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
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