
less the judge sentencing the prisoners shall designate some 
other jail within the state for such confinement. Said houses 
of correction are designated as jails for the confinement of 
prisoners. In the event that a prisoner is sentenced to either 
the Strafford, the Cheshire, the Merrimack, or the Sullivan 
house of correction, the committing magistrate may, 
while said sentence is in effect, designate some other jail within 
the state for such confinement for the balance of the term of 
said prisoner's sentence upon good cause being shown by the 



140 Chapter 16 [1950 

county commissioners of either Strafford, Cheshire, Merrimack 
or SulHvan counties. The expenses of removing and maintain- 
ing such prisoner shall be defrayed by the county from which 
he is removed. 

10. Hillsborough School District Union; Name. The Hills- 
borough Town School District and the Hillsborough Special 
School District shall constitute a single school district to be 
called the School District of the town of Hillsborough. 

11. Hillsborough School District; Powers. The school 
board of the consolidated district shall be agents of the 
uniting districts for the administration of any trust property, 
shall have all the powers and perform all the duties prescribed 
by law relating to school boards of school districts, and, except 
as may be inconsistent herewith, shall be subject to the pro- 
visions of the statutes of New Hampshire relating to the public 
schools. 

12. Hillsborough School District; Authority to Take 
Property. The consolidated district shall be subject to all the 
liabilities and take over, own, and control all the buildings and 
other property which each of the districts hereby united shall 
have at the time this act becomes effective, and neither of the 
uniting districts shall be assessed any charges whatsoever to 
reimburse the other district for the property so transferred 
to the new consolidated district. 

13. Hillsborough School District; Members of the Board. 

The school board of the consolidated district shall consist of 
six members for a period of at least three years, and the 
present members of the school boards of the Hillsborough 
Town School District and of the Hillsborough Special School 
District shall continue as members of the school board of the 
new consolidated district until the expiration of the term of 
office for which each has been elected. The school board of each 
district shall continue to manage the finances and the treas- 
urer of each district be continued in office of such district un- 
til the end of the fiscal year this act takes effect. As the terms 
of the present members of the board of the consolidated dis- 
trict expire, new members shall be chosen as will make the total 
membership of the said board as is herein provided with three 
members from each of the uniting districts during the first 
three years of such consolidation. 



1950] Chapter 16 141 

14. Hillsborough School District ; First Meeting. The first 
meeting of the consoUdated district shall be held within forty- 
five days after the passage of this act, to consider the im- 
mediate building of a new elementary school for the 
consolidated district, to raise and appropriate such sums of 
money as may be necessary to construct such new school build- 
ing together with incidental expenses, and to transact any 
other necessary business of said new district provided, how- 
ever, if said meeting fails to vote to build at once, and raise 
and appropriate sufficient money to so build an elementary 
school building adequate to house all the pupils in the first six 
grades in the district, then sections 10, 11, 12, 13 and 14 shall 
become null and void immediately and the pre-existing dis- 
tricts automatically re-established as though this act had never 
been passed and been in effect. The warrant for said first meet- 
ing of the consolidated district shall be issued by, and the 
voters thereby warned of said meeting, by the school boards 
of the districts hereby united, acting jointly; and said meeting 
for the purposes of raising and appropriating the money neces- 
sary to build a new school, shall have the same authority as 
an annual district meeting. 

15. Application of Statutes. Any acts inconsistent with 
the provisions of sections 10 to 14 of this act are repealed to 
the extent of such inconsistencies. 

16. Sisters of Holy Cross; Powers Increased. The Sisters of 
Holy Cross and Seven Dolors, a voluntary corporation formed 
under the provisions of chapter 272 of the Revised Laws of 
New Hampshire in the year one thousand nine hundred and 
fifty, and carrying on its activities in Manchester in the County 
of Hillsborough, is hereby authorized and empowered to 
establish, maintain and direct in the said city of Manchester, 
a college for the higher education of women to be called 
"Notre Dame College" or "College Notre Dame"; to prescribe 
the rules for the government of said college and the course of 
studies to be pursued therein, and to confer upon the graduates 
thereof the degree of bachelor of arts, bachelor of science, 
bachelor of education, bachelor of music and such other de- 
grees and diplomas as are conferred by institutions of like 
character. 



142 Chapter 16 [1950 

17. Farm Vehicles. Amend section 15 of chapter 117 of 
the Revised Laws as amended by section 6, chapter 189 of the 
Laws of 1949, 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, or except a motor 
truck bearing agricultural or farm registration, unless 
specially licensed as a commercial operator by the commissioner 
and such license shall cover the operation of any motor vehicle. 

18. Commercial Operator. Amend section 17 of chapter 
117 of the Revised Laws as amended by section 8, chapter 189, 
Laws of 1949, by striking out said section 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, 
except a motor truck bearing agricultural or farm registration, 
unless such operator holds a commercial operator's license. 

19. Reclassification of Highway in Ossipee. The highway in 
the town of Ossipee running from Route 16 to Route 25 on the 
westerly side of the Bearcamp River and known as the Bear- 
camp Road, now classified as Class II highway, shall here- 
after be classified as a Class V highway. The provisions of 
section 1, chapter 18, Laws of 1949, shall not apply to the town 
of Ossipee for the year 1950. 

20. Lebanon Town Meeting Legalized. The votes and pro- 
ceedings at the annual town meeting of the town of Lebanon 
on the fourteenth day of March, 1950, are hereby legalized, 
ratified and confirmed. 

21. Wakefield Town Meeting. The votes and proceedings 
at the annual town meeting in the town of Wakefield on the 
fourteenth day of March, 1950, are hereby legalized, ratified 
and confirmed. 

22. Stone Pond in Marlborough. The town of Marl- 
borough is hereby authorized to take water for the purposes 
of a municipal waterworks from Stone pond, which is partially 
in the town of Marlborough and partially in the town of Dublin, 
provided that before June 1, 1952, said town, at a meeting 
duly called for the purpose, votes to establish a municipal 
waterworks and to acquire necessary land or water rights 



1950] Chapter 16 143 

under the provisions of chapter 56, Revised Laws, and other 
applicable statutes. 

23. Roxbury Town Meeting. The votes and proceedings at 
the annual town meeting in the town of Roxbury on the four- 
teenth day of March, 1950, are hereby legalized, ratified and 
confirmed. 

24. Milan School District. The votes and proceedings of 
the special meeting of the school district of the town of Milan 
held on May 2, 1950, are hereby legalized, ratified and con- 
firmed. 

25. Hampstead Town Meeting. The votes and proceedings 
of the special town meeting held in the town of Hampstead on 
September 23, 1949, relative to election of officers, are hereby 
legalized, ratified and confirmed. 

26. Wolfeboro Village Fire Precinct. Amend sections 9 
and 10 of chapter 443 of the Laws of 1949 by inserting after 
the word "hundred" where it occurs in said sections the words, 
and fifty, so that said sections as amended shall read as 
follows: 9. Wolfeboro Fire Precinct, Additional Debt 
Authorized. The village fire precinct of the town of Wolfe- 
boro is hereby authorized to incur indebtedness in an amount 
not exceeding one hundred and fifty thousand dollars for the 
purpose of improving its electric light plant, extending its 
electric hnes and for delayed maintenance, said amount to be in 
addition to the amounts already authorized by law. 10. 
Bonds Authorized. In accordance with section 9 hereof, the 
commissioners of the village fire precinct of the town of Wolfe- 
boro are hereby empowered and authorized to issue for and in 
behalf of said district serial notes or bonds to an amount not 
exceeding one hundred and fifty thousand dollars for the pur- 
poses specified in said section 9. Said notes or bonds shall be 
issued in conformity with the provisions of chapter 72 of the 
Revised Laws excepting as may be otherwise provided in 
sections 9, 10, and 11 hereof. 

27. Stratford Town Meeting. The votes and proceedings of 
the town meeting held in the town of Stratford on March 14, 
1950, are hereby legalized, ratified and confirmed. 

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

[ApprovedMay 18, 1950.] 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 
JANUARY SESSION OF 1951 



CHAPTER 1. 



AN ACT PROVIDING A 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 regulation promulgated 
by the director of fish and game, would close on January 15, 
1951, is hereby extended so that pickerel may be taken from 
said waters until January 31, 1951. 

2. Application of Statutes. Except in so far as may be 
otherwise provided under the provisions of section 1 hereof, 
all provisions relative to taking pickerel as provided in fish and 
game laws shall remain in force. 

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

[Approved January 11, 1951.] 



CHAPTER 2. 

AN ACT NAMING THE SUMMIT OF WOLF HILL IN DEERING. 

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

1. Name Given. The summit of the mountain known as 
Wolf Hill in the town of Deering is hereby named Clark's Sum- 
mit. This name is given in honor of the late Chaplain Clark 
Vandersall Poling. 

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

[Approved January 24, 1951.] 



146 Chapters 3, 4 [1951 

CHAPTER 3. 

AN ACT NAMING MOWGLIS MOUNTAIN. 

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

1. Name Given. On and after the date of the passage of 
this act, the peak with an elevation of about 2,400 feet, located 
about five miles west of Newfound Lake on a ridge about one 
mile southwest of Oregon Mountain in Grafton County, shall 
be known as Mowglis Mountain. 

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

[Approved February 1, 1951.] 



CHAPTER 4. 



AN ACT RELATING TO THE APPROPRIATION FOR TIMBER TAX 
REIMBURSEMENT FUND. 

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

1. Forest Conservation and Taxation. Amend sections 12 
and 13 of chapter 79-A of the Revised Laws as inserted by 
chapter 295 of the Laws of 1949 by striking out the figure 
"300,000" where it occurs in said sections and inserting in 
place thereof the figure, 360,000, so that said sections as 
amended shall read as follows: 

12. Reimbursement Fund Created. There is hereby ap- 
propriated the sum of $360,000, to be raised in the manner 
hereinafter provided, which sum shall constitute the reim- 
bursement 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 tlie 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 



1951] Chapter 5 147 

draw his warrant to create the reimbursement fund as au- 
thorized in the preceding- section, the treasurer is hereby 
authorized 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 $360,000 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 
improvement and recreational fund estabhshed 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 matur- 
ity 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. 

2. Takes Eflfect. This act shall take effect upon its 
passage. 
[Approved February 6, 1951.] 



CHAPTER 5. 



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 ex- 
isting 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 



148 Chapter 5 [1951 

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 amend- 
ed except for the debt Hmitations upon school districts im- 
posed by sections 7 and 8 thereof. The debt of a school district 
created under the provisions of this act or under the provisions 
of chapter 156 of the Laws of 1947 or of chapter 55 of the 
Laws of 1949 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 investiga- 
tion composed as follows: The commissioner of education; a 
member of the tax commission to be selected by said commis- 
sion; the chairman of the judiciary committee of the senate; 
the chairman of the committee on municipal and county gov- 
ernment of the house of representatives, and one other person 
having knowledge of educational and financial matters to be 
appointed by the governor. In the event that either the chair- 
man of the judiciary committee of the senate or the 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 commission 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 dol- 
lars per diem and reasonable expenses, and said compensation, 
together with other expenses incurred by the board, shall be 
paid by the school district or school districts whose proposals 
are to be examined. Said committee shall make a complete 
stenographic record of its hearings. 



1951] Chapter 5 149 

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 ma.y 
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 distr-ict. Such hearing may be adjourned at 
the discretion of the board. 

6. Findings of Board. Said board shall consider the educa- 
tional 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 
become null and void. The findings of said board shall be by 
majority vote of all members. 

7. Approval of Governor and Council. Upon receipt of the 
approval of a proposal by the board, the same shall be examined 
by the governor and council ; and if the same shall be approved 
by them, such approval shall be certified by the secretary of 
state to the chairman of the school board and the clerk of the 
district, whereupon said bond issue shall be regarded as au- 
thorized 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 section 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, 1953. 

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, 1953, except such 
action as may be necessary to carry out such approval as may 



150 Chapters 6, 7 [1951 

be granted under section 7. The foregoing limitation of this act 
shall not affect the validity of any bonds or notes issued by 
authority thereof. 
[Approved February 8, 1951.] 



CHAPTER 6. 



AN ACT DEFINING THE APPLICATION OF CERTAIN STATUTES 
RELATIVE TO LIENS FOR LABOR .AND MATERIALS. 

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

1. Liens for Labor and Materials. Amend section 15 of 
chapter 264 of the Revised Laws by striking out the words 
"the three preceding sections" in the third line and inserting 
in place thereof the words and figures, sections 12, 13, 14 and 
14-a, so that said section as amended shall read as follows: 
15. Sub-contractors. If a person shall by himself or others 
perform labor or furnish materials to the amount of fifteen 
dollars or more, for any of the purposes specified in sections 
12, 13, 14 and 14-a, by virtue of a contract with an agent, con- 
tractor or sub-contractor of the owner, he shall have the same 
Hen as provided in said sections ; provided, that he gives notice 
in writing to the owner or to the person having charge of the 
property that he shall claim such lien before performing the 
labor or furnishing the material for which it is claimed. 

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

[Approved February 15, 1951.] 



CHAPTER 7. 



AN ACT RELATING TO ELECTION OF BUDGET COMMITTEE 
MEMBERS-AT-LARGE. 

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

1. Municipal Budget Law. Amend section 2 of chapter 52 
of the Revised Laws, as amended by section 1, chapter 228 of 
the Laws of 1949, by inserting after the word "voting" in the 



1951] Chapter 7 151 

nineteenth line the words, except as provided in section 2-a, so 
that said section as amended shall read as follows : 2. Budget 
Committee. The budget committee shall consist of three, six, 
nine or twelve members-at-large as the meeting adopting the 
provisions hereof 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 selectman, 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, except as 
provided in section 2-a. Where said members-at-large are ap- 
pointive 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. Vacancies in the membership-at- 
large shall be filled by appointment by the moderator and such 
appointment 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 commissioners and the selectmen 
shall hold office for one year and until their successors are 
qualified. 

2. Official Ballots. Amend chapter 52 of the Revised Laws 
by inserting after section 2 the following new section: 2-a. 
Election of Members-at- Large. In any case where the town 
has adopted either the Australian or non-partisan ballot sys- 
tem for the election of its town officers, and the town has voted 
to elect members-at-large of the budget committee, said mem- 
bers-at-large may be elected by said official ballot system by 
plurality vote. 



152 Chapter 8 [1951 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 15, 1951.] 



CHAPTER 8. 

AN ACT RELATIVE TO TAX EXEMPTIONS OF INSTITUTIONS. 

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

1. Real Estate of Institutions; Exemptions. Amend sec- 
tion 28 of chapter 73 of the Revised Laws as amended by 
section 2 of chapter 141, Laws of 1945, by striking out the 
number "23" in the first line and inserting in place thereof the 
number, 24, so that said section as amended shall read as fol- 
lows: 28. Application of Provisions. The exemptions re- 
ferred to in sections 24, 26 and 27 of this chapter, as regards 
real estate hereafter acquired by such institutions, shall apply 
only to subsequent improvements therein and thereon, and the 
real estate so acquired shall be assessed and taxed as other 
similar land and real estate in the vicinity is assessed and 
taxed. This section shall not apply to real estate owned by 
religious societies incorporated or organized within this state 
and occupied by their pastors or clergy in active service or to 
real estate owned and occupied by the Grand Amiy of the 
Republic, the United Spanish War Veterans, Veterans of For- 
eign Wars, the American Legion, the Disabled American Vet- 
erans, the American National Red Cross, or to real estate 
acquired and used in substitution for property in this state 
theretofore exempt from taxation. 

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

[Approved February 19, 1951.] 



1951] Chapters 9, 10 153 

CHAPTER 9. 

AN ACT RELATING TO THE LIABILITY FOR PAYMENT OF POLL 
TAXES. 

Be it enacted by the Senate and House of Representatives in 
Gen&t^al 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 and 
section 1 of chapter 291 of the Laws of 1949 by striking out 
the word "except" in the eleventh line and inserting in place 
thereof the word, exempt, so that said section as amended shall 
read as follows: 1. Persons Liablei A poll tax of two dol- 
lars shall be assessed on every inhabitant of the state from 
twenty-one to seventy years of age whether a citizen of the 
United States or an alien, except paupers, insane persons, the 
widow of any veteran who served in the 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 in 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 exempt by special provisions 
of law. 

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

[Approved February 19, 1951.] 



CHAPTER 10. 

AN ACT RELATING TO INCOME TAXES. 

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

1. Income Taxes. Amend section 32 of chapter 78 of the 
Revised Laws as amended by section 12 of part 8 of chapter 
5 of the Laws of 1950, by striking out the whole thereof and 
inserting in place thereof the following: 32. Distribution. 
The state tax commission shall determine the expense of 
administration for the year in which the tax is assessed and 



154 Chapter 11 [1951 

shall certify to the state treasurer the amounts of the remain- 
ing balance of the tax, after the expenses of administration 
have been deducted, which shall be distributed on August first 
of that year to the respective towns and cities where the 
owner of the taxable income resides, and where the owner 
resides in an unorganized place, to the treasurer of the county 
in which such place is situated. Provided, however, that any 
interest and penalties collected thereon may be retained by 
the state and applied to the expense of administration. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 19, 1951.] 



CHAPTER 11. 

AN ACT RELATING TO 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 chapter 64, Laws of 1943, chapter 46, 
Laws of 1945 and chapter 218, Laws of 1949, by striking out 
said section and inserting in place thereof the following: 6. 
Open Season. In any county, or part thereof, during the 
period from January first to March thirty-first, the director, 
with the approval of the commission, may declare an open 
season on beaver, by the use of traps only, if he deems that 
beaver are detrimental to fishing or hunting or to lumber 
operations, or if he receives written complaint from a water 
company or a land owner that beaver are polluting a water 
supply or doing actual and substantial damage to property. 
He may make such rules and regulations as he deems necessary 
as to length of season and bag limit. 

2. Licenses. Amend section 8 of chapter 244 of the 
Revised Laws, as amended by section 2, chapter 46, Laws of 
1945, by striking out the second sentence thereof so that said 
section as amended shall read as follows: 8. Trapping. 
During said open season any resident of the state holding a 
trapping license may take and possess beaver by means of 
traps only. 



1951] Chapter 12 155 

3. Trapping. Amend section 13 of chapter 244 of the Re- 
vised Laws by adding at the end thereof the words, provided, 
however, that a person trapping for beaver through the ice 
during the open season therefor, shall visit his traps once in 
each seventy-two hours, so that said section as amended shall 
read as follows: 13. Visiting Traps. A person shall visit 
his traps at least once in each calendar day, but such visiting 
hours shall be between one-half hour before sunrise and one- 
half hour after sunset only, provided, however, that a person 
trapping for beaver through the ice during the open season 
therefor, shall visit his traps once in each seventy-two hours. 

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

[Approved February 21, 1951.] 



CHAPTER 12. 

AN ACT RELATIVE TO FOREST CONSERVATION AND TAXATION. 

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

1. Forest Conservation. Amend section 2 of chapter 79-A 
of the Revised Laws, as inserted by section 2, chapter 295 of 
the Laws of 1949, by striking out said section and inserting 
in place thereof the following: 2. Release from Taxes. All 
growing wood and timber except fruit trees, sugar orchards, 
nursery stock and trees maintained only for shade or orna- 
mental purposes, which shall not be subject to the yield tax 
hereinafter provided, shall be released from the general 
property tax and the school tax in unincorporated places pro- 
vided for in section 15 of chapter 140 of the Revised Laws; 
but the land on which such growing wood and timber stands 
shall be assessed. 

2. Duty of Owner. Amend section 8 of said chapter 79-A 
of the Revised Laws, by striking out said section and inserting 
in place thereof the following: 8. Notice of Cutting. An 
owner who intends to cut growing wood or timber shall file a 
written notice of intent to cut, prior to commencing such 
cutting, with the assessing officials, and a copy thereof with 
the state tax commission, setting forth his name, residence, a 



156 Chapter 12 [1951 

description of the location of the land from which such wood 
and timber is to be cut, its estimated amount and the value 
thereof, and whether an application for abatement will be 
made in accordance with section 5. Whoever shall fail to file a 
notice of intent to cut, as aforesaid, shall be guilty of a mis- 
demeanor and be fined not more than five hundred dollars or 
imprisoned not more than six months, or both. 

3. Copy to Tax Commission. Amend section 9 of said 
chapter 79-A of the Revised Laws by striking out said section 
and inserting in place thereof the following: 9. Returns. 
Every owner as defined in section 1 of this chapter shall make 
a return to the assessing officials and send a copy thereof to 
the state tax commission within fifteen days of the comple- 
tion or termination of the cutting referred to in the notice of 
intent to cut, provided, however, that all such returns must 
be filed not later than October fifteenth covering all timber cut 
up to October first next preceding. Such return shall state the 
owner's name, residence, the kinds and amounts of wood or 
timber cut, and such other information as the tax commis- 
sion may deem necessary to enable the assessing officials to 
locate, identify, verify and determine the true stumpage 
value of all wood and timber cut. Such returns shall be made 
under the penalties of perjury. 

4. Bringing Action. Amend section 10 of said chapter 
79-A of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 10. Penalty. Who- 
ever violates any of the provisions of section 8 or 9 shall be 
subject to a penalty not exceeding five hundred dollars, to be 
recovered in an action brought in the name of the town or city 
by the assessing officials or the state tax commission, which 
penalty shall go to the city or town in which the wood or 
timber is located, provided, however, that in any unincor- 
porated place such action shall be brought by the state tax 
commission and the penalty recovered shall go to the county 
in which such place lies. 

5. Change in Date. Amend section 17 of said chapter 79-A 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 17. Application for Reim- 
bursement. Any city or town desiring to be reimbursed for 
any year as herein provided shall on or before December first 
of that year file with the tax commission a written appli- 
cation therefor and certify therein the amount of yield taxes 



1951] Chapter 12 157 

assessed for the preceding tax year on a form prescribed by 
the tax commission. Such reimbursement shall be determined 
by said commission and certified to the state treasurer for 
payment in the manner provided in section 18. 

6. Reimbursement Fund. Amend section 18 of said chap- 
ter 79-A of the Revised Laws by striking out said section and 
inserting in place thereof the following: 18. Distribution 
of. Beginning with the year 1951 and annually thereafter 
the state treasurer shall on or before December twenty of each 
year make distribution from said reimbursement fund to those 
cities and towns which have applied therefor for their losses in 
tax revenue, if any, caused by the exemption of growing wood 
and timber, when such losses have been determined and cer- 
tified by the state tax commission as provided in section 17. In 
computing such losses said commission shall determine the 
amount of revenue each city or town would have rreceived 
from a tax levied on the average assessed valuation of the 
growing wood and timber therein for the years 1944-1948 in- 
clusive, reckoned at the current average tax rate, deducting 
therefrom the amount of any general property tax assessed 
under section 4 of this chapter and the amount of yield tax 
assessed in such place under the provisions of this chapter 
for the year in which distribution is made. In order that there 
may be an equitable distribution of funds paid by the state 
for aid to schools, or for highway maintenance and construc- 
tion, and to provide for an equitable apportionment of the 
county taxes or any application of any statute based wholly or 
in part on equalized valuation, the tax commission shall include 
the five-year average assessment of growing wood and timber 
in each city or town as provided above in the equalized valua- 
tion of each city and town in accordance with paragraph V of 
section 11 of chapter 82 of the Revised Laws. Said commission 
shall also take into consideration 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 unusual or abnormal 
conditions, including extraordinary obligations of a city or 
town incurred before July 26, 1949, 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 
reimbursement granted in lieu of tax revenue on state and 
federal forests, or increase in county or state taxes resulting 



158 Chapters 13, 14 [1951 

from such exemption 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 tax 
losses, said excess shall be used (1) to reimburse the state for 
accumulated payments received in prior years under the provi- 
sions of this section, and (2) as deductions in computing sub- 
sequent distributions from the reimbursement fund. 

7. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 21, 1951.] 



CHAPTER 13. 



AN ACT RELATIVE TO LEASING OF PRIVILEGES AND CONCESSIONS 
ON STATE FORESTS AND RESERVATIONS. 

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

1. State Forests and Reservations. Amend section 10, 
chapter 234, Revised Laws, as amended by section 7, chapter 
184, Laws of 1945, by striking out said section and inserting 
in place thereof the following: 10. Privileges and Conces- 
sions. The commission may make contracts for the leasing 
of privileges and concessions on state forests and reservations, 
for periods not exceeding five years. All such contracts ex- 
tending for a period of more than two years or for an annual 
consideration of more than one hundred dollars shall be 
approved by the governor and council prior to being effective. 

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

[Approved February 27, 1951.] 



CHAPTER 14. 

AN ACT RELATING TO THE COLLECTION OF TAXES AGAINST 
NON-RESIDENTS. 

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

1. Collection of Taxes. Amend chapter 80 of the Revised 
Laws by inserting after section 43 the following new sec- 



1951] Chapter 15 159 

tion: 43-a. Actions Against Non-residents. The officers 
responsible for the collection of any tax of any state or com- 
monwealth of the United States of America, or any political 
subdivision thereof, shall have the right to bring an action or 
suit in the courts of this state to recover any unpaid tax 
against a person within this jurisdiction, when the same or a 
similar right is accorded to the proper officer of this state or 
any of its political subdivisions by such state or common- 
wealth either by law or comity. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 27, 1951.] 



CHAPTER 15. 



AN ACT RELATING TO CERTAIN FEES IN CONNECTION WITH THE 
SALE OF SECURITIES. 

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

1. Dealers. Amend section 8 of chapter 336 of the Re- 
vised Laws by striking out the word "twenty-five" in the third 
line and inserting in place thereof the word, fifty, so that said 
section as amended shall read as follows: 8. Application; 
Fee. Any dealer desiring registration shall file written appli- 
cation therefor with the insurance commissioner, accompanied 
by a registration fee of fifty dollars, the fee to be returned if 
the application is not gi^anted. 

2. Salesmen. Amend section 19 of chapter 336 of the Re- 
vised Laws by striking out the word "ten" in the second line 
and inserting in place thereof the word, fifteen, so that said 
section as amended shall read as follows: 19. Application. 
Upon written application by a registered dealer, accompanied 
by a registration fee of fifteen dollars for each person, the 
commissioner shall, if he is satisfied that they are suitable 
persons, register, as agents or salesmen of such dealer, such 
persons as the dealer may request. 

3. Dealers' Renewals. Amend section 24 of chapter 336 of 
the Revised Laws, as amended by section 5, chapter 106, Laws 
of 1943, by striking out the word "twenty-five" in the fifth 



160 Chapter 15 [1951 

line and inserting in place thereof the word, fifty, so that said 
section as amended shall read as follows: 24. New Regis- 
trations. New registrations of dealers for the succeeding 
year may be issued as of course without the filing of further 
statements or furnishing any further information, unless 
specifically, requested by the commissioner, upon written appli- 
cation of the dealer and payment of fifty dollars for each 
registration. 

4. Salesmen's Renewals. Amend section 25 of chapter 336 
of the Revised Laws by striking out the word "ten" in the 
second line and inserting in place thereof the word, fifteen, so 
that said section as amended shall read as follows: 25. 
Agents. Registration of an agent may be renewed from year 
to year, upon the request of the dealer and the payment of 
fifteen dollars. 

5. Fee for Approval. Amend section 30 of chapter 336 of 
the Revised Laws by striking out said section and inserting 
in place thereof the following: 30. Qualification of Securi- 
ties. No registered dealer or his salesmen or agents shall sell 
or offer for sale securities, except those legal for investments 
for savings banks in this state and except such other securities 
as may be designated under such rules and regulations as the 
commissioner may prescribe, unless such sale has been ap- 
proved by the commissioner. A dealer desiring to qualify such 
securities shall submit to the commissioner such descriptive, 
statistical, or documentary information as he may require. The 
commissioner shall after examination of such information 
approve or disapprove the sale of such securities and so notify 
the dealer. A fee of twenty-five dollars shall be charged for the 
examination of material submitted to obtain the qualification 
of a new security or investment trust shares. This fee shall 
not be charged for the examination of material submitted to 
obtain the qualification of securities by a corporation licensed 
to sell its own stock under section 3 of this chapter. The com- 
missioner may prescribe rules and regulations to carry out the 
purposes hereof. 

6. Takes Effect. This act shall take effect March 1, 1951. 
[Approved February 28, 1951.] 



1951] Chapters 16, 17 161 

CHAPTER 16. 

AN ACT RELATIVE TO MARKING ON CLOSED PACKAGES OF APPLES. 

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

1. Sale of Apples. Amend section 7 of chapter 197 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 7. Certain Information to be 
Marked on Closed Packages. Each closed package of apples 
which is packed, sold, distributed, offered or exposed for sale 
or distribution in the state by any person shall have afRxed in 
a conspicuous place on the outside thereof a plainly printed 
statement of (a) the quantity of the contents, (b) the name 
and address of the packer, or of the person by whose authority 
the apples were packed, (c) the true name of the variety, (d) 
the minimum size of the apples contained therein in accord- 
ance with sections 3 and 5, and (e) the name of the state where 
they were grown. If the true name of the variety is not known 
to the packer, or to the person by whose authority the apples 
were packed, the statement shall include the words "Variety 
unknown," and if the name of the state where the apples were 
grown is not known, this fact shall also be set forth in the 
statement. Every package of apples which is repacked shall 
bear the name and address of the repacker, or the name and 
address of the person by whose authority it is repacked, in 
place of that of the original packer. 

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

[Approved March 1, 1951.] 



CHAPTER 17. 

AN ACT CHANGING THE NAME OF PAWTUCKAWAY POND. 

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

1. Name Given. The body of water in the town of Not- 
tingham now known as Pawtuckaway pond is hereby named 
and shall be known as Pawtuckaway Lake. 

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

[Approved March 1, 1951.] 



162 Chapter 18 [1951 

CHAPTER 18. 

AN ACT RELATIVE TO STANDARDS OF IDENTITY FOR MILK, BUTTER 
AND CREAM. 

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

1. Standards. Amend section 32 of chapter 194, Revised 
Laws by striking out said section and inserting in place there- 
of the following: 32. Terms Defined. As used in this sub- 
division the following words shall have the following mean- 
ings: 

I. The term "milk" means the whole, fresh, clean, lacteal 
secretion obtained by the complete milking of one or more 
healthy cows, excluding that obtained within 15 days before 
and five days after calving, or such longer period as may be 
necessary to render the milk practically colostrum free. The 
name "milk" unqualified means cow's milk. It shall contain not 
less than eleven and eighty-five one hundredths per cent of 
milk solids, nor less than three and thirty-five one hundredths 
per cent of milk fat. 

II. The term "skimmed milk" or "skim milk" means that 
portion of milk which remains after removal of the cream in 
whole or in part. It shall contain not less than 8.5 per cent by 
weight of milk solids not fat. 

III. The term "butter milk" means the product resulting 
from the churning of milk or cream, or from the souring or 
treatment by a lactic acid or other culture of milk, skimmed 
milk, reconstituted skimmed milk, evaporated or condensed 
milk or skimmed milk, or milk or skimmed milk powder. It 
contains not less than 8.5 per cent of milk solids not fat. 

IV. The term "butter" means the food product usually 
known as butter, and which is made exclusively from milk or 
cream, or both, with or without common salt, and with or 
without additional coloring matter, and containing not less 
than 80 per cent by weight of butter fat, all tolerances having 
been allowed for. 

V. The term "sweet cream butter" means the food 
product churned from fresh sweet cream, untreated (except 
by pasteurization), no part of which has attained an acidity 
exceeding 0.2 per cent calculated as lactic acid and to which 
no ripening ferment has been added ; with or without the addi- 



1951] Chapter 19 163 

tion of salt and/or coloring ; nor shall the cream contain more 
than 35 per cent milk fat. It contains not less than 80 per cent 
by weight of milk fat, all tolerances having been allowed for. 

VI. The term "cream," "sweet cream" or "light cream," 
means that portion of milk, rich in butter fat, which rises to 
the surface of milk on standing, or is separated from it by- 
centrifugal force. It is fresh and clean. It contains not less 
than eighteen per cent by weight of milk fat and not more 
than two-tenths per cent of acid-reacting substances, calcu- 
lated in terms of lactic acid. 

VII. The term "heavy cream," or "heavy whipping 
cream" means whipping cream which contains not less than 
thirty-six per cent by weight of milk fat. 

VIII. The term "homogenized cream" means cream that 
has been mechanically treated in such a manner as to alter 
its physical properties, with particular reference to the 
condition and appearance of the fat globules. 

2. Penalty. Amend section 35 of chapter 194, Revised 
Laws, by striking out said section and inserting in place there- 
of the following: 35. Penalty. Whoever sells, offers for 
sale, or has in possession with intent to sell, any milk, skimmed 
milk, butter milk, butter or renovated butter, sweet cream 
butter, cream, heavy cream, and homogenized cream which 
fails to conform to the requirements of the three preceding 
sections, or otherwise violates any provisions of this subdivi- 
sion, shall be fined not less than twenty-five dollars nor more 
than two hundred dollars, or imprisoned not more than sixty 
days, or both. 

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

[Approved March 1, 1951.] 



CHAPTER 19. 

AN ACT RELATING TO THE DEPUTY STATE HEALTH OFFICER. 

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

1. State Department of Health. Amend chapter 147 of 
the Revised Laws by inserting after section 4, as amended by 



164 Chapter 20 [1951 

chapter 15 of the Laws of 1943 and chapter 129 of the Laws 
of 1945, the following new sections: 4-a. Duties, Deputy- 
State Health Officer. The state health officer shall direct the 
work of his department but may assign such of his duties to 
the deputy state health officer as he may deem advisable and 
in the interest of the pubHc welfare. 

4-b. Deputy State Health Officer. The deputy state 
health officer shall act as state health officer whenever the 
latter is absent or unable to act from any cause. This shall 
include attendance and voting rights of the state health officer, 
in his absence, on boards and commissions of the state of which 
he is a member ex-officio, including but not limited to the fol- 
lowing: the commission on alcoholism, the tuberculosis com- 
mission, the cancer commission, board of registration of 
funeral directors and embalmers, board of trustees of the New 
Hampshire State Sanatorium, and the water pollution com- 
mission. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 1, 1951.] 



CHAPTER 20. 



AN ACT RELATING TO THE OPERATION, REGISTRATION AND LICENS- 
ING OF MOTOR VEHICLES. 

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

1. Motor Vehicles. Amend section 11 of chapter 116 of 
the Revised Laws by striking out the word "five" and inserting 
in place thereof the word, ten, so that said section as amended 
shall read as follows: 11. Inspection Authorized. The com- 
missioner may require the inspection of any motor vehicle, 
trailer, or semi-trailer to determine whether it is safe and fit 
to be operated. Such inspection shall be made at such times 
and in such manner as the commissioner may specify; pro- 
vided, however, that newly registered vehicles and vehicles 
the ownership of which has been transferred may be operated 
for a period of ten days before inspection. The commissioner 
may authorize properly qualified persons to make inspections, 



1951] Chapter 20 165 

without expense to the state, at stations designated by him, 
and may at any time revoke such authorization or designation. 

2. Inspection Stickers. Amend chapter 116 of the Revised 
Laws by inserting after section 11 the following new section: 
11-a. Fee. The fee for inspection stickers shall be five cents 
for each sticker furnished an approved inspection station. All 
unused stickers returned by the approved inspection station 
to the motor vehicle department shall be refundable at the 
rate of five cents each. 

3. Penalty. Amend section 12 of chapter 116 of the Re- 
vised Laws by striking out the words "any person" and in- 
serting in place thereof the words, the operator or owner of 
any motor vehicle, so that said section as amended shall read 
as follows: 12. Penalty for Failing to Obey Inspection Re- 
quirements. The operator or owner of any motor vehicle 
failing to comply with the requirements of the commissioner 
relative to inspection shall be fined not more than twenty-five 
dollars, and the commissioner may refuse to register, or re- 
voke the registration of, any motor vehicle, trailer, or semi- 
trailer which has not been inspected as required or which is 
unsafe or unfit to be operated. 

4. Operation. Amend section 51 of chapter 116 of the 
Revised Laws as amended by section 4 of chapter 177 of the 
Laws of 1947 by inserting after the word "dealer" in the second 
line the words, except those manufacturers or dealers that 
may be relieved of such requirements by the commissioner, 
and further amend said section by striking out the word "five" 
in the seventh line and inserting in place thereof the word, ten, 
so that said section as amended shall read as follows: 51. 
Temporary Plates. A manufacturer or dealer, except those 
manufacturers or dealers that may be relieved of such require- 
ments by the commissioner, shall, upon the sale or exchange 
of a motor vehicle, trailer, semi-trailer, or tractor, attach to 
such motor vehicle, trailer, semi-trailer, or tractor a set of 
temporary number plates, and the purchaser of such motor 
vehicle, trailer, semi-trailer, or tractor may operate the same 
for a period not to exceed ten consecutive days thereafter with- 
out payment of a registration fee. 

5. Change of Fees. Amend section 2 of chapter 118 of the 
Revised Laws by striking out the words "one dollar" in the 
third line and inserting in place thereof the words, two dollars. 



166 Chapter 20 [1951 

and by striking out the words "twenty cents" in the seventh 
line and inserting in place thereof the words, fifty cents, so 
that said section as amended shall read as follows : 2. Addi- 
tional Plates. For every additional number plate furnished to 
replace such as have been lost or mutilated, or which are il- 
legible, the commissioner shall collect two dollars; for every 
additional pair of number plates furnished to a manufacturer 
of or dealer in motor vehicles other than motor cycles whose 
business requires more than three pairs of such plates, eight 
dollars; for every set of temporary number plates furnished 
to a manufacturer or dealer, fifty cents; and for every addi- 
tional pair of number plates furnished to a manufacturer of 
or dealer in motor cycles whose business requires more than 
three pairs of such plates, two dollars. 

6. Collection Fees. Amend chapter 118 of the Revised 
Laws by inserting after section 30 the following new section : 
30-a. Protested Checks. Whenever any check issued in pay- 
ment of any fee or for any other purpose shall be returned to 
the department of motor vehicles as uncollectible, the com- 
missioner shall charge a fee of five dollars plus all protest and 
bank fees, in addition to the amount of said check, to the per- 
son presenting such check to him, to cover the cost of its col- 
lection. 

7. Approval of Devices. Amend chapter 119 of the Re- 
vised Laws as amended by section 1 of chapter 88 of the Laws 
of 1947, by inserting after section 7-a the following new sec- 
tion: 7-b. Lighting and Safety Equipment. Every light, 
lamp, lens, bulb, reflector, flare, windshield, window glass or 
substitute, and all automotive safety equipment designed as 
such, shall be approved by the commissioner of motor vehicles. 
Application for approval of every such device, accompanied by 
proper fees, shall be made by any manufacturer thereof or 
dealer therein. In case no fee is set by statute, the amount 
thereof may be determined by the commissioner. 

8. Equipment. Amend chapter 119 of the Revised Laws 
by inserting after section 8-a, as inserted by chapter 82, Laws 
of 1947, and amended by chapter 46, Laws of 1949, the follow- 
ing new sections : 8-b. Stop Lamps. It shall be unlawful for 
any person to operate any motor vehicle, including any motor 
cycle or motor-driven cycle, in this state unless it is equipped 
with a stop lamp in working order at all times. 8-c. Reflec- 



1951] Chapter 20 167 

tors. Every new motor vehicle hereafter sold and operated 
upon a highway, other than a motor truck (tractor type), shall 
carry on the rear, either as a part of the tail lamps or separ- 
ately, two red reflectors, except that every motor cycle and 
every motor-driven cycle shall carry at least one reflector. 

9. Bus Signs. Amend section 13 of chapter 119 of the 
Revised Laws, as amended by section 2 of chapter 114 of the 
Laws of 1949, by striking out in the first line the words "motor 
vehicle" and inserting in place thereof the words, school bus; 
and by inserting before the word "rear" in the fourth line the 
words, front and, so that said section as amended shall read 
as follows: 13. School Buses. No school bus 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 front and 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. 

10. New Motor Vehicles. Amend chapter 119 of the Re- 
vised Laws by inserting after section 18-c as inserted by 
section 1 of chapter 232 of the Laws of 1949, the following new 
section : 18-d. Required Signals. It shall be unlawful after 
January 1, 1952 to operate on any public highway in this state 
any motor vehicle registered in this state which is manufac- 
tured or assembled after such date, unless such vehicle is 
equipped with directional signals approved by the commis- 
sioner. 

11. Gross Weight of Motor Vehicles. Amend paragraph 
II of section 37 of chapter 119 of the Revised Laws as amended 
by section 1 of chapter 104 of the Laws of 1949, by adding at 
the end of said paragraph the following: Such vehicle shall not 
be considered as having three axles if two axles thereof are 
closer together than forty inches and unless the wheels there- 
of are at all times in contact with the surface of the highway 
when loaded and are equipped with adequate brakes, so that 
said paragraph shall read as follows: II. A vehicle having 
three axles except as hereinafter provided whose gross weight 
is more than forty thousand pounds. Such vehicle shall not be 



168 Chapter 21 [1951 

considered as having three axles if two axles thereof are closer 
together than forty inches and unless the wheels thereof are 
at all times in contact with the surface of the highway when 
loaded and are equipped with adequate brakes. 

12. Transportation of Explosives. Amend paragraph III 
of section 47, chapter 119 of the Revised Laws by striking out 
the word "three" and inserting in place thereof the word, six, 
so that said paragraph as amended shall read as follows : III. 
Marking. Said vehicle when operated from one-half hour 
before sunrise to one-half hour after sunset shall be marked 
or placarded on each side and the rear with the word "Explo- 
sives" in letters not less than six inches high, on a background 
of sharply contrasting color, and there shall be displayed on 
the rear of such vehicle a red flag not less than twenty-four 
inches square marked with the word "Danger" in white letters 
six inches high with a one-inch stroke. 

13. Takes Eifect. Section 8-b of chapter 119 of the Re- 
vised Laws, as inserted by section 8 of this act, shall take 
effect as of July 1, 1951. The remaining provisions of this act 
shall take effect upon the passage hereof. 

[Approved March 7, 1951.] 



CHAPTER 21. 

AN ACT RELATIVE TO THE NEW HAMPSHIRE TURNPIKE. 

Be it enacted by the Seriate and House of Representatives in 
General Court convened: 
1. Additional Powers. Amend section 3 of chapter 295 of 
the Laws of 1947 by striking out said section and inserting in 
place thereof the following: 3. Additional Powers. In con- 
nection with the aforesaid toll road and agreeably to the pro- 
visions of this act, the commissioner of public works and high- 
ways is hereby authorized : 

(a) To enter into contractual relations on behalf of the 
state ; 

(b) To do and perform all such acts as are necessary for 
the public good ; 

(c) To cause a traffic and economic study to be made of 
the first two years' operation of the aforesaid toll road ; 



1951] Chapter 22 169 

(d) To make a study of possible extensions or additions 
to said road; and 

(e) To employ such assistants, engineers or consultive 
services as may be necessary to carry out the provisions of 
paragraplis (c) and (d) of this section. The total expense of 
the said studies shall not exceed ten thousand dollars and shall 
be a charge upon the fund established under section 8 of this 
chapter. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 7, 1951.] 



CHAPTER 22. 

AN ACT RELATING TO INTEREST CHARGES BY CREDIT UNIONS. 

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

1. Credit Union Interest Charges. Amend section 16 of 
chapter 315 of the Revised Laws by striking out the words 
"six per cent" appearing in the sixth line thereof and inserting 
in place thereof the words, one per cent per month on unpaid 
loan balances, so that said section as amended shall read as 
follows: 16. Deposits; Loans. A union may receive its 
members' money on deposit and in payment of shares, upon 
such terms and in such amounts as its by-laws may prescribe. 
It may make loans to its members on such terms and upon 
such security, real or personal, as the union may vote or its by- 
laws prescribe. The interest charged shall not in any case ex- 
ceed one per cent per month on unpaid loan balances. 

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

[Approved March 7, 1951.] 



170 Chapters 23, 24 [1951 

CHAPTER 23. 

AN ACT RELATING TO TAXATION OF COUNTY FARMS. 

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

1. Property Taxes. Amend section 7, chapter 73 of the 
Revised Laws, as amended by section 1 of chapter 50 of the 
Laws of 1945, by striking out the word "county" in the fifth 
Hne and by inserting after the word "purposes" in the same 
line the words, and almshouses on county farms, so that said 
section as amended shall read as follows: 7. Real Estate. 
Real estate, whether improved or unimproved, and whether 
owned by residents or others, is liable to be taxed, except 
houses of public worship, schoolhouses, seminaries of learning, 
real estate of the state or town used for public purposes, and 
almshouses on county farms, and as otherwise provided. 

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

[Approved March 15, 1951.] 



CHAPTER 24. 



AN ACT RELATIVE TO REGISTRATION OF MOTOR VEHICLES OF 
AMPUTEES. 

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

1. Exemption of Amputees. Amend paragraph XIII of 
section 1 of chapter 118 of the Revised Laws as inserted by 
section 2 of chapter 107 of the Laws of 1947, and as inserted 
by section 1 of chapter 37 of the Laws of 1949, by striking out 
the words "a veteran of World Wars I or II," and inserting in 
place thereof the words, any person who became an amputee 
while a member of the United States armed forces and, so that 
the said paragraph as amended shall read as follows: XIII. 
No fee shall be charged for registering a motor vehicle owned 
by any person who became an amputee while a member of the 
United States armed forces and who, because of being an am- 
putee, has received said motor vehicle from the United States 
government, and no fee shall be charged for registering a 



1951] Chapter 25 171 

motor vehicle with special equipment which said amputee may 
acquire to replace one received from the United States govern- 
ment. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 15, 1951.] 



CHAPTER 25. 



AN ACT RELATIVE TO PURITY OF FOODS AND DRUGS PROCEDURES 

BY STATE DEPARTMENT OF HEALTH IN CONNECTION 

THEREWITH. 

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

1. Powers of Agents. Amend section 6 of chapter 161, 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 6. Seizure and Restraint. Said 
inspectors, sanitarians, sanitary engineers and other agents 
are hereby authorized and empowered to seize for use as evi- 
dence and without warrant, and seal from further use, any 
article or commodity found being sold, distributed, stored or 
employed in the processing of any food or drug which is in 
violation of the laws relating to public health matters. Pro- 
vided, however, that in the collection of samples of foods and 
drugs for investigation, the retail price thereof shall be 
tendered. 

2. Serving of Milk. Amend section 24, of chapter 162, 
Revised Laws, by striking out said section and inserting in 
place thereof the following: 24. Limitations. Nothing 
contained in this subdivision shall be construed to prevent or 
prohibit a person from purchasing milk in bulk for uses other 
than for serving patrons for drinking purposes, nor to prevent 
the sale or serving of cream, skimmed milk, or buttermilk from 
bulk, if the same is pure and wholesome and is sold and served 
as cream, skimmed milk, or buttermilk, nor shall it prevent or 
prohibit the sale of milk in mixed drinks at soda fountains. 
Nor shall it serve to prohibit the serving of homogenized pas- 
teurized milk from dispensers approved by the state depart- 
ment of health whose bulk containers have been filled and 



172 Chapter 25 [1951 

sealed at a pasteurization plant, provided that the dispenser is 
in full view of the patron so served. 

3. Shellfish. Amend chapter 162, Revised Laws, by add- 
ing at the end thereof the following new subdivision: 

Shellfish 

26. Definition. The term "shellfish," as used in this sub- 
division, means all fresh, frozen or incompletely cooked 
oysters, clams or mussels, either shucked or in the shell, and 
any fresh, frozen or incompletely cooked edible products there- 
of. 

27. Forbidden Sales. No shellfish shall be sold for food 
unless taken from areas approved by the state board of health, 
or if taken from outside sources, from areas approved by the 
state regulatory shellfish authorities having jurisdiction, and 
secured from shellfish dealers currently listed on the United 
States Public Health Service publication of approved shellfish 
shippers. 

28. Certificate Required; Labeling; Records. No per- 
son, firm or corporation shall operate an establishment for the 
processing or packing of shellfish either shucked or in the shell 
until he has been granted a certificate by the state board of 
health. A certificate shall be issued to any establishment which 
has complied with the regulations of the board relative there- 
to. All certificates issued hereunder shall expire on December 
thirty-first next following the date of issuance. All containers 
of shellfish shall bear identification in accordance with regula- 
tions promulgated by the state board of health. An accurate 
daily record shall be kept by all establishments certified list- 
ing the names and addresses of all persons from whom lots of 
shellfish are received, the location of the source of each lot, and 
the names and addresses of all persons to whom lots are 
shipped or sold. Such records shall be kept on file for sixty 
days and shall be open to inspection at any time during busi- 
ness hours by agents of the board. 

29. Revocation of Certificate. In case any shellfish 
establishment shall be deemed by the state board of health to 
be conducted in an unsanitary manner, or there shall be any 
practice deemed in violation of any law, or of any legally 
adopted regulation of the board, it shall be the duty of the 
board to notify the establishment concerned, and in case the 



1951] Chapter 25 17,3 

required changes in conditions, methods or branding are not 
effected within the time specified, to close such establishment, 
or to suspend, revoke or cancel the certificate as the board may 
deem expedient. 

30. Procedure. Before revoking or canceling any shell- 
fish certificate, the state board of health shall give written 
notice stating that it contemplates such action, giving its rea- 
sons therefor. Said notice shall appoint a time of hearing and 
shall be sent by registered mail. On the day of hearing the 
party concerned may present such evidence as he deems fit. 

31. Effect of Revocation. Any person, firm or corpora- 
tion whose certificate has been suspended or revoked, or for 
whom a renewal has been denied, shall discontinue the process- 
ing and sale of shellfish. The sale or processing of shellfish 
from a non-certified establishment shall constitute a violation 
of this subdivision. 

32. Regulations. The state board of health is empow- 
ered to make all necessary regulations for the proper enforce- 
ment of this subdivision. 

33. Penalty. Whoever violates any provision of this 
subdivision, or regulations, made under authority of the pre- 
ceding section, shall be fined not less than twenty-five dollars 
nor more than two hundred dollars, or imprisoned not more 
than sixty days, or both. 

34. Forfeitures. Any shellfish sold in violation of this 
subdivision may be forfeited. 

4. Foods. Amend section 1, of chapter 164, Revised Laws, 
by striking out said section and inserting in place thereof the 
following: 1. Prohibited Acts. The following acts and the 
causing thereof are hereby prohibited: 

I. The manufacture, sale, or delivery, holding or offer- 
ing for sale of any food or drug that is adulterated or mis- 
branded. 

II. The adulteration or misbranding of any food or drug. 

III. The receipt in commerce of any food or drug that is 
adulterated or misbranded, and the delivery or proffered 
delivery thereof for pay or otherwise. 

IV. The dissemination of any false advertisement. 

V. The refusal to permit entry or inspection, or to per- 
mit the taking of a sample, as authorized by section 12. 



174 Chapter 25 [1951 

VI. The giving of a guaranty or undertaking which 
guaranty or undertaking is false, except by a person who rehed 
on a guaranty or undertaking to the same effect signed by, 
and containing the name and address of the person residing 
in the state from whom he received in good faith the food or 
drug. 

VII. The removal or disposal of a detained or embargoed 
article in violation of section 20. 

VIII. The alteration, mutilation, destruction, oblitera- 
tion, or removal of the whole or any part of the labeling of, or 
the doing of any other act with respect to a food or drug if 
such act is done while such article is held for sale and results 
in such article being misbranded. 

IX. Forging, counterfeiting, simulating, or falsely repre- 
senting, or without proper authority using any mark, stamp, 
tag, label, or other identification device authorized or required 
by regulations promulgated under the provisions of this chap- 
ter. Provided that nothing in this section shall prevent the 
manufacture, or the possession by a wholesale dealer, of any 
article not in violation of the laws of another state, where 
satisfactory evidence is furnished that such article is manu- 
factured or possessed exclusively for shipment to and con- 
sumption within that state. 

5. Repeal. Amend sections 6 and 8, of chapter 164, Re- 
vised Laws, relative to misbranding and exceptions by striking 
out said sections. 

6. Standards. Amend section 12, of chapter 164, Revised 
Laws, by inserting after the word "identity" in the fifth line, 
the words, standards of quality or fill of container, so that 
said section as amended will read as follows: 12. Enforce- 
ment; Rules; Inspections. The state board of health is 
charged with the enforcement of this chapter. Said board may 
make rules and regulations for the proper enforcement there- 
of, including as a part of said rules and regulations, when not 
inconsistent with existing laws, the adoption of such defini- 
tions and standards of identity, standards of quality or fill of 
container as may from time to time be promulgated under the 
federal food, drug and cosmetic act, also similar adoption of 
regulations promulgated under the federal meat inspection act. 
It shall cause inspections to be made of the quality, condition 
and branding of foods and drugs found on sale, possessed for 



1951] Chapter 25 175 

sale, or in process of manufacture or distribution, and shall 
collect samples for analysis at its laboratories. All inspectors 
and other employees appointed by said board shall be per- 
mitted access at all reasonable hours to all places of business 
concerned in the manufacture, production, transportation, dis- 
tribution and sale of foods and drugs ; shall have power to open 
and examine any package or container of any kind containing, 
or believed to contain, any article of food or drugs which may 
be manufactured, distributed, sold or possessed for sale in 
violation of the provisions of this chapter and to take samples 
therefrom for analysis, tendering to the manufacturer, dis- 
tributor or vendor the value thereof. 

7. Condemnation. Amend chapter 164, Revised Laws, by 
adding at the end thereof the following new section: 20. 
Authority to Embargo and Condemn. 

I. Whenever a duly authorized agent of the state board 
of health finds or has probable cause to believe that any food 
or drug is adulterated, or so misbranded as to be dangerous 
or fraudulent, within the meaning of this chapter, he shall 
affix to such article a tag or other appropriate marking, giving 
notice that such article is, or is suspected of being, adulterated 
or misbranded and has been detained or embargoed, and warn- 
ing all persons not to remove or dispose of such article by sale 
or otherwise until permission for removal or disposal is given 
by such agent or the court. It shall be unlawful for any person 
to remove or dispose of such detained or embargoed article by 
sale or otherwise without such permission. 

II. When an article detained or embargoed under para- 
graph I has been found by such agent to be adulterated, or 
misbranded, he shall petition the courts in whose jurisdiction 
the article is detained or embargoed for a hbel for condemna- 
tion of such article. When such agent has found that an article 
so detained or embargoed is not adulterated or misbranded, he 
shall remove the tag or other marking. 

III. If the court finds that a detained or embargoed 
article is adulterated or misbranded, such article shall, after 
entry of the decree, be destroyed at the expense of the claim- 
ant thereof, under the supervision of such agent, and all court 
costs and fees, and storage and other proper expenses, shall 
be taxed against the claimant of such article or his agent: 
Provided, that when the adulteration or misbranding can be 



176 Chapter 26 [1951 

corrected by proper labeling, or processing of the article, the 
court, after entry of the decree and after such costs, fees, and 
expenses have been paid and a good and sufficient bond, con- 
ditioned that such article shall be so labeled or processed, 
has been executed, may by order direct that such article 
be delivered to the claimant thereof for such labeling or 
processing under the supervision of an agent of the state 
board of health. The expense of such supervision shall be paid 
by the claimant. Such bond shall be returned to the claimant of 
the article on representation to the court by the board that 
the article is no longer in violation of this chapter, and that 
the expenses of such supervision have been paid. 

IV. Whenever the state board of health or any of its 
authorized agents shall find in any vehicle, room, building, or 
other structure, any meat, sea food, poultry, vegetable, fruit 
or other perishable articles which are unsound, or contain any 
filthy, decomposed, or putrid substance, or that may be poi- 
sonous or deleterious to health or otherwise unsafe, the same 
being hereby declared to be a nuisance, the board, or its au- 
thorized agent, shall forthwith condemn and destroy the same. 

8. Embargo. Amend chapter 194, Revised Laws, by add- 
ing after section 40 the following new section: 40-a. Au- 
thority to Embargo and Condemn. Any article found in vio- 
lation of this subdivision may be subject to embargo and con- 
demnation in accord with the provisions of section 20, chapter 
164, Revised Laws. 

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

[Approved March 15, 1951.] 



CHAPTER 26. 

AN ACT RELATIVE TO THE LICENSING OF PRACTICAL NURSES. 

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

1. Licensing Practical Nurses. Amend the Revised Laws 
by inserting after chapter 257 the following new chapter: 



1951] Chapter 26 177 

Chapter 257-A 
Licensing Practical Nurses 

1. Definition. A person practices as a "licensed practi- 
cal nurse" who has a valid license hereunder and performs for 
compensation or personal profit such duties as are required in 
the physical care of a convalescent, chronically ill, aged or 
infirm patient, in assisting a registered professional nurse with 
care of an acutely ill patient, and in carrying out such medical 
orders as are prescribed by a licensed physician, which require 
a knowledge of simple nursing procedure, but do not require 
the professional knowledge and skills prescribed for profes- 
sional nursing, 

2. Administi-ation. The board of nurse examiners con- 
stituted under the provisions of chapter 257 of the Revised 
Laws, as inserted by chapter 285, Laws of 1947, shall adminis- 
ter the provisions of this chapter. Said board may issue 
licenses to appHcants to be known as licensed practical nurses 
and shall formulate and promulgate rules and regulations from 
time to time as may be necessary for the proper conduct of 
the care of the sick by a licensed practical nurse. The board 
shall approve the estabHshment of schools for the training of 
practical nurses, shall prescribe the courses of instruction in 
connection therewith, and shall provide for appropriate exami- 
nations before a license to practice as a licensed practical nurse 
may be issued. 

3. Qualification for Applicants. An applicant for a 
license to practice as a licensed practical nurse shall submit to 
the board written evidence under oath, that the applicant (a) 
is eighteen years of age or over; (b) is a citizen of the United 
States, or has legally declared his intention of becoming a 
citizen or is a citizen of a Canadian province; (c) is of good 
moral character; (d) is in good physical and mental health; 
(e) has completed one year of high school or its equivalent 
and such other preliminary qualifications as the board may 
prescribe. 

4. License. L By examination. An applicant for 
license, except as provided in paragraph II and in section 5, 
shall be required to pass a written examination in such sub- 
jects as the board may determine. Each written examination 
may be supplemented by an oral or practical examination. 
Upon successfully passing such examination the board shall 



178 Chapter 26 [1951 

issue to the applicant a license to practice as a licensed prac- 
tical nurse. II. Without examination. The board may issue 
a license to practice as a licensed practical nurse without 
examination to any applicant who has been duly licensed or 
registered as such, or to a person entitled to perform similar 
services under a different title, under the laws of another state, 
territory or foreign country if, in the opinion of the board, the 
appHcant meets the other requirements for licensed practical 
nurses. 

5. Licensing for Present Practitioners. Any practical 
nurse who has been engaged in practical nursing in this state 
during one year prior to January 1, 1952, and who shall submit 
to the board written evidence, under oath, that he (a) is 
eighteen years of age or over; (b) is a citizen of the United 
States, or has legally declared his intention of becoming a 
citizen or who is a citizen of a Canadian province; (c) is of 
good moral character; (d) is in good physical and mental 
health; (e) has had at least three years of experience in the 
care of the sick, which evidence is also signed by two physi- 
cians licensed in New Hampshire having personal knowledge 
of the applicant's quahfications, and by two persons who have 
employed the applicant in the capacity of a practical nurse for 
at least fourteen days within one year prior to the application, 
or has qualifications equal to these requirements as determined 
by the board, shall be licensed by said board, upon the pay- 
ment of the required fee of ten dollars. 

6. Title and Abbreviation. Any person who holds a 
license to practice as a hcensed practical nurse in this state 
shall have the right to use the title Licensed Practical Nurse 
and the abbreviation L. P. N. 

7. Fees. Each person applying for license to practice as 
a licensed practical nurse, or for examination and such Hcense 
shall pay to the commissioner of education a fee of ten dollars. 
The commissioner shall pay all fees so received and all fees 
from annual permits to the state treasurer who shall keep the 
same in a separate fund to be used only for the purposes of the 
board of nurse examiners hereunder. 

8. Revocation. The board may revoke any license 
issued hereunder for sufficient cause after fourteen days' 
notice in writing to the holder thereof and after a hearing. 
Such notice shall contain a statement of the grounds upon 



1951] Chapter 26 179 

which the complaint is based. The hearing upon such complaint 
shall be conducted in private except upon special request of 
the party complained of. No person shall practice as a Ucensed 
practical nurse after his license has been revoked. After such 
revocation application may be made to the board for restora- 
tion of license after a period of six months. The board may 
reinstate such applicant upon terms which, in the opinion of 
the board, will protect the interest of the public. 

9. Annual Permit to Practice. Any licensed practical 
nurse who intends to engage in such practice in this state, shall 
annually before January first file his name and address with 
the commissioner of education and pay to the commissioner a 
fee of one dollar whereupon, if he has complied with the re- 
quirements of this chapter and the rules and regulations of 
the board, he shall be granted a permit which shall entitle him* 
to engage in such practice for the period ending on December 
thirty-first. 

10. Prohibition. No person shall claim to be a licensed 
practical nurse in this state unless he has a valid license and 
annual permit to so practice. Provided, however, that nothing 
in this act shall be construed to prohibit any person from en- 
gaging in practice as a practical nurse without such license 
and permit so long as he does not claim or represent himself 
to be a licensed practical nurse nor use the title Licensed Prac- 
tical Nurse or its abbreviation L. P. N. 

11. False Representation. Any person who shall wil- 
fully make any false representation in applying for a license or 
annual permit hereunder shall be fined not less than one hun- 
dred nor more than five hundred dollars. 

12. Penalty. Whoever violates any other provision of 
this chapter shall be fined not less than one hundred nor more 
than two hundred dollars. 

2. Takes Effect. This act shall take effect as of January 
1, 1952, provided that applications for hcenses and annual 
permits may be accepted prior to said date and licenses and 
permits issued effective as of January 1, 1952. 
[Approved March 15, 1951.] 



180 Chapter 27 [1951 

CHAPTER 27. 

AN ACT RELATING TO THE POWERS, DUTIES AND MEMBERSHIP OF 
THE BOARD OF MEDICAL EXAMINERS. 

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

1. Board of Medical Examiners. Amend section 3 of chap- 
ter 250 of the Revised Laws by striking out the first word 
"the" and inserting in place thereof the words, all appointed, 
so that said section shall read as follows : 3. Eligibility. All 
appointed members shall be residents of the state, regularly 
licensed to practice medicine and shall have been actively en- 
gaged in the practice of their profession within the state for 
at least five years. 

2. State Health Officer. Amend section 4 of chapter 250 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 4. Appointment; Term; Re- 
moval. The state health officer shall be a member of the 
board, ex officio. The other members shall be appointed, as 
their terms expire, by the governor, with the advice and con- 
sent of the council. Their terms of office shall be five years and 
until their successors are appointed and qualified. Appoint- 
ments to fill vacancies shall be for the unexpired term. The 
governor and council may remove any appointed member of 
the board for sufficient cause. 

3. Secretary. Amend section 5 of chapter 250 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 5. Meetings; Officers. They shall 
meet annually and as much oftener as the business requires. 
At each annual meeting a president shall be chosen from the 
membership of the board. The state health officer shall serve 
as secretary. The duties of these officers shall be those usually 
pertaining to such offices. 

4. Medical Examiners. Amend chapter 250 of the Revised 
Laws by inserting after section 7 the following new section: 
7-a. Rules and Regulations. The board may make and pro- 
mulgate necessary rules and regulations governing the pro- 
cedure of the board, including procedure to be followed for 
the filing of charges and conduct of hearings with respect to 
suspension and revocation of licenses, the admission of appli- 
cants for examination, the setting of reasonable fees for tran- 



1951] Chapter 27 181 

scribing and transferring records and other services, and for 
the administration of the provisions of this chapter. 

5. Aliens. Amend chapter 250 of the Revised Laws by 
inserting after section 12 the following new section: 12-a. 
Temporary License ; Aliens. The board may issue a license for 
a term of five years to an alien physician who has taken out 
his first citizenship papers and who otherwise qualifies for a 
license under section 10 or 13. If during the five-year period 
the said alien physician shall became a citizen of the United 
States, upon adequate proof a permanent license shall be issued 
to such physician. 

6. Temporary or Restricted License. Amend section 13 of 
chapter 250 of the Revised Laws, as amended by section 7, 
chapter 8, Laws of 1950, by striking out said section and in- 
serting in place thereof the following. 13. License without 
Examination. The board may register and issue a permanent, 
temporary or restricted license, as it deems advisable for the 
best interest of the state, to any applicant who is legally quali- 
fied to treat human ailments or practice medicine in any state 
or country whose requirements the board deems equal to those 
of this state, upon payment of a fee of fifty dollars. 

7. Licenses. Amend section 14 of chapter 250 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 14. Suspension and Revocation. The 
board may suspend or revoke the license of any licensee who 
has obtained it by fraudulent means, who is insane, who has 
been convicted of any crime punishable by imprisonment in 
the state prison, who is guilty of malpractice or gross mis- 
conduct in the practice of his profession as such licensee, or 
whose moral character or personal habits are such as to unfit 
him for the practice of medicine. 

8. Procedure. Amend section 15 of chapter 250 of the 
Revised Laws by inserting after the word "to" in the second 
line the words, suspend or, so that said section as amended 
shall read as follows: 15. Notice. They shall give the 
licensee reasonable notice of a proceeding to suspend or revoke 
his license, the cause alleged against him and the time and 
place of the hearing thereon. 

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

[Approved March 15, 1951.] 



182 Chapter 28 [1951 

CHAPTER 28. 

AN ACT RELATING TO THE PRACTICE OF PHYSICAL THERAPY BY 
REGISTERED PHYSICAL THERAPISTS. 

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

1. Definitions. In this act, unless the context otherwise 
requires: I. "Physical Therapy" or physiotherapy means 
the treatment of any bodily or mental condition of any person 
by the use of the physical, chemical and other properties of 
heat, light, water, electricity, massage, and therapeutic exer- 
cise which includes physical rehabilitation procedures. The 
use of roentgen rays and radium for diagnostic and therapeutic 
purposes, and the use of electricity for surgical purposes, in- 
cluding cauterization, are not authorized under the term 
"physical therapy" as used in this act. II. "Physical thera- 
pist" means a person who practices physical therapy. III. 
"Board" means the board of registration in medicine. 

2. Conditions of Registration. To be eligible for registra- 
tion by the board as a physical therapist an applicant must: 
(a) be at least twenty-one years old; (b) be of good moral 
character; (c) have completed an approved course in physical 
therapy in a school maintaining at that time a standard satis- 
factory to the board; (d) pass to the satisfaction of the board 
an examination conducted by it or approved by it to determine 
his fitness for practice as a physical therapist. 

3. Original Registration. The board shall register as a 
physical therapist any person who applies for such registration 
on or before December 31, 1951, who at the time of the passage 
of this act was registered by the American Registry of Physi- 
cal Therapists, and was practicing physical therapy in the 
state of New Hampshire. The applicant for any original regis- 
tration hereunder shall pay the board a fee of five dollars at 
the time of making such application. 

4. Reciprocity. In lieu of examination the board may, in 
its discretion, register as a physical therapist, without exami- 
nation, on the payment of the required fee, an applicant for 
registration who is a physical therapist registered by the 
American Registry of Physical Therapists or under the laws 
of another state or territory, whose requirements the board 
deems equal to those in this state. 



1951] Chapter 28 183 

5. Examinations. The board shall examine or approve 
examination for applicants for registration as physical thera- 
pists at such times and places as it may determine. It shall 
employ two registered physical therapists to aid it in such 
examinations. The examinations shall embrace such subjects 
as the board deems necessary to determine the applicant's 
fitness. 

6. Registration. The board shall register as a physical 
therapist each applicant who proves to the satisfaction of the 
board his fitness for registration under the terms of this act. 
It shall issue to each person registered a certificate of registra- 
tion, which shall be prima facie evidence of the right of the 
person to whom it is issued to represent himself as a registered 
physical therapist, subject to the conditions and limitations of 
this act. 

7. Renewal of Registration. Applications for renewal of 
registration shall be filed on or before December thirty-first 
of each year accompanied by a fee of one dollar. All registra- 
tions issued under the provisions of this act shall expire on the 
thirty-first day of December each year unless previously sus- 
pended or revoked. Applications filed after the thirty-first day 
of December or before the fifteenth day of January must be 
accompanied by a fee of one dollar in addition to the renewal 
fee. All renewal registrations granted between January first 
and January fifteenth, inclusive, shall be retroactive to Janu- 
ary first. An application for registration after January fif- 
teenth shall only be granted on payment of a fee of three 
dollars. 

8. Revocation and Suspension of Registration. The board 
may suspend or revoke the registration of any registrant who 
has obtained it by fraudulent means, who is insane, who has 
been convicted of any crime punishable by imprisonment in 
the state prison, who is guilty of malpractice or gross miscon- 
duct in the practice of his profession as such registrant, or 
whose moral character or personal habits are such as to unfit 
him for the practice of physical therapy ; or who has treated 
or undertaken to practice independent of the prescription, 
direction or supervision of a person licensed in this state to 
practice medicine and surgery. Reasonable notice of a proceed- 
ing to suspend or revoke the registration of a registrant shall 
be given. The notice shall contain also the cause alleged 
against him and the time and place of the hearing. 



184 Chapter 28 [1951 

9. False Claims of Registration Forbidden. A person who 
is not registered under this act as a physical therapist or 
whose registration has been suspended or revoked, or whose 
registration has lapsed and has not been renewed, who uses 
in connection with his name the words or letters "R.P.T.," 
"Registered Physical Therapist," or any other letters, words 
or insignia indicating or implying that he is a registered 
physical therapist, or who in any other way, orally, or in writ- 
ing, or in print, or by sign, directly or by implication, repre- 
sents himself as a registered physical therapist shall be fined 
not more than fifty dollars for each offense. 

10. Practice of Registered Physical Therapists. A person 
registered under this act as a physical therapist shall not treat 
human ailments by physical therapy or otherwise except under 
the prescription, supervision, and direction of a person licensed 
to practice medicine and surgery. Nothing in this act shall be 
construed as authorizing a registered physical therapist to 
practice medicine, osteopathy, chiropractic, or any other form 
or method of healing except physiotherapy. 

11. Practice of Physical Therapy by Unregistered Persons. 
Nothing contained in this act shall be construed to limit or 
prevent practice of physical therapy by any person not regis- 
tered under the act, if such person does not represent himself 
to be a registered physical therapist. 

12. Powers and Duties of Board. The board is authorized 
to adopt reasonable rules and regulations to carry this act into 
effect and may amend and revoke such rules and regulations at 
its discretion. The board shall keep a record of its proceedings 
under this act and a register of all persons registered under it. 
The register shall show the names of every living registrant, 
his last known place of business and last known place of resi- 
dence, and the date and number of his registration and certifi- 
cate as a registered physical therapist. The board shall once 
each year compile a list of registered physical therapists. All 
fees collected by the board under the provisions hereof shall 
be used for the purposes of this act. 

13. Short Title of Act. This act may be cited as the 
"Physical Therapists Practice Act." 

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

[Approved March 20, 1951.] 



1951] Chapter 29 ' 185 

CHAPTER 29. 

AN ACT RELATING TO RIGHTS OF SURVIVING HUSBAND AND WIFE. 

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

1. Widow, Personalty; Testate. Amend paragraph II of 
section 10 of chapter 359 of the Revised Laws by striking out 
the words "five thousand" where they occur in the first and 
the third Hnes and inserting in place thereof the words, seven 
thousand five hundred, so that said paragraph as amended 
shall read as follows: II. If testate, and he leaves no issue 
surviving him, seven thousand five hundred dollars of the 
value thereof, and also one half in value of the remainder above 
said seven thousand five hundred dollars. 

2. Widow, Personalty: Intestate. Amend paragraph III 
of section 10 of chapter 359 of the Revised Laws by striking 
out the words "seven thousand five hundred" where they occur 
in the first and second lines and the third line and inserting in 
place thereof the words, ten thousand, so that said paragraph 
as amended shall read as follows: III. If intestate, and he 
leaves no issue surviving him, ten thousand dollars of the value 
thereof, and also one half in value of the remainder above said 
ten thousand dollars. 

3. Widow, Real Estate; Testate. Amend paragraph II of 
section 11 of chapter 359 of the Revised Laws by striking out 
the words "five thousand" where they occur in the first, the 
third, and the fifth lines and inserting in place thereof the 
words, seven thousand five hundred, so that said paragraph as 
amended shall read as follows : II. If testate, and he leaves 
no issue surviving him, seven thousand five hundred dollars of 
the value thereof, and also one half in value of the remainder 
above said seven thousand five hundred dollars ; and the same 
shall be assigned to her in the same manner as dower is as- 
signed. But where the inventory value of all his real estate does 
not exceed seven thousand five hundred dollars, she shall be en- 
titled to the whole of said remainder and no assignment of the 
same to her shall be required unless some party in interest 
shall petition the probate court therefor. 

4. Widow, Real Estate; Intestate. Amend paragraph III 
of section 11 of dhapter 359 of the Revised Laws by striking 
out the words "seven thousand five hundred" where they occur 



186 Chapter 29 [1951 

in the first and second lines, the third line, and the fifth and 
sixth lines and inserting in place thereof the words, ten thou- 
sand, so that said paragraph as amended shall read as follows : 
III. If intestate, and he leaves no issue surviving him, ten 
thousand dollars of the value thereof, and also one half in 
value of the remainder above said ten thousand dollars; and 
the same shall be assigned to her in the same manner as dower 
is assigned. But where the inventory value of all his real estate 
does not exceed ten thousand dollars she shall be entitled to 
the whole of said remainder and no assignment of the same to 
her shall be required unless some party in interest shall peti- 
tion the probate court therefor. 

5. Husband, Personalty; Testate. Amend paragraph IT 
of section 12 of chapter 359 of the Revised Laws by striking 
out the words "five thousand" where they occur in the first 
and the third lines and inserting in place thereof the words, 
seven thousand five hundred, so that said paragraph as amend- 
ed shall read as follows: II. If testate, and she leaves no 
issue surviving her, seven thousand five hundred dollars of the 
value thereof, and also one half in value of the remainder 
above said seven thousand five hundred dollars. 

6. Husband, Personalty; Intestate. Amend paragraph 
III of section 12 of chapter 359 of the Revised Laws by striking 
out the words "seven thousand five hundred" where they occur 
in the first and second lines and the third line and inserting in 
place thereof the words, ten thousand, so that said paragraph 
as amended shall read as follows : III. If intestate, and she 
leaves no issue surviving her, ten thousand dollars of the value 
thereof, and also one half in value of the remainder above said 
ten thousand dollars. 

7. Husband, Real Estate; Testate. Amend paragraph III 
of section 13 of chapter 359 of the Revised Laws by striking 
out the words "five thousand" where they occur in the first, 
the third, and the fifth lines and inserting in place thereof the 
words, seven thousand five hundred, so that said paragraph as 
amended shall read as follows: III. If testate, and she 
leaves no issue surviving her, seven thousand five hundred 
dollars of the value thereof, and also one half in value of the 
remainder above said seven thousand five hundred dollars ; and 
the same shall be assigned to him in the same manner as dower 
is assigned to a widow. But where the inventory value of all 



1951 Chapter 30 187 

her real estate does not exceed seven thousand five hundred 
dollars, he shall be entitled to the whole of said remainder, and 
no assignment of the same to him shall be required unless 
some party in interest shall petition 1?he probate court there- 
for. 

8. Husband, Real Estate; Intestate. Amend paragraph 
IV of section 13 of chapter 359 of the Revised Laws by strik- 
ing out the words "seven thousand five hundred" where they 
occur in the first and second lines, the third line, and the fifth 
and sixth lines and inserting in place thereof the words, ten 
thousand, so that the said paragraph as amended shall 
read as follows: IV. If intestate, and she leaves no issue 
surviving her, ten thousand dollars of the value thereof, and 
also one half in value of the remainder above said ten thousand 
dollars; and the same shall be assigned to him in the same 
manner as dower is assigned to a widow. But where the inven- 
tory value of all her real estate does not exceed ten thousand 
dollars he shall be entitled to the whole of said remainder and 
no assignment of the same to him shall be required unless some 
party in interest shall petition the probate court therefor. 

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

[Approved March 21, 1951.] 



CHAPTER 30. 

AN ACT RELATIVE TO CLASSIFICATION OF HIGHWAYS. 

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

1. Classification. Amend section 4, part 1 of chapter 90 
of the Revised Laws, as inserted by chapter 188, Laws of 1945, 
by adding the following new subsection : IV-a. The number 
of inhabitants for the determination of class IV highways 
shall be those shown by the latest available federal census; 
provided, that in towns where colleges or other institutions of 
higher learning are located and students residing within the 
town during the school year only, have been included in the 
federal census figures, the commissioner of public works and 
highways shall deduct from the federal census figures the 



188 Chapter 31 [1951 

number of such students as shown by a signed statement by 
the head of the college or other institution of higher learning. 
2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 21, 1951.] 



CHAPTER 31. 

AN ACT RELATIVE TO SNOW FENCES. 

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

1. Snow Fences; Construction and Removal. Amend sec- 
tion 13, part 10, 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. 
Snow Fences; Construction and Removal. The department of 
public works and highways may, after October 15, erect a 
fence upon property adjacent to any class I, II, or III highway 
in order to prevent snow from drifting thereon. The view 
from the landowner's buildings shall not be obstructed by such 
fence unless he consents, and the fence shall be removed on or 
before May first. 

2. Cities and Towns. Amend section 26, part 16, 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: 26. Snow Fences; Construction 
and Removal. Any city or town may, after October 15, erect 
a fence upon property adjacent to a public highway in order to 
prevent snow from drifting thereon. The view from the land- 
owner's buildings shall not be obstructed by such fence unless 
he consents, and the fence shall be removed on or before May 
first. 

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

[Approved March 21, 1951.] 



1951] Chapter 32 189 

CHAPTER 32. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE 
WATERS. 

Be it ermcted 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 and amended by 
chapter 1, Laws of Special Session, 1950, as follows: 

L Bradley Lake and all tributaries thereto, in the towns 
of Andover, Salisbury and Warner, from their sources to the 
outlet dam of Bradley Lake which is the source of public water 
supply for the village of Andover, Class A. 

11. The Water Supply Stream and its tributaries located 
on the northeast slope of the Uncanoonuc Mountains in the 
town of Goff stown, from their sources to the lower dam of the 
Goffstown public water supply system. Class A. 

in. Loon Pond and its tributaries in the town of Hills- 
borough, from their sources to the outlet dam of Loon Pond 
which is the source of public water supply for the town of 
Hillsborough, Class A. 

IV. Camp Brook and its tributaries in the town of Han- 
over from their sources to the overflow spillway of the lower 
reservoir of the Hanover public water supply, Class A. 

V. Newton Brook and its tributaries in the towns of 
Cornish, Croydon, Grantham and Plainfield, from their sources 
to the overflow spillway at the intake of the Meriden Water 
Company, Class A. 

VI. Boston Lot Reservoir and its tributaries in the town 
of Lebanon, from their sources to the overflow spillway of said 
reservoir, being- a part of the public water supply for West 
Lebanon, Class A. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 21, 1951.] 



190 Chapters 33, 34 [1951 

CHAPTER 33. 

AN ACT RELATING TO THE ANNUAL REPORT OF THE INSURANCE 
COMMISSIONER. 

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

1. Annual Report. Amend section 23 of chapter 321 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following : 23. Reports. He shall annually, 
on or before November 1 in each year, file with the secretary 
of state his annual report, which shall include an account of 
all sums collected by him for the use of the state during the 
preceding fiscal year, and of the expenses of his office, together 
with such pertinent statistical information about the operation 
of insurance companies within this state as he may deem to be 
of use to the legislature and the people of the state. He may 
add such recommendations as he shall deem proper. 

2. Takes Effect. This act shall take effect upon its 
passage and shall be deemed to apply to the report to be made 
for the year 1950. 

[Approved March 21, 1951.] 



CHAPTER 34. 

AN ACT RELATIVE TO THE DEFINITION OF TOTAL UNEMPLOYMENT, 

THE WEEKLY BENEFIT AMOUNT FOR TOTAL UNEMPLOYMENT 

AND MAXIMUM TOTAL AMOUNT OF BENEFITS PAYABLE 

DURING A BENEFIT YEAR, AND ALSO RELATIVE TO 

BENEFIT ELIGIBILITY CONDITIONS, UNDER THE 

UNEMPLOYMENT COMPENSATION LAW. 

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

1. Total Unemployment. Amend paragraph (1), subsec- 
tion N, section 1 of chapter 218 of the Revised Laws, by strik- 
ing out the whole of the same and inserting in place thereof 
the following: (1) An individual shall be deemed "totally 
unemployed" in any week with respect to which no wages are 
payable to him and during which he performs no services. An 



1951] Chapter 84 191 

individual who is not entitled to vacation pay from his em- 
ployer shall be deemed to be in "total unemployment" during 
the entire period of any general closing of his employer's place 
of business for vacation purposes, notwithstanding his prior 
assent, direct or indirect, to the establishment of such vacation 
period by his employer. 

2. Increase in Benefits. Amend subsection B, section 2 of 
said chapter 218, as amended by section 5, chapter 56 of the 
Laws of 1943, section 1, chapter 78 of the Laws of 1945, sec- 
tion 7, chapter 59 of the Laws of 1947, section 1, chapter 30 
of the Laws of 1949, by striking out the whole of the same and 
inserting in place thereof the following: B. Weekly Benefit 
Amount for Total Unemployment and Maximum Total Amount 
of Benefits Payable During Any Benefit Year. (1) Each eligible 
individual who is totally unemployed in any week shall be paid 
with respect to such week benefits in the amount shown in 
column B of the schedule delineated in this paragraph on the 
line on which in column A there is indicated the individual's 
annual wage class except as otherwise provided in paragraph 
(2) of this subsection. The maximum total amount of benefits 
payable to any eligible individual during any benefit year shall 
be the amount shown in column C of the schedule delineated 
in this paragraph on the line on which in column A there is 
indicated the individual's annual wage class except as other- 
wise provided in paragraph (2) of this subsection. 



A 


B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


In Base Period 


Amount 


Benefits 


$300.00- $349.99 


$7 


$182 


350.00- 399.99 


8 


208 


400.00 - 499.99 


9 


234 


500.00 - 599.99 


10 


260 


600.00 - 699.99 


11 


286 


700.00- 799.99 


12 


312 


800.00 - 899.99 


13 


338 


900.00 - 999.99 


14 


364 


1,000.00 - 1,099.99 


15 


390 


1,100.00 - 1,199.99 


16 


416 


1,200.00 - 1,299.99 


17 


442 


1,300.00 - 1,399.99 


18 


468 


1,400.00 - 1,499.99 


19 


494 



192 





Chapter 34 


[r 


1,500.00 - 1,599.99 


20 


520 


1,600.00 - 1,699.99 


21 


546 


1,700.00 - 1,799.99 


22 


572 


1,800.00 - 1,899.99 


23 


598 


1,900.00 - 1,949.99 


24 


624 


1,950.00 - 1,999.99 


25 


650 


2,000.00 - 2,099.99 


26 


676 


2,100.00 - 2,199.99 


27 


702 


2,200.00 - and over 


28 


728 



(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 in- 
dicated 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 eff"ect on 
the first day of the month immediately following the two- 
month period in this paragraph above mentioned. 



A 


B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


In Base Period 


Amount 


Benefits 


$300.00- $349.99 


$6 


$138 


350.00- 399.99 


7 


161 


400.00 - 499.99 


8 


184 


500.00 - 599.99 


9 


207 


600.00 - 699.99 


10 


230 


700.00 - 799.99 


11 


253 


800.00 - 899.99 


12 


276 


900.00 - 999.99 


13 


299 


1,000.00 - 1,099.99 


14 


322 


1,100.00-1,199.99 


15 


345 


1,200.00 - 1,299.99 


16 


368 


1,300.00 - 1,399.99 


17 


391 


1,400.00 - 1,499.99 


18 


414 


1,500.00 - 1,599.99 


19 


437 



1951] Chapter 35 193 



-] 


Chapter 35 




1,600.00 - 1,649.99 


20 


460 


1,650.00 - 1,699.99 


21 


483 


1,700.00 - 1,799.99 


22 


506 


1,800.00 - 1,899.99 


23 


529 


1,900.00 - and over 


24 


552 



(3) It being further provided that in the event the provi- 
sions 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 begin- 
ning of that benefit year. 

3. Benefit Eligibility Conditions. Amend paragraph (2), 
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, chapter 267 of the Laws of 1947, section 2, chapter 30 
of the Laws of 1949, and section 1, chapter 99 of the Laws of 
1949, by striking out the whole of the same and inserting in 
place thereof the following: (2) Unless he has annual earnings 
of not less than three hundred dollars within the base period 
in accordance with subsection P (2) of section 1. 

4. Effective Date. This act shall take effect as of April 1, 
1951 provided that benefits for all payable weeks ending after 
the effective date of said act shall be paid and treated in all 
respects in accordance with the provisions of the unemploy- 
ment compensation law as amended by this act. 
[Approved March 21, 1951.] 



CHAPTER 35. 



AN ACT RELATING TO QUARANTINE OR ISOLATION OF A PERSON 

WITH A COMMUNICABLE DISEASE IN A SUITABLE STATE 

INSTITUTION. 

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

1. State Institution. Amend section 3 of chapter 156 of 
the Revised Laws as inserted by section 1 of chapter 241 of 
the Laws of 1949 by inserting after the word "place" in the 



194 Chapter 36 [1951 

ninth line the words, or suitable state institution, so that said 
section as amended shall read as follows : 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 
estabhshed by the state board of health relating to the isola- 
tion 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 or suitable 
state institution if in the opinion of the health officer or state 
health officer, such person can be so removed without endan- 
gering 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 in- 
fected person as may be deemed necessary to prevent the 
spread of disease to others and thereby protect the public 
health. Any person having or suspected of having a communi- 
cable disease, any person who is a communicable disease car- 
rier or contact or any person who is suspected of being a com- 
municable disease carrier or contact shall, when directed by a 
health officer, submit to an examination for the purpose of 
determining the existence of a communicable 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. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 22, 1951.] 



CHAPTER 36. 

AN ACT RELATIVE TO THE DEFINITION OF "MOST RECENT EM- 
PLOYER," DETERMINATION OF CLAIMS, GHARGEABILITY OF 
EMPLOYERS FOR BENEFITS PAID, AND MERIT RATINGS 
OF EMPLOYERS UNDER THE UNEMPLOYMENT 
COMPENSATION LAW. 

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

1. Most Recent Employer. Amend subsection L, section 1 



1951] Chapter 36 195 

of chapter 218 of the Revised Laws, as amended by section 4, 
chapter 59 of the Laws of 1947, by striking out the whole of 
the same and inserting in place thereof the following: L. 
"Most Recent Employer." "Most recent employer" means 
the employer in whose employment a claimant last rendered 
services for wages as defined in section 1-P of this chapter. 

2. Initial Determination. Amend subsection B, section 5 
of said chapter 218, as amended by section 11, chapter 138 of 
the Laws of 1945, section 14, chapter 59 of the Laws of 1947, 
and section 8, chapter 185 of the Laws of 1949, by striking out 
the whole of the same and inserting in place thereof the fol- 
lowing: B. Initial Determination. A representative desig- 
nated by the commissioner, and hereinafter referred to as a 
deputy, shall promptly examine the claim of an individual, and 
on the basis of the facts found by him, either shall determine 
whether or not such claim is valid, and if valid, the week with 
respect to which benefits shall commence, the weekly benefit 
amount payable and the maximum duration thereof, and in 
accordance with the provisions of section 6-C of this chapter, 
the proper employer's account, if any, against which benefits 
of an eligible individual shall be charged, if and when paid, or 
shall refer such claim or any question involved therein to an 
appeal tribunal, which shall make its decision with respect 
thereto in accordance with the procedure described in sub- 
section 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 recon- 
sider his decision or any part thereof and shall promptly notify 
the claimant and such other interested parties of the denial 
of such application or of the change and the reasons therefor, 
as the case may be. No such redetermination shall be made 
after six months from the date of the original determination. 
Unless the claimant or any such interested party, within five 
calendar days after the delivery of the deputy's notification, 
or within seven calendar days after such notification was 
mailed to his last known address, files an appeal from such 
decision, such decision shall be final and benefits shall be paid 
or denied in accordance therewith ; provided, 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 fifing said appeal may be extended. 
If an appeal is duly filed, benefits with respect to the period 



196 Chapter 36 [1951 

prior to the final decision of the appeal tribunal shall be paid 
only after such decision; provided that if an appeal tribunal 
affirms a decision of a deputy allowing benefits, such benefits 
shall be paid regardless of any appeal which may thereafter 
be taken, but if such decision is finally reversed, no employ- 
er's account shall be charged with benefits so paid. Further- 
more, 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 reconsidered determination in 
any amount not in dispute shall be paid promptly regardless 
of any appeal. 

3. Separate Accounts. Amend subsection C, section 6 of 
said chapter 218, as amended by section 1, chapter 178 of the 
Laws of 1943, section 13, chapter 138 of the Laws of 1945, 
section 16, chapter 59 of the Laws of 1947, by striking out 
the whole of the same and inserting in place thereof the fol- 
lowing: C. Separate Accounts. The commissioner shall 
maintain a separate account for each employer and shall credit 
his account with all contributions paid by him or on his behalf. 
But nothing in this chapter shall be construed to grant any 
employer or individuals in his service prior claims or rights to 
the amounts paid by him into the fund, either on his own be- 
half or on behalf of such individuals. Benefits paid to an eligible 
individual shall be charged against the account of the claim- 
ant's most recent employer. 

In determining charge-backs to the most recent employer, 
no benefits will be charged back to an individual employer but 
shall be made against the fund if it is proven to the satisfac- 
tion of the commissioner that : 

(1) Benefits are paid to an individual for unemployment 
immediately after the expiration of a period of disqualification 
for (a) voluntary leaving without good cause attributable to 
the employer, or (b) discharge for misconduct connected with 
his work; 

(2) Benefits are paid to ex-servicemen on the basis of 
frozen credits; 

(3) Benefits are paid to an unemployed woman during 
the period of uninterrupted unemployment next ensuing after 
childbirth ; 

(4) Benefits are paid and are not chargeable against any 
employer's account in accordance with the provisions of section 
5-B of this chapter. 



1951] Chapter 36 197 

For the purposes of this subsection, the account of the most 
recent employer shall not be charged with benefits paid to a 
claimant whose work record with such employer totaled four 
(4) consecutive weeks or less of employment; but in such case 
the most recent employer with whom claimant's work record 
exceeded four (4) consecutive weeks or more of employment 
shall be charged if such employer would otherwise have been 
chargeable had not subsequent employment intervened. 

The commissioner shall notify each employer of benefit 
charges made against said employer's account not less than 
once each quarter and during the quarter next ensuing after 
the charge-back of said benefits. 

Any charges which are made against the account of any 
employer under this section, of which the employer has been 
notified, shall be considered correct for all purposes unless 
objections to such charges are received not later than sixty 
days after notification of the final quarter's benefit charges 
against said employer for the rating year has been mailed to 
the employer's last known address. 

Any charges which on the occasion of the next previous 
calculation prior to the eff'ective date of this section have been 
made against the account of any employer for merit rating 
purposes, of which the employer has been notified, shall be 
considered correct for all purposes unless objections to such 
charges are received within ninety days after the effective 
date of this section. 

If objections to such charges duly and properly made are 
received, any redetermination of the amounts charged against 
an employer's account, of which the employer has been noti- 
fied, shall be considered correct for all purposes unless objec- 
tions to such redetermination are received within thirty days 
after such notification of said redetermination has been mailed 
to the employer's last known address. The commissioner shall, 
by general rules, prescribe the manner in which benefits shall 
be charged against the accounts of several employers for 
whom an individual performed employment at the same time. 

4. Merit Ratings. Amend subsection D, section 6 of said 
chapter 218, as amended by section 14, chapter 138 of the 
Laws of 1945, section 17, chapter 59 of the Laws of 1947, 
section 11, chapter 185 of the Laws of 1949, section 1, chapter 
251 of the Laws of 1949, by striking out the whole of the same 
and inserting in place thereof the following: D. Merit 



198 Chapter 36 [1951 

Ratings. The commissioner shall for each calendar year 
classify employers in accordance with their actual experience 
in the payment of contributions on their own behalf and with 
respect to benefits charged against their accounts, with a view 
to fixing such contribution rates as will reflect such experience ; 
such rate to become eflfective with the fiscal year beginning 
July 1, 1951 and on each succeeding fiscal year beginning on 
July 1 thereafter. 

The pay roll factor in such computation will represent the 
average annual pay roll for the three immediately preceding 
consecutive calendar years prior to January 1 of the year to 
which the computation applies. The benefit factor will be repre- 
sented by all benefits paid and charged against the account of 
that employer up to and including the preceding December 31. 

No employer shall be entitled to a rate of less than 2.7 per 
centum unless and until as of January 1 of the year wherein 
the rate becomes applicable there had been three consecutive 
calendar years wherein the account of the employer was 
chargeable with benefits. 

No employer shall be entitled to a merit rating under this 
subsection for any calendar year unless and until the balance 
of the unemployment compensation fund as of March 31 or 
September 30 of such calendar year equals or exceeds twelve 
million dollars, at which time the computations delineated in 
Schedule I will, in accordance with further provisions herein- 
below made, become effective and be applicable, it being pro- 
vided, however, that if as of March 31 or Septeifiber 30 of the 
year to which the rate is applicable, the balance of the unem- 
ployment compensation fund equals or exceeds eighteen mil- 
lion dollars, the computations delineated in Schedule II will, in 
accordance with further provisions hereinbelow made, become 
effective and be applicable. 

It is further provided that the time the operation of a busi- 
ness of an employer was suspended because of the employer's 
service in the armed forces during World War II, or because of 
the employer's service in the armed forces of the United States 
or any of its allies or of the United Nations after July 1, 1950, 
shall be considered as if the business had been actively and 
continuously operating during such period. 

Should the commissioner determine at any time that the 
solvency of the fund does not permit the adoption or mainte- 
nance of individually reduced contribution rates under this 



1951] Chapter 86 199 

subsection, he shall, for the purposes of this subsection, set a 
standard rate for all employers of 2.7 per centum per annum. 
The commissioner may make such change effective with the 
first day of any calendar quarter. 

No employer shall be entitled to a merit rating under this 
subsection unless he has properly and duly submitted reports 
and contributions required and due under the provisions of 
this chapter. It is provided, however, that any employer who, 
for the first time, loses his rate because of the foregoing and 
reestabhshes his rights at a later date during the year to 
which a rate might have been applicable, may apply for the 
reinstatement of said rate to which he would have been been 
entitled, to become effective for the last six months of the year 
to which said rate is applicable. 

The computation date will be known as December 31 (to in- 
clude contributions on that year's and prior years' employment 
paid through the succeeding January 31) and the effective date 
as July 1. If, as of the computation date, the total of all con- 
tributions paid on his own behalf and credited to his account 
for all past years exceeds the total benefits charged against 
his account for all past years and, as hereinabove stated, the 
balance of the unemployment compensation fund as of March 
31 or September 30 of the year to which the rate might be 
applicable equals or exceeds twelve million dollars but does 
not equal or exceed eighteen million dollars, his contribution 
rate, effective with the first day of the second succeeding cal- 
endar quarter, shall be determined by subtracting from the 
maximum contribution rate of 2.7 per centum the following 
amounts : 

Schedule I 

(a) Two-tenths of one per centum if such excess equals or 
exceeds eight per centum of his average annual pay roll ; 

(b) Four-tenths of one per centum if such excess equals or 
exceeds nine per centum of his average annual pay roll ; 

(c) Seven-tenths of one per centum if such excess equals or 
exceeds ten per centum of his average annual pay roll ; 

(d) Nine-tenths of one per centum if such excess equals or 
exceeds eleven per centum of his average annual pay roll ; 

(e) One and two-tenths per centum if such excess equals 
or exceeds twelve per centum of his average annual pay roll; 



200 Chapter 36 [1951 

(f) One and one-half per centum if such excess equals or 
exceeds fourteen per centum of his average annual pay roll; 

(g) One and seven-tenths per centum if such excess equals 
or exceeds fifteen per centum of his average annual pay roll. 

If, such as hereinabove stated, the balance of the unemploy- 
ment compensation fund as of March 31 or September 30 of 
the year to which the rate might be applicable equals or ex- 
ceeds eighteen milhon dollars, his contribution rate, effective 
with the first day of the second succeeding calendar quarter, 
shall be determined by subtracting from the maximum con- 
tribution rate of 2.7 per centum the following amounts : 

Schedule II 

(a) Two-tenths of one per centum if such excess equals or 
exceeds five per centum of his average annual pay roll ; 

(b) Four-tenths of one per centum if such excess equals or 
exceeds six per centum of his average annual pay roll ; 

(c) Eight-tenths of one per centum if such excess equals or 
exceeds eight per centum of his average annual pay roll; 

(d) One and one-tenth per centum if such excess equals or 
exceeds nine per centum of his average annual pay roll ; 

(e) One and five-tenths per centum if such excess equals or 
exceeds ten per centum of his average annual pay roll ; 

(f ) One and eight-tenths per centum if such excess equals 
or exceeds eleven per centum of his average annual pay roll; 

(g) Two and one-tenth per centum if such excess equals or 
exceeds twelve per centum of his average annual pay roll ; 

(h) Two and two-tenths per centum if such excess equals 
or exceeds fourteen per centum of his average annual pay roll. 

No employer shall be entitled to a contribution rate of less 
than one-half of one per centum. 

No employer shall be entitled to have more than seven- 
tenths of one per centum subtracted from the contribution 
rate established in accordance with this subsection unless his 
contributions were at least twice the total benefits paid from 
the fund and chargeable to his account within the last preced- 
ing year ending March 31. 

As used in this section after December 31, 1940, the term 
"annual pay roll" means the total amount of wages paid by an 
employer (regardless of the time of payment) for employment 



1951] Chapter 36 201 

during a calendar year, and the term "average annual pay 
roll" means the average of the annual pay rolls of an employer 
for the last three preceding calendar years. 

Reports to an employer of the merit rating of said employer 
for the applicable rating period shall be furnished in such 
manner as the commissioner may prescribe, but in any event 
not less frequently than once every year. Any merit rating 
assigned to any employer under this section, of which the em- 
ployer has been notified, shall be considered correct for all 
purposes unless objections to such merit rating are received 
within thirty days after notification of said employer's merit 
rate for the ensuing year has been mailed to the employer's 
last known address. 

Any merit rating which prior to the eflfective date of this 
section has been assigned to any employer, of which the em- 
ployer has been notified, shall be considered correct for all 
purposes unless objections to such merit rating are received 
within thirty days after the effective date of this section. 

If objections to such merit rating duly and properly made 
are received, any redetermination of said merit rating, of 
which the employer has been notified, shall be considered cor- 
rect for all purposes unless objections to such redetermination 
are received within thirty days after such notification of said 
redetermination has been mailed to the employer's last known 
address. 

Except as otherwise provided in this section, whenever 
through inadvertence or mistake erroneous charges or credits 
are found to have been made to rating accounts, the same shall 
be readjusted as of the date of discovery and such readjust- 
ment shall not aflfect any computation or rate assigned prior 
to the date of discovery but shall be used on the next compu- 
tation date in calculating the future contribution rates. 

5. Repeal. Subsection E, section 6 of said chapter 218, as 
amended by section 2, chapter 252 of the Laws of 1949, relative 
to merit ratings, is hereby repealed. 

6. Successorship. Amend subsection F, section 6 of said 
chapter 218, as inserted by section 16, chapter 138 of the Laws 
of 1945, by striking out the whole of the same, renumbering 
and inserting in place thereof the following : E. Successor- 
ship. For the purposes of subsection D of this section, an 
employing unit which acquires the organization, trade, or 
business, or substantially all of the assets thereof, of any 



202 Chapter 36 [1951 

employer, excepting, in any such case, any assets retained by 
such employer incident to the liquidation of his obhgations 
(whether or not such acquiring employing unit was an em- 
ploying unit within the meaning of section 1-G of this chapter 
prior to such acquisition), and who intends to continue such 
organization, trade or business, immediately shall notify the 
commissioner thereof, and shall assume, for the purpose of 
liability, the position of such employer with respect to such 
employer's separate account, actual contribution and benefit 
experience and annual pay rolls, as if no change with respect 
to such separate account, actual experience and pay rolls had 
occurred and with the same effect for such purpose as if the 
operations of such employer had at all times been carried on 
by such employing unit. Such separate account shall be trans- 
ferred by the commissioner to such employing unit and, as of 
the date of such acquisition, shall become the separate account 
or part of the separate account, as the case may be, of such 
employing unit, and the benefits thereafter chargeable to such 
employer on account of employment prior to the date of such 
acquisition shall be charged to such separate account. 

No rate of less than 2.7 per cent shall be permitted an em- 
ploying unit succeeding to the experience of another employing 
unit pursuant to this subsection for any period subsequent 
to such succession except in accordance with regulations pre- 
scribed by the commissioner, which regulations shall be con- 
sistent with federal requirements for additional credit allow- 
ance in section 1602 of the Internal Revenue Code, and con- 
sistent with the provisions of this chapter, except that such 
regulations may establish a computation date for any such 
period different from the computation date generally pre- 
scribed by this chapter. 

Unless hereinafter specifically provided the provisions of 
this subsection shall apply to acquisition prior, as well as sub- 
sequent, to the date this subsection becomes effective, and any 
employing unit which so acquired the trade, organization or 
business of any employer, or substantially all the assets there- 
of, prior to said effective date shall notify the commissioner 
within sixty days thereafter; provided, however, that in the 
case of acquisition prior to the date this subsection becomes 
effective, any new rate or rates obtained or acquired by virtue 
of this subsection shall be effective and controlling as of said 
effective date and not before. 



1951] Chapter 37 203 

7. Takes Effect. This act shall take effect March 31, 1951, 
provided that benefits paid to an eligible individual for total or 
partial unemployment occurring in any benefit year beginning 
after the effective date of this act shall be charged to the ac- 
count of the last employer with whom said individual's work 
record exceeded four consecutive weeks or more of employ- 
ment, it being further provided that if such condition is not 
met then said benefits in this section referred to shall be 
charged to the most recent employer as described in this chap- 
ter prior to the effective date of this act, and whose account 
was currently charged as the most recent employer at the time 
of the effective date of this act. 
[Approved March 23, 1951.] 



CHAPTER 37. 



AN ACT RELATING TO DUTIES OF SELECTMEN TO MAKE REPORTS TO 

TAX COMMISSION AND OF SCHOOL DISTRICT CLERK 

TO REPORT TO SELECTMEN. 

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

1. Selectmen. Amend section 19 of chapter 59 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 19. Report to Tax Commission. 
They shall, on or before July first in each year, transmit to the 
tax commission, upon blanks furnished by the commission for 
the purpose, a certificate showing the number of polls and total 
valuation of each class of property included in the inventory 
of polls and ratable estates of their respective towns, taken in 
April, the amount of taxes levied, and the rate per cent of 
taxation for all purposes that year. 

2. School District. Amend section 19 of chapter 139 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following : 19. Clerk. The clerk shall keep 
a true record of all the doings of each meeting; shall deliver 
to the selectmen between June 1 and June 10 an attested copy 
of every vote to raise money ; shall make an attested copy of 
any record of the district for any person upon request and 
tender of legal fees therefor; shall act as moderator of any 



204 Chapter 38 [1951 

meeting until a moderator pro tempoi^e shall be chosen, if the 
moderator is absent or the office has become vacant ; and shall 
have the same power to administer oaths which the moderator 
has. If the clerk is absent at any meeting a clerk pro tempore 
shall be chosen. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 23, 1951.] 



CHAPTER 38. 

AN ACT ESTABLISHING AN ADVISORY COMMITTEE TO THE BOARD 
OF NURSE EXAMINERS. 

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

1. Nurse Examiners. Amend chapter 257 of the Revised 
Laws, as amended by chapter 285 of the Laws of 1947, by in- 
serting after section 13 the following new section: 13-a. 
Advisory Committee. The commissioner of education, subject 
to the approval of the 'governor and council, shall appoint a 
committee of five members to be known as the advisory com- 
mittee to the board of nurse examiners. The term of office of 
each shall be five years and until a successor is appointed and 
qualified, provided that of the first appointments one shall be 
appointed for a term of one year, one for a term of two years, 
one for a term of three years, one for a term of four years and 
one for a term of five years. The commissioner in making 
appointments under the provisions of this section shall include 
a member of the New Hampshire Medical Society, a member 
of the New Hampshire Hospital Association, a member of the 
education profession and two other persons interested in nurse 
education. The members of said committee shall serve without 
compensation but may be reimbursed for necessary expenses 
incurred in the performance of their duties hereunder. The 
commissioner of education shall designate the chairman of 
said committee. It shall be the duty of said committee to meet 
at least twice a year with the board of nurse examiners for the 
purpose of assisting said board in more fully carrying out the 
provisions of this chapter. 

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

[Approved March 23, 1951.] 



1951] Chapters 39, 40 205 

CHAPTER 39. 

AN ACT RELATING TO THE ENUMERATION OF CHILDREN. 

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

1. Enumeration of Children. Amend section 37 of chapter 
135 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 37. Enumeration of 
Children. Agents appointed by school boards of school dis- 
tricts shall annually make an enumeration of the children of 
each sex from birth through eighteen years of age in each 
school district as of September 1 giving such items in regard 
to each child as may be required by the state board of educa- 
tion, and shall make a report thereof to the school board by 
September 10. The school board shall make a report on the 
enumeration of children by October 1 to the state board of 
education. 

2. Takes Eflfect. This act shall take effect July 1, 1951. 
[Approved March 23, 1951.] 



CHAPTER 40. 



AN ACT RELATIVE TO USE OF FALSE NAMES FOR POLITICAL 
ENDORSEMENT. 

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

1. False Names or Endorsement. Amend section 14 of 
chapter 41 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 14. False 
Documents; Names or Endorsement. Any person who shall, 
without authority, sign the name of any other person to any 
letter or other document, or falsely represent that any other 
person has written such letter or document, knowing such 
representation to be false, for the purpose of influencing votes, 
or who shall by false representation, use, employ or assign the 
name of any other person, or a fictitious name on a radio or 
television broadcast or other means of communication, to 
signify endorsement of a political party, candidates or pro- 



206 Chapter 41 [1951 

grams, or for the purpose of influencing votes, shall be fined 
not more than one thousand dollars or imprisoned not more 
than one year or both. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 23, 1951.] 



CHAPTER 41. 



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 and amended by 
chapter 1, Laws of Special Session, 1950, as follows : 

I. Suncook River and its tributaries, in the towns of 
Alton, Barnstead, Farmington, Gilford, Gilmanton, Loudon, 
New Durham, North wood, Pittsfield and Strafford, from their 
sources to Whites Dam, just above the Village of Pittsfield, 
Class B-1. 

II. Little Suncook River and its tributaries, in the towns 
of Deerfield, Epsom, Northwood, Pittsfield and Strafford, from 
their sources to the outlet dam of Northwood Lake, Class B-1. 

III. Little Suncook River and its tributaries, in the towns 
of Deerfield, Epsom, Pittsfield and Northwood, from the outlet 
dam of Northwood Lake to confluence of Suncook River, Class 
B-2. 

IV. Soucook River and its tributaries, in the towns of 
Belmont, Canterbury, Chichester, Concord, Gilmanton, Lou- 
don, Northfield and Pembroke, from their sources to confluence 
of the Merrimack River, Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 27, 1951.] 



1951] Chapters 42, 43 207 

CHAPTER 42. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE 
WATERS. 

Be it enacted by the Senate and Hotise 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 and amended by 
chapter 1, Laws of Special Session, 1950, as follows : 

L Oliverian Brook and its tributaries, in the towns of 
Haverhill, Benton, and Warren, upstream from the point just 
below the confluence of Oliverian Brook and North Branch in 
the village of East Haverhill, Class B-1. 

H. Indian Pond Brook and Bean Brook and their tribu- 
taries, in the towns of Piermont and Orford, from their sources 
to confluence with the Connecticut River, Class B-1. 

HL Jacobs Brook and its tributaries, in the towns of 
Orford, Lyme, Wentworth and Dorchester, from their sources 
to confluence with the Connecticut River, Class B-1. 

IV. Clay Brook and its tributaries, in the towns of Or- 
ford and Lyme, from their sources to confluence with the Con- 
necticut River, Class B-1. 

V. Grant Brook and its tributaries, in the town of Lyme, 
from their sources to confluence with the Connecticut River, 
Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 28, 1951.] 



CHAPTER 43. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE 
V^ATERS. 

Be it enacted by the Senate and Hotise 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 accordance 



208 Chapter 44 [1951 

with the provisions of chapter 166-A of the Revised Laws as 
inserted by chapter 183, Laws of 1947 and amended by chapter 
1, Laws of Special Session, 1950, as follows: 

L Cohas Brook and its tributaries, in the towns of 
Auburn, Chester, Derry, Londonderry and Manchester, except 
Massabesic Lake and its tributaries, from their sources to the 
outlet spillway of Pine Island Park Pond, Class B-1. 

n. South Branch Piscataquog River and its tributaries, 
in the towns of Bennington, Deering, Francestown, Greenfield, 
Lyndeborough, Mont Vernon, New Boston and Weare, from 
their sources to the dam at the old Grist Mill in the village of 
New Boston, Class B-1. 

in. Piscataquog River and its tributaries, in the towns 
of Deering, Dunbarton, Francestown, Goffstown, Henniker, 
Hopkinton, New Boston and Weare, from their sources to its 
confluence with the South Branch Piscataquog River, Class 
B-1. 

IV. Middle Branch Piscataquog River and its tributaries, 
in the towns of Francestown, New Boston and Weare, from 
their sources to confluence of the South Branch Piscataquog 
River, Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 28, 1951.] 



CHAPTER 44. 



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 and amended by 
chapter 1, Laws of Special Session, 1950, as follows: 

I. Hewes Brook and its tributaries, in the towns of Lyme 
and Hanover, from their sources to confluence with the Con- 
necticut River, Class B-1. 



1951] Chapter 45 209 

II. Camp Brook and its tributaries, in the town of Han- 
over, from the -overflow spillway of the lower Hanover Reser- 
voir to confluence with the Connecticut River, Class B-1. 

III. Bloods Brook and its tributaries, in the towns of 
Lebanon and Plainfield, from the overflow spillway at the in- 
take of the Meriden Water Company to confluence with the 
Connecticut River, Class B-1. 

IV. Blow-Me-Down Brook and its tributaries, in the 
towns of Cornish, Plainfield and Croydon, from their sources 
to the outlet dam of Blow-Me-Down Pond, Class B-1. 

V. Eastman Brook and its tributaries, in the towns of 
Piermont, Haverhill, Benton and Warren, from their sources 
to the so-called Morrison Dam (located approximately 50 yards 
downstream from the Dartmouth College Highway), Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 28, 1951.] 



CHAPTER 45. 



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 and amended by 
chapter 1, Laws of Special Session, 1950, as follows: 

I. North Branch Contoocook River and its tributaries, 
in the towns of Antrim, Hillsborough, Nelson, Stoddard and 
Windsor, from their sources to the outlet of Jackman Reser- 
voir, Class B-1. 

II. Beards Brook and its tributaries, in the towns of 
Bradford, Hillsborough, Stoddard, Washington and Windsor, 
from their sources to confluence with the North Branch Con- 
toocook River, Class B-1. 

HI. Isinglass River and its tributaries, in the towns of 
Barrington, Farmington, North wood, Rochester and Strafford, 
from their sources to confluence with the Cocheco River, Class 
B-1. 



210 Chapters 46, 47 [1951 

IV. Bellamy River and its tributaries, in the towns of 
Harrington, Dover, Lee and Madbury, from their sources to 
the dam of Sawyer's Mill of the American Woolen Co., Dover, 
Class B-1. 

V. Baker River and its tributaries, in the towns of Ben- 
ton, Canaan, Dorchester, Ellsworth, Groton, Orang-e, Orford, 
Piermont, Rumney, Warren, Wentworth and Woodstock, from 
their sources to a point just below the confluence of Stinson 
Brook and the Baker River, Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 28, 1951.] 



CHAPTER 46. 



AN ACT PROHIBITING THE USE OF POWER BOATS ON LAKE 
WHITTEMORE IN THE TOWN OF BENNINGTON. 

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

1. Prohibition. On and after the date of the passage of 
this act, no person shall use or operate any motor boat or other 
boat equipped with an outboard motor on the waters of Lake 
Whittemore in the town of Bennington. 

2. Penalty. Whoever violates any of the provisions of the 
preceding section shall be fined not more than fifty dollars. 

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

[Approved March 28, 1951.] 



CHAPTER 47. 

AN ACT RELATING TO REPRESENTATION OF THE DEPARTMENT OF 

AGRICULTURE ON THE COUNCIL ON RESOURCES 

AND DEVELOPMENT. 

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

1. Department of Agriculture. Amend section 1 of chap- 
ter 249-A of the Revised Laws as inserted by part 12 of chapter 



1951] Chapter 47 211 

5 of the Laws of 1950 by inserting after the second word "com- 
mission" in the fifth line the words, department of agriculture, 
so that said section as amended shall read as follows: 1. 
Council Established. There shall be a council on resources 
and development consisting of delegates from each of the fol- 
lowing state agencies chosen in the manner hereinafter pro- 
vided : Fish and game commission, planning and development 
commission, New Hampshire water pollution commission, 
department of agi'iculture, forestry and recreation commis- 
sion, and New Hampshire water resources board. Each delegate 
shall hold office as a member of the council until the end of the 
term for which he was appointed to his respective agency. 
They shall serve without compensation but may be reimbursed 
for their reasonable expenses incurred in the performance of 
their duties. 

2. Delegate from Agricultural Department. Amend sec- 
tion 4 of chapter 249-A of the Revised Laws as inserted by 
part 12 of chapter 5 of the Laws of 1950 by inserting after the 
word "Laws" in the seven line the words, the department of 
agriculture, as established by section 1, chapter 223 of the 
Revised Laws, so that said section as amended shall read as 
follows: 4. Delegates Chosen. The planning and develop- 
ment commission, established under section 40 of chapter 27 
of the Revised Laws as amended, the New Hampshire water 
pollution commission as established by chapter 166-A of the 
Revised Laws, as inserted by chapter 183 of the Laws of 1947, 
the forestry and recreation commission, as established by sec- 
tion 1, chapter 233 of the Revised Laws, the department of 
agriculture, as established by section 1, chapter 223 of the 
Revised Laws, the fish and game commission, as established by 
section 1, chapter 240 of the Revised Laws, and the New 
Hampshire water resources board, as established by section 3, 
chapter 266 of the Revised Laws, shall each choose from 
among its members a delegate to sit upon the council hereto- 
fore established. Such designation shall continue in full force 
and effect until the expiration of the term of oflfice of any such 
delegate as a member of the commission or board from which 
he is chosen and until a new delegate is selected as his succes- 
sor on the council. 

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

[Approved March 28, 1951.] 



212 Chapters 48, 49 [1951 

CHAPTER 48. 

AN ACT RELATING TO POWERS OF DIRECTOR AND CONSERVATION 
OFFICERS. 

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

1. Powers of Conservation Officers. Amend paragraph 
IX, section 25, chapter 240 of the Revised Laws by inserting 
after the word "paraphernaHa" in the first line the words, 
hunting or fishing Hcenses, so that said paragraph as amended 
shall read as follows: IX. To seize all fishing tackle, guns, 
shooting and hunting paraphernalia, hunting or fishing 
licenses, traps, boats, decoys, or other appliances used in vio- 
lation of any law, rule or regulation relating to fish, game or 
fur-bearing animals, when making an arrest, or found in the 
execution of a search warrant, and hold the same at the 
owner's expense until the fine and costs imposed for the viola- 
tion have been paid in full ; 

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

[Approved March 28, 1951.] 



CHAPTER 49. 

AN ACT INCREASING FEES FOR NONRESIDENT TRAPPING LICENSES. 

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

1. Nonresident Trapping Licenses. Amend paragraph V 
of section 6, chapter 247, Revised Laws, by striking out the 
word "fifty" in the second line and inserting in place thereof 
the words, two hundred, so that said paragraph as amended 
shall read as follows: V. If the applicant is a nonresident 
and wishes to take fur-bearing animals by the use of traps, 
two hundred dollars, and the agent shall thereupon issue a 
nonresident trapping license, which shall entitle the licensee 
to take fur-bearing animals by the use of traps and sell and 
transport them, under the restrictions of this title. 

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

[Approved March 28, 1951.] 



1951] Chapters 50, 51 213 

CHAPTER 50. 

AN ACT RELATING TO THE APPOINTMENT OF MEDICAL REFEREES. 

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

1. Medical Referees. Amend section 3 of chapter 436 of 
the Revised Laws by inserting after the word "appointments" 
in the second line, the words, and each shall continue in office 
until his successor is appointed and qualified, so that said 
section as amended shall read as follows : 3. Term. Medical 
referees shall hold their office five years from the time of their 
appointments and each shall continue in office until his suc- 
cessor is appointed and qualified, but may be removed from 
office by the governor and council at any time for cause. 

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

[Approved March 28, 1951.] 



CHAPTER 51. 

AN ACT RELATIVE TO THE PRACTICE OF DENTISTRY. 

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

1. Dentistry Board. Amend section 5 of chapter 251 of 
the Revised Laws by striking out the word "five" in the first 
and fourth fines of said section and inserting in place thereof 
the word, ten, so that said section as amended shall read as 
follows : 5. Compensation. The members of the board shall 
receive ten dollars for each day actually engaged in the duties 
of the office and all necessary expenses. The secretary- 
treasurer of the board may receive a salary to be fixed by the 
board instead of the per diem of ten dollars. Said board shall 
receive no compensation in excess of the amount of the fees 
and fines received, and shall be of no expense to the state be- 
yond such amount. 

2. Fees. Amend section 12 of chapter 251 of the Revised 
Laws by striking out the word "one" in the third line and in- 
serting in place thereof the word, two, so that said section as 



214 Chapter 51 [1951 

amended shall read as follows: 12. Registration. Every 
person licensed to practice dentistry or dental hygiene in this 
state shall annually before April first notify the board of his 
office address, and pay a registration fee of two dollars. He 
shall also notify the board promptly of any change of address. 

3. Examinations. Amend section 16 of chapter 251 of the 
Revised Laws, by striking out the word "twenty-five" in the 
second line and inserting in place thereof the word, fifty, so 
that said section as amended shall read as follows : 16. Fees. 
The fee for each person applying for examination for a license 
is fifty dollars, and for every duplicate license issued by said 
board, except as provided in section 13, five dollars. Any 
person failing to pass a satisfactory examination at the first 
trial shall be entitled to be once reexamined at a future meet- 
ing of the board without additional payment. 

4. Dental Students. Amend section 17 of chapter 251 of 
the Revised Laws, as amended by section 1, chapter 142 of the 
Laws of 1949 by inserting after the word "of" in the fortieth 
line the words, a registered dentist at a state hospital or, and 
by inserting at the end thereof the words, or prevent students 
from serving as interns in any hospital approved by said board, 
so that said section as amended shall read as follows: 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 indirectly, for profit or otherwise, for him- 
self 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 indirect- 
ly is manager, proprietor, or conductor of the same; or who 
directly or indirectly informs the public in any language, 
orally, in writing, or in printing, or by drawings, demonstra- 
tions, specimens, signs, or pictures that he can perform or will 
attempt to perform 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 granted 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 pre- 
scribe for or profess to prescribe for any of the lesions, dis- 



1951] Chapter 51 215 

eases, disorders, or deficiencies of the human oral cavity, 
teeth, gums, maxilla, or mandible or adjacent associated 
structures; oi- who extracts human teeth, corrects malposi- 
tions thereof or of the jaws; or who, except on the written 
prescription of a duly licensed dentist and by the use of im- 
pressions 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, construct, re- 
produce, or repair prosthetic dentures, bridges, appliances, or 
other structures to be used and worn as substitutes for natural 
teeth, or adjust the same; or who administers dental anesthet- 
ics, either general or local ; or who engages in any of the prac- 
tices included in the curricula of recognized dental colleges; 
provided that nothing herein shall prevent regularly licensed 
physicians or surgeons from treating or prescribing for lesions, 
diseases, disorders, or deficiencies of the human oral cavity, 
teeth, gums, maxilla, or mandible or adjacent associated 
structures, or from extracting human teeth or administering 
anesthetics, or using or prescribing drugs or other remedies ; 
nor shall it prevent students from performing dental opera- 
tions under the supervision of a registered dentist at a state 
hospital or competent instructors within a dental school, col- 
lege, or dental department of a university recognized by said 
board, or prevent students from serving as interns in any 
hospital approved by said board. 

5. Dental-Hygienists. Amend section 18 of chapter 251 
of the Revised Laws, as amended by section 2, chapter 142 of 
the Laws of 1949, 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: 18. Eligi- 
bility; Examination; Registra;tion. Any person of good moral 
character and 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 training school for dental-hygienists, may, upon the 
payment of fifteen dollars, be examined by said board in the 
subjects considered essential by it for a dental-hygienist, and, 
if his examination 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. 



216 Chapter 52 [1951 

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, 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. 

6. Interstate Provisions. Amend section 22 of chapter 251 
of the Revised Laws, by striking out the word "twenty-five" 
and inserting in place thereof the word, fifty, so that said 
section as amended shall read as follows: 22. Fees. The 
fee for issuing a license under section 20 shall be fifty dollars, 
and for issuing a certificate under section 21, five dollars. In 
each case the fee shall be paid in advance. 

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

[Approved March 29, 1951.] 



CHAPTER 52. 

AN ACT RELATING TO CONTROL OF VICIOUS DOGS. 

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

1. Dogs. Amend chapter 180 of the Revised Laws by in- 
serting after section 34 the following new section: 34-a. 
Vicious Dogs. Any person who considers a dog to be vicious 
or a menace to persons or property without the enclosure of 
its owner or keeper may make complaint to the chief of police 
of the city or to the selectmen of the town in which such dog 
is kept, and such officers shall, within three days after the 
receipt of such complaint, investigate the case, and, if the 
complaint is sustained, shall forthwith order the owner or 
keeper of such dog to muzzle or restrain such dog from run- 
ning at large as the case may require. Service of such order 
shall be made upon the owner or keeper of such dog by caus- 
ing a certified copy of such order to be delivered to him ; and if 
he refuses or neglects for twelve hours thereafter to comply 
therewith he shall be fined not more than twenty-five dollars, 
and the chief of police or selectmen may issue their warrant 
to one or more of the police officers or constables of such city 



1951] Chapter 53 217 

or town who shall kill such dog whether on or off the premises 
of the owner or keeper and make return thereof of his doing-s. 

2. Officers' Fees. Amend section 35 of said chapter 180 
by striking out the word "section" and the number "33" in 
the second line and inserting in place thereof the words and 
numbers, sections 33 and 34-a, so that said section as amended 
shall read as follows: 35. Officers' Fees. Police officers or 
constables shall be compensated for service under sections 33 
and 34-a as provided in section 19. 

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

[Approved March 30, 1951.] 



CHAPTER 53. 



AN ACT RELATIVE TO PURCHASE OF STATE INSURANCE AND PUBLIC 
STATE OFFICIAL AND EMPLOYEE BONDS. 

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

1. State Purchases. Amend paragraph (e) of section 5 of 
chapter 14-A of the Revised Laws as inserted by chapter 21 of 
the Laws of 1943 and as amended by section 1 of chapter 227 
of the Laws of 1949 by striking out said paragraph and insert- 
ing in place thereof the following: (e) require competitive 
bidding before making any purchase 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 reasonable investigation by the pur- 
chasing agent, it appears that any required 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 inves- 
tigation by the purchasing agent, it appears that any required 
service, 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 emer- 
gency exists of a nature which requires the immediate pro- 
curement of supplies; provided, however, that whenever the 
governor shall determine that an emergency exists and where 



218 Chapter 54 [1951 

he also deems it inexpedient to convene the council, he alone 
may authorize the purchasing agent to make a purchase with- 
out competitive bidding ; and provided further, that where the 
rates filed with and approved by the insurance commissioner 
are uniform, the purchase of state insurance and public state 
official and employee bonds are specifically excluded from com- 
petitive bidding as to price. Provided, however, that nothing 
herein contained shall preclude the director of purchase and 
property from inviting plans of insurance coverage from anj' 
resident licensed insurance agent. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 30, 1951.] 



CHAPTER 54. 



AN ACT RELATIVE TO COMPUTATION OF AVERAGE V^EEKLY VV^AGES 
UNDER WORKMEN'S COMPENSATION. 

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

1. Workmen's Compensation. Amend paragraph V of 
section 2 of chapter 216 of the Revised Laws, as inserted by 
chapter 266 of the Laws of 1947, by adding at the end thereof 
the following: (3) The average weekly wage for employees 
engaged in occupations with an indeterminate work week shall 
be computed by taking the total earnings of the injured em- 
ployee in the service of the same employer during the preced- 
ing fifty-two weeks, and dividing by the actual number of 
weeks worked during that period; if the injured employee shall 
have been in the employment of the same employer for less 
than one year, then his total earnings for such less period 
divided by the actual number of weeks worked. (4) The aver- 
age weekly wage for volunteer firemen who are paid on a year- 
ly basis shall be computed by dividing the total yearly remun- 
eration on which the insurance premium is based by fifty-two, 
so that said paragraph as amended shall read as follows : V. 

(1) Average weekly wages, except as provided in subsection 

(2) shall be computed by taking the total straight time earn- 



1951J Chapter 54 219 

ings of the injured employee in the service of the same employ- 
er during- the preceding fifty-two weeks, divided by the actual 
number of hours worked, and multiplied by forty; if the in- 
jured employee shall have been in the employment of the same 
employer for less than one year, then his total straight time 
earnings for such less period divided by the actual number of 
hours worked, and multiplied by forty. Where by reason of the 
shortness of the time during which the employee has been in 
the employment of his employer or the nature or term of the 
employment, it is inequitable to compute the average weekly 
wages as above defined, regard may be had to the average 
weekly amount as above defined which, during the year pre- 
vious to the injury, was being earned by a person, in the same 
grade, employed at the same work by the same employer, or, 
if there is no person so employed, by a person in the same 
grade, employed in the same class of employment in tlie same 
locality. (2) Average weekly wages, of an injured employee 
whose normal schedule of hours in the service of the same 
employer during the preceding fifty-two weeks has not ex- 
ceeded twenty-four hours a week, shall be computed by divid- 
ing the total actual earnings in the service of the same em- 
ployer by the actual number of weeks; if the injured employee 
shall have been in the employment of the same employer for 
less than one year, then his total actual earnings for such less 
period divided by the number of weeks employed by said 
employer. Where the injured employee has been in the employ 
of his employer less than one week, his average weekly wages 
shall be computed by taking into consideration the rate of pay 
designated in his agreement of employment and by prorating 
his earnings to the sum he would have earned for a full week's 
work based on the current number of hours or days for that 
job at the time the accident occurred. (3) The average 
weekly wage for employees engaged in occupations with an 
indeterminate work week shall be computed by taking the 
total earnings of the injured employee in the service of the 
same employer during the preceding fifty-two weeks, and 
dividing by the actual number of weeks worked during that 
period; if the injured employee shall have been in the em- 
ployment of the same employer for less than one year, then 
his total earnings for such less period divided by the actual 
number of weeks worked. (4) The average weekly wage for 
volunteer firemen who are paid on a yearly basis shall be com- 



220 Chapters 55, 56 [1951 

puted by dividing the total yearly remuneration on which the 
insurance premium is based by fifty-two. 

2. Takes Effect. This act shall become effective July 1, 
1951. 
[Approved March 30, 1951.] 



CHAPTER 55. 



AN ACT RELATIVE TO COMPENSATION OF DEATH UNDER Vi^ORK- 
MEN'S COMPENSATION IN CERTAIN CASES. 

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

1. Workmen's Compensation. Amend section 20 of chap- 
ter 216 of the Revised Laws, as inserted by chapter 266 of the 
Laws of 1947 and as amended by section 2, chapter 152, Laws 
of 1949 and section 1, chapter 202, Laws of 1949, by adding at 
the end thereof a new paragraph as follows: V. Any de- 
pendent as defined herein, who at the time of the injury of the 
injured is in part only dependent upon his earnings, shall re- 
ceive such proportion of the benefits provided for those wholly 
dependent as the amount of the wage contributed by the 
deceased to such partial dependents at the time of injury bore 
to the total support of the dependents. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved March 30, 1951.] 



CHAPTER 56. 

AN ACT RELATIVE TO THE PRACTICE OF CHIROPRACTIC. 

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

1. Chiropractic. Amend chapter 252 of the Revised 
Laws by inserting after section 8 the following new section: 
8-a. Further Requirements. Notwithstanding educational 



1951] Chapter 57 221 

requirements of the provisions of section 8, any applicant for 
license to practice chiropractic who matriculated in a chiro- 
practic school or college after January 1, 1951, shall be a 
graduate of a legally chartered or incorporated school of chiro- 
practic requiring for graduation completion of a course of study 
of not less than thirty-six hundred classroom hours in four 
academic years. 

2. Change in Fees. Amend section 13 of chapter 252 of 
the Revised Laws by striking out the word "fifteen" in the 
fourth line and inserting in place thereof the word, fifty, so 
that said section as amended shall read as follows: 13. 
Applicants from Other States. The board may register and 
license any applicant who is legally qualified to practice chiro- 
practic in any other state, the requirements of which state as 
to registration and license are equivalent to those in this state. 
Such applicant shall pay a fee of fifty dollars. 

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

[Approved March 30, 1951.] 



CHAPTER 57. 



AN ACT RELATING TO THE APPROACHES TO THE GENERAL JOHN 
SULLIVAN AND ALEXANDER SCAMMELL BRIDGES. 

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

1. Park Improvements. The appropriation provided for by 
chapter 173 of the Laws of 1945 as amended by chapter 226, 
Laws of 1947, for the improvement of the park and recreation- 
al areas adjacent to the General John Sullivan Memorial and 
the Alexander Scammell bridges shall not lapse but shall be 
available for the purposes of said act until July 1, 1955. 

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

[Approved March 30, 1951.] 



222 Chapter 58 [1951 

CHAPTER 58. 

AN ACT JIELATIVE TO PURCHASE AND SALE OF POULTRY. 

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

1. Purchase and Sale of Poultry. Amend section 1 of chap- 
ter 199 of the Revised Laws by striking- out said section and 
inserting in place thereof the following: 1. License Re- 
quired. No person shall engage in the business of buying or 
selling live poultry in this state the meat or product of which 
is to be sold or used for food unless he has a license from the 
commissioner of agriculture. Licenses shall be issued in two 
forms: (1) An unlimited license to each person who shall 
furnish a bond with sufficient surety in an amount to be deter- 
mined by the commissioner, but not to exceed ten thousand 
dollars, payable to the state of New Hampshire and conditioned 
for the faithful performance of all legal obligations incurred 
in the buying and selling of live poultry the meat or product 
of which is to be sold or used for food ; such bond shall be held 
by the commissioner to satisfy any court judgment obtained 
or execution issued against any licensee because of failure to 
perform such legal obligations; and (2) a limited license which 
shall permit the licensee to do business on a United States 
currency basis only. Applications for licenses herein provided 
shall be made in such manner and upon such forms as the 
commissioner of agriculture shall prescribe. 

2. Repeal. Section 9-a of chapter 199 of the Revised Laws 
as inserted by section 4 of chapter 87 of the Laws of 1949 
relative to licenses is hereby repealed. 

3. Powers of Commissioner. Amend section 10 of chapter 
199 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 10. Suspension and 
Revocation of Licenses. Whenever the commissioner of agri- 
culture has reasonable grounds to believe that a licensee has 
violated any of the provisions hereof or any rule or regula- 
tion promulgated hereunder, he may suspend the license of 
such licensee forthwith for a period not to exceed thirty days. 
Upon such suspension the commissioner of agriculture shall 
notify the licensee thereof and the grounds therefor, and shall 
set a time and place for hearing. If upon hearing it shall appear 



1951] Chapter 59 223 

that such provisions, rule or regulation have been violated, 
said license shall be revoked ; otherwise it shall be reinstated. 
4. Takes Effect. This act shall take effect as of April 1, 
1951. 
[Approved April 4, 1951.] 



CHAPTER 59. 



AN ACT RELATIVE TO CONSTRUCTION, EQUIPMENT AND FURNISH- 
ING OF A NEW STATE OFFICE BUILDING. 

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

1. Additional Appropriation. Amend section 2 of chapter 
322 of the Laws of 1949, as inserted by section 7 of chapter 10 
of Laws of Special Session of 1950, by striking out said section 
and inserting in place thereof the following : 2. Bond Issue 
Authorized. The sum of eight hundred and fifty thousand 
dollars is hereby appropriated for the purpose of the construc- 
tion, equipment and furnishing of a new state office building. 
Two hundred and seventy-five thousand dollars of this amount 
is to be used towards constructing additional facilities con- 
sisting of approximately twenty thousand additional square 
feet of area in the proposed new state office building to accom- 
modate the division of employment security of the depart- 
ment of labor. The additional bonds or short term notes in the 
amount of two hundred and seventy-five thousand dollars to be 
issued under the provisions of this section and section 7, or 
the value thereof, shall be repaid and amortized as to principal 
and interest by federal funds in the form of rent as provided in 
section 8-a. 

2. Bonds and Notes Authorized. Amend section 7 of said 
chapter 322 by striking out the words "five hundred seventy- 
five thousand" in the eighth Hne and inserting in place thereof 
the words, eight hundred and fifty thousand, so that said 
section as amended shall read as follows: 7. Bonds and 
Notes Authorized. To provide funds for the appropriation 
made by section 1 hereof the state treasurer is hereby author- 
ized, under the direction of the governor and council, to borrow 
upon the credit of the state not exceeding the sum of one 



224 Chapter 59 [1951 

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 eight hundred and 
fifty thousand dollars and for said purposes may issue bonds 
and notes in the name and on behalf of the state of New Hamp- 
shire. The governor and council shall determine the form of 
such bonds or notes, their rate of interest, the dates when 
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. 

3. Short Term Notes. Amend section 11 of said chapter 
322 by striking out the words and figures "five hundred seven- 
ty-five thousand dollars ($575,000)" in the tenth line and in- 
serting in place thereof the words and figures, eight hundred 
and fifty thousand dollars ($850,000), so that said section as 
amended shall read as follows: 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 eight hundred 
and fifty thousand dollars ($850,000) for the purposes of sec- 
tion 2. 

4. Payments by Division of Employment Security. Amend 
section 8-a of said chapter 322, as inserted by section 10 of 
chapter 10 of the Laws of Special Session of 1950, by inserting 
at the end of the first sentence the following: There shall 
also be paid monthly into said fund by the division of employ- 
ment security of the department of labor as rent during its 
occupancy of the ofiice building constructed under the provi- 
sions of this chapter an amount suflicient to amortize two 
hundred seventy-five thousand dollars ($275,000) of the bonds 
or notes with interest thereon issued under the provisions of 
this chapter or the value of said bonds or notes with interest 
thereon, so that said section as amended shall read as follows : 
8-a. Sinking Fund. The state treasurer shall, during the life 



1951] Chapter 60 225 

of any notes or bonds issued to provide funds for the appro- 
priation made in section 2, establish and keep a separate ac- 
count to be known as the State Office Building- Sinking Fund 
Account into which shall be paid such amounts as the gover- 
nor and council may determine to be proper and reasonable 
charges against departmental appropriations for space occu- 
pied in said building. There shall also be paid monthly into said 
fund by the division of employment security of the department 
of labor as rent during its occupancy of the office building con- 
structed under the provisions of this chapter an amount suffi- 
cient to amortize two hundred seventy-five thousand dollars 
($275,000) of the bonds or notes with interest thereon issued 
under the provisions of this chapter or the value of said bonds 
or notes with interest thereon. There shall also be paid into 
said fund any premium received in connection with the sale of 
said bonds. In each fiscal year after the issuance of bonds or 
notes for said section 2, the amount so paid into said fund 
shall be not less than one-twentieth of the principal amount of 
bonds issued hereunder, plus interest requirements. The funds 
in said account shall be applied to the payment of the interest 
and principal of the said bonds and notes issued for the con- 
struction of said new state office building, and costs incident 
to said bond or note issue. 

5. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 4, 1951.] 



CHAPTER 60. 



AN ACT TO PROVIDE FOR THE DISCONTINUANCE OF THE PREVIOUS 

NEW HAMPSHIRE TEACHERS' RETIREMENT SYSTEM AND FOR 

THE PRESERVATION OF THE RIGHTS AND PRIVILEGES OF 

THE PPvESENT MEMBERSHIP THEREOF. 

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

1. Transfer of Funds and Membership. Amend para- 
graph VII of section 13 of chapter 136-B, Revised Laws, as 
inserted by cliapter 6, Laws of 1950, by striking out said para- 
graph and inserting in place thereof the following: VII. If 



226 Chapter 61 [1951 

at any time subsequent to May 30, 1951, a majority of the 
membership of the existing retirement system as constituted 
on June 30, 1950 have become members of this system and 
there remain less than 75 teachers in active service who are 
members of the existing retirement system, any cash and 
securities remaining to the credit of the existing system shall 
be transferred to the state annuity accumulation fund of this 
system as of a date, within ninety days thereafter, to be set 
by the board of trustees of this system. The contributions 
payable by such members and local school districts shall be 
continued and paid into the state annuity accumulation fund 
of this system and the benefits payable or which become pay- 
able shall be paid from said fund, all in accordance with chapter 
136, Revised Laws. The contributions of the state shall be 
adjusted to include any liabilities added to this system over 
and above the amount of assets so transferred. Upon the date 
of transfer of such assets, the existing system, except in the 
manner herein provided, shall be discontinued. 

2. Takes Effect. This act shall take effect on May 30, 1951. 
[Approved April 5, 1951.] 



CHAPTER 61. 



AN ACT RELATIVE TO PURCHASING PROCEDURES INVOLVING BOOKS 
AND PERIODICALS AT STATE TEACHERS COLLEGES. 

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

1. Purchasing Agent. Amend section 8 of chapter 14-A of 
the Revised Laws as inserted by chapter 21, Laws of 1943, and 
as amended by chapter 227 of the Laws of 1949, by adding 
thereto the following: 

VI. Teachers Colleges. Plymouth and Keene teachers 
colleges are excepted in the matter of the purchase of books 
and periodicals only. In respect to all other purchases they 
shall be subject to the provisions of this chapter. 

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

[Approved April 5, 1951.] 



1951] Chapters 62, 63 227 

CHAPTER 62. 

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, and amended by 
chapter 1, Laws of Special Session, 1950, as follows : 

I. Nubanusit Brook, in the town of Harrisville, from the 
point at which the brook flows under the main building of 
Cheshire Mills to the downstream side of the highway bridge 
located on the Hancock Road, Class D. 

IL Nubanusit Brook in the town of Harrisville, from 
the downstream side of the highway bridge located on the 
Hancock Road to the head of Lake Skatutakee, Class C. 

HL Nubanusit Brook and its tributaries located in the 
towns of Nelson, Antrim, Hancock, Harrisville, Dublin, Jaffrey 
and Peterborough, except those portions of Nubanusit Brook 
given in paragraphs I and II, from their sources to the down- 
stream side of the highway bridge located on the Harrisville 
Road in the village of West Peterborough, Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved April 5, 1951.] 



CHAPTER 63. 



AN ACT RELATIVE TO ADDITIONAL BENEFITS UNDER THE POLICE- 
MEN'S RETIREMENT SYSTEM. 

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

1. Special Deposits. Amend chapter 221 of the Revised 
Laws by adding after Section 7 the following new section : 7-a. 
Additional Retirement Allowance. In addition to the assess- 
ment made on that part of any policeman's annual salary not 
in excess of two thousand four hundred dollars as hereinbefore 



228 Chapter 64 [1951 

provided, and subject to the approval of the board and to such 
rules and regulations as the board may prescribe with respect 
thereto, any permanent policeman may provide for himself an 
additional retirement allowance by making special deposits in 
his individual account. Such special deposits together with 
interest credited thereon as determined by the board shall be 
paid to him upon resignation or dismissal from service, or to 
his estate or his designated beneficiary upon his death before 
retirement. Upon his retirement for any cause, his accumu- 
lated special deposits shall be returnable to him in cash, or, at 
his election, part or all of such accumulated special deposits 
may be taken as a monthly annuity of equivalent actuarial 
value ; provided such annuity together with his regular month- 
ly retirement allowance shall not exceed a sum equal to one- 
half his average monthly salary during the twelve-month 
period preceding his retirement. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 9, 1951.] 



CHAPTER 64. 

AN ACT NAMING THE WILLIAM E. CHANDLER HIGHWAY. 

B>e it enacted by the Senate and House of Representatives in 
General Court convened: 

1. Name Given. The highway which runs from the 
FVanklin Pierce highway in Hopkinton to its junction with the 
John Stark highway in the town of Bradford, being a part of 
route 103, so called, and formerly known as Central road, shall 
hereafter be called and known as the William E. Chandler 
highway. 

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

[Approved April 11, 1951.] 



1951] Chapters 65, 66 229 

CHAPTER 65. 

AN ACT RELATIVE TO ANNUAL REPORTS OF CERTAIN COUNTY 

OFFICERS, JUSTICES OF THE PROBATE COURTS, JUSTICES AND 

CLERKS OF MUNICIPAL COURTS AND CLERKS OF 

SUPERIOR COURTS. 

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

1. Annual Reports Required. Amend chapter 50 of the 
Revised Laws by inserting after section 4 the following new 
section: 5. To Be Filed. Every justice of a probate court, 
sheriff, deputy sheriff, register of deeds, register of probate, 
justice and clerk of a municipal court, and clerk of a superior 
court on or before April first of each year shall file with the 
secretary of state a statement of his income as such officer for 
the preceding year. Such statement shall be under oath, shall 
show the income and operating expenses from each type of 
work, such as salary, court attendance, criminal investigation, 
service of civil process, recording fees, etc., and whether the 
same is for services, mileage or expenses. Said statements 
when filed with the secretary of state shall be open to the in- 
spection of any interested parties. 

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

[Approved April 11, 1951.] 



CHAPTER 66. 



AN ACT RELATIVE TO FURNISHING FINANCIAL RESPONSIBILITY, 
AND REPORTS REQUIRED AFTER MOTOR VEHICLE ACCIDENTS. 

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

1. Financial Responsibility. Amend section 5 of chapter 
122 of the Revised Laws as amended by section 1, chapter 85, 
Laws of 1943, by striking out said section and inserting in 
place thereof the following: 5. Procedure after Report of 
Accident. I. Within sixty days after receipt of the report 
required by section 19 of chapter 118, the commissioner shall 
suspend the license and registration certificate and registra- 



230 Chapter 66 [1951 

tion plates, if any, of the operator and the registration certifi- 
cates and plates of the owner of the vehicle, trailer, or semi- 
trailer involved in the accident reported and his license, if any, 
until such operator or owner or both shall have furnished 
sufficient security to satisfy any judgment or judgments for 
damages resulting from such accident as may be recovered 
against such owner or operator by or on behalf of the ag- 
grieved person or his legal representative, and until such 
owner or operator or both shall give and thereafter maintain 
proof of financial responsibility in the future. Notice of such 
suspension shall be sent by the commissioner to such operator 
and owner not less than ten days prior to the effective date of 
such suspension. 

II. This section shall not apply: (1) to such owner or 
operator if such owner had in effect at the time of such acci- 
dent with respect to such motor vehicle a motor vehicle lia- 
bility policy or motor vehicle liabihty bond, as herein defined ; 
(2) to such operator, if not the owner of such motor vehicle, 
if there was in effect at the time of such accident such a policy 
or bond with respect to his operation of motor vehicles not 
owned by him; (3) to such owner or operator if the liability 
of such owner or operator for the damages resulting from 
such accident is, in the judgment of the commissioner covered 
by any other form of insurance policy or bond, or proof of 
financial responsibility in accordance with sections 19 and 20 
of this chapter. 

III. Where erroneous information with respect to insur- 
ance coverage of the owner or operator of any such vehicle is 
furnished to the commissioner, he shall take appropriate action 
as above provided after the receipt by him of correct informa- 
tion with respect to such coverage. 

IV. Within fifteen days after the receipt of notice of such 
accident, the insurance carrier or surety company which issued 
such policy or bond shall notify such commissioner in such 
manner as he may require in case such policy or bond was not 
in effect at the time of such accident. If no such notification 
is received within such fifteen days, such commissioner may 
assume that such a pohcy or bond was in effect at the time of 
the accident. 

V. In case any such operator or owner has no license to 
operate a motor vehicle or no motor vehicle registered in his 
name in this state, he shall not be allowed a license or registra- 



1951] Chapter 66 231 

tion until he has complied with this chapter to the same extent 
as would be necessary if he had held an operator's or com- 
mercial operator's license and a motor vehicle registration at 
the time of the accident. 

VI . No such policy or bond shall be effective under this 
section unless issued by an insurance company or surety com- 
pany authorized to do business in this state, except that if 
such motor vehicle was not registered in this state, or was a 
motor vehicle which was registered elsewhere than in this 
state at the effective date of the policy or bond, or the most 
recent renewal thereof, such policy or bond may be accepted 
from an insurance company or surety company not authorized 
to do business in this state if it shall be approved by the in- 
surance commissioner of this state and shall execute a power 
of attorney authorizing the commissioner of motor vehicles 
to accept service on its behalf of notice or process in any action 
involving such policy or bond arising out of such accident; 
provided, however, every such policy or bond shall provide the 
same degree of security as required by this chapter. 

2. Repeal. Section 5-a of chapter 122 of the Revised Laws 
as inserted by chapter 167, Laws of 1943, is hereby repealed. 

3. Motor Vehicle Accidents. Amend section 19 of chapter 
118 of the Revised Laws as amended by chapters 34 and 249 
of the Laws of 1949, by striking out the said section and 
inserting in place thereof the following: 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, 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 available at the 
place of the accident, the information required hereunder shall 
be given to a policeman at the nearest police station. Any per- 
son 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 
within forty-eight hours after such accident report in writing 
to the commissioner the facts required herewith together with 
a statement of the circumstances of the accident; provided. 



232 Chapter 6Q [1951 

however, that voluntary intoxication shall not constitute a de- 
fense in the matter of knowledge under the provisions of this 
section. Such report, the form of which shall be prescribed by 
the commissioner, shall contain information to enable the com- 
missioner to determine whether the requirements for the 
deposit of security under section 5 of chapter 122 as amended 
are inapplicable by reason of the existence of insurance or 
other exceptions specified in that chapter. If such operator be 
physically or mentally incapable of making such report, the 
owner of the motor vehicle involved in such accident or his 
representative shall, after learning of the accident, forthwith 
make such report. The operator or the owner shall furnish 
such additional relevant information as the commissioner shall 
require. 

4. False Information. Amend section 20 of chapter 118 of 
the Revised Laws by inserting after the word "whoever" in 
the third line the words, gives information required knowing 
or having reason to believe that such information is false, or, 
so that the section as amended shall read as follows : 20. 
Penalty. Whoever fails to comply with the foregoing require- 
ments relating to injury to property, or relating to the report 
to be made to the commissioner, shall be fined not more than 
twenty-five dollars; and whoever gives information required 
knowing or having reason to believe that such information is 
false, or fails to comply with any of the other requirements 
thereof shall be fined not more than one thousand dollars, or 
imprisoned not more than three years, or both. 

5. Change in Time. Amend section 20 of chapter 122 of 
the Revised Laws, as amended by chapter 230, Laws of 1947, 
by striking out the word "five" where it occurs in the twenty- 
fourth and thirty-third lines and inserting in place thereof 
the word, ten; further amend said section by inserting after 
the word "notice" in the thirty-sixth line the words, of can- 
cellation, so that said section as amended shall read as follows : 
20. Methods of Giving Proof. Proof of financial responsi- 
bility when required under this chapter may be given by either 
of the following methods : 

L By filing with the commissioner a certificate, as de- 
fined in section 1, of an insurance company or of a surety 
company to satisfy any judgment or judgments for damages 
resulting from an accident reported to the commissioner 
under the provisions of section 19 of chapter 118. Financial 



1951] Chapter 66 233 

responsibility in the future may be given by filing with the 
commissioner a continuous certificate which shall be a certifi- 
cate as defined in section 1, of an insurance company or of a 
surety company, to provide the amount of proof of financial 
responsibility required under the provisions of section 19 of 
this chapter. Every continuous certificate shall remain in effect 
until ten days after written notice is received by the commis- 
sioner that said continuous certificate shall be cancelled. When- 
ever another motor vehicle, trailer, or semi-trailer replaces a 
motor vehicle, trailer, or semi-trailer, described in a continuous 
certificate such continuous certificate covering such described 
motor vehicle, trailer or semi-trailer shall apply automatically 
to such other motor vehicle, trailer or semi-trailer registered 
by the insured as of the date of its registration to the insured 
and for the period, if any, not exceeding ten days prior to such 
registration when said motor vehicle, trailer, or semi-trailer 
is operated on temporary plates and for a period of fifteen days 
after the date of registration, unless said ten-day period after 
written notice of cancellation is received by the commissioner 
has theretofore expired. Such continuous certificate shall like- 
wise apply automatically to any additional motor vehicle, 
trailer, or semi-trailer acquired by the insured as of the date 
of its registration to the insured and for the period, if any, 
not exceeding ten days prior to such registration when such 
motor vehicle, trailer or semi-trailer is operated on temporary 
plates and for a period of fifteen days after the date of regis- 
tration, unless said ten-day period after written notice of can- 
cellation is received by the commissioner has theretofore ex- 
pired; provided however, that the insurance company or 
surety company insures all automobiles, trailers, and semi- 
trailers owned by the named insured at such date of registra- 
tion, and that such continuous certificate shall apply to such 
additional motor vehicle, trailer or semi-trailer only to the 
extent the insurance is applicable to all such previously owned 
motor vehicles, trailers, and semi-trailers. 

II. By the deposit of money or securities as provided in 
the following section; or 

III. By satisfying the commissioner that any corpora- 
tion has financial ability to comply with the requirements of 
this chapter. 

6. Takes Effect. This act shall take effect May 1, 1951. 
Any person who became subject to the laws of this state as 



234 Chapter 67 [1951 

they existed prior to the effective date of this act, having to 
do with financial responsibility for the ownership or operation 
of motor vehicles, shall continue to be subject to such laws, 
except that if it shall appear to the satisfaction of the com- 
missioner of motor vehicles either from his own records or 
from extraneous information which shall be supplied to him in 
such form as he may require, that a person, who had become 
subject to the operation of such laws solely as a result of 
involvement in an accident, had in effect at the time of such 
accident a policy of insurance or other prescribed form of 
proof of financial responsibility for such accident, then and in 
that event sucli person may be relieved from the liability of 
furnishing past and future proof of responsibihty for such 
accident. 
[Approved April 11, 1951.] 



CHAPTER 67. 



AN ACT RELATIVE TO ALLOWANCES FOR PERSONAL SERVICES IN 
THE SETTLEMENT OF ESTATES. 

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

1. Administration of Estates. Amend section 37 of chap- 
ter 87 of the Revised Laws, as amended by section 17, chapter 
144, Laws of 1945, and by section 2, chapter 86-A of the Re- 
vised Laws as inserted by section 49, part 8, chapter 5, Laws 
of 1950, by striking out said section and inserting in place 
thereof the following: 37. Executor's Services. In the 
computation of said taxes the state tax commission may deduct 
not exceeding five per cent from the value of the personal 
property, and of the real estate sold to pay debts, as an 
allowance on account of the personal services of the executor 
or administrator, but otherwise shall not be required to con- 
sider any payments on account of debts or expenses of admin- 
istration which have not been allowed by the probate court 
having jurisdiction of said estate. Provided, that nothing 
hereunder shall be construed as limiting or determining the 



1951 J Chapter 68 235 

amount which may be allowed by the probate court in its 
discretion as an allowance for personal services of the executor 
or administrator. 

2. Takes Eifect, This act shall take effect upon its 
passage. 
[Approved April 13, 1951.] 



CHAPTER 68. 



AN ACT RELATIVE TO COLLECTION OF FINES FROM EMPLOYERS 
UNDER WORKMEN'S COMPENSATION LAW. 

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

1. Workmen's Compensation. Amend section 9 of chapter 
216 of the Revised Laws as inserted by chapter 266 of the 
Laws of 1947 by adding at the end thereof the following: 
All fines collected under the provisions of this section shall be 
credited to the second injury fund created by section 45 of 
this chapter, so that said section as amended shall read as 
follows: 9. Liability of Employer Failing to Comply. Em- 
ployers subject to this chapter who fail to comply with the 
provisions of section 8 shall be liable to a fine of one hundred 
dollars for each day of such non-compliance. An employee of 
such employer, or his dependents in case death ensued, may 
file his application with the commissioner of labor for compen- 
sation in accordance with the terms of this chapter, and the 
commissioner shall hear and determine such application for 
compensation in like manner as in other claims before him; 
and the compensation so determined shall be paid by such em- 
ployer to the person entitled thereto within ten days after 
receiving notice of the amount thereof as fixed and deter- 
mined by the commissioner. An abstract of the award may be 
filed in the office of the clerk of the superior court in any 
county in the state and shall be docketed in the judgment 
docket thereof, and when so filed and docketed shall be a lien 
upon the property of the employer situated in the county for 
a period of eight years from the date of the award ; execution 
may be issued thereon within eight years in the same manner 



236 Chapters 69, 70 [1951 

and with like effect as if said award were a judgment of the 
superior court. All fines collected under the provisions of this 
section shall be credited to the second injury fund created by 
section 45 of this chapter. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved April 13, 1951.] 



CHAPTER 69. 



AN ACT RELATIVE TO DEFINITION OF TERMS UNDER WORKMEN'S 
COMPENSATION LAW. 

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

1. Dependents Defined. Amend paragraph VII of section 2 
of chapter 216 of the Revised Laws as inserted by chapter 
266 of the Laws of 1947 by inserting at the end thereof the 
words, dependents as defined herein shall include common law 
wife or husband of the deceased and posthumous child or 
children, so that said paragraph as amended shall read as 
follows : VII. Dependents, shall mean the employee's widow, 
widower, children, parents, persons in the direct line of ascent 
or descent, or next of kin, who were wholly or partially de- 
pendent in fact upon the earnings of the employee for support 
at the time of the injury. Dependents as defined herein shall 
include common law wife or husband of the deceased and post- 
humous child or children. 

2. Takes Effect. This act shall become effective July 1, 
1951. 

[Approved April 18, 1951.] 



CHAPTER 70. 



AN ACT RELATING TO THE METHOD IN WHICH TOWN FIRE BILLS 
SHALL BE PAID. 

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

1. Towns Responsibility. Amend section 25 of chapter 
288 of the Revised Laws by striking out said section and in- 



1951] Chapter 71 237 

serting in place thereof the following : 25. Statement. The 
warden shall render to the selectmen or the mayor or the 
proper city department, on blanks prepared by the state for- 
ester, a statement of said expenses incurred in said town or 
city, or in any other town or city which had requested aid 
therefrom, as soon as possible after they are incurred, showing 
in detail the amount and character of the services performed, 
the exact duration thereof, and all disbursements made by the 
warden or wardens, and bearing the approval of the warden, 
and of the deputy warden if said expenses were incurred by his 
authority. 

2. Reimbursement for Bills Paid. Further amend said 
chapter 233 by adding after section 26, as amended by chapter 
89, Laws of 1949, the following new section: 26-a. Payment 
of Bills to Another Town. Bills incurred in rendering aid to 
another town after having been paid in the first instance as 

. prescribed in section 26 shall be presented for reimbursement 
to the town receiving the aid. 

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

[Approved April 13, 1951.] 



CHAPTER 71. 



AN ACT PROVIDING FOR THE OPERATION OF PIPE LINES FOR THE 
TRANSPORTATION, DISTRIBUTION AND SALE OF NATURAL GAS. 

Be it enacted by the Senate and House of Representatmes in 
Gene^nl Court convened: 

1. Eminent Domain Proceedings. Amend the first para- 
graph of section 15 of chapter 294 of the Revised Laws by 
striking out the same and inserting in place thereof the fol- 
lowing: Whenever any corporation organized under the laws 
of this state or of any other state or of the United States for 
the purpose of constructing and operating a natural gas pipe 
line, which corporation holds a certificate of public convenience 
and necessity issued under the provisions of the Federal 
Natural Gas Act, approved June 21, 1938, as it now reads or 
may hereafter be amended, authorizing such corporation to 
construct and operate a natural gas pipe line or pipe lines and 



238 Chapter 72 [1951 

appurtenant facilities within this state, or any petroleum pipe 
line company doing exclusively an interstate business, from 
any cause shall be unable to acquire lands necessary to its 
purposes by purchase, lease or otherwise, it may institute pro- 
ceedings for condemnation thereof in the manner provided in 
this section, 

2. Limitation. Amend section 15 of chapter 294 of the 
Revised Laws by adding at the end thereof the following new 
paragraph: VL No lands or rights of way or easements 
therein shall be taken by eminent domain under the provisions 
of this act in any public property, or within the location of any 
railroad or street railway company or other public utility com- 
pany, provided that such pipe line or pipe lines may be con- 
structed under or through any public highway or street, public 
park or reservation or other public property if the method of 
such construction, compensation if any, and the plans and 
specifications therefor have been approved by the authority, 
having jurisdiction over the maintenance of such public high- 
way or street, public park or reservation or other public 
property; and provided further that such pipe line or pipe 
lines may be constructed over or across the location of any 
railroad or street railway company or other public utility com- 
pany by agreement with such railroad or street railway com- 
pany or other public utility company or in the event of failure 
so to agree, then with the approval of the public service com- 
mission and in such manner as may be determined by said 
commission. Provided, however, that nothing herein shall be 
deemed to repeal any of the provisions of sections 16 to 24, 
inclusive, of chapter 294, relative to acquisition of rights in 
public waters and on public lands. 

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

[Approved April 13, 1951.] 



CHAPTER 72. 

AN ACT TO REGULATE THE PRACTICE OF OPTOMETRY. 

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

1. Optometry. Amend section 1 of chapter 253 of the 
Revised Laws by striking out said section and inserting in 



1951] Chapter 72 239 

place thereof the following-: 1. Definition. The practice of 
optometry is hereby defined to be the employment of any 
method or means, other than the use of drugs or surgery, for 
the diagnosis of any optical defect, deficiency or deformity of 
the human eye, or visual or muscular anomaly of the visual 
system, or the adaptation or prescribing of lenses, prisms or 
ocular exercises for the correction, relief or aid of the visual 
functions. 

2. Examining Board. Amend section 5 of chapter 253 of 
the Revised Laws by striking- out said section and inserting in 
place thereof the following: 5. Compensation. The com- 
pensation of the board, except the secretary, shall be five 
dollars each for every day actually spent in the discharge of 
their duties and their necessary expenses. The secretary of 
the board shall receive a salary to be fixed by the board. 
Amounts so paid to the board and secretary shall not exceed 
the amount received by the treasurer from the board in fees. 

3. Examination and Certificates. Amend section 6 of 
chapter 253 of the Revised Laws by striking out said section 
and inserting in place thereof the following : 6. Certificates 
of Qualification and Fees. No person, except as otherwise pro- 
vided in this chapter, shall practice optometry until he shall 
have passed an examination conducted by the board in the- 
oretic, practical and physiological optics, in theoretic and prac- 
tical optometry and in anatomy, physiology and pathology of 
the eye, and shall have demonstrated his ability to properly 
use the ophthalmoscope, the retinoscope and other scientific 
instruments and methods used in the practice of optometry, 
and shall have been registered and shall have received a cer- 
tificate of qualification in optometry. Every applicant for 
examination shall present satisfactory evidence in the form of 
affidavits properly sworn to, that he is a citizen of the United 
States, that he is over twenty-one years of age and of good 
moral character, that he has graduated from a high school 
having a course of study of four years and approved by the 
board or has had a preliminary education equivalent to at least 
four years in a public high school, and one year at a college or 
junior college of arts and sciences with satisfactory gi-ades, 
and graduated from a school or college of optometry approved 
by the board, maintaining a minimum of three years in optom- 
etric training. The fee for the examination for registration 
shall be twenty-five dollars, and those passing the examination 



240 Chapter 72 [1951 

shall receive the certificate of qualification without additional 
charge. Any person failing to pass a satisfactory examination 
shall be entitled to re-examination at any future meeting of 
the board within two years without further fee; after two 
years the charge will be five dollars for each subsequent 
examination. 

4. Change in Time for Payment. Amend section 7 of 
chapter 253 of the Revised Laws by striking out the word 
"annually" and inserting in place thereof the word, monthly, 
so that said section as amended shall read as follows : 7. Dis- 
posal of Fees. All fees received by the board shall be paid 
monthly by the secretary of the board to the state treasurer. 

5. Repeal. Section 8 of chapter 253 of the Revised Laws, 
relative to qualifications for practice, is hereby repealed. 

6. Qualifications and Fee for Certificate Without Examina- 
tion. Amend section 10 of chapter 253 of the Revised Laws 
by striking out said section and inserting in place thereof the 
following: 10. Certificate without Examination. Any 
person who shall present to the board a certified copy or cer- 
tificate of registration or license which was issued to him 
after examination by a board of registration in optometry in 
any other state, where the requirements for registration are 
in the opinion of the board equivalent to those of this state, 
may be registered and given a certificate of qualification in 
this state without a written examination; provided, that such 
state accords a like privilege to holders of certificates of 
registration issued in this state and that the applicant has not 
previously failed to pass the examination in this state, and 
that he has been engaged in the practice of optometry con- 
tinuously for not less than three years immediately preceding 
his apphcation, and that he intends to reside and practice 
optometry in this state. The fee for such registration shall be 
fifty dollars. 

7. Change in Application and Fee. Amend section 15 of 
chapter 253 of the Revised Laws, as amended by section 1, 
chapter 41 of the Laws of 1947 by striking out said section 
and inserting in place thereof the following: 15. Applica- 
tions; Fee. Every registered optometrist shall, annually, be- 
fore July first, sign, and forward this statement and applica- 
tion for renewal of his registration certificate to the secretary 
of the board, together with an annual license fee of five dol- 



1951] Chapter 72 241 

lars, in default of which the board may revoke or suspend his 
registration certificate and his authority to practice optometry 
thereunder, after a hearing as provided by section 24 ; but the 
payment of the said fee at or before the time of hearing, with 
such additional sum, not exceeding five dollars, as may be fixed 
by the board, shall remove the default. 

8. Repeal. Section 19 of chapter 253 of the Revised Laws, 
relative to failure to register on time, is hereby repealed. 

9. Temporary Removal from State. Amend section 21 of 
chapter 253 of the Revised Laws, as amended by section 2, 
chapter 41, Laws of 1947, by striking out said section and in- 
serting in place thereof the following: 21. Re-registration. 
An optometrist who has been heretofore duly licensed and 
registered to practice in this state, whose license has not been 
suspended or revoked, but who shall have temporarily retired 
from practice or removed from the state for not exceeding five 
years, and shall have notified the board of such retirement or 
removal, may re-register within this state upon paying the 
lapsed annual license fees and filing with the board his affidavit 
as to the facts aforesaid. 

10. Suspension of License. Amend section 22 of chapter 
253 of the Revised Laws as inserted by section 1 of chapter 
111 of the Laws of 1949 by adding in the second line after the 
words "or may" the words, suspend or, so that said section as 
amended shall read as follows: 22. Causes. The board, 
after hearing, may refuse to issue a license, or may suspend 
or 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 in- 
cluded in any newspaper, radio, display sign or other advertise- 
ment any statement of a character tending to deceive or mis- 
lead the public; or in advertising has included any statement 
claiming professional superiority ; or has advertised in any way 
the performance of professional services in a superior manner ; 
or has advertised definite or fixed prices for services and ma- 
terials 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- 
taining the representation of glasses, or photographs of any 



242 Chapter 73 [1951 

person or has continued to practice without annual registra- 
tion. 

11. Notice of Suspension. Amend section 25 of chapter 
253 of the Revised Laws by adding after the word "shall" in 
the first line the words, suspend or, so that said section as 
amended shall read as follows: 25. Notice of Suspension or 
Revocation. In case said board shall suspend or revoke the 
certificate they shall transmit to the secretary of state a notice 
under the seal of said board certifying such fact, and the 
secretary of state shall, upon receipt of said notice, file the 
same and forthwith mark said certificate revoked. 

12. Regulations and Penalties. Amend chapter 253 of the 
Revised Laws by inserting after section 28 the following new 
sections: 28-a. Unprofessional Conduct. No corporation 
shall engage in the practice of optometry nor shall any person 
practice optometry under any lease, contract or other arrange- 
ment whereby any person, not duly authorized to practice 
optometry, shares directly or indirectly, in any fees received 
in connection with said practice of optometry. Tlie provisions 
of this section shall not apply to any person, persons, partner- 
ship or corporation which, as of July 1, 1951, was conducting 
an optometric practice, nor shall the provisions of this section 
prevent any optometrist registered with the board after July 
1, 1951, from practicing optometry with any person, persons, 
partnership, or corporation conducting an optometric practice 
as of July 1, 1951. 28-b. Prohibition. It shall be unlawful for 
any person or persons whomsoever to represent himself or 
themselves as an optometrist or optometrists unless qualified 
under the provisions of this chapter. 

13. Takes Effect. This act shall take eft'ect as of July 1, 
1951. 

[Approved April 13, 1951.] 



CHAPTER 73. 

AN ACT RELATING TO COUNTY APPROPRIATIONS. 

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

1. Appropriations. Amend chapter 44 of the Revised 
Laws as amended by chapter 142 of the Laws of 1947, by in- 



1951] Chapter 74 243 

serting after section 7 the following new sections: 7-a. 
Exceeding Appropriations. No county commissioner shall 
pay, or agree to pay, or incur any liability for the payment of, 
any sum of money for which the county convention has made 
no appropriation, or in excess of any appropriation so made 
except for the payment of judgments rendered against the 
county. In the case of an emergency, however, county commis- 
sioners may apply to the executive committee, which, after a 
public hearing, may grant to the county commissioners au- 
thority in writing to make such emergency payment. When- 
ever it appears that the amount appropriated for a specific pur- 
pose will not be used in whole or part for such purpose, the 
county commissioners may use such sum to augment other 
appropriations, if necessary, provided the total payments for 
all purposes do not exceed the total sum of appropriations in 
any year made by the county convention. 

7-b. Penalty. Any violation of the provisions of the pre- 
vious section or of provisions of section 8, chapter 48 of the 
Revised Laws shall subject the person or persons so violating 
to section 7 of chapter 45, providing for removal from office. 
A petition of five resident taxpayers of the county may be 
made to the superior court for such removal or for removal for 
official misconduct. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 13, 1951.] 



CHAPTER 74. 



AN ACT INCREASING DEATH BENEFITS UNDER WORKMEN'S 
COMPENSATION. 

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

1. Increase in Benefits. Amend section 20 of chapter 216 
of the Revised Laws as inserted by chapter 266 of the Laws of 
1947, and as amended by section 2 of chapter 152, Laws of 
1949, section 1 of chapter 202, Laws of 1949, and by section 
1, chapter 55, Laws of 1951, by striking out the words 



244 Chapter 74 [1951 

"seventy-five hundred dollars" in the ninth Hne and inserting 
in place thereof the words, nine thousand dollars, 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 nine thousand 
dollars. 

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 compensa- 
tion shall be applied for the benefit of any such child or chil- 
dren and may order the same paid to a guardian. 

II. In the case of remarriage of a widow without depend- 
ent children compensation payments shall cease. 

III. In case of remarriage of a widow who has dependent 
children the unpaid balance of compensation which would 
otherwise become her due shall be payable to the mother, 
guardian, or such other person as the commissioner of labor 
may order, for the use and benefit of such children during 
dependency. 

IV. If the deceased employee leaves no dependents, the 
employer shall pay the expenses of burial not exceeding three 
hundred dollars. 

V. Any dependent as defined herein, who at the time of 
the injury of the injured is in part only dependent upon his 
earnings, shall receive such proportion of the benefits provided 
for those wholly dependent as the amount of the wage contrib- 
uted by the deceased to such partial dependents at the time of 
injury bore to the total support of the dependents. 

2. Compensation. Amend section 22, of chapter 216 of 
the Revised Laws as inserted by chapter 266 of the Laws of 
1947 by striking out the words "seventy-five hundred dollars" 
in the seventeenth and eighteenth lines and inserting in place 
thereof the words, nine thousand dollars, so that said section as 
amended shall read as follows: 22. Compensation for Per- 



1951] Chapter 74 245 

manent Total Disability. In case of the following injuries, the 
disability caused thereby shall be deemed total and permanent. 

I. Total and permanent loss of sight in both eyes ; 

II. The loss of both feet at or above the ankle ; 

III. The loss of both hands at or above the wrist ; 

IV. The loss of one hand and one foot ; 

V. An injury to the spine resulting in permanent and 
complete paralysis of both legs or both arms, or of one leg 
and of one arm ; and 

VI. An injury to the skull resulting in incurable im- 
becility or insanity. 

The above enumeration is not to be taken as exclusive. Com- 
pensation for permanent total disabilities shall be computed 
as provided in section 21, except that the minimum shall be 
not less than fifteen dollars a week. The total amount payable 
on account of one accident shall not exceed nine thousand 
dollars. 

3. Change in Amount. Amend section 28 of chapter 216 
of the Revised Laws as inserted by chapter 266 of the Laws 
of 1947 and as amended by section 3 of chapter 202 of the 
Laws of 1949, by striking out the words "seventy-five hundred 
dollars" in the sixth line and inserting in place thereof the 
words, nine thousand dollars ; so that said section as amended 
shall read as follows : 28. Maximum Benefits. In no case, 
except as provided in sections 20, 22, 24 and 27, shall the week- 
ly compensation payable under this chapter exceed sixty-six 
and two-thirds per cent of the average weekly wages, or ex- 
ceed thirty dollars per week in amount, nor shall the total 
compensation exceed the sum of nine thousand dollars; nor 
shall any payments extend over a period of more than three 
hundred weeks from the date of the injury. 

4. Takes Effect. This act shall become effective July 1, 
1951. 

[Approved April 13, 1951.] 



246 Chapter 75 [1951 

CHAPTER 75. 

AN ACT RELATIVE TO COMPENSATION FOR PERMANENT PARTIAL 

DISABILITY UNDER WORKMEN'S COMPENSATION IN 

CERTAIN CASES. 

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

1. Permanent Partial Disability. Amend section 24, of 
chapter 216 of the Revised Laws as inserted by chapter 266 
of the Laws of 1947 by adding at the end thereof a new para- 
graph as follows: XXL Compensation for loss of less than 
one phalange of a digit shall be not less than one-quarter of 
the compensation for the entire digit; so that said section as 
amended shall read as follows: 24. Compensation for Per- 
manent Partial Disability. In case of disability partial in 
character but permanent in quality, compensation computed 
as provided in section 21, except that the minimum shall be 
not less than fifteen dollars a week, shall be paid to the em- 
ployee as follows: 

L Arm lost, one hundred seventy weeks' compensation, 
plus for actual healing period not in excess of thirty-two weeks' 
compensation ; 

IL Hand lost, one hundred forty weeks' compensation, 
plus for actual healing period not in excess of thirty-two weeks' 
compensation ; 

IIL Thumb lost, forty weeks' compensation, plus for 
actual healing period not in excess of twenty-four weeks' com- 
pensation ; 

IV. Index finger lost, twenty-five weeks' compensation, 
plus for actual healing period not in excess of eighteen weeks' 
compensation ; 

V. Middle finger lost, twenty weeks' compensation, plus 
for actual healing period not in excess of twelve weeks' com- 
pensation ; 

VI. Ring finger lost, fifteen weeks' compensation, plus 
for actual healing period not in excess of eight weeks' com- 
pensation ; 

VII. Little finger lost, ten weeks' compensation, plus for 
actual healing period not in excess of eight weeks' compensa- 
tion; 



1951] Chapter 75 247 

VIII. Leg lost, one hundred seventy weeks' compensa- 
tion, plus for actual healing period not in excess of forty 
weeks' compensation; 

IX. Foot lost, one hundred twenty weeks' compensation, 
plus for actual healing period not in excess of thirty-two weeks' 
compensation ; 

X. Great toe lost, twenty weeks' compensation, plus for 
actual healing period not in excess of twelve weeks' compen- 
sation ; 

XI. Toe other than great toe lost, eight weeks' compen- 
sation, plus for actual healing period not in excess of eight 
weeks' compensation; 

XII. Eye lost, one hundred weeks' compensation, plus 
for actual healing period not in excess of twenty weeks' com- 
pensation ; 

XIII. Loss of hearing in one ear, forty-two weeks' com- 
pensation ; 

XIV. Loss of hearing in both ears, one hundred seventy 
weeks' compensation; 

XV. Compensation for the loss of more than one pha- 
lange of a digit shall be the same as for the loss of an entire 
digit. Compensation for the loss of the first phalange shall be 
one-half of the compensation for the loss of the entire digit ; 

XVI. Compensation for an arm or leg if amputated at or 
above the elbow or at or above the knee, shall be the same as 
for the loss of the arm or leg, but if amputated between the 
elbow and the wrist, or the knee and the ankle shall be the 
same as for the loss of hand or foot; 

XVII. Compensation for loss of eighty per cent or more 
of the vision of an eye shall be the same as for the loss of an 
eye; 

XVIII. Compensation for loss of two or more digits or 
one or more phalanges of two or more digits of a hand or foot, 
may be proportioned to the loss of use of the hand or foot 
occasioned thereby, but shall not exceed the compensation for 
loss of hand or foot ; 

XIX. Compensation for permanent total loss of use of a 
member shall be the same as for the loss of the member ; 

XX. Compensation for permanent partial loss of use of 
a member shall bear such relation to the amounts stated in 



248 Chapter 76 [1951 

the preceding paragraphs as the disabilities bear to those pro- 
duced by the injuries named in said paragraphs; 

XXL Compensation for loss of less than one phalange 
of a digit shall be not less than one-quarter of the compensa- 
tion for the entire digit. 

2. Takes Effect. This act shall become effective July 1, 
1951. 
[Approved April 13, 1951.] 



CHAPTER 76. 



AN ACT RELATING TO PHOTOGRAPHIC COPIES OF BUSINESS AND 
PUBLIC RECORDS AS EVIDENCE. 

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

1. Photographic Copies as Evidence. If any business, in- 
stitution, member of a profession or calling, or any department 
or agency of government, in the regular course of business or 
activity has kept or recorded any memorandum, writing, entry, 
print, representation or combination thereof, of any act, trans- 
action, occurrence or event, and in the regular course of busi- 
ness has caused any or all of the same to be recorded, copied 
or reproduced by any photographic, photostatic, microfilm, 
micro-card, miniature photographic, or other process which 
accurately reproduces or forms a durable medium for so repro- 
ducing the original, the original may be destroyed in the 
regular course of business unless held in a custodial or fiduciary 
capacity or unless its preservation is required by law. Such 
reproduction, when satisfactorily identified, is as admissible in 
evidence as the original itself in any judicial or administrative 
proceeding whether the original is in existence or not and an 
enlargement or facsmile of such reproduction is likewise ad- 
missible in evidence if the original reproducton is in existence 
and available for inspection under direction of court. The intro- 
duction of a reproduced record, enlargement or facsimile, does 
not preclude admission of the original. 

2. Construction. This act shall be so interpreted and con- 
strued as to effectuate its general purpose of making uniform 
the law of those states which enact it. 



1951] Chapter 77 249 

3. Title. This act may be cited as the Uniform Photo- 
graphic Copies of Business and PuWic Pvecords as Evidence Act. 

4. Repeal. Chapter 281 of the Laws of 1949 is hereby 
repealed. 

5. Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1951.] 



CHAPTER 77. 



AN ACT RELATING TO DEFECTIVE NOTICES TO EMPLOYER UNDER 
WORKMEN'S COMPENSATION LAW. 

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

1. Workmen's Compensation. Amend section 15 of chapter 
216 of the Revised Laws as inserted by chapter 266 of the Laws 
of 1947 by adding at the end thereof the words, but claim shall 
be barred under this chapter unless said notice is given to the 
employer within one year from the date of the accident. For 
the purpose of giving notice of a disease, the date of dis- 
ablement shall be deemed the date of accident, so that said 
section as amended shall read as follows: 15. Defective 
Notice. No want, defect or inaccuracy of a notice shall be a 
bar to the maintenance of proceedings unless the employer 
proves that he is prejudiced by such want, defect or in- 
accuracy; but claim shall be barred under this chapter unless 
said notice is given to the employer within one year from the 
date of the accident. For the purpose of giving notice of a 
disease, the date of disablement shall be deemed the date of 
accident. 

2. Takes Effect. This act shall become effective July 1, 
1951. 

[Approved April 20, 1951.] 



250 Chapters 78, 79 [1951 

CHAPTER 78. 

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 as amended by chapter 193 of the Laws of 1949 
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 may convey, 
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. 

2. Validation. Joint notes, obligations and all releases of 
rights of dower or homestead or either of them contained in 
mortgages, signed and acknowledged by married women since 
May 12, 1949 shall not be deemed invalid by reason of failure 
to have complied with the provisions of section 2 of chapter 340 
of Revised Laws as amended by chapter 193 of the Laws of 
1949. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1951.] 



CHAPTER 79. 



AN ACT RELATIVE TO MARKING HIGHWAYS FOR MOTOR VEHICLE 
TRAVEL. 

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

1. Motor Vehicles. Amend section 16-a, chapter 119 of the 
Revised Laws as amended by chapter 103, Laws of 1949, by 
striking out said section and inserting in place thereof the 
following: 16-a. Highway Markings. The commissioner of 
public works and highways and, subject to his approval, select- 
men of any town or board of mayor and aldermen or group 
having similar powers in any city, having control of any high- 



1951] Chapter 80 251 

way may order such marking of highway, by painted lines, as 
is deemed necessary to the safe and efficient use of any such 
highway. In ordering or approving such marking the commis- 
sioner of pubhc works and highways insofar as is practicable 
shall conform to nationally accepted standards and any mark- 
ing of the highway by painted lines shall prima facie be deemed 
to be approved or ordered by the commissioner of public works 
and highways. When the single center line highway marking 
method is used, no operator of a motor vehicle shall, while pro- 
ceeding along a highway, drive any part of such vehicle to the 
left of nor across an unbroken painted line marked on the high- 
way by order of or with the approval of the said commissioner, 
except as herein otherwise provided, and when the barrier line 
highway marking system is employed, no operator of a motor 
vehicle shall, while proceeding along a highway, drive any part 
of such vehicle to the left of nor across an unbroken painted 
line marked on the highway in such operator's lane by order of 
or with the approval of said commissioner except (1) in an 
emergency, or (2) to permit ingress or egi-ess to side roads or 
property adjacent to the highway, or (3) in case such operator 
has an unobstructed view and can see the end of the said un- 
broken painted line. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1951.] 



CHAPTER 80. 

AN ACT RELATING TO BAIT DEALERS' LICENSES. 

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

1. Bait Dealers. Amend section 22-a of chapter 247 of the 
Revised Laws, as inserted by chapter 129 of the Laws of 1943 
by adding after the word "do" the words, and the fee for such 
license shall be five dollars, so that said section as amended 
shall read as follows: 22-a. License Required. No person 
shall sell or offer to sell fresh water smelt for bait without first 
procuring a license so to do and the fee for such license shall 
be five dollars, 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved April 20, 1951.] 



252 Chapters 81, 82 [1951 

CHAPTER 81. 

AN ACT RELATING TO REVOCATION OF FISH AND GAME LICENSES. 

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

1. Fish and Game Licenses. Amend section 10 of chapter 
247 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 10. Suspension; 
Revocation. The director may order the suspension of the 
license of any person in his discretion, and without hearing, 
and may order the license delivered to him or his representative 
whenever he has reason to believe that the holder thereof is 
physically or mentally an improper or incompetent person to 
carry firearms, or is handling firearms improperly, or so as to 
endanger human life or property, or for any other cause that 
he may deem sufficient ; but such suspension shall not be for a 
longer period than thirty days unless the director and the com- 
mission, after investigation and hearing, so determine. The 
director may order any license to be revoked after due hear- 
ing for any cause that he may deem sufficient. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1951.] 



CHAPTER 82 



AN ACT RELATIVE TO RECORDS AND ADJUSTMENTS UNDER THE 
MINIMUM WAGE LAW. 

Be it enacted by the Senate and House of Representatives in 
General Cou7^t convened: 

1. Minimum Wage. Amend chapter 213 of the Revised 
Laws as amended by chapter 310, Laws of 1949 by inserting a 
new section after section 28 as follows: 28-a. Records and 
Adjustments. Every employer subject to the preceding sec- 
tions shall keep a true and accurate record of the hours worked 
by and wages paid to his employees and shall furnish to the 
commissioner, or his authorized representative, upon demand, 
a sworn statement of the same. Such records shall be open to 
inspection by the commissioner, or his authorized repre- 



1951] Chapter 83 253 

sentative, at any reasonable time. The commissioner is hereby 
authorized to make necessary adjustments, after checking such 
records, to bring- the wages of the employees to the minimums 
established by sections 25 and 26. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1951.] 



CHAPTER 83. 



AN ACT RELATIVE TO CLASS I, CLASS II, CLASS IV AND CLASS V 
HIGHWAYS. 

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

1. Town Highways. Amend Part 13 of chapter 90 of the 
Revised Laws as amended by chapter 174, Laws of 1947 and 
chapters 18, 79 and 215, Laws of 1949, by striking out said 
part and inserting in place thereof the following : 

Part 13 
Construction or Reconstruction Aid 

1. Towns Entitled to Class IV and Class V Construction, 
Reconstruction or Betterment Aid. Any city, town or un- 
incorporated place which has completed its Class II highways, 
shall be entitled to apply for aid for purposes of construction, 
reconstruction or betterments of Class IV and Class V high- 
ways. Any city, town or unincorporated place which has un- 
completed portions of its Class II highways, shall also be en- 
titled to apply for Class IV and Class V highway aid for any 
one year, provided it shall raise and appropriate for the same 
year such sums for construction of its uncompleted Class II 
highways as may be determined by the commissioner of public 
works and highways. 

2. Apportionment. All funds available to cities, towns 
or unincorporated places pursuant to the provisions hereof 
shall be allotted by the commissioner of public works and high- 
ways upon the following basis: (a) Apportionment A. The 
commissioner shall apportion, on the basis of a sum of not less 
than nine hundred thousand dollars, to each city, town and un- 



254 Chapter 83 [1951 

incorporated place, an amount based on the proportion which 
the mileage of the regularly maintained Class IV and Class V 
highways in that city, town or unincorporated place, as of 
January 1st of the previous year, bears to the total mileage of 
the regularly maintained Class IV and Class V highways in 
the state as of that date; (b) Apportionment B. The commis- 
sioner shall apportion to each city and town of twenty-five 
hundred inhabitants and over, one thousand dollars per mile 
for the mileage of Class IV highways which are urban exten- 
sions of Class I and Class II highways. If the projects sub- 
mitted are eligible for federal assistance, this apportionment 
must be used to match any federal funds which may be avail- 
able to the applicant city or town. Any city or town issuing 
bonds to accelerate the improvement of arterial routes within 
its compact area may apply any part of the funds herein 
apportioned, for a period not to exceed ten years, to aid in the 
retirement of such bonds ; (c) Apportionment C. The commis- 
sioner shall apportion to eligible cities or towns the amount of 
federal funds which are available for their use. 

3. Contribution by Towns. Any city, town or un- 
incorporated place, which applies for Class IV and Class V 
highway aid, shall raise, appropriate or set aside an amount 
equal to not less than fifteen per cent of the apportionment 
made to it in Apportionment A, and shall further raise, appro- 
priate and set aside at least one dollar for each dollar appor- 
tioned to it in Apportionment B. Failure to raise, appropriate 
or set aside the amount prescribed for any apportionment in 
the preceding sentence shall preclude the city, town or un- 
incorporated place from receiving the said apportionment. 

4. Notice to Towns. On or before February first of each 
year, the commissioner shall notify all cities, towns and un- 
incorporated places of the amounts for which they are entitled 
to submit applications for Class IV and Class V highway aid. 

5. Application. Each city, town or unincorporated place 
must apply to the commissioner for aid hereunder prior to May 
first of each year on forms prescribed by him. Each application 
shall state the specific location upon which funds will be used 
and shall further state that sufficient local funds are available 
to maintain any Class IV or Class V highway which has been 
previously improved with state funds under this part. 



1951] Chapter 83 255 

6. Review. The commissioner shall review each appli- 
cation with the person or persons having- jurisdiction over high- 
way expenditures in the applicant city, town or unincorporated 
place to determine if public convenience and necessity require 
the improvement for which said application has been made. The 
commissioner may reject any application made hereunder if 

(a) he is dissatisfied with the maintenance of previously im- 
proved Class IV or Class V highways in the applicant city, town 
or unincorporated place, (b) he disapproves the location upon 
which the funds applied for are to be expended. 

7. Joint Fund Expenditure. Any contribution by a city, 
town or unincorporated place shall be remitted to the commis- 
sioner before any project is begun. Any such contribution shall 
be combined with any amount apportioned by the commissioner 
to the city, town or unincorporated place and shall thereafter 
constitute a joint fund. Said joint fund shall be expended under 
the supervision of and in accordance with specifications 
furnished by the commissioner; provided, however, that when 
projects are within a compact area, the city or town shall remit 
to the commissioner such part of its contribution as he shall 
determine, before preliminary engineering is begun. 

8. Exceptions. No funds apportioned to any city, town 
or unincorporated place as hereinbefore provided shall be ex- 
pended (a) as payment for land damages incidental to acquisi- 
tion of necessary rights of way on non-federal-aid projects; 

(b) on locations previously improved with state funds under 
this part; provided, however, that stage construction shall be 
permitted. 

9. Unobligated Funds. Any joint fund remaining un- 
obligated at the end of the year for which allocated, shall revert 
to the state and the contributing city, town or unincorporated 
place in the same proportion as each contributed to the said 
fund. 

10. Maintenance Allotment by State. In addition to any 
funds hereinbefore apportioned for construction and re- 
construction purposes, the commissioner, in the month of July 
in each year, shall allot to each town a sum sufficient, when 
added to the amount which would be derived by a tax of forty 
cents on each one hundred dollars of the town's last equalized 
valuation, to equal one hundred and ten dollars for each mile 
of regularly maintained Class V highway in such town. The 



256 Chapter 83 [1951 

sums so allotted shall be used for the care and maintenance of 
Class V highways and for no other purposes, under the super- 
vision of the 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. 

11. Rights not Affected. Nothing contained in the pre- 
vious section hereof shall be construed as prohibiting any town 
from appropriating a sum in excess of one hundred and ten 
dollars per mile of regularly maintained Class V highways, nor 
shall such excess appropriation operate to deprive such town 
of any benefits accruing under that section. 

12. State Contribution to Damage Losses. Any city» 
town or unincorporated place which suffers damage to its high- 
ways through disaster which is estimated to exceed one-eighth 
of one per cent of its assessed valuation shall be entitled to aid 
in the repair of such damage providing the commissioner is 
notified of such damage and is requested to investigate the 
damage and advise the amount of aid to which the city, town 
or unincorporated place is entitled. 

The commissioner shall survey the damaged highways and 
prepare an estimate of cost for the rehabilitation of these high- 
ways and shall notify the towns the proportionate share which 
the state will contribute and the estimated amount of aid avail- 
able. 

Aid to any city, town or unincorporated place shall be com- 
puted on that amount which is in excess of an amount equal 
to one-eighth of one per cent of its assessed valuation. To the 
extent that the damage exceeds this amount the commissioner 
shall make available any balances then existing in the joint 
fund account as set forth in section 7 of this part. In the event 
that these funds are insufficient to complete the necessary re- 
pairs, the commissioner shall make available, from the succeed- 
ing year's joint fund account as set up in section 7, an amount 
sufficient to complete repairs; provided, however, that said 
amount shall be so limited that, when combined with the 
balance of the current year's fund account as it existed prior 
to the disaster, the two shall not exceed the total of said 
current year's joint fund account; and provided further, that 
any funds allotted from the succeeding year's joint fund 
account shall be deducted from that account when it is made 



1951] Chapter 83 257 

available to the city, town or unincorporated place. In the 
event that additional funds over and above those previously- 
stated are necessary the commissioner with the approval of 
the governor and council may apportion from any unobligated 
funds available such amounts as may be necessary to complete 
the rehabilitation provided that it shall not exceed fifty per 
cent of the cost of the damage remaining after application of 
those funds previously stated. 

Nothing in this section shall prohibit any city, town or 
unincorporated place from making such emergency repairs 
as are deemed necessary for public convenience and such sums 
expended shall be considered part of the town's contribution. 

2, Continuation of Road Toll. Amend section 11 of chapter 
137, Laws of 1939, by striking out said section and inserting in 
place thereof the following: 11. Motor Vehicle Road Toll. 
Beginning with the final payment of the bonds provided for by 
chapter 1 of the Laws of 1936, the additional road toll of one 
cent per gallon, provided for in section 6 of said chapter 1, 
shall be continued in full force and effect. Such additional 
motor vehicle road toll shall be collected in the manner now 
provided. A separate account of the additional motor vehicle 
road toll provided for by this section 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 chapter 41 of the Laws of 1929, as amended by chapter 151 
of the Laws of 1933, and the separate account provided for by 
chapter 1 of the Laws of 1936, as are not reasonably necessary 
for the payment of the bonds authorized by said chapters. The 
funds so held shall be used 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 high- 
way funds for the payment thereof. 

The one cent per gallon road toll imposed herewith shall be 
paid into a separate account until such time as sufficient funds 
accrue to pay for the interest and retire the bonds issued under 
this act. Upon such accrual the one cent per gallon road toll 
imposed herewith shall continue and shall be thereafter paid 
into the highway fund. 



258 Chapter 83 [1951 

3. Repeal of Inconsistent Laws. Chapter 239, Laws of 
1947, chapter 198, Laws of 1949, and sections 1 to 6 inclusive, 
of chapter 10, Laws of 1950, are hereby repealed, except that 
payment of any bonds or notes previously issued thereunder 
shall be made in accordance with the provisions of section 9 
of this act. 

4. Appropriation. The sum of fourteen million dollars is 
hereby appropriated for the construction, reconstruction and 
betterment of Class I, Class II, Class IV and Class V highways. 
The sum hereby appropriated shall be expended under the 
direction of the commissioner of public works and highways. 

5. Bond Issue Authorized. In order to provide funds for 
the payment of the appropriation authorized by section 4 
hereof, 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 fourteen million dollars and 
for that purpose may issue bonds or notes in the name and on 
behalf of the state. Such bonds shall be deemed a pledge of 
the faith and credit of the state. 

6. 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 state treasurer and countersigned by the gover- 
nor. The state treasurer may sell such bonds or notes under 
the direction of the governor and council, provided all such 
bonds or notes be sold; (1) at public sale bidding; (2) only 
after an advertisement calling for bids has been published at 
least once in each of two successive calendar weeks in a news- 
paper of general circulation in New Hampshire, the first pub- 
lication being not less than thirty days prior to the day the bids 
will be received, and (3) to the highest responsible bidder. 
The governor is authorized to draw his warrants for the sum 
hereinbefore appropriated for the purposes of this act out of 
the proceeds of the sale of said bonds or notes. 

7. Accounts. The secretary of state shall keep an account 
of all such bonds or notes showing the number and amount of 
each, the time of countersigning, the time when payable, and 
the date of delivery to the state treasurer. The state treasurer 



1951] Chapter 83 259 

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 sale, and the time 
when payable. 

8. Short Term Notes. Prior to the issuance of the bonds 
hereunder, and in anticipation of the collection of revenue 
hereunder, the state treasurer, under the direction of the gov- 
ernor and council, may for the purposes hereof borrow money 
from time to time on short-term notes, to be refunded by the 
issuance of the bonds hereunder ; provided, however, that at no 
time shall the indebtedness of the state on such short-term 
notes exceed the sum of fourteen million dollars. 

9. Road Toll. In addition to the four cent per gallon of 
motor vehicle road tolls now imposed pursuant to the pro- 
visions of section 11, chapter 137, Laws of 1939, and chapter 
120 of the Revised Laws as amended by chapter 65 of the Laws 
of 1943, chapter 34, Laws of 1945, chapters 138 and 277, Laws 
of 1947, and chapters 32, 169 and 242, Laws of 1949, a supple- 
mental road toll of one cent per gallon is hereby imposed for 
the purposes of this act so that from and after the effective 
date hereof the motor vehicle road tolls of this state shall total 
five cents per gallon. The road tolls shall be used initially to 
pay the interest and principal due on any bonds and notes 
issued under this act, or under any previous act pertaining to 
highway construction, and the remainder shall be paid into the 
highway fund. 

10. Takes Effect. The provisions of this act shall take 
effect upon its passage provided that the collection of the 
supplemental road toll provided for in section 9 shall not begin 
until the first day of the month after the passage of this act 
and said supplemental road toll shall be continued until July 1, 
1966. 

[Approved April 25, 1951.] 



260 Chapters 84, 85 [1951 

CHAPTER 84. 

AN ACT RELATIVE TO PROTECTED AND UNPROTECTED BIRDS. 

Be it eymcted by the Semite and House of Representativ'es in 
General Court convened: 

1. Definitions under Fish and Game Laws. Amend the 
definition of unprotected birds, in section 1, chapter 241 of the 
Revised Laws, by striking out the same and inserting in place 
thereof the following: Unprotected Birds: English sparrows, 
European starlings, crows, coopers hawk, sharp-shinned hawk, 
great horned owl, barred owl, snowy owl, except such birds as 
are protected by the laws of federal government. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 25, 1951.] 



CHAPTER 85. 

AN ACT RELATIVE TO ATTACHES OF THE LEGISLATURE. 

Be it enacted by the SevMe and House of Representatives in 
Generul Court convened: 

1. Salaries. Amend sections 18, 19 and 20 of chapter 9 of 
the Revised Laws by striking out said sections and inserting in 
place thereof the following: 18. Senate Clerk. The com- 
pensation of the clerk of the senate shall be ninety-five dollars 
a week for each six-day week of any regular session, together 
with three hundred and fifty dollars when he files with the 
secretary of state a printed copy of his journal and seventy- 
five dollars for attendance according to law at the opening of 
each session. Said sums shall be in full for services performed 
at such regular session. 

19. House Clerk. The compensation of the clerk of the 
house shall be one hundred dollars a week for each six-day 
week of any regular session together with four hundred 
twenty-five dollars when he files with the secretary of state a 
printed copy of his journal and seventy-five dollars for attend- 
ance according to law at the opening of each session. Said sums 
shall be in full for services performed at such regular session. 



1951] Chapter 86 261 

20. Assistant Clerks. The compensation of the assistant 
clerk of the senate shall be eighty dollars per week for each 
six-day week of any regular session, and the compensation of 
the assistant clerk of the house shall be ninety-five dollars per 
week for each six-day week of any regular session. 

2. Salaries. Amend section 23-a of chapter 9 of the Re- 
vised Laws as inserted by section 1, chapter 1 of the Laws of 
1947, by striking out said section and inserting in place there- 
of the following: 23-a. Stenographers. The compensation 
of the stenographers of the senate and house of representatives 
shall be as follows: For the chief stenographer ten dollars a 
day; for other stenographers and mileage clerk seven dollars 
for the first session of service and fifty cents a day additional 
for each succeeding session of service until a maximum of nine 
dollars a day ; each for six days a week. 

3. Takes Eif ect. This act shall take effect as of January 3, 
1951. 

[Approved April 26, 1951.] 



CHAPTER 86. 



AN ACT RELATING TO TRUSTEES AND DIRECTORS OF SAVINGS 
BANKS. 

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

1. Bank Directors and Trustees. Amend section 9 of 
chapter 308 of the Revised Laws by inserting after the word 
"exception" in the first line the words, so long as a quormn is 
available for the transaction of business ; and by adding at the 
end thereof the words, or to the trustees of savings banks or 
to the directors of trust companies during periods of their 
active membership in the armed forces of the United States of 
America or during periods of their attendance at sessions of the 
general court as members thereof, so that said section as 
amended shall read as follows : 9. Exceptions. So long as a 
quorum is available for the transaction of business, the pro- 
visions of section 8 shall not apply to directors of trust com- 
panies who reside more than five hundred miles from the place 



262 Chapter 87 [1951 

of meeting or to the trustees of savings banks or to the 
directors of trust companies during periods of their active 
membership in the armed forces of the United States of 
America or during periods of their attendance at sessions of 
the general court as members thereof. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 26, 1951.] 



CHAPTER 87. 



AN ACT RELATIVE TO THE REGISTRATION OP WOOD PROCESSING 
MILLS. 

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

1. Registration. Amend section 58, chapter 233 of the Re- 
vised Lav^^s as amended by section 1, chapter 82, Laws of 1949, 
by striking out said section and inserting in place thereof the 
following: 58. Registration. No person shall in any one 
year operate or cause to be operated any mill processing 
lumber or forest products within the following classes until said 
mill shall be registered by the state forestry and recreation 
commission. Class One: All commercial permanent and 
portable mills wherever located sawing or otherwise processing 
logs, bolts or other primary forest products ; also planing mills 
and other manufacturing plants utilizing wood products that 
are located in or near woodlands as defined in section 31 of 
chapter 241 of the Revised Laws or where fire may be com- 
municated to such lands. Class Two: All non-commercial mills 
operated as an incidental part of a farm operation, located in 
or near woodlands as defined in said section 31. Application 
for registration shall be in writing, giving the name of owner 
or owners, the location and type of mill, and such other perti- 
nent information as the commission may require. 

2. Fees. Amend section 59 of said chapter 233 by striking 
out said section and inserting in place the following: 59. 
Pees. Registration shall, in all cases, expire December thirty- 
first of each year. The fee for such registration of a Class One 
mill shall be twenty-five dollars, unless registration is made 



1951] Chapter 88 263 

after October first, in which case the fee shall be ten dollars. 
The fee for registration of a Class Two mill shall be ten dollars 
unless application is made after October first in which case the 
fee shall be three dollars. 

3. Takes Eifect. This act shall take efl'ect January 1, 1952. 
[Approved April 26, 1951.] 



CHAPTER 88. 



AN ACT RELATING TO NOTICE BY ADMINISTRATORS TO PARTIES IN 
PENDING ACTIONS. 

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

1. Administrators. Amend section 10 of chapter 355 of the 
Revised Laws by adding at the end thereof the following: 
Provided, that in the latter case, the administrator shall forth- 
with notify in writing the adverse party or his attorney of 
record of such death and grant of administration, and such 
action shall not be barred until the end of the second term after 
the giving of such notice. Such notice shall be by registered 
mail, return receipt requested, and such administrator shall 
file an affidavit in the probate court, showing compliance with 
the provisions thereof, provided further however, that any 
justice of the superior court shall for good cause shown grant 
leave from any of the foregoing provisions as justice may re- 
quire, so that said section as amended shall read as follows: 
10. Pending Actions. If such an action is pending at the time 
of the decease of one of the parties it shall abate and be forever 
barred, unless the administrator of the deceased party, if the 
deceased was plaintiff, shall appear and assume the prosecution 
of the action before the end of the second term after the de- 
cease of such party, or, if the deceased party was defendant, 
unless the plaintiff shall procure a scire facias to be issued to 
the administrator of the deceased party before the end of the 
second term after the original grant of administration upon his 
estate. Provided, that in the latter case, the administrator 
shall forthwith notify in writing the adverse party or his 
attorney of record of such death and grant of administration, 



264 Chapter 89 [1951 

and such action shall not be barred until the end of the second 
term after the giving of such notice. Such notice shall be by 
registered mail, return receipt requested, and such adminis- 
trator shall file an affidavit in the probate court, showing com- 
pliance with the provisions thereof, provided further however, 
that any justice of the superior court shall for good cause 
shown grant leave from any of the foregoing provisions as 
justice may require. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 26, 1951.] 



CHAPTER 89. 

AN ACT RELATIVE TO LEGAL LENGTH OF MOTOR BUSSES. 

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

1. Legal Length of Motor Vehicles. Amend section 38 of 
chapter 119 of the Revised Laws, as amended by chapter 108, 
Laws of 1943, and chapter 61 of the Laws of 1945, by striking 
out said section and inserting in place thereof the following: 
38. Width and Length. No vehicle whose width including 
load is greater than ninety-six inches, or whose length includ- 
ing load is greater than thirty-five feet, and no combination of 
wheels coupled together whose total length, including load, is 
greater than forty-five feet, shall be operated on the highways 
of this state. Provided, however, that the provisions of this 
section relative to length shall not apply to vehicles trans- 
porting poles, logs, timbers or metal, when actually so em- 
ployed, and that in determining width there shall be excluded 
six inches of any increase in width due to changing to low 
pressure tire equipment from other tire equipment. Provided 
further, that a vehicle may be operated on the highways of 
this state transporting a load of loose hay or loose fodder when 
the width including such load is greater than ninety-six inches 
so long as the width of said vehicle without said load does not 
exceed said ninety-six inches. Provided further, that a motor 
bus may be operated on the highways of this state which shall 
be equipped with three axles, and which shall not exceed an 
overall length, inclusive of front and rear bumpers, of forty 



1951] Chapter 90 265 

feet, and which shall not have an axle load of more than 
eighteen thousand pounds on any one axle, provided further, 
that said type motor bus may be operated only on those high- 
ways specifically designated by the commissioner of motor 
vehicles. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved April 30, 1951.] 



CHAPTER 90. 



AN ACT RELATIVE TO SUPPORT OF PERMANENTLY AND TOTALLY 
DISABLED PERSONS. 

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

1. Permanently and Totally Disabled Persons. Amend 
paragraph I of section 6 of chapter 126 of the Revised Laws by 
striking out said paragraph and inserting in place thereof the 
following: I. General, Develop plans to provide assistance 
to needy aged, blind, permanently and totally disabled per- 
sons, and dependent children; administer or supervise the 
administration of these activities, child welfare services, social 
service index and other activities hereinafter mentioned. 

2. Aid to the Permanently and Totally Disabled. Amend 
section 8 of chapter 126 of the Revised Laws by striking 
out said section and inserting in place thereof the following: 
8. Settlement. No person shall lose or be prevented from 
gaining a settlement because of receiving old age assistance, 
aid to the blind, aid to dependent children, or aid to the perma- 
nently and totally disabled under the provisions of this chapter. 

3. Permanently and Totally Disabled Persons. Amend 
section 11 of chapter 126 of the Revised Laws by striking out 
said section and inserting in place thereof the following: 11. 
Designations. Assistance granted to needy aged persons shall 
be designated as old age assistance ; assistance granted to the 
needy blind shall be designated as aid to the blind ; assistance 
granted to needy dependent children shall be designated as aid 
to dependent children; assistance granted to needy perma- 
nently and totally disabled persons shall be designated as aid 



266 Chapter 90 [1951 

to the permanently and totally disabled ; assistance granted in 
these groups shall be in the form of money payments to or with 
respect to needy individuals and such separate records and 
accounts shall be kept and other requirements met as are 
necessary to qualify for grants-in-aid from the federal govern- 
ment. 

4. Eligibility for Aid. Amend section 12 of chapter 126 of 
the Revised Laws as amended by chapter 43 of the Laws of 
1945 and chapter 179 of the Laws of 1945 by striking out said 
section and inserting in place thereof the following: 12. 
Definitions, (a) For the purposes hereof a person shall be 
eligible for old age assistance who is sixty-five years of age; 
is not on account of his physical condition in need of continued 
public institutional care ; is a citizen of the United States and 
has been a resident of the state for at least five years within 
the nine years im_mediately preceding his application for such 
aid and has resided in the state continuously for one year im- 
mediately preceding said application. 

(b) For the purposes hereof a person shall be eligible for 
aid to the needy blind who has no vision or whose vision with 
correcting glasses is so defective as to prevent the performance 
of ordinary activities for which eyesight is essential. No per- 
son shall be eligible to receive such aid while receiving old age 
assistance or aid to dependent children. 

(c) For the purposes hereof a person shall be eligible for 
aid to dependent children who is a needy child under the age of 
sixteen, or between the ages of sixteen and eighteen and en- 
rolled in school, who has been deprived of parental support or 
care by reason of death, continued absence from the home, or 
physical or mental incapacity of a parent, and who is living 
with his father, mother, grandfather, grandmother, brother, 
sister, stepfather, stepmother, stepbrother, stepsister, uncle or 
aunt in a place of residence maintained by one or more of such 
relatives as his or their home. No person shall be eligible to 
receive such aid while receiving old age assistance. 

(d) For the purposes hereof a person shall be eligible for 
aid to the permanently and totally disabled who is between the 
ages of eighteen and sixty-four years inclusive ; is a citizen of 
the United States and has been a resident of the state for at 
least five years within the nine years immediately preceding 
his application for such aid and has resided in the state con- 



1951J Chapter 90 267 

tinuously for one year preceding- said application, and who is 
permanently and totally disabled. 

5. Aid to the Pennanently and Totally Disabled. Amend 
section 14 of chapter 126 of the Revised Laws by adding after 
the words "old age assistance" the words, or aid to the perma- 
nently and totally disabled, so that said section as amended 
shall read : 14. Application for Assistance. Application for 
assistance under this chapter shall be made in the first instance 
to the commissioner or his duly authorized agent. The appH- 
cation shall be in writing and upon a form prescribed by the 
department. Except in cases of emergency no aid shall be 
granted until completion of the investigation herein required. 
Whenever an application for old age assistance or for aid to 
the permanently and totally disabled is received the commis- 
sioner shall immediately give notice of such application to the 
selectmen of any town or the overseer of the poor of any city 
wherein said applicant claims a legal settlement, or otherwise 
to the county commissioners of the county in which said appli- 
cant resides, and shall also notify them of any decision thereon. 

6. Claims Against Estates. Amend section 19 of chapter 
126 of the Revised Laws as amended by section 1 of chapter 44 
of the Laws of 1947 and section 1 of chapter 100 of the Laws 
of 1949 by striking out said section and inserting in place 
thereof the following : 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 appli- 
cation, 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 or aid to the permanently and totally disabled, the 
total amount of assistance paid under this chapter shall be 
allowed as a claim against the estate of such person after pay- 
ment 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. No claim shall be imposed 
against the real estate of a recipient of old age assistance or 
aid to the permanently and totally disabled while it is occupied 
as a home by a surviving spouse, or against any personal prop- 
erty of less than one hundred dollars in value. The federal 
government shall be entitled, as long as required as a condition 



268 Chapter 90 [1951 

to federal financial participation, to such proportion of the net 
amount collected from the estate of a recipient of old age 
assistance or aid to the permanently and totally disabled as the 
federal participation bears to the total amount of assistance 
granted said recipient. 

7. Liability of Counties and Towns, Amend section 21 of 
chapter 126 of the Revised Laws by striking out said section 
and inserting in place thereof the following : 21. Reimburse- 
ments of Fund. All expenditures in carrying out the purposes 
of this chapter relative to old age assistance or aid to the 
permanently and totally disabled shall be made in the first in- 
stance from the public assistance fund hereby created but each 
county or town shall, within sixty days from notice thereof, 
reimburse said fund for all assistance granted to aged persons 
or permanently and totally disabled persons for which such 
county or town is liable to the extent of twenty-five per cent 
thereof. 

8. Public Assistance Funds. Amend section 23 of chapter 
12'6 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 23. Public Assistance 
Fund Created. There is hereby established in the state 
treasury a public assistance fund which shall consist of all 
funds made available for the purposes of this chapter by the 
federal government or the state. Within this fund there shall 
be established the following separate accounts : Old Age Assist- 
ance; Blind Assistance and Service; Aid to Dependent Chil- 
dren; Child Welfare Services; Aid to the Permanently and 
Totally Disabled; Administration and Service. The Commis- 
sioner, with the approval of the governor and council, may 
make transfers of state funds between accounts within the 
fund. Moneys shall be disbursed from this fund upon authori- 
zation of the commissioner for the purposes of this chapter. 
(1) All moneys advanced to or otherwise placed at the dis- 
posal of the state by the federal government and accepted by 
the state under the provisions hereof, (2) all moneys received 
from counties or towns pursuant to the provisions hereof, (3) 
the sums appropriated for the department, and (4) the moneys 
appropriated to carry out the provisions of this chapter, shall 
be kept by the state treasurer in said public assistance fund 
and paid out by him upon warrants drawn by the governor 
with the advice and consent of the council for the purposes of 



1951] Chapter 90 269 

this chapter and other purposes of the board authorized by law. 
Unexpended balances in the accounts of said fund shall not 
lapse but shall be available for expenditure by the commis- 
sioner, with the approval of the governor and council, for the 
purposes of this chapter. 

9. Authorization for Payments. Amend section 30 of 
chapter 126 of the Revised Laws by adding after the words 
"assistance" in the first line the words, or aid to the perma- 
nently and totally disabled, so that said section as amended 
shall read as follows: 30. Guardian. If the person receiv- 
ing old age assistance or aid to the permanently and totally dis- 
abled is, on the testimony of reputable witnesses, found in- 
capable of taking care of himself or his money, the commis- 
sioner may make the payments of such assistance to any re- 
sponsible person, guardian, or corporation, for his benefit. 

10. Limitation. Amend section 31 of chapter 126 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following : 31. Assistance, Exclusive. No 
person receiving old age assistance or aid to the permanently 
and totally disabled under this chapter shall at the same time 
receive any other relief from the state, or from any political 
subdivision thereof, except for medical and surgical assistance, 
and the acceptance of such relief shall operate as a revocation 
of old age assistance or aid to the permanently and totally dis- 
abled. The names of persons receiving old age assistance or aid 
to the permanently and totally disabled under the provisions of 
this chapter shall not be printed in any report of the county 
commissioners or of the board of public welfare nor published 
in any state, county, or town report. 

11. Agreements Required. Amend section 32-a of chapter 
126 of the Revised Laws as inserted by section 1 of chapter 
173 of the Laws of 1949 by striking out said section and insert- 
ing in place thereof the following: 32-a. Condition. The 
commissioner shall require as a condition to granting old age 
assistance or aid to the permanently and totally disabled in 
any case that the applicant, and the spouse of the applicant, if 
any, residing with the applicant, submit a properly acknowl- 
edged agreement to reimburse the federal government, the 
state and the county or town for all assistance granted. In 
such agreement such applicant, and the spouse of the applicant, 
if any, shall assign as collateral security for such assistance 



270 Chapter 90 [1951 

such part of his personal property as the commissioner shall 
demand. All funds recovered under the provisions of this and 
the preceding 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. 

12. Further Requirements. Amend section 33 of chapter 
126 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 33. Assignment of 
Property. If the commissioner shall deem it necessary he may 
require as a condition to the grant or continuance of old age 
assistance or aid to the permanently and totally disabled in any 
case that all or any part of the property of a person applying 
for such aid be transferred to the board in trust as follows: 
Such property shall be managed by said board and the net in- 
come thereof shall be paid to such person ; said board shall have 
the power to sell, lease, or transfer such property or defend 
or prosecute all suits concerning it and to pay all just claims 
against it and to do all things necessary for the protection, 
preservation, and management thereof. If the old age assist- 
ance or aid to the permanently and totally disabled of such per- 
son is discontinued during his lifetime, the property thus trans- 
ferred shall be returned to him subject to a lien on such prop- 
erty for any sums paid to him as old age assistance or aid to 
the permanently and totally disabled under this chapter, or the 
remainder of such property after deducting therefrom the sums 
paid to him as such assistance shall be returned to him. In the 
event of his death, the remainder of such property, after de- 
ducting therefrom the sums paid him as old age assitance or 
aid to the permanently and totally disabled under this chapter, 
shall be considered as the property of the estate of the bene- 
ficiary for administrative proceedings. The board shall execute 
and deliver all necessary instruments to give effect to this 
section. 

13. Application of Statutes. The provisions of sections 34, 
35, 36 and 37 of chapter 126 of the Revised Laws relative to 
confidential character of records, misuse of lists and records, 
penalties and legal proceedings shall be applicable to the ad- 
ministration of aid to the permanently and totally disabled 
under the provisions of this chapter as hereinbefore amended. 

14. Transfer of Funds Authorized. The commissioner, 



1951] Chapter 91 271 

with the approval of the governor and council, is hereby 
authorized to transfer from balances of state funds presently 
remaining in any account or accounts of the public assistance 
fund to the aid to the permanently and totally disabled account 
of said fund such sums as shall be necessary to furnish assist- 
ance to the permanently and totally disabled in accordance with 
the provisions of this act between the date of the passage of 
this act and June 30, 1951. 

15. Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1951.] 



CHAPTER 91. 



an act relative to the closing of county offices on 
Saturdays. 

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

1. Registers of Deeds. Amend section 11, chapter 49 of the 
Revised Laws as amended by section 1, chapter 234 of the Laws 
of 1947, by striking out the same and inserting in place thereof 
the following: 11. Office Hours. Every register shall keep 
his office open daily except Sundays and legal holidays. It may 
be closed on Saturday if not incompatible with public business ; 
provided, however, that the register may keep his office open 
on Saturday mornings in the custody of a single custodian 
whenever he deems it necessary. 

2. Registers of Probate. Amend section 2, chapter 347 of 
the Revised Laws as amended by section 2, chapter 234 of the 
Laws of 1947, by striking out said section and inserting in place 
thereof the following : 2. Office Hours. Every register shall 
keep his office open daily, except Sundays and legal holidays. 
It may be closed on Saturday if not incompatible with pubhc 
business; provided, however, that the register may keep his 
office open on Saturday mornings in the custody of a single 
custodian whenever he deems it necessary. 

3. Clerk of Superior Court. Amend section 3, chapter 374 
of the Revised Laws, as amended by section 3, chapter 234 of 
the Laws of 1947, by striking out said section and inserting in 



272 Chapters 92, 93 [1951 

place thereof the following-: 3. Office Hours. The office of 
the clerk shall be kept in a town in which a term of court for 
the county is required to be holden. He shall keep his office 
open daily except Sundays and holidays. It may be closed on 
Saturday if not incompatible with public business; provided, 
however, that the clerk may keep his office open on Saturday 
morning's in the custody of a single custodian whenever he 
deems it necessary. 

4. Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1951.] 



CHAPTER 92. 



AN ACT RELATING TO THE CLERK'S FEE FOR ISSUING CERTIFICATE 

OF CONFORMITY TO REQUIREMENTS OF MARRIAGE 

INTENTIONS NOTICE. 

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

1. Record of Notice. Amend section 29 of chapter 338 of 
the Revised Laws by striking- out the word ''two" in the second 
line thereof and inserting- in place thereof the word, three, so 
that said section as amended shall read as follows : 29. Fee. 
The fee of the clerk for making- the record of notice and issuing 
his certificate shall be three dollars, to be paid by the parties. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1951.] 



CHAPTER 93. 

AN ACT RELATIVE TO THE FEES OF PUBLIC WEIGHERS. 

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

1. Fees. Amend section 47 of chapter 192 of the Revised 
Laws by striking- out the word "fifteen" in the first line and 
substituting therefor the word, twenty-five, so that said sec- 
tion as amended shall read as follows: 47. Fees. Public 



1951] Chapter 94 273 

weighers shall be paid such fees, not exceeding twenty-five 
cents for each weighing, as shall be prescribed by the body by 
which they are appointed, which shall be in full for the use of 
the scales, the certificates furnished, the recording thereof and 
all official services performed. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1951.] 



CHAPTER 94. 

AN ACT RELATIVE TO CHILD LABOR. 

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

1. Employment of Child Labor. Amend section 18 of 
chapter 137 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 18. Under 
Fourteen. No child under the age of fourteen shall be em- 
ployed, or permitted or suffered to work in any occupation, 
except farm or domestic labor. 

2. Inspection Authorized by Commissioner of Labor. 
Amend section 20 of said chapter 137 by striking out said sec- 
tion and inserting in place thereof the following: 20. In- 
spections. Whenever requested by the commissioner of labor 
the state board of health shall cause an inspection to be made 
of any place in which children under the age of sixteen are 
employed, and may require the discharge of any child found 
employed therein who by reason of physical condition, of un- 
sanitary conditions of employment, or of development below 
the normal for children of that age, cannot in their judgment 
continue to be employed without undue risk to health. 

3. Issue of Employment Certificates. Amend section 26 of 
chapter 137 of the Revised Laws by striking out the words 
"school board" in the third line and inserting in place thereof 
the word, him, so that said section as amended shall read as 
follows: 26. Issue. An employment certificate shall be 
issued only by the superintendent of schools, or in the absence 
of the superintendent by a person authorized by him. No per- 
son shall issue such certificate for any child then in or about 



274 Chapter 94 [1951 

to enter such person's own employment, or the employment of 
a firm or corporation of which he is a member, officer or em- 
ployee. In the city of Manchester the duties in relation to the 
issuing of employment certificates shall be performed by a per- 
son named by the superintendent of schools with the assent of 
the school board, and the person so appointed shall be subject 
to the terms hereof. 

4. Physical Examination. Amend paragraph III of section 
27 of said chapter 137 by adding after the word "health" in the 
first line the words, or the child's family physician, so that said 
paragraph as amended shall read: III. A certificate from a 
medical officer of the local board of health, or the child's family 
physician, or from a physician designated by the school board, 
that the child has reached the normal development for his age, 
and that he is in sufficiently sound health and physicially able 
to perform the work which he intends to do. 

5. Records. Amend section 33 of said chapter 137 by add- 
ing at the end thereof the following v/ords, copy of the certifi- 
cate shall be sent to the department of labor immediately upon 
its issuance, so that said section as amended shall read as 
follows: 33. Certificate Recorded. The superintendent of 
schools or other person authorized to issue emplo5Tnent 
certificates shall keep a record of same in a book. Such record 
shall contain a list of the names of all children to whom 
certificates are granted, numbered consecutively, together with 
the date of issue and the signature of the officer issuing the 
certificate, and shall be carefully preserved. Copy of the 
certificate shall be sent to the department of labor immediately 
upon its issuance. 

6. Supplying Forms. Amend section 34 of said chapter 
137 by striking out the words "state board" in the third and 
fourth lines and inserting in place thereof the words, state de- 
partment of labor, so that said section as amended shall read 
as follows : 34. Forms. All blank forms for records used in 
the enforcement and administration of this subdivision shall be 
uniform throughout the state, shall be prescribed by the state 
department of labor, and shall be furnished by the state, and 
the method of keeping the same shall be prescribed by the state 
department of labor. 

7. Repeal. Section 37 of chapter 137 of the Revised Laws, 
relative to enforcement, is hereby repealed. 



1951] Chapters 95, 96 275 

8. Penalty. Amend section 47 of said chapter 137 by 
striking out the words "state board" in the fourth Hne and in- 
serting in place thereof the words, state department of labor, 
so that said section as amended shall read as follows; 47. 
Penalty. Whoever employs a person between sixteen and 
twenty-one years of age contrary to the foregoing provisions 
shall be fined not more than fifty dollars. It shall be the duty 
of truant officers, inspectors appointed by the state department 
of labor, police officers, constables, sheriffs, and city and county 
solicitors to enforce the provisions of this section. 

9. Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1951.] 



CHAPTER 95. 



AN ACT RELATIVE TO FEES FOR REGISTRATION AS LEGISLATIVE 
COUNSEL. 

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

1. Legislative Counsel. Amend chapter 9 of the Revised 
Laws by inserting after section 27 the following new section : 
27-a. Fee for Registration. The fee for registration as 
legislative counsel, for any one legislative session, in accord- 
ance with the provisions of section 27, shall be ten dollars. 

2. Takes Effect. This act shall take effect as of January 1, 
1952. 

[Approved May 2, 1951.] 



CHAPTER 96. 

AN ACT RELATING TO MOTOR VEHICLE LIABILITY POLICY FORMS. 

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

1. Change in Form. Amend section 15 of chapter 122 of 
the Revised Laws by striliing out the comma after the word 
"name" and the words "and business" as they appear in the 



276 Chapter 96 [1951 

tenth line thereof and inserting the word, and, before the word 
"address" in said Hne so that section as amended shall read as 
follows: 15. Policy, Form. No motor vehicle liabiHty policy, 
as defined in section 1, shall be issued or dehvered in the state 
until a copy of the form of the policy has been on file with the 
insurance commissioner for at least thirty days, unless, during 
said period, the insurance commissioner shall have approved 
in writing the form of the policy, nor shall such policy be issued 
if the insurance commissioner notifies the insurance company 
in writing that, in his opinion, the form of the policy does not 
comply with the laws of the state. Notification of his approval 
or disapproval shall be given in writing within said period. The 
insurance commissioner shall approve a form of policy which 
contains the name and address of the insured, a description of 
the motor vehicles and trailers or semi-trailers covered, with 
the premium charges therefor, the policy period, the limits of 
liability as between the insured and the insurance company, 
and an agreement that insurance is provided in accordance with 
and subject to the provisions of this chapter. 

The policy may provide that the insured, or any other person 
covered by the policy shall reimburse the insurance carrier for 
payment made on account of any loss or damage claim or suit 
involving a breach of the terms, provisions, or conditions of the 
policy ; and further, if the policy shall provide for limits in ex- 
cess of the limits specified in this chapter, the insurance 
carrier may plead against any plaintiff, with respect to the 
amount of such excess limits of liability, any defenses which 
it may be entitled to plead against the insured, and any such 
policy may further provide for the prorating of the insurance 
thereunder with other applicable valid and collectible in- 
surance. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 2, 1951.] 



1951] Chapter 97 277 

CHAPTER 97. 

AN ACT RELATIVE TO REGISTRATION AND OPERATION OF MOTOR 
VEHICLES BY PERSONS ENTERING THE MILITARY SERVICE OF 

THE United States for national defense and 

POWERS of the commissioner of motor 

vehicles. 

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

1. Motor Vehicle Registration. Any person who is ordered 
into or enlists in the miUtary or naval service of the United 
States in connection with the strengthening of the national 
defense in any war emergency may make application to the 
motor vehicle commissioner stating the fact of such service 
and requesting suspension of registration of any motor vehicle 
owned by him during such service. Upon receipt of such appli- 
cation, the motor vehicle commissioner is hereby authorized to 
suspend registration of such motor vehicle for such time and to 
reimburse said person for a portion of the registration fees 
paid by him for the current year on a pro rata basis according 
to the number of months said motor vehicle is unused. Any 
refunds made under the provisions hereof shall be a charge 
upon the funds of the motor vehicle department. Upon the 
termination of such service, upon application, the motor vehicle 
commissioner shall reregister said vehicle for the then current 
year upon payment of a like pro rata fee. 

2. Operation of Motor Vehicles. Any person who is a mem- 
ber of the armed forces of the United States and who at the 
time of his induction, call on reserve commission or enlistment 
into such forces was the holder of a valid New Hampshire 
license to operate motor vehicles in this state, shall, notwith- 
standing the expiration of such license, be entitled to operate 
a motor vehicle without obtaining a new license therefor. Such 
person shall, while operating a motor vehicle, carry upon his 
person the license issued to him, in force at the time of his 
entrance into the armed forces, and conclusive evidence that 
he is a member of said armed forces. Nothing in this act shall 
be construed to permit a person against whom a revocation or 
suspension of a license is in force, or a person who has been 
refused a license by the commissioner of motor vehicles, to 
operate a motor vehicle. 



278 Chapter 98 [1951 

3. Suspension of Age Requirement. In addition to the 
other powers of the commissioner of motor vehicles during any- 
war emergency and until April first next, succeeding the termi- 
nation thereof, he shall have authority to issue a commercial 
operator's license to any person between the ages of sixteen 
and eighteen, otherwise duly qualified. During said period the 
provisions of sections 15 and 16 of chapter 117 of the Revised 
Laws, as amended by sections 6 and 7, chapter 189 of the Laws 
of 1949 and section 17, chapter 16 of the Laws of 1950, in- 
consistent with the provisions hereof, are hereby suspended. 
Said license shall be restricted to the operation of motor 
vehicles of one and one-half ton manufacturers' rating or less. 

4. Takes Effect. This act shall take effect only during a 
period of armed hostilities as declared by the Congress and 
President of the United States. 

[Approved May 3, 1951.] 



Chapter 98. 



an act relative to the purchase of insurance for the 

forestry and recreation commission building at 

Franconia Notch, New Hampshire. 

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

1. Insurance, Forestry and Recreation Stock Rooms. 

Amend chapter 233 of the Revised Laws by inserting after 
section 4 the following new section: 4-a. The director of 
recreation, subject to the approval of the forestry and recre- 
ation commission, shall have power to protect merchandise pur- 
chased for resale situated in the forestry and recreation build- 
ing at Franconia Notch, Franconia, New Hampshire, against 
fire and water damage, and such insurance shall be purchased 
through the director of purchase and property after consul- 
tation with the board of approval established by section 7 of 
part 24 of chapter 5 of the Laws of 1950. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 3, 1951.] 



1951] Chapters 99, 100 279 

CHAPTER 99. 

AN ACT RELATIVE TO LICENSES OF BONDED WAREHOUSES. 

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

1. Bonded Warehouses. Amend section 1 of chapter 205 
of the Revised Laws as amended by section 15, chapter 265, of 
the Laws of 1949, by striking out said section and inserting in 
place thereof the following: 1. Licenses. Any person, firm 
or corporation 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, firms or corporations 
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 hun- 
dred dollars or imprisoned not more than six months, or both. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 3, 1951.] 



CHAPTER 100. 



AN ACT TO PROVIDE FOR ABSENTEE VOTING FOR PERSONS IN THE 
ARMED FORCES AND CIVILIANS SERVING THEREWITH. 

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

1. Members of the Armed Forces and Civilians Serving 
Therewith. Any armed services absentee as hereinafter de- 
fined voting as herein permitted may substitute for the jurat 
required by chapter 34 of the Revised Laws and transmit with 
the sealed ballot a written statement in such form as the 
secretary of state shall prescribe, setting forth the facts re- 
quired, made before any commissioned officer, non-commis- 
sioned officer, or petty officer, in the armed forces of the United 
States and any member of the merchant marine of the United 
States designated for this purpose by the administrator of the 
war shipping administration. 



280 Chapter 100 [1951 

2. Definition of Armed Services Absentee. The term 
"armed services absentee" as used herein shall be construed to 
mean: 

I. Members of the armed forces and the merchant marine 
of the United States. 

II. Persons serving with the American Red Cross, the 
Society of Friends, the Women's Auxihary Service Pilots and 
the United Service Organizations, who are attached to and 
serving with the armed forces of the United States. Tlie term 
"members of the merchant marine of the United States" shall 
mean persons employed as officers or members of crews of 
vessels documented under the laws of the United States and 
persons enrolled for such employment with the United States 
war shipping administration. 

3. Armed Services Ballots. The secretary of state shall 
prepare aiTned services ballots similar to the official ballot for 
the use of armed services absentees in such quantities as he 
may deem necessary together with envelopes upon which shall 
be printed the affidavits prescribed by chapter 34 of the Re- 
vised Laws. He shall determine their size, weight, type and 
color of paper. The secretary of state shall retain for his own 
use so many of the papers provided for in this chapter as he 
may deem sufficient, and shall supply each city and town clerk 
in the state with as many of them as he may deem necessary. 

4. Applications. Applications for armed services ballots 
for armed services absentees may be made in any form to the 
secretary of state by the armed services absentee or any one 
on his behalf, provided his name, service organization, service 
address and legal residence are disclosed. Upon receipt of any 
such application the secretary of state shall forward it by mail 
to the clerk of the town or city of the voting place indicated. 
The town or city clerks shall forward by mail an armed services 
ballot with the necessary envelopes to such armed services 
absentee. 

5. Information Furnished. The registrars of voters or 
supervisors of the check-list are hereby required to furnish to 
the town or city clerks upon their request any information 
relative to persons entitled to vote in their ward or town which 
may be necessary to enable them to determine the proper ballot 
to be sent to an armed services absentee. Whoever violates any 
provision of this section shall be fined not more than fifty 
dollars. 



1951] Chapter 100 281 

6. Voting Procedure. An armed services absentee who has 
received an armed services ballot may vote by mailing or caus- 
ing to be delivered to the secretary of state such ballot marked 
and sworn to as follows: He shall deliver said ballot to any 
official authorized by law to administer oaths, or any officer de- 
scribed in section 1 hereof, for examination, who shall satisfy 
himself that it is unmarked and the voter shall not allow said 
official or officer to see how he marks it, and said voter shall 
mark said ballot in the presence of said official or officer and 
no other person. Said official or officer shall hold no communi- 
cation with the voter, nor he with said official or officer, as to 
how he is to vote; provided, however, that in the case of any 
armed services absentee who, because of blindness, or other 
physical disability, is unable to mark his ballot, such official or 
officer may assist him to mark his ballot as directed by said 
voter. Such official or officer shall certify on the outside there- 
of that it was so marked with his assistance, and shall there- 
after give no information regarding the same. After marking 
the ballot, the voter shall enclose and seal the same in the 
envelope provided for that purpose. He shall then execute be- 
fore said official or officer the affidavit on said envelope and 
shall enclose and seal the envelope containing the ballot in the 
return mailing envelope, endorse thereon his name and voting 
place, and shall then mail the envelope or cause it to be de- 
livered to the secretary of state. 

7. Procedure by Secretary of State. Upon receipt of the 
envelope containing the armed services ballot the secretary of 
state shall send it to the clerk of the city or town of the voting 
place indicated on the envelope. 

8. Registration of Voters. Upon receipt of the envelope 
containing an armed services ballot the clerk of the city or 
town shall open and retain the mailing envelope and deliver 
the voting envelope to the registrars of voters or supervisors 
of the check-list of the voting place indicated thereon who shall 
examine the same. The affidavit appearing on the outside of 
the envelope, if properly executed, shall be p7'ima facie evidence 
of the voter's qualifications to become a voter and his name 
shall be added to the check-list. The registrars or supervisors 
of the check-list shall then return the envelopes unopened to 
the city or town clerk who shall see that they check in number 
with the mailing envelopes. Said clerk shall attach the two 
corresponding envelopes and shall deliver them to the moder- 



282 Chapter 101 [1951 

ator before the hour for the closing of the polls upon election 
day to be counted. No armed services ballot shall be rejected 
by a moderator for the lack of an attached application. 

9. Conformity with Federal Legislation. The secretary of 
state and all other appropriate officials or boards are hereby 
authorized to perform all acts which he or they may be 
authorized to perform by any federal statute affecting voting 
by those to whom the statute is applicable and to accept any 
federal funds which may be made available to defray any ex- 
pense in connection therewith, in so far as the same may not be 
repugnant to the constitution of this state. 

10. Laws Suspended. Such provisions of chapters 32 and 
34 of the Revised Laws as are inconsistent with the provisions 
hereof shall be suspended during the effective dates hereof. 

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

[Approved May 7, 1951.] 



CHAPTER 101. 

AN ACT RELATIVE TO RECORDING FEES FOR TOWN CLERKS. 

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

1. Conditional Sales. Amend chapter 262-B of the Revised 
Laws, as inserted by chapter 104 of the Laws of 1945, by in- 
serting after section 10 the following new section: 10-a. 
Recording Fees. Fees to be paid to the recording officer under 
the provisions of section 10 shall in each case be at least a 
minimum of one dollar. 

2. Town Clerks. Amend section 5 of chapter 219-A of the 
Revised Laws, as inserted by chapter 27, Laws of 1949, by add- 
ing at the end thereof the following: provided, however, that 
in any case where the copy is made by a town clerk whose 
official income is derived in part or entirely from fees a charge 
for services hereunder shall be made and the town shall re- 
imburse the clerk for said charges, so that said section as 
amended shall read as follows : 5. Copies of Public Records. 
When a copy of any public record is required by the veterans 



1951] Chapter 102 283 

administration to be used in determining the eligibility of any 
person to participate in benefits made available 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; provided, however, that in any case where the copy is 
made by a town clerk whose official income is derived in part 
or entirely from fees a charge for services hereunder shall be 
made and the town shall reimburse the clerk for said charges. 
3. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 102. 



AN ACT RELATING TO OBSCENE LITERATURE, PICTURES AND 
ARTICLES. 

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

1. Obscene Matter. Amend chapter 441 of the Revised 
Laws as amended by section 1 of chapter 256 of the Laws of 
1949 by inserting after section 14 the following new section: 
14-a. Evidence of Intent. Whenever any person has in his 
possession any obscene or lewd or lascivious thing, object, 
book, pamphlet, magazine, newspaper, print or picture, such 
possession shall be deemed to be prima facie evidence of the in- 
tent to sell, lend, give or show such article, object, or thing to 
another person. Provided, however, that nothing contained in 
sections 14 and 14-a shall be deemed to restrict the selling, 
lending, giving or showing of books, pictures, objects or things 
of art including medical, scientific, educational and literary 
publications, periodicals, text books, and other related matter 
which are printed, possessed, circulated, displayed or adver- 
tised for the advancement of art, medicine, science, education 
and literature. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



284 Chapter 103 [1951 

CHAPTER 103. 

AN ACT RELATIVE TO THE MILITARY RANK OF THE 
ADJUTANT-GENERAL. 

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

1. Adjutant-Genei-al. Amend section 21 of chapter 143 of 
the Revised Laws, as amended by section 1, chapter 175, Laws 
of 1949, by striking out the words "of brigadier-general" in the 
second hne and inserting in place thereof the words, initially 
of brigadier-general but who after five years' service in that 
rank may be appointed to the rank of major-general, 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 initially of brigadier-general 
but who after five years' service in that rank may be 
appointed to the rank of major-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 remaining four may be 
appointed from officers or ex-oflScers 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. 

2. Period Extended. Amend section 36 of chapter 143 of 
the Revised Laws by inserting after the word "years" in the 
third line the words, except the adjutant-general who shall 
hold office until he shall have reached the age of sixty-five 
years; and further amend said section by inserting after the 
word "unless" in the third line the words, such officers have 
been, so that said section as amended shall read as follows: 
36. Service Period. All officers, including staff oflficers, here- 
after appointed under the provisions of this chapter shall hold 
their positions until they shall have reached the age of sixty- 
four years, except the adjutant-general who shall hold oflfice 
until he shall have reached the age of sixty-five years, unless 
such officers have been retired prior to that time by reason of 
resignation or disability, or for cause to be determined by a 
court-martial legally convened for that purpose. Vacancies 
among staff officers, including officers of the pay, inspection, 



1951] Chapters 104, 105 285 

subsistence and medical departments, shall be filled by appoint- 
ment from the officers of the militia of the state. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 104. 



AN ACT APPROVING THE ACT OF THE GOVERNOR IN SIGNING THE 
INTERSTATE COMPACT FOR CIVIL DEFENSE. 

Whereas, under the provisions of chapter 304 of the Laws 
of 1949 the governor, on behalf of the state, is authorized to 
enter into mutual aid arrangements with other states, and 

Whereas, pursuant to the powers granted to him under the 
above mentioned statute the governor has entered into a 
mutual aid arrangement with other states, now therefore 

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

1. Approval. The act of the governor in signing the Inter- 
state Civil Defense Compact for and in behalf of the state of 
New Hampshire, said compact being deposited with the secre- 
tary of state for the state of New Hampshire and with the 
proper federal authorities, in accordance with the federal civil 
defense act, H. R. 9798 of the 81st Congress, is hereby approved 
and confirmed and said compact is lawful and binding upon this 
state to the extent expressed by its tenns. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 105. 

AN ACT RELATIVE TO THE DUTIES OF THE DIRECTOR OF THE 
DIVISION OF EMPLOYMENT SECURITY. 

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

1. Duties of the Director of the Division of Employment 
Security, Amend section 9, part 18 of chapter 5 of the Laws 



286 Chapter 106 [1951 

of 1950, by striking out the whole of the same and inserting in 
place thereof the following: 9. Duties. The director shall 
be the executive officer of the division of employment security 
and exercise full direction and general supervision thereof ; the 
authority and power of the labor commissioner as provided in 
chapter 211 and chapter 218 of the Revised Laws, as amended, 
are hereby transferred to the director and he is hereby author- 
ized to act in the name or stead of the labor commissioner in 
all matters pertaining thereto. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 106. 



an act relative to investment of funds received from the 
United States. 

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

1. Investment of Funds Received in Eminent Domain Pro- 
ceedings. Amend section 4-a of chapter 160 of the Laws of 
1943 as inserted by section 1 of chapter 91 of the Laws of 1947, 
by inserting after the word "act" in the eleventh line the 
following words: Funds so received shall not be subject to re- 
striction as to investments prescribed in section 7 and may be 
invested in the same manner as trust funds under section 23 
of chapter 51 of the Revised Laws, so that said section as 
amended shall read as follows: 4-a. Funds Received in 
Eminent Domain Proceedings. Any town, school district, 
village district or county which may receive funds from the 
United States or any agency thereof in eminent domain pro- 
ceedings for the taking of its property or other public facilities 
or in settlement for such taking or of claims for damages to its 
property or other public facilities, may vote to use said funds, 
under a proper article in the warrant in the case of a town, 
school district or village district or by vote of the county dele- 
gation in the case of a county, to establish a capital reserve 
fund under this act. Funds so received shall not be subject to 
restriction as to investments prescribed in section 7 and may be 
invested in the same manner as trust funds under section 23 



1951] Chapter 107 287 

of chapter 51 of the Revised Laws. Funds so received may, if 
so voted, be used to retire existing" indebtedness as well as for 
the purposes specified in section 1. In cases in which the United 
States or any agency thereof shall acquire a flowage easement 
in highways or bridges under the jurisdiction of a town, the 
town, if it votes to establish a capital reserve fund out of the 
funds received therefor from the United States or any agency 
thereof, may use such fund not only for capital improvements 
and capital expenditures as provided in section 1, but also for 
the maintenance, repair and reconstruction of the particular 
highways and bridges in which easements have been acquired 
or of such highways and bridges as may be provided in sub- 
stitution therefor. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 107. 



AN ACT PROVIDING FOR RECORDING OF INTERNAL REVENUE 
TAX LIENS. 

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

1. Liens. Amend chapter 264 of the Revised Laws by add- 
ing after section 43 as inserted by chapter 97 of the Laws of 
1945 the following new sections: 44. Liens on Real Estate for 
Internal Revenue Taxes. Notice of liens on real estate for in- 
ternal revenue taxes payable to the United States of America 
and certificates discharging such liens shall be filed in the office 
of the register of deeds of the county or counties within which 
the property subject to such lien is situated. The register of 
deeds shall keep a general index of all liens so filed showing the 
name and residence of the taxpayer named in such notice, the 
date and hour of filing. He shall file and keep all original 
notices so filed in numerical order in a file or files to be desig- 
nated federal tax lien notices. 

45. Recording of Discharge. When a certificate of dis- 
charge of any tax lien, issued by the collector of internal 
revenue or other proper officer, is filed in the office of the 
register of deeds, where the original notice of the lien is filed, 



288 Chapter 108 [1951 

such register of deeds shall enter the same with the date of 
filing in said federal tax lien index on the line where the notice 
of the lien so discharged is entered, and permanently attach 
the original certificate of discharge to the original notice of the 
lien. 

46. Liens on Chattels for Internal Revenue Taxes. Notice 
of liens on chattels for internal revenue taxes payable to the 
United States of America and certificates discharging such 
liens may be filed in the office of the clerk of the town in 
which the taxpayer resides, if the taxpayer resides in the state, 
or in the town in which the property is located if the taxpayer 
resides out of the state. The clerk shall keep a general index of 
all liens so filed showing the name and residence of the tax- 
payer named in such notice, the date and hour of filing. He 
shall file and keep all original notices so filed in numerical order 
in a file or files to be designated federal tax lien notices. 

47. Recording of Discharge. When a certificate of dis- 
charge of any tax lien, issued by the collector of internal 
revenue or other proper officer, is filed in the office of the clerk 
where the original notice of the lien is filed, such clerk shall 
enter the same with the date of filing in said federal tax lien 
index on the line where the notice of the lien so discharged is 
entered, and permanently attach the original certificate of dis- 
charge to the original notice of the lien. 

48. Fees. The register of deeds and clerk shall be entitled 
to a fee of one dollar fifty cents for the entry and recording of 
each of such notices of tax liens and fifty cents for the entry 
and recording of the discharge thereof. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 108. 

AN ACT RELATIVE TO CONDUCT OF ELECTIONS IN TOWNS. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Towns. Amend section 36 of chapter 34 of the Revised 

Laws as amended by section 1, chapter 186, Laws of 1947, by 

striking out said section and inserting in place thereof the 



1951] Chapter 109 289 

following: 36. Time Polls Open and Close. At all biennial 
elections and primaries in towns the population of which is less 
than seven hundred according to the last federal census, the 
polls shall be open not less than five consecutive hours, and so 
much longer as shall be necessary to afford every voter present 
and desiring to vote an opportunity to do so, and until the 
voters present shall vote to close the polls, provided that upon 
written request signed by seven registered voters of the town 
and delivered on or before the Saturday previous to the bien- 
nial elections or primaries into the hands of the selectmen for 
biennial elections and to the town clerk for primaries the afore- 
said polls shall be kept open until six o'clock in the evening; and 
provided further whenever in towns having less than one hun- 
dred population the names of those who have voted plus the 
absentee ballots received at the polls equals the number of all 
the names on the check-list, the meeting may vote to close the 
polls forthwith. In all other towns the polls shall be open not 
later than ten o'clock in the forenoon and shall be closed not 
earlier than six o'clock in the evening. In all towns the select- 
men, in the warrants for the biennial elections, and the town 
clerk, in the notices for primaries, shall prescribe and post the 
hour the polls are to open and the hour before which the polls 
may not close as provided by this section. The meeting may 
vote to keep the polls open to a later hour but may not vote to 
close the polls at an earlier hour than that so prescribed by the 
selectmen or town clerk, except as otherwise herein provided. 
2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 109. 



AN ACT RELATIVE TO MANNER OF TAKING DEER IN CERTAIN 
TOWNS. 

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

1. Wild Deer. Amend section 4 of chapter 242 of the Re- 
vised Laws as amended by chapter 135 of the Laws of 1943, 
chapters 31 and 69 of the Laws of 1945, chapters 32, 46 and 
101 of the Laws of 1947 and section 4-a as inserted by chapter 



290 Chapter 110 [1951 

222 of the Laws of 1947 by striking out said sections and in- 
serting in place thereof the following: 4. Shotguns. Wild 
deer shall not be taken by the use of any firearm, other than a 
shotgun loaded with a single ball or loose buckshot, or bow 
and arrow, in the towns of the following counties as follows : 

Belknap County : Laconia. 

Hillsborough County: Amherst; Bedford; Brookline; 
Goffstown; Hollis; Hudson; Litchfield; Manchester; Merri- 
mack; Milford; Nashua; Pelham. 

Merrimack County : Concord ; Hooksett — that part lying 
from the town line of Allenstown, on the westerly side of U. S. 
No. 3, to a point where the old Portsmouth Railroad crosses said 
highway, thence south of said Railroad to the town line of 
Candia; Pembroke — that part lying westerly of the following 
line : Starting at the Concord town line at Red Bridge on Sheep 
Davis road, south to Burrough road, thence easterly on Bur- 
rough road to Fourth Range road, thence southerly on Fourth 
Range road to N. H. Rt. 28, thence southwesterly on Rt. 28 to 
the Allenstown town line. 

Rockingham County: Atkinson; Brentwood; Chester; 
Danville ; Derry ; East Kingston ; Exeter ; Fremont ; Greenland ; 
Hampstead ; Hampton ; Hampton Falls ; Kensington ; Kingston ; 
Londonderry ; New Castle ; Newfields ; Newington ; Newmarket ; 
Newton ; North Hampton ; Plaistow ; Portsmouth ; Rye ; Salem ; 
Sandown; Seabrook; South Hampton; Stratham; Windham. 

2. Takes Effect. This act shall take eff'ect upon its passage. 
[Approved May 11, 1951.] 



CHAPTER 110. 



AN ACT RELATING TO THE REGISTRATION FEE FOR PRIVATE 
NON-COMMERCIAL LANDING AREAS. 

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

1. Aeronautics. Amend paragraph VI, section 29 of 
chapter 306 of the Revised Laws by striking out said paragraph 
and inserting in place thereof the following: VL For each 
private landing area, ten dollars, provided that if said area is 



1951] ' Chapters 111, 112 291 

used exclusively for non-commercial purposes no fee shall be 
collected for registration certificate. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 15, 1951.] 



CHAPTER 111. 

AN ACT RELATIVE TO THE TAXATION OF NATURAL GAS PIPE LINES. 

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

1. Electric Plants and Pipe Lines. Amend section 9 of 
chapter 73 of the Pie vised Laws by adding after the word 
"transporting" in the fifth line of said section the words, 
natural gas, so that said section as amended shall read as 
follows: 9. Electric Plants and Pipe Lines. Lands, dams, 
canals, water power, pipe lines, buildings, structures, machin- 
ery, dynamos, apparatus, poles, wires, fixtures of all kinds and 
descriptions owned, operated and employed by any one other 
than municipal corporation in generating, producing, supplying 
and distributing electric power or light, or in transporting 
natural gas, crude petroleum and refined petroleum products 
or combinations thereof, shall be taxed as real estate in the 
town in which said property or any part of it is situated. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 15, 1951.] 



CHAPTER 112. 



AN ACT RELATING TO FINE AND IMPRISONMENT IN OFFENSES 
AGAINST THE POLICE OF TOWNS. 

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

1. Fine. Amend section 21 of chapter 440 of the Revised 
Laws by striking out the word "ten" in the second line and 
inserting in place thereof the word, twenty -five, and by adding 
at the end thereof the words, or both, so that said section as 



292 Chapters 113, 114 [1951 

amended shall read as follows : 21. Penalty. A person con- 
victed of any offense mentioned in the preceding sections shall 
be fined not more than twenty-five dollars, or imprisoned not 
more than six months, or both. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 15, 1951.] 



CHAPTER 113. 

AN ACT REGULATING SCHOOL BUSSES. 

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

1. School Busses. Amend chapter 119 of the Revised 
Laws by inserting after section 19 the following new section : 
19-a. Regulations. The commissioner of motor vehicles 
shall prescribe and enforce all needful rules and regulations to 
govern the design and operation of all school busses used for 
the transportation of school children when owned and operated 
by any school district, publicly or privately owned, or operated 
while under contract in this state. 

2. Takes Effect. This act shall take effect upon its passage, 
[Approved May 15, 1951.] 



CHAPTER 114. 

AN ACT RELATIVE TO TOWN AND CITY HEALTH OFFICERS. 

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

1. Payment of Expenses. Amend chapter 59 of the Re- 
vised Laws by inserting after section 9 the following new 
section: 10. City and Town Health Officers Association. 

Town and city health officers shall be entitled to receive the 
actual expenses incurred by them in attending the yearly meet- 
ing of the New Hampshire Health Oflficers Association, the 



1951] Chapters 115, 116 293 

same to be audited by the selectmen of towns and the finance 
committee of cities respectively and paid out of the town or 
city treasury. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 15, 1951.] 



CHAPTER 115. 



AN ACT RELATIVE TO A CERTAIN ROAD AND BRIDGE IN THE TOWN 
OF THORNTON. 

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

1. State Secondary Highway System. On and after the 
passage of this act the road and bridge over the Pemigewasset 
river in the town of Thornton connecting Route 3 with the 
road from Campton village to Woodstock shall, after it shall 
have been placed in good repair for presently established load 
limits by the department of public works and highways, be 
classified as Class V. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 15, 1951.] 



CHAPTER 116. 



AN ACT RELATIVE TO TAKING FISH FROM LAKES, PONDS AND 
RIVERS 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 after section 32-a as inserted by chapter 69 
of the Laws of 1949 the following new sections : 32-b. Fish- 
ing in Connecticut River. If the laws of the state of Vermont 
permit fishing in that part of the Connecticut river lying 
within that state by persons licensed or otherwise entitled 
under the laws of this state, to fish in that part of said river 
lying within this state, persons licensed or otherwise entitled 



294 Chapter 117 [1951 

under the laws of Vermont to fish in said part of the Connecti- 
cut river lying within the state of Vermont shall be permitted 
to fish in that part of the Connecticut river lying- within this 
state. If the above reciprocal laws are in effect as to that part 
of the Connecticut river lying within the states of New Hamp- 
shire and Vermont the director is authorized to make special 
rules and regulations as to fishing therein, after consultation 
with the like officer of the state of Vermont, in the same 
manner and with the same efltect as he is authorized to do with 
respect to boundary lakes under the provisions of section 32-a. 
32-c. Penalties. Any person who violates any of the 
provisions of sections 32-a or 32-b or special rules and regula- 
tions made thereunder shall be fined not more than ten dollars 
and not more than five dollars for each fish taken or possessed 
in violation thereof. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 16, 1951.] 



CHAPTER 117. 



AN ACT RELATIVE TO REIMBURSEMENT BY MUNICIPALITIES OF 
EXPENSE OF AUDIT BY STATE TAX COMMISSION. 

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

1. Municipalities. Amend section 28 of chapter 82 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 28. Expenses of Audit. All 
expenses incurred in conducting an audit shall be paid in the 
first instance from the appropriation for the commission, but 
each county, city, town, school district, village district or pre- 
cinct shall, upon notification by the commission of the amount 
due, reimburse it for such expenses as follows : 

I. Each county and city shall make reimbursement for 
all such expenses including salaries of members of the division 
for such time as said members have spent in said audit. 

II. Each town, school district, village district or precinct 
having an equalized valuation of one million five hundred thou- 
sand dollars or more, shall make reimbursement as provided in 
paragraph I. 



1951] Chapter 118 295 

III, * Each town, school district, village district or precinct 
having an equalized valuation of less than one million live 
hundred thousand dollars shall make reimbursement for all ex- 
penses incurred in the audit including one-half of the salaries 
of members of the division for such time as said members have 
spent in said audit. Provided, however, that in special cases 
where reimbursement under paragraphs II and III would result 
in hardship or in case of unusual circumstances the commission 
is authorized to make such adjustment of said payments as it 
may deem to be for the best interests of the municipality con- 
cerned. Said reimbursements shall be credited to the appro- 
priation for the commission. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 17, 1951.] 



CHAPTER 118. 

AN ACT RELATING TO DUTIES OF THE DIRECTOR OF ACCOUNTS. 

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

1. Director of Accounts. Amend subsection V of section 7 
of chapter 23-A of the Revised Laws as inserted by section 1 
of part 6 of chapter 5 of Laws of 1950 by striking out the last 
clause thereof, so that the subsection as amended shall read as 
follows: V. Recommend to the governor and council appro- 
priate quarterly allotments, for each department or agency of 
the state, for the proper operation of the budget; 

2. Auditing. Amend subsection VII of section 12 of chap- 
ter 23-A of the Revised Laws as inserted by section 1 of part 6 
of chapter 5 of Laws of 1950, by striking out said subsection 
and inserting in place thereof the following : VII. Pre-audit 
all claims to be presented for the issuance of warrants and 
certify to the governor and council that such are just and 
proper claims against the state and within the appropriations 
provided by statute ; before such certification for payment the 
director of accounts shall require documentary evidence of the 
debt in a form sufficient to show that the agency or individuals 
responsible for contracting the debt (a) had the authority for 



296 Chapter 119 [1951 

so doing", (b) had knowledge of the amounts due, except that 
payments for payroll may be certified for one payroll period in 
advance, (c) possessed the authority for the approval of the 
invoice, and (d) in reg-ard to payments for capital improve- 
ments had knowledge of the work actually completed ; 

3. Warrants. Amend subsection IX of section 12 of 
chapter 23-A of the Revised Laws as inserted by section 1 of 
part 6 of chapter 5 of Laws of 1950 by striking out said sub- 
section and inserting in place thereof the following: IX. 
Prepare appropriate warrants, and schedules of pre-audited 
manifests supporting the same, for the consideration of and 
execution by the governor with the advice and consent of the 
council. 

4. Takes Effect. This act shall take effect June 30, 1951. 
[Approved May 17, 1951.] 



CHAPTER 119. 



AN ACT RELATIVE TO PROHIBITED EQUIPMENT WHILE HUNTING 
WILD BIRDS AND WILD ANIMALS. 

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

1. Prohibition. Amend Revised Laws, chapter 242. sec- 
tion 6, as amended by Laws of 1947, chapter 161, by striking 
out in the twelfth line the word "game" and substituting the 
words, wild animals, and in line thirteen, after "22 cal." add, 
rimfire, so said section shall read as follows: 6. Possession 
of Jacks, etc. No person shall have in his possession any jack 
or artificial light, swivel, pivot or set gun while hunting wild 
birds or wild animals, including unprotected birds and wild 
animals on which a bounty may be paid. Any person convicted 
of illegal night hunting shall forfeit such firearms, jacks, or 
any other equipment used or usable in the illegal night hunting 
at the time of such violation, including any vehicle in which 
the same is being transported. The deliberate use of an 
artificial light between one-half hour after sunset and one-half 
hour before sunrise to illuminate, jack, or to show up wild 
animals by a person having in his possession a rifle larger than 



1951] Chapter 120 297 

a 22 cal. rimfire or shotg-un with shot larger than No. 4, either 
in the gun, on the person, or in an automobile, boat, airplane 
or other craft propelled by mechanical power, shall be sufficient 
evidence of illegal night hunting. Nothing herein contained 
shall be construed to prohibit the use of lights for hunting 
raccoon as permitted in section 3, chapter 244. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 17, 1951.] 



CHAPTER 120. 

AN ACT RELATIVE TO EXAMINATIONS FOR PUBLIC ACCOUNTING. 

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

1. Public Accountancy. Amend section 4 of chapter 320 
of the Revised Laws by adding at the end thereof the words : 
Any person who meets the requirements for a certificate ex- 
cept the requirement for experience shall be entitled to be ex- 
amined, so that said section as amended shall read as follows : 
4. Examinations. All examinations shall be conducted by the 
board. The examinations shall take place as often as may be 
necessary in the opinion of the board but not less frequently 
than once each year. The time and place of holding exami- 
nations shall be designated by the board. A candidate who 
shall have passed a satisfactory examination in all but one of 
the subjects given by the board for examinations may be re- 
examined in that subject only, at subsequent examinations 
held By the board, and if he passes in that subject, he shall be 
considered to have passed the examination. Nothing herein 
shall be construed as prohibiting the re-examination in all sub- 
jects of a candidate who has failed in a prior examination. Any 
person who meets the requirements for a certificate except the 
requirement for experience shall be entitled to be examined. 

2. Takes Effect. This act shall take effect as of July 1, 
1951. 

[Approved May 17, 1951.] 



298 Chapter 121 [1951 

CHAPTER 121. 

AN ACT RELATIVE TO MILITARY LEAVE FOR STATE AND 
MUNICIPAL EMPLOYEES. 

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

1. State Employees. Amend section 20-a of chapter 27 of 
the Revised Laws, as inserted by chapter 109 of the Laws of 
1947, by striking out said section and inserting in place thereof 
the following : 20-a. Military Leave. Any regular employee 
of the state of New Hampshire who is a member of any re- 
serve component of the armed forces of the United States or of 
this state, shall, upon request, be entitled to not more than 
fifteen consecutive calendar days leave of absence with pay in 
any one twelve months' period, for the purpose of engaging in 
military drill, training, or other temporary duty under military 
or naval authority. 

2. Municipal Employees. Amend chapter 27 of the Re- 
vised Laws by inserting after section 20-a the following new 
sections : 21. Military Leave. All political subdivisions of the 
state are hereby empowered and authorized to grant an annual 
military leave, with or without pay or with partial pay, to em- 
ployees of such political subdivisions, in conformity with the 
provisions of section 20-a. 

22. Duties of Adjutant General. The adjutant general 
of the state of New Hampshire is hereby authorized and 
directed to encourage private employers, in the interests of 
national defense and the military security of this state, to 
grant military leave privileges to their employees comparable 
to the military leave privileges established and authorized for 
public employees by the provisions of sections 20-a and 21 of 
this chapter. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved May 24, 1951.] 



1951] Chapters 122, 123 299 

CHAPTER 122. 

an act relative to the bonding of officials of the 
University of New Hampshire. 

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

1. University Treasurer's Bond. Amend section 10 of 
chapter 222 of the Revised Laws by adding at the end thereof 
the following words: The trustees shall in their discretion 
require a bond for any other persons employed by or admin- 
istering the affairs of the University of New Hampshire. Said 
trustees shall determine the amount and sufficiency of the 
surety of said treasurer's bond or any other bonds required 
under this section, and the provisions of section 7 of part 24 
of chapter 5 of the Laws of 1950 shall not apply to said bonds, 
so that said section as amended shall read as follows: 10. 
Secretary; Treasurer. They shall choose a secretary, who 
shall be sworn and shall keep a record of their proceedings, 
and a treasurer, who shall give a bond satisfactory to 
the trustees for the faithful discharge of his duties. The 
treasurer shall receive such compensation as the trustees 
may determine. The trustees shall in their discretion require 
a bond for any other persons employed by or administering 
the affairs of the University of New Hampshire. Said trustees 
shall determine the amount and sufficiency of the surety of 
said treasurer's bond or any other bonds required under this 
section, and the provisions of section 7 of part 24 of chapter 5 
of the Laws of 1950 shall not apply to said bonds. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 24, 1951.] 



CHAPTER 123. 



AN ACT TO regulate THE PRACTICES OF PROFESSIONAL 

engineering. 

Be it eTiacted by the Senate and House of Repi'csentatives in 
General Court convened: 

1. Professional Engineering. Amend chapter 170 of the 
Laws of 1945 by renumbering section 1 to read 1-a and by in- 
serting a new section 1 as follows: 1. General Pro'sisions. 



300 Chapter 123 [1951 

In order to safeguard life, health and property and to promote 
the public welfare, any person in either public or private 
capacity practicing or offering to practice professional en- 
gineering shall hereafter be required to submit evidence that 
he is quahfied so to practice and shall be registered as herein- 
after provided; and it shall be unlavirful for any person to 
practice or to offer to practice in this state professional en- 
gineering as defined in the provisions of this act or to use in 
connection with his name or otherwise assume, use, or 
advertise any title or description tending to convey the im- 
pression that he is a professional engineer unless such person 
has been duly registered under the provisions of this act. 

2. Application Fee. Amend section 17 of chapter 170 of 
the Laws of 1945 by adding at the end thereof the following 
words : Should the board deny the issuance of a certificate of 
registration to any applicant the initial fee deposited shall be 
retained as an application fee, so that said section as amended 
shall read as follows: 17. Applications and Registration 
Fees. Applications for registration shall be on forms pre- 
scribed and furnished by the board, shall contain statements 
made under oath, showing the applicant's education and detail 
summary of his technical work, and shall contain not less than 
five references, of whom three or more shall be engineers hav- 
ing personal knowledge of his engineering experience. The 
registration fee for professional engineers shall be twenty-five 
dollars, fifteen dollars of which shall accompany application, 
the remaining ten dollars to be paid upon issuance of cer- 
tificate. Application to take the examination in fundamental 
engineering subjects prior to completion of the requisite years 
of experience in engineering work shall be accompanied by a 
fee of seven dollars and fifty cents. This amount shall be 
credited against the total fee required for registration as a 
professional engineer. When a certificate of qualification 
issued by the National Bureau of Engineering Registration is 
accepted as evidence of qualification, the total fee for regis- 
tration as professional engineer shall be ten dollars. Should 
the board deny the issuance" of a certificate of registration to 
any applicant the initial fee deposited shall be retained as an 
application fee. 

3. Fees. Amend section 20 of chapter 170 of the Laws of 
1945 by striking out the words "one dollar" in the tenth line 



1951] Chapter 123 301 

and inserting in place thereof the words, two dollars, so that 
said section as amended shall read as follows: 20. Ex- 
pirations and Renewals. Certificates of registration shall ex- 
pire each year on June thirtieth and shall become invalid on 
that date unless renewed. It shall be the duty of the secretary 
of the board to notify every person registered under this act, 
of the date of the expiration of his certificate and the amount 
of the fee that shall be required for its renewal for one year ; 
such notice shall be mailed at least one month in advance of 
the date of the expiration of said certificate. Renewal may be 
effected at any time during the month of July by the payment 
of a fee of two dollars. The failure on the part of any registrant 
to renew his certificate annually in the month of July as re- 
quired above shall not deprive such person of the right of re- 
newal, but the fee to be paid for the renewal of a certificate 
after the month of July shall be increased ten per cent for each 
month or fraction of a month that payment renewal is de- 
layed; provided, however, that the maximum fee for delayed 
renewal shall not exceed twice the normal renewal fee. 

4. Violations. Amend section 27 of said chapter 170 by 
striking out said section and inserting in place thereof the 
following: 27. Violations and Penalties. Any person who 
shall practice or offer to practice professional engineering in 
this state under the title of professional engineer without be- 
ing registered in accordance with the provisions of this act, 
or any person presenting or attempting to use as his own the 
certificate of registration or the seal of another, or any person 
who shall give any false or forged evidence of any kind to the 
board or to any member thereof in obtaining a certificate of 
registration, or any person who shall falsely impersonate any 
other registrant of like or different name, or any person who 
shall attempt to use an expired or revoked certificate of 
registration, or any person who shall violate any of the pro- 
visions of this act, shall be guilty of a misdemeanor, and shall, 
upon conviction, be sentenced to pay a fine of not less than one 
hundred dollars nor more than five hundred dollars. 

5, Application of Act. Amend chapter 170 of the Laws of 
1945 by inserting after section 27 the following new section: 
27-a. Exemptions. This act shall not be construed to pre- 
vent or to affect: I. The practice of any other recognized 
profession or trade; or 



302 Chapter 123 [1951 

II. The practice of a person not a resident of and having 
no established place of business in this state, practicing or 
offering to practice herein the profession of engineering, when 
such practice does not exceed in the aggregate more than thirty 
days in any calendar year; provided such person is legally 
qualified by registration to practice the said profession in his 
own state or country in which the requirements and qualifi- 
cations for obtaining a certificate of registration are not lower 
than those specified in this act; 

III. The practice of a person not a resident of and having 
no established place of business in this state, or who has re- 
cently become a resident thereof, practicing or ofl'ering to 
practice professional engineering herein for more than thirty 
days in any calendar year, if he shall have filed with the board 
an application for a certificate of registration and shall have 
paid the fee required by this act ; provided that such a person 
is legally qualified by registration to practice professional en- 
gineering in his own state or country in which the require- 
ments and qualifications for obtaining a certificate of registra- 
tion are not lower than those specified in this act. Such 
practice shall continue only for such time as the board requires 
for the consideration of the application for registration; or 

IV. The work of an employee or a subordinate of a per- 
son holding a certificate of registration under this act, or an 
employee of a person practicing lawfully under paragraphs II 
or III of this section ; provided such work does not include final 
designs or decisions and is done under the direct responsibility, 
checking, and supervision of a person holding a certificate of 
registration under this act or a person practicing lawfully 
under paragraphs II or III of this section ; or 

V. The practice of oflficers and employees of the govern- 
ment of the United States while engaged within this state in 
the practice of professional engineering, for said govern- 
ment; or 

VI. The practice of professional engineering, solely as an 
officer or an employee of a corporation engaged in interstate 
commerce; or 

VII. The practice of architecture by a duly registered 
architect, and the doing of such engineering work as is in- 
cidental to his architectural work; or 



1951] Chapter 124 303 

VIII. The practice of professional engineering by any 
person or by any employee of any copartnership, association or 
corporation, upon property owned by such person or such co- 
partnership, association or corporation unless such practice 
affects the public welfare, or the safeguarding of life or health 
or the property of some other person, 

6. Act Made Mandatory. The provisions of section 29 of 
chapter 170 of the Laws of 1945 which refer to the chapter as 
being permissive only are hereby repealed. 

7. Takes Effect. This act shall take effect as of January 1, 
1952. 

[Approved May 24, 1951.] 



CHAPTER 124. 

AN ACT RELATING TO PAYMENT OF WAGES. 

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

1. Payment of Wages. Amend section 14 of chapter 212 
of the Revised Laws by striking out all of said section and in- 
serting in place thereof the following: 14. Weekly. Every 
person, firm or corporation engaged in the operation of a manu- 
facturing, mechanical or mercantile establishment, hotels and 
restaurants, or in mining, quarrying, stonecutting or granite 
cutting, or in cutting, harvesting and driving pulpwood and 
timber, or in a railroad, telegraph, telephone, express or 
aqueduct business, or in the erection, alteration, repair, or re- 
moval of any building or structure or in the construction or 
repair of any railroad, road, bridge, sewer, gas, water, or 
electric light works, pipes, or lines and every municipal corpo- 
ration, shall pay the wages earned each week by employees 
who work by the day or week, within eight days, including 
Sunday, after the expiration of the week. Every such person, 
firm or corporation shall keep conspicuously posted in the office 
of the establishment or enterprise a notice on a form provided 
by the commissioner of labor that wages will be so paid. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



304 Chapters 125, 126 [1951 

CHAPTER 125. 

AN ACT FORBIDDING EMPLOYERS TO CHARGE INDIVIDUALS A FEE 

FOR A MEDICAL EXAMINATION, AS A CONDITION OF 

EMPLOYMENT SUBJECT TO CERTAIN 

RESTRICTIONS. 

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

1. Prohibition. It shall be unlawful for any employer, as 
defined in section 2, to require any employee or applicant for 
employment to pay the cost of a medical examination or the 
cost of furnishing any records required by the employer as a 
condition of employment. 

2. Definitions. I. The term "employer" as used in this 
act shall mean and include an individual, a partnership, an 
association, a corporation, a legal representative, trustee, re- 
ceiver, trustee in bankruptcy, and any common carrier by rail, 
motor, water, air or express company doing business in or 
operating within the state. 

II. The term "employee" shall mean and include every 
person who may be permitted, required or directed by any em- 
ployer, in consideration of direct or indirect gain or profit, to 
engage in any employment. 

3. Penalty. Any employer who violates the provisions 
hereof shall be fined not more than one hundred dollars for 
each and every violation. It shall be the duty of the commis- 
sioner of labor to enforce the provisions hereof. 

4. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 126. 

AN ACT RELATING TO POWERS OF THE HIGHWAY COMMISSIONER. 

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

1. Powers of Highway Commissioner. Amend section 7 of 
part 10 of chapter 90 of the Revised Laws as inserted by 
chapter 188, Laws of 1945, by striking out said section and 



1951] Chapter 127 305 

inserting in place thereof the following: 7. Powers. The 
liighway commissioner shall exercise general supervision, 
control and direction, on behalf of the state, over all matters 
pertaining to the location, route, alteration, construction, re- 
construction, maintenance and discontinuance of highways 
constructed or maintained wholly or in part by money appro- 
priated from the state treasury, including (a) the method and 
type of construction and kind and quality of materials to be 
used; (b) the manner in which such highways shall be main- 
tained; (c) the designation of certain portions of such high- 
ways for one-way traffic, upon which vehicles shall proceed in 
one direction only; (d) the designation of certain portions of 
such highways from which trucks in excess of a gross weight 
of twelve thousand pounds shall be excluded, provided, that no 
such designation shall prevent business operations in con- 
nection with stores, factories or any other business or in- 
dustrial establishments, enterprises or warehouses along said 
highways; (e) the purchase, planting and maintenance of trees 
and shrubs for shade, landscaping or prevention of soil 
erosion; and (f) the location, construction and maintenance of 
roadside parks. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 127. 



AN ACT RELATIVE TO AGE REQUIREMENTS FOR THE PRACTICE OF 
NURSING. 

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

1. The Practice of Nursing. Amend section 6 of chapter 
257 of the Revised Laws as inserted by chapter 285 of the 
Laws of 1947, by striking out the word "twenty-one" in the 
second line and inserting in place thereof, twenty, so that said 
section as amended shall read as follows: 6. Registration. 
Any person of good moral character over twenty years of 
age who is a citizen of the United States or who has legally 
declared his intention of becoming one or who is a citizen of 
a Canadian province, who holds a diploma from a state 



306 Chapter 128 [1951 

accredited school of nursing giving a course of at least three 
years or its equivalent in a university or college of nursing, 
affiliated with an institution or institutions approved by the 
board of nurse examiners as maintaining in this and other re- 
spects adequate standards, all of which shall be determined by 
the said board, and who shall have received from the board a 
certificate of qualification to practice as a registered nurse, 
shall be styled and known as a registered nurse and no other 
person shall assume such title or use the abbreviation R, N. 
or any other words, letters, or figures to indicate that the per- 
son using the same is a registered nurse. 

2. Takes Effect. This act shall take eflfect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 128. 

AN ACT RELATIVE TO ALLEGATIONS IN DIVORCE PROCEEDINGS. 

Be it enacted hy the Senate and House of Rep7-esentatives in 
General Court convened: 

1. Divorce. Amend section 34 of chapter 339 of the Re- 
vised Laws, as inserted by chapter 145, Laws of 1949, by 
striking out after the words "accused of" the word "mis- 
conduct" and inserting in place thereof the word, adultery; 
further amend the section by striking out after the words 
"been convicted of" the words "such misconduct" and insert- 
ing in place thereof the word, adultery ; so that said section as 
amended shall read as follows: 34. Third Parties. Any 
person not a party to the proceedings who is accused of 
adultery 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 adultery with the libelee as charged in said libel 
or petition. Such third party, wherever he may reside, shall 
have the right to appear and be heard in said proceedings. 

2. Takes Eflfect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



1951] Chapters 129, 130 307 

CHAPTER 129. 

an act relative to clerk hire in the office of the 
Hillsborough county sheriff. 

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

1. Hillsborough County Sheriff's Office. Amend section 
28-a of chapter 380 of the Revised Laws as inserted by chap- 
ter 118 of the Laws of 1945 and as amended by section 1, 
chapter 171, Laws of 1947, by striking out said section and 
inserting in place thereof the following: 28-a. Clerk Hire. 
The sheriff of Hillsborough county shall employ such clerk 
hire as he deems necessary. The salaries of said clerk or 
clerks shall be paid by the county, provided, however, that the 
amount of salaries so paid shall not exceed the amount appro- 
priated by the county delegation for said clerk hire. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 130. 



AN act relative TO ISSUANCE OF FISH AND GAME LICENSES TO 
blind PERSONS. 

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

1. Fishing and Hunting Licenses. Amend section 2 of 
chapter 247 of the Revised Laws, as amended by chapter 163, 
Laws of 1947, by striking out the words "and to blind persons" 
in the eighth line and inserting in place thereof the words: 
Fishing licenses may be issued, without charge, to resident 
blind persons but no hunting licenses shall be issued to blind 
persons, so that said section as amended shall read as follows : 
2. Exceptions. The provisions of the foregoing section shall 
not apply to resident owners of farm lands and their minor 
children while upon their own land, to persons fishing in ponds 
operated and maintained by a duly licensed fish or game 
breeder, to children under sixteen years of age while fishing, 



308 Chapter 131 [1951 

to resident children under sixteen years of age while hunting 
when accompanied by a licensee twenty-one years of age or 
over. Fishing licenses may be issued, without charge, to 
resident blind persons but no hunting licenses shall be issued 
to blind persons. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 131. 

AN ACT RELATIVE TO POSSESSION OF WILD DEER. 

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

1. Wild Deer. Amend section 7 of chapter 242 of the Re- 
vised Laws, as amended by chapter 143, Laws of 1943, by 
striking out said section and inserting in place thereof the 
following: 7. Possession. Wild deer, or any part of the 
carcass thereof, lawfully taken may be possessed until 
February first next following the date when taken, and not 
otherwise except as provided herein for frozen meat and as 
otherwise permitted by the director. Any part of the carcass 
of wild deer solidly frozen may be possessed during the closed 
season on deer in a freezer locker. Possession of wild deer or 
any part of the carcass thereof otherwise than as permitted in 
this section or by special permission of the director shall be 
prima facie evidence that the same was unlawfully taken. A 
person may bring into and possess in this state deer lawfully 
taken in another state, provided such person shall obtain from 
the director within ten days after bringing such deer into this 
state a permit to possess such deer. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



1951] Chapter 132 309 

CHAPTER 132. 

AN ACT RELATIVE TO SERVICE EXEMPTIONS FOR VETERANS. 

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

1. Korean Conflict. Amend section 29, chapter 73 of the 
Revised Laws, as amended by chapter 174, Laws of 1943, by 
chapter 4, Laws of 1944, by chapter 240, Laws of 1947, and by 
section 1, chapter 167, Laws of 1949, 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 Rebellion, World 
War I, World War II or Korean Conflict, as hereinafter de- 
fined, who have been discharged or separated therefrom under 
conditions other than dishonorable, 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. 

(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 November 
11, 1918 extended to April 1, 1920 for service in Russia, pro- 
vided 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. 



310 Chapters 133, 134 [1951 

(5) "World War 11" between December 7, 1941 and De- 
cember 31, 1946. 

(6) "Korean Conflict" between June 25, 1950 and the 
cessation of hostilities. 

2. Takes Effect. This act shall take effect as of April 1, 
1951. 
[Approved May 29, 1951.] 



CHAPTER 133. 



AN ACT RELATING TO MEMBERSHIP OF COMMITTEE TO MAKE 
RULES AND FORMS OF THE PROBATE COURTS. 

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

1. Probate Forms. Amend section 11 of chapter 347 of the 
Revised Laws by striking out the word "three" in the second 
line and inserting in its place the word, two; further amend 
the section by striking out the word "two" in the third line 
and inserting in its place the word, one, so that said section 
as amended shall read as follows: 11. Revision, etc. Upon 
the request in writing of a majority of the judges, the gover- 
nor shall appoint a committee consisting of two judges and 
one register of probate to revise or add to said blanks and 
rules. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 134. 

AN ACT ABOLISHING TRIAL JUSTICE COURTS. 

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

1. Repeal. Sections 5 and 6 of chapter 377 of the Revised 
Laws providing for the appointment of trial justices and de- 
fining their jurisdiction, are hereby repealed. 



1951J Chapter 135 311 

2. Pending Actions, Records. Any cause or proceeding 
now pending before a trial justice may be transferred to any 
municipal court having jurisdiction thereof to be heard and 
tried as if originally commenced therein. Any criminal cause 
shall be transferred forthwith and any civil action within 
twenty days, otherwise such cause or action shall abate. All 
records of the trial justices shall be filed with the secretary of 
state. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 135. 

AN ACT RELATIVE TO TOWN MANAGER PLAN. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Method of Revocation of Plan. Amend section 15 of 
chapter 55 of the Revised Laws, as inserted by chapter 20, 
Laws of 1947 by striking out the last sentence of said section 
and inserting in place thereof the following: In voting on the 
question of revoking the provisions of this chapter in any 
town, village district or precinct pursuant to section 13 hereof, 
the balloting procedure prescribed by this section shall govern, 
except that the question appearing on the printed ballot shall 
be substantially as follows: "Do you favor the continuation 
of the town manager plan as now in force in this town?" If 
a majority of the voters present and voting in a town, village 
district or precinct on this question signifies disapproval of this 
question the town manager plan will be deemed to be revoked 
therein, so that said section as amended shall read as follows: 
15. ]^llot Vote. Whenever an article has been inserted in 
the warrant for the annual meeting of any town, village dis- 
trict or precinct, calling for consideration of the question of 
adopting the provisions of this chapter, the clerk shall cause 
to be prepared in advance of such meeting a printed ballot 
containing a question substantially as follows : "Do you favor 
adoption of the town manager plan as provided in chapter 55, 
Revised Laws?" followed by the words "Yes" and "No" with 
boxes after each, in which the voter may mark his choice. 



312 Chapter 136 [1951 

Such ballot shall be used at all meeting's voting on such 
question pursuant to sections 11 and 14 hereof. The polls 
shall remain open for at least three hours at any meeting 
balloting on such question. In voting on the question of re- 
voking the provisions of this chapter in any town, village dis- 
trict or precinct pursuant to section 13 hereof, the balloting 
procedure prescribed by this section shall govern, except that 
the question appearing on the printed ballot shall be sub- 
stantially as follows: "Do you favor the continuation of the 
town manager plan as now in force in this town?" If a 
majority of the voters present and voting in a town, village 
district or precinct on this question signifies disapproval of 
this question the town manager plan will be deemed to be 
revoked therein. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



CHAPTER 136. 

AN ACT RELATIVE TO PAROLE OF PRISONERS, 

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

1. Parole of Prisoners. Amend section 36 of chapter 429 
of the Revised Laws by striking out said section and inserting 
in place thereof the following: 36. Effect of Recommittal. 
A prisoner so recommitted may, at any time before the ex- 
piration of the remainder of his maximum sentence, be again 
paroled upon such terms and conditions as the parole board 
shall prescribe. If not so paroled, a prisoner so recommitted 
shall serve the remainder of his maximum sentence, and in 
computing the period of his confinement the time between his 
release upon permit and the revocation of his permit for parole 
shall not be considered as any part of the term, except that 
the time between the return of the parolee to prison after his 
arrest and revocation of the permit shall be considered as a 
part of the time which the parolee is to serve for violation of 
parole. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved May 29, 1951.] 



1951] Chapter 137 313 

CHAPTER 137. 

AN ACT RELATING TO AUCTIONS OF JEWELRY. 

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

1. Auctions. Amend section 1, chapter 173, Revised Laws, 
by striking out said section and inserting- in place thereof the 
following : 1. License. No person shall conduct or maintain 
an establishment where any gold, silver or plated ware, stones, 
precious or otherwise, watches, jewelry, or any articles or 
goods represented as such, are sold at auction unless licensed 
to conduct or maintain the same by the mayor of the city or 
the selectmen of the town in which such establishment is 
located. Every application for license shall be sworn to by the 
applicant, shall contain the name and place of residence of the 
applicant, a description of the premises whereon the applicant 
intends to conduct or maintain such an establishment, the 
name of the owner of said premises, and a description of the 
class or classes of articles or goods intended to be sold. The 
license shall express and be subject to such conditions as are 
hereinafter set forth, and such additional reasonable con- 
ditions as the licensing authority may prescribe. No licensee 
hereunder shall conduct or maintain such an establishment in 
any place other than that set forth in the license. Every 
license shall expire on the thirtieth day after the date of its 
issuance and the fee for each such license shall be fifty dollars, 
which shall accompany the application, the fee being set at 
such amount to cover the cost of investigation, enforcement 
and police work under this chapter. No class of goods other 
than those described in the application for license may be sold 
by authority of such license. 

2. Coniditions. Further amend said chapter 173, Revised 
Laws, by inserting after section 2 thereof the following new 
section: 2-a. Conditions. Each license shall be subject to 
the following conditions : 

I. Such auctions shall be conducted exclusively between 
the hours of 11 :00 a. m. and 9:00 p. m., excepting Sundays and 
holidays on which days no auctions shall be conducted. 

IL On or before 10 :00 a. m. on the day preceding any 
day on which an auction is to be conducted, the licensee shall 



314 Chapter 137 [1951 

post in a conspicious place at or near the entrance to the 
premises an itemized list of the merchandise to be sold on that 
day, and no merchandise shall be sold at auction on that day 
which is not contained on such list when first posted. The list 
shall itemize each article to be sold, numbering each such item 
in numerical order, describing- each item by its true name, 
brand name, name of manufacturer, name of wholesale vendor 
or jobber from whom purchased, and the number of carats or 
jewels in the same, or weight and quality of same, or kind, 
quality and degree of purity of metal of same, where applicable. 
Imitations, rebuilt goods, second-hand goods or goods having 
second-hand parts shall be plainly stated as such on said list. 
A copy of such list shall also be delivered by the licensee on or 
before 10:00 a. m. on each such preceding day to the office 
of the tax assessors in the case of a city or to the abode of one 
of the selectmen in the case of a town. Both copies of said 
list shall be verified as true under oath by the licensee. 

III. In any case in which the licensee has purchased for 
auction hereunder the stock of a retail merchant doing or 
formerly doing business in the city or town, the list required in 
paragraph II above shall also indicate whether each item of 
merchandise to be sold came from the stock of such merchant 
or was imported from outside the city or town, and if the 
latter, the place where procured by the licensee. 

IV. No more than one auction under a single auctioneer 
shall be conducted on the licensed premises at any one time. 
In conducting the auction, the auctioneer shall proceed in 
numerical order down the list required in paragraph II above, 
offering each article for sale in the order set forth on such list. 

V. No licensee shall engage or employ "shills," "cappers" 
or artificial bidders to force up the level of prices bid. 

VI. If any merchandise to be sold at auction is not the 
sole property of the licensee, the auctioneer shall publicly 
announce the name and address of the true owner or part 
owner thereof before ofi'ering the same for sale. 

VII. All auction sales conducted hereunder shall be sub- 
ject to inspection by any police officer or duly authorized agent 
of the licensing authority to determine whether the pro- 
visions of law and the conditions of this license are being com- 
plied with. Any such agent or officer, upon complaint or reason- 
able suspicion of violation, may temporarily interrupt any such 



1951] Chapter 137 315 

auction sale for the purpose of making such an inspection, 
where such interruption is reasonably necessary to ascertain 
compliance with the law and the conditions hereof. 

VIII. Such other reasonable conditions, not inconsistent 
herewith, as the licensing authority may prescribe in the 
license. 

3. Bond. Further amend said chapter 173, Revised Laws, 
by inserting after section 3 thereof the following new section : 
3-a. Bond Required. No license shall be issued hereunder 
until the applicant shall have executed and filed with the 
licensing authority a good and sufficient bond in the sum of 
two thousand dollars with the surety thereon a surety com- 
pany authorized to do business in the state of New Hampshire, 
which bond shall be conditioned upon faithful observance of 
all of the provisions of this chapter and of all the conditions of 
said license, and shall also indemnify any purchaser at any 
auction held pursuant to said license who suffers any loss 
caused by misrepresentations in said sale or violations of the 
provisions of this chapter or the conditions of said license; 
provided however, that the aggregate liability of the surety 
to all such purchasers shall in no event exceed the penal sum 
of said bond. Said bond shall be stated on its face to continue 
in effect until the expiration of the statute of limitations on all 
claims secured by said bond. Any purchaser claiming to have 
been damaged for the foregoing reasons may maintain an 
action at law against said licensee and may join as party de- 
fendant the surety on said bond. 

4. Taxes. Further amend said chapter 173, Revised Laws, 
by inserting after section 4 thereof the following new section : 
4-a. Security for Payment of. The licensing authority may 
before the issuance of any license hereunder require the 
licensee to make a cash deposit with it in such reasonable sum 
as it may determine to be necessary to secure the payment of 
any tax which may be levied against the licensee by the 
assessors of said city or town in which said auction is con- 
ducted, or by the state of New Hampshire. If any such tax 
shall be paid by the licensee within thirty days after the tax 
collector or state authority has mailed notice of said tax, then 
said deposit shall be refunded by the licensing authority to the 
licensee. If such tax shall not be paid within said period, then 
the licensing authority without further notice may pay all or 



316 Chapter 138 [1951 

such portion of said cash deposit as may be necessary to the 
tax collector to satisfy said tax, refunding to the licensee any 
balance then due him. 

5. Application of Chapter. Amend section 5 of chapter 
173, Revised Laws, by striking out said section and inserting 
in place thereof the following: 5. Exemption. This chapter 
shall not apply to sales made by sheriffs, deputy sheriffs, 
constables, collectors of taxes, executors, administrators, 
guardians, conservators, mortgagees, assignees for the benefit 
of creditors, or by any person required by operation of law to 
sell personal property. This chapter shall not apply to any 
sales of antiques nor shall it apply to any sales of used goods 
which ai-e not, at the time of sale or immediately prior thereto, 
part of the stock in trade of a retailer, wholesaler, or dis- 
tributor of the class or classes of goods described in section 1. 

6. Takes Effect. This act shall take effect upon its passage. 
[Approved May 31, 1951.] 



CHAPTER 138. 

AN ACT RELATIVE TO SUPPLIES FOR DISCHARGED PRISONERS. 

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

1. State Prison. Amend section 17 of chapter 464 of the 
Revised Laws by striking out the word "ten" in the fourth line 
and inserting in place thereof the word, twenty, so that said 
section as amended shall read as follows: 17. Supplies for 
Discharged Prisoners. The warden may furnish, at the ex- 
pense of the state, to each convict discharged from the prison, 
a suit of clothes, decent and suitable for the season in which he 
is discharged, and a sum of money not more than twenty 
dollars. 

2. Takes Effect. This act shall take effect on July 1, 1951. 
[Approved June 6, 1951.] 



1951] Chapter 139 317 

CHAPTER 139. 

AN ACT RELATING TO PUBLIC WELFARE DEPARTMENT. 

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

1. Supervision and Licensing. Amend paragraph IV of 
section 6 of chapter 126 of the Revised Laws by striking out 
the same and inserting in place thereof the following: IV. 
Supervision and Licensing. Supervise and license all private 
institutions and private boarding homes providing assistance, 
care, or other direct services to children who are neglected, 
delinquent, defective, or dependent as well as to the aged, 
blind, feebleminded, and other dependent persons, provided 
that it shall not license such institutions and homes as are re- 
quired by statute to be licensed by the state board of health. 
In the case of institutions and homes licensed by the state 
board of health wherein are persons receiving assistance 
through the department of public welfare, the state board of 
health shall, upon request, make available to the department 
of public welfare such pertinent information as may be neces- 
sary to enable the latter department to ascertain the condition 
and operation of such institutions and homes for persons re- 
ceiving assistance from it. 

2. Examination by Optometrists. Amend paragraph V of 
section 6 of chapter 126 of the Revised Laws by striking out 
said paragraph and inserting in place thereof the following: 
V. Blind. Develop or cooperate with other agencies in pro- 
viding services to the blind, including the locating of blind 
persons, medical service for eye conditions, vocational guid- 
ance and training of the blind, placement of blind persons in 
emplojonent, instruction of the adult blind in their homes, 
other services to blind persons, and a program for the pre- 
vention of blindness. In connection with assistance to needy 
blind persons the department shall give due consideration to 
the special needs associated with the condition of blindness and 
shall: (a) Promulgate rules and regulations stating in terms 
of ophthalmic measurements the amount of visual acuity 
which an applicant may have and be eligible for assistance 
and providing for an examination by an ophthalmologist or 
physician skilled in diseases of the eye or by an optometrist, 
whichever the individual may select, in making the determi- 



318 Chapter 139 [1951 

nation whether the individual is eligible and fixing the fee for 
such examination; (b) establish the procedure for securing 
competent medical examination; (c) designate or approve a 
suitable number of ophthalmologists or physicians skilled in 
diseases of the eye, and optometrists, who must be duly 
licensed or registered under the laws of this state and actively 
engaged in the practice of their professions, to examine 
applicants and recipients of aid to determine their eligibility 
for assistance; (d) fix the fees to be paid for medical ex- 
amination from funds available to the department. 

3. Reciprocal Agreements. Amend paragraph X of section 
6 of chapter 126 of the Revised Laws by striking out said 
paragraph and inserting in place thereof the following: X. 
Reciprocal Agreements. Have authority to enter into re- 
ciprocal agreements with public welfare agencies in other 
states to grant assistance to persons removing from such other 
states to this state, and otherwise eligible for assistance in this 
state except for the residence requirement. 

4. Repeal. Paragraph XII of section 6 of chapter 126 of 
the Revised Laws, providing for school lunch program is here- 
by repealed. 

5. Relatives. Amend section 9 of chapter 126 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 9. Liability for Support; Recoveiy. 
Assistance rendered under this chapter to anyone having a 
father, mother, stepfather, stepmother, son, daughter, husband 
or wife, whose weekly income or other resources are more 
than sufficient to provide a reasonable subsistence compatible 
with decency and health, may be recovered in an appropriate 
proceeding in the superior court brought by the commissioner 
in the name of the state, from either a father, mother, step- 
father, stepmother, son, daughter, husband, or wife, who are 
declared jointly and severally liable for such assistance. Such 
action shall be brought by the attorney-general or the solicitor 
for the county in which any such relative resides when so re- 
quested by the commissioner. The words "stepfather" or 
"stepmother" as used herein shall only apply to a person who 
has assumed the relation of a parent to his minor stepchild. 

6. Authority of Commissioner. Amend chapter 126 of the 
Revised Laws by inserting after section 9 as hereinbefore 
amended the following new section : 9-a. Compelling Support. 



1951] Chapter 139 319 

Upon the request of the commissioner any such father, mother, 
stepfather, stepmother, son, daughter, husband or wife shall 
provide the support of the person assisted under this chapter, 
or contribute thereto. Should such relative refuse to comply 
with such request, the commissioner may bring an appro- 
priate proceeding in the superior court in the name of the state 
to compel such support or contribution thereto. If upon hear- 
ing it shall appear that such relative is able to provide the 
support of such person or to contribute thereto, the court 
shall enter an order accordingly and shall fix the amount and 
method and manner of payment. Failure to comply with any 
such order shall be deemed contempt of court and punished 
accordingly. Such proceedings shall be brought by the 
attorney-general or the solicitor for the county in which any 
such relative resides when so requested by the commissioner. 

7. Eligibility for Assistance. Amend section 10 of chapter 
126 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 10. Eligibility for 
Assistance. Public assistance shall be granted under this 
chapter to any eligible person as defined in section 12 who has 
not sufficient income or other resources to provide a reason- 
able subsistence compatible with decency and health, except 
that: 

I. In the determination of sufficiency of income in the 
administration of aid to the needy blind the first fifty dollars 
of earned income each month shall be disregarded. This para- 
graph shall not take effect until July 1, 1952. 

II. Public assistance shall not be granted to anyone who 
has made an assignment or transfer of property for the pur- 
pose of rendering himself eligible for such assistance within 
five years immediately preceding his application for such 
assistance. 

III. Public assistance shall not be granted to anyone who 
is an inmate of a public institution other than a patient in a 
public medical institution. 

IV. Public assistance shall not be granted to anyone who 
is a patient in .an institution for tuberculosis or mental dis- 
eases. 

V. Public assistance shall not be granted to anyone who 
has been diagnosed as having tuberculosis or psychosis and is 
a patient in a medical institution as a result thereof. 



320 Chapter 139 [1951 

VI. An inmate of an institution otherwise eligible for 
assistance under the provisions of this chapter may make 
application for assistance but the assistance shall not begin 
until after he ceases to be an inmate. 

8. Estates. Amend section 32 of chapter 126 of the Re- 
vised Laws as amended by section 1, chapter 173, Laws of 
1949, by inserting after the word "any" in the sixth line the 
words, and until enforced as provided herein, so that said 
section as amended shall read as follows: 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 life- 
time of the recipient and of the spouse of the recipient, if any, 
and until enforced as provided herein, unless sooner released 
by the commissioner. Within thirty days after the first grant 
of assistance to a recipient, the commissioner 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, resides, notice of the lien, to- 
gether with the name of the recipient, 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 satis- 
faction upon written request from the commissioner. 

9. Foreclosure of Liens. Amend chapter 126 of the Re- 
vised Laws by inserting after section 32-b, as inserted by 
section 1, chapter 173, Laws of 1949, the following new section: 
32-c. Enforcement. Liens arising under the provisions of 
this chapter may be enforced by a bill in equity. 

10. Takes Effect. Except as otherwise provided herein, 
this act shall take effect upon its passage. 

[Approved June 6, 1951.] 



1951] Chapter 140 321 

CHAPTER 140. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 

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

1. Definition of "Commissioner." Amend subsection E, 
section 1 of chapter 218 of the Revised Laws, by striking out 
the whole of said subsection and inserting in place thereof the 
following: E. "Commissioner" means the commissioner of 
labor or such other person as may be authorized by law to act 
in the name or stead of the labor commissioner in all matters 
pertaining to this chapter. 

2. Wages. Amend subparagraph (a), paragraph (1), 
subsection P, section 1 of said chapter 218, as amended by 
section 6, chapter 59 of the Laws of 1947, by striking out the 
whole of the same and inserting in place thereof the following: 
(a) For the purposes of section 6 of this chapter, that part of 
remuneration which, after remuneration equal to three thou- 
sand dollars has been paid to an individual by an employer with 
respect to employment during any calendar year, is paid to 
such individual by such employer with respect to employment 
occurring during such calendar year and after December 31, 
1940 and prior to January 1, 1947; or that part of the re- 
muneration which, after remuneration equal to three thousand 
dollars with respect to employment has been paid to an in- 
dividual by an employer during any calendar year after 1946, 
is paid to such individual by such employer during such 
calendar year; providing, that if the definition of the term 
"wages" as contained in the Federal Unemployment Tax Act 
is amended to include remuneration in excess of three thou- 
sand dollars paid to an individual by an employer under the 
federal act during any calendar year, "wages" for the pur- 
poses of section 6 of this chapter shall include remuneration 
paid in a calendar year to an individual by an employer subject 
to this chapter or his predecessor with respect to employment 
during any calendar year up to an amount equal to the dollar 
limitation specified in the Federal Unemployment Tax Act. For 
the purposes of this subsection, the term "employment" shall 
include service constituting employment under any employ- 
ment security law of another state or of the federal govern- 
ment. 



322 Chapter 140 [1951 

3. Repeal. Subsection D, section 2 of said chapter 218, as 
amended by section 9, chapter 59 of the Laws of 1947, relative 
to the transition from one benefit year to the next benefit 
year, is hereby repealed. 

4. Holiday Pay. Amend section 2 of said chapter 218 by 
inserting at the end thereof the following new subsection: 
D. Holiday Pay. The benefits to which an individual would 
otherwise be entitled under this chapter shall not be reduced 
by reason of the fact that such individual received holiday 
pay, so-called, in or with respect to any week of his total or 
partial unemployment. 

5. Benefits to Persons upon Termination of Service in 
Military or Naval Forces of the United States. Amend sec- 
tion 2 of said chapter 218 by inserting after subsection D, 
hereinabove described, the following new subsection E: E. 
Benefits to Persons upon Termination of Service in Military or 
Naval Forces of the United States. ( 1 ) An individual who 
has served in the military or naval forces of the United States, 
or any of its allies or of the United Nations, after July 1, 1950, 
and has been discharged or separated therefrom under con- 
ditions other than dishonorable, shall, if he is otherwise and 
in all other respects eligible in accordance with the provisions 
of section 3 of this chapter and files, in accordance with such 
regulations as the commissioner shall prescribe, a claim for 
benefits with respect to a week of unemployment beginning 
not later than July 1, 1955, be entitled to receive whichever is 
the greater of: 

(a) The unused benefits based on his earnings in the 
calendar year immediately preceding his first day of such 
service in said forces, or 

(b) The unused benefits based on earnings in the 
calendar year of his first day of such service in said forces, 
provided that benefits based on earnings in such calendar year 
are and have been available to all claimants generally under 
this chapter, or 

(c) Benefits based on earnings in the base period for 
the benefit year in which the first claim was filed, 

(2) If such an individual has not exhausted the benefits 
to which he is thus entitled at the close of a benefit year in 
which he first files a claim hereunder he shall, if otherwise 



1951] Chapter 140 323 

eligible as hereinbefore provided, be entitled to receive in the 
next benefit year whichever is the greater of: 

(a) The balance of the unused benefits to which he was 
entitled under (1) (a), (1) (b) or (1) (c) above, or 

(b) Benefits based on earnings in the base period for 
that benefit year. 

(3) The term "military or naval forces" as used in this 
subsection shall be construed to include service in the marine 
corps, coast guard or any woman's auxiliary service to the 
armed forces the members of which are subject to and under 
military law. 

(4) Benefits paid under and by virtue of this subsection 
are intended to be in lieu of and not in addition to weekly 
benefit amounts provided in subsections A, B and C of sec- 
tion 2 of this chapter. 

(5) It is further provided, however, that this subsection 
shall be ineffective as to any entitlement for benefits whatso- 
ever if such benefits are based on earnings in any base period 
prior to the year 1946. 

6. Transition from One Benefit Year to the Next Benefit 
Year. Amend section 2 of said chapter 218 by inserting after 
subsection E, hereinabove described, the following new sub- 
section F : F. Transition from One Benefit Year to the Next 
Benefit Year. If any individual has received benefits for any 
week ending not earlier than seven days before the end of the 
benefit year, benefit payments shall not be interrupted and 
benefits shall be paid for the next succeeding week at the rate 
provided for in the benefit year in which the last day of the 
payable week is served, provided that the other requirements 
of this chapter are fulfilled. 

7. Eligibility Conditions in Cases of Certain Women. 

Amend subsection C, section 3 of said chapter 218, as amended 
by section 3, chapter 56 of the Laws of 1943 and by section 10, 
chapter 59 of the Laws of 1947, by striking out the whole of 
the same and inserting in place thereof the following: C. He 
is able to work, and is available for work. Provided, however, 
that in the case of a pregnant woman she shall be deemed un- 
available for work for a period not to exceed eight weeks prior 
to the expected date of childbirth as certified by a legally 
licensed physician, and for a further period not to exceed eight 



324 Chapter 140 [1951 

weeks subsequent to childbirth, it being provided that such 
latter period of unavailability shall be sooner terminated if 
subsequent to said childbirth she earns in any one week wages 
in employment equal to or in excess of three dollars more than 
her weekly benefit amount ; 

8. Appeal Tribunals. Amend subsection D, section 5 of 
said chapter 218, as amended by section 10, chapter 185 of the 
Laws of 1949, by striking out the word "ten" and inserting in 
place thereof the word, fifteen, so that said subsection as 
amended shall read as follows: D. Appeal Tribunals. To 
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 fifteen 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. 

9. Interstate Collections. Amend section 11 of said chap- 
ter 218 by inserting at the end thereof the following new sub- 
section K: K. Interstate Collections. The courts of this 
state shall, in the manner provided in subsections A, B and I 
of this section, entertain actions to collect contributions or 
interest thereon for which liability has accrued under the em- 
ployment security law of any other state or of the federal 
government. 

10. Penalties. Amend subsection A, section 13 of said 
chapter 218 by striking out the whole of the same and insert- 
ing in place thereof the following: A. Whoever willfully 
makes a false statement or representation or knowingly fails 
to disclose a material fact to obtain or increase any benefit or 
other payment under this chapter, either for himself, or for 



1951] Chapter 141 325 

any other person, shall, upon conviction, be fined not less than 
twenty nor more than two hundred dollars, or imprisoned not 
more than one year, or both ; and each such false statement or 
representation or failure to disclose a material fact shall con- 
stitute a separate and distinct offense. 

11. Effective Date. This act shall take effect upon its 
passage. 
[Approved June 6, 1951.] 



CHAPTER 141. 



AN ACT RELATIVE TO NOTIFICATION OF SO-CALLED WRITE-IN 
CANDIDATES AT THE STATE PRIMARY. 

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

1. Primary Election. Amend section 48 of chapter 33 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following: 48. Publication. After the 
completion of the canvass of returns the secretary of state 
shall publish in some paper of general circulation the names of 
the persons found to have been chosen as candidates by the 
several parties, and shall cause a copy of such paper to be 
mailed to each person whose name appeared upon any party 
ballot, and also shall cause a copy of such paper to be mailed 
to each town or city clerk. 

2. Duties of Secretary of State. Amend section 49 of 
chapter 33 of the Revised Laws, as amended by section 1, 
chapter 71, Laws of 1947, by striking out said section and in- 
serting in place thereof the following: 49. Personal Notice; 
Major Candidates. In addition to publication as required by 
section 48, the secretary of state shall notify in writing each 
person of his nomination as a candidate for an office to be voted 
for in more than one town or ward if such person did not file 
a declaration of candidacy or primary petition for such major 
office with the secretary of state. A person so notified shall 
advise the secretary of state, in writing, if he wishes to accept 
such nomination. If such acceptance of nomination is not re- 
ceived by the secretary of state within six days from the date 
of the publication of the notice as provided in section 48, the 



326 Chapter 142 [1951 

person shall be deemed to have refused such nomination and 
his name shall not appear on the official ballot as a candidate 
far said office. 

3. Town and Ward Offices. Amend chapter 33 of the Re- 
vised Laws by inserting after section 49, as hereinbefore 
amended, the following new section: 49-a. Notice to Candi- 
dates. Upon receipt of the copy of the publication provided 
for in section 48 each town or city clerk shall forthwith notify 
in writing any person in the respective town or city who re- 
ceived a nomination for any town or ward office for which he 
did not file a declaration of candidacy or primary petition with 
said clerk. A person so notified shall advise the secretary of 
state, in writing, if he wishes to accept such nomination. If 
such acceptance of nomination is not received by the secretary 
of state within six days from the date of the publication of 
the notice as provided in section 48, the person shall be deemed 
to have refused such nomination and his name shall not appear 
on the official ballot as a candidate for said office. 

4. Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1951.] 



CHAPTER 142. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION AND 

DEALING WITH MERIT RATING AND THE COLLECTION OF 

OVERPAYMENTS IN FRAUD CASES INVOLVING OTHER 

STATES. 

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

1. Rate of Contribution. Amend subsection B, section 6 
of chapter 218 of the Revised Laws, by inserting at the end 
thereof the following new paragraph: (3) Each employer 
shall submit contributions equal to 2.7 per centum of the wages 
paid by him with respect to employment after March 31, 1951, 
except as otherwise prescribed in subsection D of this section. 

2. Merit Ratings. Amend the fourth paragraph of sub- 
section D, section 6 of said chapter 218, as amended by section 
14, chapter 138 of the Laws of 1945, section 17, chapter 59 of 
the Laws of 1947, section 11, chapter 185 of the Laws of 1949, 



1951] Chapter 142 327 

section 1, chapter 251 of the Laws of 1949, and section 4, 
chapter 36 of the Laws of 1951, by striking out the whole of 
said paragraph and inserting in place thereof the following: 
No employer shall be entitled to a merit rating under this sub- 
section for the first half of any fiscal year effective with the 
fiscal year beginning July 1, 1951 unless and until the balance 
of the unemployment compensation fund as of March 31, pre- 
ceding said first half of said fiscal year, equals or exceeds 
twelve million dollars, at which time the computations and 
rates delineated in Schedule I will, subject to further pro- 
visions hereinbelow made, become effective and applicable for 
said first half of said fiscal year ; it being further provided that 
no employer shall be entitled to a merit rating under this sub- 
section for the second half of any fiscal year effective with the 
fiscal year beginning July 1, 1951 unless and until the balance 
of the unemployment compensation fund as of September 30, 
preceding said second half of said fiscal year, equals or ex- 
ceeds twelve million dollars, at which time the computations 
and rates delineated in Schelude I will, subject to further pro- 
visions hereinbelow made, become effective and applicable for 
said second half of said fiscal year. It being further provided 
that if as of March 31 preceding the first half of any fiscal 
year effective with the fiscal year beginning July 1, 1951, the 
unemployment compensation fund equals or exceeds eighteen 
million dollars, the computations and rates delineated in 
Schedule II will become effective and applicable for said first 
half of said fiscal year. It being further provided that if as of 
September 30 preceding the second half of any fiscal year 
effective with the fiscal year beginning July 1, 1951, the un- 
employment compensation fund equals or exceeds eighteen 
million dollars, the computations and rates delineated in 
Schedule II will become effective and applicable for said second 
half of said fiscal year. 

3. Merit Ratings. Amend the seventh paragraph of sub- 
section D, section 6 of said chapter 218, as amended by section 
14, chapter 138 of the Laws of 1945, section 17, chapter 59 of 
the Laws of 1947, section 11, chapter 185 of the Laws of 1949, 
section 1, chapter 251 of the Laws of 1949, and section 4, 
chapter 36 of the Laws of 1951, by striking out the whole of 
said paragraph and inserting in place thereof the following: 
No employer shall be entitled to a merit rating under this sub- 



328 Chapter 142 [1951 

section for any fiscal year effective with the fiscal year begin- 
ning July 1, 1951 unless, as of the computation date preceding 
said fiscal year, he has properly and duly submitted reports and 
contributions required and due under the provisions of this 
chapter. It is provided, however, that any employer who for 
the first time loses his rate because of the foregoing and re- 
establishes his rights prior to the beginning of the fiscal year 
to which a rate might have been applicable, may apply for the 
reinstatement of the rate to which he would have been en- 
titled, said rate to become effective for the second half of the 
fiscal year in question. 

4. Merit Ratings. Amend the eighth paragi-aph of sub- 
section D, section 6 of said chapter 218, as amended by section 
14, chapter 138 of the Laws of 1945, section 17, chapter 59 of 
the Laws of 1947, section 11, chapter 185 of the Laws of 1949, 
section 1, chapter 251 of the Laws of 1949, and section 4, 
chapter 36 of the Laws of 1951, by striking out the whole of 
said paragraph and inserting in place thereof the following: 
The computation date will be known as December 81 (to in- 
clude contributions on that year's and prior years' employment 
paid through the succeeding January 31) and the effective 
date as July 1. If, as of the computation date, the total of all 
contributions paid on an employer's own behalf and credited 
to his account for all past years exceeds the total benefits 
charged against his account for all past years and, subject to 
the provisions and conditions hereinabove fully described as 
to the status of the unemployment compensation fund being 
equal to or exceeding twelve million dollars but not being equal 
to or exceeding eighteen million dollars, his contribution rate 
effective as hereinabove provided shall be deteraiined by sub- 
tracting from the maximum contribution rate of 2.7 per 
centum the following amounts: 

Schedule L 

(a) Two-tenths of one per centum if such excess equals 
of exceeds eight per centum of his average annual pay roll ; 

(b) Four-tenths of one per centum if such excess equals 
or exceeds nine per centum of his average annual pay roll ; 

(c) Seven-tenths of one per centum if such excess equals 
or exceeds ten per centum of his average annual pay roll ; 



1951] Chapter 142 329 

(d) Nine-tenths of one per centum if such excess equals 
or exceeds eleven per centum of his average annual pay roll; 

(e) One and two-tenths per centum if such excess equals 
or exceeds twelve per centum of his average annual pay roll; 

(f) One and one-half per centum if such excess equals or 
exceeds fourteen per centum of his average annual pay roll ; 

(g) One and seven-tenths per centum if such excess 
equals or exceeds fifteen per centum of his average annual pav 
roll. 

5. Merit Ratings. Amend the ninth paragraph of sub- 
section D, section 6 of said chapter 218, as amended by section 
14, chapter 138 of the Laws of 1945, section 17, chapter 59 of 
the Laws of 1947, section 11, chapter 185 of the Laws of 1949, 
section 1, chapter 251 of the Laws of 1949, and section 4, 
chapter 36 of the Laws of 1951, by striking out the whole of 
said paragraph and inserting in place thereof the following: 
It is further provided that, subject to the provisions and con- 
ditions hereinabove fully described as to the status of the un- 
employment compensation fund being equal to or exceeding 
eighteen million dollars, said employer's contribution rate 
effective as hereinabove provided shall, after computation is 
made in the manner described in the next preceding paragraph, 
be determined by subtracting from the maximum contribution 
rate of 2.7 per centum the following amounts : 

Schedule IL . 

(a) Two-tenths of one per centum if such excess equals 
or exceeds five per centum of his average annual pay roll ; 

(b) Four-tenths of one per centum if such excess equals 
or exceeds six per centum of his average annual pay roll ; 

(c) Eight-tenths of one per centum if such excess equals 
or exceeds eight per centum of his average annual pay roll ; 

(d) One and one-tenth per centum if such excess equals 
or exceeds nine per centum of his average annual pay roll ; 

(e) One and five-tenths per centum if such excess equals 
or exceeds ten per centum of his average annual pay roll ; 

(f) One and eight-tenths per centum if such excess 
equals or exceeds eleven per centum of his average annual pay 
roll; 



330 Chapter 142 [1951 

(g) Two and one-tenth per centum if such excess equals 
or exceeds twelve per centum of his average annual pay roll ; 

(h) Two and two-tenths per centum if such excess equals 
or exceeds fourteen per centum of his average annual pay roll. 

6. Merit Ratings. Amend the eleventh paragraph of sub- 
section D, section 6 of said chapter 218, as amended by section 
14, chapter 138 of the Laws of 1945, section 17, chapter 59 of 
the Laws of 1947, section 11, chapter 185 of the Laws of 1949, 
section 1, chapter 251 of the Laws of 1949, and section 4, chap- 
ter 36 of the Laws of 1951, by striking out the whole of said 
paragraph and inserting in place thereof the following: No 
employer shall be entitled to have more than seven-tenths of 
one per centum subtracted from the contribution rate 
established in accordance with this subsection unless the total 
contributions which became due and were credited to his 
account in the fund during all past years were at least twice 
the total benefits paid from the fund and chargeable to his 
account within the last preceding calendar year. 

7. Effective Date of Chapter 36 of the Laws of 1951. 
Amend section 7 of chapter 36 of the Laws of 1951 by striking 
out the whole of the same and inserting in place thereof the 
following: 7. Effective Date. This act shall take effect 
March 31, 1951, provided that benefits paid to an eligible in- 
dividual for total or partial unemployment occurring in any 
benefit year beginning after the effective date of this act shall 
be charged to the account of the last employer with whom said 
individual's work record exceeded four (4) consecutive weeks 
or more of employment, it being further provided that if such 
condition is not met said benefits in this section referred to 
shall be and continue to be charged to the most recent em- 
ployer in the same manner as described in this chapter prior 
to the effective date of this act. 

8. Recovery for Another State. Amend section 13 of said 
chapter 218, as amended by section 23, chapter 138 of the Laws 
of 1945, by inserting at the end thereof the following new sub- 
section F: F. Recovery for Another State. (1) On request 
of an agency which administers an employment security law 
of another state and which has found in accordance with the 
provisions of such law that a claimant is liable to repay bene- 
fits received under such law by reason of having knowingly 
made a false statement or misrepresentation of a material fact 



1951] Chapter 143 331 

with respect to a claim taken in this state as an agent for such 
agency, the commissioner may, if the existence of such non- 
disclosure or misrepresentation has been found by a court of 
competent jurisdiction, collect from such claimant the amount 
of such benefits to be refunded to such agency, and in any 
case in which under this subsection a claimant is liable to re- 
pay any amount to the agency of another state such amounts 
may be collected without interest by civil action in the name 
of the commissioner acting as agent for such agency. 

■9. Effective Date. This act shall take effect upon its 
passage, 
[Approved June 6, 1951.] 



CHAPTER 143. 

AN ACT TO ESTABLISH A STATE COUNCIL FOR TEACHER EDUCATION. 

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

1. Establishment of Council. An advisory and coordi- 
nating council for teacher education, hereinafter called the 
council for teacher education, is hereby established. 

2. Members of Council. The council for teacher education 
shall consist of: The commissioner of education and the 
chairman of the department of education of the University of 
New Hampshire ; three members appointed by them for terms 
not exceeding three years, one from a private educational in- 
stitution, one from the professional personnel of the public 
schools and one layman ; and the presidents of Keene and Ply- 
mouth teachers' colleges, or staff members designated by 
them; provided that additional members may be appointed by 
these seven for such terms as they may determine. Members 
of the council shall serve without compensation. 

3. Duties. The council for teacher education shall co- 
ordinate teacher education in the state in an advisory capacity 
through a continuing study and discussion of its problems and 
shall issue advisory reports to agencies and institutions, public 
and private, concerned with teacher education or its financing 
in this state. 



332 Chapter 144 [1951 

4. Meetings. The council shall meet at least twice each 
year. 

5. Officers. The council members shall elect a chairman 
and secretary annually to serve for the ensuing year. 

6. Board of Education. The state board of education shall 
provide a meeting room, filing space and clerical assistance to 
the council. 

7. Additional Employment. The council is empowered to 
employ consultant services subject to the approval of the state 
board of education. The said board shall pay the expenses of 
such employment. 

8. Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1951.] 



CHAPTER 144. 

AN ACT RELATIVE TO MOTOR VEHICLES OWNED BY TOTALLY BLIND 
SERVICE-CONNECTED VETERANS. 

Be it enacted by the Senate and Hoiise of Representatives in 
General Court conv^ened: 

1. Motor Vehicles. Amend chapter 116 of the Revised 
Laws by inserting after section 12-b as inserted by chapter 143 
of the Laws of 1949 the following new section: 12-c. Special 
Tags. The commissioner shall furnish without charge for 
every motor vehicle owned by a veteran, who has been de- 
termined by the veterans' administration to be suffering from 
total blindness as a result of a service-connected disability, 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 wind- 
shield 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 con- 
tained on said card. Any motor vehicle carrying the identifi- 
cation tag or card provided for herein 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. Registration. Amend section 1 of chapter 118 of the 
Revised Laws by inserting at the end thereof the following 



1951] Chapter 145 333 

new paragraph : XIV. Totally Blind. No fee shall be charged 
for registering a motor vehicle owned by a veteran who has 
been determined by the veterans' administration to be suffer- 
ing from total blindness as a result of a service-connected dis- 
ability. 

3. Municipal Permits. Amend chapter 116 of the Revised 
Laws by inserting after section 20-a, as inserted by section 1, 
chapter 107, Laws of 1947, the following new section: 20-b. 
Exception. No fee shall be charged for a permit to register a 
motor vehicle owned by a veteran who has been determined by 
the veterans' administration to be suffering from total blind- 
ness as a result of a service-connected disability. 

4. Takes Effect. This act shall take effect as of March 31, 
1951. 

[Approved June 6, 1951.] 



CHAPTER 145. 

AN ACT RELATIVE TO HUNTING DEER WITH BOW AND ARROW. 

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

1. Taking Deer. Amend section 16-a of chapter 242 of the 
Revised Laws, as inserted by chapter 258, Laws of 1949, by 
striking out said section and inserting in place thereof the 
following: 16-a. Bow and Arrow. Any resident holding a 
valid New Hampshire hunting license upon the payment of an 
additional fee of two dollars, or any non-resident holding a 
valid New Hampshire hunting license upon the payment of an 
additional fee of three dollars, or a non-resident not holding a 
New Hampshire hunting license, upon the payment of a fee of 
ten dollars, shall be issued a special license which shall en- 
title him to hunt deer with bow and arrow 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 section 
shall notify a conservation officer within twenty-four hours of 
such taking. 

2. Repeal. Section 16-b of chapter 242 of the Revised 
Laws, as inserted by chapter 258, Laws of 1949, establishing 



334 Chapters 146, 147 [1951 

districts within which deer may be taken with bow and arrow, 
is hereby repealed. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1951.] 



CHAPTER 146. 

AN ACT RELATING TO THE USE OF CONSTRUCTION EQUIPMENT. 

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

1. Operation of Construction Equipment on Highways. 

Amend section 37-a of chapter 119 of the Revised Laws, as 
inserted by section 2, chapter 104 of the Laws of 1949, by 
striking out said section and inserting in place thereof the 
following: 37-a. Exceptions. The provisions of section 37 
shall not prohibit the operation of highway building equip- 
ment, as defined in paragraph XI, section 1, chapter 115 of the 
Revised Laws, as amended by chapter 233 of the Laws of 1949, 
and motor vehicles, used in the construction or maintenance 
of highways, provided that such equipment is used within a 
highway construction zone as prescribed by the highway com- 
missioner. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1951.] 



CHAPTER 147. 



AN ACT PROVIDING FOR TUITION PAYMENTS FOR HANDICAPPED 
CHILDREN. 

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

1. School Districts. Amend chapter 134 of the Revised 
Laws by inserting after section 43 the following new section : 
43-a. Tuition of Handicapped Children. Whenever any 
handicapped child, of whatever age, shall attend, with the 
approval of the state board of education, any public or private 



1951] Chapter 148 335 

school, situated within or outside of this state, which offers 
special instruction for the training or education of handicapped 
children and which has been approved for such training by the 
state board of education, the school district where such handi- 
capped child resides shall be liable for the tuition of said child 
in the same manner and amount as specified in Revised Laws, 
chapter 138, section 26 and chapter 137, section 3-a. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 6, 1951.] 



CHAPTER 148. 



AN ACT TO ASSIST NEEDY SCHOOL DISTRICTS IN PROVIDING 

ADEQUATE EDUCATIONAL OPPORTUNITY AND TO IMPROVE 

THE EDUCATIONAL OFFERINGS OF THE PUBLIC 

ELEMENTARY AND HIGH SCHOOLS. 

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

1. Statement of Intention. Amend 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 by striking out said 
sections and inserting in place thereof the following: 8. 
Declaration of Policy. It is hereby declared to be the policy 
of the state to share the costs of public elementary and 
secondary schools with local school districts in such manner 
that the application of the awards to the several districts shall 
be made on the basis of need to the end that educational 
facilities for all children of New Hampshire shall be on a more 
equitable foundation. 

9. State Aid. To aid local school districts in financial 
support of schools the state board shall provide annually to all 
needy districts, out of state funds appropriated to carry out 
the provisions of this title, foundation aid necessary to pay the 
remaining costs of the required programs of public elementary 
and high school education over and above the proceeds of a 
tax of seventeen dollars per thousand on adjusted valuation 
(called the millage) of each district. "Adjusted valuation" as 
used hereunder shall consist of all the sources of income 



336 Chapter 148 [1951 

available to the town or district for current expenses, includ- 
ing the equalized valuation of the real and personal property 
of the town or district, subject to local taxation, plus the net 
income, capitalized at the average property tax rate for the 
state, derived from interest and dividends tax, national bank 
stock tax, savings bank tax, railroad tax, motor vehicle per- 
mits, licenses, rents, interest on taxes, national forest re- 
serve, fines and forfeitures, trust funds and municipally 
operated utilities or municipal departments ; these amounts to 
be determined for the year 1950 and every second year there- 
after; the intent being to make this adjusted valuation re- 
flect the district's financial ability to support its schools. Said 
adjusted valuation shall be determined for each district by the 
tax commission, who shall certify the amount of adjusted 
valuation of each school district in the state to the state de- 
partment of education. Where two or more districts are in the 
same town or city, the income adjustment shall be made on 
the same proportion as the equalized valuation of the real and 
personal property of said district bears to the total equalized 
valuation of the real and personal property of said town or 
city. 

9-a. Formula. For the purposes of section 9, the formula 
to determine the required programs shall be the sum of one 
hundred seventy-five dollars annually for each elementary 
pupil and two hundred twenty-five dollars annually for each 
high school pupil in average daily membership in approved 
public schools. A district which receives from local taxation 
for school purposes during the fiscal year previous to compu- 
tation of its aid a sum less than the yield of a tax of seven- 
teen dollars per thousand of the district's adjusted valuation 
shall be ineligible to receive any foundation aid. Such aid shall 
be paid to the district legally responsible for the education of 
the elementary and high school pupils who attend approved 
public schools within the district or in other districts on the 
basis of the average membership and adjusted valuation for 
the school year preceding its computation. The aid payable 
for a school year shall be paid to the district eligible for such 
aid on or before January fifteenth of that school year. 

10. Prorated Funds. If, for any school year, the amount 
appropriated for distribution as foundation aid shall be in- 
sufficient to distribute foundation aid in accordance with the 



1951] Chapter 149 337 

provisions of section 9, the appropriation available shall be 
prorated among the school districts covered under the formula. 
11. Unexpended Appropriation. Any amounts not dis- 
tributed in the first year of any biennium may be distributed 
in the second year if required to satisfy the provisions of 
sections 9 and 9-a. 

2. Takes Effect. This act shall take effect July 1, 1951 
and its provisions shall be used in the computation of aid to be 
paid to school districts in the school year 1951-52, and each 
year thereafter, except that the requirement that a district 
receive from local taxation during the previous year a sum 
equal to the yield of a seventeen mill tax on its adjusted valu- 
ation to be eligible for aid, shall be inoperative for the first 
year after this act takes eflfect. 
[Approved June 7, 1951.] 



CHAPTER 149. 



AN ACT RELATIVE TO THE SALARIES OF THE COUNTY 
COMMISSIONERS OF ROCKINGHAM COUNTY. 

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

1. Rockingham County Commissioners. Amend section 27 
of chapter 47 of the Revised Laws, as amended by chapters 
119, 150, 195 and 202 of the Laws of 1943, 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 chapters 73 
and 162 of the Laws of 1949, by striking out the word "fifteen" 
in the fourth line and inserting in place thereof the word, 
eighteen, so that said section as amended shall read as follows : 
27. Commissioners. The annual salary of each commission- 
er of the following counties shall be as follows, payable 
monthly by the county : 

In Rockingham, eighteen hundred dollars. 

In Straff"ord, twelve hundred dollars. 

In Belknap, twelve hundred dollars. 

In Merrimack, fifteen hundred dollars. 

In Hillsborough, three thousand dollars. 



338 Chapters 150, 151 [1951 

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 eig"ht dollars a day, 
payable as hereinbefore provided. To the foregoing sums shall 
be added, in all the counties, a reasonable sum for all necessary 
expenses, upon order of the county auditors. 

2. Takes Effect. This act shall take effect as of January 1, 
1951. 
[Approved June 7, 1951.] 



CHAPTER 150. 



AN ACT RELATIVE TO MISREPRESENTATION BY MINOR FOR THE. 
PURPOSE OF PURCHASE OF LIQUOR OR BEVERAGES. 

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

1. Liquor and Beverages. Amend chapter 170 of the Re- 
vised Laws by inserting after section 39 the following new 
section : 39-a. Prohibition. A minor who falsely represents 
his age for the purpose of procuring liquor or beverages and 
who procures such liquor or beverages shall be fined not more 
than twenty dollars. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 8, 1951.] 



CHAPTER 151. 

AN ACT RELATING TO CARRYING OF CONCEALED PISTOLS AND 
REVOLVERS. 

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

1. Pistols or Revolvers. Amend section 4 of chapter 179 
of the Revised Laws by striking out said section and insert- 



1951] Chapter 151 339 

ing in place thereof the following-: 4. Carrying Without 
License. No person shall carry a loaded pistol or revolver in 
any vehicle or concealed upon his person, except in his dwell- 
ing house or place of business, without a license therefor as 
hereinafter provided. A loaded pistol or revolver shall include 
any pistol or revolver with a magazine, cylinder, chamber or 
clip in which there are loaded cartridges. Whoever violates the 
provisions of this section shall be fined not more than one hun- 
dred dollars, or imprisoned not more than one year, or both. 

2. Members of the Armed Services. Amend section 5 of 
chapter 179 of the Revised Laws by striking out the words 
"army, navy or marine corps of the United States" in the 
fourth and fifth lines and inserting in place thereof the words, 
armed services of the United States when on duty, so that 
said section as amended shall read as follows : 5. Exceptions. 
The provisions of the preceding sections shall not apply to 
marshals, sheriffs, policemen or other duly appointed peace and 
other law enforcement officers ; nor to the regular and ordinary 
transportation of pistols or revolvers as merchandise, nor to 
members of the armed services of the United States when on 
duty ; nor to the national guard when on duty ; nor to organi- 
zations by law authorized to purchase or receive such weapons ; 
nor to duly authorized military or civil organizations when 
parading, or the members thereof when at, or going to or from, 
their customary places of assembly. 

3. Purposes. Amend section 6 of chapter 179 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 6. License to Carry. The selectmen 
of a town or the mayor or chief of police of a city, or some full- 
time police officer designated by them respectively, upon 
application of any resident of said town or city, or the super- 
intendent of the state police, or some person designated by 
him, upon application of a nonresident, shall issue a license 
to such applicant authorizing him to carry a loaded pistol or 
revolver in this state for not more than one year from the date 
of issue, if it appears that the applicant has good reason to 
fear injury to his person or property or has any proper pur- 
pose, and that he is a suitable person to be licensed. Hunting 
or target shooting shall be considered a proper purpose. The 
license shall be in duplicate and shall bear the name, address, 
description and signature of the licensee. The original there- 



340 Chapter 152 [1951 

of shall be delivered to the licensee and the duplicate shall be 
preserved by the person issuing- the same for one year. The 
fee for licenses issued to residents of the state shall be fifty 
cents, which fee shall be for the use of the law enforcement 
department of the town granting- said licenses; the fee for 
licenses g-ranted to out of state residents shall be one dollar, 
which fee shall be for the use of the state. 

4. Ammunition. Amend chapter 441 of the Revised Laws 
by adding at the end thereof the following new section: 21. 
Furnished to Minors. Any person who shall sell, barter, hire, 
lend or give to any minor under the age of sixteen years any 
cartridges or shot shells suitable for discharge in any rifle, 
pistol, revolver or shotgun shall be fined not more than one 
hundred dollars or imprisoned not more than three months or 
both. This section shall not apply to fathers, mothers, or 
guardians of such minor children. 

5. Takes Effect. This act shall take effect upon its passage. 
[Approved June 12, 1951.] 



CHAPTER 152. 



AN ACT RELATING TO FEDERAL AID FOR FISH RESTORATION 
PROJECTS. 

Be it enacted by the Senate and House of Representatives in 
General Court conv>ened: 

1. Fish Restoration Projects. The state of New Hamp- 
shire hereby assents to the provisions of the act of Congress 
entitled, ''An act to provide that the United States shall aid 
the States in fish restoration and management projects, and 
for other purposes,"' approved August 9, 1950 (Public Law 
681, 81st Congress), and the fish and game department, or any 
other state agency permitted by said act of Congress, are 
hereby authorized and empowered to perform such acts as 
may be necessary to the conduct and establishment of co- 
operative fish restoration and management projects as defined 
in said act of Congress, in compliance with the said act and 
rules and regulations promulgated by the Secretary of the 
Interior thereunder. Provided, that any funds accruing to the 



1951] Chapter 153 341 

state of New Hampshire from license fees paid by fishermen 
shall be diverted to no other purpose than the administration 
of the duly authorized activities of the fish and game depart- 
ment. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 21, 1951.] 



CHAPTER 153. 



AN ACT PROHIBITING GAMES OF BEANO ON SUNDAY AND 
PLAYING OF GAME BY MINORS. 

Z>'C it enacted by the Senate and House of RepresentoMves in 
General Court convened: 

1. Games of Beano. Amend section 2 of chapter 171-A of 
the Revised Laws as inserted by chapter 292 of the Laws of 
1949 by striking out said section and inserting in place thereof 
the following : 2, License. The selectmen of a town or the 
chief of police of any city wherein the provisions of this chap- 
ter 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, pro- 
vided however, that such issuing authority may issue to any 
agricultural fair eligible for benefits under the provisions of 
section 18 of chapter 171 of the Revised Laws, as amended, a 
license to conduct games of beano during those days the agri- 
cultural fair holds its annual bona-fide agricultural exhibition, 
under the following conditions : 

L The license shall authorize games on specified dates 
at specified times and at a specified location. 

II. Such license shall not be transferable. 

III. All games conducted by charitable organizations 
shall be operated by members thereof, and games conducted by 
agricultural fairs shall be operated by such persons as may be 
designated or selected by said agricultural fair and the name 
and address of such persons shall be endorsed upon the back 
of the license. 

IV. The price to be paid for a single card or play under 
the license shall not exceed ten cents. 



342 Chapter 153 [1951 

V. No person under the age of eighteen years shall be 
admitted to any room or hall where said games are being con- 
ducted, or shall be peiTnitted to play beano at agricultural 
fairs, but this section shall not otherwise apply to other games 
conducted on agricultural fair grounds. 

VI. No games of beano shall be played on Sunday. 

VII. All prizes, tokens or awards used, given, offered or 
awarded during, after or in connection with the conduct of any 
game or series of games conducted, other than at an agi'i- 
cultural fair, in any calendar day shall not exceed the total 
amount of value of eight hundred dollars. 

VIIL No games shall be conducted prior to 11 :00 o'clock 
in the forenoon, or subsequent to 11:00 o'clock in the night 
time of the same day. 

IX. The organization conducting any agricultural fair 
shall not charge any charitable organization greater ground 
rent, concession, or other fees for a location for conducting 
games of beano than is charged for the same or similar 
locations for other types of concessions on the fair grounds. 

2. Adoption of Provisions. Amend section 7 of chapter 
171-A of the Revised Laws, as inserted by chapter 292 of the 
Laws of 1949, by striking out said section and inserting in 
place thereof the following: 7. Local Option. The pro- 
visions of this chapter shall not become operative in any 
city or town until the same are adopted by a majority of 
the legal voters present and voting on the question at an 
annual or biennial city election in cities or at an annual 
meeting in towns. In cities, upon petition therefor, by three 
per cent of the legal voters as appear on the check-lists at the 
preceding election, addressed to the city council or board of 
mayor and aldermen, and in towns upon written application 
therefor of ten or more voters, or one-sixth of the voters, 
addressed to the selectmen, the following question shall be 
submitted to the voters at such election: "Shall the pro- 
visions of chapter 171-A of the Revised Laws relative to play- 
ing 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. 
Proper provision shall be made on such ballot to permit the 
voter clearly to indicate his choice on the question. 



1951] Chapter 154 343 

3. Application. Amend chapter 171- A of the Revised Laws 
as inserted by chapter 292 of the Laws of 1949 by inserting 
after section 7 the following new section: 7-a. Revocation. 
A city or town that has adopted the provisions hereof may re- 
scind such action in the same manner as provided for its 
adoption. The question: "Shall the provisions of chapter 
171-A of the Revised Laws relative to playing games of beano 
be declared no longer in effect in this city or town?" shall be 
printed on each ballot with proper provisions for the voter 
clearly to indicate his choice, 

7-b. Time of Operation. The provisions of this section 
shall not become operative in any city or town which has here- 
tofore adopted the provisions of this chapter until the next 
city election in cities and the next annual meeting in towns. 

4. Takes Effect. This act shall take effect upon its passage. 
[Approved June 21, 1951.] 



CHAPTER 154. 



AN ACT PROVIDING FOR THE ISSUANCE OF A POLITICAL CALENDAR 
FOR ELECTION PURPOSES. 

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

1. Elections. Amend chapter 33 of the Revised Laws by 
inserting at the end thereof the following new subdivision : 

Political Calendar 
96. Authority to Prepare. Prior to the primary election 
the attorney general shall prepare a political calendar setting 
forth the dates when required action under the election laws 
must be taken. Any action taken by any candidate or official 
in connection with the primary or election laws which shall be 
taken in accordance with the dates set forth in said calendar 
shall be conclusively deemed to be seasonably taken for all pur- 
poses in connection with the primary and election laws. The 
expense of printing said political calendar shall be a charge 
upon the appropriation for the office of the attorney general. 

2. Takes Eflf ect. This act shall take effect upon its passage. 
[Approved June 21, 1951.] 



344 Chapter 155 [1951 

CHAPTER 155. 

AN ACT TO GIVE SMALL TOWNS REPRESENTATION ON COUNTY 

CONVENTIONS WHEN NOT ENTITLED TO 

REPRESENTATION IN THE HOUSE. 

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

1. County Conventions. Amend section 5 of chapter 44 of 
the Revised Laws, as amended by section 1 of chapter 172, 
Laws of 1945 by striking- out said section and inserting- in 
place thereof the following: 5. Members. The county con- 
vention shall consist of the representatives of the towns of 
the county, and one member from each town which shall not 
then have a representative who shall be qualified, nominated 
and elected in the same manner as are representatives to the 
general court. At the first regular meeting which shall be 
convened on the second Wednesday of each biennial session of 
the general court, or some other day in the same week, the 
county convention shall choose a chairman and clerk, both of 
whom shall be representatives, and an executive committee. 
The chairman and the clerk of the convention shall be mem- 
bers of the executive committee ex officio. 

2. Regular Meetings. Amend section 20-a of said chapter 
44 as inserted by section 2 of said chapter 172 by striking out 
said section and inserting in place thereof the following: 20-a. 
Meetings. The chairman of the convention may call such 
further regular meetings of the county convention to be held 
at the state house in Concord during each biennial session of 
the general court as are necessary and proper for the conduct 
of its business, and notice of such meetings shall be sufficient 
when printed for two legislative days in the journal of the 
house of representatives. The members of the county con- 
vention who are not representatives shall be entitled to re- 
ceive the same compensation and travel expenses for actual 
attendance at regular meetings as is provided for attendance 
at special meetings in section 18 of this chapter, to be paid 
from the county treasury. 

3. Executive Committee. Further amend said chapter 44 
by inserting after section 20-a the following section : 20-b. 
Meetings of Executive Committee. The chairman of the con- 
vention may call meetings of the executive committee to be 



1951] Chapter 156 345 

held at any time either at the state house in Concord or at any 
place within the respective county. The members of the 
executive committee shall be entitled to the same compen- 
sation and travel expenses for actual attendance at such meet- 
ings as is provided for attendance at special meetings of the 
convention in section 18 of this chapter, to be paid from the 
county treasury, provided that no such compensation and ex- 
penses shall be allowed when such meeting is held at the state 
house in Concord. 

4. Takes Effect. This act shall take effect upon its passage, 
provided however, that no members of county conventions from 
towns not entitled to representatives shall be seated until after 
their nomination and election in the primary and biennial 
elections of 1952, nor until the first regular meetings of the 
county conventions in January of 1953. 
[Approved June 21, 1951.] 



CHAPTER 156. 



AN ACT RELATIVE TO ELECTION AND QUALIFICATION OF 
SCHOOL DISTRICT OFFICERS. 

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

1. School District Officers. Amend section 16 of chapter 
139 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 16. Election. The 
moderator, the clerk, school board and treasurer shall be 
chosen by ballot by a majority vote, provided that if the dis- 
trict has adopted the non-partisan ballot system for the 
election of its officers the said officers shall be chosen by plural- 
ity vote. Each of said officers shall take an oath of office the 
same as is required of town officers by section 2, chapter 60, 
Revised Laws. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 21, 1951.] 



346 Chapter 157 [1951 

CHAPTER 157. 

AN ACT RELATIVE TO SECRETARIES OF SUPERVISORY UNIONS. 

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

1. Supervisory Unions. Amend section 47 of chapter 135 
of the Revised Laws as inserted by chapter 172, Laws of 1949 
by striking- out said section and inserting in place thereof the 
following: 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 guidance, and any other employees, and expenses 
necessary for the operation of the supervisory union. The 
regularly employed office personnel of the supervisory union 
office shall be deemed employees of the union in so far as pay- 
ment of salaries and contributions to the employees retirement 
system of the state of New Hampshire are concerned. The 
supervisory union board shall apportion the total amount of 
the budget among the constituent school districts on the follow- 
ing basis, provided that each district shall be required to pay 
for only those services in which they share. The basis for the 
apportionment shall be one-half on the average membership 
for the previous school year and one-half on the last adjusted 
valuation 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 appor- 
tioned. 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 serv- 
ices which each district received in connection with the union 
ofl^ce. The provisions of this section shall not apply to super- 
visory 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 un- 
less 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 3, chapter 139 of the Revised Laws as 
amended. 



1951] Chapter 158 347 

2, Application. As of the date of the passage of this act, 
each supervisory union in the state shall be deemed to have 
elected to have its regularly employed office personnel become 
eligible to participate in the employees retirement system of 
the state of New Hampshire ; such union shall be known as an 
employer for the purposes of acts relative to the employees re- 
tirement system. Any regularly employed office employee 
who at the date of the passage of this act is a member of the 
employees retirement system as defined by chapter 201, Laws 
of 1945 under elections by school districts shall continue such 
membership as an employee of the supervisory union. 

3. Takes Effect. This act shall take effect as of July 1, 
1951. 

[Approved June 21, 1951.] 



CHAPTER 158. 



AN ACT RELATIVE TO PERMANENT MAGNETIC STATIONS AND TRUE 
MERIDIAN LINES. 

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

1. Commissioner of Public Works and Highways. Amend 
chapter 269 of the Revised Laws by inserting after section 29 
the following new subdivision : 

Permanent Magnetic Stations and True Meridian Lines 
2'9-a. Established. For the purpose of providing accuracy 
in land surveys the commissioner of public works and high- 
ways shall be charged with the responsibility of cooperating 
with any agencies of the federal government engaged in 
studies of the earth's magnetism to the end of establishing 
true meridian lines at one or more suitable places in each 
county, and shall maintain in his office a list of all magnetic 
stations and true meridian lines established by such agencies 
in New Hampshire and shall furnish a copy of such list upon 
request. 

2. T^es Effect. This act shall take effect upon its passage. 
[Approved June 27, 1951.] 



348 Chapter 159 [1951 

CHAPTER 159. 

AN ACT RELATIVE TO USE OF COUPONS ATTACHED TO HUNTING 

LICENSES. 

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

1. Hunting- License Deer Coupons. Amend section 11 of 
chapter 242 of the Revised Laws by striking out said section 
and inserting- in place thereof the following: 14. Use of 
Coupons. Each hunting license shall be provided with a 
coupon which shall be divided into two sections, A 1 and A 2. 
The holder of a license shall, upon killing his deer, detach, fill 
out and attach to the deer or carcass, by means of a string or 
wire, section A 2 of the coupon, by inserting said string or 
wire through the part marked X on said coupon. He shall, 
within forty-eight hours after the said deer has been removed 
from the woods, fill out and mail to the oflice of the director, 
section A 1 of the coupon. Section A 2 shall remain attached 
to the deer, or carcass thereof, as long as said deer or carcass 
shall remain in the state, and the owner shall be entitled to 
possess the same as provided in section 7, and shall be entitled 
to transport it or have it transported as provided in sections 
10 and 11 of this chapter. 

2. Repeal. Section 15 of chapter 242 of the Revised Laws, 
relative to use of coupons, is hereby repealed. 

3. Prohibition. Amend section 16 of chapter 242 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following: 16. Detached Sections. No 
person shall possess a detached or perforated section A 2 
coupon during the open season for deer, unless the same be 
attached to a deer or carcass thereof as provided in this sub- 
division. 

4. Takes Effect. This act shall take effect upon its passage. 
[Approved June 27, 1951.] 



1951] Chapters 160, 161 349' 

CHAPTER 160. 

AN ACT PROVIDING FOR A SUPPLEMENTAL APPROPRIATION FOR 
CERTAIN STATE DEPARTMENTS AND INSTITUTIONS. 

B^e it enacted by the Senate and House of Represento.tives in 
General Court conv^ened: 

1. Appropriation. The sum of two hundred twenty thou- 
sand eight hundred twenty dollars ($220,820.00) is hereby 
appropriated to supplement the appropriations for the fiscal 
year ending June 30, 1951 as follows : For state hospital one 
hundred twenty seven thousand nine hundred fifty-five dollars 
($127,955.00) ; for Laconia state school eleven thousand 
twenty-nine dollars ($11,029.00) ; for cancer commission 
thirty-five thousand dollars ($35,000.00) ; for health depart- 
ment, communicable disease control, twenty-eight thousand 
two hundred dollars ($28,200.00) ; for forestry, forest fire bills 
to towns, eighteen thousand six hundred thirty-six dollars 
($18,636.00). 

2. Takes Effect. This act shall take eflfect upon its passage. 
[Approved June 27, 1951.] 



CHAPTER 161. 

AN ACT RELATIVE TO THE DOLLAR LIMIT OF SMALL CLAIMS. 

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

1. Increase in Small Claims. Amend section 1 of chapter 
378 of the Revised Laws by striking out the words "thirty- 
five" in the third line and inserting in place thereof the word, 
sixty, so that said section as amended shall read as follows: 
1. Small Claim Defined. A small claim is any right of action 
not involving the title to real estate in which the debt or 
damages, exclusive of interest and costs, does not exceed sixty 
dollars. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 27, 1951.] 



350 Chapter 162 [1951 

CHAPTER 162. 

AN ACT RELATIVE TO AERONAUTICAL APPROPRIATIONS. 

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

1. Aeronautical Appropriations. Notwithstanding other 
provision of law the unexpended balance of the amount appro- 
priated by section 33 of chapter 306 of the Revised Laws, as 
inserted by section 10, chapter 281, Laws of 1947, shall be 
deemed to be appropriated for the purposes specified in said 
section and be available for such expenditures for a period of 
three years from the date of the passage of this act. 

2. Change in Amount. Amend section 33 of chapter 306 
of the Revised Laws as inserted by section 10 of chapter 281 
of the Laws of 1947, by striking out said section and in- 
serting in place thereof the following: 33. Bonds or Notes 
Authorized. The sum of one hundred fifty thousand dollars 
is hereby appropriated to be used as needed for the purpose 
of supplementing town funds in such proportions as the 
aeronautics commission may determine for the construction of 
airports, excluding the cost of land and buildings, under the 
Federal Aid Airport Program or for equal matching of town 
funds for the construction of airports, excluding the cost of 
land and buildings, by state contributions not in excess of five 
thousand dollars. An additional sum of forty-five thousand 
dollars is hereby appropriated to be used as needed for such 
purposes for the Whitefield airport, provided that the govern- 
nor and council approve the recommendations of the aero- 
nautics commission that expenditures should be made for 
said purposes on the basis that anticipated revenues from 
the airways toll will be adequate to meet payments of prin- 
cipal and interest on bonds or notes issued under the pro- 
visions of this section. To provide funds for said appropri- 
ations the state treasurer is hereby authorized under the 
direction of the governor and council to borrow upon the credit 
of the state not exceeding one hundred ninety-five thousand 
dollars and for that purpose may issue bonds or notes in the 
name and on behalf of the state of New Hampshire. The treas- 
urer shall recommend for the approval of the governor and 
council the form of such bonds, their rate of interest, the 
dates of maturity, the places where interest and principal shall 



1951] Chapter 163 351 

be paid and the time or times of issue. Such bonds or notes 
shall be signed by the treasurer and countersigned by the gov- 
ernor and shall be deemed a pledge of the faith and credit of 
the state. The proceeds of the sale of such bonds or notes shall 
be held by the treasurer and paid out by him upon warrants 
drawn by the governor for the purposes of this act only, and 
the governor, with the advice and consent of the council, shall 
draw warrants for the payment from the funds provided for 
herein of all sums expended or due for the purposes herein 
authorized. Such bonds shall be negotiated by the treasurer 
by direction of the governor and council as they deem to be 
most advantageous to the state. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved June 29, 1951.] 



CHAPTER 163. 

AN ACT TO ABOLISH COSTS IN CRIMINAL CASES. 

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

1. Costs. The assessment of any costs against respondents 
in criminal cases is hereby forbidden and all laws whether or 
not specifically designated hereinafter are hereby repealed in- 
sofar as they assess costs against respondents in criminal 
cases; provided however, that costs involving transportation 
of prisoners up to the time of court arraignment may be 
assessed against respondents, in the discretion of the superior 
court. 

2. Repeal. Sections 5 and 6 of chapter 430 of the Revised 
Laws relative to taxation of costs, are hereby repealed. 

3. Costs in Civil Cases. Amend section 23 of chapter 376 
of the Revised Laws by striking out the same and inserting 
in place thereof the following: 23. Writ; Plea. There shall 
be allowed in each bill of costs taxed in civil cases before a 
justice or municipal court one dollar for each writ or plea. 

4. Jail SeiTitence. Amend section 7 of chapter 430 by strik- 
ing out the words "and costs or either" in the first and second 
lines, so that said section as amended shall read as follows: 



352 Chapter 163 [1951 

7. Place of Committal. Any person sentenced to pay a fine 
shall be ordered to be imprisoned until sentence is performed, 
or he is otherwise legally discharged, in the house of correction 
or jail of the county. 

5. Writ. Amend section 8 of chapter 430 of the Revised 
Laws by striking out the words "and costs or for costs only" 
in the first and second lines, further amend by striking out the 
words "and costs or the costs alone," in the third and fourth 
lines, so that said section as amended shall read as follows : 8. 
Execution. A writ of execution may be issued for any fine in 
a criminal case, notwithstanding the respondent may be com- 
mitted or detained in jail for non-payment thereof; and if the 
fine shall be collected upon the execution the convict shall not 
be further detained on account thereof. 

6. Discharge. Amend section 10 of chapter 430 of the Re- 
vised Laws by striking out the words "and costs" in the fourth 
line so that said section as amended shall read as follows : 10: 
End of Term, etc. Any person sentenced conditionally to pay 
a fine or to be imprisoned for a term shall be discharged at the 
expiration of the term, and may be discharged at any time on 
payment of the balance of the fine, after deducting one dollar 
for each day he has been imprisoned under the sentence. 

7. Computation of Time. Amend section 11 of chapter 430 
of the Revised Laws by striking out the words "and costs" in 
the second and third lines and the words "and costs" in the 
sixth line; further amend by striking out the words "and the 
costs of commitment" in the sixth and seventh lines, so that 
said section as amended shall read as follows: 11. Com^ 
mittal for Non-payment, Term. Whenever a person is com- 
mitted to jail or to a house of correction in default of payment 
of a fine imposed by a justice of the peace or municipal court 
he shall be discharged from custody by the keeper thereof, at 
the expiration of a number of days after the date of his com- 
mitment equal to twice the number of dollars and the fraction 
of a dollar of the fine so imposed. The keeper shall keep a 
record of all discharges made under the provisions of this 
section. 

8. Inability to Pay Fine. Amend section 12 of chapter 430 
of the Revised Laws by striking out the words "or costs" in 
the second line so that said section as amended shall read as 
follows: 12. Petition for Discharge. Whenever a person, 



1951] Chapter 163 353 

under conviction for a criminal offense and confined in jail, is 
unable to pay the fine the superior court, or any justice there- 
of in vacation, upon petition of the prisoner or the county com- 
missioners, and satisfactory proof of such inability, may order 
the prisoner to be discharged upon such terms as they may 
think proper. 

9. Offenses Against Police of Towns. Amend section 14 of 
chapter 430 of the Revised Laws by striking out the words "or 
costs" in the third line so that said section as amended shall 
read as follows: 14. Discharge by Selectmen. Any person 
convicted of an offense against the police of towns, or against 
a by-law of a town, may, upon petition and proof of inability 
to pay the fine, be discharged by the selectmen; and the town 
shall be liable for prison charges if the prisoner is unable to 
pay them. 

10. Writ of Execution. Amend section 15 of chapter 430 
of the Revised Laws by striking out the words "or costs" in 
the second line, so that said section as amended shall read as 
follows: 15. Effect of Discharge. In neither of the cases 
aforesaid shall such fine be released by the discharge of the 
prisoner, but a writ of execution therefor, against the goods 
or estate of the prisoner, may be at any time issued, upon re- 
quest of the county commissioners or selectmen, without a writ 
of scire facias. 

11. Fines, to Whom Paid. Amend section 16 of chapter 
430 of the Revised Laws by striking out the word "costs" in 
the first line so that said section as amended shall read as 
follows : 16. To Clerk of C^urt or Sheriff. No fines or other 
money belonging to a county shall be paid to the solicitor; but 
when imposed or recovered in the superior court they shall be 
paid to the clerk of court or to the sheriff having a precept 
therefor. 

12. State Police. Amend section 10 of chapter 145 of the 
Revised Laws as amended by section 2, chapter 94, Laws of 
1949, by striking out said section and inserting in place there- 
of the following new section: 10. Disposition of Rewards. 
Any fee for the performance of an act in line of duty or re- 
ward for the apprehension or the conviction of any person, or 
for the recovery of any property, received by or payable to an 
employee, shall be paid by liim to the commissioner of motor 
vehicles who shall immediately forward the same to the state 



354 Chapter 163 [1951 

treasurer. All fines 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 shall be sent, except as hereinafter pro- 
vided, 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 and fines. In case of fines collected here- 
under 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 five dollars 
from each fine and ten per cent of that part of the fine which 
exceeds five dollars. Said fines shall be disposed of as provided 
in section 12, chapter 377 of the Revised Laws. 

13. Superior Court. Amend section 2 of chapter 425 of 
the Revised Laws as amended by section 14 of chapter 121 of 
the Laws of 1947 by striking out the words "taxed in the bill 
of costs" in the seventh line and inserting in place thereof the 
words, paid by the county, so that said section as amended 
shall read as follows: 2. Appeals. A person sentenced for 
an offense, by a municipal court or justice of the peace, may, 
at the time such sentence is declared, appeal therefrom to the 
superior court, and said appeal shall be entered by the appel- 
lant at the next return day unless for good cause shown the 
time is extended by the superior court. The fees for copies 
sent to the superior court shall be paid by the county. In all 
criminal cases which are so appealed, or in which defendants 
are bound over, it shall be the duty of the clerk of the superior 
court to transmit to the justice of the municipal court, within 
ten days after such case is finally disposed of, a certificate 
showing the final disposition of such case. 

14. Repeal. Section 13 of chapter 115 of the Revised 
Laws, and section 20 of chapter 376 of the Revised Laws, 
relative to costs, are hereby repealed. 

15. Fines Collected. Amend section 30 of chapter 118 of 
the Revised Laws as amended by chapter 65 of the Laws of 
1945 and by chapter 94 of the Laws of 1949 by striking out 
the words "ten per cent of the amount of all such fines 
collected by a municipal court shall be deducted" in the seventh 



1951] Chapter 163 355 

line and inserting in place thereof the words, from each fine 
collected by a municipal court, there shall be deducted five 
dollars and ten per cent of that part of the fine which exceeds 
five dollars ; further amend the section by striking out all after 
the word "be" in the ninth line and inserting in place thereof 
the following, disposed of as provided in section 12, chapter 
877 of the Revised Laws, so that said section as amended shall 
read as follows: 30. Disposition of Fines, 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 com- 
missioner shall be paid monthly to the state treasurer. Pro- 
vided, however, that from each fine collected by a municipal 
court, there shall be deducted five dollars and ten per cent of 
that part of the fine which exceeds five dollars, and the same 
shall be disposed of as provided in section 12, chapter 377 of 
the Revised Laws. 

16. Witnesses. Amend chapter 421 of the Revised Laws 
by inserting after section 12 the following new sections: 12-a. 
Payment of Witnesses in Criminal Cases. Any person who 
testifies as a witness in a municipal or superior court for the 
state shall be paid the v/itness fees provided by chapter 392, 
section 16, of the Revised Laws. It shall be the duty of the 
clerk of the court before whom such witness shall testify to 
maintain a register of all persons who have testified as a wit- 
ness for the state or who are entitled by order of the court to 
be paid witness fees in each criminal case before that court. 
From this register the clerk of court shall pay all witness fees 
monthly to all persons who are entitled to such fees as appears 
by said register. The payment of such witness fees by clerks 
of municipal courts shall be made out of moneys collected by 
the court as provided in chapter 377, section 12, of the Revised 
Laws. The payment of such witness fees in the superior court 
shall be a charge against the county. 12-b. No Witness Fees 
to Salaried Officers. No sheriff", deputy sheriff", constable, city 
marshal, chief of police or other police officer who receives a 
salary or who is to be otherwise compensated as a law enforce- 
ment officer in connection with the same criminal case by the 
state, county, city or town, shall be paid any fee for testifying 
as a witness in a criminal case; except that any police officer 



356 Chapter 164 [1951 

who is on vacation, furloug^h or on time off who attends as a 
witness in a criminal case pending- in any municipal or superior 
court shall, upon order of the court, be paid a witness fee in 
accordance with section 12-a for each day of such attendance. 

17. Clerks of Municipal Courts. Amend section 12 of 
chapter 377 of the Revised Laws by striking out the words 
"forfeitures, and costs" in the first line and inserting- in place 
thereof the words, and forfeitures, so that said section as 
amended shall read as follows : 12. Duties. The clerk shall 
receive all fines and forfeitures paid into the municipal court 
from any source, and, after deducting fees of officers and wit- 
nesses, cost of clerk's bond, if any, court seal, record books, 
printing- blanks, and such other expenses as may be leg-ally in- 
curred in the maintenance and conduct of said court, shall, ex- 
cept in cases otherwise provided, pay the same over to the 
treasurer of the city or town wherein the said court is located, 
for the use of said city or town. 

18. Takes Effect. This act shall take effect July 1, 1951. 
[Approved June 29, 1951.] 



CHAPTER 164. 



AN ACT EXTENDING THE APPROPRIATION FOR THE SO-CALLED 
CHILDREN'S STUDY HOME. 

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

1. Extension of Appropriation. Amend section 8 of chap- 
ter 8 of the Laws of 1950, by striking out the figure "1951" 
where it occurs in the sixth line and inserting- in place thereof 
the figure, 1953, so that said section as amended shall read as 
follows: 8. Children's Study Home. The appropriation 
provided by section 9 of chapter 279 of the Laws of 1947, and 
the authority to issue bonds or notes thereunder, relative to 
improvements at the children's study home, shall not lapse but 
shall be continued and made available for the purposes of said 
section for the period from the passage of this act until June 
30, 1953. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 29, 1951.] 



1951] Chapter 165 357 

CHAPTER 165. 

an act making temporary appropriations for the expenses 

of the state of new hampshire for the month of 

July, 1951. 

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 1951, 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, 1951 the sum of four million three hundred twelve thou- 
sand dollars, or so much thereof as may be necessary, to be 
expended in the manner hereinafter provided, that is to say 
two million one hundred twenty-five thousand dollars from 
general funds; one million two hundred seventy-five thousand 
dollars from highway funds; eight hundred fifty thousand 
dollars from special funds; sixty-two thousand dollars from 
fish and game funds. 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 othei'wise 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, 1952. 

2. Provisions of Law. The provisions of chapter 22 of the 
Revised Laws and the provisions of any other statutes 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 efltect as of July 1, 
1951, and shall continue in eflfect until August 1, 1951 unless 
the appropriation acts for the ensuing biennium are sooner 
enacted in which event the appropriations herein provided 
shall thereupon lapse. 

[Approved June 29, 1951] 



358 Chapters 166, 167 [1951 

CHAPTER 166. 

AN ACT PROVIDING FOR A SUPPLEMENTAL APPROPRIATION FOR 
THE EXPENSES OF THE LEGISLATURE. 

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

1. Appropriation. The sum of twenty-eight thousand 
dollars ($28,000.00) is hereby appropriated for the expenses of 
the leg-islature to supplement the appropriation for the fiscal 
year ending- June 30, 1951. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 29, 1951] 



CHAPTER 167. 

AN ACT RELATIVE TO CLERK HIRE IN THE OFFICES OF 
REGISTERS OF PROBATE. 

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

1. Registers of Probate. Amend section 22 of chapter 347 
of the Revised Laws as amended by chapters 63 and 125 of the 
Laws of 1943 and chapter 27 of the Laws of 1945 by striking 
out said section and inserting in place thereof the following: 
22. Clerk Hire. Registers of probate shall be allowed 
annually for clerk hire, payable monthly by tlie county, such 
sums as may be authorized by the county convention. In the 
following counties the minimum to be allowed for clerk hire 
shall be as follows : 

In Rockingham county, one thousand three hundred 
dollars. 

In Strafford county, five hundred dollars. 

In Merrimack county, one thousand dollars. 

In Hillsborough county, three thousand seven hundred 
forty dollars. 

In Cheshire county, five hundred dollars. 

In Sullivan county, five hundred dollars. 



1951] Chapters 168, 169 S59 

In Grafton county, one thousand dollars. 

In Coos county, one hundred fifty dollars. 
2. Takes Effect. This act shall take effect as of January 1, 
1951. 
[Approved July 10, 1951.] 



CHAPTER 168. 

AN ACT RELATING TO INSPECTORS IN THE DEPARTMENT OF LABOR. 

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

1. Labor Department, Amend section 29 of chapter 215 of 
the Revised Laws as amended by section 13, part 18, chapter 5, 
Laws of 1950, by striking out the whole thereof and inserting 
in place thereof the following: 29. Inspectors. For the pur- 
pose of inspecting factories, workshops, commercial and such 
mercantile establishments as the commissioner shall designate, 
and for the further purpose of making such other inspections 
as said commissioner may be authorized to do, he may employ 
six competent persons who shall be known as inspectors, one 
of whom shall be a woman, and shall fix their compensation in 
accordance with the state personnel regulations, and within 
the limits of available appropriations and funds; provided, 
however, that the factory inspectors heretofore employed shall 
continue as inspectors hereunder. 

2. Takes Effect. This act shall take effect July 1, 1951. 
[Approved July 10, 1951.] 



CHAPTER 169. 



AN ACT TO RESTRICT THE CUTTING OR GATHERING OF SEAWEED, 
ROCKV^EED AND SEA MOSS. 

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

1. Collecting Seaweed. Amend chapter 442 of the Revised 
Laws by inserting after section 25. the following new sections : 
25-a. Sale Outside State. If any person shall carry away or 



360 Chapter 170 [1951 

collect any seaweed, rockweed, or sea moss from the banks or 
shores of this state for sale outside the state, or for sale within 
the state for the purpose of its being carried outside the state, 
or shall sell any such seaweed, rockweed, or sea moss to be 
carried outside the state, he shall be fined not more than fifty 
dollars. 

25-b. Uprootino-. If any person shall pull or take any 
growing rockweed or sea moss from the rocks, banks or shores 
of this state, except by cutting same with a knife so as not 
to detach or injure its roots, he shall be fined not more than 
fifty dollars. 

25-c. From Rocks. If any person shall cut o)* take any 
growing rockweed or sea moss from the rocks, banks or shores 
of this state below high-water mark, above the amount of 
three bushels in any one day, allowed only in the case of a resi- 
dent or summer resident of this state, he shall be fined not 
more than fifty dollars. 

25-d. Enforcement. Fish and game conservation 
officers, as well as all state and local police officers, in addition 
to their other powers and duties, shall enforce all laws relative 
to the collecting, carrying away, uprooting, cutting, taking, 
piling and selling of seaweed, rockweed, flatsweed, and sea 
moss. 

2. Takes Effect. This act shall take efi'ect upon its passage. 
[Approved July 10, 1951.] 



CHAPTER 170. 

AN ACT RELATING TO THE REGISTRATION OF ARCHITECTS. 

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

1. Architect Defined. Amend paragraph (1), section 1, 
chapter 197, Laws of 1947, by striking out the word "term" 
in the first line and inserting in place thereof the words, terms 
"architect" and, and further amend said paragraph by insert- 
ing after the word "shall" in the first line the words, be deemed 
to be identical in meaning and shall, so that said paragraph as 



1951] Chapter 170 361 

amended shall read as follows: (1) The terms "architect" 
and "reg-istered architect" shall be deemed to be identical in 
meaning and shall mean a person who, by reason of having 
acquired through professional education and practical ex- 
perience an advanced training in building construction and 
architectural design and an extensive knowledge of building 
standards created to safeguard the public from the hazards 
of fire, panic, structural failure, and unsanitary conditions, is 
technically and legally qualified to practice architecture as a 
registered architect as hereinafter defined, and who is 
registered by the board or otherwise authorized by this act to 
engage in the practice of architecture as a registered architect. 
2. Examinations. Amend section 20 of said cliapter 197 
by striking out in the first, second and third lines the words 
"when oral or written examinations are required, they shall be 
held at such time and place as the board shall determine" and 
inserting in place thereof the words, oral or written ex- 
aminations shall be held at least twice a year, at such times 
and places as the board shall determine, so that said section 
as amended shall read as follows: 20. Examinations. Oral 
or written examinations shall be held at least twice a year at 
such times and places as the board shall determine. If ex- 
aminations are required on fundamental architectural subjects 
(such as are ordinarily given in college curricula) the applicant 
shall be permitted to take this part of the professional ex- 
amination prior to his completion of the requisite years of 
experience in architectural work. Satisfactory passage of this 
portion of the professional examination by the applicant shall 
constitute an examination credit for the ensuing ten years. The 
board shall issue to each applicant upon successfully passing 
the examination in fundamental architectural subjects a cer- 
tificate stating that he has passed the examination and that 
his name has been recorded as an architect-in-training-. The 
scope of the examination and the methods of procedure shall 
be prescribed by the board with special reference to the 
applicant's ability to desigrn and supervise architectural work 
so as to insure the safety of life, health and property. A 
candidate failing an examination may apply for reexamination 
at the expiration of six months and will be reexamined without 
payment of additional fee. Subsequent examination will be 
granted upon payment of a fee to be determined by the board. 



362 Chapter 171 [1951 

3. Construction. Amend section 24, chapter 197, Laws of 
1947, by striking out said section and inserting in place there- 
of the following: 24. Interpretation. It shall be a violation 
of this chapter, subjecting such person to the penalties pro- 
vided in section 28, for any person, without a certificate of 
registration from the board, to practice architecture in this 
state as an architect, or to off'er, or to advertise or hold him- 
self out to the public, to practice architecture in this state as 
an architect. Nothing in this chapter shall be construed to 
l^rohibit a professional engineer from doing such architectural 
work as is incidental to his engineering work. Nothing con- 
tained in this chapter shall be construed to prohibit any 
person from becoming registered both as an architect and as 
a professional engineer, providing such person meets the statu- 
tory requirements for said registration. 

4. New Section. Amend said chapter 197 by inserting 
after section 24 the following new section : 24-a. Exception. 
This act shall not be construed to prevent or to affect the 
practice of architecture, solely as an officer or an employee of 
a corporation engaged in interstate commerce. 

5. Takes Effect. This act shall take effect upon its passage. 
[Approved July 11, 1951.] 



CHAPTER 171. 

AN ACT RELATING TO TRESPASSING ON POSTED LAND. 

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

1. Trespasses. Amend section 7 of chapter 442 of the Re- 
vised Laws by striking out the words "upon which has been 
posted a notice forbidding trespass" in the third line, and 
further amend said section by adding after the word "vine" 
in the fourth line the words, or the fruit, flower or the product 
thereof, so that said section as amended shall read as follows : 
7. Gardens, etc. Whoever wilfully or without right enters 
the orchard, nursery, garden, or improved land of another, or 
the unimproved land of another and destroys or injures any 
tree, shrub, or vine, or the fruit, flower, or the product thereof, 



1951J Chapter 171 363 

or steals, takes, or carries away the same or any livestock or 
poultry, or so enters with intent to do any of said acts, shall 
be fined not exceeding one hundred dollars, or imprisoned not 
exceeding- six months, or both. Whoever knowingly sells or 
offers for sale any property taken in violation of the provisions 
of this section shall be fined not exceeding fifty dollars or im- 
prisoned not exceeding thirty days, or both. 

2. Posted Land. Amend chapter 442 of the Revised Laws 
by inserting after section 14 the following new sections : 14-a. 
Penalty. Whoever without right enters upon the cultivated 
land of another which has been posted with notices as de- 
scribed in section 14-b shall be fined not more than fifty dollars 
or imprisoned not more than six months, or both. 

14-b. Notices. The notices referred to in section 14-a 
shall conform to the following requirements: They shall be 
of durable material with the words NO HUNTING or TRES- 
PASSING, printed with block letters not less than two inches 
in height, and shall contain also the name and address of the 
owner of such land. Such signs shall be not more than one 
hundred yards apart and shall be posted also at the gates, bars 
and commonly used entrances. 

14-c. Definition. Cultivated land within the meaning of 
this chapter is defined as cleared land from which an annual 
crop is taken, orchards, cleared land upon which domestic 
animals annually graze and land which is either burned or cut 
over once in every two years. 

14-d. Limitation. Any person who posts his land in con- 
formity with the provisions of sections 14-a and 14-b shall for- 
feit his right to collect damages from game or game birds as 
provided in sections 20 and 21 of chapter 241 of the Revised 
Laws, as amended, except that this provision shall not apply 
to any person who posts only his land lying within two hun- 
dred yards of his dwelling or other farm or out building con- 
tiguous to his dwelling and used regularly by him, his family 
or tenant. 

14-e. Obstructing Private Ways. Any person who 
obstructs any private way or driveway by leaving unattended a 
motor vehicle thereon shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof shall be fined not more 
than fifty dollars plus the cost of removing said obstruction 
including towing and storage charges. The owner or other 



364 Chapter 172 [1951 

person entitled to the unobstructed use of such a private way 
shall be entitled to remove any such vehicle. 

3. Fish and Game Licenses. Amend section 11 of chapter 
247 of the Revised Laws by striking out the word and figures 
"7 and 12" in the fourth line and inserting in place thereof the 
figures and word, 7, 12 and 14-a, so that said section as 
amended shall read as follows : 11. Revocation for Conviction. 
The director may revoke the license of any person who has been 
found guilty in any court of a violation of any provision of this 
title or any rule or regulation of the director, or who has been 
found guilty in a municipal court of a violation of sections 7, 12 
and 14-a of chapter 442 prohibiting trespassing upon improved 
land or destroying fences. Such revocation shall not continue 
for more than one year from the date thereof. The director shall 
revoke the license of any person who has been found guilty in 
any court a second time within five years of the first finding 
of guilt, of a violation of any such laws or regulations, for a 
period of not less than one, nor more than three years from 
the date of such finding or conviction. 

4. Takes Effect. This act shall take effect upon its passage. 
[Approved July 11, 1951.] 



CHAPTER 172. 

AN ACT RELATING TO PARKING METERS. 

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

1. Cities and Towns. Amend section 1 of chapter 74 of the 
Laws of 1947 by inserting after the word "meters" in the 
fifth line the words, and the power to make any incidental use 
of such meters for advertising as may be desirable, provided 
such use does not interfere with the regulation and control of 
traffic, and after the word "meters" in the eighth line the 
words, and shall have the power to make any incidental use 
of such meters for advertising as may be desirable, provided 
such use does not interfere with the regulation and control of 
traffic, so that said section, as amended, shall read as follows: 
1. Parking Meters. The city council of any city shall have 
the power to authorize the installation of parking meters on 



1951] Chapter 173 365 

any street or public parking area and the power to establish 
reasonable charges for parking to be paid through such meters 
and the power to make any incidental use of such meters for 
advertising as may be desirable, provided such use does not 
interfere with the regulation and control of traffic. Towns 
likewise may at any legal meeting vote to authorize the in- 
stallation of parking meters and establish reasonable charges 
for parking to be paid through such meters and shall have the 
power to make any incidental use of such meters for advertis- 
ing as may be desirable, provided such use does not interfere 
with the regulation and control of traffic. 

2. Takes Effect. This act shall take effect upon its passage, 
[Approved July 11, 1951.] 



CHAPTER 173. 

AN ACT RELATIVE TO PAYMENTS BY TAX COLLECTOR. 

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

1. Tax Collections. Amend section 31 of chapter 59 of the 
Revised Laws by striking out said section and inserting in 
place thereof the following : 31. Duties of Collector. Every 
collector of taxes shall keep in suitable books provided for the 
purpose a fair and correct account in detail of the taxes due, 
collected, and abated, and of all property sold for nonpayment 
of taxes; and these accounts shall be pubhc records. The 
collector shall, on the last Monday of every month, pay to the 
town treasurer all money collected by him up to that time. He 
shall also make a final payment to the town treasurer of all 
moneys collected by him prior to December thirty-first as soon 
as possible after said close of the fiscal year. He shall submit 
his tax books and lists to the treasurer and selectmen for in- 
spection and computation, and if the treasurer or selectmen 
discover any errors therein they shall immediately notify the 
town auditors thereof; and thereupon the auditors shall at 
once examine the collector's records and make a report in writ- 
ing to the selectmen and the state tax commission stating all 
errors that may be found. The collector shall also submit his 
tax books and lists to the selectmen for inspection and ex- 



366 Chapter 174 [1951 

amination whenever so requested by them. He shall on the 
last Monday of each month maintain office hours in the town 
hall building- or other place designated as a meeting place for 
the selectmen, for the transaction of tax business. He shall 
make a written report to the town at the end of each fiscal 
year, which shall contain the following information: the 
amount of taxes set down for him to collect; the amount of 
such taxes collected, together with any interest thereon; the 
amount of discount allowed, if any; the amount of taxes 
abated; a detailed list of uncollected taxes, and the amount 
received for such taxes as were payable for any prior tax 
year. This report shall also contain a detailed account of the 
sale by him of any property for nonpayment of taxes. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved July 16, 1951.] 



CHAPTER 174. 



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

Be it ermcted 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, $1.38.15 

Atkinson, seventy-eight cents $0.78 

Auburn, one dollar and fifty-four cents 1.54 

Brentwood, ninety-six cents .96 

Candia, one dollar and twenty-three cents 1.23 

Chester, one dollar and thirty-seven cents 1.37 

Danville, sixty-seven cents .67 

Deerfield, one dollar and fifty-six cents 1.56 

Deny, ten dollars and twenty-seven cents 10.27 

East Kingston, fifty-eight cents .58 

Epping, one dollar and seventy-one cents 1.71 



1951] Chapter 174 367 

Exeter, thirteen dollars and twenty-nine cents $13.29 

Fremont, eiglity-six cents .86 

Greenland, one dollar and eighteen cents 1.18 

Hampstead, one dollar and fifty-nine cents 1.59 

Hampton, twelve dollars and seven cents 12.07 

Hampton Falls, one dollar and forty-nine cents 1.49 

Kensington, eighty-one cents .81 

Kingston, two dollars and sixteen cents 2.16 

Londonderry, two dollars and thirty-two cents 2.32 

New Castle, one dollar and fifty-four cents 1.54 

Newfields, seventy-five cents .75 

Newington, one dollar and fifty-one cents 1.51 

Newmarket, three dollars and seventy-seven cents . . 3.77 

Newton, one dollar and twenty-nine cents 1.29 

North Hampton, three dollars and eighty cents 3.80 

North wood, one dollar and seventy-four cents 1.74 

Nottingham, one dollar and four cents 1.04 

Plaistow, two dollars and twenty-six cents 2.26 

Portsmouth, forty dollars and twenty-three cents . . . 40.23 

Raymond, two dollars and sixteen cents 2.16 

Rye, five dollars and ninety-nine cents 5.99 

Salem, seven dollars and ninety-two cents 7.92 

Sandown, seventy-two cents .72 

Seabrook, two dollars and eighty-eight cents 2.88 

South Hampton, forty-nine cents .49 

Stratham, one dollar and thirty-one cents 1.31 

Windham, two dollars and thirty-one cents 2.31 

Strafford county, $78.80 

Barrington, one dollar and twenty-nine cents $1.29 

Dover, twenty-six dollars and fifty-two cents 26.52 

Durham, three dollars and ninety-six cents 3.96 

Farmington, four dollars and fifty-five cents 4.55 

Lee, seventy-nine cents .79 

Madbury, eighty-six cents .86 

Middleton, twenty-five cents .25 

Milton, two dollars and sixty-six cents 2.66 

New Durham, ninety-three cents .93 

Rochester, twenty dollars and eighty-six cents 20.86 

Rollinsford, two dollars and sixty-three cents 2.63 

Somersworth, twelve dollars and twenty-five cents . . 12.25 

Straff"ord, one dollar and twenty-five cents 1.25 



368 Chapter 174 [1951 

Belknap county, $58.60 

Alton, four dollars and forty-eight cents $4.48 

Barnstead, one dollar and forty-eight cents 1.48 

Belmont, two dollars and eleven cents 2.11 

Center Harbor, one dollar and twenty-three cents ... 1.23 

Gilford, four dollars and twenty-four cents 4.24 

Gilmanton, one dollar and fifty-one cents 1.51 

Laconia, twenty-nine dollars and sixteen cents 29,16 

Meredith, six dollars and eleven cents 6.11 

New Hampton, two dollars and nineteen cents 2.19 

Sanbornton, one dollar and sixty-three cents 1.63 

Tilton, four dollars and forty-six cents 4.46 

Carroll county, $89.18 

Albany, forty cents , $0.40 

Bartlett, one dollar and seventy-six cents 1.76 

Brookfield, fifty-seven cents .57 

Chatham, forty cents .40 

Conway, seven dollars and three cents 7.03 

Eaton, fifty-two cents .52 

Effingham, eighty-four cents .84 

Freedom, one dollar and four cents 1.04 

Hart's Location, five cents .05 

Jackson, one dollar and thirty-six cents 1.36 

Madison, one dollar and forty-six cents 1.46 

Moultonborough, three dollars and twenty-five cents 3.25 

Ossipee, two dollars and ninety-two cents 2.92 

Sandwich, two dollars and forty-five cents 2.45 

Tamworth, two dollars and eighty-three cents 2.83 

Tuftonboro, two dollars and fifty-nine cents 2.59 

Wakefield, two dollars and sixty-two cents 2.62 

Wolfeboro, seven dollars and nine cents 7.09 

Merrimack county, $110.98 

Allenstown, two dollars and twenty-seven cents .... $2.27 

Andover, two dollars and five cents 2.05 

Boscawen, two dollars and forty-five cents 2.45 

Bow, two dollars and thirty-four cents 2.34 

Bradford, one dollar and sixty-four cents 1.64 

Canterbury, eighty-three cents .83 

Chichester, ninety-three cents . . . .' .93 



1951] Chapter 174 369 

Concord, fifty-three dollars and eighty-one cents .... $53.81 

Danbury, sixt^^-seven cents ,67 

Dunbarton, ninety-seven cents .97 

Epsom, one dollar and sixteen cents 1.16 

Franklin, ten dollars and thirty-nine cents 10.39 

Henniker, two dollars and thirty-six cents 2.36 

Hill, ninety-five cents .95 

Hooksett, three dollars and nineteen cents 3.19 

Hopkinton, three dollars and forty cents 3.40 

Loudon, one dollar and twenty-nine cents 1.29 

Newbury, one dollar and ninety-one cents 1.91 

New London, four dollars and fourteen cents 4.14 

Northfield, one dollar and eighty-eight cents 1.88 

Pembroke, three dollars and forty-eight cents 3.48 

Pittsfield, three dollars and thirty-seven cents 3.37 

Salisbury, sixty-five cents .65 

Sutton, one dollar and thirty cents 1.30 

Warner, one dollar and eighty-nine cents 1.89 

Webster, one dollar and ten cents 1.10 

Wilmot, fifty-six cents .56 

Hillsborough county, $273.54 

Amherst, two dollars and twenty-nine cents $2.29 

Antrim, two dollars and twenty-nine cents 2.29 

Bedford, three dollars and sixty-two cents 3.62 

Bennington, one dollar and sixty-eight cents 1.68 

Brookline, ninety-eight cents .98 

Deering, seventy-three cents .73 

Francestown, one dollar and six cents 1.06 

GoflFstown, seven dollars and twenty-four cents 7.24 

Greenfield, one dollar and nine cents 1.09 

Greenville, two dollars and two cents 2.02 

Hancock, one dollar and sixty-nine cents 1.69 

Hillsborough, four dollars and forty-four cents 4.44 

Hollis, one dollar and ninety-nine cents 1.99 

Hudson, three dollars and seventy-one cents 3.71 

Litchfield, sixty-seven cents .67 

Lyndeborough, seventy-five cents .75 

Manchester, one hundred forty-three dollars 143.00 

Mason, fifty-one cents .51 

Merrimack, two dollars and ninety-seven cents 2.97 

Milford, six dollars and ninety-eight cents 6.98 



370 Chapter 174 [1951 

Mont Vernon, seventy-nine cents $0.79 

Nashua, sixty-three dollars and thirty-three cents . . 63.33 

New Boston, one dollar and fifty-one cents 1.51 

New Ipswich, two dollars and thirteen cents 2.13 

Pelham, one dollar and seventy-seven cents 1.77 

Peterborough, seven dollars and seventy-one cents . . 7.71 

Sharon, thirty-five cents ,35 

Temple, seventy-one cents .71 

Weare, one dollar and ninety-eight cents 1.98 

Wilton, three dollars and forty-three cents 3.43 

Windsor, twelve cents .12 

Cheshire county, $75.30 

Alstead, one dollar and thirty-nine cents $1,39 

Chesterfield, two dollars and twenty-six cents 2.26 

Dublin, two dollars and ninety-eight cents 2.98 

Fitzwilliam, one dollar and sixty-six cents 1.66 

Gilsum, forty-four cents .44 

Harrisville, one dollar and sixty-seven cents 1.67 

Hinsdale, four dollars and forty-eight cents 4.48 

JaflFrey, six dollars and forty-four cents 6.44 

Keene, thirty-dollars and fifty-two cents 30.52 

Marlborough, two dollars and twenty cents 2.20 

Marlow, fifty-one cents .51 

Nelson, eighty-four cents .84 

Richmond, forty-three cents .43 

Rindge, one dollar and eighty-two cents 1.82 

Roxbury, twenty-two cents .22 

Stoddard, seventy-nine cents .79 

Sullivan, thirty-six cents .36 

Surry, forty-five cents .45 

Swanzey, three dollars and thirty-seven cents 3.37 

Troy, two dollars and fourteen cents 2.14 

Walpole, five dollars and fifty-one cents 5.51 

Westmoreland, one dollar and eight cents 1.08 

Winchester, three dollars and seventy-four cents .... 3.74 

Sullivan county, $47.91 

Acworth, eighty-two cents $0.82 

Charlestown, three dollars and forty-two cents 3.42 

Claremont, twenty-three dollars and fifty-two cents . . 23.52 

Cornish, one dollar and ninety-three cents 1.93 



1951] Chapter 174 371 

Croydon, fifty-one cents $0.51 

Goshen, forty-four cents , .44 

Grantham, forty-six cents .46 

Langdon, forty-three cents . .43 

Lempster, forty cents .40 

Newport, seven dollars and ninety-seven cents 7.97 

Plainfield, one dollar and fifty-one cents 1.51 

Springfield, seventy cents .70 

Simapee, four dollars and forty-nine cents 4.49 

Unity, sixty-three cents .63 

Washington, sixty-eight cents .68 

Grafton county, $105.04 

Alexandria, seventy-seven cents $0,77 

Ashland, three dollars and seventy-six cents 3.76 

Bath, one dollar and thirty-four cents 1.34 

Benton, sixteen cents .16 

Bethlehem, five dollars and three cents 5.03 

Bridgewater, one dollar and fifteen cents 1.15 

Bristol, three dollars and ninety-one cents 3.91 

Campton, two dollars and fifty-six cents 2.56 

Canaan, two dollars 2.00 

Dorchester, twenty-eight cents .28 

Easton, thirty cents .30 

Ellsworth, six cents .06 

Enfield, two dollars and fifty-five cents 2.55 

Franconia, one dollar and ninety cents 1.90 

Grafton, seventy-eight cents .78 

Groton, fifty-one cents .51 

Hanover, eleven dollars and sixty cents 11.60 

Haverhill, six dollars and thirty-two cents 6.32 

Hebron, eighty cents .80 

Holderness, three dollars and fifty-two cents 3.52 

Landaff, forty cents .40 

Lebanon, thirteen dollars and forty-two cents 13.42 

Lincoln, two dollars and seventy-nine cents 2.79 

Lisbon, three dollars and ninety-two cents 3.92 

Littleton, eight dollars and eighty-nine cents 8.89 

Lyman, forty-four cents .44 

Lyme, one dollar and forty-two cents 1.42 

Monroe, nine dollars and fifty-two cents 9.52 

Orange, nineteen cents .19 



372 Chapter 174 [1951 

Orford, one dollar and twenty-six cents $1.26 

Piermont, one dollar and fifty cents 1.50 

Plymouth, five dollars and ninety-four cents 5.94 

Rumney, one dollar and seventy cents 1.70 

Thornton, eighty-five cents .85 

Warren, eighty cents .80 

Waterville, ten cents .10 

Wentworth, seventy cents .70 

Woodstock, one dollar and ninety cents 1.90 

Coos county, $70.26 

Berlin, thirty dollars and sixty-seven cents $30.67 

Carroll, one dollar and fifty-four cents 1.54 

Clarksville, sixty-four cents .64 

Colebrook, three dollars and ten cents 3.10 

Columbia, seventy-two cents .72 

Dalton, seventy-one cents .71 

Dummer, fifty-eight cents .58 

Errol, eighty-four cents .84 

Gorham, seven dollars and thirteen cents 7.13 

Jefi'erson, one dollar and twenty-seven cents 1.27 

Lancaster, five dollars and eighty-seven cents 5.87 

Milan, one dollar and three cents 1.03 

Northumberland, four dollars and ninety-nine cents 4.99 

Pittsburg, two dollars and seventy-four cents 2.74 

Randolph, ninety-four cents .94 

Shelburne, one dollar and three cents 1.03 

Stark, sixty-four cents .64 

Stewartstown, one dollar and twelve cents 1.12 

Stratford, one dollar and fifteen cents 1.15 

Wentworth's Location, sixteen cents .16 

Whitefield, three dollars and thirty-nine cents 3.39 

Unincorporated Places, $2.24 

Cambridge, thirty cents $0.30 

Crawford's Purchase, five cents .05 

Dixville, fifty-nine cents .59 

Dix's Grant, five cents .05 

Erving's Grant, two cents . .02 

Gilmanton and Atkinson Academy Grant, four cents .04 

Green's Grant, six cents .06 



1951] Chapter 175 37 



Hale's Location, one cent $0.01 

Millsfield, twenty cents .20 

Odell, thirty-five cents 35 

Sargent's Purchase, eleven cents .11 

Second College Grant, sixteen cents .16 

Success, twenty-three cents .23 

Thompson and Meserve Purchase, seven cents .07 

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 July 16, 1951.] 



CHAPTER 175. 

an act establishing the john g. winant 
Memorial Foundation. 

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

1. Trustees of the University of New Hampshire. 

Amend chapter 222 of the Revised Laws by inserting after 
section 15 the following new subdivisions: 15-a. John G. 
Winant Memorial Foundation. There is hereby established a 
charitable and educational foundation to be known as the John 
G. Winant Memorial Foundation. The purpose of said 
foundation shall be to administer a fund in memory of the late 
John G. Winant for aid to needy students at the University of 
New Hampshire, with special emphasis upon assistance to 
students majoring in economics and social welfare. 

15-b. Trustees. The trustees of the University of New 
Hampshire and their successors are hereby constituted the 
trustees of the foundation established hereunder. Said trustees 
shall receive no compensation for their services under this 
subdivision but expenses reasonably incurred by them shall be 
paid from income from funds held by the foundation. 

15-c. Powers. Said trustees may receive by gift, grant, 
devise or otherwise and may hold, possess and enjoy for the 
purposes of the foundation real and personal estate and shall 
likewise have the power to invest and reinvest its holdings of 



374 Chapter 176 [1951 

real or personal property according to the best judgment of 
the board of trustees. The income from any property real or 
personal held by said trustees under the provisions of this 
subdivision shall be expended for charitable and educational 
purposes as set forth in section 15-a. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved July 16, 1951.] 



CHAPTER 176. 

AN ACT RELATIVE TO BURIAL EXPENSES OF CERTAIN VETERANS. 

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

1. Service in Korean Conflict. Amend section 16-a of 
chapter 124 of the Revised Laws as inserted by section 5, 
chapter 167 of the Laws of 1949 by adding at the end thereof 
the following new paragraph : VL "Korean Conflict" be- 
tween June 25, 1950 and the cessation of hostilities, so that 
said section as amended shall read as follows : 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. 

IL "Philippine Insurrection" between April 12, 1899 and 
July 4, 1902 extended to July 15, 1903 for service in the Moro 
Provinces. 

in. "Boxer Rebellion" between June 16, 1900 and May 
12, 1901. 

IV. "World War I" between April 6, 1917 and November 
11, 1918 extended to April 1, 1920 for service in Russia, pro- 
vided 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. 

V. "World War 11" between December 7, 1941 and De- 
cember 31, 1946. 

VI. "Korean Conflict" between June 25, 1950 and the 
cessation of hostilities. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved July 16, 1951.] 



1951] Chapter 177 375 

CHAPTER 177. 

AN ACT NAMING CERTAIN BRIDGES IN LANCASTER AND BRADFORD, 
AND RELATIVE TO A CERTAIN RECREATIONAL ROAD IN THE 

TOWN OF Hart's Location. 

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

1. Name Given. The new bridge recently erected across 
the Connecticut river between the town of Lancaster, New 
Hampshire and Guildhall, Vermont shall hereafter be called 
and known as The Rogers Rangers Memorial Bridge and the 
new bridge recently erected in the town of Bradford across 
the Warner river on route 114 shall hereafter be called and 
known as The Mason Weare Tappan Memorial Bridge. 

2. Highway in Hart's Location. Amend section 6 of part 2 
of chapter 90 of the Revised Laws, as amended by section 2, 
chapter 215, Laws of 1947 and section 1, chapter 230, Laws of 
1949, by inserting after the word "Bartlett" in the ninth line 
the words: the Arethusa Falls road in the town of Hart's 
Location, so that said section as amended shall read as follows : 
6. Class HI Recreational Roads. The state highway depart- 
ment shall assume full control of reconstruction and mainte- 
nance of roads designated by the forestry and recreation 
commission and highway commissioner within the following 
state reservations and rights of way thereto, and such roads 
shall be known as recreational roads; Belknap State Reser- 
vation in the town of Gilford; Cathedral Ledge State Reser- 
vation in the towns of Conway and Bartlett; the Arethusa 
Falls road in the town of Hart's Location; Pillsbury State 
Reservation in the town of Washington; White Lake State 
Park in the town of Tam worth; Pawtuckaway State Reser- 
vation in the towns of Nottingham and Deerfield; Milan Hill 
State Park in the town of Milan; Cardigan State Reservation 
in the town of Orange; Kearsarge State Reservation in the 
town of Wilmot ; Mt. Sunapee State Park in the town of New- 
bury; Rhododendron State Reservation in the town of Fitz- 
william; Bear Brook State Reservation in the towns of Deer- 
field, 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 Mountain; and 



376 Chapter 178 [1951 

Monadnock State Forest Reservation in the town of Jaffrey. 
The cost of reconstruction and maintenance shall be a charge 
upon the highway funds. This section shall not be construed 
as affecting the control of the forestry and recreation depart- 
ment over parking areas or other facilities within said reser- 
vations. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved July 16, 1951.] 



CHAPTER 178. 

AN ACT TO PROVIDE FOR SHORT-FORM DEEDS. 

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

1. Purpose. For the purpose of avoiding the unnecessary 
use of words in deeds or real estate, or interests therein, the 
statutory forms herein provided are authorized. Nothing in 
this act shall be understood as preventing the use of other 
forms appropriate for the conveyance of real estate or any 
interest therein. 

2. Unnecessary Words. The word "grant" in a convey- 
ance of real estate or any interest therein shall be a sufficient 
word of conveyance without the use of words "give, bargain, 
sell, alien, enfeoff, convey and confirm" or the words "remise, 
release and forever quitclaim." No covenant shall be implied 
from the use of the word "grant." In a conveyance or reser- 
vation of real estate, the term "heirs," "assigns" or other 
technical words of inheritance or succession shall not be 
necessary to convey or reserve an estate in fee. A deed or 
reservation of real estate shall be construed to convey or re- 
serve an interest in fee simple unless a different intention 
clearly appears in the deed. 

3. Uses and Trusts. When a conveyance or devise of real 
estate is made to a grantee or devisee to a use intended to be 
executed by the statute of uses, the word "use" shall be em- 
ployed in declaring the use; and provisions introduced by the 
words "in trust" or other expressions than "use" shall be 
deemed to create trusts and not uses. If no use is declared in 
a conveyance or devise of real estate or any interest therein, 



1951] Chapter 178 377 

the same shall take effect as if it were expressed to be to the 
use of the gfrantee or devisee. 

4. Easements, Appurtenances, etc. In a conveyance of 
real estate or any interest therein, all rights, easements, 
privileges and appurtenances belonging to the granted estate or 
interest shall be deemed to be included in the conveyance, un- 
less the contrary shall be stated in the deed, and it shall be 
unnecessary in order for their inclusion to enumerate or 
mention them either generally or specifically. 

5. Statutory Form of Warranty Deed. A deed in sub- 
stance following the form appended to this section shall, when 
duly executed and delivered, have the force and effect of a 
deed in fee simple to the grantee, heirs, successors and 
assigns, to his and their own use, with covenant on the part of 
the grantor, for himself, his heirs, executors and administra- 
tors, that, at the time of the delivery of such deed, he was 
lawfully seized in fee simple of the granted premises, that the 
said premises were free from all incumbrances, except as 
stated, that he had good right to sell and convey the same to 
the grantee, his heirs, successors and assigns, and that he will, 
and his heirs, executors, and administrators shall, warrant 
and defend the same to the grantee and his heirs, successors 
and assigns, against the lawful claims and demands of all 
persons. 

(Form for warranty deed) 

, of , County, State of 

, for consideration paid, grant to 
, of , County, State of 

, with warranty covenants, the 
(Description of land or interest being conveyed : incumbrances, 
exceptions, reservations, if any) 
wife 

of said grantor, release to said grantee 
husband 
dower 
all rights of and homestead and other interests 

therein. curtesy 

Witness hand and seal this day of , 19. . . 

Witness : 

(Plere add acknowledgment) 



378 Chapter 178 [1951 

6. Statutory Form of Quitclaim Deed. A deed in sub- 
stance following the form appended to this section shall, when 
duly executed and delivered, have the force and effect of a 
deed in fee simple to the grantee, heirs, successors and assigns, 
to his and their own use, with covenants on the part of the 
grantor, for himself, his heirs, executors and administrators, 
with the grantee, his heirs, successors and assigns, that at the 
time of the delivery of such deed the premises were free from 
all incumbrances made by the grantor, except as stated, and 
that he will, and his heirs, executors and administrators shall, 
warrant and defend the same to the grantee and his heirs, 
successors and assigns forever against the lawful claims and 
demands of all persons claiming, by, through or under the 
grantor, but against none other. 

(Form for quitclaim deed) 

, of , County, State 

, for consideration paid, grant to 
, of County, State of 

with quitclaim covenants, the 

(Description of land or interest therein being conveyed: in- 
cumbrances, exceptions, reservations, if any) 
wife 
, of said grantor, release to said grantee 

husband 
dower 
all rights of and homestead and other interests 

therein. curtesy 

Witness hand and seal this day of , 19. . . 

Witness : 

(Here add acknowledgment) 

7. Statutory Form of Power of Sale Mortgage. A deed in 
substance following the form appended to this section, when 
duly executed and delivered, shall have the force and effect of 
a mortgage deed to the use of the mortgagee and his heirs, 
successors and assigns with the mortgage covenants and upon 
the statutory conditions and with the statutory power of sale 
as defined in the following three subsections : 

(a) In a conveyance' of real estate the words "mortgage 
covenants" shall include in their meaning the same meaning 
as given to "warranty covenants" in section 5 of this act. 



1951] Chapter 178 379 

(b) The words "statutory conditions," except as other- 
wise specifically stated in the mortgage, shall mean: "Pro- 
vided, nevertheless, that if the mortgagor, his heirs, executors 
and administrators, successors and assigns shall pay unto the 
mortgagee or his executors, administrators, successors or 
assigns the principal and interest secured by the mortgage, 
shall perform any and each obligation provided in the note or 
other instrument secured by the mortgage, until such payment 
and performance shall pay when due and payable all taxes, 
charges and 'assessments for which the property mortgaged 
may become liable, shall keep the buildings on said premises 
insured against fire in a sum not less than the amount secured 
by the mortgage, or as otherwise provided therein, for the 
benefit of the mortgagee and his executors, administrators, 
successors and assigns in such form as he or they shall 
approve, deliver the policies therefor to him or them, and shall 
not commit or suffer any strip or waste of the mortgaged 
premises, or any breach of any covenant in said mortgage, 
then this mortgage deed shall be void," 

(c) The words "statutory power of sale" shall be under- 
stood as giving the mortgagee and his executors, administra- 
tors, successors and assigns the right, upon any default of the 
performance of the statutory condition as above defined, or any 
other condition contained in the mortgage, to foreclose by sale 
under the provisions of Revised Laws, chapter 261, sections 
23 to 25 inclusive. 

(Form for mortgage deed, with power of sale) 
of , County, State 

of , for consideration paid, grant to 

of , County, State of , with 

mortgage covenants, to secure the payments of 
dollars, with per cent interest payable semiannually 

and also perform all the agreements and conditions as pro- 
vided in note of even date, the 

(Description of land or interest therein being conveyed: in- 
cumbrances, reservation, exceptions, if any) 
This mortgage is upon the statutory conditions, for any breach 
of which the mortgagee shall have the statutory power of 
sale. 

wife dower 

, of said mortgagor, release all rights of 

husband curtesy 



380 Chapter 178 [1951 

and homestead and other interests in the mortgaged premises. 
Witness hand and seal this day of 19... 

Witness: 

(Here add acknowledgment) 

8. Statutory Form of Fiduciary Deed. A deed in sub- 
stance following the form appended to this section shall, when 
duly executed and delivered, have the force and effect of a 
deed in fee simple to the grantee, his heirs, successors and 
assigns, to his and their own use, with covenants on the part 
of the grantor, for himself, that, at the time of the delivery of 
such deed, he was duly authorized to make the sale of the 
premises ; that in all of his proceedings in the sale thereof, he 
has complied with the requirements of the statute in such 
case provided; and that he will warrant and defend the same 
to the grantee, his heirs, successors and assigns, against the 
lawful claims of all persons claiming by, from or under him in 
the capacity aforesaid. 

(Form for fiduciary deed) 

of County, State of 

, executor under the will (administrator of the 
estate) 
(trustee under the will) (guardian) (conservator) (receiver of 
the estate) (commissioner) of 

of , by the power conferred by and every other 

power, for dollars paid, grant to , of 

, County, State of the 

(Insert description of land or interest therein being conveyed : 
incumbrances, reservations, exceptions) 

Witness hand and seal this day of 19... 

Witness: 

(Here add acknowledgment) 

9. Statutory- Form for P^oreclosure Deed Under Power of 
Sale. Where a mortgage is foreclosed under a statutory 
power of sale, the mortgagee may give a deed to the pur- 
chaser, whether the purchaser be a stranger or the mortgagee, 
in the following form: 

of , County, State of 

, holder of a mortgage from to , 

dated , recorded in Registry of Deeds, 



1951] Chapter 178 381 

Vol. , Page , by the power conferred by said mort- 

gage and every other power, for dollars 

paid, grant to of , 

County, State of , the premises con- 

veyed by said mortgage. 

Witness hand and seal this day of , 19 . . . 

Witness : 

(Here add acknowledgment) 

A deed in substance in that form shall, when duly executed 
and delivered, have the force and effect of a deed in fee simple 
to the grantee, his heirs, successors and assigns, to his and 
their own use, with covenants on the part of the grantor, 
for himself, that, at the time of the delivery of such deed, he 
was duly authorized to make sale of the premises; that in all 
of his proceedings in the sale thereof, he has complied with 
the requirements of the statute in such case provided; and 
that he will warrant and defend the same to the grantee, his 
heirs, successors and assigns, against the lawful claims of all 
persons claiming by. from or under him. 

10. Affidavit of Sale Under Power of Sale in Mortg-age. 
The affidavit required by Revised Laws, chapter 261, section 
24, may be in the following form: 

, grantor in the foregoing deed, on my oath say 
that the principal and interest (the obligation to 

) secured by the mortgage referred to in the foregoing 
deed was not paid or tendered or performed when due, and 
that I caused to be published on the , , and 

of ,19 , in , a newspaper 

published in in said County of , 

a notice of which the following is a true copy : 
(Insert copy of advertisement) 
And 1 further on oath say that I sent a copy of said notice 
on the day of , 19 , by registered mail 

to at , his last known 

address. And I further on oath say that pursuant to said 
notice, at the time and place therein appointed, I sold the 
mortgaged premises at public auction to , above 

named, for dollars bid by him, being the highest 

bid made therefor at said auction. 

(Signature) 
(Here add jurat). 



382 Chapter 179 [1951 

11. Joint Tenancy. Amend section 17 of chapter 259 of 
the Revised Laws by adding at the end thereof the following: 
The addition, following the names of the grantees in the grant- 
ing clause of a deed or devise., of the words, "as joint tenants 
with rights of survivorship" shall constitute a clear expression 
of intention to create a joint tenancy, so that said section as 
amended shall read as follows: 17. Tenants in Common. 
Every conveyance or devise of real estate made to two or more 
persons shall be construed to create an estate in common and 
not in joint tenancy, unless it shall be expressed therein that 
the estate is to be holden by the grantees or devisees as joint 
tenants, or to them and the survivor of them, or unless other 
words are used clearly expressing an intention to create a joint 
tenancy. The addition, following the names of the grantees 
in the gi*anting clause of a deed or devise of the words "as 
joint tenants with rights of survivorship" shall constitute a 
clear expression of intention to create a joint tenancy. 

12. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed, and this act shall take effect 
at midnight on the 31st day of July, 1951. 
[Approved July 17, 1951.] 



CHAPTER 179. 

AN ACT RELATING TO PAYMENT OF DIVIDENDS IN CREDIT UNIONS. 

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

1. Credit Unions. Amend section 38 of chapter 315 of the 
Revised Laws, by inserting after the word "annual" in the 
first line the words, or semi-annual; and by striking out the 
words "fiscal year" in the third line and inserting in place 
thereof the words, the dividend period, so that said section 
as amended slxall read as follows: 38. Establishment of 
Guaranty Fund. Before the payment of any annual or semi- 
annual dividend in any year there shall be set apart as a 
guaranty fund, ten per cent of the net income which has 
accumulated during the dividend period, except as hereinafter 
provided. Said fund and the investments thereof shall belong 
to the union and shall be held to meet the contingencies or 



1951] Chapter 179 383 

losses in its business. All entrance fees shall be added at once 
to the guaranty fund. 

2. Dividend Payments. Amend section 39 of chapter 315 
of the Revised Laws by inserting after the word "annual" in 
the second line the words, or semi-annual, so that said section 
as amended shall read as follows: 39. Increase, etc. Upon 
recommendation of the board of directors, the members at any 
annual or semi-annual meeting may increase, and, whenever 
said fund equals twenty per cent of the amount of the capital 
stock actually paid in, may decrease the proportion of profits 
which is required by the preceding section to be set apart as a 
guaranty fund. 

3. Dividends. Amend section 42 of chapter 315 of the 
Revised Laws by inserting after the word "preceding" in the 
third line the words, or at a semi-annual meeting a dividend 
may be declared from income which has been actually collected 
during the six months next preceding, so that said section as 
amended shall read as follows: 42. Declaring. At the 
annual meeting a dividend may be declared from income which 
has been actually collected during the fiscal year next preced- 
ing, or at a semi-annual meeting a dividend may be declared 
from income which has been actually collected during the six 
months next preceding, and which remains after the deduction 
of all expenses, losses, interest on deposits not exceeding four 
per cent per annum and the amount required to be set apart 
as a guaranty fund, or such dividend may be declared in whole 
or in part from undivided earnings of preceding years, not to 
exceed twenty per cent thereof in any one year ; provided, that 
such earnings are a part of the surplus of the union in excess 
of all requirements of the guaranty fund. 

4. Dividend Period. Amend section 43 of chapter 315 of 
the Revised Laws by striking out the words "fiscal year" in 
the second line and inserting in place thereof the words, 
dividend period; and by striking out the word "year" in the 
third line and inserting in place thereof the words, dividend 
period, so that said section as amended shall read as follows: 
43. Participation. Such dividends shall be paid on all fully 
paid shares outstanding at the close of the dividend period; 
but shares which become fully paid during the dividend period 
shall be entitled only to a proportional part of said dividend, 



384 Chapter 180 [1951 

calculated from the first day of the month following such pay- 
ment in full. 

5. Takes Effect. This act shall take effect upon its passage. 
[Approved July 17, 1951.] 



CHAPTER 180. 

AN ACT RELATIVE TO OPERATION OF MOTOR VEHICLES IN A 

GROSSLY CARELESS OR GROSSLY NEGLIGENT MANNER 

AND RELATIVE TO SUSPENSION OF LICENSES IN 

SUCH CASES. 

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

1. Motor Vehicle Operation. Amend section 12 of chapter 
118 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 12. Reckless or Care- 
less Operating. Whoever upon any way operates a vehicle 
recklessly, or so that the lives or safety of the public shall be . 
endangered, or upon a bet, wager or race, or who operates a 
vehicle for the punDose of making a record, and thereby 
violates any of the provisions of this title or any special 
regulations made by the commissioner, shall be fined not more 
than one hundred dollars, or imprisoned not more than six 
months, or both; and for a second ofl^'ense he shall be im- 
prisoned not less than one month nor more than one year. If 
the death of any person results from the reckless operation of 
a motor vehicle the person convicted of such reckless operation 
shall, in lieu of any other penalty imposed by this section, be 
fined not more than one thousand dollars, or imprisoned not 
more than five years, or both, provided that the provisions of 
this section shall not be construed to limit or restrict prose- 
cution for manslaughter. Whoever upon any way operates a 
vehicle in a grossly careless or grossly negligent manner which 
said operation does not constitute reckless operation of a 
motor vehicle and which does not result in the death of any 
person, shall be fined not more than one hundred dollars, or 
imprisoned not more than thirty days, or both. 

2. Careless Operation. Amend sections 13 and 14 of chap- 
ter 118 of the Revised Laws by striking out said sections and 



1951] Chapter 181 385 

inserting in place thereof the following: 13. Revocation of 
License. Upon a conviction of a violation of the preceding 
section the court or justice shall report to the commissioner, 
and may, for a conviction for grossly careless or grossly 
negligent operation, and shall, for conviction of any other 
violation under the preceding section, immediately revoke the 
license of the person so convicted ; and the commissioner may 
revoke the license of any person who shall be convicted of a 
similar offense by a court of any other state. 

14. Suspension. Whenever any person convicted of a 
violation of section 12 or section 16 appeals, the municipal 
court or justice may, in case of conviction for grossly careless 
or grossly negligent operation, and shall, in case of any other 
convictions under said sections, forthwith suspend the license 
of such person, and shall order him to deliver the same to the 
commissioner, who shall not reissue said license until such per- 
son is acquitted. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved July 18, 1951.] 



CHAPTER 181. 

AN ACT RELATIVE TO FEES FOR LICENSES TO HUNT OR FISH, 
AND FOR GUIDES. 

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

1. Fish and Game. Amend paragraph I of section 6 of 
chapter 247 of the Revised Laws as amended by section 1, 
chapter 217 of the Laws of 1947 by striking out said paragraph 
and inserting in place thereof the following new paragraphs: 
L If the applicant is a resident of this state and wishes to 
hunt, two dollars and twenty-five cents, and the agent shall 
thereupon issue a resident hunting license which shall entitle 
the licensee to hunt, shoot, kill or take, except by the use of 
traps, and to transport game birds and game animals under 
the restrictions of this title. I-a. If the applicant is a resi- 
dent of this state and wishes to fish, two dollars and twenty- 
five cents, and the agent shall thereupon issue a resident fish- 
ing license, which shall entitle the licensee to kill, take and 



386 Chapter 181 [1951 

transport fish and salt water smelt under the restrictions of 
this title. I-b. If the applicant is a resident of this state 
and wishes to hunt and fish, three dollars and seventy-five 
cents, and the agent shall thereupon issue a resident hunting 
and fishing license, which shall entitle the licensee to hunt, 
shoot, kill or take, except by the use of traps, and to transport 
game birds, game animals, fish, and salt water smelt, under the 
restrictions of this title. 

2. Resident Minors. Amend section 6, chapter 247 of the 
Revised Laws by inserting after paragraph II, the following 
new paragraph: Il-a. If the applicant is a resident under 
sixteen years of age and wishes to take fur-bearing animals 
by the use of traps, one dollar, and the agent shall thereupon 
issue a resident minor's trapping license, which shall entitle 
the licensee to take fur-bearing animals by the use of traps 
and sell and transport them under the restrictions of this title. 

3. Nonresidents. Amend paragraph III of section 6, chap- 
ter 247 of the Revised Laws as amended by section 2, chapter 
217 of the Laws of 1947, by striking out said paragraph and 
inserting in place thereof the following new paragraph : III. 
If the appHcant is a nonresident and wishes to hunt, twenty 
dollars, and said agent shall thereupon issue a nonresident 
hunting license which shall entitle the licensee to hunt, shoot, 
kill or take, except by the use of traps, and to transport game 
birds and game animals, under the restrictions of this title. 

4. Nonresident Minors. Amend paragraph Ill-a of sec- 
tion 6, chapter 247, Revised Laws, as inserted by section 3, 
chapter 163, Laws of 1947, by striking out said paragraph 
and inserting in place thereof the following: Ill-a. If the 
applicant is a nonresident under sixteen years of age and 
wishes to hunt, twenty dollars, and said agent shall thereupon 
issue a nonresident minor's hunting license which shall en- 
title the licensee to hunt, shoot, or take game animals when 
accompanied by another licensee twenty-one years of age or 
over, and to transport game animals under the restrictions of 
this title. 

5. Fishing. Amend paragraph IV of section 6, chapter 247 
of the Revised Laws as amended by section 3, chapter 217, 
Laws of 1947 and section 1, chapter 245, Laws of 1949, by 
striking out said paragraph and inserting in place thereof the 
following: IV. If the applicant is a nonresident and wishes 



1951] Chapter 182 387 

to take fresh water fish or salt water smelt only, six dollars, 
and the agent shall thereupon issue a nonresident fishing 
license which shall entitle the licensee to kill, take and trans- 
port fresh water fish and salt water smelt under the re- 
strictions of this title, provided 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 re- 
strictions of this title. 

6. Registration of Guides. Amend section 4 of chapter 248 
of the Revised Laws by striking out the same and inserting in 
place thereof the following: 4. Fees. Every resident appli- 
cant for a license as a guide shall pay to the director therefor 
the sum of three dollars. Every nonresident applicant for a 
license as a guide shall pay to the director therefor the sum of 
thirty dollars. 

7. No License Required. Amend chapter 245 of the Re- 
vised Laws by adding after section 57 the following new 
section: 57-a. Exception. No fishing license will be re- 
quired to take salt water smelt, by hook and line, from the 
Piscataqua river and its tributaries, south of the Memorial 
bridge. 

8. Takes Effect. This act shall take effect as of January 1, 
1952. 

[Approved July 18, 1951.] 



CHAPTER 182. 



AN ACT RELATING TO CONVERSION BETWEEN STATE AND 
NATIONAL BANKS. 

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

1. Conversion between State and National Banks. Amend 
chapter 311 of the Revised Laws by adding after section 20 
thereof the following new topic and sections : 

Conversion between State and National Banks 
21. State Bank may Become National Bank by Merger or 
Conversion. Nothing in the law of this state shall restrict 



388 Chapter 182 [1951 

the right of a state bank to merge with, consolidate with or 
convert into a resulting national bank. The action to be taken 
by such merging, consolidating or converting state bank and 
its rights and liabilities and those of its stockholders shall be 
the same as those prescribed for national banks at the time 
of the action by the law of the United States and not by the 
law of this state, except that a vote of the holders of two-thirds 
of each class of voting stock of a state bank shall be required 
for the merger, consolidation or conversion, and that on con- 
version by a state into a national bank the rights of dissent- 
ing stockholders shall be those specified in section 18 hereof. 

22. National Bank may Become State Bank by Merger. 
Upon compliance with the applicable provisions of this chapter, 
a national bank may merge with another bank or banks to 
become a state bank, except that the action by a national bank 
shall be taken in the manner prescribed by and shall be sub- 
ject to limitations and requirements imposed by the law of 
the United States which will also govern the rights of its 
dissenting stockholders. 

23. National Bank may Convert into State Bank. A 
national bank located in this state which follows the pro- 
cedure prescribed by the laws of the United States to convert 
into a state bank, shall be granted a certificate of incorpora- 
tion in this state if the board of trust company incorporation 
finds that the bank meets the standards as to location of office, 
capital structure and business experience of officers and 
directors for the incorporation of a state bank. 

24. Application for State Charter. The converting 
national bank may apply for such certificate of incorporation 
by fihng with the board of trust company incorporation an 
appHcation signed under oath by its president and cashier and 
by a majority of its entire board of directors setting forth: 

I. The corporate action taken in compliance with the 
provisions of the laws of the United States governing the con- 
version of the national to a state bank. 

II. The articles of association or agreement, approved 
by the stockholders, for the government of tlie bank as a state 
bank. 

25. Approval of Application. The board of trust com- 
pany incorporation upon being satisfied that such application 
conforms to law shall indorse its approval thereon and there- 



1951] Chapters 193, 184 389 

upon said application shall be filed in the office of the secre- 
tary of state, who, upon payment of a fee equal to one-tenth 
of one per cent of the capital stock of said corporation as set 
forth in said articles shall cause the same, with the approval 
indorsed thereon, to be recorded and shall issue a certificate 
of incorporation as prescribed in section 18 of chapter 313. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved July 18, 1951.] 



CHAPTER 183. 

AN ACT RELATIVE TO BORROWING BY MUNICIPAL CORPORATIONS. 

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

1. Municipal Bonds. Amend chapter 72 of the Revised 
Laws by inserting after section 7-a as inserted by chapter 78 
of the Laws of 1949, the following new section: 7-b. 
Computation of Debt Limit. In the determination of the debt 
limit under the provisions of section 7, counties, cities, towns, 
school districts and village districts shall be entitled to base 
such determination on their last assessed valuation plus the 
average assessed valuation of the growing wood and timber of 
the respective municipality for the years 1944 to 1948 in- 
clusive, as determined by the tax commission under the pro- 
visions of section 18 of chapter 79-A of the Revised Laws, as 
inserted by chapter 295 of the Laws of 1949 and as amended 
by section 6, chapter 12, Laws of 1951. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved July 18, 1951.] 



CHAPTER 184. 



AN ACT RELATIVE TO ERECTION OF TELEVISION POWER POLES AND 
OTHER STRUCTURES IN PUBLIC HIGHWAYS. 

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

1. Television Structures. Amend section 1, part 24, chap- 
ter 90 of the Revised Laws as inserted by chapter 188 of the 



390 Chapter 185 [1951 

Laws of 1945, by inserting after the word "telegraph" in the 
first line the word, television, so that said section as amended 
shall read as follows: 1. Authority to Erect. Telegraph, 
television, telephone, electric light and electric power poles 
and structures and underground conduits and cables, with 
their respective attachments and appurtenances may be 
erected, installed and maintained in any public highway and 
the necessary and proper wires and cables may be supported 
on such poles and structures or carried across or placed under 
any such highway by any person, copartnership or corpo- 
ration as provided in this chapter and not otherwise. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved July 18, 1951.] 



CHAPTER 185. 



AN ACT TO ESTABLISH THE RIGHTS AND PRIVILEGES OF OFFICERS 

AND EMPLOYEES OF THE STATE WHO ENTER INTO THE 

ARMED FORCES OF THE UNITED STATES. 

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

1. Definitions. For the purposes of this chapter, the 
following words shall mean: 

I. "Armed Forces of the United States" shall include 
active service in any branch of the armed forces of the United 
States and women's auxiliaries thereof, the members of which 
are subject to and under military law. 

IL "Present emergency" shall be defined as the period 
beginning on June 27, 1950 and ending at such later time as 
the governor by public proclamation declares the end of the 
present emergency. 

2. Acting Heads of Departments. In case the head of any 
state department or institution, or a member of any state 
agency, board or commission, except a per diem or not com- 
pensated member, has entered or is ordered into or enlists in 
the armed forces of the United States, in connection with 
the strengthening of the national defense in the present 
emergency, the governor, with the approval of the council. 



1951] Chapter 185 391 

may appoint an acting head or member who shall have all the 
powers, perform all the duties and assume all the responsi- 
bilities of the person for whom he is acting, except that the 
supreme court may appoint any such acting members of the 
state tax commission. 

3. Other Officials and Employees. In case any other 
official or permanent classified state employee has entered or 
is ordered into or enlists in the armed forces of the United 
States in such emergency, the appointing or employing 
authority of such official or employee under the present law 
may appoint or employ an acting official or employee who shall 
have all the powers, perform all the duties and assume all the 
responsibilities of such official or employee for whom he is 
acting. 

4. Termination of Powers. The power, duties and com- 
pensation of any department head, of any member of a state 
agency, board or commission, or of any other state official or 
employee shall temporarily cease upon such entry in the armed 
forces of the United States, and the appointment, under au- 
thority hereof, of any acting member of any state agency, 
board or commission shall in no manner be deemed to be an 
enlargement of the legally prescribed membership of such 
agency, board or commission. 

5. Term of Office. The term of office of any person 
appointed under authority hereof shall end upon the day prior 
to that on which the person for whom the temporary officer or 
employee of the state has been acting resumes his former 
position, or the equivalent thereof as provided elsewhere in 
this act. If any such person, temporarily absent from his 
state employment as a member of the armed forces of the 
United States, becomes physically disabled while in such 
military service to a degree which, in the judgment of the 
governor and council, disqualifies him from the performance 
of his former state duties, or if such person shall die while 
in the armed forces of the United States, the person who is 
acting in his absence shall hold office until the vacancy has by 
law been filled (if it is a position which comes within the 
meaning of section 2 of this act) or, in the cases of other 
officials and employees provided for in section 3 of this act, 
shall continue to have all the powers, perform all the duties 



392 Chapter 185 [1951 

and assume all the responsibilities of the position he has 
temporarily been occupying. 

6. Compensation. The compensation of any person 
appointed, under the authority hereof, shall be determined by 
the same statutory authority or law as the compensation of 
the person for whom such person is acting. 

7. Term Held in Abeyance. The term of office of any em- 
ployee other than those elected by the general court entering 
the armed forces of the United States for which a temporary 
appointment is authorized under this chapter shall be held in 
abeyance during the continuance of such service. The re- 
mainder of said term shall not begin to run until sixty days 
after the person is discharged or has a right to discharge from 
the armed forces of the United States. If the unexpired term 
is not applied for as provided in section 8, the unexpired term 
shall be completed by the person appointed under section 2. 

8. Reinstatement of Employees. Any state employee who 
left or leaves to enter the armed forces of the United States 
shall be reinstated after such service in the armed forces, 
provided he makes application therefor within sixty days after 
his discharge from such service. In the event that any such 
state employee is discharged from the armed forces of the 
United States because of physical disability which requires a 
period greater than sixty days but not longer than one year in 
which to recuperate to an extent which will render him 
physically qualified to resume his former state duties, upon 
application in writing to that effect (substantiated by a certifi- 
cate from a medical physician), filed with the appointing or 
employing authority of such person within a period of sixty 
days following discharge from the armed forces, the limiting 
period of sixty days specified in sections 7 and 8 of this act 
shall be extended to a period of not more than one year. No 
person shall be entitled to reinstatement in the event of his 
dishonorable discharge from such service in the armed forces 
of the United States. Under the provisions of this chapter 
any former employee of the state shall be entitled to all in- 
creases in compensation and to any within-department pro- 
motion or advantage which would have accrued to him had he 
continued in state service during the time of this service in the 
araied forces, provided, however, such employee shall have to 
his credit only the same number of days sick leave as had 



1951] Chapter 185 393 

accrued to him at the time of his entry into the armed forces. 
If during the absence of such persons from the state service 
there has been any change in the organization of the depart- 
ment, board or commission, or other state agency in which 
the veteran was formerly employed, so that the position 
formerly held is no longer existent in fact, or if the position 
formerly held has become technically non-existent by reason 
of retitling, consolidation with another position or positions, 
or subdivision of responsibilities into other positions, the 
veteran shall, without undue delay, be entitled to appointment 
to a position in the reorganized department, board or commis- 
sion, which shall in standing and status be equivalent to the 
position held by him prior to his entry into the armed forces of 
the United States and carrying compensation at no lesser rate. 
Provided that if a veteran shall be reinstated in a reorganized 
department, board or commission, as provided in the preceding 
sentence, said department, board or commission shall, upon 
such reinstatement, unless need and an appropriation for an 
additional employee exists, immediately decrease its personnel 
by the discharge of one of its other employees, it being the in- 
tention of the legislature that in such an event the reinstate- 
ment of the veteran shall not unnecessarily increase the num- 
ber of employees of said department, board or commission. 

9. Leave of Absence for Employees Who Are Not Accepted 
for Military Duty. Any employee or official shall be granted a 
leave of absence for the purpose of receiving an armed forces 
pre-induction physical examination upon order issued by the 
selective service system or otherwise entering upon active 
federal military service. If not accepted for such service, the 
employee or official shall promptly be reinstated in his position 
without loss of seniority or status, or reduction in his rate of 
pay and without prejudice. During such period the employee 
or official shall for all purposes be considered to have rendered 
services and to have been compensated therefor at his regular 
rate of pay. 

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

[Approved July 19, 1951.] 



394 Chapters 186, 187 [1951 

CHAPTER 186. 

AN ACT RELATIVE TO LICENSING OF HAWKERS AND PEDDLERS. 

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

1. Exceptions. Amend section 3 of chapter 188 of the 
Revised Laws by striking out the same and inserting in place 
thereof the following: 3. Exceptions. The provisions of 
this chapter relating to hawkers and peddlers shall not apply- 
to any person selling the product of his own labor or the 
labor of his family or the product of his own farm or the one 
he tills. 

2. State Licenses. Amend section 8 of chapter 188 of the 
Revised Laws by striking out the word "fifty" and inserting 
the word, ten, before the word "dollars" in the third line 
thereof, so that said section shall read as follows: 8. State 
Licenses. The secretary of state, upon compliance with sec- 
tion 4, shall grant special state licenses upon the payment by 
the applicant of ten dollars for the use of the state as a state 
license fee, and the person so licensed may do business as a 
hawker or peddler in any city or town in this state, without 
further payments. 

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

[Approved July 23, 1951.] 



CHAPTER 187. 

AN ACT RELATING TO THE RECIPROCAL ENFORCEMENT 
OF SUPPORT. 

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

Part I 
General Provisions 
1. Purposes. The purposes of this act are to improve and 
extend by reciprocal legislation the enforcement of duties of 
support and to make uniform the law with respect thereto. 



1951] ' Chapter 187 395 

2. Definitioxis. As used in this act unless the context re- 
quires otherwise, 

I. "State" includes any state, territory or possession of 
the United States and the District of Columbia in which this or 
a substantially similar reciprocal law has been enacted, 

II. "Initiating state" means any state in which a pro- 
ceeding pursuant to this or a substantially similar reciprocal 
law is commenced. 

III. "Responding state" means any state in which any 
proceeding pursuant to the proceeding in the initiating state is 
or may be commenced. 

IV. "Court" means the superior court of this state and 
when the context requires, means the court of any other state 
as defined in a substantially similar reciprocal law. 

V. "Law" includes both common and statute law. 

VI. "Duty of support" includes any duty of support im- 
posed or imposable by law, or by any court order, decree or 
judgment, whether interlocutory or final, whether incidental 
to a proceeding for divorce, legal separation, separate main- 
tenance or otherwise. 

VII. "Obligor" means any person owing a duty of 
support. 

VIII. "Obligee" means any person to whom a duty of 
support is owed. 

3. Remedies Additional to Those now Existing. The re- 
medies provided in part III hereof are in addition to and not 
in substitution for any other remedies. 

4. Extent of Duties of Support. The duty of support im- 
posed by the laws of this state or by the laws of the state 
where the obligee was present when the failure to support 
commenced as provided in section 7 and the remedies pro- 
vided for enforcement thereof, including any penalty imposed 
thereby, bind the obligor regardless of the presence or resi- 
dence of the obligee. 

Part II 
Criminal Enforcement 

5. Interstate Rendition. In any case wherein the obligee 
has previously initiated appropriate civil procedures which 
are still pending in this state or any other state of the United 



396 Chapter 187 [1951 

States to compel the rendition of support alleged to be due, 
the governor of this state (1) may demand from the governor 
of any other state the surrender of any person found in such 
other state who is charged in this state with the crime of 
failing to provide for the support of any person in this state 
and (2) may surrender on demand by the governor of any 
other state any person found in this state who is charged in 
such other state with the crime of failing to provide for the 
support of a person in such other state. The provision for 
extradition of criminals not inconsistent herewith shall apply 
to any such demand although the person whose surrender is 
demanded was not in the demanding state at the time of the 
commission of the crime and although he had not fled there- 
from. Neither the demand, the oath nor any proceedings for 
extradition pursuant to this section need state or show that 
the person whose surrender is demanded has fled from justice, 
or at the time of the commission of the crime was in the 
demanding or the other state. 

6. Relief from the above Provisions. Any obligor contem- 
plated by section 5, who submits to the jurisdiction of the 
court of such other state and complies with the court's order 
of support, or who responds to and complies with any lawful 
order of the superior court of this state made in any proceed- 
ings brought under part III of this act, shall be relieved of 
extradition for desertion or non-support entered in the courts 
of this state during the period of such compliance. 

Part III 
Civil Enforcement 

7. What Duties are Enforceable. Duties of support en- 
forceable under this law are those imposed or imposable under 
the laws of any state where the alleged obligor was present 
during the period for which support is sought or where the 
obligee was present when the failure to support commenced 
at the election of the obligee. 

8. Remedies of a State or Political Subdivision Thereof 
Furnishing Support. Whenever the state or a political sub- 
division thereof has furnished support to an obligee it shall 
have the same right to invoke the provisions hereof as the 
obligee to whom the support was furnished for the purpose 
of securing reimbursement of expenditures so made by in- 
voking the provisions of part III of this act. 



1951] Chapter 187 397 

9. How Duties of Support are Enforced. All duties of 
support are enforceable by petition irrespective of relation- 
ship between the obligor and obligee. Jurisdiction of all pro- 
ceedings hereunder shall be vested in the superior court. 

10. Contents of Petition for Support. The petition shall 
be verified and shall state the name and, so far as known to 
the petitioner, the address and circumstances of the defendant 
and his dependents for whom support is sought and all other 
pertinent information. 

11. Duty of Court of This State as Initiating State. If the 
court of this state acting as an initiating state finds that the 
petition sets forth facts from which it may be determined 
that the defendant owes a duty of support and that a court 
of the responding state may obtain jurisdiction of the defend- 
ant or his property, he shall so certify and shall cause certified 
copies of the petition, the certificate and an authenticated 
copy of this act to be transmitted to the court of the re- 
sponding state. 

12. Duty of the Court of This State as Responding State. 

When the court of this state, acting as a responding state, 
receives from the court of an initiating state the aforesaid 
copies, it shall (1) docket the cause, (2) notify the county 
solicitor, (3) set a time and place for a hearing, and (4) take 
such action as is necessary in accordance with the laws of 
this state to obtain jurisdiction. 

13. Order of Support. If the court of the responding state 
finds a duty of support, it may order the defendant to furnish 
support or reimbursement therefor and subject the property 
of the defendant to such order. 

14. Responding State to Transmit Copies to Initiating 
State. The court of this state when acting as a responding 
state shall cause to be transmitted to the court of the initiat- 
ing state a copy of all orders of support or for reimbursement 
therefor. 

15. Additional Powers of Court. In addition to the fore- 
going powers, the court of this state when acting as the 
responding state has the power to subject the defendant to 
such terms and conditions as the court may deem proper to 
assure compliance with its orders and in particular: (a) To 
require the defendant to furnish recognizance in the form of 
a cash deposit or bond of such character and in such amount 



398 Chapter 187 [1951 

as the court may deem proper to assure payment of any 
amount required to be paid by the defendant; (b) To require 
the defendant to make payments at specified intervals to the 
probation department or the obligee and to report personally 
to such probation department at such times as may be deemed 
necessary; (c) To punish the defendant who shall violate any 
order of the court to the same extent as is provided by law 
for contempt of the court in any other suit or proceeding 
cognizable by the court. 

16. Additional Duties of the Court of This State When 
Acting as a Responding State. The court of this state when 
acting as a responding state shall have the following duties 
which may be carried out through the probation department: 

(a) Upon the receipt of a payment made by the defendant 
pursuant to any order of the court or otherwise, to transmit 
the same forthwith to the court of the initiating state, and 

(b) Upon request to furnish to the court of the initiating 
state a certified statement of all payments made by the de- 
fendant. 

17. Additional Duty of the Court of This State When Act- 
ing as an Initiating State. The court of this state when act- 
ing as an initiating state shall have the duty which may be 
carried out through the probation department to receive and 
disburse forthwith all payments made by the defendant or 
transmitted by the court of the responding state. 

18. Evidence of Husband and Wife. Laws attaching a 
privilege against the disclosure of communications between 
husband and wife are inapplicable to proceedings under this 
act. 

19. Evidence. The rules of evidence applicable to marital 
proceedings generally shall be applicable to proceedings under 
part III of this act. 

20. County Solicitor. It shall be the duty of the county 
solicitor upon the request of any judge of the superior court, 
the state department of public welfare, a county commissioner 
or overseer of the poor to represent the plaintiff in any pro- 
ceeding under this chapter, 

21. Severability. If any provision hereof or the applica- 
tion thereof to any person or circumstance is held invalid, 
such invalidity shall not afi'ect other provisions or applications 
of the act which can be given effect without the invalid pro- 



1951] Chapter 188 399 

vision or application, and to this end the provisions of this 
act are declared to be severable. 

22. Repeal. Chapter 153 of the Laws of 1949 is hereby 
repealed. Proceedings begun thereunder may be continued 
under this chapter. 

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

[Approved July 25, 1951.] 



CHAPTER 188. 



AN ACT EMPOWERING TOWNS AND CITIES TO ESTABLISH A FUND 
FOR AERONAUTICAL PURPOSES. 

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

1. Towns and Cities. Amend chapter 51 of the Revised 
Laws by inserting after section 76 the following new sections : 
76-a. Authorization, Use and Transfer of Town Aeronautical 
Funds. Towns and cities are hereby authorized to establish 
an aeronautical fund for the purposes hereinafter set forth. 
All tolls, charges, rents or other fees collected by towns or 
cities for the use of the landing area under the provisions of 
this chapter and all unexpended balances of appropriations 
for aeronautical purposes shall be paid into said fund. The 
moneys in each aeronautical fund shall be kept in a separate 
account and not intermingled with other funds of the munici- 
pality. Said town aeronautical fund shall not lapse and the 
unexpended balance of said fund shall be carried forward 
and added to the appropriation for the subsequent year. 

76-b. Restricted Use of Town Aeronautical Funds. These 
funds shall be used solely for aeronautical purposes, including 
but not limited to the acquisition, construction, maintenance, 
operation and management of any air navigation facility 
jointly, individually or severally owned or operated in whole 
or in part by the town or city or an instrumentality thereof, 
state or any political subdivision thereof or the United States 
or its instrumentalities or political subdivision. 

76-c. Transfer of Aeronautical Funds. Any town may, by 
vote at the annual meeting, authorize the transfer of any 



400 Chapter 189 [1951 

part of its aeronautical fund to the New Hampshire Aero- 
nautics Commission for use for purposes authorized under 
section 76-b. The town or city transferring such funds may- 
specify the purpose for which such funds may be expended. 
A city may authorize such transfer by vote of the city council. 
Funds so transferred to the commission shall not be subject 
to the budgetary limitation of section 32 of chapter 306 of 
the Revised Laws as inserted by section 9, chapter 281, Laws 
of 1947. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 25, 1951] 



CHAPTER 189. 

AN ACT RELATIVE TO UNEXPENDED BALANCES OF AMOUNTS 

APPROPRIATED BY CAPITAL BUDGET CHAPTERS 210 OP THE LAWS 

OF 1945 OR CHAPTER 294 OF THE LAWS OF 1947. 

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

1. Crediting Accounts. On or before September 1, 1951, 
in the event that there are unexpended balances of the 
amounts appropriated by capital budget chapter 210 of the 
Laws of 1945 or chapter 294 of the Laws of 1947, the acting 
director of accounts, subject to the direction and supervision 
of the comptroller, shall apply or credit such unexpended bal- 
ances against any overexpended capital budget accounts. 

2. Appropriation. The sum of $27,000 is hereby appro- 
priated for purposes of offsetting the net overexpended capital 
budget accounts after application or crediting of the unex- 
pended balances as provided in section 1. 

3. Bonds and Notes Authorized. To provide funds for the 
appropriations made in section 2 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 twenty-seven thousand dollars ($27,000), and for 
such purpose may issue bonds and notes in the name and on 
behalf of the state of New Hampshire. The governor and 
council shall determine the form of such notes or bonds, their 



1951] Chapter 190 401 

rate of interest, and the dates when interest shall be paid, 
tlie places where principal and interest shall be paid, and 
the time or times of issue. Such bonds or notes shall be signed 
by the treasurer and countersigned by the governor and shall 
be deemed a pledge of the faith and credit of the state. The 
proceeds of the sale of such bonds and notes shall be held by 
the treasurer and paid out by him upon warrants drawn by 
the governor for purposes of this act alone, and the governor, 
with the advice and consent of the council, shall draw his 
warrants for the payment from the funds provided for herein 
of all sums expended or due for the purposes herein author- 
ized. Such bonds or notes may be negotiated and sold by the 
treasurer by direction of the governor and council as they 
deem to be most advantageous to the state. 

4. Short Term Notes. Prior to the issuance of the bonds 
or notes hereunder, the treasurer, under the direction of the 
governor and council, may for the purposes hereof borrow 
money from time to time on short term loans, which may be 
refunded by the issuance of the bonds or notes hereunder. Pro- 
vided, however, that at no one time shall the indebtedness of 
the state on such short term loans exceed the sum of twenty- 
seven thousand dollars ($27,000). 

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

[Approved July 25, 1951] 



CHAPTER 190. 



AN ACT RATIFYING A PROPOSED COMPACT WITH CERTAIN STATES 

SPECIFIED PROVIDING FOR ABATEMENT OF EXISTING POLLUTION 

AND CONTROL OF FUTURE POLLUTION OF INTERSTATE WATERS. 

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

1. Ratification. The state water pollution commission is 
hereby authorized to enter into a compact with any one or 
more of the states of Maine, Vermont, Rhode Island, Connec- 
ticut and New York and the Commonwealth of Massachusetts, 
as follows : 



402 Chapter 190 [1951 

New Englaind Interstate Water Pollution Control Compact 

Whereas, The growth of population and the development 
of the territory of the New England states has resulted in 
serious pollution of certain interstate streams, ponds and 
lakes, and of tidal waters ebbing and flowing past the bound- 
aries of two or more states ; and 

Whereas, Such pollution constitutes a menance to the 
health, welfare and economic prosperity of the people living 
in such areas ; and 

Whereas, The abatement of existing pollution and the 
control of future pollution in the interstate waters of the New 
England area are of prime importance to the people and can 
best be accomplished through the cooperation of the New 
England states in the establishment of an interstate agency 
to work with the states in the field of pollution abatement; 

Now, therefore, the states of Connecticut, Maine, Massa- 
chusetts, New Hampshire, Rhode Island and Vermont do 
agree and are bound as follows: 

Article 1. It is agreed between the signatory states that 
the provisions of this compact shall apply to streams, ponds 
and lakes which are contiguous to two or more signatory 
states or which flow through two or more signatory states or 
which have a tributary contiguous to two or more signatory 
states or flowing through two or more signatory states, and 
also shall apply to tidal waters ebbing and flowing past the 
boundaries of two states. 

Article II. There is hereby created the New England Inter- 
state Water Pollution Control Commission (hereinafter refer- 
red to as the commission) which shall be a body corporate 
and politic, having the powers, duties and jurisdiction herein 
enumerated and such other and additional powers as shall be 
conferred upon it by the act or acts of a signatory state con- 
curred in by the others. 

Article III. The commission shall consist of five commis- 
sioners from each signatory state, each of whom shall be a 
resident voter of the state from which he is appointed. The 
commissioners shall be chosen in the manner and for the 
terms provided by law of the state from which they shall be 
appointed. For each state there shall be on the commission a 
member representing the state health department, a member 
representing the state water pollution control board (if such 



1951] Chapter 190 403 

exists), and, except where a state in its enabling- legislation 
decides that the best interests of the state will be otherwise 
served, a member representing- municipal interests, a member 
representing- industrial interests, and a member representing 
an agency acting- for fisheries or conservation. 

Article IV. The commission shall annually elect from its 
members a chairman and vice chairman and shall appoint and 
at its pleasure remove or discharge such officers. It may 
appoint and employ a secretary who shall be a professional 
engineer versed in water pollution and may employ such 
stenographic or clerical employees as shall be necessary, and 
at its pleasure remove or discharge such employees. It shall 
adopt a seal and suitable by-laws and shall promulgate rules 
and regulations for its management and control. It may main- 
tain an office for the transaction of its business and may meet 
at any time or place within the signatory states. Meetings 
shall be held at least twice each year. A majority of the mem- 
bers shall constitute a quorum for the transaction of business, 
but no action of the commission imposing any obligation on 
any signatory state or on any municipal agency or subdivision 
thereof or on any person, firm or corporation therein shall be 
binding unless a majority of the members from such signa- 
tory state shall have voted in favor thereof. Where meetings 
are planned to discuss matters relevant to problems of water 
pollution control affecting only certain of the signatory states, 
the commission may vote to authorize special meetings of the 
commissioners of the states especially concerned. The commis- 
sion shall keep accurate accounts of all receipts and disburse- 
ments and shall make an annual report to the governor and 
the legislature of each signatory state setting forth in detail 
the operations and transactions conducted by it pursuant to 
this compact, and shall make recommendations for any legis- 
lative action deemed by it advisable, including amendments 
to the statutes of the signatory states which may be necessary 
to carry out the intent and purpose of this compact. The com- 
mission shall not incur any obligations for salaries, office, 
administrative, traveling or other expenses prior to the allot- 
ment of funds by the signatory states adequate to meet the 
same; nor shall the commission pledge the credit of any of 
the signatory states. Each signatory state reserves the right 
to provide hereafter by law for the examination and audit of 
the accounts of the commission. The commission shall appoint 



404 Chapter 190 [1951 

a treasurer who may be a member of the commission, and 
disbursements by the commission shall be valid only when 
authorized by the commission and when vouchers therefor 
have been signed by the secretary and countersigned by the 
treasurer. The secretary shall be custodian of the records of 
the commission with authority to attest to and certify such 
records or copies thereof. 

Article V. It is recognized, owing to such variable factors 
as location, size, character and flow and the many varied uses 
of the waters subject to the terms of this compact, that no 
single standard of sewage and waste treatment and no single 
standard of quality of receiving waters is practical and that 
the degree of treatment of sewage and industrial wastes 
should take into account the classification of the receiving 
waters according to present and proposed highest use, such 
as for drinking water supply, industrial and agricultural uses, 
bathing and other recreational purposes, maintenance and 
propagation of fish life, shellfish culture, navigation and dis- 
posal of wastes. 

The commission shall establish reasonable physical, chemi- 
cal and bacteriological standards of water quality satisfactory 
for various classifications of use. It is agreed that each of 
the signatory states through appropriate agencies will pre- 
pare a classification of its interstate waters in entirety or 
by portions according to present and proposed highest use 
and for this purpose technical experts employed by state 
departments of health and state water pollution control 
agencies are authorized to confer on questions relating to 
classification of interstate waters atf ecting two or more states. 
Each signatory state agrees to submit its classification of its 
interstate waters to the commission for approval. It is agreed 
that after such approval, all signatory states through their 
appropriate state health departments and water pollution con- 
trol agencies will work to establish programs of treatment of 
sewage and industrial wastes which will meet standards 
established by the commission for classified waters. The com- 
mission may from time to time make such changes in defini- 
tions of classifications and in standards as may be required 
by changed conditions or as may be necessary for uniformity. 

Article VI. Each of the signatory states pledges to provide 
for the abatement of existing pollution and for the control of 
future pollution of interstate inland and tidal waters as de- 



1951] Chapter 190 405 

scribed in Article I, and to put and maintain the waters there- 
of in a satisfactory condition consistent with the highest 
classified use of each body of water. 

Article VII. Nothing- in this compact shall be construed 
to repeal or prevent the enactment of any legislation or pre- 
vent the enforcement of any requirement by any signatory 
state imposing any additional condition or restriction to fur- 
ther lessen the pollution of waters within its jurisdiction. 
Nothing herein contained shall affect or abate any action now 
pending brought by any governmental board or body created 
by or existing under any of the signatory states. 

Article VIII. The signatory states agree to appropriate 
for the salaries, office, administrative, travel and other ex- 
penses such sum or sums as shall be recommended by the com- 
mission. The commonwealth of Massachusetts obligates itself 
only to the extent of sixty-five hundred dollars in any one 
year, the state of Connecticut only to the extent of three 
thousand dollars in any one year, the state of Rhode Island 
only to the extent of fifteen hundred dollars in any one year, 
and the states of New Hampshire, Maine, and Vermont each 
only to the extent of one thousand dollars in any one year. 

Article IX. Should any part of this compact be held to be 
contrary to the constitution of any signatory state or of the 
United States, all other parts thereof shall continue to be in 
full force and effect. 

Article X. The commission is authorized to discuss with 
appropriate state agencies in New York state questions of 
pollution of waters which flow into the New England area 
from New York State or vice versa and to further the estab- 
lishment of agreements on pollution abatement to promote 
the interests of the New York and New England areas. When- 
ever the the commission by majority vote of the members of 
each signatory state shall have given its approval and the 
state of New York shall have taken the necessary action to 
do so, the state of New York shall be a party to this compact 
for the purpose of controlling and abating the pollution of 
waterways common to New York and the New England states 
signatory to this compact but excluding the waters under the 
jurisdiction of the Interstate Sanitation Commission (New 
York, New Jersey and Connecticut). 



406 Chapter 190 [1951 

Article XL This compact shall become effective immedi- 
ately upon the adoption of the compact by any two contig^u- 
ous states of New Eng-land but only in so far as applies to 
those states and upon approval by Federal law. Thereafter 
upon ratification by other contiguous states, it shall also be- 
come effective as to those states. 

2. Procedure. Whenever the state water pollution com- 
mission shall have entered into the compact substantially in 
the form set forth in section 1 with the duly authorized 
agency of any of the states specified in said section, it shall 
file a certified copy of such compact in the office of the secre- 
tary of state and shall notify the governor of its action. Such 
compact shall thereupon become effective and operative as be- 
tween this state and such other state or states, subject to 
the consent of the Congress of the United States, which the 
governor shall take such steps as may be necessary to ob- 
tain. The governor is hereby authorized and requested, upon 
receiving notice of the filing of the required copy thereof in 
the ofRce of the secretary of state, to notify forthwith the 
g-overnors of the specified states and the President of the 
United States, that the state on its part has ratified and ex- 
ecuted said compact. The original notice of ratification re- 
ceived from the governor or other duly authorized official of 
any state joining in said compact shall be filed with the offi- 
cial copy of said compact in the oflfice of the secretary of state, 
and such notice, if any as may be received from the President 
or the Congress of the United States, signifying the consent 
of the Congress to said compact, shall be filed in the same 
manner. 

3. Commissioners. After the aforesaid compact shall be- 
come effective and operative as provided in section 2, the 
governor, with advice and consent of the council, shall desig- 
nate or appoint five persons to serve as commissioners to the 
New England Interstate Water Pollution Control Commission, 
hereinafter called the commission. One of such commissioners 
shall be an employee of the state department of health, and 
the other four commissioners shall be appointed from the 
membership of the New Hampshire water pollution commis- 
sion, one of whom shall be the chairman of said commission 
ex-officio. Said commissioners, except the chairman of the 
New Hampshire water pollution commission, shall hold office 
for a term of four years each. Vacancies shall be filled for the 



1951] Chapter 190 407 

remainder of unexpired terms, in the same manner as original 
appointments are made. The terms of commissioners first ap- 
pointed shall begin on the date when the compact aforesaid 
becomes effective and operative in accordance with section 2, 

4. Compensation. Each commissioner designated or ap- 
pointed by the governor who, while such commissioner, holds 
no salaried state office, shall be paid by the state as compensa- 
tion the sum of thirtj^ dollars for each day's service performed 
in connection with his duties as such commissioner, but not 
to exceed six hundred dollars in any fiscal year. All commis- 
sioners shall be entitled to their actual expenses incurred in 
the performance of their duties as such. 

5. Reports. The commissioners on the part of the state 
shall obtain accurate accounts of all the commission's receipts 
and disbursements and shall report to the governor and the 
comptroller annually on or before the fifteenth day of Septem- 
ber, setting forth in such detail as the comptroller may re- 
quire the transactions of the commission for the fiscal year 
ending on the preceding June thirtieth. They shall include in 
such report recommendations for any legislative action that 
the commission deems advisable, including such amendments 
or additions to the laws of the state as may be necessary or 
desirable to carry out the intent and purposes of the New 
England interstate water pollution control compact among the 
states joining therein. 

6. Appropriation. The sum of four thousand dollars for 
the fiscal year ending June 30, 1952 and a like sum for the 
fiscal year ending June 30, 1953 are hereby appropriated for 
the purposes of this act. The governor is authorized to draw 
his warrant for said sums out of any money in the treasury 
not otherwise appropriated. 

7. Repeal. Any portion of section 19 of chapter 266 of 
the Revised Laws or chapter 259 of the Laws of 1947 which 
are inconsistent herewith are hereby repealed. 

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

[Approved July 30, 1951.] 



408 Chapter 191 [1951 

CHAPTER 191. 

AN ACT TO REHABILITATE THE GENERAL FUND OF THE STATE 
TREASURY FOR FUNDS INVESTED IN LIQUOR IN\^NTORY. 

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

1. State Borrowing. To provide funds for the purpose of 
rehabilitating the general funds of the state treasury for 
funds invested in liquor inventory, 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 three million dollars ($3,000,000). 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 maturities, the places where principal and in- 
terest 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. 

2. 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. 

3. Payments into Special Fund. If the average value of 
the liquor inventory during any twelve month period shall be 
reduced below three million dollars ($3,000,000), the difference 
shall be credited by the state treasurer to a special fund to 
be applied to the reduction of the debt created by this act. 
Pending application of these funds to the reduction of said 
debt, the state treasurer, with the approval of the governor 
and council, may invest said funds in obligations of the United 
States Treasury and any revenue received from said invest- 
ment of said funds shall be credited to the special fund pro- 
vided by chapter 126 of the Laws of 1931 as amended. 

4. Proceeds from Sale. The proceeds of the sale of such 
bonds or notes shall be paid into the general funds of the 
state. 

5. Accounts. The secretary of state shall keep an account 
of all such bonds or notes countersigned by the governor, 
showing the number and amount of each bond or note, the 
time of countersigning, the date of delivery to the treasurer 



1951] Chapter 192 409 

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. 

6. 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 three 
million dollars. 

7. 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 ad- 
vertisement 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 high- 
est 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. 

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

[Approved July 31, 1951.] 



CHAPTER 192. 

AN ACT MAKING TEMPORARY APPROPRIATIONS FOR THE 

EXPENSES OF THE STATE OF NEW HAMPSHIRE FOR THE MONTH 

OF AUGUST, 1951. 

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, and prior to the passage 
of the said budget acts ; now therefore 

Be it enacted hy 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 



410 Chapter 193 [1951 

of August, 1951, the sum of four million dollars, or so much 
thereof as may be necessary, to be expended in the manner 
hereinafter provided, that is to say, one million seven hun- 
dred ninety thousand dollars from general funds; one million 
three hundred thousand dollars from highway funds; eight 
hundred seventy-five thousand dollars from special funds; 
thirty-five thousand dollars from fish and game funds. 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 treas- 
ury 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 appropriations to be made sub- 
sequently by the legislature for the fiscal year ending June 
30, 1952'. 

2. Provisions of LaAv. 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 August 
1, 1951 and shall continue in effect until September 1, 1951, 
unless the appropriation acts for the ensuing biennium are 
sooner enacted in which event the appropriations herein pro- 
vided shall thereupon lapse. 

[Approved July 31, 1951.] 



CHAPTER 193. 

AN ACT RELATIVE TO SUBVERSIVE ACTIVITIES. 

Whereas, there is a World Communist movement under the 
domination of a foreign power, having as its objective the 
establishment of totalitarian dictatorship in all parts of the 
world under its control; and 

Whereas, such dictatorship is characterized by the liquida- 
tion of all political parties other than the Communist Party, 
the abolishment of free speech, free assembly, and freedom 
of religion, and is the complete antithesis of the American 
constitutional form of government; and 

Whereas, the methods used by such a police state include 
treachery, deceit, infiltration into governmental and other in- 



1951] Chapter 193 411 

stitutions, espionage, sabotage, terrorism and other unlawful 
means; and 

Whereas, the World Communist movement is not a political 
movement, but is a world-wide conspiracy having sections in 
each country; and 

Whereas, using the methods above set forth, it has already 
successfully conquered in recent years a large part of the 
world and has established spearheads in this country in the 
form of various conspiratorial organizations, some masquerad- 
ing under the pretense of being political parties, others in- 
filtrating organizations which they seek to control in order 
to further the objectives of the World Communist movement; 
and 

Whereas, the subversive groups have had similar objectives 
and it is essential to the preservation of the state, as well as 
for the protection of citizens from unfounded accusations, 
that criminal acts of a seditious nature be clearly and ex- 
pressly defined; and 

Whereas, the methods adopted by subversive persons and 
organizations render it imperative that the loyalty of persons 
entering the public employment of the state of New Hamp- 
shire or any of its political subdivisions be definitely estab- 
lished, not only for protection of governmental processes but 
in order to shield employees from unfounded accusations of 
disloyalty; therefore 

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

1. Subversive Activities. Amend the Revised Laws by 
adding after chapter 457 the following new chapter: 

Chapter 457-A 
Subversive Activities 

1. Definitions. For the purposes of this chapter "organ- 
ization" means an organization, corporation, company, part- 
nership, association, trust, foundation, fund, club, society, 
committee, association, political party, or any group of per- 
sons, whether or not incorporated, permanently or temporarily 
associated together for joint action or advancement of views 
on any subject or subjects. 

"Subversive organization" means any organization which 



412 Chapter 193 [1951 

engages in or advocates, abets, advises, or teaches, or a pur- 
pose of which is to engage in or advocate, abet, advise, or 
teach activities intended to overthrow, destroy or alter, or to 
assist in the overthrow, destruction or alteration of, the con- 
stitutional form of the government of the United States, or 
of the state of New Hampshire, or of any political subdivision 
of either of them, by force, or violence. 

"Foreign subversive organization" means any organization 
directed, dominated or controlled directly or indirectly by a 
foreign government which engages in or advocates, abets, 
advises, or teaches, or a purpose of which is to engage in or 
to advocate, abet, advise, or teach, activities intended to 
overthrow, destroy or alter, or to assist in the overthrow, de- 
struction or alteration of the constitutional form of govern- 
ment of, the United States, or of the state of New Hampshire, 
or of any political subdivision of either of them, and to es- 
tablish in place thereof any form of government the direction 
and control of which is to be vested in, or exercised by or 
under, the domination or control of any foreign government, 
organization, or individual ; but does not and shall not be con- 
strued to mean an organization the bona fide purpose of which 
is to promote world peace by alliances or unions with other 
governments or world federations, unions or governments to 
be effected through constitutional means. 

"Foreign government" means the government of any 
country or nation other than the government of the United 
States of America or of one of the states thereof. 

"Subversive person" means any person who commits, at- 
tempts to commit, or aids in the commission, or advocates, 
abets, advises or teaches, by any means any person to conunit, 
attempt to commit, or aid in the commission of any act in- 
tended to overthrow, destroy or alter, or to assist in the over- 
throw, destruction or alteration of, the constitutional form of 
the government of the United States, or of the state of New 
Hampshire, or any political subdivision of either of them, by 
force, or violence ; or who is a member of a subversive organi- 
zation or a foreign subversive organization. 

Sedition 
2. Felonies. It shall be a felony for any person knowingly 
and willfully to 

(a) commit, attempt to commit, or aid in the commission 



1951] Chapter 193 413 

of any act intended to overthrow, destroy or alter, or to assist 
in the overthrow, destruction or alteration of, the constitu- 
tional form of the government of the United States, or of the 
state of New Hampshire, or any political subdivision of either 
of them, by force or violence ; or 

(b) advocate, abet, advise, or teach by any means any 
person to commit, attempt to commit, or assist in the commis- 
sion of any such act under such circumstances as to consti- 
tute a clear and present danger to the security of the United 
States, or of the state of New Hampshire or of any political 
subdivision of either of them; or 

(c) conspire with one or more persons to commit any such 
act; or 

(d) assist in the formation or participate in the manage- 
ment or to contribute to the support of any subversive organi- 
zation or foreign subversive organization knowing said organi- 
zation to be a subversive organization or a foreign subversive 
organization; or 

(e) destroy any books, records or files, or secrete any 
funds in this state of a subversive organization or a foreign 
subversive organization, knowing said organization to be such. 

Any person who shall be convicted by a court of competent 
jurisdiction of violating any of the provisions of this section 
shall be fined not more than twenty thousand dollars, or im- 
prisoned for not more than twenty years, or both, at the 
discretion of the court. 

3. Penalty. It shall be a felony for any person after 
August 1, 1951 to become, or after November 1, 1951 to re- 
main a member of a subversive organization or a foreign 
subversive organization knowing said organization to be a 
subversive organization or foreign subversive organization. 
Any person who shall be convicted by a court of competent 
jurisdiction of violating this section shall be fined not more 
than five thousand dollars, or imprisoned for not more than 
five years, or both, at the discretion of the court. 

4. Barred from Office. Any person who shall be convicted 
by a court of competent jurisdiction of violating any of the 
provisions of sections 2 and 3 of this chapter, in addition to 
all other penalties therein provided, shall from the date of 
such conviction be barred from 

(a) holding any office, elective or appointive, or any other 



414 Chapter 193 [1951 

position of profit or trust in or employment by the govern- 
ment of tlie state of New Hampshire or of any agency there- 
of or of any county, municipal corporation or other political 
subdivision of said state ; 

(b) filing or standing for election to any public office in the 
state of New Hampshire. 

5. Dissolution of Organizations, It shall be unlawful for 
any subversive organization or foreign subversive organiza- 
tion to exist or function in the state of New Hampshire and 
any organization which by a court of competent jurisdiction is 
found to have violated the provisions of this section shall be 
dissolved, and if it be a corporation organized and existing 
under the laws of the state of New Hampshire, a finding by 
a court of competent jurisdiction that it has violated the pro- 
visions of this section shall constitute legal cause for for- 
feiture of its charter and its charter shall be forfeited, and 
all funds, books, records and files of every kind and all other 
property of any organization found to have violated the pro- 
visions of this section shall be seized by and for the state of 
New Hampshire, the funds to be deposited in the state treas- 
ury and the books, records, files and other property to be 
turned over to the attorney general of New Hampshire. 

6. Assistance Furnished. For the collection of any evi- 
dence and information referred to in this chapter, the attorney 
general is hereby directed to call upon the superintendent of 
state police, and county and municipal police authorities of 
the state to furnish him such assistance as may from time to 
time be required. Such police authorities are directed to fur- 
nish information and assistance as may be from time to time 
so requested. The attorney general may testify before any 
grand jury as to matters referred to in this chapter as to 
which he maj^ have information. 

7. Records. The attorney general shall maintain complete 
records of all information received by him and all matters 
handled by him under the requirements of this chapter. Such 
records as may reflect on the loyalty of any resident of this 
state shall not be made public nor divulged to any person ex- 
cept with the permissions of the attorney general to effect- 
uate the purposes hereof. 

8. Grand Jury Inquiries. The superior court, when in its 
discretion it appears appropriate, or when informed by the 



1951] Chapter 19:^ 415 

county solicitor that there is information or evidence of the 
character described in section 2 of this chapter to be con- 
sidered by the grand jury, shall charge the grand jury to 
inquire into violations of this chapter for the purpose of 
proper action, and further to inquire generally into the pur- 
poses, processes and activities and any other matters affect- 
ing communism or any related or other subversive organiza- 
tions, associations, groups or persons. 

Loyalty 

9. Employment. No subversive person, as defined in this 
chapter, shall be eligible for employment in, or appointment 
to any office, or any position of trust or profit in the govern- 
ment of, or in the administration of the business of this state, 
or of any county, municipality, or other political subdivision 
of this state. 

10. Written Statements Required. Every person and 
every board, commission, council, department, court or other 
agency of the state of New Hampshire or any political sub- 
division thereof, who or which appoints or employs or super- 
vises in any manner the appointment or employment of public 
officials or employees shall establish by rules, regulations or 
otherwise, procedures designed to ascertain before any per- 
son, including teachers and other employees of any public 
educational institution in this state, is appointed or employed, 
that he or she as the case may be, is not a subversive person, 
and that there are no reasonable grounds to believe such per- 
sons are subversive persons. In the event such reasonable 
grounds exist, he or she as the case may be, shall not be ap- 
pointed or employed. In securing any facts necessary to 
ascertain the information herein required, the applicant shall 
be required to sign a written statement containing answers 
to such inquiries as may be material, which statement shall 
contain notice that it is subject to the penalties of perjury. 

11. Exceptions. The inquiries prescribed in section 10 
other than the written statement to be executed by an appli- 
cant for employment, shall not be required as a prerequisite 
to the employment of any persons in the classification of 
laborers in any case in which the employing authority shall 
in his or its discretion determine, and by rule or regulation 
specify the reasons why, the nature of the work to be per- 
formed is such that employment of persons as to whom there 



416 Chapter 193 [1951 

may be reasonable grounds to believe that they are sub- 
versive persons as defined in this chapter will not be danger- 
ous to the health of the citizens or the security of the govern- 
ment of the United States, the state of New Hampshire or 
any political subdivision thereof. 

12. Present Employees. Every person, who on Aug"ust 1, 
1951 shall be in the employ of the state of New Hampshire or 
of any political subdivision thereof, other than those now 
holding- elective office shall be required on or before October 
1, 1951 to make a written statement which shall contain 
notice that it is subject to the penalties of perjury, that he 
or she is not a subversive person as defined in this chapter, 
namely, any person who commits, attempts to commit, or 
aids in the commission, or advocates, abets, advises or teaches 
by any means any person to commit, attempt to commit, or 
aid in the commission of any act intended to overthrow, des- 
troy or alter, or to assist in the overthrow, destruction or 
alteration of, the constitutional form of the government of 
the United States, or of the state of New Hampshire, or any 
political subdivision of either of them, by force, or violence; 
or who is a member of a subversive organization or a foreign 
subversive organization, as more fully defined in this chapter 
such statement shall be prepared and execution required by 
every person and every board, commission, council, depart- 
ment, court, or other agency of the state of New Hampshire 
or any political subdivision thereof responsible for the super- 
vision of employees under its jurisdiction. Any such person 
failing or refusing to execute such a statement or who admits 
he is a subversive person as defined in this chapter shall im- 
mediately be discharged. 

13. Discharge of Personnel; Hearing. Reasonable grounds 
on all the evidence to believe that any person is a subversive 
person, as defined in this chapter shall be cause for discharge 
from any appointive office or other position of profit or trust 
in the government of or in the administration of the business 
of this state, or of any county, municipality or other political 
subdivision of this state, or any agency thereof. The per- 
sonnel commission shall, by appropriate rules or regulations, 
prescribe that persons charged with being subversive persons, 
as defined in this chapter, shall be accorded notice and op- 
portunity to be heard, in accordance with the procedures 
prescribed by law for discharges for other reasons. Every 



1951] Chapter 193 417 

person and every board, commission, council, department, or 
other agency of the state of New Hampshire or any pohtical 
subdivision thereof having- responsibihty for the appointment, 
employment or supervision of public employees not covered by 
the state classified service shall establish rules or procedures 
similar to those required herein for classified services for a 
hearing for any person charged with being a subversive per- 
son, as defined in this chapter after notice and opportunity to 
be heard. Every employing authority discharging any person 
pursuant to any provision of this chapter shall promptly 
report to the attorney general the fact of and the circum- 
stances surrounding such discharge. A person discharged 
under the provisions of this section shall have the right with- 
in thirty days thereafter to appeal to the superior court of 
the county where such person may reside for a detennination 
by such court (with the aid of a jury if the appellant so 
elects) as to whether or not the discharge appealed from was 
justified under the provisions of this act. The court shall 
speedily hear and determine such appeals, and from the judg- 
ment of the court, there shall be a further appeal to the 
supreme court of New Hampshire as in civil cases. 

14. Declarations of Candidates. No person shall become a 
candidate for election under the provisions of chapter 33 of 
the Revised Laws of New Hampshire to any public office 
whatsoever in this state, unless he or she shall file with the 
declaration of candidacy required by said chapter an affidavit 
that he or she is not a subversive person as defined in this 
chapter. No declaration of candidacy shall be received for 
filing by any town or city clerk or by the secretary of state 
of New Hampshire unless accompanied by the aflSdavit afore- 
said, and there shall not be entered upon any ballot or voting 
machine at any election the name of any person who has 
failed or refused to make the affidavit aforesaid. 

15. False Statements. Every written statement made 
pursuant to this chapter by an applicant for appointment or 
employment, or by any employee shall be deemed to have been 
made under oath if it contains a declaration preceding the 
signature of the maker to the eflfect that it is made under 
the penalties of jerjury. Any person who makes a material 
misstatement of fact (a) in any such written statement, or 
(b) in any affidavit made pursuant to the provisions of this 
chapter, or (c) under oath in any hearing conducted by any 



418 Chapter 193 [1951 

agency of the state, or of any of its political subdivisions, pur- 
suant to this chapter, or (d) in any written statement by an 
applicant for appointment or employment or by an employee 
in any state aid institution of learning in this state, intended 
to determine whether or not such applicant or employee is a 
subversive person as defined in this chapter, which statement 
contains notice that it is subject to the penalties of perjury 
shall be subject to the penalties of perjury prescribed in chap- 
ter 457 of the Revised Laws. 

16. Separability. If any provision, phrase, or clause of 
this chapter or the application thereof to any person or cir- 
cumstance is held invalid, such invalidity shall not affect 
other provisions, phrases, or clauses or applications of this 
chapter which can be given effect without the invalid pro- 
vision, phrase, or clause or application and to this end the 
provisions, phrases and clauses of this chapter are declared 
to be severable. 

17. Title. This chapter may be cited as the Subversive 
Activities Act of 1951. 

2. Sabotage Prevention. Amend section 15 of chapter 458 
of the Revised Laws by striking out said section and insert- 
ing in place thereof the following: 15. When in Force. 
This chapter, and all orders made under it shall be in force 
until May 15, 1945 and thereafter whenever the governor and 
council shall by proclamation declare a state of emergency 
to exist; provided, any violation hereof, committed while 
this chapter is in fores, may be prosecuted and punished 
thereafter, whether or not this chapter is in force at the 
time of such prosecution and punishment. 

3. Inconsistent Laws. All laws inconsistent with the pro- 
visions of this act are hereby repealed to the extent of such 
inconsistency. 

4. Takes Effect. This act shall take effect August 1, 1951. 
[Approved August 1, 1951.] 



1951] Chapters 194, 195 419 

CHAPTER 194. 

AN ACT RELATIVE TO POWERS OF STATE HEALTH OFFICER AS TO 
VACCINATION FOR SCHOOL ATTENDANCE. 

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

1. School Attenrlance. Amend section 1 of chapter 142 
of the Revised Laws by striking out the words "vaccinated; 
or," in the second line and inserting in place thereof the 
words, vaccinated, provided that the state health officer may 
temporarly suspend this requirement for a period of not 
longer than six months; or unless said child, so that said 
section as amended shall read as follows: 1. Vaccination. 
No child shall attend a public or private school in this state 
unless he has been vaccinated, provided that the state health 
officer may temporarily suspend this requirement for a period 
of not longer than six months; or unless said child has had 
the smallpox; or has submitted not less than three times to 
the process of vaccination; or holds a certificate of the local 
board of health that he is an unfit subject for vaccination. 
The local board of health shall issue such a certificate on the 
advice of a registered physician of the state and practicing in 
the town in which the child resides. 

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

[Approved August 1, 1951.] 



CHAPTER 195. 

AN ACT RELATING TO SETTING TRAPS. 

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

1. Trapping. Amend section 12 of chapter 244 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 12. Setting Traps. No person shall 
set or arrange any trap upon any land of which he is not the 
owner or occupant, except such traps as may be placed under 
water from a boat or canoe on any body of water of over ten 
acres or on the following named rivers, Androscoggin, Am- 



420 Chapter 196 [1951 

monoosuc. Ashuelot, Bear Camp, Contoocook, Connecticut, 
Cocheco, Mascoma, Merrimack, Merrymeeting, Isinglass, 
Pemigewasset, Pine, Saco, Soiicook, Suncook, and Winnipe- 
saukee and their navigable tributaries, until he has secured 
from the owner or occupant a permit in writing signed by- 
said owner or occupant, and until he shall have filed with the 
conservation officer in whose district said person is going to 
trap, a copy thereof, together with a description of the land 
on which trapping is to be done. All metal traps shall have 
stamped or engraved thereon, in a legible and permanent man- 
ner, the name of the person setting them. No person shall 
set or arrange any trap in a public way, cart road, or path, 
commonly used as a passageway by human beings or domestic 
animals. No person shall set or arrange any trap in or under 
any bridge, ditch or drainage system, whether artificial or 
natural, within the limits of the right of way of any public 
highway. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1951.] 



CHAPTER 196. 



AN ACT RELATIVE TO INDEMNITY FOR CONDEMNED DOMESTIC 
ANIMALS. 

Be it enacted by the Senate and House of Repy^esentatives in 
General Conrt convened: 

1. Domestic Animals; Indemnity. There is hereby appro- 
priated the sum of two 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 
chapter 149, Laws of 1949 and by section 1, chapter 300 of 
the Laws of 1949. 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 



1951] Chapter 197 421 

hereby authorized, with the consent of the governor and 
council, to borrow such sums as are needed from time to time, 
not to exceed two 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 
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 register- 
able as to both principal and interest, and shall be counter- 
signed 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 bonds and notes authorized by chapter 159 of the 
Laws of 1939. The treasurer shall negotiate and sell such 
bonds or notes in the same manner as provided in said chap- 
ter 159. 

4. Short-Time Notes. Prior to the issuance of serial 
bonds or notes hereunder the treasurer, with the consent of 
the governor and council, may for the purpose hereof borrow 
money from time to time on short-time loans which may be 
refunded by the issuance of bonds or notes hereunder pro- 
vided, however, that at no time shall the indebtedness of the 
state on such short-time loans and said bonds or notes exceed 
the said sum of two hundred thousand dollars. 

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

[Approved August 1, 1951.] 



CHAPTER 197. 

AN ACT RELATIVE TO LIABILITY UNDER INSURANCE POLICIES 
ISSUED TO THE STATE AND MUNICIPAL SUBDIVISIONS THEREOF. 

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

1. Insurance Coverage, State and Municipal Subdivisions. 

Amend chapter 329 of the Revised Laws by inserting after 



422 Chapter 198 [1951 

section 2 the following new section: 2-a, Limited Liability. 
It shall be lawful for the state or any municipal subdivision 
thereof, including- any county, city, town, school district or 
other district, to procure the policies of insurance described 
m section 1 of this chapter. In any action against the state 
or any municipal subdivision thereof to enforce liability on 
account of a risk so insured against, the insuring company or 
state or municipal subdivision thereof, shall not be allowed 
to plead as a defense immunity from liability for damages 
resulting from the performance of governmental functions, 
and its liability shall be determined as in the case of a private 
corporation. Provided, however, that liability in any such case 
shall not exceed the limits of coverage specified in the policy 
of insurance, and the court shall abate any verdict in any 
such action to the extent that it exceeds such policy limit. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1951.] 



CHAPTER 198. 



AN ACT RELATING TO TRIAL PLACING INMATES AT THE 
INDUSTRIAL SCHOOL. 

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

1. Trial Placement. Amend section 26 of chapter 463 of 
the Revised Laws by striking out the words "an inhabitant 
of this state" in the first and second lines, and inserting in 
place thereof the words, or trial place with a suitable person, 
so that said section as amended shall read as follows: 26. 
Binding Out. The trustees may bind out to or trial place with 
a suitable person, any child committed to their charge. To 
this end they may make indentures for such binding out for 
any time, not exceeding the minority of the child, as seems 
to them proper. But in every such indenture the trustees shall 
reserve the right, by giving notice in writing to that effect, to 
cancel the indenture and remove the child from the master, 
whenever it shall appear to the trustees that the further con- 
tinuance of the child with the master will be prejudicial to 



1951] Chapter 199 423 

the best interests of the child. No indenture shall be assign- 
able without written consent of the trustees given at the time 
of assignment and after full investigation. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1951.] 



CHAPTER 199. 

AN ACT RELATIVE TO FEES FOR TESTING AND SEALING WEIGHING 
AND MEASURING DEVICES AND INSPECTORS AND CITY SEALERS. 

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

1. Inspectors. Section 3 of chapter 192 of the Revised 
Laws, relative to inspectors, is hereby repealed. 

2. Weights and Measures. Amend section 10 of chapter 
192 of the Revised Laws by striking out said section and in- 
serting in place thereof the following; 10. Inspections. The 
commissioner, or his inspectors at his direction, shall at least 
once each year visit the various cities having local sealers and 
inspect their work, and in the performance of duties here- 
under he shall inspect the weights, measures, balances or any 
other weighing or measuring appliances of any person, firm 
or corporation in said city. 

3. Commissioner of Agricultxire. Amend section 12 of 
chapter 192 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 12. Regulations. 
The commissioner shall promulgate rules and regulations 
relative to inspections, tests and methods of procedure under 
the provisions hereof and such rules and regulations shall be 
binding upon state inspectors, city sealers and public weighers. 

4. Cities. Amend section 20 of chapter 192 of the Re- 
vised Laws by striking out said section and inserting in place 
thereof the following: 20. City Sealers. There shall be a 
sealer of weights and measures in each city of not less than 
ten thousand population, according to the latest United States 
census. Said sealer shall be appointed by the mayor, with the 
consent of the city council, provided that no person shall be 
so appointed until his appointment has been approved in 



421 Chapter 199 [1951 

writing- by the commissioner of agi'iculture and shall hold 
office during good behavior. The city sealer in said city shall 
have the same powers and duties as state inspectors have 
throughout the state. 

5. Inspections. Amend chapter 192 of the Revised Laws 
by inserting after section 22 the followiiig new sections: 
22-a, Fees. Except as hereinafter provided there shall be 
collected for inspections and sealing of weig-hing and measur- 
ing devices by the state inspectors or city sealers the follow- 
ing fees, to be paid by the state institution, municipal sub- 
divisions, person or persons for whom the services are 
rendered : 

I. Each scale with a weighing capacity of more than ten 
thousand pounds, five dollars. 

II. Each scale with a weighing capacity of five thousand 
to ten thousand pounds, two dollars. 

III. Each scale with a weighing capacity of one hundred 
to five thousand pounds, one dollar. 

IV. Scales and balances under one hundred pounds, fifty 
cents. 

V. Each mechanical capacity device including kerosene, 
oil and grease pumps, but excluding gasoline pumps and 
meters on vehicle tanks, tw^enty-five cents. 

VI. Each retail stationary metering pump, one dollar. 

VII. Each vehicle or bulk meter, three dollars. 

VIII. Each taximeter or measuring device used upon 
vehicles to determine the cost of transportation, twenty-five 
cents. 

IX. Each machine or other mechanical device used for 
determining linear or area measurement, fifty cents. 

X. Each measurement of a vehicle used in transporting 
fuel wood, one dollar. 

XL Each log caliper and board rule, one dollar. 

XII. Calibrating for capacity vehicle tank used in the 
sale of commodities by liquid measure and having a capacity 
of one hundred gallons or less, one dollar. For each additional 
one hundred gallons or fraction thereof, an additional twenty- 
five cents shall be received. Where a vehicle tank is subdivided 
into two or more compartments, each compartment shall, for 
the purposes of this section, be considered a separate tank. 



1951] Chapter 199 425 

XIII. All extra weights and other measures, ten cents 
each. 

XIV. For all other weighing or measuring devices not 
included in this section, such reasonable fees as the commis- 
sioner of agriculture shall determine. 

22-b. Exceptions. No fee shall be collected for state 
testing of city standards under the provisions of section 8. 
No person shall be required to pay fees for more than one 
inspection and sealing a year provided that a person may re- 
quest an additional testing of a weighing or measuring device 
and in such case the required fee shall be paid. 

22-c. Disposition of Fees and Fines. All fees collected 
by a state inspector or city sealer, and fines, under the provi- 
sions of this chapter and chapter 193 of the Revised Laws 
shall be forwarded to the commissioner of agriculture to be 
by him forwarded to the state treasurer. The state treasurer 
shall keep said funds in a special account to be known as the 
weights and measures fund. From said fund shall be paid all 
expenses of the department of agriculture relative to weights 
and measures. In addition the state treasurer shall pay to 
each city having a city sealer one-half of all fees collected in 
said city by state inspectors or city sealer, to be for the use 
of said city, for the purposes of this chapter. The sums in 
said special account shall not lapse but shall be available for 
weights and measures expenses for the succeeding year. Any 
additional funds in said account over and above the amount 
allowed by the legislature for appropriation for said function 
shall be available for further expenditures for said purposes 
in such amounts as the governor and council may approve. 

22-d. Authority of City. Except as provided herein, no 
city shall charge any fees for inspection and sealing of weigh- 
ing and measuring devices, provided that the city may author- 
ize a charge for the use of city standards. 

6. Public Weighers. Amend chapter 192 of the Revised 
Laws by inserting after section 44 the following new section : 
44-a. Procedure. The procedure to be followed by such 
weighers in the discharge of their duties shall be as provided 
by regulations issued by the commissioner of agriculture ex- 
cept as otherwise provided by law. Nothing in this chapter, 
192, shall apply to the professional and technical equipment 
of weighing and measuring devices used in pharmacies li- 



426 Chapter 200 [1951 

censed by the commission of pharmacy and practical chem- 
istry of the state of New Hampshire. 

7. Takes Effect. This act shall take effect as of July 1, 
1951. 
[Approved August 1, 1951.] 



CHAPTER 200. 

AN ACT RELATIVE TO TAKING, TRANSPORTATION AND SALE OF 
LOBSTERS AND LOBSTER MEAT. 

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

1. Fees. Amend section 42 of chapter 245 of the Revised 
Laws as amended by section 2 of chapter 12, Laws of 1950, 
by striking- out said section and inserting in place thereof the 
following: 42. License. No person shall at any time place, 
set, keep, maintain, supervise, lift, raise or draw in, from any 
waters under the jurisidiction of this state, or in any way aid 
or assist in so doing, any pot, trap, warp or any other device 
used in taking lobsters or crabs without first procuring a 
special license so to do; nor during the time from sunset to 
one hour before sunrise. Such license shall be issued by the di- 
rector, under such rules and regulations and in such form 
as may be prescribed by him. The fee for such license shall 
be fifteen dollars for a person who does not use more than 
seventy-five traps, or twenty-five dollars for a person who uses 
more than seventy-five traps, provided that if a person does 
not take lobsters or crabs for the purpose of selling the same 
and does not use more than five traps, the fee shall be five 
dollars. The fees and fines collected under the provisions of 
this subdivision and the expenses of enforcing the same shall 
be accounted for separately by the director. 

2. Female Lobsters. Amend section 45 of chapter 245 of 
the Revised Laws as amended by section 6, chapter 12, Laws 
of 1950, by striking out said section and inserting in place 
thereof the following: 45. Distinctive Mark. Any person 
taking any female lobster carrying spawn shall immediately 
mark said lobster by a V notch not less than one half inch in 
width at the widest point and not over one half inch in depth 



1951] Chapter 200 427 

in the middle flipper of tlie tail and return said lobster to the 
water. No person shall take a female lobster that has the 
middle flipper broken or cut off. 

3. Imported Lobster Meat. Amend chapter 245 of the Re- 
vised Laws by inserting after section 47-a, as inserted bi- 
section 9, chapter 12, Laws of 1950, the following- new sec- 
tions: 47-b. Lobster Meat. No person, firm or corporation 
shall transport, possess or offer for sale lobster meat from 
sources outside the jurisdiction of this state unless such meat 
shall comply with section 47 of this chapter. The inclusion of 
any such meat of less than the prescribed legal length within 
any container, package, receptacle or tray shall subject all 
such meat included in said container, package, receptacle, or 
tray to be forfeited and the possessor of such meat shall be 
subject to the penalty imposed for violation of section 47. 
The provisions of this section shall not apply to lobster meat 
processed outside the jurisdiction of this state and shipped 
directly in interstate or foreign commerce to a person, firm 
or corporation duly licensed to sell said lobster meat within 
this state. The burden of proving that lobster meat offered 
for sale was purchased in interstate or foreign commerce shall 
be upon the person, firm or corporation selling same. 

47-c. Mutilated Lobsters. The possession of lobsters, or 
parts thereof, alive or dead, cooked or uncooked, mutilated in 
such manner as to make accurate measurements as pre- 
scribed in this chapter impossible, shall be prima facie evi- 
dence that they are not of required legal length. Provided that 
this section shall not apply to hotels, restaurants or individ- 
uals having in possession chopped lobster meat as provided 
in section 47-a. 

4. Interference with Equipment. Amend section 48 of 
chapter 245 of the Revised Laws by striking out the same and 
inserting in place thereof the following: 48. Limitation. 
No person, except the owner or a conservation officer, shall 
take up, lift, molest or transfer any pot, trap, car or other 
contrivance that is set for the taking or holding of lobsters 
or crabs, nor take, remove or carry away from the beach or 
shore, any such pot, trap, car or other contrivance or warp 
or buoy thereof without the written permission of the owner 
thereof. In addition to the penalty for violation of this sec- 
tion said person, if he holds a license, shall lose said license 
for one year. 



428 Chapter 200 [1951 

5. Buoy. Amend section 49-a of chapter 245 of the Re- 
vised Laws as inserted by section 11, chapter 12, Laws of 
1950, by striking out said section and inserting in place there- 
of the following: 49-a. Distinctive Colors. Each applicant 
for a lobster and crab license shall state the color scheme or 
other special markings of the buoys desired to be used by him. 
These colors, if approved by the director, shall be set forth 
in his license, and all buoys used by the licensee shall be 
marked accordingly. 

6. Limitation. Amend chapter 245 of the Revised Laws 
by inserting after section 49-a as hereinbefore amended, the 
following new section: 49-b. Traps on Trawls. No pot, 
trap or other contrivance for taking or holding lobsters or 
crabs shall be set or buoyed other than plainly and separately 
except as hereinbefore provided. When pots, traps, or other 
contrivances are set on trawls, buoys plainly marked as pro- 
vided in sections 49 and 49-a shall be set on both ends of the 
trawls. Permission for setting such trawls must be obtained 
from the director and so stated on the license issued under 
section 42. 

7. License to .Sell. Amend section 53 of chapter 245 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following: 53. Lobster Meat. No person 
except hotels and restaurants serving cooked lobster to guests 
for immediate consumption as food shall sell lobster meat 
which has not been processed and sealed within containers 
which do not require refrigeration without first procuring a 
license. The director shall issue such license for a period of 
one year. The annual fee for a resident for such license shall 
be two dollars and to a nonresident the fee shall be ten dollars. 

8. Retail and Wholesale Lobster Dealers. Amend section 
53-a of chapter 245 of the Revised Laws as inserted by sec- 
tion 13, chapter 12, Laws of 1950, by striking out said section 
and inserting in place thereof the following: 53-a. Licenses. 
L Retail Dealers License. No person, firm or corporation 
shall engage in a retail trade in lobsters or crabs, without first 
having procured from the director a license therefor. Such 
license shall entitle the holder, as a retail dealer, to buy 
and sell, ship and transport, lobsters and crabs in retail trade 
within and outside this state. A separate license shall be re- 
quired for each market, store, vehicle or other facility where 



1951] Chapter 200 429 

lobsters and crabs are sold in retail trade. A retail dealers' 
license shall not be required of a person to buy or transport 
lobsters and crabs that are possessed by him for consumption 
by himself or family, nor of a properly licensed fisherman 
who, by virtue of his lobster and crab license, may transport 
and sell any lobsters and crabs that have been lawfully 
taken by him. 

II. Fees. The following fees shall be collected for 
licenses issued under the provisions of paragraph I : To a resi- 
dent, for a retail dealer's license, two dollars and for each 
license for additional facilities, two dollars ; to a nonresident, 
for a retail dealer's license, twenty-five dollars, and for each 
additional facility, five dollars. 

III. Wholesale Dealers Licenses. No person, firm or 
corporation shall engage in a wholesale trade in lobsters or 
crabs without first having procured from the director a license 
therefor. Said license shall entitle the licensee to buy and sell 
and transport lobsters and crabs in wholesale trade within 
the state and to ship the same within and outside the state. 
A separate license shall be required for each market, store, 
vehicle or other facility where lobsters or crabs are sold at 
wholesale. 

IV. Fees. The following fees shall be collected for 
licenses issued under the provisions of paragraph III: To a 
resident, for a wholesale dealer's license, twenty-five dollars, 
and for each license for an additional facility, three dollars ; to 
a nonresident, for a wholesaler dealer's license, fifty dollars, and 
for each license for an additional facility, five dollars. 

9. Search and Seizure. Amend paragraph IV of section 
54 of chapter 245 of the Revised Laws by striking out said 
paragraph and inserting in place thereof the following: 
IV. To raise, lift or in any way examine any pot, trap, car 
or other contrivance that is set for the taking or holding of 
lobsters and crabs and to seize all pots, traps, cars or other 
contrivances and the contents thereof used in violation of any 
law, rule or regulation relating to lobsters and crabs, and to 
hold the same until the fine and costs imposed for such viola- 
tion have been paid in full. Provided, that in case such fine 
and costs are not paid within sixty days after imposition 
such pots, traps, cars or contrivance may be sold at public 
auction. Prior to such sale the department shall give notice to 



430 Chapter 200 [1951 

the owner, if known, by registered mail, otherwise a notice 
shall be published once in a newspaper of general circulation 
in the state, giving the time and place of such sale. If the 
owner shall appear and shall pay the fines and costs and shall 
reimburse said department for expenses incurred in connec- 
tion therewith the property may be delivered to him, other- 
wise the same shall be sold and the proceeds of such sale shall 
be for the use of the department. 

10. Interstate Commerce. Amend chapter 245 of the Re- 
vised Laws by inserting after section 55 the following new 
section: 55-a. Exceptions. The provisions of this subdivi- 
sion relative to taking lobsters and crabs shall not apply to 
transportation of lobsters and crabs in interstate commerce 
where shipment originated outside the state and is consigned 
outside the state, 

11. Violations. Amend section 56 of chapter 245, Revised 
Laws, by striking out said section and inserting in place there- 
of the following : 56. Penalties. Any person who violates a 
provision of this subdivision shall be penalized as follows: 
For a violation of sections 43-a, 44, 45, 46, 46-a, 49, 49-a, 49-b, 
50, 53 or 53-a, a fine of not more than fifty dollars for each 
offense; for a violation of sections 42, 43 or 48, a fine of not 
more than fifty dollars or imprisoned for not more than thirty 
days, or both ; for a violation of sections 47 or 47-b, a fine of 
five dollars and not more than five dollars additional for each 
lobster or parts thereof involved, or imprisoned for not more 
than ninety days, or both. 

12. Resident and Nonresident. Amend chapter 245 of the 
Revised Laws by inserting after section 55-a as hereinbefore 
inserted, the following new section: 55-b. Definition. The 
word "resident" as used in this subdivision when applied to a 
corporation shall mean a corporation organized under the laws 
of this state. The word "nonresident" as used in this sub- 
division when applied to a corporation shall mean a corpora- 
tion organized under the laws of another state. 

13. Takes Effect. The provisions of sections 2, 4, 6 and 
9 of this act shall take effect upon the passage of this act. 
The remaining sections shall take effect as of January 1, 1952. 
[Approved August 1, 1951.] 



1951] Chapter 201 431 

CHAPTER 201. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS. 

Be it enacted by the Seriate and House of Representatives .'n 
General Court convened: 

1. Banks, Insurance Companies and Fraternal Benefit So- 
cieties. Amend chapter 310 of the Revised Laws by adding 
at the end thereof the following- new sections : 

Participating Loans 

23. Definitions. For the purposes of this chapter, a 
participating loan shall mean any loan made by each of several 
savings banks, banking and trust companies, national banks 
or insurance companies or fraternal benefit societies partici- 
pating severally with an originating lender in, and having a 
part interest in, a legal investment as defined in paragraphs 
I, I-a, II, III and IV, section 3 of this chapter. For the pur- 
poses of this chapter, a participating lender shall mean any 
bank, banking and trust company, national bank or insurance 
company or fraternal benefit society participating in or hold- 
ing a part interest in a legal investment as defined in para- 
graphs I, I-a, II, III, and IV, section 3 of this chapter. For the 
purposes of this chapter, an originating lender shall mean 
any savings bank, banking and trust company, national bank, 
or insurance company or fraternal benefit society, which holds 
the original executed note of the borrower and issues partici- 
pation certificates to participating lenders under this sub- 
division. 

24. Athorization. Participating loans as defined in 
section 23 of this chapter shall be legal investments subject 
to the provisions of this subdivision. 

25. Limitations. No participating loan shall be made 
unless a copy or summary of the original written application 
by the borrower is supplied to the participating lender by 
the orginiating lender, and unless at least two members of 
the board of trustees or board of directors of the participating 
lender shall certify on the copy or summary of the original 
application, according to their best judgment, the value of 
the premises to be mortgaged. 

26. Participation Certificates. Each participating lend- 
er shall obtain a participation certificate from the originating 



432 Chapter 201 [1951 

lender. Such participation certificate shall set forth the full 
amount of the loan, the name and extent of participation of 
each participating lender, the date and terms of amortization 
of the loan, and that the orig-inating- lender holds a note and 
mortgage duly executed by the borrower for the full amount 
of the loan. In case of any change in the names of or the ex- 
tent of the participation of participating lenders, a new and 
substituted participation certificate shall be issued to each 
participating lender. 

27. Copy Filed. Each participating lender shall hold 
and file in its records a certified, photostatic or executed copy 
of the participation agreement, and any amendment thereof. 

28. Participation Agreement. No participating loan 
shall be made unless a participation agreement shall be ex- 
ecuted which shall incorporate: the extent of participation by 
the originating and participating lenders; provision that, if 
legal right therefor exists, foreclosure proceedings shall be 
instituted by the originating lender upon written request by 
participating lenders representing a majority of the amount 
of the total outstanding loan : provision that, if legal right to 
foreclosure exists, the originating lender, within sixty days of 
written notice of desire to withdraw by any participating 
lender, shall institute foreclosure proceedings or pay to such 
participating lender the amount currently due such lender. In 
case of any change in the names of or the extent of the partici- 
pation of participating lenders, the participation agreement 
shall be amended accordingly. 

29. Insurance Statement. The originating lender shall 
submit to and each participating lender shall keep en file, a 
certified statement signed by one of the officers of the origin- 
ating lender showing the amount and type of insurance on 
the mortgaged property. 

30. Exclusion. Nothing in this subdivision shall be 
deemed to apply to participating or other loans by persons, 
firms or corporations other than those falling within the defi- 
nition of "participating lender" as set forth in section 23 of 
this subdivision. 

2. Fraternal Benefit Societies. Amend section 12 of chap- 
ter 333 of the Revised Laws, as inserted by chapter 149 of the 
Laws of 1945, by inserting after the words "life insurance 
companies" a comma and the following: except that any so- 



1951] Chapter 202 433 

ciety doing' business in the Dominion of Canada may invest 
not more than five per cent of its total admitted assets in ac- 
cordance with the laws governing investments by fraternal 
benefit societies in effect in the provinces where said society 
is licensed to do business, so that said section as amended shall 
read as follows: 12. Investments. Every society shall in- 
vest its funds only in the manner permitted by the laws of 
this state for the investment of the assets of life insurance 
companies, except that any society doing business in the 
Dominion of Canada may invest not more than five per cent 
of its total admitted assets in accordance with the laws gov- 
erning investments by fraternal benefit societies in effect in 
the provinces where said society is licensed to do business; 
provided that any foreig"n society permitted or seeking to do 
business in this state, which invests its funds in accordance 
with the laws of the state in which it is incorporated, shall 
be held to meet the requirements of this section for the in- 
vestment of funds. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1951.] 



CHAPTER 202. 



AN ACT AUTHORIZING AN INTERSTATE COMPACT RELATING TO 
FLOOD CONTROL OF THE CONNECTICUT RIVER. 

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

1. Interstate Compact. The governor and council, on be- 
half of this state, are hereby authorized to enter into and 
execute a compact substantially in the following form with 
the states of Vermont, Massachusetts and Connecticut, by 
and through the commissioners or duly authorized represen- 
tatives appointed or who may be appointed under or by virtue 
of a law of the legislatures of the respective states, and the 
legislature hereby signifies in advance its approval and ratifi- 
cation of such compact, so entered into, such approval and 
ratification to be effective as hereinafter set forth : 

Whereas, the federal government exercises jurisdiction 



434 Chapter 202 [1951 

over the nation's navigable rivers and their tributaries 
through passage of the flood control act of nineteen hundred 
and thirty-six and various other acts amendatory thereto ; and 

Whereas, these acts provide for construction by the United 
States of dams for flood control and, where feasible, in addi- 
tion to flood control for storage of water to be used for irriga- 
tion, recreation or hydroelectric power or for any of these 
purposes: and 

Whereas, the Connecticut is an interstate river and control 
of major floods on it can be obtained only by the construction 
of dams by the United States under authorization of the 
above mentioned acts; and 

Whereas, the Commonwealth of Massachusetts and the 
states of Connecticut, New Hampshire and Vermont recognize 
that it is in the interest of their general welfare that the 
United States construct in the Connecticut River Valley a 
comprehensive system of local protection works and dams and 
reservoirs to control floods and prevent loss of life and prop- 
erty, the disruption of orderly processes and the impairment 
of commerce between the aforesaid states ; and 

Whereas, the United States has constructed dikes, flood 
walls and other local protection works at Hartford and East 
Hartford in the state of Connecticut, and at Springfield, River- 
dale, West Springfield, Chicopee, Northampton, Holyoke, and 
Springdale, in the Commonwealth of Massachusetts and dams 
and reservoirs for the storage of flood waters at Knightville, 
Birch Hill and Tully in the Commonwealth of Massachusetts, 
at Surry Moutain in the state of New Hampshire and at Union 
Village in the state of Vermont and has reached agreements 
with the state wherein located for construction of dams and 
reservoirs for the storage of flood waters at Barre Falls in the 
Commonwealth of Massachusetts and at Ball Mountain and at 
Townshend in the state of Vermont ; and 

Whereas, the Congress has at various times authorized con- 
struction by the United States of other dams and resevoirs 
for the storage of flood waters in the Commonwealth of 
Massachusetts and in the states of New Hampshire and Ver- 
mont and has more recently instructed the corps of engineers 
to determine what additional local protection works and dams 
and reservoirs are required for a comprehensive system to 
control floods in the Connecticut River and its tributaries; and 



1951] Chapter 202 485 

Whereas, it is believed that such a comprehensive flood con- 
trol system should include dams and reservoirs controlling- 
flood run-off from approximately twenty-five (25%) per cent 
of the total drainage area of the Connecticut River above 
Hartford, Connecticut, and strategically located in reference 
to characteristics of tributaries and to damage centers ; and 

Whereas, construction by the United States of additional 
dams and reservoirs in the Commonwealth of Massachusetts 
and in the states of New Hampshire and Vermont, to com- 
plete such a comprehensive flood control system, will remove 
from the tax rolls of local governments of those states such 
property as is acquired by the United States and may work 
other hardships against the people of Massachusetts, New 
Hampshire and Vermont; and 

Whereas, it is highly desirable that any flood control dam 
and reservoir constructed by the United States in the Con- 
necticut River Valley have the approval of the state wherein 
it is located and that states benefiting from construction of 
such dam and reservoir make reimbursement for such loss of 
taxes and for such hardships; and 

Whereas, a comprehensive system for the prevention of 
destructive floods and for water resources utilization in the 
Connecticut River Valley can best be accomplished by co- 
operation between the several states in the valley and by and 
through a common and joint agency of said several states; 

Now, therefore, the said Commonwealth of Massachusetts 
and states of Connecticut, New Hampshire and Vermont do 
hereby enter into the following compact, to-wit : 

Article I 

The principal purposes of this compact are : (a) to promote 
interstate comity among and between the signatory states; 
(b) to assure adequate storage capacity for impounding the 
waters of the Connecticut River and its tributaries for the 
protection of life and property from floods; (c) to provide a 
joint or common agency through which the signatory states, 
while promoting, protecting and preserving to each the local 
interest and sovereignty of the respective signatory states, 
may more effectively cooperate in accomplishing the object 
of flood control and water resources utilization in the basin 
of the Connecticut River and its tributaries. 



436 Chapter 202 [1951 

Article II 

There is hereby created "The Connecticut River Valley 
Flood Control Commission," hereinafter referred to as the 
"commission," which shall consist of twelve members, three 
of whom shall be residents of the Commonwealth of Massa- 
chusetts; three of whom shall be residents of the state of 
Connecticut; three of whom shall be residents of the state of 
New Hampshire ; and three of whom shall be residents of the 
state of Vermont. 

The members of the commission shall be chosen by their 
respective states in such manner and for such term as may 
be fixed and determined from time to time by the law of 
each of said states respectively by which they are appointed. 
A member of the commission may be removed or suspended 
from office as provided by the law of the state for which he 
shall be appointed, and any vacancy occurring in the com- 
mission shall be filled in accordance with the laws of the 
state wherein such vacancy exists. 

A majority of the members from each state shall con- 
stitute a quorum for the transaction of business, the exercise 
of any of its powers or the performance of any of its duties, 
but no action of the commission shall be binding unless at 
least two of the members from each state shall vote in favor 
thereof. 

The compensation of members of the commission shall be 
fixed, determined, and paid by the state which they respect- 
ively represent. All necessary expenses incurred in the per- 
formance of their duties shall be paid from the funds of the 
commission. 

The commission shall elect from its members a chairman, 
vice-chairman, clerk and treasurer. Such treasurer shall fur- 
nish to the commission, at its expense, a bond with corporate 
surety, to be approved by the commission, in such amount as 
the commission may determine, conditioned for the faithful 
performance of his duties. 

The commission shall adopt suitable by-laws and shall make 
such rules and regulations as it may deem advisable not in- 
consistent with laws of the United States, of the signatory 
states or with any rules or regulations lawfully promulgated 
hereunder. 

The commission shall make an annual report to the governor 
and legislature of each of the signatory states, setting forth 



1951] Chapter 202 437 

in detail the operations and transactions conducted by it pur- 
suant to this compact. 

The commission shall keep a record of all its meetings and 
proceedings, contracts and accounts, and shall maintain a 
suitable otfice, where its maps, plans, documents, records and 
accounts shall be kept, subject to public inspection at such 
times and under such regulations as the commission shall 
determine. 

Article III 

The commission shall constitute a body, both corporate and 
politic, with full power and authority: (1) to sue and be sued; 
(2) to have a seal and alter the same at pleasure; (3) to ap- 
point and employ such agents and employees as may be re- 
quired in the proper performance of the duties hereby com- 
mitted to it and to fix and determine their qualifiications, 
duties and compensation ; (4) to enter into such contracts and 
agreements and to do and perform any and all other acts, 
matters and things as m.ay be necessary and essential to the 
full and complete performance of the powers and duties 
hereby committed to and imposed upon it and as may be in- 
cidental thereto; (5) to have such additional powers and 
duties as may hereafter be delegated to or imposed upon it 
from time to time by the action of the legislature of any of 
said states, concurred in by the legislatures of the other 
states and by the Congress of the United States. 

The commission shall make, or cause to be made, such 
studies as it may deem necessary, in cooperation with the 
corps of engineers and other federal agencies, for the develop- 
ment of a comprehensive plan for flood control and for utili- 
zation of the water resources of the Connecticut River Valley. 

The commission shall not pledge the credit of the signatory 
states or any of them. 

Article IV 

The signatory state wherein is located the site of each of 
the following dams and reservoirs agrees to the construction 
by the United States of each such dam and reservoir in ac- 
cordance with authorization by the Congress: 

In the Commonwealth of Massachusetts, (1) at Barre Falls 
on the Ware River controlling a drainage area of approxi- 
mately fifty-seven (57) square miles and providing flood 



438 Chapter 202 [1951 

storag'e of approximately eight (8) inches of run-off from 
said drainage area. 

In the state of Vermont, (1) at West Townshend on the 
West River controlling a net drainage area of approximately 
one hundred six (106) square miles and providing flood con- 
trol storage of approximately six (6) inches of run-off from 
said drainage area. 

(2) At Ball Mountain on the West River controlling a 
net drainage area of approximately one hundred thirty-two 
(132) square miles and providing flood control storage of ap- 
proximately six (6) inches of run-off from said drainage area. 

(3) At North Hartland on the Ottauquechee River con- 
trolling a drainage area of approximately two hundred twenty- 
two (222) square miles and providing flood control storage 
for approximately six (6) inches of run-off from said drain- 
age area. 

(4) At Groton Pond on the Wells River controlling a 
drainage area of approximately seventeen and three-tenths 
(17.3) square miles and providing flood control storage for 
approximately eight (8) inches of run-off from said drainage 
area. 

(5) At Victory on the Moose River controlling a drain- 
age area of approximately sixty-six (66) square miles and 
providing flood control storage for approximately seven (7) 
inches of run-off from said drainage area. 

(6) In Bloomfield on the Nulhegan River controlling a 
drainage area of approximately seventy (70) square miles 
and providing flood control storage for approximately nine 
(9) inches of run-off from said drainage area. 

In the state of New Hampshire, (1) at South Keens on the 
Otter Brook, tributary of the Ashuelot River, controlling a 
drainage area of approximately forty-seven (47) square miles 
and providing flood control storage for approximately seven 

(7) inches of run-off from said drainage area. 

(2) At Walpole on the Cold River controlling a drainage 
area of approximately one hundred one (101) square miles 
and providing flood control storage for approximately eight 

(8) inches of run-off from said drainage area. 

(3) At Bethlehem Junction on the Ammonoosuc River 
controlling a drainage area of approximately ninety (90) 



1951] Chapter 202 439 

square miles and providing flood control storage for approxi- 
mately six (6) inches of run-off from said drainage area. 

(4) At Franconia on the Ammonoosuc River controlling 
a drainage area of approximately thirty (30) square miles and 
providing flood control storage for approximately eight (8) 
inches of run-ofi" from said drainage area. 

(5) At Swiftwater on the Wild Ammonoosuc River con- 
trolling a drainage area of approximately fifty-seven (57) 
square miles and providing flood control storage for approxi- 
mately ten (10) inches of run-oflf from said drainage area. 

Article V 

The Commonwealth of Massachusetts agrees to reimburse 
the state of New Hampshire fifty (50) per cent and the 
state of Vermont fifty (50) per cent of the amount of taxes 
lost to their political subdivisions by reason of ownership by 
the United States of lands, rights or other property therein 
for the flood control dams and reservoirs at Surry Mountain 
in New Hampshire and at Union Village in Vermont. 

The state of Connecticut agrees to reimburse the Common- 
wealth of Massachusetts forty (40) per cent, the state of 
New Hampshire forty (40) per cent and the state of Vermont 
forty (40) per cent of the amount of taxes lost to their 
political subdivisions by reason of ownership by the United 
States of lands, rights or other property therein for the flood 
control dams and reservoirs at Tully, at Knightville and at 
Birch Hill in Massachusetts, at Surry Mountain in New Hamp- 
shire and at Union Village in Vermont. 

The Commonwealth of Massachusetts agi'ees to reimburse 
the state of New Hampshire fifty (50) per cent and the state 
of Vermont fifty (50) per cent of the amount of taxes lost 
to their political subdivisions by reason of acquisition and 
ownership by the United States of lands, rights or other 
property therein for construction in the future of any flood 
control dam and reservoir specified in Article IV and also for 
any other flood control dam and reservoir hereafter con- 
structed by the United States in the Connecticut River Valley. 

The state of Connecticut agrees to reimburse the Common- 
wealth of Massachusetts forty (40) per cent, the state of 
New Hampshire forty (40) per cent and the state of Ver- 
mont forty (40) per cent of the amount of taxes lost to their 
political subdivisions by reason of acquisition and ownership 



440 Chapter 202 [1951 

by the United States of lands, rights or other property therein 
for construction in the future of any flood control dam and 
reservoir specified in Article IV and also for any other flood 
control dam and reservoir hereafter constructed by the United 
States in the Connecticut River Valley, 

Annually, not later than November first of each year, the 
commission shall determine the loss of taxes resulting to polit- 
ical subdivisions of each signatory state by reason of acquisi- 
tion and ownership therein by the United States of lands, 
rights or other property in connection with each flood control 
dam and reservoir for which provision for tax reimbursement 
has been made in the four paragraphs next above. Such losses 
of taxes as determined by the commission shall be based on 
the tax rate then current in each such political subdivision 
and on the average assessed valuation for a period of five 
years prior to the acquisition by the United States of such 
property, provided that whenever a political subdivision 
wherein a flood control dam and reservoir or portion thereof 
is located shall have made a general revaluation of property 
subject to the annual municipal taxes of such subdivision, the 
commission may use such revaluation for the purpose of 
determining the amount of taxes for which reimbursement 
shall be made. Using the percentage of payment agreed to in 
said four paragraphs, the commission shall then compute the 
sum, if any, due from each signatory state to each other 
signatory state and shall send a notice to the treasurer of 
each signatory state setting forth in detail the sums, if any, 
each is to pay to and to receive from each other signatory 
state in reimbursement of tax losses. 

Each signatory state on receipt of formal notification from 
the commission of the sum which it is to pay in reimburse- 
ment for tax losses shall, not later than July first of the fol- 
lowing year, make its payment for such tax losses to the 
signatory state wherein such loss or losses occur, except that 
in case of the first annual payment for tax losses at any dam 
or reservoir such payment shall be made by payor states not 
later than July first of the year in which the next regular 
session of its legislature is held. 

Payment by a signatory state of its share of reimbursement 
for taxes in accordance with formal notification received from 
the commission shall be a complete and final discharge of all 
liability by the payor state to the payee state for each flood 



1951] Chapter 202 441 

control dam and reservoir within the payee state for the time 
specified in such formal notification. Each payee signatory 
state shall have full responsibility for distributing or ex- 
pending all such sums received, and no agency or political 
subdivision shall have any claim against any signatory state 
other than the payee state, nor against the commission rela- 
tive to tax losses covered by such payments. 

Whenever a state which makes reimbursement for tax 
losses and a state which receives such reimbursement from 
it shall agree, through the commission, on a lump sum pay- 
ment in lieu of annual payments and such lump sum payment 
has been made and received, the requirement that the commis- 
sion annually shall determine the tax losses, compute sums due 
from each state and send notice thereof to the treasurer of 
each state shall no longer apply to the aforesaid states with 
respect to any flood control dam and reservoir for which 
lump sum payment has been made and received. 

The Commonwealth of Massachusetts and the state of Con- 
necticut each agrees to pay its respective share in reimburse- 
ment, as determined by the commission under the procedure 
following, for economic losses and damages occurring by 
reason of ownership of property by the United States for 
construction and operation of a flood control dam and reser- 
voir at any site specified in Article IV, and for any other 
flood control dam and reservoir constructed hereafter by the 
United States in the Connecticut River Valley, provided, how- 
ever, that no reimbursement shall be made for speculative 
losses and damages or losses or damages for which the United 
States is liable. 

On receipt of information from the chief of engineers that 
request is to be made for funds for the pui-pose of preparing 
detailed plans and specifications for any flood control dam and 
reservoir proposed to be constructed in the Connecticut River 
Valley, including those specified in Article IV, the commission 
shall make an estimate of the amount of taxes which would 
be lost to and of economic losses and damages which would 
occur in political subdivisions of the signatory state wherein 
such dam and reservoir would be located, wholly or in part, 
by reason of acquisition and ownership by the United States 
of lands, rights or other property for the construction and 
operation of such flood control dam and reservoir and shall 
decide whether the flood control benefits to be derived in the 



442 Chapter 202 [1951 

signatory states from such flood control dam and resei-voir, 
both by itself and as a unit of a comprehensive flood control 
plan, justifies, in the opinion of the commission, the assump- 
tion by signatory states of the obligation to make reimburse- 
ment for loss of taxes and for economic losses and damages. 
Such estimate and decision shall thereafter be reviewed by 
the commission at five-year intervals until such time as the 
United States shall have acquired title to the site of such 
flood control dam or plans for its construction are abandoned. 
The commission shall notify the governor, the members of the 
United States Senate and the members of the United States 
House of Representatives from each signatory state and the 
chief of engineers as to the commission's decision and as to 
any change in such decision. 

On receipt of information from the chief of engineers that 
any flood control dam and reservoir is to be constructed, re- 
constructed, altei'ed or used for any purpose in addition to 
flood control, including those flood control dams and reservoirs 
heretofore constructed and those specified in Article IV, the 
commission shall make a separate estimate of the amount of 
taxes which would be lost to and of economic losses and 
damages which would occur in political subdivisions of the 
signatory state wherein such dam and reservoir would be 
located, wholly or in part, by reason of acquisition and owner- 
ship by the United States of lands, rights or other property 
for the construction and operation of such dam and reservoir 
in excess of the estimated amount of taxes which would be 
lost and of the economic losses and damages which would 
occur if the dam were constructed and operated for flood con- 
trol only and the commission shall decide the extent to which, 
in its opinion, the signatory states would be justified in 
making reimbursement for loss of taxes and for economic 
losses and damages in addition to reimbursement for such 
dam and reservoir if constructed and used for flood control 
only. Such estimate and decision shall thereafter be reviewed 
by the commission at five-year intervals until such time as 
such dam and reservoir shall be so constructed, reconstructed, 
altered or used or plans for such construction, reconstruction, 
alteration or use are abandoned. The commission shall notify 
the governor, the members of the United States Senate and 
the members of the United States House of Representatives 
from each signatory state as to the commission's decision and 
as to any change in such decision. 



1951] Chapter 202 443 

Within thirty days after acquisition by the United States 
of the site of any flood control dam the commission shall pro- 
ceed to make a final determination of economic losses and 
damages occasioned by such dam and reservoir. The commis- 
sion shall not include in such determination either speculative 
losses and damages or losses and damages for which the 
United States is liable. 

The commission shall compute the share the Commonwealth 
of Massachusetts and the state of Connecticut shall each pay 
to the state wherein such dam or reservoir is located by 
multiplying the sum of such losses and damages, as previously 
determined, by the percentage of flood control benefits which 
the Commonwealth of Massachusetts and the state of Con- 
necticut each receives, in the allocation by states, of the flood 
control benefits resulting from the dam and reservoir. 

The commission shall send a notice to the treasurer of the 
Commonwealth of Massachusetts and to the treasurer of the 
state of Connecticut setting forth in detail the sum, if any, 
each is to pay to the state wherein such dam and reservoir 
is located in reimbursement for economic losses and damages 
and shall also send such notice to the treasurer of the state 
wherein such dam and reservoir is located. 

The Commonwealth of Massachusetts and the state of Con- 
necticut on receipt of such formal notification by the commis- 
sion shall each pay its share of such economic losses or 
damages to the signatory states wherein such losses or 
damages occur. Full payment by either state of the sum 
specified in such formal notification from the commission as 
to the amount of economic losses and damages for which 
such state is to make reimbursement shall be a complete and 
final discharge of all liability by the payor state to the payee 
state for economic losses and damages for each flood control 
dam and reservoir within the payee state designated in such 
formal notification. Each payee signatory state shall have 
full responsibility for distributing or expending all such sums 
received and no agency, political subdivision, private person, 
partnership, firm, association or corporation shall have any 
claim against any signatory state other than the payee state, 
nor against the commission relative to such economic losses 
and damages. 

A signatory state may, in agreement with the commission 
and the chief of engineers, acquire title or option to acquire 



444 Chapter 202 [1951 

title to any or all lands, rights or other property required for 
any flood control dam and reservoir within its boundaries 
and transfer such titles or options to the United States. When- 
ever the fair cost to said signatory state for such titles or 
options, as determined by the commission, is greater than the 
amount received therefor from the United States, the Com- 
monwealth of Massachusetts and the state of Connecticut shall 
each pay its share of such excess cost to said signatory state, 
such share to be determined by the commission in accordance 
with procedure herein contained for determining reimburse- 
ment for economic losses and damages. 

Whenever the commission shall not agree, within a reason- 
able time or within sixty days after a formal request from 
the governor of any signatory state, concerning reimburse- 
ment for loss of taxes or for economic losses and damages 
at any flood control dam and reservoir heretofore or hereafter 
constructed- by the United States in the Connecticut River 
Valley, or concerning the extent, if any, to which reimburse- 
ment shall be made for additional loss of taxes and for addi- 
tional economic losses and damages caused by construction, 
reconstruction, alteration or use of any such dam for pur- 
poses other than flood control, the governor of each signatory 
state shall designate a. person from his state as a member of 
a board of arbitration, hereinafter called the board, and the 
members so designated shall choose one additional member 
who shall be chairman of such board. Whenever the members 
appointed by the governors to such board shall not agree 
within sixty days on such additional member of the board, 
the governors of such signatory states shall jointly designate 
the additional member. The board shall by majority vote de- 
cide the question referred to it and shall do so in accordance 
with the provisions of this compact concerning such reim- 
bursement. The decision of the board on each question refer- 
red to it concerning reimbursement for loss of taxes and for 
economic losses and damages shall be binding on the commis- 
sion and on each signatory state, notwithstanding any other 
provision of this compact. 

Article VI 

Nothing contained in this compact shall be construed as a 
limitation upon the authority of the United States. 



1951] Chapter 202 ' 445 

Article VII 

The signatory states agree to appropriate for compensation 
of agents and employees of the commission and for office, 
administrative, travel and other expenses on recommenda- 
tion of the commission subject to limitations as follows: The 
Commonwealth of Massachusetts obligates itself to not more 
than seventy-five hundred (7500) dollars in any one year, the 
state of New Hampshire obligates itself to not more than one 
thousand (1000) dollars in any one year, the state of Vermont 
obligates itself to not more than one thousand (1000) dollars 
in any one year and the state of Connecticut obligates itself 
to not more than sixty-five hundred (6500) dollars in any 
one year. 

Article VIII 

Should any part of this compact be held to be contrary to 
the constitution of any signatory state or of the United States, 
all other parts thereof shall continue to be in full force and 
effect. 

Article IX 

This compact shall become operative and effective when 
ratified by the Commonwealth of Massachusetts and the 
states of New Hampshire, Vermont and Connecticut and ap- 
proved by the Congress of the United States. Notice of ratifi- 
cation shall be given by the governor of each state to the 
governors of the other states and to the President of the 
United States, and the President of the United States is re- 
quested to give notice to the governors of each of the signatory 
states of approval by the Congress of the United States. 

2. Procedure for Notification and Recordation of Compact. 
The said agreement or compact when ratified by the legis- 
latures of each of said states and approved by the Congress 
of the United States, shall thereupon become operative and 
eftective. The governor is authorized and directed forthwith 
to notify the governors, respectively, of the said states and 
the President of the United States, that the state of New 
Hampshire on its part has approved and ratified said compact 
or agreement. Upon its execution in quintuplicate by the 
commissioners or representatives of each of said states as 
aforesaid, a duly executed original thereof shall be filed in 
the office of the secretary of state of the state of New Hamp- 



446 Chapter 202 [1951 

shire, tog-ether with the original notice of ratification received 
from the governors of the remaining signatory states, and 
such notice, if any, as may be received from the President 
or the Congress of the United States, signifying the approval 
of such Congress thereto. 

3. Appointirient of Commission. Within thirty days after 
the aforesaid agreement or compact shall have become efi'ec- 
tive as provided in section 2 of this act, the governor shall, 
with advice and consent of the council, appoint three mem- 
bers of the Connecticut River Valley Flood Control Commis- 
sion, one of whom shall serve until the first day of May, 
nineteen hundred and fifty-two, and one of whom shall serve 
until the first day of May, nineteen hundred and fifty-three 
and one of whom shall serve until the first day of May, nine- 
teen hundred and fifty-four. In the month of April, nineteen 
hundred and fifty-two, and each year thereafter, the governor, 
by and with the advice and consent of the council, shall ap- 
point one member of the said commission whose term of oflice 
shall be three years from and after the first day of May of 
the year in which he is appointed. 

4. Vacancies. In the event of a vacancy in the commission 
the governor sliall, with the advice and consent of the council, 
appoint a member to serve only for the unexpired term. Any 
member of the commission shall be eligible for reappointment. 

5. Compensation. Each commissioner designated or ap- 
pointed by the governor and council, who, while such com- 
missioner, holds no salaried state office, shall be paid by the 
state as compensation the sum of thirty dollars for each day's 
service performed in connection with his duties as such 
commissioner but not to exceed six hundred dollars in any 
fiscal year. Such compensation shall be paid by the state 
treasurer, upon warrant of the governor, with the advice and 
consent of the council, upon bills approved by the chairman 
or vice chairman and treasurer of the commission. All com- 
missioners shall be entitled to their actual expenses incurred 
in the performance of their duties as such. 

6. Appropriation. The sum of one thousand dollars is 
hereby appropriated for the fiscal year ending June 30, 1952, 
and a like sum for the fiscal year ending June 30, 1953, for the 
purpose of carrying out the provisions of Article VII of said 
compact or agreement relating to payment by the state to 



1951] Chapter 203 447 

the Connecticut River Valley Flood Control Commission of 
the proportionate share of the state in the expenses of said 
commission. For the purposes of section 5, an additional sum 
of one thousand eight hundred dollars is appropriated for 
the fiscal year ending June 30, 1952 and a like sum for the 
fiscal year ending June 30, 1953. 

7. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 2, 1951.] 



CHAPTER 203. 



AN ACT AMENDING THE LAWS AFFECTING THE PUBLIC SERVICE 

COMMISSION AND PERSONS AND COMPANIES SUBJECT 

TO ITS JURISDICTION. 

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

1. Application of Statutes. Wherever in the following 
sections the words "public service commission" are used, they 
shall be deemed to apply and refer to the public utilities com- 
mission, hereby established: section 9, chapter 56 of the Re- 
vised Laws; sections 29, 30, 31 and 32 of chapter 83 of the 
Revised Laws; section 12, chapter 177 of the Revised Laws; 
section 1, chapter 295 of the Revised Laws; section 7, chapter 
298 of the Revised Laws ; section 20, chapter 298 of the Revised 
Laws. 

2. Zoning for Public Utilities. Amend section 52 of chap- 
ter 51 of the Revised Laws by striking out said section and 
inserting in place thereof the following: 52. Purposes in 
View. Such regulations shall be made in accordance with a 
comprehensive plan and designed to lessen congestion in the 
streets; to secure safety from fires, panic and other dangers; 
to promote health and the general welfare ; to provide adequate 
light and air ; to prevent the overcrowding of land ; to avoid un- 
due concentration of population ; to facilitate the adequate pro- 
vision of transportation, water, sewerage, schools, parks and 
other public requirements. Such regulations shall be made 
with reasonable consideration, among other things, to the 
character of the district and its peculiar suitability for partic- 



448 Chapter 203 [1951 

ular uses, and with a view to conserving- the value of build- 
ings and encouraging the most appropriate use of land 
throughout such municipality. A regulation made under this 
subdivision shall not apply to existing structures nor to the 
existing use of any building, but it shall apply to any alteration 
of a building for use for a purpose or in a manner substantially 
different from the use to which it was put before alteration. 
Structures used or to be used by a public utility may be ex- 
empted from the operation of any regulation made under this 
subdivision, if upon petition of such utility the public utilities 
commission shall after a public hearing decide that the present 
or proposed situation of the structure in question is reasonably 
necessary for the convenience or welfare of the public. 

3. Change of Name. Amend the definition of commission 
in section 2, chapter 56 of the Revised Laws, by striking out 
said definition and inserting in place thereof the following: 
"Commission," the public utilities commission, so that said 
section as amended shall read as follows: 2. Definitions. 
Unless the context otherwise requires, the following words, as 
used herein, shall have the following meanings : 

"Commission," the pubhc utilities commission. 

"Utility," any public utility engaged in the manufacture, 
distribution, or sale of gas, electricity, or water in the state. 

"Muncipality," and city, town, or village district within 
the state. 

4. Acquisition of Water Utilities. Amend section 8 of 
chapter 56 of the Revised Laws by striking out the same and 
inserting in place thereof the following : 8. Agreement. The 
mayor and council of a city, the selectmen of a town, or the 
commissioners of a village district, may negotiate and agree 
with the utility upon the price to be paid for such plant and 
property; provided, however, that such agreement shall not 
be binding upon any city until ratified by a vote of the city 
council or upon any town or village district until ratified by 
the voters of said town or village district in the manner pro- 
vided in section 5. In the case of water utilities the agi'eement 
may be ratified by a majority vote in a town or village district 
in the manner otherwise provided in section 5. Such vote shall 
be had within ninety days of the date of the filing of the reply 
provided in section 7. 



1951] Chapter 203 449 

5. Necessity for Application. Amend section 7 of chapter 
181 of the Revised Laws by striking out said section and in- 
serting in place thereof the following : 7. Common Carriers, 
Applications, Orders. No person shall engage in the business 
of operating a boat as a common carrier of passengers or prop- 
erty operating on a regular route and schedule between points 
on the public waters of the state unless upon order of the com- 
mission authorizing such operations. Application for author- 
ization required herein shall be made in writing to the com- 
mission and shall contain such information as the commission 
shall require. A commission order will issue to any qualified 
applicant therefor, authorizing the whole or any part of the 
operations covered by the application, if it is found that the 
applicant is fit, willing and able properly to perform the service 
proposed and to conform to the provisions of this chapter 
and the rules and regulations issued by the commission there- 
under, and that the proposed service is or will be required by 
the present or future public convenience and necessity ; other- 
wise such application shall be denied. 

6. Notice to Commission. Amend chapter 181 of the Re- 
vised Laws by inserting after section 8 the following new 
section : 8-a. Change in Rates, Charges and Schedules. Un- 
less the commission otherwise orders, no change shall be made 
in any rate, fare, charge or price, which have been filed or 
published by a common carrier by water in compliance with the 
requirements hereof, except after thirty days' notice to the 
commission and such notice to the public as the commission 
shall direct. 

7. Commercial Outboard Motors. Amend section 11 of 
chapter 181 of the Revised Laws by inserting before the word 
"outboard" in the fifth line the word, commercial, so that said 
section, as amended, shall read as follows: 11. Commercial 
Boats, Penalty. The commission, after hearing, may revoke 
or suspend the certificate of any captain, master, pilot or en- 
gineer of any commercial boat for violation of any section of 
this chapter or the rules and regulations prescribed there- 
under. Any person who shall use any commercial boat or com- 
mercial outboard motor on any public waters in this state with- 
out a certificate of inspection, or shall act as captain, master, 
pilot, engineer or operator on any such boat or launch with- 
out having been examined and certified in that capacity, or 



450 Chapter 203 [1951 

shall so act when his certificate has been revoked or suspended, 
or who shall violate any rule or regulation prescribed by the 
commission with reference to the inspection, equipment, or 
operation of such boats or launches, shall be fined not more 
than five hundred dollars, or imprisoned not more than one 
year, or both. 

8. Cooperative Marketing Associations. Amend section 56 
of chapter 273 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 56. Jurisdiction 
of Public Utilities Commission. Cooperative marketing asso- 
ciations organized for purposes of rural electrification shall be 
subject to the jurisdiction of the public utilities commission. 

9. Repeal. Amend chapter 285 of the Revised Laws by 
striking out said chapter and inserting in place thereof the 
following new chapter : 

Chapter 285 

Definition of Terms 

1. Commission. The term commission, as used in this 
title, means the public utilities commission. 

2. Public Utility. The term public utility shall include 
every corporation, company, association, joint stock asso- 
ciation, partnership and person, their lessees, trustees or re- 
ceivers appointed by any court, except municipal corporations 
operating within their corporate limits, owning, operating or 
managing any railroad or bus line for the common carriage 
of passengers, or carrying on a public express business over 
the line of any railroad, any plant or equipment or any part of 
the same for the conveyance of telephone or telegraph messages 
or for the manufacture or furnishing of light, heat, power or 
water for the public, or in the generation, transmission or sale 
of electricity ultimately sold to the public or owning or operat- 
ing any toll bridge or toll road, or owning or operating any 
steam or other power boat engaged in the common carriage of 
passengers or freight, or owning or operating any pipe line, in- 
cluding pumping stations, storage depots and other facilities, 
for the transportation, distribution or sale of gas, crude petro- 
leum, refined petroleum products, or combinations thereof, co- 
operative marketing associations, organized for purposes of 
rural electrification, or any other business except as herein- 



1951] Chapter 203 451 

after exempted, over which at the date of this act the public 
service commission exercises jurisdiction. 

3. Railroad. The term railroad shall include every rail- 
road and street railway, by whatever power operated, which 
is open to public use in the conveyance of persons or property 
for a compensation, also all bridges, grade crossings, under- 
passes, switches, spurs, tracks, equipment, stations, and termi- 
nals and other facilities and property of every kind whatever, 
used, operated, or owned by or in connection with any such 
railroad or railway. 

4. Water Companies, When Not Public Utilities. No 
such corporation, company, association, joint stock association, 
partnership, or person shall be deemed to be a public utility by 
reason of the ownership or operation of any water system or 
part thereof, if the whole of such water system shall supply 
a less number of consumers than ten, each family, tenement, 
store, or other establishment being considered a single con- 
sumer. 

5. Exemption of Manufacturing Establishments Selling 
Surplus Electricity. The commission may exempt any person 
or corporation engaged in manufacturing and carrying on in 
this state a manufacturing establishment the product of which 
is something besides power, and producing electricity primarily 
for the operation of such establishment or incidental thereto, 
from any or all provisions of this title, except those directly 
relating to rates and service, whenever the commission may 
find such exemption consistent with the public good. 

10. Repeal. Amend chapter 286 of the Revised Laws by 
striking out said chapter and inserting in place thereof the 
following new chapter : 

Chapter 286 

The Public Utilities Commission 
Appointment, Qualification, Etc. 

1. Commission, Term. There shall be a public utilities 
commission, composed of three competent persons. Their term 
of ofl^ice shall be for six years and until their successors are 
appointed and qualified. 

2. Appointment. In each odd numbered year the gov- 
ernor, with the advice and consent of the council, shall appoint 



452 Chapter 203 [1951 

one commissioner to take office on the first day of July of that 
year. Vacancies shall be filled in like manner for the un- 
expired term. 

3. Chairman. The chairman of the commission shall be 
appointed and commissioned as such. 

4. Disqualifications. No person who owns stock in, or is 
employed by or otherwise pecuniarily interested in any public 
utility in this state, or any affiliate thereof shall be appointed 
upon said commission. 

5. Disqualification After Appointment. If after his 
appointment any commissioner shall voluntarily become in- 
terested pecuniarily in any such public utility, or affiliate, he 
shall be removed by the governor and council, and if he shall 
become so interested otherwise than voluntarily, and shall not 
within a reasonable time thereafter divest himself of such in- 
terest, he shall be so removed. 

6. Removal. The governor and council may at any time 
remove any commissioner for inefficiency, neglect of duty or 
malfeasance in office; but no commissioner shall be removed 
without a hearing after notice in writing of the charges against 
him. 

7. Prohibited Service. No member of the commission 
shall render any professional service for any public utility in 
this state, or any affiliate thereof, or act as attorney or render 
professional service against any such public utility or affiliate ; 
nor shall he be a member of a firm which renders any such 
service; nor shall he directly or indirectly be a party to any 
contract with any such public utility, except a contract for 
the transportation of telephone or telegraph messages, or of 
passengers or property, or a contract for the purchase of 
water, gas or electricity or for other similar service. 

8. Offices Prohibited. No commissioner shall hold any 
national or other state office of profit except the office of justice 
of the peace or notary public. 

9. Violation of Provisions. If any commissioner shall 
violate any provision of the two preceding sections he may be 
removed by the governor and council. 

10. Compensation. Each commissioner shall receive an 
annual salary of six thousand five hundred dollars, plus such 
automatic annual increases as are provided by the Laws of 



1951] Chapter 203 453 

1947, chapter 250, section 2, and reasonable expenses, includ- 
ing transportation, subject to the approval of the governor and 
council. 

11. Expenditures. In the exercise of the authority and 
performance of the duties prescribed by law, the commission 
shall have the authority, with the approval of the governor 
and council and within the limits of the appropriation for such 
purpose, to employ and fix the compensation of such regular 
staff, including experts, as it shall deem necessary. Should 
emergency require, it may in addition to the sums appropriated 
for its use by the legislature expend such further sums as 
the governor and council may approve, such further sums to be 
paid out of any money in the treasury not otherwise appro- 
priated. 

12. Documents, Any record, order, certificate, or other 
process, document, or paper, issued or made by the commis- 
sion may be signed by such member of the staflf as the com- 
mission may authorize for such purpose. 

13. Seal. The commission shall have an official seal in 
such form as the commission may prescribe, and all copies of 
official documents and orders filed or deposited with or made 
by said commission, duly certified and authenticated by said 
seal, shall be received in evidence in any court in like manner 
as originals. 

14. Office. The commission shall be provided with an 
ofl!ice in which its records, documents and books shall be kept, 
and with a suitable room in which it may hold hearings, 

15. Quorum. A majority of the commission shall con- 
stitute a quorum to transact business, and any hearing or in- 
vestigation may be held or conducted by two commissioners or 
by a single commissioner; but no order, rule or regulation 
shall be made and promulgated except by the full commission 
or a majority thereof, 

16. Request for Full Commission. No hearing or in- 
vestigation, except in accident cases, shall be held or conducted 
by a single commissioner if any party whose interests may be 
affected shall, five days before the date of hearing, file a re- 
quest in writing that the same be held or conducted by the full 
commission, or a majority thereof. If no such request is filed, 
the commission may assign one of its members or appoint a 



454 Chapter 203 [1951 

qualified member of its staff as examiner to hear the parties, 
report the facts, and make recommendations to the commis- 
sion. 

Disqualification of Member and Special Commissioner 

17. Disqualification. No commissioner shall sit upon the 
hearing of any question which the commissioner is to decide 
in a judicial capacity who would be disqualified from any 
cause, except exemption from service and knowledge of the 
facts involved gained in the performance of his official duties, 
to act as a juror upon the trial of the same matter in an action 
of law. 

18. Special Commissioner. If at any time a commis- 
sioner shall be disqualified or unable to perform the duties of 
his office, the governor upon application of the commission may, 
with the consent of the council, appoint a special commissioner 
to act in his place during the period of the commissioner's dis- 
qualification or inability to act. 

19. Compensation. The commissioner so appointed shall 
be paid a reasonable compensation per day for his services, 
and his necessary expenses, to be allowed by the governor and 
council and paid from the state treasury. 

Investigation of Interstate Matters 

20. Investigations. The commission may, upon com- 
plaint, investigate all existing or proposed interstate rates, 
fares, charges, classifications and rules and regulations relating 
thereto, where any act thereunder may take place within this 
state. 

21. Petitioners, etc. When the same are found to be, in 
the opinion of the commission, unjust, unreasonable, unjustly 
discriminatory or otherwise in any respect in violation of the 
provisions of the act to regulate commerce, or of any other act 
of congress, or in conflict with the rules and orders of the 
interstate commerce commission, or of any other department 
of the federal government, the commission may apply for re- 
lief by petition or otherwise to the interstate commerce com- 
mission, or to any other department of the federal government, 
or to any court of competent jurisdiction. 



1951] Chapter 203 455 

Reports of Commission 

22. Biennial. The commission shall publish and file with 
the secretary of state a report to the governor and the legis- 
lature not later than December first in the year preceding the 
biennial session of the legislature. Such report shall contain 
such account of its proceedings for the two years last preced- 
ing, and such suggestions and recommendations as to needed 
legislation or as to other matters affecting public utilities, as 
the commission may desire to submit. 

23. Publications. The commission may, from time to 
time, subject to the approval of the governor and council, 
publish such of its reports and orders and such statistics and 
other infoiTnation concerning public utilities doing busness in 
this state as the commission may deem to be of public interest. 

Commission Conferences 

24. Co-operation with Other Agencies. The commission 
may confer and co-operate with any other state, federal, or 
local agency in any matter relating to its duties. 

11. Repeal. Amend chapter 287 of the Revised Laws by 
striking out said chapter and inserting in place thereof the 
following new chapter: 

Chapter 287 

Complaints to, and Proceedings before, the Commission 

Complaints and Investigations 

1. Complaint Against Public Utilities. Any person may 
make complaint to the commission, by petition setting forth 
in writing any thing or act claimed to be done or omitted to 
be done by any public utility in violation of any provision of 
law, or of the terms and conditions of its franchises or charter, 
or of any order of the commission. 

2. Order. Thereupon the commission shall cause a copy 
of said complaint to be forwarded to the public utility com- 
plained of, which may be accompanied by an order, requiring 
that the matters complained of be satisfied, or that the 
charges be answered in writing within a time to be specified 
by the commission. 

3. Reparation. If the public utility complained of shall 
make reparation for any injury alleged and shall cease to 
commit or to permit the violation of law, franchise, or order 



456 Chapter 203 [1951 

charged in the complaint, and shall notify the commission of 
that fact before the time allowed for answer, the commission 
shall not be required to take any further action upon the 
charges. 

4. Investigation. If the charges be not thus satisfied, 
and it shall appear to the commission that there are reasonable 
grounds therefor, it shall investigate the same in such manner 
and by such means as it shall deem proper, and, after notice 
and hearing, take such action within its powers as the facts 
justify. 

5. Independent Inquiry. The commission of its own 
motion or upon petition of a public utility may investigate or 
make inquiry in a manner to be determined by it as to any 
rate charged or proposed or as to any act or thing done, or 
omitted to be done or proposed by any public utility ; and the 
commission shall make such inquiry in regard to any rate 
charged or proposed or to any act or thing done or omitted to 
be done or proposed by any such utility in violation of any pro- 
vision of law or order of the commission. 

6. Inspection. It may at any time personally, or by its 
experts or agents, inspect the property, works, system, plant, 
devices, appliances and methods used by any public utility, or 
its books, papers and records. 

7. Authority to Inspect. Any expert or agent of the 
commission, who shall make a demand on behalf of the com- 
mission to be allowed to inspect as aforesaid, shall produce 
written authority to make such inspection signed by the clerk 
or assistant clerk or some member of the commission. 

Proceedings before the Commission 

8. Rules, etc. The commission shall have power to adopt 
and publish rules to govern its proceedings, and to regulate the 
mode and manner of all investigations and hearings before it, 
and all hearings shall be open to the public. 

9. Evidence. In any such investigation or hearing the 
commission shall not be bound by the technical rules of 
evidence. 

10. Summons; Oath. The commission shall have power 
to subpoena witnesses and administer oaths in any proceeding 
or examination instituted before or conducted by it, and to 



19.51] Chapter 203 457 

compel, by subpoena duces tecum, the production of any 
accounts, books, contracts, records, documents, memoranda 
and papers of any kind whatever. 

11. Witnesses. Witnesses summoned before the com- 
mission shall be paid the same fees as witnesses summoned to 
appear before the superior court, and such summons issued by 
any justice of the peace shall have the same effect as thoug-h 
issued for appearance before such court. 

12. Violation, Any person who wilfully shall fail or re- 
fuse to attend to testify or to answer any lawful inquiry or to 
produce books, papers, correspondence, memoranda, contracts, 
agreements, or other records, if in his or its power so to do, 
in obedience to the subpoena of the commission, shall be sub- 
ject to the provisions of sections 17 and 18 of chapter 370 of 
the Revised Laws. 

13. Fees. When any such summons shall be endorsed 
by the clerk, or assistant clerk, or by a commissioner, as 
follows, ''Legal fees of witnesses guaranteed by the State," 
advance payment of fees shall not be required, but any witness 
served with such summons shall appear as directed therein as 
a witness for the state, and his legal fees therefor shall be paid 
out of any appropriation for the use of the commission avail- 
able for the purpose. 

14. Sworn Copies. In lieu of requiring production of 
originals by subpoena duces tecum the commission may require 
sworn copies of any such books, records, contracts, documents 
and papers or parts thereof be filed with it. 

15. Specific Answers. The commission may also require 
any public utility to make specific answers to questions upon 
which the commission may need information. 

16. Testimonial Privilege. No person shall be excused 
from testifying or from producing any book or paper in any 
investigation or inquiry by or upon any hearing before the 
commission, when ordered to do so by the commission, upon 
the ground that the testimany or evidence, book or document 
required of him may tend to incriminate him or subject him 
to a penalty or forfeiture; but no person shall be prosecuted, 
punished or subjected to any penalty or forfeiture for or a 
account of any act, transaction, matter or thing concerning 
which under oath, after claiming his privilege, he shall by 



458 Chapter 203 [1951 

order of the commission have testified or produced docu- 
mentary evidence. 

17. Perjury. No person so testifying shall be exempt 
from prosecution or punishment for any perjury committed by 
him in his testimony. 

18. Corporate Immunity. Nothing herein contained 
shall give to any corporation immunity of any kind. 

19. Independent Investigation. In any case in which the 
commission may hold a hearing it may, before or after such 
hearing, make such independent investigation as in its judg- 
ment the public good may require; provided, that, whenever 
such investigation shall disclose any facts which the commis- 
sion shall intend to consider in making any decision or order, 
such facts shall be stated and made a part of the record, and 
any party whose rights may be affected shall be afforded a 
reasonable opportunity to be heard with reference thereto or 
in denial thereof. 

20. Questions of Law. The commission may at any time 
reserve, certify and transfer to the supreme court for decision 
any question of law arising during the hearing of any matter 
before the commission. 

21. Rehearings and Appeals. The procedure for rehear- 
ings and appeals shall be that prescribed by chapter 414, ex- 
cept as herein otherwise provided. 

22. Common Carriers. Whenever the commission shall 
be of the opinion, after a hearing had upon its own motion or 
upon complaint, that any part of any public utility operating 
as a common carrier of passengers or freight within the state 
reasonably requires alteration or reconstruction, or that the 
regulations, practices, equipment, appliances or service of any 
such public utility in respect to transportation of persons or 
property within the state are unjust, unreasonable, unsafe, 
improper or inadequate, the commission shall determine the 
reconstruction or alteration reasonably required, or the just, 
reasonable, safe, adequate and proper regulations, practices, 
equipment, appliances and service thereafter to be in force or 
to be provided, and shall fix and prescribe the same by order 
to be served upon every such public utility to be bound thereby. 

23. Effect of Orders. Thereafter it shall be the duty of 
every such public utility to observe and obey every require- 



1951] Chapter 203 459 

ment of such order so served upon it, and to do everything 
necessary or proper in order to secure compliance with, and 
observance of, the same, by all the officers, agents and em- 
ployees. 

24. Railroads, Service. No railroad shall tear up and 
remove or discontinue the use of any portion of its track, other 
than spur, industrial or storage tracks, or curtail any part of 
its service to the public afforded by its regular passenger 
trains or at its stations without notice to the commission and 
such notice to the public as the commission may direct. Upon 
complaint or upon its own motion, the commission may in- 
vestigate the reasonableness of the proposed action of the 
railroad and, after hearing, may determine whether the pro- 
posed action is consistent with the public good, and may by 
order forbid the proposed removal of tracks or prescribe the 
service which shall thereafter be rendered. If the commission 
so directs, no removal of tracks or change in the service 
rendered by the railroad shall be made pending the decision of 
the commission in any such proceedings; provided, however, 
that such obligation to continue the service shall be operative 
for a period not exceeding sixty days after the close of such 
hearings as may be held by the commission. 

25. Duration, Rates. The rates, fares and charges fixed 
and allowed by the commission to be charged and collected by 
any public utility shall remain in effect until altered by a sub- 
sequent order of the commission or until a new schedule of 
rates, fares and charges shall have been filed or published by 
the utility in accordance with chapter 292, section 3. 

26. Other Orders. Except as otherwise herein provided, 
every order of the commission requiring any public utility to 
do or not to do anything shall take effect at the time therein 
specified, and shall continue in effect for such period as shall 
be therein designated, and if no period shall be designated, un- 
til the same shall be altered, amended, suspended, annulled, 
set aside or otherwise modified by the commission or the court. 

27. Notice. Orders of the commission granting author- 
ity or permission to do any act or thing need not be served; 
but the exercise in any part of the authority or permission 
granted in any such order shall charge the party so exercising 
such authority or permission with full knowledge of said 



460 Chapter 203 [1951 

order; and such party shall comply with all requirements there- 
of, and fully conform thereto. 

28. Altering. At any time after the making and entry 
thereof, the commission may, after notice and hearing, alter, 
amend, suspend, annul, set aside or otherwise modify any 
order made by it. 

29. Orders for Reparation. Whenever complaint has 
been made to the commission covering any rate, fare, charge 
or price demanded and collected by any public utility, and the 
commission has found, after hearing and investigation, that an 
illegal or unjustly discriminatory rate, fare, charge or price 
has been collected for any service, the commission may order 
the public utility which has collected the same to make due 
reparation to the person who has paid the same, with interest 
from the date of the payment. Such order for reparation shall 
cover only payments made within two years before the date of 
filing the petition for reparation. 

30. Waiver of Hearing. Such order may be made with- 
out formal hearing whenever the public utility affected shall 
assent in writing thereto, or file or join in a petition therefor. 

Service of Orders 

31. Upon Agent. Every order required to be served 
shall, where the public utility affected has an agent in the 
city of Concord, appointed as provided herein, be served upon 
said agent by giving a certified copy thereof to him in hand, 
or by leaving a like copy at his office or residence. 

32. If No Agent. If no agent has been so appointed 
service may be made by giving a like copy to any person upon 
whom service could be made in an action at law against such 
public utility, or by sending the same by mail, postage pre- 
paid, addressed to such public utility at any usual post office 
address of the same. 

33. Appointment of Agent. Any public utility may, by 
writing filed with the commission, appoint an agent who shall 
reside and have an office in the city of Concord, upon whom 
service for and on its behalf may be made by the commission. 
Such appointment may at any time be revoked or a new 
appointment made by like writing similarly filed. 



1951] Chapter 203 461 

Reparations, Fees, and Costs 

34. Failure to Pay. Any public utility ordered to make 
reparation hereunder shall conform to said order and make 
payment as required therein. Upon failure to make such pay- 
ment upon demand, the amount ordered paid may be recovered 
with interest in an action of debt brought by the person to 
whom payment was ordered, except that, in the case of costs 
ordered paid to the commission, suit shall be brought in the 
name of the state. Like action may also be brought to recover 
fees due the commission. 

35. Costs. In any action brought to recover costs, fees 
or reparation ordered the plaintiff shall be entitled to tax as 
costs all of his necessary expenses in the action, including 
reasonable attorney's fees. 

36. Fees for Copies. The commission may fix and collect 
reasonable fees for copies of its records, certified or otherwise, 
for copies of testimony taken before the commission and for its 
publications. 

37. Expense of Investigation. Whenever any investi- 
gation shall be necessary to enable the commission to pass 
upon any petition for authority to issue stocks, bonds, notes, 
or other evidence of indebtedness, for authority to operate as 
a public utility, to make extensions into new territory, to dis- 
continue service, to condemn property for flowage rights and 
dam construction, or for authority to sell, consolidate, merge, 
transfer, or lease the plant, works, or system of any public 
utility, or any part of the same, the petitioner shall pay to the 
commission the expense involved in the investigation of the 
matters covered by said petition, including the amounts ex- 
pended for experts, accountants, or other assistants, and 
salaries and expenses of all employees of the commission for 
the time actually devoted to said investigation, but not includ- 
ing any part of the salaries of the commissioners, or the fees 
of experts testifying as to values in condemnation proceedings. 

38. Rates. Whenever any investigation shall be neces- 
sary to enable the commission to pass upon the reasonableness 
of the rates or charges by a public utility, the utility, upon 
order of the commission, shall pay to the commission its ex- 
penses involved in the investigation, including the amounts 
expended by it for attorneys, experts, accountants, or other 



462 Chapter 203 [1951 

assistants, and the salaries and expenses of all employees of 
the commission for the time actually devoted to said in- 
vestigation, but not including any part of the salaries of the 
commission; provided, that the amount charged to the utility 
by the commission in any such case shall not exceed three- 
quarters of one per cent of the existing valuation of the 
utility investigated, such expenses with six per cent interest 
to be charged by the utility to operating expenses and amor- 
tized over such period as the commission shall deem proper 
and allowed for in the rates to be charged by the utility. 

39. Disposal of Fees. All sums collected in fees by the 
commission or paid to it as costs shall be paid to the state 
treasurer at least once each month, with an itemized statement 
of the same. 

Penalties, Etc. 

40. Compliance Required. Every public utility and all 
officers and agents of the same shall obey, observe, and com- 
ply with every order made by the commission under authority 
of this title so long as the same shall be and remain in force. 

41. Penalty, Against Party. Any public utility which 
shall violate any provisions of this title, or fails, omits or 
neglects to obey, observe or comply with any order, direction 
or requirement of the commission, shall be fined not more than 
five thousand dollars. 

42. Against Agent. Every officer and agent of any such 
public utility who shall wilfully violate, or who procures, aids, 
or abets any violation of this title, or who wilfully fails to obey, 
observe, and comply with any order of the commission, or pro- 
cures, aids or abets any such public utility in its failure to 
obey, observe, and comply with any such order or provision, 
shall be fined not more than one thousand dollars, or im- 
prisoned not more than six months, or both. 

43. Recovery of Forfeiture. Any forfeiture incurred 
under the provisions of this chapter shall be recovered in an 
action brought by the attorney-general in the name of the 
state, and when recovered shall be paid to the state treasurer. 

44. Institution of Action. The commission shall have 
authority to direct the institution of such action, and the 
attorney-general may institute it without direction whenever 
he shall have knowledge that such forfeiture has been incurred. 



1951] Chapter 203 463 

12. Repeal. Chapter 288 of the Revised Laws is hereby 
repealed. 

13. Receiving Evidence. Amend section 14 of chapter 
414 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 14. Additional 
Evidence. No new or additional evidence shall be introduced 
in the supreme court, but the case shall be determined upon the 
record and evidence transferred, except that in any case, if it 
shall be necessary in order that no party shall be deprived of 
any constitutional right, or if the court shall be of the opinion 
that justice requires the reception of evidence of facts which 
have occurred since the hearing, or which by reason of 
accident, mistake, or misfortune could not have been offered 
before the commission, it shall remand the case to the com- 
mission to receive and consider such additional evidence. 

14. Repeal. Sections 15 and 16 of chapter 414 of the 
Revised Laws are hereby repealed. 

15. Rules of Evidence. Amend section 19 of chapter 414 
of the Revised Laws by striking out the words "and all addi- 
tional evidence received may be" in the second line, so that the 
amended section shall read : 19. Evidence, How Considered. 
All evidence transferred by the commission shall be considered 
by the court regardless of any technical rule which might have 
rendered the same inadmissible if originally offered in the trial 
of an action at law. 

16. Effect of Appeal. Amend section 20 of chapter 414 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following section : 20. Suspension of Order. 
No appeal or other proceedings taken from an order of the 
commission shall suspend the operation of such order; pro- 
vided, that the supreme court may order a suspension of such 
order pending the determination of such appeal or other pro- 
ceeding whenever, in the opinion of the court, justice may re- 
quire such suspension ; but no order of the public utilities com- 
mission providing for a reduction of rates, fares, or charges 
or denying a petition for an increase therein shall be suspended 
except upon conditions to be imposed by the court providing 
a means for securing the prompt repayment of all excess rates, 
fares, and charges over and above the rates, fares, and charges 
which shall be finally determined to be reasonable and just. 



464 Chapter 203 [1951 

17. Repaying Excess Rates. Amend section 21 of chapter 
414 of the Revised Laws by striking- out said section and in- 
serting in place thereof the following: 21. Conditions. Any 
order of the court suspending an order of the public utilities 
commission fixing rates, fares, charges, or prices shall, among 
other things, provide that the public utility affected by the 
order suspended shall keep such accounts as shall suffice to 
show the amount being collected by such public utility, pend- 
ing the appeal, in excess of the amounts which it would have 
collected if the order or decree of the commission had not been 
suspended, and shall provide such means as the court shall de- 
termine to secure the prompt repayment of all excess rates, 
fares and charges over and above the rates, fares and charges 
which shall finally be determined to be reasonable and just. 

18. New Section. Amend chapter 414 of the Revised Laws 
by inserting after section 21 the following new section: 21-a. 
Contempt of C^urt. Whenever there is occasion after final 
decision for the distribution of said excess, any violation on the 
part of any public utility, or of the officers or members thereof, 
of the order of the court providing for the repayment of said 
excess may be punished as a contempt of court. 

19. New Section. Amend chapter 414 of the Revised Laws 
by inserting after section 21-a the following new section: 
21-b. Exceptions. The provisions of this chapter shall not 
apply to appeals from the assessment of damages in eminent 
domain proceedings, but such appeals shall be taken and prose- 
cuted as otherwise provided. 

General Public Utility Duty 

20. Supervision by Commission. Amend section 3 of chap- 
ter 289 of the Revised Laws by striking out said section and 
inserting in place thereof the following: 3. Extent. The 
commission shall have the general supervision of all public 
utilities and the plants owned, operated or controlled by the 
same, so far as necessary to carry into effect the provisions of 
this title. 

21. Duty of Public Utilities. Amend section 1 of chapter 
289 of the Revised Laws by striking out said section and in- 
serting in place thereof the following: 1. Service. Every 
public utility shall furnish such service and facilities as shall be 



1951] Chapter 203 465 

reasonably safe and adequate and in all other respects just and 
reasonable. 

22. Amounts Charged. Amend section 2 of chapter 289 of 
the Revised Laws by striking out said section and inserting in 
place thereof the following: 2. Charges. All charges made 
or demanded by any public utility for any service rendered by 
it or to be rendered in connection therewith, shall be just and 
reasonable and not more than is allowed by law or by order 
of the public utilities commission. Every charge that is unjust 
or unreasonable, or in excess of that allowed by law or by 
order of the commission, is prohibited. 

23. Commission Keeping Informed. Amend section 4 of 
chapter 289 of the Revised Laws by striking out said section 
and inserting in place thereof the following: 4. Duty to 
Keep Informed. The commission shall have power, and it 
shall be its duty, to keep informed as to all public utilities in 
the state, their capitalization, franchises and the manner in 
which the lines and property controlled or operated by them 
are managed and operated, not only with respect to the safety, 
adequacy and accommodation afforded by their service, but 
also with respect to their compliance with all provisions of 
law, orders of the commission and charter requirements. 

24. Duty of UtiUty to Inform Commission. Amend chapter 
289 of the Revised Laws by inserting after section 4 the follow- 
ing new section: 4-a. Additions and Improvements. For 
the purpose of enabling the commission to perform its duty to 
keep informed as provided in section 4, every public utility be- 
fore making any addition, extension, or capital improvement to 
its fixed property in this state, except under emergency condi- 
tions, shall report to the commission the probable cost of such 
addition, extension, or capital improvement, whenever the 
probable cost thereof exceeds a reasonable amount to be pre- 
scribed by general or special order of the commission. For 
this purpose the commission may classify public utilities 
according to the amount of their respective fixed capital 
accounts, and prescribe a reasonable limitation for each such 
classification. In no case shall the minimum amount prescribed 
be less than one-quarter of one per cent of such fixed capital 
account as of December 31 of the preceding year, or ten thou- 
sand dollars, whichever is the smaller amount. Reports shall be 
filed in writing with the commission within such reasonable 



466 Chapter 203 [1951 

time, as may be prescribed by the commission, before starting 
actual constructon on any addition, extension, or improvement. 
The commission shall have discretion to exclude the cost of any 
such addition, extension, or capital improvement from the 
rate base of said utility, where such written report thereof 
shall not have been filed in advance as herein provided. 

25. Inspections. Amend section 5 of chapter 289 of the 
Revised Laws by striking out said section and inserting in place 
thereof the following: 5. Inspection of Railroads. The com- 
mission shall have power, either through its members or duly 
authorized experts, to ride upon any locomotive or train of any 
railroad while in service for inspection purposes, and to have, 
upon reasonable notice, a special locomotive and inspection 
oar for a physical inspection once annually of all the lines and 
stations of each railroad in the state. 

26. Investigations and Orders. Amend section 6 of chapter 
289 of the Revised Laws by striking out said section and in- 
serting in place thereof the following : 6. Investigation of 
Other Utilities; Orders. The commission shall have power to 
investigate and ascertain, from time to time, the quality of 
gas supplied by public utilities and the methods employed by 
public utilities in manufacturing, transmitting or supplying 
gas or electricity for light, heat or power, or in transmitting 
telephone and telegraph messages, or supplying water, and, 
after notice and hearing thereon, shall ha