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

LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1955 

LEGISLATURE CONVENED JANUARY 5, 1955 

ADJOURNED AUGUST 6, 1955 



and 



LAWS 

of the 

STATE OF NEW HAMPSHIRE 

PASSED SPECIAL SESSION, 1954 

LEGISLATURE CONVENED APRIL 6, 1954 

ADJOURNED APRIL 9, 1954 




CONCORD, N. H. 
1955 






Printed by 

GRANITE STATE PRESS, INC. 

Manchester, N. H. 



Bound by 

NEAL PRINTING AND BINDING CO. 

Dover, N. H. 



STATE OFFICERS 



Governor » Lane Dwinell 

Parker M. Merrow 
Charles T. Durell 

Councilors i Romeo J. Champagne 

Frederic H. Fletcher 
John P. H. Chandler, Jr. 

Adjutant General John Jacobson, Jr. 

Aeronautics Commission, N. H. 

Director W, Russell Milliard 

Agynculture, Commissioner of Perley I. Fitts 

Attorney-General Louis C. Wyman 

Deputy Attorney-General Warren E. Waters 

(Richard C. Duncan 

Assistant Attorneys-General ^ George F. Nelson 

( Arthur E. Bean, Jr. 

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

Bank Commissioner Winfield J. Phillips 

Deputy Commissioner Leon 0. Gerry- 
George W. Boynton 
Joseph W. Epply 

Cancer Commission, State { Joseph N. Friborg 

George C. Wilkins 
James W. Jameson 

Comptroller Arthur E. Bean 

Education, Commissioner of Austin J. McCaffrey 

Fire Control, State Board 

• State Fire Marshal Aubrey G. Robinson 

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



Judicial Council < 



vi State Officers 

Forestry and Recreation Departtnent 

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 Donald Knowlton 

Deputy Commissioner Simon M. Sheldon 

Frank R. Kenison 
Stephen M. Wheeler 
Richard E. Shute 
Robert E. Earley 
Louis E. Wyman 
Robert W. Upton 
Maurice F. Devine 
H. Thornton Lorimer 
Edward J. Gallagher 

Labor Commissioner Adelard E. Cote 

Employment Security 

Division, Director Charles Griffin 

Employinent Service Bureau, 

Director Abby L. Wilder 

Unemployment Compensation 
Bureau, Director William C. Chamberlin 

r William L. Dunfey 
I Harry E. Sherwin 

Library Com^nission, State { Charlotte E. Ford 

I Elwin L. Page 
lAddie E. Towne 

State Librarian Mildred Peterson McKay 

Asst. State Librarian Catharine Pratt 

I William A. Jackson 

Liquor Commission, State { Ray E. Tarbox 

y William A. Styles 



State Officers vii 

( Edward E. Baker 

Milk Control Board < Maurice G. Chase 

f Clarence A. Marshall 

Motor Vehicle Commissioner Frederick N. Clarke 

Deputy CoTnmissioner Kennard E. Goldsmith 

Director of Safety Ralph V. Gould 

Road Toll Administrator John S. Mara 

Personnel Commission, Director . . .Roy Y. Lang 

Planning and Developm^ent 
Commission, State 

Publicity Director John Brennan 

Executive Director Ernest L. Sherman 

Industrial Director Winfred L. Foss 

Planning Director Sulo J. Tani 

Police, State, Superintendent Ralph W, Caswell 

(Amos N. Blandin, Jr. 

Probation, Board of <Burt R. Cooper 

(Ada C. Taylor 

Director Richard T. Smith 

(Harold K. Davison 

Public Utilities Commission -JBlaylock Atherton 

(Edward R. Thornton 

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

Public Works and Hightvays, 

Commissioner of Frank D, Merrill* 

Deputy Commissioner John 0. Morton 

Assistant Commissioner J. Harold Johnson 

Purchase amd Property, Director .... Harold Cheney 

(Albert W. Hamel 

Racing Commission, State -j Emmet J. Kelley 

(George H. Grinnell 

Secretary of State Enoch D. Fuller 

Deputy Harry E. Jackson 

* Died. 



viii State Officers 

State Buildings and Grounds, 
Superintendent Wayne B. Elwell 

(Lawton B. Chandler 

Tax Commission, State -j Oliver W. Marvin 

/John B, Evans 

Treasurer, State Alfred S. Clones 

Deputy Philip D. Mclnnis 

Veterans Council, State 
Director Harold B. Trombley 

Water Resources Board, 

Chairman Walter G. White 



Courts ix 



SUPREME COURT 

Chief Justice Frank R. Kenison 

I' Amos N. Blandin, Jr, 

Associate Justices \ Y^'^^'^^'^r' ^^^'^^ 

/ John R. Goodnow 

[Edward J. Lampron 

SUPERIOR COURT 

Chief Justice Stephen M. Wheeler 

{ George R. Grant, Jr. 
Robert F. Griffith 

Associate Justices William A. Grimes 

John H. Leahy 
I Dennis E. Sullivan 
[Harold E.Wescott 

State Reporter George 0. Shovan 



THE LEGISLATURE OF 1955 

SENATE 
PresideMt— Raymond K. Perkins, Concord 
Clerk — Benjamin F. Greer, Grasmere 
Assistant CZer/c— Frank M. Ayer, Alton 
Sergeant-at-Arrns — Nathan A. Tirrell, Goffstown 
Messenr/er— Maurice Youmans, Warner 
Assistant Messenger— CilATOJRS E. WoODBURY, Hooksett 
Doorkeeper — Daniel Cronin, Manchester 



Laurier A. Lamontagne, Berlin 

Daniel A. O'Brien, Lancaster 

Norman A. McMeekin, Haverhill 

Fred H. Washburn, Bartlett 

Archibald H. Matthews, New Hampton 

Otto G. Keller, Laconia 

James C. Cleveland, New London 

J. Laban Ainsworth, Claremont 

John R. Powell, Sutton 

Irene Weed Landers, Keene 

Robert English, Hancock 

J. Wesley Colbum, Nashua 



SENATORS 

Louis W. Paquette, Nashua 
Eralsey C. Ferguson, Pittsfield 
Raymond K. Perkins, Concord 
Norman A. Packard, Manchester 
Marye Walsh Caron, Manchester 
Thomas B. O'Malley, Manchester 
Paul H. Daniel, Manchester 
J. Paul LaRoche, Rochester 
Frederick C. Smalley, Dover 
Benjamin C. Adams, Derry 
Dean B. Merrill, Hampton 
Harry H. Foote, Portsmouth 



HOUSE OF REPRESENTATIVES 
Speaker — Charles Griffin, Lincoln 
Clerk — ^Robert L. Stark, Goffstown 
Assistant Clerk — Francis W. Tolman, Nelson 
Sergeant-at-Arms — Lloyd E. Fogg, Milan 
Chaplain — Austin H. Reed, Goffstown 

Custodian of Mail and Supplies — Fred C. Abbott, Penacook 
Doorkeeper —Sherman L. Greer, Manchester 
Doorkeeper — Mabel L. Richardson, Randolph 
Doorkeeper — Bertha E. Boutwell, Concord 
Doorkeeper — Harry J. E. Robinson, Dover 



The Legislature of 1955 



XI 



Atkinson, Not entitled 
Auburn, Margaret A. Griffin, r 
Brentwood, John H. Dudley, r 
Candia, Karl J. Persson, r 
Chester, Walter P. Tenney, r 
Danville, George W. Shattuck, r 
Deerfield, Carl M. Fogg, d 
Derry, Ernest P. Barka, r 

Kenneth M. Bisbee, r 

Harry E. Clarke, r 

Charles H. Gay, r 
East Kingston, Guy E. Nickerson, r 
Epping, Edmond G. Blair, d 
Exeter, Edwin W. Eastman, r 
Emory P. Eldredge, r 
C. H. Sayre Merrill, r 
James C. Rathbone, r 
Fremont, Harold L. Jones, r 
Greenland, Thornton N. Weeks, Sr., r 
Hampstead, Doris M. Spollett, r 
Hampton, Douglass E. Hunter, r 

Alton P. Tobey, r 
Hampton Falls, James H. Thurlow, r 
Kensington, Not entitled 
Kingston, Nathan T. Battles, r 
Londonderry , Draper W. Pannenter, 
New Castle, Thomas F. McCaffrey, r 
Newfields, Not entitled 
Newington, Not entitled 
Newmarket, Arthur A. Labranche, d 
F. Albert Sewall, d 



ROCKINGHAM COUNTY 

Newton, George L. Cheney, r 
North Hampton, George G. Carter, r 
Northwood, Ernest L. Pinkham, r 
Nottingham, Not entitled 
P'laistoiv, Mildred L. Palmer, r 
Portsmouth, 



Ward 1, Andrew J. Barrett, d 
Mary C. Dondero, d 
Hilda Hundley, d 
Lise L. Payette, d 
Ann Sadler, d 
Ward 2, Henry S. Murch, Jr., r 
Jeremiah Quirk, r 
Elizabeth L. Travis, r 
Wa7-d 3, John J. Leary, d 
James J. Joyce, r 
William J. Wardwell, r 
Ward 'Jf, Thurston A. Smart,* r 

Theodore F. Munz, r 
Ward 5, Edward J. Ingraham, d 
Raymond, Frank J. Mafera, r 
Rye, Manning H. Philbrick, r 
Salem, Walter F. Haigh, r 
Anna M. Noyes, r 
Howard S. Willis, r 
Sandown, Ernest C. Pillsbury, r 
Seabrook, Myron B. Felch, r 
South Hampton, Frank A. Robinson, r 
Stratham, W. Douglas Scamman, r 
Windham, Thomas Waterhouse, Jr., r 



Died. 



Barrington, Roy V. Swain, r 
Dover, 

Ward 1, Raymond H. Chase, r 

Raymond F. Hennessey, d 
T. Casey Moher, d 
Ward 2, Paul G. Karkavelas, r 

L. Hector Desjardins, d 
Ward 3, Levi F. Felker, r 

Martha G. Webb, r 
Ward 'Jf, William Henry Connell, r 
Harley A. Crandall, r 
Frederick C. Pearson, Jr., r 



STRAFFORD COUNTY 

Ward 5, Emmet J. Flanagan, d 
Durham, Helen C. Fvmkhouser, r 
Albert D. Littlehale, r 
William M. Steams, r 
Farmington, Edward J. Mros, Sr., r 

Eugene F. Nute, r 
Lee, Aaron W. Chadbourn, Jr., r 
Madbury, Dorothy L. Wentworth, r and d 
Middleton, Not entitled 
Milton, Reuben J. Evans, r 
New Durham, Not entitled 



Xll 



The Legislature of 1955 



Strafford County — Continued 
Rochester, 

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

George C. Nadeau, d 
Ward 3, Edgar J. Carignan, d 
Ward It, Alphonse Lacasse, d 

Angeline M. St. Pierre, d 
Ward 5, Norma M. Studley, r 
Ward 6, Arnold T. Clement, r 

Philip J. Estes, r 

BELKNAP 

Alton, Richmond H. Skinner, r 
Barnstead, Arthur H. McAllister, r and d 
Belmont, Joseph L. Boutin,* d 
Center Harbor, Not entitled 
Gilford, Edith B. Gardner, r and d 
Gilvianton, William T. Robertson, r 
Laconia, 

Ward 1, Myron B. Hart, r 
James P. Rogers, r 

Ward 2, Aime H. Morin, d 

Alfred W. Simoneau, d 

Ward 3, Elmer S. Tilton, r 



Rollinsford, Fred L. Green, r 

Soviersworth, 

Ward 1, Sarkis N. Maloomian, d 
Ward 2, Edward G. Letourneau, d 
Ward 3, Clovis Cormier, d 
Ward If, John F. Beamis, d 
Ward 5, James F. Malley, d 

Strafford, Albert H. Brown, r 



COUNTY 

Ward %, John J. Ballentine, r 

Peter S. Karagianis, r 
Ward 5, Henry I. Burbank, r 

David O'Shan, r 
Ward 6, Jack B. Dana, r 

George Walter Varrell, r 
Meredith, Ruth F. Miner, r 

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



Died. 



Albany, Not entitled 
Bartlett, Earle W. Chandler, r 
Brookfield, Not entitled 
Chatham, Not entitled 
Conway, Mellen B. Benson, r 
Elmer H. Downs, r 
Milburn F. Roberts, r 
Eaton, Not entitled 
Effingham, Not entitled 
Freedom, Edward J. Stokes, d 
Hart's Location, Not entitled 



CARROLL COUNTY 

Jackson, Not entitled 
Madison, Guy W. Nickerson, r 
Moultonborough, Stewart Lamprey, r 
Ossipee, Margretta M. Hayden, r 
Sandwich, Reuben N. Hodge, r 
Tamworth, Earle H. Remick, r 
Tuftonboro, Forrest W. Hodgdon, r 
Wakefield, Clarence E. Peaslee, r 
Wolfeboro, Joseph P. Ford, r 

Alonzo Page Weeks, II, r 



MERRIMACK COUNTY 



Allenstown, Edgar A. Baron, a 
Andover, Victor E. Phelps, d 
Boscawen, Elmer S. EUswortn, r 
Bow, Wilbur H. Vaughn, r 
Bradford, Not entitled 
Canterbury, Albert A. Vogel, r 



Chichester, Clifton W. Stevens, d 

Concord, 

Ward 1, Frank J. Dowd, d and r 
James P. Ferrin, d and r 
Ward 2, Alice Davis, r 
Ward 3, Arthur F. Henry, r 



The Legislature of 1955 



Xlli 



Merrimack County- -Continued 
Ward It, Clayton F. Colbath, r 
Lee C. Hancock, r 
Daniel J. Shea, r 
Ward 5, Clarence Lessels, r 

Stewart Nelson, r 
Ward 6, George H. Corbett, r 
Guy Jewett, r 
Herbert W. Rainie, r 
Gertrude E. Saltmarsh, r 
Ward 1, G. Carroll Cilley, r 
Paul B. Maxham, r 
Charles J. McKee, r 
Shelby O. Walker, r 
Ward 8, Victoria E. Mahoney, r and d 
Ward 9, Howe Anderson, r 
Joseph J. Comi, r 
Danhury, Not entitled 
Dunharton, Not entitled 
Epsom, Eleanor C. Nutter, d and r 
Franhlin, 

Ward 1, Basil Broadhurst, r 



Ward 2, James M. Burke, d 

Theodore E. Kenney, d 
Ward 3, Peter P. Charland, d 
John P. Dempsey, d 
Henniker, Lev/is H. Carpenter, r 
Hill, George C. Mason, r and d 
Hooksett, Edward M. DuDevoir, d 

John B. Mulaire, r 
Hopkinton, Nathaniel F. Davis, r 
Loudon, William H. Brown, r 
Newbury, Randolph H. Milligan, r 
New London, Paul B. Gay, r 
Northfield, Fred G. Wilman, r 
Pembroke, Leo G. Payeur, d 

George D. Thibeault, d 
Pittsfield, Mary R. Ayer, r 

E. Harold Young, r and 
Salisbury, George H. Lovejoy, r 
Sutton, Not entitled 
Warner, L. Waldo Bigelow, r 
Webster, Mary E. Bean, r 
Wilmot, Don W. Workman, r 



Atnherst, Nelle L. Holmes, r 
Antrim, Carl H. Robinson, r and d 
Bedford, Ralph M. Wiggin, Sr., r 
Bennington, Edward C. Black, r 
Brobkline, Grover C. Farwell, d and r 
Deering, M. Rosamond Herrick, r 
Francestown, Clarence C. Jones, r 
Goffstown, A. Kenneth Hambleton, r 
Rufus L. Jennings, r 
Alfred W. Poore, r 
Austin H. Reed, r 
Greenfield, Not entitled 
Greenville, O. John Fortin, d 
Hancock, Not entitled 
Hillsborough, Samuel P. Hadley, r 
Hollis, Ann J. Goodwin, r and d 
Hudson, Roland W. Abbott, r 
Roland Latour, d 
Ned Spaulding, r and d 
Litchfield, Not entitled 
Lyndeborough, Not entitled 



HILLSBOROUGH COUNTY 
Manchester, 



Ward 1, Richard L. Burgess, r 
George A. Lang, r 
James Pettigrew, r and d 
Emile J. Soucy, r and d 

Ward 2, Harry J. Danforth, r 

Joseph H. Geisel, r and d 
James L. Mahony, r 
John Pillsbury, r 
Kenneth W. Robb, r 

Ward 3, Michael J. Dwyer, d 
James F. Hayes, d 
Denis Horan, d 
Thomas F. Sullivan, d and r 

Wa7d 'If, William J. Fitzgerald, d 
Dominick J. Kean, d 
Thomas F. Nolan, d 

Ward 5, Stanley J. Betley, d 
Jeremiah B. Healy, d 
John F. Shea, d • 
George W. Smith, d 
Edward J. Walsh, d 



XIV 



The Legislature of 1955 



Hillsborough County — Continued 

Ward 6, John H. Callahan, d 
Denis F. Casey, d 
Edward D. Clancy, d 
Joseph F. Ecker, d 
Daniel J. Healy, d 
James E. Slowey, d 

Ward 7, William Walter Corey, d 
Charles J. Leclerc, d 
Adrien A. Paradis, d 
Alonzo J. Tessier, d 

Ward 8, W^illiam H. Craig", Jr., d 
Eugene Delisle, Sr., d 
Raymond J. Langlois, d 
George L. Lavoie, d 
George N. Constant, d 

Ward 9, Beatrice B. Gary, d 

Edward W. Morris, d 

Ward 10, George S. Auger, d 

Alfred A. Bergeron, d 
John J. Keams, d 
Otto Schricker, Sr., d 

Ward 11, Maurice A. Alexander, d 
Walter G. Boisvert, d 
George J. Hurley, d 

Ward 12, Amelia Lareau, d 

Edward T. Martel, d 

Louis J. Soucy, d 

Leon J. O. Vaillancourt, d 

Ward 13, Albert N. Dion, d 

Lorenzo P. Gauthier, d 
Lucien J. Gelinas, d 
Paul M. Lafond, d 
Origene E. Lesmerises, d 

Ward IJf, Michael J. Cannon, d 
Michael S. Donnelly, d 
Willibert Gamache, d 
Mason, Not entitled 
Merrimack, Bert L. Peaslee, r 



Mil ford, David Deans, Jr., r 

William M. Falconer, r 
Fred T. Wadleigh, r 
Mont Vernon, William B. Buckley, r 
Nashua, 

Ward 1, Roland L. Cummings, r 
David E. Peterson, r 
Alice L. Ramsdell, r 
William A. Saunders, r 
Ward 2, George F. Boire, d 

Wilfrid G. Thibault, r 
Ward 3, Agenor Belcourt, d 

Hector J. Trombley, d 
Ward Jf, Winslow P. Ayers, d 

Cornelius M. Brosnahan, d 
Ward 5, Albert Maynard, d 

George S. Pappagianis, d 
Ward 6, John B. Dionne, d 
Frank B. Shea, d 
Ward 7, Arthur J. Chartrain, d 
Frank E. Ryan, d 
Dennis F. Sweeney, d 
Ward 8, Charles A. Dugas, d 

Alphonse A. Dutilly, d 
Alfred P. Grandmaison, d 
Peter Z. Jean, d 
J. B. Henry Langelier, d 
Ward 9, Paul E. Bouthillier, d 
Peter Dumais, d 
New Boston, Edward F. Locke, r 
New Ipswich, Matti P. Aho, r 
Pelham, Andrew L. Mailloux, r 
Peterborough, Chester F. Dutton, r 
Benjamin M. Rice, r 
Sharon, Not entitled 
Temple, Herbert A. Willard, r 
Weare, Scott F. Eastman, d and r 
Wilton, Frank Howard Bardol, r 
Windsor, Not entitled 



The Legislature of 1955 



XV 



CHESHIRE 

Alstead, Nelson C. Burnham, r 
Chesterfield, Walter J. Post, r 
Dublin, Charles R. Thomas, r 
Fitzwilliam, Lewis R. Pike, r and d 
Gilsum, Not entitled 
Harrisville, Not entitled 
Hinsdale, Orson G. Smith, r 
Jaffrey, Lenna W. Perry, r 
Carl S. Spofford, r 
Keene, 

Ward 1, Charles P. Haley, r 
Howard W. Kirk, r 
Edward C. Sweeney, Sr.,* r 
Ward 2, James E. McCullough, r 

Kirke W. Wheeler, r 
Ward 3, Frank J. Bennett, r 
Edward E. Brown, r 
Ward It, Leroy E. Codding, r 

Francis F. Faulkner, r 
Ward 5, Laurence M. Pickett, d 
Hugh F. Waling, d 



COUNTY 

Marlborough, Charles E. Carlton, r 

Marlow, John F. Brown, r 

Nelson, Not entitled 

Richmond, Not entitled 

Rindge, Harry E. Sherwin, r 

Roxbury, Not entitled 

Stoddard, Not entitled 

Stillivan, Not entitled 

Surry, Carl A. Mitchell,f r 
Roy L. Tirrell, r 

Swanzey, Ralph A. Blake,* r and d 
Kenneth P. Lane, r 
John Edward Bouvier, r 

Troy, Franklin L. Lang, d 

Walpole, Louis S. Ballam, r and d 
E. Everett Rhodes, r 

Westynoreland, Oscar W. Billings,! 

r and d 
John H. Ferry, Jr. 

Winchester, Frederick H. Ingham, r 

Alexander P. Thompson, r 



• Died, 
t Resigned 



SULLIVAN 

Acworth, Glenn N. Bascom, r 
Charlestown, Martha McD. Frizzell, r 
Clar.emont, 

Ward 1, George W. Angus, r 
Harry Bloomfield, r 
Arthur F. Howe, r 
Ward 2, William F. Bissonette, r 
Maurice D. Firestone, r 
Julia A. Millar, r 
Ward 3, Alfred J. Marcotte,* d 
Clifton Simms, d 
Robert E. Stone, d 
Cornish, Fred Davis, r 
Croydon, Not entitled 



COUNTY 

Goshen, Walter R. Nelson, d 
Grantham, Doris C. Reney, r 
Langdon, Not entitled 
Lempster, Not entitled 
Newport, Elsie C. Bailey, d 
Gladys D. Roe, r 
Jesse Richard Rowell, r 
Joseph D. Vaughan, r 
Plainfield, Edward M. Pierce, d 
Springfield, Not entitled 
Sunapee, Clifford E. Gamsby, r 
Unity, Margaret B. DeLude, r and d 
Washington, Not entitled 



Died. 



XVI 



The Legislature of 1955 



GRAFTON 
Alexandria, Harry B. Ramsey, r 
Ashland, Thomas Pryor, r 
Bath, Edwin P. Chamberlin, r and d 
Benton, Not entitled 
Bethlehem, Malcolm J. Stevenson, r 
Bridgewater, Not entitled 
Bristol, Bowdoin Plumer, r 
Campion, Philip S. Willey, r 
Canaan, Frank B. Clarke, r 
Dorchester, Not entitled 
Boston, Not entitled 
Ellsivorth, Not entitled 
Enfield, Isaac H. Sanborn, r 
Franconia, Not entitled 
Grafton, Not entitled 
Groton, Not entitled 
Hanover, Edith P. Atkins,* r 

James W. Campion, d 

David J. Bradley, r 

Elizabeth W. Hayward, r 

Charles A. Holden, r 
Haverhill, Wilfred J. Larty, r 

Finlay P. Sleeper, r 
Hebron, Not entitled 
Holderness, Stanley A. Chamberlain, r 
Landaff, George F. Clement, r and d 



COUNTY 

Lebanon, Arthur F. Adams, r 

Jerold M. Ashley, r and d 
Forrest B. Cole, r and d 
Fred A. Jones, r and d 
Joseph B. Perley, r and d 
Harry S. Townsend, r 

Lincoln, Charles Griffin, r 

Lisbon, Rita Collyer, r 

Littleton, Van H. Gardner, r 
Fred Kelley, r 
Eda C. Martin, r 

Lyman, Not entitled 

Lyme, Walter H. Horton, r and d 

Monroe, George L. Frazer, Sr., r 

Orange, Geoffrey W. Talbot, r 

Orford, Robert W. Carr, r 

Piermont, Not entitled 

Plytnouth, Kenneth G. Bell, r 

Elmer E. Huckins, r 

Rumney, Jesse A. Barney, r 

Thornton, Not entitled 

Warren, Not entitled 

Waterville, Not entitled 

Wentworth, Charles A. Gilbert, d 

Woodstock, Thomas F. Sawyer, r and d 



* Died. 

COOS 

Berlin, 

Ward 1, Oliver A. Dussault, d 
Guy J. Fortier, d 
Edgar J. Roy, d 
Ward 2, Arthur J. Russell, r 

Frank H. Sheridan, d and r 
Ward 3, Hilda C. F. Brungot, r and d 

Marie A. Christiansen, r 
Ward *lf, Arthur A. Bouchard, d 
Jennie Fontaine, d 
Rebecca A. Gagnon, d 
Carroll, Oscar E. Rines, r 
Clarksville, Not entitled 
Colebrook, Harry S. Alls, r 
Columbia, Not entitled 
Dalton, Not entitled 
Dum.mer, Not entitled 
Errol, Celia G. Hurlbert, d 



COUNTY 

Gorham, Harry A. Bishop, Sr., r and d 

Phillip K. Ross, Sr., d 
Jefferson, Roy A. Ferguson, r 
Lancaster, John D. Cornelius, r and d 

Arthur L. Simonds, r 
Milan, R. Wilbur Potter, r 
Millsfield, Elmer L. Annis, r 
Northumberland, Walter O. Bushey, d 
Raymond E. 

Charbonneau, d and r 
Pittsburg, Harvey H. Converse, r 
Randolph, Not entitled 
Shelburne, Not entitled 
Stark, Grace M. Phelan, r 
Stewartstown, Claude J. Baker, r 
Stratford, Bert Stinson, d 
Wentworth's Location, Not entitled 
Whitefield, Ada C. Taylor, r 



SPECIAL SESSION 

APRIL 6 - APRIL 9, 1954 



CHAPTER 1. 



AN ACT RELATIVE TO STATE HIGHWAY LAYOUTS AND AWARD 

OF DAMAGES. 

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

1. State Highway Layouts. Amend part 4, chapter 90, 
Revised Laws, as inserted by chapter 188, Laws of 1945, by in- 
serting after section 17 the following new sections: 17-a. 
Appeal by State. After assessment and before tender of pay- 
ment said commission shall report all facts relative to its con- 
templated awards to the governor and council; said governor 
and council shall make public a complete list of the awards 
contemplated showing the name of each owner and the amount 
of the award in each case ; and the governor and council shall 
thereafter make an independent evaluation obtaining the 
services of competent consultants if in their opinion such are 
necessary. If the governor and council consider any award to 
any owner of land or other property to be excessive or not 
supported by the evidence, the governor and council shall so 
indicate on the said report. The governor and council may indi- 
cate a sum which they feel is supported by the evidence. There- 
after unless the owner accepts within seven days, excluding 
Saturdays, Sundays and holidays, an award, if any, indicated 
by the governor and council to be supported by the evidence, 
the commission instead of tendering directly to the owner shall 
deposit said sum awarded by the commission with the clerk of 
the superior court of the county in which the land so aif ected 
is situate and the owner shall be served personally by the clerk 
of the commission with notice of such deposit and, upon 
petition of the commissioner of public works and highways, 
the state shall have the same right of appeal and jury de- 
termination of award as is herein provided for aggrieved 
owners. Such deposit of said award and notice to the owner 



2 Chapter 1 [1954 

shall have the same force and effect as a tender of the award. 
The commission's certificate of tender shall recite the notation 
of the governor and council and the manner of tender. The 
clerk of the superior court shall pay over the sum deposited 
upon demand to the owner and the acceptance of such deposit 
by the owner shall not in any manner affect or prejudice the 
right of appeal of the state or the rights of the owner or be 
admitted in evidence at the trial by jury on the issue of 
damages. If such sum paid to the owner shall exceed the 
amount of final judgment, the court shall enter judgment 
against the owner for the amount paid to him in excess of final 
judgment. 17-b. Keeping of Records. In the making of all 
awards the commission shall keep a complete record of all 
evidence considered by it in arriving at its awards and shall 
submit same to the governor and council with its report to 
them. The expense of such record shall be a charge against the 
highway fund. 

2. Notices. Amend section 5, part 4, chapter 90, Revised 
Laws, as inserted by chapter 188, Laws of 1945, by striking 
out said section and inserting in place thereof the following: 
5. Notice of Hairing. The governor, with the advice of the 
council, or the commission appointed by the governor with 
advice of council, at least fourteen days previous to hearing, 
shall cause notice in writing of the time and place of hearing 
appointed by them, together with a description of the proposed 
location, to be given to each owner of and holder of lien of 
record upon land or other property over which such highway 
may pass, and to the clerk of any city or town in which such 
highway or alteration may be laid out. 

3. Appeals. Amend section 17, part 4, chapter 90, Revised 
Laws, as inserted by chapter 188, Laws of 1945, by striking out 
said section and inserting in place thereof the following: 17. 
Appeal of Assessment. Any owner of land or other property 
who has not accepted payment of the sum tendered and who 
is aggrieved by the decision of the commission in the assess- 
ment of damages may appeal therefrom to the superior court 
for the county in which such land or other property is situate 
by petition within sixty days after the certificate of tender has 
been filed with the secretary of state, and not thereafter, and 
the court shall assess the damages by jury, or by the court 
without the jury, and award costs to the prevailing party. 



1954] Chapter 1 3 

4. Fact Finding Committee on Highway Land Damage. 

There is hereby created a committee of seven members to be 
known as the Fact Finding Committee on Highway Land 
Damage Awards. The committee shall explore the present pro- 
cedures for awarding land damages resulting from the laying 
out or alteration of class I or class II highways or highways 
within the state included in the national system of interstate 
highways. The committee shall recommend to the 1955 session 
of the General Court, not later than March first, 1955, such 
changes as it may find desirable in making awards for such 
highway land damage. 

The committee shall also review in the light of present 
procedures all land damage awards in excess of Ten Thousand 
Dollars which have been made in the six months prior to the 
passage of this act and shall report their findings at the same 
time as the recommendations ordered in the preceding para- 
graph. 

The seven members of the committee shall be appointed as 
follows: by the president of the senate, two members of the 
senate ; by the speaker of the house, two members of the house 
of representatives ; by the president and the speaker, three 
residents of New Hampshire who are not members of the Gen- 
eral Court, divided as follows : one attorney who is experienced 
in real estate values, one civil engineer skilled in the planning 
and construction of manufacturing plants ; and one member ex- 
perienced in appraising real estate both urban and rural. The 
appointments shall be made not later than May 15th, 1954. No 
more than four of the committee shall be members of the 
majority party. 

The committee shall elect from its membership a chairman 
and a clerk. It shall keep full records of its studies and make 
them available to the General Court. The committee shall have 
authority to hold public hearings, to request information from 
all governmental departments and agencies, to require the 
appearances of witnesses, to require the cooperation of the 
attorney general's office, and in general have the usual powers 
of a legislative committee. The first meeting of the committee 
shall be held within two weeks of its appointment and there- 
after at the call of the chairman or by a majority of the com- 
mittee. Members of the committee shall be paid thirty-five 
dollars each day of meeting and their actual expenses. There is 



4 Chapter 2 [1954 

hereby appropriated out of highway funds as much money as 
may be necessary to cover the expenses of the committee. 

5. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 9, 1954.] 



CHAPTER 2. 



AN ACT RELATING TO COMPENSATION AND MILEAGE OF MEMBERS 

AND ATTACHES OF THE LEGISLATURE IN SPECIAL SESSIONS, 

RELATIVE TO A CERTAIN CAPITAL IMPROVEMENT AT 

THE STATE HOSPITAL, THE CONTINUATION OF 

ALLOTMENTS IN CERTAIN CASES AND TO 

SO-CALLED DAYLIGHT SAVING TIME. 

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

1. The General Court. Amend chapter 9-A of the Revised 
Laws, as inserted by chapter 134 of the Laws of 1945, by add- 
ing at the end thereof a new section as follows : 7. Compen- 
sation and Mileage. In the event that the general court con- 
venes itself in special session in the manner provided by this 
chapter, the officers and members shall receive for attendance 
compensation of three dollars per day for a period not exceed- 
ing fifteen days and the usual mileage. The attaches of the 
general court shall receive for attendance compensation at the 
rate of the next previous session, and the usual mileage. 

2. State Hospital Capital Improvements. Amend the item 
in paragraph IV of section 2 of chapter 264 of the Laws of 
1953, relative to the Thayer building at the state hospital by 
striking out the words and figure "*Remodel Thayer and for 
administration, $268,000" and inserting in place thereof the 
following: *Remodel Thayer and for construction of a new 
wing for said building, $268,000, 

3. Continuation of Allotments. Amend section 6 of chap- 
ter 254 of the Laws of 1951 by striking out said section and 
inserting in place thereof the following: 6. Use of Funds. 

The sums as appropriated in each project of section 1 shall be 
used as allotted, provided that in case the amount allotted for a 



1954] Chapter 2 5 

specific project thereunder shall be more than sufficient to com- 
plete said project any balance of said allotment may be trans- 
ferred to any other project mentioned in said section 1, upon 
approval of the governor and council. Any funds not used as 
herein provided shall lapse. 

4. Daylight Saving Time. Amend section 95 of chapter 51 
of the Revised Laws by striking out the word "September" 
wherever it appears in said section and inserting in place there- 
of the word, October, so that said section as amended shall read 
as follows: 95. Standard Time. The standard time within 
the state, except as hereinafter provided, shall be based on the 
mean astronomical time of the seventy-fifth degree of longitude 
west from Greenwich, known and designated by the federal 
statute as "United States Standard Eastern Time." At two 
o'clock ante-meridian of the last Sunday in April of each year, 
the standard time in this state shall be advanced one hour, at 
two o'clock ante-meridian of the last Sunday in October of each 
year, the standard time in this state shall, by the retarding of 
one hour, be made to coincide with the astronomical time here- 
in before described as United States Standard Eastern Time, 
so that between the last Sunday in April at two o'clock ante- 
meridian and the last Sunday in October at two o'clock ante- 
meridian in each year the standard time in this state shall be 
one hour in advance of the United States Standard Time. In all 
laws, statutes, orders, decrees, rules and regulations relating 
to the time of performance by any officer or department of this 
state, or of any county, city, town, or district thereof, or re- 
lating to the time in which any rights accrue or determine, or 
within which any act shall or shall not be performed by any 
person subject to the jurisdiction of this state, or of any 
county, city, town, or district thereof, and in all contracts or 
choses in action made or to be performed in this state, it shall 
be understood and intended that the time shall be as set forth 
in this section. 

5. Powers of the Governor and Council Relative to Day- 
light Saving Time. If during the period from the date of the 
passage of this act to the last Sunday of September 1954, the 
Commonwealth of Massachusetts repeals its statute relative to 
extending daylight saving time to the last Sunday of October 
the governor and council shall proclaim that the amendments 
to section 95 of chapter 51 of the Revised Laws, as provided by 



6 Chapter 3 [1954 

section 4 hereof, are hereby suspended for the year 1954 and in 
that event the advanced time shall end in this state on the last 
Sunday of September, 1954, for 1954 only. 

6. Takes Effect. This act shall take effect as of April 6, 
1954. 
[Approved April 9, 1954.] 



CHAPTER 3. 

JOINT RESOLUTION IN FAVOR OF LLOYD E. FOGG AND OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That Lloyd E. Fogg, sergeant-at-arms of the house, be 
allowed the sum of $85.50; that John S. Ball, sergeant-at-arms 
of the senate, be allowed the sum of .$45.00; that Robert L. 
Stark, clerk of the house, be allowed the sum of $100.00 ; that 
Benjamin F. Greer, clerk of the senate, be allowed the sum of 
$95.00 ; that Francis W. Tolman, assistant clerk of the house, be 
allowed the sum of $95.00 ; that Frank M. Ayer, assistant clerk 
of the senate, be allowed the sum of $80.00; that Alice V. 
Flanders, house legislative service assistant, be allowed the sum 
of $91.00; that Esther T. Hurd, senate legislative service assist- 
ant, be allowed the sum of $60.00 ; that Marion C. Colby, house 
legislative service assistant, be allowed the sum of $72.00 ; that 
Margaret L. Ford, house legislative service assistant, be 
allowed the sum of $45,00; that Helen Y. Andrews, judiciary 
legislative service assistant, be allowed the sum of $60.00; 
that Eleanor C. Brown, appropriations legislative service 
assistant, be allowed the sum of $60.00 ; that Helene H. Wester, 
speaker's legislative service assistant, be allowed the sum of 
$45.00; that Alice P. Boutwell, mileage clerk, be allowed the 
sum of $76.00; that Sherman L. Greer, Mabel L. Richardson, 
Frank B. Clarke and Bertha E. Boutwell, doorkeepers of the 
house, each be allowed the sum of $30.00; that Oney Russell, 
warden of the coat room of the house, be allowed the sum of 
$30.00 ; that John W. Todd, assistant warden of the coat room 
of the house, be allowed the sum of $30.00 ; that Randolph H. 
Milligan, temporary assistant warden of the coat room of the 
house, be allowed the sum of $30.00; that Carl E. Wallace, 



1954] Chapter 3 7 

library messenger of the house, be allowed the sum of $30.00 ; 
that George F. Martin, assistant messenger of the senate, be 
allowed the sum of $30.00; that William J. Clough, speaker's 
page, be allowed the sum of $30.00 ; that James Martin, page, 
be allowed the sum of $30.00 ; that H. Furber Jewett, page, be 
allowed the sum of $30.00; that George J. Heon, page, be 
allowed the sum of $30.00 ; that Lucie Weston, page, be allowed 
the sum of $30.00 ; that Joseph W. Means, clerks' messenger, be 
allowed the sum of $30.00; that Palmer C. Read, judiciary 
messenger, be allowed the sum of $30.00; that Eugene C. 
Williams, appropriations messenger, be allowed the sum of 
$30.00 ; that the superintendent of state buildings and grounds 
be allowed the sum of $107.10 for extra janitor service. 

The above mentioned sums shall be a charge upon the legis- 
lative appropriation. 

[Approved April 9, 1954.] 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 
JANUARY SESSION OF 1955 



CHAPTER 1. 



AN ACT RELATIVE TO FEES FOR THE RECORDATION OF MERGER AND 

CONSOLIDATION AGREEMENTS BETWEEN BUSINESS 

CORPORATIONS. 

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

1. Business Corporations. Amend paragraph IV of section 
41 of chapter 274 of the Revised Laws (section 42, chapter 294, 
RSA) by striking out the word "five" in the fourth line and 
inserting in place thereof the word, fifteen, so that said para- 
graph as amended shall read as follows: IV. The fee for 
recording the merger or consolidation agreement shall be as 
provided in section 1 12 of this chapter, except that credit shall 
be given for all organization fees theretofore paid to the state 
by the corporations involved in such merger or consolidation 
and except that a fee of fifteen dollars shall be paid in any case. 

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

[Approved February 2, 1955.] 



CHAPTER 2. 



AN ACT RELATIVE TO PRINTING SESSION LAWS. 

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

1. Number of Copies. Amend section 1 of chapter 10 of 
the Revised Laws (section 1, chapter 20, RSA) by striking out 



10 Chapter 3 [1955 

said section and inserting in place thereof the following: 1. 
Session Laws. At the close of a legislative session the secre- 
tary of state shall cause such number of copies of the public 
acts and resolves of such session, as the governor and council 
shall determine, to be printed in pamphlet form and distributed 
free to public libraries, judges, attorneys and to citizens re- 
questing the same. 

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

[Approved February 2, 1955.] 



CHAPTER 3. 



AN ACT RELATIVE TO NUMBER OF WRITE-IN VOTES AT 
PRIMARY ELECTIONS. 

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

1. Primaries. Amend section 46-a of chapter 33 of the Re- 
vised Laws, as inserted by chapter 79, Laws of 1953, (section 
47, chapter 56, RSA) by striking out the words "votes cast at 
said primary for said office" and inserting in place thereof the 
words, total votes cast at said primary for the same political 
party, so that said section as amended shall read as follows: 
46-a. Write-in Votes. No person who did not file a declara- 
tion of candidacy or primary petition shall be entitled to the 
nomination for any office unless he received ten write-in votes 
or ten per cent of the total votes cast at said primary for the 
same political party, whichever is the smaller. Provided, 
further, that this section shall not be deemed to apply to cases 
where nominations were made by party committees as provided 
in section 27. 

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

[Approved February 4, 1955.] 



1955] Chapters 4, 5 11 

CHAPTER 4. 

AN ACT PROVIDING THAT PERSONS RECEIVING CERTAIN FEDERAL 
BENEFITS NOT DISQUALIFIED FROM STATE UNEMPLOY- 
MENT BENEFITS. 

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

1. Unemployment Compensation. Amend subsection G of 
section 4 of chapter 218 of the Revised Laws, as inserted by 
section 3, chapter 209 of the I^aws of 1953, (paragraph G, 
section 4, chapter 282, RSA) by striking out the whole of the 
same and inserting in place thereof the following: G. For 
any week or part of a week with respect to which he is seeking 
to receive or has received payments in the form of unemploy- 
ment compensation, or payments supplementary to New Hamp- 
shire unemployment compensation, under any law of the federal 
government. Provided, however, that there shall be no dis- 
qualification for seeking to receive or receiving unemployment 
compensation, or supplementary payments, under : 

(1) Title XV of the Social Security Act; or 

(2) Any federal law whose purpose is to assist in the re- 
adjustment of individuals from military to civilian 
life; or 

(3) The Veterans' Readjustment Assistance Act of 1952. 

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

[Approved February 9, 1955.] 



CHAPTER 5. 



AN ACT PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS FOR 
CERTAIN STATE DEPARTMENTS. 

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

1. Supplemental Appropriations. The sum of seventy-one 
thousand seven hundred and fiftj'- dollars ($71,750) is hereby 
appropriated for the following purposes for the fiscal year end- 
ing June 30, 1955 : 



12 Chapter 6 [1955 

For state treasurer, bounties, $14,000. 

For teachers' retirement system, 

for normal contributions, $17,750. 

For employees' retirement system, 

for normal contributions, $40,000. 

For board of accountancy, $500. 

Less revenue 500. 



Net appropriation 00 

The governor is hereby authorized to draw his warrant for the 
sums hereinbefore appropriated out of any money in the 
treasury not otherwise appropriated. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 9, 1955.] 



CHAPTER 6. 



AN ACT RELATING TO THE PAR VALUE OF THE SHARES OF STOCK OF 
INSURANCE COMPANIES. 

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

1. Insurance Companies, Value of Shares. Amend section 7 
of chapter 322 of the Revised Laws, (section 7, chapter 
401, RSA) by striking out the last sentence of said section and 
inserting in place thereof the following : The par value of the 
shares of stock of any such company now outstanding or here- 
after issued may be such an amount as the commissioner may 
approve, so that said section as amended shall read as follows : 
7. Amendment. Any insurance company organized under 
the laws of this state, whether by special charter or under the 
general law, shall be entitled to amend its charter or articles of 
incorporation, so as to acquire the authority to do any or all 
kinds of insurance business which corporations organized 
under the provisions of this chapter are authorized to do, and 
may otherwise amend its charter or articles, in any manner 
not inconsistent with this chapter, by a majority vote of all 
its stock, or, if a mutual company, by a majority vote of those 



1955] Chapter 7 13 

members present and voting, at a meeting called for that pur- 
pose. Any such company may, with the approval of the com- 
missioner, increase or reduce its capital stock and, subject to 
the limitations hereinafter provided, may change the par value 
of the shares of its capital stock at a meeting called for the 
purpose, by vote of its stockholders as provided by section 39 
of chapter 274. The par value of the shares of stock of any such 
company now outstanding or hereafter issued may be such an 
amount as the commissioner may approve. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 17, 1955.] 



CHAPTER 7. 



AN ACT RELATIVE TO BENEFIT RATES, EARNINGS IN WAITING 

PERIOD AND MERIT RATES UNDER THE UNEMPLOYMENT 

COMPENSATION LAW. 

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

1. Weekly Benefit Rate. Amend subsection B of section 2 
of chapter 218 of the Revised Laws, as amended by section 5, 
chapter 56 of the Laws of 1943, chapter 78 of the Laws of 1945, 
section 7, chapter 59 of the Laws of 1947, section 1, chapter 30 
of the Laws of 1949, section 2, chapter 34 of the Laws of 1951, 
and chapter 65 of the Laws of 1953, (subsection B, section 2, 
chapter 282, RSA) 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 in- 



14 Chapter 7 [1955 

dicated the individual's annual wage class except as otherwise 
provided in paragraph (2) of this subsection. 



A 


B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


In Base Period 


Amount 


Benefits 


$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 


1000.00 - 1099.99 


15 


390 


1100.00-1199.99 


16 


416 


1200.00 - 1299.99 


17 


442 


1300.00 - 1399.99 


18 


468 


1400.00 - 1499.99 


19 


494 


1500.00 - 1599.99 


20 


520 


1600.00 - 1699.99 


21 


546 


1700.00 - 1799.99 


22 


572 


1800.00 - 1899.99 


23 


598 


1900.00 - 1949.99 


24 


624 


1950.00 - 1999.99 


25 


650 


2000.00 - 2099.99 


26 


676 


2100.00-2199.99 


27 


702 


2200.00 - 2299.99 


28 


728 


2300.00 - 2399.99 


29 


754 


2400.00 - 2499.99 


30 


780 


2500.00 - 2599.99 


31 


806 


2600.00 - and over 


32 


832 



(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. 



1955] Chapter 7 15 

The schedule deUneated in this paragraph shall take effect on 
the first day of the month immediately following the two-month 
period in this paragraph above mentioned. 



A 


B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


In Base Period 


Amount 


Benefits 


$500.00 - $499.99 


$8 


$184 


500.00- 599.99 


9 


207 


600.00- 699.99 


10 


230 


700.00- 799.99 


11 


258 


800.00- 899.99 


12 


276 


900.00- 999.99 


13 


299 


1000.00 - 1099.99 


14 


822 


1100.00 - 1199.99 


15 


345 


1200.00 - 1299.99 


16 


368 


1300.00-1399.99 


17 


391 


1400.00 - 1499.99 


18 


414 


1500.00 - 1599.99 


19 


437 


1600.00 - 1649.99 


20 


460 


1650.00 - 1699.99 


21 


483 


1700.00 - 1799.99 


22 


506 


1800.00 - 1899.99 


23 


529 


1900.00 - 1999.99 


24 


552 


2000.00 - 2099.99 


25 


575 


2100.00-2199.99 


26 


598 


2200.00 - 2299.99 


27 


621 


2300.00 - 2399.99 


28 


644 


2400.00 - and over 


29 


667 



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

2. Benefit Eligibility Conditions. Amend subsection D of 
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, 



16 Chapter 7 [1955 

section 1, chapter 99 of the Laws of 1949, and section 3, chap- 
ter 34 of the Laws of 1951, (subsection D, section 3, chapter 
282, RSA) by striking out the whole of the same and inserting 
in place thereof the following: D. Prior to any week for 
which he receives benefits he has been totally unemployed (and 
for the purposes of this subsection an individual shall be 
deemed totally unemployed in any one week with respect to 
which he earns no wages in excess of three dollars coniputed 
to the nearest dollar) for a waiting period of one week within 
the same benefit year and fulfilled the other requirements of 
this section; provided that this requirement shall not interrupt 
the payment of benefits for consecutive weeks of unemploy- 
ment because of a change in the benefit year, even though a 
change in the weekly benefit amount and maximum benefits 
is effected. It is further provided that the period not to exceed 
one week of partial or total unemployment or the period not to 
exceed two weeks of partial unemployment immediately pre- 
ceding the benefit year shall be deemed (for the purposes of 
this subsection) to be within such benefit year as well as with- 
in the preceding benefit year. For the purposes of this para- 
graph, a week or weeks means the period of seven or fourteen 
calendar days immediately preceding the first day of the bene- 
fit year or the calendar week or weeks immediately preceding 
the benefit year. For the purposes of this subsection, two weeks 
of partial unemployment shall be deemed equivalent to one 
week of total unemployment ; it being provided, however, that 
if a week of partial unemployment is immediately followed by 
a week of total unemployment, then such week of partial un- 
employment shall be deemed equivalent to one week of total 
unemployment. For the purposes of this subsection, no week 
shall be counted as a week of total unemployment for any in- 
dividual : 

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

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

3. Merit Rates. Amend subsection D of 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 and section 1, chapter 251 of the Laws of 1949, 



1955] Chapter 7 17 

section 4, chapter 36 and sections 2, 3, 4, 5 and 6, chapter 142 
of the Laws of 1951, and section 6, chapter 209 of the Laws of 
1953, (subsection D, section 6, chapter 282, RSA) by striking 
out the whole of the same and inserting in place thereof the 
following: D. Merit Rates. (1) The director 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 eif ective with the 
fiscal year beginning July 1, 1951 and on each succeeding fiscal 
year beginning on July 1 thereafter. 

(2) The pay roll factor in such computation will represent 
the average annual pay roll for the three immediately preced- 
ing consecutive calendar years prior to January 1 of the year 
to which the computation applies. The benefit factor will be 
represented by all benefits paid and charged against the 
account of that employer up to and including the preceding 
December 31. 

(3) 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 con- 
secutive calendar years wherein the account of the employer 
was chargeable with benefits. 

(4) No employer shall be entitled to a merit rating under 
this subsection 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, preceding 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 exceeds 
twelve million dollars, at which time the computations and 
rates delineated in Schedule I will, subject to further provisions 
hereinbelow made, become effective and applicable for said 



18 Chapter 7 [1955 

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, 1955, the un- 
employment compensation fund equals or exceeds twenty 
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, 1955, the un- 
employment compensation fund equals or exceeds twenty 
million dollars, the computations and rates delineated in 
Schedule II will become effective and applicable for said second 
half of said fiscal year. 

(5) It is further provided that the time the operation of 
a business of an employer was suspended because of the em- 
ployer'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. 

(6) Should the director 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 sub- 
section, he shall, for the purposes of this subsection, set a 
standard rate for all employers of 2.7 per centum per annum. 
The director may make such change effective with the first day 
of any calendar quarter. 

(7) No employer shall be entitled to a m.erit rating under 
this subsection for any fiscal year effective with the fiscal year 
beginning July 1, 1951 unless, as of the computation date pre- 
ceding said fiscal year, he has properly and duly submitted re- 
ports and contributions required and due under the provisions 
of this chapter. It is provided,. however, that any employer who 
loses his rate because of the foregoing and reestablishes his 
rights prior to the beginning of the fiscal year to which a rate 
might have been apphcable, may apply for the reinstatement 
of the rate to which he would have been entitled, said rate to 
become effective for the last three quarters of the fiscal year 
in question. 

(8) The computation date will be known as December 31 
(to include contributions on that year's and prior years' em- 



1955] Chapter 7 19 

ployment 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 de- 
scribed as to the status of the unemployment compensation 
fund being equal to or exceeding twelve million dollars but not 
being equal to or exceeding twenty million dollars, his contri- 
bution rate effective as hereinabove provided shall be de- 
termined 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 squals 
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 pay roll. 

(9) It is further provided that, subject to the provisions 
and conditions hereinabove fully described as to the status of 
the unemployment compensation fund being equal to or ex- 
ceeding twenty million dollars, said employer's contribution 
rate effective as hereinabove provided shall, after computation 
is made in the manner described in the next preceding para- 



20 Chapter 7 [1955 

graph, 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. 

(10) No employer shall be entitled to a contribution rate 
of less than one-half of one per centum. 

(11) No employer shall be entitled to have more than 
seven-tenths of one per centum subtracted from the contribu- 
tion 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. 

(12) 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 em- 
ployment during a calendar year, and the term "average annual 



1955] Chapter 7 21 

pay roll" means the average of the annual pay rolls of an em- 
ployer for the last three preceding calendar years. 

(13) Reports to an employer of the merit rating of said 
employer for the applicable rating period shall be furnished in 
such manner as the director 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 pur- 
poses 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. 

(14) Any merit rating whicA prior to the effective date 
of this section has been assigned to any employer, of which 
the employer 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. 

(15) 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 
correct for all purposes unless objections to such redetermi- 
nation are received within thirty days after such notification 
of said redetermination has been mailed to the employer's last 
known address. 

(16) Except as otherwise provided in this section, when- 
ever through inadvertence, mistake or any other means 
erroneous charges or credits are found to have been made to 
an employer's account, the same shall be readjusted as of the 
date of discovery and such readjustment shall not affect any 
computation or rate assigned prior to the date of discovery but 
there shall be an immediate recomputation, in accordance with 
the applicable provisions of this section, of such employer's 
account with notice to the employer of the result thereof, and if 
such recomputation results in a contribution rate either higher 
or lower than that rate in effect on the date of discovery such 
new rate shall become effective and applicable to taxable wages 
as of the first day of the quarter next succeeding the quarter 
in which the discovery is made. 

4. Takes Effect. Sections 1 and 2 of this act, relative to 
weekly benefit rate and benefit eligibility conditions, shall take 
effect as of April 1, 1955 provided that benefits for all payable 



22 Chapters 8, 9 [1955 

weeks ending after the effective date of said sections shall be 
paid and treated in all respects in accordance with the pro- 
visions of the unemployment compensation law as amended by 
this act. Section 3 of this act, relative to merit rates, shall take 
effect as of March 31, 1955. 
[Approved February 17, 1955.] 



CHAPTER 8. 



AN ACT CHANGING THE CLASSIFICATION OF A ROAD IN THE TOWN 

OF MERRIMACK. 

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

1. Change in Classification. The one and one-quarter mile 
section of road located on the Baboosic Road between the resi- 
dences of Stanley Little and Harold Buker in the town of Merri- 
mack now classified as class II highway shall hereafter be 
classified as a class V highway. 

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

[Approved February 17, 1955.] 



CHAPTER 9. 



AN ACT INCREASING THE APPROPRIATION FOR DORMITORY AT 
KEENE TEACHERS COLLEGE. 

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

1. Appropriation for Dormitory. Amend section 1 of chap- 
ter 226 of the Laws of 1953 by inserting after the word 
"hundred" in the second line the words, and fifty, so that said 
section as amended shall read as follows: 1. Dormitory at 
Keene Teachers College. The sum of three hundred and fifty 
thousand dollars is hereby appropriated for the purpose of the 
construction, equipment and furnishing of a dormitory at Keene 
teachers college, and for the purchase or acquisition of land 
for a site for said dormitory. 



1955] Chapter 9 23 

2. Bonds. Amend section 4 of chapter 226 of the Laws of 
1953 by striking out the words and figure "three hundred thou- 
sand dollars ($300,000)" and inserting in place thereof the 
words and figure, three hundred and fifty thousand dollars 
($350,000) , so that said section as amended shall read as follows : 
4. Borrowing Power. The state treasurer is hereby authorized 
under the direction of the governor and council to borrow upon 
the credit of the state a sum not exceeding three hundred and 
fifty thousand dollars ($350,000) for the purpose of carrying 
into effect the provisions of section 1 hereof, and to borrow 
upon the credit of the state a sum not exceeding five hundred 
thousand dollars ($500,000) for the purpose of carrying into 
effect the provisions of section 2 of this act, and for said pur- 
poses may issue bonds in the name and on behalf of the state 
at a rate of interest to be determined by the governor and 
council. The maturity dates of such bonds shall be determined 
by the governor and council, but in no case shall they be later 
than twenty years from the date of issue and may be redeem- 
able before maturity at the option of the governor and council 
at such price or prices and under such terms and conditions as 
may be fixed by the governor and council prior to the issuance 
of the bonds. The bonds shall be in such form and denomination 
as the governor and council shall determine, may be register- 
able as to both principal and interest, shall be countersigned 
by the governor and shall be deemed a pledge of the faith and 
credit of the state. The secretary of state shall keep an account 
of all such bonds showing the number and amount of each, the 
time of countersigning, the date of delivery to the state treas- 
urer and the date of maturity. The state treasurer shall keep 
an aecount of each bond showing the number thereof, the name 
of the person to whom sold, the amount received from the same, 
the date of the sale and the date of maturity. 

3. Limitations. Amend section 5 of chapter 226 of the 
Laws of 1953 by inserting after the word "hundred" in the 
seventh line the words, and fifty, and by inserting at the end 
of said section the words, provided further no such notes shall 
be outstanding after two years from the completion of the 
project, so that said section as amended shall read as follows: 
5. Short Term Notes. Prior to the issuance of the bonds 
hereunder the treasurer, with the approval of the governor 
and council, may for the purposes hereof borrow money from 
time to time on short term loans which may be refunded by 



24 Chapters 10, 11 [1955 

the issuance of the bonds hereunder. Provided, however, that 
at no one time shall the indebtedness of the state on such short 
term loans exceed the sum of eight hundred and fifty thousand 
dollars, provided further no such notes shall be outstanding 
after two years from the completion of the project. 

4. Takes Effect. This act shall take effect upon its 
passage. 
[Approved February 17, 1955.] 



CHAPTER 10. 



AN ACT RELATIVE TO RECORDATION OF LIENS ON REAL ESTATE FOR 
PAYMENT OF TAX ON INCOME. 

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

1. Tax on Income. Amend chapter 78 of the Revised Laws 
(chapter 77, RSA) by inserting after section 24 the following 
new section : 24-a. Lien for Taxes. No lien upon real estate 
for taxes imposed by this chapter shall be valid and binding 
against any other person than the person who is taxable and 
his heirs, until notice of such lien stating the name and address 
of the taxpayer and the amount of tax due shall have been 
filed and recorded in the registry of deeds in the grantor index 
for the county in which such real estate is located. 

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

[Approved February 17, 1955.] 



CHAPTER 11. 



AN ACT RELATIVE TO GRANTING SCHOOL DISTRICTS AND CITIES 

TEMPORARY EMERGENCY EXEMPTION FROM THE PROVISIONS 

OF THE MUNICIPAL FINANCE ACT. 

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

1. School Districts. Amend chapter 9 of the Laws of 1953 
by striking out the same and inserting in place thereof the 
following : 



1955] Chapter 11 25 

1. Authority. Despite the provisions of section 4 of 
chapter 72 of the Revised Laws, (the Municipal Finance Act), 
any school district, and any city which maintains a school de- 
partment is hereby authorized and empowered to issue its 
serial bonds or notes for the construction of new school build- 
ings, including the acquisition of land, grading, and the pur- 
chase of furniture, furnishings and equipment, or for the 
alteration, addition and improvement of existing school facili- 
ties to an amount not exceeding six per cent of the latest 
assessed value of the taxable property plus the average assessed 
valuation of the growing wood and timber of such school dis- 
trict or city for the years 1944 to 1948 inclusive, all as de- 
termined by the tax commission under the provisions of sec- 
tion 4 of the Municipal Finance Act. Existing outstanding in- 
debtedness of such district or city incurred for school or edu- 
cational purposes shall be included in determining the borrow- 
ing capacity hereunder provided that in cities the total borrow- 
ing capacity for all municipal purposes, including schools, shall 
not exceed nine per cent of the assessed valuation. 

2. Bonds Issues : Special Cases. A school district or a 
city may vote to issue bonds or notes for the purposes set forth 
in section 1 in an amount in excess of six per cent of the latest 
assessed valuation plus the five year average value of growing 
wood and timber of such school district or city, determined as 
.above, but not in excess of eight per cent thereof (in cities not 
in excess of eleven per cent for all purposes, but in no case 
more than eight per cent for school purposes), 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, or the city, as the case may be, shall forthwith be pre- 
sented to the commissioner of education. 

3. Municipal Finance Act. The issuance of serial notes 
or bonds by school districts or cities under this act shall be 
governed by the provisions of the Municipal Finance Act, ex- 
cept for the debt limitations upon school districts and cities im- 
posed by section 4 thereof. The debt of a school district or of a 
city for school purposes created under the provisions of this 
act and of a school district created under the provisions of 
chapter 156 of the Laws of 1947, or of chapter 55 of the Laws 
of 1949, or of chapter 9 of the Laws of 1953, shall be excluded 
in computing the debt limit of counties, towns, cities and village 
districts under the provisions of section 4, thereof. 



26 Chapter 11 [1955 

4. Board of Investigation Designated. There shall be a 
board of investigation composed as follows : A member of the 
tax commission, to be selected by said commission, who shall 
serve as chairman of the board ; the commissioner of education ; 
one member of the senate, appointed by the president of the 
senate; and one member of the house of representatives, 
appointed by the speaker of the house of representatives ; and 
one other person having knowledge of educational and financial 
matters to be appointed by the governor. In the absence, dis- 
ability, or refusal of the member appointed by the president 
of the senate, the member appointed by the speaker of the 
house of representatives, or the person appointed by the gov- 
ernor, to serve on said board, the president of the senate, or 
the speaker of the house of representatives, or the governor, 
as the case may be, shall designate some other member or per- 
son to serve as a member of said board. The board shall choose 
one of their number to serve as clerk. The non-state-salaried 
members of said board shall receive compensation for their 
services at the rate of ten dollars per diem and their Teasonable 
expenses, and said compensation, together with the other ex- 
penses incurred by the board shall be paid by the school district 
or city whose proposals are to be examined. Said board shall 
make a complete stenographic record of its hearings. 

5. Meetings of Board. Upon receipt of the record pro- 
vided under section 2, the commissioner of education shall 
notify the chairman of said board of the receipt thereof anS 
said chairman shall fix a time and place when all interested 
parties may be heard and cause notice thereof to be given by 
registered mail to the chairman of the school board and the 
clerk of the school district, or to the mayor of a city and the 
chairman of the board of education of a city, presenting the 
proposal at least fourteen days prior to the date set for the 
hearing and causing said notice to be published once in a news- 
paper of general circulation in said school district or city. Said 
hearing may be adjourned at the discretion of the board. 

6. Findings of Board. Said board shall consider the edu- 
cational needs and financial condition of the district or city. If 
it finds the proposal is in the best interest of and within the 
financial capacity of said district or city it shall certify its 
approval to the governor, but if it concludes the proposal is 
inexpedient it shall submit its disapproval forthwith in writing 



1955] Chapter 11 27 

to the chairman of the school board and clerk of the district 
or the mayor of the city and chairman of the board of education 
of the city and thereupon the action of said school district or 
said city shall be 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 the proposal by the board, the governor and 
council shall examine the same and if they shall approve, the 
record of such approval shall be certified by the secretary of 
state to the chairman of the school board and the clerk of the 
district or the mayor of the city and the chairman of the board 
of education of the city, whereupon said bond issue shall be 
regarded as authorized as though said issue does not exceed 
six per cent of the latest assessed valuation of said district or 
city, determined as above provided. 

8. Extension of Bond Term. Under the conditions of 
application, notice, hearing, approval and certification set forth 
in sections 2, 4, 5, 6 and 7 of this act, the terms of any bonds 
issued under the provisions hereof may be extended for a 
period of not more than thirty years. 

9. Duration of Board. The authority vested in the board 
under the provisions of section 4 of this act shall terminate 
December 31, 1956. 

2. Takes Effect: Expii*ation. This act shall take effect up- 
on its passage, provided that any action taken hereunder by 
any school district or city shall be completed before June 30, 
1957, except such action as may be necessary to carry out such 
approval as may 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 17, 1955.] 



28 Chapters 12, 13 [1955 

CHAPTER 12. 

AN ACT PROVIDING FOR EXEMPTION FROM PAYMENT OF POLL 
TAXES FOR VETERANS OF THE KOREAN CONFLICT. 

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

1. Poll Tax. Amend chapter 73 of the Revised Laws 
(chapter 72, RSA) by inserting after section 1 the following 
new section : 1-a. Korean Conflict Veterans. Every resident 
of this state who served in the armed forces of the United 
States at any time during the Korean conflict (except those 
dishonorably discharged from such service) shall be exempt 
from the levy of a poll tax. The words "Korean conflict" as used 
in this section shall mean service between June 25, 1950 and 
July 27, 1953. 

2. Takes Effect. This act shall take effect as of April 1, 
1955. 

[Approved February 24, 1955.] 



CHAPTER 13. 



AN ACT RELATIVE TO CHANGE IN CLASSIFICATION OF HIGHWAY 

IN ALSTEAD. 

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

1. Highway Classification. The class II highway starting 
from Forest road, so-called, in the town of Alstead at East 
Alstead Common, thence running southerly east of Lake 
Warren past the South Woods Road corner and the Big Mine, 
so-called, to Gilsum town line in the town of Alstead, shall here- 
after be classified as a class V highway. 

2. Transfer of Funds. Such sum as may have been 
apportioned by the state for the construction of the above 
named road as a secondary highway shall be transferred to the 
town road aid account and made available for expenditure in 
addition to such sums as are allotted for town road aid so-called 
and expended under the supervision of the commissioner of 
public works and highways. 



1955] Chapters 14, 15 29 

3. Takes Effect. This bill shall take effect upon its 
passage. 
[Approved February 25, 1955.] 



CHAPTER 14. 



AN ACT RELATING TO THE ISSUE OF DUPLICATES OF LOST 
DEPOSIT BOOKS. 

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

1. Savings Banks, Lost Deposit Books. Amend section 33 
of chapter 309 of the Revised Laws (section 32, chapter 386, 
RSA) by striking out the words "three months" in the second 
line and inserting in place thereof the words, one month, so that 
said section as amended shall read as follows: 33. Issue of 
Duplicate. If no other person shall make claim to such book 
or to the deposit thereunder within one month after such 
publication and notice the bank or association shall issue to the 
depositor a duplicate of such book which shall contain a com- 
plete statement of the depositor's account, and shall state that 
it is issued in lieu of the one alleged to have been lost or de- 
stroyed; and the bank or association shall not be liable there- 
after on account of such original book. 

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

[Approved February 25, 1955.] 



CHAPTER 15. 



AN ACT RELATIVE TO THE NUMBER OF SMALL CLAIMS 
WHICH MAY BE FILED IN SMALL CLAIMS COURT. 

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

1. Repeal. Section 5 of chapter 378 of the Revised Laws 
(section 5, chapter 503, RSA) relative to the limitation of the 



30 Chapter 16 [1955 

number of small claims that may be filed by one person is here- 
by repealed. 

2. Takes Eifect. This act shall take effect upon its 
passage. 
[Approved February 25, 1955.] 



CHAPTER 16. 



an act relative to exemption from fees for 
Seeing Eye dogs. 

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

1. Seeing Eye Dogs. Amend section 9-a of chapter 180 of 
the Revised Laws,, as inserted by chapter 102, Laws of 1945, 
(section 8, chapter 466, RSA) by striking out the words "the 
present war" and inserting in place thereof the words. World 
War II, and by adding the following sentence at the end there- 
of : No fee shall be required for the registration and licensing 
of a Seeing Eye dog which is used as a guide for a blind per- 
son, so that said section as amended shall read as follows: 
9-a. Exemption from Fees. No fee shall be required for the 
registration and licensing of a dog which has served with the 
forces of the United States during World War II and which has 
received an honorable discharge therefrom. No fee shall be 
required for the registration and licensing of a Seeing Eye dog 
which is used as a guide for a blind person. 

2. Takes Effect. This act shall take effect as of May 1, 
1955. 

[Approved February 25, 1955.] 



1955] Chapter 17 31 

CHAPTER 17. 

AN ACT RELATIVE TO PUBLICLY ELECTED OFFICIALS OF CITIES. 

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

1. City Officials. Amend section 3 of chapter 66, Revised 
Laws, (section 1, chapter 48 RSA) by inserting after the word 
"employment" in the fifth line the words, by the city; by in- 
serting after the word "employment" in the fifth line the words, 
by the city; by inserting after the word "court" in the sixth 
line the words, or call firemen ; and by inserting after the word 
"law" in the twelfth line the words: The provisions of this 
section shall not affect the rights of cities or towns to make 
such consolidation of official function as may have been 
heretofore authorized by statute, so that said section as 
amended shall read as follows : 3. Prohibition. No publicly 
elected official of a city, except school district officers, who as 
such oflficial is authorized to appropriate or expend public funds 
shall be employed during the term for which he is elected by 
any department, board or commission of the city in any other 
capacity or in any other position of employment by the city 
where compensation is allowed, except as justice or clerk of 
the municipal court, or call firemen ; provided that in case any 
city charter, at the time this section takes effect, provides 
specifically that certain elected officials may be employed in 
other specified employments, or positions, contrary to the pro- 
visions of this section, the provisions of said charter shall 
prevail. Upon the acceptance of any such prohibited employ- 
ment by a publicly elected oflficial, as prohibited herein, the 
elective office shall forthwith become vacant and shall be filled 
as provided by law. The provisions of this section shall not 
affect the rights of cities or towns to make such consolidation 
of official function as may have been heretofore authorized by 
statute. This section shall not affect any publicly elected city 
official in office on June 10, 1941 until the term of office for 
which such official has been elected expires. 

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

[Approved March 4, 1955.] 



32 Chapter 18 [1955 

CHAPTER 18. 

AN ACT RELATIVE TO DISCHARGE OR REMOVAL OF EMPLOYEES OF 

PUBLIC LIBRARIES. 

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

1. Public Libraries. Amend chapter 15 of the Revised 
Laws (chapter 202, RSA) by inserting after section 59 the 
following new section: 59-a. Library Employees; Removal. 

No employee of a public library board shall be discharged or 
removed from office except by the library trustees for mal- 
feasance, misfeasance, or inefficiency in office, or incapacity or 
unfitness to perform his duties. Prior to the discharge or re- 
moval of any such employee, a statement of the grounds and 
reasons therefor shall be prepared by the library trustees, and 
signed by a majority of the board, and notice thereof shall be 
given to said employee not less than 15 days nor more than 30 
days prior to the effective date of such discharge or removal. 
Upon receipt of said notice and within thirty days thereafter, 
but not otherwise, the employee may request a public hearing 
thereon. If such request is made, the library trustees shall hold 
a pubhc hearing on such discharge or removal. Said hearing 
shall be held not more than thirty days after receipt of the re- 
quest for the same, and if the trustees, upon due hearing, shall 
find good cause for discharge or removal of said employee, they 
shall order his or her discharge or removal from office. There 
shall be no change in salary of such employee during the pro- 
ceedings for discharge or removal nor until the final effective 
date of the order for discharge or removal. The words "library 
trustees" as used in this section shall be construed to refer to 
any board having charge of the public library in a town or city. 
The provisions of this section shall apply to the employees of 
any public library board except in a case where said city or 
town has personnel rules and regulations which apply to said 
employees and which make provision for a public hearing in 
the case of such discharge or removal. 

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

[Approved March 5, 1955.] 



1955] Chapter 19 33 

CHAPTER 19. 

AN ACT RELATIVE TO THE MORTGAGE OF CORPORATE ASSETS BY 
AUTHORITY OF THE BOARD OF DIRECTORS. 

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

1. Business Corporations. Amend section 40 of chapter 
274 of the Revised Laws (section 41, chapter 294, RSA) by 
adding at the end thereof the following: A mortgage shall 
not be construed to be a sale within the meaning of this section 
and nothing herein shall be construed to limit the authority 
of the board of directors of a corporation to mortgage the 
property and assets of the company, so that said section as 
amended shall read as follows: 40. By Two-Thirds Vote. 
Any such corporation, at the meeting duly called for the pur- 
pose, may, by vote of the holders of two-thirds of the stock pres- 
ent or represented by proxy and voting at the meeting, or, if 
two or more kinds or classes of stock have been issued, by vote 
of the holders of two thirds of each kind or class of stock out- 
standing and entitled to vote and present or represented by 
proxy and voting at the meeting, or by a larger vote if the 
articles of agreement so requires, change its corporate name, 
the nature and purposes of its business, the classes of its 
capital stock, the kinds and classes of its capital stock sub- 
sequently to be issued and their voting power, or make any 
other lawful amendment or alteration in its articles of agree- 
ment or record of organization, or may sell, lease, or exchange 
all its property and assets, including its good will and its corpo- 
rate franchise, upon such terms and conditions as it deems ex- 
pedient. A mortgage shall not be construed to be a sale within 
the meaning of this section and nothing herein shall be con- 
strued to limit the authority of the board of directors of a 
corporation to mortgage the property and assets of the com- 
pany. 

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

[Approved March 5, 1955.] 



34 Chapter 20 [1955 

CHAPTER 20. 

AN ACT GRANTING DISCRETIONARY AUTHORITY TO PROBATE COURTS 
IN CONNECTION WITH BONDS OF TRUSTEES. 

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

1. Trustees' Bonds. Amend section 1, of chapter .363, of 
the Revised Laws, as amended by section 3, chapter 264, Laws 
of 1947 (section 1, chapter 564, RSA) by inserting after the 
word "sureties" in the third line thereof the following: or with- 
out sureties in estates of five thousand dollars or less where 
the judge finds it in the interest of the estate, so that said 
section as amended shall read as follows : 1. Bonds. Every 
trustee to whom any estate, real or personal, is devised in trust 
for any person shall give bond to the judge of probate, with 
sufficient sureties, or without sureties in estates of five thou- 
sand dollars or less where the judge finds it in the interest of 
the estate, in such sum as the judge may order, except as 
provided in the following section and in chapter 352, section 15, 
conditioned : 

L That he will make and file in the probate office a true 
inventory of the real estate, goods, chattels, rights, and credits 
so devised, at such time as the judge shall order. 

n. That he will annually render an account to the judge 
of the annual income and profit thereof, unless excused by the 
judge of probate as provided by law. 

in. That at the expiration of the trust he will adjust and 
settle his account with the judge, and pay and deliver over all 
balances, money, and property with which he has been in- 
trusted. 

IV. That he will faithfully execute the trust according to 
the true intent of the devisor. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 5, 1955.] 



1955] Chapters 21, 22 35 

CHAPTER 21. 

AN ACT RELATING TO ATTACHMENTS. 

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

1. Burden of Proof. Amend section 52-a of chapter 388 of 
the Revised Laws as inserted by section 1 of chapter 124 of the 
Laws of 1953 (section 53, chapter 511, RSA) by inserting after 
the word "discharged" in the sixth line the following: Upon 
such application the party making the attachment shall have 
the burden of proof to show that the attachment is not exces- 
sive or unreasonable, so that said section as amended shall 
read as follows : 52-a. Excessive Attachments. If an exces- 
sive or unreasonable attachment of any kind, by trustee process 
or otherwise, has been made on mesne process, the defendant 
may apply to the superior court to have the amount of the 
attachment reduced or to have it discharged. Upon such appli- 
cation the party making the attachment shall have the burden 
of proof to show that the attachment is not excessive or un- 
reasonable. If, on hearing, the court shall find that the attach- 
ment is excessive or unreasonable under all the circumstances, 
it shall order the reduction or discharge of the attachment, as 
justice may require. The findings and order of the court under 
this section shall be inadmissible in evidence for any purpose 
at any other stage of the cause. 

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

[Approved March 5, 1955.] 



CHAPTER 22. 

AN ACT RELATIVE TO HUNTING AND FISHING LICENSES. 

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

1. License Required. Amend section 1 of chapter 247 of 
the Revised Laws (section 1, chapter 214, RSA) by striking out 
the words "metal case" in the seventh line, and inserting in 
place thereof the words, plastic or metal badge, so that said 



36 Chapter 23 [1955 

section as amended shall read as follows: 1. License Re- 
quired, Etc. No person, except as hereinafter provided, shall 
at any time fish, hunt, trap, shoot, pursue, take or kill fresh 
water fish, salt water smelt, wild birds, or wild animals in this 
state, without first procuring a license so to do, and then only 
in accordance with the terms of such license and subject to all 
the provisions of this title. The licensee shall wear such license, 
prominently displayed, on the front of the outer garment, in a 
plastic or metal badge, furnished by the department at the 
time such license is issued, or a license button as the case may 
be, and the same shall be subject to inspection on demand by 
any person. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 5, 1955.] 



CHAPTER 23. 

AN ACT PROVIDING FOR ADVANCE SHEETS OF SESSION LAWS. 

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

1. Session Laws. Amend chapter 10 of the Revised Laws 
(chapter 20, RSA) by inserting after section 2 the following 
new section : 2-a. Advance Sheets, Printing and Distribution. 

During each regular legislative session the secretary of state 
shall provide for the printing and distribution of advance sheets 
of all public and private acts and resolves, together with an 
index thereof, of such session. Such advance sheets shall be 
available for sale to attorneys at law and the public, as the 
legislation is enacted. The secretary of state shall carry out 
the provisions of this section under a plan approved by the 
judicial council, and said plan shall fix the price to be charged 
by the secretary of state. It is further provided that each 
justice of the supreme, superior, probate and municipal courts 
shall be furnished a set of the advance sheets without charge. 
The senate shall receive two such sets and the house of repre- 
sentatives three such sets. The state library shall also be 
furnished a set for its own use and upon request sufficient sets 
to exchange with other states. 



1955] Chapter 24 37 

2. Takes Effect. This act shall take effect as of January 5, 
1955. 
[Approved March 5, 1955.] 



CHAPTER 24. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF SALMON BROOK 
AND ITS WATERSHED. 

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 accordance 
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 1950, (chapter 149, RSA) as follows: 

L Salmon brook and all its tributaries and impoundments 
and all their tributaries, in the city of Nashua, from the New 
Hampshire-Massachusetts state line to the crest of the Edge- 
ville Pond dam, Class B-1. 

n. Salmon brook and all its tributaries, canals and other 
diversions and impoundments and all their tributaries, in the 
city of Nashua, from the crest of Edgeville Pond dam to the 
Merrimack River, Class C. 

in. All other surface waters of the Salmon brook water- 
shed hitherto unclassified and which have not been included in 
paragraphs I and II, Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved March 5, 1955.] 



38 Chapters 25, 26 [1955 

CHAPTER 25. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF PENNICHUCK 
BROOK AND ITS WATERSHED. 

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 accordance 
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 1950, (chapter 149, RSA) as follows : 

L Pennichuck brook and all its tributaries and impound- 
ments and all their tributaries, in the town of Hollis and the 
city of Nashua, from their sources to the outlet of Pennichuck 
pond. Class B-1. 

n. Pennichuck brook and all its tributaries and impound- 
ments and all their tributaries, in the towns of Hollis, Milford, 
Amherst, Merrimack, and the city of Nashua, from the outlet 
of Pennichuck pond to the crest of the Supply Pond dam. 
Class A. 

IIL Pennichuck brook and all its tributaries, in the town 
of Merrimack and the city of Nashua, from the crest of the 
Supply Pond dam to the Merrimack river. Class C. 

IV. All other surface waters of the Pennichuck brook 
watershed hitherto unclassified and which have not been in- 
cluded in paragraphs I through III, Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved March 5, 1955.] 



CHAPTER 26. 



an act changing classification of the so-called 
King's Highway. 

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

1. Change in Classification. The section of highway desig- 
nated as class II and known as the King's highway in the towns 



1955] Chapter 27 39 

of Middleton and New Durham from the Wolfeboro-Middleton 
town line to the junction of the state-aided road connecting 
route 11 in Farmington with route 16 in Wakefield shall here- 
after be classified as a class V highway. 

2. Transfer of Funds. Such sums as may have been 
apportioned by the state for the construction of the above 
named road as a secondary highway shall be transferred to the 
town road aid account in the towns of New Durham and Middle- 
ton and made available for expenditure in addition to such 
sums as are allotted for town road aid, so-called, in said towns, 
and expended under the supervision of the commissioner of 
public works and highways. 

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

[Approved March 7, 1955.] 



CHAPTER 27. 

AN ACT RELATIVE TO TRUSTS FOR CARE OF CEMETERY LOTS. 

Whereas, there have heretofore been established by wills, 
many small bequests in trust for the care of cemetery lots, in 
the cities and towns of this state, and 

Whereas, the present costs of administration of said small 
trusts under the supervision of the probate courts has de- 
stroyed or seriously impaired the carrying out of purposes 
thereof, and 

Whereas, there are established in the towns and cities of the 
state trustees of trust funds who are empowered by law to re- 
ceive funds in trust for the same uses and purposes, and 

Whereas, said trustees of trust funds in many of said cities 
and towns now hold funds for the same or similar purposes, and 

Whereas, said trustees of trust funds are able to hold and 
manage funds for the purposes set forth in said trusts together 
with other funds held by them for the same or similar purposes 
at no cost to the said trust, and are thus able to better carry 
out the uses and purposes for which said funds are established, 
and 



40 Chapter 28 [1955 

Whereas, it would be for the best interests of the said cities 
and towns as well as of said trusts that said trust funds should 
be managed by said trustees of trust funds where they are will- 
ing : Now therefore 

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

1. Trustees of Trust Funds. Amend chapter 363 of the 
Revised Laws (chapter 564, RSA) by adding after section 10 
the following new section : 10-a. Cemetery Trusts. If a 
trustee appointed in a will over a trust for the benefit of a 
cemetery lot or lots, for which trustees of trust funds of a city 
or town may accept trust funds, shall resign, die, or be re- 
moved, the court of probate, on petition by the trustees of trust 
funds of the town or city where said cemetery lot or lots are 
located, and after notice to all other persons interested, may 
appoint said trustees of trust funds as trustees of said fund, 
the same to be held by said trustees as though they were 
originally bequeathed to the town or city for the uses and pur- 
poses in said will set forth. 

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

[Approved March 7, 1955.] 



CHAPTER 28. 



AN ACT RELATIVE TO SPECIAL MOTOR VEHICLE NUMBER PLATES 

FOR MEMBERS OF THE GENERAL COURT AND CERTAIN 

LAW ENFORCEMENT OFFICERS. 

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

1. Motor Vehicles. Amend section 7-a of chapter 116 of the 
Revised Laws, as inserted by chapter 81 of the Laws of 1953 
(section 10, chapter 260 RSA) by striking out the same and 
inserting in place thereof the following : 7-a. Special Number 
Plates. Upon payment of motor vehicle registration fee, if 
any, the motor vehicle commissioner may issue a special plate, 
to be designated by him, to be affixed to the vehicle of the gover- 
nor, the members of the governor's council, president of the 



1955] Chapter 29 41 

senate, members of the senate, speaker of the house of repre- 
sentatives, m.embers of the house of representatives, the 
attorney general and his deputy, and vehicles of state police and 
motor vehicle departments. Said special plates shall be issued at 
no cost to the state other than those plates furnished to the gov- 
ernor, the members of the governor's council, president of the 
senate, speaker of the house of representatives, state police and 
motor vehicle departments. 

2. Takes Effect. This act shall take effect March 1, 1955. 
[Approved March 10, 1955.] 



CHAPTER 29. 



AN ACT RELATING TO PRISONERS COMMITTED TO A HOUSE OF 

CORRECTION. 

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

1. House of Correction. Amend chapter 462 of the Re- 
vised Laws (chapter 620, RSA) by adding the following new 
section : 12. Transfer of Prisoners. The county commission- 
ers of any county may recommend the transfer of any prisoner 
serving a sentence in a house of correction to any other county 
institution in the state when in their opinion such a transfer 
is in the public interest. This proceeding shall be on petition to 
the superior court with notice to the commissioners of the 
county to which it is planned to transfer the prisoner. Said 
court may, after hearing and for good cause shown, order such 
transfer, under such terms and conditions as appear necessary, 
for the balance of the term for which the prisoner was 
sentenced. The expense of transferring and maintaining such 
prisoner shall be paid by the county petitioning for the trans- 
fer. 

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

[Approved March 12, 1955.] 



42 Chapters 30, 31 [1955 

CHAPTER 30. 

AN ACT RELATIVE TO MIGRATORY GAME BIRDS. 

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

1. Woodcock. Amend section 1 of chapter 243 of the Re- 
vised Laws (section 1, chapter 209, RSA) as amended by sec- 
tion 1 of chapter 182 of the Laws of 1945, by striking out said 
section and inserting in place thereof the following: 1. 
Grouse; Woodcock; Snipe. Ruffed grouse, commonly called 
partridge; may be taken and possessed from October first to 
December first. No person shall take more than four ruffed 
grouse in one day, nor more than twenty-five in one season. 
Woodcock and snipe may be taken and possessed during such 
time and in such manner and numbers as may be prescribed by 
regulations promulgated under the Federal Migratory Bird 
Treaty Act, so-called. 

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

[Approved March 12, 1955.] 



CHAPTER 31. 



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

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

1. Designation of Highway. I'he section of highway in the 
Stratford Hollow section of the town of Stratford leading from 
No. 3 highway to Vermont State Line, shall be designated as a 
Class 1 highway. 

2. Regulation of Travel. The commissioner of public works 
and highways is hereby directed to regulate all travel over said 
highway and bridge in accordance with section 18 of part 10 
of the highway law of 1945, as inserted by chapter 188 of the 
Laws of 1945, and is further directed that when in his opinion 
the bridge becomes unsafe for public travel no funds shall be 



1955] Chapter 32 43 

expended by him on the structure but that it shall be closed to 
public travel. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 12, 1955.] 



CHAPTER 32. 



AN ACT RELATIVE TO THE ESTABLISHMENT OF FISHING 
REGULATIONS. 

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

1. Hearings; Time of. Amend section 11 of chapter 240 of 
the Revised Laws, (section 11, chapter 206, RSA) by striking 
out the words "in each odd-numbered" in the first line and in- 
serting in place thereof the words, once each and by striking 
out the word "biennial" in the sixteenth line and inserting in 
place thereof the word, annual, so that said section as amended 
shall read as follows: 11. Hearings. Once each year the 
director shall hold public hearings for the purpose of hearing 
interested parties with respect to his duties, as set forth in 
this title. Such hearings shall be held at the superior court 
house in Concord commencing at 10 a. m. on the first Monday 
after the fourth of July, and at the superior court house at 
Lancaster, commencing at 10 a. m. on the first Friday follow- 
ing the first Monday after the fourth of July. It shall be the 
duty of the members of the commission to be in attendance at 
such hearings. In the event of the illness of the director, or a 
majority of the commission not being present, or other unfore- 
seen contingency, such hearings shall be adjourned or post- 
poned. In the event of such adjournment or postponement 
notice of the time of subsequent hearing shall be posted at 
such court house and given such other publicity as the director 
shall deem proper to give adequate notice thereof to interested 
parties. The director may in his discretion conduct other public 
or private hearings throughout the year upon petition of in- 
terested parties. At the annual hearings held at Concord and 
Lancaster and at other public hearings that the director shall 
hold in accordance with the provisions of this section, any per- 



44 Chapter 33 [1955 

son having any testimony to present which bears upon the 
power and authority of the director under the provisions of this 
title, shall be given full opportunity to be heard, and the 
director shall cause a complete stenographic record to be kept 
of all testimony taken. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 12, 1955.] 



CHAPTER 33. 

AN ACT RELATIVE TO BROOK TROUT. 

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

1. Brook Trout, Sale of. Amend section 25-a of chapter 246 
of the Revised Laws as inserted by chapter 86, Laws of 1953, 
(section 30, chapter 212 RSA) by striking out said section and 
inserting in place thereof the following : 25-a. Sale of Brook 
Trout. Brook trout raised by any such licensee may be 
possessed, bought and sold for use as food in hotels and restau- 
rants, provided, however, that there shall be attached to each 
fish or part thereof so possessed, bought or sold, a special tag 
provided by the director, which tag shall remain attached to 
the fish or part thereof until immediately prior to cooking. 
The director shall make tags required hereunder available to 
licensees at a nominal charge. 

2. Brook Trout, Raised Outside of State, Sale of. Amend 
chapter 246 of the Revised Laws, (chapter 212 RSA) by in- 
serting after section 25-a the following new section: 25-b. 
Sale of Brook Trout Raised Outside the State. Brook trout 
raised outside the state, if frozen, may be possessed, bought 
and sold for use as food in hotels and restaurants within the 
state, provided they be tagged by a tag approved by the 
director, which tag shall remain attached to the fish or part 
thereof until immediately prior to cooking. Out-of-state, and in- 
state wholesalers who wish to sell frozen brook trout in this 
state must first procure a wholesaler's license to do so, the fee 
for which shall be five dollars, and which shall be renewed at 



1955] Chapter 34 45 

the beginning of each calendar year. The director is authorized 
to make tags available to wholesale licensees at a nominal 
charge. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 12, 1955.] 



CHAPTER 34. 

AN ACT RELATING TO THE EXECUTION OF BONDS OF THE STATE. 

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

1. Signature of Governor. Amend chapter 27 of the Re- 
vised Laws (chapter 4, RSA) by inserting at the end thereof 
the following new section : 49. Facsimile Signature. When- 
ever any statute, whether heretofore or hereafter enacted, 
authorizing the issue of obligations of the state, requires that 
such obligations be signed or countersigned by the governor, 
the governor may cause his signature or countersignature to be 
printed upon such obligations in facsimile, and such facsimile 
signature of the governor shall have the same effect as his 
genuine signature. 

2. Seal of the State. Amend chapter 21 of the Revised 
Laws by inserting after section 3 (section 5, chapter 5, RSA) 
the following new section: 3-a. Facsimile Seal. In the 
execution of bonds of the state, the secretary of state may 
cause the seal of the state to be printed in facsimile thereon; 
and such facsimile of the state seal shall have the same legal 
effect as the impression of the state seal itself. 

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

[Approved March 12, 1955.] 



46 Chapters 35, 36 [1955 

CHAPTER 35. 

AN ACT RELATING TO THE COMMISSION ON UNIFORM 
STATE LAWS. 

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

1. Commission on Uniform State Laws. Amend section 4 
of chapter 7-A of the Revised Laws as inserted by chapter 100 
of the Laws of 1947 and as inserted by section 6 of part 5 of 
chapter 5 of the Laws of 1950, (section 4, chapter 18 RSA) by 
striking out the same and inserting in place thereof the follow- 
ing: 4. Appropriations. The legislature shall annually 
appropriate sums sufficient for promoting and continuing the 
national conferences of commissioners on uniform state laws 
and for the purpose of paying expenses for attendance at said 
national conferences. 

2. This act shall take effect on July 1, 1955. 
[Approved March 12, 1955.] 



CHAPTER 36. 

AN ACT RELATIVE TO DONATIONS FOR HIGHWAY PURPOSES. 

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

1. Commissioner, Authority to Accept Gifts. Amend sec- 
tion 15, chapter 90-A of the Revised Laws as inserted by part 9, 
chapter 5, Laws of 1950 (section 6, chapter 228, RSA) by in- 
serting at the end thereof the following new paragraph : VIIL 
Accept subject to the approval of the governor and council, 
donations of money, labor and/or materials to be expended or 
used upon class I, class II or class III highways at such points or 
places designated by the donor, provided that in the commis- 
sioner's opinion the project is practicable and in the public in- 
terest. 

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

[Approved March 12, 1955.] 



1955] Chapters 37, 38 47 

CHAPTER 37. 

AN ACT RELATING TO OFFICERS OF THE STATE COMMITTEES 
OF POLITICAL PARTIES. 

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

1. Officers as Ex-Officio Members of State Committee. 

Amend section 60 of chapter 33 of the Revised Laws as 
amended by chapter 198, Laws of 1945, (section 63, chapter 56, 
RSA) by striking out the words "the chairman and other 
officers of the state committee need not be members of the com- 
mittee," and by inserting in place thereof the following: A 
state committee may choose as its officers persons not members 
of the committee and such officers shall be ex officio members 
of the committee; so that as amended said section shall read: 
60. Party Organization. The party nominees and state dele- 
gates of each county shall elect a county committee for their 
party either in said state convention or in county convention 
upon call of the chairman of the state committee. The county 
committee shall consist of such number of persons as the state 
convention shall by vote apportion to each county. The mem- 
bers of the several committees thus chosen shall constitute the 
state committee of the party. A state committee may choose as 
its officers persons not members of the committee and such 
officers shall be ex officio members of the committee. The party 
members in each town, ward or city may effect such an organi- 
zation as they may deem expedient for advancing the purposes 
of their party. 

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

[Approved March 12, 1955.] 



CHAPTER 38. 



AN ACT RELATIVE TO THE CARE AND CUSTODY OF 
FEMALE CONVICTS. 

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

1. Female Convicts. Amend section 34 of chapter 464 of 
the Revised Laws (section 33, chapter 622, RSA) by striking 



48 Chapter 38 [1955 

out said section and inserting in place thereof the following 
new section : 34. Contracts Authorized. The trustees of the 
state prison are authorized to contract with the county com- 
missioners of any county having prison facilities in which 
female convicts are kept separate or apart from male convicts, 
or with the authorities of other states having penal institutions 
in which female convicts are kept separate or apart from male 
convicts, for the care, custody, maintenance and confinement in 
such county prison facilities or out-of-state penal institutions 
of females convicted under the laws of this state of offenses 
punishable by imprisonment in the state prison. Such contracts 
shall be approved by the governor and council. 

2. Length of Sentence. Amend section 36 of said chapter 
464 of the Revised Laws (section 35, chapter 622, RSA) by 
inserting after the word "such" in the third line the words, 
county prison facilities or, so that said section as amended 
shall read as follows: 36. Good Behavior. The law of this 
state with respect to diminution of the length of a sentence for 
good behavior or other cause shall apply to all sentences served 
in whole or in part in such county prison facilities or out-of- 
state institutions. 

3. Termination of Contract. Amend section 37 of chapter 
464 of the Revised Laws (section 36, chapter 622, RSA) by 
striking out said section and inserting in place thereof the 
following new section: 37. Return or Transfer of Convicts. 

Upon the termination of any contract entered into in accord- 
ance with the provisions hereof, or when the terms of any such 
contract shall so provide, convicts confined in such county 
prison facilities or out-of-state institutions shall be returned 
by the warden or his assistant to the state prison or shall be 
delivered to such other county prison facility or out-of-state 
penal institution as the trustees shall have contracted with 
under the provisions of this subdivision. The trustees shall pro- 
vide for the return to this state of all such convicts as shall 
desire to return upon the expiration of their sentences or other 
discharge by law. 

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

[Approved March 12, 1955.] 



1955] Chapter 39 49 

CHAPTER 39. 

AN ACT RELATIVE TO THE PAYMENT OF POLL TAXES. 

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

1. Poll Taxes. Amend section 3 of chapter 116 of the Re- 
vised Laws as amended by chapter 105, Laws of 1947, chapter 
150, Laws of 1949 and section 1 of chapter 173, Laws of 1953, 
(section 4, chapter 260, RSA) by inserting after the word 
"vehicle" in the second line thereof, or obtain a license to 
operate a motor vehicle, so that said section as amended shall 
read as follows : 3. Payment of PoU Tax Required. No per- 
son shall obtain a permit to register a motor vehicle, or register 
a motor vehicle, or obtain a license to operate a motor vehicle, 
or procure a license to hunt or fish, or a trapping license, with- 
out first executing an affidavit under the pains and penalties of 
perjury, that he has paid all poll and head taxes for the pre- 
ceding year for which he is liable or been lawfully relieved 
from such payment by reason of exemption or abatement ; pro- 
vided, however, that a permit, registration or license, as the 
case may be, may be issued if the selectmen or assessors shall 
certify that in their opinion the applicant should be granted 
such permit, registration or license even though such taxes 
have not been paid. 

2. Issuing Officials. Amend section 3-a of chapter 116, Re- 
vised Laws, as inserted by section 2 of chapter 173, Laws of 
1953, (section 5, chapter 260, RSA) by inserting after the word 
"vehicle" at the end of the second line thereof, or license to 
operate a motor vehicle, so that the same as amended shall 
read: 3-a. Prohibition. No official or other person shall 
issue a permit to register a motor vehicle, or registration for a 
motor vehicle, or license to operate a motor vehicle, or a license 
to hunt, fish or trap, without first requiring the applicant to 
make an affidavit under the pains and penalties of perjury that 
all poll and head taxes for which he is liable for the preceding 
year have been paid. Any person who shall violate the provi- 
sions of this section shall be fined not more than fifty dollars. 

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

[Approved March 12, 1955.] 



50 Chapters 40, 41 [1955 

CHAPTER 40. 

AN ACT RELATING TO NON-MILITARY USE OF STATE ARMORIES. 

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

1. Charitable Purposes. Amend section 105 of chapter 143 
of the Revised Laws (section 102, chapter 110, RSA) by strik- 
ing out the word "public" in the third hne, and the phrase "not 
sectarian or fraternal" in the fourth line of said section, so that 
said section, as amended, shall read as follows: 105. Use for 
Public Meetings, etc. When such use will not interfere with 
the use by military and veteran organizations, armories may be 
used for conventions, meetings, exhibitions, expositions, and 
charitable purposes, under such regulations as may be promul- 
gated by the adjutant-general with the approval of the gov- 
ernor and council. 

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

[Approved March 12, 1955.] 



CHAPTER 41. 

AN ACT RELATIVE TO HONORARY HUNTING AND FISHING LICENSES. 

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

1. Honorary Licenses. Amend chapter 247 of the Revised 
Laws by inserting after section 6-a as inserted by section 1, 
chapter 60, Laws of 1947, (section 1,3, chapter 214, RSA) the 
following new section : 6-b. Nonresident Honorary Licenses. 

The director, with the approval of the fish and game commis- 
sion, may issue honorary hunting or fishing licenses to the 
President and Vice President of the United States and non- 
resident governors, fish and game officials, accredited sports 
writers, and recognized conservationists, without charge. Dur- 
ing a calendar year, not more than fifty hunting licenses nor 
seventy-five fishing licenses shall be made available for this 
purpose. 



1955] Chapter 42 51 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 12, 1955.] 



CHAPTER 42. 

AN ACT PROVIDING FOR A CONSTITUTIONAL CONVENTION. 

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

1. Delegates; Election. At the election in the several 
towns to be holden on the second Tuesday of March, 1956, and 
at the election in the several cities of delegates to national con- 
ventions to be holden on the same day, delegates to a conven- 
tion to revise the constitution shall be chosen and an article 
therefor shall be inserted in the warrants calling said meet- 
ing ; and all the laws relating to the election of representatives 
to the general court, so far as the same may be applicable, shall 
apply to the election of delegates except as herein otherwise 
provided. 

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

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

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

5. Organization. The delegates chosen shall assemble in 
convention at the capitol in Concord on the third Tuesday of 
May, 1956, at noon, and shall proceed to organize by choosing 
one of their number by ballot to serve as president, and such 
other officers as they deem necessary; they shall be the judges 
of election and returns of their own members, and may 
establish rules of proceedings and proceed to recommend con- 
stitutional amendments. 



52 Chapter 43 [1955 

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

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

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

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

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

[Approved March 16, 1955.] 



CHAPTER 43. 

AN ACT RELATIVE TO ELK. 

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

1. Elk, Number of. The director of fish and game is hereby 
directed to reduce the elk herd in the state to a population that 
will no longer present a potential threat to agriculture inter- 
ests. The reduction of this herd shall be started at once and 
carried to completion without unnecessary delay. In de- 
termining the number of elk to be killed hereunder the director 
shall consult with the commissioner of agriculture as to 



1955] Chapters 44, 45 53 

agricultural interests. The carcasses of such elk as are killed 
hereunder shall be sold and all sums received from said sale 
shall be kept in a special account to be expended only by the fish 
and game director with the advice and consent of the fish and 
game commission for the purpose of the establishment of an 
elk herd in the northern counties of the state. 

2. Repeal. Chapter 259, Laws of 1953, relative to elk in 
Unity, is hereby repealed. 

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

[Approved March 16, 1955.] 



CHAPTER 44. 

AN ACT RELATIVE TO DESTRUCTION OF OLD INSURANCE RECORDS. 

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

1. Insurance Commissioner, Records. Amend section 25 of 
chapter 321 of the Revised Laws (section 24, chapter 400 RSA) 
by striking out the word "ten" in the second line and inserting 
in place thereof the word, six, so that said section as amended 
shall read as follows: 25. Disposal of Reports and Records. 
The commissioner may destroy at the end of six years from the 
date of filing, reports and records in the insurance department 
which, in his opinion, are no longer of any value to the state. 

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

[Approved March 21, 1955.] 



CHAPTER 45. 



AN ACT TO PROVIDE FOR THE PERAMBULATION OF THE MAINE 

AND New Hampshire Boundary line. 

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

1. Perambulation. The boundary line between the state of 
New Hampshire and the state of Maine, as established and 



54 Chapter 46 . [1955 

marked on land under the provisions of chapter 115 of the 
Laws of 1947, shall be perambulated and the line marked and 
bounds renewed whenever necessary, once in seven years for- 
ever. The governor, with the advice and consent of the council, 
shall appoint a surveyer from the public works and highways 
department who shall, in conjunction with a duly authorized 
representative of the state of Maine, perambulate the boundary 
line from Bryant's Rock at East pond to the Canadian line. 

2. Notice. The governor, with the advice and consent of 
the council, shall authorize the public works and highways 
commissioner to notify and make such arrangements with the 
proper authorities of the state of Maine as may be necessary 
to carry out the provisions hereof. 

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

4. Appropriation. There is hereby appropriated the sum of 
five thousand dollars to carry out the provisions of this act. 
The governor is authorized to draw his warrant for the sum 
hereby appropriated out of any money in the treasury not 
otherwise appropriated. 

5. Limitation. This act shall take effect upon its passage 
provided that no work shall be done or money expended under 
the provisions hereof until similar legislation has been enacted 
by the state of Maine. 

[Approved March 21, 1955.] 



CHAPTER 46. 

AN ACT TO AUTHORIZE SUMMARY PROCEDURE FOR JUDGMENT 

IN ACTIONS OF CONTRACT TO WHICH THERE IS NO 

DEFENSE. 

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

1. Superior Court. Amend chapter 370 of the Revised 
Laws (chapter 491, RSA) by adding after section 22, as in- 



1955] Chapter 47 55 

serted by chapter 243, Laws of 1951, the following new section: 
23. Motions for Summary Judgment. In any action founded 
on contract, in which the plaintiff seeks to recover a debt or 
liquidated demand, he may, at any time after the defendant has 
appeared, move for immediate entry of judgment, setting forth 
with particulars his cause of action and stating that in his 
belief there is no defense thereto. This motion shall be accom- 
panied by affidavits based upon personal knowledge of admissi- 
ble facts as to which it appears affirmatively that the affiants 
will be competent to testify. The facts stated in the accom- 
panying affidavits shall be taken to be admitted for the purpose 
of the motion unless within fifteen days contradictory affidavits 
based on personal knowledge are filed or the opposing party 
shall file an affidavit showing specifically and clearly reasonable 
grounds for believing that contradictory evidence can be pre- 
sented at a trial but cannot be furnished by affidavits. Copies 
of all motions and affidavits shall upon filing be furnished 
opposing counsel. If it shall appear upon hearing that no 
genuine issue of material fact exists, judgment may be entered 
accordingly. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 21, 1955.] 



CHAPTER 47. 



AN ACT TO AUTHORIZE ADMINISTRATION OF SMALL ESTATES 
UPON GIVING BOND WITHOUT SURETIES. 

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

1. Bond of Administrator, Small Estates. Amend section 
13, chapter 352 of the Revised Laws as amended by section 1, 
chapter 264, Laws of 1947 (section 13, chapter 553, RSA) by 
adding at the end thereof the following: In the discretion of 
the judge of probate the requirements for sureties may be 
waived when the estate has a gross value of less than twenty- 
five hundred dollars exclusive of property specified in section 5, 
chapter 353, and for the administration of such estate a bond 
may be given to the judge without sureties, so that said section 



56 Chapter 47 [1955 

as amended shall read as follows: 13. Conditions. No per- 
son shall intermeddle with the estate of a person deceased, or 
act as administrator thereof, or be considered as having that 
trust, except as provided in the two following sections, until 
he has given bond to the judge, with sufficient sureties, in such 
reasonable sum as he shall approve, upon condition : 

I. To return to the judge a true and perfect inventory of 
the estate of the deceased, upon oath, within three months 
from the date of the bond. 

II. To administer the estate according to law, 

III. To render to the judge an account of administration, 
upon oath, within one year, and annually thereafter unless 
excused by the judge of probate as provided by law, until a final 
account is filed and allowed. 

IV. To pay all taxes for which he may be or become liable 
under chapters 87, 88, and 89. 

V. To pay and deliver the rest and residue of the estate 
which shall be found remaining upon the account of the admin- 
istrator to such person or persons respectively as the judge, 
by his decree, according to law, shall limit and appoint. 

VI. To deliver the letters of administration into the court 
of probate, in case a will of the deceased shall thereafter be 
approved and allowed. 

In the discretion of the judge of probate the requirements 
for sureties may be waived when the estate has a gross value 
of less than twenty-five hundred dollars exclusive of property 
specified in section 5, chapter 353, and for the administration 
of such estate a bond may be given to the judge without 
sureties. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 21, 1955.] 



1955] Chapters 48, 49 57 

CHAPTER 48. 

AN ACT RELATIVE TO FORFEITURE OF DEVICES USED FOR 
ILLEGAL NIGHT HUNTING. 

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

1. Prohibited Devices. Amend section 9 of chapter 241 of 
the Revised Laws as amended by chapter 74, Laws of 1945, 
(section 10, chapter 207, RSA) by adding to the last line after 
the word "violation" the words: Such articles, upon con- 
viction of a violation of illegal night hunting shall become the 
property of the fish and game department, and shall be sold at 
auction by the director within one year of the forfeiture, so 
that said section as amended shall read as follows: 9. Pro- 
hibited Devices. Tip-ups, set and trap lines, spears, grappling 
hooks, naked hooks, snatch hooks, eel wires, eel pots and nets, 
shall not be used in any fresh waters of the state to take fish, 
unless otherwise specifically permitted. No person shall have 
in his possession, while hunting or trapping any wild bird, or 
wild animal, including bear, any snare, jack or artificial light, 
swivel, pivet or set gun, except as otherwise permitted. Any 
person convicted of illegal night hunting shall forfeit such fire- 
arms, jacks or other equipment used or usable in the illegal 
night hunting at the time of such violation. Such articles, upon 
conviction of a violation of illegal night hunting shall become 
the property of the fish and game department, and shall be sold 
at auction by the director within one year of the forfeiture. 

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

[Approved March 21, 1955.] 



CHAPTER 49. 

AN ACT NAMING THE HENRI A. BURQUE DRIVE, 

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

1. Highway Named. The spur road to the Central New 
Hampshire Turnpike running from route 101 A to route 3 shall 



58 Chapter 50 [1955 

hereafter be known as the Henri A. Burque Drive. The com- 
missioner of public works and highways shall mark the above 
named highway with suitable markers. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 22, 1955.] 



CHAPTER 50. 



AN ACT PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A 
SPECIAL HEAD TAX FOR STATE PURPOSES. 

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

1. Special Head Tax. There is hereby levied and assessed 
in 1955 and 1956 for the use of the state a special head tax of 
five dollars upon each and every resident of the state, as defined 
herein, over twenty-one and under seventy years of age. 

2. Resident Defined. The word "resident" as used herein 
shall mean a person, whether a citizen or an alien, except 
paupers and insane persons, who has resided in this state for at 
least six months next preceding the date of each assessment 
of the head tax hereunder. 

3. Time of Payment. Said head tax shall be assessed upon 
April 1, 1955, and April 1, 1956, and payable upon demand on 
or after each of said dates. 

4. CoUection. The selectmen of towns and assessors of 
cities shall on or before June 1, 1955 and June 1, 1956, make a 
list of all head taxes by them assessed against residents of their 
respective towns and cities and commit the same together with 
a warrant under their hands and seals to the collector of taxes 
for such town or city directing said collector to collect such 
head taxes on or before December first next following and keep 
the same in a special account, and monthly, or oftener, pay the 
same over to the to"WTi or city treasurer as the same are 
collected. Upon receipt of the original head tax warrant in each 
year the collector shall forthwith certify to the state treasurer, 
upon a form prescribed and provided by the state treasurer, the 



1955] Chapter 50 59 

total amount thereof. Upon application by the assessors the tax 
commission for good cause may extend the time for such de- 
livery. 

5. Penalty. There shall be added to any special head tax 
not paid in full on or before December first following the assess- 
ment thereof the sum of fifty cents which shall be collected 
with the tax as incident thereto. 

6. Remedies for Collection. Said special head taxes may be 
collected by all of the means and methods provided in chapter 
80 of the Revised Laws and the provisions of sections 3 and 4 
of chapter 116 of the Revised Laws as amended shall apply to 
the special head tax assessed hereunder. 

7. Husband Liable. A husband shall be liable for the pay- 
ment of the special head tax assessed against his wife, if, when 
it was assessed, they were living together. 

8. Liability of Cities and Towns. Each town and city shall 
be liable to the state for all special head taxes lawfully assessed 
in such town or city. 

9. Payment to State. On or before the fifteenth day of the 
months of September, December, March and June, each town 
and city shall cause its tax collector to certify such information 
as the state treasurer shall require and the treasurer to pay 
over to the state treasurer all special head taxes and penalties 
collected during the preceding three months after first deduct- 
ing ten per cent of the head taxes collected. Such deduction shall 
be for the use of the town or city to off'set all expenses incurred 
in the assessment and collection of the special head taxes ; pro- 
vided however that in towns where the collector of taxes is paid 
on a part time or commission basis not less than thirty per cent 
of the sum so deducted shall be paid to said collector for his 
services in collecting said head taxes. If any town or city shall 
fail to make its payment when due the deduction of the ten per 
cent to be retained by it shall be reduced by one quarter of one 
per cent for each week or part thereof said payment is over- 
due. 

10. Final Payment. Each town and city shall cause its 
treasurer on the 15th day of June in the year following the 
assessment to pay to the state treasurer an amount equal to 
all uncollected head taxes for which the city or town is then 



60 Chapter 50 [1955 

liable less the ten per cent deduction provided that the total 
deduction retained from all payments to the state treasurer 
shall not exceed ten per cent of the total amount of the 
original warrant less the amount of all lawful abatements 
certified to the state treasurer. If the payment is not made as 
above provided the state treasurer shall withhold the amount 
of any head taxes and penalties due to the state for which the 
town or city may be liable, from any amounts payable by the 
state to the city or town failing to make the payments of head 
taxes as aforesaid. The state treasurer shall not pay to any 
city or town any amounts that may be due to it from the state 
until all payments of head taxes then due have been paid to 
him. 

11. Extents. The state treasurer shall also issue his extent 
for the amounts of all head taxes and penalties which have 
been collected and not remitted by any town or city as provided 
herein. 

12. Abatements. Selectmen and assessors may abate any 
special head tax assessed against persons not subject thereto 
as provided in sections 1 and 2 of this chapter and upon written 
application may abate such tax when it appears that the pay- 
ment thereof would impose an undue hardship upon the 
applicant or after all methods of collection provided by law have 
proved ineffective. They shall make a written record of all 
abatements made by them and certify the names, addresses and 
precise reasons for all abatements made because of undue 
hardship and inability to collect the same to the tax commis- 
sion for review. If, upon review, the tax commission decides 
that the abatement should not have been made it shall dis- 
allow the abatement and upon notice thereof the town shall 
pay to the state the amount of all abatements so disallowed. 

13. Supplementary Bond of Collector. Whenever the tax 
commission deems it necessary, a collector of taxes or town 
manager may be required to furnish a further and additional 
bond beyond that required by other provisions of law with 
sufficient sureties, in such form and amount as the commission 
may approve. The premiums shall be paid by the state. 

14. Supplies, Bills, and Postage. The tax commission shall 
provide each city and town, without charge, printed tax bills, 
envelopes, postage, or postal cards, and other supplies, to be 



1955] Chapter 50 61 

used in assessing and collecting such special head taxes and in 
keeping the necessary records relating thereto. It may re- 
imburse any city or town in which it seems more practicable 
and advisable for it to obtain its owti supplies, materials and 
postage, for the cost thereof provided that the purchase of such 
supplies, materials and postage by city or town has been previ- 
ously approved by the tax commission. The expenses incurred 
or reimbursements authorized by the tax commission here- 
under and for supplemental bonds required hereunder shall be 
a charge against the funds collected by the state under the 
provisions hereof. 

15. Exemptions. All persons on active duty in the armed 
forces of the United States of America on the date of assess- 
ment shall be exempt from payment of the special head tax. 
Veterans permanently and totally disabled from service con- 
nection who are drawing federal compensation or pension and 
whose income, exclusive of said compensation or pension, is 
less than one thousand dollars a year, upon written request filed 
on or before April fifteenth, shall be exempt from the special 
head tax. 

16. Disposition of Taxes. All funds received by the state 
treasurer under the provisions hereof, less costs of collection 
as provided in sections 9 and 14, shall be deposited in the 
general funds of the state. 

17. Payment of Poll or Head Taxes. Amend section 3-a of 
chapter 116 of the Revised Laws, as amended by striking out 
the same and inserting in place thereof the following : 3-a. 
Prohibition. No official or other person shall issue a permit to 
register a motor vehicle, or a permit to operate a motor vehicle, 
or a license to hunt, fish or trap, without first requiring the 
applicant to furnish to such issuing ofl^icer a tax collector's 
receipt for the payment of his poll and/or head tax for the 
preceding year or to furnish a statement that such taxes have 
been abated or that he is exempt from such payment. Any 
person who shall violate the provisions of this section shall be 
fined not more than fifty dollars. 

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

[Approved March 23, 1955.] 



62 Chapter 51 [1955 

CHAPTER 51. 

AN ACT RELATIVE TO BUILDING AND LOAN ASSOCIATIONS. 

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

1. Building and Loan Associations, Approval. Amend 
chapter 314 of the Revised Laws (chapter 393, RSA) by insert- 
ing after section 1 thereof the following new section: 1-a. 
Conditions. The bank commissioner may require as a condi- 
tion to approval of a corporation to be organized under this 
chapter that the incorporators shall purchase initially not less 
than ten thousand dollars fully paid shares of such corporation, 
that said incorporating shareholders shall expressly waive their 
withdrawal, retirement and repayment rights under sections 26 
through 30 of this chapter and stipulate in the records of such 
corporation that no withdrawal, retirement, redemption or re- 
payment, other than in liquidation of such corporation, shall be 
made and no direct payment in division of profits under section 
25 hereof shall be made to the holders of such shares so issued 
to said incorporating stockholders but all divisions of profits 
allocable to such shares shall be paid into the guaranty fund 
provided in section 22. Such condition shall appear on the face 
of the shares so initially issued to said incorporators. At such 
time that the guaranty fund of such corporation accrues suffici- 
ently so that withdrawal or retirement or repayment of all of 
such shares with all divisions of profits accrued to the credit 
thereof will not diminish the said guaranty fund below ten 
thousand dollars the commissioner may authorize removal of 
said conditions affecting such shares. 

2. Liquidation. Amend section 41 of chapter 314 of the 
Revised Laws (section 45, chapter 393, RSA) by adding at the 
end thereof the following paragraph: I. Notwithstanding 
the foregoing provisions of this section, if the commissioner 
has required shares initially issued to the incorporators to be 
issued under the conditions set forth in section 1-a of this 
chapter, such shares issued to such incorporators shall not 
receive any proportionate distribution in liquidation of the 
corporation unless and until each holder of shares of the corpo- 
ration not so restricted shall have received the full amount 
paid in by him, together with an equitable proportion of the 
profits pertaining to his shares. 



1955] Chapter 52 63 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March 26, 1955.] 



CHAPTER 52. 



AN ACT TO REGULATE THE SALE AND DISTRIBUTION OF MIXED 
FERTILIZERS AND FERTILIZER MATERIAL IN THE STATE. 

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

1. New Chapter. Amend chapter 228 of the Revised Laws 
(chapter 439, RSA) by striking out said chapter and insert- 
ing in place thereof the following new chapter : 

Chapter 228 
Sale and Distribution of Fertilizers 

1. Title. This chapter shall be known as the New Hamp- 
shire Fertilizer Law of 1955. 

2. Administration. This chapter shall be administered by 
the commissioner of agriculture, hereinafter referred to as the 
commissioner. 

3. Definitions. When used in this chapter the following 
words and phrases shall be construed as follows : 

(a) The term "fertilizer material" means any substance 
containing nitrogen, phosphoric acid, potash, or any recognized 
plant food element or compound, which is used primarily for 
its plant food content or for compounding mixed fertilizers 
except unmanipulated animal and vegetable manures. 

(b) The term "mixed fertilizer" means any combination 
or mixture of fertilizer materials designed for use or claimed 
to have value in promoting plant growth. 

(c) The term "commercial fertilizer" includes mixed 
fertilizer and/or fertilizer materials. 

(d) The term "speciality fertilizer" means any fertilizer 
distributed primarily for use on crops grown for non-com- 
mercial purposes such as home gardens and lawns, and may 
include fertilizers used for research or experimental purposes. 



64 Chapter 52 [1955 

(e) The term "bulk fertilizer" shall mean commercial 
fertilizer delivered to the purchaser in the solid or liquid state, 
in a non-packaged form to which a label cannot be attached. 

(f ) The term "brand" means a term design or trade mark 
used in connection with one or several grades of fertilizer. 

(g) The term "grade" means the minimum percentage of 
total nitrogen, available phosphoric acid and soluble potash 
stated in the order given in this definition and, when applied 
to mixed fertilizers, shall be in whole numbers only. By per- 
mission of the commissioner, a fourth plant food element may 
be expressed in the grade and shall mean magnesium oxide. 

(h) The term "official sample" means any sample of com- 
mercial fertilizer taken by the commissioner or his agent. 

(i) The term "ton" means a net weight of two thousand 
pounds avoirdupois. 

(j) The term "per cent" or "percentage" means the per- 
centage by weight. 

(k) The term "person" includes individual, partnership, 
association, firm and corporation. 

(1) The term "distributor" means any person who offers 
for sale, sells, barters, or otherwise supplies commercial fertil- 
izers. 

(m) The term "sell" or "sale" includes exchange. 

(n) A "unit" of plant food in fertilizer is twenty pounds 
(one per cent of a ton) . 

4. Registration, (a) Each brand and grade of commercial 
fertilizer shall be registered before being offered for sale, sold 
or distributed in this state. The application for registration 
shall be submitted to the commissioner on forms furnished by 
the commissioner, and shall be accompanied by a fee, per 
brand, as follows: ten dollars for the phosphoric acid, ten 
dollars for the nitrogen, ten dollars for the potash, and ten 
dollars for the magnesium oxide, or other plant food elements, 
compounds or classes of compounds ; contained or claimed to be 
in the said brand of fertilizer; but the fee for any brand shall 
not exceed twenty-five dollars. All registrations expire on or 
before January 1, annually. The application shall include the 
following information in the following order: (1) The name 
and address of the person guaranteeing the fertilizer. (2) The 
brand and grade. (3) The guaranteed analysis showing the 



1955] Chapter 52 65 

minimum percentage of plant food claimed in the following 
order and form: Total nitrogen .... per cent; available 
phosphoric acid .... per cent; soluble potash .... per 
cent. Unacidulated mineral phosphatic materials and basic 
slag shall be guaranteed as to both total and available phos- 
phoric acid, and the degree of fineness. In the case of bone, 
tankage, and other natural organic phosphate materials, only 
the total phosphoric acid, need be guaranteed. Additional plant 
food elements, determinable by chemical methods, may be 
guaranteed only by permission of the commissioner by and 
with the advice of the director of the agriculture experiment 
station. When any such additional plant foods are claimed, they 
shall be included in the guarantee, and shall be subject to in- 
spection and analysis in accordance with the methods and 
regulations that may be prescribed by commissioner. 

(b) A distributor shall not be required to register any 
brand of commercial fertilizer which is already registered 
hereunder by another person. 

(c) The plant food content of each and every brand of 
commercial fertilizer must remain uniform for the period of 
registration. 

5. Labeling, (a) Any commercial fertilizer offered for 
sale or sold or distributed in this state in bags, barrels, or other 
containers shall have placed on or affixed to the container in 
written or printed form the net weight and the information 
required (1), (2) and (3) of paragraph (a) of section 4 either 
(1) on tags affixed to the end of the package between the ears 
and/or on the sewed end or (2) directly on the package, (b) 
If distributed in bulk, a written or printed statement of the 
weight and the information required by (1), (2) and (3) of 
paragraph (a) of section 4, shall accompany delivery and be 
supplied to the purchaser. 

6. Inspection, Sampling, Analysis, (a) It shall be the 
duty of the commissioner, who may act through his authorized 
agent, to sample, inspect, make analyses of, and test com- 
mercial fertilizers distributed within this state at time and 
place and to such an extent as he may deem necessary to de- 
termine whether such commercial fertilizers are in compliance 
with the provisions hereof. The commissioner, individually or 
through his agent, is authorized to enter upon any public or 



66 Chapter 52 [1955 

private premises during regular business hours in order to 
have access to commercial fertilizers subject to the provisions 
hereof and the rules and regulations pertaining thereto, (b) 
The methods of analysis and sampHng shall be those adopted 
by the commissioner from sources such as those of the asso- 
ciation of official agricultural chemists, (c) The commissioner, 
in determining for administrative purposes whether any com- 
mercial fertilizer is deficient in plant food, shall be guided solely 
by the official sample obtained and analyzed as provided for 
in the preceding paragraphs, (d) The results of official analysis 
of any commercial fertilizer which has been found to be subject 
to penalty or other legal action shall be forwarded by the com- 
missioner to the registrant at least ten days before the report 
is submitted to the purchaser. If during that period no ade- 
quate evidence to the contrary is made available to the com- 
missioner, the report shall become official. Upon request the 
commissioner shall furnish to the registrant a portion of any 
sample found subject to penalty or other legal action. 

7. Plant Food Deficiency, (a) If the analysis shall show 
that any commercial fertilizer falls short of the guaranteed 
analysis in any one ingredient, penalty shall be assessed in 
accordance with the following provisions: (1) Total Nitro- 
gen: A penalty of three times the value of the deficiency if 
such deficiency is in excess of 0.20 of one per cent on goods 
that are guaranteed 2 per cent; 0.25 of one per cent on goods 
that are guaranteed 3 per cent; 0.35 of one per cent on goods 
that are guaranteed 4 per cent; 0.40 of one per cent on goods 
that are guaranteed 5 per cent up to and including 8 per cent ; 
0.50 of one per cent on goods guaranteed above 8 per cent up 
to and including 30 per cent ; and 0.75 of one per cent on goods 
guaranteed over 30 per cent. (2) Available Phosphoric Acid : 
A penalty of three times the value of the deficiency, if such 
deficiency exceeds 0.40 of one per cent on goods that are 
guaranteed up to and including 10 per cent; 0.50 of one per 
cent on goods that are guaranteed above 10 per cent up to 
and including 25 per cent; and 0.75 of one per cent on goods 
guaranteed over 25 per cent. (3) Soluble Potash: A penalty 
of three times the value of the deficiency, if such deficiency is 
in excess of 0.20 of one per cent on goods that are guaranteed 

2 per cent; 0.30 of one per cent on goods that are guaranteed 

3 per cent; 0.40 of one per cent on goods guaranteed 4 per cent; 



1955] Chapter 52 67 

0.50 of one per cent on goods guaranteed above 4 per cent up 
to and including 8 per cent; 0.60 of one per cent on goods 
guaranteed above 8 per cent up to and including 20 per cent; 
and 1.00 per cent on goods guaranteed over 20 per cent. (4) 
Deficiencies in any other constituent or constituents covered 
under paragraph (a), section 4, which the registrant is re- 
quired to or may guarantee shall be evaluated by the commis- 
sioner and penalties therefor shall be prescribed by the com- 
missioner, (b) Nothing contained in this section shall pre- 
vent any person from appealing to a court of competent 
jurisdiction praying for judgment as to the justification of 
such penalties, (c) When a penalty has been evaluated 
and prescribed by the commissioner as hereinbefore pro- 
vided he shall give written notification to the manufacturer 
or registrant of such determination. The manufacturer or 
registrant shall, within three months from the date of such 
notification, pay to the commissioner the amount of the 
penalties described. All sums received by the commissioner 
hereunder shall be paid by him to the state treasurer and 
shall be credited to the general funds of the state, (d) Any 
purchaser of one ton or more of fertilizer which has been 
sampled and found deficient hereunder shall be reimbursed 
for such purchase to the extent of the deficiency as de- 
termined by commissioner and all payments made to such 
purchaser shall be a charge on the general funds of the state, 
(e) After a distributor has been notified by the commissioner 
or his authorized agent, that certain fertilizer brands and 
grades have been sampled, and that the fertilizer may analyze 
deficient, thereafter the dealer, agent or distributor shall keep 
an accurate account of the name and post ofRce address of each 
purchaser who purchases one ton or more of the brands or 
grades that have been sampled, (f) Any purchaser of one 
ton or more of fertilizer who is entitled to reimbursement as 
hereinbefore provided but whose name and purchase has not 
been reported to the commissioner as provided in (e) above 
may submit to the commissioner a receipt for such purchase, 
and if the commissioner shall find upon investigation that such 
purchase was made, reimbursement shall be made. 

8. Seizure of Fertilizers When Assessments Not Paid. The 

commissioner may seize any commercial fertilizer belonging to 
such manufacturer, dealer or agent, if the assessment be not 



68 Chapter 52 [1955 

paid within three months after such notice to such manu- 
facturer, dealer or agent has been given by the commissioner, 
and the registration for such products may be cancelled. 

9. Commercial Value to be Basis of Assessment. The above 
mentioned assessments shall be based on the commercial value 
of such commercial fertilizer; provided however, that in no 
case shall the penalty provided for, exceed the commercial value 
of the goods. 

10. Commercial Value. For the purpose of determining 
the commercial values to be applied under the provisions of 
section 7, the commissioner shall determine and publish 
annually the values per pound of nitrogen, phosphoric acid, and 
potash in commercial fertilizers in this state. The values so 
determined and published shall be used in determining and 
assessing penalties. 

11. Minimum Plant Food Contract. No superphosphate 
containing less than eighteen per cent available phosphoric 
acid nor any mixed fertilizer in which the sum of the guaran- 
tees for the nitrogen, available phosphoric acid, and soluble 
potash totals less than twenty per cent shall be distributed in 
this state except for complete fertilizers containing twenty-five 
per cent or more of their nitrogen in water-insoluble form of 
plant or animal origin, in which case the total nitrogen, avail- 
able phosphoric acid, and soluble potash shall not total less 
than sixteen per cent; provided, however, that the natural 
animal manures and bird manures shall be excepted from the 
provisions of this section. The commissioner is authorized to 
lower the minimum plant food content after a public hearing 
due to a national emergency and/or unavailability of fertilizer 
materials. 

12. False or Misleading Statements. A commercial fertili- 
zer is misbranded if it carries any false or misleading state- 
ment upon or attached to the container, or if false or mislead- 
ing statements concerning its agricultural value are made on 
the container or in any advertising matter accompanying or 
associated with the commercial fertilizer. It shall be unlawful 
to distribute a misbranded commercial fertilizer. 

13. Statements Required. Each person registering com- 
mercial fertilizers hereunder shall furnish the commissioner 



1955] Chapter 52 69 

with a confidential written statement of the tonnage of each 
grade of commercial fertilizer sold by him in this state. Said 
statement shall include all sales for the periods of July first to 
and including December thirty-first and of January first to and 
including June thirtieth of each year. The commissioner may, 
in his discretion, cancel the registration of any person failing 
to comply with this section if the above statement is not made 
within thirty days from date of the close of each period. The 
commissioner, however, in his discretion, may grant a reason- 
able extension of time. No information furnished under this 
section shall be disclosed in such a way as to divulge the oper- 
ation of any person. 

14. Publications. The commissioner shall publish at least 
annually, in such forms as he may deem proper, information 
concerning the sales of commercial fertilizers, together with 
such data on their production and use as he may consider 
advisable, and a report of the results of the analysis based on 
official samples of commercial fertilizers sold within the state 
as compared with the analyses guaranteed under sections 4 
and 5 ; provided, however, that the information concerning pro- 
duction and use of commercial fertilizers shall be shown 
separately for the periods July first to December thirty-first 
and January first to June thirtieth of each year, and that no 
disclosure shall be made of the operations of any person. 

15. Rules and Regulations. For the enforcement hereof 
the commissioner is authorized to prescribe and, after public 
hearing following due public notice, to enforce such rules and 
regulations relating to the distribution of commercial fertili- 
zers as he may find necessary to carry into effect the full in- 
tent and meaning hereof. 

16. Short Weight. If any commercial fertilizer in the 
possession of the consumer is found by the commissioner to be 
short in weight, the registrant of said commercial fertilizer 
shall within thirty days after official notice from the com- 
missioner pay to the consumer a penalty equal to four times 
the value of the actual shortage. 

17. Cancellation of Registrations. The commissioner is 
authorized and empowered to cancel the registration of any 
brand of commercial fertilizer or to refuse to register any 
brand of commercial fertilizer as herein provided, upon satis- 



70 Chapter 52 [1955 

factory evidence that the registrant has used fraudulent or 
deceptive practices in the evasions or attempted evasions of the 
provisions hereof or any rules and regulations promulgated 
hereunder ; provided that no regulation shall be revoked or re- 
fused until the registrant shall have been given the opportunity 
to appear for a hearing by the commissioner. 

18. "Stop Sale^' Orders. The commissioner may issue and 
enforce a written or printed "stop sale, use, or removal" order 
to the owner or custodian of any lot of commercial fertilizer 
and to hold at a designated place when the commissioner finds 
said commercial fertilizer is being offered or exposed for sale 
in violation of any of the provisions hereof until the law has 
been complied with and said commercial fertilizer is released 
in writing by the commissioner or said violation has been 
otherwise legally disposed of by written authority. The com- 
missioner shall release the commercial fertilizer so withdrawn 
when the requirements of the provisions hereof have been 
compiled with and all costs and expenses incurred in connection 
with the withdrawal have been paid. 

19. Seizure, Condemnation, and Sale. Any lot of com- 
mercial fertilizer not in compliance with the provisions hereof 
shall be subject to seizure on complaint of the commisisoner to 
a court of competent jurisdiction in the area in which said 
commercial fertilizer is located. In the event the court finds 
the said commercial fertilizer to be in violation hereof and 
orders the condemnation of said commercial fertilizer, it shall 
be disposed of in any manner consistent with the quality of the 
commercial fertilizer and the laws of the state ; provided, that 
in no instance shall the disposition of said commercial fertilizer 
be ordered by the court without first giving the claimant an 
opportunity to apply to the court for release of said commercial 
fertilizer or for permission to process or re-label said com- 
mercial fertilizer to bring it into compliance herewith. 

20. Violations, (a) Any person convicted of violating any 
of the provisions of this chapter or the rules and regulations 
issued thereunder shall be fined fifty dollars for the first offense 
and one hundred dollars for each subsequent offense, (b) 
Nothing herein shall be construed as requiring the commis- 
sioner or his representative to report for prosecution or for 
the institution of seizure proceedings as a result of minor 



1955] Chapter 53 71 

violations hereof when he believes that the public interests will 
be best served by a suitable notice of warning in writing, (c) 
It shall be the duty of each county solicitor to whom any 
violation is reported to cause appropriate proceedings to be in- 
stituted and prosecuted in a court of competent jurisdiction 
without delay, (d) The commissioner is hereby authorized to 
apply for and the court to grant a temporary or permanent in- 
junction restraining any person from violating or continuing 
to violate any of the provisions hereof or any rule or regulation 
promulgated hereunder notwithstanding the existence of other 
remedies at law. Said injunction to be issued without bond. 

21. Exchanges Between Manufacturers. Nothing herein 
shall be construed to restrict or avoid sales or exchanges of 
commercial fertilizers to each other by importers, manufactur- 
ers, or manipulators who mix fertilizer materials for sale or 
as preventing the free and unrestricted shipments of com- 
mercial fertilizers to manufacturers or manipulators who have 
registered their brands as required by the provisions hereof. 

2. Takes Effect. This act shall take effect as of January 1, 
1956. 
[Approved March 26, 1955.] 



CHAPTER 53. 



AN ACT RELATIVE TO MANNER OF DRIVING MOTOR VEHICLES, 
HAND SIGNALS. 

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

1. Motor Vehicles, Signals. Amend section 18-b of chapter 
119 of the Revised Laws as inserted by section 1 of chapter 
232, Laws of 1949 (section 35, chapter 263, RSA) by striking 
out said section and inserting in place thereof the following 
new section: 18-b. Signals by Hand and Arm or Signal 
Device. Any stop or turn signal when required herein shall 
be given either by means of the hand and arm or by a signal 
lamp or lamps or mechanical signal device of a type approved 
by the commissioner, but when a vehicle is so constructed or 
loaded that it is more than twenty-four inches from the top of 



72 Chapter 54 [1955 

the steering post to the outside Hmit of the left vehicle body, 
cab or load then said signals must be given by such a lamp or 
lamps or signal device. 

2. Takes Effect. This act shall take effect thirty days after 
its passage. 
[Approved March 26, 1955.] 



CHAPTER 54. 



AN ACT RELATING TO THE SANDWICH NOTCH AND DALE ROAD 
IN THE TOWNS OF SANDWICH AND THORNTON. 

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

1. Change in Classification. The Sandwich Notch and Dale 
road in the towns of Sandwich and Thornton shall hereafter be 
classified as a class V highway. 

2. Maintenance. A sum not exceeding one hundred fifty 
dollars per mile shall be annually expended by the state for the 
repair of the Sandwich Notch and Dale road in the towns of 
Sandwich and Thornton provided that the towns of Sandwich 
and Thornton shall each expend the sum of one hundred dollars 
in their own town for each mile the state shall expend the 
aforesaid one hundred fifty dollars. The sums provided herein 
shall be expended under the direction of the commissioner of 
public works and highways and the appropriation hereunder 
to be expended by the state shall be a charge on the highway 
funds. 

3. Application of Laws. The provisions of part 13, chapter 
90, as inserted by Laws of 1951, chapter 83, and amended by 
Laws of 1953, chapter 30, shall not apply to the said Sandwich 
Notch and Dale road. 

4. Repeal. Chapter 205 of the Laws of 1925, relative to 
said road, is hereby repealed. 

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

[Approved March 26, 1955.] 



1955] Chapters 55, 56 73 

CHAPTER 55. 

AN ACT RELATIVE TO THE MILITARY RANK OF THE 
ADJUTANT-GENERAL. 

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

1. Adjutant General. Amend section 21 of chapter 143 of 
the Revised Laws as amended by section 1, chapter 175, Laws 
of 1949, and by section 1, chapter 103, Laws of 1951, (section 
21, chapter 110, RSA) by striking out the words "five years' " 
and inserting in place thereof the words, two years', 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 two 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- 
ofRcers of the United States air forces, army, navy, or marine 
corps, or of the national guard, or of the various officers' re- 
serve corps, or from civil life. 

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

[Approved March 26, 1955.] 



CHAPTER 56. 



AN ACT TO SECURE THE RIGHTS OF MORTGAGEES IN 
HIGHWAY LAND DAMAGE CASES. 

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

1. Definition. Amend section 3, part 4, chapter 90, Revised 
Laws as inserted by chapter 188, Laws of 1945 (section 3, 
chapter 233, RSA) by striking out said section and inserting in 
place thereof the following: 3. Owners. Owners shall in- 
clude tenants for life or years, remaindermen, reversioners, or 



74 Chapteb 57 [1955 

holders of undischarged mortgages of record whose mortgages 
are dated not earUer than twenty years prior to date of fihng 
such petition. 

2. Repeal of 1954 Amendment on Notices. Amend section 
5, part 4, chapter 90, Revised Laws, as inserted by chapter 188, 
Laws of 1945 and as amended by section 2, chapter 1, Laws of 
1954, (section 5, chapter 233, RSA) by striking out said section 
and inserting in place thereof the following: 5. Notice of 
Hearing. The governor, with the advice of the council, or the 
commission appointed by the governor with, advice of the coun- 
cil, at least fourteen days previous to hearing, shall cause 
notice in writing of the time and place of hearing appointed by 
them, together with a description of the proposed location, to 
be given to each owner of land or other property over which 
such highway may pass, and to the clerk of any city or town in 
which such highway or alteration may be laid out. 

3. Further Definition. Amend section 3, part 5, of said 
chapter 90, (section 3, chapter 234, RSA) by striking out said 
section and inserting in place thereof the following: 3. 
Owners. Owners shall include tenants for life or years, re- 
maindermen, reversioners, or holders of undischarged mort- 
gages of record whose mortgages are dated not earlier than 
twenty years prior to date of filing such petition. 

4. Takes Effect. This act shall take effect upon its pas- 
sage but shall not apply to petitions for the layout or alter- 
ation of highways filed prior to such date of passage. 
[Approved March 26, 1955.] 



CHAPTER 57. 

AN ACT RELATIVE TO THE FEE FOR SEALING AND STAMPING 
BEAVER SKINS. 

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

1. Beaver Skins. Amend section 9, chapter 244, Revised 
Laws, (section 8, chapter 210, RSA) by striking out said section 
and inserting in place thereof the following: 9. Stamping; 
Sale of Skins. Whenever a person shall lawfully take beaver 



1955] Chapter 58 75 

during the open season as provided in sections 6 and 8 he shall 
present the skin of such beaver, within ten days from the 
closing of said open season, to a conservation officer who shall 
stamp or seal the same upon receipt of a fee of seventy-five 
cents, Beaver skins lawfully taken, stamped or sealed may be 
bought and sold. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved March ,30, 1955.] 



CHAPTER 58. 

AN ACT RELATIVE TO AIRPORT ZONING. 

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

1. Airport Zoning. Amend paragraphs I and II of section 
78 of chapter 51 of the Revised Laws (section 1, chapter 424, 
RSA) by striking out said paragraphs and inserting in place 
thereof the following : 

I. "Airport" means any area of land or water, whether 
constructed or not, which has been approved by the director as 
a site for the landing and taking off of aircraft or utilized or 
to be utilized by the public as a point of arrival or departure 
by air. 

II. "Airport hazard" means any structure, tree, smoke, 
steam, dust or other substance which obstructs the aerial 
approaches of a publicly owned airport or impairs the reason- 
able visibility in the vicinity thereof, electrical impulses and 
disturbances which interfere with radio aids or communications 
and lights which might result in glare in the vision of pilots 
of aircraft or be confused with airport lights. 

2. Regulations. Amend paragraph I of section 81, chapter 
51, Revised Laws (section 5, chapter 424, RSA) by striking out 
said paragraph and inserting in place thereof the following: 
I. Every town having within its territorial limits an airport 
or an area approved as an airport site by the director, shall 
adopt, administer and enforce, under the police power and in 
the manner and upon the conditions hereinafter prescribed, 



76 Chapter 59 [1955 

airport zoning regulations applicable to such area which regu- 
lations shall divide the area into zones, and, within such zones, 
specify the land uses permitted, regulate and restrict the 
height to which structures or trees may be erected or allowed 
to grow, and regulate and restrict the creation and discharge 
of smoke, steam, dust or other obstructions to visibility, 
electrical impulses and disturbances which interfere with radio 
aids or communication and regulate and restrict lighting as 
may be necessary to effectuate the safe approach to the air- 
port. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 1, 1955.] 



CHAPTER 59. 



AN ACT INCREASING THE FEE FOR REGISTRATION OF TRADE 
NAMES AND PARTNERSHIPS. 

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

1. Registration of Partnership; Trade Names. Amend 
section 5 of chapter 186, Revised Laws, as amended by section 
10, chapter 265, Laws of 1949 (section 6, chapter 349, RSA) 
by striking out the word "two" in the third line and inserting 
in place thereof the word, ten, so that said section as amended 
shall read as follows: 5. Record; Fees; Blanks. The secre- 
tary of state shall keep a suitable file or record of such certifi- 
cates, and the filing fee for each certificate shall be ten dollars. 
He shall prepare blanks for such certificates, and shall, on re- 
quest, furnish such blanks to persons, partnerships or asso- 
ciations subject to the provisions of this subdivision. 

2. Secretary of State. Amend chapter 186 of the Revised 
Laws (chapter 349, RSA) by inserting after section 5 the 
following new section: 5-a. Re-registration. After the ex- 
piration of ten years from the registration hereunder the secre- 
tary of state shall notify the registrant that in order to main- 
tain the use of the trade name the same must be re-registered. 
The fee for such re-registration shall be one dollar, each. 

3. Takes Effect. This act shall take effect July 1, 1955. 
[Approved April 1, 1955.] 



1955] Chapters 60, 61 77 

CHAPTER 60. 

AN ACT RELATING TO WRITS AND THEIR ENDORSEMENT. 

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

1. Form. Amend section 2 of chapter 386 of the Revised 
Laws (section 2, chapter 509, RSA) by striking out said section 
and inserting in place thereof the following: 2. Form. 
Writs and processes, issuing returnable to any court shall be 
in the name of the state of New Hampshire, shall be under the 
seal of the court, shall bear teste of the chief, first, senior or 
other justice of the court who is not a party, and shall be 
signed or imprinted by a facsimile of the signature of the clerk ; 
if in the superior court they shall be signed or imprinted by a 
facsimile of the signature of the clerk thereof for any county, 
provided however, executions in civil actions, and all criminal 
processes, shall be signed by the clerk. 

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

[Approved April 1, 1955.] 



CHAPTER 61. 



AN ACT RELATIVE TO THE CARE AND CUSTODY OF FEMALES 
TRANSFERRED TO THE CUSTODY OF THE STATE PRISON. 

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

1. State Prison. Amend section 34 of chapter 464 of the 
Revised Laws, as amended by section 1, chapter 38, Laws of 
1955 (section 33, chapter 622, RSA) by striking out said section 
and inserting in place thereof the following: 34. Contracts 
Authorized. The trustees of the state prison are authorized 
to contract with the county commissioners of any county hav- 
ing prison facilities in which female convicts are kept separate 
or apart from male convicts, or with the authorities of other 
states having penal institutions in which female convicts are 
kept separate or apart from male convicts, for the care, 
custody, maintenance and confinement in such county prison 



78 Chapter 62 [1955 

facilities or out-of-state penal institutions of females convicted 
under the laws of this state of offenses punishable by imprison- 
ment in the state prison, or who may have been transferred to 
the custody of the state prison as otherwise provided by law. 
Such contracts shall be approved by governor and council. 

2. Females. Amend section 35 of chapter 464 of the Re- 
vised Laws (section 34, chapter 622, RSA) by inserting after 
the word "prison" in the second line the words, or transferred 
to the custody thereof, so that said section as amended shall 
read as follows : 35. Transfer of Prisoners. After making a 
contract authorized by the preceding section any female 
sentenced to imprisonment in the state prison, or transferred 
to the custody thereof, including those who may at the date of 
such contract be confined therein may, upon direction of said 
trustees, be conveyed to the institution named in such contract 
by the warden of the state prison or his assistant, there to be 
confined until her sentence shall have expired or she shall have 
been discharged by law, or until she shall have been returned 
to the state prison or delivered to some other penal institution 
under a contract authorized by this subdivision. 

3. Expense. Further amend said chapter 464 by inserting 
after section 35 a new section as follows : 35-a. Expenses of 
Confinement. The expenses of confinement of any such female 
transferred to the custody of the state prison shall be paid by 
the institution making the transfer. 

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

[Approved April 1, 1955.] 



CHAPTER 62. 

AN ACT RELATIVE TO ILLEGAL NIGHT HUNTING. 

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

1. Possession of Jacks. Amend section 6 of chapter 242 of 
the Revised Laws as amended by chapter 161, Laws of 1947, 
and by chapter 119, Laws of 1951 (section 8, chapter 208, RSA) 
by striking out the words "including any vehicle in which the 



1955] Chapter 62 79 

same is being transported," in the eighth and ninth lines; 
further amend by striking out the word "sufficient" in the 
fifteenth line and inserting in place thereof the words, prima 
facie, so that said section as amended shall read as follows : 6. 
Possession of Jacks, etc. No person shall have in his possession 
any jack or artificial light, swivel, pivot, or set gun while hunt- 
ing wild birds or wild animals, including unprotected birds and 
wild animals on which a bounty may be paid. Any person con- 
victed of illegal night hunting shall forfeit such firearms, jacks, 
or any other equipment used or usable in the illegal night hunt- 
ing at the time of such violation. 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 
a 22 cal. rimfire or shotgun with shot larger than No. 4, either 
in the gun, on the person, or in an automobile, boat, airplane or 
other craft propelled by mechanical power, shall be prima facie 
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. Licenses. Amend section 11 of chapter 247 of the Re- 
vised Laws, as amended by section 3, chapter 171, Laws of 1951, 
(section 19, chapter 214, RSA) by inserting after the word 
"thereof" in the eighth line the words, except for a conviction 
tinder section 6 of chapter 242, as amended, in which case the 
revocation may be for a period not to exceed five years, 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, except for a conviction under section 6 of chapter 
242, as amended, in which case the revocation may be for a 
period not to exceed five years. 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 fiirst 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. 



80 Chapter 63 [1955 

3. Game Animals, Penalties. Amend section 19 of chapter 
242 of the Revised Laws, as amended by chapter 279 of the 
Laws of 1949 (section 21, chapter 208, RSA) by striking out 
said section and inserting in place thereof the following: 19. 
Penalties. A person who violates a provision of section 1 or 
section 5 hereof shall be fined not more than three hundred 
dollars or imprisoned for not more than thirty days, or both; 
a person who violates a provision of section 6, hereof, shall be 
fined not more than five hundred dollars or imprisoned for not 
more than thirty days, or both; a person who violates the re- 
maining provisions of this chapter shall be fined as follows: 
for each violation of sections 3, 4, 4-a, 7 to 16-c, inclusive, not 
more than one hundred dollars, for each violation of sections 17 
and 18, not more than ten dollars and not more than five dollars 
additional for each rabbit, hare, or gray squirrel taken, or 
possessed, contrary to the provisions thereof. 

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

[Approved April 1, 1955.] 



CHAPTER 63. 



AN ACT RELATING TO THE RETURN OF WRITS IN THE 
SUPERIOR COURT. 

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

1. Return of Writ. Amend section 1 of chapter 387 of the 
Revised Laws, as amended by section 2 of chapter 121, Laws of 
1947, (section 1, chapter 510, RSA) by adding at the end there- 
of the words, and shall be returnable to the superior court for 
Rockingham County at Exeter; Strafford County at Dover; 
Belknap County at Laconia ; Carroll County at Ossipee ; Merri- 
mack County at Concord; Hillsborough County at Nashua; 
Cheshire County at Keene ; Sullivan County at Newport ; Graf- 
ton County at Woodsville in the town of Haverhill; and Coos 
County at Lancaster, so that said section as amended shall 
read as follows: 1. Time, Where Returnable. All original 
writs and writs of mesne process shall be served fourteen days 
before the return day to which they are returnable, and shall 



1955] Chapter 63 81 

be returnable to the superior court for Rockingham County at 
Exeter; Strafford County at Dover; Belknap County at 
Laconia; Carroll County at Ossipee; Merrimack County at 
Concord; Hillsborough County at Nashua; Cheshire County at 
Keene ; Sullivan County at Newport ; Grafton County at Woods- 
ville in the town of Haverhill ; and Coos County at Lancaster, 

2. Attachment Form Changed. Amend section 15 of chap- 
ter 386 of the Revised Laws (section 15, chapter 509, RSA) by 
striking out the words "to be holden" in the fifth and sixth 
lines, so that said section as amended shall read as follows: 

15. Attachment. 

THE STATE OF NEW HAMPSHIRE 

ss. To the sheriff of any county or his deputy : 

(L.S.) We command you to attach the goods or estate 

of , of , in said county of , to the 

value of dollars, and summon him, if to be found in 

your precinct, to appear at the superior court at , 

in said county, on the Tuesday of , to answer 

to , of , in said county of , in a plea 

of , to the damage of the plaintiff , as he say , . , 

the sum of ... . dollars, and make return of this writ, with your 
doings therein. 

Witness, , Esquire, the .... day of .... , .... 

Clerk. 

3. Capias and Attachment Form Changed. Amend section 
16 of chapter 386 of the Revised Laws (section 16, chapter 509, 
RSA) by striking out the words "to be holden" in the sixth 
line, so that said section as amended shall read as follows : 

16. Capias and Attachment. 

THE STATE OF NEW HAMPSHIRE 

ss. To the sheriff of any county or his deputy : 

(L.S.) We command you to arrest the body of , of , 

in said county of , or to attach his goods or estate to the 

value of dollars, and summon him, if to be found in your 

precinct, to appear at the superior court at , in said 

county, on the , Tuesday of , to answer to , 

of , in said county of , in a plea of to the 

damage of the plaintiff . . , as he say . . , the sum of 



82 Chapter 63 [1955 

dollars, and make return of this writ, with your doings therein. 

Witness, , Esquire, the day of , .... 

Clerk. 

4. Summons Form Changed. Amend section 17 of chapter 
386 of the Revised Laws (section 17, chapter 509, RSA) by 
striking out the words "to be holden" in the fourth and fifth 
lines, so that said section as amended shall read as follows : 

17. Summons. 

THE STATE OF NEW HAMPSHIRE 

ss. To the sheriff of any county or his deputy : 

(L.S.) We command you to summon , of , in said 

county of , if to be found in your precinct, to appear at 

the superior court at , in said county, on the .... Tues- 
day of , to answer to , of , in said county 

of , in a plea of , to the damage of the plain- 
tiff. ., as he say . ., the sum of dollars, and make re- 
turn of this writ, with your doings therein. 

Witness , Esquire, the day of , .... 

Clerk. 

5. Trustee Process Form Changed. Amend section 18 of 
chapter 386 of the Revised Laws (section 18, chapter 509, RSA) 
by striking out the words "to be holden" in the fifth and sixth 
lines, so that said section as amended shall read as follows: 

18. Trustee Process. 

THE STATE OF NEW HAMPSHIRE 

ss. To the sheriff of any county or his deputy : 

(L.S.) We command you to attach the goods or estate of , 

of , in said county of , to the value of 

dollars, and summon him, if to be found in your precinct, to 

appear at the superior court at , in said county, on the 

Tuesday of , to answer to , of , in 

said county of , in a plea of , to the damage of 

the plaintiff . . , as he say . . , the sum of dollars. We also 

command you to attach the money, goods, chattels, rights and 

credits of the said , in the hands of , of , in 

said county of , to the value of dollars, and 

summon said , if to be found in your precinct, to appear 

at said court and show cause, if any he has, why execution 
should not issue against him for the judgment which may be 



1955] Chapter 63 83 

recovered by said , against said , and make 

return of this writ, with your doings therein. 

Witness , Esquire, the day of , .... 

Clerk. 

6. Replevin Form Changed. Amend section 19 of chapter 
386 of the Revised Laws (section 19, chapter 509, RSA) by 
striking out the words "to be holden" in the seventh line, so 
that said section as amended shall read as follows : 

10. Replevin. 

THE STATE OF NEW HAMPSHIRE 

ss. To the sheriff of any county or his deputy : 

(L.S.) We command you to replevy , belonging to , 

of , in said county of , wrongfully taken and de- 
tained, as it is said, by , of , in said county of , 

and deliver the same to said , provided he give bond in 

the sum of dollars, with sufficient sureties, to prosecute 

his replevin at the superior court at , in said county, on 

the Tuesday of , and so from court to court until 

the cause be ended, and to pay such costs and damages as the 

said may recover against him ; and we also command 

you to summon the said , if to be found in your precinct, 

to appear at said court, and answer to said in a plea 

of replevin, etc., .... to the damage of the said , as he 

says, the sum of .... dollars, and make return of this writ, 
with your doings therein. 

Witness, , Esquire, the day of , .... 

Clerk. 

7. Scire Facias Form Changed. Amend section 20 of chap- 
ter 386 of the Revised Laws (section 20, chapter 509, RSA) 
by striking out the words *'to be holden" in the eleventh line, 
so that said section as amended shall read as follows : 

20. Scire Facias. 

THE STATE OF NEW HAMPSHIRE 

ss. To the sheriff of any county or his deputy : 

(L.S.) Whereas, , of , by the consideration of 

the justices of the superior court holden at , in said 

county, on the Tuesday of , , recovered 

judgment against , of , for dollars 

cents, costs of suit on the original writ, in which suit , 



84 Chapter 64 [1955 

of , was indorser for the said , and of which judg- 
ment execution remains to be done, although a writ of execu- 
tion has been issued thereon against said , which has 

been returned unsatisfied, as of record appears. We therefore 

command you to summon the said to appear at the 

superior court at , in said county, on the Tuesday 

of , to show cause, if any he has, why the said 

should not have execution against him for the amount of said 
judgment, and make return of this writ, with your doings 
therein. 

Witness , Esquire, the day of , 

Clerk. 

8. Takes Effect. This act shall take effect on the first 
Tuesday of August, 1955. 
[Approved April 1, 1955.] 



CHAPTER 64. 

AN ACT RELATING TO REAL ESTATE MORTGAGES. 

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

1. Real Estate Mortgages. Amend section 3-a of chapter 
261 of Revised Laws as inserted by chapter 72 of Laws of 
1945 (section 4, chapter 479, RSA) by striking out the words 
"for making repairs, additions or improvements to the mort- 
gaged premises," so that said section ,3-a as amended shall read 
as follows : 3-a. Subsequent Advances. Any sum or sums 
which shall be loaned by the mortgagee to the mortgagor at 
any time after the execution of any mortgage hereafter made 
shall be equally secured with and have the same priority as the 
original indebtedness, to the extent that the aggregate amount 
outstanding at any one time when added to the balance due on 
the original indebtedness shall not exceed the amount originally 
secured by the mortgage. 

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

[Approved April 1, 1955.] 



1955] Chapters 65, 66 85 

CHAPTER 65. 

AN ACT RELATIVE TO THE OPEN SEASON FOR TAKING FUR-BEARING 

ANIMALS. 

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

1. Fur-bearing Animals; Open Season. Amend section 1 
of chapter 244 of the Revised Laws (section 1, chapter 210, 
RSA) by striking out said section and inserting in place there- 
of the following : 1. Otter, Mink, etc. Otter, mink, skunk, or 
muskrat may be taken and possessed from November first to 
February first. 

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

[Approved April 11, 1955.] 



CHAPTER 66. 



AN ACT RELATIVE TO WOUNDING A HUMAN BEING WHILE 
HUNTING. 

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

1. Report to Conservation Officer. Amend section 35-a of 
chapter 241 of the Revised Laws as inserted by section 2, 
chapter 223, Laws of 1949 and as amended by section 2, chapter 
101, Laws of 1953 (section 38, chapter 207, RSA) by inserting 
after the word "nearest" in the fifth line the words, conserva- 
tion officer and, so that said section as amended shall read as 
follows : 35-a. Abandoning a Wounded or Killed Human Be- 
ing. Any person who shall have negligently or carelessly shot 
and wounded or killed a human being as set forth in the pre- 
ceding section shall forthwith render necessary assistance to 
the injured person and report immediately to the nearest con- 
servation officer and law enforcement officer. Upon conviction 
of violation of the provisions of this section, the guilty person 
shall be fined not more than two thousand dollars or imprisoned 
not more than five years or both, and his license to hunt shall 
be revoked for life. The penalty for conviction under this 



86 Chapter 67 [1955 

section shall be in addition to any penalty imposed under 
section 35. 

2. Reporting Hunting Accident. Amend chapter 241 of 
the Revised Laws (chapter 207, RSA) by inserting after section 
35-a the following new section: 35-b. Reporting Hunting 
Accidents. Any person while hunting or in the field who shall 
cause any injury by shooting another human being shall re- 
port immediately to the nearest conservation officer and law en- 
forcement officer. Whoever violates the provisions of this 
section shall be fined not more than fifty dollars. 

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

[Approved April 11, 1955.] 



CHAPTER 67. 



AN ACT RELATIVE TO PERPETUAL INVENTORY RECORDS AND 
THE TRANSFER OF UNUSED SUPPLIES AND EQUIPMENT. 

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

1. Perpetual Inventory Records and Transfer of Unused 
Supplies and Equipment. Amend paragraphs XI and XII of 
section 17, of chapter 23-A of the Revised Laws as inserted by 
section 1 of part 6 of chapter 5 of the Laws of 1950 (para- 
graphs XI, XII, section 19, chapter 8, RSA) by striking out 
said paragraphs and inserting in place thereof the following: 
XI. Advise with state agencies in relation to the establish- 
ment and maintenance by the agency of a perpetual inventory 
record system for plant and equipment. Annually each state 
agency shall report to the director in such form as he may re- 
quire to maintain a central inventory record of plant and 
equipment owned by the state : XII. Transfer unused supplies 
and equipment from one department or agency to another 
where needed and determine the value thereof; where such 
unused supplies and equipment cannot be so transferred, pro- 
vide for disposal to the public by competitive bid whenever the 
estimated value of any unit or total of units is one hundred 



1955] Chapter 68 87 

dollars or more, otherwise in such manner as appears to be in 
the best interest of the state. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 11, 1955.] 



CHAPTER 68. 

AN ACT RELATIVE TO THE PRACTICE OF DENTISTRY. 

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

1. Dentistry, Dental-Hygienists. Amend section 18 of 
chapter 251 of the Revised Laws as amended by section 2, 
chapter 142 of the Laws of 1949 and section 5, chapter 51 of 
the Laws of 1951 (section 18, chapter 317, RSA) by striking 
out the word "fifteen" in the ninth line thereof and inserting 
in place thereof the words, twenty-five, so that said section as 
amended shall read as follows: 18. Eligibility; Examination; 
Registration. 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 train- 
ing school for dental-hygienists, may, upon the payment of 
twenty-five 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, and any 
other chemical compound or combination of, or series of 
chemical compounds, which may be found to be effective and 
approved by the New Hampshire state dental board, in pre- 
venting caries in human teeth, under the direction of a 
registered dentist of this state, and in public or private schools, 
or institutions, upon approval by the local board of health. 

2. Dentists, Reciprocal Licenses. Amend section 20 of 
chapter 251 of the Revised Laws (section 20, chapter 317, 



88 Chapter 68 [1955 

RSA) by striking out the words, "or dental hygiene" in the 
second and fourth lines thereof so that said section as amended 
shall read as follows: 20. Removal to State. The dental 
board may in its discretion issue a license to practice dentistry 
without examination to a legal practitioner who takes up his 
residence in this state, provided applicant is legally registered 
to practice dentistry in the state from which he removes, and 
has been engaged in actual practice for five years immediately 
preceding his application and removal, and provided he shall 
meet the requirements prescribed in section 7, and further 
provided that the state from which he removes shall in like 
manner recognize licenses issued by the New Hampshire state 
dental board to licensees of this state who may wish to remove 
to such other state. 

3. Dental-Hygienists, Reciprocal Licenses. Amend chapter 
251 of the Revised Laws (chapter 317, RSA) by inserting after 
section 18 thereof the following new section: 18-a. Removal 
to State. The dental board may in its discretion issue a license 
to practice dental hygiene without examination to a legal 
practitioner who takes up his residence in this state, provided 
applicant is legally registered to practice dental hygiene in the 
state from which he removes, and provided he shall meet the 
requirements prescribed in section 18 and further provided that 
the state from which he removes shall in like manner recog- 
nize licenses issued by the New Hampshire state dental board 
to licensees of this state who may wish to remove to such other 
state. 

4. Certificates. Amend section 22 of chapter 251 of the 
Revised Laws as amended by section 6 of chapter 51 of the 
Laws of 1951 (section 22, chapter 317, RSA) by inserting after 
the word "dollars" in the second line thereof the words, for 
issuing a certificate under sections 18 and 18-a twenty-five 
dollars, 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, for issuing a certificate under sections 18 and 
18-a twenty-five dollars, and for issuing a certificate under 
section 21, five dollars. In each case the fee shall be paid in 
advance. 

5. Illegal Practice of Dentistry. Amend said chapter 251 
(chapter 317, RSA) by inserting after section 29 the following 



1955] Chapter 69 89 

new section : 29-a. Injunction. The state dental board may 
petition the superior court for an injunction to restrain the 
practice of dentistry, as defined in section 17, by any person 
other than a licensed dentist or such other persons as are 
specifically excepted from the operation of section 17. In such 
proceedings the board shall be represented by the attorney 
general, and such petition may be filed in the superior court for 
the county in which the defendant named therein resides, or, 
if such defendant is a nonresident, then in the superior court 
for any county in which the named defendant does business. 
The petition for such injunction or the issuance thereof shall 
be in addition to, and shall not relieve any such person from, 
criminal prosecution. In connection with any such petition for 
an injunction, it shall not be necessary to prove that an ade- 
quate remedy at law does not exist. 

6. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 11, 1955.] 



CHAPTER 69. 

AN ACT RELATIVE TO PAYMENT OF WAGES OF A DECEASED PERSON. 

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

1. Payment Upon Affidavit. Amend chapter 359 of the Re- 
vised Laws (chapter 560, RSA) by adding at the end thereof 
the following new sections: 20. Payment of Wages to Sur- 
viving Spouse. Any wages, salaries or commissions of a de- 
ceased person not exceeding five hundred dollars due from any 
employer shall be paid to the surviving spouse of the deceased 
employee without the necessity of administration of his estate. 
Provided, however, that the surviving spouse shall first file with 
the employer an affidavit stating that the person so affirming 
is the surviving spouse of the deceased employee. 21. 
Liability. An employer making payment in accordance with 
the preceding section shall not be liable for the sum so paid to 
the estate of the deceased employee. 

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

[Approved April 11, 1955.] 



90 Chapter 70 [1955 

CHAPTER 70. 

AN ACT RELATIVE TO COURTS-MARTIAL IN THE NATIONAL GUARD. 

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

1. Special Courts-martial. Amend section 66 of chapter 
143 of the Revised Laws, (section 65, chapter 110, RSA) by in- 
serting after the word "regiment" in the second line of said 
section, the word, group, so that said section as amended shall 
read as follows: 66. Special. The commanding officer of 
each post, camp or other place, brigade, regiment, group, de- 
tached battalion or other detached command may appoint 
special courts-martial for his command ; but such special courts- 
martial may in any case be appointed by superior authority 
when by the latter deemed desirable. Special courts-martial 
shall have the power to try any person subject to military law, 
except a commissioned officer, for any crime or offense made 
punishable by the military laws of the United States, and such 
special courts-martial shall have the same powers of punish- 
ment as general courts-martial, except that fines imposed by 
such courts shall not exceed one hundred dollars. 

2. Summary Courts-martial. Amend section 67 of chapter 
143 of the Revised Laws, (section 66, chapter 110, RSA) by in- 
serting after the word "corps" in the second line the word, 
group, so that said section as amended shall read as follows: 
67. Summary. The commanding officer of each camp or other 
place, regiment or corps, group, detached battalion, company 
or other detachment of the national guard may appoint for 
such place or command a summary court to consist of one officer 
who shall have power to administer oaths and to try the en- 
listed men of such place or command for breaches of discipline 
and violations of laws governing such organizations ; and said 
court, when satisfied of the guilt of such soldier, may impose 
fines not exceeding twenty-five dollars for any single offense; 
may sentence noncommissioned officers to reduction to the 
ranks; and may sentence to forfeiture of pay and allowances. 
The proceedings of such courts shall be informal, and the 
minutes thereof shall be the same as prescribed for summary 
courts of the army of the United States. 

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

[Approved April 11, 1955.] 



1955] Chapters 71, 72 91 

CHAPTER 71. 

AN ACT RELATIVE TO SUSPENSION OR REVOCATION OF LICENSES 
OF PERSONS PRACTICING MEDICINE. 

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

1. Licenses for Practice of Medicine. Amend section 14 of 
chapter 250 of the Revised Laws, as amended by section 7, 
chapter 27, Laws of 1951, (section 17, chapter 329, RSA) by 
striking out the words "the state" in the fifth line and insert- 
ing in place thereof the words, any state or federal, and by 
inserting after the word "habits" in the seventh line the words, 
or mental or physical condition, so that said section as amended 
shall read as follows: 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 
any state or federal prison, who is guilty of malpractice or 
gross misconduct in the practice of his profession as such 
licensee, or whose moral character or personal habits or mental 
or physical condition are such as to unfit him for the practice 
of medicine. 

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

[Approved April 11, 1955.] 



CHAPTER 72. 

AN ACT RELATIVE TO ESTATE TAXES. 

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

1. Estate Tax. Amend section 1 of chapter 88, Revised 
Laws, (section 1, chapter 87, RSA) by striking out the whole 
thereof and inserting in place thereof the following : 1. Tax 
Imposed. In addition to the taxes imposed by chapter 87 an 
estate tax is hereby imposed upon the transfer of all estates 
which are subject to an estate tax under the provisions of the 
United States internal revenue code and amendments thereto 



92 Chapter 73 [1955 

where the decedent at the time of his death was domiciled in 
this state. The amount of said New Hampshire estate tax shall 
be equal to the extent, if any, of the excess of the credit allow- 
able under said United States internal revenue code over the 
aggregate amount of all estate, inheritance, transfer, legacy 
and succession taxes paid to any state or territory or the Dis- 
trict of Columbia in respect to any property in the estate of 
said decedent. Provided that such estate tax hereby imposed 
shall in no case exceed the extent to which its payment will 
effect a saving or diminution in the amount of the United 
States estate tax payable by or out of the estate of the de- 
cedent had this chapter not been enacted. The tax hereby im- 
posed shall be for the use of the state. Furthermore an estate 
tax is hereby imposed upon the transfer of real property and 
tangible personal property in this state of every person who at 
the time of his death was a resident of the United States but 
not domiciled in this state, and upon the transfer of all prop- 
erty, real and personal, within this state of every person who 
at the time of his death was not a resident of the United 
States, the amount of which shall be a sum equal to such 
proportion of the amount by which the credit allowable under 
the applicable United States revenue act for estate, transfer, 
legacy, succession and inheritance taxes actually paid to several 
states exceeds the amount actually paid for such taxes ex- 
clusive of estate, transfer, legacy, succession and inheritance 
taxes, as the value of the property in this state bears to the 
value of the entire estate, subject to an estate tax under the 
provisions of the United States internal revenue code. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 11, 1955.] 



CHAPTER 73. 

AN ACT RELATING TO AERONAUTICAL FUNDS. 

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

1. Aeronautical Fund. Amend section 32 of chapter 306 
of the Revised Laws as amended by section 9 of chapter 281 



1955] Chapter 73 93 

of the Laws of 1947 (section 42, chapter 422, RSA) by adding 
at the end thereof the following: Monies derived from the 
airways toll, available for the establishment and maintenance 
of air navigation facilities, may be paid over directly to 
a city or town which has established an aeronautical fund 
in accordance with the provisions of sections 76-a, 76-b 
and 76-c of chapter 51 of the Revised Laws as inserted by 
chapter 188 of the Laws of 1951, so that said section as 
amended shall read as follows: 32. Aeronautical Fund. 
There is hereby established in the state treasury a fund to be 
known as the aeronautical fund. All fees and fines or other in- 
come received by the commission under the provisions hereof; 
all revenue from the airways toll; and monies herein or here- 
after appropriated to carry out the provisions hereof shall be 
kept by the state treasurer in said aeronautical fund to be paid 
out by him upon warrants drawn by the governor with the 
advice and consent of the council for the purpose of this 
chapter subject to the following limitations on the revenue 
derived from the airways toll; one-half shall be used for the 
establishment and maintenance of air navigation facilities on 
the state airways system and one-half shall be used for the 
repayment of bonds or notes authorized hereunder. Subject to 
budgetary limitations, the aeronautical fund is annually appro- 
priated for the use of the commission during the fiscal year 
• of its receipt by the state treasurer and the unexpended balance 
of said fund shall be carried forward and added to the appro- 
priation for the subsequent year. Monies derived from the air- 
ways toll, available for the establishment and maintenance of 
air navigation facilities, may be paid over directly to a city or 
town which has established an aeronautical fund in accordance 
with the provisions of sections 76-a, 76-b and 76-c of chapter 51 
of the Revised Laws as inserted by chapter 188 of the Laws 
of 1951. 

2. Takes Eflfect. This act shall take effect upon its 
passage. 
[Approved April 12, 1955.] 



94 Chapter 74 [1955 

CHAPTER 74. 

AN ACT RELATIVE TO PARI MUTUEL POOLS AND PAYMENT TO 
TOWNS AND CITIES FOR RACE MEETS THEREIN. 

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

1. Horse Racing. Amend section 15 of chapter 171 of the 
Revised Laws as amended by chapter 83, Laws of 1943, chap- 
ter 117, Laws of 1945, chapters 24 and 190, Laws of 1949, and 
chapter 117, Laws of 1953 (section 22, chapter 284, RSA) by 
striking out the word "eleven" in the tenth hne and inserting 
in place thereof the word, twelve, and by striking out the word 
"five" in the seventeenth line and inserting in place thereof 
the word, six, so that said section as amended shall read as 
follows: 15. Pari Mutual Pools. Within the enclosure of 
any race track where is held a race or race meet licensed and 
conducted under this chapter, but not elsewhere, the sale of 
pari mutuel pools by the licensee under such regulations as 
may be prescribed by said commission is hereby permitted and 
authorized during the calendar years of 1941 to 1966, inclusive. 
Commissions on such pools, excepting at tracks or race meets 
conducted solely for harness racing by agricultural fairs where 
such commissions shall be fifteen per cent, shall be uniform 
throughout the state at the rate of twelve and one-half per 
cent of each dollar wagered plus the odd cents of all redis- 
tribution to be based upon each dollar wagered exceeding a sum 
equal to the next lowest multiple of ten, known as "breakage," 
one-half of which breakage shall be retained by the licensee 
and the balance shall be paid to the state treasurer for the use 
of the state in accordance with the provisions of section 2. Said 
maximum shall include the six per cent tax hereinafter pre- 
scribed. For the purpose of the exception set forth in this 
section, an "agricultural fair" shall be deemed to be such an 
association as does provide for and pay premiums of five thou- 
sand dollars, or more, annually as is determined by the commis- 
sioner of agriculture in accordance with section 18 of this 
chapter. 

2. Payment to Towns and Cities. Amend section 16 of 
chapter 171 of the Revised Laws as amended by section 2, 
chapter 117, Laws of 1945 (section 23, chapter 284, RSA) by 
striking out the word "five" in the third line and inserting in 



1955] Chapter 75 95 

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

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 12, 1955.] 



CHAPTER 75. 



AN ACT RELATIVE TO THE DESIGNATION OF BARGAINING 
AGENCIES FOR EMPLOYEES. 

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

1. Labor Controversies. Amend section 17 of chapter 210 
of the Revised Laws (section 17, chapter 273, RSA) by striking 
out said section and inserting in place thereof the following: 



96 Chapter 76 [1955 

17. Application by Agent. When an application is signed by 
an agent claiming to represent a majority of such employees 
the commissioner shall, before proceeding further, satisfy him- 
self by secret ballot or otherwise that such agent is duly 
authorized to represent a majority of such employees. If the 
commissioner requires such secret ballot all regular employees 
of the unit may vote thereat. If the commissioner does not re- 
quire a secret ballot he shall require a statement in writing 
from a majority of the employees that said agent is duly au- 
thorized to represent them. In the latter case the names of the 
employees giving written authority to such agent shall be kept 
secret by the commissioner. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 16, 1955.] 



CHAPTER 76. 

AN ACT RELATING TO MOTOR VEHICLE FINANCIAL RESPONSIBILITY. 

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

1. Motor Vehicles, Financial Responsibility. Motor Vehicle 
Liability Policy. Amend paragraph VII of section 1 of chapter 
122 of the Revised Laws (section 1, chapter 268, RSA) by 
striking out the same and inserting in place thereof the follow- 
ing: VII. "Motor Vehicle Liability Policy," a policy of liabil- 
ity insurance which provides: (a) indemnity for or protection 
to the insured and any person responsible to him for the opera- 
tion of the insured's motor vehicle, trailer, or semi-trailer who 
has obtained possession or control thereof with his express 
or implied consent, against loss by reason of the liability to 
pay damages to others for damage to property, except property 
of others in charge of the insured or his employees, or bodily 
injuries, including death at any time resulting therefrom, acci- 
dentially sustained during the term of said policy by any person 
other than the insured, or employees of the insured actually 
operating the motor vehicle or of such other person responsible 
as aforesaid who are entitled to payments or benefits under the 
provisions of any workmen's compensation act, arising out of 



1955] Chapter 76 97 

the ownership, operation, maintenance, control, or use within 
the limits of the United States of America or the Dominion of 
Canada of such motor vehicle, trailer or semi- trailer, to the 
amount or limit of at least ten thousand dollars on account of 
injury to or death of any one person, and subject to such limits 
as respects injury to or death of one person, of at least twenty 
thousand dollars on account of any one accident resulting in 
injury to or death of more than one person, and of at least five 
thousand dollars for damage to property of others, as herein 
provided, or a binder pending the issue of such a policy, or an 
indorsement to an existing policy, as defined in sections 15, 16, 
and 18, and (b) which further provides indemnity for or pro- 
tection to the named insured and to the spouse of such named 
insured as insured if a resident of the same household, or the 
private chauffeur or domestic servant acting within the scope 
of the employment of any such insured with respect to the 
presence of any such insured in any other motor vehicle, from 
liability as a result of accidents which occur in New Hampshire 
due to the operation of any motor vehicle, trailer, or semi- 
trailer not owned in whole or in part by such insured, provided, 
however, the insurance afforded under this sub-paragraph (b) 
applies only if no other valid and collectible insurance is avail- 
able to the insured. 

2. Satisfaction of Judgments. Amend section 10 of chap- 
ter 122 of the Revised Laws (section 10, chapter 268, RSA) by 
striking out said section and inserting in place thereof the 
following: 10. Payments Sufficient to Satisfy Requirements. 

Every judgment herein referred to shall for the purpose of 
this chapter be deemed satisfied: I. When ten thousand 
dollars has been credited upon any judgment or judgments 
rendered in excess of that amount because of bodily injury to 
or death of one person as the result of any one accident ; or II. 
When, subject to such limit of ten thousand dollars because of 
bodily injury to or death of one person, the sum of twenty thou- 
sand dollars has been credited upon any judgment or judg- 
ments rendered in excess of that amount because of bodily in- 
jury to or death of two or more persons as the result of any 
one accident; or III. When five thousand dollars has been 
credited upon any judgment or judgments rendered in excess 
of that amount because of injury to or destruction of property 
of others as a result of any one accident. Credit for such 



98 Chapter 76 [1955 

amounts shall be deemed a satisfaction of any such judgment 
or judgments in excess of said amounts only for the purpose of 
this chapter. Payments made in settlement of any claims be- 
cause of bodily injury, death or property damage arising from 
a motor vehicle accident shall be credited in reduction of the 
amounts provided for in this section. 

3. Limits. Amend section 19 of chapter 122 of the Revised 
Laws (section 19, chapter 268, RSA) by striking out the same 
and inserting in place thereof the following : 19. Amount of 
Proof Required. Proof of financial responsibility shall mean 
proof of ability to respond in damages for any liability there- 
after incurred, as a result of accidents which occur in New 
Hampshire, arising out of the ownership, maintenance, control, 
or use of a motor vehicle, trailer, or semi-trailer in the amount 
of ten thousand dollars because of bodily injury or death to any 
one person, and subject to said limit respecting one person, in 
the amount of twenty thousand dollars because of bodily in- 
jury to or death to two or more persons in any one accident, 
and in the amount of five thousand dollars because of injury to 
and destruction of property in any one accident. Whenever re- 
quired under this chapter such proof in such amounts shall be 
furnished for each motor vehicle, trailer, or semi-trailer 
registered by such person. 

4. Waiving Requirements; Reciprocity. Amend section 9 
of chapter 122 of the Revised Laws as amended by section 2, 
chapter 85, Laws of 1943, (section 9, chapter 268, RSA) by 
inserting at the end thereof the following paragraphs : I. The 
commissioner may waive the requirements of filing proof of 
financial responsibility and certificates at any time after seven 
years duration from the date of accident involvement or con- 
viction requiring such proof, provided the commissioner has 
not received further record of conviction, accident involvement, 
forfeiture of bail, unsatisfied judgment or other evidence which 
would require the continuance of such furnishing of proof of 
financial responsibility and certificates. IL Reciprocity. Up- 
on receipt of notice or certification that the operating privilege 
and/or the privilege to have operated any motor vehicle 
registered to a resident of this state has been suspended or re- 
voked in any other state, pursuant to a law providing for its 
suspension or revocation for failure to deposit security for the 
payment of judgments arising out of a motor vehicle accident. 



1955] Chapter 77 99 

or failure to maintain proof of financial responsibility in the 
future; under circumstances which would allow the commis- 
sioner to suspend a non-resident's operating privilege had the 
accident or conviction occurred in this state, the commissioner 
may suspend or revoke the license and/or registration of such 
resident. Such suspension or revocation shall continue until 
such resident furnishes evidence of compliance with the law 
of such other state. 

5. Non-residents. Amend section 14 of chapter 122 of the 
Revised Laws (section 14, chapter 268, RSA) by adding at the 
end thereof the following new paragraph: I. When a non- 
resident's privilege of operating a motor vehicle and/or the 
privilege to have any vehicle registered to such individual 
operated in New Hampshire is suspended under the provisions 
of this chapter, the commissioner shall transmit a copy of the 
record of such action to the official in charge of the issuance 
of licenses and registrations in the state in which such non- 
resident resides, if the law of such state provides for action in 
relating thereto similar to that provided for in this chapter. 

6. Takes Effect. This act shall take effect on all new 
policies written after October 15, 1955. 

[Approved April 16, 1955.] 



CHAPTER 77. 



AN ACT RELATIVE TO COMPENSATION OF APPEAL TRIBUNAL 

AND ADVISORY COUNCIL MEMBERS UNDER THE 

UNEMPLOYMENT COMPENSATION LAW. 

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

1. Unemployment Compensation. Amend subsection D of 
section 5 of chapter 218 of the Revised Laws, as amended by 
section 10, chapter 185 of the Laws of 1949 and section 8, 
chapter 140 of the Laws of 1951, (subsection D, section 5, 
chapter 282, RSA) by striking out the word "fifteen" and in- 
serting in place thereof the word, twenty, so that said sub- 
section as amended shall read as follows: D. Appeal 
Tribunals. To hear and decide disputed claims, the director 



100 Chapter 77 [1955 

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 repre- 
sentative of employees; each of the latter two members shall 
serve at the pleasure of the director and be paid a fee of not 
more than twenty dollars per day of active service on such 
tribunal plus necessary expenses. No person shall participate 
on behalf of the director in any case in which he is an interested 
party. The director 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. 

2. Compensation of Members. Amend subsection L of 
section 9 of said chapter 218, as inserted by section 21, chapter 
59 of the Laws of 1947, and as amended by section 7, chapter 
209 of the Laws of 1953, (subsection R, section 9, chapter 282, 
RSA) by striking out the word "fifteen" and inserting in place 
thereof the word, twenty, so that said subsection as amended 
shall read as follows : L. Advisory Coimcil. There is hereby 
created within the unemployment compensation bureau an 
advisory council on unemployment compensation, hereinafter 
called the advisory council. The advisory council shall consist 
of seven members to be appointed upon recommendations of the 
director by the governor with the consent and advice of the 
governor's council. Three of the appointees of this advisory 
council shall be persons who, because of their vocations, em- 
ployment or affiliations, shall be classed as representing the 
point of view of employers; three shall be persons who, because 
of their vocations, employment or affiliations, shall be classed 
as representing the point of view of employees ; the remaining 
appointee, who shall be designated as chairman, shall be a per- 
son whose training and experience qualify him to deal with the 
problems of unemployment compensation. Such advisory coun- 
cil shall aid the director in formulating policies and discussing 
problems related to the administration of this chapter and in 
assuring impartiality and freedom from political influence in 
the solution of such problems. 



1955] Chapter 78 101 

The term of office of each member of the advisory council 
shall be three years and until his successor is appointed and 
qualified. Provided that the first appointments hereunder shall 
be for the following terms : The chairman, one employer repre- 
sentative and one employee representative, for a term of three 
years; one employer representative and one employee repre- 
sentative, for a term of two years ; one employer representative 
and one employee representative, for a term of one year. As 
these appointments expire, all appointments shall be for three- 
year terms. In the event of a vacancy in the membership of 
said council, the appointment shall be made in the same manner 
and for the unexpired term. 

Each member of the advisory council shall be paid a fee of 
twenty dollars per day, for each day of actual attendance at 
called meetings of the advisory council, and shall also be re- 
imbursed for necessary travel and other necessary expenses. 

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

[Approved April 16, 1955.] 



CHAPTER 78. 

AN ACT RELATIVE TO FIELD TRIALS FOR DOGS. 

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

1. Coon Dogs. Amend section 12 of chapter 241 of the Re- 
vised Laws (section 13, chapter 207, RSA) by inserting after 
the words "ten dollars" in the fifth line the words, except that 
the fee shall be two dollars for field trials for coon dogs, so that 
said section as amended shall read as follows: 1,2. Field 
Trials. Field trials for dogs may be held at such times, in 
such manner, and under such restrictions, as may be prescribed 
by the director. Any person wishing to hold a field trial shall 
first obtain a written permit from the person on whose land it 
is proposed to hold the trial, present the same to the director, 
and pay a fee of ten dollars, except that the fee shall be two 
dollars for field trials for coon dogs. The director may there- 
upon issue a permit for such field trial. The director, or his 



102 Chapter 79 [1955 

duly authorized agent, shall supervise the holding of such field 
trial and enforce the terms of the permits therefor, and the 
rules and regulations for the conduct thereof. The director 
shall adopt such rules and regulations for the conduct of field 
trials as in his opinion are necessary to safeguard the interests 
of the wild life of the state. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 16, 1955.] 



CHAPTER 79. 

AN ACT RELATIVE TO THE DEFINITION OF GROUP LIFE INSURANCE. 

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

1. Group Life Insurance. Amend section 14-a of chapter 
327 of the Revised Laws, as inserted by chapter 175 of the Laws 
of 1947, (section 15, chapter 408, RSA) by adding at the end 
thereof the following: (5) A policy issued to any non-profit in- 
dustrial association (to be deemed the policyholder) in exist- 
ence for a period of at least ten years and organized for pur- 
poses other than obtaining insurance, subject to the following 
requirements : 

(a) If two or more members of the association, or any 
class or classes of members thereof determined by conditions 
pertaining to insurance, elect to insure their employees or any 
class or classes of employees determined by conditions per- 
taining to employment; and 

(b) The total number of insured employees must not be 
less than six hundred, and 

(c) The insurance premiums are paid by such members to 
the association; each member, in so far as applicable to his 
own employees, may collect part of the premium from insured 
employees; and the method of apportionment of the premium 
payment between himself and his employees may be varied as 
among individual members ; and 

(d) Not less than seventy-five per cent of the eligible em- 
ployees of each participating member may be insured where 



1955] Chapter 79 103 

the employees pay a part of the premium. The word ''em- 
ployees" as used in this subsection shall also include the in- 
dividual members and employees of such association, so that 
said section as amended shall read as follows : 

14-a. Definition. No policy of group life insurance shall be 
issued or delivered in this state unless it conforms to one of 
the following descriptions: 

(1) A policy issued to an employer, or to the trustees of 
a fund established by an employer, which employer or trustees 
shall be deemed the policyholder, to insure employees of the 
employer for the benefit of persons other than the employer, 
subject to the following requirements: 

(a) The employees eligible for insurance under the policy 
shall be all of the employees of the employer, or all of any class 
or classes thereof determined by conditions pertaining to their 
employment. The policy may provide that the term "employ- 
ees" shall include the employees of one or more subsidiary 
corporations, and the employees, individual proprietors, and 
partners of one or more affiliated corporations, proprietors or 
partnerships if the business of the employer and of such 
affiliated corporations, proprietors or partnerships is under 
common control through stock ownership, contract, or other- 
wise. The policy may provide that the term "employees" shall 
include the individual proprietor or partners if the employer 
is an individual proprietor or a partnership. The policy may 
provide that the term "employees" shall include retired em- 
ployees. 

(b) The premium for the policy shall be paid by the policy- 
holder, either wholly from the employer's funds or funds con- 
tributed by him, or partly from such funds and partly from 
funds contributed by the insured employees. No policy may be 
issued on which the entire premium is to be derived from funds 
contributed by the insured employees. A policy on which part 
of the premium is to be derived from funds contributed by the 
insured employees may be placed in force only if at least 
seventy-five per cent of the then eligible employees, excluding 
any as to whom evidence of individual insurability is not satis- 
factory to the insurer, elect to make the required contributions. 
A policy on which no part of the premium is to be derived from 
funds contributed by the insured employees, must insure all 



104 Chapter 79 [1955 

eligible employees, or all except any as to whom evidence of in- 
dividual insurability is not satisfactory to the insurer. 

(c) The policy must cover at least twenty-five employees 
at date of issue. 

(d) The amounts of insurance under the policy must be 
based upon some plan precluding individual selection either by 
the employees or by the employer or trustees. No policy may be 
issued which provides insurance on any employee which to- 
gether with any other insurance under any group life insurance 
policy or policies issued to the employer or to the trustees of a 
fund established in whole or in part by the employer exceeds 
twenty thousand dollars. 

(2) A policy issued to a creditor, who shall be deemed the 
policyholder, to insure debtors of the creditor, subject to the 
following requirements : 

(a) The debtors eligible for insurance -under the policy 
shall be all of the debtors of the creditor whose indebtedness 
is repayable in installments, or all of any class or classes there- 
of determined by conditions pertaining to the indebtedness or 
to the purchase giving rise to the indebtedness. The policy may 
provide that the term "debtors" shall include the debtors of 
one or more subsidiary corporations, and the debtors of one or 
more affiliated corporations, proprietors or partnerships if the 
business of the policyholder and of such affiliated corporations, 
proprietors or partnerships is under common control through 
stock ownership, contract, or otherwise. 

(b) The premium for the policy shall be paid by the policy- 
holder, either from the creditor's funds, or from charges 
collected from the insured debtors, or from both. A policy on 
which part or all of the premium is to be derived from the 
collection from the insured debtors of identifiable charges not 
required of uninsured debtors shall not include, in the class or 
classes of debtors eligible for insurance, debtors under obli- 
gations outstanding at its date of issue without evidence of in- 
dividual insurability unless at least seventy-five per cent of the 
then eligible debtors elect to pay the required charges. A policy 
on which no part of the premium is to be derived from the 
collection of such identifiable charges must insure all eligible 
debtors, or all except any as to whom evidence of individual in- 
surability is not satisfactory to the insurer. 



1955] Chapter 79 105 

(c) The policy may be issued only if the group of eligible 
debtors is then receiving new entrants at the rate of at least 
one hundred persons yearly, or may reasonably be expected to 
receive at least one hundred new entrants during the first 
policy year, and only if the policy reserves to the insurer the 
right to require evidence of individual insurability if less than 
seventy-five per cent of the new entrants become insured. 

(d) The amounts of insurance on the life of any debtor 
shall at no time exceed the amount owed by him which is repay- 
able in installments to the creditor, or ten thousand dollars, 
whichever is less. 

(e) The insurance shall be payable to the policyholder. 
Such payment shall reduce or extinguish the unpaid indebted- 
ness of the debtor to the extent of such payment. 

(3) A policy issued to a labor union, which shall be deemed 
the policyholder, to insure members of such union for the 
benefit of persons other than the union or any of its officials, 
representatives or agents, subject to the following require- 
ments : 

(a) The members eligible for insurance under the policy 
shall be all of the members of the union, or all of any class or 
classes thereof determined by conditions pertaining to their 
employment, or to membership in the union, or both. 

(b) The premium for the policy shall be paid by the policy- 
holder, either wholly from the union's funds, or partly from 
such funds and partly from funds contributed by the insured 
members specifically for their insurance. No policy may be 
issued on which the entire premium is to be derived from 
funds contributed by the insured members specifically for their 
insurance. A policy on which part of the premium is to be 
derived from funds contributed by the insured members 
specifically for their insurance may be placed in force only if 
at least seventy-five per cent of the then eligible members, ex- 
cluding any as to whom evidence of individual insurability is 
not satisfactory to the insurer, elect to make the required con- 
tributions. A policy on which no part of the premium is to be 
derived from funds contributed by the insured members 
specifically for their insurance must insure all eligible members, 
or all except any as to whom evidence of individual insurability 
is not satisfactory to the insurer. 



106 Chapter 79 [1955 

(c) The policy must cover at least twenty-five members at 
date of issue. 

(d) The amounts of insurance under the policy must be 
based upon some plan precluding individual selection either by 
the members or by the union. No policy may be issued which 
provides insurance on any union member which together with 
any other insurance under any group life insurance policies 
issued to the union exceeds twenty thousand dollars. 

(4) A policy issued to the trustees of a fund established 
by two or more employers in the same industry or by two or 
more labor unions, which trustees shall be deemed the policy- 
holder, to insure employees of the employers or members of the 
unions for the benefit of persons other than the employers or 
the unions, subject to the following requirements: 

(a) The persons eligible for insurance shall be all of the 
employees of the employers or all of the members of the unions, 
or all of any class or classes thereof determined by conditions 
pertaining to their employment, or to membership in the 
unions, or to both. The policy may provide that the term "em- 
ployees" shall include the individual proprietor or partners if 
an employer is an individual proprietor or a partnership. The 
policy may provide that the term ''employees" shall include the 
trustees or their employees, or both, if their duties are prin- 
cipally connected with such trusteeship. The policy may pro- 
vide that the term "employees" shall include retired employees. 

(b) The premium for the policy shall be paid by the 
trustees wholly from funds contributed by the employers of 
the insured persons. The policy must insure all eligible persons, 
or all except any as to whom evidence of individual insurability 
is not satisfactory to the insurer. 

(c) The policy must cover at least one hundred persons 
at date of issue. 

(d) The amounts of insurance under the policy must be 
based upon some plan precluding individual selection either by 
the insured persons or by the policyholder, employers, or 
unions. No policy may be issued which provides insurance on 
any person which together with any other insurance under any 
group life insurance policy or policies issued to the employers 
or any of them, or to the trustees of a fund established in whole 
or in part by the employers or any of them, exceeds twenty 
thousand dollars. 



1955] Chapter 80 107 

(5) A policy issued to any non-profit industrial association 
(to be deemed the policyholder) in existence for a period of at 
least ten years and organized for purposes other than obtaining 
insurance, subject to the following requirements: 

(a) If two or more members of the association, or any 
class or classes of members thereof determined by conditions 
pertaining to insurance, elect to insure their employees or any 
class or classes of employees determined by conditions pertain- 
ing to employment; and 

(b) The total number of insured employees must not be 
less than six hundred, and 

(c) The insurance premiums are paid by such members to 
the association ; each member, in so far as applicable to his own 
employees, may collect part of the premium from insured em- 
ployees ; and the method of apportionment of the premium pay- 
ment between himself and his employees may be varied as 
among individual members; and 

(d) Not less than seventy-five per cent of the eligible em- 
ployees of each participating member may be insured where the 
employees pay a part of the premium. The word "employees" as 
used in this subsection shall also include the individual members 
and employees of such association. 

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

[Approved April 16, 1955.] 



CHAPTER 80. 

AN ACT RELATING TO REPORTS OF REGISTER OF DEEDS. 

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

1. Register of Deeds. Amend section 12 of chapter 49 of 
the Revised Laws as amended by chapter 255 of the Laws of 
1949 (section 14, chapter 478, RSA) by inserting after the 
words "the register shall" in the fifth line the words, upon re- 
quest, so that said section as amended shall read as follows: 
12. List of Conveyances for Tax Purposes. Every register 
shall send to the selectmen of each town in his county, between 



108 Chapter 81 [1955 

the first and fifth days of April in each year, a list of all deeds, 
mortgages, and other conveyances of real estate which have 
been recorded in the registry during the preceding tax year; 
and the register shall, upon request, send a similar list of con- 
veyances to the assessors of each city in his county quarterly, 
each year, between the first and fifth days of January, the first 
and fifth days of April, the first and fifth days of July and the 
first and fifth days of October. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 16, 1955.] 



CHAPTER 81. 



AN ACT RELATING TO THE USE OF FACSIMILE SIGNATURES IN THE 
DRAWING OF CHECKS BY THE TREASURERS OF PUBLIC BODIES. 

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

1. Negotiable Instruments. Amend chapter 366 of the Re- 
vised Laws (chapter 337, RSA) by inserting after section 18 
the following new section : 18-a. Use of Facsimile Signatures. 

Any drawee of a check, draft or other order for the payment 
of money, in addition to any other rights which it may have, 
may pay and charge to the account upon which it is drawn any 
such check, draft or other order which (1) bears on the part 
of the drawer a facsimile signature, as hereinafter defined, of 
the drawer or a person who has been authorized by the drawer 
to sign such checks, drafts or other orders, which is sub- 
stantially similar to a specimen facsimile of the drawer's or 
such person's signature furnished by the drawer to the drawee, 
and (2) is invalid solely because such facsimile signature was 
affixed to such check, draft or other order without the authority 
of the person whose signature it is. Facsimile signature, as used 
in this section, shall mean any signature which has been im- 
printed or stamped by a facsimile signature machine, or any 
other machine or mechanical device for the reproduction of a 
signature. 

2. State Treasurer. Amend chapter 22 of the Revised 
Laws (chapter 6, RSA) by inserting after section 6 the follow- 



1955] Chapter 81 109 

ing new section : 6-a. Facsimile Signature. The state treas- 
urer, whether acting as such or as custodiam of or disbursing 
agent for any other fund, including the unemployment com- 
pensation fund and the unemployment compensation and em- 
ployment service administration fund, without further author- 
ity than that contained in this section, shall have power to use 
a facsimile machine for the purpose of affixing his signature to 
any check, draft or other order for the payment of money 
drawn by him in the name and behalf of the state or any such 
other fund. 

3. Director of Employment Security. Amend chapter 218 
of the Revised Laws (chapter 282, RSA) by adding at the end 
thereof the following new section: 20. Facsimile Signature. 
The director of employment security, without further authority 
than that contained in this section, shall have power to use a 
facsimile machine for the purpose of affixing his signature to 
any check, draft or other order for the payment of money 
drawn by him in the name and behalf of the unemployment 
compensation fund or the unemployment compensation and em- 
ployment service administration fund. 

4. County Treasurer. Amend chapter 48 of the Revised 
Laws (chapter 29, RSA) by inserting after section 2 the 
following new section: 2-a. Facsimile Signature. The 

•county treasurer or any other disbursing officer of a county, 
when authorized to do so by the county commissioners, shall 
have power to use a facsimile machine for the purpose of affix- 
ing his signature to any check, draft or other order for the 
payment of money drawn by him in the name and behalf of the 
county. 

5. City Treasurer. Amend chapter 65 of the Revised Laws 
(chapter 48, RSA) by inserting after section 15 the following 
new section: 15 -a. Facsimile Signature. The city treasurer 
or any other disbursing officer of a city, when authorized to do 
so by the city council or board of aldermen, shall have power 
to use a facsimile machine for the purpose of affixing his signa- 
ture to any check, draft or other order for the payment of 
money drawn by him in the name and behalf of the city. 

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

[Approved April 16, 1955.] 



no Chapters 82, 83 [1955 

CHAPTER 82. 

AN ACT RELATIVE TO WATER POLLUTION, RECLAMATION PROJECTS. 

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

1. Water Pollution, Reclamation Projects. Amend section 
3, chapter 166-A, Revised Laws as inserted by chapter 183, 
Laws of 1947 (section 3, chapter 149, RSA) by inserting at 
the end thereof the following new paragraph: VL Nothing 
contained herein shall be construed to prohibit, under such 
terms and conditions as the commission may direct, the use of 
rotenone or similar compounds by the fish and game depart- 
ment in the conduct of its program to reclaim the public waters 
of the state for game fishing. 

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

[Approved April 16, 1955.] 



CHAPTER 83. 

AN ACT ESTABLISHING PLANT AND SEED CERTIFICATION. 

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

1. Plant and Seed Certification. Amend the Revised Laws 
by inserting after chapter 223-A, as inserted by chapter 66, 
Laws of 1949, (chapter 343, RSA) the following new chapter: 

Chapter 223-B 
Plant and Seed Certification 

1. Definition. The term "certified plants" and the term 
"certified seeds" used herein shall mean any variety of horti- 
cultural plants or seeds that have been inspected by the com- 
missioner of agriculture, or his authorized agent, and found to 
be reasonably free from disease and true to name as specified 
in the rules and regulations issued by the commissioner of 
agriculture under the provisions hereof. 

2. Application for Inspection. Any grower of plants or 
seeds approved by the commissioner of agriculture may make 



1955] Chapter 83 111 

application to the said commissioner for inspection and certifi- 
cation of his plant or seed crop under such rules and regulations 
as he may issue. The commissioner of agriculture, or his author- 
ized agent, shall issue such certificates of inspection and desig- 
nate or provide such official tags for marking certified plants 
or certified seeds and establish such standards of grade and 
quality as are necessary to safeguard the privileges and serv- 
ices provided for in this chapter. 

3. Acceptance for Certification. Any variety of plant or 
seed entered for certification must first be approved by a plant 
and seed certification board, appointed by the commissioner of 
agriculture with the approval of the advisory board of the de- 
partment. 

4. Prohibitions. No person in connection with the sale of 
plants or seeds shall use the term "certified" or any similar 
term which may tend to convey that the same has been certified 
hereunder, either orally or on tags, containers or labels or in 
advertising unless said plants or seeds have been inspected and 
certified hereunder. 

5. Rules and Regulations. The commissioner of agricul- 
ture is hereby authorized to make all necessary rules and 
regulations and establish such fees as are necessary to carry 
out the provisions hereof. 

6. Penalties. Any person, co-partnership, association or 
corporation, and any officer, agent, servant or employee thereof 
violating any of the provisions hereof shall be fined not more 
than two hundred dollars for each offense. If any such person, 
co-partnership, association or corporation shall be twice con- 
victed of a violation hereof, the commissioner of agriculture 
may prohibit him from marketing certified plants or seeds for 
a period of not less than two nor more than four years after 
such prohibition. 

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

passage. 

[Approved April 16, 1955.] 



112 Chapters 84, 85 [1955 

CHAPTER 84. 

AN ACT RELATING TO THE TITLE TO UNLICENSED DOGS 
BY HUMANE SOCIETIES. 

Be it encbcted by the Se^nate and House of Representatives in 
General Court convened: 

1. Humane Societies. Amend chapter 180 of the Revised 
Laws (chapter 466, RSA) by inserting after section 22 the 
following new section: 22-a. Title to Unlicensed Dogs by 
Humane Societies. Whenever an incorporated society for the 
prevention of cruelty to animals shall keep and maintain for 
ten consecutive days an unlicensed dog whose owner is un- 
known, full title to said unlicensed dog shall pass to said society 
at the end of said ten-day period, unless the owner of said dog 
shall, before the expiration of said period, cause said dog to be 
licensed and shall pay said society the sum of one dollar per 
day for each day said dog has been kept and maintained by 
said society. 

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

[Approved April 16, 1955.] 



CHAPTER 85. 



AN ACT RELATIVE TO THE FEDERAL SOIL CONSERVATION 
AND DOMESTIC ALLOTMENT ACT. 

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

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

I. "Soil Conservation and Domestic Allotment Act" means 
Soil Conservation and Domestic Allotment Act enacted by the 
Congress of the United States, as amended. 

II. "Secretary of Agriculture" means the secretary of 
agriculture of the United States. 

III. "Department" means the department of agriculture 
of the state of New Hampshire. 



1955] Chapter 85 113 

IV. "Commissioner" means the commissioner of the de- 
partment of agriculture of the state of New Hampshire. 

2. State Department of Agriculture to Administer. In 

order to carry out the purposes of the soil conservation and 
domestic allotment act enacted by the Congress of the United 
States, the department of agriculture of the state of New 
Hampshire is hereby designated as the agency of the state of 
New Hampshire to administer any state plan authorized under 
this act which shall be approved by the secretary of agriculture 
of the United States for the state of New Hampshire pursuant 
to the provisions of said soil conservation and domestic allot- 
ment act. 

3. State Plan. The department is hereby authorized, em- 
powered and directed to formulate and submit to the secretary 
of agriculture, in conformity with the provisions of said soil 
conservation and domestic allotment act, a state plan for each 
year, beginning with the year 1956. It shall be the purpose of 
each such plan and each such plan shall be designed to promote 
such utilization of land and such farming practices as the de- 
partment finds will tend, in conjunction with the operation of 
such other plans as may be approved for other states by the 
secretary of agriculture, to preserve and improve soil fertility ; 
to promote the economic use and conservation of land; to 
diminish exploitation and wasteful and unscientific use of 
natural soil resources ; to protect rivers and waterways against 
the results of soil erosion and aid in flood control; and to re- 
establish and maintain the ratio between the purchasing power 
of the net income per person on farms and that of the income 
per person not on farms, as defined in subsection (a) of sec- 
tion 7 of the soil conservation and domestic allotment act. Each 
such plan shall provide for adjustments and utilization of 
land, and in farming practices through agreements with produ- 
cers or through other voluntary methods, and for benefit pay- 
ments in connection therewith, and for such methods of admin- 
istration not in conflict with any law of the state, and for such 
reports as the secretary of agriculture finds necessary for the 
effective administration of the plan, and for ascertaining 
whether the plan is being carried out according to its terms. 

4. Grants. Upon the acceptance of each such plan by the 
secretary of agriculture and his approval thereof, the depart- 



114 Chapter 85 [1955 

ment is authorized and empowered to accept and receive all 
grants of money made, pursuant to said soil conservation and 
domestic allotment act, for the purpose of enabling the state 
to carry out the provisions of such plan. All such moneys shall 
be paid into a special fund in the state treasury to be known 
as the soil conservation fund, which fund is hereby established. 
The appropriations made from such fund shall be available to 
the department for expenditures necessary in carrying out the 
plan, including administrative expenses, expenditures in con- 
nection with educational programs and research programs in 
aid of the plan, and for benefit payments, as provided in said 
appropriations. 

5. Powers and Duties. In carrying out the provisions of 
this act and of each such plan, the department shall have power 
to designate administrative areas; to provide for the selection 
or election of local, county, and state committees of persons 
participating or cooperating in the plan ; to employ such agents 
or agencies and to establish such agencies as it may find to be 
necessary; to cooperate with local and state agencies and with 
agencies of other states and of the federal government; to 
arrange with the University of New Hampshire for the con- 
duct of such research and educational activities in connection 
with the formulation and operation of such plan as may appear 
advisable ; to enter into agreements with producers and to pro- 
vide by other voluntary methods for adjustment in the utili- 
zation of land and in farming practices, and for payments in 
connection therewith, in amounts which the department de- 
termines to be fair and reasonable. In carrying out each such 
plan, the department and the commissioner are authorized to 
delegate any of the powers herein conferred to such agency as 
may be designated by the commissioner and approved by the 
secretary of agriculture. 

6. Annual Report. The department, in its annual report 
each year, shall cover the administration of such plan and the 
operations thereunder, including the expenditures of funds. 

7. Limitation. The department shall have no authority to 
incur any obligation or liability against the state of New Hamp- 
shire under this act for the expenditure of funds other than 
the expenditure of funds payable from the soil conservation 
fund, pursuant to the appropriations made therefor. 



1955] Chapter 86 115 

8. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 16, 1955.] 



CHAPTER 86. 



AN ACT LICENSING BULK MILK COLLECTOR TANK DRIVERS AND 

CONCERNS OPERATING BULK MILK COLLECTION 

TANK ROUTES IN NEW HAMPSHIRE. 

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

1. Receiving Stations. Amend section 54 of chapter 194 
of the Revised Laws (section 59, chapter 184, RSA) by insert- 
ing after the words "milk depots" in the third line thereof the 
words, bulk tank collector trucks, so that said section as 
amended shall read as follows: 54. Definition. The term 
receiving station as used in this subdivision shall include cream- 
eries, cheese factories, condensaries, receiving stations, milk 
depots, bulk tank collector trucks and processing plants for 
milk and cream. 

2. Milk Collections. Amend chapter 194 of the Revised 
Laws (chapter 184, RSA) by adding after section 55 the follow- 
ing new section: 55-a. Permit Required. Any person who 
purchases milk from producers in this state using the bulk tank 
collector system of collecting milk shall procure from the com- 
missioner a permit to operate each individual route. 

3. Weighers and Samplers' Licenses. Amend chapter 194 
of the Revised Laws (chapter 184, RSA) by adding after sec- 
tion 71 the following new section: 71-a. Weighing of Milk. 
Any person who weighs, measures, or samples a producer's 
milk for the purpose of determining the amount and quality of 
milk as a basis for paying for product purchased shall procure 
from the commissioner a license showing that the holder is 
competent and qualified to perform such work, the competency 
and qualifications of such weighers and samplers to be de- 
termined by examination by the state supervisor of dairy 
services or under his supervision. 



116 Chapter 87 [1955 

4. Fees. Amend section 72 of chapter 194 of the Revised 
Laws, as amended by chapter 93 of the Laws of 1947 (section 
77, chapter 184, RSA) by striking out said section and insert- 
ing in place thereof the following: 72. Rules and Regulations; 
Fees. The commissioner may make rules and regulations gov- 
erning the application for and the granting of such licenses 
and shall charge a fee of two dollars each for the same. 
Licenses issued hereunder shall be effective for a period of two 
years and be renewed biennially during the month of January. 
Licenses may be revoked by the commissioner if after due 
notice the licensee fails or has failed to comply with the law, 
rules and regulations under which the license was granted. 

5. Supervisor of Dairy Services. Amend section 73 of 
chapter 194 of the Revised Laws as amended by chapter 93 of 
the Laws of 1947 (section 78, chapter 184, RSA) by striking- 
out said section and inserting in place thereof the following: 
73. Division of Dairy Service. The commissioner shall, with 
the approval of the governor, appoint some person who is 
qualified for the position of supervisor of dairy services. The 
supervisor shall give full time in the performance of the duties, 
as deputy for the commissioner, as set forth in this subdivision 
and in other matters pertaining to promoting the dairy in- 
terests of the state. 

6. Present Licenses; Takes Effect. Section 4 shall be 
effective as of December 31, 1955 and all licenses issued under 
the provisions of section 72 of chapter 194, Revised Laws, and 
outstanding as of the date of the passage of this act shall 
expire as of December 31, 1955. The remaining sections of this 
act shall take effect upon its passage. 

[Approved April 16, 1955.] 



CHAPTER 87. 



AN ACT RELATIVE TO SALE OF PHEASANTS AND CHUKAR 
PARTRIDGE FOR RESALE. 

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

1. Pheasants and Chukar Partridge. Amend chapter 246 
of the Revised Laws (chapter 212, RSA) by inserting after 



1955] Chapter 88 117 

section 24 the following new section : 24-a. Sale of. Pheasants 
and chukar partridge raised by any such license may be 
possessed, bought and sold for use as food, to hotels, restau- 
rants,, and food stores, provided, however, that there shall be 
attached to each pheasant or chukar partridge or part thereof 
so possessed, bought or sold a special tag, provided by the 
director at a nominal fee, which tag shall remain attached to 
the pheasant or chukar partridge or part thereof until immedi- 
ately prior to cooking. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 18, 1955.] 



CHAPTER 88. 



an act to amend the religious corporations law in 

relation to the incorporation of 

Orthodox parishes. 

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

1. Voluntary Corporations. Amend chapter 272 of the Re- 
.vised Laws (chapter 292, RSA) by adding at the end thereof 
the following new subdivision : 

Orthodox Parishes 

14. Application of Subdivision. This subdivision applies to 
all churches, parishes, committees and other religious organi- 
zations governed by jurisdictions, archdioceses of any Ortho- 
dox Patriarchate, Synod or national church of the Orthodox 
Church (the One Holy Catholic and Apostolic Church), recog- 
nized by the apostolic historic Orthodox Patriarchates of Con- 
stantinople, Antioch, Moscow and Yugoslavia and in general 
to all churches, congregations, parishes, committees and other 
religious organizations founded or established with the intent 
and for the purpose of adhering to and maintaining the 
apostolic and historic communion, doctrine, discipline, canon 
law, tradition, worship and unity of the Orthodox Church. 

15. Application for Incorporation. An unincorporated 
church, congregation, parish or any other religious organiza- 



118 Chapter 89 [1955 

tion may apply to the appropriate hierarch, archbishop, bishop 
or administrator for permission to incorporate under this 
article. When such permission has been granted in writing, it 
shall be attached to the certificate of incorporation. 

16. Articles of Agreement. The articles of agreement shall 
be in the form provided by law for all religious corporations and 
must in addition recite therein that the purpose and intent of 
the corporation is to maintain, propagate, practice and forever 
perpetuate religious worship, services, sacraments and teach- 
ings in full accordance and unity with the doctrine, ritual, canon 
law, faith, practice, discipline, traditions and usages of the 
Orthodox Church and for the carrying out of the said purpose 
and intent to maintain a religious organization which will be 
adherent and obedient to the Orthodox ecclesiastical juris- 
diction and authority and which shall recognize and remain 
subject to the duly appointed and canonical Orthodox hierarch, 
archbishop, bishop or administrator appropriate for the 
Orthodox communicant members comprising the same. 

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

[Approved April 21, 1955.] 



CHAPTER 89. 



AN ACT CONTINUING THE COMMISSION TO STUDY THE USE OF 

ASSIGNED TELEVISION CHANNELS FOR EDUCATIONAL 

PURPOSES. 

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

1. Commission Continued. Amend section 2 of chapter 234 
of the Laws of 1953 by striking out the word "two" in the 
second line and inserting in place thereof the word, four, so 
that said section as amended shall read as follows : 2. Term 
of Office. Members shall be appointed to serve on the com- 
mission for four years or until its work is completed or as shall 
be determined by the governor. 

2. Change of Date. Amend section 10 of chapter 234 of the 
Laws of 1953 by striking out said section and inserting in 



1955] Chapter 90 119 

place thereof the following: 10. Reports. The commission 
shall work under the general direction of the governor and 
shall make periodic reports to the legislative council. The com- 
mission shall make a final report to the legislative council on 
or before October 30, 1956 which shall include recommend- 
ations for appropriate legislation for submission to the 1957 
session of the general court. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 26, 1955.] 



CHAPTER 90. 



an act providing for the application of motor vehicle 

laws on highways on land owned by the 

United States of America. 

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

1. Motor Vehicle Laws. Amend chapter 115 of the Re- 
vised Laws (chapter 259, RSA) by adding at the end thereof a 
new section: 16, Highways on Government Owned Land. 

All provisions of law and city or town ordinances relating to 
motor vehicles shall be in force on any "way" as defined in 
paragraph XXXIV, section 1 of chapter 115 of the Revised 
Laws, or any street, road or public passageway for motor 
vehicles established by the United States of America, located 
on land in this state owned in the name of the United States of 
America, or any department or agency thereof, in which the 
state of New Hampshire, or a political subdivision thereof, has 
retained its civil and criminal jurisdiction or concurrent civil 
and criminal jurisdiction on such land. 

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

[Approved April 26, 1955.] 



120 Chapters 91, 92 [1955 

CHAPTER 91. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE 

WATERS IN Grafton county. 

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 accordance 
with the provisions of chapter 166-A of the Revised Laws as 
inserted by chapter 183, Laws of 1947 and amended by chap- 
ter 1, Laws of 1950 (chapter 149, RSA) as follows: 

I. All the surface waters within the watershed tributary 
to the east bank of the Pemigewasset River, between Horner 
Brook and Willow Brook, inclusive, in the towns and places of 
Lincoln, Woodstock, Livermore, Thornton, and Waterville, from 
their sources to confluence with the Pemigewasset River, 
Class B-1. 

2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved April 26, 1955.] 



CHAPTER 92. 

an act to PROVIDE COVERAGE FOR CERTAIN CIVILIAN EMPLOYEES 

OF THE NATIONAL GUARD UNDER THE OLD AGE AND 

SURVIVORS INSURANCE PROVISION OF TITLE II 

OF THE Federal Social Security Act, 
AS amended. 

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

1. Civilian Employees. Amend paragraph III of section 2 
of chapter 234 of the Laws of 1951 (section 2, chapter 101, 
RSA) by striking out said paragraph and inserting in place 
thereof the following: III. The term "employee" includes 
an official or officer of this state or political subdivision there- 
of; and for the purposes of this chapter, civilian employees of 
the national guard of this state who are employed pursuant to 
section 90 of the national defense act of June 3, 1916 (32 
U.S.C., sec. 42) and paid from funds allotted to the such units 



1955] Chapter 93 121 

by the department of defense, shall be deemed to be employees 
of the state and shall be deemed to be a separate coverage 
group. 

2. Cost of Administration. Amend section 7 of chapter 234 
of the Laws of 1951 (section 7, chapter 101, RSA) by adding 
at the end thereof the following sentence : The pro-rata share 
of the cost of administration attributable to the coverage here- 
on of the civilian employees of the national guard described in 
paragraph III of section 2 shall be a charge against the appro- 
priation for the adjutant-general, so that said section as 
amended shall read : 

7. Administration. For the purpose of providing funds 
for the cost of administering the provisions of this act the 
state agency is hereby authorized to certify to each division 
of the state or to any political subdivision which has adopted 
the provisions of this act a pro-rata share of the cost of 
administration of this act by the state agency based upon the 
number of members of said state division or political sub- 
division coming within the provisions of this act. The contri- 
butions payable by employers whose employees participate in 
the system provided for hereunder shall include the pro-rata 
share of the cost of administration provided for herein and 
the amounts so certified shall be a charge against said em- 
ployer. The pro-rata share of the cost of administration 
attributable to the coverage hereon of the civilian employees of 
the national guard described in paragraph III of section 2 
shall be a charge against the appropriation for the adjutant- 
general. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 26, 1955.] 



CHAPTER 93. 



AN ACT RELATING TO SATISFACTION OF JUDGMENTS BY MOTOR 
VEHICLE OWNERS AND OPERATORS. 

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

1. Motor Vehicle Financial Responsibility. Amend section 
5 of chapter 122 of the Revised Laws as amended by section 1, 



122 Chapter 94 [1955 

chapter 85, Laws of 1943 and section 1, chapter 66, Laws of 
1951 (section 5, chapter 268, RSA) by adding at the end there- 
of the following new paragraph: VIL Notwithstanding the 
provisions of section 7 of this chapter or any determination 
previously made by the commissioner under this section, the 
commissioner, upon receipt of satisfactory evidence that there 
is an unsatisfied judgment against any owner or operator re- 
quired by section 19 of chapter 118 to report an accident which 
judgment was rendered in an action for damages to property or 
for personal injuries arising out of said accident, shall, until 
said owner or operator or both shall have satisfied said judg- 
ment to the extent required by section 10 of this chapter, 
suspend the license and registration certificate and registra- 
tion plates, if any, of said operator and owner. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 26, 1955.] 



CHAPTER 94. 



AN ACT RELATING TO REPEAL OF MOTOR VEHICLE LIABILITY 
BOND PROVISIONS. 

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

1. Motor Vehicles, Financial Responsibility, Motor Vehicle 
Liability Bond. Paragraph VIII of section 1 of chapter 122 and 
section 17 of chapter 122 of the Revised Laws are hereby re- 
pealed. 

2. Procedure. Amend paragraph IV of section 5 of chap- 
ter 122 as inserted by chapter 66 of the Laws of 1951 (section 
5, chapter 268, RSA) by striking out the words "or bond" 
in the third, fourth and seventh lines thereof so that said para- 
graph as amended shall read as follows: IV. Within fifteen 
days after the receipt of notice of such accident, the insurance 
carrier or surety company which issued such policy shall notify 
such commissioner in such manner as he may require in case 
such policy was not in effect at the time of such accident. If no 
such notification is received within such fifteen days, such 



1955] Chapter 94 123 

commissioner may assume that such a policy was in effect at 
the time of the accident. 

3. Surety. Amend paragraph VI of section 5 of chapter 
122 of the Revised Laws as inserted by section 2 of chapter 66 
of the Laws of 1951 (section 5, chapter 268, RSA) by striking 
out the words "or bond" in the first, sixth, seventh, thirteenth 
and fourteenth lines thereof so that said paragraph as amend- 
ded shall read as follows : VL No such policy shall be effective 
under this section unless issued by an insurance company or 
surety company 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 the most recent 
renewal thereof, such policy may be accepted from an insur- 
ance company or surety company not authorized to do business 
in this state if it shall be approved by the insurance commis- 
sioner 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 arising out of such accident; provided, however, 
every such policy shall provide the same degree of security as 
required by this chapter. 

4. Damages. Amend paragraph V of section 16 of chapter 
.122 of the Revised Laws (section 16, chapter 268, RSA) by 
striking out the words "or a motor vehicle liability bond, as 
defined in section 1" in the third line thereof and by striking 
out the words "or bond" in the sixth, seventh and ninth lines 
thereof so that said paragraph as amended shall read as 
follows : V. Damages shall not be assessed except by special 
order of the court in an action of tort, payment of the judg- 
ment wherein is secured by a motor vehicle liability policy, and 
wherein the defendant has been defaulted for failure to enter 
an appearance until the expiration of thirty days after the 
plaintiff has given notice of such default to the company issuing 
or executing such policy and has filed an aflfidavit thereof. 
Such notice may be given by mailing the same, postage pre- 
paid, to the said company or to its agent who issued or executed 
such policy. Upon receipt of information and having become 
satisfied that the insured has failed to comply with the terms 
of his policy in regard to notice to the company of an accident, 



124 Chapter 95 [1955 

the commissioner shall revoke his license and registration for 
such period as the commissioner shall determine. 

5. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 26, 1955.] 



CHAPTER 95. 



AN ACT RELATIVE TO PREREQUISITES FOR BURIAL PERMITS AND 
PREPARATION OF DEATH CERTIFICATES. 

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

1. Burial Permits. Amend section 54 of chapter 168 of 
the Revised Laws (section 8, chapter 290, RSA) by striking 
out the first sentence and inserting in place thereof the follow- 
ing: No such permit shall be issued until there has been de- 
livered to the board a satisfactory written statement contain- 
ing the facts required by section 46 hereof, together with the 
certificate of the attending physician, or the medical referee, 
so that said section as amended shall read as follows: 54. 
Prerequisite. No such permit shall be issued until there has 
been delivered to the board a satisfactory written statement 
containing the facts required by section 46 hereof, together 
with the certificate of the attending physician, or the medical 
referee. Upon the receipt of such statement and certificate, the 
board shall forthwith countersign the same and transmit it to 
the city clerk for registration. 

2. Burials. Amend section 46 of chapter 168. Revised 
Laws, as amended by section 4, chapter 98, Laws of 1949 
(section 1, chapter 290, RSA) by inserting after the first 
sentence the following: The cause, or causes of death shall 
be printed or typed on all certificates required to be furnished 
under this section, so that said section as amended shall read 
as follows: 46. Death Certificates. Whenever a person 
shall die, or a stillborn child shall be brought forth, the physi- 
cian attending at the last sickness or bringing forth shall fill 
out and deliver to the funeral director, or to the town clerk, a 
certificate, duly signed, setting forth, as far as may be, the 



1955] Chapter 96 125 

facts required by rules of the state department of health as 
provided in chapter 337. The cause, or causes of death shall be 
printed or typed on all certificates required to be furnished 
under this section. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 26, 1955.] 



CHAPTER 96. 



AN ACT RELATIVE TO MEMBERSHIP OF THE WATER POLLUTION 

COMMISSION. 

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

1. Water Pollution Commission. Amend paragraph I of 
section 2, chapter 166-A, Revised Laws, as inserted by chapter 
183, Laws of 1947 (paragraph I, section 2, chapter 149, RSA) 
by striking out the word "executive" in the eighth line and in- 
serting in place thereof the word, planning, so that said para- 
graph as amended shall read as follows: L There is hereby 
created a commission to be known as the New Hampshire 
Water Pollution Commission which shall consist of one member 
to be appointed by the governor with the consent of the council 
for a term of six years, who shall act as chairman of said com- 
mission; the state health officer; the director of the fish and 
game department; the director of the division of recreation of 
the forestry and recreation department; the planning director 
of the planning and development commission ; one of the com- 
missioners of the public service commission to be named by the 
governor with the consent of the council; the chairman of 
water resources board; three members-at-large, two of whom 
shall represent the industrial interests of the state and the 
other an employee of any municipal or private water works of 
the state. The director of the division of sanitary engineering 
of the state department of health shall act as technical secre- 
tary without voting powers or privileges. The members-at- 
large shall be appointed by the governor with the consent of 
the council, and each shall hold office for a term of six years 
and until his successor shall be appointed and qualified; pro- 



126 Chapter 97 [1955 

vided that the original appointments shall be one for a term of 
two years, one for a term of four years and one for a term of 
six years. The members-at-large shall receive no compensation 
for their services but shall receive necessary traveling and 
other expenses while engaged in actual work of the commission. 
The other members of the commission shall receive no addi- 
tional compensation for their services as members of this com- 
mission other than their regular salaries or per diem expenses 
from their respective state departments, but shall receive their 
necessary traveling and other expenses while engaged in actual 
work of the commission, which said expenses shall be paid from 
the appropriations of this commission. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 26, 1955.] 



CHAPTER 97. 



AN ACT RELATIVE TO TAKING OTTER DURING SPECIAL OPEN SEASON 
FOR TAKING BEAVER. 

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

1. Fur-bearing Animals. Amend section 1 of chapter 244 
of the Revised Laws (section 1, chapter 210, RSA) as amended 
by chapter 65, Laws of 1955, by striking out said section and 
inserting in place thereof the following: 1. Otter, Mink, etc. 
Otter, mink, skunk, or muskrat may be taken and possessd 
from November first to February first. In addition to the above 
open season otter may be taken and possessed at any time 
when and any place where the director has declared an open 
season as provided in section 6. 

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

[Approved April 26, 1955.] 



1955] Chapter 98 127 

CHAPTER 98. 

AN ACT RELATIVE TO WORKMEN'S COMPENSATION. 

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

1. Notice of Claim. Amend section 14, chapter 216 of the 
Revised Laws as inserted by section 1, chapter 266, Laws of 
1947 (section 16, chapter 281, RSA) by striking out the words 
"six months" in the eighth, tenth and thirteenth lines and in- 
serting in place thereof the words, ninety days, so that said 
section as amended shall read as follows: 14. Notice of 
Claim. No proceedings for compensation, other than medical, 
hospital services, other remedial care, or property damage as 
provided in the following sections, shall be maintained unless 
notice of the accident as hereinafter provided has been given 
to the employer as soon as practicable after the happening 
thereof, and before the workman has voluntarily left the em- 
ployment in which he was injured, and within ninety days from 
the occurrence of the accident; or in case of the death of the 
workman, or in the event of his physical or mental incapacity, 
within ninety days after such death or the removal of such 
physical or mental incapacity; or, in the event that weekly 
payments have been made hereunder, within ninety days after 
.such payments have ceased. 

2. Contents. Amend section 16 of said chapter 216 (sec- 
tion 18, chapter 281, RSA) by inserting after the word 
"accident" in the first line the words, in writing on blanks to 
be approved by the commissioner of labor, so that said section 
as amended shall read as follows: 16. Contents. Notice of 
the accident in writing on blanks to be approved by the com- 
missioner of labor shall apprise the employer of the claim for 
compensation hereunder, and shall state the name and address 
of the workman injured, and the date and place of the accident. 

3. Compensation for Death. Amend the first paragraph of 
section 20 of said chapter 216, as amended by chapter 202, 
Laws of 1949, chapter 74, Laws of 1951 and chapter 69, Laws 
of 1953 (section 22, chapter 281, RSA) by striking out said 
paragraph and inserting in place thereof the following: If 
death results from the injury, the employer shall pay to, or for 
the dependent or dependents of the deceased employee, as de- 



128 Chapter 98 [1955 

fined in section 1, for a period not to exceed three hundred and 
forty-one 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 twenty nor more than thirty-three 
dollars per week unless the injured employee's average weekly 
wages as defined herein are less than twenty dollars per week, 
in which case the compensation shall be the full amount of said 
average weekly wages ; provided that the total amount payable 
on account of a single death shall not exceed the sum of eleven 
thousand two hundred and fifty dollars. Any weekly payments 
made under sections 21, 23, or 24 shall be deducted from the 
total period of three hundred and forty-one weeks and the 
maximum of eleven thousand two hundred and fifty dollars. 

4. Compensation for Death. Amend paragraph IV of said 
section 20 by striking out the word "three" in the second line 
and inserting in place thereof the word, five, so that said para- 
graph as amended shall read as follows : IV. If the deceased 
employee leaves no dependents, the employer shall pay the 
expenses of burial not exceeding five hundred dollars. 

5. Compensation for Temporary Total Disability. Amend 
section 21 of said chapter 216, as amended by section 2, chapter 
202, Laws of 1949 and section 2, chapter 69, Laws of 1953 
(section 23, chapter 281, RSA) by striking out the word "ten" 
in the eighth and eleventh lines and inserting in place thereof 
the word, twelve; further amend by striking out the word 
"nineteen" in the fourteenth and seventeenth lines and insert- 
ing in place thereof the word, forty-one, so that said section as 
amended shall read as follows: 21. Compensation for Tem- 
porary Total Disability. Where the injury causes total dis- 
ability for work at any gainful occuption the employer, during 
such disability, but not including the first seven days thereof, 
unless such disability continues for seven days or longer, shall 
pay the injured employee a weekly compensation equal to 
sixty-six and two-thirds per cent of the employee's average 
weekly wages, but not less than twelve dollars nor more than 
thirty-three dollars per week, unless the injured employee's 
average weekly wages as defined herein are less than twelve 
dollars per week, in which case the compensation shall be the 
full amount of said average weekly wages. Payments shall not 
continue after the disability ends nor longer than three hun- 
dred and forty-one weeks, and in case the total disability be- 



1955] Chapter 98 129 

gins after a period of partial disability, the period of partial 
disability shall be deducted from such total period of three 
hundred and forty-one weeks. 

6. Compensation for Permanent Total Disability. Amend 
section 22 of said chapter 216, as amended by section 2, chapter 
74, Laws of 1951 and section 3, chapter 69, Laws of 1953 
(section 24, chapter 281, RSA) by striking out said section and 
inserting in place thereof the following: 22. Compensation 
for Permanent Total Disability. In case of the following in- 
juries, 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 twenty dollars a week, unless the injured employee's 
average weekly wages as defined herein are less than twenty 
dollars per week, in which case the compensation shall be the 
full amount of said average weekly wages. The total amount 
payable on account of one accident shall not exceed eleven 
thousand two hundred and fifty dollars. 

7. Compensation for Temporary Partial Disability. Amend 
section 23 of said chapter 216, as amended by section 4, chap- 
ter 69, Laws of 1953 (section 25, chapter 281, RSA) by strik- 
ing out the word "nineteen" in the tenth and thirteenth lines 
and inserting in place thereof the word, forty-one, so that said 
section as amended shall read as follows : 23. Compensation 
for Temporary Partial Disability. Where the disability for 
work resulting from an injury is partial, the employer during 
such disability, but not including the first seven days thereof, 
unless such disability continues for seven days or longer, shall 
pay to the injured employee a weekly compensation equal to 



130 Chapter 98 [1955 

sixty-six and two-thirds per cent of the difference between 
his average weekly wage before the injury and the average 
weekly wage which he is able to earn thereafter. Payments 
shall not continue after the disability ends, nor longer than 
three hundred and forty-one weeks, and in case the partial 
disability begins after a period of total disability, the period 
of total disability shall be deducted from such total period of 
three hundred and forty-one weeks. 

8. Compensation. Amend section 24 of said chapter 216, 
as amended by section 1, chapter 75, Laws of 1951 and section 
5, chapter 69, Laws of 1953 (section 26, chapter 281, RSA) by 
striking out said section and inserting in place thereof the 
following: 24. Permanent Partial Disability. In case of 
disability partial in character but permanent in quality, com- 
pensation computed as provided in section 21, except that the 
minimum shall be not less than twenty dollars a week unless 
the injured employee's average weekly wages as defined herein 
are less than twenty dollars per week, in which case the com- 
pensation shall be the full amount of said average weekly 
wages, shall be paid to the employee as follows : 

L Arm lost, two hundred fourteen weeks' compensation, 
plus for actual healing period not in excess of thirty-four 
weeks' compensation; 

IL Hand lost, one hundred seventy-five weeks' compen- 
sation, plus for actual healing period not in excess of thirty- 
four weeks' compensation; 

in. Thumb lost, fifty weeks' compensation, plus for 
actual healing period not in excess of twenty-six weeks' com- 
pensation ; 

IV. Index finger lost, thirty-one weeks' compensation, 
plus for actual healing period not in excess of nineteen weeks' 
compensation ; 

V. Middle finger lost, twenty-six weeks' compensation, 
plus for actual healing period not in excess of thirteen weeks' 
compensation ; 

VI. Ring finger lost, nineteen weeks' compensation, plus 
for actual healing period not in excess of nine weeks' compen- 
sation ; 

VII. Little finger lost, thirteen weeks' compensation, 
plus for actual healing period not in excess of nine weeks' com- 
pensation ; 



1955] Chapter 98 131 

VIII. Leg lost, two hundred fourteen weeks' compen- 
sation, plus for actual healing period not in excess of forty- 
three weeks' compensation; 

IX. Foot lost, one hundred fifty-one weeks' compensation, 
plus for actual healing period not in excess of thirty-four 
weeks' compensation; 

X. Great toe lost, twenty-six weeks' compensation, plus 
for actual healing period not in excess of thirteen weeks' com- 
pensation ; 

XI. Toe other than great toe lost, ten weeks' compen- 
sation, plus for actual healing period not in excess of nine 
weeks' compensation; 

XII. Eye lost, one hundred twenty-six weeks' compen- 
sation, plus for actual healing period not in excess of twenty- 
one weeks' compensation; 

XIII. Loss of hearing in one ear, fifty-two weeks' com- 
pensation ; 

XIV. Loss of hearing in both ears, two hundred four- 
teen weeks' compensation ; 

XV. Compensation for the loss of more than one 
phalange of a digit shall be the same as for the loss of an entire 
digit. Compensation for the loss of the first phalange shall be 
one-half of the compensation for the loss of the entire digit ; 

XVI. Compensation for an arm or leg if amputated at 
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 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 ; pro- 
vided however that if amputation or surgery subsequently be- 
comes necessary with respect to such member either because 



132 Chapter 98 [1955 

of the original injury or because of a subsequent accident said 
employee shall be entitled to an additional healing period not 
to exceed that provided for loss of said member, provided 
further that said employee shall not be entitled to additional 
compensation for loss of said member; 

XX. Compensation for permanent partial loss of use of 
a member shall bear such relation to the amounts stated in 
the preceding paragraphs as the disabilities bear to those pro- 
duced by the injuries named in said paragraph; provided how- 
ever that if amputation or surgery subsequently becomes 
necessary with respect to such member either because of the 
original injury or because of a subsequent accident said em- 
ployee shall be entitled to an additional healing period not to 
exceed that provided in the case of loss of said member, pro- 
vided further that said employee shall be entitled to additional 
compensation in an amount not exceeding the difference be- 
tween the amount provided for loss of said member and the 
amount previously awarded under this paragraph; 

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 ; 

XXII. In the event that an employee has been awarded 
compensation for loss of a member under this section and in 
the event that amputation or surgery becomes necessary, with 
respect to another member of which the original member was 
or is a component part, either because of the original injury 
or because of a subsequent accident said employee shall be en- 
titled to an additional healing period not to exceed that pro- 
vided for loss of the member with respect to which surgery 
or amputation is necessary; provided further that said em- 
ployee shall be entitled to additional compensation in an amount 
not exceeding the difference between the amount originally 
awarded and the amount provided for loss of the member with 
respect to which amputation or surgery subsequently becomes 
necessary. 

9. Maximum Benefits, Limitation of. Amend section 28 
of said chapter 216, as amended by section 3, chapter 202, Laws 
of 1949, section 3, chapter 74, Laws of 1951, and section 6, 
chapter 69, Laws of 1953 (section 30, chapter 281, RSA) by 
striking out said section and inserting in place thereof the 
following: 28. Maximum Benefits. In no case, except as 



1955] Chapter 98 133 

provided in sections 20, 22, 24, and 27, shall the weekly com- 
pensation payable under this chapter exceed sixty-six and two- 
thirds per cent of the average weekly wages, or exceed thirty- 
three dollars per week in amount, nor shall the total compen- 
sation exceed the sum of eleven thousand two hundred and 
fifty dollars, nor shall any payments, including medical, hospi- 
tal services, and other remedial care under section 19, extend 
over a period of more than three hundred and forty-one weeks 
from the date of the injury. 

10. Hearings and Awards. Amend section 35 of said 
chapter 216, as amended by section 1, chapter 277, Laws of 
1949 (section 37, chapter 281, RSA) by striking out said sec- 
tion and inserting in place thereof the following: 35. Hear- 
ings and Awards. If the compensation is not fixed by agree- 
ment, either party may petition for hearing and award in the 
premises to the commissioner of labor. When the petition for 
hearing and award in the premises is made by either party, 
said commissioner shall set a time and place for hearing and 
give at least fourteen days' notice thereof to the parties by 
giving notice in hand or by registered mail sent to his last 
known place of abode. At such hearing full consideration shall 
be given to all evidence which may be presented and within 
thirty days thereafter said commissioner shall make his award 
setting forth his findings of fact and the law applicable there- 
to, and shall forthwith send to each of the parties a copy of 
such award. Petition for hearing and award in the premises 
may be made by either party to the superior court, on appeal 
from an award made by the commissioner of labor, the 
venue to be according to civil actions in personam between 
the same parties, and the court shall set a time and place 
for hearing and order at least fourteen days' notice thereof 
to the parties. Such petition shall be filed within sixty days 
of the date of said commissioner's award. At such hearing a 
full trial shall be had before a justice of the superior court, 
without jury, and within thirty days thereafter the court 
shall make its award setting forth its findings of fact and the 
law applicable thereto, and the clerk of court shall forthwith 
send to each of the parties and to the commissioner of labor 
copies of such award. 

11. Modification of Awards and Agreements; Effect. 

Amend section 38, of said chapter 216, as amended by section 



134 Chapter 99 [1955 

4, chapter 277, Laws of 1949 (section 40, chapter 281, RSA) 
by striking out said section and inserting in place thereof the 
following: 38. Modification of Awards and Agreements; 
Effect. Upon application of any party in interest upon the 
ground of change in the conditions, mistake as to nature or 
extent of injury or disability, fraud, undue influence or coer- 
cion, the commissioner of labor may, not later than one year 
after the date of the last payment fixed by the award, review 
said award, and upon such review, may make an order ending, 
diminishing or increasing the compensation previously 
awarded, subject to the maximum or minimum provided in 
this chapter and shall state his conclusions of fact and rulings 
of law. Such a review shall not affect such award as regards 
any money already paid. All procedure on such an application 
shall be the same as herein provided for original hearings. 
Appeal from the decision of the commissioner of labor to the 
superior court may be made in the same manner as provided in 
section 35. 

12. Takes Effect. This act shall take effect as of July 1, 
1955. 
[Approved April 26, 1955.] 



CHAPTER 99. 



AN ACT RELATIVE TO ANNUAL REPORTS BY SMALL LOAN 

LICENSEES AND THE ISSUANCE OF LICENSES FOR 

SMALL LOAN BUSINESS. 

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

1. Small Loans. Amend section 14-a of chapter 319 of the 
Revised Laws, as inserted by chapter 217, Laws of 1949 
(section 15, chapter 399, RSA) by striking out said section and 
inserting in place thereof the following : 14-a. Annual Report. 
Every licensee shall file annually with the bank commissioner 
within thirty days after the last business day of June in each 
year a report under oath setting forth such relevant informa- 
tion as he reasonably may require concerning the condition of 
the business as of June thirtieth for each licensed place of busi- 
ness conducted by such licensee within the state. Among other 



1955] Chapter 99 135 

things, such report shall identify the licensee and licensed 
place of business and set forth a list of all the assets used and 
useful in conducting the business, both tangible and intangible, 
the gross income and expenses including all taxes for the year, 
the earnings of the year and the rate thereof in relation to 
all assets. The income and expenses may be reconciled to the 
surplus account. The report shall also set forth the number 
and dollar size of loans made during the year and outstanding 
at the beginning and end of the year; loans shall be classified 
by size and collateral; it shall require a summary of delin- 
quency and seizure of chattels in use by the borrower and court 
actions shall be given. Such report shall be in the form pre- 
scribed by the commissioner who shall make and publish 
annually an analysis and recapitulation of such reports for the 
entire state. 

2, Small Loan Licenses. Amend section 6 of chapter 319 
of the Revised Laws (chapter 399, section 6, RSA) by striking 
out said section and inserting in place thereof the following: 
6. Issue and Denial. Upon the filing of such application, the 
approval of said bond and the payment of said fee, the com- 
missioner, if the applicant is safe, reliable and entitled to con- 
fidence and if the commissioner finds that allowing the appli- 
cant to engage in business will promote the convenience and 
advantage of the community in which the business of the 
applicant is to be conducted shall issue a license to the appli- 
cant to make loans in accordance with the provisions of this 
chapter. Such license shall not be assigned. If the commis- 
sioner shall not so find, he shall enter an order denying such 
application and forthwith notify the applicant of the denial, 
returning the license fee. Within ten days after the entry 
of such an order he shall put in writing his findings and a 
summary of the evidence supporting them and shall forthwith 
deliver a copy thereof to the applicant and retain the original 
thereof on file. 

3. Takes Effect. This act shall take effect as of April 1, 
1955. 

[Approved April 26, 1955.] 



136 Chapter 100 [1955 

CHAPTER 100. 

AN ACT RELATIVE TO SPECIAL FISH AND GAME LICENSES FOR 
MEMBERS OF THE ARMED FORCES OF THE UNITED STATES. 

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

1. Resident Members of the Armed Services. Amend sec- 
tion 1 of chapter 103 of the Laws of 1953 (section 3, chapter 
214, RSA) by striking out said section and inserting in place 
thereof the following: 1. Fish and Game Licenses. Any 

resident of this state who is on regular active duty with any 
branch of the armed forces of the United States, may make 
application to the director of fish and game or his agent for a 
special license to hunt and fish. Such applicant shall submit 
satisfactory evidence of his membership in such service of the 
United States, and the director, or his agent, may in his dis- 
cretion, issue to such applicant a special 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 Title XX of the 
Revised Laws, except as otherwise provided in this section. 
Such license shall have marked or stamped thereon the words 
"resident servicemen's license." There shall be no fee for such 
a license. 

2. Nonresident Members of the Armed Services. Amend 
section 2 of chapter 103 of the Laws of 1953 (section 4, chapter 
214, RSA) by striking out said section and inserting in place 
thereof the following: 2. Nonresidents. Any nonresident 
who is on regular active duty with any branch of the armed 
forces of the United States who is quartered in the state, or 
who is a guest of a resident, may make application to the 
director or his agent for a special license to hunt and fish as 
provided in the preceding section for residents. Such license 
for a nonresident shall have marked or stamped thereon the 
words "nonresident servicemen's license" and the fee to be 
paid to the director or his agent for such license shall be the 
same as that for a regular resident combination hunting and 
fishing license. 

3. Takes Effect. This act shall take effect on January 1, 
1956. 

[Approved April 26, 1955.] 



1955] Chapters 101, 102 137 

CHAPTER 101. 

AN ACT RELATIVE TO EXCEPTIONS TO FOREIGN CORPORATIONS 
OPERATING MOTOR VEHICLES IN INTRASTATE COMMERCE. 

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

1. Addition to Exceptions. Amend section 23 of chapter 
289 of the Revised Laws (section 25, chapter 374, RSA) by 
adding at the end the words, or to any foreign corporation 
duly authorized by the Interstate Commerce Commission to 
operate motor vehicles for the carriage of passengers for hire 
in interstate commerce over the highways of this state which 
presently conducts or desires to conduct the business of trans- 
portation of passengers and/or baggage, mail, newspapers and 
express in the same vehicles with passengers for hire by motor 
vehicles in intrastate commerce, so that said section as 
amended shall read as follows: 23. Exceptions. The pro- 
visions of the preceding section shall not apply to any corpo- 
ration operating a public utility plant in this state on 
June 1, 1911, or doing or desiring to do an interstate busi- 
ness, or to any foreign corporation duly authorized by the 
Interstate Commerce Commission to operate motor vehicles 
for the carriage of passengers for hire in interstate commerce 
over the highways of this state which presently conducts or 
desires to conduct the business of transportation of passengers 
and/or baggage, mail, newspapers and express in the same 
vehicles with passengers for hire by motor vehicles in intra- 
state commerce. 

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

[Approved April 26, 1955.] 



CHAPTER 102. 

AN ACT RELATIVE TO THE BAG LIMIT FOR HORNED POUT. 

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

1. Horned Pouts. No person may take more than forty 
horned pouts between twelve o'clock noon in one day and 



138 Chapter 103 [1955 

twelve o'clock noon of the following day, during the open sea- 
son for taking horned pouts. 

2. Application of Statutes. Except as otherwise provided 
under the provisions of section 1 hereof all provisions relative 
to taking horned pout under Title XX or regulations of the 
director of fish and game shall remain in force. 

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

[Approved April 26, 1955.] 



CHAPTER 103. 

AN ACT RELATIVE TO NOMINATIONS FOR INCOMPATIBLE OFFICES. 

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

1. Primary Election. Amend chapter 33 of the Revised 
Laws (chapter 56, RSA) by inserting after section 50 the 
following new section : 50-a. Limitation. Any person who 
is nominated by the same political party for incompatible 
offices shall notify the secretary of state within six days from 
the publication of notice provided by section 48, which of said 
nominations he will accept. Thereupon the secretary of state 
shall declare a vacancy exists in the nomination for office said 
person has declined, which vacancy shall be filled as provided in 
section 52. 

2. Nominees. Amend section 50 of chapter 33, Revised 
Laws (section 53, chapter 56, RSA) by inserting at the end 
thereof the words, except as otherwise provided in section 50-a, 
so that said section as amended shall read as follows: 50. 
Plurality. Persons voted for at a primary, who receive a 
plurality of all the votes cast by a party, shall be candidates of 
that party for the office designated in the ballot, or the dele- 
gates of such party from their respective towns and wards, ex- 
cept as otherwise provided in section 50-a. 

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

[Approved April 27, 1955.] 



1955] Chapters 104, 105 139 

CHAPTER 104. 

.AN ACT RELATING TO THE RETURN DAY OF EXECUTIONS ISSUED 
BY THE SUPERIOR COURT. 

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

1. Executions, Returnable How. Amend Revised Laws, 
chapter 399, section 2 (RSA, chapter 527, section 2) by strik- 
ing out all after the words "made returnable", and by sub- 
stituting therefor, at any return day within six months from 
date of issuance; so that as amended said section shall read: 
2. When Returnable. Executions issued by the superior 
court may be made returnable at anj^ return day within six 
months from date of issuance. 

2. Subsequent Return Day. Amend Revised Laws, chap- 
ter 399, section 4 (RSA, chapter 527, section 4) by striking out 
said section and inserting in place thereof the following: 4. 
Extension of Return Day. The superior court, on application 
and notice to the debtor may order the return day of an exe- 
cution issued by the court to be changed to any subsequent re- 
turn day as justice may require; which order shall be recorded 
upon the clerk's record of the judgment and execution. 

3. Repeal, Takes Effect. Section 3 of Revised Laws, chap- 
ter 399 (RSA, chapter 527, section 3) is hereby repealed and 
this act shall take effect upon its passage. 

[Approved April 27, 1955.] 



CHAPTER 105. 

AN ACT RELATIVE TO A SMALL GAME LICENSE FOR COOS COUNTY. 

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

1. Hunting Licenses. Amend section 6 of chapter 247 
Revised Laws (chapter 214, RSA) by inserting after para- 
graph Ill-a, as inserted by section 3, chapter 163, Laws of 
1947, the following new paragraph : Ill-b. If the applicant 
is a nonresident and wishes to hunt game other than deer or 
bear, in Coos county, ten dollars and twenty-five cents, and 



140 Chapters 106, 107 [1955 

said agent shall thereupon issue a nonresident Coos county 
small game license which shall entitle a licensee to hunt, shoot, 
or take game, birds, and game animals, with the exception of 
deer and bear, during the month of October only. 

2. Takes Eflfect. This act shall take effect upon its 
passage. 
[Approved April 27, 1955.] 



CHAPTER 106. 



AN ACT RELATIVE TO TROLLING WITH LARGER SPINNERS IN 
RECLAIMED TROUT PONDS. 

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

1. Fishing on Reclaimed Trout Ponds. Amend chapter 
245 of the Revised Laws (chapter 211, RSA) by inserting after 
section 37 the following new section: 37-a. Prohibited De- 
vices. No person shall use a spinner or spinners, total com- 
bined length of all blades not to exceed four inches, when 
trolling for fish in reclaimed trout ponds except in Back Lake 
"in the town of Pittsburg and Mirror Lake in the town of 
Whitefield. Whoever violates any of the provisions of this 
section shall be fined twenty-five dollars and the director shall 
suspend his fishing license for a period of one year. The pro- 
visions of this section shall not be construed as affecting fly 
fishing in regular ponds. 

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

[Approved April 27, 1955.] 



CHAPTER 107. 



AN ACT TO PROVIDE FOR NOTICE WHEN A HIGHWAY RUNNING 
BETWEEN TWO TOWNS IS DISCONTINUED. 

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

1. Discontinuance of Highways. Amend part 9 of chapter 
90 of the Revised Laws, as inserted by chapter 188, Laws of 



1955] Chapter 108 141 

1945 (chapter 238, RSA) by inserting after section 1 the 
following new section: 1-a. Notice Required. When any 
class IV, V or VI highway, which joins a highway in another 
town, has been discontinued by vote of the town the selectmen 
of the town wherein the highway has been so discontinued 
shall notify the selectmen of said adjoining town, by registered 
mail, of the fact of said discontinuance. Said notification shall 
be made within fifteen days after the action of discontinuance 
has been taken. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 27, 1955.] 



CHAPTER 108. 



AN ACT RELATIVE TO JEOPARDY ASSESSMENT ON 
PERSONAL PROPERTY. 

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

1. .Assessment of Taxes. Amend chapter 77 of the Re- 
vised Laws (chapter 76, RSA) by inserting after section 7 the 
following new section: 8. Jeopardy Assessment. Whenever it 
shall appear to the selectmen or assessors that the owner or 
the person to whom personal property is assessed may leave 
town or such taxable property may be removed from town be- 
fore the regular list of property taxes and warrant is com- 
mitted to the collector or otherwise not be available at such 
time, they may, after April first, make a reasonable jeopardy 
assessment of the taxes against the owner or person to whom 
such property is assessed and commit a warrant to the 
collector for the same, and the collector after making written 
demand for such taxes may immediately use any of the 
remedies provided by law to collect the taxes committed to him 
in such warrant. If it later appears that such jeopardy tax 
payment was in excess of the amount of taxes due the over 
plus together with six per cent interest from the time of pay- 
ment to the time of refund shall be refunded to the person 
from whom the tax was collected. If such tax payment was in- 
sufficient to pay the normal tax later found to be due, then a 



142 Chapter 109 [1955 

further assessment may be made and may be collected in the 
same manner as the original assessment. 

2. Takes Effect. This act shall take effect as of April 1, 
1955. 
[Approved April 29, 1955.] 



CHAPTER 109. 



AN ACT RELATIVE TO GROSSLY CARELESS AND GROSSLY NEGLIGENT 
OPERATION OF MOTOR VEHICLES. 

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

1. Operation of Motor Vehicles. Amend section 12 of chap- 
ter 118, Revised Laws, as amended by section 1, chapter 180, 
Laws of 1951 (section 15, chapter 262, RSA) by striking out 
the last sentence thereof, so that said section as amended 
shall read as follows: 12. Reckless 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 purpose 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 offense 
he shall be imprisoned 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 reck- 
less 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 prosecution for manslaughter. 

2. Grossly Careless Operation. Amend chapter 118 of the 
Revised Laws by inserting after section 12 the following new 
section : 12-a. Grossly Careless or Grossly Negligent Opera- 
tion. Whoever upon any way operates a motor vehicle in a 
grossly careless or grossly negligent manner which said opera- 
tion does not constitute reckless operation of a motor vehicle 



1955] Chapter 109 143 

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. Grossly careless or grossly 
negligent operation, for the purposes of this section shall be 
that manner of operation of a motor vehicle which, although 
short of wilful and intentional wrong, is marked by more want 
of care than simple inadvertence and is carelessness sub- 
stantially and appreciably higher in magnitude than ordinary 
negligence or carelessness, or a high degree of indifference to 
the operator's duty. 

3. Penalties. Amend section 13 of chapter 118, Revised 
Laws, as amended by section 2, chapter 180, Laws of 1951, and 
section 1, chapter 229, Laws of 1951 (section 16, chapter 262, 
RSA) by inserting after the figure "12" in the second line the 
figure, 12-a, and further amend said section by inserting after 
the word "convicted" in the sixth line the words, or the right 
of a nonresident so convicted to operate within the state of 
New Hampshire, so that said section as amended shall read as 
follows: 13. Revocation of License. Upon a conviction of a 
violation of sections 12, 12-a or 16 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 sections 12 or 16, im- 
mediately revoke the license of the person so convicted, or the 
right of a nonresident so convicted to operate within the state 
of New Hampshire, and said court or justice in the case of 
holders of New Hampshire licenses shall return such license 
with his findings marked thereon, together with the court re- 
turn, to the commissioner; 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. 

4. Return of License in Appealed Cases. Amend section 14 
of chapter 118, Revised Laws, as amended by section 2, chapter 
180, Laws of 1951, and by section 2, chapter 229, Laws of 1951 
(section 17, chapter 262, RSA) by inserting after the figure 
"12" in the second line the words and figure, or section 12-a, 
so that said section as amended shall read as follows : 14. 
Suspension. Whenever any person convicted of a violation of 
section 12, or section 12-a, 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 



144 Chapters 110, 111 [1955 

convictions under said sections, forthwith suspend the license 
of such person, and in case of holders of New Hampshire 
licenses shall return such licenses, together with the court re- 
turn, to the commissioner, who shall not reissue said license 
until such person is acquitted. If the person so appealing is 
convicted the period of suspension shall be computed from the 
date of the initial conviction. 

5. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 29, 1955.] 



CHAPTER 110. 



AN ACT RELATIVE TO REQUIREMENT FOR USE OF SO-CALLED MUD 
FLAPS ON CERTAIN MOTOR VEHICLES. 

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

1. Required Equipment. Amend chapter 119 of the Re- 
vised Laws (chapter 263, RSA) by inserting after section 11 
the following new section : 11-a. Flaps; Guards. Every motor 
truck, bus, trailer, semi-trailer, operated in or upon any way, 
shall be equipped with suitable flaps or guards which will 
effectively reduce the throw, spray or splash to the rear, of 
water, dirt or other matter, caused by the rear wheels there- 
of. Such flaps or guards required shall be of a type and size pre- 
scribed and approved by the commissioner of motor vehicles. 

2. Takes Effect. This act shall take effect ninety days 
after its passage. 

[Approved April 29, 1955.] 



CHAPTER 111. 



AN ACT RELATIVE TO MEMBERS OF THE COUNTY CONVENTION 
V^^HO ARE NOT MEMBERS OF THE LEGISLATURE. 

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

1. County Convention. Amend chapter 44 of the Revised 
Laws by inserting after section 5-a as inserted by chapter 6 



1955] Chapter 112 145 

of the Laws of 1949 (chapter 24, RSA) the following new sec- 
tion : 5-b. Tie Votes. If the candidates for office as a mem- 
ber of the county convention from any town which shall not 
then have a representative to the general court shall have an 
equal number of votes the question of the election shall be re- 
ferred to the respective county convention which said conven- 
tion shall have authority to determine the dispute. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved April 29, 1955.] 



CHAPTER 112. 

AN ACT RELATIVE TO RETIREMENT SYSTEM FOR FIREMEN. 

Be it enacted by the Senate and House of Rev^esentatives in 
Gener^wl Court convened: 

1. Firemen. Amend section 13 of chapter 220 of the Re- 
vised Laws as amended by section 2, chapter 220, Laws of 
1949 (section 13, chapter 102, RSA) by striking out the words: 
"Upon the recommendation of his chief and the recommenda- 
tion of the association that any permanent fireman, who has 
•accepted this chapter, is capable of further rendering satis- 
factory service, the retirement board may extend the age of 
compulsory retirement for such fireman for five years," so that 
said section as amended shall read as follows : 13. Retirement. 
No voluntary retirements hereunder may take place before 
July 1, 1942. Any permanent fireman who accepts the pro- 
visions hereof may retire from active service at the age of 
sixty provided he has served as a permanent fireman for a 
period of twenty years. All permanent firemen who accept the 
provisions hereof and who have served as permanent firemen 
for twenty years shall retire from active service at the age of 
seventy. Any permanent fireman accepting the provisions 
hereof and having served for twenty years, who shall be dis- 
missed from service after having reached the age of sixty, 
shall be entitled to the benefits of this chapter. Upon retire- 
ment a permanent fireman shall no longer be obligated to pay 
assessments to the retirement fund. Call firemen who become 
permanent firemen may have one-half of their term of service 



146 Chapter 112 [1955 

as call firemen counted as part of their term of service as 
permanent firemen, provided that the five years immediately 
preceding retirement shall have been permanent service. The 
probationary periods of permanent firemen shall be counted as 
part of their term of service. 

2. Age Limit. Amend section 16-a of chapter 220, Revised 
Laws, as inserted by section 4, chapter 202, Laws of 1945, and 
as amended by section 5, chapter 54, Laws of 1947, (section 18, 
chapter 102, RSA) by striking out the word "twenty" in the 
third line and inserting in place thereof the word, fifteen, so 
that said section as amended shall read as follows: 16-a. 
Ordinary Disability; Medical Examination. Upon the appli- 
cation to the retirement board of a member in active service, 
any member who has fifteen or more years of creditable service 
may be retired on an ordinary disability retirement allowance 
of one-half his average actual salary, based upon the total 
salary earned over the period of years of service beginning 
with the date of his application to the benefits hereof to the 
date of his retirement; provided that, the physician or 
physicians designated by the board certify that he is mentally 
or physically incapacitated for the further performance of 
duty, that such incapacity is likely to be permanent, and that 
he should be retired. Once each year during the first years 
following the retirement of a member on a total and perma- 
nent disability, or ordinary disability retirement, and once in 
every three year period thereafter, the board may require any 
disability beneficiary, who has not attained age sixty-five, to 
undergo a medical examination by a physician or physicians 
designated by the board. If any disability beneficiary, who has 
not attained age sixty-five, refuses to submit to such medical 
examination, his retirement may be discontinued by the board, 
until his withdrawal of such refusal, and if his refusal con- 
tinues for more than a year, all his rights in and to his pension 
may be revoked by the board. If the physician or physicians 
designated by the board report and certify that the disability 
beneficiary is again able to engage in fire duty, his retirement 
allowance shall be discontinued. On his reinstatement to active 
service his rate of assessment shall be the same as assessed 
against him previous to the date of his disability, and his 
period of disability shall be considered as part of continuous 
service. If the retirement board finds that any member re- 



1955] Chapter 113 147 

tired on an ordinary disability allowance under this section is 
eng"aged in a gainful occupation paying more than the differ- 
ence between his annual retirement allowance and his final 
annual salary prior to retirement not in excess of twenty-five 
hundred dollars, then his disability shall be deemed to have 
diminished and his retirement allowance shall be reduced to an 
amount which, together with the amount then being earned by 
him, shall equal his final annual salarj^ at retirement, as stated 
above. If his earnings from such gainful occupation are later 
changed, his retirement allowance may be further modified by 
the retirement board; provided however, that his retirement 
allowance shall at no time exceed the original grant nor an 
amount which when added to the amount being earned by him 
equals his final annual salary at retirement, as stated above. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 5, 1955.] 



CHAPTER 113. 

AN ACT RELATIVE TO INHERITANCE TAXATION. 

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

1. Inheritance Taxes. Amend section 15-a of chapter 87 
of the Revised Laws as inserted by section 3, chapter 144, Laws 
of 1945 (section 22, chapter 86, RSA) by striking out said 
section and inserting in place thereof the following: 15-a. 
Report of Gifts and Transfers. Every executor and adminis- 
trator shall within six months from the date of his appoint- 
ment file with the appropriate register of probate and with the 
division of inheritance taxes, state tax commission, upon a 
form prescribed by that division, a report of the following so 
far as the same shall come to his knowledge : 

L A report of all transfers of real and personal property 
made by the decedent in contemplation of death or to take 
effect in possession or enjoyment at or after death. 

n. A report of all transfers of real and personal property 
during the last two years of the decedent's life if the property 



148 Chapter 114 [1955 

has a value of over five hundred dollars, except bona fide sales 
for a reasonable consideration in money or money's worth. 

III. A report of all real and personal propertj'^ held in 
joint tenancy by the decedent at the time of his death and the 
names and addresses of the survivors, if known. 

2. Gifts. Amend chapter 87, Revised Laws, (chapter 86, 
RSA) by inserting- after section 1 the following new section: 
1-a. Rebuttable; Presumption. Every deed, grant or com- 
pleted gift, except in case of a bona fide transfer for reasonable 
consideration in money or money's worth, made within two 
years prior to the death of the grantor or donor, shall, prima 
facie, be deemed to have been made in contemplation of the 
death of the grantor or donor. 

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

[Approved May 5, 1955, 1:14 P. M. Daylight Saving Time.] 



CHAPTER 114. 



AN ACT RELATIVE TO THE TAXATION OF PERSONAL PROPERTY ON 
LAND OF ANOTHER. 

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

1. Taxation. Amend chapter 74 of the Revised Laws, 
(chapter 73, RSA) by inserting after section 16 the following 
new section: 16-a. Personal Property on Land of Another. 

Whenever any person leaves upon the real estate of another 
person, with such person's consent, any taxable personal prop- 
erty, the tax upon the same may be assessed to the owner of 
the land provided a selectman or assessor before or at the 
time of taking the invoice gives notice in writing to such land 
owner that such personal property is to be taxed to him. An 
affidavit by the selectman or assessor g-iving such notice that it 
was given shall be evidence of the fact. The owner of the land 
shall have a lien upon such personal property for the payment 
of the tax. 

2. Takes Effect. This act shall take effect as of April 1, 
1955. 

[Approved May 5, 1955.] 



1955] Chapters 115, 116 149 

CHAPTER 115. 

AN ACT RELATIVE TO COMPENSATION OF THE NeW HAMPSHIRE 
MEMBERS OF THE MaINE-NeW HAMPSHIRE INTERSTATE 

Bridge Authority. 

Be it enacted by the Senate and Ho2ise of Representatives in 
General Court convened: 

1. Bridge Authority. Amend section 3 of chapter 86 of the 
Laws of 1937 by striking out the whole of said section and in- 
serting in place thereof the following: 3. Compensation of 
Members. Said members of said Authority for this state, 
other than the commissioner of public works and highways, 
shall be paid the sum of twenty dollars for each day in attend- 
ance at an official meeting of the authority and be reimbursed 
for necessary expenses incurred in the performance of his 
duties. The compensation and expenses provided for herein 
shall be a charge upon the funds of the Authority. 

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

[Approved May 5, 1955.] 



CHAPTER 116. 

AN ACT RELATING TO FALSE REPORTS OF CRIME. 

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

1. False Reports of Crime. Amend chapter 442 of the Re- 
vised Laws (chapter 572, RSA) by adding after section 39 
thereof the following new section: 40. False Reports of 
Crime. Whoever, intentionally and without reasonable cause, 
makes or causes to be made a false alarm or a false report of 
crime to a police officer or other law enforcement officer shall 
be punished by a fine of not more than one hundred dollars or 
by imprisonment for not more than six months. 

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

[Approved May 5, 1955.] 



150 Chapter 117 [1955 

CHAPTER 117. 

AN ACT RELATIVE TO ORDERS OF MAYOR AND ALDERMEN OR 
SELECTMEN FOR MUZZLING AND RESTRAINING DOGS. 

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

1. Muzzling and Restraining Dogs. Amend section 33 of 
chapter 180, Revised Laws, (section 29, chapter 466, RSA) by 
inserting before the words, "the maj^or" in the first line the 
words, After a hearing, if any is required by the provisions 
of section 33-a, so that said section as amended shall read as 
follows: 33. Order; Warrant. After a hearing, if any is re- 
quired by the provisions of section 33-a, the mayor and alder- 
men of a city or the selectmen of a town may order that any 
dog or dogs within the limits of such city or town respectively 
shall be muzzled or restrained from running at large during such 
time as shall be prescribed by such order. After passing such 
order and posting a certified copy thereof in two or more public 
places in such city or town, or, in case a daily newspaper is 
published in such cit)^ or town, publishing such copy once in 
such newspaper, the mayor and aldermen or selectmen may 
issue their warrant to one or more of the police officers or con- 
stables of such city or town, who shall, after twenty-four hours 
from the publication of such notice, kill all dogs found un- 
muzzled or running at large contrary to such order. 

2. Hearing. Amend chapter 180, Revised Laws, (chapter 
466, RSA) by inserting after section 33 the following new 
section : 33-a, Provisions. Before any order is promulgated 
under the provisions of section 33 the mayor and aldermen or 
selectmen shall hold a hearing on the question of such order. 
Said hearing shall be held under the provisions of chapter 61 
of the Revised Laws. Provided, however, that in the case of a 
rabies epidemic a hearing shall not be held and provided, 
further, that in the case of a special notice that a particular 
dog be muzzled or restrained from running at large as set 
forth in section 34, no prior hearing need be held. 

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

[Approved May 5, 1955.] 



1955] Chapter 118 151 

CHAPTER 118. 

AN ACT RELATIVE TO DISTRIBUTION OF CERTAIN ASSETS OF 
DISSOLVED BUSINESS CORPORATIONS. 

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

1. Business Corporations. Amend chapter 274 of the Re- 
vised Laws (chapter 294, RSA) by adding at the end thereof 
the following new subdivision : 

Missing Bondholders and Shareholders. 

125. Missing Bondholders and Shareholders. Upon the 
dissolution of any corporation organized under the laws of this 
state, if the whereabouts of the holder of record of any bond, 
certificate of stock or other securities issued by said corpora- 
tion shall be unknown so that distribution of said holder's 
share cannot be made to him, the treasurer and president of 
said corporation shall petition to the probate court of the 
county in which the principal place of business of said corpo- 
ration has been situated for authority to pay over the dis- 
tributive share of said holder of record to the state treasurer 
and if the court shall be satisfied that due diligence has been 
used to find the person entitled to such sum, shall decree that 
the same be paid over to the state treasurer, and such pay- 
ment shall be a discharge of the liability of such corporation 
to said holder. The court may in its discretion direct such 
further search for said holder or his heirs or successors in in- 
terest as it shall deem necessary. 

126. Advertising. Until disposal of said sum as pro- 
vided in section 127 the state treasurer shall once every two 
years insert in a newspaper having a general circulation in 
the state of New Hampshire an advertisement listing the 
names, last known addresses, name of the corporation from 
which the sum is derived, the nature of the original security 
and the sums so held by him and the cost of said advertise- 
ment shall be proportionately charged against each sum so held 
by him. 

127. Distribution of Unclaimed Sums. Any person en- 
titled to receive said sum may petition the probate court at 
any time before the final disposition thereof under this chapter 
and payment to him shall be decreed upon notice and hearing. 
At the expiration of six years after the payment to the state 



152 Chapters 119, 120 [1955 

treasurer, the probate court, after petition and upon such 
pubhcation of other notice as the court shall order, shall de- 
cree all unclaimed sums to be the property of the state. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 5, 1955.] 



CHAPTER 119. 



AN ACT RELATIVE TO MINIMUM SPEED REGULATION FOR 
MOTOR VEHICLES. 

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

1. Enforcement. Amend section 31 of chapter 119 of the 
Revised Laws (section 55, chapter 263, RSA) by adding at the 
end thereof the following, and such operation shall be a mis- 
demeanor, so that said section as amended shall read as 
follows: 31. Minimum Speed Regulation. No person shall 
drive a motor vehicle at such slow speed as to impede or block 
the normal and reasonable movement of traffic except when 
reduced speed is necessary for safe operation or in compliance 
with law, and such operation shall be a misdemeanor. 

2. Repeal. Section 32 of chapter 119 of the Revised Laws 
(section 56, chapter 263, RSA), relative to enforcement of 
speed regulation, is hereby repealed. 

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

[Approved May 5, 1955.] 



CHAPTER 120. 

AN ACT RELATIVE TO THE DISPOSITION OF FINES. 

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

1. Police Employees. Amend section 10 of chapter 145 of 
the Revised Laws, as amended by section 2, chapter 94, Laws 



1955] Chapter 121 153 

of 1949 and by section 12, chapter 163, Laws of 1951, (section 
11, chapter 106, RSA) by striking out said section and insert- 
ing in place thereof the following new section: 10. Dis- 
position of Fines and Forfeitures. Any fee for the perform- 
ance of an act in line of duty or reward for the apprehension 
or conviction of any person, or for the recovery of any prop- 
erty, received by or payable to an employee, shall be paid by 
him to the commissioner of motor vehicles who shall immedi- 
ately forward the same to the state treasurer. All fines and 
forfeitures assessed against any violator of any law of the 
state relative to the use and operation of motor vehicles 
apprehended or prosecuted by a police employee shall be sent, 
except as hereinafter provided, by the court collecting the same 
from such law violator to the commissioner of motor vehicles 
within seven days from their payment, and by him immedi- 
ately paid into the state treasur5^ 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 hereunder by a municipal court which would under 
the provisions hereof be payable to the commissioner of motor 
vehicles the municipal court shall, before forwarding, deduct 
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. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 5, 1955.] 



CHAPTER 121. 

AN ACT RELATING TO AN INTERSTATE COMPACT ON JUVENILES. 

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

1. Authorization. The governor on behalf of this state is 
hereby authorized to enter into a compact, substantially in the 
following form, with any other state or states legally joining 
therein, and the legislature hereby signifies in advance its 
approval and ratification of such compact so entered into, such 



154 Chapter 121 [1955 

approval and ratification to be effective upon the filing of a 
copy of such compact in the office of the secretary of state. 

INTERSTATE COMPACT ON JUVENILES 

The contracting states solemnly agree : 

Article I 
Findings and Purposes 

That juveniles who are not under proper supervision and con- 
trol, or who have absconded, escaped or run away, are likely 
to endanger their own health, morals and welfare, and the 
health, morals and welfare of others. The cooperation of the 
states party to this compact is therefore necessary to provide 
for the welfare and protection of juveniles and of the public 
with respect to (1) cooperative supervision of delinquent 
juveniles on probation or parole : (2) the return, from one state 
to another, of delinquent juveniles who have escaped or 
absconded ; (3) the return, from one state to another, of non- 
deliquent juveniles who have run away from home; and (4) 
the facilitation of additional measures for the protection of 
juveniles and of the public, which any two or more of the party 
states may find it desirable to undertake cooperatively. In 
carrying out the provisions of this compact the party states 
shall be guided by the non-punitive, reformative and pro- 
tective policies which guide their laws concerning delinquent, 
neglected or dependent juveniles generally. 

Article II 
Definitions 

That, for the purposes of this compact, "delinquent 
juvenile" means any juvenile who has been adjudged delin- 
quent and who, at the time the provisions of this compact are 
invoked, is still subject to the jurisdiction of the court that 
has made such adjudication or to the jurisdiction of an agency 
or institution pursuant to an order of such court; "probation 
or parole" means any kind of conditional release for juveniles 
from custody authorized under the laws of the states party 
hereto ; "state" means any state, territory or possession of the 
United States, the District of Columbia, and the Common- 
wealth of Puerto Rico; and "residence" or any variant thereof 
means a place at which a home or regular place of abode is 
maintained. 



1955] Chapter 121 155 

Article III 
Cooperative Supervision of Probationers and Parolees 

(a) That the dulj^ constituted judicial and administrative 
authorities of a state party to this compact (herein called 
"sending state") may permit any juvenile adjudged a delin- 
quent within such state and placed on probation or parole to 
reside in any other state party to this compact (herein called 
"receiving state") while on probation or parole, if the parent, 
guardian or person entitled to the legal custody of such delin- 
quent juvenile is residing within the receiving state. Before 
granting such permission, opportunity shall be given to the re- 
ceiving state to make such investigations as it deems necessary. 
The authorities of the sending state shall send to the authori- 
ties of the receiving state copies of pertinent court orders, 
social case studies and all other available information which 
may be of value to and assist the receiving state in supervising 
a probationer or parolee under this compact. A receiving state, 
in its discretion, may agree to accept supervision of a proba- 
tioner or parolee in cases where the parent, guardian or person 
entitled to the legal custody of the delinquent juvenile is not 
a resident of the receiving state. 

(b) That each receiving state will assume the duties of 
visitation and of supervision over any such delinquent juvenile 
and in the exercise of those duties will be governed by the same 
standards that prevail for its own delinquent juveniles released 
on probation or parole. 

(c) That, after consultation between the appropriate au- 
thorities of the sending state and of the receiving state as to 
the desirability and necessity of returning such a delinquent 
juvenile, the duly accredited officers of a sending state may 
enter a receiving state and there apprehend and retake any 
such delinquent juvenile on probation or parole. For that pur- 
pose, no formalities will be required, other than establishing 
the authority of the officer and the identity of the delinquent 
juvenile to be retaken and returned. The decision of the send- 
ing state to retake a delinquent juvenile on probation or parole 
shall be conclusive upon and not reviewable within the receiv- 
ing state, but if, at the time the sending state seeks to retake 
a dehnquent juvenile on probation or parole, there is pending 
against him within the receiving state any criminal charge or 
any proceeding to have him adjudicated a delinquent juvenile 



156 Chapter 121 [1955 

for any act committed in such state, or if he is suspected of 
having committed within such state a criminal offense or an 
act of juvenile delinquency, he shall not be returned without 
the consent of the receiving state until discharged from prose- 
cution or other form of proceeding, imprisonment, detention 
or supervision for such offense or juvenile delinquency. The 
duly accredited officers of the sending state shall be permitted 
to transport delinquent juveniles being so returned through any 
and all states party to this compact, without interference. 

(d) That the sending state shall be responsible und^i' this 
article for paying the costs of transporting any delinquent 
juvenile to the receiving state or of returning any delinquent 
juvenile to the sending state. 

Article IV 
Return of Escapees and Absconders 

(a) That the duly constituted judicial and administrative 
authorities of a state party to this compact may arrange for 
the detention and return of any delinquent juvenile found in 
that state who has either (1) absconded from another state 
while on probation or parole, or (2) escaped from an insti- 
tution vested with his legal custody in another state. Any such 
delinquent juvenile may be returned to any state party to 
this compact from which he absconded or escaped. 

(b) That the appropriate person or authority from whose 
supervision or custody a delinquent juvenile has absconded or 
escaped shall present to the executive authority of that state a 
written application for a requisition for the return of such 
delinquent juvenile. Such application shall state the name and 
age of the delinquent juvenile, the particulars of his adjudi- 
cation as a delinquent juvenile, the circumstances of the 
breach of the terms of his probation or parole or of his escape 
from an institution vested with his legal custody, and the 
location of such delinquent juvenile, if known, at the time the 
application is made. The application shall be verified by 
affidavit, shall be executed in duplicate, and shall be accom- 
panied by two certified copies of the judgment, formal adjudi- 
cation, or order of commitment which subjects such delinquent 
juvenile to probation or parole or to the legal custody of the 
institution concerned. Such further affidavits and other docu- 
ments as may be deemed proper may be submitted with such 
application. One copy of the application, with the action of the 



1955] Chapter 121 157 

executive authority indicated by endorsement thereon, shall be 
filed in the office of the secretary of state, there to remain on 
file subject to the provisions of law governing records of the 
court having jurisdiction over delinquent, neglected or depend- 
ent juveniles. The other copy of the application, together with 
the supporting papers, shall be forwarded with the requisition 
to the executive authority of the state to which the delinquent 
juvenile has absconded or escaped or to which he is believed to 
have absconded or escaped. Upon the receipt of a requisition 
demanding the return of a delinquent juvenile who has 
absconded or escaped, the executive authority to whom the 
requisition is addressed shall sign a warrant of arrest, which 
shall be sealed with the state seal and which shall be directed 
to any peace officer or other person whom such executive 
authority may think fit to entrust with its execution. The 
warrant must substantially recite the facts necessary to the 
validity of its issuance hereunder. No delinquent juvenile 
arrested upon such warrant shall be delivered over to the 
officer whom the executive authority demanding him shall have 
appointed to receive him, unless he shall first be taken forth- 
with before a judge of a court having jurisdiction over delin- 
quent, neglected or dependent juveniles in the state, who shall 
inform him of the demand made forjiis return and who shall 
appoint counsel or guardian ad litem for him. If the judge of 
' such court shall find that the warrant is in order, he shall 
deliver such delinquent juvenile over to the officer whom the 
executive authority demanding him shall have appointed to 
receive him. The judge, however, may fix a reasonable time to 
be allowed for the purpose of testing the legality of the arrest, 
if the delinquent juvenile, his counsel or guardian ad litem 
states that he or they desire to do so. 

Upon reasonable information that a person is a delinquent 
juvenile who has absconded while on probation or parole, or 
escaped from an institution vested with his legal custody in 
any state party to this compact, such person may be arrested 
in any other state party to this compact without a warrant. But 
when arrested without a warrant, he must be taken with all 
practicable speed before a judge of the court having jurisdiction 
over delinquent, neglected or dependent juveniles, who shall 
appoint counsel or guardian ad litem for such person and shall 
determine, after a hearing, whether sufficient cause exists to 
hold the person subject to the order of the court for such a 



158 Chapter 121 [1955 

time, not exceeding- ninety days, as will enable his arrest under 
a warrant issued on a request of the executive authority of a 
state party to this compact. If, at the time when a state seeks 
the return of a delinquent juvenile who has either absconded 
while on probation or parole or escaped from an institution 
vested with his legal custody, there is pending against him in 
the state wherein he is arrested any criminal charge or any 
proceeding to have him adjudicated a delinquent juvenile for 
an act committed in such state, or if he is suspected of having 
committed within such state a criminal offense or an act of 
juvenile delinquency, he shall not be returned without the con- 
sent of such state until discharged from prosecution or other 
form of proceeding, imprisonment, detention or supervision for 
such offense or juvenile delinquency. The duly accredited 
officers of any state party to this compact, upon the establish- 
ment of their authority and the identity of the delinquent 
juvenile being- returned, shall be permitted to transport such 
delinquent juvenile through any and all states party to this 
compact, without interference. Upon his return to the state 
from which he escaped or absconded, the delinquent juvenile 
shall be taken before the court which made application for his 
return, for such further proceedings as may be appropriate. 

(c) That the costs of ijeturning a delinquent juvenile under 
this article shall be borne by the state to which he is returned. 

Article V 
Return of Runaways 

(a) That the duly constituted judicial and administrative 
authorities of a state party to this compact may arrange for 
the detention and prompt return of a juvenile who has run 
away and is found in that state, to any other state party to 
this compact which is the state of residence of the parent or 
guardian or person entitled to the legal custody of such 
juvenile. 

(b) That the parent, guardian or person entitled to legal 
custody of a juvenile who has not been adjudged delinquent 
but who has run away without the consent of such parent, 
guardian or other person shall petition the court in the de- 
manding state having jurisdiction over delinquent, neglected 
or dependent juveniles for the issuance of an application for 
a requisition for his return. The petition shall state the name 
and age of the juvenile, the name of the petitioner and the basis 



1955] Chapter 121 159 

of entitlement to the juvenile's custody, the circumstances of 
his running away, his location if known at the time application 
is made, and such other facts as may tend to show that the 
juvenile who has run away is endangering his own welfare or 
the welfare of others and is not an emancipated minor. The 
petition shall be verified by affidavit, shall be executed in dupli- 
cate, and shall be accompanied by two certified copies of the 
document or documents on which the petitioner's entitlement 
to the juvenile's custody is based, such as birth certificates, 
letters of guardianship, or custody decrees. Such further aflida- 
vits and other documents as may be deemed proper may be 
submitted with such petition. The judge of the court to which 
this application is made may hold a hearing thereon to de- 
termine whether for the purposes of this compact the peti- 
tioner is entitled to the legal custody of the juvenile, whether 
or not it appears that the juvenile has in fact run away with- 
out consent, whether or not he is an emancipated minor, and 
whether or not it is in the best interest of the juvenile to compel 
his return to the state. If the judge determines, either with or 
without a hearing, that the juvenile should be returned, he 
shall present to the executive authority of the demanding state 
a written application for a requisition for the return of such 
juvenile. Such application shall set forth the name and age of 
the juvenile, the determination of the court that the juvenile 
has run away without the consent of a parent, guardian or 
other person entitled to his legal custody, and that it is in the 
best interest and for the protection of such juvenile that he be 
returned. In the event that a proceeding for the adjudication 
of the juvenile as a delinquent, neglected or dependent juvenile 
is pending in the court at the time when such juvenile runs 
away, the court may issue an application for a requisition for 
the return of such juvenile upon its own motion, regardless of 
the consent of the parent, guardian, or other person entitled 
to legal custody, reciting therein the nature and circumstances 
of the pending proceeding. The application shall in every case 
be executed in duplicate and shall be signed by the judge and 
sealed with the seal of the court. One copy of the application, 
with the action of the executive authority indicated by en- 
dorsement thereon, shall be filed in the office of the secretary 
of state, there to remain on file subject to the provisions of 
law governing records of the court having jurisdiction over 
delinquent, neglected or dependent juveniles. The other copy 



160 Chapter 121 [1955 

of the application shall be forwarded, together with the 
requisition addressed to the executive authority of the state to 
which the juvenile has run away or to which he is believed to 
have run away. Upon the receipt of a requisition demanding the 
return of a juvenile who has run away, the executive authority 
to whom the requisition is addressed shall sign a warrant of 
arrest which shall be sealed with the state seal and which shall 
be directed to any peace officer or other person whom such 
executive authority may think fit to entrust with its execution. 
The warrant must substantially recite the facts necessary to 
the validity of its issuance hereunder. No juvenile arrested 
upon such warrant shall be delivered over to the officer to 
whom the executive authority demanding him shall have 
appointed to receive him, unless he shall first be taken forth- 
with before a judge having jurisdiction over delinquent, 
neglected or dependent juveniles in the state, who shall inform 
him of the demand made for his return, and who shall appoint 
counsel or guardian ad litem for him. If the judge of such court 
shall find that the warrant is in order, he shall deliver such 
juvenile over to the officer whom the executive authority de- 
manding him shall have appointed to receive him. The judge, 
however, may fix a reasonable time to be allowed for the pur- 
pose of testing the legality of the arrest, if the juvenile, his 
counsel or guardian ad litem states that he or they desire to 
do so. 

Upon reasonable information that a person is a juvenile 
who has run away from another state party to this compact 
without the consent of a natural parent, guardian or other 
person entitled to his legal custody, such juvenile may be taken 
into custody and brought, with all practicable speed, before a 
judge of the court having jurisdiction over delinquent, 
neglected, or dependent juveniles, who shall appoint counsel 
or guardian ad litem for such juvenile and who shall determine 
after a hearing whether sufficient cause exists to hold the per- 
son, subject to the order of the court, for his own protection 
and welfare, for such a time not exceeding ninety days as will 
enable his return to another state party to this compact pur- 
suant to a requisition for his return from the executive 
authority of that state. If, at the time when a state seeks the 
return of a juvenile who has run away, there is pending 
against him in the state wherein he is found any criminal 
charge, or any proceeding to have him adjudicated a de- 



1955] Chapter 121 161 

linquent juvenile for an act committed in such state, or if he 
is suspected of having committed within such state a criminal 
offense or an act of juvenile delinquency, he shall not be re- 
turned without the consent of such state until discharged from 
prosecution or other form of proceeding, imprisonment, deten- 
tion or supervision for such offense or juvenile delinquency. 
The duly accredited officers of any state party to this compact, 
upon the establishment of their authority and the identity of 
the juvenile being returned, shall be permitted to transport 
such juvenile through any and all states party to this compact, 
without interference. Upon his return to the state from which 
he ran away, the juvenile shall be taken before the court which 
made application for his return, for such further proceedings 
as may be appropriate. 

(c) That the costs of returning a juvenile under this article 
shall be borne by the state to which he is returned. 

(d) That "juvenile" as used in this article means any person 
who is a minor under the law of tlie state from which he ran 
away. 

Article VI 
Voluntary Return Procedure 

Any delinquent juvenile who has absconded while on pro- 
bation or parole, or escaped from an institution vested with his 
legal custody in any state party to this compact, and any 
juvenile who has run away from any state party to this com- 
pact, who is arrested without a warrant in another state party 
to this compact under the provisions of Article (IV (b) or of 
Article V (b) , may consent to his immediate return to the state 
from which he absconded, escaped or ran away without the 
necessity of further formal proceedings. Such consent shall be 
given by the juvenile or delinquent juvenile and his counsel or 
guardian ad litem by executing or subscribing a writing in the 
presence of a judge of the court having jurisdiction over de- 
linquent, neglected or dependent juveniles, which states that 
the juvenile or delinquent juvenile and his counsel or guardian 
ad litem consent to his return to the demanding state. Before 
such consent shall be executed or subscribed, however, the 
judge, in the presence of counsel or guardian ad litem, shall in- 
form the juvenile or delinquent juvenile of his rights under 
this compact. When the consent has been duly executed, it 
shall be forwarded to and filed with the executive authority of 



162 Chapter 121 [1955 

the state in which the court is located and the judge shall 
direct the officer having the juvenile or delinquent juvenile in 
custody to deliver him to the duly accredited officer or officers 
of the state demanding his return, and shall cause to be de- 
livered to such officer or officers a copy of the consent. 

Article VII 
Detention Procedures 

That, to every extent possible, it shall be the policy of states 
party to this compact that no juvenile or delinquent juvenile 
shall be placed or detained in any prison, jail or lockup nor be 
detained or transported in association with criminal, vicious or 
dissolute persons. 

Article VIII 
Supplementary Agreements 

That the duly constituted administrative authorities of a 
state party to this compact may enter into supplementary 
agreements with any other state or states party hereto for 
the cooperative care, treatment and rehabilitation of delin- 
quent juveniles. Such care, treatment and rehabilitation may 
be provided in an institution located within any state entering 
into such supplementary agreement. Such supplementary 
agreements shall (1) provide the rates to be paid for the care, 
treatment and custody of such delinquent juveniles, taking 
into consideration the character of facilities, services and sub- 
sistence furnished ; (2) provide that the delinquent juvenile 
shall be given a court hearing prior to his being sent to another 
state for care, treatment and custody; (3) provide that the 
state receiving such a delinquent juvenile in one of its institu- 
tions shall act solely as agent for the state sending such de~ 
hnquent juvenile; (4) provide that the sending state shall at 
all times retain jurisdiction over delinquent juveniles sent to 
an institution in another state; (5) provide for reasonable in- 
spection of such institutions by the sending state; (6) provide 
that the consent of the parent or guardian or person entitled 
to the legal custody of said delinquent juvenile shall be secured 
prior to his being sent to another state; and (7) make pro- 
vision for such other matters and details as shall be necessary 
to protect the rights and equities of such delinquent juveniles 
and of the cooperating states. 



1955] Chapter 121 163 

Article IX 
Acceptance of Federal and Other Aid 

That anj^ state party to this compact may accept any and all 
donations, gifts and grants of money, equipment and services 
from the federal or any local government, or any agency there- 
of and from any person, firm or corporation, for any of the pur- 
poses and functions of this compact, and may receive and 
utilize the same subject to the terms, conditions and regula- 
tions governing such donations, gifts and grants. 

Article X 
Compact Administrators 

That the governor of each state party to this compact shall 
designate an officer who, acting jointly with like officers of 
other party states, shall promulgate such rules and regulations 
as may be deemed necessary to more effectively carry out the 
terms of this compact. 

Article XI 
Execution of Compact 

That this compact shall become operative immediately up- 
on its execution by any state as between it and any other state 
or states so executing. When executed it shall have the full 
force and effect of law within such state, the form of execution 
to be in accordance with the laws of the executing state. 

Article XII 
Renunciation 

That this compact shall continue in force and remain bind- 
ing upon each executing state until renounced by it. Renunci- 
ation of this compact shall be by the same authority which 
executed it, by sending six months' notice in writing of its 
intention to withdraw from the compact to the other states 
party hereto. The duties and obligations of a renouncing state 
under Article III hereof shall continue as to parolees and pro- 
bationers residing therein at the time of withdrawal until 
retaken or finally discharged. Supplementary agreements en- 
tered into under Article VIII hereof shall be subject to re- 
nunciation as provided in the terms of such supplementary 
agreements, and shall not be subject to the six months' re- 
nunciation notice of the present article. 



164 Chapter 121 [1955 

Article XIII 
Severability 

That the provisions of this compact shall be severable and 
if any phrase, clause, sentence or provision of this compact is 
declared to be contrary to the constitution of any participating 
state or of the United States or the applicability thereof to any 
government, agency, person or circumstance is held invalid the 
validity of the remainder of this compact and the applicability 
thereof to any government, agency, person or circumstance 
shall not be affected thereby. If this compact shall be held con- 
trary to the constitution of any state participating therein, 
the compact shall remain in full force and effect as to the re- 
maining states and in full force and effect as to the state 
affected as to all severable matters. It is the intent that the 
provisions of this compact shall be reasonably and liberally 
construed. 

2. Juvenile Compact Administrator. Pursuant to said 
compact, the governor is hereby authorized and empowered to 
designate an officer who shall be the compact administrator 
and who, acting jointly with like officers of other party states, 
shall promulgate rules and regulations to carry out more 
effectively the terms of the compact. The compact administra- 
tor is hereby authorized, empowered and directed to cooperate 
with all departments, agencies and officers of and in the gov- 
ernment of this state and its subdivisions in facilitating the 
proper administration of the compact or of any supplementary 
agreement or agreements entered into by this state there- 
under. 

3. Supplementary Agreements. The compact administra- 
tor is hereby authorized and empowered to enter into supple- 
mentary agreement or agreements with appropriate officials 
of other states pursuant to the compact. In the event that a 
supplementary agreement or agreements shall require or con- 
template the use of any institution or facility of this state or 
require or contemplate the provision of any service by this 
state, the supplementary agreement shall have no force or 
effect until approved by the head of the department or agency 
under whose jurisdiction the institution or facility is operated 
or whose department or agency will be charged with the 
rendering of such service. 



1955] Chapter 122 165 

4. Financial Arrangements. The compact administrator, 
subject to the approval of the governor, may make or arrange 
for any payments necessary to discharge any financial obliga- 
tions imposed upon this state by the compact or by any 
supplementary agreement entered into thereunder. 

5. Fees. Any judge of this state who appoints counsel or 
guardian ad litem pursuant to the provisions of the compact 
may, in his discretion, fix a fee to be paid out of funds avail- 
able for disposition by the court but no such fee shall exceed 
the sum of one hundred dollars. 

6. Responsibilities of State Departments, Agencies and 
Officers. The courts, departments, agencies and oflficers of this 
state and its subdivisions shall enforce this compact and shall 
do all things appropriate to the effectuation of its purposes and 
intent which may be within their respective jurisdictions. 

7. Juvenile Delinquent. The term "delinquent juvenile" as 
used in the interstate compact on juveniles shall include a de- 
linquent child as defined in Revised Laws, chapter 132. 

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

[Approved May 5, 1955.] 



CHAPTER 122. 



AN ACT RELATIVE TO SECURING CERTAIN LOADS ON MOTOR 
TRUCKS AND TRAILERS. 

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

. 1. Motor Vehicles, Loads. Amend chapter 119 of the Re- 
vised Laws, (chapter 263, RSA) by adding after section 39-a 
the following new sections : 39-b. Binder Chains on Vehicles 
Carrying Wood Products other than Logs and Sawed Long 

Lumber. No motor truck, trailer or semi-trailer while being 
used to transport pulpwood, boltwood or any wood product, 
other than long logs or sawed long lumber, shall be operated on 
the highways of this state unless the last tier and/or row is 
bound by a chain and binder to adequately secure the load, 



166 Ch AFTER 123 [1955 

chains to be made of not less than three-eighths inch wire. 
No wood product other than logs and/or sawed long lumber 
shall be piled higher than the truck stakes unless bound by a 
chain and binder to adequately secure the load. 

39-c. Binder Ropes on Vehicles Carrying Baled Hay. I. No 

motor truck, trailer or semi-trailer while being used to trans- 
port baled hay shall be operated on the highways of this state 
unless the loads of baled hay, baled straw, or other baled 
products shall be solidly packed while in transit. Loading 
methods shall result in completely tying the load together by 
alternating bale lengths and interlocking tiers. 

II. Such loads shall be fastened securely to the vehicle 
by not less than two longitudinal rope binders from front to 
the back of vehicles; and by not less than four cross binders 
in addition to the longitudinal binders ; binders to be of at least 
three-fourths inch diameter knot and rot-free manilla rope. 

III. The provisions of paragraphs I and 11 shall not 
apply to a local farmer transporting his own baled products in- 
cidental to his farming operations where such transportation 
requires the use of the public highways; provided, however, 
that nothing herein shall relieve such farmer from loading and 
securing such bales in a safe manner. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 9, 1955.] 



CHAPTER 123. 

AN ACT RELATIVE TO THE FEES OF MEDICAL REFEREES. 

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

1. Fee for a View. Amend section 27 of chapter 436 of 
the Revised Laws (section 27, chapter 611, RSA) by striking 
out the word "five" in the second line thereof, and inserting in 
place thereof the word, ten, so that said section as amended 
shall read as follows: 27. Fees. The fees allowed the referee 
shall not exceed the following, viz.: For a view and inquiry 
without an autopsy, ten dollars; for a view and autopsy, 



1955J Chapter 124 167 

twenty-five dollars; for an inquest, ten dollars a day for the 
time actually spent in holding such inquest ; and for all neces- 
sary travel at the rate of ten cents a mile. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 9, 1955.] 



CHAPTER 124. 



AN ACT TO REGULATE THE PRACTICE OF PROFESSIONAL 
ENGINEERING. 

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

1. Professional Engineering; Definitions. Amend section 
1-a of chapter 170 of the Laws of 1945, as amended by section 1 
of' chapter 123 of the Laws of 1951 (section 2, chapter 319, 
RSA) by adding at the end thereof the following definitions: 
V. The term "engineer" shall mean professional engineer as 
above defined. VL The term "engineering" shall mean pro- 
fessional engineering as above defined. 

2. Exception. Amend section 4 of chapter 170 of the Laws 
of 1945 (section 5, chapter 319, RSA) by adding after the word 
"compensation" in the second line the words, except as pro- 
vided in section 8, so that said section as amended shall read 
as follows: 4. Compensation and Expenses. Members of 
the board shall serve without compensation except as provided 
in section 8, but shall be reimbursed for all actual traveling, in- 
cidental, and clerical expenses necessarily incurred in carrying 
out the provisions of this act. 

3. Certification. Amend section 24 of chapter 170 of the 
Laws of 1945 (section 26, chapter 319, RSA) by adding after 
the word "revoke" in the first and second, and twenty-second 
lines the words, suspend or annul, so that said section as 
amended shall read : 24. Revocations. The board shall have 
the power to revoke, suspend or annul the certificate of regis- 
tration of any registrant who is found guilty of: (a) the 
practice of any fraud or deceit in obtaining a certificate of 
registration; (b) any gross negligence, incompetency, or mis- 



168 Chapter 124 [1955 

conduct in the practice of professional engineering as a 
registered professional engineer. Any person may prefer 
charges of fraud, deceit, gross negligence, incompetency, or 
misconduct against any registrant. Such charges shall be in 
writing, shall be sworn to by the person making them and 
shall be filed with the secretary of the board. All charges, un- 
less dismissed by the board as unfounded or trivial, shall be 
heard by the board within three months after the date on 
which they shall have been preferred. The time and place for 
said hearing shall be fixed by the board, and a copy of the 
charges, together with a notice of the time and place of hear- 
ing, shall be served personally on or mailed to the last known 
address of such registrant, at least thirty days before the date 
fixed for the hearing. At any hearing, the accused registrant 
shall have the right to appear personally and by counsel, to 
cross-examine witnesses appearing against him, and to pro- 
duce evidence and witnesses in his own defense. If, after such 
hearing, three or more members of the board vote in favor of 
finding the accused guilty, the board shall revoke, suspend or 
annul the certificate of registration of such registered pro- 
fessional engineer. 

4. Additional Provisions for Certification. Amend section 
25 of chapter 170 of the Laws of 1945 (section 27, chapter 319, 
RSA) by inserting after the word "revoked" in the third line 
the words, suspended or annulled, so that said section as 
amended shall read as follows: 25. Reissuance of Certificates. 
The board, for reasons it may deem sufficient, may reissue a 
certificate of registration to any person whose certificate has 
been revoked, suspended or annulled, providing three or more 
members of the board vote in favor of such reissuance. A new 
certificate of registration, to replace any certificate revoked, 
lost, destroyed, or multilated, may be issued, subject to the 
rules of the board, and a charge of three dollars shall be made 
for such issuance. 

5. Court Appeal. Amend section 26 of said chapter 170 by 
striking out the word "or" in the second line and by inserting 
after the word "revoking" in the second line the words, 
suspending or annulling, so that said section as amended shall 
read as follows: 26. Appeal. Any person who shall feel 
aggrieved by any action of the board in denying, revoking, 
suspending or annulling his certificate of registration may 



19o5j Chapter 125 169 

appeal therefrom to the superior court and, after full hearing-, 
said court shall make such decree sustaining or reversing the 
action of the board as it may deem just and proper. 

6. Wrongful Use of Certificate. Amend section 27 of 
chapter 170 of the Laws of 1945 as amended by chapter 123 of 
the Laws of 1951 (section 29, chapter 319, RSA) by striking 
out the words "under the title of professional engineer" in the 
third line thereof so tliat said section as amended shall read: 
27. Violations and Penalties. Any person who shall practice 
or offer to practice professional engineering in this state with- 
out being 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 anj'- 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. 

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

[Approved May 9, 1955.] 



CHAPTER 125. 

AN ACT RELATI\TE TO THE PAYMENT OF POLL AND HEAD TAXES. 

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

1. Poll and Head Taxes. Amend section 3-a of chapter 116, 
Revised Laws, as inserted by section 2 of chapter 173, Laws of 
1953, (section 5, chapter 260, RSA) as amended by section 2, 
chapter 39, Laws of 1955, and by section 17 of an act approved 
March 23, 1955, relative to assessment of a special head tax, 
by striking out said section and inserting in place thereof the 
following : 3-a. Prohibition. No official or other person shall 



170 Chapters 126, 127 [1955 

issue a permit to register a motor vehicle, or registration for a 
motor vehicle, or license to operate a motor vehicle, or a license 
to hunt, fish or trap, without first requiring the applicant to 
make an affidavit under the pains and penalties of perjury that 
all poll and head taxes for which he is liable for the preceding 
year have been paid. Any person who shall violate the pro- 
visions of this section shall be fined not more than fifty dollars. 

2. TakCvS Effect. This act shall take effect upon its 
passage. 
[Approved May 9, 1955.] 



CHAPTER 126. 



an act relative to the observance of the memory of 
General Lafayette. 

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

1. Lafayette Day. The governor shall annually issue a 
proclamation calling for a proper observance of May twentieth, 
the anniversary of the death of General Marquis de Lafayette, 
revolutionary war hero, in lasting recognition of his gallant and 
illustrious service in the war for American independence. 

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

[Approved May 9, 1955.] 



CHAPTER 127. 

an act relative to the pay of the national GUARD. 

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

1. National Guard. Amend section 60 of chapter 143 of 
the Revised Laws, as amended by section 1 of chapter 185 of 
the Laws of 1947, (section 60, chapter 110, RSA) by striking 
out said section and inserting in place thereof the following: 
60. Per Diem. For each day's service in complete uniform, 



1955] Chafter 128 171 

when ordered out by the governor for duty, except for annual 
inspection, each commissioned officer, non-commissioned officer, 
warrant officer and enlisted man of the New Hampshire 
national guard shall be paid at the same rate of pay as that 
designated in the pay tables of the United States army for 
officers, warrant officers, non-commissioned officers and en- 
listed men of corresponding rank and gi'ade and length of 
service in the regular army. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 9, 1955.] 



CHAPTER 128. 



AN ACT RELATING TO EXTENDED COVERAGE IN POLICIES OF 
LIABILITY INSURANCE. 

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

1. Accident and Health Insurance. Amend section 20 of 
chapter 331 of the Revised Laws, as amended by section 2 of 
chapter 207 of the Laws of 1951, (section 14, chapter 415, 
RSA) by striking out the word "expense" in the fifth line 
thereof so that said section as amended shall read as follows : 
20. Non-Application to Certain Policies. Except as other- 
wise specifically provided, nothing in this chapter shall apply 
to or affect (1) any policy of workmen's compensation insur- 
ance or any policy of liability insurance with or without supple- 
mentary coverage therein; or (2) any policy or contract of re- 
insurance; or (3) any blanket or group policy of insurance; or 
(4) life insurance, endowment or annuity contracts, or con- 
tracts supplemental thereto which contain only such provisions 
relating to accident and sickness insurance as (a) provide addi- 
tional benefits in case of death or dismemberment or loss of 
sight by accident, or as (b) operate to safeguard such con- 
tracts against lapse, or to give a special surrender value or 
special benefit or an annuity in the event that the insured or 
annuitant shall become totally and permanently disabled, as 
defined by the contract or supplemental contract. 



172 Chapter 129 [1955 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 9, 1955.] 



CHAPTER 129. 

AN ACT RELATING TO CROPPING DOGS' EARS. 

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

1. Dogs. Amend sections 17-a and 17-b, chapter 180 of the 
Revised Laws as inserted by chapter 141 of the Laws of 1943 
(sections 40 and 41, chapter 466, RSA) by striking out the 
same and inserting in place thereof the following: 17-a. 
Cropping of Dog's Ears. Any person who shall crop or cut or 
cause to be cropped or cut off the whole or any part of the 
ear of a dog, unless such person is a veterinarian duly regis- 
tered under the provisions of chapter 255 of the Revised Laws, 
and unless such operation is performed while the dog is under 
an anaesthetic, shall be fined not more than two hundred and 
fifty dollars. 

17-b. Possession of Cropped Dog. The possession of a 
dog with an ear cropped or cut off and with the wound result- 
ing therefrom unhealed, confined upon the premises of or in 
charge or custody of any person, shall be prima facie evidence 
of a violation of the provisions of section 17-a by the person 
in control of such premises or the person having charge or 
custody, unless such person shall have in his possession a 
certificate of cropping signed by a veterinarian duly registered 
under the provisions of chapter 255 of the Revised Laws 
certifying that he performed the operation in accordance with 
the provisions of section 17-a of this chapter, giving the date 
of the operation, the name of the owner of the dog and a 
description of the dog. 

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

[Approved May 9, 1955.] 



1955] Chapters 130, 131 173 

CHAPTER 130. 

AN ACT RELATIVE TO THE PRACTICE OF DENTISTRY. 

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

1. Practice of Dentistry. Amend section 7 of chapter 251, 
Revised Laws (section 7, chapter 317, RSA) 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: 7. Applications. Applications for license 
shall be made to said board in writing, and shall be 
accompanied by a fee of fifty dollars and by satisfactory proof 
that the applicant is a graduate of a recognized dental school. 
The applicant shall be a citizen of the United States, of good 
moral character, and at least twenty-one years of age. 

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

[Approved May 9, 1955.] 



CHAPTER 131. 



AN ACT RELATIVE TO REAL ESTATE INVESTMENTS AND LOANS 
OF BUILDING AND LOAN ASSOCIATIONS. 

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

1. Real Estate Investments. Amend paragraph II, section 
20, chapter 314, Revised Laws as amended by section 7, chap- 
ter 24, Laws of 1947 (paragraph II, section 24, chapter 393, 
RSA) by inserting at the end thereof the words : except as it 
is authorized to do so by the commissioner; so that said para- 
graph as amended shall read as follows : 11. In the purchase 
of improved or unimproved real estate and in the construction 
or improvement of buildings thereon for the purpose of pro- 
viding offices for the transaction of an association's business. 
Such buildings may also include space for rental purposes. The 
cost to the association of such lands and buildings shall not ex- 
ceed fifty per cent of the sum of such association's guaranty 



174 Chapter 132 [1955 

fund, surplus, and reserves at the time such investment is made 
except as it is authorized to do so by the commissioner. 

2. Time Extended. Amend section 10, chapter 314, Re- 
vised Laws, as amended by section 1, chapter 140, Laws of 
1945 (section 15, chapter 393, RSA) by striking out the word 
"twenty" in hne seventeen and inserting in place thereof the 
word, twenty-five, so that said section as amended shall read 
as follows: 10. Loans. Any such corporation may loan 
money so collected, together with interest, premiums, fines and 
profits arising from the business, to its shareholders and mem- 
bers on first mortgages on real estate, or on buildings in the 
town of Hampton situated on land not belonging to the owner 
of the building. The loans shall not exceed the appraisal value 
of said property. Such corporation may accept other satis- 
factory collateral as additional security for the loan. A premium 
may be charged in excess of the established rate of interest. 
Said loans shall be share sinking fund or direct reduction loans. 
In share sinking fund loans serial shares of the corporation 
shall also be pledged sufficient in amount to repaj^ the loan upon 
maturity. Direct reduction loans shall be repayable in monthly 
installments sufficient to amortize the same paying off interest 
or premium and principal in any period of time not exceeding 
twenty-five years. Any such corporation holding a first mort- 
gage on such property may take a subsequent mortgage or 
mortgages on the same property provided that there are no in- 
tervening liens. Any shareholder may borrow on the shares of 
such corporation up to the full value thereof at the time of the 
loan. 

3. Takes EflFect. This act shall take eff"ect upon its 
passage. 

[Approved May 12, 1955.] 



CHAPTER 132. 



AN ACT RELATIVE TO MILEAGE ALLOWANCE FOR LEGISLATIVE 
OFFICERS AND EMPLOYEES. 

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

1. Change in Computation. Amend section 17, chapter 9, 



1955] Chapter 133 175 

Revised Laws, as amended by chapter 214, Laws of 1943, sec- 
tion 3, chapter 117, Laws of 1949, and section 5, chapter 251, 
Laws of 1951 (section 18, chapter 14, RSA) by striking out 
said section and inserting in place thereof the following: 17. 
Employees. Officers and employees of the senate and house of 
representatives shall be allowed mileage at the same rate as 
other state employees for each day of attendance up to a maxi- 
mum of fifty miles for one way of travel. Any fractional part 
of a mile shall be deemed to be one mile for the purposes here- 
of. The committee on mileage shall be the arbiters of all dis- 
putes and claims involving payment of mileage to such officers 
and employees. 

2. Takes Effect. This act shall take effect as of January 5, 
1955. 

[Approved May 12, 1955.] 



CHAPTER 133. 



AN ACT RELATIVE TO THE SALARY OP THE JUSTICE OF THE 
MUNICIPAL COURT OF PORTSMOUTH. 

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

1. Portsmouth Municipal Court. Amend paragraph I of 
section 31 of chapter 377 of the Revised Laws, as amended by 
chapter 232 of the Laws of 1947, chapters 73, 213, and 251, 
Laws of 1953 (section 7, chapter 502, RSA) by striking out 
the words "In Portsmouth, one thousand eight hundred 
dollars" and inserting in place thereof the words. In Ports- 
mouth, two thousand five hundred dollars, so that said para- 
graph as amended shall read as follows: I. Salaries of 
justices of municipal courts shall be paid from the treasury of 
the city or town in which such courts are located, may be paid 
quarterly or monthly, and shall be in the following sums per 
annum : 

In Manchester, four thousand six hundred dollars; 

In Nashua, three thousand dollars; 

In Concord, three thousand five hundred dollars; 

In Portsmouth, two thousand five hundred dollars; 

In Dover, one thousand eight hundred dollars; 



176 Chapter 134 [1955 

In Laconia, one thousand eight hundred dollars ; 

In Keene, one thousand eight hundred dollars; 

In Claremont, one thousand eight hundred dollars; 

In Berlin, twenty-two hundred dollars; 

In Rochester, one thousand two hundred dollars ; 

In Lebanon, one thousand five hundred dollars ; 

In Newport, nine hundred dollars; 

In Derry, nine hundred dollars ; 

In Franklin, one thousand two hundred dollars; 

In Exeter, eight hundred dollars; 

In Somersworth, eight hundred dollars; 

In Littleton, eight hundred dollars ; 

In Milford, six hundred dollars; 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 14, 1955.] 



CHAPTER 134. 



AN ACT RELATIVE TO THE TRAPPING OF FUR-BEARING ANIMALS 

IN THE Androscoggin Valley watershed. 

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

1. Trapping Prohibited. Amend chapter 244 of the Re- 
vised Laws (chapter 210, RSA) by inserting after section 5 
thereof the following new section : 5-a. Trapping Prohibited. 

Notwithstanding any other provision of this chapter, it shall 
be unlawful to trap muskrat north of the Berlin-Milan line in 
the Androscoggin Valley watershed. Any person found violat- 
ing the provisions hereof shall be fined the same amount as is 
prescribed for violations of sections 1 to 5, inclusive ; provided, 
however, that this section shall be in effect for a period of one 
year only from date of its enactment. 

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

[Approved May 14, 1955.] 



1955] Chapter 135 177 

CHAPTER 135. 

AN ACT TO PROMOTE HIGHWAY SAFETY BY REGULATING ACCESS 

FROM STATE HIGHV/AYS TO DRIVE-IN THEATRES AND 

ROADSIDE ADVERTISING NEAR INTERSECTIONS. 

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

1. Safety of Highways. Amend part 19, chapter 90 of the 
Revised Laws by inserting- after section 38, as inserted by 
chapter 188, Laws of 1945, the following new section : 

39. Drive-In Theatres. L Prohibition. It shall be un- 
lawful to construct a drive-in theatre with direct access to or 
from any class I, II or III highway, without first obtaining a 
written permit from the commissioner of public works and 
highways covering access provisions and such additional pro- 
visions as may be required to promote safety on the adjoining 
highways. 

IL Hearing. Said commissioner is authorized to con- 
duct a public hearing, if deemed that the public good requires, 
or the individual requesting permit files written demand for 
same, to be held before the commissioner or the deputy com- 
missioner of public works and highways, and the commissioner 
of motor vehicles department and the superintendent of state 
.police, or their authorized representatives, acting in an 
advisory capacity to the commissioner or deputy commissioner 
of public works and highways. Written notice of such hearing 
shall be given to the applicant or apphcants and the town 
authorities, and notice to the public posted in a public place 
in the town where construction is proposed, at least two weeks 
prior to date of hearing. 

HL Permit. Said commissioner, with the advice of the 
commissioner of motor vehicles and superintendent of state 
police, may issue a permit in each case containing such re- 
quirements and provisions as will protect the safety of the 
travelling public. He may provide that the screen of a drive- 
in theatre be so placed as will prevent the view of the picture 
face of same from said highways or provide that suitable 
screening be placed as will obstruct said view if topography 
does not allow such placement. He may provide that in any 
location where the free flow of traffic from the highway to a 
drive-in theatre is prevented by the operation of ticket sellers, 



178 Chapter 136 [1955 

parking attendants or in any other manner, there shall be pro- 
vided an adequate storage area for vehicles between the high- 
way pavement and the location of ticket booths, parking area, 
or other cause of traffic stoppage and delay, to prevent backing 
up of vehicles on the highway pavement. He may provide that 
traffic control devices or warning signals be installed, meeting 
his approval, located within the establishment as well as 
similar devices controlling the state highway. Application for 
permit by the owner or owners shall be made at least sixty 
days before proposed construction. A plot plan of proposed 
establishment shall be included with the application for said 
permit. 

IV. Appeal. Any party aggrieved by the decision of the 
commissioner may appeal said decision under procedure as 
provided by chapter 414, Revised Laws. 

V. Roadside Use. It shall be unlawful to erect any road- 
side advertising within a distance of 400 feet of any highway 
intersection of Class I and II highways or railroad grade cross- 
ings thereon when said advertising obstructs the view of said 
intersections and crossings, rendering the approach to same by 
vehicular traffic hazardous. 

VI. Penalty. Whoever violates any provision of this 
section or the requirements or provisions of permits there- 
under, shall be fined not more than one hundred dollars and 
shall cease operation of any offending establishment pending 
fulfillment of requirements and special provisions. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 14, 1955.] 



CHAPTER 136. 

AN ACT RELATIVE TO BOW AND ARROW LICENSE FOR MINORS. 

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

1. Bow and Arrow. Amend section 16-a of chapter 242 of 
the Revised Laws, as inserted by chapter 258, Laws of 1949, 
and as amended by section 1, chapter 145, Laws of 1951 (sec- 



1955] Chapter 136 179 

tion 5, chapter 208, RSA) by striking out after the word 
"license" in the seventh line the words "which shall entitle 
him to hunt deer with bow and arrow for a period of ten days 
immediately prior to the open season for taking deer" and in- 
serting in place thereof the following: Said special license 
shall entitle the holder to hunt deer with bow and arrow for 
a period of twenty-one days immediately prior to the open 
season for taking deer in Bear Brook Reservation and for a 
period of ten days immediately prior to the open season for 
taking deer elsev/here, provided that if said nonresident not 
holding a New Hampshire hunting license shall be a person 
under sixteen years of age he shall not be entitled to hunt 
under said special license except when accompanied by a prop- 
erly licensed person who is twenty-one years of age or over. 
A special license shall not be required for residents less 
than sixteen years of age, but such person while hunt- 
ing with bow and arrow must be accompanied by a properly 
licensed person who is twenty-one years of age or over, 
and must further comply with all provisions of this chapter, 
so that said section as amended shall read as follows: 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 nonresident holding a valid New Hampshire 
hunting license upon the payment of an additional fee of three 
dollars, or a nonresident not holding a New Hampshire hunt- 
ing license, upon the payment of a fee of ten dollars, shall be 
issued a special license. Said special license shall entitle the 
holder to hunt deer with bow and arrow for a period of twenty- 
one days immediately prior to tlie open season for taking deer 
in Bear Brook Reservation and for a period of ten days im- 
mediately prior to the open season for taking deer elsewhere, 
provided that if said nonresident not holding a New Hampshire 
hunting license shall be a person under sixteen years of age he 
shall not be entitled to hunt under said special license except 
when accompanied by a properly licensed person who is twenty- 
one years of age or over. A special license shall not be required 
for residents less than sixteen years of age, but such person 
while hunting with bow and arrow must be accompanied by a 
properly licensed person who is twenty-one years of age or 
over, and must further comply with all provisions of this 
chapter. Any person taking a deer under the provisions of this 



180 Chapter 137 [1955 

section shall notify a conservation officer within twenty-four 
hours of such taking. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 14, 1955.] 



CHAPTER 137. 

AN ACT RELATING TO THE TAXATION OF HOUSE TRAILERS. 

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

1. Taxation. Amend chapter 73 of the Revised Laws 
(chapter 298, RSA) by inserting after section 22 the follow- 
ing new section: 22-a. House Trailers. Any house trailer 
used as a dwelling by a resident of this state shall be taxed as 
personal property in the town where it is and so used on April 
first, or in any town in which it is, or into which it is brought, 
and so used after April first and before December thirty-first 
of any year, if it has not been taxed hereunder in such town 
or elsewhere in the state for that year. Notwithstanding the 
provisions of section 16 of chapter 73, a municipal permit for 
registration shall not be required as a condition to the registra- 
tion of any house trailer which in the current tax year has 
been taxed under this section and, satisfactory evidence that 
such tax has been paid is produced; and if a perrjiit fee 
shall have been paid in such year prior to the assessment 
of a tax hereunder, an amount equal to such fee shall be 
allowed as a credit against such tax, regardless of the town in 
which said fee was paid. For the purposes hereof, a person 
shall be deemed a resident of this state if he have a home here 
for a period of ninety days or more during the tax year, or for 
a lesser time if he has no home elsewhere. A house trailer shall 
be deemed to be used as a dwelling if it be the sole or principal 
abode in this state, of a resident. The term tax year shall mean 
the period April first through March thirty-first, inclusive. 

2. Takes Effect. This act shall take effect as of June 1, 
1955. 

[Approved May 14, 1955.] 



1955] Chapters 138, 139 181 

CHAPTER 138. 

AN ACT NAMING THE GOVERNOR JOHN WENTWORTH HIGHWAY, 

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

1. Governor John Went worth Highway. The highway 
known as route 109 from the junction of said route 109 and 
route 16 in the town of Wakefield to the junction of said route 
109 and route 25 in the town of Moultonborough shall be named 
and hereafter known as the Governor John Wentworth High- 
way. The commissioner of public works and highways is 
directed to mark said highway with appropriate markers 
designating the name given to said highway. 

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

[Approved May 14, 1955.] 



CHAPTER 139. 



AN ACT RELATIVE TO SHARE OR SHARE ACCOUNT LIMITS OF 
BUILDING AND LOAN ASSOCIATIONS. 

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

1. Building and Loan Associations. Amend section 5-b of 
chapter 314, Revised Laws, as inserted by chapter 43, Laws 
of 1947, and as amended by section 3, chapter 106, Laws of 
1949 and section 1, chapter 166, Laws of 1953 (section 8, chap- 
ter 393, RSA) by striking out the words, "No person shall hold 
such savings shares in any one association with an aggregate 
participation value exceeding ten thousand dollars, or one-half 
of one per cent of the total assets of said association whichever 
is the greater," so that said section as amended shall read as 
follows: 5-b. Shares. Such association may issue savings 
shares in connection with accounts upon which payments may 
be made at the option of the shareholder. 

2. Repeal. Sections 6, 8-a and 32 of chapter 314, Revised 
Laws (sections 9, 13 and 36, chapter 393, RSA) relative to 
limitations on shares, are hereby repealed. 



182 Chapter 139 [1955 

3. Limitations Removed. Amend section 35, chapter 314, 
Revised Laws, as amended by section 3, chapter 7, Laws of 
1943, section 9, chapter 106, Laws of 1949, and section 2, chap- 
ter 166, Laws of 1953 (section 39, chapter 393, RSA) by strik- 
ing out the words, "No person shall hold more than fifteen 
thousand dollars in these shares, or a combination of paid-up 
shares and investment shares," so that said section as amended 
shall read as follows : 35. Investment Shares. Associations 
may issue investment shares bearing dividends at a rate not to 
exceed five per cent per annum payable semi-annually. Invest- 
ment shares may be withdrawn or retired under the same 
conditions as provided for paid-up shares by sections 33 
and 34. 

4. Single-Payment Shares. Amend section 36 of chapter 
314, Revised Laws, as amended by section 3, chapter 140, Laws 
of 1945 (section 40, chapter 393, RSA) by striking out the 
words "No person shall hold more than twenty-five single-pay- 
ment shares," so that said section as amended shall read as 
follows : 36. Authority to Issue ; Value ; Rights. Such asso- 
ciations may issue single-payment shares of an ultimate value 
of two hundred dollars each. Such single-payment shares shall 
be issued for the consideration of the initial payment only and 
no further payment shall be accepted on account thereof. 
Profits and dividends accruing thereon shall be added to the 
initial payment until the value of each share reaches two 
hundred dollars, when it shall be paid to the shareholder and 
the share shall be retired or paid-up share issued therefor 
under section 31. A holder of a single share shall have the 
right of withdrawal prescribed by sections 26 and 28 subject 
to the limitations therein set forth but such withdrawal must 
be exercised as to the whole of the value of the share at the 
time of withdrawal. Single-payment shares may be paid off at 
any time at the option of the board of directors provided thirty 
days' notice of the payment date shall have been given to the 
holder. The said notice may not be waived. 

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

[Approved May 14, 1955.] 



1955] Chapters 140, 141 183 

CHAPTER 140. 

AN ACT RELATIVE TO UNSECURED LOANS OF BUILDING AND 
LOAN ASSOCIATIONS. 

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

1. Building and Loan Avssociations. Amend chapter 314 
of the Revised Laws (chapter 393, RSA) by inserting after 
section 13 the following new section: 13-a. Unsecured Loans. 

An association or cooperative bank may loan its funds in loans 
insured by the Federal Housing Commissioner under Title I of 
the National Housing Act of 1934 with all subsequent amend- 
ments thereto. 

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

[Approved May 14, 1955.] 



CHAPTER 141. 

AN ACT RELATIVE TO THE UNEMPLOYMENT COMPENSATION LAW. 

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

1. Employer. Amend paragraph (1) of subsection H of 
section 1 of chapter 218 of the Revised Laws, as amended by 
section 2, chapter 185 of the Laws of 1949, (paragraph (1) 
subsection G, section 1, chapter 282, RSA) by striking out the 
whole of the same and inserting in place thereof the follow- 
ing: (1) Any employing unit which in each of twenty differ- 
ent weeks, whether or not such weeks are or were consecutive, 
has or had in employment within a calendar year four or more 
individuals, irrespective of whether the same individuals are or 
were employed in each such week. 

2. Employment Exemption. Amend paragraph (4) of sub- 
section I of section 1 of said chapter 218, as amended by chap- 
ter 58 of the Laws of 1945, sections 3 and 4, chapter 138 of 
the Laws of 1945, sections 2 and 3, chapter 59 of the Laws of 
1947, and section 1, chapter 209 of the Laws of 1953, (para- 
graph (4) subsection H, section 1, chapter 282, RSA) by in- 



184 Chapter 141 [1955 

serting after subparagraph (o) the following new subpara- 
graph (p) : (p) Service performed on behalf of or for a 
corporation or association by an officer or director thereof, for 
which service no wages, as defined in subsection P of this 
section or under the rules and regulations of the director, are 
paid or payable to such officer or director or any person, 
organization or association. 

3. Homeworkers. Amend subsection I of section 1 of said 
chapter 218, as amended by chapter 58 of the Laws of 1945, 
sections 3 and 4, chapter 138 of the Laws of 1945, sections 1, 2 
and 3, chapter 59 of the Laws of 1947, section 3, chapter 185 
of the Laws of 1949, and section 1, chapter 209 of the Laws of 
1953, (subsection I, section 1, chapter 282, RSA) by inserting 
after paragraph (5) the following new paragraph (6) : (6) 
Homeworkers. Service performed wholly or in part at an in- 
individual's own home or any other place, whether done for 
himself or others, for which remuneration or payment is made 
on the basis of pieces of work done, or quantity or lot of work 
done, or in proportion to the piece or part thereof completed, 
or by the hour, shall be employment, and the monies so paid 
shall be wages within the meaning of this chapter. The em- 
ploying unit which pays such wages shall be the employing 
unit of such individual for the purpose of this chapter. 

4. Most Recent Employer. Amend subsection L of section 
1 of said chapter 218, as amended by section 4, chapter 59 of 
the Laws of 1947, and section 1, chapter 36 of the Laws of 
1951, (subsection K, section 1, chapter 282, RSA) by striking 
out the whole of the same and inserting in place thereof the 
following: L. "Most Recent Employer" means the last em- 
ployer with whom an individual's work record exceeded four 
consecutive weeks of employment. 

5. Wages. Amend paragraph (3) of subsection N of sec- 
tion 1 of said chapter 218, as amended by section 5, chapter 59 
of the Laws of 1947, (paragraph (3) of subsection M, section 1, 
chapter 282, RSA) by striking out the whole of the same and 
inserting in place thereof the following: (3) As used in this 
subsection, the term "wages" shall not include: the first three 
dollars computed to the nearest dollar earned during any week, 
or any sum paid pursuant to an arbitration award, or any 
similar payment under any state or federal statute, or vacation 



1955] Chapter 141 185 

pay paid subsequent to the vacation period, or any retroactive 
payment made by reason of the establishment or adjustment 
of a piece rate. 

6. Dismissal PajTiients. Amend paragraph (1) of sub- 
section P of section 1 of said chapter 218, as amended by sec- 
tion 6, chapter 59 of the Laws of 1947, chapter 262 of the 
Laws of 1949, and section 2, chapter 140 of the Laws of 1951, 
(paragraph (1) subsection 0, section 1, chapter 282, RSA) by 
striking out the whole of subparagraph (c) thereof, and 
further amend said paragraph (1) by relettering subpara- 
graphs (d) and (e), so that said paragraph as amended shall 
read as follows: (1) The term "wages" shall not include: 

(a) For the purposes of section 6 of this chapter, that 
part of remuneration which, after remuneration equal to three 
thousand dollars has been paid to an individual by an em- 
ployer with respect to employment during any calendar year, 
is paid to such individual by such employer with respect to 
employment occurring during such calendar year and after 
December 31, 1940 and prior to January 1, 1947 ; or that part 
of the remuneration which, after remuneration equal to three 
thousand dollars with respect to employment has been paid to 
an individual by an employer during any calendar year 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 thousand 
dollars paid to an individual by an employer under the federal 
act during any calendar year, "wages" for the purposes 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 limita- 
tion specified in the Federal Unemployment Tax Act. For the 
purposes of this subsection, the term "employment" shall in- 
clude service constituting employment under any employment 
security law of another state or of the federal government. 

(b) The amount of any payment made to, or on behalf of, 
an individual in its employ under a plan or system established 
by an employing unit which makes provisions for individuals 
in its employ generally or for a class or classes of individuals in 
its employ (including any amount paid by an employer for in- 



186 Chapter 141 [1955 

surance or annuities, or into a fund, to provide for any such 
payment), on account of (A) retirement, or (B) sickness or 
accident disability, or (C) medical and hospitalization expenses 
in connection with sickness or accident disability, or (D) death, 
provided the individual in its employ (i) has not the option to 
receive, instead of provision for such death benefit, any part of 
such payment or, if such death benefit is insured, any part of 
the premiums (or contributions to premiums) paid by the em- 
ploying unit, and (ii) has not the right, under the provisions 
of the plan or system or policy of insurance providing for such 
death benefit, to assign such benefit, or to receive a cash con- 
sideration in lieu of such benefit either upon his withdrawal 
from the plan or system providing for such benefit or upon 
termination of such plan or system or policy of insurance or 
of his employment with such employing unit ; 

(c) Any amounts paid by an employing unit under the 
provisions of section fourteen hundred of the Internal Revenue 
Code without having deducted the same from the remuneration 
of individuals in its employ; 

(d) Any amounts received from the federal government 
by members of the national guard and organized reserve, as 
drill pay, including longevity pay and allowances. 

7. Adjustment of Overpaid Benefit Account by Compromise. 

Amend 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, section 7, chapter 59 of the Laws of 1947, sec- 
tion 1, chapter 30 of the Laws of 1949, section 2, chapter 34 
and sections 4, 5 and 6, chapter 140 of the Laws of 1951, and 
section 2, chapter 65 and section 2, chapter 261 of the Laws of 
1953, (new subsection G to section 2, chapter 282, RSA) by 
inserting at the end thereof the following new subsection G: 
G. Adjustment of Overpaid Benefit Account by Compromise. 
The director may, with the approval of the attorney general, 
effect by written stipulation such settlement of any overpaid 
benefit account due under the provisions of this chapter as he 
may deem to be for the best interests of the state, and the pay- 
ment of the sum so agreed upon shall be a full satisfaction of 
such overpaid benefit account. 

8. Availability. Amend section 3 of said chapter 218, as 
amended by sections 3 and 4, chapter 56 of the Laws of 1943, 



1955] Chapter 141 187 

section 8, chapter 138 of the Laws of 1945, sections 10 and 11, 
chapter 59 and chapter 267 of the Laws of 1947, section 2, 
chapter 30 and chapter 99 of the Laws of 1949, section 3, chap- 
ter 34 and section 7, chapter 140 of the Laws of 1951, (section 
3, chapter 282, RSA) and section 2, chapter 7 of the Laws of 
1955, by striking out the whole of the same and inserting in 
place thereof the following : 3. Benefit Eligibility Conditions. 
An unemployed individual shall be eligible to receive benefits 
with respect to any week only if the director finds that: 

A. He has registered for work at and thereafter has 
continued to report at an employment office in accordance with 
such regulations as the director may prescribe ; 

B. He has made a claim for benefits in accordance with 
the provisions of section 5-A of this chapter; 

C. He is able to work, and available for suitable work. He 
shall be deemed unavailable for suitable work, as it relates to 
shift employment or hours of work, unless he is available on 
all the shifts or during all the hours which the industry or 
occupation for which he is reasonably fitted by training and 
experience is then working, and on or during which there is a 
labor market for the services he offers, except (i) that where 
advised by a legally licensed physician that work on a par- 
ticular shift or during specific hours will be seriously detri- 
mental to his health and proof thereof satisfactory to the 
director has been submitted, he shall not be considered un- 
available because of such limitation if there is a labor market 
for his services during the hours he is otherwise available; 
and (ii) that female claimants shall not be required to be 
available for work on or during the hours of the third shift, 
so-called, or from one o'clock in the morning to six o'clock in the 
morning; provided that if any female claimant elects to be 
available for work during such third shift or the hours 
specifically set forth above and is also available for work on or 
during the hours of one of the other two shifts she shall be 
considered available for work within the meaning of this pro- 
vision, if there is a labor market for her services during such 
hours. 

D. Prior to any week for which he receives benefits he 
has been totally unemployed as defined in section 1-N for a 
waiting period of one week within the same benefit year and 
fulfilled the other requirements of this section; provided that 



188 Chapter 141 [1955 

this requirement shall not interrupt the payment of benefits 
for consecutive weeks of unemployment because of a change 
in the benefit year, even though a change in the weekly bene- 
fit amount and maximum benefits is effected. It is further pro- 
vided that the period not to exceed one week of partial or total 
unemployment or the period not to exceed two weeks of partial 
unemployment immediately preceding the benefit year shall be 
deemed (for the purposes of this subsection) to be within such 
benefit year as well as within the preceding benefit year. For 
the purposes of this paragraph, a week or weeks means the 
period of seven or fourteen calendar days immediately preced- 
ing the first day of the benefit year or the calendar week or 
weeks immediately preceding the benefit year. For the pur- 
poses of this subsection, two weeks of partial unemployment 
shall be deemed equivalent to one week of total unemployment; 
it being provided, however, that if a week of partial unemploy- 
ment is immediately followed by a week of total unemploy- 
ment, then such week of partial unemployment shall be deemed 
equivalent to one week of total unemployment. For the pur- 
poses of this subsection, no week shall be counted as a week 
of total unemployment for any individual : 

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

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

9. Disqualifications for Benefits. Amend section 4 of said 
chapter 218, as amended by sections 9 and 10, chapter 138 of 
the Laws of 1945, sections 12 and 13, chapter 59 of the Laws 
of 1947, sections 5 and 6, chapter 185 of the Laws of 1949, 
sections 2 and 3, chapter 209 and section 1, chapter 260 and 
section 3, chapter 261 of the Laws of 1953, (section 4, chapter 
282, RSA) and chapter 4 of the Laws of 1955, by striking out 
the whole of the same and inserting in place thereof the follow- 
ing: 4. Disqualifications for Benefits. An individual shall 
be disqualified for benefits and no waiting period may be 
served except as otherwise provided by subsection K of this 
section : 

A. For the period of unemployment next ensuing after 
an individual has left his work voluntarily without good cause 
in accordance with rules and regulations of the director. For 
the purposes of this section the "period of unemployment" shall 



1955] Chapter 141 189 

continue until the individual has earned in any one week 
wages equal to or in excess of three dollars more than his 
weekly benefit amount. This subsection shall not apply and 
benefits shall be paid without regard thereto where an unem- 
ployed individual, not under a disqualification, accepts employ- 
ment which would not have been deemed suitable work under 
subsection E of this section and terminates such employment 
within a period of not more than four (4) consecutive weeks 
of employment with or without good cause. 

B. For the week in which he has been discharged for 
misconduct connected with his work, if so found by the 
director, and for the three weeks which immediately follow 
such week. Whichever is the lesser of three times the in- 
dividual's benefit rate or such amount as remains unpaid for 
the benefit year in which such event occurs shall be deducted 
from his maximum benefits, but no change shall be made in 
his weekly benefit amount because of this deduction. 

C. It is further provided that an unemployed individual 
who has been discharged for intoxication of such degree and 
rate of occurrence as to seriously hamper or interfere with the 
individual's work, shall be disqualified for benefits and such 
disqualification shall continue for not less than four weeks nor 
more than twenty-six weeks from the date of the discharge, as 
may be determined by the director. 

D. It is further provided that an unemployed individual 
who has been discharged for arson, sabotage, felony, or dis- 
honesty, connected with his work, shall suffer the loss of all 
wage credits earned prior to the date of such dismissal. 

E. If the director finds that he has failed, without good 
cause, either to apply for available, suitable work when so 
directed by the employment office or the director or to accept 
suitable work when offered him, or to return to his customary 
self-employment (if any) when so directed by the director. 
Such disqualification shall continue for the week in which such 
failure occurred and for the three weeks which immediately 
follow such week, in addition to the waiting period. 

(1) The director, in determining whether or not any 
work is suitable for an individual, shall consider the following: 
(a) The degree of risk involved to his health, safety 
and morals; and 



190 Chapter 141 [1955 

(b) His physical fitness ; and 

(c) His prior training"; and 

(d) His experience; and 

(e) His prospects for securing, in his labor market 
area, work in his customary occupation; and 

(f ) The distance of the available work from his resi- 
dence; and 

(g) His prior earnings and length of unemployment, 
but his prior earnings shall be given more weight than his 
length of unemployment. 

(2) Notwithstanding any other provisions of this chap- 
ter, no work shall be deemed suitable and benefits shall not 
be denied under this chapter to any otherwise eligible individ- 
ual for refusing to accept new work under any of the follow- 
ing conditions : 

(a) If the position offered is vacant due directly to 
a strike, lockout, or other labor dispute ; 

(b) If the wages, hours or other conditions of the 
work offered are substantially less favorable to the individual 
than those prevailing for similar work in the locality; 

(c) If as a condition of being employed the individual 
would be required to join a company union or to resign from or 
refrain from joining any bona fide labor organization. 

F. For any week with respect to which the director finds 
that his total or partial unemployment is due to a stoppage of 
work which exists because of a labor dispute at the factory, 
establishment, or other premises at which he is or was last 
employed, provided that this subsection shall not apply if it is 
shown to the satisfaction of the director that : 

Either, (1) He is not participating in or financing or 
directly interested in the labor dispute which caused the stop- 
page of work ; and 

(2) He does not belong to a grade or class of workers 
of which, immediately before the commencement of the stop- 
page, there were members employed at the premises at which 
the stoppage occurs, any of whom are participating in or 
financing or directly interested in the dispute; provided that 
if in any case separate branches of work which are commonly 
conducted as separate businesses in separate premises are con- 
ducted in separate departments of the same premises each 



1955] Chapter 141 191 

such department shall, for the purposes of this subsection, be 
deemed to be a separate factory, establishment, or other 
premises; or 

(3) The stoppage of work was due solely to a lockout or 
the failure of the employer to live up to the provision of any 
agi'eement or contract of employment entered into between the 
employer and his em.ployees ; or 

(4) The stoppage of work has continued for a period of 
two weeks after the termination of the labor dispute. 

G. For any week or part of a week with respect to which 
he is seeking to receive or has received payments in the form 
of unemployment compensation, or payments supplementary 
to New Hampshire unemployment compensation, under any 
law of the federal government. Provided, however, that there 
shall be no disqualification for seeking to receive or receiving 
unemployment compensation, or supplementary payments, 
under: 

(1) Title XV of the Social Security Act; or 

(2) Any federal law whose purpose is to assist in the 
readjustment of individuals from military to civilian life; or 

(3) The Veterans' Readjustment Assistance Act of 
1952. 

H. For any week or part of a week with respect to which 
he is seeking to receive or has received payments in the form 
of unemployment compensation under an unemployment com- 
pensation law of any other state or under a similar law of the 
federal government. Provided that seeking to receive or re- 
ceiving payments under any reciprocal arrangement to which 
New Hampshire is a party under section 15 of this chapter, 
shall not disqualify the individual for benefits. 

I. For any week or weeks during any part of which he is 
not available for work outside a home, irrespective of his 
reason for refusing to be available for work outside a home. 

J. For the eight weeks immediately preceding the ex- 
pected date of childbirth as certified by a legally licensed 
physician, and for the eight weeks immediately following the 
week in which the childbirth occurs; such latter period shall 
be sooner terminated if subsequent to said childbirth she earns 
in any one week wages in employment as defined under section 
l-I equal to or in excess of three dollars more than her weekly 
benefit amount. 



192 Chapter 141 [1955 

K. For any week with respect to which he is receiving or 
has received remuneration in the form of : 

(1) Wages in heu of notice; or 

(2) A sickness or separation allowance; or 

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

(4) Any payments, upon his discharge from military 
service, from either the state or federal government, or both ; 
Provided that if such remuneration is less than the benefits 
which would otherwise be due under this chapter, he shall be 
entitled to receive for such week, if otherwise eligible, benefits 
reduced by the amount of such remuneration, or a waiting 
period may be served in accordance with the provisions of 
section 3-D. 

10. Claims Determination Procedure. Amend subsection 
B of 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, section 8, chapter 185 of the Laws of 1949, and 
section 2, chapter 36 of the Laws of 1951, (subsection B of 
section 5, chapter 282, RSA) by striking out the whole of the 
same and inserting in place thereof the following : B. Claims 
Determination Procedure. (1) Definitions: 

(a) Certifying Officer. Certifying officer shall mean 
the director or his representative authorized to make determi- 
nations on claims. 

(b) Claim. A claim shall mean: 

(1) Initial Claim. The first filing for benefits within 
a benefit year, or the first claim for benefits immediately 
following any seven-day period for which the claimant did not 
file for benefits and such need not be for a seven-consecutive- 
day period, or with respect to which the claimant did not or 
will not receive any benefits ; 

(2) The application for a waiting-period credit 
under section 3-D of this chapter ; 

(3) The application for either total or partial un- 
employment compensation benefits for any seven-consecutive- 
day period (said period to be determined in accordance with 
the regulations of the director) . 

(c) Interested Party. Interested party shall be the 



1955] Chapter 141 193 

claimant, his last employing unit or employer, and any em- 
ployer whose account may become charged with benefits paid. 
(2) Determination. A determination shall be a decision 
by the certifying officer on a claim and shall be made, except 
as otherwise specifically provided in this chapter, as follows: 

(a) A determination on the first claim in a benefit year 
and not immediately followed by a claim for waiting-period 
credit shall include: the annual earnings in the base period 
with the name of each employer reporting wages paid to the 
claimant, and the amount thereof, the maximum benefits then 
available, the maximum weekly benefit amount and the maxi- 
mum duration thereof, and shall be mailed or delivered to the 
claimant. 

(b) A determination on the first claim in a benefit 
year which is immediately followed by a claim for waiting- 
period credit shall be made promptly following the waiting 
period and shall include : the maximum benefits then available, 
the maximum weekly benefit amount and maximum duration 
thereof, whether or not, with the reasons therefor, the 
claimant will be payable for the week immediately following 
the waiting period and for consecutive weeks thereafter for 
which claims are filed (no other facts appearing to the con- 
trary during such period), and identification of the employer 
whose account will be charged with benefits to be paid by 
reason of such determination. This determination shall in any 
case be mailed or delivered to all interested parties. 

(c) A determination on an initial claim for total or 
partial benefits for any week except as in (a) and (b) above 
shall include : the maximum benefits then available, the maxi- 
mum weekly benefit amount and maximum duration thereof, 
whether or not, with the reasons therefor, the claimant is pay- 
able for such week and for consecutive weeks thereafter for 
which claims are filed (no other facts appearing to the con- 
trary during such period), and identification of the employer 
whose account will be charged with benefits to be paid by 
reason of such determination. This determination shall in 
every case be mailed or delivered to all interested parties ex- 
cept the claimant where the determination is that he is pay- 
able. 

(d) A determination shall be made by a certifying 
officer on any claim for benefits, though not an initial claim. 



194 Chapter 141 [1955 

where, in his judgment, there appears an issue relative to the 
entitlement of the claimant to benefits. The determination shall 
be in the manner provided in (c) immediately above and the 
interested parties shall be notified in the same manner. 

(e) Nothing in this subsection shall be construed to 
require that a determination be made with respect to a claim 
for any week where the week follows immediately after a wait- 
ting period, or is one of any of the consecutive weeks for which 
benefits are paid immediately following such waiting period, 
or is one of any of the consecutive weeks for which benefits 
are paid immediately following the week with respect to which 
a determination is made under (2) (c) above except as pro- 
vided in (2) (d) above. 

(3) In finding the facts material to a claim, the certi- 
fying officer shall in every case where the reason for an in- 
dividual's leaving employment may be material, send to the 
employing unit or employer for whom the claimant last per- 
formed services a request for information, such request to be 
in accordance witli the regulations of the director. When the 
information is not returned by such employing unit or em- 
ployer as required by the regulations of the director, the 
certifying officer shall proceed on the facts available to him 
and any benefits payable pursuant to such determination shall 
be charged to the account of the chargeable employer if he 
fails or refuses to return the information and even though 
the claimant is, by reason of some later appeal, held not to be 
entitled to such benefits. 

(4) A certifying oflficer may, within six months of any 
determination, for good cause reconsider his determination or 
any part thereof, provided there was no appeal taken from the 
determination. Such redetermination shall be made, and an 
appeal therefrom may be had, in the same manner as the 
original determination. 

(5) Any claim or question involved therein may be re- 
ferred by the certifying officer to an appeal tribunal, and such 
appeal tribunal shall make its decision with respect thereto 
in accordance with the procedure described in subsection C of 
this section. 

(6) Any interested party may appeal from a certify- 
ing oflficer's determination by filing an appeal to an appeaj 
tribunal within five calendar days after delivery of the de- 



1955] Chapter 141 195 

termination or within seven calendar days after the determi- 
nation was mailed to his last known address. Provided, that if 
the director finds sufficient grounds to justify or excuse a de- 
lay in filing an appeal, the time for filing said appeal may be 
extended by him. 

(7) If no appeal from a determination by a certifying 
officer is taken within the time limits in (6) above such de- 
termination shall thereupon become final and benefits shall be 
paid or denied in accordance therewith, subject to the pro- 
vision in (6) above relative to good cause for late filing of the 
appeal. 

(8) A last employing unit or any employer whose 
account may become charged with benefits paid as a result of 
a determination by a certifying officer may waive, in proper 
form, in writing, his right to appeal from such determination 
prior to the making thereof, and in such case the determina- 
tion shall become final upon the making thereof as to the 
issues involved, and benefits may be immediately paid pursuant 
thereto. 

(9) Where an appeal has been duly filed the certifying 
officer's determination shall have no force or eff'ect and bene- 
fits shall be paid or denied only in accordance with and sub- 
sequent to the decision of the appeal tribunal. Provided, how- 
ever, that the certifying officer's determination shall continue 
to have effect as though no appeal had been filed with respect 
to all weeks of unemployment and any amount not affected by 
the appeal. 

(10) Where an appeal tribunal affirms the determina- 
tion of a certifying officer allowing benefits, such benefits shall 
be paid in accordance therewith without regard to any appeal 
to court under subsection G of this section, or reopening under 
subsection C of this section, up to the week in which such 
appeal to court is filed or request for reopening is received or 
the week in which reopening is directed when reopening is at 
the initiation of the director, and the claimant shall be en- 
titled to such benefits though the first decision of the appeal 
tribunal is later reversed, altered or in any way modified, and 
such benefits so paid shall be charged to the fund. 

11. Appeal to Courts. Amend subsection G of section 5 of 
said chapter 218, as amended by section 15, chapter 59 of the 
Laws of 1947, and section 2, chapter 290 of the Laws of 1949, 



196 Chapter 141 [1955 

(subsection G of section 5, chapter 282, RSA) by striking out 
the whole of the same and inserting in place thereof the follow- 
ing: G. Appeal to Courts. (1) Any interested party 
aggrieved by any decision of an appeal tribunal in proceedings 
under this chapter may, within ten days after the date of 
notification or mailing of such decision, appeal therefrom to 
the superior court in the manner provided in paragraph (3) 
of this subsection. 

(2) Any interested party aggrieved by any decision of 
an appeal tribunal in proceedings under this chapter, who 
within ten days after the date of notification or mailing of 
such decision requests the director to direct the appeal 
tribunal to reopen the case and hold a further hearing to re- 
consider the case on the grounds of fraud, mistake, newly 
discovered evidence or change in conditions (as required in sub- 
section C of this section), may within ten days after the date 
of notification or mailing of the decision of the director which 
finally refuses the request for reopening of the case, appeal 
therefrom to the superior court in the manner provided in 
paragraph (3) of this subsection. 

(3) Appeal to superior court in (1) and (2) above shall 
be to the superior court for the county in which is located the 
employment bureau or branch in which the original claim was 
filed. The appeal shall be perfected by filing a petition with the 
clerk of said superior court within the time limits specified in 
(1) and (2) above, and such petition must set forth specifically 
the grounds upon which it is claimed that the decision is in 
error, and no bond shall be required as a condition of entering 
such appeal. Thereupon the clerk of said superior court shall 
issue a citation to all interested parties, including in every 
case the director, returnable at any time within ten days after 
the date of issue. The director shall file with said clerk before 
trial a certified copy of the record on the claim which shall, 
upon being so filed, become part of the record of the case and 
part of the evidence in the case to be considered by the court. 
The superior court shall hear the case de novo. An appeal 
may be taken from the decision of the superior court to the 
supreme court in the same manner as is provided in civil 
actions. Upon the final determination of such judicial proceed- 
ing, the director shall enter an order in accordance with such 
determination. 



1955] Chapter 141 197 

(4) Any interested party aggrieved by any decision of 
an appeal tribunal in proceedings under this chapter, who fails 
within the ten-day period after the date of notification or 
mailing of such decision, for whatever reason, either to re- 
quest the director to direct a reopening for the purpose of re- 
considering the case on the grounds of fraud, mistake, newly 
discovered evidence or change in conditions, or to appeal to 
superior court under paragraph (1) above, but who at some 
subsequent time within the year allowed in subsection C of 
this section requests the director to direct such reopening, 
may, within ten days after the date of notification or mailing 
of the decision of the director which finally refuses the re- 
quest for reopening of the case, appeal therefrom to the 
superior court for the county in which is located the employ- 
ment bureau or branch in which the original claim was filed. 
Judicial review by said superior court under this paragraph 
shall be confined to whether or not the director's decision was 
the result of arbitrary, unreasonable or capricious action, or 
contrary to law. The appeal under this paragraph shall be per- 
fected by filing a petition with the clerk of said superior court 
within the time limit above specified, and the petition must set 
forth specifically the grounds on which it is alleged that the 
action of the director was arbitrary, unreasonable or capri- 
cious, or contrary to law, and no bond shall be required as a 
condition of entering such appeal. Thereupon the clerk of said 
superior court shall issue a citation to all interested parties, 
returnable at any time within ten days after the date of issue. 
The director shall file with said clerk before trial or hearing 
a certified copy of the entire record on the claim which shall, 
upon being so filed, become the record of the case. An appeal 
may be taken from the decision of the superior court to the 
supreme court in the same manner as is provided in civil 
actions. Upon the final determination of such judicial pro- 
ceeding, the director shall enter an order in accordance with 
such determination. 

(5) Any interested party aggrieved by any decision in 
proceedings under section 13-D of this chapter may appeal to 
superior court in the manner provided in section 5-G(3) of 
this chapter. 

(6) A petition of appeal shall not act as a supersedeas 
or stay unless the director shall so order. 



198 Chapter 141 [1955 

(7) The director may of his own motion transfer to the 
supreme court any question of law arising in the administra- 
tion of this chapter. 

12. Separate Accounts. Amend subsection C of section 6 
of said chapter 218, as amended by 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. section 3, chapter 36 of the 
Laws of 1951, and section 5, chapter 209 of the Laws of 1953, 
(subsection C, section 6, chapter 282, RSA) by striking out the 
whole of the same and inserting in place thereof the following : 
C. Separate Accounts. (1) The director shall maintain a 
separate account for each employer and shall credit his account 
with all contributions paid by him or on his behalf. But noth- 
ing in this chapter shall be construed to grant any employer or 
individuals in his service prior claims or rights to the amounts 
paid by him into the fund, either on his own behalf or on be- 
half of such individuals. Benefits paid to an eligible individual 
shall be charged against the account of the claimant's most re- 
cent employer. 

(2) In assigning the charges for benefits to the account 
of the most recent employer under this subsection, no benefits 
will be charged to the account of an individual employer but 
shall be charged by the director against the fund where: 

(a) Benefits are paid to ex-servicemen on the basis of 
frozen wage credits ; or 

(b) Benefits are paid and are not chargeable against 
any employer's account in accordance with the provisions of 
section 5-B of this chapter; or 

(c) Benefits are paid and a chargeable employer 
under paragraph (4) of this subsection has not been estab- 
lished following a determination of the director that an in- 
dividual was disqualified for: 

(1) voluntary leaving without good cause attribut- 
able to the employer, or 

(2) discharge for misconduct connected with his 
work; or 

(d) Benefits are paid to a woman subsequent to 
childbirth and a chargeable employer under paragraph (4) of 
this subsection has not been established subsequent to such 
childbirth. 



1955] Chapter 141 199 

(3) The account of the most recent employer shall be 
immediately relieved of charges where benefits are determined 
to be overpayments as a result of the application of any pro- 
vision of this chapter, and such benefits shall be charged 
against the fund. 

(4) The account of the claimant's most recent employer 
as defined in section 1-L shall be charged with all benefits paid 
except as otherwise specifically provided in this chapter. 

(5) Each week the director shall notify all employers 
of benefits charged during the preceding week to their 
separate accounts, by means of a duplicate or copy of each such 
claimant's benefit check or in any manner determined by the 
director. 

(6) The director shall, by general rules, prescribe the 
manner in which benefits shall be charged against the accounts 
of several employers for whom an individual performed em- 
ployment at the same time. 

13. Merit Rating. Amend subsection D of 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 and section 1, chapter 251 of the Laws 
of 1949, section 4, chapter 36 and sections 2, 3, 4, 5 and 6, 
chapter 142 of the Laws of 1951, and section 6, chapter 209 of 
the Laws of 1953, (subsection D, section 6, chapter 282, RSA) 
and section 3, chapter 7 of the Laws of 1955, by striking out 
the whole of the same and inserting in place thereof the follow- 
ing: D. Merit Rating. (1) The director 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 effective with the 
fiscal year beginning July 1, 1951 and on each succeeding fiscal 
year beginning on July 1 thereafter 

(2) (a) Annual pay roll shall be the total amount of 
wages paid for employment during a calendar year; 

(b) Average annual pay roll shall be the average of 
the employer's actually existing annual pay rolls for the three 
immediately preceding consecutive calendar years prior to 
January 1 of the year in which the computation applies ; except 



200 Chapter 141 [1955 

that for an employer eligible for merit rate consideration under 
(3) (b) below, the average annual pay roll shall be the average 
of such employer's actually existing annual pay rolls for the 
calendar years, in which he has been subject to tliis chapter, 
immediately preceding January 1 of the year in which the 
computation applies. 

(3) (a) 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 throughout which the separate 
account of the employer was chargeable with benefits ; 

(b) For an employer who as of the computation date 
has not completed the three-year chargeability requirement in 
(a) above, such period of time may be reduced to the number 
of years throughout which such employer's separate account 
has been chargeable with benefits, but in no case less than one 
calendar year immediately preceding the computation date and 
throughout which such separate account was chargeable with 
benefits ; 

(c) It is further provided that no rate of less than 
2.7 per centum shall be allowed in any case unless such em- 
ployer had an annual pay roll for the calendar year immediately 
preceding the computation date. 

(4) No employer shall be entitled to a merit rate under 
this subsection 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, preceding said first half of said fiscal year, equals 
or exceeds twelve million dollars, at which time the computa- 
tions and rates delineated in Schedule I will, subject to further 
provisions 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 rate under this 
subsection 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 exceeds twelve million dollars, at which time the 
computations and rates delineated in Schedule I will, subject to 
further provisions hereinbelow made, become effective and 
applicable for said second half of said fiscal year. It being 



1955] Chapter 141 201 

further provided that if as of March 31 preceding the first half 
of any fiscal year effective with the fiscal year beginning 
July 1, 1955, the unemployment compensation fund equals or 
exceeds twenty 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, 1955, 
the unemployment compensation fund equals or exceeds 
twenty million dollars, the computations and rates delineated 
in Schedule II will become effective and applicable for said 
second half of said fiscal year. 

(5) It is further provided that the time the operation 
of a business of an employer was suspended because of the 
employer's service in the armed forces during World War II, 
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 iDeen 
actively and continuously operating during such period. 

(6) Should the director determine at any time that the 
solvency of the fund does not permit the adoption or mainte- 
Tiance of individually reduced contribution rates under this sub- 
section, he shall, for the purposes of this subsection, set a 
standard rate for all employers of 2.7 per centum per annum. 
The director may make such change effective with the first 
day of any calendar quarter. 

(7) No employer shall be entitled to a merit rate und.er 
this subsection for any fiscal year effective with the fiscal 
year beginning 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 pro- 
visions of this chapter. It is provided, however, that any em- 
ployer who 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 last three quarters 
of the fiscal year in question. 

(8) The computation date will be January 1 (to include 
contributions on that year's and prior years' employment paid 
through the succeeding January 31) and the effective date will 



202 Chapter 141 [1955 

be July 1. If, as of the computation date, the total of all con- 
tributions 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 pro- 
visions 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 twenty million dollars, his contribution rate effective 
as hereinabove provided 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; 

(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. 

(9) It is further provided that, subject to the provisions 
and conditions hereinabove fully described as to the status of 
the unemployment compensation fund being equal to or ex- 
ceeding twenty million dollars, said employer's contribution 
rate effective as hereinabove provided shall, after computation 
is made in the manner described in the next preceding para- 



1955] Chapter 141 203 

graph, 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 ten 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. 

(10) No employer shall be entitled to a contribution 
rate of less than one-half of one per centum. 

(11) No employer shall be entitled to have more than 
seven-tenths of one per centum subtracted from the contribu- 
tion 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. 

(12) Reports to an employer of the merit rate of said 
employer for the applicable period shall be furnished in such 
manner as the director may prescribe, but in any event not 



204 Chapter 141 [1955 

less frequently than once every year. Any merit rate assigned 
to any employer under this section, of which the employer has 
been notified, shall be considered correct for all purposes un- 
less objections to such merit rate 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. 

(13) If objections to such merit rate duly and properly 
made are received, any redetermination of said merit rate, 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. 

(14) Except as otherwise provided in this section, 
whenever through inadvertence, mistake or any other means 
erroneous charges or credits are found to have been made to an 
employer's account, the same shall be readjusted as of the date 
of discovery and such readjustment shall not affect any com- 
putation or rate assigned prior to the date of discovery but 
there shall be an immediate recomputation, in accordance with 
the applicable provisions of this section, of such employer's 
account with notice to the employer of the result thereof, and 
if such recomputation results in a contribution rate either 
higher or lower than that rate in effect on the date of discovery 
such new rate shall become effective and applicable to taxable 
wages as of the first day of the quarter next succeeding the 
quarter in which the discovery is made. 

14. Successorship. Amend subsection E of section 6 of 
said chapter 218, as inserted by section 16, chapter 138 of the 
Laws of 1945, and as amended by section 6, chapter 36 of the 
Laws of 1951, (subsection E, section 6, chapter 282, RSA) 
by striking out the whole of the same and inserting in place 
thereof the following: E. Successorship. (1) For the pur- 
poses 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 employer, excepting, in any 
such case, any assets retained by such employer incident to the 
liquidation of his obligations (whether or not such acquiring 
employing unit was an employing unit within the meaning of 
section 1-G of this chapter prior to such acquisition), and who 



1955] Chapter 141 205 

intends to continue such organization, trade or business, im- 
mediately shall notify the director thereof, and shall assume, 
for the purpose of liability, the position of such employer with 
respect to such employer's separate account, actual contribu- 
tion and benefit experience and annual pay rolls, as if no 
change with respect to such separate account, actual experi- 
ence and pay rolls had occurred and with the same effect for 
such purpose as if the operations of such employer had at all 
times been carried on by such employing unit. Such separate 
account shall be transferred by the director 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 the former 
employer's separate account until the fact of successorship is 
determined by the director and thereafter shall be charged to 
the account of the acquiring employing unit. 

(2) No rate of less than 2.7 per centum shall be per- 
mitted an employing unit succeeding to the experience of an- 
other employing unit pursuant to this subsection for any 
period subsequent to such succession except in accordance with 
regulations prescribed by the director, which regulations shall 
be consistent with federal requirements for additional credit 
allowance in section 1602 of the Internal Revenue Code, and 
consistent with the provisions of this chapter, except that such 
regulations may establish a computation date for any such 
period different from the computation date generally pre- 
scribed by this chapter. 

(3) Unless hereinafter specificallj^ provided the pro- 
visions of this subsection shall apply to acquisition prior, 
as well as subsequent, to the date this subsection becomes 
effective, and any employing unit which so acquired the 
trade, organization or business of any employer, or sub- 
stantially all the assets thereof, prior to said effective date 
shall notify the director within sixty days thereafter; pro- 
vided, 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 be- 
fore. 



206 Chapter 141 [1955 

15. Records and Reports. Amend subsection G of section 
9 of said chapter 218, as amended by section 20, chapter 138 
of the Laws of 1945, and section 13, chapter 185 of the Laws 
of 1949, (subsection M of section 9 of chapter 282, RSA) by 
striking out the whole of the same and inserting in place there- 
of the following: G. Records and Reports. (1) Each em- 
ploying unit shall keep true and accurate work records, for 
such periods of time and containing such information as the 
director may, by regulation, prescribe. Such records shall be 
open to inspection and be subject to being copied by the 
director or his authorized representatives at any reasonable 
time and as often as may be necessary. The director may, at 
his discretion, notify any employer of the prospective benefit 
rights of any employee. 

(2) The director or his authorized representatives and 
the chairman of any appeal tribunal may require from any 
employing unit any sworn or unsworn reports or statements, 
with respect to persons employed by it, which either deems 
necessary for the effective administration of this chapter. In- 
formation thus obtained or obtained from any individual, 
claimant or employing unit pursuant to the administration of 
this chapter, shall be held confidential and shall not be 
published or open to public inspection in any manner revealing 
the individual's or employing unit's identity except: 

(a) That an employing unit may inspect, at the con- 
venience of the director, records and reports which pertain to 
his separate account, and, records and reports of claimants 
where the employing unit was the last employing unit or the 
employer whose separate account may be or has been charged 
with benefits paid to such claimant ; 

(b) That a claimant may inspect records and reports 
of an individual or employing unit which are directly connected 
with any claim for benefits which he may have made, includ- 
ing any which he has submitted in support of his claim for 
benefits; but he shall not be entitled to inspect the separate 
account or records directly connected therewith of any em- 
ploying unit; 

(c) That public employees in the performance of 
their public duties may inspect records and reports of an in- 
dividual, an employing unit or a claimant where such informa- 
tion will aid in the performance of their public duties. 



1955] Chapter 141 207 

(3) The director may cause to be made such summaries, 
compilations, photographs, duphcations, or reproductions of 
any records, reports, or transcripts thereof, as he may deem 
advisable for the effective and economical preservation of the 
information contained therein, and such summaries, compila- 
tions, photographs, duplications or reproductions, duly 
authenticated, shall be admissible in any proceeding under 
this chapter if the original record or records would have been 
admissible therein. 

(4) The director m.ay by regulation order the de- 
struction, after reasonable periods, of any and all records, re- 
ports, transcripts or reproductions thereof, or other papers 
kept pursuant to the administration of the unemployment com- 
pensation law, which are not considered by him as necessary 
to the administration of this chapter. 

(5) Any employee of the division of employment 
security, member of an appeal tribunal, or any individual, 
corporation, association, partnership or other type of organi- 
zation, who lawfully obtains or sees records, reports or in- 
formation obtained in the administration of this chapter, who 
violates any provision of this section shall be fined not less 
than twenty dollars nor more than two hundred dollars, or im- 
prisoned for not more than ninety days, or both. 

(6) No action for slander or libel, either criminal or 
civil, shall be predicated upon information furnished by any 
employer or any employee to the director in connection with 
the administration of any of the provisions of this chapter. 

16. Contingent Fund. Amend subsection C of section 10 
of said chapter 218, as inserted by section 15, chapter 185 of 
the Laws of 1949, (subsection C, section 10, chapter 282, RSA) 
by striking out the whole of the same and inserting in place 
thereof the following: C. Contingent Fund. There is here- 
by created in the state treasury a special fund to be known as 
the contingent fund. All interest, fines and penalties 
collected under the provisions of this chapter, after the 
effective date of this subsection, shall be paid into this fund. 
The monies in this fund may be used by the director: (1) as 
a revolving fund to cover expenditures (necessary and proper 
under the law) for which federal funds have been duly re- 
quested but not yet received, subject to the charging of such 



208 Chapter 141 [1955 

expenditures against such funds when received, (2) for an 
annual audit by a private firm of certified public accountants, 
such firm to be designated by the state comptroller with 
approval of the governor and council, of the various funds 
provided for under this chapter and the employers' separate 
accounts maintained pursuant thereto, (3) for training and 
education of employment security personnel in their work, 
when money for such is not available from the federal govern- 
ment, (4) for rents, fees, salaries and equipment when money 
for such is not available from the federal government, (5) for 
any other purpose which is found by the governor and council 
to be in furtherance of the administration of this chapter. 
Monies in this fund shall not be expended or available for ex- 
penditure in any manner which would permit their substitu- 
tion for (or a corresponding reduction in) federal funds which 
would, in the absence of said monies, be available to finance 
expenditures for the administration of this chapter. This fund 
shall be used by the director for the payment of costs of ad- 
ministration which are found not to have been properly and 
validly chargeable against federal grants (or other funds) re- 
ceived for or in the unemployment compensation and employ- 
ment service administration fund on or after the effective date 
of this subsection. The monies in this fund are hereby specifi- 
cally made available to replace, within a reasonable time, any 
monies received by this state pursuant to section 302 of the 
federal Social Security Act, as amended, which, because of 
any action or contingency, have been lost or expended for pur- 
poses other than, or in amounts in excess of, those necessary 
for the proper administration of this chapter. The monies in 
this fund shall be continuously available to the director for 
expenditure in accordance with the provisions of this sub- 
section and shall not lapse at any time or be transferred to 
any other fund except as herein provided. Provided, however, 
that on June 30 of each year all monies in excess of one thou- 
sand dollars in this fund shall be transferred to the unemploy- 
ment compensation fund. In the event that a refund of interest, 
a fine or a penalty is found necessary, and such interest, fine 
or penalty has been deposited in the contingent fund, such re- 
fund shall be made from the contingent fund. This fund shall 
be administered and disbursed in the same manner and under 
the same conditions as other special funds of the state 
treasury. 



1955] Chapter 141 209 

17. Injunction. Amend section 11 of said chapter 218, as 
amended by sections 21 and 22, chapter 138 of the Laws of 
1945, section 23, chapter 59 of the Laws of 1947, sections 16 
and 17, chapter 185 and chapter 201 of the Laws of 1949, 
section 9, chapter 140 of the Laws of 1951, sections 9, 10, 11 
and 12, chapter 209 of the Laws of 1953, (section 12, chapter 
282, RSA) by inserting after subsection C thereof the follow- 
ing new subsection C-1: C-1. Injunction. Any employer or 
employing unit refusing or failing to make and file required 
reports or to pay any contributions, interest or penalties when 
due under the provisions of this chapter, after ten days' 
written notice sent by the director or his authorized repre- 
sentative to the employer's or employing unit's last known 
address by registered mail, may be enjoined from operating any 
business in the state while in violation of the provisions of this 
chapter upon the complaint of the director of the division of 
employment security in the superior court of the county in 
which the employer or employing unit has or had a place of 
business within the state, and any temporary injunction en- 
joining the continuance of such business may be granted with- 
out notice. Such injunction may enjoin any employer or em- 
ploying unit from operating his or its business until such re- 
ports and/or contributions including interest and penalties 
shall have been made and filed or paid. The provisions of this 
subsection shall be deemed as cumulative and in addition to 
any other provisions of this chapter relating to the collection 
of contributions by the director. 

18. Adjustments and Refunds. Amend subsection F of 
section 11 of said chapter 218, as amended by section 22, chap- 
ter 138 of the Laws of 1945, chapter 201 of the Laws of 1949, 
and section 10, chapter 209 of the Laws of 1953, (subsection H 
of section 11, chapter 282, RSA) by striking out the whole of 
the same and inserting in place thereof the following: F. 
Adjustments and Refunds. If not later than four years from 
the last day of the period with respect to which a payment 
of any contributions or interest thereon was made, or one year 
from the date on which such payment was made, whichever 
shall be the later, an employing unit or employer who has paid 
such contribution or interest thereon, shall make application 
for an adjustment thereof in connection with subsequent 
contribution payments, or for a refund thereof because such 



210 Chapter 141 [1955 

adjustment cannot be made, and the director shall determine 
that such contributions or interest or any portion thereof was 
erroneously collected, the director shall allow such employing 
unit or employer to make an adjustment thereof, without in- 
terest, in connection with subsequent contribution payments 
by him, or if such adjustment cannot be made, the director 
shall refund said amount, without interest, from the fund, un- 
less such payments are to be refunded from the contingent 
fund as provided in section 10-C. The director, on his own 
initiative, may, in any case, for like cause and within the same 
period, allow either adjustment or refund, as he in his dis- 
cretion may deem to be for the best interests of the state. 
Nothing in this chapter or in any part thereof, shall be con- 
strued to authorize any refund or credit of monies due and 
payable under the law and regulations in effect at the time 
such monies were paid. 

19. Jeopardy Assessment. Amend section 11 of said chap- 
ter 218, as amended by sections 21 and 22, chapter 138 of the 
Laws of 1945, section 23, chapter 59 of the Laws of 1947, 
sections 16 and 17, chapter 185 and chapter 201 of the Laws of 
1949, section 9, chapter 140 of the Laws of 1951, and sections 
9, 10, 11 and 12, chapter 209 of the Laws of 1953, (section 11, 
chapter 282, RSA) by inserting after subsection H thereof the 
following new subsection H-1 : H-1. Jeopardy Assessment. 
If the director believes that the collection of contributions will 
be jeopardized by delay, he shall, whether or not the time pre- 
scribed by section 6 or section 11 or by the rules and 
regulations of the director for making return and paying such 
contributions has expired, immediately assess on the basis of 
whatever information he may have such contributions to- 
gether with all interest and penalties. Such contributions, in- 
terest and penalties shall thereupon become immediately due 
and payable, and immediate notice and demand, either in per- 
son or in writing, shall be made by the director or his duly 
authorized representatives for the payment thereof. Upon 
failure or refusal to pay immediately such contributions, inter- 
est and penalties, collection thereof by any means provided in 
this section shall be lawful without regard to the period pre- 
scribed in section 11-G or by the rules and regulations of the 
director, and proceedings may also be instituted under sec- 
tion 13 for such failure or refusal. 



1955] CHAPTER 141 211 

The collection of the whole or any part of the amount of 
such assessment may be stayed by filing with the director a 
bond in such amount as is equal to the amount to which the 
stay is desired and with such sureties as the director deems 
necessary conditioned on payment of the amount collection of 
which is stayed, at the time at which, but for this subsection, 
such amount would be due. 

An assessment under this subsection shall not finally fix 
the amount of such contributions, interest and penalties. Where 
the amount due is subsquently discovered to be greater than 
that assessed, the balance shall be collected by any means 
provided in this section. If the amount due is subsequently dis- 
covered to be less than that assessed, it will be adjusted in the 
manner provided by section 11-F. 

20. Penalties. Amend section 13 of said chapter 218, as 
amended by section 23, chapter 138 of the Laws of 1945, 
section 10, chapter 140 and section 8, chapter 142 of the Laws 
of 1951, and section 13, chapter 209 of the Laws of 1953, 
(section 14, chapter 282, RSA) by striking out the whole of 
the same and inserting in place thereof the following: 13. 
Penalties. A. Whoever wilfully 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 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 fail- 
ure to disclose a material fact shall constitute a separate and 
distinct offense. 

B. Any individual who wilfully makes a false statement 
or representation or knowingly fails to disclose a material fact 
before a representative of the division of employment security 
of the state of New Hampshire to obtain benefits under the 
laws of any other state or the federal government shall be 
subject to the same provisions of this chapter as if he were 
claiming benefits under this chapter. 

C. Any individual who is convicted under subsection A 
of this section shall be deemed disqualified from receiving 
benefits for one year from the date of such conviction, and all 
benefits received for any week or weeks directly affected by 
such false statement or representation or failure to disclose a 



212 Chapter 141 [1955 

material fact shall be deemed overpaid and restitution shall be 
ordered by the court in all such cases in an amount equal to 
such overpayment. 

D. Whoever wilfully makes a false statement or repre- 
sentation or knowingly fails to disclose a material fact, 
whether before a representative of the division of employment 
security of the state of New Hampshire or in another state be- 
fore a representative of the unemployment compensation 
agency of that state which is acting in the capacity of agent 
for the state of New Hampshire, to obtain or increase any 
benefit or other payment under this chapter, either for himself, 
or for any other person, may, in the discretion of the director 
or his authorized representative, be determined to be dis- 
qualified for benefits for each week directly affected by the 
false statement or representation or failure to disclose a 
material fact, and all benefits received for each week of such 
disqualification shall be deemed overpaid and restitution in an 
amount equal to such overpayment shall be ordered by the 
director or his authorized representative. In addition to such 
disqualification he shall be deemed ineligible to receive benefits 
for not less than four nor more than fifty-two consecutive 
weeks, beginning with the week in which the decision is made, 
as determined, by the director or his authorized representative. 
For each week of determined ineligibility an amount equal to 
the individual's maximum weekly benefit rate during such 
week shall be deducted from the maximum benefits available to 
him during the benefit year in which such week falls, but no 
change shall be made in his weekly benefit amount because of 
this deduction. Any proceeding or action taken under this sub- 
section shall be in lieu of and not in addition to any proceed- 
ing or action taken under subsection A of this section. 

E. Any person who has received any benefits under this 
chapter while any conditions for the receipt of benefits im- 
posed by this chapter were not fulfilled or while he was dis- 
qualified from receiving benefits, shall, unless such benefits 
were received by him solely through error or inadvertence of 
the director or his authorized representative as defined by the 
regulations of the director, be liable to repay to the director 
such benefits and they shall be considered to be overpayments. 
No such overpayment shall exist unless a determination has 
been made by a certifying officer setting forth the facts caus- 



1955] Chapter 141 213 

ing the creation of the overpayment and notice of such de- 
termination has been sent to the claimant who may appeal in 
the manner set forth in section 5 of this chapter. Such de- 
termination shall be made within two years of the weeks 
affected thereby. 

The director shall collect any overpayment created under 
this chapter by civil action in any manner provided for the 
collection of contributions in section 11 of this chapter, and 
shall withhold, in whole or in part as determined by the 
director, any future benefits payable to the individual, and 
credit such amount withheld against the overpayment until it 
is repaid in full. 

F. Any employing unit, as enumerated in or within the 
meaning of section 1-G of this chapter, or any officer or agent 
of an employing unit, who knowingly makes a false statement 
or representation or who knowingly fails to disclose a material 
fact to avoid becoming or remaining subject hereto or to avoid 
or prevent or reduce any contribution or other payment re- 
quired of such employing unit under this chapter, or to deny 
or reduce payments of benefits to any individual, or who 
knowingly fails or refuses to make any such contribution or 
other payment or to furnish any reports required hereunder 
or to testify or to permit inspection of records or produce 
records as required hereunder, or who makes, permits or re- 
quires any deduction from wages to pay all or any portion of 
the contributions required from employers, or who attempts 
to induce any individual to waive any right under this chapter, 
shall, upon conviction, be fined not less than twenty-five nor 
more than five hundred dollars, or imprisoned not more than 
one year, or both; and each such violation shall constitute a 
separate and distinct offense, 

G, Any violator of any provision of this chapter, or of 
any order, rule or regulation thereunder, for which a penalty 
is neither prescribed above nor provided by any other appli- 
cable statute, shall be fined not less than twenty nor more than 
two hundred dollars, or imprisoned not more than one year, 
or both ; and each such violation shall constitute a separate and 
distinct offense. 

H. Recovery for another State, On request of an agency 
which administers an employment security law of another 
state and which has found in accordance with the provisions of 



214 Chapter 142 [1955 

such law that a claimant is liable to repay benefits received 
under such law by reason of having knowingly made a false 
statement or representation or knowingly failed to disclose a 
material fact with respect to a claim taken in this state as an 
agent for such agency, the director may, if the existence of 
such false statement or representation or knowing failure to 
disclose a material fact 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 repay any amount 
to the agency of another state such amounts may be collected 
without interest by civil action in the name of the director 
acting as agent for such agency. 

21. Director, Deputy Directx)r. Amend section 9 of said 
chapter 218 (section 9, chapter 282, RSA) by inserting after 
subsection E thereof the following new subsection: E-1. 
Incapacity, Absence and Inability. The deputy director of the 
division of employment security shall act as director whenever 
the director of the division of employment security is in- 
capacitated, absent or unable to act for any cause. The deputy 
director shall also act as director of the division of employment 
security until a new director is duly appointed whenever there 
is no director. During such period as the deputy director acts 
as director his status as a classified state employee shall con- 
tinue and shall in no way be altered, affected or changed. 

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

[Approved May 14, 1955.] 



CHAPTER 142. 

AN ACT RELATIVE TO SPECIAL SESSIONS OF PROBATE COURTS. 

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

1. Judges of Probate. Amend section 23 of chapter 346, 
Revised Laws, (section 24, chapter 547, RSA) by striking out 
said section and inserting in place thereof the following: 23. 
Special Sessions. Whenever the judge, at the request of the 



1955] Chapter 143 215 

parties, shall attend an uncontested hearing on days other 
than those fixed by the statute as the regular days for the 
sitting of the probate court, he may be allowed five dollars for 
his service plus his expenses. In the case of a contested hear- 
ing, he shall be allowed additional compensation which shall 
not exceed an additional ten dollars for a half day or an addi- 
tional twenty dollars for a whole day plus his expenses. Such 
compensation and expenses shall be paid out of the estate to 
which the proceedings relate, unless the judge rules otherwise. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 143. 



AN ACT RELATIVE TO PENALTY FOR FAILURE TO SURRENDER MOTOR 

VEHICLE LICENSE, REGISTRATION OR NUMBER PLATE UPON 

DEMAND AND RELATIVE TO SPECIAL NUMBER PLATES. 

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

1. Motor Vehicles, Penalties. Amend section 21 of chap- 
ter 118 of the Revised Laws (section 26, chapter 262, RSA) 
by inserting after the word "justice," in the next to last line of 
said section the words, or who refuses to surrender to the com- 
missioner or his duly authorized representative any license, 
registration certificate or number plates upon demand after 
suspension or revocation of the same, so that said section as 
amended shall read as follows : 21. Disobeying Officer. Any 
person who, while operating or in charge of a motor vehicle, 
shall refuse when requested by a police officer to give his name 
and address or the name and address of the owner of such 
motor vehicle, or who shall give a false name or address, or 
who shall refuse or neglect to stop when signaled to stop by 
any police officer who is in uniform or who displays his badge 
conspicuously on the outside of his outer coat or garment, or 
who refuses on demand of such officer to produce his license to 
operate such vehicle or his certificate of registration, or to 
permit such officer to take the license or certificate in hand 
for the purpose of examination, or who refuses on demand of 



216 Chapter 144 [1955 

such officer to sign his name in the presence of such officer, or 
who refuses or neglects to produce his license when requested 
by a court or justice, or who refuses to surrender to the com- 
missioner or his duly authorized representative any license, 
registration certificate or number plates upon demand after 
suspension or revocation of the same, shall be fined not less 
than twenty-five nor more than one hundred dollars. 

2. Motor Vehicles. Amend section 7-a of chapter 116 of 
the Revised Laws, as inserted by chapter 81 of the Laws of 
1953, and as amended by chapter 28 of the Laws of 1955 
(section 10, chapter 260, RSA) by inserting after the words 
"members of the senate" the words, or their spouse ; by insert- 
ing after the words "members of the house of representatives" 
the words, or their spouse; and by inserting after the words 
"his deputy" the words, county sheriffs, so that said section as 
amended shall read as follows : 7-a. Special Number Plates. 
Upon payment of motor vehicle registration fee, if any, the 
motor vehicle commissioner may issue a special plate, to be 
designated by him, to be affixed to the vehicle of the governor, 
the members of the governor's council, president of the senate, 
members of the senate or their spouse, speaker of the house 
of representatives, members of the house of representatives or 
their spouse, the attorney general and his deputy, county 
sheriffs, and vehicles of state police and motor vehicle depart- 
ments. Said special plates shall be issued at no cost to the state 
other than those plates furnished to the governor, the mem- 
bers of the governor's council, the president of the senate, 
speaker of the house of representatives, state police and motor 
vehicle departments. 

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

[Approved May 21, 1955.] 



CHAPTER 144. 

AN ACT RELATIVE TO AGRICULTURAL VEHICLES AND TRUCKS. 

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

1. Agricultural Trucks. Amend paragraph IV of section 1 



1955] CHAPTER 144 217 

of chapter 118 of the Revised Laws as amended by section 1, 
chapter 48, Laws of 1945, section 2, chapter 273, Laws of 1947, 
and section 1, chapter 76, Laws of 1953, (paragraph V, sec- 
tion 1, chapter 262, RSA) by striking out the words "each 
tractor or truck used only on snow and each snowmobile" in the 
eighth and ninth lines and by striking out the word "five" in 
the twelfth line and inserting in place thereof the word, ten, 
so that said paragraph as amended shall read as follows : IV. 
For each road oiler or bituminous distributor the fee shall be 
seventy-five dollars. For each tractor used for agricultural 
purposes only, each vehicle of the tractor type used for agricul- 
tural purposes only and used to draw another vehicle in such 
a way that a part of the load is carried on such towing vehicle, 
each tractor used for power purposes only that does not haul 
loads on the public highways except as hereinbefore provided 
for tractor type vehicles, two dollars. Each commercial vehicle 
or truck used for agricultural purposes only and used on the 
public highways within a radius of ten miles from the main 
entrance of the farm upon which said vehicle is operated, or 
used to transport animals and agricultural products to agri- 
cultural fairs and exhibits for exhibition purposes only, two 
dollars, provided that such vehicle under such limited registra- 
tion shall not be used for the purpose of transporting products 
for sale or for hire. For each farm truck of a total weight, 
determined as provided in paragraph III of the section, used 
only for the transportation of agricultural products produced 
on, and meant to be used in connection with the operation of, 
a farm or farms owned, operated or occupied by the registrant, 
the fee shall be twenty-five dollars, for the first sixteen thou- 
sand pounds and at the same rates as set forth in paragraph 
III of this section for any additional weight above sixteen 
thousand pounds, provided that a farm truck so registered 
shall not be used for the transportation of wood and lumber 
for sale other than from such farms on which the production 
of wood and lumber is incidental to other farm operations, nor 
shall such trucks be used for the retail delivery of milk. In the 
event that a farm truck registered under the twenty-five 
dollar fee as hereinbefore provided is thereafter registered for 
general use during the same registration year such fee shall 
be applied toward the fee for such general registration. 



218 Chapters, 145, 146 [1955 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 145. 

AN ACT RELATING TO HOLIDAYS. 

Be it enacted by the Seriate and Hous>e of Representatives in 
General Court convened: 

1. Veterans Day. Amend section 2, chapter 367 of the 
Revised Laws as amended by chapter 270 of the Laws of 1949 
(section 1, chapter 288, RSA) by striking out the words, Armis- 
tice Day, and inserting in place thereof the words. Veterans 
Day, so that said section as amended shall read as follows : ,2. 
Holidays. Thanksgiving day whenever appointed, the fourth 
Monday in April known as Fast Day, the first Monday in 
September, known as Labor Day, the day on which the biennial 
election is held, January first, February twenty-second. May 
thirtieth, July fourth, October twelfth, November eleventh, 
known as Veterans Day and Christmas day are legal holidays. 

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

[Approved May 21, 1955.] 



CHAPTER 146. 



AN ACT RELATIVE TO FOREST FIRE PROTECTION AND 
APPOINTMENT OF WARDENS. 

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

1. Fire Wardens; Term of. Amend section 17 of chapter 
233 of the Revised Laws (section 8, chapter 224, RSA) by 
striking out said section and inserting in place thereof the 
following: 17. Term. Upon the appointment of a forest 
fire warden or deputy forest fire warden in any town, city or 
place, the term of oflfice of the forest fire warden or deputy 



1955] Chapter 146 219 

forest fire warden theretofore acting therein shall immediately 
cease, and the new appointee shall thereafter serve for three 
years, or until a successor is appointed as herein provided. 

2. Forest Fire Trails. Amend chapter 233 of the Revised 
Laws (chapter 224, RSA) by inserting after section 19 thereof 
the following new section: 19-a. Fire Trails. Forest fire 
wardens and deputy wardens or any agent designated by them 
may, with the approval of the state forester, brush-out and 
make passable old roads and trails useful for the passage of 
men and equipment in case of forest fires. Expenditures for 
this purpose shall be shared by the state and town, place or 
municipality in the same proportion as other prevention ex- 
pense except that the state's share under this section shall 
not exceed twenty-five dollars to any one town, place or 
municipality in any one year. 

3. Declaring Forests Closed. Amend section 37-a of chap- 
ter 233 of the Revised Laws as inserted by section 1 of chapter 
70 of the Laws of 1949 (section 32, chapter 224, RSA) by 
striking out the words "and council" in the first line and the 
words "in his opinion" in the second line and by inserting after 
the word "may" in the fifth line the words, with verbal 
approval of the council, so that said section as amended shall 
read as follows: 37-a. Declaring. The governor upon the 
recommendation of the state forester, when there is danger of 
starting fires in the woodlands of the state due to a period of 
protracted drought or excessive dryness which requires extra- 
ordinary precautions, may, with verbal approval of the coun- 
cil, by official proclamation, prohibit smoking in or near wood- 
land and prohibit the kindling of any open fire in or near wood- 
land in any or all parts of the state for such time as they may 
designate. Whoever is found guilty of violating the provisions 
of this section shall be fined not more than twenty-five dollars. 

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

[Approved May 21, 1955.] 



220 Chapters, 147, 148 [1955 

CHAPTER 147. 

AN ACT PROVIDING FOR A STUDY OF THE MANNER OF APPORTION- 
ING THE COST OF CONSTRUCTION AND MAINTENANCE OF 
HIGHWAY AND RAILROAD UNDERPASSES AND 
0\^RPASSES. 

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

1. Study of Apportionment of Costs. That the commis- 
sioner of pubHc works and highways and the public utilities 
commission are directed to study the present manner of 
apportioning the cost of construction and the cost of mainte- 
nance of highway and railroad underpasses and overpasses be- 
tween railroads, operating in this state, and the state, or be- 
tween such railroads and municipalities as the case may be. 
and to study the manner in which such apportionment might 
be made in the future in order to provide an equitable method 
of apportionment consonant with present day conditions and 
the relative benefits derived from such structures by the rail- 
roads and the state, or between the railroads and municipali- 
ties, as the case may be. The commissioner of public works and 
highways and the public utilities commission are directed to 
elicit the suggestions and cooperation of the railroads operat- 
ing in this state in this study to be completed not later than 
October 1, 1956. 

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

[Approved May 21, 1955.] 



CHAPTER 148. 

AN ACT RELATIVE TO A REPORT OF BIRTH. 

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

1. Vital Statistics. Amend section 4 of chapter 337 of the 
Revised Laws as amended by section 2 of chapter 98 of the 
Laws of 1949 (section 6, chapter 126, RSA) by striking out 
said section and inserting in place thereof the following: 4. 



1955] Chapter 148 221 

Report of Birth. Any hospital in the state in which a child 
shall be born alive shall complete the certificate of live 
birth, obtain the signature of the attending physician or 
other persons in charge, who shall attend, assist or advise 
at the birth of any child, and shall report to the clerk of the 
town in which the hospital is located within six days there- 
after. If any child is born alive outside a hospital, each physi- 
cian who has professional charge of the mother at the birth of 
any child shall, within six days after such birth, and the father 
or mother of such child, when no physician is employed or, in 
case of the inability of the attending physician, by reason of 
sickness, death or absence, to make out such certificate, shall, 
within thirty days after such birth, furnish the clerk of the 
town in which such birth occurred a certificate signed by such 
physician, father or mother, stating from the best information 
available facts required by the state department of health. In 
case the parents of the child reside in some other town than 
the place of birth, the clerk of the town within which the birth 
takes place shall thereupon send a copy of the birth record to 
the clerk of the town within which the parents reside, where 
the same shall be recorded; but only the clerk of the town of 
actual birth shall be required to transmit a copy to the state 
registrar. 

2. Illegitimate Children. Amend section 4-a of chapter 337 
of the Revised Laws as inserted by section 1 of chapter 19 1 of 
the Laws of 1949 (section 7, chapter 126, RSA) by striking out 
said section and inserting in place thereof the following: 4-a. 
Prohibition. In the case of an illegitimate child or a child 
born out of wedlock, no certificate of birth for such child shall 
contain any specific statement or reference to illegitimacy of 
the child, or that the child was born in or out of wedlock, or to 
the marital status of the parents. The name of the putative 
father of an illegitimate child or of a child born out of wedlock 
shall not be entered in or upon the birth certificate of such 
child without the written consent of both the mother and the 
putative father, or unless the paternity of the child has been 
adjudicated. The written consent shall be deposited with the 
clerk of the town in which the birth occurs and shall be filed 
and cross referenced with the original certificate. When, from 
information appearing upon a birth certificate, it is discernible 
that the record is that of an illegitimate child or a child born 



222 Chapter 149 [1955 

out of wedlock, the clerk receiving the original record shall not 
transmit a copy of such a record to the city or town within 
which the parents reside nor shall he publish a report of such 
birth in any town or county report. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 149. 



AN ACT RELATIVE TO THE DISTRIBUTION OF PROPERTY TO 
LEGATEES, DISTRIBUTEES OR BENEFICIARIES OUTSIDE 

THE United States. 

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

1. Distributees Outside the Territorial Limits of the United 
States of America. Amend chapter 360 of the Revised Laws 
(chapter 561, RSA) by inserting after section 12 the follow- 
ing new section : 12-a. Delivery Deferred. When it appears 
that a legatee, distributee, cestui or beneficiary not residing 
within the territorial limits of the United States of America 
or any territorial possession thereof would not have the bene- 
fit or use or control of property due him and that special cir- 
cumstances make it desirable that delivery to him be deferred, 
the probate court may order that such property be converted 
into available funds and paid to the state treasurer to be in- 
vested by him and, together with any proceeds thereof, to be 
handled subject to such further order as such probate court 
may enter, provided a reasonable fee, as allowed by the court, 
of the attorney for any such legatee, distributee, cestui or 
beneficiary shall be considered a lien on such funds and shall be 
paid by the fiduciary having such funds in charge to such 
attorney prior to payment to the state treasurer. A copy of 
any such further order by the probate court shall be filed with 
the director, division of inheritance taxes, state tax commis- 
sion. 

2. Partition of Real Estate, Distribution of Proceeds. 

Amend chapter 410 of the Revised Laws (chapter 538, RSA) 



1955] Chapter 150 223 

by inserting after section 25 the following new section : 25-a. 
Distribution Deferred. When it appears that an owner not 
residing within the territorial limits of the United States of 
America or any territorial possession thereof would not have 
the benefit or use or control of such proceeds due him and that 
special circumstances make it desirable that delivery of such 
proceeds to him be deferred, the probate court may order that 
such proceeds be paid to the state treasurer to be invested by 
him and handled subject to such further order as such probate 
court may enter, provided a reasonable fee, as allowed by the 
court, of the attorney for any such owner shall be considered 
a lien thereon and shall be paid by the fiduciary having such 
funds in charge to such attorney prior to payment to the state 
treasurer. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 150. 



AN ACT RELATIVE TO THE POWERS OF THE CREDIT COMMITTEE OF, 
AND SALE OF CHECKS BY, CREDIT UNIONS. 

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

1. Credit Unions. Amend section 32 of chapter 315, Re- 
vised Laws (section 32, chapter 394, RSA) by inserting at the 
end of said section the words: provided, however, that by 
majority vote of the board of directors any credit union may 
make loans to its members without approval of the credit 
committee provided such loans do not exceed eighty per cent 
of the value of the borrower's shares and that the borrower 
does not have any other direct or indirect liability to the said 
credit union, so that said section as amended shall read as 
follows : 32. Credit Committee. The credit committee shall 
hold meetings, of which due notice shall be given its members, 
for the purpose of considering applications for loans, and no 
loan shall be made unless all members of the committee who 
are present when the application is considered, and at least 



224 Chapter 151 [1955 

two thirds of all the members of the committee, approved the 
loan and are satisfied that it promises to benefit the borrower, 
provided, however, that by majority vote of the board of 
directors any credit union may make loans to its members 
without approval of the credit committee provided such loans 
do not exceed eighty per cent of the value of the borrower's 
shares and that the borrower does not have any other direct 
or indirect liability to the said credit union. 

2. Authority Granted. Amend chapter 315 of the Revised 
Laws (chapter 394, RSA) by inserting- after section 50 the 
following new section: 51. Sale of Checks. The commis- 
sioner upon petition of the board of directors of a credit union 
may authorize said credit union, under regulations made by 
him, to sell negotiable checks and drafts issued by it or drawn 
by or on it payable by or through a trust company or a national 
banking association. 

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

[Approved May 21, 1955.] 



CHAPTER 151. 

AN ACT RELATIVE TO BREAD ENRICHMENT AND OLEOMARGARINE. 

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

1. Flour and Bread Enrichment. Amend paragraph V of 
section 12-a of chapter 164 of the Revised Laws as inserted by 
section 1, chapter 125, Laws of 1945 (paragraph V, section 12, 
chapter 146, RSA) by striking out said paragraph and insert- 
ing in place thereof the following : V. Exception. Provided, 
however, that this section shall not apply to flour sold to dis- 
tributors, bakers or other processors where such flour is either 
(1) resold to a distributor, baker or other processor, or (2) 
used in the manufacture, mixing or compounding of flour, 
white bread or rolls enriched to meet the requirements of this 
section, or (3) used in the manufacture of products other than 
flour, white bread or rolls. It shall be unlawful for any such 
purchaser to use or resell the flour so purchased in any manner 
other than prescribed herein. 



1955] Chapter 151 225 

2. Oleomargarine and Margarine. Amend chapter 194 of 
the Revised Laws (chapter 184, RSA) by inserting after sec- 
tion 43 the following new section : 43-a. Standard of Identity 
and Label Statements. The state board of health shall by 
regulation adopt a reasonable standard of identity for oleo- 
margarine or margarine and prescribe label statements for in- 
gredients employed therein. No person, by himself or his 
agents or servants, shall render or manufacture, sell, offer for 
sale, expose for sale or have in his possession with intent to 
sell oleomargarine or margarine which fails to meet the stand- 
ard of identity and labeled in accord with the provisions 
established by regulation of the state board of health. 

3. Requirements for Serving. Amend section 47 of chapter 
194 of the Revised Laws as amended by section 4, chapter 222, 
Laws of 1949 (section 52, chapter 184, RSA) by striking out 
said section and inserting in place thereof the follov/ing: 47. 
Colored Oleomargarine. No person shall possess in a form 
ready for serving colored oleomargarine or margarine at a 
public eating place unless a notice that oleomargarine or 
margarine is served is displayed prominently and conspicu- 
ously in such place and in such manner as to render it likely 
to be read and understood by the ordinary individual being 
served in such eating place or is printed or is otherwise set 
forth on the menu in type or lettering not smaller than that 
normally used to designate the serving of other food items. No 
person shall serve colored oleomargarine or colored margarine 
at a public eating place, whether or not any charge is made 
therefor, unless (1) each separate serving bears or is accom- 
panied by labeling identifying it as oleomargarine or marga- 
prine, or (2) each separate serving thereof is triangular in 
shape. 

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

[Approved May 21, 1955.] 



226 Chapters 152, 153 [1955 

CHAPTER 152. 

AN ACT RELATING TO REGULAR SESSIONS OF THE HILLSBOROUGH 
COUNTY PROBATE COURT. 

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

1. Probate Court Sessions. Amend section 6 of chapter 
348 Revised Laws (section 6, chapter 549, RSA) by striking 
out said section and inserting in place thereof the following: 
6. Hillsborough. For the county of Hillsborough, — at 
Manchester, on the first and third Tuesdays of every month, 
except the month of August; at Nashua, on the fourth Tues- 
day of every month, except the month of August; at Peter- 
borough, on the third Friday of March, June, September and 
December; at Hillsborough Bridge, on the third Friday of 
January, April, July and October ; at Milford, on the third Fri- 
day of February, May and November. 

2. Takes Effect. This act shall take effect on January 1, 
1956. 

[Approved May 21, 1955.] 



CHAPTER 153. 



AN ACT ESTABLISHING CERTAIN POSITIONS AT THE 
STATE HOSPITAL. 

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

1. State Hospital. Amend chapter 17 of the Revised Laws 
as amended by section 12, chapter 265 of the Laws of 1953 
(chapter 135, RSA) by inserting after section 2-b the follow- 
ing new section: 2-c. Directors. There ai'e hereby estab- 
lished positions of, director of psychiatric education and re- 
search ; director of clinical services ; director of out-patient 
services; director of correctional psychiatry. These, together 
with the assistant superintendent and superintendent, will be 
responsible for the determination and implementation of all 
policy matters relating to the medical care of patients at the 
state hospital and all other persons referred to the state 



1955] Chapter 154 227 

hospital or its agents for psychiatric assistance, and will per- 
form such other duties as may be assigned by the superin- 
tendent. The superintendent, with the approval of the board of 
trustees, shall appoint qualified medical personnel as the 
director of clinical services, the director of psychiatric edu- 
cation and research, the director of out-patient services, and 
the director of correctional psychiatry. These positions shall 
carry with them an annual salary as set forth in chapter 265, 
Laws of 1953 as amended. 

2. Salaries. Amend paragraph II of section 1 of chapter 
265, Laws of 1953 (chapter 94, PwSA) by adding at the end 
thereof the following: director of clinical services, minimum 
$7062, maximum $8346 ; director of phychiatric education and 
research, minimum $7062, maximum $8346; director of out- 
patient services, minimum $7062, maximum $8346 ; director of 
correctional psychiatry, minimum $7062, maximum $8346. 

3. Maintenance. Amend section 6 of chapter 265. Laws of 
1953 (section 5, chapter 94, RSA) by striking out said section 
and inserting in place thereof the following: 6. Maintenance. 
In addition to the above mentioned salaries, the following 
positions shall carry with them maintenance: superintendent, 
assistant superintendent, director of clinical services, director 
of psychiatric education and research, director of out-patient 
services and director of correctional psychiatry, state hospital ; 
superintendent and deputy superintendent, industrial school; 
warden and deputy warden, state prison; presidents teachers 
colleges and the superintendents of Laconia state school and 
state sanatorium, and commandant of the New Hampshire 
soldiers home. 

4. Takes Effect. This act shall take effect as of July 1, 
1955. 

[Approved May 21, 1955.] 



CHAPTER 154. 

AN ACT RELATIVE TO BOARD OF VETERINARY EXAMINERS AND 
QUALIFICATIONS FOR VETERINARY LICENSES. 

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

1. Veterinary Medicine. Amend section 2 of chapter 255, 



228 Chapter 154 [1955 

Revised Laws (section 2, chapter 332, RSA) by inserting after 
the word "qualified" in the fourth line the words, prior to the 
appointment of a member of the board of veterinary examin- 
ers, the governor and council shall receive and consider the 
recommendations of the executive board of the New Hamp- 
shire Veterinary Medical Association as to such appointments. 
No member of the board of veterinary examiners can succeed 
himself on the board, so that said section as amended shall 
read as follows: 2. Examiners. There shall be a board of 
three veterinary examiners, one of whom shall be appointed 
each year by the governor, with the advice and consent of the 
council, for a term of three years and until his successor is 
appointed and qualified. Prior to the appointment of a member 
of the board of veterinary examiners, the governor and council 
shall receive and consider the recommendations of the execu- 
tive board of the New Hampshire Veterinary Medical Asso- 
ciation as to such appointments. No member of the board of 
veterinary examiners can succeed himself on the board. 
Vacancies shall be filled in like manner for the unexpired term. 

2. Increase in Amount. Amend section 4, chapter 255, Re- 
vised Laws, as amended by section 1, chapter 209, Laws of 
1947 (section 5, chapter 332, RSA) by striking out the word 
"ten" in the first line and inserting in place thereof the word, 
fifteen, and by striking out the word "fifty" in the third line 
and inserting in place thereof the word, seventy-five, so that 
said section as amended shall read as follows: 4. Compen- 
sation. Each member of said board shall receive fifteen dollars 
a day for services rendered and his actual expenses. The board 
may employ clerical assistance at a cost not to exceed seventy- 
five dollars a year. If the amount received by the state treas- 
urer is not sufficient to pay for both services and expenses, the 
governor and council shall allow the expenses in full and such 
part of the amount due for services as the balance permits. 

3. Licenses. Amend section 11 of chapter 255, Revised 
Laws (section 12, chapter 332, RSA) by striking out the same 
and inserting in place thereof the following: 11. Temporary 
Eligibility for Examination and License. Any person who is a 
graduate of a veterinary college not on the recognized list, as 
provided in section 9, which college had or has a course of 
study of not less than four school years of not less than six 
months each may be granted a temporary internship license 



1955] Chapter 154 229 

for a period of five years, provided said person is employed by 
and practices his profession under the supervision of a duly 
licensed veterinarian practicing in the state. At the expiration 
of said five-year period said person holding such temporary 
license shall be eligible to apply for and to take the exami- 
nation provided in section 9 provided he has retained his resi- 
dence in the state for said period and has practiced under said 
temporary license under the supervision of a duly licensed 
veterinarian practicing in the state. Upon passing said ex- 
amination said applicant shall be granted a license as provided 
in section 10. Any person who is a graduate of a veterinary 
college recognized as provided for in section 9, may be granted 
a temporary internship license without examination for a 
period not to exceed two years, providing said person is em- 
ployed by and practices his profession under the supervision of 
a duly licensed veterinarian practicing in the state. Any person 
who, under the law existing prior to March 7, 1901, was en- 
titled to practice veterinary medicine in the state, shall upon 
application to the board of veterinary examiners be granted a 
license without examination and shall be permitted to use the 
title "Licensed Veterinarian." 

4. Increase in Fees. Amend section 13 of chapter 255, 
Revised Laws (section 14, chapter 332, RSA) by striking out 
the word "ten" in the second line and inserting in place there- 
of the word, fifteen, and by striking out the word "two" in the 
fourth line and inserting in place thereof the word, three, so 
that said section as amended shall read as follows : 13. Fees. 
A person applying for an examination shall, at the time of his 
application, pay to the treasurer of said board fifteen dollars. A 
person registered under this chapter, whether a graduate or 
non-graduate, shall annually pay to the treasurer of said board 
a license fee of three dollars. 

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

[Approved May 21, 1955.] 



230 Chapters 155, 156 [1955 

CHAPTER 155. 

AN ACT REQUIRING CERTIFICATES TO BE FILED BY SELECTMEN 

WITH TAX COMMISSION TO BE USED IN DETERMINING 

AVERAGE RATE OF TAXATION. 

Be it enacted by the Senate and Hous^e of Represe7itatives in 
General Court convened: 

1. Selectmen. Amend section 19 of chapter 59 of the Re- 
vised Laws as amended by section 1 of chapter 37 of the Lavvs 
of 1951 (section 15, chapter 41, RSA) by striking out the whole 
thereof and inserting in place thereof the following: 19. Re- 
port to Tax Commission. The selectmen shall, on or before 
October first in each year, transmit to the tax commission upon 
blanks furnished by the commission for the purpose, a certifi- 
cate showing the number of polls and total valuation of each 
class of property included in the inventory of polls and 
ratable estates and a certificate of the several appropriations, 
estimated revenues and the total amount to be raised, the 
amount of taxes to be levied and the rate per cent of taxation 
for all purposes that year. Such certificates shall be used by 
the tax commission to determine the average rate of taxation 
throughout the state. If such certificates are not received by 
October first by the tax commission it may use such informa- 
tion as it may be able to obtain in order to determine the 
average rate of taxation throughout the state for that year. 

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

[Approved May 21, 1955.] 



CHAPTER 156. 



AN ACT RELATIVE TO MILEAGE ALLOWANCES FOR MEMBERS OF THE 
GENERAL COURT WHO WORK ON NON-LEGISLATIVE DAYS. 

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

1. Members of the General Court. Amend chapter 9 of the 
Revised Laws (chapter 14, RSA) by inserting after section 16 
the following new section : 16-a. Special Mileage Allowances. 



1955] Chapter 157 231 

Any member of the general court who is on official business of 
the legislature in Concord on days other than when the legis- 
lature is in session, duly authorized by the presiding officer of 
the branch of which he is a member, shall be allowed the same 
mileage as he would have been allowed had the legislature been 
in session on said day. 

2. Takes Effect. This act shall take effect as of January 5, 
1955. 
[Approved May 21, 1955.] 



CHAPTER 157. 



AN ACT RELATING TO TAX EXEMPTION FOR INSTITUTIONS, 
SOCIETIES AND CORPORATIONS NOT ORGANIZED, IN- 
CORPORATED, CONDUCTED, OR OPERATED PRINCIPALLY 
FOR THE BENEFIT OF NEW HAMPSHIRE 
RESIDENTS. 

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

1. Institutional Exemptions. Amend section 24, chaptei* 
73 of the Revised Laws, as amended by chapter 141 of the 
Laws of 1945 (section 23, chapter 72, RSA) by inserting after 
the word "purposes," in the fifteenth line the following words, 
and provided, further, no such institutions, societies, or corpo- 
rations, other than those devoted to educational or religious 
purposes and those hereinabove specifically named, shall be en- 
titled to such tax exemption if organized or incorporated for 
the principal purpose of benefiting persons who are not 
residents of New Hampshire or if in fact conducted or operated 
principally for the benefit of persons who are not residents of 
New Hampshire, so that said section as amended shall read as 
follows: 24. Institutional Exemptions. The personal prop- 
erty of institutions devoted to educational purposes, charitable 
and religious societies, and of temperance societies, incorpo- 
rated or organized within this state, and the real estate owned 
and occupied by them, their officers, or their students for the 
purposes for which they are established, parsonages occupied 
by pastors of churches, and personal property owned and real 



232 Chapter 158 [1955 

estate owned and occupied by the Grand Army of the Republic, 
The United Spanish War Veterans, Veterans of Foreign Wars, 
the American Legion, the Disabled American Veterans, or the 
American National Red Cross, shall be exempt from taxation, 
provided none of the income or profits of the business of such 
corporations or institutions is divided among the stockholders 
or members, or is used or appropriated for other than edu- 
cational, charitable or religious purposes, and provided, 
further, no such institutions, societies, or corporations, other 
than those devoted to educational or religious purposes and 
those hereinabove specifically named, shall be entitled to such 
tax exemption if organized or incorporated for the principal 
purpose of benefiting persons who are not residents of New 
Hampshire or if in fact conducted or operated principally for 
the benefit of persons who are not residents of New Hamp- 
shire. No institution shall be deemed an educational institu- 
tion for the purpose hereof unless it conducts regular courses 
of instruction, under a curriculum approved by the state board 
of education, for at least six months of each calendar year ; and 
no institution, except it be a regularly recognized and consti- 
tuted denomination, sect, or creed, shall be deemed a religious 
institution for the purpose hereof, unless it conducts religious 
services in this state for at least six months of each calendar 
year. This limitation, however, does not apply to property of 
any institution or organization exempted from taxation by 
special act of the legislature. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 158. 

AN ACT RELATING TO ABANDONED ICEBOXES. 

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

1. Nuisance. Amend chapter 165 of the Revised Laws 
(chapter 147, RSA) by inserting after section 36 as inserted 
by chapter 297, Laws of 1949, the following new section : 37. 



1955] Chapter 159 233 

Negligence. Any person, having been the owner of a container 
originally used for refrigeration purposes, who fails to remove 
the door or lid from said container before discarding it, upon 
conviction thereof, shall be punished by a fine of not more than 
fifty dollars, or imprisoned not more than thirty days, or both. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 159. 



AN ACT RELATING TO REGISTRATION OF MOTOR BOATS AND 
OUTBOARD MOTORS. 

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

1. Motor Boats and Outboard Motors. Amend section 15 
of chapter 181 of the Revised Laws (section 17, chapter 270, 
RSA) by striking out said section and inserting in place there- 
of the following: 15. Transfer of Registration. Upon the 
transfer of ownership of any boat or outboard motor, its 
registration shall expire and the person in whose name such 
boat or outboard motor is registered shall return the certificate 
of registration forthwith to the commission with a written 
notice containing the date of such transfer of ownership and 
the name and address of the new owner, or, in case of loss by 
theft, accident or fire, a sworn statement setting forth the 
circumstances attending such loss. A person who so transfers 
or loses a registered boat or outboard motor, upon filing a new 
application, may have registered in his name another boat or 
outboard motor for the remainder of the calendar year. A fee 
of one dollar shall be paid to the commission for such trans- 
fer. The commission, at its discretion, may assign to the boat 
or outboard motor of any person who surrenders his registra- 
tion certificate, as herein provided, and who desires to register 
another boat or outboard motor, the registration number in the 
surrendered certificate a new number, or the number given in 
the statement as herein provided for in the case of loss. 

2. Violation of Chapter. Amend section 16 of chapter 181 



234 Chapter 160 [1955 

of the Revised Laws (section 18, chapter 270, RSA) by insert- 
ing after the word "violate" in the second line the words, any 
provision of this chapter, or, so that said section as amended 
shall read as follows: 16. Penalty. If any person shall 
operate any boat required to be registered hereunder without 
registration, or shall violate any provision of this chapter, or 
any rule or regulation prescribed by the commission relating to 
the equipment or operation of such boats, or shall refuse or fail 
when requested to exhibit to any duly authorized representa- 
tive of the commission the certificate of registration of such 
boat, he, and the owner of said boat if the same is operated 
with his permission or assent, shall be fined not more than one 
hundred dollars, or imprisoned not more than one year, or both. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 21, 1955.] 



CHAPTER 160. 



AN ACT PROVIDING THAT CHARITABLE CORPORATIONS MAY 
ESTABLISH COMMON TRUST FUNDS. 

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

1. Common Trust Funds. Amend chapter 272 of the Re- 
vised Laws (chapter 292, RSA) by inserting after section 16, 
as inserted by chapter 88, Laws of 1955, the following new sub- 
division : 

Common Trust Funds 
17. Charitable Corporations. Any charitable corpora- 
tion organized under an act of the legislature or under general 
state laws is empowered through its trustees or directors to 
establish, maintain and operate common trust funds as pro- 
vided herewith under the appropriate standard of investment 
applicable to it. 18. Collective Investments. Said charitable 
corporation may combine money and property belonging to 
various trusts in its care for the purpose of facilitating invest- 
ments, providing diversification and obtaining a reasonable in- 
come; provided, however, that the participating contributory 



1955] Chapter 161 235 

interest of said trusts shall be properly evidenced by appro- 
priate bookkeeping entries showing on an annual basis the 
capital contribution of and the profit and income allocable to 
each trust; and provided, further, that not more than ten per 
cent of the fund shall be invested in the obligations of any one 
corporation or organization, excepting deposits in savings 
banks, obligations of the United States and of the state of New 
Hampshire and its subdivisions; and provided, further, that 
nothing herein shall be construed to authorize the investment 
of funds of a trust in any manner not authorized by law. 19. 
Contributions and Withdrawals. Contributions to any com- 
mon trust fund shall be made on the basis of its market value 
at the time such contribution is recorded in the books of the 
trustees. The withdrawal of a particular trust fund from any 
common trust fund shall be made proportionately on the basis 
of the market value of said common trust fund at the time such 
withdrawal is recorded in the books of the trustees. 20. 
Exception. The provisions of section 18 shall not apply where 
the instrument creating the particular trust specifically pro- 
hibits collective investment or where such an investment shall 
violate any specific court order made in any particular trust. 

2. Takes Effect. This act shall take eff'ect as of January 1, 
1956. 
[Approved May 21, 1955.] 



CHAPTER 161. 



AN ACT RELATING TO SCHOOL SUPERINTENDENTS IN THE STATE 
EMPLOYEES RETIREMENT SYSTEM. 

Whereas prior service credit for teachers retirement was 
granted to teachers by chapter 126, Laws of 1945, effective as 
of December 31, 1944 ; and 

Whereas teachers of the public schools and approved public 
academies who were members of the teachers retirement 
system and transferred to the state service after the passage 
of chapter 104, Laws of 1947, were permitted thereby to trans- 
fer said prior service credit to the state retirement system 
effective from July 1, 1945 ; and 



236 Chapter 161 [1955 

Whereas a substantial number of teachers with many years 
of prior service in the pubhc schools and approved public 
academies transferred to state service by becoming school 
superintendents prior to Decomber 31, 1944 or July 1, 1945 
and were no longer eligible to belong to the teachers retirement 
system; and 

Whereas when such school superintendents joined the state 
employees retirement system upon its establishment by chap- 
ter 183, Laws of 1945, they received no prior teaching service 
credit and thus received unequal treatment as compared with 
teachers who have been promoted to the position of superin- 
tendent since the passage of chapter 126, Laws of 1945 and 
chapter 104, Laws of 1947 ; and 

Whereas it is desired to remove this inequality, now there- 
fore. 

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

1. Prior Service Credit. All school superintendents who 
were in the state service in such capacity on or before July 1, 
1945, and who became and have been continuously members of 
the state employees retirement system to date but have here- 
tofore been denied prior service credit for prior teaching 
service in the public schools or approved public academies are 
hereby granted such prior service credit in the New Hamp- 
shire Teachers Retirement System as established by chapter 
136-B, Revised Laws, Upon application by each such superin- 
tendent, such prior service credit as a teacher shall be com- 
puted by the board of trustees of said teachers retirement 
system as provided in section 4 of said chapter 136-B, and a 
prior service certificate shall be issued certifying to each such 
superintendent the length of creditable service rendered by him 
as a teacher prior to his appointment as a superintendent. 

2. Transfer of Prior Service Credit. Upon such certifica- 
tion and the filing of such certificate with the board of trustees 
of the state employees retirement system, the prior teaching 
service credit of each such superintendent shall thereupon be 
transferred to his credit in the state employees retirement 
system in the same manner as provided in sections 3, 4 and 6, 
chapter 104, Laws of 1947. 



1955] Chapter 162 237 

3. Regulations. The board of trustees of the state em- 
ployees reth'ement system may make reasonable rules and 
regulations to ensure equal treatment of school superintend- 
ents hereunder and to carry out the purposes of this act. 

4. Funding of Prior Service Credit. The additional liability 
of the state caused by granting such prior service credit shall 
be wholly funded in the state employees retirement system, 
over the period of years during which the regular accrued 
liability contributions for prior service credit of all state em- 
ployees are payable, by making such adjustment in the annual 
accrued liability contribution rate as may be actuarially neces- 
sary to accomplish this result. 

5. Takes Effect. This act shall take effect July 1, 1955. 
[Approved May 23, 1955.] 



CHAPTER 162. 

AN ACT RELATING TO ABATEMENT PROCEDURES. 

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

1. Taxes. Amend chapter 77 of the Revised Laws (chap- 
ter 76, RSA) by inserting after section 13 the following new 
section: 13-a. By Tax Commission. If the selectmen 
neglect or refuse so to abate, any person aggrieved, having 
complied with the requirements of chapter 75 maj^ within six 
months after notice of such tax, and not afterwards, apply in 
writing to the state tax commission which after due inquiry 
and investigation shall make such order thereon as justice re- 
quires. 

2. Abatement. Amend section 14 of chapter 77 of the Re- 
vised Laws (section 17, chapter 76, RSA) by striking out said 
section and inserting in place thereof the following: 14. By 
Court. If the selectmen neglect or refuse so to abate, any per- 
son aggrieved, having complied with the requirements of 
chapter 75, may, within six months after notice of the tax, or 
having first applied to the tax commission, within three 
months after notice in writing of the decision of the tax com- 



238 Chapter 163 [1955 

mission, apply by petition to the superior court in the county, 
which shall make such order thereon as justice requires. 

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

[Approved May 26, 1955.] 



CHAPTER 163. 



AN ACT RELATIVE TO THE CARE AND TREATMENT OF 
SEXUAL PSYCHOPATHS. 

Be it enacted hy the Senate and Hou^e of Representatives in 
Gene7ul Court convened: 

1. Transfer of Custody. Amend chapter 314 of the Laws 
of 1949 (chapter 173, RSA) by inserting after section 11 there- 
of the following new section: 11-a. Transfer of Custody. 

Whenever, upon the advice of the superintendent, the commis- 
sion of mental health determines that a sexual psychopath, 
who has been committed to them and been detained by them 
for two years or more, has received the maximum benefit from 
the psychiatric program, and yet whose condition does not 
warrant favorable consideration for parole or discharge, and 
when the commission determines that the facilities at the state 
hospital are being utilized by thirty or more sexual psycho- 
paths, then the commission shall advise the committing court 
of these facts, together with a petition that the individual be 
transferred to the custody of the state prison, there to be con- 
fined until further order of the court. Any person so committed 
shall be segregated from the remaining prison population in- 
sofar as is feasible and practical. The commission shall retain 
responsibility for psychiatric supervision of the sexual psycho- 
path so transferred, and shall provide for such psychiatric ex- 
aminations as may be indicated, and shall continue to submit 
an annual report to the court by which he was committed, as 
provided in Section 7 of this act. 

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

[Approved May 26, 1955.] 



1955] Chapter 164 239 

CHAPTER 164. 

AN ACT RELATIVE TO REQUIREMENT OF FINANCIAL RESPONSI- 
BILITY AFTER JUDGMENT OF COURT. 

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

1. Motor Vehicle, Financial Responsibility. Amend sec- 
tion 8 of chapter 122 of the Revised Laws (section 8, chapter 
268, RSA) by inserting after the word "accident" in the sixth 
Hne thereof the following, except that any such determination 
of satisfaction may be reversed by the commissioner should 
any court subsequently render judgment based upon said 
accident against said operator or owner or both, in which event 
the commissioner may forthwith suspend the license and 
registration certificate in accordance with the provisions ot 
section 5, so that said section as amended shall read as follows : 
8. Limitations. The provisions of section 5 shall not apply: 
(a) to the owner of a motor vehicle, trailer, or semi-trailer 
operated by one having obtained possession or control thereof 
without his express or implied consent ; (b) to either the owner 
or operator of a motor vehicle, trailer, or semi-trailer involved 
in an accident when the commissioner shall be satisfied that 
neither caused nor contributed to cause the accident, except 
that any such determination of satisfaction may be reversed 
by the commissioner should any court subsequently render 
judgment based upon said accident against said operator or 
owner or both, in which event the commissioner m.ay forthwith 
suspend the license and registration certificate in accordance 
with the provisions of section 5; (c) to either the owner or 
operator of a motor vehicle, trailer, or semi-trailer involved in 
an accident that was caused by the criminal act of a third 
party, for which criminal act such other party has been con- 
victed; (d) to either the owner or operator of a motor vehicle, 
trailer, or semi-trailer involved in an accident wherein no 
damage or injury was caused to other than the person or prop- 
erty of such owner or operator. 

2. Motor Vehicle Financial Responsibility. Amend section 
6 of chapter 76 of the Laws of 1955 by striking out said section 
and inserting in place thereof the following : 6. Takes Effect. 

The provisions of sections 1, 2 and 3 of this act shall take effect 



240 Chapter 165 [1955 

as of October 15, 1955. The remaining provisions of this act 
shall take effect upon its passage. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved May 26, 1955.] 



CHAPTER 165. 

AN ACT RELATIVE TO THE POSTING OF LAND. 

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

1. Trespass. Amend section 14-d of chapter 442 of the 
Revised Laws as inserted by section 2 of chapter 171, Laws of 
1951 (section 18, chapter 572, RSA) by adding at the end of 
said section the following; nor shall the provisions of this 
section apply to any person who posts his land for the pro- 
tection of his crops only during the closed season for the type 
of game birds or animals from which he seeks to collect 
damages, so that said section as amended shall read as follows : 
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 ; nor shall the provisions of this section apply to any 
person who posts his land for the protection of his crops only 
during the closed season for the type of game birds or animals 
from which he seeks to collect damages. 

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

[Approved May 26, 1955.] 



1955] Chapter 166 241 

CHAPTER 166. 

AN ACT RELATIVE TO PAYMENT OF TUITION OF HIGH 
SCHOOL PUPILS. 

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

1. High Schools. Amend section 26 of chapter 138 of the 
Revised Laws, as amended by section 2, chapter 139, Laws of 
1949 (section 27 of chapter 194, RSA) by striking out said 
section and inserting in place thereof the following: 26. 
Tuition. Any district not maintaining a high school or school 
of corresponding grade shall pay for the tuition of any pupil 
who with parents or guardian resides in said district or who, 
as a resident of said district, after full investigation by the 
state board of education is determined to be entitled to have 
his tuition paid by the district where he resides, and who 
attends an approved public high school or public school of 
corresponding grade in another district or an approved public 
academy. Except under contract as provided in section 21, the 
liability of any school district hereunder for the tuition of any 
pupil shall be limited to the state average cost per pupil of the 
current expenses of operation of all public high schools, as 
estimated by the state board of education for the preceding 
school year, or the current expenses of operation of the re- 
ceiving district for its high school, as estimated by the state 
board of education for the preceding school year, whichever is 
less. This current expense of operation shall include all costs 
except capital outlay and debt obligations, provided that to 
the above may be added a rental charge of two per cent of the 
capital cost of such secondary school facilities as may be de- 
fined by the state board of education. 

2. Takes Effect. This act shall take effect as of July 1, 
1956. 

[Approved May 26, 1955.] 



242 Chapters 167, 168 [1955 

CHAPTER 167. 

AN ACT RELATIVE TO ASSESSMENT OF DAMAGES AND BASIS OF 

LIABILITY FOR CHANGE OF GRADE IN CONSTRUCTION OR 

MAINTENANCE OF HIGHWAYS IN TOWNS. 

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

1. Town Highways. Amend section 22, part 16, chapter 90, 
Revised Laws as inserted by chapter 188, Laws of 1945 (sec- 
tion 23, chapter 245, RSA) by striking out said section and 
inserting in place thereof the following: 22. Payment and 
Basis of Liability Defined. Damages assessed for change of 
grade under the provisions of this part shall be paid by the 
town in which the change of grade is made ; provided, however, 
that no highway shall be deemed to have been repaired by the 
authority of the town unless the town participated directly in 
the repair of the said highway other than financially, or unless 
the town in some manner exercised control over the manner in 
which the highway construction or maintenance was per- 
formed, or unless town employees, as defined in section 2, part 
15, chapter 90, Revised Laws, as inserted by chapter 188, 
Laws of 1945, were employed in the said construction or 
maintenance work involved in the repair of construction of 
said highway. 

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

[Approved May 26, 1955.] 



CHAPTER 168. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN 
SURFACE WATERS IN CHESHIRE COUNTY. 

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 chap- 
ter 1, Laws of 1950 (chapter 149, RSA) as follows: 



1955] Chapter 169 243 

I. The unnamed water supply stream for Cheshire county 
farm and its tributaries, in the town of Westmoreland, from 
their sources to the reservoir dam outlet. Class A. 

II. The unnamed water supply stream for Cheshire 
county farm and its tributaries, in the town of Westmoreland, 
from the reservoir dam outlet to the Connecticut River, 
Class B-1. 

III. The unnamed stream and its tributaries which are 
located between the watershed of the Cheshire county farm 
water supply stream and the Partridge Brook watershed, in 
the town of Westmoreland, from their sources to the Con- 
necticut River, Class B-1. 

IV. Partridge Brook and all its tributaries, in the towns 
of Chesterfield and Westmoreland and the city of Keene, from 
their sources to the upstream side of the South Village Road 
highway bridge, Class B-1. 

V. Partridge Brook and all its tributaries, in the town 
of Westmoreland, from the upstream side of the South Village 
Road highway bridge to confluence with the Connecticut River, 
Class C. 

VI. All other surface waters of the Partridge Brook 
watershed hitherto unclassified and which have not been men- 
tioned in paragraphs I thru V, Class B-1. 

" 2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved May 26, 1955.] 



CHAPTER 169. 

AN ACT RELATIVE TO THE POWERS OF THE BOARD OF 
MEDICAL EXAMINERS. 

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

1. Hearings. Amend chapter 250 of the Revised Laws by 
inserting after section 7-a, as inserted by section 4 of chapter 
27 of the Laws of 1951 (section 9, chapter 329, RSA) the 
following new sections: 7-b. Summons; Oath. The board 
shall have the power to subpoena witnesses and administer 
oaths in any hearing with respect to suspension and revocation 



244 Chapters 170, 171 [1955 

of licenses, and to compel, by subpoena duces tecum, the pro- 
duction of papers and records. 7-c. Witnesses. Witnesses 
summoned before the board shall be paid the same fees as 
witnesses summoned to appear before the superior court, and 
such summons issued by any justice of the peace shall have 
the same effect as though issued for appearance before such 
court. 

2. Takes Effect. This act shall take effect upon its 
passag"e. 
[Approved May 26, 1955.] 



CHAPTER 170. 



AN ACT PROVIDING PENALTIES FOR THROWING REFUSE ON PUBLIC 
WATERS AND LANDS BORDERING THE SAME. 

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

1. Public Waters. Amend chapter 247 of the Revised Laws 
(chapter 214, RSA) by inserting- after section 10 the following 
new section: 10-a. Penalty. Any person who shall violate 
any of the provisions of section 22 of chapter 90 of the Revised 
Laws, relative to the placing or throwing refuse or rubbish 
into any public waters or the approaches thereto or land 
bordering the same may in addition to the penalty provided in 
said section, lose his fishing or hunting license for the current 
year. 

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

[Approved June 1, 1955.] 



CHAPTER 171. 



AN ACT RELATIVE TO FEES FOR BUSINESS, VOLUNTARY AND 
FOREIGN CORPORATIONS. 

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

1. Business Corporations. Amend section 107 of chapter 



1955] Chapter 171 245 

274 of the Revised Laws as amended by section 6 of chapter 
265 of the Laws of 1949 (section 105, chapter 294, RSA) by 
striking out the word "ten" in the last line of said section and 
inserting in place thereof the word, fifteen, so that said section 
as amended shall read as follows: 107. Filing Fee. Every 
corporation shall pay to the secretary of state, with such 
annual return, a filing fee of fifteen dollars. 

2. Fees. Amend section 109, chapter 274, Revised Laws, 
as amended by section 7, chapter 265, Laws of 1949 (section 
110, chapter 294, RSA) by striking out the word "ten" and in- 
serting in place thereof the word, fifteen, so that said section 
as amended shall read as follows : 109. Subsequent Returns. 
It shall be the duty of the corporation to make or cause to be 
made its annual return and payment of return fee on or be- 
fore April first ; and, if it fails so to do, it shall be required to 
pay an additional fee of fifteen dollars, as well as to make the 
annual return. 

3. Filing. Amend section 112 of chapter 274 of the Revised 
Laws, as amended by section 3 of chapter 265 of the Laws of 
1949 (section 113, chapter 294, RSA) by striking out said 
section and inserting in place thereof the following: 112. 
Record of Organization. The fee for recording the record of 
organization required by section 15, including the issuing by 
the secretary of state of the certificate of incorporation, 
shall be: 

L When the authorized capital stock does not exceed ten 
thousand dollars, twenty dollars. 

II. When the authorized capital stock exceeds ten thou- 
sand dollars but does not exceed twenty thousand dollars, 
thirty dollars. 

III. When the authorized capital stock exceeds twenty 
thousand dollars but does not exceed thirty thousand dollars, 
forty dollars. 

IV. When the authorized capital stock exceeds thirty 
thousand dollars but does not exceed fifty thousand dollars, 
fifty dollars. 

V. When the authorized capital stock exceeds fifty thou- 
sand dollars but does not exceed one hundred fifty thousand 
dollars, one hundred fifty dollars. 



246 Chapter 171 [1955 

VI. When the authorized capital stock exceeds one hun- 
dred fifty thousand dollars but does not exceed two hundred 
fifty thousand dollars, two hundred dollars. 

VII. When the authorized capital stock exceeds two hun- 
dred fifty thousand dollars but does not exceed five hundred 
thousand dollars, four hundred dollars. 

VIII. When the authorized capital stock exceeds five 
hundred thousand dollars but does not exceed one million 
dollars, seven hundred fifty dollars. 

IX. For each additional one hundred thousand dollars 
above one million dollars, fifty dollars. 

4. Increase. Amend section 113 of chapter 274 of the Re- 
vised Laws, as amended by section 4, chapter 265, Laws of 
1949 and section 5, chapter 143, Laws of 1953 (section 114, 
chapter 294, RSA) by striking out the word "ten" in the last 
line and inserting in place thereof the word, fifteen, so that 
said section as amended shall read as follows: 113. Amend- 
ments. The fee for recording any record of amendment re- 
quired by section 12 or section 45 which embodies an increase 
in the authorized capital stock, shall be such sum as, when 
added to the fees paid at the time of the original authorization 
and prior increase, if any, will make the total fees accord with 
the foregoing schedule; provided, however, that the minimum 
fee shall be fifteen dollars. 

5. Change of Amount. Amend section 114 of chapter 274 
of the Revised Laws, as amended by section 6, chapter 143, 
Laws of 1953 (section 115, chapter 294, RSA) by striking out 
the word "ten" and inserting in place thereof the word, fifteen, 
so that said section as amended shall read as follows : 114. 
Certificates. The fee for recording any certificates required 
by section 35 or any record of amendment required by section 
12 or section 45 which does not embody an increase in the 
authorized capital stock shall be fifteen dollars. 

6. Franchise Fees. Amend section 116 of chapter 274 of 
the Revised Laws as amended by section 5 of chapter 265 of 
the Laws of 1949 (section 117, chapter 294, RSA) by striking 
out said section and inserting in place thereof the following: 
116. Annual Fee. For the privilege of continuing its corpo- 
rate franchise, every such corporation shall pay annually to 
the secretary of state, at the time of making its annual return, 



1955] Chapter 171 247 

a fee equal to one fourth the amount paid upon fiHng its 
original record of organization plus one fourth of additional 
payments for increases in its authorized capital stock, if any; 
in case the authorized capital stock is reduced, the annual re- 
turn fee shall be one fourth the amount required for the 
original fee of a corporation capitalized at the amount as re- 
duced. In no case, however, shall such annual fee be more 
than five hundred dollars or less than fifteen dollars and it 
shall not be required of any such corporation which on March 
first of any year shall not have been incorporated more than 
six months. 

7. Voluntary Corporations. Amend section 4-a of chapter 
272 of the Revised Laws as inserted by section 1, chapter 265, 
Laws of 1949 (section 5, chapter 292, RSA) by striking out 
the word "five" in the third and sixth lines of said section and 
inserting in place thereof the word, ten, so that said section as 
amended shall read as follows: 4-a. Fees. The fee for 
recording the articles of agreement in the office of the secre- 
tary of state as required in section 4 shall be ten dollars. The 
fee for recording any record of amendment in the ofl^ice of the 
secretary of state as required in section 6 shall be ten dollars. 

8. Voluntary Corporations. Amend chapter 272 of the Re- 
vised Laws as amended by section 1, chapter 265, Laws of 
1949 (chapter 292, RSA) by inserting after section 4-a the 
following new section. 4-b. Returns, Filing Fee, Penalty. 
Every corporation organized under this chapter shall annually, 
on or before July first, make a return in writing to the secre- 
tary of state upon blanks to be furnished by him upon request. 
The returns shall be signed by and under the oath of the presi- 
dent and secretary or officers corresponding to president and 
treasurer of said corporations, and shall state its principal 
address and the names and addresses of all the officers and 
directors or governing board of the corporation. Every such 
corporation shall pay to the secretary of state with such annual 
return a filing fee of five dollars. Any corporation which shall 
fail to file its annual return on or before July first shall be re- 
quired to pay an additional fee of five dollars, as well as to 
make the annual return. Any corporation which shall for two 
consecutive years neglect or refuse to pay any fee due under 
the provisions of this chapter shall be liable to be dissolved and 
its charter repealed by act of the legislature. 



248 Chapter 171 [1955 

9. Foreign Corporations. Registration. Amend section 1 
of chapter 280 of the Revised Laws as inserted by section 1 of 
chapter 206 of the Laws of 1949 (section 3, chapter 300, RSA) 
by striking out the words "twenty-five" in the eighth hne of 
said section and inserting in place thereof the word, fifty, and 
by striking out the word "twenty-five" in the ninth line and 
inserting in place thereof the word, thirty-five, so that said 
section as amended shall read as follows: 1. Fee; Appoint- 
ment of Agent. Everj^ foreign corporation (except foreign 
insurance companies, to whom this chapter shall not apply, 
and except holders of certificates of approval issued under the 
provisions of sections 78 and 79 of chapter 170 of Revised 
Laws and corporations otherwise specifically required to 
register with and consent to service of process upon a state 
official) desiring to do business in this state, shall pay a regis- 
tration fee of fifty dollars and shall pay an annual maintenance 
fee of thirty-five dollars payable to the secretary of state on 
the first business day of January following the date of regis- 
tration and on the first business day of January thereafter, and 
continuously maintain in this state 

(a) a registered office which may or may not be the 
same as its place of business in this state; and 

(b) a registered agent, which agent may be the secre- 
tary of state and his successor or successors in office or an in- 
dividual resident in or a corporation authorized to do business 
and act as such agent in this state, whose office is identical 
with such registered office. 

(c) The secretary of state shall in December each year, 
notify all corporations registered hereunder of the fees to be- 
come due hereunder on the first business day of the January 
following; and shall in April notify all corporations who may 
have failed to pay the fees required hereunder. 

10. Fee for Changing Registration. Amend paragraph (f ) 
of section 3 of chapter 280 of the Revised Laws, as amended 
by chapter 206 of the Laws of 1949 (paragraph (f), section 5, 
chapter 300, RSA) by striking out the word "five" and insert- 
ing the word, ten, so that said paragraph as amended shall 
read as follows: (f) a filing fee of ten dollars. 

11. Fee for Withdrawal from State. Amend paragraph 
(f ) of section 6 of chapter 280 of the Revised Laws, as amended 



1955] ' Chapter 172 249 

by chapter 206 of the Laws of 1949 (paragraph (f), section 
10, chapter 300, RSA) by striking out the word "five" and in- 
serting the word, ten, so that said paragraph as amended shall 
read as follows : (f ) a filing fee of ten dollars. 

12. Change in Name. Amend section 12 of chapter 280 of 
the Revised Laws, as amended by chapter 206 of the Laws of 
1949 (section 9, chapter 300, RSA) by striking out the word 
'"live" in the seventh line and inserting in place thereof the 
word, ten, so that said section as amended shall read as follows: 
12. Change in Name; Fee. Any such corporation which has 
amended its charter by changing the name under which it is 
registered in this state shall within thirty days file with the 
secretary of state a certificate of such change, under the seal 
of the corporation, signed and sworn to by the clerk or secre- 
tary or assistant clerk or assistant secretary of the corporation 
and shall pay a filing fee of ten dollars. 

13. Effective Date. This act shall take effect upon its 
passage. 

[Approved June 1, 1955, 1:15 o'clock P. M. Daylight Saving 
Time.] 



CHAPTER 172. 



AN ACT RELATIVE TO THE SALARIES OF THE SHERIFF AND 
TREASURER OF COOS COUNTY. 

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

1. Coos County. Amend section 27, chapter 380, Revised 
Laws, as amended by chapter 195, Laws of 1943, chapter 189, 
Laws of 1945, section 2, chapter 2, Laws of 1947, section 3, 
chapter 202, Laws of 1947, section 1, chapter 256, Laws of 
1947, chapter 291, Laws of 1947, and section 3, chapter 235, 
Laws of 1953 (section 29, chapter 104, RSA) by striking out 
the words "eighteen hundred" in the thirteenth line and in- 
serting in place thereof the words, two thousand, so that said 
section as amended shall read as follows : 27. Salaries. The 
annual salaries of the sheriffs of the several counties shall be 
as follows: 



250 Chapter 173 * [1955 

In Rockingham, fifteen hundred dollars. 

In Strafford, one thousand dollars. 

In Belknap, thirteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, two thousand four hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, eight hundred dollars. 

In Grafton, twelve hundred and fifty dollars. 

In Coos, two thousand dollars. 

2. Coos County Treasurer. Amend section 13, chapter 48, 
Revised Laws, as amended by chapter 66, liaws of 1945, chap- 
ter 257, Laws of 1947, chapter 179, Laws of 1953 (section 14, 
chapter 29, RSA) by striking out the word "four" in the 
thirteenth line and inserting in place thereof the word, five, 
so that said section as amended shall read as follows: 13. 
Salaries. The annual salaries of the treasurers of the several 
counties to be in full for their services and allowances of every 
kind, except as hereinafter provided, shall be as follows: 

In Rockingham, eight hundred dollars. 

In Strafford, four hundred dollars. 

In Belknap, three hundred dollars. 

In Carroll, five hundred dollars. 

In Merrimack, six hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, four hundred dollars. 

In Sullivan, four hundred dollars. 

In Grafton, five hundred dollars. 

In Coos, five hundred dollars. 
To the foregoing sums shall be added a reasonable sum for all 
necessary expenses upon order of the county commissioners. 

3. Takes Effect. This act shall take effect January 1, 1956. 
[Approved June 1, 1955.] 



CHAPTER 173. 

an act relative to funds for development of the 
Port of Portsmouth. 

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

1. Funds Extended. The appropriation provided for by 



1955] Chapter 174 251 

section 43-b of chapter 27 of the Revised Laws, as inserted by- 
section 2, chapter 220, Laws of 1953 (section 11, chapter 12, 
RSA) to be expended under the direction of the planning and 
development commission shall be a continuing appropriation 
and shall not lapse. 

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

[Approved June 1, 1955.] 



CHAPTER 174. 



AN ACT RELATIVE TO THE CONSTRUCTION OF A DORMITORY FOR 

WOMEN AT THE UNIVERSITY OF NEW HAMPSHIRE, 

AND TO BE LIQUIDATED FROM INCOME. 

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

1. Appropriation. The sum of three hundred twelve thou- 
sand, five hundred dollars is hereby appropriated for the pur- 
pose of constructing, furnishing and equipping a dormitory for 
women 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. All contracts for the 
purchase of equipment and the construction of all or any part 
of said building 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 order to provide funds for the appro- 
priation made in section 1 hereof, the trustees. of the uni- 
versity are hereby authorized to request the governor and 
council to borrow upon the credit of the state not exceeding the 
sum of three hundred twelve thousand, five hundred dollars. 

3. State Bonds or Notes. The governor, upon receipt of a 
request from the board of trustees of the university, and by 



252 Chapter 174 [1955 

and with the consent of the council, may direct the state treas- 
urer to borrow upon the faith and credit of the state a sum 
not exceeding three hundred twelve thousand, five hundred 
dollars for the purpose of carrying into effect the provisions 
of this act, and for said purpose may issue bonds in the name 
and on behalf of the state at a rate of interest to be determined 
by the governor and council. The maturity dates of such 
bonds shall be determined by the governor and council, 
but in no case shall they be later than twenty years 
from the date of issue. The bonds shall be in such form and 
denomination as the governor and council shall determine, may 
be registerable as to both principal and interest, 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 shall keep an account of all such bonds 
showing the number and amount of each, the time of counter- 
signing, the date of delivery to the state treasurer and the date 
of maturity. The state treasurer shall keep an account of each 
bond showing the number thereof, the name of the person to 
whom sold, the amount received from the same, the date of 
the sale and the date of maturity. 

4. Short Term Notes. Prior to the issuance of tlie bonds 
hereunder, the state treasurer, with the approval of the gov- 
ernor 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 bonds hereunder. Provided, however, that 
at no one time shall the indebtedness of the state on such short 
term loans exceed the sum of three hundred twelve thousand, 
five hundred dollars. 

5. Sale of Bonds or Notes. All notes or bonds, except 
short term loans, issued under the provisions of this act shall 
be sold (1) at public sealed bidding, (2) only after an adver- 
tisement calling for bids has been published at least once in 
each of two successive calendar weeks in a newspaper of gen- 
eral circulation in New Hampshire and in a financial publica- 
tion of national circulation the first publication being not less 
than thirty days prior to the day the bids will be received, and 
(3) to the highest bidder. The governor and council may re- 
ject any or all bids, and/or negotiate with the highest re- 
sponsible bidder. The proceeds from the sale of such bonds 



1955] Chapter 175 253 

shall be held by the state treasurer and paid out by him upon 
warrants drawn by the governor for the purposes of this act 
alone and the governor, with tlie advice and consent of the 
council, shall draw his warrant for the payment from the funds 
provided by this act of all sums expended or due for the pur- 
poses herein authorized. All interest from such bonds shall be 
exempt from taxation within the state. 

6. Liquidation. The trustees of the university are author- 
ized to maintain the dormitory constructed under section 1 of 
this act, and to collect rents therefrom. The income from such 
rents shall be kept in a separate fund from which shall be paid 
the maintenance of said dormitory. The balance of said in- 
come, together with income from rents of other dormitories 
at the university not otherwise obligated, shall be used for the 
payment of the annual interest on the state borrowing for the 
purposes of said section 1 and for the payment of installments 
of principal as the same become due until such time as all 
obligations incurred under the provisions of section 1 have been 
met and thereafter said property shall become a part of the 
university property. 

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

[Approved June 1, 1955.] 



CHAPTER 175. 

AN ACT RELATIVE TO INCREASING CERTAIN PENALTIES. 

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

1. Pandering and Prostitution. Amend section 17 of chap- 
ter 449 of the Revised Laws (section 17, chapter 579, RSA) by 
striking out said section and inserting in place thereof the 
following: 17. Penalty. Any person guilty in the first de- 
gree shall be fined not more than five hundred dollars, or im- 
prisoned not more than three years, or both. Any person 
guilty in the second degree shall be fined not more than two 
hundred dollars, or imprisoned not more than one year, or 
both. 



254 Chapter 175 [1955 

2. Grand Larceny. Amend section 3 of chapter 452 of the 
Revised Laws as amended by section 1 of chapter 140 of the 
Laws of 1949 (section 3, chapter 582, RSA) by striking out the 
word "fifty" and inserting in place thereof the words, one hun- 
dred, so that said section as amended shall read as follows: 
3. One Hundred Dollars and Over. If any person shall steal, 
take, carry away, of the property of another, any money, bank 
bills, goods or chattels, or any writing containing evidence of 
an existing debt, contract, liability, promise, or ownership of 
property, of the value of one hundred dollars, or of the receipt, 
payment, or discharge of the like amount, or any writings of 
a like kind, which together shall contain the like evidence, he 
shall be imprisoned not more than five years. 

3. Petit Larceny. Amend section 4 of chapter 452 of the 
Revised Laws as amended by section 2, chapter 140 of the 
Laws of 1949 (section 4, chapter 582, RSA) by striking out 
said section and inserting in place thereof the following: 4. 
Fifty Dollars and Less Than One Hundred Dollars. If any 
person shall steal, take, and carry away any property of an- 
other, such as described in the preceding section, of the value 
or amount of fifty dollars and less than one hundred dollars, 
he shall be imprisoned not more than one year, or fined not 
more than five hundred dollars, or both. 

4. Change in Amount. Amend section 5 of chapter 452 of 
the Revised Laws, as amended by section 3, chapter 140 Laws 
of 1949 (section 5, chapter 582, RSA) by striking out said 
section and inserting in place thereof the following : 5. Under 
Fifty Dollars. If any person shall steal, take, and carry away 
any property of another, such as is described in section 3, of 
a less amount or value than fifty dollars, he shall be imprisoned 
not more than six months, or fined not more than two hundred 
dollars, or both. 

5. Subordinations. Amend section 21 of chapter 262 of 
the Revised Laws (section 23, chapter 260, RSA) by striking 
out said section and inserting in place thereof the following: 
21. Penalty. If any mortgagor shall be guilty of an offense 
against either of the two preceding sections he shall be fined 
not more than five hundred dollars or imprisoned not more 
than one year, or both. From said fine, if any, the court may in 



1955] Chapter 176 255 

its sole discretion allow to the mortgagee a reasonable sum of 
money for his loss and expenses. 

6. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 1, 1955.] 



CHAPTER 176. 



AN ACT RELATIVE TO THE POSTING OF LAND ADJACENT 
TO WOODLANDS. 

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

1. Trespass. Amend section 14-a of chapter 442 of the 
Revised Laws as inserted by chapter 171 of the Laws of 1951 
and as amended by chapter 200, Laws of 1953 (section 15, 
chapter 572, RSA) by striking out said section and inserting 
in place thereof the following : 14-a. Penalty. Whoever with- 
out right enters upon the cultivated land of another which has 
been posted with notices as described in section 14-b, shall be 
fined not more than fifty dollars, or imprisoned not more than 
six months, or both. Whoever without right when carrying fire- 
arms, enters upon such posted land within two hundred yards 
of an inhabited dwelling shall be fined not more than fifty 
dollars. 

2. Isolated Dwellings. Amend section 14-b of chapter 442 
of the Revised Laws as inserted by section 2, chapter 171, Laws 
of 1951 and as amended by chapter 200 of the Laws of 1953, 
(section 16, chapter 572, RSA) by striking out said section and 
inserting in place thereof the following : 14-b. Notices. The 
notices referred to in section 14-a shall conform to the follow- 
ing requirements: Posting notices shall be of durable ma- 
terial with the words NO HUNTING or TRESPASSING, 
printed with block letters not less than two inches in height, 
and shall contain also the name and address of the owner or 
lessee of such land. Such signs shall be not more than one hun- 
dred yards apart and shall be posted also at the gates, bars 
and commonly used entrances. Nothing herein contained shall 
prevent any owner from adding to the language herein required 



256 Chapters 177, 178 [1955 

such additional warning words as "children", "inhabited house 
nearby", "livestock", etc. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 8, 1955.] 



CHAPTER 177. 

AN ACT RELATIVE TO INSANE PRISONERS. 

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

1. Insane Prisoners. Amend section 3, chapter 429 of the 
Revised Laws (section 3, chapter 607, RSA) by striking out the 
words, "there to remain until he is discharged by due course 
of law" at the end of said section and inserting in place there- 
of the following, for life until or unless earlier discharged, re- 
leased, or transferred by due course of law, so that said section 
as amended shall read as follows: 3. Committal. In either 
of the cases aforesaid the court, if it is of opinion that it will 
be dangerous that such person should go at large, may commit 
him to the prison or to the state hospital for life until or unless 
earlier discharged, released, or transferred by due course of 
law. 

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

[Approved June 8, 1955.] 



CHAPTER 178. 



AN ACT RELATIVE TO OPERATION OF MOTOR VEHICLES AT 
YIELD RIGHT-OF-WAY SIGNS. 

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

1. Highways. Amend section 1, part 19, chapter 90, of the 
Revised Laws, as inserted by chapter 188, Laws of 1945 (sec- 



1955] Chapter 179 257 

tion 5, chapter 249, RSA) by adding after the words "other 
towns", the words, or cities, and by adding- after the words 
"stop signs", the words, yield right-of-way signs, so that said 
section as amended shall read as follows: 1. Regulation. 
The commissioner may regulate the use of class I, class II, and 
class III highways in towns of less than twenty-five hundred 
population and in other towns or cities outside the compact 
portion thereof as determined by him. He may establish stop 
intersections, erect stop signs, yield right-of-way signs, or other 
traffic devices or signals thereon or upon any highway entering 
therein. 

2. Operation of Motor Vehicles. Amend part 19, chapter 
90, of the Revised Laws, as inserted by chapter 188, Laws of 
1945 (chapter 249, RSA) by adding after section 1 the follow- 
ing new section: 1-a. Yield Right-of-Way Regulation. I. 

The yield right-of-way sign shall be an equilateral triangle 
with one point downward, having a yellow background with 
black lettering. Its sides shall be a minimum of thirty inches in 
length. It shall be reflectorized or illuminated. 11. When 
approaching an intersection controlled by a yield right-of-way 
sign any person operating a motor vehicle shall slow down and 
enter the intersection with caution but need not come to a 
full stop except when necessary to avoid interference witli 
other traffic that is given the right-of-way. 

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

[Approved June 8, 1955.] 



CHAPTER 179. 

AN ACT RELATIVE TO THE SALE OF CIDER. 

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

1. Cider. Amend chapter 170 of the Revised Laws (chap- 
ter 175, RSA) by inserting after section 30 the following new 
section: 30-a. Cider, Sale of, to Minors. Notwithstanding 
any other provisioins of this chapter, it shall be unlawful for 
any person to sell or cause or permit or procure to be sold to 



258 Chapter 180 [1955 

any minor, cider containing more than one per cent of alcohol 
by volume at sixty degrees Fahrenheit, provided that the pro- 
visions of this section shall not apply to sales of cider made 
within fifteen days of its manufacture. 

2. Takes Effect, This act shall take effect upon its 
passage. 
[Approved June 8, 1955.] 



CHAPTER 180. 



AN ACT RELATIVE TO THE FORMATION OF RAILROAD 
CORPORATIONS. 

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

1. Railroad Corporations. Amend section 2, chapter 274 
of the Revised Laws (section 2, chapter 294, RSA) by adding 
at the end thereof the following words, provided however that 
if the New Hampshire public utilities commission shall have 
entered an order finding that it shall be in the public good and 
subject to such terms and conditions as it may prescribe in 
the public interest, a corporation may be formed pursuant to 
the provisions of this chapter to acquire, maintain and operate 
any existing line of railroad or street railway within this state, 
so that said section as amended shall read as follows : 2. In- 
corporators; Purposes. Except as otherwise provided by law, 
three or more persons of lawful age may associate together by 
articles of agreement to form a corporation under the pro- 
visions of this chapter, for the purpose of carrying on any law- 
ful business within or outside this state except banking, the 
construction and maintenance of railroads, the business of 
making contracts for the payment of money at a fixed date or 
upon the happening of some contingency, or the business of a 
trust, surety, indemnity, or safe deposit company, provided 
however that if the New Hampshire public utilities commission 
shall have entered an order finding that it shall be in the public 
good and subject to such terms and conditions as it may pre- 
scribe in the public interest, a corporation may be formed pur- 
suant to the provisions of this chapter to acquire, maintain 



1955] Chapter 181 259 

and operate any existing" line of railroad or street railway with- 
in this state. 

2. Takes Effect, This act shall take effect upon its 
passage. 
[Approved June 8, 1955.] 



CHAPTER 181. 



AN ACT RELATIVE TO EVIDENCE OF MEMBERSHIP OR PARTICIPATION 
IN SUBVERSIVE ORGANIZATIONS. 

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

1. Membership or Participation in Subversive Organizations. 

Amend chapter 457-A of the Revised Laws, as inserted by 
chapter 193, Laws of 1951 (section 3, chapter 588, RSA) by 
inserting after section 3 the following new sections: 3-a. 
Evidence of Membership or Participation. In determining 
membership or participation in a subversive organization or a 
foreign subversive organization as defined in this chapter, or 
knowledge of the purpose or objective of such organization, the 
jury, under instructions from the court, may consider evidence, 
if presented, as to whether the accused person to his knowl- 
edge: (1) has been listed as a member in any book or any. of 
of the lists, records, correspondence, or any other document of 
the organization ; 

(2) Has made financial contribution to the organization 
in dues, assessments, loans, or in any other form; 

(3) Has made himself subject to the discipline of the 
organization in any form whatsoever; 

(4) Has executed orders, plans, or directives of any kind 
of the organization; 

(5) Has acted as an agent, courier, messenger, corres- 
pondent, organizer, or in any other capacity in behalf of the 
organization ; 

(6) Has conferred with officers or other members of the 
organization in behalf of any plan or enterprise of the organi- 
zation; 



260 Chapter 181 [1955 

(7) Has been accepted as an officer or member of the 
organization or as one to be called upon for services by other 
officers or members of the organization; 

(8) Has written, spoken or in any other way communi- 
cated by signal, semaphore, sign, or in any other form of com- 
munication orders, directives, or plan of the organization ; 

(9) Has prepared documents, pamphlets, leaflets, books, 
or any other type of publication in behalf of the objectives and 
purposes of the organization; 

(10) Has mailed, shipped, circulated, distributed, de- 
livered, or in any other way sent or delivered to others material 
or propaganda of any kind in behalf of the organization ; 

(11) Has advised, counseled or in any other way im- 
parted information, suggestions, recommendations to officers or 
members of the organization or to anyone else in behalf of the 
objectives of the organization; 

(12) Has indicated by word, action, conduct, writing or 
in any other way a willingness to carry out in any manner and 
to any degree the plans, designs, objectives, or purposes of the 
organization ; 

(13) Has in any other way participated in the activities, 
planning, actions, objectives, or purposes of the organization; 

(14) The enumeration of the above subjects of evidence 
on membership or participation in a subversive organization or 
a foreign subversive organization as above defined, shall not 
limit the inquiry into and consideration of any other subject of 
evidence on membership and participation as herein stated. 

3-b. Construction, Nothing in section 3-a shall be con- 
strued to limit the supervisory power of the court over the 
admission and exclusion of evidence or over the sufficiency of 
the evidence as a whole. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 8, 1955.] 



1955] Chapter 182 261 

CHAPTER 182. 

an act relative to the salary of the justice of the 
Keene muncifal court. 

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

1. Keene Municipal Court. Amend paragraph I of section 
31 of chapter 377, Revised Laws, as amended by chapter 232, 
Laws of 1947, chapters 73, 213, 239 and 251, Laws of 1953 
(paragraph I, section 7, chapter 502, RSA) and chapter 133 of 
the Laws of 1955, by striking out the words "In Keene, one 
thousand eight hundred dollars;" and inserting in place there- 
of the words. In Keene, two thousand five hundred dollars, so 
that said paragraph as amended shall read as follows: I. 
Salaries of Justices. Salaries of justices of municipal courts 
shall be paid from the treasury of the city or town in which 
such courts are located, may be paid quarterly or monthly, and 
shall be in the following sums per annum : 

In Manchester, four thousand six hundred dollars ; 

In Nashua, three thousand dollars; 

In Concord, three thousand five hundred dollars; 

In Portsmouth, two thousand five hundred dollars; 

In Dover, one thousand eight hundred dollars ; 

In Laconia, one thousand eight hundred dollars; 

In Keene, two thousand five hundred dollars; 

In Claremont, one thousand eight hundred dollars ; 

In Berlin, twenty-two hundred dollars; 

In Rochester, one thousand two hundred dollars; 

In Lebanon, one thousand five hundred dollars; 

In Newport, nine hundred dollars; 

In Derry, nine hundred dollars; 

In Franklin, one thousand two hundred dollars; 

In Exeter, eight hundred dollars; 

In Somersworth, eight hundred dollars; 

In Littleton, eight hundred dollars ; 

In Milford, six hundred dollars. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 8, 1955.] 



262 Chapter 183 [1955 

CHAPTER 183. 

AN ACT AUTHORIZING THE APPOINTMENT OF COUNTY 
PUBLIC TRUSTEES. 

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

1. Public Trustees. Amend chapter 363 of the Revised 
Laws (chapter 564, RSA) by inserting after section 2 the 
following new section: 2-a. Public Trustees. The judge of 
probate shall be empowered to appoint a suitable person as 
public trustee to hold office during the court's pleasure whose 
duty shall be to administer all such small charitable trusts as 
the court may assign to him, where it is found that the practical 
difficulties or the unreasonable expense involved in each trust 
would tend to defeat its purpose, provided, however, that in 
each instance the trustee of the fund assigned shall give his 
consent. 

2. Procedure; Investments. Amend chapter 363, of the 
Revised Laws (chapter 564, RSA) by inserting after section 
2-a as hereinabove inserted the following new sections: 2-b. 
Citation. Upon application the court may, in its discretion 
waive publication of citations and notices in such trusts where 
it is found in the interest of the estate. 2-c. Collective Invest- 
ments. The public trustee may establish common trust funds, 
in which may be combined money and property belonging to the 
various trusts in his care, for the purpose of facilitating in- 
vestments, providing diversification and obtaining reasonable 
income ; and provided, further, that the participating interests 
of said trusts are properly evidenced by appropriate book- 
keeping entries showing on an annual basis the contribution, 
the profits, the income, the expenses, the fees and withdrawals 
allocable to each trust. 

3. Takes Eflfect. Tliis act shall take effect upon its 
passage. 
[Approved June 9, 1955.] 



1955] Chapters 184, 185 263 

CHAPTER 184. 

AN ACT RELATIVE TO PUBLICATION OF REPORT OF AUDIT. 

Be it ermcted by the Senate and House of Representatives in 
Genei^al Court convened: 

1. Municipal Audits. Amend chapter 82 of the Revised 
Laws (chapter 71, RSA) by inserting after section 27 the 
following new section : 27-a. Publication of Report of Audit. 

A written or printed report of every completed audit shall be 
made to the proper local officials including a summary of the 
findings and recommendations of the auditors and a copy of 
such summary shall be published in the next annual report 
following the fiscal year in which the audit was completed. If, 
in the opinion of the selectmen, school board, county or village 
district commissioners the whole report of audit should be 
published the same may be published. If such summary of 
findings and recommendations is not so published the tax com- 
mission, at the expense of the county, city, town or district 
affected thereby, may cause such summary to be separately 
published and distributed or published in a newspaper having 
a general circulation in said county, city, town or district. 

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

[Approved June 9, 1955.] 



CHAPTER 185. 

AN ACT RELATING TO HAW^KERS AND PEDDLERS. 

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

1. Local Licenses of Hawkers and Peddlers. Amend sec- 
tion 4 of chapter 188 of the Revised Laws (section 4, chapter 
320, RSA) by striking out said section and inserting in place 
thereof the following: 4. Local Licenses. The clerk of any 
town or city shall grant a local license to any person who files 
in his office a certificate stating that to the best of the certi- 
fying officer's knowledge and belief the applicant for a license 
named therein is of good moral character; and is, or has de- 



264 Chapter 185 [1955 

clared his intention to become, a citizen of the United States. 
In the case of cities such certificate must be signed by the 
chief of police of the city in which the license is sought. In the 
case of towns such certificate must be signed by the chief of 
police, if any, and by a majority of the selectmen of the town 
in which such license is sought. Such license shall not be 
granted to any other person. 

2. Local License Fees. Amend section 7 of said chapter 
188 by striking out said section and inserting in place thereof 
the following: 7. Fees. Every person licensed under the 
provisions relative to local licenses shall pay to the clerk of the 
city or town granting such license the following sums before 
offering or exposing for sale any goods, wares or merchandise 
therein: For every town of not more than one thousand in- 
habitants, according to the census next preceding the date of 
his license, five dollars ; for a town of more than one thousand 
and less than two thousand inhabitants, eight dollars; for all 
other cities and towns, ten dollars. The clerk shall certify on 
the face of such license the sum so paid and shall forward all 
fees collected hereunder to the treasurer of said city or town 
which fees shall be for the use of said city or town. The clerk 
shall within five days notify the secretary of state of the issu- 
ance of said license. 

3. State Licenses. Amend section 8 of said chapter 188 by 
striking out said section and inserting in place thereof the 
following: 8. State Licenses. Upon compliance with the 
conditions hereinafter set forth, and upon payment of a fee of 
ten dollars for the use of the state as a state license fee, the 
secretary of state may grant special state licenses. Appli- 
cations for such licenses shall be made upon blanks prepared 
by the secretary of state requiring such information regarding 
the applicant's character and qualifications as said secretary 
shall deem pertinent. No such license shall be issued unless the 
application is accompanied by a certificate signed by the chief 
of police of some city in this state stating that the applicant 
for a license is, to the best of his knowledge and belief, a per- 
son of good moral character, and is, or has declared his inten- 
tion to become, a citizen of the United States. Any person so 
licensed may do business as a hawker or peddler in any city or 
town in this state, without further payments. 



1955] Chapter 185 265 

4. Revocation. Amend section 14 of said chapter 188 by 
striking out said section and inserting in place thereof the 
following: 14. Revocation of Licenses. Any special state 
license granted by the secretary of state to a hawker or peddler 
may be revoked by him after hearing (1) upon conviction of 
the licensee of any offense which in the judgment of the secre- 
tary warrants such revocation or (2) upon the submission to 
the secretary of evidence satisfactory to him that, during the 
term of the license, and acting under cover thereof, the 
licensee has accepted or solicited money, otherwise than 
through a bona fide sale or barter of goods, wares or merchan- 
dise or has in any manner begged or solicited alms from the 
public, or (3) upon a finding by him that the applicant has wil- 
fully falsified his application for license or (4) upon considera- 
tion of evidence that the liolder of said license is insane, a 
sexual psychopath, is or has been guilty of assault upon others 
or whose conduct has been otherwise disorderly and is of such 
violent or offensive demeanor that to permit him to retain 
such license would constitute a threat to the peace or safety 
of the public or (5) that the holder of said license is at large 
pending appeal from a conviction for a violation of the law in- 
volving extreme moral turpitude. Whenever any person is con- 
victed of a violation of any provision of this chapter relative 
to hawkers and peddlers, the clerk of the court or the trial 
justice by whom such person was convicted, shall notify the 
secretary of state or the clerk of any city or town which has 
granted a local license hereunder to said person. Any local 
license granted by the clerk of any city or town shall be re- 
voked by said clerk after hearing for like causes and in case 
of any revocation of a state license by the secretary of state 
all local licenses held by said licensees shall be revoked by said 
clerks. Any person whose license has been revoked under this 
section shall be ineligible to be licensed as a hawker or peddler 
in this state for a period of not less than one year or more than 
five years from the date of said revocation. Any person whose 
state or local license has been revoked, as a condition preced- 
ent to issuance of any new license, shall be required to furnish 
to the revoking authority satisfactory evidence of renewed 
reputation and character or mental health in addition to the 
certificate required to qualify for such license under sections 
2 or 3, or both. 



266 Chapter 186 [1955 

5. Right of Appeal. Amend said chapter 188 by adding 
after section 14 the following new section: 14-a. Appeal. 
Any person whose license is revoked under this chapter shall 
have the right of appeal provided by Revised Laws, chapter 
414. 

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

[Approved June 9, 1955.] 



CHAPTER 186. 

AN ACT RELATIVE TO HIGHWAY APPROPRIATIONS. 

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

1. Construction, Reconstiniction, and Betterment of High- 
ways. The balance of highway appropriation and bonds there- 
for, authorized by sections 4 and 5 of chapter 83 of the Laws of 
1951, being in the amount of four million dollars, having lapsed 
under general law, prior to being used as authorized, there is 
hereby appropriated said sum of four million dollars to be used 
for the purposes set forth in said chapter 83, Laws of 1951. 
The appropriation made under this section shall be a continu- 
ing appropriation until July 1, 1959, and shall not lapse prior 
to that date. 

2. Highway Appropriation. Amend chapter 34 of the Laws 
of 1953 by inserting after section 1 the following new section : 
1-a. Continuing Appropriation. The appropriation provided 
for by section 1 shall be a continuing appropriation and shall 
not lapse, 

3. Use of Funds. The appropriations provided by section 1 
of this act and by chapter 34 of the Laws of 1953, shall not be 
deemed to be special appropriations or authorized for special 
purposes but may be used for purposes therein stated and to 
supplement the regular highway income for all authorized 
highway expenditures. 

4. Accountability of Funds. Amend section 19 of chapter 
90-A of the Revised Laws as inserted by chapter 5, part 9, Laws 



Chapter 187 267 

of 1950 (section 9, chapter 228, RSA) by striking out said sec- 
tion and inserting in place thereof the following: 19. Funds. 
Nothing herein shall be construed to authorize or permit 
directly or indirectly the diversion or expenditure of highway 
funds for any purpose prohibited by constitutional or legisla- 
tive limitation of the state or of the United States. 

5. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 9, 1955.] 



CHAPTER 187. 

AN ACT RELATIVE TO LIABILITY IN THE OPERATION OF AIRCRAFT. 

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

1. Aeronautics. Amend chapter 306 of the Revised Laws 
(chapter 422, RSA) by inserting after section 27 the follow- 
ing new section: 27-a. Liability of Certain Persons Not in 
Possession of Aircraft. Notwithstanding the definitions of 
"operation of aircraft" and "operate aircraft" as set forth 
herein no person owning a civil aircraft or having a security 
interest in, or security title to, any civil aircraft under a con- 
tract of conditional sale, equipment trust, chattel or corporate 
mortgage, or other instrument of similar nature and no lessor 
of any such aircraft under a bona fide lease shall be liable other 
than by application of the doctrine of respondeat superior 
merely by reason of such ownership, interest or title, or merely 
by reason of his interest as lessor or owner of the aircraft so 
leased, for any injury to or death of persons, or damage to or 
loss of property in the air or on the surface of the earth 
(whether on land or water) caused by such aircraft, or by the 
ascent, descent, or flight of such aircraft or by the dropping 
or falling of an object therefrom, unless such aircraft is in the 
actual possession or control of such person at the time of such 
injury, death, damage or loss. Nothing in this section shall re- 
lieve such persons from liability for their own negligent acts 
or omissions if such acts or omissions cause or contribute to 
cause such injury, death, damage or loss. 



268 Chapter 188 [1955 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 9, 1955.] 



CHAPTER 188. 

AN ACT RELATIVE TO THE PAYMENT OF FOREST FIRE EXPENSES. 

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

1. Forest Fire Bills. Amend chapter 233 of the Revised 
Laws (chapter 224, RSA) by inserting after section 31 the 
follov^ing new sections. 31-a. Payment by the State. When, 
in the opinion of the state forester, the expenses of fighting 
forest and brush fires in towns, and other expenses lawfully 
incurred by wardens and deputy wardens of said towns in pre- 
venting forest fires, shall exceed an amount equal to one-half 
of one per cent of the latest equalized locally assessed valua- 
tion on such municipality, the state may pay such bills in the 
first instance. 31-b. Bills Submitted. The town forest fire 
warden shall submit all bills for payment to the state forester, 
certifying thereon that the bills were lawfully incurred and a 
proper charge. 31-c. Approval by State Forester. Upon re- 
ceipt by him of said bills, the state forester shall approve said 
bills and forward them for payment to the state treasurer. The 
governor shall draw his warrant on the state treasury from 
money in the treasury not otherwise appropriated for the pay- 
ment of said bills. 31-d. Recovery by State. The state 
forester shall thereafter bill the responsible municipality for 
its proportionate share of said fire expenses together with any 
amounts found by the state forester to be in excess of the rates 
established by the forestry and recreation commission and the 
state forester as provided in section 24. Upon receipt of the 
bill the municipality shall forthwith reimburse the state for the 
amount therein specified. 

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

[Approved June 9, 1955.] 



1955] Chapters 189, 190 269 

CHAPTER 189. 

AN ACT RELATIVE TO REIMBURSEMENT OF MUNICIPALITIES 
FOR FOREST FIRE EXPENSES. 

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

1. Reimbursement of Municipalities. Amend section 27 of 
chapter 233 of the Revised Laws (section 19, chapter 224, 
RSA) by striking out said section and inserting- in place there- 
of the following: 27. State's Portion. A duplicate bill, show- 
ing that the same has been audited and paid by the town, shall 
be filed by the selectmen or the mayor with the state forester, 
who, if he finds the same to be reasonable, shall forward it to 
the state treasurer with his approval, and the governor shall 
draw his warrant on the state treasury in favor of said 
town for the portion of said bill for which the state is 
liable in accordance with the provisions herein, from any 
money in the treasury not otherwise appropriated; the state, 
however, shall not reimburse municipalities or unorganized 
places at a rate in excess of that established from time to time 
by the commission and the state forester. 

2. Takes Effect. This act shall take effect as of July 1, 
1955. 

[Approved June 9, 1955.] 



CHAPTER 190. 

AN ACT RELATIVE TO THE STORING OF EXPLOSIVES. 

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

1. Repeal. Sections, 1, 2, 3, 4, 5, 6, 7, 8, 10, 13 and 14 of 
chapter 177 of the Revised Laws (sections 1, 2, 3, 4, 5, 6, 7, 8, 
10, 13 and 14, chapter 158, RSA) are hereby repealed. 

2. Explosives. Amend section 9 of chapter 177 of the Re- 
vised Laws (section 9, chapter 158, RSA) by striking out said 
section and inserting in place thereof the following: 9. 
Possession of Explosives. No person shall leave, deposit or 
liave in his custody or possession in any building used in whole 



270 Chapter 190 [1955 

or in part as a dwelling house, tenement house, apartment 
building, office building, shop or store, or in or within five hun- 
dred feet of any building used in whole or in part as a school, 
theater, church, public building or other place of public 
assembly, any high explosive, such as and including dynamite, 
any explosive compound of which nitroglycerine forms a part, 
fulminate in bulk or dry condition, blasting caps, detonating 
fuses, black powder or other similar explosive, except as may 
be permitted by regulations issued pursuant to chapter 175-A 
of the Revised Laws, as inserted by chapter 251, Laws of 1947. 
Any person violating the provisions of this section shall be 
fined not more than five hundred dollars. 

3. Transportation. Amend section 11 of chapter 177 of the 
Revised Laws (section 11, chapter 158, RSA) by inserting 
after the words "for hire" in lines 4 and 5 the words, by rail- 
road or on the public waters of the state, so that said section 
as amended shall read as follows: 11. With Passengers. 
It shall be unlawful to transport, carry or convey, from one 
place to another in this state, any dynamite, gunpowder or 
other explosive on any vessel or vehicle of any description 
operated by a common carrier, which vessel or vehicle is carry- 
ing passengers for hire by railroad or on the public waters of 
the state; provided, that it shall be lawful to transport on any 
such vessel or vehicle small arms ammunition in any quantity, 
and such fuses, torpedoes, rockets or other signal devices as 
may be essential to promote safety in operation, and properly 
packed and marked samples of explosives for laboratory ex- 
amination, not exceeding a net weight of one-half pound each, 
and not exceeding twenty samples at one time in a single vessel 
or vehicle; but such samples shall not be carried in that part 
of a vessel or vehicle which is intended for transportation of 
passengers for hire. Nothing in this section shall prevent the 
transportation of military or naval forces with their accom- 
panying munitions of war on passenger equipment vessels or 
vehicles. 

4. Public Utilities Commission. Amend section 12 of chap- 
ter 177 of the Revised Laws, as amended by section 1, chapter 
203, Laws of 1951 (section 12, chapter 158, RSA) by inserting 
after the word "carriers" in line 8 the words, by rail and water, 
and further amend by striking out the words "by land" in 



1955] Chapter 190 271 

line 9, so that said section as amended shall read as follows: 
12. Regulations. The public utilities commission shall formu- 
late regulations for the safe transportation of explosives in 
accordance with the best known practicable means for securing 
safety in transit, covering the packing, marking, loading, 
handling while in transit and the precautions necessary to de- 
termine whether the material when offered is in proper condi- 
tion to transport. Such regulations, and all changes or modifi- 
cations thereof, shall take effect ninety days after their publi- 
cation by said commission, and shall then be binding upon all 
common carriers by rail and water engaged in intrastate com- 
merce. 

5. Exceptions. Amend paragraph II of section 47 of chap- 
ter 119 of the Revised Laws (section 76, chapter 263, RSA) 
by striking out the same and inserting in place thereof the 
following: 11. Blasting Caps. Detonators, blasting caps or 
other dangerous devices used to set off dynamite and other ex- 
plosives shall not be carried in the same vehicle with said 
explosives except as follows : Blasting caps and electric blast- 
ing caps may be transported in the same motor vehicle with 
dynamite when the net weight of the dynamite does not exceed 
five thousand pounds, provided that such blasting caps are 
packed in an outside box made of one inch lumber lined with 
suitable padding material not less than one-half inch thick or 
in an outside box made of not less than twelve gauge sheet 
metal lined with plywood or other suitable material not less 
than three-eighths inches thick, so that no metal is exposed. 
Such boxes shall have hinged covers and fastening devices. 

6. Definition. Amend section 1 of chapter 175-A of the 
Revised Laws, as inserted by chapter 251 of the Laws of 1947 
(section 1, chapter 153, RSA) by adding at the end thereof 
the following new paragraph: VII. The word "explosives" 
shall mean any chemical compound, mixture or device, the 
primary or common purpose of which is to function by ex- 
plosion, i.e., with substantially instantaneous release of gas or 
heat. 

7. Board of Fire Control. Amend section 4 of chapter 
175-A of the Revised Laws, as inserted by chapter 251 of the 
Laws of 1947 (section 4, chapter 153, RSA) by inserting after 
the word "matters" in line 6 the words, for supervising and 



272 Chapter 190 [1955 

enforcing all laws of the state relative to the storage, handling 
and transportation of explosives, so that said section as 
amended shall read as follows : 4. Powers. The board shall 
have vested therein the management, supervision and direction 
of the duties and responsibilities as provided herein, except 
as limited by existing law or laws. It shall be responsible for 
supervising and enforcing all laws of the state relative to the 
protection of life and property from fire, fire hazards and re- 
lated matters, for supervising and enforcing all laws of the 
state relative to the storage, handling and transportation of 
explosives, and shall assist the several counties, cities, towns, 
village districts and precincts in supervising and enforcing 
local laws, by-laws and ordinances where existent, relative to 
(a) the prevention of fires; (b) the storage, sale and use of 
combustibles and explosives; (c) the installation and mainte- 
nance of automatic or other fire alarm systems and fire ex- 
tinguishing equipment; (d) the construction, maintenance and 
regulation of fire escapes ; (e) the means and adequacy of exit, 
in case of fire, from factories, asylums, hotels, hospitals, 
churches, schools, halls, theatres, amphitheaters, and all other 
places in which numbers of persons work, live or congregate 
from time to time for any purpose; and (f) the investigation 
of the cause, origin and circumstances of fires, and (g) the 
transportation, storage and physical handling of flammable 
liquids which such board believes dangerous to the lives or 
safety of the citizens of the state. It shall be the duty and re- 
sponsibility of the board to coordinate the activities of its 
office with duly authorized city, town, and village district, fire 
and building department officials and other state and local 
agencies required and authorized by state statutes or local 
ordinances to develop or enforce fire safety regulations. It shall 
further be the duty and responsibility of the board to assist, 
cooperate with, advise and counsel the associate advisors in 
the organization and efficient operation of fire departments and 
other fire protection organizations. 

8. Requirement. Amend section 5 of chapter 175-A of the 
Revised Laws, as inserted by chapter 251 of the Laws of 1947 
and as amended by chapter 141 of the Laws of 1949 (section 5, 
chapter 153, RSA) by inserting in line 14 after the word 
"hazards" the words, and for the storage, handling and trans- 
portation of explosives, and further amend said section by add- 



1955] Chapter 190 273 

ing at the end of said section the following : Such rules and 
regulations shall not apply to the storage, handling and trans- 
portation of explosives which conform to the laws of the United 
States or to regulations issued by any agency or administrative 
board of the United States. The application of such rules and 
regulations to installations, plants or equipment shall be limited 
to subsequent construction, remodeling or replacement of in- 
stallation, plants and equipment and shall not apply to existing 
installations, plants or equipment otherwise covered thereby un- 
less the board of fire control shall find that the continuation 
thereof is inimical to the public welfare and safety and requires 
immediate correction, so that said section as amended shall read 
as follows : 5. Rules and Regulations. The board is also em- 
powered to adopt and promulgate reasonable standard rules 
and regulations for the effective administration of the board, 
and to adopt and promulgate such reasonable standard rules 
and regulations to accomplish the intent and purposes of this 
chapter as it shall deem necessary, not inconsistent with the 
provisions hereof or any law of this state. Such rules and 
regulations shall be adopted only after public hearing, notice 
of which shall be published in a paper of general circulation in 
the state at least fifteen days before holding such hearing. The 
rules authorized hereunder shall be in accordance with estab- 
lished practicable means for securing safety to persons and 
property from fire or fire hazards, and for the storage, handling 
and transportation of explosives, and shall not be discrimina- 
tory in respect to persons engaged in like or similar businesses 
or industries. Notice containing a general statement of the con- 
tents of such rules and regulations adopted by the board shall 
be published at least twice in some newspaper of general circu- 
lation in the state, if their application is general, or in some 
newspaper of local circulation, if their application is local, as 
provided in section 12, together with information as to where 
the full text of such rules and regulations may be obtained by 
any person, and the board shall also give notice thereof by 
registered mail to each person interested therein who shall 
have registered with the board his name and address with a 
request to be so notified, and such rules and regulations shall 
become effective upon such date subsequent to the published 
notice, and notice to interested persons, required hereunder as 
may be specified by the board therein. Such rules and regula- 
tions shall not apply to the storage, handling and trans- 



274 Chapter 190 [1955 

portation of explosives which conform to the laws of the 
United States or to regulations issued by any agency or ad- 
ministrative board of the United States. The application of such 
rules and regulations to installations, plants or equipment shall 
be limited to subsequent construction, remodeling or replace- 
ment of installations, plants and equipment and shall not apply 
to existing installations, plants or equipment otherwise covered 
thereby unless the board of fire control shall find that the con- 
tinuation thereof is inimical to the public welfare and safety 
and requires immediate correction. 

9. Buildings and Premises. Amend paragraph I of section 
12 of chapter 175-A of the Revised Laws, as inserted by 
chapter 251 of the Laws of 1947 (section 14, chapter 153, 
RSA) by inserting in line 6 after the word "promulgate" 
the words, in addition to the rules and regulations which it 
shall adopt pursuant to section 5 of this chapter; further 
amend said paragraph by striking out the words "gun 
powder, dynamite" in line 9, and by striking out the words 
"torpedoes or any explosives of a like nature, or any other 
explosives, including fireworks and firecrackers" in lines 10, 
11 and 12, so that said paragraph as amended shall read as 
follows: I. For cities, towns, village districts and precincts 
not having local laws and ordinances, and those cities, towns, 
village districts and precincts whose existent laws and ordi- 
nances do not afford the necessary fire safety measures, the 
board shall make and promulgate, in addition to the rules and 
regulations which it shall adopt pursuant to section 5 of this 
chapter, reasonable rules and regulations for the keeping, 
storage, use, manufacture, sale, handling, transportation or 
other disposition of highly flammable materials and rubbish, 
explosive or flammable fluids or compounds, tablets, and may 
prescribe the materials and construction of receptacles and 
buildings to be used for any of the said purposes. These rules 
shall apply to the construction or remodeling of buildings and 
plants for flammable liquids and shall apply to new installation 
of and replacement of equipment for flammable liquids. These 
rules shall also apply to existing buildings, plants or equip- 
ment, which were not previously but are hereafter used for 
flammable liquids, but shall not apply to existing buildings, 
plants, structures or equipment now used for flammable liquids 
unless the state board shall determine the conditions constitute 



1955] Chapter 191 275 

a fire hazard. These rules shall be adopted in conformity with 
the procedure set forth in section 5 and shall be subject to 
judicial review as provided in section 6. Any city, town, village 
district and precinct may adopt the rules and regulations of the 
board, by reference thereto, as a part of its local laws and 
ordinances. 

10. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 9, 1955.] 



CHAPTER 191. 



AN ACT RELATIVE TO THE CONSTRUCTION AND INSPECTION OF 
PUBLIC BUILDINGS. 

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

1. Construction Standards. All new construction of 
schools, halls, theatres or other public buildings in which more 
than one hundred people can be assembled shall conform to the 
National Building Code as recommended by the National Board 
of Fire Underwriters and described as, "an ordinance provid- 
ing for fire limits and regulations governing the construction, 
alteration, equipment or removal of buildings or structures." 

2. Permit Required. Prior to starting new construction of 
schools, halls, theatres or other public buildings in which more 
than one hundred people can be assembled the person or per- 
sons responsible for such construction shall obtain a permit 
signed by the fire chief or, in towns having no fire chief, by the 
board of selectmen. 

3. Exceptions. The provisions of this act shall not apply 
within cities or towns maintaining their own building inspection 
service and having a building code which is not less compre- 
hensive than the National Building Code with respect to pro- 
visions for the public safety. 

4. Inspection of State Buildings. The state fire marshal 
and the commissioner of public works and highways shall pro- 



276 Chapter 192 [1955 

vide for safety inspection of all public buildings owned by the 
state. 

5. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 9, 1955.] 



CHAPTER 192. 



AN ACT RELATING TO THE PRESERVATION OF PRIVATE BUSINESS 

RECORDS AND TO MAKE UNIFORM THE LAW WITH 

REFERENCE THERETO. 

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

1. New Chapter. Amend the Revised Laws by inserting 
after chapter 255 (chapter 332, RSA) the following new 
chapter: 

Chapter 255-A 

Uniform Preservation of Private 

Business Records Act. 

1. Definitions. As used in this chapter "business" in- 
cludes every kind of private business, profession, occupation, 
calling or operation of private institutions, whether carried on 
for profit or not. 

"Person" means an individual, partnership, corporation, 
or any other association. 

"Records" or "business records" include books of account, 
vouchers, documents, cancelled checks, payrolls, correspond- 
ence, records of sales, personnel, equipment and production, re- 
ports relating to any or all such records, and other business 
papers. 

"Reproduction" means a reproduction or durable medium 
for making a reproduction obtained by any photographic, 
photostatic, microfilm, microcard, miniature photographic or 
other process which accurately reproduces or forms a durable 
medium for so reproducing the original. 

2. Destruction of Records. Unless a specific period is 
designated by law for their preservation, business records 



1955] Chapter 193 277 

which persons by the laws of this state are required to keep 
or preserve may be destroyed after the expiration of three 
years from the making of such records without constituting 
an offense under such laws. This section does not apply to 
minute books of corporations nor to records of sales or other 
transactions involving weapons, poisons or other dangerous 
articles or substances capable of use in the commission of 
crimes. 

3. Reproductions. If in the regular course of business a 
person makes reproductions of original business records, the 
preservation of such reproductions constitutes compliance with 
any laws of this state requiring that business records be kept 
or preserved. 

4. Application. Nothing in this chapter shall be con- 
strued to diminish the authority of an officer of this state 
under existing law to permit the destruction of business 
records. 

5. Construction. This chapter shall be so interpreted 
and construed as to effectuate its general purpose to make uni- 
form the law of those states which enact it ; but it shall not be 
interpreted and construed as requiring the preservation of 
business records for any longer period than they are now re- 
quired by law to be preserved. 

6. Title. This chapter may be cited as the Uniform 
Preservation of Private Business Records Act. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 9, 1955.] 



CHAPTER 193. 

AN ACT RELATIVE TO THE PAYMENT OF MOTOR ROAD TOLLS 

BY COUNTIES, AND REPORTS TO THE MOTOR VEHICLE 

COMMISSIONER ON SALE OF MOTOR FUEL 

FOR BOATS. 

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

1. Road Toll. Amend paragraph I of section 16 of chapter 



278 Chapter 193 [1955 

120 of the Revised Laws, as amended by chapter 65 of the Laws 
of 1943 and chapter 277, Laws of 1947 (paragraph I, section 19, 
chapter 265, RSA) by inserting after the word "town" in the 
fifth line the words, county farm, so that said paragraph as 
amended shall read as follows : I. Any person who shall use 
any motor fuel, with respect to which the road toll herein im- 
posed has been paid, in any way other than in motor vehicles 
for the purpose of generating power for the propulsion thereof 
upon the public highways, or any city, town, county farm, 
school district or village district which shall use any motor 
fuel in its own vehicles, or any dealer who shall make sales 
specified in paragraphs (a), (b) and (c) of section 3 of this 
chapter, shall be entitled to a refund to the extent of the 
amount of said tolls so paid, with respect to such motor fuel. 
The right to receive any refund under the provisions of this 
section shall not be assignable and any assignment thereof 
shall be void. Nor shall any payment thereof be made to any 
person other than the original person entitled thereto using 
or selling motor fuel as hereinabove in this section set forth. 

2. Boats. Amend chapter 22 of the Revised Laws by in- 
serting after section 41 as inserted by section 4 of chapter 65 
of the Laws of 1943 and as amended by section 1 of chapter 
292 of the Laws of 1947 (chapter 265, RSA) the following new 
section: 42. Reports. Persons selling and delivering motor 
fuel into the fuel tanks, or supplementary fuel tanks, of boats 
or outboard motors shall make such reports with respect to 
such sales to the motor vehicle commissioner as the commis- 
sioner shall deem necessary for the administration of section 
41 and shall by regulation prescribe. Any such person who shall 
fail to make a report so required shall be fined not more than 
one hundred dollars. 

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

[Approved June 9, 1955.] 



1955] Chapters 194, 195 279 

CHAPTER 194. 

AN ACT RELATIVE TO CHANGE OF CLASSIFICATION OF ROAD 
IN THE TOWN OP GiLMANTON. 

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

1. Change in Classification. The class II road being a part 
of route 129 from route 107 at Kelly's Corner to the village of 
Gilmanton Iron Works shall hereafter be classified as a class V. 
highway. 

2. Transfer of Funds. The sum that has been apportioned 
by the state for the construction of the above named road as a 
secondary highway together with the amount contributed by 
the town shall be transferred to the town road aid account for 
the town of Gilmanton and made available for expenditure on 
this highway and expended under the supervision of the com- 
missioner of public works and highways. 

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

[Approved June 9, 1955.] 



CHAPTER 195. 

AN ACT RELATING TO GROUP LIFE INSURANCE FOR SHARE 
HOLDERS IN CREDIT UNIONS. 

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

1. Group Life Insurance. Amend section 14-a of chapter 
327 of the Revised Laws, as inserted by chapter 175, Laws of 
1947 (section 15, chapter 408, RSA) as amended by section 1, 
chapter 79, Laws of 1955, by inserting at the end thereof, the 
following: (6) A policy issued to a credit union, which shall 
be deemed the policyholder, to insure members of such credit 
union for the benefit of persons other than the credit union or 
any of its officials subject to the following requirements: (a) 
The members eligible for insurance shall be all of the members 
of the credit union, or all of any class or classes thereof de- 



280 Chapter 195 [1955 

termined bj'' conditions pertaining to membership in the credit 
union, (b) The premium for the policy shall be paid by the 
policyholder, either wholly from the credit union funds, or 
partly from such funds and partly from funds contributed by 
the insured members specifically for their insurance, or wholly 
from funds contributed by the insured members specifically for 
their insurance. A policy on which all or a part of the premium 
is to be derived from funds contributed by the insured mem- 
bers specifically for their insurance may be placed in force only 
if at least seventy-five per cent of the then eligible members, 
excluding any as to whom evidence of individual insurability 
is not satisfactory to the insurer, elect to make the required 
contributions. A policy on which no part of the premium is to 
be derived from funds contributed by the insured members 
specifically for their insurance must insure all eligible mem- 
bers, or all except any as to whom evidence of individual in- 
surability is not satisfactory to the insurer, (c) The policy 
must cover at least twenty-five members at date of issue, (d) 
The amounts of insurance under the policy must be based upon 
some plan precluding individual selection either by the mem- 
bers or by the credit union. 

2. Credit Unions. Amend subparagraph (a) of the first 
paragraph of section 14-b of chapter 327 of the Revised Laws, 
as inserted by chapter 175, Laws of 1947 (subparagraph (a) 
of the first paragraph of section 16, chapter 408, RSA) by in- 
serting after the words "such creditor" the words, or policies 
issued to a credit union to insure members of such credit 
union, so that said subparagraph as amended shall read as 
follows: (a) that provisions (6) to (10) inclusive shall not 
apply to policies issued to a creditor to insure debtors of such 
creditor, or policies issued to a credit union to insure members 
of such credit union. 

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

[Approved June 9, 1955.] 



1955] Chapter 196 281 

CHAPTER 196. 

- AN ACT RELATIVE TO TAX EXEMPTION FOR CERTAIN INSTALLA- 
TIONS FOR WATER OR AIR CONTROL FACILITIES. 

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

1. Water or Air Pollution Contix)l Facilities. Amend chap- 
ter I66-A of the Revised Laws, as inserted by chapter 183 of 
the Laws of 1947, by inserting after section 4-a, as inserted 
by section 2, chapter 247, Laws of 1949 (section 5, chapter 149, 
RSA) the following new sections : 4-b. Tax Exemption. In 
view of the general public benefits resulting from the control 
of pollution in the surface waters or air of the state and to 
further promote the purposes and objectives of this chapter, 
any treatment facility, device, appliance or installation 
(whether consisting of real or personal property or a combina- 
tion of both) built, constructed or placed in operation by any 
person, firm or corporation in this state wholly or partly for 
the purpose of reducing, controlling or eliminating any source 
of pollution shall be exempt from taxes levied under chapter 
73 of the Revised Laws for a period of twenty-five years for 
that percentage of the valuation effective in the control of 
water or air pollution as the commission shall determine. Upon 
such determination the commission shall notify the municipal- 
ity of the percentage determined by it to be subject to ex- 
emption from taxes, and the taxing officials shall thereafter 
reduce the assessment by a like amount. 4-c. Review. The 
commission may annually conduct a hearing to determine the 
percentage of such facilities which is effective in controlling 
pollution, and either the municipality or the owner of the con- 
trol facility may request a rehearing or appeal from such de- 
termination in accordance with the provisions of chapter 414 
of the Revised Laws. 

2. Takes Effect. This act shall take effect as of April 1, 
1955. 

[Approved June 9, 1955.] 



2S2 Chapters 197, 198 " [1955 

CHAPTER 197. 

AN ACT RELATIVE TO INVESTIGATION OF SUBVERSIVE ACTIVITIES. 

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

1. Subversive Investigation. The investigation of sub- 
versive activities by the attorney general provided for by 
chapter 307 of the Laws of 1953, as continued by a resokition 
approved January 13, 1955, is hereby continued in full force 
and effect, in form, manner and authority as therein provided 
for the further period until June 30, 1957. The attorney general 
shall report to the general court of 1957 the results of this 
further investigation together with his recommendations, if 
any, for necessary legislation. He may at any time during said 
period temporarily or permanently conclude his investigation 
hereunder if, in his opinion, no useful public purpose would 
be served by continuation of the investigation. There is hereby 
appropriated for the expenses of this continued investigation 
a sum not to exceed forty-two thousand five hundred dollars, 
which shall include the cost of printing such report as is pro- 
vided for hereby, but nothing herein contained shall limit the 
power of the attorney general to act in cases of reasonable 
necessity under the provisions of section 11 of chapter 24 of 
the Revised Laws (section 12, chapter 7, RSA). The governoi' 
is hereby authorized to draw his warrants for the sum hereby 
appropriated out of any money in the treasury not otherwise 
appropriated. 

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

[Approved June 14, 1955.] 



CHAPTER 198. 



AN ACT RELATIVE TO INSERTION OF NAMES OF CERTAIN VETERANS 
AND CERTAIN SERVICEMEN ON THE CHECK-LISTS. 

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

1. Check-lists. Amend section 16 of chapter 32 of the Re- 



1055] Chapter 199 283 

vised Laws, as amended by section 5, chapter 81, Laws of 1943 
(section 18, chapter 55, RSA) by striking out said section and 
inserting in place thereof the following: 16. Conclusiveness 
of List. All persons whose names are entered upon the check- 
list as thus corrected shall be deemed to be legal voters in the 
town; and no person whose name is not upon the list shall be 
allowed to vote, unless it clearly appears that the name of said 
person has been omitted from said list by clerical eiTor or mis- 
take, or where the person is a veteran or a serviceman on leave 
who by reason of such service was not in the town or city of 
his legal residence at the time of the last session of the super- 
visors, and then only by vote of the majority of the board. 

2, Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 14, 1955.] 



CHAPTER 199. 



AN ACT RELATIVE TO ERECTION OF SO-CALLED HISTORICAL 

SIGNS. 

Be it enacted by the Senate and House of Representatives in 
General Co2U't convened: 

1. State Highways. Amend part 19, chapter 90, Revised 
Laws, as inserted by chapter 188, Laws of 1945 (chapter 249, 
RSA) and as amended by chapter 135, Laws of 1955, by in- 
serting at the end thereof the following new subdivision : 

Marking the Location of Historic Incidents on 
State Highways 
40. Authority for Erection. The commissioner of public 
works and highways may on his own motion or shall, upon 
petition of twenty or more citizens of the state, erect, within 
the right-of-way of any class T, II or III highway, signs for the 
purpose of indicating the occurrence of historic events, at an 
expense not to exceed five hundred dollars per year. Prior to 
the erection of any such signs the commissioner shall consult 
and secure the approval of the board established by section 41, 
as hereinafter provided. Nothing herein shall be construed to 



284 Chapter 200 [1955 

permit the erection of signs which will interfere with the 
reasonable use of said highways. 

41. Board Established. There shall be a board of five 
members consisting of the state librarian, one member of the 
planning and development commission designated by the com- 
mission, the director of the recreation division of the forestry 
and recreation commission, one member from the New Hamp- 
shire Historical Society designated by the society, and the 
secretary of state whose duty it shall be to consult with the 
commissioner of public works and highways and to approve the 
wording on, and the location of, signs commemorating historic 
events. Said board shall make such investigation as may be 
necessary to ascertain the facts relative to said events and the 
correctness of the location where the signs are to be erected. 
Said board shall serve without compensation or reimbursement 
for services. 

42. Expenditures. The expense of the erection of signs 
as provided in this subdivision shall be a charge upon the high- 
way funds. Provided that nothing herein shall be construed to 
prohibit the commissioner from accepting grants from inter- 
ested persons which grants shall be applied to the expense of 
said signs. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 14, 1955.] 



CHAPTER 200. 



AN ACT RELATIVE TO PURCHASES BY THE DIRECTOR OF 
PURCHASE AND PROPERTY. 

Be it enacted, by the Senate and House of Representatives in 

General Court convened: 

1. Director of Purchase and Property. Amend section 6 
of chapter 14- A of the Revised Laws, as inserted by chapter 
227, Laws of 1949, (section 24, chapter 8, RSA) by striking out 
said section and inserting in place thereof the following: 6. 
Non-Competitive Purchases. Except where competitive bid- 



1955] Chapter 201 285 

ding has been employed, no purchase involving an expenditure 
of three hundred dollars or more shall be made by the director 
of purchase and property without the written approval of the 
comptroller. In requesting such approval the director of pur- 
chase and property shall first state in writing his reasons for 
not employing competitive bidding. If the comptroller refuses 
to approve any such non-competitive purchase, the director of 
purchase and property may appeal to the governor for such 
approval and the governor shall approve or disapprove such 
purchase in writing. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 20, 1955.] 



CHAPTER 201. 



AN ACT RELATIVE TO EMERGENCY PURCHASES BY THE 
DIVISION OF PURCHASE AND PROPERTY. 

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, 
Laws of 1943, and as amended by section 1, chapter 227, Laws 
of 1949 and chapter 53, Laws of 1951 (paragraph XV of sec- 
tion 19, chapter 8, RSA) by striking out said paragraph and 
inserting in place thereof the following: (e) require com- 
petitive bidding before making any purchase for the state pur- 
suant to the provisions of this chapter, except (1) when the 
purchase involves a total expenditure of less than three hun- 
dred dollars, and when the best interests of the state would 
be served thereby, (2) when, after reasonable investigation by 
t?ie director of purchase and property, it appears that any re- 
quired unit or item of supply, or brand of such unit or item, 
is procurable by the state from only one source, (3) when, 
after reasonable investigation by the director of purchase and 
property, 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 



286 Chapter 202 [1955 

the governor, an emergency exists of a nature which requires 
the immediate procurement of supplies, he may authorize the 
director of purchase and property to make a purchase without 
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 any 
resident licensed insurance agent, 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 20, 1955.] 



CHAPTER 202. 



AN ACT RELATIVE TO PRIOR SERVICE CREDITS FOR 
STATE OFFICIALS AND EMPLOYEES. 

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

1. State Officials and Employees. Amend chapter 243 of 
the Laws of 1947 (chapter 99, RSA) by inserting after sec- 
tion 5 thereof the following new section : 5-a. Limited Prior 
Service. Any person who has been or is caused to leave state 
service involuntarily by reason of reduction in force and who 
returned or shall return to state service may for purposes of 
future compensation only, count the time of said prior state 
service as continuous with his present service without in- 
clusion of the intervening period of non-state employment, to 
obtain benefits provided under sections 3 and 4. This section 
shall not authorize retroactive payment to persons now or here- 
after in state service affected hereby but shall provide credit 
of such past service for compensation subsequent to the 
effective date of this act. This section shall not apply to per- 
sons who shall have separated or separate from state service 
under other circumstances. 

2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved June 20, 1955.] 



1955] Chapter 203 287 

CHAPTER 203. 

AN ACT RELATING TO THE ASSESSMENT OF THE EXPENSES OF THE 

PUBLIC UTILITIES COMMISSION AGAINST CERTAIN 

PUBLIC UTILITIES. 

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

1. Public Utilities Commission. Amend the Revised Laws 
by inserting after chapter 286 (chapter 363, RSA) the follow- 
ing new chapter: 

Chapter 286-A 

Assessment of Expenses of Commission 

Against Certain Public Utilities 

1. Ascertainment of Expenses. The public utilities com- 
mission shall annually, after the close of the fiscal year, ascer- 
tain the total of its expenses during such year incurred in the 
performance of its duties relating to public utilities as defined 
in section 2 of chapter 285 of the Revised Laws as inserted by 
section 9 of chapter 203 of the Laws of 1951. In the determina- 
tion of such expenses, there shall be excluded expenses which 
have been or may be charged and recovered under the pro- 
visions of section 37 of chapter 287 of the Revised Laws as 
amended by section 11 of chapter 203 of the Laws of 1951. 

2. Assessment. The expenses thus ascertained in an 
amount not exceeding seventy-five thousand dollars, shall be 
assessed against the public utilities described in the foregoing- 
section in the manner herein provided. The public utilities com- 
mission shall establish reasonable classifications of public 
utilities, and shall determine the share of its expenses 
attributable to each such class. Each such share shall be 
assessed against the several public utilities comprising the 
class in such proportion as the public utilities commission shall 
determine to be fair and equitable. 

3. Certification of Assessment. It shall be the duty of 
the public utilities commission to calculate the amount to be 
assessed against each such public utility in accordance with 
the foregoing provisions. Not later than ninety days after the 
close of the fiscal year, the public utilities commission shall 
make a list showing the amount due from each of the several 



288 Chapter 204 [1955 

public utilities assessed under the provisions hereof, and, to- 
g-ether with a statement of the full name and mailing address 
of each such public utility, shall certify the same to the state 
treasurer. 

4. Collection. Forthwith upon the receipt of such list, 
the state treasurer shall bill each public utility for the amount 
assessed against it. Such bill shall be sent registered mail, and 
shall constitute notice of assessment and demand for payment. 
Payment shall be made to the state treasurer within thirty 
days after the receipt of the bill, unless the public utility shall 
within that time file with the commission its objection in writ- 
ing, setting out in detail the grounds upon which it is claimed 
that said assessment is excessive, erroneous, unlawful or in- 
valid. If such objections be filed the commission, after reason- 
able notice to the objecting public utility, shall hold a hearing 
on such objections; and if the commission find that said assess- 
ment or any part thereof is excessive, erroneous, unlawful or 
invalid, the commission shall reassess the amount to be paid 
by such public utility, and shall order that an amended bill be 
sent to such public utility in accordance with such reassess- 
ment. After the expiration of thirty days from receipt of an 
original bill, or of an amended bill if the public utility shall 
have filed objections, the state treasurer may commence an 
action at law for the recovery of the assessment. 

2. Takes Effect. This act shall take effect upon its 
passage; and its provisions shall apply to the expenses of the 
commission for the fiscal year ending June 30, 1955. 
[Approved June 20, 1955.] 



CHAPTER 204. 



AN ACT RELATING TO TRANSPORTATION OF SCHOOL CHILDREN 
AND OPERATORS OF SCHOOL BUSSES. 

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

1. Commission of Motor Vehicles. Amend section 14-a of 
chapter 119 of the Revised Laws, as inserted by chapter 90 of 
the Laws of 1945, and as amended by section 4, chapter 114, 



1955] Chapter 205 289 

Laws of 1949 (section 28, chapter 263, RSA) by striking out 
said section and inserting in place thereof the following : ll-a. 
Operator of School Bus. The owner of any motor vehicle 
transporting ten or more school children to and from any 
public school or private educational institution shall submit to 
the authorities in the town or city which pays for said trans- 
portation a list of the names of the persons who are to operate 
the busses to be used in such transportation. Such authority 
shall make an investigation as to the motor vehicle operator's 
record, character and responsibility of each such person and if 
it finds him qualified to bear the responsibility of the trans- 
portation of such children shall so certify, and shall notify the 
motor vehicle commissioner of said certification. Upon receipt 
of such certification the motor vehicle commissioner shall cause 
said operator to be examined as to his qualifications as an 
operator of school busses and said commission may make 
special rules and regulations for such examination. No person 
shall operate a motor vehicle transporting ten or more school 
children to or from any such school unless he has satisfactorily 
passed a special examination for said operation and received 
from the commissioner a special certificate therefor. The com- 
missioner may revoke such special certificate for good cause 
shown. 

2. Takes Effect. This act shall take effect as of Septem- 
ber 1, 1955. 
[Approved June 20, 1955.] 



CHAPTER 205. 



an act relative to regulations as to boating on 

certain ponds in pillsbury state park and 

Bear Brook state park. 

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

1. Ponds in Certain State Parks. Amend chapter 234 of 
the Revised Laws (chapter 219, RSA) by inserting after sec- 
tion 8 thereof the following sew section: 8-a. Regulation of 
Motors. The forestry and recreation commission may pre- 



290 Chapter 206 [1955 

scribe such reasonable rules and regulations as to the use of 
boats propelled by any mechanical means on the following 
bodies of water : Mill Pond and North Pond in Pillsbury state 
park and Spruce Pond and Bear Hill Pond in Bear Brook state 
park. Such regulations shall be posted at places reasonably 
designed to acquaint the public contemplating using such 
ponds for boating purposes with the prescribed regulations. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 20, 1955.] 



CHAPTER 206. 



AN ACT RELATING TO DUTIES OF SUPPORT AND TO MAKE UNIFORM 
THE LAW WITH REFERENCE THERETO. 

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

1. Uniform Duties of Support. Amend the Revised Laws 
by inserting after chapter 420-A, as inserted by chapter 191, 
Laws of 1953 (chapter 546, RSA) the following new chapter: 

Chapter 420-B 
Uniform Civil Liability of Support 

1. Definitions. As used in this chapter: 

I. "State" includes any state, territory or possession 
of the United States, the District of Columbia and the Common- 
wealth of Puerto Rico. 

H. "Obligor" means any person owing a duty of 
support. 

HI. "Obligee" means any person to whom a duty of 
support is owed. 

IV. "Child" means either a natural or adopted child or 
a stepchild. 

V. "Father" or "mother" means either a natural or 
adopted father or mother or a stepfather or stepmother who 
has assumed the relation of a parent to his or her stepchild. 

2. Liability. Every person whose income or other re- 



1955] Chapter 206 291 

sources are more than sufficient to provide for his or her 
reasonable subsistence compatible with decency or health owes 
a duty to support or contribute to the support of his or her 
wife, husband, child, father or mother when in need. 

3. Duties of Support. An obligor present or resident in 
this state has the duty of support as defined in this chapter 
regardless of the presence or residence of the obligee. 

4. Jurisdiction. The superior court shall have juris- 
diction of all proceedings brought under this chapter. 

5. Amount of Support. When determining the amount 
due for support the court shall consider all relevant factors in- 
cluding but not limited to: (a) the standard of living and 
situation of the parties ; (b) the relative wealth and income of 
the parties; (c) the ability of the obligor to earn; (d) the 
ability of the obligee to earn; (e) the need of the obligee; (f) 
the age of the parties ; (g) the responsibility of the obligor for 
the support of others. 

6. Modification of Order. The court shall retain juris- 
diction to modify or vacate the order of support where justice 
requires. 

7. Enforcement of Rights. The obligee may enforce his 
right of support against the obligor and the state or any 
political subdivision thereof may proceed on behalf of the 
obligee to enforce his right of support against the obligor. 
Whenever the state or a political subdivision thereof furnishes 
support to an obligee, it has the same right as the obligee to 
whom the support was furnished, for the purpose of securing 
reimbursement and of obtaining continuing support. 

8. Appeals. Appeals may be taken from orders under 
this chapter as in other civil actions. 

9. Evidence of Husband and Wife. Laws attaching a 
privilege against the disclosure of communications between 
husband and wife are inapplicable under this chapter. 

10. Rights Additional to Those Now Existing. The 

rights herein created are in addition to and not in substitution 
for any other rights. 

11. Uniformity of Interpretation. This chapter shall be 



292 Chapter 207 [1955 

so interpreted and construed as to effectuate its general pur- 
pose to make uniform the law of those states which enact it. 

1,2. Title. This chapter may be cited as the Uniform 
Civil Liability of Support Act. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 20, 1955.] 



CHAPTER 207. 



AN ACT TO CHANGE THE FEES FOR THE LICENSES AND PERMITS 
OF PRACTICAL NURSES. 

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

1. Changes in Fees. Amend sections 7, 9, 10 and 11 of 
chapter 257-A, Revised Laws, as inserted by chapter 26, Laws 
of 1951 (sections 21, 26, 27 and 28, chapter 326, RSA) by strik- 
ing out all of said sections and inserting in place thereof the 
following : 

7. Fees. Each person applying for a license to practice 
as a licensed practical nurse, or for examination and such license 
shall pay to the commissioner of education a fee of fifteen 
dollars. The commissioner shall pay all fees so received and all 
fees from biennial permits to the state treasurer who shall keep 
the same in a separate fund to be used only for the purpose of 
the board of nursing education and nurse registration here- 
under. 

9. Biennial Permit to Practice. Any licensed practical 
nurse who intends to engage in such practice in this state 
shall biennially before January first, beginning January 1, 1956, 
file his name and address with the commissioner of education 
and pay to the commissioner a fee of three dollars whereupon, 
if he has complied with the requirements 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 December thirty-first two years hence. 



1955] Chapter 208 293 

10. Prohibition. No person shall claim to be a licensed 
practical nurse in this state unless he has a valid license and 
biennial 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 Practical 
Nurse or its abbreviation, L. P. N. 

11. False Representation. Any person who shall will- 
fully make any false representation in applying for a license or 
biennial permit hereunder shall be fined not less than one 
hundred nor more than five hundred dollars. 

2. Takes Effect. Section 7 as amended shall take effect 
upon the passage of this act and sections 9, 10 and 11 as 
amended shall take effect January 1, 1956. 
[Approved June 20, 1955.] 



CHAPTER 208. 



AN ACT TO PROVIDE FOR THE REGULATION OF THE BUSINESS 
OF DRIVERS' SCHOOLS. 

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

1. Motor Vehicle Drivers' School. Amend the Revised 
Laws by inserting after chapter 119 (chapter 263, RSA) the 
following new chapter: 

Chapter 119-A 
Motor Vehicle Drivers' School 

1. Terms Defined. As used in this chapter the follow- 
ing words and terms shall have the following meanings : 

L "Drivers' school" means the business of giving in- 
struction, for compensation, in the driving of motor vehicles 
and motorcycles; 

IL "Person" includes an individual, corporation, and 
partnership ; 

IIL "Place of business" means a designated location 
at which the business of a drivers' school is conducted ; and 



294 Chapter 208 [1955 

IV. "Fraudulent practices" shall include, but shall not 
be limited to (a) any conduct or representation tending to give 
the impression that a license to operate a motor vehicle or 
motorcycle or any other license, registration or service granted 
by the motor vehicle department may be obtained by any 
means other than the means prescribed by law or by furnish- 
ing or obtaining the same by illegal or by improper means, or 
(b) the requesting, accepting, exacting or collecting of money 
for such purpose. 

2. License Required; Fee, Term, Renewal. No person 
shall engage in the business of conducting a drivers' school 
without being licensed therefor by the commissioner of motor 
vehicles. Application therefor shall be in writing and contain 
such information therein as he shall require. If the application 
is approved, the applicant shall be granted a license upon the 
payment of a fee of fifty dollars; provided, however, that no 
license fee shall be charged for the issuance of a license to any 
board of education, school board, public, private or parochial 
school, which conducts a course in driver education, approved 
by the state department of education. A license so issued shall 
be valid during the calendar year. The annual fee for renewal 
shall be twenty-five dollars. The commissioner shall issue a 
license certificate or license certificates to each licensee, one of 
which shall be displayed in each place of business of the 
licensee. In the case of loss, mutilation or destruction of a 
certificate, the commissioner shall issue a duplicate upon proof 
of the facts and the payment of a fee of one dollar. 

3. Grounds for Denial of License for Drivers' School. The 

commissioner may deny the application of any person for a 
license if, in his discretion, he determines that : 

I. Such applicant has made a material false statement 
or concealed a material fact in connection with his application ; 

II. Such applicant, any officer, director, stockholder or 
partner, or any other person directly or indirectly interested 
in the business, was the former holder of a license hereunder, 
or was an officer, director, stockholder or partner, in a corpora- 
tion or partnership which held a license under this chapter and 
which license was revoked or suspended by the director ; 

III. Such applicant or any officer, director, stock- 
holder, partner, employee, or any other person directly or in- 



1955] Chapter 208 295 

directly interested in the business, has been convicted of a 
crime ; 

IV. Such applicant has failed to furnish satisfactory 
evidence of good character, reputation and fitness; 

V. Such applicant does not have a place of business as 
required by this chapter; 

VI. Such applicant is not the true owner of the drivers' 
school; or 

VII. The application is not accompanied by a copy of 
a standard liability insurance policy in the amount of ten thou- 
sand dollars for personal injury to, or death of, any one person 
and subject to said amount for one person twenty thousand 
dollars for personal injury to, or death of, more than one per- 
son involved in any one accident, and five thousand dollars for 
property damage in any one accident, suff'ered, or caused by 
reason of negligence of the applicant or any agent or employee 
of the applicant, approved as to form and coverage by the 
commissioner, and issued by a company duly licensed to trans- 
act business in this state under the insurance laws of this 
state. 

4. Rules. The commissioner may make such rules as he 
deems reasonable for the conduct of drivers' schools. 

5. Grounds for Revoking or Suspending School License. 

The commissioner, or any employee of the motor vehicle de- 
partment deputized by him, may suspend or revoke any school 
license issued under the provisions of this chapter or refuse to 
issue a renewal thereof if : 

I. The licensee has made a material false statement 
or concealed a material fact in connection with the application 
for a license or the renewal thereof; 

II. The licensee or any partner or officer of the licensee 
has been convicted of a crime ; 

III. The licensee has failed to comply with any of the 
provisions of this chapter or any of the rules and regulations 
of the commissioner establishing instructional standards and 
procedures ; 

IV. The licensee or any partner or oflTicer of such 
licensee has been guilty of fraud or fraudulent practices in re- 
lation to the business conducted under the license, or guilty of 
inducing another person to resort to fraud or fraudulent 



296 Chapter 208 [1955 

practices in relation to securing for himself or another the 
license to drive a motor vehicle or motorcycle; 

V. The licensee has knowingly employed, as an in- 
structor, a person who has been convicted of a crime or has re- 
tained such a person in such employ after knowledge of his con- 
viction; or 

VI. The licensee has failed to maintain satisfactory in- 
surance to meet damage claims required by section 3 of this 
chapter. 

6. Renewal No Bar to Revoking License. Notwith- 
standing the renewal of a license, the commissioner may re- 
voke or suspend such license for causes and violations, as pre- 
scribed herein, occurring during any prior license period. 

7. Hearings. Every applicant or licensee shall be en- 
titled to a hearing, before his application for a license or a re- 
newal thereof is refused or his license is revoked, and shall be 
given due notice thereof. The sending of a notice of a hearing 
by registered mail to the last known address of a licensee or 
applicant ten days prior to the date of the hearing shall be 
deemed due notice. The commissioner, or the person deputized 
by him to conduct a hearing, shall have power to subpoena 
witnesses, administer oaths to witnesses and take testimony 
of any person or cause his deposition to be taken. A subpoena 
issued under the authority of this section shall be served in 
the same manner as a subpoena issued out of the superior 
court. Witnesses subpoenaed hereunder shall be entitled to the 
same fees and mileage as are allowed in civil actions in courts 
of record. 

8. Records Kept by Licensee. Every licensee shall keep 
such records as the commissioner may by regulation require. 
The records of the licensee shall be open to the inspection of 
the commissioner or his representatives at all times during 
reasonable business hours. 

9. Penalties. A person who violates any of the pro- 
visions of this chapter shall be subject, for a first oflfense, to a 
fine of not less than one hundred dollars nor more than two 
hundred fifty dollars or imprisonment for a term of not less 
than ten days or more than thirty days, or both, in the dis- 
cretion of the court. For a subsequent violation, he shall be 



1955] Chapter 209 



297 



subject to a fine of not less than two hundred fifty dollars nor 
more than five hundred dollars or imprisonment for a period 
of not less than thirty days or more than three months, or 
both, in the discretion of the court. 

2. Takes Effect. This act shall take eflfect on July 1, 1955. 
[Approved June 21, 1955.] 



CHAPTER 209. 

AN ACT PROVIDING FOR LIENS ON HOUSE TRAILERS. 

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

1. Liens on House Trailers. Amend section 38, chapter 264 
of the Revised Laws, as amended by section 1, chapter 58 
Laws of 1949 (section 1, chapter 450, RSA) by inserting after 
the words "or hangar" in the second line the words, or trailer 
court; further amend by inserting after the words "or air- 
craft" m the third line the words, or house trailers, and by in- 
sertmg after the words "or aircraft" in the fifth line the words 
or house trailer, so that said section as amended shall read as 
follows: 38. For Storage. Any person who maintains a 
public garage or hangar or trailer cort for the storage and 
care of motor vehicles or aircraft or house trailers brought to 
his premises or placed in his care by or with the consent of 
the legal or equitable owner, shall have a lien upon said motor 
vehicle or aircraft or house trailer so long as the same shall 
remam m his possession, for proper charges due him for the 
storage and care of the same. 

2. Charges. Amend section 40, chapter 264 of the Revised 
Laws, as amended by section 2, chapter 58, Laws of 1949 
^(section 3 chapter 450, RSA) by inserting after the words 
or aircraft" in the third line the words, or house trailer, so 
tnat said section as amended shall read as follows- 40 
Notice and Sale. If any of the charges referred to in this sub- 
division shall remain unpaid for sixty days, the lien holder may 
sell such motor vehicle or aircraft or house trailer at public 
sale, and the proceeds, after first paying the expense of sale 
shall be applied in payment of the charges, the balance, if any' 



298 Chapters 210, 211 [1955 

to be paid to the debtor. Notice of such sale shall be given and 
record made as provided in sections 7, 8 and 10. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 21, 1955.] 



CHAPTER 210. 

AN ACT RELATIVE TO TEMPORARY USE OF SPECIAL MILITARY 
REGISTRATIONS AND PLATES. 

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

1. Motor Vehicles: Registration. Amend chapter 116 of 
the Revised Laws (chapter 260, RSA) by inserting after sec- 
tion 9 thereof the following new section : 9-a. Exemption of 
Motor Vehicles Owned by Military Personnel. The provisions 
of this chapter relative to the registration of motor vehicles 
and motor cycles and the display of number plates shall not 
apply to motor vehicles or motor cycles having registrations 
and displaying plates issued by the armed forces of the United 
States for vehicles owned by military personnel, but such ex- 
emption shall be valid only for a period of seven days after the 
owner thereof has entered this state for the purpose of travel- 
ing to either his place of residence or a point of military duty. 

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

[Approved June 21, 1955.] 



CHAPTER 211. 



AN ACT TO PROVIDE FOR THE GIVING OF SECURITY BY OWNERS AND 

OPERATORS OF AIRCRAFT INVOLVED IN ACCIDENTS AND TO 

PROVIDE FOR ADMINISTRATION THEREOF. 

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

1. Aircraft. Amend the Revised Laws by inserting after 
chapter 306 (chapter 422, RSA) the following new chapter: 



1955] Chapter 211 299 

Chapter 306-A 

Aircraft Financial Responsibility 
1. Definitions. As used in this act, unless the context 
requires otherwise: 

(a) "Agency" means the New Hampshire aeronautics 
commission of this state. 

(b) "Aircraft" means any contrivance now known, or 
hereafter invented, used or designed for navigation of or flight 
in the air. 

(c) "Judgment" means any judgment which has be- 
come final, rendered by a court of competent jurisdiction of any 
state or of the United States, upon a claim for damages 
suffered by a claimant arising out of the ownership, operation, 
maintenance or use of any aircraft, including damages for care 
and loss of services, because of bodily injury to or death of any 
person or injury to or destruction of property, including the 
loss of use thereof, or upon an agreement of settlement for 
such damages. 

(d) "Non-resident's operating privilege" means the 
privilege conferred upon a non-resident by the law of this state 
pertaining to the operation by him of an aircraft or the use of 
an aircraft owned by him, in this state. 

(e) "Operator" means any person who is exercising 
actual physical control of an aircraft. 

(f) "Owner" means any of the following persons who 
may be legally responsible for the operation of an aircraft: 

(1) A person who holds the legal title to an aircraft; 

(2) A lesee of an aircraft; 

(3) A conditional vendee, a trustee under a trust 
receipt and a mortgagor or other person holding an aircraft 
subject to a security interest. 

(g) "Passenger" means any person in, on or boarding 
an aircraft for the purpose of riding therein, or alighting there- 
from following a flight or attempted flight therein. 

(h) "Person" means any individual, firm, co-partner- 
ship, association, or corporation, public or private, including 
his or its successors, assignees, or legal representatives. 

(i) "Registration" means a certificate of registration of 
aircraft engaged in air navigation in this state, or of operators 



300 Chapter 211 [1955 

thereof, issued by the agency pursuant to the laws of this 
state. 

(j) "Notification" means notice in writing served upon 
a person by either: 

(1) Actual delivery or offer of delivery to such person 
by any adult individual whose rights are not affected by the 
proceeding involved ; or 

(2) Registered mail addressed to the person at the 
last address known to the agency. 

(k) "State" means any state, the District of Columbia, 
any territory or possession of the United States and the 
Commonwealth of Puerto Rico. 

(1) "Claimant" means any person having a claim for 
damages as the result of an accident within this state involving 
an aircraft. 

2. Agency to Administer Act; Petition for Review. 

(a) The agency shall administer and enforce the pro- 
visions of this act and may make rules and regulations neces- 
sary for its administration which shall become effective ten 
days after the filing thereof with the secretary of state. 

(b) The agency shall provide for hearings upon request 
of any person who may be affected by its orders or acts under 
the provisions of this act and may provide for a stay thereof 
until a hearing may be had. 

(c) Any person aggrieved by any order or act of the 
agency hereunder, may have judicial review thereof, by filing 
a petition for a review in the superior court of the county in 
which one of the parties resides, and if both plaintiff and de- 
fendant are non-residents, then in the county where the acci- 
dent occurred, within thirty days after the order or act be- 
comes final. The agency shall transmit to the court the original 
or a certified copy of the entire proceedings under review, in- 
cluding a transcript of any oral testimony taken at the hear- 
ing, at the cost of the appellant. By order of court or by 
stipulation of all parties to this petition, the record may be 
shortened by the elimination of any portion thereof. The filing 
of the petition shall not suspend the order or act unless a stay 
thereof shall be allowed by the court pending final determina- 
tion of the review. The court may, in disposing of the issues 
before it, affirm, modify or reverse the order or act of the 



1955] Chapter 211 301 

agency in whole or in part and may enter its own order or 
may reverse and remand the cause for further proceedings by 
the agency. The court shall summarily hear the petition. 

3. Report Required Following Accident. 

(a) The operator of any aircraft involved in an acci- 
dent within this state in which any person is killed or injured 
or damage in excess of one hundred dollars is sustained to the 
property of any person, other than property owned by the 
owner or operator or in his care, custody or control or carried 
in or on the aircraft, shall immediately but not later than 
forty-eight hours after the accident report the matter in writ- 
ing to the agency. If the operator is physically incapable of 
making the report, the owner of the aircraft involved in the 
accident shall immediately but not later than forty-eight hours 
after learning of the accident, make the report. If neither the 
operator nor the owner is physically capable of making the re- 
port, then each passenger shall, within ten days after learning 
of the incapacity of the operator or owner, make the report. 
If the owner or operator dies as a result of the accident, the 
legal representative of the operator or owner shall make the 
report within ten days after his qualification. The sheriff of 
the county in which the accident occurred shall notify the 
agency thereof in writing immediately but not later than 
forty-eight hours after learning of the accident. 

(b) The report, the form of which shall be prescribed 
by the agency, shall include information to enable the agency 
to determine whether the requirements for the deposit of 
security under section 4 are inapplicable by reason of existence 
of insurance or other exceptions specified in this act. The agency 
may rely upon the accuracy of the information until it has 
reason to believe that the infoiTnation is erroneous. 

(c) The operator and the owner shall furnish such 
additional information as the agency may require. 

4. Security Required; Suspension; Exceptions. 

(a) As promptly as practicable but not later than thirty 
days after receipt of an accident report as required in section 3, 
the agency shall determine by an order entered of record (1) 
the amount of security within the limits specified in section 5, 
which it deems sufficient to satisfy any judgment for damages 
resulting from the accident which may be recovered against 



302 Chapter 211 [1955 

each owner or operator, and (2) the name and address of each 
claimant. 

(b) As promptly as practicable but not later than 
thirty days after the entry of the order required by subsection 
(a) of this section the agency, unless there is deposited for the 
benefit of the owner or operator or both, as the case may be, 
security in the sum so determined by the agency, upon ten days 
notification shall suspend : 

(1) If the owner is a resident, the registration of the 
owner and the registration of all aircraft owned by him; 

(2) If the owner is a non-resident, the non- 
resident's operating privilege of the owner and of all aircraft 
owned by him; 

(3) The registration or non-resident's operating 
privilege of the operator. 

(c) The requirements as to security and suspension do 
not apply : 

(1) To the operator or the owner of the aircraft if 
the agency determines upon satisfactory evidence that he is 
not charged with responsibility for the accident by the claim- 
ants, or to the operator of an aircraft involved in an accident 
in which no injury was caused to the person of any one other 
than the operator, and no damage in excess of one hundred 
dollars was caused to property not owned, rented, occupied or 
used by such operator nor in his care, custody or control nor 
carried in or on the aircraft ; 

(2) To the operator or owner of an aircraft if at 
the time of the accident the aircraft was stationary, without 
passengers thereon or boarding the aircraft or alighting there- 
from and the aircraft was parked in an area legally used for 
aircraft parking with no engine running nor in the process of 
being started; 

(3) To the owner of an aircraft if at the time of the 
accident the aircraft was being operated, or was parked, with 
out his permission, expressed or implied ; 

(4) To the owner if there is in effect at the time of 
the accident an aircraft liability policy with respect to the air- 
craft involved in the accident; 

(5) To the operator, if not the owner of the air- 
craft, if there is in effect at the time of the accident an air- 



1955] Chapter 211 303 

craft liability policy with respect to his operation of the air- 
craft involved in the accident ; 

(6) To the operator or owner if his liability for 
damages resulting from such accident is covered by any other 
form of liability insurance policy in effect at the time of the 
accident ; 

(7) To any person qualifying as a self-insurer under 
section 7, or to any person operating an aircraft for the self- 
insurer for whose acts the self-insurer is legally responsible ; 
nor 

(8) After there is filed with the agency satisfactory 
evidence that the person otherwise required to deposit security 
has (i) been released from liability, or (ii) been adjudicated 
not to be liable by judgment, or (iii) executed a written agree- 
ment with all claimants providing for payment of an, agreed 
amount with respect to all claims for injuries or damages re- 
sulting from the accident. 

(d) The requirements as to suspension may be waived 
by the agency, in its discretion, if there is filed with the agency 
by all claimants consent in wi-iting that the person hereunder 
chargeable be allowed continuing operating privilege. If such 
waiver is granted by the agency, it shall continue for six 
months from the date of the consent and thereafter unless the 
consent is revoked in writing. 

(e) The agency may take the actions authorized hereby 
or may modify or rescind the same at any time necessary to 
carry out the provisions of this act upon ten days' notification 
of the persons affected thereby. 

5. Requisites of Policy. 

(a) A policy is not effective under section 4 unless: 

(1) Issued by an insurer or surety company 
authorized to do business in this state ; or 

(2) Issued by an insurer or surety company not 
authorized to do business in this state found by the agency to 
afford adequate protection and which has filed or shall file with 
the agency a power of attorney authorizing the agency to 
accept service on its behalf of notice or process in any action 
upon the policy arising out of such accident. 

(3) If the accident results in bodily injury to or 
death of a person not a passenger, the policy provides coverage 



304 Chapter 211 [1955 

of not less than ten thousand dollars because of bodily injury 
to or death of one person in any accident and twentj'^ thousand 
dollars because of bodily injury to or death of two or more 
persons in any one accident. 

(4) If the accident involves an aircraft being operated 
for hire and the accident results in bodily injury to or death 
of a passenger, the policy provides coverage of not less than 
ten thousand dollars because of bodily injury to or death of 
one person in any one accident and not less than ten thousand 
dollars multiplied by the number of passenger-seats in the air- 
craft because of bodily injury to or death of two or more per- 
sons in any one accident. 

(5) If the accident involves an aircraft not being 
operated for hire and the accident results in bodily injury to or 
death of a passenger, the policy provides coverage of not less 
than ten thousand dollars because of bodily injury to or death 
of one person in any one accident and not less than ten thou- 
sand dollars multiplied by the number of passenger-seats in 
the aircraft because of bodily injury to or death of two or more 
persons in any one accident. 

(6) If the accident results in damage to or de- 
struction of property, the policy provides coverage of not less 
than five thousand dollars because of damage to or destruction 
of property in any one accident with the exception of the 
following property which is exempted from the security re- 
quired under this act: property owned, rented, occupied or 
used by, or in the care, custody or control of the owner or 
operator or carried in or on the aircraft. 

(b) The policy need not cover: 

(1) Any liability on account of bodily injury to or 
death of any employee of the owner or operator while the em- 
ployee is engaged in the duties of his employment ; or 

(2) Any obligation for which the owner or operator 
or his insurer may be held liable under any workmen's compen- 
sation law. 

6. Duration of Suspension. Registrations or non-resi- 
dent's operating privilege suspended as provided in section 4 
shall not be restored or renewed with respect to the aircraft 
involved in or the owner or operator liable for the accident 
until : 



1955] Chapter 211 305 

(a) Security is deposited as required under section 4 ; or 

(b) One year shall have elapsed following the date of 
such suspension and satisfactory evidence is filed with the 
agency that during such period no action for damages arising 
out of the accident has been instituted ; or 

(c) Satisfactory evidence is filed with the agency of a 
release from liability, or a judgment of non-liability as to all 
persons damaged or injured in the accident, or a written agree- 
ment, in accordance with (8) of subsection (c) of section 4. If 
there is a default in payment under such written agreement, 
then upon ten days' notification of the owner or operator, the 
agency shall suspend the registration or non-resident's 
operating privilege of such person defaulting and the same 
shall not be restored unless and until (1) such person deposits 
and thereafter maintains security as required under section 4 
in such amount as the agency may then determine, within the 
limits herein provided, or (2) one year has elapsed following 
the time when such security was required and during such 
period no action upon the agreement has been instituted in a 
court of this state ; or 

(d) Satisfactory evidence is filed with the agency that 
any judgment against such person for damages resulting from 
the accident has been satisfied in full or that there has been 
paid thereon an amount equal to the applicable limits set forth 
in section 5; or 

(e) Written consent thereto has been filed with the 
agency by all claimants and the same is approved by the agency 
in its discretion. 

7. Self -Insurer, (a) Any person may at any time apply 
to the agency for a certificate of self -insurance, whether or not 
there has occurred an accident as a result of which he might 
be affected by some other provision of this act. 

(b) The agency may in its discretion issue a certificate 
of self -insurance when satisfied that the applicant is possessed 
and will continue to be possessed of ability to pay judgments 
against him within the limits provided in this act. 

(c) Upon not less than ten days' notification of a self- 
insurer the agency may for reasonable cause cancel a certifi- 
cate of self-insurance and shall cancel such certificate upon 
failure to pay any judgment within thirty days. 



306 Chapter 211 [1955 

8. Application to Non-residents, Unregistered Aircraft 
and Accidents in Other States, (a) In case the operator or 
owner of an aircraft involved in an accident within this state 
has no certificate of registration, or is a non-resident, he shall 
not be allowed a certificate of registration or a non-resident's 
operating privilege, as the case may be, until he has complied 
with the requirements of this act. 

(b) When a non-resident's operating privilege is 
suspended pursuant to section 4 or section 6, the agency shall 
transmit a certified copy of the record of such action to the 
official or department regulating the operation of aircraft in 
the state in which the non-resident resides, if the law of the 
other state provides for action in relation thereto, similar to 
that provided for in subsection (c) of this section. 

(c) Upon receipt of a certification that the operating 
privilege of a resident of this state has been suspended or re- 
voked in any other state pursuant to a law providing for its 
suspension or revocation for failure to deposit security for the 
payment of judgments arising out of an aircraft accident, 
under circumstances which would require the agency to 
suspend a non-resident's operating privilege had the accident 
occurred in this state, the agency upon ten days' notification 
shall suspend his registration if he was the operator of an air- 
craft involved in the accident, or if he was the owner of an 
aircraft involved in the accident and was legally responsible 
for its operation. The suspension shall continue until the resi- 
dent furnishes evidence of his compliance with the security re- 
quirements of the law of the other state. 

9. Form and Amount of Security, (a) The security re- 
quired under this act shall be in such form and in such amount 
as the agency may require but in no case in excess of the limits 
specified in section 5 with reference to the limits of a policy. 
If at the time of the accident there is in effect a liability policy 
meeting the requisites of this act other than amount of cover- 
age set forth in section 5, the agency may consider such policy 
in fixing the amount of security. The person depositing 
security shall specify in writing the person or persons on 
whose behalf the deposit is made and, at any time while such 
deposit is in the custody of the agency or the state treasurer 
the person depositing it may, upon approval of the agency, 
amend in writing the specification of the person or persons on 



1955] Chapter 211 307 

whose behalf the deposit is made to include an additional per- 
son or persons; provided, however, that a single deposit of 
security shall be applicable only on behalf of persons required 
to furnish security because of the same accident. Interest and 
other income upon securities deposited as herein provided shall 
be paid or inure to the benefit of the person making the de- 
posit. 

(b) Upon ten days' notification of the parties concerned, 
the agency may reduce, or, within the limits specified in sec- 
tion 5, increase the amount of security ordered in any case if 
in its discretion the amount ordered is excessive or insufficient. 
In case the security originally ordered has been deposited, the 
excess shall be returned to the depositor notwithstanding the 
provisions of section 10. Substitution of security shall be per- 
mitted. 

10. Custody, Disposition and Return of Security. 

Security deposited in compliance with the requirements of this 
act shall be delivered to the agency and shall be placed by the 
agency in the custody of the state treasurer and shall be re- 
leased only: 

(a) Upon certificate of the agency in the payment of a 
judgment rendered against the person or persons on whose be- 
half the deposit was made, for damages arising out of the 
accident in a civil action, begun not later than one year after 
the date of the accident or within one year after the date of 
deposit of any security under subsection (c) of section 6 or in 
the payment of a settlement, agreed to by the depositor and all 
the claimants, of a claim or claims arising out of the accident. 

(b) Upon certificate of the agency issued after ten 
days' notification of all claimants upon evidence satisfactory 
to the agency that all claims arising from such accident have 
been satisfied by either (1) a release from liability, or (2) a 
judgment of non-liability, or (3) a written agreement in 
accordance with (8) of subsection (c) of section 4, or when- 
ever, after the expiration of one year from the time of the 
accident or from the date of deposit of any security under sub- 
section (c) of section 6, the agency is given satisfactory 
evidence that there is no such action pending and that no judg- 
ment rendered in any such action is unpaid. 



308 Chapter 211 [1955 

(c) Upon the certificate of the agency that other 
security complying with subsection (a) of section 9 and satis- 
factory in form, character and amount, has been deposited with 
it in lieu of the original security deposited hereunder. 

11. Matters not to be Evidence in Civil Suits or Criminal 
Proceedings. The records of and proceedings before the 
agency and the state treasurer shall be inadmissible in evidence 
and shall not be referred to at the trial of any civil action or 
criminal proceeding. Subject to the foregoing provisions, the 
agency shall," upon written request, make available to persons 
whose legal rights may be affected thereby, information and 
material developed in the course of its administration of this 
act. 

12. Transfer of Registration to Defeat purpose of Act 
Prohibited. No transfer of registration of aircraft of which 
the owner's registration has been suspended hereunder, shall 
be deemed valid or accepted by the agency, unless the trans- 
feror or transferee demonstrates to the satisfaction of the 
agency that the transfer of registration is the result of a bona 
fide transaction of purchase and sale, and not for the purpose, 
or with the effect, of defeating the purposes of this act. 
Nothing in this section shall affect the rights of any lessor or 
conditional vendor, chattel mortgagee, or other person holding 
a security interest in any aircraft registered in the name of an- 
other as owner who becomes subject to the provisions of this 
act. 

13. Surrender of Registration. Any person whose regis- 
trations are suspended as herein provided shall immediately 
surrender or return his registration certificates to the agency, 
until such time as the registrations are restored by the agency. 
If such person fails or refuses to surrender or return the 
registration certificates to the agency, the agency shall forth- 
with issue an order directing any police officer or law enforce- 
ment officer of the state to secure possession thereof and de- 
liver the same to the agency. 

14. Other Violations; Penalties, (a) Any owner or 
operator who knowingly refuses or fails to make any report 
of an accident as required in section 3 shall be guilty of a mis- 
demeanor and upon conviction shall be fined not more than one 



1955] Chapter 211 309 

hundred dollars; and if any person is killed or injured in such 
accident, the agency shall in addition suspend the registration 
or non-resident's operating privilege of the person failing to 
make such report, until such report is filed and for such further 
period not to exceed thirty days as the agency may fix. 

(b) Any owner or operator who knowingly makes a 
false statement or representation of a material fact in a report 
to or written instrument filed with the agency shall be guilty 
of a misdemeanor and upon conviction shall be fined not more 
than five hundred dollars, or imprisoned for not more than 
ninety days, or both. 

(c) Any owner or operator whose registration or non- 
resident's operating privilege has been suspended or revoked 
under this act and who, during such suspension or revocation, 
operates any aircraft in this state, or knowingly permits any 
aircraft owned by such person to be operated by another in 
this state, except as permitted under this act, shall be guilty 
of a misdemeanor and upon conviction shall be fined not more 
than five hundred dollars, or imprisoned not more than six 
months, or both. 

(d) Any owner or operator willfully failing to return 
his registrations as required in section 13 shall be guilty of a 
misdemeanor and upon conviction shall be fined not more than 
five hundred dollars, or imprisoned not to exceed thirty days, 
or both. 

15. Non- Applicability. This act shall not apply to: 

(a) Any aircraft owned or operated by or leased to and 
subject to the sole control of the United States or any civil or 
military agency of the United States or of the District of 
Columbia, the Commonwealth of Puerto Rico or any territory 
or possession of the United States ; 

(b) Any aircraft owned and operated by or leased to 
and subject to the sole control of this or any other state or 
agency thereof or any political subdivision or municipality of 
this or any other state; 

(c) Any aircraft owned and operated by or leased to 
and subject to the sole control of any foreign country or any 
civil or military agency thereof or any political subdivision or 
municipality thereof; 



310 Chapter 211 [1955 

(d) Any aircraft owned or being operated by a public 
air carrier engaged principally in regularly scheduled inter- 
state or foreign air transportation for hire under either a 
federal certificate of public convenience and necessity or under 
a letter of registration or exemption order issued by the Civil 
Aeronautics Board or its successor. 

16. Act Not Retroactive. This act shall not apply with 
respect to any accident occurring prior to the effective date of 
this act. 

17. Act Not to Prevent Other Process. Nothing in this 
act shall be construed as precluding any party in any action or 
proceeding from employing other processes provided by law. 
Nothing in this act shall be construed as precluding the utili- 
zation by the agency of the injunctive or other process of the 
courts in aid of the enforcement of this act. 

18. Service of Process, (a) The operation of an aircraft 
on the land or waters of or in the air over this state shall be 
deemed an appointment by the owner or operator of the 
director of aeronautics, or his successor in office to be his true 
and lawful attorney upon whom may bs served all legal process 
in any action or proceeding against him, arising from the own- 
ership, maintenance, use or operation of such aircraft and re- 
sulting in damage or loss to person or property, and said use 
or operation shall be signification of their agreement that any 
such process against him which is so served, shall be of the 
same legal force and validity as though served upon him per- 
sonally, provided such person is a non-resident of this state 
or at the time a cause of action arises is a resident of this state 
but subsequently becomes a non-resident of this state. 

(b) Service of such process shall be made by leaving a 
copy thereof with a fee of two dollars in the hands of the 
director or in his office, and such service shall be sufficient, 
provided that notice thereof and a copy of this process are 
forthwith sent by registered mail by the plaintiff or his 
attorney to the defendant, and the defendant's return receipt 
and the affidavit of the plaintiff or his attorney of compliance 
therewith are appended to the writ and entered therewith. In 
the event that the notice and copy of the process are not de- 



1955] Chapter 211 311 

livered to the defendant the superior court may order such 
additional notice, if any, as justice may require. 

(c) Record of Processes. The director shall keep a 
record of all such processes, which shall show the day and hour 
of service. 

(d) Continuance of Action ; Costs. The court in which 
the action is pending may order such continuances as may be 
necessary to afford the defendant reasonable opportunity to 
defend the action. The fee of two dollars paid to the director 
by the plaintiff at the time of the service shall be taxed in his 
costs if he prevails in his suit. 

19. Discharge in Bankruptcy. A discharge in bank- 
ruptcy shall not relieve any person from the requirements of 
this act. 

20. Use of Singular or Plural. The singular includes 
the plural and the plural includes the singular; the masculine 
includes the feminine and neuter, as requisite. 

21. Uniformity of Interpretation. This act shall be so 
interpreted and construed as to effectuate its general purpose 
to make uniform the laws of those states which enact it. 

22. Saving Clause. If any part or parts of this act shall 
be held to be invalid, such invalidity shall not affect the 
validity of the remaining parts of this act. The legislature here- 
by declares that it would have passed the remaining parts of 
this act if it had known that such part or parts thereof would 
be declared invalid. 

23. Title of Act. This act may be cited as the Uniform 
Aircraft Financial Responsibility Act. 

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

[Approved June 21, 1955.] 



312 Chapter 212 [1955 

CHAPTER 212. 

an act relative to the construction of a new library 

building and the remodelling of the present library 

building for instructional purposes 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 one million five hundred 
thousand dollars is hereby appropriated for the purpose of 
constructing, furnishing, and equipping a new library building 
and remodelling the present library building for instructional 
purposes at the University of New Hampshire. The appropri- 
ation 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. All contracts for the pur- 
chase of equipment and the construction of all or any part of 
the new building and the remodelling of the present building 
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 order 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 
one million five hundred thousand dollars. 

3. State Bonds or Notes. The governor, upon receipt of a 
request from the board of trustees of the university, and by 
and with the consent of the council, may direct the state treas- 
urer to borrow upon the faith and credit of the state a sum not 
exceeding one million five hundred thousand dollars for the 
purpose of carrying into effect the provisions of this act, and 
for said purpose may issue bonds in the name and on behalf 
of the state at a rate of interest to be determined by the gover- 
nor and council, but in no case shall they be later than twenty 
years from the date of issue. The bonds shall be in such form 
and denomination as the governor and council shall determine. 



1955] Chapter 212 313 

may be registerable as to both principal and interest, shall be 
countersigned by the governor and shall be deemed a pledge of 
the faith and credit of the state. The secretary of state shall 
keep an account of all such bonds showing the number and 
amount of each, the time of countersigning, the date of delivery 
to the state treasurer and the date of maturity. The state 
treasurer shall keep an account of each bond showing the num- 
ber thereof, the name of the person to whom sold, the amount 
received from the same, the date of the sale and the date of 
maturity. 

4. Short Term Notes. Prior to the issuance of the bonds 
hereunder, the state treasurer, with the approval of the gov- 
ernor 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 bonds 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 five hundred thou- 
sand dollars. 

5. Sale of Bonds or Notes. All notes or bonds, except short 
term loans, issued under the provisions of this act shall be 
sold (1) at public sealed bidding, (2) only after an advertise- 
ment calling for bids has been published at least once in each 
of two successive calendar weeks in a newspaper of general 
circulation in New Hampshire and in a financial publication of 
national circulation, the first publication being not less than 
thirty days prior to the day the bids will be received, and (3) 
to the highest bidder. The governor and council may reject any 
or all bids, and/or negotiate with the highest responsible bid- 
der. The proceeds from the sale of such bonds shall be held by 
the state treasurer and paid out by him upon warrants drawn 
by the governor for the purposes of this act alone and the gov- 
ernor, with the advice and consent of the council, shall draw 
his warrant for the payment from the funds provided by this 
act of all sums expended or due for the purposes herein author- 
ized. All interest from such bonds shall be exempt from tax- 
ation within the state. 

6. Liquidation. The state treasurer is authorized to de- 
duct from the fund accruing to the university under section 18, 
chapter 222 of the Revised Laws, as amended, for each fiscal 
year such sum or sums as may be necessary to meet interest 



314 Chapters 213, 214 [1955 

and principal payments in accordance with the terms and 
conditions of the bonds or notes issued under the authority of 
this act for the purposes herein stated. 

7. Takes Effect. This act shall take effect on April 1, 1956. 
[Approved June 21, 1955.] 



CHAPTER 213. 

AN ACT RELATIVE TO LOANS OF CREDIT UNIONS. 

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

1. Credit Unions. Amend section 17 of chapter 315, Re- 
vised Laws, as amended by section 1, chapter 26, Laws of 1949 
and section 1, chapter 145, Laws of 1953 (section 17, chapter 
394, RSA) by striking out said section and inserting in place 
thereof the following: 17. Use of Funds. While awaiting 
calls of its members for loans, it may deposit its money in any 
savings banks, trust company, federal savings and loan asso- 
ciation, or national bank in this state, or, by majority vote of 
the board of directors and with the approval of the commis- 
sioner, in any savings bank, trust company, federal savings 
and loan association, or national bank in New England or, with 
like vote and approval, may make loans to other credit unions 
chartered under the laws of this state provided that the lend- 
ing credit union has assets of one hundred thousand dollars or 
more. It may invest any surplus funds in obligations of the 
United States government or of the government of Canada 
and its provinces. 

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

[Approved June 21, 1955.] 



CHAPTER 214. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS. 

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

1. Definition of Terms. L Amend paragraph XIV of sec- 



1955] Chapter 214 315 

tion 1 of chapter 310 of the Revised Laws as inserted by chap- 
ter 195, Laws of 1953 (paragraph XIV of section 1, chapter 387, 
RSA) by inserting after the words "section 4" where they 
appear therein the words, and in section 5, so that said para- 
graph XIV as amended shall read as follows: XIV. Partici- 
pating Lender: Any bank, banking and trust company, 
national bank or insurance company or fraternal benefit society 
participating in or holding a part interest in a legal investment 
as defined in paragraphs I, I-A, I-B, II and IV of section 4 and 
in section 5 of this chapter. 

II. Further amend said section 1 by inserting after the 
words "section 4" where they appear in paragraph XV there- 
of the words, and in section 5, so that said paragraph XV as 
amended shall read as follows: XV. Participating Loan: 
Any loan made by each of several savings banks, banking and 
trust companies, national banks or insurance companies or 
fraternal benefit societies participating severally with an 
originating lender in, and having a part interest in, a legal in- 
vestment as described in paragraphs I, I-A, I-B, II and IV, 
section 4 and in section 5 of this chapter. 

III. Further amend said section 1 by inserting immedi- 
ately after paragraph XVIII thereof the following new para- 
graphs: XVIII (a). Total Capital: The sum of (1) the 
aggregate principal amount of the outstanding funded debt, 

(2) the aggregate amount of par or stated capital represented 
by all outstanding preferred and common stock including 
premiums, if any, on such preferred and common stock and 

(3) surplus accounts. XVIII (b). Funded Debt: All inter- 
est bearing obligations having a maturity of more than one 
year from their dates of issue. 

2. Legal Investments; Public Obligations, other Municipali- 
ties of the United States or Canada. Amend paragraph IV of 
section 6, chapter 310 of the Revised Laws (paragraph IV of 
section 6, chapter 387, RSA) by striking out said paragraph 
IV and inserting in place thereof the following: IV. Other 
Municipalities of the United States or Canada. The author- 
ized bonds and notes of any municipality with a population of 
fifty thousand inhabitants of any other states or territories of 
the United States, other than those specified in paragraph III, 
or of the Dominion of Canada, the net indebtedness of which 



316 Chapter 214 [1955 

municipality does not exceed seven per cent of its assessed 
valuation. 

3. Legal Investments; Railroads, Bonds and Notes. Amend 
paragraph I of section 7 of chapter 310 of the Revised Laws as 
inserted by chapter 195, Laws of 1953 (paragraph I of section 
7, chapter 387, RSA) by striking out subparagraph (c) (1) 
thereof and inserting in place thereof the following: (1) Fixed 
charges coverage, as hereinafter defined, shall be at least equal 
to one and one quarter and at least equal the average of all 
Class I railroads combined, exclusive of switching and terminal 
companies; and 

4. Legal Investments; Utility Companies, Funded Debt 
Obligations. Amend paragraph I of section 8, chapter 310 of 
the Revised Laws as inserted by chapter 195, Laws of 1953 
(paragraph I of section 8, chapter 387, RSA) by striking out 
subparagraph (c) thereof and inserting in place thereof the 
following new subparagraph (c) : (c) In at least three of the 
four years next preceding such investment the net income 
available for interest shall be at least two times all interest 
paid during such years; and 

Further amend said paragraph I by striking out the last two 
sentences of subparagraph (d) thereof so that said sub- 
paragraph (d) as amended shall read as follows: (d) The 
obligation of the company to pay interest on the funded debt 
obligation is fixed and absolute subject only to laws of general 
application affecting the rights and remedies of mortgagees and 
creditors. 

5. Legal Investments; Utility Companies, Common Stock. 

Amend paragraph III of section 8 of chapter 310 of the Re- 
vised Laws as inserted by chapter 195, Laws of 1953 (para- 
graph III, section 8, chapter 387, RSA) by striking out sub- 
paragraph (a) thereof and inserting in place thereof the 
following: (a) All funded debt obligations, if any, and all 
preferred stock, if any, senior to such stock are legal invest- 
ments hereunder; and 

6. Legal Investments; Water Companies, Bonds. Amend 
paragraph I of section 9, chapter 310 of the Revised Laws as 
inserted by chapter 195, Laws of 1953 (paragraph I of section 
9, chapter 387, RSA) by striking out the words "available for 



1955] Chapter 214 317 

interest, after all taxes," where they appear in subparagraph 
(c) thereof so that said subparagraph (c) as amended shall 
read as follows: (c) In at least three of the four years next 
preceding such investment the net income shall be at least two 
times interest obligations; and 

7. Legal Investments; Telephone and Telegraph Companies, 
Preferred Stock. Amend paragraph 11 of section 10 of chap- 
ter 310 of the Revised Laws, as inserted by chapter 195, Laws 
of 1953 (paragraph II, section 10, chapter 387, RSA) by strik- 
ing out the words "after all taxes," from subparagraph (b) so 
that said subparagraph (b) as amended shall read as follows : 
(b) The net income available for interest and dividends on 
such stock shall be at least two times interest obligations and 
dividend requirements on such preferred stock; and 

8. Legal Investments; New Hampshire Companies, Bonds 

and Notes. Amend paragraph I of section II of chapter 310 
of the Revised Laws as inserted by chapter 195, Laws of 195'' 
(paragraph I of section 11, chapter 387, RSA) by striking out 
subparagraph (b) and inserting in place thereof the follow- 
ing: (b) In at least four of the five years next preceding the 
date of investment, the net income of such company shall have 
been not less than twice interest obligations. 

9. Legal Investments; Industrial Securities; Bonds and 
Notes. Amend paragraph I of section 15 of chapter 310 of the 
Revised Laws as inserted by chapter 195, Laws of 1953 (para- 
graph I, section 15, chapter 387, RSA) by striking out that 
portion of said paragraph I that precedes the colon and in- 
serting in place thereof the following: I. Bonds and Notes. 
All obligations issued, assumed or guaranteed by industrial 
companies having a date of maturity not more than thirty 
years from the date of investment, provided: 

Further amend said paragraph I by striking out the word 
"corporation" wherever it appears therein and inserting in 
place thereof the word "company," so that said paragraph I 
as amended shall read as follows : 

I. Bonds and Notes. All obligations issued, assumed or 
guaranteed by industrial companies having a date of maturity 
not more than thirty years from the date of investment, pro- 
vided : 

(a) Such company shall have had in the five years next 



318 Chapter 214 [1955 

preceding investment an average gross income of at least ten 
million dollars and average net income available for dividends 
of at least one million dollars ; and 

(b) The debt of such company, including current liabili- 
ties at the end of the year next preceding such investment, 
shall not exceed fifty per cent of the gross assets less all re- 
serves; and 

(c) The net working capital of such company shall be 
at least two times the total bonds and/or debentures at the end 
of the year next preceding investment; and 

(d) Such company shall, in the five years next preced- 
ing investment (1) have earned the interest charges on its en- 
tire debt an average of at least four times, and (2) in no more 
than two of these five years have earned such interest charges 
only two times, and (3) in the year next preceding investment 
have earned such interest charges at least three times. 

10. Other Legal Investments. Amend section 16 of chap- 
ter 310 of the Revised Laws as inserted by chapter 195, Laws 
of 1953 (section 16, chapter 387, RSA) by adding after para- 
graph IV thereof the following new subparagraph V: V. 
Securities of the Federal National Mortgage Association. 
Capital stock or obligations issued by the Federal National 
Mortgage Association. 

11. Participating Loans. Amend section 17 of chapter 310 
of the Revised Laws, as inserted by chapter 195, Laws of 1953 
(section 17, chapter 387, RSA) by striking out said section and 
inserting in place thereof the following: 

17. Participating Loans. Participating loans as defined 
in section 1, paragrapli XV of this chapter, shall be legal in- 
vestments subject to the provisions of this section. 

I. Mortgage Loans. Wherever the loan constitutes an 
interest in a legal investment as described in paragraphs I, I-A, 
I-B, II and IV of section 4 of this chapter, the following re- 
quirements shall be complied with : 

(a) Application and Appraisal. The participating 
lender shall obtain and retain a written loan application by the 
borrower or a copy or summary of borrower's written appli- 
cation to the originating lender, which application or copy or 
summary thereof shall bear the certification of two members 



1955] Chapter 214 319 

of the board of trustees or board of directors of the partici- 
pating lender of the value of the premises to be mortgaged 
according to their best judgment, on the basis of an appraisal 
made by one of their members, or by some officer of the bank or 
some appraiser employed by the bank for the purpose of 
appraising. 

(b) Participation Agreement. The originating 
lender and all participating lenders shall execute a partici- 
pation agreement which shall incorporate : the extent of partici- 
pation 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 
foreclose 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 then currently due such lender. 
In case of any change in the names of or the extent of the 
participation of participating lenders, the participation agree- 
ment shall be amended accordingly. Each participating lender 
shall obtain and retain an executed original or a certified or 
photostatic copy of the participation agreement and any 
amendment thereof. 

(c) Participation Certificates. Each participating 
lender shall obtain and retain a participation certificate from 
the originating 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 originating 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 
or of the extent of the participation of participating lenders, a 
new and substituted participation certificate shall be issued 
to each participating lender. 

(d) Insurance Statement. The originating lender 
shall submit to and each participating lender shall retain a 
certified statement signed by one of the officers of the originat- 
ing lender showing the amount and type of insurance on the 
mortgaged premises. 

II. Collateral and Unsecured Loans. Wherever the 



320 Chapter 214 [1955 

loan constitutes an interest in a legal investment as described 
in section 5 of this chapter, the following requirements shall be 
complied with: 

(a) Participation Agreement. The originating 
lender and all participating lenders shall execute a partici- 
pation agreement which shall incorporate: the extent of 
participation by the originating and participating lenders ; and 
provision that, if the loan shall be in default as to principal 
or interest, the originating lender, upon receipt of written 
notice of desire to withdraw by any participating lender, shall 
forthwith exercise all rights available to realize on any 
collateral held as security for the loan and to collect the loan 
from the borrower or borrowers or pay to such participating 
lender the amount then currently due such lender. 

(b) Participation Certificate. Each participating 
lender shall obtain and retain a participation certificate from 
the originating lender setting 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 originating lender holds a note duly executed by the 
borrower for the full amount of the loan. In case of any change 
in the names of or the extent of the participation of partici- 
pating lenders, a new and substituted participation certificate 
shall be issued to each participating lender. 

(c) Statement of Collateral. The originating lender 
shall submit to and each participating lender shall retain a 
certified statement signed by one of the officers of the origi- 
nating lender showing the amount and nature of any collateral 
held by the originating lender as security for the loan. In case 
of any change in the amount or nature of the collateral, an 
amended statement shall be submitted by the originating 
lender and retained by the participating lenders. 

12. Prudent Investments. Amend section 18 of chapter 
310 of the Revised Laws as inserted by chapter 195, Laws of 
1953 (section 18, chapter 387, RSA) by striking out said sec- 
tion and inserting in place thereof the following: 18. 
Prudent Investments. Not exceeding five per cent of the de- 
posits of a savings bank or the savings department of a bank- 
ing and trust company may be invested, subject to the limita- 
tions expressed in section 3 of this chapter, in securities which 



1955] Chapter 214 321 

are not authorized investments under sections of this chapter 
numbered 6 to 16 inclusive, but which are prudent investments 
for such a bank to make, provided : (a) The bank making such 
investment shall have capital funds equal to at least ten per 
cent of its deposits; and (b) The securities being purchased 
under the authorization of this section do not, when added to 
all other securities then owned by the bank, the purchase of 
which would not then be authorized by the other sections of 
this chapter, exceed five per cent of its deposits. 

13. New Hampshire Real Estate. Amend paragraph I of 
section 4 of chapter 310 of the Revised Laws as inserted by 
chapter 195, Laws of 1953 (paragraph I of section 4, chapter 
387, RSA) by inserting after the word "title" in the forty-first 
line the following: or (3) that portion of any loan or 
obligation which the Small Business Administration has un- 
conditionally agreed to purchase, so that said paragraph as 
amended shall read as follows: L New Hampshire Real 
Estate. Those directly secured by first mortgage on real 
estate situated within this state or within any state contigu- 
ous to this state; but no such investment shall be in a loan 
that exceeds seventy per cent of the value of the real estate 
by which it is secured ; except that investment may be in a loan 
which exceeds seventy per cent but not eighty per cent of the 
value of the real estate by which it is secured, provided that 
ft be secured by a first mortgage on real estate in this state 
containing a dwelling unit for not more than four families, and 
which mortgage shall provide for payment of the note within 
a period of twenty years from the date when the first monthly 
payment shall become due, and the first monthly payment 
shall become due nine months from the date of the note or one 
month from the final disbursement of funds, whichever shall 
first occur, and which payments shall include a proportionate 
share of the amount necessary to pay the real estate and other 
taxes upon such property. No loan on mortgage shall be made 
except upon written application showing the date, name of 
applicant, amount asked for and security oft'ered, and except 
upon report of not less than two members of the board of 
trustees or board of directors, who shall certify on said 
application, according to their best judgment, on the basis of 
an appraisal made by one of their members, or by some officer 
of the bank, or some appraiser employed by the bank for the 



322 Chapter 214 [1955 

purpose of appraisal, the value of the premises to be mort- 
gaged; and such application shall be filed and preserved with 
the records of the corporation. The premises so mortgaged 
shall be revalued in the same manner at intervals of not more 
than five years so long as they are mortgaged to the corpora- 
tion. If at the time of such revaluation the amount of the loan 
is in excess of the percentage of the value of the premises 
mortgaged as allowed above, a sufficient reduction in the 
amount of the loan shall be required, as promptly as may be 
practical, to bring the loan to within the authorized percentage. 
In determining whether any loan exceeds the authorized per- 
centage of the value of the real estate, no consideration shall 
be given to (1) that portion of the obligation which is guaran- 
teed by the Administrator of Veterans' Affairs under Title 
III of the Servicemen's Readjustment Act of 1944, as amended 
from time to time, or (2) an obligation wholly guaranteed 
under such title or (3) that portion of any loan or obligation 
which the Small Business Administration has unconditionally 
agreed to purchase, nor shall any bank be restricted to the 
above authorized percentages on a loan secured by property 
which the borrower is purchasing from the bank. 

14. Other Real Estate. Amend paragraph IV of section 4 
of chapter 310 of the Revised Laws as inserted by chapter 195, 
Laws of 1953 (paragraph I of section 4, chapter 387, RSA) by 
inserting after the word "title" in the sixteenth line the follow- 
ing: or (3) that portion of any loan or obligation which the 
Small Business Administration has unconditionally agreed to 
purchase, so that said paragraph as amended shall read as 
follows: IV. Other Real Estate. Those directly secured by 
first mortgage on real estate situated without this state, but 
entirely within the United States, except as provided in para- 
graph I, which at the time of such investment is improved, 
occupied and productive; and no such investment shall be in a 
loan that exceeds fifty per cent of the value of the real estate 
by which it is secured, unless the loan is further secured by a 
guaranty satisfactory to the commissioner, in which case it 
shall not exceed sixty per cent of the value of the real estate 
by which it is secured. In determining whether any loan ex- 
ceeds the above specified percentages of the value of the real 
estate, no consideration shall be given to (1) that portion of 
the obligation which is guaranteed by the Administrator of 



1955] Chapter 214 323 

Veterans' Affairs under Title III of the Servicemen's Readjust- 
ment Act of 1944 as amended from time to time or (2) an 
obligation wholly guaranteed under such title or (3) that 
portion of any loan or obligation which the Small Business Ad- 
ministration has unconditionally agreed to purchase, nor shall 
any bank be restricted to the above authorized percentages on 
a loan secured by property which the borrower is purchasing 
from the bank. The provisions of this paragraph shall not apply 
to bonds of railroads, utilities, water companies or telephone 
and telegraph companies. No loan or investment shall be made 
under this paragraph upon real estate situated outside of New 
England except through or from an individual, partnership, 
association or corporation duly registered as a dealer in securi- 
ties in this state, nor except upon written application showing 
the date, name of applicant, amount asked for and security 
offered. 

15. Purchase, Sale and Servicing of Loans. Amend chap- 
ter 310 of the Revised Laws as inserted by chapter 195, Laws 
of 1953 (chapter 387, RSA) by inserting after section 21 the 
following new section : 21-a. Purchase, Sale and Servicing of 

Loans. Any savings bank may sell, transfer, assign, purchase 
and repurchase loans authorized by this chapter and may act 
as servicing agent for the collection and application of pay- 
ments due on account of loans owned by others and may em- 
'ploy others to act as servicing agents for the collection and 
application of payments due on account of loans owned by it. 

16. Collateral Loans. Amend section 5 of chapter 310 of 
the Revised Laws as inserted by chapter 195, Laws of 1953 
(section 5, chapter 387, RSA) by inserting after paragraph 
III the following new paragraph : Ill-a. Notes eligible for in- 
surance by the Federal Housing Commissioner, provided a 
contract of insurance exists between the holder and the 
Federal Housing Commissioner as provided in Title I of the 
National Housing Act. 

17. Unsecured Loans. Amend paragraph IV of said sec- 
tion 5 by striking out all after the word "note" in the twelfth 
line so that said paragraph as amended shall read as follows : 
IV. Unsecured. Notes with two or more signers, or one or 
more endorsers, or notes of noncorporate makers whose net 
worth is not less than two hundred and fifty thousand dollars. 



324 Chapter 215 [1955 

No savings bank shall invest under this paragraph, except in 
notes with two or more signers, or one or more endorsers, un- 
less its guaranty fund is full and unimpaired and the total 
value of its assets as determined by the commissioner exceeds 
the amount of its deposits by at least ten per cent. A bank 
which takes under this paragraph a note payable on demand 
shall demand payment of said note not later than one year 
from the date thereof, but may accept a new note in payment 
of such demand note. 

18. Investments of Savings Banks. Limitations. Amend 
paragraph I of section 3 of chapter 310 of the Revised Laws as 
inserted by chapter 195 of the Laws of 1953 (section 3, chap- 
ter 387, RSA) by striking out said paragraph and inserting 
in place thereof the following: L Not exceeding fifteen per 
cent of the capital funds shall be invested in the obligations 
or stock of any individual, partnership or corporation except 
public obligations and loans authorized by paragraphs II and 
III of section 4 of this chapter. Notwithstanding the foregoing 
a bank having deposits of one million five hundred thousand 
dollars or less may invest an amount not exceeding two and 
one-half per cent of said deposits or fifteen per cent of capital 
funds, whichever is greater, in loans authorized by paragraph 
I of section 4 of this chapter. 

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

[Approved June 21, 1955.] 



CHAPTER 215. 



AN ACT RELATIVE TO FEES FOR COUNSEL ASSIGNED BY COURT 
IN CERTAIN CASES. 

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

1. Assignment of Counsel. Amend section 3 of chapter 
428 of the Revised Laws (section 3, chapter 604, RSA) by 
striking out the words "not exceeding one hundred and fifty 
dollars in all at any one trial" and inserting in place thereof 
the words, not to exceed five hundred dollars and reasonable 
expenses, so that said section as amended shall read as follows : 



1955] Chapters 216, 217 325 

3. Counsel Fees. Counsel so assigned by the court shall re- 
ceive reasonable compensation for their services not to exceed 
five hundred dollars and reasonable expenses which shall be 
allowed by the court and paid by the county. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 21, 1955.] 



CHAPTER 216. 

AN ACT RELATIVE TO THE DEFINITIONS OF THE WORD BEVERAGE. 

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

1. Definitions. Amend paragraph II of section 1 of chap- 
ter 170 of the Revised Laws (paragraph II, section 1, chapter 
175, RSA) by striking out said paragraph and inserting in 
place thereof the following: 11. "Beverage," any beer, lager 
beer, ale, porter, wine, similar fermented malt or vinous liquors 
and fruit juices and any other liquid intended for human con- 
sumption as a beverage containing one per cent or more of 
alcohol by volume and not more than six per cent of alcohol 
"by volume at sixty degrees Fahrenheit. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 21, 1955.] 



CHAPTER 217. 



AN ACT RELATIVE TO THE USE OF FLASHING RED LIGHTS OR RED 
BEACONS ON MOTOR VEHICLES. 

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

1. Emergency Motor Vehicles. Amend section 20 of chap- 
ter 119 of the Revised Laws (section 40, chapter 263, RSA) by 
inserting after the word "siren" in the second and sixth lines 



326 Chapter 218 [1955 

the words, or flashing red light, so that said section as amended 
shall read as follows: 20. Emergency Vehicles. A person 
operating an emergency vehicle, as defined in section 6, shall 
not use the siren or flashing red light except when such 
vehicle is being operated in response to an emergency call, or 
in immediate pursuit of an actual or suspected violator of the 
law. An operator of a motor vehicle being operated on the ways 
of this state upon the approach of an emergency motor vehicle 
with its siren or flashing red light in operation shall turn im- 
mediately as far as possible toward the right-hand side of the 
way and shall bring his vehicle to a standstill until such 
emergency vehicle has passed. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 22, 1955.] 



CHAPTER 218. 

AN ACT RELATIVE TO CIVIL DEFENSE. 

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

1. Civil Defense Act. Amend section 5 of chapter 304 of 
the Laws of 1949, as amended by chapter 204, Laws of 1951, 
and chapter 224, Laws of 1953 (chapter 107, RSA) by adding 
at the end thereof the following new paragraph: IX. To 
direct and control pedestrian and vehicular traffic, transporta- 
tion and communication facilities, public utilities and the 
movement and conduct of all persons within the state, during 
practice blackouts, drills, and tests and immediately prior and 
subsequent thereto, provided, however, that, nothing in this 
chapter to the contrary notwithstanding, the power to direct 
and control transportation and communications facilities and 
public utilities during practice blackouts, drills and tests, and 
immediately prior and subsequent thereto, shall not be 
delegable except to such responsible officers or agents of the 
public utilities and transportation or communications systems 
affected as may be designated by the respective presidents or 
vice-presidents thereof. 



1955] Chapter 218 327 

2. Local Organization. Amend section 9 of chapter 304 of 
the Laws of 1949, as amended by chapter 204, Laws of 1951, 
and chapter 224, Laws of 1953 (section 10, chapter 107, RSA) 
by striking out the same and inserting in place thereof the 
following so that said section as amended shall read as follows : 
9. Local Organization for Civil Defense, (a) Each political 
subdivision of the state is authorized to and shall establish a 
local organization for civil defense in accordance with the 
state civil defense plan and program. Each local organization 
for civil defense shall have a local director who shall be 
appointed and removed with or without cause by the city 
council of a city or board of selectmen of a town, and who shall 
have direct responsibility for the organization, administration 
and operation of such local organization for civil defense, sub- 
ject to the direction and control of such city council or select- 
men. The city council of a city or board of selectmen of a town 
may appoint one of their own members or any other citizen 
or official to act as director. If a local director is removed by a 
city council of a city or board of selectmen of a town, the state 
director shall be notified immediately. Each local organization 
for civil defense shall perform civil defense functions within 
the territorial limits of a political subdivision within which it is 
organized, and, in addition, shall conduct such functions out- 
side of such territorial limits as may be required pursuant to 
the provisions of section 8 of this chapter, (b) Until a local 
director has been appointed, the mayor of such city or chair- 
man of the board of selectmen of such town shall be directly 
responsible for the organization, administration and operation 
of such local organization for civil defense, and the governor 
and council by formal action shall notify said mayor or chair- 
man accordingly, (c) In carrying out the provisions hereof 
each political subdivision, in which any disaster is described in 
section 2 hereof occurs, shall have the power to enter into con- 
tracts and incur obligations necessary to combat such disaster, 
protecting the health and safety of persons and property, and 
providing emergency assistance to the victims of such disaster. 
Each political subdivision is authorized to exercise the powers 
vested under this section in the light of the exigencies of the 
extreme emergency situation without regard to time-consum- 
ing procedures and formalities prescribed by law (excepting 
mandatory constitutional requirements) pertaining to the per- 



328 Chapter 218 [1955 

formance of public work, entering into contracts, the incurring 
of obligations, the employment of temporary workers, the 
rental of equipment, the purchase of supplies and materials, 
and the appropriation and expenditure of public funds. 

3. Administration of Loyalty Oath. Amend section 16 of 
chapter 304 of the Laws of 1949, as inserted by chapter 224, 
Laws of 1953 (section 17, chapter 107, RSA) by adding at the 
end thereof the following : For the purposes of administering 
the foregoing loyalty oath, the state director of civil defense 
and such local and state civil defense officials as may be desig- 
nated by him in writing are authorized to administer said oath 
in this state to persons appointed to serve in any organization 
for civil defense ; so that said section as amended shall read as 
follows: 16. Civil Defense Personnel. No person shall be 
employed or associated in any capacity in any civil defense 
organization established hereunder who advocates or has ad- 
vocated a change by force or violence in the constitutional form 
of the government of the United States or in this state or the 
overthrow of any government in the United States by force 
and violence, or who has been convicted of or is under indict- 
ment or information charging any subversive act against the 
United States. Each person who is appointed to serve in an 
organization for civil defense shall, before entering upon his 
duties, take an oath, in writing, before a person authorized to 
administer oaths in this state, which oath shall be as follows : 
"I .... do solemnly swear (or affirm) that I will support and 
defend the constitution of the United States, and the consti- 
tution of the state of New Hampshire, against all enemies, 
foreign and domestic ; that I will bear true faith and allegiance 
to the same; that I take this oath freely, without any mental 
reservation or purpose of evasion ; and that I will well and faith- 
fully discharge the duties upon which I am about to enter. And 
I do further swear (or affirm) that I do not advocate, nor am 
I a member of any political party or organization that advocates 
the overthrow of the government of the United States or of 
the state of New Hampshire by force or violence; and that 
during such time as I am a member of the State Civil Defense 
Agency, I will not advocate nor become a member of any 
political party or organization that advocates the overthrow of 
the government of the United States or of the state of New 
Hampshire by force or violence." For the purposes of adminis- 



1955] Chapter 218 329 

tering the foregoing loyalty oath, the state director of civil de- 
fense and such local and state civil defense officials as may be 
designated by him in writing are authorized to administer said 
oath in this state to persons appointed to serve in any organ- 
ization for civil defense. 

4. Auxiliary Police, Powers of Arrest. Amend section 19 
of chapter 304, of the Laws of 1949, as inserted by chapter 224, 
Laws of 1953 (section 19, chapter 107, RSA) by adding at the 
end thereof the words : For purposes of this act civil defense 
auxiliary police, state and local, during emergencies and during 
drills and tests and when wearing or exhibiting their uniform, 
badge or other insignia of authority, shall have the same 
authority to make arrests as provided herein for peace 
officers, so that said section as amended shall read as follows: 
19. Arrest Without Warrant. A peace officer, when in full 
and distinctive uniform or displaying a badge or other insignia 
of authority, may arrest without a warrant any person violat- 
ing or attempting to violate in such officer's presence any order, 
rule, or regulation made pursuant to this chapter. This 
authority shall be limited to those rules and regulations which 
affect the public generally. For purposes of this act civil de- 
fense auxiliary police, state and local, during emergencies and 
during drills and tests and when wearing or exhibiting their 
"uniform, badge or other insignia of authority, shall have the 
same authority to make arrests as provided herein for peace 
officers. 

5. Penalty. Amend chapter 304 of the Laws of 1949 as in- 
serted by chapter 224, Laws of 1953 by adding the following 
new section: 23. Penalty. If any person shall violate or 
attempt to violate any order, rule or regulation made pursuant 
to this chapter he shall be imprisoned not more than six 
months, or fined not more than one hundred dollars. 

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

[Approved June 22, 1955.] 



330 Chapter 219 [1955 

CHAPTER 219. 

AN ACT RELATIVE TO VOTING BY ARMED SERVICES ABSENTEES. 

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

1. Absentee Voting. Amend section 1 of chapter 100 of 
the Laws of 1951 (section 16, chapter 60, RSA) by striking out 
said section and inserting in place thereof the following: 1. 
Members of the Armed Forces and Civilians Serving There- 
with. Any armed services absentee as hereinafter defined 
voting as herein permitted may substitute for the jurat re- 
quired by chapter 34 of the Revised Laws and transmit with 
the sealed ballot a written statement in such form as the secre- 
tary of state shall prescribe, setting forth the facts required, 
made before any commissioned officer, non-commissioned 
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 secretary of commerce, or 
any civilian official empowered by state or federal law to ad- 
minister oaths. 

2. Terms Defined. Amend section 2, chapter 100, Laws of 
1951 (section 17, chapter 60, RSA) by striking out said section 
and inserting in place thereof the following: 2. Definition 
of Armed Services Absentee. The term "armed services 
absentee" as used herein shall be construed to mean : I. Mem- 
bers of the armed forces while in the active service at any 
time ; and their spouses and dependents when absent from city, 
town or place in which qualified to vote on the day of the bien- 
nial election. The term "armed forces" shall be interpreted to 
mean and include the Army of the United States, Navy, Air 
Force of the United States, Marine Corps, Coast Guard, Coast 
and Geodetic Survey, and Public Health Service, and all Regular 
and Reserve components thereof. 

II. Members of the merchants marine of the United 
States at any time; and their spouses and dependents when 
absent from city, town or place in which qualified to vote on 
the day of the biennial election. The term "members of the 
merchant marine of the United States" means persons (other 
than members of the armed forces) employed as officers or 
members of crews of vessels documented under the laws of the 



1955] Chapter 220 331 

United States, or of vessels owned by the United States, or of 
vessels of foreign-flag registry under charter to or control of 
the United States, and persons (other than members of the 
armed forces) enrolled with the United States for employment, 
or for training for employment, or maintained by the United 
States for emergency relief service, as officers or members of 
crews of any such vessels ; but does not include persons so em- 
ployed or enrolled for such employment or for training for such 
employment, or maintained for such emergency relief service, 
on the Great Lakes or the inland waterways. 

III. Civilian employees of the United States in all cate- 
gories serving outside the territorial limits of the several 
states of the United States and the District of Columbia and 
their spouses and dependents when residing with or accom- 
panying them, whether or not the employee is subject to the 
civil service laws and the Classification Act of 1949, and 
whether or not paid from funds appropriated by the 
Congress. 

IV. Members of religious groups or welfare agencies 
assisting members of the armed forces, who are officially 
attached to and serving with the armed forces, and their 
spouses and dependents when residing with or accompanying 
them. 

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

passage. 

[Approved June 22, 1955.] 



CHAPTER 220. 



AN ACT PROVIDING FOR GIVING NOTICE OF CLAIMS FOR DAMAGES 
FOR SKIING INJURIES. 

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

1. Limitation of Actions. Amend chapter 385 of the Re- 
vised Laws (chapter 508, RSA) by inserting after section 3 
the following new section: 3-a. Skiing Injuries. Notwith- 
standing the provisions of section 3 of this chapter, actions to 
recover damages for personal injuries sustained while actually 



332 Chapter 221 [1955 

engaged in skiing may be brought within one year after the 
cause of action accrued, and not afterward. This section shall 
not apply to any such action which shall have accrued prior to 
July 1, 1955. 

2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved June 23, 1955.] 



CHAPTER 221. 



an act relative to state owned parking areas at 
Hampton Beach. 

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

1. Hampton Beach Parking Areas. Amend chapter 218 of 
the Laws of 1953 (chapter 216, RSA) by inserting after sec- 
tion 5 thereof the following new section : 5-a. Regulation of 
Parking Areas. The forestry and recreation commission may 
provide reasonable rules and regulations governing the park- 
ing areas and establishing the fees to be charged. Any person 
violating any of said rules or regulations shall be subject to a 
fine of five dollars; provided, however, that if said violation 
consists of failure to pay the fee required by. meters or other- 
wise, and the violator reports to the Hampton police station 
within twenty-four hours of said violation and executes a 
power of attorney over to the attendant at said station, he may 
pay the sum of one dollar for each violation. Ten per cent of the 
said one dollar fines shall be retained by the Hampton police 
department, and the remainder paid over the recreation 
division monthly, to be used as provided in section 10 hereof. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 23, 1955.] 



1955] Chapters 222, 223 333 

CHAPTER 222. 

AN ACT TO CHANGE THE METHOD OF APPOINTMENT OF MEMBERS 

OF THE New Hampshire commissioners of the 

Northeastern Forest Fire Protection 

Commission. 

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

1. Appointment. Amend section 3 of chapter 302 of the 
Laws of 1949 (section 4, chapter 226, RSA) by striking out 
the words "with the advice and consent of the council" in the 
third Hne so that said section shall read as follows : 3. Com- 
mission. After the aforesaid compact shall become operative 
and effective as provided for in section 2, the governor shall 
appoint three members hereinafter called commissioners of 
the Northeastern Forest Fire Protection Commission, One of 
such commissioners shall always be the state forester, the 
second shall be a member of the legislature and the third shall 
be a citizen of the state designated by the governor as his 
responsible representative to serve at the pleasure of the 
governor. 

2. Takes Effect. This act shall take effect upon its 
passage. 
{Approved June 23, 1955.] 



CHAPTER 223. 

AN ACT relative TO JURISDICTION OF THE UNITED STATES OYER 
LAND WITHIN NEW HAMPSHIRE. 

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

1. Jurisdiction of the United States. Amend Revised 
Laws, chapter 1, section 1 (section 1, chapter 123, RSA) by in- 
serting after the word "custom-houses" in the third line of said 
section, the words, mihtary air bases, miUtary installations, so 
that said section as amended shall read as follows : 1. Ceded 
to United States. Jurisdiction is ceded to the United States of 
America over all lands within this state now or hereafter ex- 



334 Chapter 224 [1955 

clusively owned by the United States, and used as sites for post 
offices, custom-houses, military air bases, mihtary installations 
or other public buildings : provided, that an accurate description 
and plan of the lands so owned and occupied, verified by the 
oath of some officer of the United States having knowledge of 
the facts, shall be filed with the secretary of this state; and, 
provided, further, that this cession is upon the express condi- 
tion that the state of New Hampshire shall retain concurrent 
jurisdiction with the United States in and over all such lands, 
so far that all civil and criminal process issuing under the 
authority of this state may be executed on tlie said lands and 
in any building now or hereafter erected thereon, in the same 
way and with the same effect as if this statute had not been 
enacted; and that exclusive jurisdiction shall revert to and 
revest in this state whenever the lands shall cease to be the 
property of the United States. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 23, 1955.] 



CHAPTER 224. 

AN ACT RELATIVE TO TAXES IN UNINCORPORATED PLACES. ' 

Be it enacted by the Senate and House of Represe7itatives in 
General Court convened: 

1. New Chapter. Amend chapter 81 of the Revised Laws 
(chapter 81, RSA) by striking out the same and inserting in 
place thereof the following: 

Chapter 81 
Taxes in Unincorporated Places 

1. Appraisal. The tax commission shall biennially 
appraise all real estate in each unincorporated or unorganized 
place. It shall on or before January first of each biennium 
certify such appraisals to the county treasurer of the county 
where such real estate is situated. 

2. Annual Assessment. The tax commission shall 
annually assess the real estate in each unincorporated or un- 



1955] Chapter 224 335 

organized place to the owner or claimant thereof for the taxes 
apportioned to such place for the time being, and shall certify 
the same to the director of interest and dividends of the tax 
commission on or before January first of each year, 

3. Collection. The director of interest and dividends 
shall proceed to collect the taxes as certified to him and shall 
have full power and authority to use any of the powers and 
remedies available to collectors of taxes under the provisions 
of chapter 80 of the Revised Laws. 

4. Sale of Real Estate. Whenever real estate is sold to 
collect taxes as provided in chapter 80 advertisements thereof 
shall be posted in the nearest town in the same county in which 
the superior court is holden and be published once a week for 
two successive weeks in a newspaper having a general circu- 
lation in the county where the real estate is situate, the last 
publication to be at least seven days before the date of said 
sale. Said sale shall be held at the office of the director of in- 
terest and dividends of the tax commission at Concord and the 
provisions of chapter 80 relative to advertising, conducting and 
reporting tax sales shall apply except as modified herein. 

5. Abatement of Taxes. The tax commission, for good 
cause shown, may abate any tax assessed by them or by their 
predecessors. All applications for abatement shall be in writ- 
ing. If they neglect or refuse so to abate, any person aggrieved, 
having complied with the requirements of chapter 75, may, 
within six months after notice of such tax, and not after- 
wards, apply by petition to the superior court in the county, 
which shall make such order thereon as justice requires. 

2. School Money. Amend section 15 of chapter 140 of the 
Revised Laws (section 16, chapter 198, RSA) by striking out 
the same and inserting in place thereof the following: 15. Un- 
organized Places. The tax commission shall annually assess a 
tax of five dollars on each thousand dollars of the value of the 
ratable estates as last determined by said commission for the 
purpose of making the last apportionment of pubhc taxes tax- 
able in the unincorporated or unorganized places in the state 
and in the towns where by act of the legislature the school dis- 
tricts have been abolished and the education of the children 
made the responsibility of the state to be used for the educa- 
tion of such children. The unexpended proceeds of this tax shall 



336 Chapter 225 [1955 

not lapse or be used for any purpose other than as set forth 
above, but shall constitute a continuing fund available for said 
education of such children from year to year. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 23, 1955.] 



CHAPTER 225. 



AN ACT RELATIVE TO EVIDENCE OF VALUE FOR DETERMINATION 
OF TAXATION OF RAILROADS AND PUBLIC UTILITIES. 

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

1. Railroad Taxation. Amend section 6 of chapter 83 of 
the Revised Laws (section 7, chapter 82, RSA) by striking out 
the same and inserting in place thereof the following: 6. 
Evidence of Value. In addition to such other evidence as it 
may deem material and relevant in determining the value of 
any such corporation or company, the tax commission shall con- 
sider the value of the physical property, real and personal, in 
this state, of such company or corporation as well as the fair 
average market value of the stocks and bonds for one year 
prior to April first preceding the assessment and the fair 
market value of any other funded or floating debt of such corpo- 
ration or company representing permanent improvements or 
extensions. When the market value of the stocks and bonds of 
any such corporation or company cannot be ascertained for 
want of actual sales, or for any other reason, the net receipts 
of any such corporation or company, which shall be the differ- 
ence between the gross earnings, whether by lease or by opera- 
tion, and the operating expenses and taxes of the preceding 
year, capitalized at such per cent as appears to be equitable 
under the circumstances, shall be considered as evidence of 
the value of the property and estate of such corporation or 
company. 

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

[Approved June 23, 1955.] 



1955] Chapter 226 337 

CHAPTER 226. 

AN ACT RELATIVE TO REVENUE OF THE DEPARTMENT OF HEALTH; 

PROVIDING FOR ADDITIONAL APPROPRIATIONS FOR CERTAIN 

DEPARTMENTS FOR THE FISCAL YEAR ENDING 

JUNE 30, 1955. 

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

1. Division on Alcoholism. Notwithstanding any pro- 
visions to the contrary, two thousand three hundred dollars of 
the revenue received by the division on alcoholism of the de- 
partment of health during the fiscal year ending June 30, 1955, 
in excess of four thousand five hundred dollars may be used by 
said division pursuant to subsection 3, section 13, chapter 254, 
Laws of 1947, as amended by section 10, part 19, chapter 5 of 
the Laws of 1950. 

2. Supplemental Appropriations. The sum of twenty-six 
thousand three hundred nineteen dollars and fifty-eight cents 
is hereby appropriated to supplement the appropriations made 
by chapter 249 of the Lav,^s of 1953, as follows : 

For administration and control 

Division of buildings and grounds $4,319.58 

For board of registration in 

medicine $500.00 

Less revenue and balances 500.00 



Net appropriations 0.00 

For state treasury 12,000.00 

Legislature 10,000.00 



$26,319.58 

The appropriation for the state treasury shall be for the re- 
imbursement of bounties for porcupine paid by selectmen or 
city clerks for animals killed prior to July 15, 1955, provided 
that no reimbursement shall be made hereunder unless the 
accounts from said selectmen or city clerks shall be submitted 
to the state treasurer prior to November 1, 1955. 

The sums appropriated for board of registration in medicine 
shall be a charge against revenue for the board, and the balance 



338 Chapter 227 [1955 

of the sums hereinbefore appropriated shall be a charge upon 
the general funds of the state. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 29, 1955.] 



CHAPTER 227. 



AN ACT RELATIVE TO EDUCATION OF CHILDREN PLACED IN 
HOMES FOR CHILDREN. 

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

1. School Districts. Amend chapter 137 of the Revised 
Laws by inserting after section 17 (section 18, chapter 193, 
RSA) the following new subdivision : 

Education of Children Placed in Homes for Children 
17-a. Definition. The term "home for children" as used 
in this subdivision shall mean any orphanage, institution for 
the care, treatment or custody of children, or child-caring 
agency as defined by section 2 of chapter 130 of the Revised 
Laws, as amended by section 6 of chapter 261 of the Laws of 
1953. 

17-b. Right of Attendance; Tuition. Whenever any 
child is placed and cared for in any home for children, such 
child, if of school age, shall be entitled to attend the public 
schools in the school district in which said home is located, 
unless such placement was solely for the purpose of enabling a 
child residing outside said district to attend the schools there- 
of. If any such child was domiciled in another school district of 
this state at the time of its placement in any home for children, 
the school district in which said child then had its domicile 
shall be liable for the tuition of said child, in the same manner 
and amount as specified in Revised Laws, chapter 137, section 
3-a, and chapter 138, section 26. In case such placement in any 
home for children results from a transfer or successive trans- 
fers of any child from one or more other homes for children, 
the district in which said child had its domicile at the time 



1955] Chapter 227 339 

when it was placed in the first of said other homes for chil- 
dren shall be liable for said tuition. If such child was not 
domiciled in this state when so placed, the home for children, 
together with the parents or the guardian of such child, shall 
be jointly and severally liable for said tuition, to be recovered 
in an action of case, provided, however, that if the placement 
in a home for children of a child not then domiciled in this 
state was made by any state, county or town officials of New 
Hampshire charged with public welfare functions or by any 
child-placing agency licensed in this state, then the parents 
or guardian of such child shall be solely liable for said tuition. 
The commissioner of public welfare and the New Hampshire 
Children's Aid Society shall be exempt from the liability im- 
posed upon guardians hereunder. 

17-c. Procedure. Upon the enrollment of any such child 
in the public schools of any district, the trustees, officers or 
proprietors of the home for children in which said child has 
been placed, or their authorized agents, shall submit to said 
district a sworn statement setting forth the facts relative to 
the domicile of the child when placed in said home, or if the 
child has been transferred or successively transferred from one 
or more other homes for children, the facts relative to the 
domicile of the child when placed in the first of said other homes 
for children. Within sixty days after receipt of such state- 
ment, said district shall give written notice to any district of 
the state considered chargeable with the tuition of said child, 
setting forth the name, age and date of enrollment of said 
child, the name and location of the home in which the child 
has been placed and the date of placement, the name and 
location of the home or homes for children from which the 
child has been transferred, and the date of placement in each 
of said homes, and charging liability for the tuition of said 
child. More than one district may be so notified, if there is 
reasonable doubt as to which district said child was domiciled 
in when so placed in such home, but in such case said notice 
to each district shall set forth the names of the other districts 
sought to be charged. A copy of each notice shall be given to 
the commissioner of education in like manner. Any district so 
notified may, within thirty days thereafter, disclaim liability 
for said tuition by giving written notice of such disclaimer to 
the charging district and by giving a copy thereof to the com- 



340 Chapter 228 [1955 

missioner of education in the same manner herein provided in 
the case of notices of liability. Failure to give notice of dis- 
claimer within the period allowed shall fix the liability of the 
district charged with said tuition, except in cases where more 
than one district has been so charged. Whenever any district 
has given notice of disclaimer in the manner hereinbefore pro- 
vided, or more than one district has been charged with liability 
for the tuition of any such child, the commissioner of edu- 
cation shall promptly hear the parties and his decision with re- 
spect to liability for said tuition shall be final and binding on 
the districts affected. If the commissioner of education finds 
that the domicile of any such child when so placed in such 
home for children was in this state, but he cannot determine 
where, the cost of educating such child shall be assumed by 
the district in which such home is located. 

2. Amendment. Amend section 11 of chapter 137 of the 
Revised Laws (section 12, chapter 193, RSA) by striking out 
the last sentence thereof, so that said section as amended shall 
read as follows: 11. Nonresidents. No person shall attend 
school, or send a pupil to the school, in any district of which 
he is not an inhabitant, without the consent of the district or 
of the school board except as herein otherwise provided. 

3. Takes Effect. This act shall take effect July 1, 1955. 
[Approved June 30, 1955.] 



CHAPTER 228. 

AN ACT RELATIVE TO MILEAGE FOR MEMBERS OF THE LEGISLATURE. 

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

1. General Court. Amend section 15 of chapter 9, Revised 
Laws, as amended by chapter 14, Laws of 1943 and section 1, 
chapter 117, Laws of 1949 and by section 3, chapter 251, Laws 
of 1951 (section 15, chapter 14, RSA) by striking out the word 
"ten" in the fourth line and inserting in place thereof the word, 
fifteen, so that said section as amended shall read as follows: 
15. Travel. A member of the general court shall be allowed 
for mileage per mile of the round trip to and from his town 



1955] Chapter 228 341 

or city ward each day of attendance at the following rates, for 
the first forty-five miles thereof fifteen cents per mile, for the 
next twenty-five miles eight cents per mile, for the next 
twenty-five miles six cents per mile, and for all miles in ex- 
cess of ninety-five miles five cents per mile. In case said round 
trip is less than one mile, the mileage allowance shall be com- 
puted on the basis of one mile. Each member of the house of 
representatives shall present evidence of his attendance by 
signing in person the roll provided for that purpose and by 
complying with such other regulations with respect thereto as 
the house may from time to time adopt. Any member of the 
general court absent for any cause from such attendance shall 
not be allowed mileage for the day he is so absent. 

2. Committee on Mileage. Amend section 16, chapter 9, 
Revised Laws, as amended by chapter 14, Laws of 1943, sec- 
tion 2, chapter 117, Laws of 1949, and section 4, chapter 251, 
Laws of 1951 (section 16, chapter 14, RSA) by striking out said 
section and inserting in place thereof the following: 16. 
Computation of Distance. The distance traveled shall be com- 
puted by the nearest improved highway as set forth in the so- 
called standard mileage table and amendments thereto. The 
committee on mileage shall be arbiters to all disputes and 
claims involving payment of mileage to members. In January 
of each biennial session of the legislature the mileage commit- 
tee shall consult with the department of public works and 
highways relative to distances as set forth in said table be- 
tween Concord and the various towns and wards of the state. 
After a study of the table has been made said committee shall 
recommend to the legislature any changes which may be neces- 
sary therein in order that said table shall correctly set forth 
the distances by the nearest improved highways. 

3. Takes Effect. This act shall take effect as of January 5, 
1955. 

[Approved June 30, 1955.] 



342 Chapter 229 [1955 

CHAPTER 229. 

an act making temporary appropriations for the expenses 

of the state of new hampshire for the month of 

July, 1955. 

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 1955, 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, 1955 the sum of four million five hundred fifteen thou- 
sand dollars, or so much thereof as may be necessary, to be 
expended in the manner hereinafter provided, that is to say 
one million seven hundred fifty thousand dollars from general 
funds; four hundred thousand dollars from special funds; 
ninety thousand dollars from fish and game funds and two 
million two hundred seventy-five thousand dollars from high- 
way 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 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 
subsequently by the legislature for the fiscal year ending 
June 30, 1956. 

2. Provisions of Law. The provisions of chapter 22 of the 
Revised Laws and the provisions of any other statute incon- 
sistent herewith are hereby suspended to the extent of such 
inconsistencies during the time this act is in effect. 

3. Takes Effect. This act shall take effect as of July 1, 
1955, and shall continue in effect until August 1, 1955 unless 
the appropriation acts for the ensuing biennium are sooner en- 
acted in which event the appropriations herein provided shall 
thereupon lapse. 

[Approved June 30, 1955.] 



1955] Chapter 230 343 

CHAPTER 230. 

AN ACT RELATIVE TO MOTOR VEHICLE WEIGHTS. 

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

1. Motor Vehicles. Amend section 37, chapter 119 of the 
Revised Laws as amended by section 1, chapter 11, Laws of 
1947, section 1, chapter 104, Laws of 1949, sections 1 and 2, 
chapter 11, Laws of 1950 and section 11, chapter 20, Lavv^s of 
1951 (section 61, chapter 263, RSA) by striking out said sec- 
tion and inserting in place thereof the following : 37. Weight. 
The operation on highways of this state of any vehicle or com- 
bination of vehicles equipped with pneumatic tires, exceeding 
the limitationsi/ of this section is hereby prohibited. 

I. Vehicles having gross axle weight of more than 
18,000 pounds per axle on axles less than 10 feet apart, except 
3 axle vehicles exclusive of semi-trailers. 

IL Vehicles having gross axle weight of more than 
22,400 pounds per axle on axles 10 feet or more apart. 

III. Vehicles having a gross weight of more than 600 
pounds per inch on width of tire. 

IV. Two axle vehicles having a gross weight of more 
than 33,400 pounds. 

V. Three axle vehicles with drive on one rear axle and 
having a gross weight of more than 40,000 pounds. 

VI. Three axle vehicles with drive on two rear axles and 
having a gross weight of more than 47,500 pounds. 

VII. A combination of vehicle and semi-trailer equipped 
with three axles and having gross weight more than those set 
forth in the following table: 

Distance between Maximum gross weight 
extreme axles in feet in pounds 

25 47,400 

26 48,300 

27 ' 49,300 

28 50,400 

29 51,500 

30 to 39 inclusive 52,800 

VIII. A combination of vehicle and semi-trailer equipped 



344 Chapter 230 [1955 

with four axles and having gross weight more than those set 
forth in the following table: 

Distance between Maximum gross weight 

extreme axles in feet in pounds 

28 48,300 

29 49,300 

30 50,400 

31 51,500 

32 52,800 

33 54,300 

34 56,000 

35 58,000 

36 60,000 

37 62,000 

38 64,400 

39 66,400 

IX. A vehicle or combination of vehicles equipped with 
any solid rubber tires shall not have weights more than eighty 
per cent of those permitted in this section for pneumatic tires ; 
provided, no vehicle equipped with solid rubber tires shall be 
operated upon a public highway, which has at any point less 
than one inch of rubber above the top or beyond the flange 
or rim. 

The provisions of this act shall not apply to vehicles used 
exclusively in the surfacing of highways of the State of New 
Hampshire, or subdivisions thereof: Provided that the com- 
modities of tar, asphalt, or the combination thereof shall not 
exceed 2,000 gallons on any two-axle vehicle, or 4,000 gallons 
on any three-axle vehicle. 

X. Motor vehicles or vehicles drawn by motor vehicles 
when equipped with metal or other hard tires shall not have 
weights more than forty per cent of those permitted in this 
section for pneumatic tires. 

XL A vehicle or combination of vehicles shall not be 
operated or moved over any bridge or other structure on any 
highway if the weight of such vehicle, or combination of 
vehicles and load, is greater than the capacity of the structure 
as shown by a sign on the right side of or overhead on the 
structure. 

XII. It shall be the duty of the commissioner of public 
works and highways to cause signs to be erected at both ends 



1955] Chapter 231 345 

on the right side of or overhead on all bridges or other struc- 
tures under his jurisdiction stating the capacity in tons of 
two thousand pounds which the bridge or other structure will 
safely carry. For all other bridges or other structures it shall 
be the duty of the authority having jurisdiction to place 
similar signs. Upon bridges or other structures of sufficient 
strength to carry safely the legal loads permissible by this 
section, no such signs shall be required. 

XIII. Limitation. The commissioner of public works 
and highways is hereby empowered to modify the motor 
vehicle weight limits hereinbefore provided in so far as may 
be necessary to provide that the state shall receive maximum 
federal highway aid. 
passage. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 30, 1955.] 



CHAPTER 231. 

AN ACT TO PROVIDE FOR THE PUBLICATION AND DISTRIBUTION 

OP THE Revised Statutes Annotated of the 
State of New Hampshire. 

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

1. Preparation for Publication. The commission appointed 
under the provisions of chapter 221, Laws of 1953, to revise, 
codify, and amend the Revised Laws of the state of New 
Hampshire, is authorized and directed to prepare for publica- 
tion and to publish the act passed at this session entitled, 
House Bill No. 75, "An Act to revise and codify, the Revised 
Laws of the state of New Hampshire." The commission is 
authorized to make corrections in the numbering and the sub- 
titles of sections and in the references to sections; to correct 
errors in typography, spelling, and punctuation; to correct 
errors in citations to sources ; and to add such preface, annota- 
tions, cross references, and notes as it shall judge suitable. 
The commission shall file with the secretary of state, to be 



346 Chapter 231 [1955 

deposited with the engrossed bill, a report listing all correc- 
tions to H. B. 75 hereby authorized. The constitution and the 
amendments thereto, shall be inserted in the publication. The 
commission shall cause to be prepared by such means as it 
shall judge suitable, and to be inserted in the publication, a 
complete index of subjects embraced therein. 

2. Publication. The whole act with the changes, additions 
and corrections authorized by section 1 shall be published in 
one or more volumes as the commission shall determine. The 
volume shall be bound in a manner suitable for the insertion of 
cumulative pocket parts to contain subsequent session laws and 
annotations. The complete publication shall be entitled and 
cited as "Revised Statutes Annotated," or "RSA", and citation 
to a chapter and section shall be in the following form, e.g. 
RSA 1:1. 

3. Distribution of Revised Statutes Annotated. The secre- 
tary of state is hereby authorized to distribute official bound 
copies of the Revised Statutes Annotated free of charge in 
the following manner: One copy to each of the following 
officers and bodies : The governor, the president of the senate, 
the speaker of the house, the members of the New Hampshire 
Revision Commission, each justice and clerk of the supreme 
and superior courts, each court of probate, the clerk of the 
supreme court of the United States, each judge of the circuit 
court of the United States for this district, the district court 
of the United States for this district, the United States depart- 
ment of justice, the Library of Congress, the New Hampshire 
Historical Society, the state reporter, a sufficient number of 
copies to the state library for its use and for distribution to 
each state or territorial library of the United States on an 
exchange basis, any state or territory making a charge to this 
state for copies of its laws shall in a like manner be required 
to pay to the secretary of state the regular price for copies 
of the Revised Statutes Annotated, the secretary of state, the 
state treasurer, the comptroller and seven copies to the office 
of the attorney general. 

4. Distribution of Remaining Volumes. Remaining copies 
of the Revised Statutes Annotated, furnished to the secretary 
of state by the publisher, may be sold by the secretary of 



1955] Chapter 232 347 

state at such price or prices as the governor and council may 
determine. 

5. Laws of 1955. The separate volume of the session laws 
for the 1955 session published pursuant to RSA 20 :2 shall not 
include H. B. 75 "An Act to revise and codify, the Revised 
Laws of the State of New Hampshire," the publication of 
which is herein authorized to be published as the Revised 
Statutes Annotated. 

6. Takes Effect. This act shall take effect upon its 
approval. 

[Approved June 30, 1955.] 



CHAPTER 232. 

AN ACT TO RATIFY THE NEW ENGLAND HIGHER EDUCATION 

COMPACT. 

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

1. New England Higher Education Compact. The gov- 
ernor on behalf of the State of New Hampshire is hereby 
authorized to execute a compact, in substantially the following 
form, with any one or more of the states of Connecticut, Maine, 
Massachusetts, Rhode Island and Providence Plantations and 
Vermont, and the legislature hereby signifies in advance its 
approval and ratification of such compact: 

New England Higher Education Compact 
Article L 

The purpose of the New England higher education compact 
shall be to provide greater educational opportunities and 
services through the establishment and maintenance of a 
coordinated educational program for the persons residing in 
the several states of New England parties to this compact with 
the aim of furthering higher education in the fields of medicine, 
dentistry, veterinary medicine, public health and in professional 
technical, scientific, literary and other fields. 

Article II. 

There is hereby created and established a New England 



348 Chapter 232 [1955 

Board of Higher Education hereinafter known as the board 
which shall be an agency of each state party to the compact. 
The board 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 concurrent act or acts of the compacting states. The board 
shall consist of three resident members from each compacting 
state, chosen in the manner and for the terms provided by 
law of the several states parties to this compact. 

Article III. 

This compact shall become operative immediately as to those 
states executing it whenever any two or more of the states of 
Maine, Vermont, New Hampshire, Massachusetts, Rhode Island 
and Connecticut have executed it in the form which is in ac- 
cordance with the laws of the respective compacting states. 

Article IV. 

The board shall annually elect from its members a chairman 
and vice-chairman and shall appoint and at its pleasure remove 
or discharge said officers. It may appoint and employ an execu- 
tive secretary and may employ such stenographic, clerical, 
technical or legal personnel as shall be necessary, and at its 
pleasure remove or discharge such personnel. It shall adopt 
a seal and suitable by-laws and shall promulgate any and all 
rules and regulations which may be necessary for the conduct 
of its business. It may maintain an office or offices within the 
territory of the compacting states and may meet at any time 
or place. Meetings shall be held at least twice each year. A 
majority of the members shall constitute a quorum for the 
transaction of business, but no action of the board imposing 
any obligation on any compacting state shall be binding unless 
a majority of the members from such compacting state shall 
have voted in favor thereof. Where meetings are planned to 
discuss matters relevant to problems of education affecting 
only certain of the compacting states, the board may vote to 
authorize special meetings of the board members of such 
states. The board shall keep accurate accounts of all receipts 
and disbursements and shall make an annual report to the 
governor and the legislature of each compacting state setting 
forth in detail the operations and transactions conducted by 
it pursuant to this compact, and shall make recommendations 



1955] Chapter 232 349 

for any legislative action deemed by it advisable, including 
amendments to the statutes of the compacting states which 
may be necessary to carry out the intent and purpose of this 
compact. The board shall not pledge the credit of any com- 
pacting state without the consent of the legislature thereof 
given pursuant to the constitutional processes of said state. 
The board may meet any of its obligations in whole or in part 
with funds available to it under article VII of this compact, 
provided that the board takes specific action setting aside such 
funds prior to the incurring of any obligation to be met in 
whole or in part in this manner. Except where the board makes 
use of funds available to it under article VII hereof, the board 
shall not incur any obligations for salaries, office, administra- 
tive, traveling or other expenses prior to the allotment of funds 
by the compacting states adequate to meet the same. Each 
compacting state reserves the right to provide hereafter by 
law for the examination and audit of the accounts of the board. 
The board shall appoint a treasurer who may be a member of 
the board, and disbursements by the board shall be valid only 
when authorized by the board and when vouchers therefor 
have been signed by the executive secretary and countersigned 
by the treasurer. The executive secretary shall be custodian 
of the records of the board with authority to attest to and 
certify such records or copies thereof. 

Article V. 

The board shall have the power to: (1) Collect, correlate, 
and evaluate data in the fields of its interest under this com- 
pact ; to publish reports, bulletins, and other documents making 
available the results of its research; and, in its discretion to 
charge fees for said reports, bulletins, and documents; (2) 
Enter into such contractual agreements or arrangements with 
any of the compacting states or agencies thereof and with 
educational institutions and agencies as may be required in 
the judgment of the board to provide adequate services and 
facilities in educational fields covered by this compact; pro- 
vided that it shall be the policy of the board in negotiation 
of its agreements to serve increased numbers of students from 
the compacting states through arrangements with then exist- 
ing institutions, whenever in the judgment of the board 
adequate service can be so secured in the New England region. 
Each of the compacting states shall contribute funds to carry 



350 Chapter 232 [1955 

out the contracts of the board on the basis of the number of 
students from such state for whom the board may contract. 
Contributions shall be at the rate determined by the board in 
each educational field. Except in those instances where the 
board by specific action allocates funds available to it under 
article VII hereof, it shall be the policy of the board to enter 
into such contracts only upon appropriation of funds by the 
compacting states. Any contract entered into shall be in ac- 
cordance with rules and regulations promulgated by the board 
and in accordance with the laws of the compacting states. 

Article VI. 

Each state agrees that, when authorized by the legislature 
pursuant to its constitutional processes, it will from time to 
time make available to the board such funds as may be 
required for the expenses of the board as authorized under 
the terms of this compact. The contribution of each state for 
this purpose shall be in the proportion that its population 
bears to the total combined population of the states who are 
parties hereto as shown from time to time by the most recent 
official published report of the bureau of the census of the 
United States of America ; unless the board shall adopt another 
basis in making its recommendation for appropriation to the 
compacting states. 

Article VII. 

The board for the purposes of this compact is hereby em- 
powered to receive grants, devises, gifts and bequests which 
the board may agree to accept and administer. The board shall 
administer property held in accordance with special trusts, 
grants and bequests and shall also administer grants and 
devises of land and gifts or bequests of personal property made 
to the board for special uses and shall execute said trusts, 
investing the proceeds thereof in notes or bonds secured by 
sufficient mortgages or other securities. 

Article VIII. 

The provisions of this compact shall be severable and if any 
phrase, clause, sentence or provision of this compact is declared 
to be contrary to the constitution of any compacting state or 
of the United States the validity of the remainder of this 
compact and the applicability thereof to any government, 
agency, person, or circumstance shall not be affected thereby; 



1955] Chapter 232 351 

provided, that if this compact is held to be contrary to the 
constitution of any compacting state the compact shall remain 
in full force and effect as to all other compacting states. 

Article IX. 

This compact shall continue in force and remain binding 
upon a compacting state until the legislature or the governor 
of such state, as the laws of such state shall provide, takes 
action to withdraw therefrom. Such action shall not be effective 
until two years after notice thereof has been sent by the gov- 
ernor of the state desiring to withdraw to the governors of 
all other states then parties to the compact. Such withdrawal 
shall not relieve the withdrawing state from its obligations 
accruing hereunder prior to the effective date of withdrawal. 
Any state so withdrawing, unless reinstated, shall cease to 
have any claim to or ownership of any of the property held 
by or vested in the board or to any of the funds of the board 
held under the terms of the compact. Thereafter, the with- 
drawing state may be reinstated by application after appro- 
priate legislation is enacted by such state, upon approval by a 
majority vote of the board. 

Article X. 

If any compacting state shall at any time default in the 
performance of any of its obligations assumed or imposed in 
accordance with the provisions of this compact, all rights and 
privileges and benefits conferred by this compact or agree- 
ments hereunder shall be suspended from the effective date of 
such default as fixed by the board. Unless such default shall 
be remedied within a period of two years following the effective 
date of such default, this compact may be terminated with 
respect to such defaulting state by affirmative vote of three- 
fourths of the other member states. Any such defaulting state 
may be reinstated by: (a) performing all acts and obligations 
upon which it has heretofore defaulted, and (b) application to 
and approval by a majority vote of the board. 

2. Effective Date. When the governor shall have executed 
said compact on behalf of this state and shall have caused a 
verified copy to be filed with the secretary of state, and when 
said compact shall have been ratified by one or more of the 
states named in section 1 of this act, then said compact shall 
become operative and effective as between this state and such 



352 Chapter 232 [1955 

other state or states. The governor is hereby authorized and 
directed to take such action as may be necessary to complete 
the exchange of official documents as between this state and 
any other state ratifying said compact, and to take such steps 
as may be necessary to secure the consent of the congress of 
the United States to said compact. 

3. Membership of Board. Immediately upon the passage 
of this act the governor shall appoint the three resident mem- 
bers from New Hampshire who shall be members of the New 
England Board of Higher Education as provided in article H 
of the compact. One of such resident members shall always be 
the president of the University of New Hampshire, the second 
shall be a member of the legislature of New Hampshire, and 
the third shall be a citizen of the state designated by the 
governor as his responsible representative. The first appoint- 
ment of the member who is a state legislator shall be for a 
term of two years, thereafter his term shall be for four years, 
provided that if during said term said member shall cease to 
be a member of the legislature his term as a member of the 
New England Board of Higher Education shall terminate and 
the governor shall fill said vacancy in the same manner as 
above provided for appointment of the legislator member. The 
term of office of the third New Hampshire member of the 
board shall be for four years and until his successor is 
appointed and qualified. Each member of the board shall receive 
his expenses actually and necessarily incurred by him in the 
performance of his duties hereunder. In addition thereto each 
member, except the president of the University of New Hamp- 
shire, shall receive fifteen dollars per day compensation for 
time actually spent in the work as such member, provided 
that the total for expenses and per diem compensation for each 
member shall not exceed the sum of five hundred dollars dur- 
ing any one fiscal year. All expenses and per diem compensation 
shall be audited by the comptroller as expenses of other 
employees are audited, and shall be a charge against the special 
appropriation provided by this act. 

4. Appropriation. The sum of seven thousand dollars is 
hereby appropriated and made available for expenditure for 
the purposes of this act, provided that said funds hereby 
appropriated shall not lapse until June 30, 1957. The sum 



1955] Chapter 233 353 

hereby made available for the purposes of this act shall be a 
charge against the general funds of the state and the governor 
is authorized to draw his warrant for said sum, or so much 
thereof as may be required for the purposes hereof, out of 
any money in the treasury not otherwise appropriated. 

5. Repeal. Amend section 3 of chapter 197 of the Laws 
of 1953 by striking out said section and inserting in place 
thereof the following: 3. Limitation. No individual shall 
be eligible to receive the benefits provided for by this act for 
a period of more than four years. 

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

[Approved June 30, 1955.] 



CHAPTER 233. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF BAKER RIVER 
AND ITS WATERSHED. 

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 accordance 
with the provisions of chapter 166-A of the Revised Laws as 
inserted by chapter 183, Laws of 1947 and amended by chap- 
ter 1, Laws of 1950 (chapter 149, RSA) as follows: 

I. Baker River and all its tributaries, in the towns of 
Rumney, Groton, Campton and Plymouth, from the point of 
confluence of the main stream with Stinson Brook down to a 
point on the main stream 300 feet upstream from the bridge 
abutment of the Plymouth to Woodsville branch of the Boston 
and Maine railroad, Class B-1. 

XL All other surface waters of the Baker River water- 
shed hitherto unclassified and which have not been included 
in paragraph I, except that portion of the main stream from 
a point 300 feet upstream from the bridge abutment of the 
Plymouth to Woodsville branch of the Boston and Maine rail- 
road to confluence with the Pemigewasset River, Class B-1. 



354 Chapters 234, 235 [1955 

2. Takes Effect. This act shall take effect July 1, 1955. 
[Approved June 30, 1955.] 



CHAPTER 234. 

AN ACT RELATIVE TO THE TAKING OF WILD BEAR. 

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

1. Report of Bear liilled. Amend chapter 180 of the Re- 
vised Laws (chapter 470, RSA) by inserting after section 1 
thereof the following new section: 1-a. Report Necessary. 

Within forty-eight hours after any person has killed a wild 
bear in this state, he shall make a report to the director of 
the fish and game department, or to a conservation officer, 
of this state, indicating the town in which the bear was taken, 
the weight, sex, and length of the hind foot. Any person who 
fails to make the report required by this section shall be fined 
ten dollars. 

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

[Approved June 30, 1955.] 



CHAPTER 235. 

AN ACT RELATIVE TO USE OF TELEPHONE PARTY LINES FOR 
FIRE ALARMS OR OTHER EMERGENCY CALLS. 

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

1. Telephone Lines. Amend chapter 442 of the Revised 
Laws by inserting after section 29 (section 38, chapter 572, 
RSA) the following new section: 29-a. Emergency Use of 
Party Line. Whoever shall wilfully refuse to yield the use of 
a telephone party line for giving of a fire alarm or emergency 
call for police, medical aid or ambulance service, or shall wil- 
fully represent falsely that the use of a telephone party line 



1955] Chapter 236 355 

is needed to give a fire alarm or emergency call shall be fined 
not more than fifty dollars. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 30, 1955.] 



CHAPTER 236. 

AN ACT EXTENDING CERTAIN AERONAUTICAL APPROPRIATIONS. 

Be it enacted by the Senate and House of Representatives 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 and chapter 
19, Laws of 1953, shall be deemed to be appropriated for the 
purposes specified in said section and be available for such 
expenditures until June 30, 1957. 

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 and section 2 of chapter 162 of the Laws 
of 1951 by striking out said section and inserting in place 
thereof the following : 33. Bonds or Notes Authorized. The 
sum of two hundred thousand dollars is hereby appropriated 
to be used as needed for the purpose of equal matching of town 
funds for the construction of airports, excluding the cost of 
land and buildings, under the Federal Aid Airport Program or 
for equal matching of town funds for the construction of 
airports, excluding the cost of land and buildings, by state 
contributions not in excess of five thousand dollars. Ten 
thousand dollars of said sum may be used as needed for the 
purchase and installation of air navigation aids without being 
required to be matched by town or federal funds. To provide 
funds for said appropriation the state treasurer is hereby 
authorized under the direction of the governor and council to 
borrow upon the credit of the state not exceeding two hundred 
thousand dollars and for that purpose may issue bonds or 
notes in the name and on behalf of the state of New Hampshire. 



356 Chapter 237 [1955 

The treasurer shall recommend for the approval of the gov- 
ernor and council the form of such bonds, their rate of interest, 
the dates of maturity, the places where interest and principal 
shall be paid and the time or times of issue. Such bonds or notes 
shall be signed by the treasurer and countersigned by the gov- 
ernor and shall be deemed a pledge of 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 this state. 

3. Accounts. The provisions of section 33-a of chapter 306 
of the Revised Laws, as inserted by Laws of 1947, chapter 281, 
section 10, shall apply to all bonds or notes authorized under 
this act. 

4. Short-Term Notes. The provisions of section 33-b of 
chapter 306 of the Revised Laws, as inserted by Laws of 1947, 
chapter 281, section 10, shall apply to this act, 

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

[Approved June 30, 1955.] 



CHAPTER 237. 

AN ACT EMPOWERING THE PUBLIC UTILITIES COMMISSION TO 
BARGAIN WITH THE NEW YORK POWER AUTHORITY. 

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

1. Public Utilities Commission. The public utilities com- 
mission is hereby designated as the agency of the state to 
bargain with the Power Authority of the State of New York 
for the procurement of power capacity and power output from 
said power authority, with the right to contract for the 



1955] Chapter 238 357 

purchase of such power, and resale of such power on a non- 
profit basis to the electric distribution companies, cooperative, 
municipal and privately-owned without preference or discrimi- 
nation for distribution within the state. The public utilities 
commission with the consent of the governor and council is 
authorized and empowered to enter into contracts for the 
transmission of such power from the place of purchase to a 
point, or points, within the state of New Hampshire. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved June 30, 1955.] 



CHAPTER 238. 

AN ACT RELATIVE TO PORCUPINES. 

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

1. Damage to Crops by Porcupines. Amend section 2, 
chapter 180 of the Revised Laws as inserted by chapter 203 
of the Laws of 1945 and as amended by section 1, chapter 283, 
Laws of 1949 and chapter 149, Laws of 1953 (section 2, chap- 
ter 470, RSA) by striking out said section and inserting in 
place thereof the following: 2. Porcupines. If a person 
suffers substantial damage to annual crops, fruit trees, or farm 
lands by porcupines, and will notify the director of fish and 
game in writing, the director or his agent after investigating 
said damage shall take the necessary steps to eliminate or 
control such porcupines. 

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

[Approved June 30, 1955.] 



358 Chapter 239 [1955 

CHAPTER 239. 

AN ACT RELATIVE TO THE ESTABLISHMENT OF SOIL 
CONSERVATION DISTRICTS. 

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

1. Soil Conservation Districts. Amend chapter 151 of the 
Laws of 1945 as amended by chapter 62 of the Laws of 1949 
(chapter 430, RSA) by striking out said chapter and inserting 
in place thereof the following: 

Chapter 151 
Soil Conservation Districts 

1. Declaration of Policy; Definitions. 

L It is hereby declared to be the policy of the state to 
provide for the establishment of soil conservation districts 
under the supervision of a state soil conservation committee, 
said districts to be composed of landowners and land occupiers 
within the districts, who may join together in the interest of 
conserving the soil and soil resources and preventing soil 
erosion, floodwater and sediment damages. It is the intent of 
this chapter to facilitate the joint effort of landowners and 
land occupiers in carrying out corrective conservation practices 
on their lands, voluntarily and with such assistance as may be 
available for this purpose from local, state or federal govern- 
mental agencies. 

II. As used in this chapter the following words shall have 
the following meanings: 

a. "District" or "soil conservation district" means the 
territory included within the boundaries of a county, organized 
in accordance with the provisions of this chapter. 

b. "Land occupier or occupier of land" includes any 
person who shall hold title to, or shall be in lawful possession 
of, three or more acres of land lying within a district organized 
under the provisions of this chapter. 

c. "District supervisor" or "supervisor" shall mean a 
member of the governing body of a district appointed in ac- 
cordance with the provisions of this chapter. 

2. State Soil Conservation Committee. There is hereby 
established, to serve as an agency of the state, the state soil 



1955] Chapter 239 359 

conservation committee, which shall consist of the following 
five members: the director of the state agricultural extension 
service, the director of the state agricultural experiment 
station, the state agricultural commissioner and two farmers 
who shall be appointed by the governor with the advice and 
consent of the council to serve one and two years respectively 
and until their successors are appointed. The members of said 
committee shall serve without compensation, but the farmer 
members of said committee shall be entitled to expenses, in- 
cluding traveling expenses, necessarily incurred in the dis- 
charge of their duties. It may adopt rules and regulations 
necessary for the execution of its functions hereunder and 
shall keep a record of its official actions. It may employ such 
employees as it requires and fix their compensation subject to 
the rules and regulations of the division of personnel. 

3. Duties. The state soil conservation committee shall: 

I. Offer assistance to the supervisors of districts in 
formulating and carrying out any of their programs. 

II. Keep the supervisors of each district informed of 
the activities of all other districts, and to facilitate an inter- 
change of advice, experience and cooperation between such 
districts. 

III. Coordinate the programs of the several districts so 
far as this may be done by advice and consultation. 

IV. Seek the cooperation and assistance of the United 
States, of this state and of town and county governments, in 
the work of such districts. 

V. Keep the public informed throughout the state, con- 
cerning the activities and programs of the soil conservation 
districts. 

VI. It shall be the duty and responsibility of the state 
committee to establish satisfactory cooperative arrangements 
and to avoid duplication between the districts and other federal, 
state or county agencies which have similar responsibilities. 

4. Creation of Soil Conservation Districts. There are here- 
by established, as governmental subdivisions of this state and 
public bodies corporate and politic, ten soil conservation dis- 
tricts as follows: (1) each of the ten counties within the state 
is hereby incorporated into a soil conservation district; (2) 



360 Chapter 239 [1955 

each of the ten districts shall be known by the name of the 
county to which its boundaries conform. Immediately upon the 
passage of this chapter the ten soil conservation districts shall 
become duly established districts. Upon the appointment of 
the district supervisors as hereinafter provided the districts 
shall become duly organized and thereafter the districts and 
the supervisors thereof shall have all the powers and duties 
conferred upon them by this chapter, provided, however, that 
no such district shall exercise any of the powers conferred on 
districts or the supervisors thereof under this chapter until 
after the state soil conservation committee shall adopt a 
resolution determining that there is need, in the interest of 
public health, safety and welfare, for such district to function 
and that a substantial proportion of the land occupiers of such 
districts are in favor of its operation. In making such deter- 
minations the committee may accept petitions and conduct 
such public meetings and referenda as they deem necessary, 
and shall give due consideration to the distribution and in- 
tensity of erosion, floodwaters and sediment damages and need 
for land drainage on lands within the said district, and to 
other relevant factors. From and after the date of adoption 
by the committee of a resolution in favor of the operation of 
a particular district, such district shall be deemed to be duly 
organized, and the supervisors of such district shall thereupon 
be entitled to exercise the powers conferred on them by this 
act. A certified copy of such resolution shall be evidence of the 
due organization of such districts. 

5. Appointment of District Supervisors. The governing 
body of the district shall consist of five supervisors appointed 
by the state soil conservation committee, who shall be land 
occupiers in the district. 

6. Organization; Term of Office. The supervisors of each 
district shall designate a chairman and may from time to time 
change their chairman. The term of office of each supervisor 
shall be three years, excepting that for those first appointed 
there shall be one for one year, two for two years, and two for 
three years. A supervisor may succeed himself in office and he 
shall hold office until his successor has been appointed and has 
qualified. Vacancies shall be filled for an unexpired term and 
removal from the district shall constitute a vacancy. Succes- 



1955] Chapter 239 361 

sors to fill an unexpired term, or a full term, shall be appointed 
by the state soil conservation committee. A majority of the 
supervisors shall constitute a quorum and the concurrence of 
a majority in any matter within their duties shall be required 
for its determination. A supervisor shall receive no com- 
pensation for his services, but he shall be entitled to expenses, 
including traveling expenses, necessarily incurred in the dis- 
charge of his duties. 

7. Employees; Duties. The supervisors may employ such 
employees as they may require and shall determine their 
qualifications, duties, and compensation. The supervisors may 
delegate to their chairman, to one or inore supervisors, or to 
one or more agents or employees, such powers and duties as 
they may deem proper. The supervisors shall provide for the 
execution of surety bonds for all employees and officers who 
shall be entrusted with funds or property; shall provide for 
the keeping of a full and accurate record of all proceedings; 
and shall provide for an annual audit of the accounts of receipts 
and disbursements. The supervisors shall furnish to the state 
soil conservation committee, upon request, copies of their 
proceedings and other documents as they shall adopt or employ, 
and such other information concerning their activities as it 
may require in the performance of its duties under this chapter. 

8. Powers of Districts and Supervisors. A soil conserva- 
tion district organized under the provisions of this chapter, 
and the supervisors thereof, shall have the following powers, 
in addition to others granted in other sections of this chapter : 

I. To conduct surveys, investigations, and research re- 
lating to the character of soil erosion and floodwater and 
sediment damages and land drainage and the preventive and 
control measures needed, to publish the results of such surveys, 
investigations, or research, and to disseminate information 
concerning such preventive and control measures; provided, 
however, that in order to avoid duplication of research activi- 
ties, no district shall initiate any research program except in 
cooperation with the government of this state or any of its 
agencies, or with the United States or any of its agencies; 

II. To conduct demonstrational projects within the dis- 
trict on lands owned or controlled by this state or any of its 
agencies, with the cooperation and consent of the agency 



362 Chapter 239 [1955 

administering and having jurisdiction thereof, and on any 
other lands within the district upon obtaining the consent of 
the occupier of such lands or the necessary rights or interests 
in such lands, in order to demonstrate by example the means, 
methods, and measures by which soil and soil resources may 
be conserved, and soil erosion in the form of soil blowing and 
soil washing may be prevented and controlled, and land may 
be drained and floodwater and sediment damages may be 
prevented ; 

III. To carry out preventive and control measures within 
the district including, but not limited to, engineering opera- 
tions, methods of cultivation, the growing of vegetation, the 
drainage of land and changes in use of land, and measures for 
the prevention of floodwater and sediment damages, on lands 
owned or controlled by this state or any of its agencies, with 
the cooperation and consent of the agency administering and 
having jurisdiction thereof, and on any other lands within the 
district upon obtaining the consent of the occupier of such 
lands or the necessary rights or interests in such lands; 

IV. To cooperate, or enter into agreements with and to 
furnish financial or other aid to, any agency, governmental or 
otherwise, or any occupier of lands within the district, in the 
carrying on of erosion-control and flood-prevention and drain- 
age operations within the district, subject to such conditions 
as the supervisors may deem necessary to advance the purposes 
of this chapter; 

V. To obtain options upon and to acquire, by purchase, 
exchange, lease, gift, grant, bequest, devise, or otherwise, any 
property, real or personal, or rights or interests therein; to 
maintain, administer, and improve any properties acquired, 
to receive income from such properties and to expend such 
income in carrying out the purposes and provisions of this 
chapter; and to sell, lease, or otherwise dispose of any of its 
property or interests therein in furtherance of the purposes 
and the provisions of this chapter; 

VI. To make available, on such terms as it shall pre- 
scribe, to land occupiers within the district, agricultural and 
engineering machinery and equipment, fertilizer, seeds, and 
seedlings, and such other material or equipment, as will assist 
such land occupiers to carry on operations upon their lands 



1955] Chapter 239 363 

for the conservation of soil resources and the drainage of land 
and for the prevention and control of soil erosion and for the 
prevention of floodwater and sediment damages; 

VII. To construct, improve, operate and maintain such 
structures as may be necessary or convenient for the per- 
formance of any of the operations authorized in this chapter; 

VIIL To develop comprehensive plans for the conserva-. 
tion of soil resources and for the control and prevention of 
soil erosion and for land drainage and for the prevention of 
floodwater and sediment damages within the district, which 
plans shall specify in such detail as may be possible, the acts, 
procedures, performances, and avoidances which are necessary 
or desirable for the effectuation of such plans, including the 
specification of engineering operations, methods of cultivation, 
the growing of vegetation, cropping programs, tillage practices, 
and changes in use of lands; and to publish such plans and 
information and bring them to the attention of occupiers of 
lands within the district; 

IX. To take over, by purchase, lease, or otherwise, and 
to administer, any soil-conservation, drainage, flood-prevention, 
erosion-control, or erosion-prevention project, or combinations 
thereof, located within its boundaries undertaken by the 
United States or any of its agencies, or by this state or any 
of its agencies; to manage, as agent of the United States or 
any of its agencies, or of this state or any of its agencies, any 
soil-conservation, drainage, flood-prevention, erosion-control, 
or erosion-prevention project, or combinations thereof, within 
its boundaries; to act as agent for the United States, or 
any of its agencies, or for this state or any of its agencies, 
in connection with the acquisition, construction, operation, 
or administration of any soil-conservation, drainage, flood- 
prevention, erosion-control, or erosion-prevention project, or 
combinations thereof, within its boundaries; to accept dona- 
tions, gifts, and contributions in money, services, materials, 
or otherwise, from the United States or any of its agencies, 
or from this state or any of its agencies, and to use or expend 
such moneys, services, materials, or other contributions in 
carrying on its operations; 

X. As a condition to the extending of any benefits under 
this chapter to, or the performance of work upon, any lands 
not owned or controlled by this state or any of its agencies, 



364 Chapter 240 [1955 

the supervisors may require contributions in money, services, 
materials, or otherwise to any operations conferring such 
benefits, and may require land occupiers to enter into and 
perform such agreements or covenants as to the permanent 
use of such lands as will tend to provide drainage, prevent or 
control erosion and prevent floodwater and sediment damages 
thereon. 

2. Inconsistency with Other Acts. Insofar as any of the 
provisions of this act are inconsistent with the provisions of 
any other law, the provisions of this act shall be controlling. 

3. Takes Effect. This act shall take effect as of August 1, 
1955. 

[Approved June 30, 1955.] 



CHAPTER 240. 

AN ACT RELATIVE TO FEES FOR INSPECTIONS AND SEALING OF 
WEIGHING AND MEASURING DEVICES. 

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

1. Inspections of Weighing and Measuring Devices. Amend 
section 22-a of chapter 192, Revised Laws, as inserted by 
section 5, chapter 199, Laws of 1951 (section 20, chapter 359, 
RSA) by striking out said section and inserting in place thereof 
the following: 22-a. Fees. Except as hereinafter provided 
there shall be collected for inspections and sealing of weighing 
and measuring devices by the state inspectors or city sealers 
the following fees, to be paid by the state institutions, munici- 
pal subdivisions, person or persons for whom the services are 
rendered : 

L Each scale with a weighing capacity of more than ten 
thousand pounds, with four sections, ten dollars; with one or 
two sections, five dollars. 

IL Each scale with a weighing capacity of more than one 
thousand and not more than ten thousand pounds, with one 
section, three dollars, 

in. Each scale with a weighing capacity of more than 



1955] Chapter 240 365 

one hundred and not more than one thousand pounds, one 
dollar. 

IV. Each counter-platform scale of not more than one 
hundred pounds, seventy-five cents. 

V. Each suspension scale as follows: over one hundred 
pounds, one dollar; one hundred pounds or less, fifty cents; 
overhead track, two dollars. 

VI. Each counter balance, fifty cents. 

VII. Each computing scale, fifty cents. 

VIII. Each personal scale, slot, one dollar. 

IX. All extra weights and other measures, ten cents 
each. 

X. Each mechanical capacity device as follows: gasoline 
pump, one dollar and twenty-five cents; vehicle meter, three 
dollars; bulk storage meter, five dollars; kerosene pump, fifty 
cents; grease pump, fifty cents; liquid measure, ten cents; dry 
measure, ten cents. 

XL Each machine or other mechanical device used for 
determining linear or area measurement as follows : yard stick, 
ten cents; cloth and leather measure, fifty cents; caliper or 
board rule, one dollar. 

XII. Each taximeter or measuring device used upon 
vehicles to determine the cost of transportation, fifty cents. 

XIII. Each measurement of a vehicle used in transport- 
ing fuel wood, one dollar. 

XIV. Calibrating for capacity vehicle tank used in the 
sale of commodities by liquid measure and having a capacity 
of one hundred gallons or less, except bulk milk tanks, three 
dollars; for each additional one hundred gallons or fraction 
thereof an additional twenty-five cents. Where a vehicle tank 
is subdivided into two or more compartments, each compart- 
ment shall, for the purposes hereof, be considered a separate 
tank. 

XV. Calibrating for capacity bulk milk tank having a 
capacity of two hundred gallons or less, six dollars; for each 
additional one hundred gallons or fraction thereof an addi- 
tional one dollar. 

XVI. For all other weighing or measuring devices not 



366 Chapter 241 [1955 

included in this section such reasonable fees as the commis- 
sioner of agriculture shall determine. 

2. Takes Effect. This act shall take effect August 1, 1955. 
[Approved June 30, 1955.] 



CHAPTER 241. 

AN ACT TO CHANGE THE ALLOCATION OF FUNDS FROM INSPECTIONS 
IN THE DEPARTMENT OF AGRICULTURE ; RELATIVE TO LICENSE 
FEES FOR MILK DISTRIBUTORS ; RELATIVE TO FEES FOR 
LICENSES FOR PHARMACIES AND PHARMA- 
CISTS, AND RELATIVE TO TRANSFER OF 
CERTAIN FUNDS COLLECTED UNDER 
THE ECONOMICS POISON LAW. 

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

1. Official Grades for Farm Products. Amend section 33 
of chapter 223 of the Revised Laws (section 6, chapter 428, 
RSA) by striking out the words "Such fees shall be applied 
to the expenses incurred by reason hereof" and inserting in 
place thereof the words: Such fees shall be credited to the 
general funds of the state, so that said section as amended 
shall read as follows : 3. Rules and Regulations; Fees. The 
commissioner may prescribe rules and regulations for carrying 
out the provisions of this subdivision including the fixing of 
fees for inspections authorized by section 32. Such fees shall 
be credited to the general funds of the state. 

2. Milk Control. Amend section 8 of chapter 196 of the 
Revised Laws (section 9, chapter 183, RSA) by striking out 
said section and inserting in place thereof the following: 8. 
Licenses; Fees. All distributors in any market designated by 
said board shall be licensed by said board. The annual fee for 
such license shall be two dollars for distributors selling more 
than two quarts and not more than twenty quarts daily 
average, four dollars for distributors selling more than twenty 
quarts and not more than fifty quarts, daily, seven dollars 
and fifty cents for distributors selling more than fifty quarts 
and not more than one hundred quarts daily, eleven dollars 



1955] Chapter 241 367 

for distributors selling more than one hundred quarts and 
not more than two hundred quarts daily, and for each addi- 
tional one hundred quarts or fraction thereof daily sold by 
a distributor there shall be an additional license fee of five 
dollars and fifty cents. In determining the foregoing fees sales 
made by a distributor to the public over the counter, not for 
consumption on the premises, shall not be included in deter- 
mining the number of quarts sold daily. Such over-the-counter 
distributor shall pay an annual fee for such license of two 
dollars. The board may, upon proper evidence, decline to grant 
and may, after due notice and public hearing, suspend or 
revoke a license. Violation by a distributor of the provisions 
hereof or any rule or regulation made hereunder, or conviction 
of violating the health laws or regulations of the state board 
of health, shall be sufficient cause to suspend, revoke or with- 
hold such distributor's license. Any distributor who fails to 
take out a license hereunder shall be subject to the penalties 
provided for in section 14 hereof. 

3. Increase in Fees. Amend section 26 of chapter 256 of 
the Revised Laws, as amended by section 2, chapter 280, Laws 
of 1949 and section 1, chapter 155, Laws of 1953 (section 25, 
chapter 318, RSA) by striking out said section and inserting 
in place thereof the following: 26. Re-registration. Every 
registered pharmacist and holder of reciprocity certificate who 
desires to continue the business of apothecary and druggist 
shall re-register, annually as of January first and shall pay a 
fee of four dollars. When making application for such re- 
registration the applicant shall give his place of residence and 
employment, whether as proprietor or employee, and any 
change of location or employment shall be reported to the 
secretary of the board within fifteen days. 

4. Pharmacies. Amend section 39 of chapter 256 of the 
Revised Laws (section 38, chapter 318, RSA) by striking out 
the word "five" and inserting in place thereof the word, seven, 
so that said section as amended shall read as follows: 39. 
Permit; Fee. The board shall upon application issue a permit 
to maintain a store for the sale at retail of drugs and medicines 
to such persons, firms, or corporations as they may deem to 
be qualified to conduct such a store, such permit to be known 
as a retail drug store permit, for the compounding of medicines 



368 Chapter 242 [1955 

upon physicians' prescriptions and for the manufacture, sale, 
and distribution of drugs, medicines, and poisons, such place 
of business to be under the direct supervision of a registered 
pharmacist. The fee for such permit shall be seven dollars. 
The holder of a retail drug store permit may keep his store 
open at all hours for the sale of drugs and medicines. The 
permit shall expire on January first following the date of issue. 

5. Economics Poisons Law. Notwithstanding the provi- 
sions of section 5, chapter 227, Revised Laws (section 6, chap- 
ter 438, RSA) relative to disposition of fees for administra- 
tion of said chapter, the sum of six thousand dollars now in 
the special fund provided for by said section shall be trans- 
ferred to the general funds. 

6. Takes Effect. The provisions of sections 3 and 4 of this 
act shall take effect as of January 1, 1956. The remaining 
sections of this act shall take effect upon its passage. 
[Approved June 30, 1955.] 



CHAPTER 242. 

AN ACT RELATIVE TO THE USE OF REGISTERED AND CERTIFIED 

MAIL. 

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

1. Construction of Statutes. Amend chapter 7 of the Re- 
vised Laws (chapter 21, RSA) by inserting after section 32 
the following new section : 32-a. Registered Mail. The words 
"registered mail" when used in connection with the require- 
ment for notice by mail shall mean either registered mail or 
certified mail. 

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

[Approved June 30, 1955.] 



1955] Chapters 243, 244 369 

CHAPTER 243. 

AN ACT RELATIVE TO THE SALE OF NARCOTICS TO MINORS. 

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

1. Narcotics. Amend chapter 256 of the Revised Laws 
(chapter 318, RSA) by inserting after section 50 as amended 
by section 4, chapter 258, Laws of 1947, and section 7, 
chapter 224, Laws of 1951, the following new section: 50-a. 
Penalty, Sale to Minors. Any person who shall violate the 
provisions of section 50 of this chapter by selling, exchanging, 
delivering, exposing for sale, giving away, or having in his 
possession or custody with intent to sell, exchange, deliver or 
give away any narcotic drug to a minor shall be imprisoned for 
not less than three years nor more than ten years for a first 
conviction; for not less than five years nor more than fifteen 
years for a second conviction; and not less than fifteen years 
nor more than thirty years for a third conviction. 

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

[Approved July 5, 1955.] 



CHAPTER 244. 

AN ACT RELATING TO THE PLACING OF FILL IN GREAT PONDS. 

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

1. Public Waters. Amend chapter 266 of the Revised Laws 
(chapter 482, RSA) by inserting after section 28, as inserted 
by chapter 235, Laws of 1951, the following new subdivision: 

Placing Fill in Great Ponds 
29. Artificial Fill. No person, firm or corporation shall 
place or cause to be placed any fill below the mean high water 
level of any public waters in this state with the intent or with 
the effect of creating or forming filled land thereby, except as 
provided in this subdivision. The prohibition hereof shall not 
apply to the state, the federal government, or to municipal 



370 Chapter 244 [1955 

corporations, or to their agents acting within the scope of 
their official duties; nor to the construction of piers, wharves 
or piers designated or intended for the mooring of water craft 
or air craft. For the purposes hereof, great ponds are defined 
to be all public ponds of more than ten acres. 

30. Grant of Right. The governor and council, upon 
petition and upon the recommendation of the water resources 
board, may, for such consideration as they deem just, grant 
to an owner of shore line of a great pond the right to place 
fill in the bed of such pond before his shore line. Every petition 
to place fill in a bed of a great pond shall be referred to the 
water resources board, and said board, after due notice to 
abutters and others as deemed necessary, and upon such in- 
vestigation as shall be considered appropriate, shall make its 
recommendations to the governor and council with regard to 
such petition. If the board shall recommend that the petition 
be granted, in whole or in part, such recommendation shall 
include appropriate specifications and conditions necessary to 
the protection of public rights, and to the protection of the 
rights and privileges of persons owning land in the vicinity 
of the area to be filled by the petitioner. The grant of the 
governor and council shall be evidenced by an instrument in 
writing, executed by the governor and council and attested by 
the secretary of state and recorded in the county where the 
right is to be exercised. Land created by fill in accordance with 
the grant of the governor and council shall belong to the owner 
of the natural shore line as if it were formed by natural accre- 
tion. 

31. Procedure for Removal of Fill. If any person shall 
place fill in the bed of a great pond except as provided in this 
subdivision, he may be compelled to remove the same by the 
superior court upon a petition brought by the attorney general 
at the request of the water resources board. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 5, 1955.] 



1955] Chapters 245, 246 371 

CHAPTER 245. 

AN ACT RELATIVE TO PROTECTION OF PUBLIC WATER SUPPLY. 

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

1. Protection from Highways. Amend chapter 166 of the 
Revised Laws (chapter 148, RSA) by adding at the end thereof 
the following new section: 36. Highway Construction. No 

public highway, access roads, or private ways of any sort, 
shall be constructed so as to transverse any watershed tribu- 
tory to a lake, pond or reservoir used for the storage of public 
drinking water without first obtaining the approval of the 
state board of health. 

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

[Approved July 5, 1955.] 



CHAPTER 246. 

AN ACT RELATING TO ASSISTANCE TO MUNICIPALITIES BY TAX 
COMMISSION IN APPRAISING TAXABLE PROPERTY. 

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

1. State Tax Commission. Amend chapter 82 of the Re- 
vised Laws (chapter 71, RSA) by adding after section 28 
thereof the following new section : 29. Assistance to Mmiici- 

palities. The commission may assist any municipality in th^ 
appraisal and valuation of the taxable property therein upon 
written request by the proper municipal officers or when the 
municipality shall so vote, and the reasonable expense of com- 
mission employees not to exceed the actual cost thereof shall 
be paid to the commission by such municipality. Said reim- 
bursements shall be credited to the appropriation for the 
commission. 

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

[Approved July 5, 1955.] 



372 Chapter 247 [1955 

CHAPTER 247. 

an act relative to salaries of various county officials of 

Belknap, Cheshire, Coos, Grafton, Merrimack 

AND Strafford counties. 

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

1. County Sheriffs. Amend section 27, chapter 380 of the 
Revised Laws, as amended by chapter 195, Laws of 1943, chap- 
ter 189, Laws of 1945, section 2, chapter 2, Laws of 1947, 
section 3, chapter 202, Laws of 1947, section 1, chapter 256, 
Laws of 1947, chapter 291, Laws of 1947, chapter 235, Laws 
of 1953 (section 29, chapter 104, RSA) and as amended by 
section 1, chapter 172, Laws of 1955, by striking out said 
section and inserting in place thereof the following: 27. 
Salaries. The annual salaries of the sheriffs of the several 
counties shall be as follows: 

In Rockingham, fifteen hundred dollars. 
In Strafford, one thousand dollars. 
In Belknap, fifteen hundred dollars. 
In Carroll, twelve hundred dollars. 
In Merrimack, two thousand dollars. 
In Hillsborough, two thousand four hundred dollars. 
In Cheshire, fifteen hundred dollars. 
In Sullivan, eight hundred dollars. 
In Grafton, eighteen hundred dollars. 
In Coos, two thousand dollars. 
The salary of the sheriff of Grafton county shall be paid 
monthly. 

2. County Solicitors. Amend section 20 of chapter 24 of 
the Revised Laws, as amended by chapters 40 and 136, Laws 
of 1943, chapters 2, 27, 202, 213, 242, 263, 268 and 270 of the 
Laws of 1947, chapter 183, Laws of 1949 and chapters 108, 
122 and 179 of the Laws of 1953 (section 35, chapter 7, RSA) 
by striking out said section and inserting in place thereof the 
following: 20. Salaries. The annual salaries of the solici- 
tors in the several counties shall be as follows: 

In Rockingham, twenty-two hundred dollars. 
In Strafford, two thousand dollars. 
In Belknap, eighteen hundred dollars. 



1955] Chapter 247 373 

In Carroll, twelve hundred dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, thirty-three hundred dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, fifteen hundred dollars. 

In Grafton, twenty-four hundred dollars. 

In Coos, twenty-four hundred dollars. 

3. County Treasurers. Amend section 13, chapter 48 of 
the Revised Laws, as amended by chapter 66, Laws of 1945, 
chapter 257, Laws of 1947, chapter 179, Laws of 1953 (section 
14, chapter 29, RSA) and as amended by section 2, chapter 172, 
Laws of 1955, by striking out said section and inserting in place 
thereof the following : 13. Salaries. The annual salaries of 
the treasurers of the several counties to be in full for their 
services and allowances of every kind, except as hereinafter 
provided, shall be as follows: 

In Rockingham, eight hundred dollars. 
In Strafford, five hundred dollars. 
In Belknap, five hundred dollars. 
In Carroll, five hundred dollars. 
In Merrimack, six hundred dollars. 
In Hillsborough, twelve hundred dollars. 
In Cheshire, four hundred dollars. 
In Sullivan, four hundred dollars. 
In Grafton, five hundred dollars. 
In Coos, five hundred dollars. 
To the foregoing sums shall be added a reasonable sum for 
all necessary expenses upon order of the county commissioners. 

4. 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, chapters 66 and 163 of the Laws 
of 1945, chapters 202 and 284 of the Laws of 1947, chapters 
73 and 162 of the Laws of 1949, chapters 149 and 233 of the 
Laws of 1951 and chapters 90 and 123, Laws of 1953 (section 
28, chapter 28, RSA) by striking out said section and inserting 
in place thereof the following: 27. Commissioners. The 
annual salary of each commissioner of the following counties 
shall be as follows, payable monthly by the county: 



374 Chapter 248 [1955 

In Rockingham, eighteen hundred dollars. 

In Strafford, fifteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, thirty-five hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, fifteen hundred dollars. 

In Carroll county each commissioner, when employed in 
business of the county, shall receive ten dollars a day, payable 
as hereinbefore provided. 

To the foregoing sums shall be added, in all counties, a 
reasonable sum for all necessary expenses, upon order of the 
county auditors. 

5. Takes Effect. The foregoing provisions of sections 1 
and 3 which provide for an increase in the salaries of the 
sherifl^ and treasurer of the county of Coos shall take efl^ect 
as of January 1, 1956. The remaining provisions of this act 
shall take effect as of January 1, 1955. 
[Approved July 5, 1955.] 



CHAPTER 248. 

AN ACT RELATING TO DEPOSITS BY THE STATE TREASURER. 

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

1. State Treasurer. Amend section 6 of chapter 22 of the 
Revised Laws (section 7, chapter 6, RSA) by striking out said 
section and inserting in place thereof the following: 6. De- 
posits. The treasurer may deposit any portion of public 
monies, in his possession, in such national banks within the 
state or the state of Massachusetts or any such trust company 
incorporated under the laws of or doing business within the 
state or the state of Massachusetts as shall be approved at 
least once in six months by the governor and council, but the 
amount of collected funds on deposit in any one bank or trust 
company shall not at any time exceed the sum of its paid-up 



1955] Chapter 249 375 

capital and surplus. Other conditions being equal, those banks 
or trust companies shall receive preference which allow interest 
on balances. As used in this section the term "public monies" 
shall include the general funds of the state and any funds of 
which the state treasurer acts as custodian or agent, 

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

[Approved July 5, 1955.] 



CHAPTER 249. 



AN ACT RELATIVE TO TRANSFER OF LIQUOR LICENSES AND 
BEVERAGE PERMITS TO CLUBS IN CERTAIN CASES. 

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

1. Liquor Commission. Amend chapter 170 of the Revised 
Laws (chapter 178, RSA) by inserting after section 24 the 
following new section: 24-a. Transfer of Location, Any 
club holding a license hereunder or an on-sale permit may 
petition the commission for permission to operate under said 
license or permit at a location owned or controlled by the 
licensee other than that designated in such license or permit. 
The commission may grant such permission upon the following 
conditions: I. Notice of the number of days during which 
the new premises are to be used shall not exceed three days 
at any one time, nor more than twice in any one year, nor 
more than six single days, to any organization. IL The peti- 
tion has attached thereto written statements from the officials 
of the town where new premises located as follows: approval 
of chief of fire department as to safety of said premises, 
approval by health department as to sanitary accommodations 
and approval by chief of police department as to accessibility 
of said premises. III. During the time said additional premises 
are in use the premises at the original location shall be closed. 
IV. No games of chance of any sort shall be allowed at the 
additional premises which are so used under permission from 
the commission. 



376 Chapters 250, 251 [1955 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 5, 1955.] 



CHAPTER 250. 

AN ACT RELATIVE TO THE NEV\^ HAMPSHIRE SHORE AND BEACH 
PRESERVATION AND KINGSTON STATE PARK. 

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

1. Transfer. All of 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 chapter 5, part 12, section 
9 of the Laws of 1950, and as otherwise provided by law, are 
hereby transferred to the public works and highway depart- 
ment. • 

2. Kingston State Park. The recreation division of the 
forestry and recreation department is hereby directed to con- 
tinue to permit residents of the town of Kingston and their 
families, upon proper identification, to use the facilities of 
Kingston State Park on days other than Sundays and holidays 
without payment of any fees. 

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

[Approved July 6, 1955.] 



CHAPTER 251. 

AN ACT INCREASING THE MEMBERSHIP OF THE FISH AND GAME 

COMMISSION, AND RELATING TO THE TERM OF THE FISH 

AND GAME DIRECTOR. 

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

1. Fish and Game Commission. Amend section 2 of chap- 



1955] Chapter 252 377 

ter 240 of the Revised Laws (section 2, chapter 206, RSA) by 
striking out said section and inserting in place thereof the 
following: 2. Appointment. The commission shall consist 
of ten members, each well informed on the subject of wild life 
conservation and restoration, appointed by the governor with 
the advice of the council. Each member of the commission shall 
be a resident of a different county in the state and not more 
than six commissioners shall be of the same party. If a vacancy 
shall occur in said commission, it shall be filled in the same 
manner for the unexpired term. 

2. New Members. Amend section 3 of chapter 240 of the 
Revised Laws (section 3, chapter 206, RSA) by striking out 
the word ''one" in the third line and inserting in place thereof 
the word, two, so that said section as amended shall read as 
follows: 3. Terms. The members shall hold office for a 
term of five years, and each shall continue in office until his 
successor is appointed and qualified. Two members shall be 
appointed every year. 

3. Present Incumbents. Nothing herein shall affect the 
terms of office of the fish and game commissioners in office at 
the time this act shall take effect. 

4. New Appointments. As of June 29, 1955, the governor 
with the advice of the council shall appoint five new fish and 
game commissioners, in addition to the successor to the com- 
missioner whose term expires as of June 28, 1955. The terms 
of office of the five new appointees shall be one for the term of 
five years, one for a term of four years, one for a term of three 
years, one for a term of two years and one for a term of one 
year. 

5. Takes Effect. This act shall take effect July 1, 1955. 
[Approved July 13, 1955.] 



CHAPTER 252. 

AN ACT RELATIVE TO SALES OF ARMORIES. 

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

1. Sale of Armory. Amend chapter 245 of the Laws of 



378 Chapter 253 [1955 

1947 by inserting after section 6 (section 98, cliapter 110, 
RSA) the following new section: 6-a. Proceeds of Sale. 
Whenever the governor and council, acting under the authority 
of section 34 of chapter 27 of the Revised Laws shall sell, 
convey or transfer a now existing state armory, the proceeds 
of such sale, conveyance or transfer shall be deposited to the 
credit of the appropriation provided in section 1. Said proceeds 
are hereby appropriated for the purposes specified in said 
section 1, and shall be in addition to the appropriation therein 
made, to be expended in the manner prescribed in this chapter. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 13, 1955.] 



CHAPTER 253. 



AN ACT RELATIVE TO THE SALARY OF THE ASSOCIATE JUSTICE 
OF THE SOMERSWORTH MUNICIPAL COURT. 

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

1. Somersworth Municipal Court. Amend section 4 of 
chapter 377 of the Revised Laws as amended by chapters 179 
and 260 of the Laws of 1947, chapters 26, 105, 213 and 239 of 
the Laws of 1953 (section 8, chapter 502, RSA) by inserting 
after the words "of Laconia two hundred dollars" the words, 
of Somersworth two hundred dollars, so that said section as 
amended shall read as follows: 4. Compensation of Special 
Justices. The special justice and justice of the peace requested 
to sit owing to the disqualifications of the justice and special 
justice shall be paid, from the treasury of the city or town 
wherein said court is located, ten dollars a day for each day or 
part thereof that he shall serve in said capacity, provided that 
the annual salaries of the special justices of the municipal 
courts of the following cities and town shall be as follows, of 
Manchester two thousand dollars, of Nashua seventeen hundred 
dollars, of Dover two hundred dollars, of Concord one thousand 
dollars, of Portsmouth four hundred dollars, of Laconia two 
hundred dollars, of Somersworth two hundred dollars and of 



1955] Chapter 254 379 

Hampton one hundred and fifty dollars, to be paid by said cities 
and town, respectively, quarterly, and shall be in lieu of any 
other compensation or fees to such justices; provided, further, 
that the special justice of the municipal court of Berlin shall 
be paid from the treasury of the city six hundred dollars per 
annum. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 13, 1955.] 



CHAPTER 254. 

AN ACT CREATING AN INDUSTRIAL DEVELOPMENT AUTHORITY. 

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

1. Declaration of Need and Purpose. It is declared that 
there is a state-wide need for the development of additional 
industry and areas suitable for such development for the pres- 
ervation and betterment of the economy of the state and its 
inhabitants. It is the purpose of this act to provide for the 
establishment of such areas together with adequate trans- 
portation, water, sewage and other necessary facilities so as 
to provide and encourage orderly industrial development in 
the best interests of the state. It is further declared that the 
purposes of this act are public and that the industrial park 
authority, created hereunder, shall be regarded as performing 
a governmental function in the carrying out of the provisions 
of this act. 

2. Definitions. As used in this act the following words and 
terms shall have the following meanings: 

(1) The word "authority" shall mean The Industrial 
Park Authority. 

(2) The word ''board" shall mean the board of directors 
of said authority. 

(3) The word "project" shall be deemed to include all 
property, rights, easements and franchises relating thereto and 
deemed necessary or convenient for its operation, and shall em- 



380 Chapter 254 [1955 

brace all means of accomplishing the purposes set forth in 
section 1. 

(4) The words "cost of project" shall embrace the cost 
of construction, the cost of all lands, property, rights, ease- 
ments, and franchises acquired, which are deemed necessary 
for such construction, the cost of all machinery and equipment^ 
financing charges, interest prior to and during construction, 
cost of engineering and legal expense, plans, specifications, 
surveys, estimates of costs, and other expenses necessary or 
incident to determining the feasibility or practicability of any 
project together with such other expenses as may be necessary 
or incident to the financing herein authorized and the construc- 
tion of the project and the placing of the same in operation. 

3. Authority Created. There is hereby created The In- 
dustrial Park Authority which shall be a body corporate and 
politic as an agency of the state having the powers and juris- 
diction hereinafter enumerated and such other and additional 
powers as shall be conferred upon it by the legislature, 

4. Management. The management of said corporation shall 
be vested in a board of nine directors, who shall serve without 
compensation, one of whom shall be the chairman of the plan- 
ning and development commission, ex officio. The governor, 
with the advice and consent of the council, shall appoint the 
other eight members, one of whom shall be designated as 
chairman. Each appointed member shall hold office for three 
years, and until his successor shall have been appointed. Of 
the members first appointed, two shall be appointed for a term 
of one year, three for a term of two years, and three for a 
term of three years. 

5. Vacancy, Removal or Suspension. If a vacancy shall 
occur by death, resignation or otherwise of those appointed as 
directors of the authority, the governor, with the advice and 
consent of the council, shall fill the same for the unexpired 
term. The governor and council may at any time remove a 
director for inefficiency, neglect of duty, or malfeasance in 
office ; but no director shall be removed without a hearing, after 
notice in writing of the charges against him. 

6. Incorporation; Powers. The industrial park authority 



1955] Chapter 254 381 

shall be a corporation in the state of New Hampshire and shall 
have powers to 

(1) sue and be sued; 

(2) to have a seal and alter the same at pleasure; 

(3) to adopt from time to time and amend by-laws cover- 
ing its procedure, rules and regulations governing use of the 
industrial park or parks and any other services made available 
in connection with said park or parks, to publish the same, if 
such publication is necessary or advisable and to cause records 
of its proceedings to be kept; 

(4) to develop, construct facilities, maintain and operate 
an industrial park or parks; 

(5) to acquire, hold and dispose of personal property for 
its purposes; 

(6) to acquire in the name of the authority by gift, pur- 
chase, lease or otherwise, real property and rights or easements 
therein, deemed by it necessary or desirable for its purposes; 

(7) to acquire in the name of the authority security by 
way of mortgage deed or otherwise any property title to which 
may be in any corporation or body other than the authority 
and upon which facilities may be developed or constructed as 
provided herein; 

(8) to sell or lease plots of land and to charge and collect 
fees for services made available within the industrial park or 
parks, subject to and in accordance with such agreement with 
bondholders as may be made as hereinafter provided; 

(9) to make contracts with the state of New Hampshire 
or any agency thereof, towns or cities, public corporations or 
bodies, private corporations or individuals; 

(10) to accept grants and the cooperation of the United 
States or any agency thereof in the development, maintenance, 
operation and financing of industrial park or parks and to do 
any and all things necessary in order to avail itself of such aid 
and cooperation; 

(11) to employ such assistants, agents and consultants 
as it shall deem necessary or desirable for its purposes; 

(12) to borrow money, make and issue negotiable notes, 
bonds and other evidences of indebtedness or obligations of 
the authority and to secure the payment of such obligations 



382 Chapter 254 [1955 

or any part thereof by pledge or any part of the revenue of 
the industrial park or parks; 

(13) to develop as an industrial park real property owned 
by any local development corporation or foundation which has 
as its primary purpose the encouragement and development of 
industry; 

(14) to do all other lawful things necessary and inci- 
dental to the foregoing powers. 

All property of the authority shall be exempt from levy 
and sale by virtue of any execution and no execution or other 
judicial process shall be a lien upon its property held pursuant 
to the provisions hereof. 

7. Aid to Local Development Corporation. The authority 
may expend money upon such terms and conditions as pre- 
scribed by the authority to develop as an industrial park or 
area real property owned by any local development corporation, 
association or foundation, regardless of the particular name 
or manner of organization, provided it shall have as its primary 
function the promotion, encouragement and development of 
industrial growth. There is included in the authority granted 
by this section the right to construct upon such property a 
suitable industrial building as determined by the authority; 
provided, however, that it shall not construct on any property 
the legal title to which is not held by the authority more than 
one building or structure. Prior to the expenditure of any 
moneys for the development of such property or the construc- 
tion of any building the authority shall receive from the local 
organization security for the repayment of such moneys as 
may be expended. The security shall be in such form and 
amount as determined by the authority and shall include in 
each instance the property upon which such development will 
be made. 

8. Project Reports; Hearing and Order. Said industrial 
park authority before commencing any project, shall submit 
to the governor and council a report, including a detailed 
description and plan of the project, and a detailed estimate 
of the total cost thereof. The governor and council, upon re- 
ceiving such report, shall determine whether the proposed 
project will be of public use and benefit and within the au- 
thority conferred upon said corporation. They shall cause a 



1955] Chapter 254 383 

hearing to be held thereon and, if it shall appear that the 
project would be of public use and benefit and within the 
powers conferred upon said authority, they may, by written 
order, direct said authority to proceed with such project. The 
governor and council shall order notice of the hearing upon 
any such report to be given in such manner as they shall 
deem fit. 

9. Bonds Authorized. The authority is hereby authorized 
to provide by resolution from time to time for the issuance of 
bonds for the purpose of paying the costs of developing an 
industrial park or parks and its facilities. The bonds of the 
authority shall not be a debt of the state or of any agency or 
political subdivision thereof, except as provided in section 14, 
but shall be payable solely from the revenue of the industrial 
park or parks. Any provision of any law to the contrary not- 
withstanding any bonds issued pursuant to this act shall be 
fully negotiable. In case any of the members of the authority 
whose signatures appear on the bonds or coupons shall cease 
to be such members before the delivery of such bonds, such 
signatures shall nevertheless be valid and sufficient for all 
purposes the same as if such members had remained in office 
until such delivery. The authority may in the resolution au- 
thorizing prospective issues provide as to such bonds: 

(1) the manner of executing the bonds and coupons ; 

(2) the form and denomination thereof; 

(3) maturity dates thereof; 

(4) the interest rates thereon; 

(5) for redemption prior to maturity and the premium 
payable therefor; 

(6) the place or places for the payment of interest and 
principal ; 

(7) for registration if the authority deems such to be 
desirable ; 

(8) for the pledge of all or any of the revenue for secur- 
ing payment; 

(9) for the replacement of lost, destroyed or mutilated 
bonds ; 

(10) the setting aside of reserve and sinking funds and 
the regulation and disposition thereof; 



384 Chapter 254 [1955 

(11) for limitation on the issuance of additional bonds; 

(12) for the procedure, if any, by which the contract 
with the bondholder may be abrogated or amended; 

(13) for the manner of sale and purchase thereof; 

(14) for covenants against pledging of any of the reve- 
nue of the project; 

(15) for covenants fixing and establishing such prices, 
rates and charges for the use of the industrial park or parks 
and services made available therewith, so as to provide, at 
all times, funds which will be sufficient, (a) to pay all costs of 
operation and maintenance of such industrial park or parks 
and its facilities together with the necessary repairs thereto; 
(b) to meet and pay the principal and interest of all such 
bonds as they severally become due and payable and (c) for 
the creating of such revenues for the principal and interest of 
all such bonds and for the meeting of contingencies and the 
operation and maintenance of such industrial park or parks 
and its facilities as the authority shall determine; 

(16) for such other covenants as to such prices, rates 
and charges as the authority shall determine; 

(17) for covenants as to the rights, liabilities, powers 
and duties arising upon the breach by the authority of any 
covenant, condition or obligation; 

(18) for covenants as to the bonds to be issued and as 
to the issuance of said bonds in escrow and otherwise and as 
to the use and disposition of the proceeds thereof; 

(19) for covenants as to the use of its property and the 
maintenance and replacement thereof and the insurance to be 
carried thereon and the use and disposition of the insurance 
money ; 

(20) for limitations upon the exercise of the powers con- 
veyed upon the authority by this act; 

(21) for the issuance of such bonds in series thereof, and 

(22) the performance by the authority of any and all 
such acts and things as may be necessary or convenient or 
desirable in order to secure its bonds or in the absolute dis- 
cretion of the authority as will tend to make the bonds more 
marketable, notwithstanding that such acts or things may not 
be enumerated therein. 



1955] Chapter 254 385 

10. Interim Certificates. Prior to the issuance of the bonds 
hereunder the authority may issue interim certificates in such 
manner and with such conditions as the authority may deter- 
mine to be exchanged for such bonds when issued. 

11. Issuance of Notes and Purchase by the State Treasurer. 

The authority may issue to the state treasurer its notes, sub- 
ject to the limitation as provided in this act, in an amount 
outstanding at any one time sufficient to enable the authority 
to carry out its functions under this act or any other pro- 
vision of law, such notes to mature not more than three years 
from their respective dates of issue, to be redeemable at option 
of the authority before maturity in such manner as may be 
stipulated in such obligation. Each such obligation shall bear 
interest at a rate determined by the state treasurer, taking 
into consideration the current average rate on outstanding 
marketable obligations of the state as of the last day of the 
month preceding the issuance of the obligation of the author- 
ity. Notwithstanding the provisions of any other law, the state 
treasurer is authorized to purchase the notes of the authority 
to be issued hereunder and any funds over which the state has 
exclusive control may be used for this purpose. 

12. Debt Limitation. The authority shall not issue its 
notes or bonds as provided by this act at any one time in an 
amount exceeding one million dollars. 

13. Tax Exemption and Payment for Services in Lieu of 

Taxes. The property of the authority is declared to be public 
property and shall be exempt from all taxes and special assess- 
ments of the state or any political subdivision thereof; pro- 
vided that in lieu of such taxes the authority may agree to 
make payments to the municipality in which an industrial 
park is located for highway maintenance, fire protection or 
other services. 

14. Bonds Guaranteed. The governor with the advice and 
consent of the council is hereby authorized in the name of the 
state to guarantee, in such manner as may be determined, the 
payment of the whole or any part of the principal and interest 
of any bonds to be issued by the authority. The full faith and 
credit of the state shall be pledged to the performance of such 
guarantee of the state. In the event that the authority shall 



386 Chapter 255 [1955 

default in payment of interest or principal upon any of the 
bonds so guaranteed by the state, the governor with the advice 
and consent of the council may draw his warrant upon the 
treasury out of any money not otherwise appropriated for the 
payment of such interest or principal to the extent of such 
guarantee, and the sums so paid shall be recoverable from the 
authority. 

15. Biennial Report. The authority shall make a biennial 
report to the legislature setting forth in detail the operations 
and transactions conducted by it pursuant to this act. 

16. Separability Clause. If any provision of this act or 
the application thereof to any person or circumstance is held 
invalid, the remainder of this act and the application of such 
provision to other persons or circumstances shall not be affected 
thereby. 

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

[Approved July 14, 1955.] 



CHAPTER 255. 



AN ACT RELATIVE TO AUTHORITY OF TOWNS TO ENTER INTO 
COLLECTIVE BARGAINING CONTRACTS WITH LABOR UNIONS. 

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

1. Labor Union Contracts; Towns. Amend section 3 of 
chapter 51 of the Revised Laws (section 3, chapter 31, RSA) 
by inserting after the word "same" in the second line the 
words, may recognize unions of employees and make and enter 
into collective bargaining contracts with such unions; so that 
said section as amended shall read as follows : 3. In General. 
Towns may purchase and hold real and personal estate for the 
public uses of the inhabitants, and may sell and convey the 
same ; may recognize unions of employees and make and enter 
into collective bargaining contracts with such unions ; and may 
make any contracts which may be necessary and convenient 
for the transaction of the public business of the town. 



1955] Chapter 256 387 

,2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 14, 1955.] 



CHAPTER 256. 

AN ACT RELATIVE TO NATURE OF THE TAX ON TOBACCO PRODUCTS. 

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

1. Tobacco Products. Amend section 5 of chapter 79 of the 
Revised Laws as amended by section 4 of chapter 238 of the 
Laws of 1947 (section 7, chapter 78, RSA) by adding after the 
word "tax" in the first line the words, upon the retail consumer, 
so that said section as amended shall read as follows : 5. Tax 
Imposed. A tax upon the retail consumer, is hereby imposed 
at the rate of fifteen per cent upon the value of all tobacco 
products sold at retail in this state measured by the usual 
selling price. The payment of the tax shall be evidenced by 
affixing stamps to the smallest packages containing the tobacco 
products in which such products usually are sold at retail, but 
the word "package" as used herein shall not include individual 
cigars, cigarettes, or plugs or hanks of chewing tobacco, and 
such stamps shall be affixed in denominations of not less than 
one-half cent to an aggregate value nearest the tax hereby 
imposed. No tax is imposed on any transactions the taxation 
of which by this state is prohibited by the constitution of the 
United States. Each unclassified importer shall within twenty- 
four hours after receipt of any unstamped tobacco products 
in this state notify the tax commission of the amount and 
brands of tobacco products received and the name and address 
of the consignor. The tax commission, thereupon, shall notify 
the unclassified importer of the amount of the tax due thereon, 
at the rate of fifteen percent of the value thereof. Payment of 
the amount due the state shall be made within ten days from 
the mailing date of notice thereof. Any unclassified importer 
refusing to pay the tax on tobacco products imported by him 
within ten days after being notified of the amount of said tax 
by the tax commission, shall be subject to a fine of not less than 
twenty-five dollars or more than one hundred dollars. 



388 Chapter 257 [1955 

2. Presumption. Further amend chapter 79 of the Revised 
Laws (chapter 78, RSA) by inserting after section 5 thereof 
the following new section: 5-a. Nature of Tax. All taxes 
upon tobacco products under this chapter are declared to be a 
direct tax upon the consumer at retail and shall conclusively 
be presumed to be pre-collected for the purpose of convenience 
and facility only. 

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

[Approved July 14, 1955.] 



CHAPTER 257. 

AN ACT RELATIVE TO MILEAGE RATE FOR STATE EMPLOYEES USING 

PRIVATE CARS. 

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

1. State Officials and Employees. State officials and em- 
ployees using private cars in the conduct of official state busi- 
ness shall be reimbursed for mileage at the following rates, 
based on the number of miles travelled in any one fiscal year: 
For the first 12,000 miles seven cents per mile, for the next 
6,000 miles six cents per mile, and for all miles in excess of 
18,000 miles five cents per mile. 

2. Appropriation. The sum of fifty-nine thousand, five 
dollars, and twenty-one cents, or so much as may be necessary, 
is hereby appropriated for the various departments of the state 
for the additional mileage allowances provided herein, for the 
fiscal year ending June 30, 1956, and the sum of fifty-seven 
thousand six hundred and fifty dollars and ninety-eight cents, 
or so much as may be necessary for said purposes, is hereby 
appropriated for the fiscal year ending June 30, 1957. Of the 
above sum for the fiscal year ending June 30, 1956 the sum ,of 
twenty-six thousand eight hundred and ninety-six dollars and 
ninety-eight cents shall be a charge on the general funds and 
of said sum the sum of five thousand one hundred and seventy- 
four dollars and twenty-six cents shall be transferred to the 
special fund for the department of public welfare ; the balance 



1955] Chapter 258 389 

of said appropriation for said fiscal year shall be a charge upon 
the so-called self-sustaining funds and/or federal funds. Of the 
above sum for the fiscal year ending June 30, 1957, the sum 
of twenty-seven thousand, one hundred and forty-two dollars 
and eighteen cents shall be a charge on the general funds and 
of said sum the sum of five thousand one hundred and seventy- 
four dollars and twenty-six cents shall be transferred to the 
special fund for the department of public welfare; the balance 
of said appropriation for said fiscal year shall be a charge upon 
the so-called self-sustaining funds and/or federal funds. The 
governor is hereby authorized to draw his warrants for the 
sums hereby appropriated. 

3. Takes Effect. This act shall take effect as of July 1, 
1955. 
[Approved July 14, 1955.] 



CHAPTER 258. 



AN ACT RELATIVE TO THE ESTABLISHMENT OF A CENTRALIZED 
BUREAU FOR THE REPRODUCTION OF STATE DOCUMENTS. 

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

1. Authority Granted. The governor, whenever he finds 
that it would be in the best interests of the state to do so, may 
establish within any department of the state a bureau for the 
mimeographing, photostating, multilithing, microfilming, or 
reproducing by any other similar methods, of forms, letters, 
papers, reports and the like for the various state departments 
and agencies. 

2. Rules and Regulations. If such a bureau is established 
the governor may make rules and regulations relative to the 
reproduction of forms, letters, papers, reports and the like by 
said bureau. 

3. Personnel Transferred. The governor is hereby author- 
ized to transfer to the bureau of mimeographing any employee 
of any state department or agency, except as hereinafter pro- 
vided, authorized to do work on mimeographing, photostating 



390 Chapter 259 [1955 

or multilithing or other such machines and all unexpended 
appropriations and funds allocated for the payment of such 
employee's salary shall be transferred to the bureau so estab- 
lished. Any such employee so transferred or employed by the 
expenditure of such funds and appropriations shall be directly 
responsible to the head of the department wherein said bureau 
is established. 

4. Limitations. Provided however that no employee and 
funds shall be transferred under the authority of the preced- 
ing section where such transfer would affect the receipt of 
federal assistance in any way and provided further that no 
employee so transferred shall receive less compensation than 
he was receiving from the department from which transferred. 

5. Equipment and Funds Transferred. The governor is 
authorized to transfer to the bureau so established any equip- 
ment belonging to any department or agency used in the 
mimeographing, photostating, multilithing, microfilming or by 
any other method of reproducing forms, letters, papers, reports 
and the like, except in cases where such transfer would affect 
the receipt of federal aid to such department or agency. The 
governor is also authorized to transfer any materials used in 
connection with such reproducing machines and funds which 
may have been appropriated for the upkeep of such machines. 

6. Takes Effect. This act shall take effect as of July 1, 
1955. 

[Approved July 14, 1955.] 



CHAPTER 259. 



AN ACT RELATIVE TO INTEREST REFUNDS TO MEMBERS OF CREDIT 

UNIONS. 

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

1. Credit Unions. Amend chapter 315, Revised Laws, 
(chapter 394, RSA) by inserting after section 7 the following 
new section: 7-a. Interest Refund. After an amendment 
to the by-laws by the credit union members and subject to the 



1955] Chapter 260 391 

approval of the bank commissioner, a credit union may author- 
ize an interest refund to members of record at the close of 
business on June 30 in proportion to the interest paid by them 
during the year. 

2. Takes Effect. This act shall take effect as of June 30, 
1955. 
[Approved July 14, 1955.] 



CHAPTER 260. 



AN ACT RELATIVE TO PRACTICE OF MEDICINE AND SUSPENSION OF 
LICENSES IN CERTAIN CASES. 

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

1. Practice of Medicine. Amend chapter 250 of the Revised 
Laws (chapter 329, RSA) by inserting after section 14 the 
following new section: 14-a. Involuntary Commitment to 
the State Hospital. Whenever it is responsibly reported to the 
board that any licensee has been committed to the state hospi- 
tal by involuntary proceedings for the purpose of examination 
to determine his sanity, the board shall suspend his license to 
practice forthwith and such suspension shall continue until 
(1) the board is in receipt of a duly authenticated report of 
discharge from the state hospital; or (2) said licensee is able 
to demonstrate at a hearing before the board that he is phys- 
ically and mentally capable of practicing medicine without 
endangering the public. For the purpose of the foregoing the 
board will consider a certified copy of commitment papers to 
constitute adequate responsible information of said commit- 
ment. Applications to the board for a hearing for the purpose 
of determining physical and mental competence to practice 
medicine without endangering the public will not be entertained 
from any licensee while he is committed to and an inmate of 
the state hospital for the purpose of examination to determine 
his sanity when his commitment thereto was involuntary. 

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

[Approved July 14, 1955.] 



392 Chapter 261 [1955 

CHAPTER 261. 

AN ACT DIVIDING GRAFTON COUNTY INTO COMMISSIONER 
DISTRICTS. 

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

1. Grafton County. Amend section 1 of chapter 45 of the 
Revised Laws (section 1, chapter 64, RSA) by striking out 
said section and inserting in place thereof the following: 1. 
Election: Term. There shall be chosen at each biennial elec- 
tion, by ballot, by the inhabitants of the several towns in each 
county qualified to vote for state senators, a sheriff, a county 
solicitor, a county treasurer, a register of deeds, a register of 
probate and three county commissioners, each of whom shall 
take office on January first next succeeding his election, and 
shall hold the same for two years and until his successor is 
chosen and qualified, provided, however, that in the county of 
Grafton the inhabitants of the several towns in each of the 
commissioner districts, so qualified, shall choose at said elec- 
tion one commissioner for the district, 

2. Commissioner Districts. Amend chapter 45 of the Re- 
vised Laws (chapter 64, RSA) by inserting after section 1 the 
following new section: 1-a. Election. The county of Graf- 
ton is divided into three districts for the purpose of choosing 
county commissioners and each district is entitled to elect one 
commissioner. The districts for said county shall be formed 
and limited in manner following : District 1 : Canaan, Dor- 
chester, Enfield, Grafton, Hanover, Lebanon, Livermore, Lyme, 
Orford, Orange and Piermont; District 2: Bath, Benton, 
Bethlehem, Easton, Franconia, Haverhill, Landaff, Lisbon, 
Littleton, Lyman and Monroe ; District 3 : Alexandria, Ashland, 
Bridgewater, Bristol, Campton, Ellsworth, Groton, Hebron, 
Holderness, Lincoln, Plymouth, Rumney, Thornton, Warren, 
Waterville, Wentworth and Woodstock. 

3. Qualifications. Amend section 2 of chapter 45 of the 
Revised Laws (section 2, chapter 64, RSA) by striking out 
said section and inserting in place thereof the following: 2. 
Eligibility. No person is eligible to the office of sheriff, county 
solicitor, county treasurer, register of deeds, register of pro- 
bate, or county commissioner unless he is a resident of the 



1955] Chapter 262 393 

county for which he is chosen, and, in the case of the county 
commissioners of the county of Grafton unless he is a resident 
of the district for which he is chosen. No person shall hold 
two of said offices at the same time, and the acceptance of one 
of them shall be a resignation of the others. 

4. Takes Effect. This act shall take effect for the nomina- 
tion and election of Grafton county commissioners at the 
biennial election in 1956, but nothing herein shall be construed 
as affecting the term of office or the qualifications of county 
commissioners in office at the time the act takes effect. 
[Approved July 20, 1955.] 



CHAPTER 262. 

AN ACT RELATIVE TO NEGLECT OF HUSBAND OR FATHER TO 

SUPPORT WIFE AND CHILDREN AND NEGLECT OP MOTHER, 

AND RELATIVE TO TEMPORARY COURT ORDERS IN 

ANNULMENT PROCEEDINGS AND DIVORCES. 

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

1. Penalty Increased. Amend section 15 of chapter 340 of 
the Revised Laws as amended by chapter 178, Laws of 1949 
(section 23, chapter 460, RSA) by striking out the words "six 
months" in the sixth line and inserting in place thereof the 
words, one year, so that said section as amended shall read as 
follows : 15. Neglect by Husband or Father. If any husband 
or father shall neglect to maintain his wife or children when 
such wife or children are dependent upon his earnings for 
support, or neglects his employment or misspends his earnings 
so as not to provide for the support of his wife or children, he 
shall be imprisoned not more than one year, and fined not more 
than one hundred dollars, or both ; such fine, if any, to be paid 
or applied in whole or in part to the support of the wife or 
children as the court may direct. 

2. Care of Children. Amend section 15-a of chapter 340 of 
the Revised Laws, as inserted by section 2, chapter 178, Laws 
of 1949 (section 24, chapter 460, RSA) by striking out the 



394 ■ Chapter 262 [1955 

words, "six months" in the third line and inserting in place 
thereof the words, one year, so that said section as amended 
shall read as follows: 15-a. Neglect by Mother. If any 
mother shall neglect to provide for her legitimate or illegiti- 
mate children she shall be imprisoned not more than one year, 
and fined not more than one hundred dollars, or both ; such fine, 
if any, to bs paid or applied in whole or in part to the support 
of such children as the court may direct, 

3. Separate Maintenance. Amend section 14, chapter 339 
of the Revised Laws as amended by chapter 240, Laws of 1949 
(section 16, chapter 458, RSA) by inserting after the word 
"divorce" in the first line the words, annulment or a decree of 
nullity, so that said section as amended shall read as follows: 
14. Temporary Orders. After the filing of a libel for divorce, 
annulment or a decree of nullity, the superior court, or any 
justice thereof, may restrain either party from imposing any 
restraint upon the person or liberty of the other, or from 
entering the tenement wherein the other resides during the 
pendency of the libel and, during such pendency, may order a 
temporary allowance to be paid for the support of the other, 
and may make such orders respecting the custody and mainte- 
nance of the minor children of the parties as shall be deemed 
expedient and for the benefit of the children. 

4. Orders in Cases of Out of State Divorces. Amend chap- 
ter 339 of the Revised Laws by inserting after section 16 
(section 19, chapter 458, RSA) the following new section: 
1,6-a. Alimony and Support. The superior court shall have 
jurisdiction to make such orders or temporary orders of ali- 
mony to a divorced wife or of support to the children of 
divorced parents as justice shall require in cases where the 
decree of divorce was not granted in this jurisdiction, even 
though said divorce decree makes provision for alimony and 
support, provided the wife and the children are domiciled in 
this jurisdiction and the husband is served with process in this 
jurisdiction. 

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

[Approved July 20, 1955.] 



1955] Chapters 263, 264 395 

CHAPTER 263. 

AN ACT RELATIVE TO THE EFFECTIVE DATE OF AN ACT RELATIVE 
TO SCHOOL TUITION. 

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

1. Change in Effective Date. Amend section 3 of chap- 
ter 227 of the Laws of 1955 by striking out the figure "1955" 
and inserting in place thereof the figure, 1956, so that said 
section as amended shall read as follows: 3. Takes Effect. 
This act shall take effect as of July 1, 1956. 

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

[Approved July 22, 1955.] 



CHAPTER 264. 

AN ACT RELATIVE TO SEASON FOR TAKING WILD DEER. 

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

1. Wild Deer. Amend section 3 of chapter 242 of the 
Revised Laws, as amended by chapter 191, Laws of 1943, chap- 
ter 168, Laws of 1945, chapter 268, Laws of 1949 and section 1, 
chapter 245, Laws of 1953 (section 2, chapter 208, RSA) by 
striking out said section and inserting in place thereof the 
following: 3. Taking, Time. Wild deer, outside game pre- 
serves, may be hunted and taken from one-half hour before 
sunrise to one-half hour after sunset, in the counties of 
Grafton, Coos and Carroll from November first to November 
thirtieth, and in all other counties in the state from December 
first to December twenty-first, except that no deer shall be 
hunted or taken at any time on any island or in any waters in 
lakes and ponds. 

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

[Approved July 22, 1955.] 



396 Chapter 265 [1955 

CHAPTER 265. 

AN ACT RELATIVE TO DREDGING HAMPTON HARBOR, PROTECTION 

OF SHORE AT BOARS HEAD IN THE TOWN OF HAMPTON 

AND A STUDY OF SEACOAST EROSION PROBLEMS, AND 

THE Old Homestead Highway in Cheshire 
County. 

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

1. Hampton Harbor; Boars Head. Amend chapter 218 of 
the Laws of 1953 by inserting after section 1 the following 
new sections : 1-a. Dredging. The governor with the advice 
of the council is further authorized and empowered to dredge 
channels into and within Hampton harbor provided such dredg- 
ing can be accomplished within the funds made available under 
this act. Such dredging operations shall be under the direction 
and supervision of the commissioner of public works and high- 
ways. 

1-b. Shore Protection, Boars Head. The governor with 
the advice of the council is further authorized and empowered 
to construct such structures at Boars Head in the town of 
Hampton as may be necessary for shore protection at said 
location, provided such structures can be constructed within 
the funds made available under this act. Any construction 
hereunder shall be under the direction and supervision of the 
commissioner of public works and highways. 

2. Limitations. Amend section 11 of chapter 218 of the 
Laws of 1953 by striking out the words "and parking facilities" 
in the second and third lines and inserting in place thereof the 
words, or parking facilities, or dredging operations, or shore 
protection, so that said section as amended shall read as 
follows: 11. Contracts for Construction. All contracts for 
the construction of the said sea wall or walls or other struc- 
tures, or parking facilities, or dredging operations, or shore 
protection, hereunder shall be awarded to the lowest responsible 
bidder submitting a sealed bid after an advertisement calling 
for bids has been published at least once in each of two suc- 
cessive weeks in a newspaper in general circulation in New 
Hampshire. The first publication of such advertisement shall 
be not less than fourteen days prior to the date upon which 



1955] Chapter 266 397 

bids are received. Contracts shall be awarded in accordance 
with section 13, chapter 90-A, Revised Laws, as inserted by 
part 9, chapter 5, Laws of 1950. 

3. Study Authorized. The commissioner of public works 
and highways is hereby directed to cause a detailed study to 
be made of the entire seacoast of the state and of erosion 
problems relative thereto and to prepare a plan and estimates 
for such work as may seem to be necessary for the protection 
of the seacoast. Said commissioner shall file a report of the 
study hereunder with the secretary of state prior to December 
31, 1956 for the use of the 1957 session of the legislature. 

4. Old Homestead Highway. The highway running from 
the boundary line of the state with the commonwealth of 
Massachusetts in the town of Richmond, thence running 
through the town of Swanzey to the city of Keene, now known 
as Route 32, shall be named and hereafter called the Old 
Homestead Highway. The commissioner of public works and 
highways shall cause suitable markers to be erected on said 
highway showing the name thereof. 

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

[Approved July 22, 1955.] 



CHAPTER 266. 



an act to establish a comfort station at north beach in 

Hampton. 

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

1. Comfort Station at Hampton Beach. A sum not to ex- 
ceed thirty thousand dollars is hereby appropriated for the 
purpose of the construction and equipment of a comfort 
station to be located in the vicinity of North Beach in the town 
of Hampton. The sums made available hereunder shall be ex- 
pended by the recreation division of the forestry and recreation 
department provided that all plans for projects hereunder shall' 
be submitted to the governor and council and approved by 
them prior to the awarding of the contracts. 



398 Chapter 267 [1955 

2. Recreational Fund. The appropriation provided by 
section 1 shall be a charge upon the state recreational fund 
established by section 19-a of chapter 234, Revised Laws, as 
inserted by section 8, chapter 240, Laws of 1951, as amended 
by section 8, chapter 254, Laws of 1953 (section 20, chapter 
219, RSA). The sale of merchandise by the department of 
forestry and recreation in the facility provided by section 1 
shall be limited to sale by vending machines of cigarettes and 
beverages, 

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

[Approved July 22, 1955.] 



CHAPTER 267. 



AN ACT PROVIDING FOR FIXING A DATE FOR THE DETERMINATION 
OF STOCKHOLDERS OF RECORD OR THE CLOSING OF STOCK 
TRANSFER BOOKS. ' 

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

1. Business Corporations. Amend chapter 274 of the Re- 
vised Laws (chapter 294, RSA) by inserting after section 84 
the following new section: 84-a. Fixing a Record Date or 
Closing Books. By-laws of a corporation heretofore or here- 
after incorporated under the laws of the state may provide or 
be amended to provide that the board of directors may have 
authority: 

I. To fix in advance a date not exceeding sixty days prior 
to the date of (1) any meeting of stockholders (2) the pay- 
ment of any dividend (3) the making of any distribution to 
stockholders (4) the last day upon which the consent or dis- 
sent of stockholders may be effectively expressed for any 
purpose or (5) delivery of evidences of rights or interests 
arising out of any issue, change, conversion or exchange or 
capital stock, as a record date for the determination of the 
stockholders entitled (a) to notice of and to vote at any meet- 
ing and any adjournment thereof (b) to receive any dividend 
(c) to receive any distribution to stockholders (d) to consent 



1955] Chapters 268, 269 399 

or dissent for any purpose or (e) to receive delivery of evi- 
dences of rights or interests arising out of any issue, change, 
conversion or exchange of capital stock, and in such case only 
stockholders of record on such record date shall have such 
rights notwithstanding any transfer of stock upon the books 
of the corporation after the record date; or 

IL Without fixing such record date and for any of such 
purposes to close the stock transfer books of the corporation 
for all or any part of such period. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 22, 1955.] 



CHAPTER 268. 



AN ACT RELATIVE TO THE MARKING OF THE LINE DIVIDING THE 
STATE FOR THE PURPOSE OF THE TAKING OF DEER. 

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

1. Division of State for Taking Deer. The fish and game 
department is directed to erect, at every intersection of a 
public way and the line which divides the state for the purpose 
of open season for taking wild deer, a suitable marker which 
will show the location of said line. 

,2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 22, 1955.] 



CHAPTER 269. 

AN ACT TO INCREASE THE SALARIES OF THE COUNTY 
COMMISSIONERS OF HILLSBOROUGH COUNTY. 

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

1. County Commissioners. Amend section 27 of chapter 47 



400 Chapter 269 [1955 

of the Revised Laws, as amended by chapters 119, 150, 195 
and 202 of the Laws of 1943, chapters 66 and 163 of the Laws 
of 1945, chapters 202 and 284 of the Laws of 1947, chapters 73 
and 162 of the Laws of 1949, chapters 149 and 233 of the Laws 
of 1951, chapters 90 and 123, Laws of 1953 (section 28, chap- 
ter 28, RSA) and by section 4, chapter 247, Laws of 1955, by 
striking out the words "In Hillsborough, thirty-five hundred" 
and inserting in place thereof the words. In Hillsborough, three 
thousand seven hundred and fifty, so that said section as 
amended shall read as follows: 27. Commissioners. The 
annual salary of each commissioner of the following counties 
shall be as follows, payable monthly by the county: 

In Rockingham, eighteen hundred dollars. 

In Strafford, fifteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, three thousand seven hundred and fifty 
dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, fifteen hundred dollars. 

In Carroll county each commissioner, when employed in 
business of the county, shall receive ten dollars a day, payable 
as hereinbefore provided. 

To the foregoing sums shall be added, in all counties, a rea- 
sonable sum for all necessary expenses, upon order of the 
county auditors. 

2. Takes Effect. The foregoing provisions of section 1 
which provide for an increase in the salaries of the commis- 
sioners of the county of Hillsborough shall take effect upon the 
passage of this act. The remaining provisions hereof shall take 
effect as of January 1, 1955. 
[Approved July 22, 1955.] 



1955] Chapters 270, 271 401 

CHAPTER 270. 

AN ACT RELATING TO SOLICITATION OF FUNDS FOR CHARITABLE 

PURPOSES. 

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

1. Charitable Purposes. Amend section 89 of chapter 51 
of the Revised Laws (RSA 31:91) by striking out said section 
and inserting- in place thereof the following: 89. Soliciting 
Funds. The right to grant permits for soliciting funds for 
charitable purposes and for the sale of tags, flowers or other 
objects for charitable purposes shall be vested in the mayor 
and aldermen of a city or the selectmen of towns. 

,2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 22, 1955.] 



CHAPTER 271. 

AN ACT RELATIVE TO SALARIES OF COURT STENOGRAPHERS. 

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

1. Court Stenographers. Amend section 26 of chapter 395 
of the Revised Laws as amended by section 1, chapter 176, 
Laws of 1947, section 1, chapter 95, Laws of 1949, section 12, 
chapter 221, Laws of 1951, and section 1, chapter 257, Laws 
of 1953 (section 26, chapter 519, RSA) by striking out the 
words "three thousand eight" in the seventh line and inserting 
in place thereof the words, four thousand five, so that said 
section as amended shall read as follows: 26. Appointment. 
The superior court, acting as a body, may appoint not more 
than seven official state court stenographers who shall report 
the proceedings of tlie superior court of any county to which 
they may from time to time be assigned by said court. Each 
court stenographer shall be sworn to the faithful discharge of 
his duties and shall receive from the state an annual salary 
of four thousand five hundred dollars. He shall take full notes 
of all oral testimony aiid other proceedings in the trial of 



402 Chapter 272 [1955 

causes either at law or in equity including the charge of the 
justice in all trials before a jury and all comments and rulings 
of said justice in the presence of the jury during the progress 
of the trial as well as all statements and arguments of counsel 
addressed to the court, and during the trial shall furnish for 
the use of the court or either of the parties a transcript of 
so much of his notes as the presiding justice may direct. He 
shall also furnish a transcript of so much of the evidence and 
other proceedings taken by him as either party to the trial 
may require, on payment therefor by such party at the rate 
fixed by the court as provided in section 29. 

2. Additional. Amend section 30 of chapter 395 of the 
Revised Laws as amended by section 4, chapter 176, Laws of 
1947 (section 31, chapter 519, RSA) by striking out the words 
"twelve dollars and fifty cents" in the third and fourth lines 
and inserting in place thereof the words, fifteen dollars, 
so that said section as amended shall read as follows: 30. 
Stenographic Hire. The superior court may employ such addi- 
tional stenographic assistance as it may require and stenog- 
raphers so employed shall be allowed fifteen dollars per day 
and shall be reimbursed for their actual expenses when away 
from home. 

3. Takes Effect. This act shall take effect July 1, 1955. 
[Approved July 22, 1955.] 



CHAPTER 272. 



AN ACT AUTHORIZING THE CREATION OF REGIONAL PLANNING 

COMMISSIONS. 

Whereas under the provisions of the Federal Housing Act 
of 1954 grants in aid are available for regional and municipal 
planning, and 

Whereas existing New Hampshire regional planning en- 
abling legislation is limited in its authority to permit accept- 
ance of grants, and 

Whereas by broadening the authority in the regional 
planning enabling statute groups of communities may make 



1955] Chapter 272 403 

application for grants in aid under the Federal Housing Act 
of 1954, and 

Whereas amendment of section 37, chapter 53, Revised 
Laws, is desirable, 

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

1. Regional Planning Permitted. Amend chapter 53 of the 
Revised Laws by striking out sections 37 and 38 (section 37, 
chapter 36, RSA) and inserting in place thereof the following 
new subdivision: 

Regional Planning Commissions 

37. Purposes. The purpose of this subdivision shall be 
to enable municipalities and counties to join in the formation 
of regional planning commissions whose duty it shall be to 
prepare a coordinated plan for the development of a region, 
taking into account present and future needs, with a view 
toward encouraging the most appropriate use of land, such 
as for agriculture, forestry, industry, commerce, and housing; 
the facilitation of transportation and communications; to 
proper and economic location of public utilities and services; 
the development of adequate recreational areas ; the promotion 
of good civic design ; and the wise and efficient expenditure of 
pubhc funds. The aforesaid plan shall be made in order to 
promote the health, safety, morals, and general welfare of the 
region and its inhabitants. 

38. Formation of Regional Planning Commissions. Two 

or more municipalities having planning boards may, by ordi- 
nance or resolution adopted by the respective legislative bodies 
of said municipalities, become members of a regional planning 
commission. Each municipality which shall become a member 
of a regional planning commission shall be entitled to two 
representatives on said commission. A municipality with a 
population of over 10,000 but less than 25,000 shall be entitled 
to have three representatives on said commission, and a muni- 
cipality with a population of over 25,000 shall be entitled to 
have four representatives on said commission. Population as 
set forth in this section shall be deemed to be determined by 
the last federal census. Representatives to a regional planning 
commission shall be nominated by the planning board of each 



404 Chapter 272 [1955 

municipality from the residents thereof and shall be appointed 
by the municipal officers of each municipality. In any county 
or counties in which a regional planning commission has been 
formed, the county may, by resolution of its county commis- 
sioners, become a member of said regional planning commission 
and shall be entitled to appoint two representatives on said 
commission. The terms of office of members of a regional plan- 
ning commission shall be for four years, but initial appoint- 
ments shall be for two and four years. In municipalities entitled 
to three or more representatives, initial appointments shall be 
for two, three, and four years. Vacancies shall be filled for 
the remainder of the unexpired term in the same manner as 
original appointments. 

39. General Powers and Duties. A regional planning 
commission's powers shall be advisory, and shall generally 
pertain to the development of the region within its jurisdiction 
as a whole, or to problems which involve a combination of four 
or more municipalities or counties. Nothing in this subdivision 
shall be deemed to reduce or limit any of the powers, duties, 
or obligations of planning boards in individual municipalities. 
The area of jurisdiction of a regional planning commission 
shall include the areas of the respective municipalities form- 
ing such commission and may include all or part of any county 
or counties which is a member of said regional planning com- 
mission. It shall be the duty of a regional planning commission 
to prepare a comprehensive master plan for the development 
of the region within its jurisdiction, including the commission's 
recommendations, among other things, for the use of land 
within the region ; for the general location, extent, type of use, 
and character of highways, major streets, intersections, park- 
ing lots, railroads, aircraft landing areas, waterways and 
bridges, and other means of transportation, communication, 
and other purposes; for the development, extent, and general 
location of parks, playgrounds, shore front developments, park- 
ways, and other public reservations and recreation areas; for 
the location, type, and character of public buildings, schools, 
community centers, and other public property; and for the 
improvement, redevelopment, rehabilitation, or conservation 
of residential, business, industrial and other areas; including 
the development of programs for the modernization and co- 
ordination of building, housing, zoning and subdivision regu- 



1955] Chapter 272 405 

lations of municipalities and their enforcement on a coordinated 
and unified basis. A regional planning commission may author- 
ize its employees or consultants to render assistance on local 
planning problems to any municipality or county which is not 
a member of said regional planning commission. The cost of. 
such assistance shall be paid entirely by the municipality or 
county to which the service is rendered or partly by said muni- 
cipality or county and partly by any gift, grant, or contribution 
which may be available for such work or by combination 
thereof. Said commission shall keep a strict account of the 
cost of such assistance and shall provide such municipality or 
county with an itemized statement. 

40. Organization, Officers, and By-Laws. A regional 
planning commission shall elect annually from among its mem- 
bers a chairman, vice-chairman, and such other officers as it 
deems necessary. Meetings shall be held at the call of the 
chairman and at such other time as the commission may 
determine. A commission shall keep minutes of its proceedings 
and such minutes shall be filed in the office of the commission 
and shall be a public record. A commission may adopt such 
by-laws as it deems necessary to the conduct of its business. 

41. Finances. A regional planning commission shall 
determine on a reasonable and equitable basis the proportion 
of its costs to be borne respectively by each municipality or 
county which is a member of said commission. A commission 
may accept and receive, in furtherance of its functions, funds, 
grants and services from the federal government or its 
agencies, from departments, agencies and instrumentalities of 
state, municipal or local government, or from private and civic 
sources. Such funds may be used in conjunction with other 
funds from federal or state governments or from gifts, grants, 
or contributions available for such work. Municipalities or 
counties are hereby authorized to appropriate funds to the use 
of a regional planning commission and to furnish a regional 
planning commission legal or other services which it may deem 
reasonable. Failure upon the part of any municipality or 
county to pay its proportionate share of the cost as determined 
by a regional planning commission shall constitute a termina- 
tion of such municipality's or county's membership on said 
commission. Municipalities or counties are hereby authorized 



406 Chapter 272 [1955 

to enter into contracts with a regional planning commission 
for the furnishing of funds or services in connection with the 
preparation of a comprehensive regional master plan and any 
special planning work to be done by a regional planning com- 
mission for any member municipality or county. Within the 
amounts appropriated to it or placed at its disposal by gift, 
grant, or contribution, a regional planning commission may 
engage employees, contract with professional consultants, rent 
offices, and obtain such other goods or services as are necessary 
to it in the carrying out of its proper functions. 

42. Relationship to Local Planning Boards. A regional 
planning commission may assist the planning board of any 
municipality which is a member of said commission to carry 
out any regional plan or plans developed by said commission, 
A regional planning commission may render assistance on 
local planning problems to any municipality or county which 
is a member of said regional planning commission. The amount 
of such planning assistance shall be apportioned among the 
member municipalities on the basis of the municipalities' con- 
tribution to the regional planning commission, together with 
grants or gifts which are received in behalf of the municipality 
by the regional planning commission. A regional planning com- 
mission may make recommendations on the basis of its plans 
and studies to any planning board, to the legislative body of 
any city and to the selectmen of any town within its region, to 
the county commissioners of the county or counties in which 
said region is located, and to any state or federal authorities. 
Upon completion of a comprehensive master plan for the region 

, or any portion of said comprehensive master plan, a regional 
planning commission may file certified copies of said com- 
prehensive master plan or portion thereof with the planning 
board of any member municipality. Such planning boards may 
adopt all or any part of such comprehensive master plan which 
pertains to the area within its jurisdiction as its own master 
plan, subject to the requirements of sections 10, 11 and 12, 
chapter 53 of the Revised Laws of New Hampshire 1942. 

43. Assistance to Urban Renewal by Municipalities and 
Other Public Bodies. In cooperation with the member munici- 
palities or their planning boards and/or housing authorities 
and with the federal and state governments, a regional plan- 



1955] Chapter 273 407 

ning commission is hereby authorized to do any and all things 
necessary to aid and cooperate in the planning and undertaking 
of urban renewal projects. 

44. Workable Program. The regional planning commis- 
sion in cooperation with the member municipalities or their 
planning boards and/or housing authorities is hereby author- 
ized to prepare a workable program, which may include an 
official plan of action, as it exists from time to time for 
effectively dealing with the problem of urban slums and 
blighted, deteriorated, or deteriorating areas within the com- 
munity and for the establishment and preservation of a well 
planned community with well organized residential neighbor- 
hoods of decent homes and suitable living environment for 
adequate family life; for utilizing appropriate private and 
public resources to eliminate, and prevent the development or 
spread of, slums and urban blight and deterioration, to en- 
courage needed urban rehabilitation, to provide for the rede- 
velopment of blighted, deteriorated, or slum areas, or to 
undertake such of the aforesaid activities or other feasible 
activities as may be suitably employed to achieve the objectives 
of such a program. 

.2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 22, 1955.] 



CHAPTER 273. 



AN ACT RELATIVE TO ELECTION CAMPAIGN RECEIPTS AND 
EXPENDITURES AND THEIR PUBLICATION. 

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

1. Elections. Amend chapter 42 of the Revised Laws, as 
amended by chapter 185, Laws of 1945, chapter 205, Laws of 
1947, section 2, chapter 230, Laws of 1951 and sections 6 to 10 
inclusive, chapter 190, Laws of 1953 (chapter 70, RSA) by 
striking out said chapter and inserting in place thereof the 
following : 



408 Chapter 273 [1955 

Chapter 42 
Campaign Receipts and Expenditures and their Publication 

Definitions 

1. Terms Defined. 

I. The word "election" shall mean any general biennial 
or special election, political party primary, and presidential 
preference and delegate primary. 

II. The word "candidate" shall mean any person for 
whom votes are sought in an election. 

III. The phrase "political committee" shall mean any 
organization of two or more persons to influence elections or 
measures, including the political committee of a party as here- 
inafter defined. 

IV. The phrase "political party" or the word "party" 
shall mean any political organization or number of persons 
which can nominate candidates in any manner prescribed by 
law and has done so for the current election. The definition 
of the word "party" contained in section 1, chapter 33, Revised 
Laws, shall not apply to this chapter. 

V. The phrase "thing of value" shall not include 
services of volunteers who receive no pay therefor. 

Prohibited Political Contributions 

2. Limitations. No gift, payment or contribution of 
money or thing of value, whether tangible or intangible, shall 
be made to a candidate, a political committee, or political party 
or in behalf of a candidate, political party, or measure, directly 
or indirectly, for the purpose of promoting the success or 
defeat of any candidate, political party or measure: 

I. By any corporation, or by any officer, director, execu- 
tive, agent or employee acting in behalf of such corporation, 
or by any organization representing or affiliated with one or 
more corporations or by any officer, director, executive, agent 
or employee acting in behalf of such organization. 

II. By any partnership as such or by any partner act- 
ing in behalf of such partnership. 

III. By any labor union or group of labor unions, or by 
any officer, director, executive, agent or employee acting in 
behalf of such union or group of unions; or by any organiza- 
tion representing or affiliated with any sudh union or group 



1955] Chapter 273 409 

of unions, or by any officer, director, executive, agent or 
employee acting in behalf of such organization. 

IV. By any person employed in the classified service of 
the state, or by the spouse or minor child of such person. 

V. By any person (1) if in excess of $5,000 in value, 
except for contributions made by a candidate on behalf of his 
own candidacy, (2) if made anonymously or under a name not 
that of donor, (3) if made in the guise of a loan, (4) if in any 
other manner concealed, (5) if made without the knowledge 
and written consent of the candidate or his fiscal agent, a 
political committee or its treasurer, or not to any one of the 
same. 

3. Prohibited Contributions. No candidate or fiscal 
agent, political committee or treasurer thereof nor any other 
person shall solicit or accept any contribution prohibited by 
section 2. 

Prohibited Political Expenditures 

4. Amounts Established. No expenditure, contract there- 
for, or use of a contribution of money or thing of value, tan- 
gible or intangible, shall be made for the purpose of promoting 
the success or defeat of any party, measure or person 

I. By a candidate or in his behalf in a primary, a sum 
in excess of the following amounts: 

(1) Governor, or presidential preference primary 
candidate, twenty-five thousand dollars. 

(2) United States senator, twenty-five thousand 
dollars. 

(3) Representative in congress, twelve thousand 
five hundred dollars. 

(4) Delegate-at-large to party convention, five thou- 
sand dollars. 

(5) District delegate to party convention, twenty- 
five hundred dollars. 

(6) Alternate delegate-at-large to party convention, 
twelve hundred fifty dollars. 

(7) Alternate district delegate to party convention, 
six hundred twenty-five dollars. 

(8) Councilor, two thousand dollars. 



410 Chapter 273 [1955 

(9) County officer or state senator, one thousand 
dollars, 

(10) Representative to the general court, two hun- 
dred fifty dollars. 

In determining- whether a candidate has exceeded the sum 
fixed in this paragraph, no account shall be taken of the follow- 
ing items : The candidate's contribution to the state committee,, 
his filing fee, or his expenditures for personal travel and sub- 
sistence expenses. The sums fixed in this paragraph shall 
include all expenditures, contracts therefor, and use of con- 
tributions of money or things of value, tangible or intangible, 
by a candidate or by others, including political committees, 
in his behalf and with his knowledge during the period of 
time he or others in his behalf and with his knowledge seeks 
votes for him to and including the date of the primary. 

II. By or on behalf of a candidate other than in a 
primary, a sum in excess of the following amounts: 

(1) Presidential elector, governor or United States 
senator, twenty thousand dollars. 

(2) Representative in congress, ten thousand dol- 
lars. 

(3) Councilor, two thousand dollars. 

(4) County officer or state senator, one thousand 
dollars. 

(5) Representative to the general court, two hun- 
dred fifty dollars. 

In determining whether a candidate has exceeded the sum 
fixed in this paragraph, no account shall be taken of the items 
excluded in such determination in paragraph I. The sums fixed 
in this paragraph shall include all expenditures, contracts 
therefor, and use of contributions of money or things of value, 
tangible or intangible, by a candidate or by others, including 
political committees, in his behalf and with his knowledge 
during the time between the date of his nomination to and 
including the date of election, except by the political com- 
mittees of the political party to which he belongs. 

III. By a political committee without the knowledge 
and written consent of the candidate supported or his fiscal 
agent, or to such candidate or his fiscal agent. This paragraph 



1955] Chapter 273 411 

shall not apply to political committees of the party to which 
the candidate belongs in elections other than primaries. 

IV. By a political committee organized in favor or 
against a statewide referendum on any question, including a 
proposed constitutional amendment, or any measure proposed 
for a local referendum on a statewide basis, a sum in excess of 
ten thousand dollars. 

V. By the state committee of any political party, a sum 
in excess of one hundred thousand dollars from the day follow- 
ing each biennial election to the day of the ensuing biennial 
election. By the congressional district committee of any politi- 
cal party for the same period, a sum in excess of ten cents per 
vote multiplied by the total number of votes cast in said district 
in the last preceding presidential election, or if such party had 
no candidate in such election, a sum in excess of ten thousand 
dollars. By the county committee of any political party for 
the same period, a sum in excess of ten cents per vote multiplied 
by the total number of votes cast in said county in the last 
preceding presidential election, or if such party had no candi- 
date in such election, a sum in excess of one thousand dollars. 
By the city, town or other electoral district political committee 
of any political party in the same period, a sum in excess of 
fifteen cents per vote multiplied by the total number of votes 
cast in said city, town or other electoral district in the last 
preceding presidential election, or if such party had no candi- 
date in such election, a sum in excess of five hundred dollars 
in a city or other political subdivision and two hundred fifty 
dollars in a town. Sums transmitted to the national committee 
of any political party or any of its divisions shall not be deemed 
an expenditure for the purposes of this subsection. The collec- 
tion of money by a finance committee of a political party, 
which merely collects and allocates the same to the various 
political committees of such party, without itself making any 
expenditures to influence an election, shall not be subject to 
separate limit or reportable separately under this chapter; 
but the political committee or committees to which such con- 
tributions are allocated shall report such contributions by 
name and address of each contributor in making their indivi- 
dual reports as herein elsewhere provided, and the sums 
allocated to and accepted by each shall be counted toward its 
legal limit hereunder. 



412 Chapter 273 [1955 

VI. By any person, candidate or political committee, 
for political advertising in a newspaper, periodical, or on a radio 
or television broadcast, or on a billboard, if at a rate more or 
less than the applicable rates required to be filed with the 
secretary of state. 

VII. By or on behalf of any candidate, political com- 
mittee or party for advertising space in the printed programs 
for meetings or conventions of business organizations, labor 
organizations, agricultural organizations, veteran organiza- 
tions, religious organizations, fraternal organizations, lodges, 
secret societies, clubs, schools, fairs, or similar groups. 

Publication of Political Contributions and Expenditures 

5. State Committees. The state committee of a political 
party shall, not later than the Wednesday preceding a biennial 
or special election before the close of the business day, file with 
the secretary of state, an itemized statement, signed and sworn 
to by its chairman and treasurer, showing each of its receipts 
with the full name and post-office address of the contributor 
and the amount of the contribution, and each of its expendi- 
tures or contracts calling for expenditures, with the full name 
and address of persons, corporations, committees, or to whom- 
ever paid or to be paid, with the specific nature and amount 
of each expenditure, since the date of the last election ; except, 
if contributions through a local party committee or disburse- 
ments to a local party committee do not exceed three hundred 
dollars per committee, no detailed accounting of the further 
source or recipients of such amounts need be made. Not later 
than the second Friday after said election before the close of 
the business day another itemized statement, signed and sworn 
to by the same officers, shall be likewise filed. Enough addi- 
tional copies of the statement shall be filed to provide a copy 
for the state committee of each party on the ballot, which they 
may obtain by application to the secretary of state. 

6. Major Candidates. Each candidate at the primary or 
election for governor, presidential elector. United States sena- 
tor, representative in congress, delegate-at-large or district 
delegate to a national party convention, and the fiscal agent 
designated by the nominators of any candidacy in the presi- 
dential preference primary, shall file statements before and 
after an election in like manner and detail of each receipt and 



1955] Chapter 273 413 

expenditure covering the period of his candidacy or election 
campaign, including expenditures, contracts therefor and used 
contributions made by others on his behalf and with his written 
consent or that of his fiscal agent; excepting, however, the 
expenditures of political committees of the party to which the 
candidate belongs in elections other than primaries. 

7. Other Candidates. Each candidate at the primary or 
election for councilor, state senator, county officer, or repre- 
sentative to the general court, and candidates for alternate 
delegate-at-large and alternate district delegate to a national 
party convention, who has expended a sum in excess of two 
hundred dollars, shall, not later than the second Friday after 
said primary or election before the close of the business day, 
file with the secretary of state, and with the town or city clerk 
for the town or city in which he resides, a statement in like 
manner and detail of each receipt and expenditure, covering 
the period of the candidacy or election; excepting, however, 
the expenditures of political committees of the party to which 
the candidate belongs in elections other than primaries. 

8. Political Committees. Each other political committee 
at the primary or election, which has expended a sum in excess 
of two hundred dollars, shall, not later than the Wednesday 
preceding an election before the close of the business day, file 
with the secretary of state, a statement in like manner and 
detail of each receipt and expenditure, and, not later than the 
second Friday after an election before the close of the business 
day, another statement in like manner and detail of each receipt 
and expenditure. If the political committee is organized to 
support a candidate in any election, it shall first secure the 
written consent of the candidate or his fiscal agent, before it 
receives or spends any money or thing of value, and its officers 
shall file such written consent with the secretary of state 
immediately ; but this limitation shall not apply to the political 
committee of the party to which the candidate belongs in 
elections other than primaries. 

9. Expenditures Under Two Hundred Dollars. Each 
candidate or political committee which does not spend in excess 
of two hundred dollars at a primary or election shall, not later 
than the second Friday after the primary or election before 
the close of the business day, file with the secretary of state. 



414 Chapter 273 [1955 

and with the town or city clerk for the town or city in which 
the candidate resides, a sworn statement that receipts and 
expenditures have not exceeded two hundred dollars. 

10. Social Activities. Outings, dinners and social affairs 
conducted by political committees, clubs and others at which 
each person attending pays a sum approximating closely the 
cost of his own food, sustenance or entertainment shall not, 
as to such payments and disbursements therefrom, be deemed 
reportable or limited receipts or expenditures under this 
chapter. 

11. Public Inspection. All statements, assents and regis- 
trations filed by state committees, candidates, and political 
committees shall be open to public inspection. 

Duties, Advertising, and Complaints 

12. Fiscal Agent. As a part of the declaration of candi- 
dacies filed by candidates for governor. United States senator, 
representative in congress, councilor, state senator and county 
officer and other primary candidacies, every such candidate 
shall designate some person, who may be the candidate him- 
self, as his financial agent for the purpose of the primary 
campaign, or if his candidacy for such office is established by 
a primary petition, there shall be annexed to the petition the 
name of the fiscal agent for such candidate. The nominating 
petitions of presidential preference primary candidates for 
president and vice president shall likewise designate thereon 
the name of the fiscal agent of such candidate. All sums ex- 
pended or contracted for payment in tlie primary campaign in 
behalf of such candidate shall be reported by the candidate 
and/or his political committee to his fiscal agent, and the 
candidate or his fiscal agent shall make or approve all dis- 
bursements in behalf of his candidate subsequent to his 
designation as fiscal agent and join with the candidate in 
making and filing the statements required by this act. 

13. Committee Treasurer. Each political committee shall 
have a treasurer, who shall be a citizen of this state, and shall 
receive and pay out all money handled by the committee. If 
there be no treasurer, or if he fails to make a report, it shall 
be the duty of each member of said committee who receives 
or pays out any money in behalf of said committee to make 



1955] Chapter 273 415 

such a report or to cause the same to be made. No member of 
such committee shall make or permit any unlawful expenditure 
or act by said committee, in whole or in part, or consent thereto, 
or aid, abet or conspire to make or permit the same. 

14. Political Advertising. All political advertising or 
literature, in newspapers or other periodicals, on radio or 
television, on billboards, window cards, circulars, pamphlets, 
or of whatever nature, shall be signed at the end with the 
names and addresses of the candidate, his fiscal agent, or the 
name and address of the chairman or the secretary of a 
political committee, or the name and address of a voter, accord- 
ing to whether a candidate, political committee, or voter is 
responsible for it. Said signature thereto shall clearly designate 
the name of the candidate, party or political committee by or 
on whose behalf the same is published or broadcast. In the 
case of printed or written matter, the said signature and 
address of signer shall be printed or written in a size of type 
or lettering large enough to be clearly legible, 

I. Political advertising printed in newspapers, periodi- 
cals or billboards shall be marked at the beginning thereof 
"Political advertising." Persons or corporations operating a 
radio or television station shall broadcast political advertising 
only after announcing it as such. 

II. Rates for advertising shall be filed with the secre- 
tary of state by each person or corporation publishing a 
newspaper or periodical, operating a radio or television station, 
or selling billboard space. Such schedule shall be open to public 
inspection. Such schedules may be amended from time to time 
but at no time shall exceed the rate or rates regularly charged 
by such person or corporation for commercial advertising or 
for similar commercial broadcasts or telecasts. 

III. A person or corporation publishing a newspaper 
or periodical or selling billboard space or operating a radio or 
television station shall not publish, print or broadcast any 
political advertising by or on behalf of a candidate in a political 
party primary unless the same shall be signed by or authorized 
in writing by the candidate or his fiscal agent. 

15. Notice to Candidates. The secretary of state shall 
give or send by mail a copy of this chapter to each person who 
shall file a declaration of candidacy before any primary, or in 



416 Chapter 273 [1955 

behalf of whom primary petitions or a primary certificate shall 
be filed. 

16. Complaints. Any person voted for at an election for 
any office, or any voter, may make complaint in writing to the 
attorney general of any violation of any of the provisions of 
this chapter. 

I. Upon receipt of such complaint it shall be the duty 
of the attorney general, or through his assistants or county 
solicitors or some other representative, to investigate the com- 
plaint, and, if sufficient cause for a prosecution is found, to 
prosecute to final judgment. 

II. If, in the opinion of any person making complaint, 
the family, business or political connection of the county solici- 
tor of the county in which the offense complained of was 
committed is such as to make it unlikely that he will act 
diligently and earnestly in any prosecution therefor, the person 
complaining may state such facts to the attorney general. 

III. If the attorney general believes that the county 
solicitor will be hampered by any existing facts or circum- 
stances, and in any wise prevented from vigorously prosecuting 
any respondent complained against for such violation, or that 
the service of more than one attorney in any prosecution would 
be in the interest of the state, he shall have authority to employ 
and assign, to conduct or assist in conducting such prosecution, 
a county solicitor from some other county, or to employ and 
assign some attorney not a county solicitor. Such county solici- 
tor or other attorney shall be allowed reasonable compensation, 
to be approved by the governor and council and paid by the 
state out of funds not otherwise appropriated. 

IV. It shall be the duty of the attorney general to 
examine the returns of election receipts and expenditures 
which are made to the secretary of state and to compel such 
returns be made to comply with the law. In the exercise of his 
powers and duties under this chapter, the attorney general is 
authorized to require the appearance of individuals and 

to secure testimony and evidence by use of a subpoena duces 
tecum. 



Penalties 
17. Proceedings in Supreme Court. Any person who 
^es that any of the provisions of this chapter relating to 



1955] Chapter 274 417 

the primary has been violated by or in behalf of a candidate 
with his knowledge and consent, may, not later than the second 
Tuesday following said primary, bring a proceeding in equity 
in the supreme court against the candidate alleged to have 
violated said provisions in such manner. To this proceeding the 
secretary of state shall be made a party defendant. The 
supreme court shall forthwith hear such proceeding and make 
final decision thereof, and if the court shall find that the de- 
fendant has thus violated any of such provisions, a decree shall 
be entered disqualifying the defendant from becoming a candi- 
date at the ensuing election, and the vacancy thereby created 
shall be filled as provided by law. 

18. Prohibition. No candidate shall be entitled to the 
nomination or election until the sworn itemized statements re- 
quired to be filed by him or in his behalf have been filed as 
hereinbefore required. 

19. Penalty. Any person who violates any provision of 
this chapter shall be fined not more than one thousand dollars 
nor less than one hundred dollars, or imprisoned not less than 
thirty days nor more than six months, or both. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved July 22, 1955.] 



CHAPTER 274. 



AN ACT MAKING TEMPORARY APPROPRIATIONS FOR THE EXPENSES 
OF THE STATE OF NEW HAMPSHIRE FOR THE MONTH 

OF August, 1955. 

Whereas, the legislature has not yet adopted a budget for 
the coming biennium ; and 

Whereas, action as this time is necessary to carry on the 
functions of the state government after the close of the fiscal 
year 1955, 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 



418 Chapter 275 [1955 

general expenses of the state government during the month 
of August, 1955 the sum of four milhon five hundred fifteen 
thousand dollars, or so much thereof as may be necessary, to 
be expended in the manner hereinafter provided, that is to say 
one million seven hundred fifty thousand dollars from general 
funds; four hundred thousand dollars from special funds; 
ninety thousand dollars from fish and game funds and two 
million two hundred seventy-five thousand dollars from high- 
way 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 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 
subsequently by the legislature for the fiscal year ending June 
30, 1956. 

2. Provisions of Law. The provisions of chapter 22 of the 
Revised Laws and the provisions of any other statute incon- 
sistent herewith are hereby suspended to the extent of such 
inconsistencies during the time this act is in effect. 

3. Takes Effect. This act shall take effect as of August 1, 
1955, and shall continue in effect until September 1, 1955 unless 
the appropriation acts for the ensuing biennium are sooner 
enacted in which event the appropriations herein provided shall 
thereupon lapse. 

[Approved July 28, 1955.] 



CHAPTER 275. 

AN ACT TO CONTROL MOTOR VEHICLE AND MACHINERY JUNK 
YARDS AND PUBLIC DUMPS. 

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

1. Junk Yards; Dumps. Amend sections 22, 23 and 24 of 

chapter 165 of the Revised Laws (sections 1, 2 and 3, chap- 
ter 267, RSA) by striking out said sections and inserting in 
place thereof the following: ,22. Definitions, (a) The term 
"motor-vehicle junk yard" as used herein shall include any 



1955] Chapter 275 419 

business and any place of storage or deposit, whether in 
connection with another business or not, which has stored or 
deposited two or more unregistered motor vehicles which are 
no longer intended or in condition for legal use on the public 
highways, or used parts of motor vehicles or old iron, metal, 
glass, paper, cordage, or other waste or discarded or second- 
hand material which has been a part, or intended to be a part, 
of any motor vehicle, the sum of which parts or material shall 
be equal in bulk to two or more motor vehicles. Motor-vehicle 
junk yard shall also include any place of business or storage 
or deposit of motor vehicles purchased for the purpose of dis- 
mantling the vehicles for parts or for use of the metal for 
scrap and where it is intended to burn material which are 
parts of a motor vehicle or cut up the parts thereof, (b) The 
term "machinery junk yard" as used herein shall mean any 
yard or field used as a place of storage in which there is dis- 
played to the public view, junk machinery or scrap metal that, 
occupies an area of five hundred square feet. 23. Prohibition. 
No person shall locate or maintain a mo tor- vehicle junk yard 
or machinery junk yard within a distance of one hundred fifty 
feet from the surface of any public highway unless the yard 
is fenced or screened so as to be completely hidden from view 
from the highway. 24. Nuisance. Any motor-vehicle junk 
yard or machinery junk yard located or maintained in violation 
of the provisions of this subdivision is hereby declared a 
nuisance, and the same may be abated on complaint of any 
prosecuting officer. 

2. Required Facilities. Amend section 26 of chapter 165 
of the Revised Laws as inserted by section 1, chapter 133 of 
the Laws of 1949 (section 23, chapter 147, RSA) by striking 
out said section and inserting in place thereof the following: 
26. Public Dumping Facilities Required. Each town or city 
shall provide and maintain public dumping facilities for the 
depositing of garbage and refuse, except as exempt under 
section 26-a. Any such facilities shall be accessible to the public 
at least one day each week and on such days and at such hours 
as the selectmen, board of health or corresponding public officer 
may determine. 

3. Exiemptions. Amend chapter 165 of the Revised Laws 
as inserted by chapter 133, Laws of 1949 (chapter 147, RSA) 



420 Chapter 275 [1955 

by inserting after section 26 the following new section : 26-a. 
Towns Exempt. Upon written request from the selectmen or 
corresponding public officer, the state board of health may 
exempt a town from the requirements of the previous section. 
When considering the request for such an exemption the board 
shall consider the need of such facilities in light of the town's 
density of population and whether or not the town has arranged 
to share public dumping facilities with a neighboring town. 

4. State Board of Health. Amend section 28 of chapter 165 
of the Revised Laws as inserted by chapter 133 of the Laws 
of 1949 (section 25, chapter 147, RSA) by striking out said 
section and inserting in place thereof the following new sec- 
tion: 28. Approval Required. Before any public or private 
premises within the limits of a town shall be utilized for public 
dumping, the selectmen, board of health or corresponding 
public officer, shall have received written approval from the 
state board of health. Such approval shall not be required in 
those instances where only non-combustible refuse is employed 
to fill or grade land. No person shall poison a public dump for 
the purpose of rodent eradication unless granted permission 
by the selectmen, board of public health or corresponding 
public officer. 

5. Regulations. Amend section 31 of chapter 165 of the 
Revised Laws as inserted by chapter 133 of the Laws of 1949 
(section 28, chapter 147, RSA) by striking out the same 
and inserting in place thereof the following: 31. Control 
Measures. The state board of health shall be empowered to 
adopt control measures in the form of regulations relating to 
public dumping facilities. Such regulations may include matters 
pertaining to fire hazards, pollution of streams and bodies of 
water, nearness to primary or secondary state highways and 
health. A reasonable period of time shall be allowed towns for 
compliance. 

6. Covering or Incineration. Amend section 29 of chap- 
ter 165 of the Revised Laws as inserted by chapter 133 of the 
Laws of 1949 (section 26, chapter 147, RSA) by striking out 
said section and inserting in place thereof the following new 
section: 29. Maintenance. A town which maintains or any 
person who permits the use of any land for public dumping 
shall provide for the proper covering or incineration of all 



1955] Chapter 276 421 

animal and vegetable matter deposited thereon, and the deposi- 
tion of other waste materials and rubbish in such a manner 
as not to create a nuisance. Incineration of such waste shall 
be carried out in accordance with existing forest fire laws. 

7. Authority Granted. Amend section 30 of chapter 165 
of the Revised Laws as inserted by chapter 133 of the Laws 
of 1949 (section 27, chapter 147, RSA) by striking out the 
same and inserting in place thereof the following new section : 
30. Closure. Upon complaint, or on its own motion, the state 
board of health may close any public dumping area after duly 
notifying the selectmen or board of health as to its reason. 
The state forester upon advice of the town forest fire warden 
that a high hazard exists may order the dumping area closed 
until the hazard is remedied. 

8. Emergency Health or Fire Hazard. Amend chapter 165 
of the Revised Laws (chapter 147, RSA) by inserting after 
section 30 the following new section: 30'-a. Obligation of 
Towns. When in the opinion of the state board of health or 
the state forester an emergency exists requiring remedial 
measures to eliminate a serious health or fire hazard the gov- 
ernor and council may order such town to carry out under the 
direction of the state board of health or state forester the 
control measures so specified. If such order is not complied 
with within the time limit, the state board of health, the 
state forester or their authorized agents may take necessary 
measures to remove or eliminate the hazard within a town and 
charge the expenses to the town. 

9. Takes Effect. This act shall take effect November first, 
1955. 

[Approved August 1, 1955.] 



CHAPTER 276. 

AN ACT PROVIDING FOR LIENS IN FAVOR OF HOSPITALS. 

Be it enacted by the Senate a/nd House of Representatives in 
General Court convened: 

1. Entitled to Lien. Every individual, partnership, firm, 
association, corporation, institution or any governmental unit 



422 Chapter 276 [1955 

or combination or parts thereof maintaining and operating a 
hospital licensed in the state of New Hampshire, which shall 
furnish medical or other service to any patient injured by 
reason of an accident not covered by the workmen's compensa- 
tion act, shall, if such injured patient shall assert or maintain 
a claim against another for damages on account of such in- 
juries, have a lien upon that part going or belonging to such 
patient, or to the person responsible for the payment of such 
patient's bills, of any recovery or sum had or collected or to 
be collected by such patient or by the person responsible for 
the payment of such patient's bills, or by his heirs or personal 
representatives in the case of his death, whether by judgment 
or by settlement or compromise to the amount of the reason- 
able and necessary charges of such hospital for the treatment, 
care and maintenance of such patient in such hospital up to 
the date of payment of such damages. The provisions of this 
act shall not be applicable to accidents and injuries within the 
purview of the workmen's compensation law. 

2. Notice of Lien. No such lien shall be effective unless a 
written notice containing the name and address of the injured 
person, the date of the accident, the name and location of the 
hospital, and the name of the person or persons, firm or firms, 
corporation or corporations alleged to be liable to the injured 
party for the injuries received, shall be filed with the clerk 
of the town or city in which such hospital is located not later 
than ten days after the patient has been discharged from the 
hospital and prior to the payment of any moneys to such in- 
jured person, his attorneys or legal representatives as com- 
pensation for such injuries ; nor unless the hospital shall mail, 
registered mail, return receipt requested, a copy of such notice 
with a statement of the date of filing thereof to (1) the person 
or persons, firm or firms, corporation or corporations, alleged 
to be liable to the injured patient for the injuries sustained 
prior to the payment of any moneys to such injured person, 
his attorneys or legal representatives, as compensation for 
such injuries and (2) to any insurance carrier which has in- 
sured such person, firm or corporation against such liability. 
The person or persons, firm or firms, corporation or corpora- 
tions alleged to be liable to the injured patient shall upon 
request of the hospital disclose the name of his or its insurance 



1955] Chapter 276 423 

carrier which has insured such person, firm or corporation 
against such liability. 

3. Duration of Lien. Any person or persons, firm or firms, 
corporation or corporations, including an insurance carrier, 
making any payment to such patient or to his attorneys or 
heirs or legal representatives, or to any other person as com- 
pensation for the injury sustained, after the filing and receipt 
of such notice without paying to such hospital the amount of 
its lien or so much thereof as can be satisfied out of the moneys 
due under any final judgment or compromise or settlement 
agi'eement after paying the amount of any prior liens, shall 
for a period of one year from the date of payment to such 
patient or his heirs, attorneys or legal representatives, or other 
person, as aforesaid, be and remain liable to such hospital for 
the amount which such hospital was entitled to receive as 
aforesaid; and any such association, corporation or other in- 
stitution maintaining such hospital may, within such period, 
enforce its lien by a suit at law against such person or persons, 
firm or firms, corporation or corporations making any such 
payment. 

4. Index of Liens. Every town or city clerk shall, at the 
expense of the town or city, provide a book or card filing system 
to be called the hospital lien docket in which, upon the filing 
of any lien claim under the provisions of this act, he shall 
enter the name of the injured person, the name of the person, 
firm or corporation alleged to be liable for the injuries, the 
date of the accident and the name of the hospital or other 
institution making the claim. Said clerk shall make a proper 
index of the same in the name of the injured person and such 
clerk shall be entitled to be paid a fee of fifty cents by the 
lien claimant for such filing. 

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

[Approved August 1, 1955.] 



424 Chapter 277 [1955 

CHAPTER 277. 

an act relative to the sale of horned pout for resale, to 

fish and game licenses and to fishing in upper 

Connecticut River. 

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

1. Horned Pout. Amend chapter 246 of the Revised Laws 
(chapter 212, RSA) by inserting after section 25-b, as inserted 
by section 2, chapter 33, Laws of 1955, the following new sec- 
tion : 25-c. Sale of. Horned pout raised by any such licensee 
may be possessed, bought and sold for use as food, provided, 
however, that there shall be attached to each horned pout so 
possessed, bought or sold a special tag provided by the director 
which tag shall remain attached to the horned pout until im- 
mediately prior to cooking. 

2. Licenses. Amend section 5 of chapter 247 of the 
Revised Laws (section 8, chapter 214, RSA) by striking out 
in the first line the words, "The state treasurer shall supply 
the director with" and inserting in place thereof the words, 
The director shall prepare, so that said section as amended 
shall read as follows: 5. Form. The director shall prepare 
books containing consecutively numbered licenses in triplicate. 
Such license, when issued to the licensee, shall bear the date of 
issuance, and shall contain the name, age, color of hair and 
eyes and residence of the licensee and such other information 
as may be requested by the director. Such license, to be valid, 
must be countersigned by the licensee. 

3. Accountability. Amend section 8 of chapter 247 of 
the Revised Laws (section 16, chapter 214, RSA) by striking 
out said section and inserting in place thereof the following: 
8. Unused Blanks. Agents shall return to the director, within 
ten days after the close of the current year, all unused license 
blanks. The director and agents shall be held responsible to 
the state for the full face value of all license blanks for which 
they are chargeable until settlement has been made as above 
provided. Accounts of the director and agents shall be post 
audited annually as provided in section 12-a of chapter 23A 
of the Revised Laws as amended by chapter 121, Laws of 1953. 



1955] Chapter 278 425 

4. Upper Connecticut River. Amend section 1 of chapter 
177 of the Laws of 1953 (section 3, chapter 211, RSA) by 
striking out the words "the use of spinning rods and reels are 
hereby prohibited" so that said section as amended shall read 
as follows: 1. Upper Connecticut River. Notwithstanding 
regulations made by the director of fish and game, upper Con- 
necticut river between Murphy dam and the highway bridge 
between Stratford and Maidstone shall be closed to all fishing 
except bait and fly fishing. 

5. Waters open to Fly Fishing Only. Amend section 1 of 
chapter 241 of the Revised Laws, as amended by chapter 9, 
Laws of 1949 (section 1, chapter 207, RSA) by striking out 
the definition of Fly and inserting in place thereof the follow- 
ing: Fly: A hook dressed with feathers, hair, thread, tinsel 
or any similar material to which no spinner, spoon or similar 
device is added. In waters open to fly fishing only the use of 
a weight of any kind on the line in addition to the dressing 
on the hook is prohibited. 

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

[Approved August 1, 1955.] 



CHAPTER 278. 



an act to provide for cumulative pocket supplements to 
Revised Statutes Annotated. 

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

1. Cumulative Pocket Supplements. The secretary of state, 
with the approval of the attorney general, is authorized and 
directed to contract in the name of the state of New Hampshire 
for the preparation, publication and distribution of cumulative 
pocket supplements to the Revised Statutes Annotated. Such 
supplements shall be arranged according to the general scheme 
and plan of the Revised Statutes Annotated, shall be annotated 
and may contain such indexes, cross references, annotation 
references, notes, disposal tables, and other research aids as 
the secretary of state, with the approval of the attorney 



426 Chapter 279 [1955 

general, deems practicable. Such supplements shall contain the 
statutes of a public and general nature passed at the 1955 
session of the general court, excluding house bill 75, and the 
contract may provide for subsequent cumulative pocket supple- 
ments for the next two regular sessions of the general court 
and any special sessions thereof prior thereto. 

2. Appropriation. The sum of nine thousand dollars is 
hereby appropriated for the purposes of this act. To the extent 
it may be necessary the balance of the appropriation, if any, 
authorized by chapter 221 of the Laws of 1953 also may be 
used for the purposes of this act, which said appropriation 
shall not lapse. 

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

[Approved August 1, 1955.] 



CHAPTER 279. 



AN ACT RELATIVE TO THE SALARY OF THE JUSTICE OF THE 
CLAREMONT MUNICIPAL COURT. 

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

1. Claremont Municipal Court. Amend paragraph I of sec- 
tion 31 of chapter 377, Revised Laws, as amended by chapter 
232, Laws of 1947, chapters 73, 213, 239 and 251, Laws of 1953 
(paragraph I, section 7, chapter 502, RSA) and as amended by 
chapters 133 and 182, Laws of 1955, by striking out the words 
"In Claremont, one thousand eight hundred dollars" and in- 
serting in place thereof the words. In Claremont, two thousand 
three hundred dollars, so that said paragraph as amended shall 
read as follows : I. Salaries of Justices. Salaries of justices 
of municipal courts shall be paid from the treasury of the city 
or town in which such courts are located, may be paid quarterly 
or monthly, and shall be in the following sums per annum: 

In Manchester, four thousand six hundred dollars; 

In Nashua, three thousand dollars; 

In Concord, three thousand five hundred dollars; 



1955] Chapter 280 427 

In Portsmouth, two thousand five hundred dollars; 

In Dover, one thousand eight hundred dollars; 

In Laconia, one thousand eight hundred dollars; 

In Keene, two thousand five hundred dollars; 

In Claremont, two thousand three hundred dollars; 

In Berlin, twenty-two hundred dollars; 

In Rochester, one thousand two hundred dollars; 

In Lebanon, one thousand five hundred dollars; 

In Newport, nine hundred dollars; 

In Derry, nine hundred dollars; 

In Franklin, one thousand two hundred dollars; 

In Exeter, eight hundred dollars; 

In Somersworth, eight hundred dollars; 

In Littleton, eight hundred dollars; 

In Milford, six hundred dollars. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1955.] 



CHAPTER 280. 

AN ACT PROVIDING FUNDS FOR HIGHWAY IMPROVEMENT. 

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

1. Appropriation. The sum of two million five hundred 
thousand dollars is hereby appropriated for the construction, 
reconstruction and betterment of class I, class II, class IV and 
class V highways and also to supplement the regular highway, 
income for all authorized highway expenditures. The sum so 
appropriated shall be expended under the direction of the com- 
missioner of public works and highways. Said appropriation 
shall be a continuing appropriation until July 1, 1959, and shall 
not lapse prior to that date. 

2. Bond Issue Authorized. In order to obtain funds for 
the payment of the appropriation authorized by section 1, 
hereof, the state treasurer is hereby authorized, under the 
direction of the governor and council, to borrow upon the credit 
of the state a sum not exceeding two million five hundred 



428 Chapter 281 [1955 

thousand 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. 

3. Forms; Proceeds of Sale; Accounts; Short Term Notes. 

The form of such bonds or notes, their rate of interest, the 
method of issuance shall be in accordance with sections 6, 7, 8 
of chapter 83, Laws of 1951, which sections are made applicable 
to the bond issue provided for herein. 

4. Road Toll. The road tolls as specified by section 9, 
chapter 83, Laws of 1951, shall be used initially to pay the 
interest and principal due on any bonds and notes issued under 
the provisions of said chapter 83, or under any previous acts 
pertaining to highway construction, and in addition thereto 
shall be used to pay the interest and principal on any bonds and 
notes issued under the authority of section 2 of this act. Any 
remainder of said road tolls after meeting said charges shall 
be paid into the highway fund. Nothing herein shall be con- 
strued as affecting or changing the termination of the supple- 
mental road toll of one cent per gallon as provided by section 
10 of said chapter 83. 

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

[Approved August 1, 1955.] 



CHAPTER 281. 



AN ACT TO COORDINATE DEVELOPMENT AND REGULATORY 

ACTIVITIES RELATING TO THE PEACEFUL USES 

OF ATOMIC ENERGY. 

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

1. Declaration of Policy. I. The state of New Hampshire 
endorses the action of the Congress of the United States in 
enacting the Atomic Energy Act of 1954 to institute a program 
to encourage the widespread participation in the development 
and utilization of atomic energy for peaceful purposes to the 
maximum extent consistent with the common defense and 



1955] Chapter 281 429 

security and with the health and safety of the pubhc; and 
therefore declares the policy of the state to be, (1) To co- 
operate actively in the program thus instituted; and (2) To 
the extent that the regulation of special nuclear materials and 
by-product materials, of production facilities and utilization 
facilities, and of persons operating such facilities may be 
within the jurisdiction of the state, to provide for the exercise 
of the state's regulatory authority so as to conform, as nearly 
as may be, to the Atomic Energy Act of 1954 and regulations 
issued thereunder, to the end that there may, in effect, be a 
single harmonious system of regulation within the state. 

11. The state of New Hampshire recognizes that the de- 
velopment of industries producing or utilizing atomic energy 
may result in new conditions calling for changes in the laws 
of the state and in regulations issued thereunder with respect 
to health and safety, working conditions, workmen's com- 
pensation, transportation, pubhc utilities, life, health, accident, 
fire, and casualty insurance, the conservation of natural re- 
sources, including wildlife, and the protection of streams, rivers 
and airspace from pollution, and therefore declares the policy 
of the state to be, (1) To adapt its laws and regulations to 
meet the new conditions in ways that will encourage the 
healthy development of industries producing or utilizing atomic 
energy while at the same time protecting the public interest; 
and (2) To initiate continuing studies of the need for changes 
in the relevant laws and regulations of the state by the 
respective departments and agencies of state government re- 
sponsible for their administration; and (3) To assure the 
coordination of the studies thus undertaken, particularly with 
other atomic industrial development activities of the state and 
with the development and regulatory activities of other states 
and of the government of the United States, 

2. United States Licenses or Permits Required. No person 
shall manufacture, construct, produce, transfer, acquire or 
possess any special nuclear material, by-product material, pro- 
duction facility, or utilization facility or act as an operator of 
a production or utilization facility wholly within this state un- 
less he shall have first obtained a license or permit for the 
activity in which he proposes to engage from the United States 
Atomic Energy Commission if, pursuant to the Atomic Energy 
Act of 1954, the commission requires a license or permit to 



430 Chapter 281 [1955 

be obtained by persons proposing to engage in activities of the 
same type over which it has jurisdiction. 

3. Conduct of Studies Concerning Changes in Laws and 
Regulations with a View to Atomic Industrial Development. 

Each of the following departments and agencies of the state 
government is directed to initiate and to pursue continuing 
studies as to the need, if any, for changes in the laws and regu- 
lations administered by it that would arise from the presenca 
within the state of special nuclear materials and by-product 
materials and from the operation herein of production or utili- 
zation facilities, and, on the basis of such studies, to make such 
recommendations for the enactment of laws or amendments 
to laws administered by it, and such proposals for amendments 
to the regulations issued by it, as may appear necessary and 
appropriate. 

I. The department of health, particularly as to hazards, 
if any, to the public health and safety. 

II. The department of labor, particularly as to hazardous 
working conditions, if any, the time and character of proof 
of claims of injuries and the extent of the compensation allow- 
able therefor. 

III. The department of public works and highways, par- 
ticularly as to the transportation of special nuclear materials 
and by-product materials on highways of the state. 

IV. The public utilities commission, particularly as to 
the transportation of special nuclear materials and by-product 
materials by common carriers or public or private air carriers 
not in interstate commerce and as to the participation by public 
utilities subject to its jurisdiction in projects looking to the 
development of production or utilization facilities for industrial 
or commercial use. 

V. The department of insurance, particularly as to the 
insurance of persons and property from hazards to life and 
property resulting from atomic development. 

VI. The council on resources and development, particu- 
larly as to the hazards, if any, to the natural resources of the 
state, including wildlife, and as to the protection, if necessary, 
of rivers, streams, and airspace from pollution. 

VII. Such other departments and agencies including de- 
partments and agencies of political subdivisions of the state 



1955] Chapter 281 431 

as the governor may direct and for the purposes specified by 
him. 

4. Coordination of Studies and Development Activities. I. 

The governor and council shall appoint the head of one of the 
state departments concerned as adviser to the governor with 
respect to atomic industrial development within the state; as 
coordinator of the development and regulatory activities of 
the state government relating to the industrial and commercial 
uses of atomic energy; and as deputy of the governor in 
matters relating to atomic energy, including participation in 
the activities of any committee formed by the New England 
states to represent their interest in such matters and also 
cooperation with other states and with the government of the 
United States. The department head so appointed shall have 
the additional title of Coordinator of Atomic Development 
Activities. 

II. The coordinator of atomic development activities shall 
have the duty of coordinating the studies, recommendations, 
and proposals of the several departments and agencies of the 
state government required by section 3 hereof with each other 
and also with the programs and activities of the department 
of planning and development of the state. So far as may be 
practicable, he shall coordinate the studies conducted, and the 
recommendations and proposals made, in this state with like 
activities in the New England and other states and with the 
policies and regulations of the United States Atomic Energy 
Commission. In carrying out his duties, he shall proceed in 
close cooperation with the department of planning and develop- 
ment. 

III. The several departments and agencies of the state 
government which are directed by section 3 hereof to initiate 
and pursue continuing studies are further directed to keep the 
coordinator of atomic development activities fully and cur- 
rently informed as to their activities relating to atomic energy. 
No regulation or amendment to a regulation applying specific- 
ally to an atomic energy matter shall become effective until 
thirty days after it has been submitted to the coordinator, 
unless, upon a finding of emergency need, the governor by 
order waives all or any part of this thirty day period. 

IV. The coordinator of atomic development activities 



432 Chapter 281 [1955 

shall keep the governor and council and the several interested 
departments and agencies informed as to private and public 
activities affecting atomic industrial development and shall 
enlist their cooperation in taking action to further such de- 
velopment as is consistent with the health, safety and general 
welfare of this state. 

5. Injunction Proceedings. Whenever, in the opinion of 
the attorney general, any person is violating or is about to 
violate section 2 of this act, the attorney general may apply 
to the appropriate court for an order enjoining the person 
from engaging or continuing to engage in the activity violative 
of this act and upon a showing that such person has engaged, 
or is about to engage in any such activity, a permanent or 
temporary injunction, restraining order, or other order may 
be granted. 

6. Funds Provided. There is hereby appropriated the sum 
of one thousand dollars to be expended under the direction of 
the coordinator for secretarial, travel, printing and other 
necessary expenses incurred by him in the performance of his 
duties hereunder. The governor is authorized to draw his war- 
rant for said sum out of any money in the treasury not other- 
wise appropriated. 

7. Definitions. As used in this act, 

I. The term "atomic energy" means all forms of energy 
released in the course of nuclear fission or nuclear transforma- 
tion. 

II. The term "by-product material" means any radio- 
active materials (except special nuclear materials) yielded in 
or made radioactive by exposure to the radiation incident tq 
the process of producing or utilizing special nuclear materials. 

III. The term "production facility" means (1) any equip- 
ment or device capable of the production of special nuclear 
material in such quantity as to be of significance to the common 
defense and security, or in such manner as to affect the health 
and safety of the public; or (2) any important component part 
especially designed for such equipment or device. 

IV. The term "special nuclear material" means (1) plu- 
tonium and uranium enriched in the isotope 233 or in the 
isotope 235, and any other material which the governor de- 



1955] Chapter 282 433 

Clares by order to be special nuclear material after the United 
States Atomic Energy Commission has determined the material 
to be such; or (2) any material artificially enriched by any 
of the foregoing. 

V. The term "utilization facility" means (1) any equip- 
ment or device, except an atomic weapon, capable of making 
use of special nuclear materials in such quantity as to be of 
significance to the common defense and security, or in such 
manner as to affect the health and safety of the public, or 
peculiarly adapted for making use of atomic energy in such 
quantity as to be of significance to the common defense and 
security, or in such manner as to aflfect the health and safety 
of the pubHc; or (2) any important component part especially 
designed for such equipment or device. 

8. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1955.] 



CHAPTER 282. 



AN ACT RELATIVE TO PENALTIES FOR CERTAIN MOTOR VEHICLE 

VIOLATIONS. 

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

1. Revocation of Licenses. Amend section 16 of chapter 
118 of the Revised Laws (section 19, chapter 262, RSA) by 
striking out the same and inserting in place thereof the follow- 
ing: 16. Intoxication. Any person who shall be convicted 
of operating, or attempting to operate, a motor vehicle upon 
any way while under the influence of intoxicating liquor, or 
any narcotic or habit-producing drug, shall be imprisoned for 
not more than six months or shall be fined not more than five 
hundred dollars, or both; his license shall be revoked for a 
period of sixty days and at the discretion of the court for a 
period not to exceed two years. Upon a second conviction he 
may be imprisoned for not less than one month nor more than 
six months, and fined not less than one hundred dollars nor 
more than five hundred dollars ; his license shall be revoked and 



434 Chapter 283 [1955 

he shall be ineligible for a license for the next three calendar 
years. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1955.] 



CHAPTER 283. 

AN ACT RELATIVE TO DISABLED VETERANS. 

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

1. Increase in Exemption. Amend section 29-f of chap- 
ter 73 of the Revised Laws as inserted by chapter 240, Laws 
of 1947 (section 35, chapter 72, RSA) by striking out said 
section and inserting in place thereof the following: 2'9-f. 
Total Disability. If any person, qualified as defined in section 
29 of this chapter, shall be totally and permanently disabled 
from service connection and satisfactory proof of such service 
connection is furnished to the assessors, or if such person be 
a double amputee or paraplegic as a result of service connec- 
tion, he or his wife or widow shall be exempt from taxation 
on real or personal property to the value of five thousand 
dollars under the conditions set forth in sections 29, 29-a, 29-b, 
and 29-c of this chapter in so far as the same are applicable 
except that the limitations of ownership of taxable property 
in this state shall not apply to persons eligible under this sec- 
tion ; and provided further that, in the case of undivided owner- 
ship, the limit of exemption shall be five thousand dollars as 
regards the interest of such entitled persons therein ; and pro- 
vided further that if a person, qualified as defined in section 29 
of this chapter who is a double amputee or paraplegic as the 
result of service connection and owns a specially adapted home- 
stead which has been acquired with the assistance of veterans 
administration he shall be exempt from all taxation on said 
homestead. 

2. Takes Effect. This act shall take effect April 1, 1956. 
[Approved August 1, 1955.] 



1955] Chapter 284 435 

CHAPTER 284. 

AN ACT RELATIVE TO REGISTRATION AND REREGISTRATION OF 
PARTNERSHIPS. 

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

1. Partnerships. Amend sections 1 to 10 of chapter 186 
of the Revised Laws, as amended by chapter 119, Laws of 1949, 
section 10, chapter 265, Laws of 1949 and chapter 59, Laws 
of 1955 (sections 1 to 11, inclusive, chapter 349, RSA) by 
striking- out said sections and inserting in place thereof the 
following : 

Registration 

1. Registration. Every sole proprietor doing business 
in this state under any other name than his own, and every 
partnership, corporation, or association doing business in this 
state shall register the trade name of such business in the 
manner provided in sections 5 and 6. The provisions of this 
subdivision shall not apply to corporations organized under 
chapters 272, 273, and 274 of the Revised Laws, except as such 
corporations may be doing business under trade names other 
than the name of the corporation; and the provisions hereof 
shall not apply to rating organizations, advisory organizations, 
or any group, association or other organization or insurers 
which engag-e in joint underwriting or joint reinsurance which 
are referred to in, and subject to the provisions of, chapter 
329-A of the Revised Laws as inserted by chapter 235 of the 
Laws of 1947. The secretary of state shall decline to register 
any trade name similar or likely to be confused with or mis- 
taken for any trade name title or identification of any existing 
validly registered person, proprietorship, firm, partnership, 
corporation or association unless such existing person, 
proprietorship, firm, partnership, corporation or association 
assents in writing to the adoption of such similar name. 

2. Withdrawal of Partner; Discontinuance of Business. 

Whenever any member of such partnership or association with- 
draws therefrom the remaining members of such partnership 
or association shall, and the withdrawing member may, within 
ten days thereof file in the office of the secretary of state a 



436 Chapter 284 [1955 

certificate signed and sworn to by the remaining members, 
setting forth the fact of such withdrawal, together with the 
date thereof. If any person, partnership or association to whom 
the provisions of this subdivision apply shall cease to do busi- 
ness a certificate setting forth such fact and the date of such 
discontinuance shall be filed with the said secretary within 
thirty days subsequent thereto. Such certificate shall be signed 
and sworn to by the members of such partnership or associa- 
tion, or by any sole proprietor, or by his or their executors or 
administrators. 

3. Evidence. Until the certificate of the person with- 
drawing, or that of the remaining members of the partnership 
or association, is filed, such failure to file shall be prima facie 
evidence of a continuation of said partnership or association. 

4. Nonjoinder as Defendant. No action commenced 
against any such person, partnership or association or any 
member thereof, upon any cause of action growing out of their 
affairs, transactions or business, shall be abated, nor shall any 
attachment made upon the writ in such action be affected, by 
reason of the nonjoinder of any member of such partnership 
or association or individual, who has not been included in such 
certificates. 

5. Registration. Every person, proprietorship, partner- 
ship or association as defined in section 1, engaged in the 
conduct of any business, enterprise, venture or activity within 
the state of New Hampshire under a trade name, firm or style 
shall, subject to the limitations hereinafter set forth, file in 
the office of the secretary of state a certificate signed and 
sworn to by such person, proprietorship or by the members of 
such partnership or association stating the name under which 
the business is to be conducted, the principal place of said 
business, and a brief description of the kind of business to be 
carried on with the names and addresses of the principal 
parties engaged therein. Said registration shall further state 
the date of organization of said business and any limitation 
of time after which said business shall be no longer conducted. 

6. Effect of Registration. Registration in accordance 
with the requirements of the preceding section and the reserva- 
tion of the name, firm or style thereby accomplished shall be 



1955] Chapter 284 437 

effective upon filing and continue in force and effect upon pay- 
ment of the requisite fees as provided in section 7 for a period 
of ten years after said date of filing in the absence of earlier 
withdrawal or discontinuance, notice of which shall be given 
in accordance with the provisions of section 2. 

7. Record; Fees. There shall be paid to the secretary 
of state for filing of registration and issuance of certificate of 
registration a fee of ten dollars. Upon payment of said fee the 
secretary of state shall deliver to the person filing and register- 
ing such trade name a certificate of registration under his 
signature and state seal showing the name and address of the 
person or persons claiming ownership of the trade name, the 
nature of the business thereby reserved and described and a 
receipt for the payment of said fee. The fee for renewal of 
any registration shall be ten dollars. The fee for notice of dis- 
continuance or withdrawal shall be two dollars. The secretary 
shall keep a suitable file or record of all such certificates. He 
shall prepare blanks for such certificates, and shall, upon 
request, furnish such blanks to persons, partnerships, or asso- 
ciations. 

8. Reregistration. Every person, proprietorship, partner- 
ship or association registered in accordance with the require- 
ments of this subdivision shall be required to reregister at 
the time of the expiration of the ten-year period set forth in 
section 6. The secretary of state shall, at least six months 
prior to the expiration of the term of registration, forward 
notice of the requirement of renewal together with a proper 
form for such renewal. In the event the renewal is not filed 
within the requisite time a notice of default shall be mailed by 
the secretary of state and unless within thirty days thereafter 
said registration is renewed the same shall be discontinued 
and the name thereby abandoned and free. The secretary of 
state shall cancel from his register all registrations more than, 
ten years old and not renewed in accordance with the provisions 
of this section. Upon the passage of this act the secretary of 
state shall notify all businesses registered under trade names 
of the provisions hereof. All registrations more than ten years 
old on the date of the passage of this act may be renewed 
within a period of one year after the passage of this act other- 
wise the same shall be discontinued and the name abandoned 
and free. All other registrations shall be subject to the thirty 



438 Chapter 284 [1955 

day renewal provisions hereinbefore set forth at the expiration 
of ten years from the original registration. 

9. Penalty. Whoever fails to comply with the provisions 
of the preceding sections of this subdivision shall be fined not 
more than one hundred dollars. 

10. Fraudulent Registration; Civil Rights. Any person 
who shall for himself, or on behalf of any other person, procure 
the filing and registration of any trade name in the office of 
the secretary of state, under the provisions hereof, by making 
any false or fraudulent representations or declarations, ver- 
bally, or in writing, or by any fraudulent means, shall be liable 
to pay all damages sustained in consequence of any such filing, 
to be recovered by or on behalf of the party injured thereby, in 
any court having jurisdiction, and shall be fined not exceeding 
five hundred dollars or imprisoned not exceeding one year or 
both. Any person, proprietorship, partnership or association 
who has adopted and registered a trade name as aforesaid may 
proceed by suit to enjoin the use, display, or interference of any 
other firm, person, proprietorship or association making use 
thereof, and all courts of competent jurisdiction may grant 
injunctions to restrain such interference, use, display, or 
activity, as may be by the said court deemed just and reason- 
able, and may require the defendants to pay to such person 
all profits derived from such wrongful interference, use, dis- 
play or activity; and such court may also order that any such 
counterfeits or imitations in the possession or under the control 
of any defendant in such case, be delivered to an officer of the 
court, or to the complainant, to be destroyed. 

10-a. Prior Rights. Nothing herein shall adversely affect 
the rights or the enforcement of rights in trade names acquired 
in good faith at any time at common law, 

2. Appropriation. The sum of three thousand five hundred 
dollars for the fiscal year ending June 30, 1956, and a like sum 
for the fiscal year ending June 30, 1957, are hereby appro- 
priated for the office of the secretary of state to be expended 
for additional personal services and current expenses neces- 
sitated because of amendments to corporation law and registra- 
tion of partnerships. The sums hereby appropriated shall be a* 
charge upon the general funds. 

3. Takes Effect. This act shall take effect July 1, 1955. 
[Approved August 1, 1955.] 



1955] Chapter 285 439 

CHAPTER 285 

an act relative to the distribution of copies of the revised 

Statutes Annotated to members of the 

general court. 

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

1. Revised Statutes Annotated; Special Edition. The secre- 
tary of state is hereby directed to obtain from the printers 
one thousand and fifty copies of the Revised Statutes 
Annotated and to have the same bound with material less 
expensive than the binding of the so-called official bound copies 
provided for by chapter 231, Laws of 1955. The secretary of 
state shall make the following distribution of the special 
edition of RSA free of charge except as hereinafter provided : 
I. One copy of said special edition to each member of the 
general court who shall make application in writing, accom- 
panied by a fee of five dollars, to the secretary of state therefor 
on or before September 1, 1955, provided that if said member 
shall desire the official bound copy he may have the same 
instead of the special edition upon payment of the difference 
in cost between the two editions. II. One copy of said special 
edition to any department of the state, except the secretary 
of state, the state treasurer, the comptroller and the attorney 
general, who may request the same. III. A sufficient number 
of copies to the state library for distribution to public libraries 
meeting the requirements established by the state library 
commission. IV. One copy to each duly constituted municipal 
court. V. One copy to each town clerk for the use of the 
town. VI. Any copies of the special edition which remain 
after the distribution hereby authorized shall remain in the 
hands of the secretary of state to be distributed upon payment 
of such price as shall be determined by the governor and 
council. 

2. Appropriation. There is hereby appropriated the sum 
of eighteen thousand dollars or so much of said sum as may 
be necessary, to be expended by the secretary of state for the 
purchase and binding of the special edition of Revised Statutes 
Annotated as provided in section 1. The governor is authorized 
to draw his warrant for said sum out of any money in the 
treasury not otherwise appropriated. 



440 Chapter 286 [1955 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 1, 1955.] 



CHAPTER 286. 

an act to provide recognition of the v^ar service of 

residents of this state who served in the armed 

forces of the united states during the 

Korean conflict. 

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

1. Qualification for Bonus. Each person, man or woman, 
who actively served for a total period of ninety days or more 
in any capacity as a member of the armed forces of the United 
States from June 25, 1950, to July 27, 1953, who is discharged, 
released or has a certificate of service therefrom under condi- 
tions other than dishonorable and who at the time he entered 
such active military service was a bona fide resident of this 
state, shall be entitled to the benefits provided hereunder. 

2. Definition. The term "armed forces of the United 
States" as used herein shall mean the army, navy, air force, 
marine corps, coast guard, and any woman's auxiliary services 
to such forces, the members of which are subject to and under 
military law. 

3. Roster. The adjutant general shall, from time to time, 
prepare a roster of the names of residents of the state who 
have qualified for benefits hereunder and shall certify the same 
to the state treasurer. 

4. Bonus Payment. In recognition of the services per- 
formed by the persons designated as ehgible under section 1 
of this act, hereinafter referred to as the resident or residents, 
the state treasurer when such names are certified to him as 
provided in the preceding section, and when application is made 
therefor, shall pay to each such qualified resident or, if such 
resident dies before payment has been made to him, to such 
resident's surviving spouse or if none, to his child or children 



1955] Chapter 286 441 

in equal shares ; and if he has no surviving spouse or children, 
then in equal shares to his surviving parents; a sum equal to 
ten dollars per month for each month of such active military 
service, pro-rated for fractions of a month according to the 
number of days involved in the particular month, but not 
exceeding in any event the sum of one hundred dollars; and 
said treasurer shall take such formal receipt as he shall pre- 
scribe. If such resident is legally incompetent, payment may 
be made to his legally appointed representative only. If such 
resident dies while in active service, or dies subsequent to his 
discharge therefrom as a result of disability received while in 
service, or is disabled and medically discharged, or hospitalized 
with ultimate medical discharge as a result of service con- 
nected disability, the sum of one hundred dollars shall be paid 
without regard to the length of time such resident was in 
service. No application shall be certified for payment unless 
written evidence is presented indicating that any person or 
persons herein described as having a prior right to benefits 
shall have deceased; and provided further that if, prior to the 
date upon which this act takes effect, benefits under the pro- 
visions of this chapter have been paid to the father or mother 
of a resident, who at the time had a child or children, the 
rights to benefits shall not in addition accrue to said child or 
children as a result of the provisions of this act. The term 
spouse means a lawful wife or husband. The term child includes 
a legitimate child, a child legally adopted, and a stepchild. The 
term parent includes a father and mother, step-father and 
step-mother, father and mother through adoption, and those 
who stood in loco parentis. Payment shall not be made to more 
than two parents. Preference will be given to the parent or 
parents who actually exercised parental control at the time of 
or most nearly prior to date of resident's entry into service. 
Proof of the relationship in loco parentis shall be established 
by sworn statement of the applicant, together with supporting 
affidavits of two disinterested persons. 

5. Bond Issue Authorized. In order to provide the funds 
for the payment of the bonds authorized hereunder, together 
with the administrative costs thereof, the sum of one million 
dollars or so much thereof as may be necessary, is hereby 
appropriated and the state treasurer is hereby authorized, 
under the direction of the governor and council, to borrow upon 



442 Chapter 286 [1955 

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. 

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 treasurer and countersigned by the governor. 
The governor may authorize his countersignature on said 
bonds to be by facsimile signature. The treasurer may nego- 
tiate and sell such bonds or notes under the direction of the 
governor and council in such manner as they may deem to be 
most advantageous to the state. Out of the proceeds of the 
sale of said bonds or notes the governor is authorized to draw 
his warrants for the sum hereinbefore appropriated, for the 
purposes of this act only. The secretary of state and the state 
treasurer shall keep accounts of all such bonds or notes as 
they are required to keep for other state bonds or notes. 

7. Short-Term Notes. Prior to the issuance of the bonds 
hereunder the state treasurer, with the approval of the gov- 
ernor and council, may for the purposes hereof borrow money 
from time to time on short term notes which may be refunded 
by the issuance of the bonds hereunder. Provided, however, 
that at no one time shall the indebtedness of the state on such 
short term notes exceed the sum of one million dollars. 

8. Sale of Bonds or Notes. All bonds or notes (except 
short-term loans) issued under the provisions of this act shall 
be sold (1) at public sealed bidding (2) only after an advertise- 
ment calling for bids has been published at least once in each 
of two successive calendar weeks in a newspaper of general 
circulation in New Hampshire and in a financial publication of 
national circulation, the first publication being not less than 
fifteen days prior to the day the bids will be received, and (3) 
to the highest bidder. The governor and council may reject 
any or all bids, and/or negotiate with the highest responsible 
bidder. 

9. Discount on Sales of Liquor to Hotels and Clubs. Amend 



1955] Chapter 287 443 

chapter 170 of the Revised Laws (chapter 176, RSA) by in- 
serting after section 14 the following new section: 14-a. 
Prohibition. When fixing the price for sale of liquor to hotels 
and clubs the commission shall not allow any discount of more 
than five per cent from the retail sale price. 

10. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 2, 1955.] 



CHAPTER 287. 

AN ACT RELATIVE TO FOREST CONSERVATION AND TAXATION. 

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

1. New Chapter. Amend chapter 79-A of the Revised 
Laws, as inserted by chapter 295, Laws of 1949, and as 
amended by chapter 12, Laws of 1951 and chapter 256, Laws 
of 1953 (chapter 79, RSA) by striking out said chapter and 
inserting in place thereof the following: 

Chapter 79-A 
Forest Conservation and Taxation 
1. Definitions. The following words and phrases as used 
in this chapter shall have the meanings indicated, unless a 
contrary meaning shall appear in the context: 

L "Assessing officials", means those charged by law 
with the duty of assessing taxes in the city, town or unin- 
corporated place. 

II. "Owner", means any person including the state, a 
county, a town or any other political subdivision and a pur- 
chaser of public forest timber, having title to lands or standing 
trees or possession with authority to cut and remove logs or 
wood from lands or standing trees from which any logs or 
wood are taken during the tax year. The word "owner" shall 
not be construed to include (a) a person who cuts or causes 
to be cut logs or wood from his own land for consumption in 
the construction, reconstruction, or alteration of his own build- 
ings, structures or fences, situated in the state of New Hamp- 



444 Chapter 287 [1955 

shire; (b) a person who cuts or causes to be cut fuel wood 
for his own consumption in the state of New Hampshire for 
domestic fuel purposes or for the manufacture of maple sugar 
or syrup; (c) cities, towns, school districts or village districts 
cutting logs or wood within their boundaries; (d) persons 
engaged in clearing or maintaining rights-of-ways or water 
storage reservoir areas incidental to furnishing utility services 
or transportation to the public, provided, however, that when 
stumpage is sold by the person who is causing the right-of-way 
or water storage reservoir areas to be cleared to another person 
the purchaser thereof shall be construed to be an owner as 
defined above. 

III. "Stumpage value", means the amount determined 
by the assessing officials in the same manner as other property 
values for the purposes of taxation. When open competitive 
bids have been the basis for sales on a per cord or per thousand 
basis, the price so paid shall be considered for assessment pur- 
poses. When open competitive bidding is not the basis for sales 
the assessing officials shall give consideration to the amounts 
received in competitive bidding on a per cord or per thousand 
basis on stumpage sales in the vicinity but may also consider 
prices offered for stumpage, logs, pulpwood, fuelwood, or other 
forest products, current operating costs including a reasonable 
margin for profit and risk and similar data, taking into con- 
sideration the relative difficulties of logging in each individual 
case. Stumpage value of all forest products except those cus- 
tomarily measured by ricked cord scale or by the piece shall 
be determined on the basis of log scale. If any other measure 
is used the assessing officials shall determine the proper log 
scale by use of a conversion ratio to be furnished by the state 
forester. 

IV. "Tax year", as used in this chapter means from 
October 1st to September 30, of the next calendar year, in- 
clusive. 

V. "Heavily timbered towns". A heavily timbered 
town is defined to be a town in which the average assessed 
valuation of growing wood and timber for the years 1944-1948 
inclusive is equal to or greater than ten per cent of the follow- 
ing net figure: the locally assessed valuation of such town as 
of April 1, 1952 as equahzed by the tax commission for the 



1955] Chapter 287 445 

purpose of assessing county taxes, less the total veterans' 
tax exemption on property in said town for the tax year 1952. 

2. Release from Taxes. All growing wood and timber 
except fruit trees, sugar orchards, nursery stock, and trees 
maintained only for shade or ornamental purposes, which shall 
not be subject to the yield tax hereinafter provided, shall be 
released from the general property tax and the school tax in 
unincorporated places provided 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. 

3. Normal Yield Tax. A normal yield tax on the stump- 
age value at the time of cutting shall be assessed by the 
assessing officials, as of October first of each year, against 
each owner of growing wood and timber which has been cut 
during the previous tax year, at the rate of ten per cent, pro- 
vided, however, that whenever the assessing officials deem it 
necessary to insure the payment of the tax, demand for such 
payment may be made when the cutting of a lot has been com- 
pleted, in which case payment of the tax shall be due at the 
time of notice thereof. Whenever the assessing officials, or the 
state tax commission, deem it necessary to insure the payment 
of the yield tax, they, or either of them, may require a bond 
or other security to be given by an owner, as defined herein, 
before or during the cutting period, in such amount and con- 
ditioned upon such terms as they may determine. An owner 
failing or neglecting to provide such bond or security within 
seven days after request therefor may be enjoined from 
further cutting by the superior court which shall make such 
order as justice shall require. They may enter upon and inspect 
any timber lot, and require the owner to produce for inspection 
any books, records and papers as may be relevant and of 
assistance to them in the assessment of the yield tax. 

4. Bond and Debt Retirement Tax. In addition to the 
normal yield tax provided in section 3 above, beginning October 
1, 1955, an additional tax of two per cent on the stumpage 
value shall be assessed and collected in the same manner, as 
provided in sections 3 and 14, to be paid into the state treasury 
as provided in section 15 to cover the interest, retirement of 
bonds or other indebtedness incurred by the state under this 
chapter. This bond and debt retirement tax shall expire on 



446 Chapter 287 [1955 

September 30th, following the time when sufficient funds have 
been accumulated to cover all indebtedness incurred by the 
state under this chapter. 

5. General Tax: Credits in Certain Cases. Whenever it 
shall appear to the assessing officials that a town or city is 
unreasonably deprived of revenue because of the failure of an 
owner to cut standing wood or timber when it shall have 
arrived at the degree of maturity most suitable for its use^ 
such standing wood or timber shall be taxed in the same 
manner as general property and be subject to the same right^ 
of appeal, the intent being to prevent the holding of standing 
wood or timber indefinitely without the payment of any taxes. 
If such standing wood or timber is taxed under the provision 
of this section, such taxes shall be a credit against any yield 
tax later imposed, and shall be taken into consideration in 
determining eligibility for forest conservation aid as provided 
in section 21. 

6. Collection. The normal yield tax and bond and debt 
retirement tax shall constitute a lien upon all real estate of 
the owner owned on the date of assessment and may be en- 
forced and collected by any appropriate means provided for 
the collection of taxes in chapter 80, Revised Laws and amend- 
ments thereto, except that right of distraint and lien provided 
by sections 6 and 17 thereof shall expire eighteen months from 
the date the yield tax is assessed. They shall be subject to the 
same interest as general property taxes. 

7. Appeal Board. There shall be an appeal board con- 
sisting of three members, one of whom shall be selected by the 
aggrieved owner, one of whom shall be the state forester or a 
member of his staff, and one of whom shall be a member of 
the tax commission or its staff. The appeal board shall desig- 
nate one of its members as chairman. Whenever the original 
assessment has been made by the tax commission it shall select 
a person having knowledge of timber appraisal who shall serve 
as a member of the appeal board in place of a member of the 
tax commission or its staff. Such person when serving as a 
member of the appeal board shall be paid the sum of fifteen 
dollars for each day devoted to his duties on such board and 
shall be reimbursed for his reasonable expenses while so serv- 
ing. All expenses and per diem compensation for such member 
shall be a charge against the tax commission appropriation. 



1955] Chapter 287 447 

8. Appeal and Abatement. An owner may, within ninety- 
days of notice of the tax, appeal to the assessing officials for 
an abatement from the original assessment, but no owner shall 
be entitled to an abatement unless he has complied with the 
provisions of sections 10 and 11. If the assessing officials 
neglect or refuse so to abate an owner may, at his election 
within six months of notice of such tax and not afterwards, 
petition the superior court of the county where the operation 
took place or the appeal board as provided for in section 7. 
The petition to the appeal board shall be filed with the tax 
commission and shall include the name and address of the 
appeal board member selected by the aggrieved owner. 

9. Appeal Board Procedure. The tax commission shall 
notify the members of the appeal board of such appeal. It shall 
designate a time and place for hearing and with the board's 
approval make such arrangements for such hearing as may 
be necessary. The board may summons witnesses, administer 
oaths, order the production of books, records, papers, instru- 
ments and direct the production of any evidence it deems 
necessary in order to make a decision. The technical rules of 
evidence shall not apply at such hearings. The decision of the 
appeal board shall be filed with the tax commission who shall 
notify the proper assessing officials. The assessing officials, 
upon receipt of such decision, shall record the same and issue 
whatever order is required. 

10. Notice of Cutting. The state, a county, a municipal- 
ity, or public agency, or any owner who intends to cut growing 
wood or timber shall file a notice of intent to cut, in duplicate, 
prior to such cutting with the state tax commission upon a 
form prescribed and provided by said commission, setting forth 
his name, residence, an estimate of the amount and species of 
wood to be cut, and such other information as may be required. 
He may at his option furnish the stumpage price paid. A sup- 
plemental notice of intent to cut, in duplicate, shall be filed 
on or before October first for all operations not completed or 
terminated and which will continue after September 30 in any 
year. A copy of each notice shall be forwarded by the tax 
commission to the proper assessing officials. The tax commis- 
sion shall assign a number to each operation for which it 
receives a notice of intent to cut and shall notify the owner 
and the assessing officials thereof. It shall furnish without cost 



448 Chapter 287 [1955 

to the owner a certificate showing that the notice of intent to 
cut has been filed. Failure to file a notice of intent to cut shall 
constitute a misdemeanor punishable by a fine not exceeding 
fifty dollars. 

11. Report. The state, a county, a municipality, public 
agency or any person shall make under the penalties of per- 
jury and file in duplicate a report of the wood or timber severed 
with the state tax commission on or before October 15 cover- 
ing all wood or timber severed up to October first next pre- 
ceding. If deemed necessary by the assessing officials a report 
shall be filed immediately upon the completion or termination 
of the cutting referred to in the notice of intent to cut. Such 
reports shall be made on a form prescribed and provided by 
said commission which shall contain the name and residence 
of the person making the report, and volume of wood and 
timber cut by species or species groups and such other in- 
formation as the tax commission may deem necessary to enable 
the assessing officials to locate, identify, verify and determine 
the full amount and true stumpage value of all wood and timber 
cut. A report of wood and timber severed covering operations 
still in progress through September 30 shall be filed not later 
than October 15 for all wood and timber cut up to October 1 
next preceding. Upon receipt of a report of cut the tax com- 
mission shall forward a copy to the proper assessing officials, 
who shall assess a tax in accordance with the provisions of this 
chapter. Whoever shall fail to file a report of cut, as provided 
in this section shall be guilty of a misdemeanor punishable by 
a fine not exceeding one hundred dollars. 

12. Doomage. If any owner shall wilfully make any false 
statement in the notices and reports required in this chapter, 
or if the owner wilfully makes a report of cut as provided in 
section 11 which does not contain a full or correct statement 
of the wood and timber with respect to which the owner is 
taxable; or if the owner in making the same has wilfully 
omitted to give required information, or has made false state- 
ments or answers therein, the assessing officials shall ascertain, 
in such way as they may be able, and as nearly as practicable, 
the amount and stumpage value of wood and timber for which 
the owner is taxable, and shall assess to such owner, by way 
of doomage, four times as much as such standing wood and 



1955] Chapter 287 449 

timber would be taxed if truly returned and reported. Such 
doomage shall be collected by the tax collector in the usual 
manner and paid over to the town treasurer for use of the 
town. 

13. Disposition of the Normal Yield Tax. Except as pro- 
vided in section 22, the normal yield tax collected under section 
3 of this chapter shall be paid by the tax collectors of cities 
and towns into their respective treasuries for the general use 
of the city or town. 

14. Collection and Distribution of Normal Yield Taxes 
and Bond and Debt Retirement Taxes in Unorganized Towns 
and Unincorporated Places. The taxes assessed under sections 
3 and 4 of this chapter in any unorganized town or unincor- 
porated place shall be collected by the director of the division 
of interest and dividends of the state tax commission and paid 
by him to the state treasurer. The director of the division of 
interest and dividends shall have the same powers in collecting 
the tax as are provided tax collectors under chapter 80 of the 
Revised Laws. The state treasurer shall distribute the normal 
yield taxes in the unorganized towns and unincorporated places 
as follows : (a) to the state tax commission the cost of assess- 
ment, collection and any appeal in the unorganized towns and 
unincorporated places; (b) to the treasurer of the county in 
which such town or place is situated, to be credited against its 
share of the county tax, if any, for the ensuing year. Any 
normal yield tax revenues remaining in the state treasury after 
the above distributions have been made together with any 
balance shall be for use by the state forester in the place from 
which the tax was collected. The funds shall be used for forest 
conservation purposes including the construction and mainte- 
nance of forest fire roads and trails and forest diseases and 
insect control. The director of the division of interest and 
dividends shall also collect any unpaid taxes assessed under 
chapter 79-A in unincorporated places and unorganized towns 
under the statute prior to the enactment of this act. 

15. Disposition of Bond and Debt Retirement Tax. The 

bond and debt retirement taxes collected under section 4 of 
this chapter shall be paid by the collectors of taxes of cities 
and towns into their respective treasuries. Each town or city 
shall pay over to the state treasurer in the month of January 



450 Chapter 287 [1955 

all such taxes collected during the preceding year, less any 
abatements granted. If payment is not made in the month of 
January as provided, the state treasurer shall withhold the 
amount of any bond and debt retirement taxes due to the 
state for which the town or city may be liable, from any 
amounts payable by the state to the city or town failing to 
make the payment for bond and debt retirement taxes as 
aforesaid. The state treasurer shall not pay to any city or town 
any amounts which may be due to it from the state until the 
payment of bond and debt retirement taxes then due from 
such city or town have been paid to him. 

16. Forest Conservation Aid Fund Created. There is 
hereby appropriated the sum of seventy-five thousand dollars 
for the fiscal year ending June 30, 1957, which fund will con- 
stitute the forest conservation aid fund for aiding certain cities 
and towns which qualify for such aid as provided in section 22 
and the sum of twenty-five thousand dollars which shall be 
used to aid certain cities and towns which qualify for such 
aid as provided in section 23 of this chapter. The governor is 
hereby authorized to draw his warrant for the purposes of this 
chapter, out of any money in the treasury not otherwise appro- 
priated. In the event that claims presented by qualifying towns 
under section 22 exceed seventy-five thousand dollars, the state 
treasurer shall pay to each town so qualifying, the same pro- 
portionate part that the summation of the towns' claims bears 
to seventy-five thousand dollars. 

17. Interchangeability of Funds. The two funds appro- 
priated in the preceding section shall be interchangeable, in 
that any excess in either fund not needed for the purposes 
thereof may be used to supplement the other fund in case it 
is needed therefor. 

18. Payment of Forest Conservation Aid. In the case 

that the tax commission determines that any town is entitled 
to forest conservation aid, such aid shall be based only on the 
normal yield tax assessments as determined by the assessing 
officials and finally approved by the state tax commission. 

19. Certification of Yield Taxes Assessed. Every town 
shall certify on or before December 1, in each year to the state 
tax commission, the amount of yield taxes assessed for the 



1955] Chapter 287 451 

preceding tax year. Any town desiring to be aided may at the 
same time make application therefor. Such aid shall be deter- 
mined by said commission and certified to the state treasurer 
for payment in the manner provided in sections 20, 21, 22, 
and 23. 

20. Forest Conservation Aid Base. The forest conserva- 
tion aid base shall be the amoiint of revenue which each town 
would have received from a tax levied at its 1955 average tax 
rate or the annual local average rate of taxation, whichever 
is the lesser, on the average assessed valuation of growing 
wood and timber for the years 1944-48 inclusive after deduct- 
ing from said valuation one-fifth of the cumulative value of 
the wood and timber severed in each city or town as determined 
for yield tax purposes from April 1, 1950 to September 30, 
1954, inclusive. 

21. Adjusted Forest Conservation Aid Base. Beginning 
October 1, 1955, the adjusted forest conservation aid base for 
each town shall for the ensuing tax year be the forest con- 
servation aid base for such town less five cents on each one 
hundred dollars of the locally assessed valuation of the munici- 
pality as equalized by the tax commission for April 1, 1952, 
less the total veterans' tax exemption on property in said 
town for the current year. Annually thereafter the adjusted 
forest conservation aid base for the preceding year shall be 
reduced by five cents on each one hundred dollars of the locally 
assessed valuation of the municipality as equalized by the tax 
commission for April 1, 1952, less the total veterans' tax ex- 
emption on property in said town for the current year, until 
the adjusted forest conservation aid base is eliminated. After 
four successive reductions have been made under this section, 
further reductions in the aid base hereunder shall be suspended 
in those towns still entitled to such aid, in order that the 
situation in such towns may then be re-examined by the 
general court, and further reductions in such towns under this 
section or under section 23 shall not be resumed until so 
ordered by the general court. 

2,2. Computation of Forest Conservation Aid. In com- 
puting such aid said commission shall determine the adjusted 
forest conservation aid base for the current year and deduct 
therefrom the amount of any property tax assessed under the 



452 Chapter 287 [1955 

provisions of section 5 of this chapter and the amount of the 
normal yield taxes assessed under the provisions of section 3 
of this chapter for the year in which aid is requested. In order 
that there may be an equitable distribution of funds paid by 
the state for aid to schools, or for highway maintenance and 
construction, and to provide for an equitable proportion of the 
county taxes or any application of any statute based wholly or 
in part on equalized valuation, the tax commission shall not 
include the five-year average assessment of growing wood and 
timber in each city or town in the equalized valuation of each 
city and town in accordance with paragraph V, section 11, 
chapter 82, Revised Laws. Said commission shall take into 
consideration any decrease in the amount of forest conserva- 
tion aid which any town may receive because of the taking 
of forest land by the state or federal government for state 
or national forests and by any other unusual or abnormal con- 
ditions, including extraordinary obligations of a city or town 
incurred prior to 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 forest conserva- 
tion aid granted in lieu of tax revenue on state and national 
forest, or increase in county or state taxes resulting from such 
exemption in as equitable a manner as possible. 

23. Special Aid for Heavily Timbered Towns. In addi- 
tion to the forest conservation aid to which a heavily timbered 
town would be entitled under the provisions of section 21 of 
this chapter it shall, beginning with October 1, 1955 also 
receive special aid in full as computed hereafter. For the tax 
year beginning October 1, 1955 such special aid shall be an 
amount equal to the difference between, (1) the amount of 
revenue the town would have received from a tax levied on 
the average assessed value of growing wood and timber therein 
for the years 1944-1948 inclusive reckoned at its 1955 average 
tax rate deducting therefrom (a) an amount equal to five cents 
on each one hundred dollars of the locally assessed valuation 
of the municipality as equalized by the tax commission for 
April 1, 1952, less the total veterans' tax exemption on property 
in said town for the current year, and (b) any property tax 
assessed under section 5 of this chapter, and (c) the amount 
of the normal yield taxes assessed under section 3 of this 
chapter for the year for which such special aid is requested, 



1955] Chapter 287 453 

and (2) the forest conservation aid for such town as computed 
under section 22 hereof. The amount of the special aid to 
which a heavily timbered town may be entitled by this section 
for any year following the tax year beginning October 1, 1955 
shall be the difference between, (1) the amount of revenue 
the town would have received from a tax levied on the average 
assessed value of growing wood and timber therein for the 
years 1944-48 inclusive reckoned at its 1955 average tax rate 
or the current local rate of taxation, whichever is lesser, de- 
ducting therefrom (a) an amount equal to five cents on each 
one hundred dollars of the locally assessed valuation of the 
municipality as equalized by the tax commission for April 1, 
1952, less the total veterans' tax exemption on property in 
said town for the current year, and (b) any property tax 
assessed under section 5 of this chapter, and (c) the amount 
of the normal yield taxes assessed under section 3 of this 
chapter for the year for which aid is requested, and (d) the 
accumulated amount as computed for each preceding year of 
five cents on each one hundred dollars of the locally assessed 
valuation of the municipality as equalized by the tax com- 
mission for April 1, 1952, and (2) the forest conservation aid 
for such town as computed under section 22 hereof. 

24. Payment of Forest Conservation Aid on Account of 
Unorganized Towns and Unincorporated Places. The amount 

of forest conservation aid to which each unorganized town 
and unincorporated place may be entitled shall be determined 
and certified by the tax commission in a manner as nearly 
similar to that prescribed herein for cities and towns by sec- 
tion 22 hereof, and said commission shall make such adjust- 
ments as may be necessary to insure equality of treatment 
under this chapter, so far as possible, as between unorganized 
towns and unincorporated places and cities and towns. Pay- 
ment of such forest conservation aid shall be made to the 
county treasurer with respect to county taxes. Reimbursement 
shall not be made on December thirty-first but shall be made 
as soon as the amount of taxes due for the ensuing year shall 
have been determined, and no forest conservation aid payment 
shall be made in any year if and to the extent that funds 
derived from the yield tax remain in the hands of the state 
treasurer for disbursement as provided by section 14 (b) 
hereof. 



454 Chapter 287 [1955 

25. Excess of Yield Tax over Forest Conservation Aid. 

If in any tax year the amount of normal yield tax shall exceed 
the adjusted forest conservation aid as computed under the 
provisions of sections 20, 21, and 22 hereof, said excess shall' 
be used as deductions in computing subsequent forest con- 
servation aid. In cases where towns have accumulated excesses 
of yield tax over tax loss prior to October 1, 1955, these ex- 
cesses shall also be used as deductions in computing any forest 
conservation aid as provided by section 22. 

26. Distribution. The state treasurer shall annually 
make distribution to the towns and cities from the funds pro- 
vided for herein in accordance with the certification from the 
state tax commission of the amounts due hereunder. 

27. Interpretation. Nothing herein contained shall be 
construed as repealing or affecting in any way the authority 
for the issuance of bonds under sections 13, 14, 15 and 16 of 
chapter 295, Laws of 1949, chapter 4, Laws of 1951, chap- 
ter 216, Laws of 1951, and chapter 170, Laws of 1953, nor 
shall it affect bonds heretofore or hereafter issued in accord- 
ance with said statutes. 

2. State Tax Commission. One of the positions of timber 
tax appraiser in the office of the state tax commission is hereby 
abolished. 

3. Goshen- Lempster Cooperative School District. In so far 

as the borrowing by the Goshen-Lempster cooperative school 
district is concerned which has been authorized under the pro- 
visions of chapter 11 of the Laws of 1955 the debt limit thereof 
shall be computed on the last assessed valuation plus the five- 
year average assessment of growing wood and timber therein. 

4. Takes Effect. The provisions of section 3 shall take 
effect upon the passage of this act. The remaining provisions 
of this act shall take effect October 1, 1955, provided, how- 
ever, that reimbursement shall be made for losses of tax 
revenue sustained in the year 1955 to those places so entitled 
in accordance with section 3, chapter 242 of the Laws of 1953. 
Section 10 of chapter 256 of the Laws of 1953 is hereby re- 
pealed as of October 1, 1955. 

[Approved August 5, 1955.] 



1955] Chapter 288 455 

CHAPTER 288. 
AN ACT RELATIVE TO HOURLY WAGE FOR EMPLOYEES. 

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

1. Minimum Wages. Amend sections 25 and 26 of chap- 
ter 213 Revised Laws as inserted by chapter 310, Laws of 
1949 and as amended by section 1, chapter 232, Laws of 1953 
(sections 21 and 22, chapter 279, RSA) by striking out said 
sections and inserting in place thereof the following: 25. 
Limitations. No person, firm or corporation shall employ any 
employee at a rate of less than seventy-five cents per hour, 
provided that this limitation shall not apply to employees 
engaged in household labor, domestic labor, farm labor, out- 
side salesmen, summer camps for minors, restaurants, hotels, 
inns and cabins; and provided this limitation shall not apply 
to employees engaged as newsboys or golf caddies, and this 
limitation shall not apply to employees of hospitals organized 
as non-profit corporations except as hereinafter provided. Fur- 
ther provided that no non-profit hospital corporation shall 
employ a laundry employee or nurse aide or practical nurse 
at a rate of less than seventy cents per hour, and no person, 
firm or corporation shall employ any employee as usher at a 
theatre or pin boy at a bowling alley, at a rate of less than 
sixty-five cents per hour. 

26. Special Authorization in Certain Cases. A person 
with less than six months' experience in an occupation, or a 
person whose earning cal)acity is impaired by age, or physical 
or mental deficiency, may be paid not less than sixty-five cents 
per hour upon application to and authorization from the com- 
missioner of labor. 

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

[Approved August 5, 1955.] 



456 Chapter 289 [1955 

CHAPTER 289. 

AN ACT RELATIVE TO SERVICE EXEMPTION FOR VETERANS. 

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

1. Vieterans Taxation. Amend section 29 of chapter 73 of 
the Revised Laws as amended by chapter 174, Laws of 1943, 
chapter 4, Laws of 1944, chapter 240, Laws of 1947, section 1, 
chapter 167, Laws of 1949 and by section 1, chapter 132, Laws 
of 1951 (chapter 72, RSA) by striking out said section and 
inserting in place thereof the following: 29. Service Ex- 
emption. 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 defined 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-con- 
nected 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 resi- 
dential real estate, to the value of one thousand dollars, 
provided the value of such residential real estate in this state 
as assessed by the selectmen does not exclusive of bona fide 
encumbrances of record thereon, exceed five thousand dollars, 
and provided further that the resident qualified for exemption, 
excepting those with a service-connected disability, shall not 
be delinquent in the payment of any taxes due the state of 
New Hampshire or any political subdivision thereof. The fol- 
lowing 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. 



1955] Chapter 289 457 

(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 ba considered as World War I service. 

(5) "World War 11" between December 7, 1941 and De- 
cember 31, 1946. 

(6) "Korean Conflict" between June 25, 1950 and July 27, 
1953. 

2. Fractional Interest. Amend section 29-a of chapter 73 
of the Revised Laws as inserted by chapter 240 of the Laws 
of 1947 (chapter 72, RSA) by striking out the words "taxable 
property" in the second line thereof and inserting in place 
thereof the words, residential real estate, so that said section 
as amended shall read as follows: 29-a. Proration of Ex- 
emption. If any entitled person or persons shall own a frac- 
tional interest in residential real estate each such entitled 
person shall be granted exemption in proportion to his interest 
therein with" other persons so entitled, but in no case shall the 
total exemption exceed one thousand dollars except as provided 
in section 29-b. 

3. Limitations. Amend section 29-b of chapter 73 of the 
Revised Laws as inserted by chapter 240 of the Laws of 1947 
(chapter 72, RSA) by striking out the words "taxable prop- 
erty" in the third line and in the fourth line and inserting in 
place thereof the words, residential real estate, so that said 
section as amended shall read as follows: 29-b. Husband 
and Wife. A husband and wife, each qualified for exemption, 
shall be entitled to an exemption of two thousand dollars on 
their residential real estate provided they do not together own 
residential real estate in this state exclusive of bona fide en- 
cumbrances of record thereon to the value of more than five 
thousand dollars. 

4. Residence. Amend section 29-g of chapter 73 of the 
Revised Laws as inserted by chapter 240 of the Laws of 1947 
(chapter 72, RSA) by striking out said section and inserting 
in place thereof the following: 29-g. Definitions. L The 
word "resident" as used in section 29 shall mean a person who 



458 Chapter 290 [1955 

has resided in this state for at least six months preceding 
April 1, in the year in which exemption is claimed. II. The 
term "residential real estate" for the purposes of sections 29 
to 29-h, inclusive shall mean the real estate which the person 
qualified for an exemption thereunder occupies as his principal 
place of abode together with any land or buildings appurtenant 
thereto and shall include a house trailer if used for said pur- 
pose. 

5. Takes Effect. This act shall take eifect April 1, 1956. 
[Approved August 5, 1955.] 



CHAPTER 290. 

AN ACT RELATIVE TO COMPENSATION OF LEGISLATIVE EMPLOYEES. 

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

1. Legislative Employees. Amend section 23 of chapter 9 
of the Revised Laws, as amended by section 1, chapter 89, Laws 
of 1945, section 1, chapter 271, Laws of 1947, section 1, chap- 
ter 2 and section 1 of chapter 266, Laws of 1953 (section 24, 
chapter 14, RSA) by striking out said section and inserting 
in place thereof the following: 23. Attaches. The compen- 
sation of the following attaches of the senate and house of 
representatives shall be sergeant-at-arms, $9 a day; custodian 
of mails and supplies, $7.50 a day; the senate messenger who 
acts as custodian of mails and supplies, $7.50 a day; messen- 
gers, assistant messengers, telephone messengers, library 
messengers, doorkeepers, v/ardens and assistant wardens, pages 
and chaplain, $6 a day; each for six days a week. 

2. Takes Effect. This act shall take effect as of January 
5, 1955 except that part which applies to the custodian of 
mails of the house of representatives which shall take effect as 
of January 2, 1957. 

[Approved August 5, 1955.] 



1955] Chapter 291 459 

CHAPTER 291. 

AN ACT RELATIVE TO SAFETY REGULATIONS FOR COMMERCIAL 

ESTABLISHMENTS AND TO WORKMEN'S COMPENSATION 

AGREEMENTS. 

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

1. Commercial. Amend section 1 of chapter 215 of the 
Revised Laws (section 1, chapter 277, RSA) by adding after 
the word "manufacturing" in the second and fifth lines, the 
word, commercial, so that said section as amended shall read 
as follows: 1. Application; Definitions. This chapter shall 
apply only to factories, mills, workshops or other manufactur- 
ing, commercial or mercantile establishments in which three 
or more persons are regularly employed. The term employer 
as used herein shall include every person, firm, corporation or 
association operating in this state any such manufacturing, 
commercial or mercantile establishment. The term place of 
employment shall include such places and all buildings, sheds, 
structures or other places used in connection therewith. The 
term employee shall include every person employed to work 
in any such place of employment. 

2. Agreements. Amend section 34 of chapter 216 of the 
Revised Laws as inserted by section 1, chapter 266, Laws of 
1947 (section 36, chapter 281, RSA) by striking out said sec- 
tion and inserting in place thereof the following : 34. Agree- 
ments as to Compensation. If an employer or his insurer and 
an injured employee enter into an agreement in regard to 
compensation payable under the provisions of this chapter, a 
memorandum thereof shall be filed with said commissioner of 
labor and if approved by him or by someone designated by 
him, such agreement, subject to modification as provided in 
section 38 shall be enforceable as provided in section 40. Such 
an agreement shall be approved only when the terms thereof 
conform to the provisions of this chapter. 

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

[Approved August 5, 1955.] 



460 Chapter 292 [1955 

CHAPTER 292. 

AN ACT RELATIVE TO THE LAYOUT OF LIMITED ACCESS HIGHWAYS, 
AND TO THE RYE WaTER DISTRICT. 

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

1. Limited Access Highways. Amend section 2 of part 7 
of chapter 90 of the Revised Laws as inserted by chapter 188, 
Laws of 1945 (section 2, chapter 236, RSA) by striking out 
said section and inserting in place thereof the following: 2. 
Occasion for Lay Out; Lay Out. The governor, with the 
advice of the council, on his own motion or a special committee 
of three persons appointed by the governor and council for 
the purpose, may determine, upon hearing, whether there is 
occasion for the laying out or alteration of a limited access 
facility including service roads in a location proposed by the 
commissioner of public works and highways, and, if so, the 
governor, with the advice of the council, shall appoint a com- 
mission of three persons who may purchase land or other 
property in the proposed location and who shall lay out the 
remainder of such facility, service roads, or alteration thereof, 
assess the damages sustained by each owner of land or property 
taken, and tender payment of the sums awarded. The com- 
mission appointed by the governor and council to lay out any 
limited access facility may acquire private or public property 
and property rights for such facility and service roads, in- 
cluding rights of access, air, view, and light, by gift, devise, 
purchase or condemnation in the same manner as provided for 
acquiring property for class I highways except that all property 
rights acquired under the provisions of this part shall be in 
fee simple including property acquired by condemnation pro- 
ceedings. The commission, in its discretion, may acquire an 
entire lot, block, or tract of land, if by so doing the interests 
of the public will be best served even though said entire lot, 
block, or tract is not immediately needed for the right of way 
proper, and the commissioner of public works and highways, 
with the approval of the governor and council, may sell, convey, 
transfer or lease any surplus property, real or personal, at 
public or private sale. 

2. Rye Water District. Amend sections 1 and 2 of chap- 



1955] Chapter 293 461 

ter 394 of the Laws of 1947, as amended by section 2, chapter 
364 of the Laws of 1949, section 4 of chapter 334, of the Laws 
of 1951 and section 11, chapter 351 of the Laws of 1953 by- 
striking out said sections and inserting in place thereof the 
following: 1. Authorization. Rye Water District in the 
town of Rye is hereby authorized to incur indebtedness in an 
amount not exceeding four hundred seventy thousand dollars 
($470,000.00), including the amount authorized by chapter 72 
of the Revised Laws, for the purpose of purchasing or con- 
structing, or both, and maintaining, extending and operating 
such water works system as it may deem necessary for munici- 
pal use and for the use of its inhabitants and others. 2. Is- 
suance of Bonds or Notes. For the purpose and to the extent 
set forth in section 1 of this act. Rye Water District in the 
town of Rye is hereby authorized and empowered to issue 
serial notes or bonds in accordance with the remaining pro- 
visions of chapter 72 of the Revised Laws, as amended, except 
as hereinafter provided. 

3. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 5, 1955.] 



CHAPTER 293. 



AN ACT RELATIVE TO TRANSFER OF DIAGNOSTIC LABORATORIES TO 
THE STATE HOSPITAL. 

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

1. Transfer of Diagnostic Laboratories. On and after 
August 1, 1955, the division of diagnostic laboratories shall 
be transferred from the department of health to the state 
hospital and shall be under the administration of the super- 
intendent of the state hospital. All powers and duties, records 
and property of said division are hereby transferred to the 
state hospital. All personnel of said division are hereby trans- 
ferred to the state hospital provided that no employee of the 
division shall receive less compensation than he was receiving 
prior to said transfer. All unexpended appropriations from 



462 Chapter 294 [1955 

state funds provided for the diagnostic laboratories are hereby 
transferred to the state hospital to be used only for the pur- 
poses for which they could have been legally used heretofore. 
Nothing herein contained shall be construed as affecting the 
power of the department of health to receive and expend 
federal funds for diagnostic purposes nor shall this section be 
construed as authorizing any transfer of federally received 
funds to the state hospital. 

2. Takes Effect. This act shall take effect as of August 1, 
1955. 
[Approved August 5, 1955.] 



CHAPTER 294. 



AN ACT RELATIVE TO RE-EXAMINATION OF HOLDERS OF LICENSES 
TO OPERATE MOTOR VEHICLES. 

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

1. Motor Vehicles, Licenses. Amend chapter 117 of the 
Revised Laws (chapter 261, RSA) by inserting after section 
2-a a new section as follows: 2-b. Re-examination. When- 
ever information is presented to the commissioner which leads 
him to believe that reasonable doubt exists as to the qualifica- 
tions of any licensee to operate a motor vehicle, the commis- 
sioner may order such licensee to obtain a written statement 
from a physician as to the fitness of said licensee to operate 
a motor vehicle. No license shall be issued or continued to any 
person who fails to present to the commissioner the written 
statement provided above or who, in said written statement, 
fails to satisfy the commissioner that he is fit to operate a 
motor vehicle. 

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

[Approved August 5, 1955.] 



1955] Chapter 295 463 

CHAPTER 295. 

AN ACT RELATIVE TO PEDESTRIANS AND TO DIMMING LIGHTS ON 

MOTOR VEHICLES AND TRAILER BREAK-AWAY SAFETY 

CHAINS ON TRAILERS. 

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

1. Use of Highways. Amend chapter 119 of the Revised 
Laws (chapter 263, RSA) by inserting after section 22-a, as 
inserted by chapter 212, Laws of 1949, the following new sec- 
tion: ,22-b. Pedestrians. Where sidewalks are not provided 
any pedestrian walking along and upon a highway shall, when 
practicable, walk only on the left side of the roadway or its 
shoulder facing traffic which may approach from the opposite 
direction. 

2. Motor Vehicle Headlights. Further amend said chap- 
ter 119 by inserting after section 28 the following new section: 
28-a. Dimming Lights. The operator of any motor vehicle 
upon approaching, overtaking or while following within a dis- 
tance of approximately one hundred and fifty feet of another 
motor vehicle on the public highway during the period from 
one-half hour after sunset to one-half hour before sunrise shall 
"dim his headlights. 

3. Safety Device. Amend said chapter 119 by inserting 
after section 5 the following new section : 5-a. Trailer Break- 
away Safety Chains. Every trailer or semi-trailer shall in 
addition to the tow-bar or coupling device have a safety chain 
or cable to prevent break-away from the towing vehicle. Each 
chain or cable shall have an ultimate strength at least equal 
to the gross weight of the trailer and load being towed. Chains 
or cables shall be connected to the towed and towing vehicle 
to prevent the tow-bar dropping to the ground in event the 
tow-bar fails. This provision shall not apply to truck-tractor 
and semi-trailer units equipped with fifth wheel mechanism. 

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

[Approved August 5, 1955.] 



464 Chapter 296 [1955 

CHAPTER 296. 

an act relative to the salary of the justice of the 
Newport municipal court. 

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

1. Newport Municipal Court. Amend paragraph I of sec- 
tion 31 of chapter 377, Revised Laws, as amended by chapter 
232, Laws of 1947, chapters 73, 213, 239 and 251, Laws of 1953 
(paragraph I, section 7, chapter 502, RSA) and as amended by 
chapters 133 and 182, Laws of 1955, and by chapter 279, Laws 
of 1955, by striking out the words "In Newport, nine hundred 
dollars" and inserting in place thereof the words, In Newport, 
one thousand one hundred and fifty dollars, so that said para- 
graph as amended shall read as follows: I. Salaries of 
Justices. Salaries of justices of municipal courts shall be paid 
from the treasury of the city or town in which such courts are 
located, may be paid quarterly or monthly, and shall be in the 
following sums per annum: 

In Manchester, four thousand six hundred dollars; 

[n Nashua, three thousand dollars; 

[n Concord, three thousand five hundred dollars; 

[n Portsmouth, two thousand five hundred dollars; 

[n Dover, one thousand eight hundred dollars; 

[n Laconia, one thousand eight hundred dollars; 

[n Keene, two thousand five hundred dollars; 

[n Claremont, two thousand three hundred dollars; 

[n Berlin, twenty-two hundred dollars; 

[n Rochester, one thousand two hundred dollars; 

[n Lebanon, one thousand five hundred dollars; 

[n Newport, one thousand one hundred and fifty dollars; 

[n Derry, nine hundred dollars; 

[n Franklin, one thousand two hundred dollars; 

[n Exeter, eight hundred dollars; 

[n Somersworth, eight hundred dollars; 

[n Littleton, eight hundred dollars; 

[n Milford, six hundred dollars. 

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

[Approved August 5, 1955.] 



1955] Chapters 297, 298 465 

CHAPTER 297. 

AN ACT RELATING TO RE-ASSESSMENT PROCEDURES. 

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

1. Local Officials. Amend section 13, chapter 82, Revised 
Laws (section 13, chapter 71, RSA) by inserting at the end 
thereof the words, In making such re-assessment the commis- 
sion may determine whether the values determined shall be 
used for the assessment of taxes for the year in which the 
re-assessment is made or for the assessment to be made in the 
succeeding year, so that said section as amended shall read as 
follows: 13. Procedure for Re-assessment. Such re-assess- 
ment shall be made in the first instance by the selectmen or 
assessors of such district, and, if such re-assessment is not 
made within thirty days of the order or is not satisfactory to 
the tax commission, then the commission may make such re- 
assessment or cause it to be made. In making such re-assess- 
ment the commission may determine whether the values 
determined shall be used for the assessment of taxes for the 
year in which the re-assessment is made or for the assessment 
to be made in the succeeding year. 

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

[Approved August 5, 1955.] 



CHAPTER 298. 

AN ACT RELATIVE TO CARRYING WEAPONS. 

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

1. Carrying Weapons. Amend section 27 of chapter 455 of 
the Revised Laws (section 27, chapter 585, RSA) by inserting 
after the word "stiletto" in the second line the words, switch 
knife, sword cane, pistol cane, black jack, so that said section 
as amended shall read as follows: 27. Carrying Weapons. 
Whoever, except as provided by the laws of this state, carries 
on his person any stiletto, switch knife, sword cane, pistol 



466 Chapters 299, 300 [1955 

cane, black jack, dagger, dirk-knife, slung shot or metallic 
knuckles, shall be fined not more than one hundred dollars, or 
be imprisoned not more than one year, or both; and such 
weapon or article so carried by him shall be confiscated to the 
use of the state. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 5, 1955.] 



CHAPTER 299. 



AN ACT RELATIVE TO EXPENSES OF MEMBERS OF COMMISSION ON 
INTERSTATE COOPERATION. 

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

1. Compensation. Amend section 4 of chapter 145, Laws 
of 1935 (section 4, chapter 19, RSA) by striking out said 
section and inserting in place thereof the following : 4. Com- 
pensation. The members of said commission on interstate 
cooperation shall serve without compensation. The members of 
said commission from the general court shall be entitled to 
reimbursement for their reasonable expenses when on oflScial 
duties as such members, provided however said reimbursement 
expenses are approved by the speaker of the house of repre- 
sentatives for not more than three members on the commission 
from the house and by the president of the senate for not more 
than three members on the commission from the senate. Said 
reimbursement shall be a charge upon the legislative funds, 

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

[Approved August 5, 1955.] 



CHAPTER 300. 

AN ACT RELATING TO THE NUMBER OF LIVES COVERED BY GROUP 

LIFE INSURANCE. 

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

1. Group Life Insurance. Amend subparagraph (c) of 



1955] Chapter 301 467 

paragraph (1) of section 14-a of chapter 327 of the Revised 
Laws, as inserted by chapter 175 of the Laws of 1947 (sec- 
tion 15, chapter 408, RSA) as amended by section 1, chapter 
79, Laws of 1955, by striking out the word "twenty-five" and 
inserting in place thereof the word, ten, so that said sub- 
paragraph as amended shall read as follows : (c) The policy 
must cover at least ten employees at date of issue. 

2. Takes Effect. This act shall take effect upon its 
passage. 
[Approved August 5, 1955.] 



CHAPTER 301. 

AN ACT MODIFYING THE EMPLOYEES' RETIREMENT SYSTEM OF THE 

STATE OF New Hampshire and correlating its benefits 

WITH federal old-age AND SURVIVORS INSURANCE 
BENEFITS. 

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

PART I. 

Declaration of Policy 
1. Declaration of Policy. It is the purpose of the legis- 
lature in the enactment hereof to provide a means whereby the 
employees and officials of the state and of its political sub- 
divisions who are now members or eligible to be members 
of the state employees' retirement system may acquire the 
benefits available through the old-age and survivors provisions 
of title II of the federal Social Security Act while at the same 
time retaining certain advantages of their present retirement 
plan. It is a further purpose of the legislature in the enactment 
hereof to secure to the state such financial benefits as may 
accrue to it through the adoption of a retirement plan for its 
employees and officials of which old-age and survivors in- 
surance is a part. 

PART II. 

Statute Amended; Referenda 
1. No Impairment of Benefits. Amend section 1 of chap- 



468 Chapter 301 [1955 

ter 234 of the Laws of 1951 (section 1, chapter 101, RSA) by 
adding at the end thereof, the words: It is also the pohcy of 
the legislature that the protection afforded employees in posi- 
tions covered by a retirement system on the date an agreement 
under this act is made applicable to service performed in such 
positions, or receiving periodic benefits under such retirement 
system at such time, will not be impaired as a result of making 
the agreement so applicable or as a result of legislative enact- 
ment in anticipation thereof, so that said section as amended 
shall read as follows: 1. Declaration of Policy. In order to 
extend to employees of the state and its political subdivisions 
and to the dependents and survivors of such employees, the 
basic protection accorded to others by the old-age and sur- 
vivors insurance system embodied in the Social Security Act, 
it is hereby declared to be the policy of the general court, 
subject to the limitations of this act, that such steps be taken 
as to provide such protection to employees and officials of the 
state and its political subdivisions on as broad a basis as is 
permitted under the Social Security Act, except as may be 
otherwise specifically limited herein. It is also the policy of the 
legislature that the protection afforded employees in positions 
covered by a retirement system on the date an agreement 
under this act is made applicable to service performed in such 
positions, or receiving periodic benefits under such retirement 
system at such time, will not be impaired as a result of making 
the agreement so applicable or as a result of legislative enact- 
ment in anticipation thereof, 

2. Employment Defined. Amend paragraph II of section 2 
of chapter 234 of the Laws of 1951 (paragraph II, section 2, 
chapter 101, RSA) by striking out said paragraph and insert- 
ing in place thereof the following: II. The term "employ- 
ment" means any service performed by an employee or official 
in the employ of the state, or any political subdivision thereof, 
for such employer, except (1) service which in the absence 
of an agreement entered into under this act would constitute 
"employment" as defined in the Social Security Act; or (2) 
service which under the Social Security Act may not be in- 
cluded in an agreement between the state and the Secretary 
of Health, Education and Welfare entered into under this act, 
or (3) service performed by members and those eligible to be 
members of the teachers' retirement system, policemen's re- 



1955] Chapter 301 469 

tirement system and firemen's retirement system; or (4) 
service of an emergency nature; or (5) service performed by 
a student as provided in section 218 (c) (5) of the Social 
Security Act; or (6) service in any class or classes of positions 
filled by popular election and any class or classes of positions 
the compensation for which is on a fee basis, performed (A) 
by an employee of the state, or (B) as so provided in the plans 
submitted under section 5, by a political subdivision of the 
state, by an employee of such subdivision. Service which under 
the Social Security Act may be included in an agreement only 
upon certification by the governor in accordance with section 
218 (d) (3) of that act shall be included in the term "employ- 
ment" if and when the governor issues, with respect to such 
service, a certificate to the Secretary of Health, Education and 
Welfare pursuant to paragraph II of section 13 hereof as here- 
inafter inserted. 

3. Political Subdivisions. Amend paragraph VI of sec- 
tion 2 of chapter 234 of the Laws of 1951 (paragraph VI, 
section 2, chapter 101, RSA) by adding at the end thereof the 
following words, said term also includes a supervisory union; 
so that said paragraph as amended shall read as follows : VI. 
The term "political subdivision" includes an instrumentality of 
a state, of one or more of its political subdivisions, or of a 
state and one or more of its political subdivisions, but only if 
such instrumentality is a juristic entity which is legally 
separate and distinct from the state or subdivision and only 
if its employees are not by virtue of their relation to such 
juristic entity employees of the state or subdivision. Said term 
also includes a supervisory union. 

4. Retroactive Ck)verage. Amend subparagraph (3) of 
paragraph I of section 3 of chapter 234 of the Laws of 1951 
as amended by chapter 89, Laws of 1953, (subparagraph (3), 
paragraph I, section 3, chapter 101, RSA) by adding at the 
end thereof the words, except that a modification entered into 
after December 31, 1954, and prior to January 1, 1958, may be 
effective with respect to services performed after December 31, 
1954, or after a later date specified in such modification, so 
that said subparagraph as amended, shall read as follows: 
(3) Such agreement or modification of the agreement shall 
be effective with respect to services performed after an effec- 



470 Chapter 301 [1955 

tive date specified in such agreement or modification, but in 
no case prior to January 1, 1951, and in no case (other than 
in the case of an agreement or modification agreed to prior 
to January 1, 1954) prior to the first day of the calendar year 
in which such agreement or modification, as the case may be, 
is agreed to by the Secretary of Health, Education and Welfare 
and the state except that a modification entered into after 
December 31, 1954, and prior to January 1, 1958, may be effec- 
tive with respect to services performed after December 31, 
1954, or after a later date specified in such modification. 

5. Retirement System as Separate Systems. Amend sec- 
tion 3 of chapter 234 of the Laws of 1951 (section 3, chapter 
101, RSA) by inserting at the end thereof the following new 
paragraph: III. Employees' Retirement System. Pursuant 
to section 218 (d) (6) of the Social Security Act, the em- 
ployees' retirement system of the state of New Hampshire 
shall, for the purposes of this act, be deemed to constitute a 
separate retirement system with respect to the state and a 
separate retirement system with respect to each political sub- 
division which has, or on September 1, 1954, had positions 
covered thereby, provided however, that in the case of any 
such political subdivision which has no employees eligible to 
vote in a referendum, as eligibility is defined in section 218 
(d) (3) of the Social Security Act, such political subdivision 
shall be deemed a part of another political subdivision having 
positions covered by said employees' retirement system as the 
governor may designate, and the employees' retirement system 
of the state of New Hampshire, with respect to any combina- 
tion of political subdivisions so formed, shall likewise be 
deemed a separate retirement system. 

6. Referenda and Certification. Amend chapter 234 of the 
Laws of 1951 (chapter 101, RSA) by inserting at the end 
thereof the following new section : 13. Procedure. I. Refer- 
endum. With respect to employees of the state the governor 
is empowered to authorize a referendum, and with respect to 
the employees of any political subdivision he shall authorize 
a referendum upon request of the governing body of such 
subdivision except as otherwise provided herein; and in either 
case the referendum shall be conducted, and the governor shall 
designate an agency or individual to supervise its conduct, in 
accordance with the requirements of section 218 (d) (3) of 



1955] Chapter 301 471 

the Social Security Act, on the question of whether service in 
positions covered by a retirement system estabhshed by the 
state or by a political subdivision thereof should be excluded 
from or included under an agreement under this act. In the 
case of the referendum with respect to the employees of the 
state, the conduct thereof shall be governed by such rules as 
the governor, after consultation with the representatives of 
employee organizations, shall approve. The notice of refer- 
endum required by section 218 (d) (3) (C) of the Social 
Security Act to be given to employees shall contain or shall 
be accompanied by a statement, in such form and such detail 
as the governor shall deem necessary and sufficient, to inform 
the employees of the rights which will accrue to them and 
their dependents and survivors, and the liabilities to which 
they will be subject, if their services are included under an 
agreement under this act. 

IT. Certification. Upon receiving evidence satisfactory 
to him that with respect to any such referendum the conditions 
specified in section 218 (d) (3) of the Social Security Act have 
been met, the governor shall so certify to the Secretary of 
Health, Education and Welfare. 

III. Order of Referenda. No referendum shall be held 
hereunder with respect to the employees of any political sub- 
division until the referendum authorized herein with respect 
to the employees of the state shall have been conducted and 
the result thereof determined. In the event that the employees 
of the state in said referendum shall vote in favor of including 
service in positions covered by the employees' retirement sys- 
tem of the state of New Hampshire with respect to the state 
under an agreement under this act, the governor, upon the 
determination of such vote and without further directive or 
request, shall forthwith authorize a referendum with respect 
to each of the political subdivisions having positions covered 
by said employees' retirement system. 

PART III. 
Old-Age and Survivors Insurance 

1. Definitions: I. As used in this part, the following 
words and phrases shall be construed as indicated below, unless 
the context plainly requires otherwise. 



472 Chapter 301 [1955 

"Chapter 234" shall mean and refer to chapter 234 of the 
Laws of 1951, as amended. 

"Chapter 27-A" shall mean and refer to chapter 27-A of 
the Revised Laws as inserted by chapter 183 of the Laws of 
1945, as amended. 

"Contribution fund" shall mean and refer to the contribu- 
tion fund established by section 6 of chapter 234. 

"Employees' retirement system" shall mean and refer to 
the employees' retirement system of the state of New Hamp- 
shire as established by chapter 27-A. 

"Trustees" shall mean and refer to the trustees of the 
employees' retirement system. 

XL The provisions of section 2 of chapter 234 shall apply 
to this part ; and the several words and phrases defined in said 
section when used herein shall have the meaning specified in 
said section, unless the context plainly requires otherwise. 

,2. Modification Authorized. Whenever following the refer- 
endum with respect to the employees of the state authorized 
in paragraph I of section 13 of chapter 234 as inserted here- 
inbefore, it shall appear that said employees have voted in 
favor of including service in positions covered by the em- 
ployees' retirement system under an agreement under said 
chapter 234, and it shall further appear that the governor has 
filed with the Secretary of Health, Education and Welfare with 
respect to said referendum the certificate required by para- 
graph n of said section 13, the state agency shall forthwith 
request the Secretary of Health, Education and Welfare to 
effect a modification of the agreement between the state and 
the Secretary of Health, Education and Welfare made under 
the provisions of said chapter so as to include under said 
agreement service which under said chapter constitutes em- 
ployment performed in the employ of the state. Such modifica- 
tion shall be entered into as of June 30, 1956, and shall be 
effective with respect to service performed after December 31, 
1954. 

3. Financing Retroactive Coverage. I. The amounts pay- 
able by the state into the contribution fund with respect to 
services performed in the employ of the state after December 
31, 1954, and prior to July 1, 1956, are hereby made a charge 
upon the state annuity accumulation fund as established by 



1955] Chapter 301 473 

paragraph III of section 13 of chapter 27-A, As soon as such 
amounts shall be ascertained, the state agency shall certify 
such amount to the trustees and the trustees shall forthwith 
cause said amount to be paid into the contribution fund. 

II. If following the referendum with respect to the em- 
ployees of the state authorized in paragraph I of section 13 
of chapter 234 as inserted hereinbefore, it shall appear that 
said employees have voted in favor of including service in 
positions covered by the employees' retirement system under 
an agreement under said chapter 234, the governor is hereby 
authorized to issue an executive order directing that there 
shall bd made a special deduction from the compensation of 
each employee, in consideration of his retention in or entry 
upon employment after the issuance of such order, in an 
amount which shall equal to the tax which would be imposed 
by section 3101 of the Federal Insurance Contributions Act 
with respect to services performed by him in the employ of 
the state after December 31, 1954 and prior to July 1, 1956, 
if such services of such employee with respect to such period 
constituted employment within the meaning of said act. Such 
special deductions shall be made in installments with respect 
to the several payrolls between the date of said executive order 
and July 1, 1956, and the amount deducted shall be held to 
the credit of each employee. Any such employee who shall 
•leave the employ of the state prior to June 30, 1956, shall 
have returned to him the entire amount of such special deduc- 
tion, without interest. The amount thus deducted with respect 
to employees who shall be in the service of the state on June 
30, 1956, shall be paid into the contribution fund, and shall 
thereafter be paid out by the state agency in accordance with 
said chapter 234 with respect to service performed by each 
such employee after December 31, 1954, and prior to July 1, 
1956. 

4. Biennial Appropriations. On or before the first day of 
October next preceding each regular session of the legislature, 
the state agency shall certify to the comptroller the amounts 
which will become due and payable by the state into the con- 
tribution fund during the biennium next following on account 
of the modification of agreement authorized in this part, and 
it shall be the duty of the comptroller in preparing the execu- 
tive budget for the ensuing biennium to include in the budget 



474 Chapter 301 [1955 

the amounts so certified, which amounts shall be appropriated 
by the legislature. The state agency shall from time to time 
certify to the comptroller the amount of such appropriation 
for such year which is at that time required to be paid into 
the contribution fund. The governor and council shall season- 
ably thereafter draw a warrant or warrants for the amounts 
so certified ; and the treasurer upon the receipt of such warrant 
shall forthwith transfer the amounts specified therein to the 
contribution fund. The provisions of this section shall not apply 
with respect to the fiscal year beginning July 1, 1956, and 
ending June 30, 1957. 

5. Initial Financing. The amounts which the state shall 
be required to pay into the contribution fund pursuant to the 
modification of agreement herein authorized with respect to 
service performed in the employ of the state for the fiscal year 
beginning on July 1, 1956, and ending on June 30, 1957, shall 
be provided in the manner following. The trustees as soon as 
practicable, but not later than July 31, 1956, shall estimate 
the amount by which the sums appropriated by the legislature, 
including those to be paid both from general funds and from 
special funds, for the purposes of the employees' retirement 
system of the state of New Hampshire during said fiscal year, 
shall reasonably be expected to exceed the sum which shall be 
required for such purposes as a result of the amendments of 
chapter 27-A made by this act ; and they shall notify the state 
agency of such amount. The state agency shall thereafter, 
from time to time request the trustees to transfer from said 
excess into the contribution fund the amount which the state 
shall at that time be required to pay into said contribution 
fund ; and upon such request it shall be the duty of the trustees 
to certify said amount to the governor and council, conform- 
ably as nearly as may be to the provisions of paragraph V of 
section 13 of chapter 27-A, and the governor and council shall 
forthwith draw a warrant or warrants for the amount so certi- 
fied, requiring the treasurer to transfer said amount, in the 
aggregate up to, but not exceeding, the amount of such excess 
to the contribution fund. In order to provide such further sums 
as the state may be required to pay into the contribution fund 
during said fiscal year, the trustees are authorized and directed, 
upon the certification of the state agency, to transfer the 



1955] Chapter 301 475 

amount of such further sums from the state annuity accumu- 
lation fund hereinbefore referred to. 

6. Coverage in Political Subdivisions. Whenever following 
a referendum with respect to the employees of a political sub- 
division authorized by the governor under the provisions of 
paragraph III of section 13 of chapter 234 as hereinbefore in- 
serted, it shall appear that said employees have voted in favor 
of including service in positions covered by the employees' 
retirement system with respect to said political subdivision 
under an agreement under said chapter 234, and it shall further 
appear that the governor has filed with the Secretary of Health, 
Education and Welfare with respect to said referendum the 
certificate required by paragraph II of said section 13, it shall 
be deemed that said political subdivision has submitted for 
approval by the state agency a plan for extending the benefits 
of title II of the Social Security Act in conformity with appli- 
cable provisions of such act to the employees of such political 
subdivision, and has otherwise adopted the provisions of chap- 
ter 234 for the purposes of section 7 of said chapter. Notwith- 
standing any other provisions of this act, such plan shall be 
in the form of the plans now in eff"ect with respect to the 
several political subdivisions which have elected to extend such 
benefits to their employees, and shall contain like provisions, 
except that service of an emergency nature and service per- 
formed by a student as provided in section 218 (c) (5) of the 
Social Security Act shall not be covered by the plan; and the 
state agency shall forthwith request the Secretary of Health, 
Education and Welfare to effect a modification of the agree- 
ment between the state and the Secretary of Health, Educa- 
tion and Welfare made under the provisions of said chapter 
so as to include under said agreement service which under said 
chapter constitutes employment performed in the employ of 
said political subdivision. Such modification shall be entered 
into as of June 30, 1956, and shall be effective with respect 
to service performed after December 31, 1954. 

7. Obligations of Subdivisions. I. Whenever pursuant to 
the foregoing section the state agency shall request a modifica- 
tion of the agreement between the state and the Secretary of 
Health, Education and Welfare with respect to the employees 
of a political subdivision, said agency shall thereupon ascertain 



476 Chapter 301 [1955 

the amounts payable into the contribution fund by said sub- 
division with respect to service performed after December 31, 
1954, and prior to July 1, 1956, and shall certify said amounts 
to the clerk of such political subdivision. The amounts so 
certified shall be deemed to be a judgment against the political 
subdivision and shall, without vote of the political subdivision 
or its governing body, be paid by the officers thereof authorized 
to make payment in the case of a levy of execution against said 
political subdivision. 

XL Any such political subdivision is authorized to collect, 
whether by payroll deduction or otherwise, from each employee 
with respect to whose service a contribution has been made or 
may reasonably be expected to be made as required in para- 
graph I hereof an amount equal to the tax which would be 
imposed by section 3101 of Federal Insurance Contributions 
Act with respect to service performed by him after December 
31, 1954, and prior to July 1, 1956, if such service of such em- 
ployee with respect to such period constituted employment 
within the meaning of said act. Provided, however, that such 
sum may be collected only if the employee is in the employ of 
the political subdivision on June 30, 1956, and provided further 
that if said sum or any part thereof shall be collected prior to 
July 1, 1956, the sum so collected shall be returned to the 
employee, without interest, if the employee shall leave the em- 
ploy of the political subdivision prior to June 30, 1956. The 
failure of the political subdivision to collect such sum with 
respect to each employee in its employ on June 30, 1956, shall 
not relieve said subdivision of its obligation to pay into the 
contribution fund the entire amount certified under paragraph 
I hereof. 

8. Appropriation for Administrative Costs. The sum of 

three thousand dollars, or so much thereof as may be required, 
is hereby appropriated for the purpose of meeting the state's 
pro rata share of administrative costs, with respect to its own 
employees, required by section 7 of chapter 234, and the gov- 
ernor is authorized to draw his warrants for the sum hereby 
appropriated out of any money in the treasury not otherwise 
appropriated. 



1955] Chapter 301 477 

PART IV. 

Modification of the Employees' Retirement System 
of the State of JNew Hampshire 

1. Definitions. Amend section 1 of chapter 27-A of the 
Revised Laws, as inserted by chapter 183 of the Laws of 1945 
(section 1, chapter 100, RSA) by inserting after paragraph 
XXI thereof the following new paragraph : XXIL "Primary 
insurance amount" shall mean the amount which a retired 
member may be entitled to receive as a primary insurance 
amount under title II of the Social Security Act, as now in 
effect or as hereafter amended, even though such amount or 
any part thereof is not actually received by such retired mem- 
ber because of his failure to make application therefor, or 
because of his having rendered service during the period for 
which such benefit would otherwise be payable, or for any other 
reason. XXIII. "Survivor's insurance benefit" shall mean the 
amount payable under title II of the Social Security Act as now 
in effect or hereafter amended, to any person or persons on 
account of the death of the member, even though such amount 
or any part thereof is not actually received by such person 
because of his failure to make application therefor, or because 
of his having rendered service during the period for which 
such benefit would otherwise be payable, or for any other 
reason. XXIV. "Date of modification" shall mean and refer 
to July 1, 1956. 

2. Present Employees of the State. Amend section 3 of 
chapter 27-A of the Revised Laws as inserted by chapter 183 
of the Laws of 1945 (chapter 100, RSA) by inserting after 
paragraph VI thereof the following new paragraph: VII. 
Each employee of the state who is a member of the system 
on the date of modification and who became a member of the 
system after the date of establishment shall be and be deemed 
to be a member of the system as of the date of modification ; 
and each employee of the state who is a member of the system 
on the date of modification and who became a member as of 
the date of establishment shall be and be deemed to be a mem- 
ber of the system as of the date of modification unless within 
thirty days after the date of modification he files notice with 
the board of trustees waiving all present and prospective bene- 
fits under the system, in which case his accumulated contribu- 



478 Chapter 301 [1955 

tions made prior to the date of modification shall be returned 
to him. Any such employee who so elects not to be a member 
as of the date of modification may thereafter apply for and 
be admitted to membership but without credit for service 
rendered prior to the time he is admitted to membership. 

3. Service Retirement Benefits. Amend subparagraphs 
(b) and (c) of paragraph II of section 5 of chapter 27-A of the 
Revised Laws as inserted by chapter 183 of the Laws of 1945, 
(subparagraphs (b) and (c), paragraph II, section 6, chapter 
100, RSA) by striking out said subparagraphs and inserting 
in place thereof the following: (b) A state annuity which 
together with his employee annuity shall be equal to the sum 
of the following: (1) thirty per cent of his average final 
compensation in excess of one thousand two hundred dollars 
but not in excess of four thousand two hundred dollars, plus 
(2) fifty per cent of the portion of his average final compensa- 
tion in excess of four thousand two hundred dollars; except 
that if he has less than thirty-five years of creditable service, 
his state annuity, together with his employee annuity, shall be 
such proportion of said sum as the number of his years of 
creditable service bears to thirty-five. Provided, however, that 
in the case of a member with thirty-five or more years of 
creditable service the state annuity shall be in such amount as, 
together with his employee annuity and his primary insurance 
amount shall be at least equal to fifty per cent of his average 
final compensation, and in the case of a member with less than 
thirty-five years of creditable service the state annuity shall 
be in such amount as, together with his employee annuity and 
his primary insurance amount, shall be at least equal to the 
proportion of fifty per cent of his average final compensation 
which his period of creditable service bears to thirty-five, (c) 
If the member has less than thirty-five years of creditable 
service and is retired on or after the attainment of age seventy, 
an additional state annuity in an amount, to be set by the 
governor and council, not in excess of the retirement allowance 
provided in subparagraphs (a) and (b) hereof, nor in excess 
of an amount which when added to the retirement allowance 
provided under said subparagraphs shall equal the retirement 
allowance that would have been provided under said subpara- 
graphs if the member had had thirty-five years of creditable 
service. 



1955] Chapter 301 479 

4. Disability Retirement Benefits. Amend paragraph II of 
section 6 of chapter 27-A of the Revised Laws as inserted by 
chapter 183 of the Laws of 1945, (paragraph II, section 7, 
chapter 100, RSA) by striking out said paragraph and insert- 
ing in place thereof the following: II. Upon ordinary dis- 
ability retirement the member shall receive a service retire- 
ment allowance if he has attained age sixty-five ; otherwise he 
shall receive an ordinary disability retirement allowance which 
shall consist of: 

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

(b) A state annuity payable prior to age sixty-five which, 
together with his employee annuity, shall be equal to forty-five 
per cent of his average final compensation, except that if he 
has less than thirty-five years of creditable service, such state 
annuity, together with his employee annuity, shall be equal 
to such proportion of forty-five per cent of his average final 
compensation as the number of his years of creditable service 
bears to thirty-five, if such retirement allowance exceeds 
twenty-five per cent of his average final compensation; other- 
wise a state annuity which, together with his employee annuity, 
shall be equal to twenty-five per cent of his average final com- 
pensation, provided, however, that such allowance shall not 
exceed forty-five per cent of his average final compensation, 
except that if he would have less than thirty-five years of 
creditable service if he continued in service to age sixty-five, 
such allowance shall not exceed such proportion of forty-five 
per cent of his average final compensation as the number of 
years of creditable service he would have if he continued in 
service to age sixty-five bears to thirty-five; and 

(c) A state annuity payable after age sixty-five which, 
together with his employee annuity, shall be equal to ninety 
per cent of the service retirement allowance that would be pay- 
able to him on the basis of his average final compensation and 
creditable service at the time of his ordinary disability retire- 
ment, if such retirement allowance exceeds an amount which, 
together with his primary insurance amount, shall be equal to 
the ordinary disability retirement allowance payable prior to 
age sixty-five; otherwise, a state annuity which, together with 
his employee annuity and his primary insurance amount, shall 



480 Chapter 301 [1955 

be equal to the ordinary disability allowance payable prior to 
age sixty-five. 

5. Accidental Disability. Amend paragraph IV of section 
6 of chapter 27-A of the Revised Laws as inserted by chapter 
183 of the Laws of 1945, as amended by section 1, chapter 131, 
Laws of 1947 (paragraph IV, section 7, chapter 100, RSA) by 
striking out said paragraph and inserting in place thereof the 
following new paragraph : IV. Upon accidental disability re- 
tirement the member shall receive a service retirement allow- 
ance if he has attained age sixty-five ; otherwise he shall receive 
an accidental disability retirement allowance which shall con- 
sist of: 

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

(b) A state annuity payable prior to age sixty-five which, 
together with his employee annuity, shall be equal to fifty per 
cent of his average final compensation; and 

(c) A state annuity payable after age sixty-five which, 
together with his employee annuity, shall be equal to the 
service retirement allowance that would be payable to him if 
he continued in service to age sixty-five without change in his 
average final compensation and had thirty-five or more years 
of creditable service. 

6. Death Resulting from Accident. Amend section 8 of 
chapter 27-A of the Revised Laws, as inserted by chapter 183 
of the Laws of 1945 (section 9, chapter 100, RSA) by striking 
out said section and inserting in place thereof the following 
new section : 8. Accidental Death Benefits. I. If, upon the 
receipt by the board of trustees of proper proofs of the death 
of a member in service indicating that such death was the 
natural and proximate result of an accident occurring while' 
in the performance of duty at some definite time and place, 
and the board decides that death was the result of an accident 
in the performance of duty and not caused by wilful negligence 
on the part of the member, a state annuity shall be paid to 
his widow, to continue during her widowhood; or if there is 
no widow, or if the widow dies or remarries before the youngest 
child of the deceased member has attained age eighteen, then 
to his child or children under said age, divided in such manner 



1955] Chapter 301 481 

as the board in its discretion shall determine, to continue as a 
joint and survivorship state annuity for the benefit of such 
child or children under said age until every child dies or attains 
said age ; or if there is no widow nor child under age eighteen 
living at the death of the member, then to his dependent father 
or dependent mother as the board shall determine, to continue 
for life; or if the deceased member is a female, the foregoing 
benefits shall be payable to her children or dependent parents 
only in like manner and amount; and provided further that if 
none of the aforementioned beneficiaries is living at the death 
of the member no benefit shall be payable under the provisions 
of this section. 

II. Upon the accidental death of a member the amount 
of the state annuity payable shall be equal to the sum of 

(a) thirty per cent of the portion of his average final 
compensation in excess of one thousand two hundred dollars 
but not in excess of four thousand two hundred dollars, and 

(b) fifty per cent of the portion of his average final 
compensation in excess of four thousand two hundred dollars, 
if such state annuity, together with any survivors insurance 
benefits payable on account of the member's death, shall exceed 
fifty per cent of his average final compensation ; otherwise the 
amount of the state annuity payable shall be such amount as 
together with any survivors insurance benefits payable on 
"account of the member's death, shall be equal to fifty per cent 
of his average final compensation. 

III. Any amounts which may be paid or payable under 
the provisions of any workmen's compensation or similar law 
or plan on account of the death of any member shall, in such 
manner as the board of trustees shall determine, be offset 
against and payable in lieu of any state annuity payable under 
the provisions hereof on account of the same death. 

7. Contributions by Employees. Amend subparagraph (a) 
of paragraph I of section 13 of chapter 27-A of the Revised 
Laws as inserted by chapter 183 of the Laws of 1945 (sub- 
paragraph (a) of paragraph I of section 14, chapter 100, RSA) 
by striking out said subparagraph and inserting in place there- 
of the following: (a) The employee annuity savings fund 
shall be a fund in which shall be accumulated contributions 
deducted from the compensation of members to provide for 



482 Chapter 301 [1955 

their employee annuities. Such contributions shall be, for each 
member, at the rate determined in accordance with the follow- 
ing table: 





Percentage of Earnable 




Age When 


Compensation in Excess 


Percentage of Earn- 


Contributions 


of $1,200 but not 


able Compensation 


Begin 


in Excess of $4,200 


in Excess of $4,200 


17 


2.59 


4.32 


18 


2.66 


4.43 


19 


2.72 


4.53 


20 


2.78 


4.63 


21 


2.84 


4.74 


22 


2.91 


4.85 


23 


2.98 


4.97 


24 


3.07 


5.11 


25 


3.14 


5.24 


26 


3.23 


5.38 


27 


3.33 


5.55 


28 


3.44 


5.73 


29 


3.55 


5.91 


30 


3.67 


6.12 


31 


3.71 


6.18 


32 


3.74 


6.24 


33 


3.78 


6.30 


34 


3.82 


6.36 


35 


3.86 


6.44 


36 


3.91 


6.51 


37 


3.95 


6.59 


38 


4.00 


6.66 


39 


4.05 


6.75 


40 


4.10 


6.84 


41 


4.16 


6.93 


42 


4.21 


7.02 


43 


4.27 


7.11 


44 


4.32 


7.20 


45 


4.38 


7.30 


46 


4.44 


7.40 


47 


4.51 


7.51 


48 


4.57 


7.61 


49 


4.63 


7.72 



1955] 


Chapter 301 




50 


4.69 


7.82 


51 


4.76 


7.93 


52 


4.82 


8.04 


53 


4.89 


8.15 


54 


4.96 


8.27 


55 


5.03 


8.39 


56 


5.11 


8.51 


57 


5.18 


8.64 


58 


5.26 


8.76 


59 


5.33 


8.88 


60 


5.41 


9.01 


61 


5.46 


9.10 


62 


5.52 


9.20 


63 


5.59 


9.31 


64 and Over 


5.65 


9.41 



483 



As used in the foregoing table, the words "age when contri- 
butions begin" shall mean the age of the member when he last 
became a member of the system. 

The board of trustees shall certify to each employer, and 
each employer shall cause to be deducted from the compensa- 
tion of each member, on each and every payroll of such em- 
ployer and every payroll period, the percentage of earnable 
income applicable to such member. Each employer shall certify 
to the board on each and every payroll, or in such other manner 
"as the board may prescribe, the amounts deducted. Each of 
such amounts when deducted shall be paid to the retirement 
system and credited to the individual account, in the employee 
annuity savings fund, of the member from whose compensation 
the deduction was made. 

8. Additional Allowance. Amend subparagraph (c) of 
paragraph I of section 13 of chapter 27-A of the Revised Laws 
as inserted by chapter 183 of the Laws of 1945, (subparagraph 
(c) of paragraph I of section 14, chapter 100, RSA) by striking- 
out said subparagraph and inserting in place thereof the follow- 
ing: (c) In addition to the contributions deducted from the 
compensation of members as hereinbefore provided, and sub- 
ject to the approval of the board of trustees and to such rules 
and regulations as the board may make with respect to the 
crediting of interest thereon, any member may provide an 
additional retirement allowance by making contributions at 



484 Chapter 301 [1955 

an additional rate not in excess of the rate computed to be 
sufficient to provide an additional retirement allowance which, 
together with his regular retirement allowance will result in 
a total retirement allowance not in excess of (1) thirty per 
cent of the portion of his average final compensation in excess 
of one thousand two hundred dollars but not in excess of four 
thousand two hundred dollars, plus (2) fifty per cent of the 
portion of his average final compensation in excess of four 
thousand two hundred dollars. Such additional contributions 
shall become part of his accumulated contributions except in 
the case of retirement, when they shall be treated as excess 
contributions returnable to the member in cash or as an em- 
ployee annuity of equivalent actuarial value. 

9. Accrued Liability Contribution. Amend subparagraph 
(c) of paragraph III of section 13 of chapter 27-A of the Re- 
vised Laws as inserted by chapter 183 of the Laws of 1945 
(subparagraph (c) of paragraph III of section 14 of chapter 
100, RSA) by striking out said subparagraph and inserting in 
place thereof the following: (c) Immediately after making 
each valuation during the period over which the accrued liabil- 
ity contribution is payable, the board shall determine the per- 
centage normal contribution rate as the uniform and constant 
percentage of the earnable compensation of the average new 
entrant member which, if contributed on the basis of his 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 state; pro- 
vided, however, that if the basis of determining benefits pay- 
able from the retirement system shall be substantially changed, 
the percentage normal contribution rate shall be recomputed 
to reflect such change. After the accrued liability contribution 
has ceased to be payable, the percentage normal contribution 
rate shall be determined after each actuarial valuation as the 
rate per cent of the earnable compensation of all members 
obtained by deducting from the total liabilities of the state 
annuity accumulation fund the amount of the funds in hand 
to the credit of that fund and dividing the remainder by one 
per cent of the present value of the future compensation of 
all members. 

10. Rate. Amend subparagraph (d) of paragraph III of 



1955] Chapter 301 485 

section 13 of chapter 27-A of the Revised Laws as inserted by 
chapter 183 of the Laws of 1945 (subparagraph (d) of para- 
graph III of section 14 of chapter 100, RSA) by striking out 
said subparagraph and inserting in place thereof the following : 
(d) Immediately following the first actuarial valuation after 
the date of establishment, the actuary shall compute the rate 
per cent of the total annual earnable compensation of all mem-< 
bers which is equivalent to four per cent of the total liabilities 
of the state annuity accumulation fund which is not discharge- 
able by the funds in hand to the credit of the state annuity 
accumulation fund and the aforesaid normal contribution made 
on account of such members during the remainder of their 
active service. The rate per cent originally so determined shall 
be known as the "accrued liability contribution" rate. In the 
event that the basis of determining benefits payable from the 
retirement system shall be substantially changed, the actuary 
shall recompute the accrued liability contribution rate. The 
recomputed accrued liability contribution rate shall be the rate 
per cent of the total annual earnable compensation of all mem- 
bers that the actuary computes will be required to discharge 
the part of the recomputed liabilities of the state annuity 
accumulation fund which is not dischargeable by the funds in 
hand to the credit of the state annuity accumulation fund and 
future payments of normal contributions over the period of 
time that is equal to the period of time that would have been 
required to discharge the corresponding part of the liabilities 
of the state annuity accumulation fund if the basis of deter- 
mining benefits payable from the retirement system had not 
been so changed. The accrued liability contribution shall be 
discontinued as soon as the accumulated reserves in the state 
annuity accumulation fund equal the present value, as actuari- 
ally computed and approved by the board of trustees, of the 
total liabilities of the fund less the present value, computed 
on the basis of the normal contribution rate then in force, of 
the prospective normal contributions to be received on account 
of all members. 

11. Total Amount Payable. Amend subparagraph (e) 
of paragraph III of section 13 of chapter 27-A of the Revised 
Laws as inserted by chapter 183 of the Laws of 1945 (sub- 
paragraph (e) of paragraph III of section 14 of chapter 100, 
RSA) by striking out said subparagraph and inserting in place 



486 Chapter 301 [1955 

thereof the following: (e) The total amount payable to the 
state annuity accumulation fund in each year shall be not le